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8Agenda Item No:8. City Commission Agenda Item Report Meeting Date: December 1, 2020 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code modifying Article VIII, Section 20-8.3 regarding the Transit-Oriented Development District Mixed-Use Market (TODD (MU-M)). 4/5 (Vice Mayor Welsh) Suggested Action: Approval Attachments: ORD_AmendingTODD_MU-M_CArev(2).docx PB-20-023 Draft PB Regular Meeting Minutes Excerpt - 11-10-2020.docx Miami Herald Ad.pdf MDBR Ad.pdf 1 ORDINANCE NO. ____________1 2 An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of 3 South Miami Land Development Code modifying Article VIII, Section 20-8.3 regarding 4 the Transit-Oriented Development District Mixed-Use Market (TODD MU-M).5 6 WHEREAS, the City Commission adopted Ordinance No. 17-20-2371 on June 2, 2020 amending 7 Article VIII of the Land Development Code (LDC) and creating a new zoning category, Transit-Oriented 8 Development District Mixed-Use Market (TODD (MU-M)) as requested by 5850 SW 73 Street LLC (the 9 “Applicant”); and10 11 WHEREAS, the provisions adopted for the TODD (MU-M) included a requirement that 12 development in this district have adequate space to attract a full-service grocery store; and 13 14 WHEREAS, the LDC also provided that, if a grocery store vacant for more than two years or not 15 feasible, then ten percent of the residential units above the second floor must qualify as Affordable 16 Housing; and17 18 WHEREAS, Section 20-8.3(h) of the regulations also required that the grocery store lease be for a 19 term of thirty (30) years; and 20 21 WHEREAS, the Applicant has proposed modifying Section 20-8.3(h) by reducing the initial lease 22 term to twenty (20) years with at least two (2) lease extension periods of five (5) years each; and23 24 WHEREAS, on November 10, 2020, the Planning Board reviewed the request, held a duly 25 advertised public hearing, and voted 7 to 0 to recommend approval of the proposed amendments.26 27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 28 SOUTH MIAMI, FLORIDA AS FOLLOWS:29 30 Section 1.The foregoing recitals are hereby ratified and incorporated by reference as if fully set 31 forth herein and as the legislative intent of this Ordinance.32 Section 2. Section 20-8.3 of the City’s Land Development Code is hereby amended to read as 33 follows:34 35 20-8.3 - Creation of TODD sub-categories.36 (A)For purpose of recognizing the existing patterns of land use, the need to encourage a logical mix of 37 land uses, and the need to promote a higher density of uses together with practical development bonus 38 opportunities, the following subcategories (zones) are hereby created:39 ***40 (4)“TODD (MU-M)” Mixed-Use Market. All development in this district must have adequate grocery 41 store space to attract a full service grocery store and a minimum of 20,000 square feet, exclusive of 42 back of house, loading area and common areas of the building, of ground floor devoted exclusively to a 43 grocery store (Grocery Store Space). If the Grocery Store Space is vacant for more than 2 years or if a 44 grocery store is not feasible as determined in paragraph (f), 10% of the dwelling units above the second 45 floor must be Affordable Housing of which one half (1/2) must be set aside for Low income and Very 46 2 Low Income Individuals and families and one half (1/2) must be set aside for Moderate Income 47 Individuals and Families.48 (a)If the owner decides to develop Affordable Housing, in lieu of Grocery Store Space, or if the 49 Grocery Store Space remains vacant for more than 2 years, or if a grocery store is not feasible as 50 defined in paragraph (f), the owner must record a covenant running with the land, in form and 51 substance approved by the City Attorney and City Manager, executed by the owner and binding 52 upon the property owner, as well as all successors in interest and assigns, which complies with 53 the Affordable Housing requirements of Section 20-4.9. In the event of a conflict between the 54 provisions of Section 20-4.9 and this Section, then the requirements of this Section shall prevail. 