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Ord No 23-20-2377ORDINANCE NO.23-20-2377 An Ordinance amending the City of South Miami Land Development Code, Article V, titled "PROCEDURES AND APPLICATIONS", Section. 20-5.16, titled "Unity of title submittal and procedures." WHEREAS, the City of South Miami Land Development Code requires that a Unity of Title be recorded in certain circumstances and requires the approval of the City Commission; and WHEREAS, there are occasions when a property owner desires to unify property for reasons other than as required by the Land Development Code, such as obtaining insurance or repairing a septic tank; and WHEREAS, the process for obtaining City Commission approval is expensive and time consuming; and WHEREAS, the City desires to amend Section. 20-5.16 of the Land Development Code to remove the requirement of that a Unity of Title be approved by the City Commission but retain the requirement that it may not be released without Commission approval. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH NIIANII, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Article V. titled "PROCEDURES AND APPLICATIONS", Section. 20-5.16, titled "Unity of title submittal and procedures.", of the City of South Miami's Land Development Code is hereby amended and shall read as follows: 20-5.16 —Unity of title submittal and procedures. A Unity of Title, as defined in Section 20-2.3, shall be required as specified below and shall be a prerequisite to the issuance of a building permit. (A) Required. A Unnity of Tfitle shall be is required in the following cases: 1. Whenever the building site consists of more than one lot or parcel and the main building is located on one lot or parcel and auxiliary or accessory use buildings are located on the remaining lot or parcel comprising the building site. 2. Whenever the building site consists of more than one lot or parcel and the main building is located on one or more of the lots or parcels and the Page 1 of 3 Ordinance No. 23-20-2377 remaining lots or parcels encompassing the building site are required to meet the muiimum zoning requirements. 3. Whenever a Uunity of Ttitle is required by a provision within this Code or is specifically required by an ordinance or resolution passed and adopted by the Ceity Ceommission. (B) Submittal. A Uunity of Ttitle sill -must be submitted to the planning and zoning department if the unification is required by the Land Development Code. (C) Approval. Anee—e The Uunity of Ttitle must be hm been -approved by — the —e eemmissieB, it by the Ceity Aettorney as to form and content if the unification is required by the Land Development Code. The City Attorney may review and approve a Unity of Title when requested by a land owner provided the owner pays for cost recovery of such service. (D) Recording. A Whenever a Uunity of Ttitle is Mguired by this Section, it shall must be recorded in the public records of Miami -Dade County prior to the issuance of any building permit for the properties required to be unified. The Uenity of Ttitle slA must run with the land and sly must be binding upon the property owner, his/her successors and assigns. The owner shall must the fee as required for recording a Uunity of Ttitle in the public records of Miami - Dade County. (E) Release. Any Uunity of Ttitle required by this Ssection shA knot be released except upon approval by resolution passed and adopted by the Ceity Ceommission, after a public hearing, and executed by the Ceity Manager and the Ceity Celerk. The release of the Uenity of Ttitle is contingent upon a cessation of the conditions and/or criteria which originally required the execution of the subject Uunity of Ttitle. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance. Section 4. Codification. The provisions of this ordinance shall become and be made part of the City of South Miami Land Development Code as amended; that the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 5. 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 6. 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. Page 2 of 3 Ordinance No. 23-20-2377 Section 7. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 2151 day of July. 2020. ATTEST: I' Reading — 7/7/20 2nd Reading — 7/21/20 READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTJ N THE F QF-� CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 3 of 3 Agenda Item No:14. City Commission Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Thomas Pepe Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: An Ordinance amending the City of South Miami Land Development Code, Article V, titled "PROCEDURES AND APPLICATIONS", Section. 20-5.16, titled "Unity of title submittal and procedures." 3/5 (City Attorney) Suggested Action: Attachments: Ord_amending_20-5.16_UnityofTitle CArev (2).dot MDBR Ad.pdf Miami Herald Ad.pdf MIAMI DAILY BUSINESS REVIEW Published Lady exc Irl SalurdaV. Suaaay and Legal Holidays Mlari Miami -Dade County. Florida STATE OF FLORIDA COUNTY OF MIAM143ADE: Before the undersigned authonty 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 f#Ja Miami Review. a daily (except Saturday. Sunday and Legal Holidays) newspaper. published at Miami in Miami -Dada County. Florida. that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI- VIRTUAL MEETING OF THE CITY COMMISSION - JUL. 21, 2020 in the XXXX Court. was published in said newspaper in the issues of 07/10/2020 Afhant 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 mail matter at the post once in Miami in said Miami -Dade County. Florida. for period of one year next preceding the first publication of the attached copy of advertisement: and af6ant further says that he or she has neither paid nor promised any person. firm or corporalion any discount. rebale, commission or refund for the purpose of securing this advertisement for pubficauon in the said newspaper. Swom to and subscribed before me this 10 Day of JULYl, A.0. 2020 (SEAL) GUILLERMO GARCIA personaltyty kn con to me a �.