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Ord No 04-21-2394ORDINANCE NO.04-21-2394 An Ordinance amending Section 20-2.3 of the City of South Miami's Land Development Code to amend several definitions and affecting the ownership, sale, lease and mortgage of unified parcels and two-family dwellings. WHEREAS, the Land Development Code (LDC) defines terms used throughout the code; and WHEREAS, the term Unity of Title is narrowly defined and precludes situations where more than one person or entity has an ownership interest in a property; and WHEREAS, ownership of property by more than one person or entity is not uncommon; and WHEREAS, the terms used to describe places of habitation are confusing, redundant and use other words that are neither used or defined in the LDC; and WHEREAS, on January 12, 2021, the Planning Board held a public hearing on the ordinance and voted unanimously to recommend approval of the proposed amendment; and WHEREAS, the City desires to amend the definitions section of the LDC. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. Section 20-2.3 Definitions of the City's Land Development Code is hereby amended to read as follows: Section 20-2.3 Definitions. Dwelling or Dwelling Unit. Sall Means a buildi structure or a ortion of a structure occupied exclusively for residential purposes by one (1) ef-a family .aandGGA$iS+lr` of met FneFe than „Re (1) housekeeping unit tham is ---Red fGF Geeking, diF;*I;Q. 606ali��iqg living 9F�:� sleeping . Each Dwelling Unit is limited to one kitchen. . The word "Ddwelling" includes , single-family houses, and each of the units of two-family homes, duplexes townhouses, and multi -family structures. dwek;gsl Fees, ree ng units and as well as the general premises where the unit is located, but sha4 does not include recreational vehicles or camp trailers. Dwelling, multi -family. Sbalt Means a residential structure designed f9F GF GGGUpiedby with three (3) or more Dwelling Units, each occupied by one (1) family. families. Dwelling, single-family. Shall Means a residential structure surrounded by a yard or other open space on the same lot, designed for or occupied exclusively by one (1) family. It does not include spaces that meet the definition of and are occupied as Rooming Units. Page 1 of 3 Ord. No. 04-21-2394 Dwelling, townhouse. (See "Townhouse"). Dwelling, two-family. Shall Means a residential structure designed for eF-ass .. 4-by two (2) families. Two-family dwellings structures may take the form of split levelduplexes two-story structures, where the two (2) dwellings in the structure are placed one over the other in whole or in part; or semi- detached "twin" dwellings, where the two (2) units in the building are separated by a common wall. In either case, each unit in a two-family structure has a separate access and is serviced independently of the aAother. Each of the two units may be owned separately and conveyed separately provided the owner(s) of the two units create a master operating agreement by recording a covenant that conforms to the substance of Section 33-257(2)[Ord. No. 98-125, -421, 9-3-981 of the Miami -Dade County Code. as sepaFate living quaFteFs by a single family OF otheF 9FOUP Of PeFSGRG living tGgetheF as a h9usehold, GF Unity of title. A covenant running with and binding the land, executed by pad-betweeA one or more a property owners whereby the property ownerL , for a specified consideration iven by the City, agrees that the lots and/or parcels of land that are required to be united by the City's Land Development Code shal-may not be conveyed, sold, transferred, devised, assigned, mortgaged aAdEor leased separate and apart from each other and that they shad must be held together as one tract with the understanding that: (a) If there are multiple offices, apartments, or condominium units, the Unity of Title does not prohibit the leasing of individual offices, or apartment units, the recording of a declaration of condominium on the Property or the individual sale of condominium units, provided the conveying or leasing document is approved as to form and substance by the City Attorney and stating that it is subject to and bound by the Unity of Title and that the Unity of Title takes precedence and governs any ambiguity or conflict between the two documents: and (b) the Unity of Title does not prohibit a sale or mortgage of one or more of the unified parcels provided the applicable conveyance or mortgage document, approved as to form and substance by the City Attorney, contains the same terms, condition, restrictions and understandings as the Unity of Title. Nothing contained herein may be construed to exempt property from taxation when the property is not tax exempt at the time of the unification of title. 