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Ord No 11-25-2524ORDINANCE NO.11-25-2524 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,AMENDING SECTION 15-82 “PROHIBITED NOISE,”OF ARTICLE HI “NOISE,”OF CHAPTER 15 “OFFENSES AND MISCELLANEOUS PROVISIONS,”OF THE CITY CODE OF ORDINANCES TO REVISE THE NOISE REGULATIONS WITHIN THE CITY;PROVIDING FOR CORRECTIONS,SEVERABILITY,CONFLICTS, IMPLEMENTATION,AND AN EFFECTIVE DATE. WHEREAS,Article VIII,Section 2 of the Florida Constitution,and Chapter 166,Florida Statutes,provides municipalities with the authority to exercise any power for municipal purposes, except where prohibited by law,and to adopt ordinances in furtherance of such authority;and WHEREAS,the City Commission of the City of South Miami (“City”)finds it periodically necessary to amend its Code of Ordinances (“Code”)to update regulations and procedures to maintain consistency with state law,implement municipal goals and objectives, clarify regulations,and address specific issues and needs that may arise;and WHEREAS,Article III “Noise,”of Chapter 15,of the City’s Code addresses noise regulations within the City,including the intensity of noise and allowable hours;and WHEREAS,on October 15,2024,the City Commission adopted Ordinance No.34-34- 2509 comprehensively amending Article III “Noise,”of Chapter 15,of the City’s Code to revise and update noise regulations within the City,including enforcement procedures and penalties,and to repeal outdated provisions;and WHEREAS,on January 21,2025,the City Commission discussed further amendments to Section 15-82 “Prohibited Noises”,including re-evaluating the maximum noise limitations and addressing exemptions to the noise restrictions within the Transit Supportive Development District (TSDD);and WHEREAS,the City Commission wishes to amend Section 15-85 to update regulations relating to noise within the Transit Supportive Development District (TSDD)Sub-Districts;and WHEREAS,the City Commission considered the ordinance on February 4,2025 and approved the ordinance on first reading with modifications;and WHEREAS,on April 1,2025,the City Commission conducted a duly noticed public hearing as required by law and approved the ordinance on second reading;and Page 1 of 4 Ord,No.11-25-2524 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 15-82 “Prohibited Noise.”of Article HI “Noise”of Chapter 15,“Offenses and Miscellaneous Provisions”of the City Code.Section 1 5-82 “Prohibited Noise,”of Article III “Noise,”of Chapter 15,“Offenses and Miscellaneous Provisions,”of the City Code of Ordinances,is hereby amended to read as follows: Sec.15-82.Prohibited Noise. (a)Noise prohibition.It shall be unlawful for any person owning,occupying or having charge of any building or premises or any part thereof,in the city,at any time to make,continue, cause to be made or continued,or allow any noise,sound,or amplified sound,so as to disturb the peace,quiet and comfort of the neighboring inhabitants,where the noise, sound,or amplified sound exceeds the following decibel or sound level reading when measured from any a complainant’s real property line by a sound level meter: Day Time Noise Level Monday -Thursday 8:00 a.m.to 8:00 p.m.8O70dB or 5dB oyer ambient sound level;whichever i$greater; 8:00 p.m.to 8:00 a.m.65dB or 5dB over ambient sound , whichever is greater. Friday -Saturday 10:00 a.m.to 12:00 a.m.8O70dB or 5dB over ambient sound le veil whichever is greater. 12:00 a.m.to 10:00 a.m.65dB or 5dB over ambient sound level,-whichever is greater; Sunday 10:00 a.m.to 8:00 p.m.8070dB or 5dB over ambient sound level ;whichever is greater. 8:00 p.m.to 10:00 a.m.65dB or 5dB over ambient sound level,whichever is greater National Holidays 10:00 a.m.to 12:00 a.m.8Q70dB or 5dB over ambient sound level'whichever is greater. 12:00 a.m.to 10:00 a.m.65dB or 5dB over ambient sound level, whichever is greater. 