55 In addition, 10% of all available units must be made available to Affordable Housing tenants and 56 evenly made available among Very Low-Income Tenants, Low-Income Tenants and Moderate-57 Income Tenants to the greatest extent practicable. However, if after 30 days of advertising the 58 units as Affordable Housing,59 (1) There are insufficient qualified applicants to fill the Very Low-Income quota for all the 60 different types of units set aside for Very Low-Income Tenants, those units may be rented 61 to Low-Income Tenants; and 62 (2) if after 30 days of advertising t There are insufficient qualified applicants to fill the Low-63 Income quota, the Owner may rent such unit to a qualified Moderate-Income Tenant.64 (3) The Owner shall keep an updated inventory of all available types of units (“Inventory 65 Application Form”) which shall be presented to all residential rental applicants and the 66 inventory shall be signed by the applicant to indicate the units made available and the unit 67 chosen by the applicant. These signed inventory sheets shall be kept and maintained as a public 68 record subject to inspection, but such records shall not be released without the appropriate 69 redaction of exempt and/or confidential information. Owner will publicize openings in the 70 Affordable Housing Residential Rental Units in a newspaper of general circulation including The 71 Miami Herald and El Nuevo Herald, as well as in The Miami Times, and Community Newspaper 72 -South Miami Edition.73 (b)The term “grocery store”, for the purposes of this subcategory, means a store retailing a general 74 line of food and non-food grocery products, including dairy, canned and frozen foods, fresh fruits and 75 vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and 76 utilization.77 (c)Parking and Loading.78 (1)A minimum of 3.0 parking spaces for every 1,000 square feetof gross Grocery Store Space must 79 be provided and reserved for grocery store patrons.80 81 (2)A development with Grocery Store Space shall be designed to include an internalized loading 82 space for truck delivery and provides for a sufficient turning radius for delivery trucks given the size 83 and the constraints of the abutting street.84 85 (3)Paragraphs (1) and (2) shall take precedent over other provisions in the TODD and Hometown 86 District Overlay concerning parking.87 88 (4)The owner must execute a parking enforcement covenant running with the land approved by 89 the City Attorney as to form and substance which shall remain in full force and effect for so long as 90 the property is required, by this Subsection, to have a grocery store use. The covenant must provide 91 for City enforcement of the parking requirement of paragraph (c)(1) above.92 (d)All garbage and trash containers must be maintained inside the building envelope.93 3 (e)No use, other than a grocery store is allowed in the Grocery Store Space and until it is occupied by 94 a grocery store it must remain vacant. However, the Grocery Store Space may be used for other 95 commercial uses if:96 (1)the owner can prove to a super majority of the City Commission by competent substantial 97 evidence at a public hearing that such use is not feasible as defined in paragraph (f); and98 (2)the owner converts ten percent (10%) of its residential units above the second floor to 99 Affordable Housing as defined in 20-2.3, as the existing leases expire, and records Affordable Housing 100 covenant in accordance with 20-4.9 for such units.101 (f)A grocery store use, for the purposes of this paragraph, is not feasible if:102 (1)the Owner has used its best efforts to locate a grocery store; and103 (2)no grocery store owner is ready, willing and able to lease the Grocery Store Space for a 104 competitive grocery store rental105 (g)The Owner may not convert any of the residential units to owner occupied units (Converted Units) 106 unless the Owner has developed Grocery Store Space and has a minimum 30 year lease with a grocery store, 107 which term includes any options of the store to renew the lease, or executes and records in the land records 108 for Miami-Dade County a covenant running with the land, approved by the City Attorney as to form and 109 substance, that requires the owner to110 (1)set aside 10% (Set Aside) of those Converted Units for sale to qualified Affordable Housing 111 buyers (Qualified Buyer). A Qualified Buyer is someone who meets the requirements for a Miami-112 Dade County homebuyer loan program for Very-low Income, Low Income or Moderate-Income 113 individuals and families as it existed on June 2, 2020, or as amended.114 (2)restrict the conveyance of the Set Aside Converted Units to only Qualified Buyers; and115 (3)include a deed restriction in the conveyance of Set Aside Converted Units that116 (i)prohibits the reconveyance of said unit for 15 years, other than to another Qualified 117 Buyer; and118 (ii)requires, in the event of a foreclosure