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Ord No 33-23-2484Page 1 ofS Ord. No. 33-23-2484 WHEREAS, the City Commission finds that the LDC is in need of additional definitions to ensure consistency of regulations; and WHEREAS, on November 14, 2023, the Planning Board, sitting in its capacity as the Local Planning Agency, reviewed this Ordinance and recommended approval with changes by a 4-0 vote; and WHEREAS, this Ordinance was duly noticed and presented to the City Commission in two readings, with second reading conducted as the required public hearing on December 19, 2023; and WHEREAS, the City Commission finds that this Ordinance is in the best interest and welfare of the City. 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 Article II, Section 20-2.3 of the Code. That Section 20-2.3, uoefinitions," of Article II is hereby amended to read as follows: ARTICLE II. -DEFINITIONS *** 20-2.3 -Definitions. Home Garage. Any attached or detached structure, or portion thereof, whether open or enclosed which is used to park one or more vehicles in association with a single-family dwelling. 1 Coding: Se:ilcetlu=eugh wems are deletions to the existing words. Underlined words are additions to the existing wor~s. Mod_iti~ations p~·op~he _Pla?ning Board are ~haded in ~Yi-Changes between first and second readmg are md1cated with . • lughhghted deuhle ett11l1:othPe11~h and double underline!. Page2 ofS Ord. No. 33-23-2484 *** Shed, lltility shed. A single-story. non-habitable detached storage building that is accessory to the primary or principal building and designed and used primarily for storing tools, mechanical equipment, lawn and garden equipment, home accessories, personal belongings, and other similar objects. Section 3. Amending Article III, Section 3.6 of the Code. That Section 3.6, "Supplemental Regulations,', of the City of South Miami Land Development Code is hereby amended to read as follows: ARTICLE III. -ZONING REGULATIONS. 20-3.6 -Supplemental regulations. 00 Home Garages in Single-Family Residential Districts. ill No garage other than a Home Garage shall be permitted on a single-family residential lot. subiect to development criteria for the residential district, regulations applicable to accessory structures generally, and the provisions of this Section 20-3.6<Y}. ill ill ffi ill !fil m No new Home Garage shall be constructed upon a lot unless a single- family dwelling on the same lot already exists or is under construction. No Home Garage shall be used unless the single-family dwelling on the same lot is also being used for residential purposes. The maximum area of a Home Garage shall not exceed 25% of the habitable area of the single-family home on the same lot. The maximum height of an accessoey:structute:itliati110lraaes·~ Home • • -• 1ot bis.ts attother·raised··vehicle. A Home Garage located in the rear yard of a home that is within 25 feet of a property line shall be a permanent structure, fully enclosed with masomy walls to minimize sound impacts to neighboring properties. Modular structures, trailers, utility sheds, ti,iootts tbflie~fear:ot"si<te fat<f; or similar structures shall not be used to store vehicles in single-family districts. Pagel ofS Ord. No. 33-23-2484 ill Section 4. The Home Garage shall not be used in connection with a home based business that: i involves retail transactions g .. :"-· -~;,; ., • :rela'te[td ~iitom.otive· services· te ·ait " .. arts-' rot:.slr • Utf in the Home Gara e· ii results in storage of any commercial, industrial, or agricultural vehicles, equipment or machinery within the Home Garage; (iii) results in noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors in a manner that violates City, Counor, State, or Federal law: (iv) does not comply with all relevant City, County, State, or Federal regulations with respect to the use, storage. or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids; iiil6il (v} does not obtain a business tax receipt and any other approvals reguire3 by City, County, State, or Federal law. Corrections. Confonning language or technical scrivener-type corrections may be made by the City Attorney for any confonning amendments to be incorporated into the final Ordinance for signature. Section S. 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 po11ions of this Ordinance. Section 6. Conflicts. That all ordinances or parts of ordinances, resolutions or parts of resolutions., in conflict herewith, are repealed to the extent of such conflict. Section 7. Implementation. The City Manager is hereby authorized to take any and all necessary action to implement the purposes of this Ordinance. Any temporary sign pem1it that was previously issued shall be allowed to remain through its cun·ent expiration date and shall not be extended. