Ord No 03-23-2454ORDINANCE NO. 03-23-2454
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 2, "ADMINISTRATION AND CITY
GOVERNMENT, ARTICLE III, "BOARDS AND
COMMITTEES," SECTION 2-26.10, "DOWNTOWN
DISTRICT ADVISORY BOARD," OF THE CITY'S CODE
OF ORDINANCES; PROVIDING FOR CORRECTIONS;
SEVERABILITY; CODIFICATION; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
WHEREAS, on December 20, 2022, the City of South Miami (the ''City") adopted
Ordinance No. 29-22-2450 amending Section 2-26.10 of the City's Code of Ordinances (the
"Code") by converting the "Parking Board" to the "Downtown District Advisory Board" (the
"DDAD"); and
WHEREAS, the City Commission desires to change the name of the DDAD to the "Town
Center Advisory Board" (the "Board") to better reflect the City's vision for its business district;
and
WHEREAS, the City Commission further desires to modify the Board's membership,
appointment and terms of members, quorum and duties; and
WHEREAS, the City Commission finds that this Ordinance is in the best interest and
welfare of the City and welfare of the City and approved it on first reading on March 21, 2023;
and
WHEREAS, on April 4, 2023, the Mayor and City Commission conducted a duly noticed
public hearing as required by law and adopted the ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:1
Section 1. Recitals. The above-stated recitals are true and correct and are incorporated
herein by this reference.
Section 2. Amending Chapter 2, Article III, Section 2-26.10 of the Code. That
Chapter 2, Article Ill, Section 2-26.10, "Downtown District Advisory Board," of the Code of
Ordinances City of South Miami, Florida, is hereby amended to read as follows:
ARTICLE III. -BOARDS AND COMMITTEES
***
1 Coding: Strikethreugh wet=ds are deletions to the existing words. Underlined words are additions to the existing
words. Changes between first and second reading are indicated with highlighted doubls slPilrnth,ough and rumble
underline.
Page 1 of 3
Sec. 2-26.10. Dawetawe Distriet Town Center Advisory Board.
(a) Created. There is hereby created a Do:·nmo1+VB District Town Center Advisory Board for the
city's downtown area comprised of the Hometown District Overlay and the Downtown SoMi
District. Said board shall consist of se 1reR (7) nine (9) members. +he se 11en (7) Nine (9)
members shall include two (2) commercial landowners, two (2) business owners and/or
merchants ana. The remaining five (5) members may be residents of the City, commercial
landowners or business owners.
(b) Appointment and terms of members. BoaFd members shall be af)f)Oimed in In accordance with
Article II, Section 8 of the City Charter, each City Commissioner shall appoint one person to
serve as a representative on the Board. All members of such Board in excess of five (5) shall
be appointed by three (3) affirmative votes of the City Commission based on
recommendations submitted by any City Commissioner. Each Board member shall serve for
~ te two-year terms or until removed a successor is appointed, whichever occurs first.
( c) Chair, vice-chair, and staff. The members shall elect the chair and vice-chair of the board.
The city manager or designee shall serve as the executive secretary to this board.
(d) Quorum. A quorum shall be four (4) five (5) members and an affirmative vote of a majority
of the members present shall be required to pass upon any matter the board recommends.
( e) Duties. Parking ifl the City mest be de\telof)ed afld maaaged both as aF1 element of
infrasH1:1eture eritieal to enhafleing the City's tax base throegh eeonomie seeeess of the City,
aad as aa ifRf)ortaBt ElflleHity enhafleieg afld f)roteetieg the qeality of life 1Nithln the City. To
that end, t The duties of the board shall be as follows:
(1) Meet at least monthly to discharge its work.
(2) Plan, propose, and implement through the City Manager programs and services for the
purpose of stabilizing and improving the City's commercial areas through the promotion,
management, marketing, and other similar services, such as streetscape enhancements.
