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Ord No 05-21-2395ORDINANCE NO.05-21-2395 An Ordinance amending the City of South Miami Land Development Code, Chapter 20, creating new sections 20-5.24 through 20-3.24.3 to establish administrative procedure for claims of a taking and abrogation of vested rights and related regulations. WHEREAS, the City desires to amend Chapter 20 of the Land Development Code to create new sections 20-5.24 through 20-5.24.3 to establish administrative procedure for claims of a taking and abrogation of vested rights and related regulations; and WHEREAS, in accordance with Section 70.001(8)., Florida Statutes, the provisions of this code section regarding claims filed under Chapter 70, Florida Statutes are intended to augment or facilitate the alternative dispute resolution processes and actions of that Chapter, and WHEREAS, the Planning Board has reviewed this proposed ordinance at the Planning Board meeting held on January 12, 2021, and the proposal was approved unanimously with a vote of 6 yeas to 0 nays. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 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. Chapter 20 of the City of South Miami's Land Development Code is hereby amended to create Sections 20-5.24 through 20-5.24.3 and will read as follows: 20-5.24 - Legal status of plan; legislative intent: administrative remedies; definitions. (1) Legal status. The City's Comprehensive Plan is the official long-range and comprehensive guide for the orderly growth and development of the City of South Miami. Florida. and is adopted to promote the public health. safety, convenience, prosperity and general welfare of City's citizens, business owners and visitors. by directing and achieving coordinated and compatible development and land use in a manner that will permit the planning for adequate community facilities and protect the ecological balance of the environment. In furtherance of these goals. it is hereby declared to be the City's policy and intent to evaluate and consider all its public actions involving development orders and land development regulations, as well as those actions affecting land use or development including action on applications for zoning relief. Page 1 of 9 Ord. No. 05-21-2395 5.24.3: to ensure that the actions are in conformity and consistent with the Comprehensive Plan. Pursuant hereto. all City actions, including, but not limited to, those for capital improvements, transportation, housing, health, parks, recreation, culture, and libraries will be coordinated with the Comprehensive Plan. In recognition that developmental actions and orders have been and will continue to be a major tool for the implementation of land use and development policies, it is henceforth required that applications for developmental actions or orders must further the attainment of the intent of the Comprehensive Plan (Plan), which embodies the essence of the community's development policy. It is the responsibility of the Department of Planning and Zoning to formulate recommendations for the resolution of any conflicts in the inter retation or application of the Comprehensive Plan in a manner that will best serve the spirit and intent of the Comprehensive Plan and it must include specific findings supporting the recommendation. Any decision of the City Commission relating to such conflict must contain specific findings in support of its decision. (2) Definitions. The following definitions apply to Sections 20-5.24 through 20- " bro do " means thegovernment's abolishment of a validly existing vested right or inordinately burdening, restricting, or limiting private property rights, or as otherwise defined under Florida law. "Developmental Action" or "Development Order" means any action or order granting denying, or granting with conditions an application for a Development Permit which includes an balding aermit, zoning permit subdivision approval, rezoning, certification, special exception, special use, conditional use, variance, or any other official action of the City having the effect of permitting the development of land. "Director" means the Director of the Planning and Zoning Department. "Consistent with" and "in conformity with" means that all Developmental Actions or Developmental Orders must tend to further the Comprehensive Plan and will not inhibit or obstruct the attainment of the articulated policies contained therein. A development that is approved is consistent and in conformity with the Comprehensive Plan if the land uses, densities and intensities, capacity, size, timing, and all other aspects of the development are compatible with and further the objectives, policies, and land uses and requirements in the Comprehensive Plan. "Taking" means the government's acquisition of private tangible andlor intangible property by seizing private prop, in whole or in pam and ousting the private owner, by destroying the property or by restricting the owner's rights so much that the governmental action becomes the functional equivalent of a physical seizure, or as otherwise defined under Federal or Florida law. Page 2 of 9 Ord. No. 05-21-2395 (3) Legislative intent. (a) No implication of a Taking or Abrogation. Nothing in the Comprehensive Plan or Land Development Code may be construed or applied to constitute a Taking or Abrogation. (b) Finality of a Taking or Abrogation. Notwithstanding any contrary provisions that may be found in the City's Land Development Code (LDC), no Taking or Abrogation by legislative means, such as the enactment of or amendment to the Comprehensive Plan, Land Development Code, or other City regulation, or by anx act or omission of the City's administration, such as the granting or den)fing of an application, is final until the following conditions have been met (i) The person alleging a Taking or Abrogation has delivered competent substantial evidence to the Director of Planning and Zoning Department (Director) that affirmatively demonstrates the existence of the legal requisites of the Taking o�gation claim, and. (iil_ The person has first exhausted the administrative remedies provided in Section 20-5.24.1. (c) The Comprehensive Plan is intended to set general and principles concerning its purposes and contents. The Comprehensive Plan is not a substitute for land development regulations. (d) The Comprehensive Plan, as adopted by the City, is controlling and will prevail over any error contained in a reprinting of the Comprehensive Plan or any of its parts, provided, however, this does not preclude correction of scrivener's errors contained in the original documents. (e) The City recognizes that a particular application may bring into