sale or the execution of a deed in lieu of 119 foreclosure by a Qualified Buyer (hereinafter referred to as “Foreclosure Sale”) and to the 120 extent of any Qualified Buyer’s equity in the Set Aside Converted Unit, the repayment of any 121 grant, gift or other subsidy from a governmental entity used to pay for any of the closing costs, 122 down payment or equity in the property (Government Subsidy). In the event of a Foreclosure 123 Sale, so much of any excess proceeds that would otherwise be owed to the Qualified Buyer 124 after the mortgage has been satisfied and any foreclosure judgment has been paid in full from 125 the sale of the property or by agreement with the mortgagee, must be paid back to the 126 governmental entity that provided the Government Subsidy until the subsidy is repaid in full. 127 Nothing contained herein shall prevent Qualified Buyers from recovering their equity in the 128 property that exceeds the Government Subsidy.129 (h) Grocery Store Lease Exception: The affordable housing provisions of these MU-M district regulations 130 shall not apply if the owner and/or the developer: (1) presents the City Manager with a duly 131 executed lease in recordable form with an initial lease term of twenty (20) years and providing at 132 4 least two (2) lease extension periods of five (5) years each for the operation of a Grocery Store; (2) 133 obtains a Certificate of Occupancy for the Grocery Store; and (3) obtains from the City a local 134 business tax receipt. For clarity and for the avoidance of doubt, once the owner developer satisfies 135 conditions (1), (2), and (3) in the immediately preceding sentence, no affordable housing 136 requirement of this or any other provisions of the City’s Code or land development regulations shall 137 thereafter attach to the property. In the event of a conflict between any regulation and this 138 paragraph (h), the provisions of this paragraph (h) shall prevail.139 Section 3. Corrections.Conforming language or technical scrivener-type corrections may be 140 made by the City Attorney for any conforming amendments to be incorporated into the final ordinance.141 142 Section 4.Codification. The provisions of this Ordinance willbecome and be made part of the City 143 of South Miami’s Land Development Code, as amended.144 145 Section 5. Severability.If any section, clause, sentence, or phrase of this Ordinance is for any 146 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding will not affect the 147 validity of the remaining portions of this Ordinance or the Guidelines adopted hereunder.148 149 Section 6. Ordinance in Conflict.All ordinances or parts of ordinances and all sections and parts 150 of section of ordinances in direct conflict herewith are hereby repealed.151 152 Section 7. Effective Date.This Ordinance will become effective upon enactment.153 154 PASSED AND ENACTED this _____ day of _________, 2020.155 156 ATTEST:APPROVED:157 158 159 ______________________________160 CITY CLERK MAYOR161 1st Reading: 162 2nd Reading: 163 164 READ AND APPROVED AS TO FORM:COMMISSION VOTE:165 LANGUAGE, LEGALITY AND Mayor Philips:166 EXECUTION THEREOF Vice Mayor Welsh:167 Commissioner Gil:168 Commissioner Harris:169 _______________Commissioner Liebman:170 CITY ATTORNEY171 172 5 1 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, November 10, 2020 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions.The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city’s website (www.southmiamifl.gov). I.Call to Order Action: Ms. Ruiz called the meeting to order at 7:01 P.M. Mr. Pepe provided the Board and public with the rules for the meeting. II.Roll Call Board Members Present Constituting a Quorum:Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller (Vice-Chairperson), Mr. Lee Jacobs, Mr. Orlando Borges, Mr. Brian Corey, Mr. Bruce Baldwinand Ms. Lisa Bonich. Board Members Absent:None. City Staff Present:Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent:None. City Attorney:Mr. Thomas Pepe. III. Administrative Matters 6 2 Ms. Tompkins informed the Board that Miami-Dade County will be holding an information meeting about the Ludlam Trail on Thursday, November 19, 2020 via Zoom. She then let the Board know where the information on the meeting could be found. IV. Public Hearings: Mr. Pepe provided the Board and the public with the procedures for the public hearing portion of the meeting. 1.PB-20-023 Applicant:The City of South Miami An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code modifying Article VIII, Section 20-8.3 regarding the Transit- Oriented Development District Mixed-Use Market (TODD (MU-M)). Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning and Zoning Director) Ms. Ruiz read PB‐20-023 into the record. Ms. Ruiz asked Ms. Tompkins who will be presenting the item to the Board, to whichMs. Tompkins stated that she would be presenting the item. Ms. Tompkins presented the item request to the Board. Mr. Pepe stated that Paragraph A of Subsection 4 of Section 20-8.3 of the Land Development Code (LDC) appears to be in conflict with the following language: (a)If the owner decides to develop Affordable Housing, in lieu of Grocery Store Space, or if the Grocery Store Space remains vacant for more than 2 years, or if a grocery store is not feasible as defined in paragraph (f), the owner must record a covenant running with the land, in form and substance approved by the City Attorney and City Manager, executed by the owner and binding upon the property owner, as well as all successors in interest and assigns, which complies with the Affordable Housing requirements of Section 20-4.9. In the event of a conflict between the provisions of Section 20-4.9 and this Section, then the requirements of this Section shall prevail. In addition, 10% of all available units must be made available to Affordable Housing tenants and evenly made available among Very Low-Income Tenants, Low-Income Tenants and Moderate-Income Tenants to the greatest extent practicable. However, if after 30 days of advertising the units as Affordable Housing, Furthermore, Mr. Pepe pointed out that the proposed Sub Paragraph h states the following: Grocery Store Lease Exception: The affordable housing provisions of these MU- M district regulations shall not apply if the owner and/or the developer: (1) presents the City Manager with a duly executed lease in recordable form with an initial lease term of twenty (20) years and providing at least two (2) lease 7 3 extension periods of five (5) years each for the operation of a Grocery Store; (2) obtains a Certificate of Occupancy for the Grocery Store; and (3) obtains from the City a local business tax receipt. For clarity and for the avoidance of doubt, once the owner developer satisfies conditions (1), (2), and (3) in the immediately preceding sentence, no affordable housing requirement of this or any other provisions of the City’s Code or land development regulations shall thereafter attach to the property. In the event of a conflict between any regulation and this paragraph (h), the provisions of this paragraph (h) shall prevail. Mr. Pepe then stated that if the conditions 1, 2, and 3 of subparagraph h are met, then the property owner could start a grocery store and then have it vacant for 2 or more years without any of the conditions in paragraph A coming into effect. Ms. Ruiz asked if the Board could state that they don’t want to decide on a specific item and send items back to the legal department for further review. Mr. Pepe stated that the Board could make a recommendation and send it back to the City Commission for review. Ms. Bonich asked if the information regarding low income was in the draft regulations when the Board originally reviewed the item, to which Mr. Pepe stated that yes. the only language that wasn’t in the regulation was subparagraph h. Ms. Tompkins added that the language was added between the review by the Planning Board and the review by the City Commission. Ms. Bonich then asked if the property owner puts the grocery store and it doesn’t work out, they won’t be required to provide affordable housing, to which Mr. Pepe stated yes. Mr. Miller asked why the Board has regulations in front of them that hasn’t been ironed out by City staff. Ms. Tompkins responded that because Mr. Jeffery Bass is the author of the draft ordinance, it would be best if he answer that question. Mr. Jacobs stated that he has an issue with the draft ordinance. He stated that the removal of the language for low income individuals is treating those individuals as if they were less than human. Ms. Ruiz then let Mr. Jeffery Bass speak to the Board. Mr. Bass represents the owner of the Winn Dixie property (5850 SW 73 Street) and has offices at 46 SW 1st Street. Mr. Bass gave an explanation to the Board as to why the draft ordinance came about. He then provided the Board with possible recommendations on the item. The Chairperson opened the floor to public comments on PB-20-023. None The Chairperson opened the floor to public comments on PB-20-023. Mr. Borges stated that he disagrees with Mr. Jacobs on the character of Mr. Bass. He also encouraged the Board to support Vice Mayor Welsh on the item. Mr. Miller asked if staff is recommending that this item be approved as written. Ms. Tompkins responded that staff understands Mr. Pepe’s concerns and believes that all parties involved are quite capable of working through the issues at hand before the next City Commission meeting. 