(3) Plan and propose to the City Commission public improvements, including but not
limited to, renovation, remodeling, repair, reconstruction or other changes in existing
buildings and streetscapes which in the opinion of the committee board would aid
economic growth in the area.
( 4) Recommend to the City Commission the acquisition, by purchase or otherwise, of any
land and any other property, real or personal, or any rights or interests therein, which it
may determine is reasonably necessary for any project or purpose of this Section.
(5) Review special event applications in the downtown area and recommend their approval
or rejection to the City Manager.
( 6) Recommend certain activities and related expenditures of City funds to the City
Commission to promote the downtown area.
Page 2 of 3
Ord. No. 03-23-2454
(7) Provide oversight of the s upply, convenience, safety and management of parking.
* * *
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 t he
final Ordinance for signature.
Section 4. 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, the holding
shall not affect the validity of the remaining portions of this Ordinance.
Section 5. Codification. It is the intention of the City Commission, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances
of the City of South Miami , Florida, that the sections of this Ordinance may be renumbered or re-
lettered to accompli sh such intentions; and the word "Ordinance" may be changed to "Section" or
other appropriate word.
Section 6. Conflicts. Any and all ordinances and reso lu t ions or parts of ordinances or
reso lutions in conflict herewith are hereby repealed.
Section 7. Implementation. The City Manager is hereby authorized to take any and
all necessary action to imple ment the purposes of this.
Section 8. Effective Date. This Ordinance s hall become effective immediately upon
adoption on Second Reading.
PASS ED on first reading on the 21 st day of March, 2023.
PASSED AND ADOPTED on second reading on the 4 th day of April, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, L EGALITY AND
E~
WEISS SEROT A HELFMAN COLE
& BIERMAN, P.L.
CITY ATTORNEY
APPROVED:
MAY~
COMMISSION VOTE:
Mayor Fernandez :
Vice Mayor Bonich:
Commissio ne r Call e:
Commi ssioner Corey:
Commi ssioner Liebman :
Page 3 of 3
4-0
Yea
Yea
Yea
Yea
Absent
Ord. No. 03-23-2454
Agenda Item No:8.
City Commission Agenda Item Report
Meeting Date: April 4, 2023
Submitted by: Daniela Cimo
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 2, “ADMINISTRATION AND CITY GOVERNMENT, ARTICLE III, “BOARDS AND COMMITTEES,”
SECTION 2-26.10, “DOWNTOWN DISTRICT ADVISORY BOARD,” OF THE CITY’S CODE OF
ORDINANCES; PROVIDING FOR CORRECTIONS; SEVERABILITY; CODIFICATION; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNANDEZ)
Suggested Action:
Attachments:
Town_Center_Adv._Board_Memo__1_.docx
Ordinance_Amending_Downtown_District_Advisory_Board_SR_CAv3.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Genaro “Chip” Iglesias, City Manager
DATE: April 4, 2023
SUBJECT: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION AND CITY GOVERNMENT,
ARTICLE III, “BOARDS AND COMMITTEES,” SECTION 2-26.10, “DOWNTOWN
DISTRICT ADVISORY BOARD,” OF THE CITY’S CODE OF ORDINANCES; PROVIDING
FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN
EFFECTIVEDATE.
RECOMMENDATION:Pursuant to the request of Mayor Fernandez, the above referenced
Ordinance is submitted for consideration by the City Commission at the
April 4, 2023 Commission Meeting, for approval of amendments to
Chapter 2, “Administration and City Government,” Article III, “Boards and
Committees,” Section 2-26.10, “Downtown District Advisory Board” of the
City’s Code of Ordinances.
BACKGROUND:The accompanying ordinance was prepared and placed on the agenda at
the request of Mayor Javier Fernandez. The proposed ordinances changes
the name of the Board, which was formerly the Downtown District
Advisory Board, to the Town Center Advisory Board. The name change
better reflects the City’s vision for its business district.