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption. PASSED on first reading on the 5th day of December, 2023. PASSED AND ADOPTED on second reading on the 19th day of December, 2023. Page4of5 Ord. No. 33-23 -2484 ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION TH EREOF & BIERMAN, P.L. CITY ATTORNEY ELFMANCOLE APPROVED: Mayor Fernandez: Vice Mayor Bonich: Com mi ssio ner Call e: Comm issioner Liebman: Commissioner Corey: Page 5 ofS 5-0 Yea Yea Yea Yea Yea Agenda Item No:9. City Commission Agenda Item Report Meeting Date: December 19, 2023 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II “DEFINITIONS,” SECTION 2.3 “DEFINITIONS” AND ARTICLE III “ZONING REGULATIONS,” SECTION 3.6 “SUPPLEMENTAL REGULATIONS,” TO ADDRESS HOME GARAGES; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER-PLANNING DEPT.) Suggested Action: Attachments: CC_SFR_Garages_Staff_Report_11272023_Revised.docx Ordinance_-_SFR_Garages_SR.docx MH 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: December 19, 2023 SUBJECT: ORDINANCE RELATED TO A TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO ADDRESS HOME GARAGES. (File No.: PB-23-022) RECOMMENDATION: Approval, on second reading of the proposed ordinanceamending the Definitions found in Section 20-2.3 as well as the Supplemental Regulations found in Section 20-3.6 of the Land Development Code (“LDC”) to address home garages in single-family residential zoning districts. BACKGROUND: The City’s current regulations do not differentiate between multifamily and commercial garages, and those serving single-family homes. Single-family neighborhoods have different needs and more potential uses for garages than commercial/multifamily districts, and yet the land development regulations contain little guidance for their development and use. This legislation is intended to provide guidance and to impose reasonable restrictions to ensure compatibility with neighboring development. REQUEST: The City is requesting approval to amend the Definitions found in Section 20-2.3 as well as the Supplemental Regulations found in Section 20-3.6 of the Land Development Code (“LDC”) to address home garages in single-family residential zoning districts. ANALYSIS: Current definitions treat all garages interchangeably, without recognition that single-family home garages have different impacts and involve distinct considerations than multifamily/commercial garages. The proposed ordinance provides for definitions to distinguish single-family garages from commercial garages and utility sheds in single-family districts, and provides for restrictions related to use (requiring home garages be used solely in conjunction with a single-family residence, limiting their use for Home Based Businesses consistent with state law, prohibiting vehicle lifts), size (limiting them to 25% of the size of the principal structure and their height to 15 feet above grade), and impacts (requiring masonry construction to contain noise when in proximity to neighbors). 2 SoutOO i • THE CITY OF PLEASAN am1 T LIVING LDC Text Amendment – Home Garages Text Amendment December 5, 2023 Page 2 of 2 The proposed modifications to the LDC are contained in the attached Draft Ordinance and have also been outlined below. Please note that Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. ARTICLE II. – DEFINITIONS *** 20-2.3 – Definitions. * * * Home Garage. Any attached or detached structure, or portion thereof, whether open or enclosed which is used to park one or more vehicles in association with a single-family dwelling. * * * Shed, Utility shed. A single-story, non-habitable detached storage building that is accessory to the primary or principal building and designed and used primarily for storing tools, mechanical equipment, lawn and garden equipment, home accessories, personal belongings, and other similar objects. ARTICLE III. – ZONING REGULATIONS. * * * 20-3.6 – Supplemental regulations. * * * (Y)Home Garages in Single-Family Residential Districts. (1)No garage other than a Home Garage shall be permitted on a single-family residential lot, subject to development criteria for the residential district, regulations applicable to accessory structures generally, and the provisions of this Section 20-3.6(Y). (2)No new Home Garage shall be constructed upon a lot unless a single- family dwelling on the same lot already exists or is under construction. (3)No Home Garage shall be used unless the single-family dwelling on the same lot is also being used for residential purposes. (4)The maximum area of a Home Garage shall not exceed 25% of the habitable area of the single-family home on the same lot. 3 LDC Text Amendment – Home Garages Text Amendment December 5, 2023 Page 3 of 2 (5)The maximum height of a Home Garage shall be the height of the single- family home on the same lot or 15 feet to the highest part of the roof, whichever is