13South Miami
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
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SUBJECT:
An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by
changing the future land use map category from Public Institutional (Four Story) to Religious
(Two Story) for an area identified as 6781 Sunset Drive (Fellowship Church)
Folio: 09-4026-000-0130.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Map amendment that
was originally initiated at a workshop held by the City Commission on April 12, 2011. At
the workshop, it was decided that the new future land use map category entitled
"Religious (Two-Story)" be created so that religious uses would no longer belong as a
sub-category to Public/Institutional Uses. On November 1, 2011 the new comprehensive
plan category "Religious (Two-Story) was adopted by the City Commission on final
reading [Ordinance 35-11-2108] and transmitted to the State Department of Economic
Opportunity (formerly the Department "of Community Affairs). At a City Commission
meeting in March 2012, it was requested that the text amendments for religious
institutions be moved to the Planning Board, acting in its capacity as the Local Planning
Agency (LPA), for application to specific properties on the City's Future Land Use Map.
On June 19, 2012 following a public hearing, the Planning Board in its capacity as the
Local Planning Agency voted to recommend adoption of the new land use category by a
vote of 5 ayes; 1 nay.
CURRENT LAND USE MAP CATEGORY
The land use category on the City'S Future Land Use Map that is currently in the adopted
Comprehensive Plan reads as follows:
Public and Semi Publie Institutional Uses (Four-Story)
The public and semi public institutional land use category is intended to provide for
public schools, municipal facilities, utilities, aJ3:f:i churches, temples, synagogues and
similar uses. Areas designated public and semi public institutional should not be used for
other purposes without an amendment to this plan. Zoning regulations could permit
public and institutional semi public uses on sites not so designated by this plan. Schools
are hereby meant to be institutions of general education offering kindergarten through
Rtfl grade education or some substantial portion thereof. Building heights shall not
2001
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exceed the average of the maximum permitted in the surrounding zoning districts, but in
no case shall a building exceed four stories. (97-1 ER)
SITE ANALYSIS
COMPREHENSIVE LAND DEVELOPMENT ACTUAL USE
PARCELS PLAN EXISTING LAND CODE EXISTING
USE CATEGORY ZONING DISTRICT
NORTH SINGLE F AMIL Y RS-2 SINGLE FAMILY HOMES
RESIDENTIAL
EAST MULTI-FAMILY RT-6 TOWNHOMES
RESIDENTIAL
SOUTH SINGLE F AMIL Y RS-2; LO; PI SINGLE'FAMILY HOMES;
RESIDENTIAL/OFFICE/ OFFICES; CHURCH
INSITUTIONAL
WEST SINGLE F AMIL Y RS-2 SINGLE FAMILY HOMES
RESIDENTIAL
Compatibility of Use: The property fronts on Sunset Drive with a secondary entrance
on SW 67th Avenue, and is bounded by single family residential, multi-family and
offices. The majority of the property is currently green space and surface parking.
Compatibility of Density/Height: The property size is 7.05 acres (mol). The existing
land use map category and the existing zoning district would allow several uses, indicated
below. The proposed future land use map category will only allow for religious facilities
with a maximum building height of two-stories, and could also permit other ancillary
uses implemented by the category.
20-3.3 (D) -Permitted use schedule.
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Impact on Public Facilities: An important element of a future land use map amendment
is to assess the impact of the change on the public infrastructure serving the site. For
purposes of this report, presented below is a summary of the projected impact of the
proposed land use map category on public facility capacity.
a) Park/Recreation Facilities
Level of Service (LOS): City Comprehensive Plan: 4 acres per 1000 pop.
