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Ord No 11-22-2432ORDINANCE NO. 11-22-2432 An Ordinance amending Section 20-8.9 of the City of South Miami's Land Development Code to revise Subsections 20-8.9(8)(2), (G), (H)(l), (J)(3)(a) and (K) and to provide clarification and to correct scrivener's errors throughout the entire Section. WHEREAS, Section 20-8.9 contains several scriveners' errors; and WHEREAS, Section 20-8.9 has many provisions that are not clear and need clarification; and WHEREAS, Subsection 20-8.9(8)(2) needed clarification as to what types of emergencies will authorize a tolling of the time restrictions on development orders; and WHEREAS, Subsection 20-8.9 (G) is a duplicate of the provisions found in Section 20- 8.3(0); and WHEREAS, Subsection 20-8.9 (H)( 1) did not provide for any oversight as to the extent of the maintenance easement required when two structures are less than five feet apart: and WHEREAS, Subsection 20-8.9 (J)(3)(a) did not provide a consequence when the owner breaches the Large-scale Development Agreement; and WHEREAS, Subsection (K) does, but should not, require compliance with Florida Statutes, §§ 163.3220-163.3243, since these statutory sections concern a different type of development agreement than the Large-scale Development Agreement regulated by the City's Land Development Code; and WHEREAS, the Planning Board has reviewed this ordinance at its April 12, 2022 meeting with a vote of 5 yeas to 2 nays for approval. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AS FOLLOWS: 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 20-8.9 of the City's Land Development Code is hereby amended to read as follow 20-8.9 Large-scale Development Special Exception. (A) All Large-scale Developments in A Speeial eJteeption as useel in the Transit Oriented Development District (TODD} 5ft&H. meaR must be a permitted use that complies with all the required TODD conditions and standards fer-the district as well as the conditions and standards as well as those set forth aelew in this Section. For those eJtisting 1:1ses in this distriet Aany alterations or additions to those a1:1ildings existing uses in the TODD that result in the ~building meeting the definition of aeing elesignated as a Large-~Scale Development, sha-1-1-must conform to the provisions of this Section 20-8.9. Existing heights of existing buildings and existing floors may remain in their current condition; however, Page 1 of 7 0td. No. 11-22-2432 additional floors, if authorized, may only be added if they are developed in accordance with this Section. (B) A Large-scale Development is defined as the development of any building site that is more than forty thousand (40,000) square feet or any development, as defined in Section 380.04, Florida Statutes (hereinafter referred to as "Development"),that is in excess of four (4) stories. shall be designated as a barge Seale DeYelopment that shall A Large-scale Development must be reviewed by the Planning Board and shall FequiFe appF0 11al it must be approved by the City Commission. The computation of the size of the Development to determine if it is a Large-scale Development includes the square footage of an alteration or addition to an existing site and the square footage of the existing site that is being altered or to which an addition is being proposed shall be inel1::1ded in the eomp1::1tation of the si2:e of the Development to deteFmine if it is a barge Seale Development. ( 1) The Site Plan of all Large-scale Developments must be reviewed and approved by Feview process foF the Large Seale de 11elopment shall be initiated before the Environment Review and Preservation Board ("ERPB") within one year of the City Commission's approval of the Large-scale Development Special Exception (the "Site Plan Review Initiation Period"). The City Manager or City Commission may extend the Site Plan Review Initiation Period for one additional year or for some other amount of time as appropriate under the circumstances. An application for extension of the Site Plan Review Initiation Period of a Large-scale Development Special Exception shall must be filed sixty (60) days prior to the expiration of the Site Plan Review Initiation Period. (2) Special B*ception foF a A._Large-~Scale Development Special Exception (Special Exception) is only shall be valid for eighteen ( 18) months unless a greater period is approved by the City Commission during the approval process (the "Approval Term"). For purposes of calculating the Approval Term, the time period commences upon the date that a development order is rendered granting final Site Plan approval for the Large-~Scale Development by the BnviFonmental ReYiev,' and PFese111ation BoaFd ~ERPB!!j or the Planning and Zoning Department, whichever is later. An legal, administrative; or judicial challenge to the development order that approves a Special Exception or the Site Plan relating thereto shaH-teH-suspends the Approval Term until the conclusion of such challenge, including all appeals. The Approval Term shall-is also he telled suspended for delays arising from force majeure events. A force majeure event is an event that cannot be 01::1tside the controlled..hy efthe Owner including state and federal declarations of natural emergenc~ies that directly delay the project or an emergency that the City Commission finds to have delayed the proiect and that extends the time for development