1 Coding:Strikethrough-words are deletions to the existing words.Underlined words are additions to the existing words.Changes between first and second reading arc indicated with double-strikethrough and double underline andshadedingrey.Modifications made at second reading are shaded in ^ark glejl. Page 2 of 4 Ord.No.11-25-2524 (b)Exemptions.The following types of noise are hereby made exempt from the provisions of this Section: 1 .Properties within the Transit Supportive Development District: i,TODA and TSDA'Sub-Districtbi and the Downtown SoMi District:shall be exempt from these provisions between the hours of 9 a.m.and 4tJ2a.ni,paaJ ii.feSIM^ub DicMet^kaH-be cxcnvpMfenMheac provisions-befwcciHhed^MS-ef^a^? dndlTnimri^oyidcd&atan^ i ii ’•j •j •.i . Rxiuifod4v the City? UU TSNA Sub-District:shall be exempt from these provisions between the hours of 5 p.m. and 10 p.m.on Monday to Thursday.5 p.m.and 1 1 p.m.on Fridays,noon and 10 p.m.on Saturdays,and noon and 9 PM on Sunday,except CQiaJILerdal uses on properties fronting 74th Street are exempt until 12 a.m.on Fridays and Saturdays.provided4:ha^aAnv new commercial use that is within 100 feet of any residential property shall provide a noise attenuation study and implement any mitigation measures required by the City. 2.In the case of a special event,exhibition,exposition and/or festival,not exceeding five (5) days,permitted by the city manager,the special event permit may provide for a time period in excess of the limitations set forth in this article,but not to exceed midnight on Friday, Saturday and holidays and not to exceed 9:30 p.m.on Sunday through Thursday. *** 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. 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.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 6.Implementation.That the City Manager and City Attorney are authorized to take any and all actions necessary to implement this Ordinance. Section 7.Effective Date.This Ordinance shall become effective immediately upon adoption. PASSED on first reading on the 18th day of March,2025. Page 3 of 4 Ord.No.11-25-2524 PASSED AND ADOPTED on second reading on the 1st day of April,2025. ATTEST: CIT PPROVED AS TO FORM,READ AN LANGUAGE,LEGALITY AND EXECUTION THEREOF EISS SEROT ELFMAN COLE &BIERMAN,P.L. CITY ATTORNEY APPROVED: COMMISSION VOTE:4-0 Mayor Javier Fernandez:Yea Vice Mayor Brian Corey:Absent Commissioner Lisa Bonich:Yea Commissioner Steve Calle:Yea Commissioner Danny Rodriguez:Yea Page 4 of 4 Agenda Item No:7. City Commission Agenda Item Report Meeting Date: April 1, 2025 Submitted by: Daniela Cimo Submitting Department: Planning & Zoning Department Item Type: Ordinance Agenda Section: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15-82 “PROHIBITED NOISE,” OF ARTICLE III “NOISE,” OF CHAPTER 15 “OFFENSES AND MISCELLANEOUS PROVISIONS,” OF THE CITY CODE OF ORDINANCES TO REVISE THE NOISE REGULATIONS WITHIN THE CITY; PROVIDING FOR CORRECTIONS, SEVERABILITY, CONFLICTS, IMPLEMENTATION, AND AN EFFECTIVE DATE. 3/5 (COMMISSIONER CALLE) Suggested Action: Attachments: CC Memo Noise Ordinance-Second Reading.docx 4AT3394-Ordinance Amending Sec. 15-82 Prohibited Noise Second Reading CAv2.DOCX Ad.pdf 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:April 1, 2025 City Commission Meeting SUBJECT:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15-82 “PROHIBITED NOISE,” OF ARTICLE III “NOISE,” OF CHAPTER 15 “OFFENSES AND MISCELLANEOUS PROVISIONS,” OF THE CITY CODE OF ORDINANCES TO REVISE THE NOISE REGULATIONS WITHIN THE CITY ______________________________________________________________________________ This item is sponsored by Commissioner Calle and was prepared and placed on the agenda at the direction of the City Commission following a discussion at the January 21, 2025, regular City Commission meeting. The ordinance was heard on first reading on February 4, 2025, and the Commission passed the ordinance with changes. This version of the ordinance for consideration of adoption and second reading includes the changes. 