No Impact
b) Schools
o students; No impact.
c) Solid Waste
o lbs /day; No impact.
d) Wastewater (Sewer)
o gallons/per day; No impact
e) Potable Water
o gallons/per day; No impact
f) Traffic/Streets
o trips added; No impact
FUTURE LAND USE CATEGORY
Religious (Two-Story)
The "religious uses" land use category is intended to be applied to development projects
and properties providing religious facilities and could also permit other ancillary uses
implemented by the category, with building heights and intensities compatible with
surrounding districts. Areas designated religious should not be used for other purposes
without an amendment to this plan. Zoning regulations could permit religious uses on
sites not so designated by this plan. Building heights shall not exceed the average of the
maximum permitted in the surrounding zoning districts, but in no case shall a building
exceed two stories.
NEW FUTURE LAND USE CATEGORY
In order to create an appropriate land use category and zoning district that would assist in
implementing the strategy, the Planning and Zoning Department, working with the City
Commission have prepared a new future land use element which could be applied to
areas that specifically require medical services. The following parameters were used to
develop the category:
1. The new land use category cannot exceed the maximum of two (2) stories.
2. The maximum building height for the new land use category shall be as per the
following sub-parameters:
a. Compatible with the surrounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non-Residential Districts,
Section 20-3.5(G) of the Land Development Code;
3. The maximum density for the new land use category shall be as per the following
sub-parameters:
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a. Compatible with the surrounding and abutting properties and immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non-Residential Districts,
Section 20-3.5(G) of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
5. Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan.
FUTURE REZONING
The approval of the proposed Future Land Use Map amendment is a pre-requisite for a
future zoning district change, which will implement the Future Land Use Category. The
. current zoning district of "PI" Public Institutional allows for religious institutions
(churches) as a special use, requiring a special use review and approval. However, the
zoning district does not have specific dimensional requirements and may need to be
amended to an "R", Religious Zoning District. Ple'ase refer to Section 20-3.1(B)(28)
below. Staff is currently reviving options to address a "possible" new district, which
reflects the intent ofthe Religious land use category.
Current Land Development Land Development Code
20-3.1(B)(28) -Public/Institutional
PI" Public/Institutional District: The purpose of this district is to provide for schools,
governmental facilities, utilities and churches and similar uses, with building heights and
intensities compatible with surrounding districts. This district is appropriate in areas
designated "Public and Semi-Public" on the city's adopted Comprehensive Plan.
STAFF OBSERVATIONS
1. The proposed amendment was recommended in the 2006 Evaluation and Appraisal
Report, and is consistent with the adopted report (as amended).
2. A rezoning of the property may be required to change it from the existing Public
Institutional zoning district to a Religious zoning district. A religious zoning district
has not yet been established and will require Planning Board review and
recommendation prior to Commission approval.
3. The land use amendment and a subsequent zoning district change will formally
recognize the City's efforts and citizen participation in assuring the continued
compatibility of religious institutions with the surrounding residential neighborhood.
4. The impact of the proposed land use map category change will be insignificant as it
pertains to public facilities including traffic, waste collection, water and sewers.
5. Whenever a proposed change effectively makes the land use and zoning more
restrictive, there is always the possibility that the property owner could file a legal
challenge under Florida's Bert Harris Act.
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Background of Bert Harris Act
The Bert J Harris, Jr. Private Property Rights Protection Act of 1995 created a new
cause of action for an aggrieved prnperty owner who demonstrates that governmental
action "inordinately burdens" his property. The Act provides:
The terms "inordinate burden" and "inordinately burdened":
Mean that an action of one or more governmental entities has directly restricted or
limited the use of real property such that the property owner is permanently unable to
attain the reasonable, investment-backed expectationfor the existing use of the real
property or a vested right to a specific use of the real property with respect to the real
property as a whole, or that the property owner is left with existing or vested uses that
are unreasonable such that the property owner bears permanently a disproportionate
share of a burden imposed for the good of the public, which in fairness should be borne
by the public at large. [70.001 (3) (e) 1. Florida Statutes (2012) -Private property rights
protection]
The following is a timeline as it relates to this property.