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 for signature. Section 4. Codification. The provisions of this ordinance shall become and be made part of the City of South Miami Code of Ordinances 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. Page 2 of 3 Ord.No. 04-21-2394 Section 6. Severabitity. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 16", day of February, 2021. ATTEST: APPROVED: N , Z y CITY ftERK AYOR 151 Reading - 2/2/21 2nd Reading - 2/16/21 READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTI THERj= 7�, ?�� CIrY ATTORNEY COMMISSION VOTE: 4-0 Mayor Philips: Yea Vice Mayor Welsh: Absent Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 3 of 3 Agenda Rem No:5. City Commission Agenda Item Report Meeting Date: February 16, 2021 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Rem Type: Ordinance Agenda Section: Subject: An Ordinance amending Section 20-2.3 of the City of South Miami's Land Development Code to amend several definitions and affecting the ownership, sale, lease and mortgage of unified parcels and two-family dwellings. 3/5 (City Manager -Planning Dept.) Suggested Action: Approval Attachments: Definitions —Amendments —Cover —Memo (2).docx ORD_Amending_Defin itions01.12.2021PBdAmendmentsCArevSPCArev2.docx P13-21-001- Final PB ReguIarMeeting Minutes Excerpt - 01-12-2021.pdf ORD_Amending_Definitions01.12.2021PBdAmendments (1).docx MDBR Ad.pdf Miami Herald Ad.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission VIA: Shari Kamali, City Manager FROM: Jane K. Tompkins, AICP, Planning Director DATE: February 16, 2021 SuaJEcr: An Ordinance amending Section 20-2.3 of the City of South Miami's Land Development Code to amend several definitions and affecting the ownership, sale, lease and mortgage of unified parcels and two-family dwellings. BACKGROUND: Recently, staff discovered some problems with the Land Development Code (LDC) that seemed best addressed through amendments to the definitions section (Sec. 20-2.3). The first problem concerns two-family dwellings and was discovered when the developer of a new two-family dwelling tried to sell the units separately. Although separate ownership of the units in these structures is typical, the LDC does not clearly recognize this possibility. Consequently, the county has denied the developer's request to create two separate folios for the property. Staff believes the best solution to this problem is an amendment to the definitions to recognize that the units may be conveyed separately. The second problem staff wishes to address concerns developments with multiple owners. The LDC currently allows multiple lots to be developed as one project if the lots are owned by the same entity; this is called a unity of title. However, the code doesn't contemplate situations where the properties have different owners. Staff believes changes to the definition can resolve this problem as well. ANALYSIS'. The proposed ordinance amends the dwelling, two-family definition to confirm that separate ownership of the units is permitted. Minor changes to the other dwelling types are proposed to improve clarity, accuracy and consistency with the regulations. Unity of title is amended to recognize the possibility of multiple ownership and the rights of individual owners to mortgage, lease and convey their interests. PLANNING BOARD RECOMMENDATION: After a public hearing on January 12, 2021, the Planning Board unanimously recommended approval of the proposed ordinance with two amendments. The Board's amendments have been incorporated in the attached ordinance. 2 PB-21-001— Definitions amendment February 2, 2021 Page 2 of 2 STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance. Attachments: • Draft Ordinance • City Notice of Public Hearing • Legal Ad CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, January 12, 2021 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 S100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not -for -profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.eov). Call to Order Action: Ms. Ruiz called the meeting to order at 7:03 P.M. Mr. Pepe provided the Board and public with the rules for the meeting. II. Roll Call Board Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller (Vice -Chairperson), Mr. Lee Jacobs, Mr. Brian Corey, Mr. Bruce Baldwin and Ms. Lisa Bonich. Board Members Absent: Mr. Orlando Borges City Staff Present: Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Thomas Pepe. III. Administrative Matters 7 1. Election of Chairman and Vice -Chairman Mr. Pepe provided the Board with an explanation as to why the elections were on the agenda. Ms. Ruiz then stated that she was appointed chair at the after the City elections that were held in February 2020. Mr. Pepe then asked Staff if they had any competent and substantial evidence to support the election being held at the meeting. Ms. Tompkins responded that she did not have any competent or substantial evidence. She