orders. The Special Exception is cancelled at the end of the Approval Term shaH--~ if the Owner fails to obtain a building permit for the primary structure or a demolition permit for any existing structure that is part of the Large-scale Development duFing the AppF01t'al TeFm. Notwithstanding the foregoing, the City Manager or City Commission may extend the Approval Term of a Special Exception for one additional year or for some other amount of time as appropriate under the circumstances. An application for extension of the Approval Term of a Special Exception shall must be filed sixty (60) days prior to the expiration of the Approval Term. (3) AA~' pFoperty designated as a _A.Large-scale Development may have residential uses on the first floor, however, residential uses are not permitted on the first floor within that portion of the buildin& or development, that is fronting on the main street. The Page 2 of 7 Ord. No. 11-22-2432 phrase "main street" means the street that abuts the property line of the building or development, and whieft that has the most traffic, as compared to any other street that abuts the property. (C) General Requirements. ill A-The owner of the land on which a Large-scale Development is to be constructed and the developer of the project must enter into a Large-scale Development agreement with the City after the Planning Board has made its recommendation shall be 8fJfJFO¥ed aRd f)eFmi"-ed and the agreement must be approved by the City Commission at a public hearing before the issuance of a building permit., afteF the f)IBRRiRg boaFd makes its FeeommeRdatioR, f)Foviaea that sueh ill The use for which the Large-scale Development is intended is specifically listed as a permitted use in the appropriate district column in the Permitted Use Schedule of the Land Development Code (Section 20-3.3(0), as may be amended), aRa that sueh ill The use complies with the follo:vliRg general requirements and any other requirements that the City Commission may consider appropriate and necessary. ill All such uses shall must comply with all requirements established in the appropriate TODD subzoning use district, as well as ¼:ffiless additional OF moFe restFieti:r:;e requirements are set forth aele¥.t herein or by the City Commission. ill All such uses must be of a compatible and complementary nature with any existing or planned surrounding uses. The City Commission 5hall-will determine the overall compatibility of the development with the existing or planned surrounding uses. !fil If during the review process it is determined that the Development, as proposed, will potentially cause adverse impact, the Planning and Zoning Department may recommend, and the City Commission may require as a condition of approval, remedial measures to eliminate or reduce, to the extent possible, these impacts. Development projects that are recommended for remedial measures will not be required to submit a new application unless it is determined by the Planning and Zoning Department that the remedial changes would have the effect of increasing the density, FAR, or height of the Development, or if there is a change to the mix of uses which increases project trip generation more than ten percent (I 0%). Remedial measures may include, but are not limited to: 1. Additional screening or buffering; ii. Additional landscaping; iii. Building orientation; iv. Relocation of proposed open space, or alteration of the use of such space; v. Pedestrian and bicycle safety and access; vi. Changes to ingress and egress; vii. Addressing traffic flow to and from the development to avoid intrusion on local streets in nearby single-family residential areas; or viii. Improvement of the streets adjacent to the project, if applicable. (D) Project Approval. (a) Required Conditions. Prior to approving a Large-scale Development, the City Commission must find that the development meets the requirements set forth in subsection (C) above and that it: Page 3 of 7 Ord. No. 11-22-2432 (I) will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; (2) will not be detrimental to the public welfare, property, or improvements in the neighborhood; and (3) complies with all other applicable Code provisions. (b) Additional Conditions. The City Commission may designate such additional requirements in connection with the approval of a Large-scale Development as will, in its opinion, assure that such development will conform to the foregoing requirements. (E) Reapplication for Development Review. If the City Commission disapproves of a Large- scale Development, no reapplication for the same, or substantially the same, proiect Ne Feapplication fur a Lar:ge scale De,1elopment re,1iew Hnder Section 2Q 8.9 shall ee accepted ey the City may be made within six (6) months of the date of final disapproval by the City Commission of a pFe 11ioHs the original application inYolYing the same or sHestantial1~1 the same projeet, unless evidence is submitted and accepted by the City Commission whleh that justifies such reconsideration. (F) No single Development within the TODD shaH may contain a single permitted use, other than residential uses, that exceeds eighty thousand (80,000) square feet of gross floor area; e,rnept that no SHeh limitation applies to residential Hses ,,·ithin the TODD. (G) The ma,dmHm permitted eHilding height of ne 1n' eHildings OF an eKisting eHilding with additions shall ee as .i§_set forth