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Ord No 13-22-2434ORDINANCE NO. 13-22-2434 An ordinance amending the City of South Miami Land Development Code Sections 20- 2.3, 20-3.3(D), and 20-3.6 to include and regulate home-based businesses and to amend definitions. WHEREAS, the Land Development Code (LDC) includes provisions related to home- occupations; and WHEREAS, it has been determined that amendments are necessary to update the regulations in accordance with a newly created State statute, Section 559.955; and WHEREAS, after a public hearing on April 12, 2022, the Planning Board voted unanimously to recommend approval of the ordinance; and WHEREAS, the City Commission desires to amend the Land Development Code provisions regarding residential care uses. 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. read as follows: Land Development Code Section 20-2.3 Definitions is hereby amended to Historic survey. Shall mean a comprehensive survey involving the identification, research and documentation of sites and structures of any historical, cultural, archeological or architectural importance within the City of South Miami. Home-based business. Shall mean a business that operates, in whole or in part, from an improved residential property and meets the criteria in Section 559.955, Florida Statutes and the minimum standards in Section 20-3.6 of this code. * * * Section 3. Land Development Code Section 20-3.3(D) Permitted use schedule is hereby amended to read as follows: Page 1 of 5 Ord. No. 13-22-2434 p = s = COND = PARK = SECTION 20-3.3(0) PERMITTED USE SCHEDULE PERMITTED BY RIGHT PERMITTED AS SPECIAL USE SPECIAL USE CONDITIONS (See Section 20-3.4) PARKING REQUIREMENTS (See Section 20-4.4{8) and as modified by Article VIII to TODD parking) X = No conditions were adopted USE TYPE I ZONING DISTRICT R R R R R R R R R R L M N S G M T T T T T T H P R P D S S S S S T T M M O O O R R R U O O O O O 0 R S *** 1 2 3 4 5 6 9 1 2 8 4 I I I I I , I j I Group Home II Unlicensed S S S S S S S S S (6 or less) i I I I ~ Oee~i:iatiaA Home-based i Businesses P P P P P P P P P i P accessory to a dwelling unit4 *** ; i i I i I ! I I I l p , ADDDDDD 1 I H D D D D D D :M M M M P P I UUUUI R 4 5 6 M I ! l I I l I i i i I I I l i i ! 1 I i I s s ,s ,s I I i i I I I p i ! t I I ! i i : I I . I I I I I I ! I l i I I I p I C p 0 A .N R 1D K i ! I I I 4 Parking shall be provided based on the standard required for the particular use that is operating as a home-based business. Page 2 of 5 l Ord. No. 13-22-2434 Section 4. Land Development Code Section 20-3.6 Supplemental regulations is hereby amended to read as follows: (P) Home Occ1:Jp9#on5 Based Businesses. (1) Home occupations based businesses are businesses that operate in whole or in part from a residential property. It is the intent of this section to provide minimum standards for home-based businesses in order to ensure compatibility with surrounding land uses and consistency with Section 559.955, Florida Statutes. Home- based businesses shall be conducted permittee in an occupied residential unit in accordance with these standards. Community Residential Homes and Family Day Care Homes as defined by Florida Statutes shall be permitted in residential zoning districts in accordance with applicable statutes and are not subiect to the requirements of this section. pro,,«ieee the·, compl·t with the follo·Ning: (a) Occupational The activities of the home-based business shall be secondary to the property's use as a residential dwelling. at the resieential unit shall be clearl't incidental ane suboreinate to tl=le residential activities. (b) .'\II emplo·1ees ·11orlEing at tl=le resieential unit sl=lall all resiee ane occup-1 the resieential unit as tl=leir primary resieence. The employees of the business who work at the residential dwelling must also reside in the residential dwelling, except that up to a total of two employees or independent contractors who do not reside at the residential dwelling may work at the business. The business may have additional remote employees that do not work at the residential dwelling. (c) No goods for resale or services sl=lall be dispensee eirectl'; on tl=le site. The home- based business may not conduct retail transactions at a structure other than the residential dwelling; however, incidental business uses and activities may be conducted at the residential property. (d) No gooes sl=lall be eispla,,eet for sale or as samples on tl=le site. (e) No customers shall be servicee in person on tl=le site in an·t wa·1 nor sl=lall tl=le occupation be coneuctee in an·t wa,, which 