then added that it has been the past practice to hold the elections in January. In the past, the Board has waited to discuss the item until all of the members are present. Ms. Ruiz stated that it was a good idea to wait since not all of the Board members were present. She then asked the Board if they agreed, to which the members of the Board agreed. Ms. Ruiz informed the Board that all future Planning Board meetings will continue via Zoom until further notice. IV. Public Hearings: 1. PB-21-001 Applicant: The City of South Miami An Ordinance amending Section 20-2.3 of the City of South Miami's Land Development Code to amend several definitions and affecting the ownership, sale, lease and mortgage of unified parcels and two-family dwellings. Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director) Ms. Ruiz read PB-21-001 into the record. Ms. Tompkins presented the staff report to the Board. The Chairperson opened the floor to public comments on PB-21-001. • None The Chairperson closed the floor to public comments on PB-21-001. Mr. Corey asked a question about the relation between the changes proposed in the draft ordinance, to which Ms. Tompkins responded that there was no relation between the proposed changes. Staff identified a problem with the "Two -Family Dwelling" use and took the opportunity to clean up some other changes as well. Mr. Miller asked if the builder built the property knowing that he was going to have this issue and felt that it would be easier to ask the City for a split into two (2) separate properties once the project was finished. Ms. Tompkins responded that if it was the City's intent that the property should have been split, it should have been stated during the planning phases of the project and not issue the building permit. Jay then asked if the City knew what the developer was proposing to do, to which Ms. Tompkins stated yes. Mr. Miller then asked if the City knew of his intent to sell each unit individually, to which Ms. Tompkins stated that she could not answer that question because those discussions took place prior to her working for the City. Mr. Pepe added that Miami -Dade County was giving individual folio numbers to townhouses and condominiums but 8 not for two-family dwellings. Mr. Pepe then stated that the issue was with Miami -Dade County and explained that the County has a process that requires a covenant running with the land that would address the developer's problems. He then stated that it was easier to revise the definition so that it refers to the Miami -Dade County regulations. Mr. Miller asked for clarification on the amendment to the definition of the Unity of Title. Ms. Tompkins explained that Baptist Hospital has multiple properties owned by various for profit and non-profit branches of the company. Baptist wants to use one of the properties as a parking lot, but the Land Development Code (LDC) does not allow for a stand-alone parking lot in their zoning district, so the solution seemed to develop it as part of one of the office buildings and not be a stand-alone parking lot. Mr. Pepe stated that because Baptist has various branches that are either non-profit or for profit, they may try to bring all of their properties under the non-profit branch so that they're all tax exempt. Mr. Miller asked if the owner uses two (2) entities, are they going to use the non-profit entity to use the additional protections created by non-profit status. Mr. Pepe stated that additional language could be added to address the non-profit status of the business. The Board then held a discussion on the non-profit status of an entity. Mr. Jacobs asked if the draft ordinance was an effort to make nonconforming duplexes conform to the LDC, to which Ms. Tompkins stated no. if the new legislation is approved, it would allow for them to be sold separately. Mr. Jacobs there were some setback requirements that weren't included in the project for duplex. Ms. Tompkins stated that the zoning district has setback requirements for duplexes. Mr. Jacobs asked if the following statement in the draft ordinance was new: "...recording a covenant that conforms to the substance of Section 33-257(2)[Ord. No. 98-125, §21, 9-3-98] of the Miami -Dade County Code and that is approved as to form and substance by the City Attorney." Mr. Jacobs then asked if the City Attorney will be reviewing each project. Ms. Tompkins responded that the whenever a project requires a covenant, the City Attorney reviews it before it is signed by the City. Ms. Ruiz stated that part of her professional work involves condominiums and homeowner associations. She then asked if covenants for homeowner's associations and condominiums would need to be approved by the City Attorney as well which is something that she's never heard of. She then stated that Mr. Pepe stated that the language was added because we