conflict, and necessitate a choice between, different goals, priorities, objectives, and provisions of the Comprehensive Plan. While it is the intent of the City that the land use element be afforded a high priority, other elements must be taken into consideration considering t,,, he City's responsibility to provide for the multitude of needs of a diverse community. This is especially true regarding the siting of public facilities. (f) The Comprehensive Plan is not intended to preempt the processes whereby applications may be filed for relief from land development regulations. To the contrary, it is the intent of the City that such applications be filed, considered. -and finally determined by the City Commission as the legislative body of the Cites make changes to the Comprehensive Plan, where a strict application of the Comprehensive Plan would contravene the legislative intent Sec. 20-5.24.1 - Administrative review of takings and vested rights claims. (1) Documentation o f claim. (any claim alleging that the Comprehensive Plan. Land Development Cod (LDC), or any regulation, act or omission of the City as applied to a Page 3 of 9 Ord. No. 05-21-2395 particular Development Permit, order, or action, constitutes, or would constitute a Taking or Abrogation as defined in Sec. 20-5.24 and any person or entity claiming aiming a potential Taking or Abrogation under this Code must affirmatively demonstrate the legal requisites of the claim by exhausting the administrative remedy provided in this Section. (b) Claims of a Taking or Abrogation are limited solely to extreme circumstances rising to the level of a potential denial of rights under the Constitutions of the United States and the State of Florida or state statutes. The procedures provided herein for demonstrating such a Taking or Abrogation are not intended to be utilized routinely or frivolously, but only in the extreme circumstances described above. The claimant or the attorney for the claimant must exercise due diligence in the filing of any Sworn Statement and notice to invoke an administrative remedy or other claim for a Taking or Abrogation. The signature of the claimant or the attorney for the claimant upon any document in connection with a claim of a Taking or Abrogation will constitute a certification under penalties of perjury that the person signing has read the document and that to the best of the signatory's knowledge it is supported by good and sufficient grounds and that it has not been presented frivolously or for the purpose of delay. The claimant and the attorney for the claimant have a continuing obligation throughout the proceedings to correct any statement or representation found to have been incorrect when made or which becomes incorrect by virtue of changed circumstances. If a claim of Taking or Abrogation is: (1) based upon facts that the claimant or the attorney for the claimant knew or should have known were not true: or (2) frivolous or filed for the purposes of delay�ped I Master or Magistrate, or at the City's option, the County Court will make such a finding and the City may pursue any remedy or the Magistrate or Court ma ►yimpose any penalty provided by law or ordinance. (2_) Definitions. Developmental Permit for purposes of this Section, means a Developmental Order or action that may be issued by an administrative official, or Board with or without a hearing on the application for said Development_ Permit (Application Developmental Resolution, for purposes of this Section, means a Developmental Order or Development Action that requires the approval of a City board or City Commission after a hearing on the Application for said Developmental Resolution prior to its issuance. Sworn Statement for purpose of this Section, means the Sworn Statement described in Section 20-5.24.1(a), a notarized statement, sworn under oath, or a Declaration pursuant to Section 92.525, Fla. Stat., together with all accompanying documents. witness lists, items and things supporting the applicant's claim and an administrative fee established by administrative order of the Cityx Hager or as set forth in the City's Schedule of Fees and Fines. (3) Invocation of administrative remedt. Page 4 of 9 Ord. No. 05-21-2395 (a) The Sworn Statement alleging a Taking or Abrogation and concerning any Development Permit denied on the grounds of inconsistency with the Comprehensive Plan, or on any grounds that support a Taking or Abrogation, must state in writing that the permit has been denied on such basis. Any applicant seeking to appeal the denial of a Development Permit on the grounds set forth in Section 20-5.24.1(a) must file a notice of invoking administrative remedy with the Director on a form prescribed by the Director within fourteen (I 4) days of the denial of said Development Permit, with the exception of a claim under the Bert Harris Act (the Act) which must be filed at least 180 days before the expiration of the Bert Harris Act limitation period for filing claims under the Act and before filing a claim under the Act. The applicant must file a complete Sworn Statement within ninety _(90) working days of the filing of the notice of invoking administrative remedy. Failure to file the Sworn Statement within the time specified in this paragraph constitutes an irrevocable waiver of claim. ,(b) Any applicant alleging that the action of the City Commission, the Environmental Review and Preservation Board (ERPB) or Historic Preservation Board (HPB) upon an Application for a Development Permit would constitute a Taking or Abrogation must file a complete Sworn Statement with the Director not later than forty-five ve (45) days after the first hearing on the Development Resolution. The Sworn Statement must demonstrate that a Taking or Abrogation has occurred. No oral testimony or written reports or documents in support of any argument that the denial of the Developmental Order would constitute a Taking or Abrogation will be considered as evidence at the public hearing unless the complete Sworn Statement has been timely filed pursuant to this paragraph: provided, however, that where an applicant has failed to timely file a Sworn Statement pursuant to this paragraph, the City Commission, ERPB, HPB, or anX other board taking action on a Development Permit may defer the hearing on an Application for a Developmental Resolution to avoid a manifest injustice and to provide adequate time for review of the Sworn Statement by the City Attorney in the event of an Application initiated by a yarn other than the property owner requesting the Development Permit, to provide adequate time for the prop owner to invoke the administrative remedy and to adhere to the time schedules