2 SouthTMiami THE CITY OF PLEASANT LIVING 8A .............................................................................................MIAMI HERALD FRIDAY FEBRUARY 7 2025 THE CITY OF CORAL GABLES, FLORIDA NOTICE OF ELECTION QUALIFYING DATES Notice is hereby given that the City of Coral Gables will hold its Gen- eral Biennial Election on April 8,2025,to fill the commission seats for Mayor-Group I,Commissioner-Group II and Commissioner-Group III. The qualifying period for candidates will begin on Monday, February 17,2025 (noon)through Friday,February 21, 2025 (noon). Information regarding this election is available on the City of Coral Ga- bles City Clerk’s website at:www.coralgables.com.If you have any questions or concerns,you may email Billy Y.Urquia,City Clerk at Burquia@coralgables.com or by telephone at 305-569-1812. BILLY Y.URQUIA City CLERK CITY OF NORTH MIAMI BEACH NOTICE OF PROPOSED ENACTMENT OF AN ORDINANCE BY THE CITY OF NORTH MIAMI BEACH,FLORIDA NOTICE IS HEREBY GIVEN THAT ON TUESDAY,FEBRUARY 18,2025 AT 6:00 PM,THE CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH,17011 N.E.19th AVENUE,NORTH MIAMI BEACH,FLORIDA,WILL CONSIDER THE FOLLOWING ORDINANCE ON SECOND AND FINAL READING AND PROPOSED PASSAGE THEREOF: ORDINANCE NO.2024-16 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF NORTH MIAMI BEACH,FLORIDA,AMENDING THE CITY OF NORTH MIAMI BEACH CODE BY AMENDING CHAPTER XVII,ENTITLED “STREETS AND SIDEWALKS,”BY CREATING A NEW SECTION, SECTION 17-7 ENTITLED “ABANDONMENT AND VACATION OF RIGHT OF WAYS AND EASEMENTS”;TO PROVIDE A UNIFORM PROCEDURE FOR ABANDONMENTS AND VACA- TIONS OF CITY STREETS,ALLEYS,EASEMENTS,AND OTHER FEE OR NON-FEE PROP- ERTY INTEREST OF SIMILAR CHARACTER;PROVIDING FOR CODIFICATION,CONFLICTS, SCRIVENER’S ERRORS,SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. All interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Members of the public may watch/listen to the meeting on Comcast Channel 77 or at https://www.citynmb.com/174/ NMBTV-Live-Stream ANDRISE BERNARD,MMC,CITY CLERK SHOULD ANY PERSON DESIRE TO APPEAL ANY DECISION OF THE CITY COMMISSION WITH RESPECT TO ANY MAT- TER TO BE CONSIDERED AT THIS MEETING,THAT PERSON SHALL INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE INCLUDING ALL TESTIMONY AND EVIDENCE UPON WHICH ANY APPEAL MAY BE BASED. (F/S 286.0105) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990,PERSONS NEEDING SPECIAL ACCOMMO- DATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE OFFICE OF THE CITY CLERK FOR ASSISTANCE NO LATER THAN TWO (2)DAYS PRIOR TO THE PROCEEDING AT 305-787-6001. 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,February 18,2025, 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): A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING A MULTIYEAR AGREEMENT WITH ENVISIO SOLUTIONS,INC.FOR STRATEGIC PLANNING AND PERFORMANCE MANAGEMENT SOFTWARE AND PROFESSIONAL SERVICES TO ENHANCE CAPITAL PROJECT TRACKING,REPORTING AND TRANSPARENCY,IN AN AMOUNT NOT TO EXCEED $13,500 IN FY 2025 AND PROVIDING FOR AN AN- NUAL SUBSCRIPTION AMOUNT OF $9,785 IN FY 2026,AND AUTHORIZING AN ANNUAL 5%INCREASE EVERY FISCAL YEAR THEREAFTER FOR THE REMAINING YEARS 3 THROUGH 5;AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT FOR THE SOFTWARE AND SER- VICES;PROVIDING FOR IMPLEMENTATION,CORRECTIONS,AND AN EFFEC- TIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AMENDING SECTION 20-4.8 “NONCONFORMING USES AND STRUCTURES”OF ARTICLE IV “OTHER REGULATIONS,”OF THE LAND DEVELOPMENT CODE TO REVISE REGULATIONS RELATING TO NON- CONFORMING STRUCTURES OR USES;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,AMENDING SECTION 15-82 “PROHIBITED NOISE,” OF ARTICLE III “NOISE,”OF CHAPTER 15 “OFFENSES AND MISCELLANEOUS PROVISIONS,”OF THE CITY CODE OF ORDINANCES TO REVISE THE NOISE REGULATIONS WITHIN THE CITY;PROVIDING FOR CORRECTIONS,SEVER- ABILITY,CONFLICTS,IMPLEMENTATION,AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AMENDING THE COMPOSITION AND PROCEDURES OF THE DESIGN REVIEW BOARD;PROVIDING CORRECTIONS;SEVERABILI- TY;CONFLICTS;IMPLEMENTATION;AND AN EFFECTIVE DATE. 