less. The finished floor to ceiling height of the Home Garage shall be no more than 15 feet. (6)Vehicle lifts of any kind are prohibited in Home Garages All vehicle lifts are prohibited except those designed to allow one vehicle to park beneath another raised vehicle. (7)A Home Garage located in the rear yard of a home that is within 25 feet of a property line shall be a permanent structure, fully enclosed with masonry walls to minimize sound impacts to neighboring properties. Modular structures, trailers, utility sheds, carports in the rear or side yard,or similar structures shall not be used to store vehicles in single-family districts. (8)The Home Garage shall not be used in connection with a home based business that: (i) involves retail transactions of any kind related to automotive services, repair, parts, or supplies in the Home Garage; (ii) results in storage of any commercial, industrial, or agricultural vehicles, equipment, or machinery within the Home Garage; (iii) results in noise, vibration, heat, smoke, dust, glare, fumes, or noxious odors in a manner that violates City, County, State, or Federal law; (iv) does not comply with all relevant City, County, State, or Federal regulations with respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous or flammable materials or liquids; and or (v) does not obtain a business tax receipt and any other approvals required by City, County, State, or Federal law. PREVIOUS ACTION The Planning Board (the “Board”) met to discuss the above item on October 10, 2023. During the meeting, the Board had several questions regarding the prohibition of vehicle lifts. Staff explained the purpose was to prevent certain commercial uses, such as automobile repair shops, from opening in the single-family residential districts, which is currently prohibited. After discussing the proposed amendment, the Board voted to defer the item until the next meeting because they needed additional information. The Board then met on November 14, 2023, to continue their review of the item. At the meeting, the Board held a Public Hearing on the item and voted four (4) to zero (0) to recommend approval of the request with changes to the draft ordinance. Attachments: Draft Ordinance Legal Ad 4 4A .............................................................................................MIAMI HERALD FRIDAY DECEMBER 8 2023 In October, the Biden administration announced an easing of sanctions on Venezuela’s oil sector as part of an elections deal between Maduro and the opposition. Washington said it would lift the sanctions if by Nov. 30 Maduro began the release of American hostages “wrongfully de- tained” by his government, and if he lifted a ban that keeps opponents who want to run for president from serving in office. So far, Maduro has failed to com- ply with the deadline, with Maria Corina Machado, the winner of the opposition’s presidential primary, still barred from office. “He wants to be able to consolidate power in a way in which he can be assured of a ‘sound victory’ when the elections are held next year,” said Ivelaw Lloyd Griffith, a Guyana-born expert on security in the region. Griffith said Maduro’s reactivation of the Venezue- lan claim to the Essequibo territory is also about trying to seize the oil discovered there in recent years. On Tuesday, Maduro announced the creation of a military zone to be carved out of the Essequibo region, which accounts for three quarters of Guyana’s land mass. An 1899 decision by international arbiters placed the area under the control of what was then called British Guiana. Venezuela’s new military zone is among seven measures that Madu- ro claims he has been au- thorized to pursue following a Sunday referendum in which voters overwhelm- ingly supported his takeover of the dense jungle region that’s about the size of Florida. In addition to the mea- sures, Maduro also ordered state-owned companies to grant licenses for the explo- ration and exploitation of oil, gas and mines in the territory. White House Press Secre- tary Karine Jean-Pierre said Wednesday that President Joe Biden is monitoring the developments. “It’s concerning. We’re watching this very, very closely,” John Kirby, coor- dinator for strategic com- munications at the National Security Council in the White House, told reporters in a press briefing on Wednesday. “The [1899] decision needs to be re- spected. We obviously don’t want to see any violence occur here, or conflict oc- cur, and we’re obviously in touch with all of our part- ners.” WASHINGTON Venezuela’s threats to annex most of Guyana might be an effort by its leader to consolidate power at home ahead of a poten- tial presidential election next year instead of a real intention to invade its neighbor, U.S. officials say. But Washington is increas- ingly concerned over how far Nicolás