Additionally, the ordinance modifies the Board’s membership by adding
two (2) members, for a total of nine (9) members.
FUNDING:N/A
ATTACHMENTS:Proposed Ordinance
2
THE CITY OF PLEASANT LIVING
dllU 11e1...1 UI
:-~~--~~-
WEISS SEROTA HELFMAN COLE 128
& BIERMAN, P.L. 129
CITY ATTORNEY130
6
7
MIAMI-DADE
STATE OF FLORIDA
COU NTY OF MI AMI -DAD E:
Before the undersigned authority personally appeared
ROSANA SALGADO, who on oath says that he or she is the
LEGAL CLERK , Lega l Notices of the Miami Daily Business
Rev iew f/k/a Miami Revi ew, of Miami-Dade County, Florida;
that the attached copy of advertisement, be ing a Legal
Advertisement of Notice in \he ma\\er of
CITY OF SOUTH MIAMI -PUBLIC HEARING -APR. 4, 2023
in the XXXX Court ,
was published in a newspaper by print in the issues of Miami
Daily Business Review f/k/a Miami Revie w on
03/2412023
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission wi ll hold a public hearing Alliant further says tha t the newspape r complies wi th all ~~;~~~e~(s~ n1 ·4 2023 at 7:00 .m. to consider the following public
lega l req uireme nt s for publication in chap ter 50, Fl ori da
Sta tutes.
Sworn to and subscribed before me th is
24 day of MARCH , A.O . 2023
(SEAL)
ROSANA SALGADO personally known lo me
/?-1:·:::~·-., CHRISTINA LYNN RAVIX-OORLEANS
€.-: :•: Commission# HH 332954
·~---~, 026 ··•~>j•.,.•0.,-_..-Expires November 19, 2 ~,,.~r.~••'
AN ORDINANCE OF THE CrTY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING CHAPTER 2, 'ADMINISTRATION AND
CITY GOVERNMENT, ARTICLE 111, 'BOARDS AND COMMIITTES,'
SECTION 2-26.10, 'DOWNTOWN DISTRICT ADVISORY BOARD,'
OF THE CITY'S CODE OF ORDINANCES; PROVIDING FOR
CORRECTIONS ; SEVERABILITY; CODIFICATION ; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
-AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 11, 'GARBAGE
AND TRASH,' SECTION 11-22, "EXTENT OF SERVICE AND POINTS OF COLLECTION ,' OF THE CITY 'S CODE OF ORDINANCES; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, AMENDING ARTICLE IV, ~OTHER
. REGULATIONS,' SECTION 20-4 .3, 'SIGN REGULATIONS,' OF THE
CITY'S LAND DEVELOPMENT CODE, TO MODIFY THE REGULATIONS
FOR TEMPORARY SIGNS AND TO PROVIDE FOR TE.MPORARY
CONSTRUCTION FENCE SIGNS FOR ALL ZONING DISTRICTS EXCEPT
RS-SINGLE FAMILY RESIDENTIAL DISTRICTS, RT-TOWNHOUSE
DISTRICTS , AND RM-MULTI-FAMILY RESIDENTIAL DISTRICTS; PROVIDING FOR CORRECTIONS; SBIERABIUTI; CONFLICTS;
MPLEfvlENTATION; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING CHAPTER 4, 'ALCOHOLIC
BEVERAGES ', ARTICLE I, 'IN GENERAL,' SECTION 4-2. 'DISTANCE REQUIREMENTS; NON -CONFORMING USE; CERTIFICATE OF
OCCUPANCY', OF THE CITY 'S CODE OF ORDINANCES, AMENDING
THE PROCEDURE REGARDING DISTANCE REQUIREMENTS
BETWEEN CERTAIN PROPERTIES AND PROPERTIES SELLING
ALCOHOLIC BEVERAGES, AND AMEND ING THE PERMITTED HOURS
FOR SERVICE OF ALCOHOLIC BEVERAGES IN RESTAURANTS;
PROVIDING FOR CORRECTIONS; SEVERABILITI; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE .
8
The hearing will be held al c· Hall Commission Chambeni 613(! Sunset .
Drive South Miami Florida 33143. 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 (h s·/ zo_Qfil.us/ /305~636_338),
by pfione by calling +1-786-635-1003 and entering Meeting ID: 3056636338
when prompted, or in person in the Commiss ion Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they
can participate.
All interested parties are invited to attend and will be heard .
For further information, please contact the City Clerk's Office at: 305-663-6340 .
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public
that if a person decides to appeal any decision made by the Commission
with respect to this matter, such person must ensure that a veroatim record of
the proceedings is made, wh ich record includes the testimony and evidence
upon which the appeal is lo be based. This notice does not constitute consent
by the City for the introduction or ,11dmission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law. ·
ADA: To req!Jest 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 6130 Sunset Drive;
South Miami, Florida or email at npayne@southmiamifl.gov.
3/24
Nkenga A. Payne, CMC, FORM
City Clerk
23-10510000653953M
16SE ...................................................................................................NEIGHBORSSUNDAYMARCH262023
9
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Commission will hold a public hearing on Tuesday. April 4, 2023,
at 7:00 p.m. to consider the following public hearing item(s):
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION AND CITY GOVERNMENT, ARTICLE 111 , "BOARDS
AND COMMITTEES," SECTION 2-26 .10, "DOWNTOWN DISTRICT ADVISORY BOARD," OF
THE CITY'S CODE OF ORDINANCES ; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CODIFICATION ; CONFLICTS ; IMPLEMENTATION; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING CHAPTER 11, "GARBAGE AND TRASH," SECTION 11-22, "EXTENT OF SERVICE
AND POINTS OF COLLECTION ," OF THE CITY'S CODE OF ORDINANCES ; PROVIDING FOR
CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE .
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING ARTICLE IV, "OTHER REGULATIONS," SECTION 20-4 .3, "SIGN REGULATIONS," OF
THE CITY'S LAND DEVELOPMENT CODE , TO MODIFY THE REGULATIONS FOR TEMPORARY
SIGNS AND TO PROVIDE FOR TEMPORARY CONSTRUCTION FENCE SIGNS FOR ALL
ZONING DISTRICTS EXCEPT RS-SINGLE FAMILY RESIDENTIAL DISTRICTS , RT-TOWNHOUSE
DISTRICTS, AND RM-MULTI-FAMILY RESIDENTIAL DISTRICTS ; PROVIDING FOR CORRECTIONS ;
SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
AMENDING CHAPTER 4, "ALCOHOLIC BEVERAGES ", ARTICLE I, "IN GENERAL ," SECTION
4-2 . "DISTANCE REQUIREMENTS ; NON-CONFORMING USE; CERTIFICATE OF OCCUPANCY",
OF THE CITY 'S CODE OF ORDINANCES, AMENDING THE PROCEDURE REGARDING DISTANCE
REQUIREMENTS BETWEEN CERTAIN PROPERTIES AND PROPERTIES SELLING ALCOHOLIC
BEVERAGES, AND AMENDING THE PERMITTED HOURS FOR SERVICE OF ALCOHOLIC
BEVERAGES IN RESTAURANTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS ;
IMPLEMENTATION; AND AN EFFECTIVE DATE .
The hearing will be held at City Hall Commission Chambers, 6130 Sunset Drive.
South Miami, Florida 33143 . 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), by phone by calling +1-786-635-1003 and entering
Meeting ID : 3056636338 when prompted, or in person in the Commission Chambers, and where
their appearance will be broadcast on the Zoom platform, and where they can participate.
All interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Pursuant to Section 286 .0105 , Fla . Stat., the City hereby advises the public that if a person decides to appeal any decision made
by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based . This notice does not constitute consent by the
City for the introduction or admission of otherwise inadm issible or irrelevant evidence, nor does it authorize challenges or appeals
not otherwise allowed by law.