provided herein. (4) Review byC�L. (a) It is the duty and responsibility of the City Attorney to review all Sworn Statements timely filed with the Planning and Zoning Department pursuant to this Section. The City Attorney has the authority to request additional information from the applicant. (b) If the City Manager and the City Attorney both believe that a denial of a Developmental Permit would result in a Taking or Abrogation, the City Manager may reverse or modify said denial with the consent of the City Commission. Otherwise, the City Manager must affirm said denial. An appeal by the applicant to the City Commission of the decision of the City Manager must be filed within 14 days of the decision, except for a claim under the Bert Harris Act (the Act}, in Page 5 of 9 Ord. No. 05-21-2395 which case it must be filed at least 180 days before the expiration period for filing of claims under the Act and before filing a claim under the Act. All appeals to the City Commission must be in accordance with the procedure set forth in Section 20-6.2 of the Code. (c) Notwithstanding any other provision of the Code to the contrary, the City Commission has jurisdiction to review an appeal of a conflict, between the joint decision of the City Manager and the City Attorney (jooint Decision) regarding Development Permits made pursuant to this Section and the decision of a C4 board. The appeal must be filed within 14 days of the joint Decision and in accordance with the procedure set forth in Section 20-6.2 of the Code. (d) _ _The City Staff must prepare a written recommendation to the appropriate City board regarding Sworn Statements filed in connection with an Application for a Developmental Resolution. The City Commission has exclusive jurisdiction to consider and act upon all Applications for Developmental Resolutions for which the applicant has invoked the administrative remedy set forth in this Section unless the decisions are directly reviewable by an appellate court (e) The appropriate City board may elect to first consider the primary Application rather than concurrently conduct a hearing upon a claim of Taking or Abrogation. If the Board's determination is that the primary Application should be denied in whole or in part such determination is not a final decision and will be subject to a further determination of a claim of Taking or Abrogation. The Board may either directly hear the claim of Taking or Abrogation, may defer consideration Of the claim to a subsequent hearing,,,, or may refer the same to the City Manager and City Attorney for further review and recommendation prior to adopting a Development Resolution. If the Board decides that denial of the primary Application would result in a Taking o�gation, the Board may recommend apTpriate relief which would avoid such result. The City Manager and City Attorney must review and make a recommendation to the City Commission. Upon a determination by the Board that denial of the primary Application would not affect a Taking or Abrogation, the RreliminaQt determination to deny will become appealable to the City Commission. (5) Notwithstanding any c, ontrary provision of the Code, a Developmental Resolution adopted b�► any City board in favor of an applicant may not be deemed to be a final order for any purpose if the City Manager has appealed said Developmental Resolution to the City Commission. Said appeal must be filed within fourteen (14) days of the date of the adoption of the Developmental Resolution otherwise the Development Resolution will become final. 6) Exhaustion of administrative remedies. A Developmental Permit. Development Resolution or a City act or omission is not a final order in any court or quasi- judicial proceeding challenging the denial of the Development Permit or the City's act or omission as a Takine or Abrogation unless the remedies set forth in this Section have been exhausted. Sec. 20-5.24.2. - Exhaustion of remedies, court review. Page 6 of 9 Ord. No. 05-21-2395 (1) No person aggrieved by any zoning resolution, or any order, requirement, decision, or determination of an administrative official or by any decision of any City Board or Cite Commission may aRply to the Court for relief unless such person has first exhausted the remedies provided for herein and taken all available steps provided in Sections 20-5.24 and 20-5.24.1. It is the intention of the City Commission that all steps set forth in Section 20-5.24 and 20-24.1 must be taken before any legislative enactment or any administrative act or omission is final as it applies to the person who is making a Taking or Abrogation Claim. (2) All appeals to the City Commission to review a Taking or Abrogation Claim must follow the procedure set forth in Section 20-6.2. In the event that any court determines that a decision of City Commission or any City Board constitutes a Taking or Abrogation, such decision of the Commission or Board is declared to be non -final and the court is hereby requested to remand the matter to the City Commission, which must reconsider the matter after notice of the City Commission hearing. If a court fails to remand a matter to the City Commission after finding that a Taking or Abrogation has occurred. the City Staff max -file an application to remedy such Taking or Abrogation, which applica, Lion must be heard directly by the City Commission after notice of the public hearing is published at least 10 days prior to the hearing. The City Commission may elect to request that any remand or City 's application be deferred until a later point in the litigation, including the completion of any judicial appeals. Notwithstanding anything to the contrary contained in the Code, the City Commission has original administrative jurisdiction over any remand or City 's application pursuant to this paragraph. Sec. 20-5.24.3. - Appeals to the City Commission. (1) The City Commission has jurisdiction to hear Taking and Abrogation Claims defined in Section 20-5.24. (2) The City Commission, after a public hearing on the Taking or Abrogation claim, must consider the matter in accordance with the criteria specified in in Sections 20-5.24 through 20-5.24.3 and must either grant, deny or grant with conditions the relief being sought. In granting any re -zoning, variances, conditional use, special exceptions or special use, the City Commission may prescribe any reasonable conditions, restrictions, and limitations it deems necessary or desirable to maintain the Comprehensive Plan for the area and compatibility therewith. The action of the City Commission on the claim will be by resolution at a public hearing and it be final provided the subject matter of the resolution, and the