10South Miami
httJ~
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
'ilifi
To: The Honorable Mayor and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager (1
From: Christopher Brimo, AICP ()O \; /
Planning Director . V'j
Date: July 24,2012 ITEM No._· _A,,--. .;;....
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 6750 Sunset Drive (University Christian Church)
Folio: 09-4035-000-0010
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 Commi$sion
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 propeliies on the City's Future Land Use Map.
CURRENT LAND USE MAP CATEGORY
The land use category on the City's Future Land Use Map and that is currently in the
Comprehensive Plan reads as follows:
Public and Semi Public Institutional Uses (Four-Story)
The public and semi public institutional land use category is intended to provide for
public schools, municipal facilities, utilities, and churches, temples, synagogues and
similar uses. Areas designated public and semi pubHB institutional should not be used for
other purposes without an amendment to this plan. Zoning regulations could permit
public and institutional semi publis uses on sites not so designated by this plan. gffieeI.s
are--hereby meant to be institutions of general education offering kindergarten through
+.?,th· grade education or some substantial portion thereof. Building heights shall not
exceed the average of the maximum pennitted in the surrounding zoning districts, but in
no ease shall a building exceed four stories-: (97-1 ER)
2001
Page 2
SITE ANALYSIS
COMPREHENSIVE LAND DEVELOPMENT ACTUAL USE
PARCELS PLAN EXISTING LAND CODE EXISTING
USE CATEGORY ZONING DISTRICT
NORTH PUBLIC INSTITUTIONAL PI; LO CHURCH AND OFFICES
AND OFFICE
SOUTH SINGLE FAMILY RS-2 SINGLE F AMIL Y HOMES
RESIDENTIAL/OFFICE/
INSITUTIONAL
EAST PARKS AND PUBLIC PR; PI LUDLAM ELEMENTARY
INSTITUTIONAL
WEST SINGLE FAMILY RS-2 SINGLE FAMILY HOMES
RESIDENTIAL
Compatibility of Use: The property fronts on SWS 67 Avenue with a secondary
entrance on Sunset Drive, and is bounded by single family residential, institutional
(school) and on the north of Sunset, other religious uses and offices'. The property
consists ofthe main church building, two out buildings, green space and surface parking.
Compatibility of DensitylHeight: The property size is 3.44 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 locatcd 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 implemcnt 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. Please refer to Section 20-3.1(B)(28)
below. Staff is currently reviving options to address a "possible" new district, which
reflects the intent of the Religious land use category. .
Current Land Development Land Development Code
20-3.1(B)(28) -Public/Institutional
PI" PubliclInstitutional District: The purpose Qfthis 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 propcrty owner could file a lcgal
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 property 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 expectation jar the existing use o/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 ofa burden imposedfor the good of the public, which infairness 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 propelty.
U~iversity Christian Church -6750 Sunset Drive
• 1957 a variance is granted to the required grade to construct the church
• 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 to 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
t;-
51--,---1
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''''
I!J City BOlUldalY
[0] eRA BOlUldaty o Single-Family Residenlial (TWO-SIOlY)
Ii1 Duplex Resideutial (Two-SlotY)
II Townhouse Residential (Two-SlotY)
II MUltiple-Family Residential (Fom·-Sloq)
lid Residential I Limited COUl. Distlict (Two-StolY)
II Mixed-Use Connnercial Residential (FOW·-StOlY)
• T.O.D.D. (4+4"StOlY)
• COllllnercial Retail & Office (Two-St0tY)
III Residential Office (TWO-StOlY)
II Educational (Fom·-StOlY)
II Public and Institutional (Fow'St0tY)
II Parks and Open Space
Attachments:
Ordinance 35-11-2108
Planning Board Minutes
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1
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 6750
7 Sunset Drive (University Ch~istian Church) Folio: 09-4035-000-0010.
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
i 8 that religious uses would no longer belong as a sub-category to Public/Institutional Uses;
19 and
20 WHEREAS, on November 1, 2011 the new comprehensive plan category
21 "Religious (Two-Story) was adopted by the City Commission on final reading
22 [Ordinance 35-11-2108]; and
23
24 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on June
25 19, 2012 after public hearing, adopted a motion by a vote of 5 ayes and 1 nays
26 recommending that the City Commission amend the Future Land Use Map for the
27 property described in Section 1.
