Ord No 35-20-2389ORDINANCE NO.35-20-2389
An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of
South Miami Land Development Code modifying Article Vlll, Section 20-8.3 regarding
the Transit -Oriented Development District Mixed -Use Market (TODD MU-M).
WHEREAS, the City Commission adopted Ordinance No. 17-20-2371 on June 2, 2020 amending
Article VIII of the Land Development Code (LDC) and creating a new zoning category, Transit -Oriented
Development District Mixed -Use Market (TODD (MU-M)) as requested by 5850 SW 73 Street LLC (the
"Applicant"); and
WHEREAS, the provisions adopted for the TODD (MU-M) included a requirement that
development in this district have adequate space to attract a full -service grocery store; and
WHEREAS, the LDC also provided that, if a grocery store vacant for more than two years or not
feasible, then ten percent of the residential units above the second floor must qualify as Affordable
Housing; and
WHEREAS, Section 20-8.3(h) of the regulations also required that the grocery store lease be for a
term of thirty (30) years; and
WHEREAS, the Applicant has proposed modifying Section 20-8.3(h) by reducing the initial lease
term to twenty (20) years with at least two (2) lease extension periods of five (5) years each; and
WHEREAS, on November 10, 2020, the Planning Board reviewed the request, held a duly
advertised public hearing, and voted 7 to 0 to recommend approval of the proposed amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AS FOLLOWS:
Section I. 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. Section 20-8.3 of the City's Land Development Code is hereby amended to read as
follows:
20-8.3 - Creation of TODD sub -categories.
(A)For purpose of recognizing the existing patterns of land use, the need to encourage a logical mix of
land uses, and the need to promote a higher density of uses together with practical development bonus
opportunities, the following subcategories (zones) are hereby created:
(4)"TODD (MU-M)" Mixed -Use Market. All development in this district must have adequate grocery
store space to attract a full service grocery store and a minimum of 20,000 square feet, exclusive of
back of house, loading area and common areas of the building, of ground floor devoted exclusively to a
grocery store (Grocery Store Space). If the Grocery Store Space is vacant for more than 2 years or if a
grocery store is not feasible as determined in paragraph (f),10% of the dwelling units above the second
floor must be Affordable Housing of which one half (1/2) must be set aside for Low income
Page 1 of 4
Ord. No. 35-20-2389
crew -Weenie Individuals and families and one half (1/2) must be set aside for Moderate Income
Individuals and Families.
(a)lf 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 , Low -Income Tenants and Moderate -
Income Tenants to the greatest extent practicable. However, if after 38 60 days of advertising
the units as Affordable Housing,
There are insufficient qualified applicants to fill the Low -
Income quota, the Owner may rent such unit to a qualified Moderate -Income Tenant.
The Owner shall keep an updated inventory of all available types of units ("Inventory
Application Form") which shall be presented to all residential rental applicants and the
inventory shall be signed by the applicant to indicate the units made available and the unit
chosen by the applicant. These signed inventory sheets shall be kept and maintained as a public
record subject to inspection, but such records shall not be released without the appropriate
redaction of exempt and/or confidential information. Owner will publicize openings in the
Affordable Housing Residential Rental Units in a newspaper of general circulation including The
Miami Herald and El Nuevo Herald, as well as in The Miami Times, and Community Newspaper
-South Miami Edition.
(b) The term "grocery store", for the purposes of this subcategory, means a store retailing a general
line of food and non-food grocery products, including dairy, canned and frozen foods, fresh fruits and
vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and
utilization.
(c) Parking and Loading.
(1) A minimum of 3.0 parking spaces for every 1,000 square feet of gross Grocery Store Space must
be provided and reserved for grocery store patrons.
(2) A development with Grocery Store Space shall be designed to include an internalized loading
space for truck delivery and provides for a sufficient turning radius for delivery trucks given the size
and the constraints of the abutting street.
(3) Paragraphs (1) and (2) shall take precedent over other provisions in the TODD and Hometown
District Overlay concerning parking.
(4) The owner must execute a parking enforcement covenant running with the land approved by
the City Attorney as to form and substance which shall remain in full force and effect for so long as
the property is required, by this Subsection, to have a grocery store use. The covenant must provide
for City enforcement of the parking requirement of paragraph (c)(1) above.
(d) All garbage and trash containers must be maintained inside the building envelope.