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 per- son 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 inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not oth- erwise 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 lost the election,never mind how they can win in the future. And in a first step toward elevating new leaders,an election this weekend for chair of the Democratic National Committee,the party chose a candidate, Ken Martin of Minnesota, who said he planned to conduct a post-election review largely focused on tactics and messaging. Martin said he had not determined the parameters of the review other than that he was not interested in discussing whether form- er President Joe Biden should have sought reelec- tion. More than 50 interviews with Democratic leaders OXON HILL,MD. As Democrats face the reality of President Donald Trump’s second term,they share a fundamental belief: This moment calls for an inspirational message from their party. They just cannot decide what,exactly,that should be. In private meetings and at public events,elected Democrats appear lead- erless,rudderless and di- vided.They disagree over how often and how stri- dently to oppose Trump. They have no shared un- derstanding of why they revealed a party that is struggling to define what it stands for,what issues to prioritize and how to con- front a Trump adminis- tration that is carrying out a right-wing agenda with head-spinning speed.Gov- ernors,members of the Senate and the House,state attorneys general,grass- roots leaders and DNC members offered a wide range of views about the direction of their party. Their concerns are spill- ing out into public,as the country’s most powerful and prominent Democratic politicians air sharp dis- agreements over how ag- gressively they should oppose Trump. “We’re not going to go after every single issue,” Senate Minority Leader Chuck Schumer of New York said in an interview. “We are picking the most important fights and lying down on the train tracks on those fights.” ‘WE’VE GOT TO STAND UP AND FIGHT’ Many Democrats think that picking battles is the wrong approach when dealing with a president who is willing to disregard constitutional norms and legal guidelines. On a private call with Schumer last week,a half- dozen Democratic gover- nors pressed him to be more aggressive in oppos- ing the entire Trump agen- da —not just those issues on which the party thinks it can score strategic victo- ries. “He is not somebody that you can appease,” Illinois Gov.JB Pritzker said in an interview. “We’ve got to stand up and fight.And by the way,at the state level,I think many of us are.But I think that we’ve got to make sure that in the Senate and the House,that the people who have a platform are stand- ing up.” Democrats broadly agree that they need to do more to address the issues that powered Trump’s cam- paign,such as grocery costs,inflation and im- migration.But there is little consensus on how —or even whether —to pri- oritize the party’s tradition- al concerns,including abor- tion rights,LGBTQ+equal- ity and climate change. Some Democrats fear that even as those issues contin- ued to animate the party’s base,they failed to res- onate among a broader swath of voters in the last presidential election. “We have no coherent message,”said Rep.Jas- mine Crockett,D-Texas. “This guy is psychotic,and there’s so much,but every- thing that underlines it is white supremacy and hate. There needs to be a mes- sage that is clear on at least the underlying thing that comes with all of this.” Still,a healthy segment of the party believes that a narrow focus on the econo- my is the best way to win back voters who supported Trump because they hoped he would lower prices and make their lives easier. “There are people in the middle —and trust me, there’s a lot of them —that wanted costs to go down,” said Sen.Amy Klobuchar, D-Minn.“Instead,what they see is chaos going up, corruption going up with the firing of the inspector generals,and guess what else is going up?Egg prices.” CALLS FOR TACTICAL TWEAKS AND PATIENCE The tepid race for DNC chair illustrated the lack of a broad party message that goes beyond attacking Trump to offer a new vi- sion. As party members gath- ered in Washington this weekend,they heard from candidates for chair who offered largely tactical solutions and fiery attacks on Trump that echoed the party’s message eight years ago.The eventual winner, Martin,offered a diagnosis that was all about how the party communicated,rath- er than what it was saying. “The policies that we support and the message that we have is not wrong,” Martin said in an interview after his election.