'Noule necessitate customers visiting tl=le site. The activities of the home-based business must be secondary to the property's use as a residential dwelling. (f) All goods, material and/or equipment, other than motor vehicles, which are used off the site shall not be stored on the site. (g) No signs relating to the home occupation or any business shall be located on the site. (h) Tl=lere shall be no cl=lange in tl=le 01:1tsiee resieential cl=laracter of the b1:1ilding or premises, incl1:1ding s·Nale area, as a res1:1lt of tl=le cone1:1ct of s1:1cl=l l=lome occupation. As viewed from the street, the use of the residential property must be consistent with the uses of the residential areas that surround the property. Page 3 of 5 Ord. No. 13-22-2434 External modifications made to a residential dwelling to accommodate a home- based business must conform to the residential character and architectural aesthetics of the neighborhood. (i) Tl=lere sl:lall be Ao iAcrease iA traffic at tl:le site as a resYlt of tl:le ocrnpatioA. Parking related to the business activities of the home-based business must comply with the requirements of the Land Development Code and the need for parking generated by the business may not be greater in volume than would normally be expected at a similar residence where no business is conducted. Vehicles and trailers used in connection with the business must be parked in legal parking spaces that are not located within the right-of-way. on or over a sidewalk. or on any unimproved surfaces at the residence. No heavy equipment shall be parked or stored at the business which is visible from the street or neighboring property. For purposes of this paragraph. the term "heaw equipment" means commercial, industrial, or agricultural vehicles. equipment. or machinery. U) Tl=lere sl:lall be AO iAcreaseEI ElemaAEI OR cit·, services at tl=le site as a resYlt ofthe occYpatioA. The business activities shall comply with the Land Development Code and Code of Ordinances with respect to equipment or processes that create noise. vibration, heat. smoke. dust. glare, fumes. or noxious odors. (2) Home-based businesses occYpatioAs which do not conform to all of the above standards shall be prohibited. (3) Permission to have a home-based business occypatioA shall require the submission of a home-based busines~ occypatioA license application to the Building Department. The application must be accompanied by: (a) If the applicant for a home-based business occYpatioA does not own the property on which the business will be operated, a notarized statement of authorization to conduct the business on the premises from the property owner must be submitted along with the application form before a license is issued. (b) A sworn affidavit on a form prepared by the City, which form confirms that the home-based business occypatioA will conform to all of the standards contained herein and agreeing that the City, upon probable cause to believe that there is a violation of one or more of the standards so stated, may inspect the property to determine if there is a violation. Failure to allow an inspection will result in the automatic cancellation of the certificate of use and Business Tax Receipt. Failure to correct code violations, after notice, will also result in the cancellation of the certificate of use and Business Tax Receipt. (4) An occupational license and annual certificate of use shall be obtained for any home: based business ocrnpatioA. Page4 of 5 Ord. No. 13 -22-2434 Section 5. 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 6. Codification. The provisions of this ordinance are to become and be made part of the City of South Miam i Code of Ordinances as amended; the sections of this ordina nce may be renumbered or re-l ettered to accomplish such intention; and the word "ordinance" may be changed to "section" or other appropriate word. Section 7. Ordinances in Conflict. A ll ordinances or parts of ordinances and all sections and parts of ordinances in direct conflict herewith are hereby repealed. Section 8 . Severability. If any sec tion, clau se, sentence, or phrase of this ordinance is for any reason held inva lid or unconstitutiona l by a court of competent jurisdiction, this holding will not affect the validi t y of the remaining portio ns of this ordinance. Section 9. Effective Date. Thi s ordinance is effective upon enactment. PASSED AND ENACTED THIS 17th day of May, 2022. ATTEST: 1st Reading: 5/3/22 2nd Read in g: 5/17 /22 AS TO FORM, Page 5 of 5 APPROVED: COMMISS ION VOTE: Mayor Philips: 5-0 Yea Commissioner Corey: Yea Commissioner Gil: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Agenda Item No:7. City Commission Agenda Item Report Meeting Date: May 17, 2022 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(D), and 20-3.6 to include and regulate home-based businesses and to amend definitions. 