Page 2 of 4
Ord. No. 35-20-2389
(e) No use, other than a grocery store is allowed in the Grocery Store Space and until it is occupied by
a grocery store it must remain vacant. However, the Grocery Store Space may be used for other
commercial uses if:
(1) the owner can prove to a super majority of the City Commission by competent substantial
evidence at a public hearing that such use is not feasible as defined in paragraph (f); and
(2) the owner converts ten percent (10%) of its residential units above the second floor to
Affordable Housing as defined in 20-2.3, as the existing leases expire, and records Affordable Housing
covenant in accordance with 20-4.9 for such units.
(f) A grocery store use, for the purposes of this paragraph, is not feasible if:
(1) the Owner has used its best efforts to locate a grocery store; and
(2) no grocery store owner is ready, willing and able to lease the Grocery Store Space for a
competitive grocery store rental
(g) The Owner may not convert any of the residential units to owner occupied units (Converted Units)
unless the Owner has developed Grocery Store Space and has a minimum 30 year lease with a grocery store,
which term includes any options of the store to renew the lease, or executes and records in the land records
for Miami -Dade County a covenant running with the land, approved by the City Attorney as to form and
substance, that requires the owner to
(1) set aside 10% (Set Aside) of those Converted Units for sale to qualified Affordable Housing
buyers (Qualified Buyer). A Qualified Buyer is someone who meets the requirements for a Miami -
Dade County homebuyer loan program for VeFy low-lne-eme= Low Income or Moderate -Income
individuals and families as it existed on June 2, 2020, or as amended.
(2) restrict the conveyance of the Set Aside Converted Units to only Qualified Buyers; and
(3) include a deed restriction in the conveyance of Set Aside Converted Units that
(i) prohibits the reconveyance of said unit for 15 years, other than to another Qualified
Buyer; and
(ii) requires, in the event of a foreclosure sale or the execution of a deed in lieu of
foreclosure by a Qualified Buyer (hereinafter referred to as "Foreclosure Sale") and to the
extent of any Qualified Buyer's equity in the Set Aside Converted Unit, the repayment of any
grant, gift or other subsidy from a governmental entity used to pay for any of the closing costs,
down payment or equity in the property (Government Subsidy). In the event of a Foreclosure
Sale, so much of any excess proceeds that would otherwise be owed to the Qualified Buyer
after the mortgage has been satisfied and any foreclosure judgment has been paid in full from
the sale of the property or by agreement with the mortgagee, must be paid back to the
governmental entity that provided the Government Subsidy until the subsidy is repaid in full.
Nothing contained herein shall prevent Qualified Buyers from recovering their equity in the
property that exceeds the Government Subsidy.
W Grocery Store Lease Exception: The affordable housing provisions of these MU-M district regulations
shall not apply if the owner and/or the develo er: 1 resents the City Manager with a dul
executed lease in recordable form with an initial lease term of twenty (20) years and providing at
Page 3 of 4
Ord. No. 35-20-2389
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 will become and be made part of the City
of South Miami's Land Development Code, as amended.
Section S. 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 will not affect the
validity of the remaining portions of this Ordinance or the Guidelines adopted hereunder.
Section 6. Ordinance in Conflict. All ordinances or parts of ordinances and all sections and parts
of section of ordinances in direct conflict herewith are hereby repealed.
Section 7. Effective Date. This Ordinance will become effective upon enactment.
PASSED AND ENACTED this 1" day of December 2020.
ATTEST: APPROVED:
CITY CIIIERK MAYOR
1" Reading:11/02/2020
2"d Reading: 12/01/2020
READ AND APPROVED AS TO FORM:
COMMISSION VOTE:
Yea
LANGUAGE, LEGALITY AND
Mayor Philips:
Yea
EXECUTION THERE,
Vice Mayor Welsh:
Commissioner Gil:
Commissioner Harris:
Commissioner Liebman:
Yea
Yea
Yea
Yea
QTYATTORNEY
Page 4 of 4
Agenda 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 Vlll, 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
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 a7.l1 persons who are retained with or
without compensation to influence any action, decision, recommendpfidn-pf someone with the city, including the
city manager, city attorney, department heads, city personnel, or meffi- b rs of the city commission or members of
any city board, concerning a matter that could foreseeobly_`-.be ;address by the city commission or a city
board. There are some exceptions and exemptions. The fblldwing are' ---not considered to be lobbyist: a
representative of a principal at a quasi-judicial hearing, erp rs who present scientific or technical information at
public meetings, representatives of a neighborhood assaddtion 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 fhe:meeting in its -entirety, audio and video versions of the
meeting can be found on the city's website'fMA6N.southmiamifl xov).
1. 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.
Ul. Roll Call
Board; Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller
(Vice -Chairperson), Mr. Lee.lacobs, Mr. Orlando Borges, Mr. Brian Corey, Mr. Bruce Baldwin and 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.