“It is a messaging problem and a brand problem.Those voters are not connecting our policies with their lives.” Rep.Josh Gottheimer,a Democrat who is running for governor of New Jersey, said the party must reset its message to focus more intensely on affordability — lowering costs of housing, groceries and child care. “Within the party,we need to make sure we have a very clear direction to go,”he said.“We need to have our own ideas.We’ll never win again if we are just playing defense.” A Quinnipiac University poll conducted the week after Trump took office found that 57%of voters viewed the Democratic Party unfavorably —the highest level since 2008. ALLISON ROBBERT The New York Times Former Democratic National Committee Chairman Jamie Harrison,right,congratulates Ken Martin,the new DNC chairman,after Martin’s election in National Harbor,Md.,on Saturday. ‘We have no coherent message.’Democrats struggle to oppose Trump’s agenda BY LISA LERER AND REID J.EPSTEIN NYT News Service Thousands of people on Wednesday turned out across the U.S.to protest President Donald Trump’s flurry of early actions, denouncing his plans for mass deportations,his attacks on diversity initia- tives and his efforts to restrict transgender rights. The demonstrations, which popped up in major cities and state capitals in more than a dozen states, appear to have been spurred online,with word spreading via hashtags such as “#BuildtheResistance.” They were loosely orga- nized under an unofficial tagline —50501,to repre- sent a goal of 50 protests in 50 states on one day,ac- cording to various websites and social media accounts. Most demonstrations be- gan in the afternoon at capitol buildings and at city halls. Those involved say that the movement is meant to protest Trump’s early ac- tions and Project 2025,the conservative policy blue- print that Trump sought to distance himself from dur- ing the campaign.Many of his plans so far are aligned with Project 2025 propos- als. The demonstrations gained momentum this week on social media plat- forms including Reddit, Instagram,TikTok and X, the social media site owned by Elon Musk,the world’s richest man and a close adviser to Trump.Musk’s own moves —leading a team that has aggressively pushed into the systems of a number of government agencies and attempted to shutter at least one whole- sale —have also prompted protests. Carrie Rheingans,a Democratic state repre- sentative in Michigan who spoke at the protests in Lansing,said people from across the state gathered at the state Capitol in below freezing temperatures.She added that the protests came together over 48 hours and were organized by people who “couldn’t take it anymore.” “This was organized by people,for people,for the protection of all people,” Rheingans said.“There will be more actions.There will be more organizing.There will be more things for regular everyday Amer- icans to plug into.This is just the beginning.” In Austin,Texas,demon- strators filled the lawn and walkway outside of the state Capitol,chanting and holding signs that read, “We the people reject Pro- ject 2025.”On the East Cost,people gathered on the streets of Philadelphia, and police stood watch at protests in Boston. People filled the steps and snowy walkways lead- ing to the Minnesota Capi- tol in St.Paul,waving American and Mexican flags,as well as LGBTQ+ pride flags.Denver resi- dents protested by foot and vehicle,waving signs and flags out of their car win- dows as they drove down Lincoln Street in Denver near the Colorado Capitol. Many protesters were criticizing both Trump and Musk. The demonstrations Wednesday came days after marchers shut down the U.S.101 highway in Los Angeles for several hours, decrying Trump’s plans for mass deportations.Wheth- er the protests will amount to a sustained anti-Trump movement is yet to be seen. Thousands protest Trump policies across the U.S. BY SARA RUBERG NYT News Service 7 FRIDAY MARCH 21 2025 MIAMI HERALD.............................................................................................5A CITY OF SOUTH MIAMI,FLORIDA NOTICE OF PUBLIC HEARINGS OF CITY COMMISSION FOR AMEND- MENTS TO THE CITY COMPREHEN- SIVE PLAN,FUTURE