eelow: + (I) TODD (MU 5): A maKimHm of fuHF (4) stoFies, as permitted withoHt eonHses; a maximHm of eight (8) stories, as permitted with eonHses, not to eKeeed one hHndred ( I QQ) feet in height. (2) TODD (MU €>): A maKimHm of eight (8) stories, as permitted withoHt eonHses; a maKimum of twelve (12) stories, as peFmitted with eonuses, not to eKeeed one hundree fifty (l 5Q) ieet in height. (3) TODD (MU M): A maKimum of siK (€>) stories, as permitted withoHt eonHses; a maximum of nine (9) stoFies, as permitted with eonHses, not to eKeeed one hundred twenty ( l 2Q) ieet in height. (H) Where there is no minimum distance between adjacent buildings, nor a minimum building setback from a property line, one (1) of the first two (2) of the following conditions shaH must be met: (1) If the distance from the exterior wall to the property line is less than five ( 5) feet, the applicant must provide the Planning Department with a copy of a maintenance easement that is acceptable to the City Attorney and that applieaele to the adjacent property owner has given to the applicant; or (2) The structure shall be built on the property line and the owner shall give a maintenance easement to the adjacent property owner(s). Page 4 of 7 Ord. No. 11-22-2432 ~ In no instance shall a roof overhang extend beyond the property line, except in the front of the building. (J)--tB The City Commission shall have the discretion to condition the granting of a Special Exception on an agreement with the Applicant, in a form acceptable to the City, which shall include all of the conditions required for the granting of the Special Exception ("Large-scale Development Agreement"). The Large-scale Development Agreement, after it has been drafted by the City Attorney shall be subject to approval by the City Commission. A separate agreement or covenant ("Covenant") that provides for maintenance of common elements and any other condition specified as a prerequisite to approval of the Special Exception ("Maintenance Covenants") shall be signed by the owner of the property in question. The Maintenance Covenant shall be treated as a covenant running with and binding the land upon which the Development is situated, and it shall be recorded in the land records of Miami-Dade County and, at the option of the City and if allowed by law, the Maintenance Covenant may be re-recorded when necessary or required to maintain, uninterrupted, the effectiveness of the covenant running with the land. The Covenant shall provide that the owner and his/her/its grantees, heirs, successors, and assigns ("Owner") shall comply with the Maintenance Covenants at the Owner's expense and without any cost to the City. (I) In the event that any special exception condition includes the development of any common areas ("Common Areas"), the Maintenance Covenant shall must include the following provisions: (a) the Common Areas shall must I continue in existence, as part of the structure and those Common Areas shall must be operated and maintained at the expense of the Owner of the property so long as the Development continues to exist, in whole or in part; (b) the operation and maintenance of the Common Areas shall must include a provision for landscaping in accordance with an approved site and development plan, approved by the City Commission and the Environmental Review and Preservation Board, or as amended from time to time with approval of the City Commission, for the maintenance of the landscape as well as other maintenance services and private security protection of the Common Areas; (c) the Owner shall continue, operate, and maintain the Common Areas in such a manner as to keep such areas in good order, clean, attractive, fully functional (subject to interruption for maintenance, repair, restoration, and renovation) and, generally, so as not to create a nuisance to owners, occupants and users of the adjacent land and surrounding areas and to the general public. (2) The Maintenance Covenant shall-must define the phrase "continue, operate and maintain", as it applies to landscaping, to include, but not limit it to, the following activities: (a) The monitoring of the landscape areas by a recognized landscape expert, acceptable to the City, and the preparation of reports by such expert certifying that the landscaping is in compliance or is not in compliance with the approved Landscape Plan and all provisions included in such plan pertaining to pruning, fertilizing and general maintenance; the reports shall must be prepared annually; and Page 5 of 7 Ord. No. 11-22-2432 (b) The replacing of plants, trees, shrubs, or the like, at the Owner's sole expense, as determined by the landscape expert to be necessary in order for the landscaping to perpetually be in compliance with the Landscape Plan. (c) In the event that the City disagrees with the opinion of the landscape expert hired by the Owner, the City shall have the right to hire its own landscape expert whose decision shall be final. If the City's expert agrees with the expert hired by the Owner, the City shall pay the cost of its own expert, otherwise, the Owner shall pay the cost of the City's expert. (3) The Large-scale Development Agreement and the Maintenance Covenant shall-must contain the following provision: (a) In the event the Owner breaches its agreement ("a Default") and fails to cure the default within thirty (30) days ("the Cure Period") after receiving written notice