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Ord No 41-19-2354Ordinance No. 41-19-2354 An Ordinance amending the Land Development Code, Article II, Section 20-2.3 "Definitions", Article III, Section 20-3.3(D) "Permitted Use Schedule" and Section 20-3.4 "Special Use Conditions", Article VII, Section 20-7.12(A) "Permitted and Special Uses and Parking Requirements" and Section 20-7.51 "Special Exception" concerning Medical Marijuana and Pharmacy, Drug and Sundry store uses. WHEREAS, the City of South Miami regulates development within its boundaries through its Land Development Code; and WHEREAS, the State of Florida has enacted legislation providing for the growing, processing, and distributing of specific forms of low-THC cannabis to qualified patients and their legal representatives for the treatment of listed medical conditions, which is.codified as Section 381.986, Florida Statutes; and WHEREAS, the State has also passed a Constitutional amendment to expand the use of medical marijuana for persons suffering from certain debilitating conditions, see Fla. Const. Article X, Sec. 29; and WHEREAS, the State of Florida enacted additional legislation in 2017 to clarify regulations related to Medical Marijuana Treatment Centers and to persons such as physicians and caregivers authorized to perform certain tasks related to medical marijuana care. See Section 381.986; and WHEREAS, the 2017 legislation requires that Medical Marijuana Treatment Centers and Pharmacies be treated similarly with regard to restrictions on their location, unless the location restriction was enacted by ordinance prior to the 2017 amendment to Section 381.986; and WHEREAS, the activities allowed by said legislation remain illegal under federal law; WHEREAS, the City Commission has determined that it is in the best interests of the residents and general public for the City to regulate the location of medical marijuana centers; and desires to adopt this Ordinance to accomplish the above objectives and to allow Medical Marijuana Centers in the same Districts as pharmacies; and WHEREAS, the City Commission recognizes that State law requires that Medical Marijuana Center dispensing facilities be regulated as to location in the same manner as pharmacies; and WHEREAS, the City Commission has the responsibility and authority to determine what uses are best suited to particular zoning categories within the City; and WHEREAS, on October 8, 2019, the Planning Board held a public hearing on the Ordinance No. 41-19-2354 ordinance and made a recommendation of approval by a vote of four (4) ayes to two (2) nays. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. South Miami Land Development Code Article II, Definitions, Section 20- 2.3, "Definitions" is hereby amended to read as follows: Medical marijuana (also known as medical cannabis). Shall mean all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient (as defined by the state) and as the term "medical cannabis" is defined by Florida Statute. The term "cannabis" does not include hemp as defined in s. 581.217, or as amended, or industrial he as defined in s. 1004.4473, or as amended, and it does not include a drug product described in s. 893.03(5)(d), or as amended. Medical marijuana center (MMC). Shall mean either a medical marijuana retail center or a medical marijuana processing center as defined herein. Medical marijuana retail center (MMRC). Shall mean a retail establishment, licensed by the Florida Department of Health as a "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, product development, or processing of any form of medical marijuana or medical marijuana product, and does not allow on -site consumption of medical marijuana. > > or ''is1 J_ _�--J retail sales va I- pfeee ten — Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-3.3(D), "Permitted Use Schedule" is hereby amended to read as follows: PERMITTED USE SCHEDULE Paae 2 of 9 Ordinance No. 41-19-2354 P - PERMITTED BY RIGHT S - PERMITTED AS SPECIAL USE COND - SPECIAL USE CONDITIONS (See Section 20-3.4) PARK- PARKING REQUIREMENTS (See Section 20-4.4(B)) X - NO CONDITIONS WERE ADOPTED ZONING DISTRICT T T T T T O O C P USE TYPE R L M N S G M U D D D D D D D D P P D O A O O O R R R A D D H I R S N R H M M N D K U U U 4 5 6 I R RETAIL AND WHOLESALE TRADE Drugs Rey or Sundry Store Not S S P P P P P P P 16 11 selling_ prescription drugs Drug, Pharmacy or Sundry Stores selling S S S S S S S S S S 24 9 prescription drugs and Medical Marijuana Retail Center 24 9 Section 3. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-3.4 "Special use conditions" is hereby amended to read as follows: (24) MEDICAL MARIJUANA RETAIL CENTER (MMRC) AND DRUG, PHARMACY OR SUNDRY STORES SELLING PRESCRIPTION DRUGS. The following requirements shall be applicable to all Medical Marijuana Retail Centers MMRC , and _ Drug, Pharmacy or Sundry Stores selling prescription drugs(Pharmacies) lowed as a special use:_ All distances shall be measured by drawing a straight line between the closest point of a building housing the MMRC or Pharmacy to the closest property line of the RS Page 3 of 9 Ordinance No. 41-19-2354 zoning district, school, day care facility, park, or another business with the same use that is controlled by this Subsection (i. e. another MMRC or Pharmacy) (a) Location requirements. A MMRC shall not be located: i. Within 300 feet of any RS zoning district; ii. Within 1,000 feet of another MMRC, whether it is located in the City or in another jurisdiction; and or iii. Within 500 feet of a child day care facility, an elementary, middle or secondary school or within 500 feet of a county or municipal park located outside the Commercial Core,or- elemeRtAM9 mid line between the elesest poin ! !A V! (b) Location requirements. A Pharmacy shall not be located: i. Within 300 feet of any RS zoning district; ii. Within 1,000 feet of another Pharmacy, whether it is located in the City or in another jurisdiction; or iii. Within 500 feet of a child day care facility, an elementary, middle or secondary school or within 500 feet of a county or municipal park located outside the Commercial Core. fh)(d) Hours of operation. MMC and Pharmacies shall only be permitted to operate between the hours of 7:00 a.m. and 9:00 p.m. fie) Vehicular traffic. The MMC or Pharmacy shall ensure that there is no queuing of vehicles in the rights -of -way. No MMC or Pharmacy shall have a drive -through or drive-in service aisle or a walk-up service window for doing business to the outside of the space housing the MMC or Pharmacy. Fd fMParking. Any parking demand created by a MMC or Pharmacy shall not exceed the parking spaces located or allocated on site, as required by the City's parking regulations. An applicant shall be required to demonstrate that on -site tmffie vehicle circulation and parking attributable to the MMC or Pharmacy will be sufficient to accommodate traffic and parking demands generated by the MMC or Pharmacy, based upon a current traffic and parking study prepared by a certified professional. ()(g)_Requirement for indoor operation and prohibition on loitering. All MMCs and Pharmacies are prohibited from having or allowing -- here shall be no Outdoor seating areas, outdoor queues, or outdoor customer waiting areas. All activities of the MMC or Pharmacy including sales, display, preparations and storage shall be Page 4 of 9 Ordinance No. 41-19-2354 conducted entirely within an enclosed building. The MMC and Pharmacy shall not direct or encourage any patient or business invitee to stand, sit, gather, or loiter outside of the building where the MMC or Pharmacy operates, including in a parked car, in any parking areas, sidewalks, rights -of -way, or neighboring properties for any period of time longer than reasonably required for patients to -conduct their official business. The owner of the building housing the MMC or Pharmacy shall post conspicuous signs on all sides of the building stating that no loitering is allowed on the property. () lfi Prohibition of on -site consumption of marijuana. No consumption of medical marijuana shall be allowed on the premises of any MMC or Pharmacy that engages in any of the activities of an MMC, including in the parking areas, sidewalks, or rights -of -way. (g)Q Landlord responsibilities. (i) Any landlord, leasing agent, or owner of property upon which a MMC or Pharmacy that engages in any of the activities of an MMC operates, who knows, or in the exercise of reasonable care should know, that such a businessMMG is operating in violation of City Code or applicable law, including the rules and regulations promulgated by the state department of health, must take all reasonable measures to prevent, stop, or take reasonable steps to prevent the continued illegal activity on the leased premises. (ii) Landlords who lease space to such a MMC or Pharmacy must expressly incorporate language into the lease or rental agreement stating that failure to comply with City Code is a material non - curable breach of the lease and shall constitute grounds for termination of the lease and immediate eviction by the landlord ("termination clause"). It shall be a violation of this Section for a landlord to fail to incorporate such a termination clause in the tenant's lease and/or the failure to take reasonable steps to evict a tenant when the tenant is in violation of the City Code. The landlord shall pay a fine of $500 each day that the landlord fails to take reasonable steps to evict the tenant as required by this Section. If the landlord takes reasonable steps to evict the tenant but is unable to evict due to the landlord's failure to incorporate the termination clause, the landlord shall pay a fine of $500 per day for each day that the tenant is in violation of the City Code. (h)a,If a special use is, in the future, determined by the Director of Planning and Zoning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. (1c) Any person desiring to commence the operations of a Pharmacy or MMRC (the "Applicant") may apply to the City's Planning and Zoning Department for a reservation ("Reservation"). The Planning and Zoning Department shall issue the Reservation if the proposed use meets the spacing requirements