101 ORDINANCE No. ____ _
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3 An Ordinance amending the Land Development Code, Section 20-6.1 (C)(I)(a) and
4 (b) and (3)(b) concerning membership and powers and duties of the Environmental
5 Review and Preservation Board.
6
7 WHEREAS, the Land Development Code provides in Section 20-6.1 (C)(1)(a) that the
8 Environmental Review and Preservation Board ("ERPB") shall have a certain number of architects as
9 members; and
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11 WHEREAS, the City of South Miami (the City) has found it difficult to find architects willing to
12 serve as members of the ERPB ; and
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14 WHEREAS, there have been instances in which the ERPB has approved plans concerning
15 changes to construction of commercial and charitable buildings and structures that were contrary to the
16 original intent of the City's approval of the construction projects; and
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18 WHEREAS, the Land Development Code provides in Section 20-1.4 (C) that the "Code may be
19 amended from time to time in accordance with the provisions of this Code as required or allowed by
20 subsequent legislative enactments; and
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22 WHEREAS, Secion20-6.1(A)(2)(e)(i) of the Land Development Code provides that the City
23 Commission may "amend the provisions of the adopted Comprehensive Plan and this Code."
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25 WHEREAS, On May 1,2012 the City Commission deferred the proposed ordinance to allow the
26 ERPB an opportunity to review and comment on the proposal; and
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28 WHEREAS, the ERPB reviewed the proposed ordinances at several regular meetings between
29 May 15,2012 and July 3, 2012 and recommends the following amendments.
30 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
31 OF THE CITY OF SOUTH MIAMI, FLORIDA:
32 Section 1: Section 20-6.1 (C)(1)(a) and (b) and Section 20-6. 1 (C)(3)(b) of the City of South
33 Miami's Land Development Code is hereby amended as follows:
34 20-6.1 -Administrative entities.
35 (C) Environmental Review and Preservation Board.
36 (1) Establishment and Membership.
37 (a) An environmental review and preservation board ("ERPB") is hereby created which shall
38 consist of nine (9) members~~ Except for the landscape architect all board members other
39 than the landscape architect member must either live or work in the City. at least five (5)
40 of whom shall whe reside or work in the Qcity,~ except as provided in ii. below, A
41 vacancy on the board shall not affect the ability of the Board to conduct its business nor
42 shall such vacancy affect any action taken by the Board, provided the Board has a
43 quorum at the time of such action.
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1. The mayor, with the advice and consent of the city commission, members of the ERPB
shall be appointed appoint the members o[the board in accordance with the City Charter.
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11. Board membership shall include a minimum of two (2) licensed architects and one (l)
licensed landscaped architect. The remainder of the board can be comprised of a mixture
of backgrounds. at least one (1) three (3), but no more than four (4), architects of which
one (1) should be a registered landscape architect and one (1) may be a landscape
professionals or horticuIturalists, licensed to practice in the State of Florida. +he
architects need not be licensed to practice in the State of Florida and, for the purpose of
this ordinance, the ,>yord architect shall mean any person viho has a degree in architecture
from a college or university. If it is determined by the City Commission that the position
of landscape architect cannot be filled by a qualified individual who resides or 'Norks in
the City, the residency requirement may be ,>yaived by the Commission and the position
of landscape architect may be filled by a qualified individual'Nho does not reside or work
in the City.
111 Board membership shall include two (2), but no more than four (4), architects licensed to
practice in the State of Florida.
i¥.iii. Members of the environmental review and preservation board may not work for the
City~ or be employed by any company that has a contracts with the City.
¥:-iv Members shall serve for a term of two (2) years but may remain on the board until a
successor is appointed, but in no event shall his or her membership exceed any applicable
term limit.
(b) Any member of the board shall be considered for automatically removed removal for
missing without approval of the Board's Chairperson, three (3) five (5) regular meetings in a
row or five (5) seven (7) meetings in a twelve (12) month period~ without a valid reason. A
member shall not be penalized for missing meetings ifhe or she takes time off during the same
period when the commission adjourns its regular meetings for vacation during the year.
i. The Planning and Zoning Director shall keep a record of meetings missed~ and will
handle removals administratively. the Director shall make a recommendation for the
removal of a member to the City Commission and a request for the appointment of a
substituted member.
ii. The Planning and Zoning Director shall advise the City Commission arul the
member beffig of the recommendation for the member's removal. ed that such member
has been automatically removed.
* * * *
(3) Powers and Duties.