LAND USE MAP, AND OFFICIAL ZONING MAP Notice is hereby given that the City Commission will hold a public hearing on Monday,March 31,2025, at 6:00 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 MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AMENDING POLICY 1.1.1 OF THE FUTURE LAND USE ELEMENT OF THE CITY OF SOUTH MIAMI COMPREHENSIVE PLAN TO ES- TABLISH A MAXIMUM DENSITY OF 200 DWELLING UNITS PER ACRE IN THE “TRANSIT-SUPPORTIVE DEVELOPMENT”DESIGNATION AND MODIFY ITS DE- SCRIPTION;PROVIDING FOR TRANSMITTAL;CORRECTIONS;SEVERABILITY; CONFLICTS;IMPLEMENTATION;AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AMENDING THE FUTURE LAND USE MAP OF THE FUTURE LAND USE ELEMENT OF THE CITY OF SOUTH MIAMI COMPREHEN- SIVE PLAN TO CHANGE THE FUTURE LAND USE DESIGNATION OF PARCELS CURRENTLY DESIGNATED “MIXED-USE COMMERCIAL-RESIDENTIAL”,“RESI- DENTIAL /LIMITED COMMERCIAL”,“BUSINESS OFFICE”,“PARKS AND OPEN SPACE”,“MULTI-FAMILY RESIDENTIAL”,“TOWNHOUSE RESIDENTIAL”,“SIN- GLE FAMILY RESIDENTIAL”,“HOSPITAL”,AND “PUBLIC INSTITUTIONAL”TO THE “TRANSIT-SUPPORTIVE DEVELOPMENT”DESIGNATION;PROVIDING FOR TRANSMITTAL;CORRECTIONS;SEVERABILITY;CONFLICTS;IMPLEMENTA- TION;AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AMENDING THE ZONING MAP OF THE CITY OF SOUTH MIAMI,TO CHANGE THE ZONING OF VARIOUS PROPERTIES FROM: “TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE-5 (TSDD MU-5)”, “TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE-6 (TSDD MU- 6)”,“TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT MIXED USE –MARKET (TSDD-MUM)”,“TRANSIT-SUPPORTIVE DEVELOPMENT DISTRICT PUBLIC IN- STITUTIONAL (TSDD-PI)”,“SPECIALTY RETAIL (SR)”,“HOMETOWN DISTRICT OVERLAY (HD-OV)”,“HISTORIC OVERLAY (HP-OV)”,“NEIGHBORHOOD RETAIL (NR)”,”LOW DENSITY OFFICE (LO)”,“RESIDENTIAL OFFICE (RO)”,“PUBLIC IN- STITUTIONAL (PI)”,“HOSPITAL (H)”,“MEDIUM-DENSITY MULTI-FAMILY RES- IDENTIAL (RM-24)”,“LOW-DENSITY MULTI-FAMILY RESIDENTIAL (RM-18)”, “TOWNHOUSE RESIDENTIAL (RT-6)”,“LOW DENSITY SINGLE FAMILY (RS-3)”, AND “PARKS AND RECREATION (PR)”TO “TRANSIT SUPPORTIVE DEVELOP- MENT DISTRICT (TSDD)”;PROVIDING FOR CORRECTIONS;SEVERABILITY; CONFLICTS;AND AN EFFECTIVE DATE. 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 inadmissible or irrelevant evidence,nor does it authorize challenges or ap- peals 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 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,April 1,2025,at 7:00 p.m. at South Miami City Hall Commission Chambers,6130 Sunset Drive,South Miami,FL 33143,to con- sider the following public hearing item(s): A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA [APPROVING/DENYING]AN APPLICATION FOR FINAL PLAT PURSUANT TO SECTION 20-4.2 OF THE LAND DEVELOPMENT CODE SEEKING TO SUBDIVIDE A PROPERTY WITHIN THE LOW DENSITY SIN- GLE-FAMILY RESIDENTIAL (RS-3)ZONING DISTRICT LOCATED AT 5865 N.KENDALL DRIVE AND THE RESIDENTIAL MODIFIED ESTATE (EU-M)ZONING DISTRICT OF THE VILLAGE OF PINECREST,FLORI- DA,LOCATED AT 5865 SW 88 STREET;PROVIDING FOR CONDITIONS;CORRECTIONS;IMPLEMENTA- TION;SEVERABILITY;AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA, AMENDING THE ZONING MAP OF THE CITY OF SOUTH MIAMI TO CHANGE THE ZONING DISTRICT OF THE PROPERTY LOCATED AT 6540 MANOR LANE FROM “DUPLEX RESIDENTIAL”(RT-6)TO “TOWN- HOUSE RESIDENTIAL”(RT-18);PROVIDING FOR CORRECTIONS;SEVERABILITY;CONFLICTS;IMPLE- MENTATION;AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORI- DA,AMENDING SECTION 15-82 “PROHIBITED NOISE,”OF ARTICLE III “NOISE,”OF CHAPTER 15 “OFFENSES AND MISCELLANEOUS PROVISIONS,”OF THE CITY CODE OF ORDINANCES TO REVISE THE NOISE REGULATIONS WITHIN THE CITY;PROVIDING FOR CORRECTIONS,SEVERABILITY,CON- FLICTS,IMPLEMENTATION,AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA, AMENDING SECTION 15A-18.“CONTROLLED PARKING RESIDENTIAL ZONES”,OF CHAPTER 15A -PARKING,OF THE CITY CODE OF ORDINANCES,TO ESTABLISH A SINGLE RESIDENTIAL PERMIT PARKING ZONE,PERMIT ELIGIBILITY AND ISSUANCE AND PROCEDURES FOR IMPLEMENTATION OF THE PROGRAM;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, AMENDING CHAPTER 15,“OFFENSES AND MISCELLANEOUS PROVISIONS,”ARTICLE I.