Maduro might be willing to go. An internal State Depart- ment assessment and the consensus of international observers and independent analysts conclude that Ma- duro is seeking leverage against the United States at the negotiating table by threatening an invasion of western Guyana, a region that is rich in oil and gas and has been disputed between the two countries for over a century. Maduro has been under U.S. sanctions for years for undermining Venezuelan democracy and is under pressure from Washington to hold free and fair elec- tions. The Biden administration is not seeing imminent signs of an invasion. But the possibility is raising anxiety in the region. United Na- tions Secretary General António Guterres on Wednesday called on Caracas to refrain from using force and to respect a recent ruling of the In- ternational Court of Justice. The U.N. court last week called on Venezuela to avoid taking any action that would change Guyana’s control and administration of the Essequibo region. “The Secretary-General strongly supports the use of solely peaceful means to settle international dis- putes,” Guterres’ spokes- man, Stéphane Dujarric, said, confirming that the U.N. leader had spoken to Guyana’s president, Irfaan Ali, the previous evening over the latest escalation. AN EXCUSE FOR MARTIAL LAW? In Washington, concerns mounted that Venezuelan military action against Guyana could provide Ma- duro with an excuse to impose martial law in his troubled South American nation of 28 million, setting favorable conditions for himself in a sham presi- dential election next year, officials and experts said. Griffith, the security expert, said Maduro is “pushing the envelope on what I call the psychological warfare against Guyana that he’s engaging in, the mil- itary maneuver, the creation of a base, the seven mea- sures he announced.” ‘HUMILIATING FOR BRAZIL’ The implications, he said, could also affect Brazil, which shares a border with both countries, and other South American nations, including Colombia, which has a border with Venezue- la. Several of the nations in the region have decades- long claims about their own borders. “If you have an opening of that Pandora’s box, there are a lot of countries that will rumble about their border. They’ll presume, ‘Can we revisit, can we revisit?’ ” he said. “The extent to which small and powerful friends of Guyana, people who are concerned about the respect for international law, people who are interested in peace and not instability, are able to signal directly and in- directly to Maduro that he has a certain line that he cannot cross, that will influ- ence how far he’s willing to push the envelope,” Griffith said. Oliver Stuenkel, an asso- ciate professor at the School of International Relations at Fundação Getulio Vargas in São Paulo, thinks there are few political actors capable of restraining Venezuela and said the crisis has be- come “potentially a head- ache for the Biden adminis- tration” and for South American leaders. “It is quite humiliating for Brazil,” which wants to be a regional leader in helping to resolve conflicts, he added, because instead of turning to Brazil for help, Guyana’s president sought out the U.S. “Guyana has already reached out to the United States, in part, because it doesn’t believe Latin Amer- ican governments are capa- ble or willing to condemn Venezuela more forcefully or as a last resort to actually defend Guyana,” Stuenkel said. The crisis is a reflection of the limitations of Brazil’s influence in the region, he added, because “this is the kind of thing where a re- gional leader would step up and make sure this doesn’t continue.” Stunkel said he believes Maduro’s plan isn’t to in- vade “but to produce a sense of crisis, mobilize the population for as long as possible because he needs to divert attention from the economic” crisis in Vene- zuela. “He now has a supposed mandate,” he said, noting that Maduro has published a new map that includes a new state of Essequibo in Venezuela. “I continue to believe an actual conflict is unlikely, but it’s already had a lot of effects.” This would not be the first time a Latin American country has threatened or waged war to distract from its domestic problems. There are several examples, including the 1982 conflict that erupted after Argentina seized control of the Falk- land Islands and pro- claimed the end of 149 years of British sovereignty. The 10-week war, ana- lysts note, didn’t fare well for Argentina, whose effort ended in defeat against the British military. Brian Fonseca, director of the Jack D. Gordon Institute for Public Policy and an adjunct professor in in- ternational relations at Florida International Uni- versity, believes what Ma- duro is doing isn’t that different. Though the border dis- pute between Guyana and Venezuela over the Essequi- bo