of this Section. If any other person applies for a Reservation, such Reservation shall be limited to a location that is more than 1000 feet from a proposed use for which a Reservation has been issued. A Reservation shall expire if a building_ permit is not issued within 120 days from the date that the Reservation was issued, unless the Applicant demonstrates to the Planning and Zoning Department that the Applicant Page 5 of 9 Ordinance No. 41-19-2354 has been diligently engaged in the process of applying for a building permit and the Planning and Zoning Department extends the expiration date. However, in no event shall the Reservation be extended beyond 365 days from the date of issuance unless the City Commission extends the Reservation for good cause. In the event that the Applicant is denied an extension of time or a building permit, or denied any relief needed to obtain a building permit, and if the Applicant fails to take a timely appeal from such denial, the Reservation shall immediately expire on the date that the time for appeal expires. The Applicant shall have the right to appeal the denial of an extension of time. Such an appeal must be taken within the same time, in the same manner and to the same appellate body as an appeal from a decision of the Environmental Review and Preservation Board. Section 4: South Miami Land Development Code Article VII, "Hometown District Overlay Ordinance", Section 20-7.12 "Permitted and special uses, Special Exceptions, and parking requirements" is hereby amended to read as follows: 20-7.12 - Permitted and special uses and parking requirements. The uses below are applicable to both new and existing buildings in the Hometown District:. Unless marked with an asterisk, all uses are permitted bight. USE TYPE: Unadjusted Parking Requirements: 1 parking space required per: A. Storefront Uses Drinking Place 100 SF Drug, Sundry Store Not selling_ prescription drugs 300 SF Pharmacies and Medical Marijuana Retail Centers*** * 200 SF * Uses marked with an asterisk require a special use permit with city commission approval pursuant to 20-3.3(D) and 20-3.4(B). All � �d ofright. Outdo,.,. dinin ..itted of right in speeialffe approved areas (see Re.gul-efiffiNg Wan). ** plus 1 additional parking space required for every 10 units. *** Uses require a special exception permit approved by the City Commission pursuant to 20-7.51. In addition to the uses above, monumental civic building uses are encouraged in the Hometown District and in particular for certain strategically located sites. Civic building uses shall include, for example: City, county, state, or federal buildings, including library, post office, meeting hall, administrative offices, performance place, police substation, and Page 6 of 9 Ordinance No. 41-19-2354 similar uses. (D)--Planned Unit Developments shall not be permitted in the Hometown District. Section 5. South Miami Land Development Code Article VII, "Hometown District Overlay" is hereby amended by revising Section 20-7.51 (Special Exception) as follows: 20-7.51- Special exception. (A) The City Commission may, by special exception, waive strict compliance with the provisions of the Hometown District Overlay Ordinance [this article]. In granting a special exception, the Ceity Ceommission must find by substantial competent evidence that: (1) The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. (2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District, except as herein provided. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. (B) The Ceity Ceommission, in granting any special exception, may prescribe any reasonable conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve and promote the intent of the Hometown District Overlay Ordinance. (C) Special exceptions, if granted, shall be valid only for the specific design shown in the plans and exhibits submitted as part of the special exception application, as provided in Section 20-7.52 of this Code. All deviations from the requirements of the Hometown District Overlay Ordinance incorporated within Page 7 of 9 Ordinance No. 41-19-2354 and reflected on the site plan and exhibits shall be considered a part of the application. Approval of the site plan and exhibits by the CEity :commission shall constitute approval of the nonuse deviations identified on the site plan and exhibits unless the Ceity CEommission approves a motion to the contrary. No further individual or separate application for deviations approved by the Ceity Ceommission shall be required. If the applicant wishes to make material changes to the design subsequent to receiving a special exception, the applicant must apply for a new special exception following the procedure set forth herein. (D) Special exceptions, if granted, shall be valid if, new construction commences within eighteen (18) months from the date of final approval and is substantially completed within two (2) years from the date of issuance of the first building permit. The time for substantial completion may be extended by the Ceity CEommission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. (E) Drug, Pharmacy