Ill. Administrative Matters
1
N
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 Vill, 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 presentingthe item to the Board, to which Ms. 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:
(d)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 mode available among V'Sy
Lew k*e a -r.,.,e4 , 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
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-i"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 wantto decide on a specific item and send
items back to the legal department for further rgview. 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 --Mt. Pepe. stared that yes. the only language that
wasn't in the regulation was subparagraph h. Ms.-Tdmpk ht added that the Iaanguage was added
between the review by the Plabn-iffix Board and t 6e Wew by the City Commission. Ms. Bonich
then asked if the property owner; puts the grrocery store -and it doesn't work out, they won't be
required to provide affordable housing, to Whith.Mr. Pepe stated yes.
Mr. Miller asked why the` Board has retulations in.front of them that hasn't been ironed out by
City staff. Ms -',:Tompkins responded that, ibecause Mr. Jeffery Bass is the author of the draft
ordinance, it wouUbe best if he answer that question.
Mr..JaWbs-stated thatphe_.hasan issue -with the=draft ordinance. He stated that the removal of the
language fdr=louv income individuals it 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.
3
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 thatthe 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 affordablehousing 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 letthe 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.
a
9
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 comm
eots 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 fob public comments and a`ny new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of5eptember 14, 2020:
Ms. Ruin explained thJt-s' he:intcorrectly counted the votes on PB-20-017 and stated that the item
respitedin atievote instead -of it beingoapproved. Mr. Miller then asked if there is away that the
-developer and neighborhood can be notified' -when the Board approves an item in error so that
tfie 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 thatthe 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
5
10
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
Vill. Adjournment
The meeting was adjourned at 9:22 P.M.
6
11
SUNDAY BOYFM9112020 NEIGHBORS 1175E
WAWHERALDa011
SOUTH BEACH
South Beach food festival
will go on despite pandemic
BY CAFades
un..(mmu,an—wid.rvm
The sprawling food fes-
tival that draws tens of
thousands to South Beach
every Februari is planning
to go on as an in -person
event.
The South Beach Wine &
Food Festival has been
lining up ralmr 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, outdom 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 indail festiv-
al founder Eee Schrager
said.
Meanwhile, :he festival
has drawn am a plan
intended to mrb the threat
of coronavhus transmis-
siun,Schrager mid. Itin-
cludes one -wry 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 celebrirychefs.
And still, Schrager said,
1 -\
South Beach Wine & Food Festival will go on as planned
for 2021. with some adjustments because of the pandemic.
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 pan of the festival. But
festival goers will be seated
at individual tables de-
pending on their parry's
size. Guests who want to
sit together will have to
buy tickets together. it's a
lesson the festival Teamed
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 S700.
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 Fr'fas: 305-376-4624
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code. Chapter 286.011. Fla. Stat, the City Home Rule
Powers, and the City Managers declaration of a slate of emergency due to the Coronadrus.
the City will be holding Its City Commission Meeting VIRTUALLY. The meeting is scheduled
to begin on Tuesday, December 1. 2020 at 7,00 p.m. to consider the following public
hearing hernial:
A Resolution authorizing the City Manager to enter Into a mult4ear contract for youth
baseball services.
A Resolution concerning approval of a Development Agreement for land described therein
and generally located at 5850 SW 73 Street and 7331 SW 59e Avenue, South Miami, FL, for
a li rgedcale mhoouse development with 248 residential units and proposed building
Intensity of 36,395 square feet of commercial space, proposed population densities of
611 people, a parking garage and a proposed height of 118 feet eight inches; a copy of
the proposed agreement Is available In the City's Clerk's office.
An Ordinance pursuant to section 20-5.7 and other applicable provisions of the City of
South Miami Land Development Code modifying Article Vill, Section 20.8.3 regarding the
TransltuDrlented Development District Mixed -Use Market (TODD (MU -MI).
An Ordinance amending Section 243.3(D) (Permitted Use Schedule) of the City's Land
Development Code to permit dental offices In the OR (General Retail) District, under
certain conditions.
Governor DeSardle. Executive Order (E.O.i Number 20-69 suspended that portion of Section
166.041(4), Me. Stat., that required a quorum to be physically present to adopt resolutions
and enact ordinances. It E.O. No. 20-69 Is extended, City staff and all Commission members
will pargcipete by video conferencing through the Zoom platform and members of the public
may loin the meeting via Zoom at ffiftins-1/toore.us/i/3056636338 and participate. If E.O. No.