Fellowship Church (formerly First Baptist) 6781 Sunset Drive
• 1968 Special Exception granted to construct the First Baptist Church of South
Miami in an RU-1A zone
• 1971 the property is zoned RB-2 (residential buffer district -townhomes)
• 1988 Future Land Use Map (FLUM) designation as Public Institutional (4-story)
• 1989 zoning map indicates the property is zoned Public Institutional
• 1997-Present the property has a FLUM designation of Public Institutional (4-story)
• July 2006 First Baptist sells the property to Fellowship Church
• 2011 Commission adopts new Religious future land use plan category
• 2012 Local Planning Agency recommends application of "R" category to FLUM
• Currently Zoned Public Institutional; staff is reviewing proposed Religious zoning
category regulations for possible application.
RECOMMENDATION
Staff recommends that if the Commission wishes t6 proceed with the application of the
Religious land use category, it should also be aware of the potential for a legal claim
under the Bert Harris Act. Additionally, if the land use map is amended to the new
category, then the Commission should consider approving a new or amended zoning
designation that reflects the intent of this land use category. It may be appropriate to wait
for the final adoption of the land use until such time that the zoning is also in place to
avoid creating a nonconforming condition between the land use and zoning.
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Subject Property
Existing Zoning
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Q City Bouudary
CRABouudary
III Single-Family Residential (TWo-Slory)
II DuplexResidential (Two-SIOty)
,II Townhouse Residential (Two~SIOly)
• MlIitiple-Family Residential (Four-Story)
II Residential I Limited Com. District (Two-Story)
II Mixed-Use Commercial Residential (Fonr-Story)
• to.D.D. (4++Story)
• Commercial Retail & Office (Tw;o-Story)
II. ResideIitial Office (lwo-StOry)
II EduCational (Foui-oStory)
II Public and fusti~tio~ (Four-Story)
• Parks a~d open Space
Attachments:
Ordinance 35-11-2108
Planning Board Minutes
7o\f"h~~; •• ;hn Tt.~.I,}OI '}17_,}"-_1 '}ll'pllnw.h;n rhnr~h "I JIM\Fellowshin Church FLUM Amendment CM reDort 7-24-12.doc
Page 7
I
2 ORDINANCE NO. ___ _
3
4 An Ordinance amending the Future Land Use Map of the South Miami
5 Comprehensive Plan by changing the future land use map category from Public
6 Institutional (Four Story) to Religious (Two Story) for an area identified as 6781
7 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130.
8
9 WHEREAS, the Florida Legislature intends that local planning be a continuous
10 and ongoing process; and
11
12 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to
13 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
14 policy guidance for growth and development; and
15
16 WHEREAS, on April 12, 2011 at a City Commission workshop, it was decided
17 that the new future land use map category entitled "Religious (Two-Story)" be created so
18 that religious uses would no longer belong as a sub-category to Public/Institutional Uses;
19 and
20
21 WHEREAS, on November 1, 2011 the new comprehensive plan category
22 "Religious (Two-Story) was adopted by the City Commission on final reading
23 [Ordinance 35-11-2108]; and
24
25 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on June
26 19, 2012 after public hearing, adopted a motion by a vote of 5 ayes and 1 nays
27 recommending that the City Commission amend the Future Land Use Map for the
28 property described in Section 1.
29
30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
31 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
32
33 Section 1. The City Commission hereby a Future Land Use Map
34 Amendment changing the future land use map category from Public Institutional (Four
35 Story) to the category Religious (Two Story), for an area identified for an area identified
36 as 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130.
37
38 Section 2. All ordinances or parts of ordinances in conflict with the provisions of
39 this ordinance are hereby repealed.
40
41 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
42 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
43 shall not affect the validity of the remaining portions of this ordinance.
44
45 Section 4. This ordinance shall be effective immediately after the adoption
46 hereof.