or Sundry Stores selling_ prescription drugs (Pharmacies) Medical Marijuana Retail Centers (MMRCs) maybe permitted after public hearing by Special Exception, upon satisfaction of the following criteria: (1) The criteria in section 20-7.51(A), (2) Pharmacies and MMRC shall meet the same distance requirements that are set forth in 20-3.4 (24), other than for the distances between two of the same uses, L e. two Pharmacies or two MMRCs. Pharmacies shall not be located within 500 feet of another Pharmacy, whether it is located in the Ci , or in another jurisdiction. MMRCs shall not be located within 500 feet of another MMRC whether it is located in the City or in another jurisdiction. This distance between two of the same uses shall be measured from nearest property line to nearest property line. (3) Hours of operation of Pharmacies and MMRCs shall be limited to any such requirements in State law, unless the Pharmacy engages in an of activities of an MMRC in which case the hours are as set forth in Section 20- 3.4(24). (4) Pharmacies and MMRCs shall operate in accordance with all other applicable State laws, including Florida Statutes Section 381.986, as may be amended. (5) Any person desiring to commence the operations of a Pharmacy or MMRC (the "Applicant") may apply to the City's Planning and Zoning Department for a reservation as set forth in Section 20-3.4(24)k) with the exception that the distance requirement between the same uses shall be 500 feet. Section 6. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final product for signature. Page 8 of 9 Ordinance No. 41-19-2354 Section 7. Codification. The provisions of this ordinance shall become and be made part of the Land Development Code of the City of South Miami as amended. Section 8. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. Section 9. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 10. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 3`d day of December 2019. ATTEST: APPROVED: City Merk Mayor 1" Reading — 11/19/2019 2Id Reading — 12/3/2019 READ AND APMOVED AS TO FORM: COMMISSION VOTE: 5-0 LANGUAG GMayor Stoddard: Yea Mayor Harris: Yea Commissioner Gil: Yea 7ECVice Commissioner Welsh: Yea Commissioner Liebman: Yea Paee 9 of 9 Agenda Item No:10. City Commission Agenda Item Report Meeting Date: December 3, 2019 Submitted by: Nkenga Payne Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending the Land Development Code, Article II, Section 20-2.3 "Definitions", Article III, Section 20-3.3(D) "Permitted Use Schedule" and Section 20-3.4 "Special Use Conditions", Article VII, Section 20-7.12(A) "Permitted and Special Uses and Parking Requirements" and Section 20-7.51 "Special Exception" concerning Medical Marijuana and Drug, Pharmacy, and Sundry store uses. 5/5 (City Attomey) Suggested Action: Attachments: Medical Marijuana LDC amendment JBP rev 102419CArev(2)as amended .docx MDBR Ad.pdf Miami Herald Ad MDBR Ad - 2019.12.03 meeting.pdf Miami Herald Ad - 2019.12.03 meeting.pdf MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami. wunm Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review fi Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARINGS -NOV. 19, 2019 in the XXXX Court. was published in said newspaper in the issues of 11/08/2019 Afflenl further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County. Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County. Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mad matter at the post once in Miami in said Miami -Dade County. Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and af8ant further says that he or she has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said /— Sworn d subscribed before me this a tla IJOVEV6ER, A.D. 2019, GUILLERMO GARCIA personally known to me BARBARATH061AS 3•'< Conn ission f♦ GG 121171 4 .`� Expires November 2, 2021 y,;,f,•,W 6eM114Tlvuiroy Fa in lnwrance 80031 60VTy OF '!ice V 3 m 927 1ca 1, 927 ORI CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings) at its regular City Commission meeting scheduled for Tuesday, November 19, 2019. beginning at 7:00 p.m., in the City Commission Chembers, 6130 Sunset Drive, to consider the following item(s): A Resolution approving and authorizing the City Manager to execute an Amendment to the 2018- 2021 Collective Bargaining Agreement (Lieutenants and Captains) between the Miami Dade County Police Benevolent Association ('PBA') and the City of South Miami end to the 2018-2021 Collective Bargaining Agreement (Police Officers and Sergeants) between the Florida State Lodge Fraternal Order of Police, Inc. ('FOP') and the City of South Miami. A resolution of the City of South Miami relating to the South Miami Community Redevelopment Agency (SMCRA); approving, attar public hearing, the proposed SMCRA Community Redevelopment Plan to extend the life of the SMCRA and expand its boundaries, subject to approval by the Miami -Dada County Board of County Commissioners; and requesting and recommending such approval. A Resolution relating to a Variance application to Increase the maximum building coverage