28
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
30 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
31
32 Section 1. The City Commission hereby a Future Land Use Map
33 Amendment changing the future land use map category from Public Institutional (Four
34 Story) to the category Religious (Two Story), for an area identified as 6750 Sunset Drive
35 (University Christian Church) Folio: 09-4035-000-0010.
36
37 Section 2. All ordinances or parts of ordinances in conflict with the provisions of
38 this ordinance are hereby repealed.
39
40 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any
41 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
42 shall not affect the validity of the remaining portions of this ordinance.
43
44 Section 4. This ordinance shall be· effective immediately after the adoption
45 hereof.
46
1
2 PASSED AND ADOPTED this day of 2012.
3
4
5 ATTEST: APPROVED:
6
7
8 CITY CLERK MAYOR
9 1 st Reading:
10 2nd Reading:
11
12
13 READ AND APPROVED AS TO FORM
14 LANGUAGE, LEGALITY AND
15 EXECUTION THEREOF:· Commission Vote
16 Mayor Stoddard:
17 Vice Mayor Liebman:
18 Commissioner Newman:
19 CITY ATTORNEY Commissioner Harris:
20 Commissioner Welsh
ORDINANCE NO. 35-11-2108
An Ordinance of the Mayor .and 'City Commission 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 catege-ry entitled "Religious (Two-Story)," which could be applied to,
deyelopment projects and properties providing religious, facillties and could also
permit {ltner ancillary uses implemented by the category, with building heights arrd
intensities compatible with surrounding. districts; proviiling for severability,
providing for ordinances in conllict;' and providing an effective date.
. WHEREAS, the Florida Legislature intends that local planning be a continuous
and, ongoing process; and
WHEREAS, Section 163.319.1, Florida Statues, directs local. governments to
adopt needed amendments to. ensure that the ,Comprehensive Plan provides appropriate
policy guidance for growth and development; 'and
WHEREAS, On April 12, 2011, the City Commission held an advertised
worksh{lp that initiated various text amendments to the South Miami Comprehensive
Plan; and
WHEREAS, the Local Planning Agency at its meeting on April 26t 2011 after
public hearingt adopted' a motion 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 I. The City Conunission hereby approves amending the Comprehensive
Plan Future Land Use Element by adopting a new future land Use map category entitled
, '~eligious (Two-Story)," which shall be included ill 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 proj-ects
and properties providing religious fa:cilities and could also permit other ancillary uS'es
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 pennit 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.
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
jurisdiction, this hoiding shall not affect the validity of the remaining portions of this
ordinance.
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 of this ordinance may be renumbered or re-lettered to accomplish such intention;
and the word "ordinance'f may be c;:hanged to "section" or other appropriate word.
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. Therefore. only that portion that needs to be repealed to
hannonize the two ordinances shall be repealed.
Section 5: Effective Date. This ordinanoe shall become effectrve at the
~en days after adoption. The effective date of this plan amendment. if the
. amendment is not timely challenged. shall be 31 days after the state land plann'ing agency notifies
the local government that the plan amendment package is complete. If timely challenged. tbis
amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in
compHance. No deVelopment orders, development pennits, Or land uses dependent on this
amendment may be issued or Commence before it has become effective. If a finaf order of
noncompliance is issued by the Administration Commission. this amendment may nevertheless
be made effective by adoption of a resolution affirming 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 thls1 st day of November ,. 2011
ATTEST: APPROVED:
MAY R
CommissIon Vote: 5-0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
Disclaimer:
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OFFICE OF THE PROPERTY APPRAISER
PROPERTY SEARCH SUMMARY REPORT
Honorable Pedro J. Garcia
Property Appraiser
2010
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virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: 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. Rauri, 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 Rood (Office Support).