time and place of the public hearing, is published at least 10 days prior to the hearing (Timely Published). Anything in Section 20-5.24 through 20-5.24.3 to the contrary notwithstanding, when an application for re -zoning. variances. conditional use, special_ exceptions, or special use, is filed with the Director it will only be decided b,y the City Commission and become final after the City Commission has received the recommendation of the City Manager and after the notice of public hearing has been Timely Published. Page 7 of 9 Ord. No. 05-21-2395 (3) The following additional procedures apply to hearings before the City Commission: (a) Deferrals. The City Commission may defer action on any matter before it to inspect the site in question, to remand to the City Manager or any City Board, or for any other justifiable and reasonable reason. Whenever a deferral is approved at the request of the applicant, the applicant is required to pay a deferral fee in the amount of two hundred fifty dollars ($250.00). If the applicant does not Ray the deferral fee prior to the date of the scheduled deferred hearing. the application will be deemed to have voluntarily withdrawn without prejudice, the applicant will be deemed to be in violation of this provision, and enforcement may be effectuated through all available means. Notwithstanding the foregoing,, the Commission has, at the time of approving a deferral, the discretion to waive the provisions of this paragraph upon a showing of good cause for the deferral. (b) Record When any final action has been taken by the City Commission, its record, together with a certified copy of its minutes and resolutions pertaining to such action must be transmitted to the Department for filing, and the same will be open to the public for inspection at reasonable times and hours. (4) The Mayor, Vice -Mayor, or acting chair of the City Commission may administer oaths and compel the attendance of witnesses in the same manner prescribed in the circuit court. 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 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 S. 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 b. 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. Section 7. Effective Date. This ordinance will become effective upon enactment. PASSED AND ENACTED this 2 "d day of March, 2021. Page 8 of 9 Ord. No. 05-21-2395 FA—w"w iU q (t CITY CLERK I" Reading: 2/16/21 2nd Reading: 3/2/21 APP50VED: d READ AND APPROVED AS TO FORM: COMMISSION VOTE: 4-0 LANGUAGE, LEGALITY, D Mayor Philips: Yea EXEC.1. THERE Commissioner Harris: Yea Commissioner Liebman: Yea _ Commissioner Gil: Yea CI TTORNEY Page 9 of 9 Agenda Rem No:7. City Commission Agenda Item Report Meeting Date: March 2, 2021 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Rem Type: Resolution Agenda Section: Subject: A Resolution of the Mayor and City Commission of the City of South Miami, Florida, directing the City Manager to memorialize the existing bench and plant a new tree at the ROW open space area, located at SW 42nd Terrace and 62nd Court, in honor of the late Vice Mayor Robert Welsh. 3/5 (Commissioner Gil, Mayor Philips, Commissioner Harris & Commissioner Liebman) Suggested Action: Attachments: Resolution-Welsh's Memorial Bench &Tree.docx Agenda Rem No:10. City Commission Agenda Item Report Meeting Date: March 2, 2021 Submitted by: Thomas Pepe Submitting Department: City Attorney Rem Type: Ordinance Agenda Section: Subject: An Ordinance amending the City of South Miami Land Development Code, Chapter 20, creating new sections 20-5.24 through 20-5.24.3 to establish administrative procedure for claims of a taking and abrogation of vested rights and related regulations. 3/5 (City Attorney) Suggested Action: Attachments: Memo_CA_to_CC_-_Ord._re_Taki ngV este d Rigts P roce d u re_1_ (1). d ocx Ord._Amending_LDC_TAKING Clean2sk(2).doc Ord._Amending_LDC TAKING_Clean2sk_2_ccistReadingCArevjpProposed2ndReadingjp2.doc Ord._Amending_LDC TAKING_Clean2sk_2_1stReadingDraftCompared.doc Miami Herald Ad.pdf MDBR Ad.pdf CITY OF SOUTH MIAMI South�l'Miami OFFICE OF THE CITY ATTORNEY THE MY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: The Honorable Mayor and Commissioners Cc: Shari Karnali, City Manager, Nkenga A. Payne, City Clerk and Jane Tompkins, Director of the Planning and Zoning Department From: Thomas F. Pepe, City Attorney Date: March, 2021 ITEM No. 1246 SUBJECT: An Ordinance amending the City of South Miami Land Development Code, Chapter 20, creating new sections 20-5.24 through 20-5.24.3 to establish administrative procedure for claims of a taking and abrogation of vested rights and related regulations. gum mAlu►n-was]I1:7XiIil���iii United States Constitutional Fifth Amendment claims, Equitable Estoppel claims, and Bert Harris claims against a governmental body can be and usually are very costly and a governmental body should take precautions against them. The proposed amendment was initiated to provide a level of protection against such liability for the City of South Miami. This proposed ordinance is modeled after Miami -Dade County's ordinances that attempt to provide the County with that protection. The County's ordinance was enacted to protect the County against the cost of taking claims when the County first adopted the County Comprehensive Plan. The County's ordinances have evolved over time. In any event, it was a seminar topic by Joni Armstrong Coffey dealing with the Knick case that brought this matter to my attention. An example of how these claims can arise from an ordinance that may appear to be enacted with good intentions is the Knick case which took a local government all the way to the United States Supreme Court. The case of Knick v. Township of Scott, 139 S.Ct. 2162 (2019) held that a United States 5t' Amendment (to the US Constitution) taking claim could be filed as soon 2 3 4 5 6 7 8 9 10 I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ORDINANCE NO. An Ordinance amending the City of South Miami Land- Fomented: Indent: Lefo 1',sgne:O' Development Code, Chapter 20, creating new sections 20-5.24 through 20-5.24.3 to establish administrative procedure for claims of a taking and abrogation of vested rights and related regulations. WHEREAS, the City desires to amend Chapter 20 of the Land-- - FormattediIndent, nrslMe:0.5' Development Code to create new sections 20-5.24 through 20-5.24.3 to establish administrative procedure for claims of a taking and abrogation of vested rights and related regulations: and ... - { Deleted:. I WHEREAS, in accordance with Section 70001(8) Florida Statutes, the provisions of this code section regarding claims filed under Chapter 70 Florida Statutes are intended to augment or facilitate the alternative dispute resolution processes and actions of that Chapter and WHEREAS, the Planning Board has reviewed this proposed ordinance at - the Planning Board meeting held on January 12. 