are using requiring that the covenant conforms to substance of the regulations listed in Miami -Dade County's Code of Ordinances, which gives the City Attorney the authority to review and confirm that it is in compliance with the substance. Mr. Pepe then added that the regulations listed in the Miami - Dade County Code of Ordinances doesn't exactly fit this situation. Because of that, the language was added so that the covenant could be reviewed to make sure it complies with the substance in the County Code of Ordinances. E Ms. Ruiz asked what the requirements were, to which Mr. Pepe stated that those requirements weren't added. Ms. Ruiz then stated that there may be issues with looking into the form and substance of a project's covenant, to which Mr. Pepe stated they he would be looking to whether the covenant meets the form and substance of the County regulations. After discussing the issue with the City Attorney's review of the covenants, Mr. Pepe responded that he would remove the statement from the ordinance. With no further discussion, the Board made a motion on the item. Ms. Ruiz asked Mr. Pepe what language should be added to the Unity of Title portion of the ordinance. Mr. Pepe responded that the following language should be added at the end of the Unity of Title Definition: "Nothing contained herein may be construed to exempt property that is non -tax exempt at the time of the unification of title." Motion: Ms. Ruiz moved to amend PB-21-001 and add the following changes: 1. Removal of Line #54 and Line #55 where it states "...approval as to form and substance by the City Attorney." in the "Two -Family" section of the ordinance; and 2. To add the following statement at the end of the new definition: "Nothing contained herein may be construed to exempt property that is non -tax exempt at the time of the unification of title. " Ms. Bonich seconded the motion. Vote: Yes 6. No 0 (None) Mr. Miller: Yes Ms. Bonich: Yes Mr. Baldwin: Yes Mr. Jacobs: Yes Mr. Corey: Yes Ms. Ruiz: Yes The motion to amend PB-21-001 was approved unanimously. Motion: Ms. Ruiz moved to approve PB-21-001 as amended. Ms. Bonich seconded the motion. Vote: Yes 6. No 0 (None) Mr. Miller: Yes Ms. Bonich: Yes Mr. Baldwin: Yes Mr. Jacobs: Yes Mr. Corey: Yes Ms. Ruiz: Yes 10 The motion to approve PB-21-001 as amended was approved unanimously. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no Public Comments. New Business Section There were no Public Comments. The Chairperson opened the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of November 10, 2020: Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Mr. Miller. Vote: Yes 6. No 0 (None) Mr. Miller: Yes Ms. Bonich: Yes Mr. Baldwin: Yes Mr. Jacobs: Yes Mr. Corey: Yes Ms. Ruiz: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII. Future Meeting Date: February 9, 2021 VIII. Adjournment The meeting was adjourned at 8:18 P.M. s 11 '01N 7I: ra\:Eli =1a*] 3 An Ordinance amending Section 20-2.3 of the City of South Miami's Land 4 Development Code to amend several definitions and affecting the ownership, sale, 5 lease and mortgage of unified parcels and two-family dwellings. 6 7 WHEREAS, the Land Development Code (LDC) defines terms used throughout the code; and 8 9 WHEREAS, the term Unity of Title is narrowly defined and precludes situations where more than 10 one person or entity has an ownership interest in a property; and 11 12 WHEREAS, ownership of property by more than one person or not uncommon; and 13 14 WHEREAS, the terms used to describe places of habitatio fusing, redundant and use other 15 words that are neither used or defined in the LDC; and 16 17 WHEREAS, on January 12, 2021, the Planning B el public g on the ordinance and 18 voted unanimously to recommend approval of the propo a ment; and 19 20 WHEREAS, the City desires to amend the definitions sect(pn of the LDC 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE 23 CITY OF SOUTH MIAMI, FLORIDA: 24 -'' 25 Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set 26 forth herein and as the legislative intent of this Ordinance. 27 28 Section 2. Section 20-2.3 Definitions of the Citynd Devel entCode is hereby amended to 29 read as follows: 30 31 Section 20-2.3 Definitions. 32 ` * ' 33 Dwelling-or.Dwelling Unit. Shall Means a buildiag-structure, or a portion of a structure. occupied 34 exclusively for residential purposes and consisting of not more than one (1) family h9usekeeph4q-wP,4-that 35 is used for cooking, dining, socializing. Nwng-eF and sleeping purposes. The word "dwelling" includes shall 36 he reeler to nce reeFRer nG^ d^^Ffib edte FtG i^^' ode-dwelling-ualts single-family houses, two-family, duplexes townhouses, multi -family 37 dwellings, reeFaing#reuse& reoPaingtAn is and premises, but sh" does not include recreational vehicles 38 or camp trailers 39 Dwelling, multi -family. Shah Means a residential structure designed f9F-er essupied by with three 40 (3) or more units, each occupied by one (1) family tarailies- 41 Dwelling, single-family. Shall Means a residential structure surrounded by a yard or other open 42 space on the same lot, designed for or occupied exclusively by one (1) family. It does not include spaces 43 that meet the definition of and are occupied as Rooming Units. 