(b) The board shall review and recommend approv~aI, or disapprov~aI, with or without
modification~ efl all site plans, projects and specifications as required under the board's
mandatory review pursuant to this Code. , subject to a review by the City Commission as set
forth herein. The decision of the ERPB shall not become final until the close of business on
the fourth (4tHj second (2nd) working day (excluding Saturdays, Sundays and legal Miami-
Dade County holidays following the ERPB meeting. At any time before the ERPB's decision
becomes final, the decision may be delayed and the matter may be addressed at a City
Commission meeting at the request of a member of the City Commission pursuant to the
appellate process for appeals from a decision of the ERPB. However, all site plans, projects
and specification that require ERPB approval and that involve any commercial or charitable
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endeavor shall require approval by the City Commission for any modification if the total area
of the previously approved construction site, project and/or specification, ,,,,hen added to the
modification requested, exceeds 15,000 square feet.
Section 2: 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; that the sections of this ordinance may be
renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
Section 3. 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, this holding shall not affect
the validity of the remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all 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 harmonized or when only a portion of the ordinance in conflict
needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
amending its terms, it is hereby amended to harmonize the two 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 effective upon enactment.
PASSED AND ADOPTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
1 st Reading: 7/31112
2nd Reading:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
36SE I SUNDAY, AUGUST 12, 2012 SE
• CALENDAR, FROM 35SE
SUMMER WITH UNITY CENTER OF
MIAMI'S EVERYTHING AVOCADO
FESTIVAL PURCHASE HOME
GROWN HOME PICKED AVOCADOS.
ENJOY MUSIC, FOODS & DRINKS.
FACIALS, HAIR & MASSAGE with
Avocado Based Products ..
9 a.m. Aug. 18. Unity Center of
Miami. 16320 SW 147 Ave. Richmond
West.
Civic Center Metrorall Station
Market: This Thursday & Friday
market at the metrorail station (close
to Jackson Hospital) benefits United
Way of Miami-Dade with a $25
donation from each vendor and
features Greek, Latin and American
Food, fruit drinks, Artisan baked
goods and kettie corn ..
9 a.m. Aug. 16. Civic Center
Metrorail Station, 1501 NW 12th Ave.,
Allapattah. free. 305-531-0038.
themarketcompany.org.
Upper Eastside/Lemon City Farm-
ers' Market: This Farmer's Market
will feature live music, food demon-
strations. nutrition education work-
shops, and local vendors selling a
variety of items.including candles,
shea butter. oils. prepared foods, and
plants ..
9 a.m. Aug. 18. Legion Park Green
Market. 6600 Biscayne Blvd., Upper
East Side. 786-427-4698.
www.urbanoasisproject.org.
FOOD & DINING
Baking Courses: Cakes: A three-
week, hands-on caking making
course to cover baking. fondant and
decorating.
$150.
9 a.m. Aug. 18. Miami Culinary
Institute. 415 NE Second Ave., Down-
town Miami. $150.
www.miamidadeculinary.com.
HIGHBAR's NEW Sunset Happy
Hour: NEW: Sunset Happy Hour at
HIGH BAR
Enjoy happy hour at HIGHBAR
seven days a week from
7-9p.m. The happy hour will
feature a cocktail from its "7 Deadly
Sins" menu. each cocktail will be $7 ..
7 p.m. Aug. 12. HighBar@ The
Dream Hotel. 1111 Collins Ave .. Miami
Beach. $7 per drink.
www.highbarmiami.com.
Happy Hour: Enjoy Happy Hour and
Sunset's HighBar all week ..
7 p.m. Aug. 12. HighBar @ The
Dream Hotel, 1m Collins Ave .. Miami
Beach. $7 per drink.
www.highbarmiami.com.
Ice Cream 101: Come join our chef
and learn how to stay cool during
these hot summer months. This
two-hour course will explore the art
of ice cream making and after that
you'll be able to create the tasty
treat yourself ..
6 p.m. Aug. 13. Miami Culinary
Institute. 415 NE Second Ave .. Down-
town Miami. $50.
www.miamidadeculinary.com.
HEALTH
Aikido Ciass: Aikido self defense
class for teenagers and adults_
8 p.m. Aug. 13. Tumblebees
Gymnastics at the Turnpike. 6950
SW 117th Ave ... $85 per month .
305-632-3075.
www.aikikaiinternational-inc.com.
Free Back to School Vaccination:
Commissioner Rebeca Sosa is
offering free vaccinations for chil-
dren ages 2 months old to 18 years
old. Parents and legal guardians
must bring their child's immunization
records and arrive to the event no
later than 1 p ..
10 a.m. Aug. 16. Miami Springs
Recreation Center, 1401 Westward
Dr., Miami Springs. Free.
305-267-6377.
www.miamidade.gov/district6.