2"9 is not extended, throe members of the City Commissioner will be physically present in
Me City Commission Chambers' and they will be broadcast on the Zoom platform along wah
all other members of the Commission, City Staff and the public who may attend remotely from
other locations. If you desire to present evidence or you are unable to use Zoom, there are
procedures to follow and other options available Including a dedicated phone line to listen and
participate In the meeting and limited public attendance. all of which is set forth in the meeting
notice posted at City Hall and at ❑ h / / .
Anyone who wishes to review, pending application, supporting documentation or who deslre to
have documents made available for Hewing by everyone during the meeting must contact the
City Clerk by calling 30&663-6340.
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 modlflcagon to a policy, practice or procedure or to request an auxiliary.[do
or service In order to participate In a City program, activity 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: 305-663fi340, by mall at 6130 Sunset Drive, South
Miaml, Florida or small at npayne€soNhmiamlg.gov.
Nkenga A. Payne, CMC
City Clerk
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12
MIAMI DAILY BUSINESS REVIEW
Published Daly ex[epl Snu:day. Sunday and
Legal Holidays
Mama, Miami -Dade County, Flonda
STATE OF FLORIDA
COUNTY OF MIAMWADE:
Before the undersigned authomy personally appeared
GUILLERMO GARCIA, who an oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Deily
Business Review f/k/a Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miamt in Miami -Dade County, Flodda; that the
attached copy or advertisement, being a Legal Advertisement
of Notice in the matter at
CITY OF SOUTH MIAMI- PUBLIC HEARINGS -DEC. 01, 2020
In the XXXX Court
was published in said newspaper in me issues of
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
11120/2020 In accordance with City of South Miami Code, Chapter 286.011. Fla Slat, the
City's Home Rule Powers, and the City Manager's declaration of a slate
Afiant further says that the said Miami Daily Business of emergency due to the Coronavirus, the City will be holding its City
Commission Meeting VIRTUALLY. The meeting is scheduled to begin on
Review is a newspaper published at Miami, in said Miami -Dade iqeg4gy, DaggrgbaJl 2020 qt 7:00_m. to consider the following public
County, Florida and that the said newspaper has heretofore hearing iteni
been continuously published In said Miami -Dade County, Florida
each day (except Saturday. Sunday and Legal Holidays) and A Resolution concerning approval of a Development Agreement for
has been entered as second class mail matter at the post land described therein and generally located at SIM SW 73 Street
and 7331 SIN 59th Avenue, South Mlaml, FL, for a largescale mixed -use
office in Miami in said Miami -Dade County, Florida. for a period development with 248 residential units and proposed building intensity of
of one year next preceding the first publication of the attached 36,395 square feel of commercial space, proposed population densities
copy of advertisement. and aBant further says that he or she of 611 people, a parking garage and a proposed height of 118 feet
has neither paid nor promised any person, tam or corporation eight inches; a copy of the proposed agreement is available in the
any discount, rebate, commission or refund for the purpose of City's Clerk's office.
securing this advertisement for publication in the said An Ordinance pursuant to Section 20-5.7 and other applicable provisions
newspaper. of the City of South Miami Land Development Code modifying Article Vill,
Section 20-8.3 regarding the Transit- Oriented Development District
Mixed -Use Market (TODD (MU-M)).
An Ordinance amending Section 20-3.3(D) (Permitted Use Schedule)
of the City's Land Development Code to permit dental offices in the
Swomi and subscribed before me, tit GR (General Retain District, under certain conditions.
20 day NO EMBE , A.D. 2020
Governor DeBantis's Executive Ortler (E.O.) Number 20-69 suspended that
portion of Section 166.041(4), Fla. Stal., that required a quorum to be
physically present to adopt resoMions- and enact ordinances. If E.O. No.
(SEAL) 20-69 is extended, City staff and all Commission members will participate
GUILLERMO GARCIA personally known to me by video conferencing through the Zoom platform and members of the
public may join the meeting via Zoom at (httpAJ/zoom.us/l/3056636338)
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
2
Chambersl and they will be broadcast on the Zoom platform along with all
CHWSTIW LYNN RAVIX
other members of the Commission, City Staff and the pubic who may attend
Commission I GG 277771
remotely from other locations. If you desire to present evidence or you are unable
Expires
-a Expires November 19. 2022
to use Zoom, them ane proceoures to follow and other options available including a
-
dedicated phone line to listen and participate in the mee" and limited
7bu Tmy Fin 119.2c--, tea 16t7�t.
public attendance, as of which is set forth in the meeting notice posted at City
Hall and at http•J/www_south iamifl.g--v/580/Publip_Meetings_Nolices.
Anyone who wishes to review pending application, supporting documentation or
who desire to have documents made available for viewing by everyone during
the meeting must contact the City Clerk by calling 305-683-6340.
13
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