•';y .. CHRi. Tlf,il LVRN RAVIX COmrnissicn i; GG 277771 i Expires h;Oeec .r 19, 2027 Fai lnsuram e:?36S7G1i SOUT6 0 4s a F � i U 927 1mc. azv r• �<OR10 CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE CITY COMMISSION In accordance with City of South Miami Code, Chapter 286.011, Fla Start, and Executive Order Number 20-69, the City will be holding its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, 211 202(lat 7c00 o.m. to consider the following public hearing items: A Resolution relating to a Variance application to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Variance application to reduce the elementary, middle or secondary school spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Variance application to allow a drive-in/drive- through for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Special Use application to permit a Pharmacy at 6420 SW 62 Avenue. A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing a question an the ballot for the Tuesday, November 3, 2D20, national elections, to amend the City Charter, Article 11, SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary to make land use and development regulations less restrictive, throughout the City, from 5 to 4 votes. A Resolution of the Mayor and City Commission for the City of South Kernel, Florida, placing a question on the ballot for the Tuesday, November 3, 2D20, national elections, to amend the City Charter, Article V, SECTION 2, titled "General Elections' Subsection A. titled "Time" to change the City's general election from February to the same time as the national_ elections In November. An Ordinance related to the fee schedule; amending Ordinance W20-2363 to revise descriptive language, to add new fees, and to delete fees related to various programs, rentals and memberships. An Ordinance establishing a moratorium on the payment of outdoor seating fees pursuant for both new and existing outdoor seating applications until a date certain. 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July 21, 2020 at 7.00 o.m. to confider the following public hearing hems A Reactances relating to a Variance application to reduce the AS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Variance application to reduce the elementary, middle or secondary school spacing requirement for a Pharmacy located at 642D SW 62 Avenue. A Resolutix relating to a Variance application to allow a drive-In/drive-through for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Special Use application to permit aPharmacy at 6420 SW 62 Avenue. A Reactance of the Mayor and City Commission for Ne City of South Miami, Florida, placing a question on the ballot for the Tuesday, November 3, 2020, national election., to amend the City Charter, Article 11, SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary to make land use and development regulations lase restrictive, throughout the City, from 5 to 4 votes. A Resell of the Mayor and City Commission for the City of South Miami, Florida, placing a coastline on the ballot for the Tuesday, November 3, 2020, national elections, to amend Ow City Charter, Article V, SECTION 2, titled "General Elections" Subsection A. titled-Time•'to change the City's general election from February to the same time as the national elections In November. An Ordinance related to the fee schedule; amending Ordinance 09-20-2363 to revlse descriptive language, to add new fees, and to delete fees related to various programs, rentals and memberships. An Ordinsnce establishing a moratorium an the payment of outdoor seating fees pursuant for both new and existing outdoor seating applications until a date certain. An Ordinance amending the City of South Miami Land Development Code, Article V. tilled `PROCEDURES AND APPLICATIONS", Section. 20-5.16, titled 'Unity of title aubmmal and imesdre.:' An Ordinance amending the City of South Miami Code of Ordinances, Chapter 16, titled "PENSIONS", Article 11, titled "CITY PENSION PLAN", Section. 16.20., tilled "Board of Tr st..a.' The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate by video cordmencing through the Zoom platform and members, of the Public may Icin the meeting As Zoom at (httnsa/mom.us/i/30566363381 and participate. If you desire to present evidence or you are unable to use Zoom, there we procedures to follow and other option. available Including a docketed phone line to listen and participate In the meeting and Intend while anendace, all of which is set forth In the meeting notice posted at City Hall and at n Ihmi mifi. / 0/P li M tin N . Anyone who wishes to review pending app+Icallon and supporting documentation In person must make an appointment by calling 305663-6340. Paz. nm< x owemor o<sambe Ea..u,..,de, Nw,be 2oe0 eU .. we ,.b.-on. of amean I66,015, .. ears 1" be pe.w! In be-1. and WI "beat gave. a<dy m.<I el . me Afe cow; clew.. 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Payne, CMG City Clark SUNDAY IDLY 122020 NAMMERALDLOM MUSEUMS Frost Science Museum's new exhibit now open, and it's permanent BY COME OGLE oxfol mumihmaldwm This is a tough summer. Restaurants in Miami -Dade are limited to outdoor din- ing amid the COVID-19 epidemic, and movie thea- ters and other entertain- ment venues are closed. But if you're looking for Idd- riendly entertainment in a place with no humidity, and nary a mosquito, Frost Science Museum has you covered. The Phillip and Patricia Frost Museum of Science in Miami opened its new permanent exhibit last weekend. Titled "Power of Science" and the first new permanent exhibit since the musem opened three years ago, the exhibit dis- plays the potential of sci- ence using new technology, completely ransfomting the Ocean Gallery space on the museum's ground Boor. Also, there is air condi- tioning. Do you need to know more? Yes? OR: Developed in a partnership with the Uni- versity of Miami, "Power of Science" offers interactive exhibits and rare speci- mens in four areas: Our Oceans, Our Environment, Our Bodies and Our Uni- verse. Speaking of oceans, giant grouper scans can have a blast at the museum, too. Here are some of the other exhibits on display: "Worlds Beyond Earth": The new Frost Planetarium show opens today and is narrated by Oscar winner Lupita Nyong'o. aft. Str n.-4"ry -SHARKS: On Assignment with Brian Skerry- open at Museum through August 9. KNn MATE N,.I.evpwFk C. A green -crowned brilliant hummingbird and a green pit viper look eye to eye. The snake hangs delicately from a branch as the hummingbird hovers midair in attack. The showdown captures an eternal dance between predator and prey. "Rarely Seen": The new National Geographic photo show runs through Sept. 7. "Goliah Grouper Aquarium Exhibit: Lem about a really big fish — really big and the role it plays in Florida's ecosys- tem. "Sharks: On Assign- ment with Brian Skerry": More National Geographic photos from award -winning photographer Brian Skemy (through Aug. 9). "Solar System St ll - yond": Checkout the museum's north wing for this journey through the solar system. Yeah, we kinda wish we were out there right about now, too. For admission to mu- seum, you must have a reservation and ticket for a specific time. PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE Where: 1101 Biscayne Blvd., Miami Hours: 9:30 a.m.-6 p.m. "Power of Science" exhibit opens: Friday Admission:$22 for adults and children 3 and up; kids under 2 and mem- bers free. Must reserve a ticket online at hups://6vww.fmstscience.org/ plan -your -day/ Connie Ogle: 305-376-3649, @Ogle Connie