5/5 (City Manager-Planning Dept.) Suggested Action: Approval Attachments: Cover Memo re Home Occupations.docx Home_Based_Business_Ordinance_050322 CC amendment.docx PB-22-009 - Draft PB Regular Meeting Minutes Excerpt - 04-12-2022.pdf MDBR Ad.pdf MH Ad.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER 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:May 3, 2022 SUBJECT: An ordinance amending the City of South Miami Land Development Code Sections 2.3, 20- 3.3(D), and 20-3.6 to include and regulate home-based businesses and to amend definitions. REQUEST: To update the Land Development Code provisions for home-based businesses and bring them into compliance with State law. BACKGROUND: The Land Development Code (LDC) includes provisions related to home-occupations, which are allowed subject to certain conditions. In 2021, the State of Florida adopted Sec. 559.955, F.S. whichrestricts how local governments can regulate these uses. The proposed ordinance has been drafted to bring the South Miami Land Development Code (LDC) into compliance with this new State law. ANALYSIS: The ordinance makes the following changes to the LDC: * Adds a definition of Home-based business as the use is not currently defined. * Amends Sec. 20-3.3(D) Permitted use schedule to reflect the name change consistent with the state’s terminology and to indicate that the business shall provide parking based on the standard required for the particular use. * The ordinance also incorporates, essentially verbatim, the provisions of the new law. The table below provides a comparison of the new provisions with the existing provisions. New Provision Existing Provision to be Deleted Two employees or independent contractors who do not reside at the dwelling may be employed by the business. All employees must reside and occupy the dwelling as their primary residence. Retail transactions may not occur at a structure other than the residential dwelling No goods for resale or services shall be dispensed directly on the site. As viewed from the street, the use of the residential property must be consistent with No change in the outside residential character of the building or premises. 2 THE CITY OF PLEASANT LIVING Ord. re Home-based businesses May 3, 2022 Page 2 of 2 the uses of the residential areas that surround the property. External changes to the dwelling must conform to the residential character and architectural aesthetics of the neighborhood Several provisions regarding traffic and parking are added: * parking for the business must comply with the LDC and the need for parking generated by the business can’t be greater in volume than would normally be expected in a residence with no business activity * Vehicles and trailers used by the business must be parked in legal parking spaces that aren’t over the right-of-way or sidewalk or on an unimproved surface * No heavy equipment shall be parked or stored which is visible from the street or a neighboring property A statement that there shall be no increase in traffic at the site as a result of the occupation is being deleted. The business activities shall comply with code requirements with respect to equipment or processes that create noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors. No comparable provision exists. REMOVED: requirement that the activity not increase demand for city services at the site. Adoption of the ordinance will ensure that the City’s regulation of home-based businesses conforms with the new state law. PLANNING BOARD RECOMMENDATION: After a public hearing on April 12, 2022, the Planning Board voted unanimously in favor of the proposed ordinance. STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance. Attachments: Draft Ordinance City Notice of Public Hearing Legal Ad 3 1 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, April 12, 2022 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A -5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foresee ably 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 in formation at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city’s website (www.southmiamifl.gov). I. Call to Order Action: Ms. Bonich called the meeting to order at 6:59 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. Lisa Bonich (Chairperson), Mr. Jay Miller (Vice- Chairperson), Mr. Lee