8 4 Ms. Ruiz stated that based on what was presented by Mr. Bass, the Board has the ability to recommend approval of the item without subsection A. She then stated that the Boards’ decision is only a recommendation, not the final decision. Mr. Pepe stated that subparagraph A is needed. The conflict comes up where the draft ordinance talks about a grocery store that remains vacant for more than two (2) years. If subparagraph A is removed, the owner won’t be required to put in any affordable housing. Mr. Pepe then recommended that the following wording from the draft ordinance be removed because it is creating a conflict: “…or if the grocery store space remains vacant for two (2) years” Ms. Ruiz asked Mr. Bass if there would be any issues with the removal of the recommended language. Mr. Bass responded that if the board recommends that the language be removed, then he would like to reserve his right to look at it within the context of the whole LDC to make sure that there aren’t any unintended consequence. He then directed the Board towards subparagraph h which has provision that states that when you are in the respective subparagraph, there is no conflict because nothing else applies. He then stated that the language was drafted as narrowly as possible and still serve its intended purpose. Mr. Jacobs stated that it seems that the banks are having an effect on the City LDC, they won’t lend money for a project that has an affordable housing component. Mr. Miller stated that banks lend money for affordable housing all the time. The Board then held a brief discussion on the subject. Mr. Corey asked how the Board responds to something that the Board already approved but then comes back for review with contingencies that weren’t there before. He also asked what it means when the Board talks about affordable housing. Ms. Tompkins provided the Board with an explanation of how the LDC defines affordable housing. Ms. Ruiz stated that the Board should vote on the items as they come before the Board. Mr. Pepe added that the Board can do a lot of different things to let the Commission know what their desires are. Mr. Miller then suggested that the Board should hold a sunshine meeting on the topic of affordable housing. Regarding Mr. Miller’s comment, Mr. Pepe stated that the City changed a provision in the LDC that would give the Board the opportunity to hold Sunshine meetings With no further discussion, the Board made a motion on the item. Motion:Ms. Ruiz moved to recommend approval of PB-20-023 with the recommendation that everyone have a conversation and be on the same page about the applicability and necessity of certain language in subparagraph A. Mr. Miller seconded the motion. Ms. Ruiz let Mr. Borges make final comments on the item. Mr. Borges requested that the Board respect Vice Mayor Welsh, the author of the proposed ordinance, and allow him to make the necessary changes as he sees fit. Mr. Borges then stated that the motion should be changed to be “Approved as is” as the author indicated. Ms. Ruiz stated that her motion was to approve the item as is with the recommendation that the misunderstandings need to be worked out. Mr. Miller then stated that he seconded the motion because he agreed with what was said. 9 5 Vote: Yes 7, No 0(None) Mr. Bonich: Yes Mr. Borges: Yes Mr. Miller: Yes Mr. Corey: Yes Mr. Baldwin: Yes Mr. Jacobs: Yes Ms. Ruiz: Yes The motion to approve PB-20-016 was unanimously approved by the Board. V.Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no Public Comments. New Business Section There were no Public Comments. The Chairperson opened the floor for public comments and any new business. VI.Approval of the Minutes 1.Planning Board Regular Meeting Minutes of September 14, 2020: Ms. Ruiz explained that she incorrectly counted the votes on PB-20-017 and stated that the item resulted in a tie vote instead of it being approved. Mr. Millerthen asked if there is a way that the developer and neighborhood can be notified when the Board approves an item in error so that the Board can reconvene in order to correct the discrepancy. Mr. Pepe stated that all parties involved should keep track of the vote so that any issues can be corrected immediately. If an item fails, it still goes to the City Commission with a recommendation of failure. Staff would have picked up on it that the vote was not a failure and instead was a deadlock vote. He then closed by stating that the chair announcing the vote is not written in stone. The correct vote will come out when the meeting minutes are produced. Ms. Tompkins added that Mr. Lightfoot notified the applicant but was not aware if he notified any of the neighbors. Ms. Tompkins then stated that the City Commission would have met on the item before the next regular scheduled Planning Board meeting would have taken place. Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Mr. Miller. Vote: Yes 6, No 0 (None) Mr. Bonich: Yes Mr. Miller: Yes Mr. Corey: Yes 10 6 Mr. Baldwin: Yes Mr. Borges: Recused Mr. Jacobs: Yes Ms. Ruiz: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII.Future Meeting Date: December 8, 2020 VIII.Adjournment The meeting was adjourned at 9:22 P.M. 11 SUNDAY NOVEMBER 22 2020 NEIGHBORS 17SE MIAMIHERALD.COM The sprawling food fes- tival that draws tens of thousands to South Beach every February is planning to go on as an in-person event. The South Beach Wine & Food Festival has been lining up talent for a five- day festival that would cut capacity to one-third of its usual attendance of 65,000, halve the number of events, and limit itself to outdoor-only dinners, the festival’s founder said. The festival still, by no means, would be a small, intimate affair. It expects to draw more than 20,000 people for its 57 events, down from 114, from Miami-Dade to Palm Beach counties. And the large, outdoor events that have been the festival’s hallmark will still go on, albeit at reduced capacity, and broken up into two sessions with an hour-long cleaning period in be- tween. “We know if we don’t do it right, we’ll screw it up for the entire industry,” festiv- al founder Lee Schrager said. Meanwhile, the festival has drawn out a plan intended to curb the threat of coronavirus transmis- sion, Schrager said. It in- cludes one-way lines at events, a mask require- ment except while seated, health screening and tem- perature checks, no com- munal food and no “meet and greet” opportunities with celebrity chefs. And still, Schrager said, all that could change if COVID-19 cases continue to surge. More than 140,000 new cases were diagnosed in a single day in the United States this week. And in Miami-Dade, the rate of people testing positive for coronavirus has nearly doubled in the last week to more than 9 per- cent. The county had to drop to 10 percent before the mayor allowed restaurants to reopen. Scaling back the large, outdoor gatherings has been the festival’s focus. The annual Burger Bash, which usually crams 4,000 people under a block-long beachside tent, will be split into two sessions of 1,000 people each, including staff. One session will run from 6-8 p.m., the other from 9-11 p.m. The beach- side BubbleQ, a barbecue and champagne event, will serve two groups of 1,000 people each. Smaller dinners will still be part of the festival. But festival goers will be seated at individual tables de- pending on their party’s size. Guests who want to sit together will have to buy tickets together. It’s a lesson the festival learned from a trial run at last month’s New York City Wine & Food Festival, which Schrager also founded. The number of national talent flying in will also be cut from about 400 to 100 or so, Schrager said. That will put the focus primarily on local restaurants and chefs, many of whom have garnered national acclaim. A full slate of events will be available by Dec. 7 at the website, sobewff.org, Schrager said, and tickets go on sale Dec. 14. Schrager said the festiv- al “will not make one penny this year,” and for the first time, the festival is reimbursing participa- ting chefs up to $700. The intent of holding the festival in some in- person way, he said, was to support a restaurant industry that has been decimated by the virus’ spread. “If we do this correctly,” Schrager said, “we hope to lead the way for how events like this can be held.” Carlos Frías: 305-376-4624 SOUTH BEACH South Beach food festival will go on despite pandemic BY CARLOS FRÍAS cfrias@miamiherald.com SETH BROWARNIK South Beach Wine & Food Festival South Beach Wine & Food Festival will go on as planned for 2021, with some adjustments because of the pandemic. 