1 PASSED AND ADOPTED this day of 2012.
2
3
4 ATTEST: APPROVED:
5
6
7 CITY CLERK MAYOR
8 1 st Reading:
9 2nd Reading:
10
11
12 READ AND APPROVED AS TO FORM
13 LANGUAGE, LEGALITY AND
14 EXECUTION THEREOF: Commission Vote
15 Mayor Stoddard:
16 Vice Mayor Liebman:
17 Commissioner Newman:
18 CITY ATTORNEY Commissioner Harris:
19 Commissioner Welsh
ORDLl\TANCE NO. 35-11-2108
An Ordinance of the Mayor .and City Colnln:ission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the .Comprehensive Plan Future Land Use Eiement in order to' adopt a new future
land use map category entitled "Religious .(Two-Story)," which could be applied to
development projects and properties providing religious facilities and could also:
permit other ancillary uses implemented by the category, with building heights and
intensities compatible with' surroundinK districts; provi<J.ing for severability,
providing for ordinances in conflict; and providing an effective date.
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statues, directs local governments to
adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
policy guidance for growth aild development; "and
WHEREAS, On April 12, 2011, the City Commission held an advertised
workshop that initiated various text amendments to the South Miami Comprehensive
Plan; and
WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after
public hearing, adopted a motio~ by a vote of 5 ayes 1 nay recommending approval as
presented of the proposed amendment; and
WHEREAS, the City Commission desires to accept the recommendation of the
Local Planning Agency and enact the aforesaid amendment.
NOW, THEREFORE, BE .IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: "
" Section 1. The City Commission hereby approves amending the Comprehensive
Plan Future Land Use Element by adopting a new future land use map category entitled
"Religious (Two-Story)," which shall be included in Chapter 1 Future Land Use
Element and shall read as follows:
Religious (Two-Story)
The "religious uses" land use category is intended to he applied to development protects
and properties providing religious facilities and could also permit other ancillary uses
implemented by the category, with building heights and intensities compatible with
surrounding districts. Areas designated religious should not be used for other J2ur:poses
without an amendment to this plan. Zoning regulations could permit religious uses on
sites not so designated bv this plan. Building heigh;ts shall not exceed the average of the
maximum permitted in the surrounding zoning districts, but in no case shall a building
exceed two stories.
Ord. No. 35-11-2108
2
Permitted heights, densities, and intensities shall be set forth as part of a corresponding
zoning use district in the Land Development Code subject to the following maximum
levels of development: maximum building height oftwo stories.
Section 2: Severability, If any section~ clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdictioIl; this hoiding shall not affect the validity of the remaining portions of tlris
ordimince. .
Section 3: Codification. The provisions of this ordinance shall become and be
made part of the Code of 'Ordinances of the City of South Miami as amended. The
sections ofthis ordinance may be renumbered or re-lettered to accomplish such intention;
and, the word "ordinance,r may be changed to "section" or other appropriate word.
Section 4:. Ordinances in Conflict. All ordinances or parts of ordinances and aU
section and parts· of sections of ordinances in direct conflict herewith are hereby repealed.
However~ it is not the intent of this section to repeal entire ordinances, or parts of .
ordinances, that give the appearance of being in conflict when the two ordinances can be
hannonized or when only a portion of the ordinance in conflict needs to be repealed to
hannonize the· ordinances. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 5: Effective Date. This ordinance shall become effectiv:e at the
~en days after adoptiofr.-The effective date of this plan amendment. if the
amendment is not timely: challenged, shall be 31 day:s after the state land plann'ing agency: notifies
the local government that the plan amendment package is complete. If timely challenged,. this
amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order detennining this adopted amendment to be in
compliance. No development orders, development permits, or land uses dependent on this
amendment may be issued or commence before it has become effective. If a tina!' order of
noncompliance is issued by the Administration Commission. this amendment may nevertheless
be made effective by adoption of a resolution affinning its effective status, a copy of which
resolution shall be sent to the state land planning agency.