Jacobs, Mr. Orlando Borges, Mr. Subrata Basu, Mrs. Michelle Readon, and Ms. Guirla H. Dodard. Board Members Absent: None City Staff Present: Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Thomas Pepe, Esq. III. Administrative Matters None at this Time 9 2 IV. Public Hearings: 1. PB-22-009 Applicant: The City of South Miami An ordinance amending the City of South Miami Land Development Code Sections 20 -2.3, 20- 3.3(D), and 20-3.6 to include and regulate home-based businesses and to amend definitions. Applicant: The City of South Miami, represented by represented by Ms. Jane Tompkins, AICP (Planning Director) Ms. Bonich read PB‐22-009 into the record. Ms. Tompkins presented the item to the Board. Mr. Miller asked if the new language would apply to the business district or the residential district. Ms. Tompkins stated that the new language would apply to the residential district. Mr. Miller then asked what code section it would apply to. Ms. Tompkins responded that there are provisions in the Land Development Code (LDC) that applies to both commercial and residential properties. Mr. Miller then asked if the proposed language wouldn’t give people the ability to use their properties for noisier uses than before, to which Ms. Tompkins responded yes. Mr. Miller asked if the language would require that the captain of a boat push it further into their property, to which Ms. Tompkins stated that the language would apply to a boat that is being used by a business. That boat would have to be parked in a legal parking space and it couldn’t project into the right-of-way. Mr. Miller then stated that someone renting a house to college students would be considered a business. He then asked what that use would be interpreted as. Ms. Tompkins responded that it would not be treated as a business. Mr. Pepe responded that the business cannot be outside, it must be inside a building. Mr. Pepe then stated that if someone using a boat as part of their business, the storage of it would need to follow the City’s regulations on boat storage. Going back to the question regarding the renting of a house, Mr. Pepe stated that the rental of the property makes it a business, but at the same time, they would still be required to comply with all the other requirements. Mr. Borges asked if the City made a change so that people needed to be related to live in the house to avoid frat houses. Mr. Pepe responded that the definition of Family was changed, and it stated that they all did not need to be related. Mr. Pepe then provided the Board with the definition. Mr. Miller stated that he wanted to make sure that the City isn’t making it easier for commercial uses to enter the residential districts. Mr. Pepe responded that the City isn’t making it easier, but they are complying with State Statutes which is making it easier. Mr. Miller asked if signage was permitted, to which Mr. Basu responded that it is typically not permitted. Mr. Basu then asked if the City has regulations regarding the parking of commercial vehicles in residential districts. Ms. Tompkins responded that she wasn’t aware of any restrictions on that type of parking. Mr. Pepe stated that there are regulations in the LDC about advertising on a moving vehicle. 10 3 Mr. Basu asked if it would be a problem if someone uses an accessory structure as a workspace. Ms. Tompkins responded that a service of that nature would not be prohibited. The proposed language is geared towards retail transactions. The Chairperson opened the floor to public comments on PB‐22-009. • None The Chairperson closed the floor to public comments on PB‐22-009. With no further discussion, the Board made a motion on the item. Motion: Mr. Borges moved to approve PB-22-009 as is. The motion was seconded by Mr. Miller. Vote: Yes 7, No 0 (None) Mrs. Readon: Yes Mr. Basu: Yes Mr. Jacobs: Yes Mr. Miller: Yes Ms. Dodard: Yes Mr. Borges: Yes Ms. Bonich: Yes The motion to approve PB-22-009 was unanimously approved by the Board. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no Public Comments. New Business Section There was no New Business. The Chairperson closed the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of March 8, 2022: Motion: Mr. Borges moved to approve the meeting minutes as presented. The motion was seconded by Mr. Miller. 