44 PW811;Rg, siAgle family detaghed. Shall FPeaR a single family dwelling surrounded by yards o 45 other open spaces on the RarnA Int. 46 Dwelling, townhouse. (See "Townhouse"). 12 47 48 49 50 51 52 53 54 55 56 Dwelling, two-family. Shag Means a residential structure designed for er essupied by two (2) families. Two-family dwellings structures may take the form of split level duplexes two-story structures, where the two (2) dwellings in the structure are placed one over the other in whole or in part; or semi- detached "twin" dwellings, where the two (2) units in the building are separated by a common wall. In either case, each unit in a two-family structure has a separate access and is serviced independently of the aaother. Each of the two units may be owned separately and conveyed separately provided the 31101- : r — rrlmr= 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Unity of title. A covenant running with and binding the land. executed by and hebAFRPA one or more a property owners and the Gity ef South Miami, whereby the property owner(s), for a specified consideration ig yen by the City, agrees that the lots and/or parcels of land 49 site that are required to be united by the Citv's Land Development Code spalL-may_nct be conveyed, sold, transferred, devised, assigned, mortgagedaadI r leased separate and apart from each other and that they sha44 must be held together as one tract with the understanding that: (a) If there are multiple offices. apartments, or condominium units, the Unity of Title does not prohibit the leasing of individual offices or 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 for signature. Section 4. Codification. The provisions of this ordinance shall become and be made part of the City of South Miami Code of Ordinances as amended; that the sections of this ordinance may be renumbered or re -fettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 6. Ordinances in Conflict All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 6. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. 13 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 Section 7. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this _ day of 2021. ATTEST: CITY CLERK 10 Reading 2nd Reading READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY I.119G101VA"s MAYOR COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh Commissioner Harris: Commissioner Liebman. Commissioner Gil. 14 MIAMI DAILY BUSINESS REVIEW Publisnod Del, except Saturday. Sunday and Legal Hoficul Miami, Mu a! ade County. Florida STATE OF FLORIDA COUNTY OF MIAN I-0ADE: Before the undersigned authority personalty appeared GUILLERMO GARCIA, who on oath says that he or she Is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daly Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - PUBLIC HEARINGS- FEB. 16, 2021 In the XXXX Court, was published in said newspaper in the issues of 02JO512021 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second clan mail matter at the post office in Miami in said Miami -Dade County. Fonda, for a period of one year next preceding the first publication of the attached copy of advertisement; and agent further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of searing this advertisement for publication in the said newspaper. Sword to and subscribed before me this 5 dayA FEBRUARY, A.D. 2021 (SEAL) GUILLERMO GARCIA personalty known to met CHRISMLYNNRAVIX 1 Commission 4 GG 277771 i,yro1 Expires November 19, 2922 Boded TNuTmy FaN Insurance EM4*7619 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 citirens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla.Stat, 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 (CMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. Governor DeSantis's Executive Order (EO.) Number 20-69 suspended that portion of Section 166.041(4), Fla. Star.. 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. 20-69 is extended, City staff and all Commission members will participale by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (h_itpsl�zoo�3o5 6636F-3-38J 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 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 Tuesday, February16, 2021 at 7:00 p.m. to consider the fellovring public hearing'dem(5): An Ordinance amending Section 20-4.4 of the City o1 South Miami's Land Development Code to amen the parking standards. An Ordinance amending Section 20.2.3 of the City of South Miami's Land Development Code to amend several definitions and affecting the ownership, sale, lease and mortgage of unified parcels and two-family dwellings. It 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 http;//cvnvw.