was supposed to have been settled in 1899, Vene- zuelans have been support- ive of asserting claims over the region. Fonseca and others who closely monitor the region’s armies say that while Vene- zuela’s military is signif- icantly larger and better- equipped than the Guya- nese force, which has about 5,000 soldiers, the ability of Venezuela’s 100,000- plus soldiers to make their way into the dense jungle of the Essequibo region is in question. Venezuela’s forces suffer from a “lack of resources, lack of maintenance, inade- quate training,” Fonseca said. Manuel Cristopher Figue- ra, a former director of Venezuela’s intelligence service under Maduro, also cast doubt on Caracas’ ability to invade is neighbor. “Many of the positions are vacant, and many of the soldiers are poorly trained or have not been trained at all. So when you examine it, the operability is practically zero,” he said. He and other Venezuelan military experts do not believe that an invasion is in the works. NO U.S. MILITARY INVOLVEMENT Were Maduro to send troops into Guyana, none of the experts interviewed by the Miami Herald envi- sioned a scenario in which the United States, which currently provides Guyana with military expertise, would deploy troops to defend Guyana or the re- gion. “I think the Americans would try to rally a coalition of nations to condemn Venezuela and put added pressure” on Maduro, Fon- seca said. Fonseca said he believes Maduro’s motive for the saber-rattling is Machado’s recent overwhelming victo- ry in an opposition primary for the presidency. The U.S. pressure for free and fair presidential elec- tions in Venezuela next year and the ability of the oppo- sition to put forth its own candidate, Fonseca added, have “forced Maduro” to seek other leverage. Maduro’s threat to invade Guyana, a staunch U.S. ally, he added, “makes for far more complex” negotia- tions. Miami Herald journalist Ana Claudia Chacin con- tributed to this report. Jacqueline Charles: 305-376-2616, @jacquiecharles Ana Claudia Chacin: 305-376-3264, @AnaChacinc As Venezuela threatens to invade oil-rich Guyana, U.S. frets about how far Maduro will go BY MICHAEL WILNER, ANTONIO MARIA DELGADO AND JACQUELINE CHARLES mwilner@mcclatchydc.com adelgado@elnuevoherald.com jcharles@miamiherald.com ARIANA CUBILLOS AP | Dec. 4, 2023 An internal State Department assessment and international observers and independent analysts conclude that Nicolás Maduro is seeking negotiating leverage against the U.S. 10 ¥~~~ Grant a wish and make a diff ere nee! for more lhan 40 vears. lhe Miami Herald Holiday Wish Book profiles some of South Florida's neediesl individuals and families, as nominated by their social servkes case workers -children, the elderly, the hungry and the ailing. Once all eligible nominees· wishes have been fulfilled, Herald Charities Inc. may use funds for other charitable purposes. 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Herald [hariie<, Inc... a ,eparal~y incorpcraled IOI (C) (l) marilable organizatioo. All d<mtion, lo Herald (hanties, Inc. are lax dedu<ttbte as allowed by ~w. Herald Charities. Inc. ha< complied witn Ille reg!~ralion re<pre""1llS of (ha pier 4'16, Florida Slalute<, lhe Solic!alionsol (ontriootioos l<l A COPY Of THE Off Kl Al REGISTRATION ANO flNANOAI IHFORHATIOH HAY Bl OBTAIHEO fROII THE DIVISION Of CONSli'l[R SERVICES BY (AIUHG TllHREE l·B00·4lHll1 WHHIH THE STAIE. REGISIRATION 00B NOl lHPLY ENOORSEMENI. APPIIOVAL OR llt:COMMEHOATIOII BY IHE SIATE. CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday, December 19, 2023, at 7:00 p.m. at South Miami City Hall Commission Chambers. 6130 Sunset Drive. South Miami. FL 33143 , to consider the following public hearing item(s): AN ORDINANCE OF THE CITY COMM ISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ARTICLE II "DEFINITIONS;' SECTION 2.3 "DEFINITIO NS" AND ARTICLE III "ZONING REGULATIONS;' SECTION 3.6 "SUPPLEMENTAL REGULATIONS;' TO ADDRESS HOME GARAGES; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISEAGREEMENTWITH AMERICANWASTESYSTEMS, LLC TO LEASE A PORTION OF THE CITY-OWNED PROPERTY LOCATED OUTSIDE THE CITY'S JURISDICTION AT 4795 SW 75 AVENUE FOR THE OPERATION OF AN INDOOR WASTE PROCESSING AND LOADING FACILITY; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT RELATING TO THE LEASE OF THE PROPERTY; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Commission members will participate in Chambers or by video conferencing thro ugh the Zoom platform and members of the public may join the meeting via Zo om at (https://zoom.us/j/3056636338), by phone by calling + 1-786-63 5-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, an d 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 upo n 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 proce dure 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