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
.-II Public Hearing
MIAMI-DADE COUNTY
THEMIAMI-DADECOUNTYBOARDOFCOUNTYCOMMISSIONERS
will hold a Public Hearing on the following zoning applications on
April 20, 2023, at 9:30a.m. in the Miami-Dade County Commission
Chambers, located on the 2nd Fl, Stephen P. Clark Center,
111 NW 1st St, Miami, Fl 33128.
THIS IS AN IN-PERSON MEETING
APPLICANT: RAYSA DE LA CARIDAD RAMIREZ 22021000253
The applicant seeks to permit an existing covered terrace located closer to the rear property line
than allowed by code and to permit a proposed swimming pool located in front of the principal
residence and closer to the front property line than allowed by code.
(1) NON-USE VARIANCE to permit an existing covered terrace addition to a single-family
residence setback 2' (15 ' required for 50% of the lineal frontage of the width of house and 25 '
for the balance) from the rear (north) property line .
(2) NON-USE VARIANCE to permit a proposed swimming pool to be located in front of the principal
residence (not permitted) and to setback 5' (75 ' required) from the front (south) property line .
Plans are on file and may be examined in the Department of Regulatory and Economic Resources ,
entitled "Proposed New Swimming Pool" as prepared by Victor Ramos, consisting of site plan one
(1) sheet dated stamped received 8-30-22 and building elevation/floor plan one (1) sheet dated
stamped 5-27-22 for a total of two (2) sheets . Plans may be modified at Public Hearing .
LOCATION: 4525 SW 84th Avenue , Miami-Dade County, FL
SIZE OF PROPERTY: 0.15Acre
APPLICANT: CN 86 Flagler, LLC 22022000061
The application is to permit a rezoning of the northern parcel (parcel A) from EU-M (residential
use) to RU-5A (semi-professional office use) in order to develop the parcel with an office building .
Additionally, the application seeks approval of ancillary non-use variances to permit the proposed
building to be located closer to the front and interior side property lines, to permit more lot coverage
then permitted by code a reduction of the required parking spaces, to permit less open space than
required and to waive the required wall along the interior side and rear property lines.
(1) District Boundary Change from EU-M (Estate Modified District) to RU-5A (Semi-Professional
Office District).
(2) NON-USE VARIANCE of the setback requirements to permit the proposed office building to
setback a minimum of 23'-3" (25'-0 " required) from the front (north) property line and to
setback 9'-0" (15 '-0 " required) from the interior side (east and west) property lines.
(3) NON-USE VARIANCE to permit a lot coverage of 59% (40% maximum permitted).
(4) NON-USE VARIANCE to permit 22% open space ( 25% open space required).
(5) NON-USE VARIANCE of zoning regulations requiring a decorative wall at least five (5) feet in
height along the rear and interior side property lines ; to waive same .
(6) NON -USE VARIANCE of zoning regulations requiring a landscape buffer between dissimilar
land uses along the rear property line ; to waive same .
(7) NON-USE VARIANCE to permit a build height of 32 ' (24' maximum).
(8) NON-USE VARIANCE to permit 58 parking spaces (69 parking spaces required).
Plans are on file and may be examined in the Department of Regulatory and Economic Resources ,
entitled "One Health Medical-Flagler Center'' as prepared by Archcube Architectural Design dated
and stamped 11/14/2022 consisting of Nine (9) sheets . Plans may be modified at public hearing .
LOCATION: 8616 West Flagler Street, Miami-Dade County , FL
SIZE OF PROPERTY: 1.54 Acres
This is an in-person meeting. Interested parties must appear
in person to participate. Documents and materials must be
submitted by e-mail ZONINGmeetings@miamidade.gov, or
visit our website at:
https://www.miamidade.gov/zoning/hearing-commissioners.asp
For legal ads online, go to http://legalads.miamidade.gov