“IN GENER- AL,”SECTION 15-63 “MOBILE VENDORS”TO PERMIT SPECIAL EVENTS FEATURING MOBILE VEN- DORS FOR RELIGIOUS INSTITUTIONS AND ESTABLISH REGULATIONS AND PERMIT PROCEDURES; PROVIDING FOR CORRECTIONS;PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICTS;PRO- VIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE. 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 ap- pearance 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 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 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 Being a fentanyl thief while working at Miami Beach’s Mount Sinai Med- ical Center cost a registered nurse his nursing license and a little freedom.Doing the same thing while work- ing at HCA Kendall Hospi- tal cost Emmanuel Valentin the rest of his freedom. Valentin,40,was sen- tenced in Miami federal court Monday to two years, two months in federal prison after pleading guilty to tampering with consum- er products,specifically swapping fentanyl for sa- line while at HCA Kendall. He was already on state probation until May 15, 202 7,for theft of a con- trolled substance and pos- session of a controlled substance,crimes that occurred while he worked at Mount Sinai. The Mount Sinai fentanyl thefts got Valentin fired in March 2023.Despite this, Valentin got hired at HCA Kendall,formerly known as Kendall Regional,in July 2023. “At the time HCA Ken- dall hired Valentin,they were not aware that Mount Sinai had fired him for diversion of fentanyl in March 2023,”Valentin’s admission of facts with his guilty plea says.“It is not known if this was inade- quate reporting to the Board of Nursing or for some other reason.Valen- tin did not disclose that his prior employment was terminated and why.” An email sent by the Herald to HCA Kendall Human Resources through the hospital’s website had yet to be answered. According to state docu- ments,Mount Sinai filed a complaint on Sept.19, 2023,with the Florida Department of Health about Valentin’s fentanyl “diversion”in March.That complaint was filed 29 days after HCA Kendall filed a complaint with the Depart- ment of Health about Val- entin’s fentanyl thefts there. An FDA expert anesthe- siologist Dr.Arthur Simone was prepared to testify, “Fentanyl injections are used to provide pain and relief during and after surgery”and “fentanyl is often used in conjunction with other medicines (in- cluding midazolam)before and during an operation as part of the overall anesthe- sia plan.” CAUGHT ON CAMERA HCA Kendall required nurses to get fentanyl and midazolam from a Pyxis machine.Staffers entered their personal access codes and fingerprints,get drug vials,count the vials left and enter that number in the Pyxis machine. On Aug.16,2023,a co-worker came into a room with a Pyxis machine and saw Valentin holding an opened vial of mid- azolam with the seal re- moved. “The seal should not have been broken until it was being administered to the patient,”Valentin’s guilty plea says.The co- worker saw “the vial was only half full.Valentin explained that he had mis- takenly thought that (the co-worker’s)patient was his patient and that was why he was removing the mid- azolam vial.” Upon hearing of this incident,HCA Kendall checked surveillance video for the four labs with Pyxis machines from Aug.9 through Aug.16,2023. What they saw:“Valentin would remove fentanyl and midazolam vials from the Pyxis machine and remove the drug from the vial with a syringe and insert saline solution from an IV bag in its place.” David J.Neal: 305-376-3559, @DavidJNeal Kendall nurse who swapped surger y fent anyl for s aline gets prison term BY DAVID J.NEAL dneal@miamiherald.com ‘‘AT THE TIME HCA KENDALL HIRED VALENTIN,THEY WERE NOT AWARE THAT MOUNT SINAI HAD FIRED HIM....IT IS NOT KNOWN IF THIS WAS INADEQUATE REPORTING TO THE BOARD OF NURSING OR FOR SOME OTHER REASON. Emmanuel Valentin’s admission of facts with his guilty plea 8 ;reei 71s*St. >treejSunsetDrive SW76lhSt Existing “Transit Supportive Development District"(TSDD) to be affected by proposed Comprehensive Plan change Parcels proposed to be redesignated from the existing Comprehensive Plan Future Land Use Map designation to "Transit Supportive Development District (TSDD)"