Mama Baby Breastfeeding Support
Group: La Leche League of Miami
Dade offers a breastfeeding support
group.
Mama + Baby Meeting
2nd Tuesday of each month at
lOam
Kendall Presbyterian Church
Outer meeting room
8485 SW 112 St
Miami 33156
Segundo martes del mes a las
lOam.
10 a.m. Aug. 14. Kendall Presbyte-
rian Church, 8485 SW 112th St.,.
FREE. www.lllmiamidade.org.
Project THRIVE: The University of
Miami Department of Psychology is
seeking male volunteers to partici-
pate in a research study related to
sexual abuse and adult sexual health.
If you are a man who is has sex with
men (MSM) and are HIV negative,
please contact our study, THRIVE. for
more information ..
9 a.m. Aug. 13. University of Miami,
5501 San Amaro Drive Coral Gables
33146, University of Miami.Riviera.
Free. 305-284-5299.
www.psy.miami.edu/community
_service/thrive.phtm!.
Relki Healing Circle: This ancient
Japanese art of energy healing is
designed to balance your universal
life energy (your Qi or Chi) and
release stress ..
6:30 p.m. Aug. 15. Sage Lifestyles.
211 NE 98th St., Miami Shores. $10.
305-456-5337 address 211 ne 98 st.
miami shores 33138.
www.sagelifestyles.com.
Reikl Spiritual Energy Healing
Circle: This is a great Reikl circle for
practitioners as well as newcomers.
Following a brief introduction and a
guided meditation those in atten-
dance will get to receive short
healing sessions from Reiki
practitioners ..
7 p.m. Aug. 17. Five Sisters .. A
Spiritual Journey, 8805 SW 132nd
St ... O. 305-259-0013.
www.phinsights.com/reikil.htm!.
Walk With Ease: Adults over 55 are
invited to participate in the FREE
Walk with Ease program at many
Miami-Dade County Parks and
municipal parks. Participants walk
three days a week for 30 minutes a
day for six weeks ..
12 p.m. Aug. 15. One Biscayne
Tower, 2 S. Biscayne Blvd. Suite
3400. Downtown Miami. Free.
305-455-0338.
www.healthyagingsf.org.
Yoga with Stacey: Hatha Yoga for
body, mind and spirit. Multi-level and
beginners welcome. The class begins
MiamiHerald.com I THE MIAMI HERALD'
NEIGHBORS CALENDAR
with seated warm-ups, standing
stretches, vinyasa, visualization,
guided relaxation and meditation.
10 a.m. Aug. 15. Unitarian Univer-
salist Congregation of Miami, 7701
SW 76th Ave., Glenvar Heights. $12.
305-274-8029. www.facebook.com/
pages/Miami-Fl/Yoga-with-Stacey/
136769145885?ref=ts.
HEALTH & BEAUTY
Girls Night Out: Massage Envvy
Mixer: Come out and enjoy a night
of pampering ... on usl
Massage Envy Spa South Beach
would like to cordially invite you to
our first ever Mixer. This is to (re)
introduce you to our spa and to
allow you to indulge in a night of
FREE mini facials and massages ..
8:30 p.m. Aug. 18. Massage Envy
Spa South Beach, 767 17th St., Miami
Beach. FREE. 305-370-3689.
www.memixer.eventbrite.com.
Meet Repechage's Esthetlcian of the
Year Caleb McGrew: Join Spa e to
Celebrate Caleb McGrew Winning the
2012 Repechage President's Award
for Esthetician of the Year!
Complimentary Skin ConsUltations
and Free Gift to Attendees with
Caleb McGrew will be available as
well as 25% off when you book a
treatment with Caleb at the event ..
10 a.m. Aug. 12. Spa e, 630 Lincoln
Road Mall. Miami Beach.
www.spaemiami.com.
Miami Plastic Surgery InJectables
Week: Beginning on Monday, August
13, through Friday, August 17, Miami
Plastic Surgery will be throwing an
Injectables Party. All attendees will
receive $50 off treatment while
those that bring in new patients will
receive $100 off as will their guests ..
9 a.m. Aug. 13. Miami Plastic
Surgery, 8940 N. Kendall Dr ...
305-595-2969.
www.miamiplasticsurgery.com.
LIBRARIES
Cultural Cup Tour with Centro
Cultural Brasil celebrates Porto
Alegre!: Discover Porto Alegre a
melting pot of diverse cultures, born
from a mix of European and Asian
immigrants, native Brazilians and
others. Enjoy a typical gaucho dance
and some visual media ..
11 a.m. Aug. 18. Key Biscayne
Branch Library. 299 Crandon Blvd ..
Key Biscayne. Free. 305-361-6134.
www.mdpls.org.