City staff absent: None
City Attorney: Mr. Thomas Pepe ..
III. Administr.ative Matters
There are no administrative matters at this time.
IV. Public Hearings
PB-12-016
Applicant: City of South Miami
Location: 6750 Sunset Drive (University Christian Church) Folio: 09-4035-000-0010
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 6750 Sunset Drive (University Christian
Church) Folio: 09-4035-000-0010.
Mr. Vitalini read the item into the record.
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Mr. Brimo presented the item to the Board.
The Chairman Opened the Public Hearing.
NAME
David Morton
ADDRESS
.6465 Sunset Dr.
SUPPORT/OPPOSE
Support
Mr. Morton stated that he feels that the information should be archived so this is mainly a
research issue and this will resolve some of the questions regarding ownership. He then stated
that he would like to see this change to a two story but any potential increase in usage will have a
negative impact on the immediate area. He also stated a concern of an increase in traffic.
NAME
Angela Fiffe
ADDRESS
7381 SW 67 Ct.
SUPPORT/OPPOSE
Support
She stated that the changes should have been archived and this a research issue. She then stated
that she is echoing the previous statements that were made.
NAME ADDRESS SUPPORT/OPPOSE
Hector Fernandez 6627 SW 63 rd Terr.
He stated that the proposal is to change the Comp Plan but the underlying zoning has always
been limited to a two story designation. Dr. Whitman responded that it doesn't really specify it's
ambiguous. He then stated that the plan is for staff to create a zoning district that coincides with
the future land use category.
NAME
Tony Livingstone
ADDRESS
7340 SW
SUPPORT/OPPOSE
He stated that progress is always good in the right direction. He also stated that a building two
stories or higher on the lot line may change the view of the horizon this Inay impact the
neighboring residents.
NAME·
Hector
ADDRESS
7300 SW 67 Ct.
SUPPORT/OPPOSE
Support
He stated that he is in favor of this change any increase in the number of stories will impact the
neighbor hood. .
The Chairman Closed the Public Hearing.
Motion: Dr. Philips motioned for approval as presented. This motion was seconded by Dr.
Hauri.
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Vote: Approved: 5 Opposed: 1
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Dr. Haud: 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
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Dr. Haud abstained from 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. Haud.
Vote: Approved: 6 Opposed: 0
Mrs. Beckman: Yes
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
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Dr. Hauri: Yes
Mr. Pepe informed the Board that he did the research regarding items PB-12-01S and PB-12-
016 if the story designation is a taking. His findings were that it is nota 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.
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THE MIAMI HERALD I MiamiHerald.clm SE SUNDAY, JULY 29, 2012 I 25SE
SOUTH MIAMI
Commission meeting gets contentious
• BUDGET, FROM lSE
Mirabile said that despite
the struggles 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 department's cost
is greater than the general
fund revenues from property
taxes. he said.
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.
Harris appointed Yvonne
Beckman. Mayor Philip
Stoddard appointed Gabriel
Edmond. Liebman appoint-
ed Scott Fuhrman. Commis-
sioner Valerie Newman ap-
pointed Bradley CasseL
Their tenns 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-
ferred to him, Police Chief
Orlando Martinez de Castro
and Newman, who are all of
Cuban heritage, as the "Cu-
ban Mafia."
ing this week. want" Welsh said. "We want
to ~ 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, flre him for cause,
or if not, flIe 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 CODllUlSSlon had
agreed to do it, then there
would be a proposal that
would be put on the Novem-
ber ballot," Stoddard e.'\:-
p!ained. "1 think there are
merits to the idea, so we are
suppotting a charter review
committee."
"It is illegal in this country
to discriminate on the basis
ofrace, 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.
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 chieffman-
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.