11 4 Vote: Yes 6, No 0, Abstained 1 (Jacobs) Mrs. Readon: Yes Mr. Basu: Yes Mr. Jacobs: Abstained Mr. Miller: Yes Ms. Dodard: Yes Mr. Borges: Yes Ms. Bonich: Yes The motion to approve the meeting minutes was approved by the Board. VII. Future Meeting Date: May 10, 2022 VIII. Adjournment The meeting was adjourned at 8:14 P.M. 12 13 MIAMI-DADE STATE OF FLORIDA COU NTY OF MIAMI-DADE: Befo re the unders igned autho rity perso nally appea red GU ILL ERMO GA RCI A, who on oath sa ys th at he o r she is th e O\RECl"OR OF OP ERATIONS , Lega l Notices of the Miami Dai ly Business Sat urday , Review 1/k/a Miami Review , a dai ly (except Sun day and Legal Holidays) newspaper, published at Miami in Miami-Dade County , Florida ; that the attached co py of advertisement , be ing a Leg al Advertiseme nt of Notice in th e matter of CIT Y OF SO UTH MI AMI -PUBLIC HEAR INGS -MAY 3, 2022 in the XXX X Court , was publishe d in said newspaper by print in the issu es o f and/or by pub li ca tion on the newspaper's websi te , if autho ri zed, on 04 /22/2022 Affiant further says that the newspaper com plies with all lega l req ui rement s fo r publicaUon in chapte r 50, Flori da Statute s. S~~hi, 22 da y of APRI L, A.D . 2022 _.--,F,~,:~. CHRISTINA LYNN R/\VIX [;-' ~\::.,_ Com mi sslon #GG2777 71 ~:¾~•jf Exp ire s No vem ber 19, 20 22 ·<;,;~~}~~~-·· Bond ed Thru Troy Fai n lnsu ;ancs 800-3 85•701 9 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami t o function and co nduct vital busi ness during t he COVlD 19 pandemic and , at the sam e ti me, to protect the health, safety and welfa re of its citizens, officers , official s and administrative staff, and pursuant City of South Miam i Co d e, Chapter 286.011 , Fla . Stat, the City's Home Ru le Powers, and City Manager's declaration of a state of emergency due to the Coronavirus , the City wi ll b e holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (C M1) until the state of emerge ncy has ended or social distanci ng is no lo nger required by any relevant Execut iv e Ord ers. All Commission membe rs wi ll participate In Chambers or by video conferencing through the Zoom platfonn and members of the publ ic may join the meeti ng via Zoo m at (!:l ttps://zoom.us/j/3056636338 ) and participate . At a mini mum , at lea st three members of the City Comm iss ion w ill be ph ysi cally pres ent in the City Commissio n Chambers 1 and they will be broadcast on the Zoom p latform along with all other mem bers of th e Commission, City Staff and the public who may attend remotely fro m the Comm ission Chambers and from oth er locations. Th e me eting is schedu led to begin onT .,_.,,_ue"'s,,.,d,.,a..u__,,M,,,ae.Lc"'--'""''""-.!a!!!t'-'7'-':"'00"--""'"m.!.!..,.. to consider the following publi c hearing item(s): A Resolution autho ri zing the City Manager to execute a five (5) year lnterlocal Ag ree ment with Miami-Dade County and Co -Permittees of the Na!ional Poll utant Discharge Eliminati on System {N POES) pe rmit prog ram for pollution. A Resolutio n authorizing the City Manag er t o negotiate and exe cute a Professional Service Agreement provided under Florid a Statute 287 .055 Consultant's Competitive Negotiation Act 'CCNA •, with SRS Eng inee ring , Inc., EXP U.S. Services Inc ., Stantec Co nsulting SeN ices Inc., Calvin, Giordano & Associates, Inc., M&J Engineeri ng P.C., and Kiml ey-Horn and Associates, Inc., for general engineering services on an as needed basis. An Ord inance amendi ng Section 20 -8.9 of the City of South Miami's land Development Code to rev\se Subsec tions 20-8 .9(8)(2), (G), (H)(1 ), (J)(3)(a) and (K) and to pro vide clarificat ion and to correct scrivener's errors throughout th e entire Section . 14 . . An Ordinance amending Section 15-60 to PIJ)Vlde for the regulation and the use of City benches and rlgh1s of way. An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(0), and 20-3.6 to Include and regulate home-l:iiJed•~-ind10.anJ9ffl:111efliffllons. 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 meet1119 and.limited public attendance, all of Which ls set forth In the meeting notice posted at City Hall and at http://www.southmlamlfl.gov/580/PubHc-Meetlngs-Notlces. Anyone who wishes to review pending appllcatlon, suppprtfng documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Cleitc by calllng 305-663-6340. Note~-pursuant to ROlida ~ 2~.0105, !1 person ·whp:decl~!ll.tq appeal any decision made by a Board, Ageney·-or Commlalon with respect to any matter: considered at Its meeting or heB(lng, -a:,-ord of the proceedings wlll be requiOKI for said appeal·anc! such peDJOfl will be required to have a verbat!fll ~pt _qf the J)l'.OC88dlngs Including the testimony and evidence upon which the~ Is to be based. -' ..... ·. ,· ._; ADA:. To request a modHIC!IJ!on to ~ policy, practice. or: procedure or to re- quest an auxiliary aide or servl()!t In order to participate In. a City program, activity or event, you r,rwst -~·or~ 4:<]g ~:)-~ days before the meeting (not c:ouriifi{g:ffie-~:ef tlttf,lfWIJl{J}1 dlilWer your request to the City Cleitc by ~elep~$0S-663-6340,.,by:~I at 6130 Sunset Drive, South Miami, Rorlda or 8f!1811 ~ npayge@southmlamHl.gov. •.