2021, and the proposal was approved unanimously with a vote of 6 yeas to 0 nays. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 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. Fomlatted: Indent: nrst ene: OS' Formatted: Indent: nno Ilene: 0.5', Tab stops: Not at 1.25' Section 2. Chapter 20 of the City of South Miami's Land Development i Formatted: Indent: nm We: os i Code is hereby amended to create Sections 20-5.24 through 20-5.24.3 and _ill read i odeeedr.t.o as follows: 20-5.24 - Legal status of plan: legislative intent: administrative remedies: definitions. (1) Legal status. The City's Comprehensive Plan is the official long-range and comprehensive guide for the orderly growth and development of the City of South Miami Florida and is adopted to promote the public health safety. convenience Drospgrity and general City's Polity and intent to evaluate and consider all its public actions involving development orders ind land development re Ig ads, as well as those actions affecting land use or development including action on applications for zoning relief, Page 1 of Formatted: front: 12 of l Deleted: dlre"d-actim t Formatted: Font: 12 Pt i DelPil�:.ln order n nranote,Ae public M1e,ld non mmenience ermoenry�pd!<v:e.,l..dbr. d_Cm i amen,. 6udomsrmmnN rh eu- -'. Formatted: Font: 12 Pt Deleted:m Formatted: Font: 12 pt . Deleted: m Formatted. Fo t: 12 of 24 I to ensure that ,the actions are, in conformity and consistent with the _ Deleted: IU 2 Comprehensive Plan Pursuant hereto all City actions including but not limited to Formatted: Font: 12 pt 3 those for capital improvements transportation housing health parks recreation libraries be Comprehensive Plan. In 4 culture and will coordinated developmental with the have been and will continue to ' ' wmwebed: writ 12 at 5 6 recognition that actions be a major tool for the implementation and orders of land use and development policies. it is °el0i beaetam+"ea'" 7 henceforth required that a°°lications for developmental actions or orders must ,,:- F°^"amed: Font: 12 pt 8 further the attainment of the intent of the Comprehensive Plan (Plan) which °elm:• 9 embodies the essence of the community's development policy. It is the r�, Formatted: Font 12 pt 10 responsibility of the Department of Planning and Zoning to formulate Deleted: decisions II recommendations for the resolution of any conflicts in the interpretation or - Formatted: Font 12 pt 12 application of the Comprehensive Plan in a manner that will best serve the spirit Deleted: br din Corm n or pe„mnem maumn" 13 and intent of the Comprehensive Plart_and_it_must-mclude specific findings dssma"e.-- 14 suoportmg_the recommendation. Any )decision of the City _Commi ss ion relating to Formatted: FOM: 12 pt IS such conflict must contain specific findingsin support of iq_d_e_tis9na Formatted: Font. 12 pt Formatted: Indent left: 0.75, No bullets or numbering 16 (2) Definitions. The following definitions apt to Sections 20-5.24 through 20- Deleted: 17 43' - __. _ Formatted: Font: 12 pt 18 "Abr ation" means the government's 08 8 abolishment of a valid) existing vested• Y g Deleted: dernea pe.d� nlAmmmDevelo"m�ut order... 19 right or inordinately burdening, restricting, or limiting private propem rights — � Formatted: Font 12 pt 20 or as otherwise defined under Florida law, - - Deletetl: 21 ,"welopmental Action" or "Development Order'means any action or order Formatted: Font 12 pt; .. 1 22 granting. denying, or granting with conditions an application for a Development Formatted: Indent Left: 0.75-, No bullets or numbPfbq 23 Permit which includes any building permit, mningpermit subdivision approval,':' Delered 0,-r Socuiinjh.te.m •omok... 24 rezoning. certification, special exception, special use conditional use. variance and'-n eenf Mrh' "rm n w elf---- 25 or any other official action of the City having the effect of the Formatted: Font: 12 pt 26 development of land. permitting Deleted: shall Formatted: Font: 12 pt 27 "Director" means the Director of the Planning and Zoning Department Deleted: or f Formatted: Font: 12 pt 28 "Consistent with" and "in conformity with" means that all Develo mental•----"-- P pelted: or 29 Actions or Developmental Orders lnust tend to further the Comprehensive Formatted: Font 12 pt 30 Plan and will not inhibit or obstruct the attainment of the articulated policies Formatted: Font: 12 pt 31 contained therein. A development that is approved is consistent and in -- 32 conformity with the Comprehensive Plan if the land uses densides Vic( Deleted:, 33 intensities, capacity size. timing, and all other aspects of the development are Formatted: Font: 12 p1 34 compatible with and further the objectives policies and land useL and Deleted: drmme>_odotemma 35 ,requirements„ in the Comprehensive Plan Formatted: Font. 12 pt Deleted: 36 "Ta ine' means the government's acquisition of private tangible and/or Formatted! Font 12 pt 37 intangible proper by seizing private proper in whole or in pam and ousting Deleted: -rib fiaa- mom dmtmemmmn abebmmen 38 the private owner by destroying the proper or by restricting the owner's alavId 1: eM an!-, rburdenlm ib=dnt •m °°'�" 39 Lights so much that the governmental action becomes the functional equivalent rdNnr m l mlene pfLats.pmyecD�lhts_a[atotllemue "rid.. ridded nw.9 40 of a physical seizure. or as otherwise defined under Federal or Florida law. get"rid 41 Formatted: Font: 12 pt Page 2 of 9 25 5 6 7 8 9 10 11 12 13 14 IS 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (3) Legislative intent. (a) Vo implication of a Taking or Abrogation Nothing in the Comprehensive _ odetm: Plan or Land Development Code may be construed or applied to constitute a Formatted: Foot: tz pt Taking or Abrogation, ... - { Formatted: Font Lz pt (b) Finality of a Taking or Abrogation. Notwithstanding any contrary provisions _ .. peteom: that may be found in the Citvs Land Development Code (LDC) no Taking or Formatted: Font: 22 pt Abrogation by legislative means, such as the enactment of or amendment to the Comprehensive Plan Land Development Code or other City regulation, or by any act or omission of the CiWs administration. such as the granting or denying of an application. is final until the following conditions have been met (i) The person alleging a Taking or Abrogation has delivered competent substantial evidence to the Director of Planning and Zoning Department (Director) that affirmatively demonstrates the existence of the legal requisites