Ord No 13-23-2464ORDINANCE NO. 13-23-2464
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 7 -"BUILDINGS", SECTION 7-16(G). -"PRE-
CONSTRUCTION AND CONSTRUCTION STANDARDS
FOR SITES", OF THE CITY'S CODE, TO AMEND
PERMITTED HOURS FOR CONSTRUCTION ACTIVITY;
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
WHEREAS, the City of South Miami (the "City") has adopted regulations as part of the
City Code of Ordinances (the "Code") to promote the health, safety, community acceptable
standard of morals and general welfare of the residents of the City of South Miami; and
WHEREAS, the City Commission of the City of South Miami (the "Commission") finds
it periodically necessary to amend its Code of Ordinances ("Code") in order to update regulations
and procedures to maintain consistency with state law and to implement municipal goals and
objectives; and
WHEREAS, Section 7-16(g)-"Pre-construction and construction standards for sites", of
Chapter 7 -"Buildings", of the Code, provides for permitted hours for construction activity within
the City, and currently prohibits construction activity on Saturdays for activities that take place in
residential districts, or within five hundred (500) feet of residentially zoned districts, other than
those in the Hometown District; and
WHEREAS, the City Commission deems it in the City's best interest of the City and its
residents to amend the permitted hours for construction activities to allow same on Saturdays
between the hours of 9:00 am and 5:00 pm in residential districts, and to test such allowance for a
limited period of time to assess its impact on residential neighborhoods; and
WHEREAS, the City Commission finds that allowing construction on Saturdays in the
residential districts for the specified hours would provide flexibility to residents and allow for
expedited progression and completion of construction projects; and
WHEREAS, the City Commission finds this Ordinance is in the best interests and welfare
of the City and approved it on first reading on August 15, 2023; and
WHEREAS, on September 5, 2023, the Mayor and City Commission conducted a duly
noticed second reading and public hearing as required by law and adopted the ordinance.
Page 1 of 3
Ord. No. 13-23-2464
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND 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 Section 7-16 -"Pre-construction and construction
standards for sites", of Chapter 7 -"Buildings', of the City's Code. Section 7-16 -"Pre-
construction and construction standards for sites", of Chapter 7 -"Buildings', of the City's Code,
is hereby amended to read as follows:
CHAPTER 7 -BUILDINGS
SEC. 7-16. -PRE-CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES.
***
(g) All construction sites shall comply with the city's noise code. Within the Hometown District
and all -other nett'#l:esldential --property located at least soo feet -from .. a :restdetttiai -district
~nstruction activity is perinftted onl;vhetween limitee :te di~·he~_ ef 7:00 a.m. through 6:00
p.m. on the-weekdays~ ~f-iMead&y tht=ough-Ffida-y; and between $~.·hel!fs -~f 9:00 a.m. through
5:00 p.m. on Saturday1W:Within all residential districts,-theHemete:.t~Disttfet and eB·OR;¥ether
non-residential property located within at ·least 500 feet from a residential districLconsttuction
aettvity shall :1,e~petintttetfoniyi,eiween 1:00 a.m. and fi:oo,p,m~ onweekdays, and between 9:oo
,~m-~-an,f _f_:OJ)).·•~1i~sitiitda;ys. The allowance for constructl011-.aetiwty Ot\~~$atutdavs --withm
residentiafdts!ncis.".siiaifsiinset autotnatically on ·ootober 1,12024~-unless extended by City
Comnifssfo~Resofutiorti No construction activity is permitted on Sunday in. any citstrict.
Notwithstanding the above, ao eoast11:1etion aetivities shall talee f)laee ia, or vrithia fin huadred
(SQQ) feet of resideatially zoaed distriets, other thaa those ia the Hemete,-•,ca Distriet, oa either
Saturda~· or Suada~c aad, as to eoast11:1etioa aeti 1rities ia aoa resideatiall~c zoaed distriets aael ia
the Hometovlfl Distriet, all days ef the week aad hours of the day permitted construction hours
may be extended~for;a~construction project ehanged by resolution of the city commission upon
a finding of extraordinary circumstances.