• ... ; . Nkeriga A. Payne, CMC. FCRM CltyCleitc 1 The minimum standards for adoptfng 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 afflnnatlve vote of a majority of a quorum present Is necessary to enact any ordinance or adopt any resolution. - --4122:---,..-.,..__...,_-,-....,._..~ 2a121l00005mM SUNDAY APRIL 24 2022 NEIGHBORS ...................................................................................................23SE The hits just keep com­ ing for Venice. Two days after a viral alligator sighting on East­ er, residents of the scenic Gulf Coast city got anoth­ er scare.  “WALKERS BE­ WARE!” reads a warning on Facebook video post­ ed by the Venice Police Department of a “mas­ sive alligator” crossing the road Tuesday eve­ ning. In the clip, you see a patrol car in front of an alligator taking its time crossing a road while passersby look on — from a safe distance.  A different picture on the FB post shows the reptile chilling in a drain­ age ditch. Venice Police Public Information Officer Lor­ raine Anderson told the Miami Herald that Tues­ day’s gator is probably different than the one seen strolling around on April 17 — it was spotted in a different section of town, about nine miles away.  “It’s mating season, so they’re everywhere,” she said, adding that trappers were not called because the animal would have likely been destroyed. “We like to keep them in their habitat.” According to the Flor­ ida Fish and Wildlife Conservation Commis­ sion, an alligator is considered a nuisance if it’s at least 4 feet long and “believed to pose a threat to people, pets or property.” Anderson wants resi­ dents to be vigilant in the scenic Sarasota County town that carries the same name as the famed Italian floating city. “You have to be care­ ful out there because they’re on the move,” she said. “This is a ped­ estrian friendly commu­ nity and we have an older populace out at all times of the day. You don’t want to get near a gator at all.” SARASOTA COUNTY ‘They’re on the move’: During gator-mating season, Venice sees 2nd big gator in 2 days BY MADELEINE MARR mmarr@miamiherald.com VENICE POLICE DEPARTMENT/FACEBOOK Another alligator was spotted in Venice, two days after a sighting on April 17. 15 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 ~s c~izens, officers, officials and administrative staff, and pursuant Cfy of South Miami Code, Chapter 286.011, Fla. Stat, the Cfy's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (GMT) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom plattorm and members of the public may join the meeting via Zoom at (https· //zoom us/j/3056636338) and participate . At a minimum , at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom plattorm along w~h 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. May 3. 2022. at 7:00 p.m. to consider the following public hearing item(s): A Resolution author~ing the City Manager to execute a five (5) year lnterlocal Agreement with Miam~Oade County and Co-Permittees of the National Pollutant Oischarge Elimination System (NPDES) permit program for pollution. A Resolution authorizing the City Manager to negotiate and execute a Professional Service Agreement provided under Florida Statute 287.055 Consultant's Competitive Negotiation Act "CCNA", with SRS Engineering, Inc., EXP U.S. Services Inc., Staniec Consulting Services Inc., Calvin, Giordano & Associates, Inc., M&J Engineering P.C., and Kimley-Horn and Associates, Inc., for general engineering services on an as needed basis. An Ordinance amending Section 20-8.9 of the Cfy of South Miami's Land Development Code to revise Subsections 20-8.9(B)(2), (G), (H)(1), (J)(3)(a) and (K) and to provide clarification and to correct scrivener's errors throughout the entire Section. An Ordinance amending Section 15-60 to provide for the regulation and the use of City benches and rights of way. An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(0), and 20-3.6 to include and regulate home-based businesses and to amend definitions. 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 http·l(www southmiamifl aoy/580/Public-Meelings-Nolices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a 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 mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl .gov. Nkenga A. Payne, CMC, FCRM City Clerk 1The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) *** A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution.*** ~ VIL LAG E O F PI N ECRE ST Pu bl ic N otice Notice is hereby given that the following ordinances will be considered on Second Reading by the Pinecrest Village Council at a meeting to be held on Tuesday, May 10, 2022, at 6:00 p.m., at the Pinecrest Municipal Center/Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida . AN ORDINANCE OF THE VILIAGE OF PINECREST, FLORIDA, AMENDING THE 2021-2022 OPERATING AND CAPITAL OUTIAY BUDGET (2ND QUARTER); PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILIAGE OF PINECREST, FLORIDA, AMENDING AND RESTATED ORDINANCE NO. 2022-7; AUTHORIZING THE BORROWING OF MONEY AND THE ISSUANCE OF DEBT IN AN AMOUNT NOT TO EXCEED $4,300,000 FOR THE PURPOSE OF FINANCING THE CONSTRUCTION AND ACQUISITION OF CERTAIN CAPITAL PROJECTS; AND PROVIDING AN EFFECTIVE DATE . Interested parties are invited to appear and be heard -visit www.pinecrest-fl.gov/live for details. Copies of the proposed ordinance may be obtained at the Pinecrest Municipal Center, 12645 Pinecrest Parkway, Pinecrest, Florida 33156 or via e-mail by sending a request to clerk@pinecrest -fl .gov. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Village Clerk at 305-234-2121 nat later than two business days prior to such proceeding. Should any person decide to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record al the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S . 286.0105). www.pinecrest-fl.gov Priscilla Torres, CMC Village Clerk 16MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a 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. MAY. 17, 2022 in the XXXX Court, was published in said newspaper by print in the issues of and/or by publication on the newspaper's website, if authorized, on 05/06/2022 Affiant further says that the newspaper complies with all legal for publication in chapter 50, Florida Sw o and subscribed before me this 0 8.AOW" (SEAL) GUILLERMO GARCIA personally known to me ............ ,. CHRlSTINA LYNN RAVIX ,.r-:A···~" €,..: ·:,;~ CommlsaiontGG2Tm1 \'!,} i~f C:v..!r91 Noverd>er 19 2022 '•"'.>:. ~ .. '-"I"' t .,,,,i{f,r.,~.•·· Bonded l)uu TIW Fllkl lnswwloa 8Q0.38S,7019 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. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and 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. All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (!}!!QsJ/zoom.us/i 05663~~ and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 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 M 17 2022 at 7:00 .m. to consider the following public hearing item(s): An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(0), and 20-3.6 to include and regulate home-based businesses and to amend definitions. If you desire to present evidence or you are unable to use Zoom, \Mfe 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 ://www.southmiamifl. ov/580 Public-Meetin s-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 callinQ 305-663-634_0._ 17 Note that pursuant to Florida Statutes 286.01-05, 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 tel!timew,-ancl evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 busrness days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmlamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 1The minimum standards tor adopting a resolution or enacting an ordinance are set forth in 166.041 (4) ... , A majority of the members of the governing body shall constiMe a quorum . An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ,..,. 5/6 22-119/0000595690M 18SE ...................................................................................................NEIGHBORS SUNDAY MAY 8 2022 18 VILLAGE OF PINECREST Publ ic Notice On Wednesday, June 8 , 2022, ot 7 :00 p .m., the Village Council will co nduct the following Public Hearing to be held ot the Pinecres t Municipal Ce nter, Counci l Chamber, 12645 Pinecrest Pa rkway , Pinec rest , Florido : Hearing #2022-0608-1 . G .F.B. Enterprises, LLC (Owner) ond Lou Componi le (App licant) ore requesting approval of o preliminary subdivision plot ("Kendall Imports North") for the plotting of property ond the creat ion of one commercia l troct on property located ot 1060 1 ond 10661 Pinecrest Parkway, Florido, with in the BU-1 A , General Busi ness Development zoning district. Troct "A" is proposed to be 1.45 acres (63,365 square feet] in oreo. Interested parties ore invited to appear in person or virtually and be heord - visit www .pinecrest-fl.gov/live for detai ls. For odd