MUSEUMS
Into the Deep -Real Submarine
Viewing: Visitors and the Museum's
2012 Summer Camp participants
from sessions 7 and 8 will have the
opportunity to view a reai submarine
on exhibit at the Museum through
August 12. Provided through a
partnership with the OceanGate
Foundation by special arrangement
withU ..
10 a.m. Aug. 12. Miami Science
Museum, 3280 S. Miami Ave., Crafts.
Free for Museum visitors with
Museum Admission. 305-646-4200.
www.miamisci.org.
MUSIC
National Pool Party #3 -Bacardi &
Grey Goose: National Hotel with
Bacardi & Grey Goose invite you to
the National Pool Party #3.
3 p.m. Aug. 12. National Hotel
Miami Bech, 1677 Collins Ave .. Miami
Beach. No Cover. 305-532-2311.
www.facebook.com/events/
211835605609957/.
iguanas live among the mangrove
fringes ..
Featuring our resident OJ Bryan
Peroni & Special Guest...
1:30 p.m. Aug. 18. Crandon Park
Visitors and Biscayne Nature Center,
6767 Crandon Blvd., Key Biscayne.
$44.
Cocktails Specials: $8
Summer Punch: Made with Grey
Goose Cherry Nair NATURE Crandon Park's Kayak and Snorkel
Adventure: Kayak along the beauti-
ful shallow waters of Key Biscayne
and explore the protected areas of
Bear Cut Preserve where land meets
the sea. Join LIS as we discover the
Bacardi Punch: Made with Bacardi
Rum
Crandon Park's Bayside Canoe
Adventure: This naturalist-led canoe
trip explores the forgotten and
secret part of Key Biscayne. Explore
this peaceful water wilderness where
great blue herons, spotted eagle
rays, upside down jellyfish and green
Bottie service in our poolside
cabanas
No Covers
Good Times
Sunday will never be the same. • TURN TO CALENDAR, 37SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission ofthe City of South Miami, Florida
will conduct Public Hearing{s) at its regular City Commission meeting scheduled for
Tuesday. August 21.2012. beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item{s):
An Ordinance amending Section 20-3.6(J)(1)(c) of the City's Land Development
Code, swimming pool rear-yard setback requirements.
(
' An Ordinance amending the Land Development Code, Section 20-6.1 (C)(I)(a) ')
and (b) and (3)(b) concerning membership and powers and duties of the
Environmental Review and Preservation Board.
An Ordinance amending South Miami Land Development Code, article VI,
section 20-6.2 (A) and (B) concerning the procedures and stay of proceedings
for the review of or appeals from the decisions of the Environmental Review and
Preservation Board.
A Resolution to consider the adoption of a development agreement proposed
by Metro South Senior Apartments Umited Partnership, pursuant to sec.70.51
and 163.3225, Fla. Stat., for the construction of commercial space and 91
affordable senior apartments at 6101 Sunset Drive, South Miami, Florida, which
will require concessions, including parking and height variances and which will
either be rejected, accepted or accepted with amendments.
An Ordinance of the City of South Miami, Florida, abandoning a portion of the
alley that was commonly known as SW 63'" Terrace Alley (the alley, except for the
portion in question, was abandoned in 1992), and for the reversion of title of said
property to the abutting property owner.
An Ordinance amending the Future Land Use Map of the South Miami
Comprehensive Plan by changing the future land use map category from
TODD (4+4 Story) to Hospital, for an area identified as 7031 SW 62 Avenue
(Larkin Community HospitaQ -Folio #09-4025-027-0010.
An Ordinance relating to a request to amend the official zoning map of the
City of South Miami land development code by changing the zoning use
district from "TODD" MU-5" mixed use 5 zoning district to "H" hospital
zoning district for property located 7031 SW 62 Avenue (Larkin Community
HospltaQ -Folio #09-4025-027-001 O.
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 Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal
any decision made by this Board, Agency or Commission with respect to any matter consid~red at its meeting
or hearing. he or she will need a record of the proceedings, and that for such purpose. affected person may
need to 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.
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 21,2012
in the XXXX Court,
was published in said newspaper in the issues of
08/10/2012
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, re ,commls' n or refund for the purpose
of securin s advertisement fo publication in the said
ape
10 day of AUGUST ,A.D. 2012
(SEAL)
MARIA MESA personally known to me
< "'''''t,Y P(,~{, Notary Public State of Florida
I" ~. ~ t;, Cheryl H Marmer
)-... '~ ,~ My Commission EE 189526
:). ""'OFfl.d" Expires 07/18/2016
verbatim
testimony and €lviderice upon which
8/10