12 MIAMI DA ILY BUSINESS REVIE W Pub lished Da ily except Saturday, Sunday and Legal Holidays Miami. Miami-Dade County , Florida STATE OF FLOR IDA COUNTY OF MIAM I-DA DE : Before th e unders igned authority per so nally appeared GU ILLERMO GARCIA , who on oath says that he or she is th e DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily Bus in ess Rev iew ffk/a Miami Review , a daily (ex cept Salurday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County , Fl orida ; tha t th e attached co py of advertisement, being a Le ga l Advertisement of Notice in the matter 01 CITY OF SOUTH MIAMI-PUBLI C HEARINGS -DEC . 01 , 2020 in the XXXX Court , was published in sa id newspaper in the iss ues of 11 /20/2020 CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARINGS In accordance with City of South Miami Code, Chapter 286.01', As. Stat. the City's Home Rule Powers, an d the City Manager's declaration of a state . .. . of emergency due to the Coronavirus, the City will be holding its City Affiant further says !hal Ihe said Mramr Darly Busrness Commission Meeting VIRTUAlLY. The meeting is schedu led to begin on Rev iew is a newspaper publ is hed at Miami , in said Miami-Dade Tuesday . December 1.2020 at 7:00 p.m . to consider the following public County. Florida and that the said newspape r has heretofore hearing item(s): been conti nu ous ly published in said Miami-Dade County, Florida each day (exc ept Saturday Sunday and legal Hol idays) and A Resolution concerning approval of a Development Agreement for , land described therein and generall y located at 5850 SW 73 Street has been entered as second class mail matter at the post and 7331 SW 59th Avenue, South Miami, Flo for a largesca le mixed -use office in Miami in said Miami-Cade County , Florida , for a pe riod development with 248 residential untts and proposed building inte nsHy of of one year next preceding the first publica tio n of the attached 36,395 square feet of commercial space, proposed population densities copy of advertisement : and affiant further says that he or she of 611 people, a·parking garage and a proposed height of 118 feet has neither pa id nor prom ised any person , firm or corporation eight inches; a copy of the proposed agreement is available in the City 's Clerk's office. any discount , rebate , commission or refund fOf the purpose of secu ri ng this advertisement for publication in th e sai d newspaper. ~-Cj~ 20~:2020 (SEAL) ~ GU ILLERMO GARCIA personally known to me ,i~"'i;f;;., CHI¥STINlI LYNN RAVIX ,f tk. \.; Commission' GG27 7771 \~i;~·:~~f Expires November 19, 2022 .. r·· ... ·o .. ·· .... ~~.~.... Bonded 11"nI Troy f ain Ins"rar.Cc:! 800':;65-101?: r, " .--' An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami land Development Code modifying Artic~ VIII, Section 20-8.3 regarding the Transit-Oriented Development District Mixed-Use Market (TODD (MU-M)). An Ordinance amending Section 20-3 .3(0) (Penn ltted Use Schedule) 'of the City's Land Development Code to permit dental offices in the GR (General Retail) District, under certain conditions. Governor DeSantis's Executive Order (E.O.) Number 20-69 suspended that portio n of Section 166.04 '(4), Fla. Stat., that required a quorum to be Wysically present to adopt resolut ions-and enact ordinances.. If E:0:-No. 20-69 is exte nd ed, City staff and all Commission members will participate by vid eo conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (tlttgs:l/zoolJl.uslI/30S66363381 and partiCipate. If E.O. No. 20-69 is not extended , three members of the City Commissioner will be physically present in the City Commission Chambers 1 and th ey will be broadcast on the Zoom plattonn along with ali other members of the Commission, City Staff and the public who may attend remotely from other locations. If you desire to present evide nce or you are unable to use Zoom, there are procedu res to follow and other options available including a ded icated phon e line to lis ten and parti cipate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at !!!1Q:1 www.southmiamifl. ov SeO/Publi c-Meetin s -N otices. Anyone who wishes to review pending application, supporting docu mentatiOtl or who desire to have documents mad e available for viewing by BV8f)'Of1e during the meeting must contact the City Clerk by calli ng 305-663-634 0. 13 Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal Is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program , aGtivity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ... A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution .... 11120 20-61/0000499761M 14