"micromanage" either office jr::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::;:::::::;
and that he trusted Mirabile I i
"Conspiracy means that
people are agreeing to com-
mit a crime. No one has
committed a crime here,"
Stoddard said. "In a demo-
''We are the body that
hears what the people
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 fonn of govern-
ment was "crystal transpar-
ent" and that changing it
would create instability and
chaos.
"Don't change your char-
teL If you don't trust the city
cratic process, residents can ,---------------.,-------1
get together and discuss ide-i
as, even if they are pJanning
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-
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY gjven '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):
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
, 09-4025-010-0050; 6443 SW 59 PL; Folio # 09-4025-010-0320 in
conjunctiOn with the Madison Square development project.
An Ordinance amendlrtjj the Future Land Use Map 01 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.
I An Ordinance amending the Future Land Use Map of the South Miam).
Comprehensive Plan by changing the future land use map category
from Public institutional (Four Story) to ReligiOUS (Two Story) for an I area Identified as 6750 Sunset Drive (University Christian Church) Folio: l 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 Cebt Service Fund Balance.
NEIGHBORS CALENDAR ADDITIONAL VPK
CLASS NOW OPEN
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.
• CALENDAR, FROM 24SE
41st St .. Miami Beach. $17.
786-372-9430. www.yogathat.com.
Zumba GOLD: Zumba by Fabi. Enjoy
a 45 minute fun exercise class with
low impact workouts for ACTIVE
Seniors.
9:30 a.m. Aug. 4. Edward & Arlene
FeUer Community Room & Amphi-
theater at ludovici Park, 17641 Old
Cutler Rd,. Palmetto Bay. $4 per
session. 305-234-6383.
www.palmettobay-fi.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
and Pool. 10100 SW 200th St, CUtler
Bay. $5. 386-25ZUMBA.
www.zumbawithfabLcom.
carZgo: A New Way of Getting
Around Town: Stop by SARU Urbano
Brickell for brunch and learn about
cor290, Miami's newest carsharing
service. Test drive· the cars, receive
free registration and 30 minutes of
free driving time. have the chance to
win additional prizes. and enjoy free
brunch (while supplies last) ..
10 a.m. July 29. Barn Urbano, 1001
S. Miami Ave .. Brickell Free.
miami.car2go.com.
• TURN TO CALENDAR, 2655
HURRY seats are limited!
PRESCHOOL &
ELEMENTARY
K2-6TH GRADE
A new fully digital curriculum for upper
grades & smart boards in all classrooms.
CAll US TODAY AT 305-238-1833
8900 SW 168TH STREET, PALMETTO BAY, FL 33157
CFACADEHY.ORG
A Resoluti9n authOrizing the City Manager to award a 3-year contract to
the most responsive and responsible bidder for the City's Management
of Soccer Programs at South Miami Park RFP.
ALL interested parties are invited to attend and will be heard.
For further information, please contactthe City Clerk's Office at
305-663-6340.
Maria M. Menendez. CMC
City Clerk
PlIl'SUant 10 Fi:lrlda Statutes 296.0105. ~ City heraQy advises the public that it a person decides 10.
appeal ~ny decision made by Ihi<; Board. Agency or Commission with respect to allY matter eonsidered
at its meeting or hearilg, he: Of She will need a rucortl of 1ho prcceodil)it$. and that for such purpose.
affeettd ptlfSon may need to ensut'e that a Yefbatlm record of tile PIOctedln9s Is made which recon:I
I!d1desthetestlmonyande'lidcIlCeUJ)Onwhlththaappeallstol:lebased.
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
lieretofore 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
Notary PUblic State of Florida
Cheryl H Marmer
My Commission EE 189528
Expires 07/18/2016
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
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review fll<la 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
CUTY OF SOUTH MIAMI
PUBLIC HEARING 9/4/2012
in the XXXX Court,
was published in said newspaper in the issues of
08/24/2012
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 Le'gal 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, commission or refund for the purpose
of securing t ' adve . t for publication in the said
newspap .