***
Section 3. Corrections. Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final Ordinance for signature.
1 Coding: Se:il~e~hreugh wares are deletions to the existing words. Underlined words are additions to the existing
words. Changes between first and second reading are indicated with highlighted E1011hls s,rihelhrHgh and .dmlhk
underline.
Page 2 of 3
Ord . No . 13-23 -246 4
Section 4. Severability . If a ny sect io n, clau se, se nte nce , o r phra se of th is Ordinan ce
is fo r an y reaso n he ld invalid or unc o nstituti o na l by a co urt o f co mp etent jurisdicti on, th e ho ld in g
shall not affect th e va li d ity of th e rema inin g po rti o ns of thi s Ord in a nce.
Section 5. Codification . It is the in te nti on of the City Commi ss ion, and it is he re by
ord a in ed th at the prov isions of thi s Ord in an ce shall beco me and made a pa rt of the Code of O rdinan ces
of th e Ci ty of So uth Mi ami , Fl orid a, that th e sec ti ons of th is Ord in ance may be re numbered or re-
lettered to acc ompli sh such inte nti ons; and th e wo rd "Ordin ance" may be c hange d to "S ect ion" or
oth er appropr iate word.
Section 6. Conflicts. An y a nd a ll ordin ance s and reso luti o ns or part s of ordin ances o r
reso luti o ns in co nfli ct he rewith are he re by re pea led.
Section 7. Implementation. Th e C ity Ma nager is hereby a uth o ri zed to ta ke any a nd
a ll nece ss ar y a cti on to im plem ent th e purpose s o f thi s Ordin ance . Any te mporary s ign permi t th at
was previ o us ly iss ued s hall be a ll owe d to remain th ro ug h its cu rr ent ex pirat ion date and shall not
be ex tend e d.
Section 8. Effective Date. Thi s Ordin ance sha ll bec o me e ffecti ve imm ed iately up on
ado pti on o n Seco nd Rea d in g .
PASS ED on fir st rea d ing o n the~ day of Au2:u st, 2023.
PAS SED AND ADOPT ED o n se co nd rea din g on th e 5th day o f Se pte mb e r. 2023.
ATTES T :
RE AD AN D APPROV ED AS TO FO RM ,
LAN GUAGE, LEGA LIT Y AN D
EXECU TI ON TH EREOF
OL-
WE IS S SEROT A H ELF MAN CO LE
& BIERM AN , P.L.
C ITY ATTOR NEY
A PPROVED:
COMMI SS ION VOT E:
Mayo r Fe rn a nde z :
V ice Ma yo r Boni ch :
Co mmi ss io ner Ca ll e :
Co mmi ss io ner Lie bm a n:
Co mmi ss io ner Co rey:
Page 3 o f 3
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: September 5, 2023
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Ordinance
Agenda Section:
Subject:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 7 - “BUILDINGS”, SECTION 7-16(G). - “PRE-CONSTRUCTION AND CONSTRUCTION
STANDARDS FOR SITES”, OF THE CITY’S CODE, TO AMEND PERMITTED HOURS FOR
CONSTRUCTION ACTIVITY; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS;
IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER LIEBMAN)
Suggested Action:
Attachments:
CA_Memo_Re_Ordinance_construction_hours.docx
4722460_Ordinance_Re_Construction_Hours_SR - ALT.docx
MDBR Ad.pdf
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Lillian Arango and Tony Recio, City Attorneys
CC:Genaro “Chip” Iglesias
DATE: September 5, 2023 City Commission Meeting
SUBJECT:AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AMENDING
CHAPTER 7 - “BUILDINGS”, SECTION 7-16(G). - “PRE-
CONSTRUCTION AND CONSTRUCTION STANDARDS
FOR SITES”, OF THE CITY’S CODE, TO AMEND
PERMITTED HOURS FOR CONSTRUCTION ACTIVITY;
PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE
DATE.