of the Taking or Abrogation claim and. (fil The person has first exhausted the administrative remedies provided in Section 20-5.24.1. (c) The Comprehensive Plan is intended to sec general vuidelines and Rrinciples •:._.. i Deleted: J concerning its purposes and contents. The Comprehensive Plan is not a substitute ? Formatted: Font,, 12 pt for land development regulations. i Formatted: Lett, space Before: 0 pt (d) The Comprehensive Plan. as adopted by the Ciry, is controlling and will Deleted: prevail over any error contained in a re rp inting of the Comprehensive Plan or any of its parts, provided, however. this does not preclude correction of scrivener's Formatted: Font tz pt errors contained in the original documents. (e) The Cily recognizes that a particular application may brine inEo conflict. and oaeoed: necessitate a choice between, different goals. priorities objectives and provisions _ Formatted: ropy. a pt of the Comprehensive Plan While it is the intent of the City that the land use element be afforded a high priority, other elements must be taken into consideration considering the ity,s responsibility to provide for the multitude of needs of a diverse community. This is especially true regarding the siting of public facilities. (f) The Comprehensive Plan is not intended to preempt h processes whereby , Deleted: applications may. be fled for relief from land development regulations _ To the -{Fom tted; Fans Lz pt ommehensive Plan would contravene the legislative intent Sec 20 5 24 I Administrative review of takings and vested rights claims (I) Documentation ofdaim. Deleted: (a) 60y claim alleging that the Comprehensive Plan Land lopmen Font: 12pt 1 Code (LDC), or any r lation act or omission of theCity as applied to Formatted: Tap slops: 175', Len ' Page 3 of 9 26 6 7 8 9 10 I 12 13 14 13 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (¢)Claims of a Taking or Abrogation are limited solely to extreme• circumstances rising to the level of a potential denial of rights under the Constitutions of the United Sates and the State of Florida or state statutes. The procedures provided herein for demonstrating, such a Taking or Abrogation are not intended to be utilized routinely or frivolously. but only in the extreme circumstances described above. The claimant or the attorney for the claimant must exercise due diligence in the filing of any Swom Statement and notice to invoke an administrative remedy or other claim for a Taking or Abrogation. The signature of the claimant or the attorney for the claimant upon any document in connection with a claim of a Taking or Abrogation will constitute a certification under npe alties Deleted: Formatrmt Tab Steps: 1.31r, Len Formatted: Font: 12 at (2) Derinitions. Deleted: W 12evelopmental Permit for purposes of this SectiorL means a Develo mp enal Deleted: -, ' Order or action that may be issued by an administrative official or Board with or Formatted: Face: without a hearing on the application for said Development Permit (Application). • r -u-OFINTRITIT, T1,11, -.t - t- -47 •a r.• r"• S..VY s s r.• t. Page 4 of 9 Formatted: Font: 12 pt Formatted: Font 12 Pt Deleted: (b) Formatted: Font: 12 pt Deleted:.d:L,.Lfo, Formatted: Font: 12 pt Deleted:.a Dvdmm Minoluuon' Formatted: Font: 12 at Deleted:(,) Formatted: runt 12 tt Formatted: Font 12 Dt 27 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 • 1 '. uIl� ,�Ll.•Cilt,• •�[l� •�1 IL . 1 1 1 •u• -1 1• 1, ••a u. u a rill MROLIIIL��. 1 11 1 •• 1 u� u 1 .l u'IP fl. ac .•1 � ' u .1 JI ..1 � • T •1 a• .n' ,lla •1 1; • •Z ••1 'll'1 .1•I•a 4• 1• 11 ••q •l• .1 •IF 1 � 1' ••1 .1" a' •11'1 •1 L' •i�' a •'u•1 r •r •1 Dedeled: , � Formatted: Font 12 pt 35 (a) It i�the duly and responsibility of the City Attorney to review all Sworn •. [Dderm: 36 Satements timely filed with the Planning and Zoning Department pursuant to this j Famatted: Font: 12 pt 37 Section The City Attorney has the authorily to request additional information from ( Deleted: slaate 38 the lid Formatted: Left 39 (ha If the Ciq Manager and the Cily Attorney both believe that a denial of a Famattea: Foot: 12 pt 40 Developmental Permit would result in a Taking or Abrogation. the Ciq Manager Formamed: Font. 12 pt 41 may reverse or modify mid denial with the consent of the City Commission trPleted: 42 Otherwise. the City Manager must affirm said denial. An appeal by the applicant to Formatted: Font 12 pt 43 the City Commission of the decision of the City Manager must be filed within 14 44 days of the decision except for a_clalm under the Bers_HarjsAc.QthPAcQ.jn Deleted: -d Page 5 of 9 28 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 which case it must be filed at least 180 days before the ex ip ndon period forking of claims under the Act and before filing a claim under the Act All appeals to the Ctv Commission must be, in accordance with the procedure set forth in Section Fom:itted: Font: 12 pt 20-6.2 of the Code. f) Notwithstanding any other provision of the Code to the contrary. the - paeem: City Commission has jurisdiction to review an appeal of a conflict. between the formatted: rant a pt joint decision of the CiV Manager and the Civ AttorngJf oint Decision regarding Development Permits made pursuant to this Section and the decision of a City board. The appeal must be fled within 14 days of the Joint Decision and in accordance with the procedure set forth in Section 20-6.2 of the Code. (d) The City Staff musyprepare a written recommendation to the appropriate City board rgzarding Sworn Statements filed in connection with an Application for a Developmental Resolution The CiV Commission has exclusive jurisdiction to consider and act upon all Applications for Developmental Resolutions for which the applicant has invoked the administrative remedy set forth in this Section unless the decisions are directly reviewable by an appellate court. r-=q r rr .: •r..r u. i' a -r r :: .r• a .a• r' tar' ..:. •uur•. •t . 1 L Y.:.