itionol information , you may contact the Build ing and Planning Deportment by colling (305) 234 -2 121, via e-mail of plonn ing@pinecrest.fl.gov, or writing to the deportment at 12645 Pinecrest Parkway, Pinecrest, Florido 33 156, whe re o copy of the appli cation is on file . In accordance with the Americans with Disabili ties Ac t of 1990, all pe rsons who ore dis ab led and who need special accommodat ions to participate in this meeting because of that disabi lity shou ld confocf the Village Clerk at 305-234-2121 not later than two business days pr ior lo such proceeding . Should any person decide to appeal any dec isio n of the Vill age Counc il with respect to any molter lo be considered al this meeting, that person shall insure tha t o verbatim record of the proceedings is mode including all testimony and evidence upon which any appea l may be based (F .S. 286.0 105). www.pinecrest•fl.gov Priscilla Torre,, CMC Villoge Clerk 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 COVIO 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 . Stat , the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMD until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders . All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom .us/j/3056636338) and participate . At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers' 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. May 17. 2022. at 7:00 p.m . to consider the following public hearing item(s): An ordinance amending the City of South Miami Land Development Code Sections 20-2 .3, 20-3 .3(D), and 20-3 .6 to include and regulate home-based businesses and to amend definitions . 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 http ://www.southmiamifl .gov/580/Public-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 . Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any deci~on made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of th e meeting) deliver your request to the City Clef1< by telephone: 30!Hl63-15340 , by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@soulhmiamifl.gov. Nkenga A. Payne , CMC, FCRM City Clerk • The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ... A majority of the members of the governing body shall constitute a quorum . An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolu tion .*** MIAMI·• Community Zoning Appeals Board em 2022 Elections Become involved in your community, Board Members help shape their community by making zoning and land use decisions for a specified geographic area Available Seats for 2022 Ballot: Board 2 Board 11 (Northeast) (West Kendall) Subarea-21 Subarea -At-Large Subarea-23 Subarea -113 Subarea-24 Subarea -115 Subarea -At-Large Subarea -116 Subarea-26 Board 5 Board 12 (Count!} Club of Miami) (Kendall) Subarea-51 Subarea -121 Subarea-52 Subarea -122 Subarea-53 Subarea -123 Subarea-54 Subarea -124 Subarea-55 Subarea -125 Subarea -At-Large Board 7 Board 14 (Biscayne Shores) (Red land) Subarea -7l(a) Subarea -141 Subarea -71 (b) Subarea -143 Subarea -72(a) Subarea -145 Subarea -72(b) Subarea -73(a) Subarea -73(b) Board 8 Board 15 (North Central) (South Bay) Subarea-81 Subarea -151 Subarea-83 Subarea -153 Subarea-85 Subarea -155 Subarea -At-Large Subarea -156 Board 10 Board 16 (Westchester) (Fisher Island) Subarea -101 Subarea -161-A Subarea -103 Subarea -161-B Subarea -105 Subarea -161-E Subarea -161-F Elected Board Members shall, for at least six ( 6) months prior to qualifying, have been resident electors of the board area for which they are qualifying, and, for at least three (3) years prior to qualifying, resident electors of Miami -Dade County. Additionally, each elected Board Member seeking to represent a subarea shall, for three (3) months prior to qualifying, have been a resident elector of the separate subarea of the board area for which the Member is qualifying. The qualifying period to run for the August 23, 2022 election begins at 8:00 a.m ., Monday, June 13, 2022 through noon, Tuesday, June 14, 2022 . The qualifying office may accept and hold qualifying documents submitted no earlier than 14 days prior (May 30, 2022) to the beginning of the qualifying period. To verify the subarea of your residence, please contact the Department of Regulatory and Economic Resources, Zoning Agenda Coordinator at 305-375-1244. Should you have any questions or concerns that pertain to the qualification process, please contact Miami-Dade County Elections Department, Campaign Qualifying Section at 305-499-8410. Miami-Dade County employees are not eligible. For legal ads online, go to http://legalads.miamidade.gov