______________________________________________________________________________
The accompanying ordinance was prepared and placed on the agenda at the request of
Commissioner Liebman.
A sunset date has been proposed based on Commission input on first reading.
2
THE CITY OF PLEASANT LIVING
6
....
MIAMI-DADE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the unders ig ned authority personally appeared
GUILLERMO GARCIA , who on oath says that he or she is the
DIRECTOR OF O PE RATIONS , Lega l Notices of the Miami Daily
Busi ness Review 1/1\/a Miami Re11lew, of Miami-Dade County,
Flori da ; tha t the attached copy of advertiseme nt , being a
Lega l Advertisement of Notice in the ma tte r of
CITY OF SOUTH MIAMI -CtTY COMMISS ION -PUBLIC
HEAR ING · SEPT . 5, 2023
in the XX.XX Court, -
was pu bli shed in a newspape r by pri nt in the issues of Miami
Daily Bus iness Rev iew f/k/a Miami Review on
08/25/2 023
Affiant further says that the news paper complies with all
for publication in chapte r 50, Florida
Swor and su bscr ibed be fore me this
25 day or AUGUST , A.D. 2023
~
GUILLERMO GARCIA personally known to me
_..ff~~;-,,__ ROSANA SALGADO
i.: ,. ~ -, :•\ Commission# HH 336987
\~~~~w Expires NOYembe r 30, 2026
·-.. ~~.f~•··
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 Tuesda Se tember 5, 2023 at 7:00 .m . to consider the following
public hearing item(s):
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
M ULTI · YEAR AGREEMENT FOR THE ENFORCEMENT OF SCHOOL ZONE
SPEED LIMITS, PROV IDING FOR IMPLE MENTATION, CORR ECTIO NS,
SEVERAB ILITY AND AN EFFECTIV E DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, APPROVING THE URBAN QUALIFICATION
COOPERATION AGREEMENT FOR THE MIAMI-DADE COUNlY COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS
PROGRAM FUNDS FOR FISCAL YEARS 2024, 2025, AND 2026; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS .AND AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMM ISSION OF THE CITY OF SOUTH
MIAM~ FLORI DA [GRANTING APPROVAL OF/DENYING] AN APPLICATION
FOR FINAL PLAT APPROVAL PURSUANT TO SECTION 20-4.2 OF THE
LAND DEVELOPMENT CODE SEEKING TO REPLAT PROPERTY WITHIN
THE TRANSrT OR IENTED DEVELOPMENT DISTRICT MIXED USE-q
{TODD MU-5) ZONING DISTR ICT LOCATED AT 5961 SW 68 STREET;
PROV IDING FOR CONDITIONS; CORRECTIONS; IMPLEMENTATION ;
SEVERABILITY; AND AN EFFECT IVE DATE .
7
, ...
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING) AN APPLICATION
FOR TENTATIVE PLAT APPROVAL PURSUANT TO SECTION 20-4.2 OF THE
LAND DEVELOPMENT CODE SEEKING TO SUBDIVIDE A PROPERTY
WITHIN THE LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS-3) ZONING
DISTRICT LOCATED AT 7709 SW 67 AVENUE; PROVIDING FOR CONDmONS ;
CORRECTIONS; IMPLEMENTATION; SEVERABILITY; AND AN EFFECTIVE DATE.
AN-ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING CHAPTER 7 -"BU ILDINGS ", SECT ION
7-16(G). -'PRE-CONSffiUCTION AND CONSTRUCTION STANE>ARDS FOR
SITES ", OF THE CITY'S CODE, TO AMEND PERMITTED HOURS FOR
CONSTRUCTION ACTIVITY ; PROVIDING FOR CORRECTIONS; SEVERABILITY;
CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE.