� ..1• .1FIRM .IJ'uu':.. .: :' a •uu .er 't 1. •r• r- t. •:WTW- FUI rX • rs -on •r •a. .t .r• a� ..r •t r. a' t�tn •: .r a r n .tMi. .t IM Page 6 of 9 � Deleted: >saa Formatted: Font 12 pt .. Deleted: ilm { lweled: tm j Formatted: Font: 12 pt Deleted ted Formatted: Font 12 pt Formatted: Font 12 pt 29 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 - - Formatted: Tab stops: 0.75-, left Formatted: Fart: 12 of Commission that all steps set forth in Section 20.5.24 and 20-24.1 must be taken before any legislative enactment or any administrative act or omission is final as it applies to the person who is making a Taking or Abrogation Claim. (2) All appeals to the City Commission to review a Taking or Abrogation Claim !i including the completion of any judicial appeals Notwithstanding anvshing to the t;QntraU contained in the Code the City Commission has original administrative: jurisdiction Sec. 20.5.24.3. (1) The over any remand - Appeals City Commission or Citv's application pursuant to the City Commission. ha% urisdiaion to hear Taking to this Daragraoh and Abrogaton Claims defined (2) in Section 20-5.24 The City Commission, after a public hearing on she Taking or Abrogation claim, must consider the matter in accordance with the criteria_ specified in in Sections 20-5.24 through conditions she relief being 205 24 3 and ynuss either grant, sought, In granting any re -zoning. deny or Eranc _ w-1ch variances conditional use special reasonable exceptions conditions or special use the City Commission restrictions and limitations it deems mayprescribe any necessary or desirable so maintain the Comprehensive Plan for the area and compatibility therewith..The �{ attion of the City Commission on the claim will bg by resolution u a public hearing and it be final provided the subject matter of the resolution and the time and place of the -public hearing, is yublished at least 10 days prior to the hearing (Timely Pl blished), Anything in Section 20-5 24, through 20S 24 3, to the contrary notwithstanding when an application for re zoning variances conditional use been Timely Published. Page 7 of 9 Formatted: Font: 12 m Fonda Font: 12 pt Formatted: Font: 12 pt Fortnat[ed: Font: 12 pt Deleted::ha Formatted: Font: 12 pt Deleted: ihb_dww. Formatted: Font: 12 pt Deleted::h:Ilrr reaeludae Formatted: Font: 12 pt - Deleted: n Formatted: Font: 12 pt Formatted: Font 12 pt Formatted: Font: 12 pl Deleted: ni o!dc, Formatted: Font: 12 pt Deleted: Suds Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Dcicced: no..d.an wdi e�o�.�..ei nerve Formatted: Font: 12 pt Formatted: Font: 12 pt —_ Deleted: rwmt satidrdrMslza m arfnN'iaOap . glen af.ra.0..1 wth, Fe+,r w, bean M1nt p Formatted: Font: 12 pt Deleted:. Deleted:. ct n, !• Formatted: Font: 12 pt Formatted: Font: 12 pt _ Formatted: Font: 12 pt - - - -- Deleted: cxeepdV6 .. _. ._ Formatted: Font: 12 pt Deleted: gtswm e Formatted: Font: 12 pt Deleted: akv recrirFe Formatted: Font: 12 pt Deleted: wes,nM aM auN dem on xi1 wJr den he fi. Formatted: Font: 12 pt , 30 (3) The following additional procedures appLy tQ hearings before the City : zo,ltns r_ . Commission: Formatted: Font: 12 Pt ►' ! ! � • 11I1t •! !1. •' :•t •t •1 <1 Ile S.: •i • 1 • I 'wit t l ! "_ !• I • 11.: • • .1 1� ll, Is • :1 � :�.. . .ff M-WiVAILelli 17. • .1 • s • l: • • 1 1' 1' • ri6 ! 1". :Il• .I • 7, ! 1.1• .• 11� •• .:! 1 11 !• • 1• T 1 •• 1• 1 . •• TM •- • •-11-• • •- 1 • a! •! • I . • •! :1• l • ll"1. ll: •1 t •1 .' • .1 •..l � - Il .:l !••�� 1 rl• 1. 1' • "•• 1. 1 � •!! 11 • 1 1.:. 1 1l' •FT!! • 1: ! r 1 • • l • 1" 14 (b ►i • ! When any final ! • 1 has been taken 1 by !Commission. 15 its record, together with . certified copy of minutes ,! • resolutions pertainin' • to such action must be transmitted to the Depgrtment forfiling, and the same Vill 17 be open • the public for1 •g1 • 1 at reasonableand hours, 18 The y . •Vice -Mayor, or S. 1 ; chair of 1 ' Ciri Commiss'• 1 11 , • administer oaths and • ll •i .1 " attendance of witnesses i1 the same !l : I 1 1 prescribed 1 the circuit court. 21 lu 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 141 42 43 �44 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. Deleted: to order Formatted: Font: 12 Pt Deleted: In the event drat Formatted: Font: 12 pt Formatted: Indent: Fast tine: OS - Section 4. Codification. The provisions of this ordinance will become• .... Formatted: lr,da t: First tale: os 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 S. Ordinances In Conflict. All ordinances or parts of ------- Formatted: Indent, Fast tine: os ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repeated. Section 6. Severability. If any section, clause, sentence, or phrase of . ...... Formatted: Indent: Fast Une: o.s 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. Section 7. Effective Date. This ordinance will become effective Upon* Formatted: Indent: First tine: os enactment. PASSED AND ENACTED this Pop 8 of 9 day of . 2021. • - - - - - Formatted: Indent: Left: 05% Tab stops: Mat at 0- 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 IS ATTEST: APPROVED: CITY CLERK MAYOR I" Reading god Reading READ AND APPROVED AS TO FORM- COMMISSION VOTE: LANGUAGE, LEGALITY, AND Mayor Philips: EXECUTION THEREOF Commiss-----ioner Hams: -- ----------- Commissioner Liebman: Commissioner Gil:. CITY ATTORNEY Page 9 of 9 used: I • • - - - - Forautt ed: Indent: Ldt: 0.5' _ oek*ed: vkc bbyor wewx 9 • - - - - - FomuMBd: Indent: Left: 0.5', Tab stops: W at v Page 2: [1] Deleted Thomas 2/25/2021 11:28:00 AM 33 SUNDAY FEBRUARY 111011 MIAMIHERALD.WM CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS NEIGHBORS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stet, the City's Home Rule Powers, and the Governor's and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding Its City Commission Meeting VIRTUALLY through communications media technology (GRAY) until the state of emergency has ended or social distancing Is no longer required by any relevant Executive Orders. Governor Desertis's Executive Order (E.O.) Number 2069 suspended that portion of Section 166.041(4), Fla. Stat., that required a quorum to be present to adopt resolutions and enact ordinances. The Attorney General has Interpreted this to mean that a quorum must be physically present. If E.O. No. 2069 Is extended, City staff and all Commission members will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (hnosl/zoom.u,01/30566363381 and participate. If E.O. No. 20-69 is not extended, a minimum of three members of the City Commissioner will be physically present In the City Commission Chambersand they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday. March 2. 2021 at 2:00 p.m. to consider the following public hearing Item is An Ordinance amending Section 204.4 of the City of South Miami's Land Development Code to amend the parking standards. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, creating new sections 20654 through 205.24.3 to establish administrative procedure for claims of a taking and abrogation of vested rights and related regulations. 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 i oPubb M . 