�outhmiaLnifiaov/580/eLb_rLc-Meetings-NOtices. 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. 15 C '�Oa+h "601 1 Note that pursuant to Flonda Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to ony 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 lranxtipt of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to re- quest 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 (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340. by mail at 613o Sunset Drive, South Miami, Florida or email at npaynelirsoulhmlamill.gov. Nkenga A Payne, CMC City Clerk tThe minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) — A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any -6resolution. 122* 2/6 16 SUNDAY FEBRWRaR 2021 MIAMIHERALDCON FLORIDA KEYS Tourist snorkeling near lighthouse off Key West gives signal, then dies, police say BY GIVEN EILaaA 1fifmaOffaO -- A 42-year-old North Carolina woman died Sun- day after she signaled for help while snorkeling off Key West, police said. Erica Michelle Brown was taken to Lower Keys Medical Came- on Stock Island when , was pro- MIAMI BEA(d NEIGHBORS 1A, W. A42-year-old North Carolina woman died Jan. 31, 2021, after signaling for help while snorkeling off Key West, police said. nounced dead at about 5:35 p.m. Brown had been snorkel- ing near the Sand Key Lighthouse with friends and family on a Fury Water Adventures Key West trip when she began signaling for help, according to Mon- roe County Sheriffs Office spokesman Adam Lin- hardt. She was given CPR on the Fury boat before being transferred to a U.S. Coast Guard boat, where CPR continued, Unhardt said. Brown was taken to shore, where paramedics were waiting. The sheriffs office was notified of the incident at 5:19 p.m. Autopsy results are pending, Linhardt said. Gwen Filosa: KeyWestrGwen Man's body is found in the water not far from Eden Roc Hotel Miami Beach, cops say By CARLI TEPROn nm IlwmamJv.J, r, A 911 call came in Wednesday afternoon reporting that a body was in the waterway, across the street from the Eden Roc Hotel Miami Reach. When police arrived at around 3:45 p.m_ near 45th Street and Collns Avenue, officers found a body float- ing by the dock. Police say the man did not have am' idm[ification. His body will be arms - parted to the medical ex- aminer's office, where an autopsy will done to deter- mine the cause ad death, Miami Beach police are investigating after a man's body was found in the bay near 45th Street and Collins Avenue. 19SE 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 cifuens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011. Fla. Slat, 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 (CMT) unlit the stale of emergency has ended or social distancing Is no longer required by any relevant Executive Orders. Governor DeSantis's Executive Order (E.O.) Number 20.69 suspended that potion of Section 166.041(4), Fla. Stet., 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. 20-691s extended, City staff and all Commission members will participate by video confe mdrg through the Zoom platform and members of the public may join the meeting via Zoom at (httns-//zoom.us/ /3056626338) and par8clpate. If E.O. No. 204191s not extended, a mnimum of three members of the City Commissioner will be physically present In the City Commission Chambers' and they WIN 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 February 16 2021 at 7,00 p.m. to consider the following public hearing ilem(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 Section 20-2.3 of the City of South Miami's Land Development Coda to amend several definitions and affecting the ownership, axis, lease and mortgage of unified parcels and two•famlly dwellings. 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 htt-1/iNvo••• 4h I mill aov/580'Publ'c-Mee6ng"otices. 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 305663-6340. 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 ev elence upon which the appeal Is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate In a City program, 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: 305-663-6340. by mall at 6130 Sunset Drive, South Miami, Florida or email at npayn0southmlamlfi.gov. Nkenga A. Payne, CMC City Clerk said Ernesto Rodrigues, a was immediately available. 'The minimum standards Ior adopting a resolution or enacting an ordinance are ad forth in spokesman for Miami 166.041(Al " A majority of the members of the governing body shell constitute a quorum. Beach police. Carh Teproff' An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or No other information 305-376-3587, @cteprpff adopt any resolution. "' 17