The hearing will be held at .Q'.._ Hall Commission Chambe t
Drive South Miami Aorida 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 (htt s://zoom.us/i 056636338 ,
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 platfonn, 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 th is 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
inadmissible 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 bus iness 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@southmiamlfl.gov.
8/25
Nkenga A. Payne, CMC, FCRM
City Clerk
-~-___ 23_-6_7/0000680817M
SUNDAY AUGUST 27 2023 NEIGHBORS ...................................................................................................19SE
8
.-II Public Hearing
THEMIAMI-DADECOUNTYBOARDOFCOUNTYCOMMISSIONERS
will hold a Public Hearing on the following zoning applications
on September 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: CN 86 Flagler, LLC. 22022000061
The application is to permit a rezoning of a parcel 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 and to permit less open space than
required.
1. District Boundary Change from EU-M (Estate Modified District) to
RU-5A (Semi-Professional Office District).
2. NON-USE VARIANCE to permit the proposed office building to
setback a minimum of 20' (25' required) from the front (north) property
line and to setback 9' (15' 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 allow for 7,645 sq. ft. of open space (9,337
sq. ft. required).
5. NON-USE VARIANCE to permit a build height of 32' (24' maximum).
6. 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, sheets A 1.0
and A 1.1 dated and stamped received 6/8/2023, sheet A4.0 dated
stamped received 6/25/23 and sheet A6.0 dated stamped received
4/21/2023 for a total of four (4) sheets . Plans may be modified at
public hearing .
LOCATION: 8616 W. Flager Street, Miami-Dade County, Florida
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
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,
September 5. 2023, at 7:00 p.m. to consider the following public hearing item(s):
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MULTI-YEAR
AGREEMENT FOR THE ENFORCEMENT OF SCHOOL ZONE SPEED LIMITS,
PROVIDING FOR IMPLEMENTATION, CORRECTIONS , SEVERABILITY AND AN
EFFECTIVE DATE .
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, APPROVING THE URBAN QUALIFICATION
COOPERATION AGREEMENT FOR THE MIAMI-DADE COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS
PROGRAM FUNDS FOR FISCAL YEARS 2024, 2025, AND 2026; AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AGREEMENT; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS AND AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA [GRANTING APPROVAL OF/DENYING] AN APPLICATION FOR FINAL
PLAT APPROVAL PURSUANT TO SECTION 20-4.2 OF THE LAND DEVELOPMENT
CODE SEEKING TO REPLAT PROPERTY WITHIN THE TRANSIT ORIENTED
DEVELOPMENT DISTRICT MIXED USE-5 (TODD MU-5) ZONING DISTRICT
LOCATED AT 5961 SW 68 STREET; PROVIDING FOR CONDITIONS; CORRECTIONS;
IMPLEMENTATION; SEVERABILITY; AND AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA [GRANTING APPROVAL OF/DENYING] AN APPLICATION FOR
TENTATIVE PLAT APPROVAL PURSUANT TO SECTION 20-4.2 OF THE LAND
DEVELOPMENT CODE SEEKING TO SUBDIVIDE A PROPERTY WITHIN THE LOW
DENSITY SINGLE-FAMILY RESIDENTIAL (RS-3) ZONING DISTRICT LOCATED
AT 7709 SW 67 AVENUE; PROVIDING FOR CONDITIONS; CORRECTIONS;
IMPLEMENTATION; SEVERABILITY; AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING CHAPTER 7 -"BUILDINGS", SECTION 7-16(0). -
"PRE-CONSTRUCTION AND CONSTRUCTION STANDARDS FOR SITES", OF
THE CITY'S CODE, TO AMEND PERMITTED HOURS FOR CONSTRUCTION
ACTIVITY; 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/i /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 inadmissib]e or irrelevant evidence, nor does it authorize challenges or appea]s not otherwise allowed by Jaw.
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