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 305-663-6340. Note that punuam to Florida statutes 2M.0105, a person who decides to appeal any decision made by a Board, Agency or Commission Win respect to any matter considered at Its meeting or hearing, a reeard of the pluothhngs will be required for said appeal and such person will be required to have a verWtim transcript of the proceedings indudingthe testimony and evidence upon which the appeal Is to be based. AM To request a modification to a polity, practice or proredursor to request an auxillarl or serose In order to particierse In a City Fromm. activiryor event. you must on a befeel, p.m. 3 business days before the meeting (not pasture the day of the meeting) dN'rveryour request cache City Clerk by telephone 305-663-6340, by mall at 6130 Sunset Drive. South Al FlorHa aremall at upryne@smnhmiamin gw Nkenga A. Payne, CMC City Clerk 11.-rmum laspends Fa appeil a mok,tinor shaning an wdinan,e are.. forth N ASGasa --A naval plp!memadn adthe awaihe, body the"m,aeashe a axv Manlmareva.. of a manes, of a q,Mure aeeenti, osrnurya.ctaMadi,unreoradoptanym .kt ."' 175E NOTICE IS GIVEN that Public Meetings for the development of the Fiscal Year 2021-22 Budget, including Taxes and Fees, are scheduled to be held on: Monday, February 22, 2021, beginning at 6:00 PM Tuesday, February 23, 2021, beginning at 6!00 PM Wednesday, Febmary 24, 2021, beginning at 6:00 PM Thursday, Febmary 25, 2021, beginning at 9:00 AM To discuss and solicit public input on proposed budget, tax rates and fee changes. On each of these meetings the Office of Management and Budget will make a presentation to discuss the development of Fiscal Year 2021-22 Budget. These meetings will only be held virtually utilizing communications media technology. Interested parties may: (1) join a Zoom meeting to speak, where permissible, or view the meeting by registering in advance of the meeting to avoid delays (Zoom registration will be available beginning February 15, 2021) at: Monday, February 22, 2021, beginning at 6:00 PM httos://miamidade.live/Publ IcMestinaFeb22 Tuesday, February 23,2021, beginning at 6:00 PM httos:t/miamidade.five/PublicNleetiFEE 23 Wednesday, February 24, 2021, beginning at 6:00 PM hffns://miamidade.five/PublicM a etine Feb24 Thursday, February 25, 2021, beginning at 9:00 AM httos://miami dade.live/Pub t i c Me eti n a Fe b25 (2) call in live by phone to speak, where permissible, on an item or to listen to the meeting at 786-756-9400; (3) view a live broadcast on Miami -Dade Television (4) after the meeting, view an archived copy of the meeting at www.mlamidade.eov/webcastinD; or (5) if you are deaf or hard of hearing, you may join the meeting using Florida Relay Service by dialing 711 an your telephone. Closed Captioning will be available for all meetings. All interested parties may appear and be heard at the time and place specified. Miami -Dade County provides equal access and equal opportunity in its programs, services and activities and does not discriminate on the basis of disability. if you have any questions or require additional information regarding the virtual meeting, please call the Cities of Management and Budget at 305-375-5143. For material in alternate formal, a sign language interpreter, Communication Access Real-time Translation (CART) services, and/or any accommodation to participate in any County - sponsored program or meeting, please call 305-375-5143 or send an e-mail to: carolina.accstalifimiamidade.Dov at least five days in advance of the meeting. 44 r MIAMI DAILY BUSINESS REVIEW Publish,M Dnily oxcepl 5aturaty. Surol nM legal I1011days MIOmi, Wirm Dade Grimly. I'rondo STATE OF FLORIDA COUNTY OF MIAMI-DAVE: Before the undersigned authority personalty appeared GUILLERMO GARCIA, who an oath says that he or she is the DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Uado County. Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARINGS - MAR. 2, 2021 in the XXXX Court, was published in said newspaper in the issues of 02/19/2021 Affiant further says that the said Miami Daily Business Review is a newspaper published at Mmmi, in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Mlam-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 precoding the lint publication of the attached copy of adverifsoment; and af0ant fanhor 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 newspaper. p S.N. and subscribed before me Ill 18 yqf EB Y, A.D. 2021 Ake/ GUILLERMO GA CIA personally known to me CH11116 t81LYNN RAVIX Commission 8 GG 277771 "J_ Expires November 19, 2022 ,,,W BonEed7lNuTroy Fan lnsura1rce 500.3s5.7019 �OUTyy e" 2 > V m covvo�ry rnz> P A� O RtV CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011. Fla. Star, the City's Home Rule Powers, and the Governor's and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting VIRTUALLY through communications media technology (GMT) until the stale of emergency has ended or social distancing is no longer required by any relevant Executive Orders. Governor DeSanfis's Executive Order (E-01 Number 20-69 suspended that portion of Section 166.041(4), Fla. StaL, that required a quorum to be present to adopt resolutions and enact ordinances. The Attorney General has interpreted this to mean that a quorum most be physically present. If F 0. No. 20-69 is extended, City staff and all Commission members will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https7/zoom_us/i/3056636338) and parficipate. If E.O. No. 20-69 is not extended, a minimum of three members of the City Commissioner wiil be physically present in the City Commission Chambersl and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tub, March 2021 at 7:OD om, to consider the following public hearing 0em(s): An Ordinance amending Section 20-4.4 of the City of South Miami's Land Development Code to amend the parking standards. An Ordinance amending the City of South Miami Land Development Code, Chapter 20, creating new sections 20-524 through 20-524.3 to establish administrative procedure for claims of a taking and abrogation of vested rights and related regulations. 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 httpJ/"w.southmiamitigov/5B0/Public-Meetings-Notices. Anyone who wishes to review pending application, suppofing documentation or who desire to have documents made available for viewing by everyone during the meeting most contact the City Clerk by calling 305-663-6340. 9£ Note that pursuant to Flodda 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 mid 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. AUX 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. activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (riot counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6W, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne4itsouth rfami0.gov. Nkenga A. Payne, CIVIC City Clerk 1The minimum standards for adopling 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. --- yio 21-100/0000514519M 742.