Ord. No. 35-11-2108
3
PASSED AND ADOPTED this'! st day ofNoveruber ,2011
ATTEST: APPROVED:
~ 1st Reading: 5 3/11 '
2nd Reading: 1/1/11 Commission Vote: 5-0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
$1,332,450
$2,372,439
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
Disclaimer:
MIAMI-DADE COUNTY
OFFICE OF THE PROPERTY APPRAISER
PROPERTY SEARCH SUMMARY REPORT
Honorable Pedro J. Garcia
Property Appraiser
2010
ExemptionfT axable ExemptionfT axable
$3,399,537/$0 $3,704,8891 $0
$3,399,537/$0
Sales which are qualified
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virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
ActiQn: The meeting was called to order at 7:37 PM.
Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mrs. Beckman, Mr. Dundorf, Dr. Hauri, Dr. Philips and Mr. Vitalini.
Board Member absent: Mr. Cruz (Vice-Chairman).
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator), Ms. Tiffany Hood (Office Support).
City staff absent: None
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
There are no administrative matters at this time.
IV. Public Hearings
PB-12-01S
Applicant: City of South Miami
Location: 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130
An Ordinance amending the Future Land Use Map of the South Miami Comprehensive
Plan by changing the future land use map category from Public Institutional (Four Story)
to Religious (Two Story) for an area identified as 6781 Sunset Drive (Fellowship Church)
Folio: 09-4026-000-0130
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Mrs. Beckman read the item into the record.
Mr. Brimo presented the item to the Board.
The Chairman Opened the Public Hearing.
NAME
Pastor Rivera
ADDRESS
6750 Sunset Dr.
SUPPORT/OPPOSE
Oppose
Pastor Rivera is the Pastor of University Christian Church. He stated that he is opposition of this
proposal because of the change from a four story designation to a two story designation and feels
that it infringes on their rights to exist as a church organization. He also stated that he is
displeased that they were not considered before this decision was reached.
NAME
Scott Wilson
ADDRESS
6781 Sunset Dr.
SUPPORT/OPPOSE
Oppose
Scott Wilson is the Pastor of Fellowship Church Miami. He stated that he objects to this proposal
for three reasons. The first reason addressed was the lack of communication between the City of
South Miami and the church regarding this proposal. He stated that this proposal is viewed by
the church as their rights being stripped and would like the language to be changed. The second
reason stated were future considerations of a daycare and an elementary school being
implemented. The third reason stated was· the future sale of the property to accommodate the
growing needs of the church; this will limit who they are able to sell to. He then stated that his
recommendation would be to table this and work together with the attorneys to work out the
language in the proposal to prevent any future conflicts.
NAME
Ed
ADDRESS
6780 SW 69th Terr.
SUPPORT/OPPOSE
Support
Mr. Green stated that he is a resident of South Miami and would like to see this change to a
religious two stories. He also stated that the potential sale of this property and an increase in
traffic flow are of concern.
NAME
Dave Morton
ADDRESS
6465 Sunset Dr.
SUPPORT/OPPOSE
Support
Mr. Morton stated that he is a resident of South Miami and would like to see this change to two
stories. He also stated a concern of the density of a four story property and an increase in traffic
within the community.
NAME
Mirla Arteaga-Cespedes
ADDRESS
6720 SW 69 th Terr.
SUPPORT/OPPOSE
Support
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She stated that she lives directly behind the church. She then stated that she has no problem with
the preschool and the church as a two-story. However there is a great concern of expansion and
also the possible sale of the property.
NAME
Gloria Dobal
ADDRESS
6741 SW 69th Terr.
SUPPORT/OPPOSE
Support
She stated that she is in favor on this remaining as a two story. She stated that the change to a
four story would be worse for everyone in the community.
NAME ADDRESS SUPPORT/OPPOSE
Paul Eisenhart 7029 SW 68th Ct. Undecided
He stated that he is not for the proposal or against it. He then stated that he would like to see this
proposal deferred to allow the property owners the opportunity to discuss and to achieve a
clearer understanding and the ordinances.
NAME ADDRESS SUPPORT/OPPOSE
Josie Van Hemert 7011 SW 68 Ct. Support
She stated that would like for these churches to remain a two story and not a four story
designation. She also stated that she has concerns of the possibility of these properties expanding
or becoming high schools and also the increase of traffic as well.