requirement for a single-family residential building located at 5800-5820 SW 87 Street. AResolution relating to a Variance application to Increase the maximum impervious coverage requirement for a single-family residential building located at 5800-5820 SW 87 Street. A Resolution relating to a Variance application to reduce the mlrlmlum side street setback requirement for a single-family residential building located at 5800-5820 SW 87 Street. A Resolution relating to a Variance application to reduce the minimum cumulative yard setback requirement for a single-family residential building located at 5800-5820 SW 87 Street A Resolution relating to a Variance application to reduce the minimum setback requirement for concrete slabs for a single-family, residential building located at 5800-5820 SW 87 Street. A Resolution relating to a Variance application to increase the physical barrier height limit for a single-family residential building located at 5800-5820 SW 87 Street. 11 ZL MOSLE900002 L L-6 L 8/L L paseq eq of s! !eadds aql 4o!4m uodn aouep!na pue Auow!1sa1 agl sapnpu! piooei 4314m epees sl s6u!Peaomd a4l;o pjooal wgeq,an u 1e41 ensue of Wu hew uoswd paloalle 'esodmd guns ml legL Pug's6u!paaamd e41 to pioo a paau Slm aqs uo aq 'buma4 J0 6upaaw so. 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LS'L-OZ uogoaS Pug .slmwwinbalj 6upped Pug sas(1 !e!oadS Pug Pal4uuad. (V)N'l-OZ uo!loaS 'IIA a!opry ',suaupuoo asn R!oodS. 4B-OZ uo.qoeS pue .olnpNoS asn PelY.uuad. (le£-6Z vopoeS'lu a!a!IJV'„auo!puM. £•Z-OZ uo!MS '11 apgiy'apoo luawdolena0 Peel 641 6u!puewe aoueu!pio uy M T_ u MV �009 t0t0" I NEIGHBORS I I 31SE ua'iy y �4Rap CITY OF SOUTH MIANII NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, November 19, 2019, beginning at 7.00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(0 A Resolution approving and authorizing the City Manager to execute an Amendment to the 2018- 2021 Collective Bargaining Agreement (Lieutenants and Captains) between the Miami Dade County Police Benevolent Association ("PBA") and the City of South Miami and to the 2018-2021 Collective Bargaining Agreement (Police Officers and Sergeants) between the Florida State Lodge Fraternal Order of Police, Inc. ("FOP") and the City of South Miam I. A resolution of the City of South Miami relating to the South Miami Community Redevelopment Agency (SMCRA); approving, after public hearing, the proposed SMCRA Community Redevelopment Plan to extend the life of the SMCRA and expand its boundaries, subject to approval by the Miami -Dade County Board of County Commissioners; and requesting and recommending such approval. A Resolution relating to a Variance application to increase the maximum building coverage requirement for a single-family residential building located at 58C0-5820 SW 87 Street. A Resolution relating to a Variance application to increase the maximum impervious coverage requirement for a single-family residential building located at 5800-5820 SW 87 Street. A Resolution relating to a Variance application to reduce [lie minimum side street setback requirement for a single-family residential building located at 58MS820 SW 87 Street. A Resolution relating to a Variance application to reduce the minimum cumulative yard setback requirement for a single-family residential building located at 5800-5820 SW 87 Street. A Resolution relating to a Variance application to reduce the minimum setback requirement for concrete slabs for a single -fancily residential building located at 5800-5820 SW 87 Street. A Resolution relating to a Variance application to increase the physical barrier height limit for a single-family residential building located at 5800-5820 SW 81 Street. An Ordinance amending the Land Development Code, Article II, Section 20-2.3 `Definitions", Article III, Section 20-3.3(D) "Permitted Use Schedule" and Section 20-3A "Special Use Conditions", Article W. Section 20-7.12(A) "Permitted and Special Uses and Parking Requirements" and Section 20-ZS1 "Special Exception" concerning Medical Marijuana and Drug, Pharmacy, and Sundry store uses. An Ordinance amending the following sections of the Land Development Code: Section 20-2.3 Definitions, Section 20-3.3(D) Permitted Use Schedule, and Section 20-3A Special use conditions; all concerning uses that include Beauty/Barber Shop, Personal Skills Instruction Studio, Photographic Studio and Physical Filncss Facility. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida amending the City of South Miami police officers retirement trust fund. Chapter 16, Article iiI of the City's Code of Ordinances, which includes provisions to improve readability of the plan document; providing fora five: -member board of trustees in accordance with Chapter 185 Florida Statutes; and providing for internal revenue code compliance. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing. he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a •xrbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. i MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami. MiemFDede County. Florlde STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review fAda Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Mlami-Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARINGS - DEC. 3. 