of the default or fails to use all due diligence in commencing the cure and in proceeding to effectuate the cure a fine will be assessed against the Owner as set forth below in this paragraph (a). If the Owner is unable to timely cure the default after receiving written notice, the Owner may request an extension of time from the City Commission which shall be granted ("Extended Cure Period") if the Owner presents l:lf)OR f)FeseRtatioR of substantial competent evidence establishing the Owner's good faith and due diligence, justifiable reasons for the delay and the amount of time needed to cure the default. In the event that the Owner fails to cure the default within the Cure Period, or within the Extended Cure Period, whichever is greater, a fine shall be assessed against the owner in the amount of one hundred fifty dollars ($150.00), or such amount as may be set forth in the City Fee Schedule, for each day the owner remains in default thereafter. (b) In the event that a fine is assessed against the Owner, or the City incurs any expense towards curing the default, the City shall have the right to file a lien, or a continuing special assessment lien, as may be applicable, against the property and file a lien foreclose action for the full amount of money incurred by the City for said expense as well as for any fine that has been assessed. The City's lien shall be perfected upon being recorded in the land records in Miami-Dade County, Florida and shall be of equal rank and dignity as the lien of City's ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to, or against the land in question, unless in conflict with state statutes or Miami- Dade County code. (c) The City shall have the right to proceed against the Owner to collect the above- described costs and expenses without resorting to a lien and/or lien foreclosure. The City's remedies shall include all those available in law or in equity, including injunctive relief. The exercise of one available remedy shall not be deemed a waiver of any other available remedy. (d) Invalidation of any of the covenants identified in Section 20-8.9, by judgment of court shall will not affect any of the other provisions, which shall must remain in full force and effect. In the event of a violation of the Large-scale Development Agreement or the Maintenance Covenant, in addition to any other remedies available, the City of South Miami is hereby authorized to withhold any future permits, and to refuse to make any inspections or grant any approvals, until such time as the Large-scale Development Agreement or the Maintenance Covenant are complied with. All rights, remedies and privileges granted pursuant to the Page 6 of 7 Ord . No. 11-22-2432 Large-sca le Deve lopment Agreement a nd /o r Ma intenance Covenant s ha ll be deemed to be cumu lative an d the exe rci se of a ny o ne o r mo re shall neither be deemed to wi ll not constitute an e lec ti on of re med ies , nor 5ha+I-w ill it prec lude th e pa rty exerc is ing th e sa me from exerc is in g s uch other add it iona l ri ghts, remedies, or privileges. QQ t-4-The term "Larg e -sca le Deve lopm ent Ag reement"½, as used in t hi s Sectio n 20-8.9. is not intended to mean a Devel op ment Agreement as defin ed by F.S. §§ I 63 .3220-163.3243 . as we ll as all amendm ent s and revocations thereto, comp ly withF.S. § § 163.3220 163 .3243, as amended by the Florida Legislature. {lJ fK-1 This o rdinance sha ll appl y to a ll projects t hat com me nce th e p la n rev iew process w ith th e C ity's Plannin g a nd Zonin g Department on o r after May 16 , 20 12 . Section 3. Corrections. Con for min g language o r technical scri vener-type co rrect ions ma y be mad e by the C ity Atto rn ey fo r a ny confo rmin g ame ndm ents to be in corpo rated into t he fin a l o rdinance. Section 4 . Codification . T he provi s ion s of thi s Ord in ance w ill become and be made part of the City of South M iami 's Land Development Code, as amended. Section 5 . Ordinance in Conflict. All ordi nances o r parts of o rdinance s and all secti o ns and pa rt s of section of ordinances in direct confli ct he rew ith a re hereby repealed. Section 6 . Severability. If any secti on, clause , sente nce , or phrase of t hi s Ordi nance is for any reason he ld in va lid o r unconstituti o na l by a co urt of competent jurisd ict io n, th is ho lding wi ll not affect the va lidity of the remaini ng portio ns of this Ordi nance or the Gu idel in es adopted he reunder. Section 7 . E ffective Date. This Ord inance w ill become effective up on enactme nt. PASSED AN D ENACTE D thi s 3rd day of Mav. 2022 . ATTEST: C IT YERK 7 151 Read ing : 4/19/22 2nd Re ad in g: 5/3/22 READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY, AN D EXECUTION THE~ c ~ Pa ge 7 of 7 APPROVED: COMM ISS ION VOTE: Mayo r Phil ips : Comm issione r Harri s : Comm iss ioner G il : Commiss ioner Liebm an: Commi ss ioner Corey : 5-0 Yea Yea Yea Yea Yea Agenda Item No:14. City Commission Agenda Item Report Meeting Date: May 3, 2022 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending Section 20-8.9 of the City 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. 3/5 (City Attorney) Suggested Action: Attachments: Ord. Amending 20_8.9 (B)(2), (G), (H)(1), (J)(3)(a) and (K) CC rev.docx MDBR Ad.pdf MH Ad.pdf 1 9 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 . 10 . . 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. 11