NAME
Marisa de Cordoba
ADDRESS
7101 SW 68 th Ct.
SUPPORT/OPPOSE
Support
She stated that she is in favor of this proposal. She stated that she has concerns of noise, the
children and increase in traffic in the area.
NAME ADDRESS SUPPORT/OPPOSE
Robert Abello 681 i Sunset Dr. Support
He stated that he is a resident of South Miami and he would like to see this change to a two story
designation. He also stated that he has a major concern of an increase in the traffic flow.
NAME
Maria Eisenhart
ADDRESS
7029 SW 68 th Ct.
SUPPORT/OPPOSE
Support
She stated that she has been a resident for twenty-four years in this same house. She then stated
that she likes the church and has had no problems; however she stated there is rumor of the
church being sold with the possibility of a four story going up and the risk of it no longer being a
religious institution that in itself is not favorable.
The Chairman Closed the Public Hearing.
Dr. Philips stated that if this proposal is approved does this limit the owners to use this property
as religious only. Mr. Brimo responded that as the definition that was adopted in the text for
ancillary use of this institution, this does not address the zoning issues relative to this property
this is just a land use amendment. Dr. Whitman stated that when the zoning is created for this
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property then at that time a school or a religious school could be allowed as a special or
permitted use potentially. He then stated that this proposed change would not preclude the
church from running a school on their site. Mr. Brimo stated that currently under the public
institutional schools are permittcd as spccial uses, so these properties would have to go through a
special use review process.
Mr. Brimo stated that in the near future in the Land Development Code the story designations
will be converted into heights and Land Use Map will show the categories with no designations.
Mr. Dundorf stated that this proposal is taking away the building rights of the property owners.
Dr. Whitman then suggested that he address the City Attorney Mr. Pepe regarding this issue. Mr.
Dundorf then asked Mr. Pepe if we are exposing ourselves to the risk of a law suit with the
taking away of rights to these churches if they had four story rights at the time of purchase
hypothetically speaking. Mr. Pepe responded that it is a good possibility and he needs to research
this further. Mr. Dundorf then asked the owners if they are planning to build a school. Pastor
Wilson stated there is that possibility of it and the language is still unclear to him. Pastor Rivera
stated that his concerns of building higher if there is a hurricane and the building is damaged
would they not be allowed to build again at the current height or would they be restricted. Mr.
Pepe responded that yes they would be allowed to rebuild at the current height. Pastor Rivera
then stated that if he wanted to build a community center on the property, a school or something
that would go higher than two stories. Mrs. Beckman stated that the Board is just changing the
name of the Land Use category and not the zoning of this property. She then stated that zoning
has to be shared with everyone in the City of South Miami and feels that it should be a two story
designation. Dr. Whitman stated that he fully supports this proposal and we need to limit the
height of buildings that are adjacent to our residential neighborhoods.
Motion: Mrs. Beckman motioned for approval as presented. This motion was seconded by Dr.
Philips.
Vote: Approved: 5 Opposed: 1
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Dr. Rauri: Yes
Mr. Dundorf: No
V. Approval of Minutes:
Planning Board Minutes of April 10, 2012 -The Board members reviewed the minutes and
were in favor of approval of the minutes with minor changes.
Motion: Dr. Whitman motioned to approve the April 24, 2012 Minutes. This motion was
seconded by Mrs. Beckman.
Vote: Approved: 5 Opposed: 0
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
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Mr. Dundorf: Yes
Mr. Vitalini: Yes
Dr. Hauri abstained [rom the vote due to her absence from this meeting.
Planning Board Minutes of May 8, 2012 -The Board members reviewed the minutes and were
in favor of approval of the minutes with no changes.
Motion: Mr. Vitalini motioned to approve the May 8,2012 Minutes. This motion was seconded
by Mr. Dundorf.