2019 in the XXXX Court, was published in said newspaper In the issues of 11/22/2019 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in saitl Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class, mail matter at the post office, in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said GUILLERMO GARCIA personally known to me BARBARATHOMAS Cmmr4ission#GG 121171 - Expires November 2, 2021 -•`• °N Randall Thm Troy Fain Insurance SDO 36-7019 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(e) at his regular City Commission meeting scheduled for Tuesday, December 3, 2019, beginning at 7:00 p.m, in the City Commission Chambers, 6130 Sunset Drive, to consider the following fterl An Ordinance amending the Land Development Code, Article 11, Section 20-2.3 'Definitions", Article III, Section 20-3.3(D) 'Permitted Use Schedule" and Section 20-3.4 'Special Use Conditions', Anicle VII, Section 20-7.12(A) "Permitted and Special Uses and Parking Requirements' and Section 20-7.51 "Special Exception' concerning Medical Manjusna and Drug, Pharmacy, and Sundry store uses. An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks impact fees. An Ordinance amending the South Miami Pension Plan to Implement the Collective Bargaining Agreement Between the City of South Miami and the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc.: by Amending Section 16-14, 'Pension benefits and retirement date' by Changing ,the Normal and Early Retirement Eligibility Dates for Police Otficers; by amending Section 16-26, "Reserved" to now be tilted 'Use of Chapter 185 Funds'; Providing for Severability; Providing for Inclusion in the Code; Providing for a Repealer, and Providing for an Effective Date. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.10 to authorize the City Commission to waive, from time to time, the permitting requirements to hold a garage sale in the RS-Single Family Residential Districts and the FT -Townhouse Districts. ALL interested parties are Invited to attend and will be heard. For further information, please contact the City Clerk's Office at 305- 663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, aff acted person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal Is to be based 11122 19-62/0000440088M ILA AIIAM111HAI o"off.. 11 9 I NEIGHBORS I I' E i Various Types of Coffee Smoothies • Salads • Breakfast Past • Various Paninis Pizza Pima •Fine Sweets Cakes for every occasion li.ATIN AMERICAN & Go e m S.W. 57 Arame, Miami Ph: 885-2115-21105 fheFNae BREADS: Cuban Bread Wheal Cuban Bread Croissants• Crackers Palitroques MOT BREAKFAST SERVED UNTIL NOON, Scrambled Eggs or Fried with Potatoes. Ham9Q Bacon or Sausage. Toast and Cafe con Leche T• oust SPECIALyy, Creme br"see Monday thru Thursday: 6am-10pm Friday: 6am-12m • Saturday: 7am-12m Sunday: Sam-9pm Ruin gaa"lars LATIN AMERICAN CAFETERIA -RESTAURANT Best Cuban Food In Town i• Enjoy Our Daily Chef Specials We Cater Parties Size Not A Problem We are Open JW 7am to Midnight • Seven Days a Week We Can Serve You Inside and Outside 898 SW 57 Avenue 305.267.9995 aalor Credit Card, &ceptrd Including musecaN CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, December 3, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance amending the Land Development Code, Article H, Section 20-2.3 "Definitions", Article III, Section 20-3.3(D) "Permitted Use Schedule" and Section 20-3.4 "Special Use Conditions", Article VII, Section 20-7.12(A) "Permitted and Special Uses and Parking Requirements" and Section 20-7.51 "Special Exception" concerning Medical Marijuana and Drug, Pharmacy, and Sundry store uses. An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks impact fees. An Ordinance amending the South Miami Pension Plan to Implement the Collective Bargaining Agreement Between the City of South Miami and the Florida State Lodge, Fraternal Order of Police, Inc., and the Dade County Police Benevolent Association, Inc.; by Amending Section 16-14, "Pension benefits and retirement date" by Changing the Normal and Early Retirement Eligibility Dates for Police Officers; by amending Section 16-26, "Reserved" to now be titled "Use of Chapter 185 Funds", Providing for Severability; Providing for Inclusion in the Code; Providing for a Repealer; and Providing for an Effective Date. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section 20-4.10 to authorize the City Commission to waive, from time to time, the permitting requirements to hold a garage sale in the RS-Single Family Residential Districts and the RT-Townhouse Districts. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Nkenga A. Payne, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any nlmter considered at its meeting or hearing, he or she will need a record of the proceedings, and Nat for such purpose, affected person may need to creme that a verbatim record of the proceedings is 15 nude which record includes the Ialimony and evidence upon which the appeal is to be based.