Vote: Approved: 5 Opposed: 0
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Motion: Mr. Dundorf stated that we sited in on only two of the churches by recommendation of
the City Commission and recommended that we should cover all the churches within the City of
South Miami and this also should apply to the hospitals as well. This motion was seconded by
Dr. Hauri.
Vote: Approved: 6 Opposed: 0
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Dr. Hauri: Yes
Mr. Pepe informed the Board that he did the research regarding items PB-12-015 and PB-12-
016 if the story designation is a taking. His findings were that it is not a taking because anyone
who purchases property is on notice of future changes due to the Comp Plan and also zoning
changes.
VI. Future Meeting Dates: Tuesday, July 10,2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:50 PM.
Z:\Commission Items\2012\7-24-12\Fel\owship Church FLUM\PB-12-015 -Final Regular Meeting Minutes Excerpta:gl§1 90f 5
12.doc
THE MIAMI HERALD I MiamiHerald.clm SE SUNDAY, JULY 29, 2012 I 25SE
SOUTH MIAMI
Commission meeting gets contentious
• BUDGET, FROM 3SE
Mirabile said that despite
the snuggles with the econo-
my, the city was in good fi-
nancial health. This year, the
city is "very close to coming
to break-even" and even have
"some little savings." He said
he had some concerns for
next year. For the first time in
the history of South Miami,
the police deparnnent's cost
is greater than the general
fund revenues from property
taxes, he said.
ferred to him, Police Chief
Orlando Martinez de Castro
and Newman, who are all of
Cuban heritage, as the "Cu-
ban Mafia."
"It is illegal in this country
to discriminate on the basis
of race, creed, sexual orien-
tation or national origin,"
Mirabile said in the letter.
Beckman said she was not
discriminating against Mi-
rabile and said that she likes
Cubans. Stoddard disap-
proved of Mirabile's letter
and presented a response. In
his letter addressed to Mira-
bile, he said that his allega-
tions of "hate crime" and
"conspiracy" were extreme
and inaccurate.
"Conspiracy means that
people are agreeing to com-
mit a crime. No one has
committed a crime here,"
Stoddard said. "In a demo-
ing this week.
Welsh said Newman and
Mirabile's accusations lack
weight. He has expressed
publicly and in one of the
flyers he hands out to city
residents that he doesn't
think Mirabile and Martinez
de Castro have the city's
best interest at heart.
Earlier this month, Welsh
called for a special meeting
to propose a charter change
that would allow voters to
change the current form of
government. Under the cur-
rent city manager form of
government, the chief fman-
cial officer and the police
chief report to the city man-
ager. Welsh's proposal
would permanently give the
commission more power
over both offices.
"We are the body that
hears what the people
want,"Welshsaid. "We want
to make sure that the city's
purchasing is being done
properly and is getting a
good price."
The commission as a
whole wasn't convinced.
Liebman said commission-
ers were not equipped to
manager, fIre him for cause,
or if not, fIre him for no
cause," Mirabile said at a
meeting.
Welsh said he disagreed
with Mirabile, and he is de-
termined to push for "pro-
gressive change." Stoddard
is open to the "experiment."
"If the COIIUD.lSS10n had
agreed to do it, then there
would be a proposal that
would be put on the Novem-
ber ballot," Stoddard ex-
plained. "I think there are
merits to the idea, so we are
supporting a charter review
conunittee."
"micromanage" either office rr;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;::;
and that he trusted Mirabile i
and Martinez de Castro and
that both had proved com-
petent. City attorney Thom-
as Pepe said the change
would violate the police
chief's contract.
While discussing the bud-
get process, Mirabile said that
the current form of govern-
ment was "crystal transpar-
ent" and that changing it
would create instability and
chaos.
"Don't change your char-
ter. If you don't trust the city
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the
City of South Miami, Florida will conduct Public Hearing(s)
at its regular City Commission meeting scheduled for
Tuesday, August 7. 2012. beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to consider the
following item(s):
Commissioners also rati-
fied a budget and finance
advisory committee Tues-
day. Mirabile was not at the
meeting, but in a letter to
commissioners, he recom-
mended that they disap-
prove of Commissioner
Walter Harris' appointee to
the committee, composed of
resident volunteers with ex-
pertise in fmance.
craticprocess, residents can 1.-----------------------1
An Ordinance amending the Future Land Use Map of the South Miami
Comprehensive Plan by changing the future land use map category
from Single Family Residential (Two Story) to Mixed Use Commercial
Residential (Four-Story) for an area identified as 6443 SW 60 AVE. Folio
Harris appointed Yvonne
Beckman. Mayor Philip
Stoddard appointed Gabriel
Edmond. Liebman appoint-
ed Scott Fuhrman. Commis-
sioner Valerie Newman ap-
pointed Bradley Cassel
Their terms end Sept. 30.
Mirabile accused Beck-
man of being biased against
him because of his Cuban
heritage. He cited emails
where she and others re-
get together and discuss ide-
as, even if they are planning,
to propose a change in gov-
ernment. That's allowed,
and it's not a conspiracy."
Newman was so upset
that she shouted at Stod-
dard, calling him a "liar." She
also said that she was turn-
ing in evidence of alleged
discrimination to the De-
partment of Justice and
posting the emails on a new
blog she planned on launch-
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session. 305-234-6383.
www.palmettobay-fl.gov.
Zumba in Cutler Bay: Come and
enjoy Zumba dancing and exercising
with others in Cutler Bay ..
7 p.m. July 31. Cutler Ridge Park
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www.zumbawithfabi.com.
cor2go: A New Way of Getting
Around Town: Stop by BARU Urbano
Brickell for brunch and learn about
car2go. Miami's newest carsharing
service. Test drive-the cars, receive
free registration and 30 minutes of
free driving time, have the chance to
win additional prizes, and enjoy free
brunch (while supplies last) ..
10 a.m. July 29, Baru Urbano, 1001
S. Miami Ave .. Brickell. Free.
miami,car2go.com.
• TURN TO CALENDAR, 26SE
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CFACADEMY.ORG
# 09·4025·010·0050; 6443 SW 59 PL; Folio # 09-4025·010-0320 in
conjunction with the Madison Square development project
(
'An Ordinance amending the Future Land Use Map of the South Miami
Comprehensive Plan by changing the future land use map category
from Public Institutional (Four Story) to Religious (Two Story) for
an area identified as '6781 Sunset Drive (Fellowship Church) Folio:
09-4026-000-0130.
An Ordinance amending the Future Land Use Map of the South Miami
Comprehensive Plan by changing the future land use map category
from Public InstiMional (Four Story) to Religious (Two Story) for an
area Identified as 6750 Sunset Drive (University Christian Church) Folio:
09-4035-000-0010.
An Ordinance relating to budget; authorizing an increase of expense
line item 201.1410.519.7210 Debt Service Fund Interest Expense in the
amount of $175,205 from Debt Service Fund Balance.
A Resolution authorizing the City Manager to award a five-year contract
to American Appraisal Associates, Inc. for the inventory of the City's'
fixed assets to be in compliance with GASB 34 fixed asset accounting
standards.
A Resolution authorizing the City Manager to award a 3-year contract to
the most responsive and responsible bidder for the City's Management
of Soccer Programs at South Miami Park RFP.
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.
Maria M. Menendez, CMC
City Clerk
Pursuant to Fbr!da Statutes 286.0105, the City herElby advises the public that if a person decides to
appeal any decision made by this Soard, Agency or Commission wtth respect to any matter considered
at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose,
affected pelSOn may need to ensure that a verbatim record 01 the proceedings is made which record
Includes the tesllmony and evidence upon whk:h the appeal Is to be based.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -AUGUST 7, 2012
in the XXXX Court,
was published in said newspaper in the issues of
07/27/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate . 'on or refund for the purpose
of securing' vertisement f publication in the said
p r.
27 day of JULY ,A.D. 2012
(SEAL)
MARIA MESA personally known to me