Sworn to and subscribed before me this
2A of 9'GUST. AD 2012 ~hJ41
(SEAL)
O.V. FERBEYRE personally known to me
VERONICA REYNOSO
MY COMMISSION # EE 222071
EXPIRES: September 3,2016
Bonded Thru No\a!y Public UndelWrilers
"< " ~,<~';~~i (">' >:,~,:: \,~{~<, ,." ;\'
• ,<S;Maria M~.;M~,;;ende't;CMC'
'," i ,;::City,G,lel1{(" ,<. 'cr; ,"J-: ;.;
,,", ','/f, ,',' ,:. ';:,',;,';",.':' ':, ',." ,
PlirsuanitoFloridaStatutes 286:'0105, the CitY'h~rebYl:ldvi~esthe
public that;~aperson decicJes to appeala.ny de.sis,iR~,I1'l~d~ "bY this
Board, Agency' oJ Comr'niss,ioil with respect to any.11'l1tt~~.?,9ns!~~r~d at
itsnieeting or hell,rinQ, he or s~e Will need ar~'(:OJdgH~~WOCf,ledlOgs,
and tnat for sUC\1 purpose"affect~d person maYl}e~d,~o, ~Ilsure that a,
verbat1rrrrecord of the proc;eedingsl$l1'laqe~IC!l~f(:),99td:inclu~,es the
testimo'ny and evidence upon which the appeal is ilii.)a,ll,\se.d.t,:',
8/24 .',' ' . ',l2'~:f16S/1937684M
14SE I SUNDAY, AUGUST 26, 2012 SE MiamiHerald.com I THE MIAMI HERALD
NEIGHBORS CALENDAR
HOW TO POST IN OUR CALENDAR OF EVENTS:
If you wanl your evenl published on our websltes and to be 'aulomallcally considered for our free IIstlngs In the
Neighbors section, please go to MiamIHerald.com/events and click on "+ add to our listings" on Ihe upper-right.
Be sure to choose "Community" as the flrsl category. Then, from Ihe drop-down window, pick a second category
Ihat best fits your type of evenl
Do not choose Business & Technology because those events are published exclusively in the Herald's Business
Monday Agenda. In addition, choose Club only if you are posting a hobbyist, support group or other type social
club. Nightclub lineups, happy hours and the like run In our Weekend enlertalnment seellon and should be marked
Music and Lounge. If you are posting sequential classes, workshops and olher evenls thai are nol of a pay-per-
event, drop-In nalure, click on Ihe time and date of only your Inilial evenl and be sure 10 nole price or slale "free"
on Ihe money line. You can put your schedule or variety of classes In the descriplion if you Wish, but we will not
publish more Ihan one listing per monlh at Ihe same venue In the Interest of fairness to other, time-limited com-
munity happenings
Post your item at least two weeks In advance of your evenl so II can be considered for our Calendar section In
Neighbors. Do nol key In "Miami" unless your event Is laking place within Ihe city of Miami. If 11'5 In unlncorporal-
ed Miami-Dade, please slale II as Soulheasl Miami-Dade, Southwesl Miami-Dade, Northeast Miami-Dade or North-
wesl Miami-Dade.
An event name should be no more than Ihree or four words long. Limll the descrlptlon of your event to two or
three sentences. Do not repeat the
event name In the description or
repeat any data that has been
properly placed In the fields provid-
ed. It Is not necessary to stale
"open to the public" because we do
not publish private events and
please refrain from using all capital
letters or exclamation marks. Don't
forgel to state Free or the fee on
the money line and keep In mind
we favor events by nonprofits. If
you are a for-profit entity, please
call Jorge Alvarez at 305-376-5301.
Some important tips: You must
be a registered user of MlamlHer-
ald.com. Do not put time, date,
venue, admission or free, contact
Information, or website In the
description field. Please put those
Art, 2100 Collins Ave., Miami Beach.
Free. 305.673.7530 xl016.
www.bassmuseum.org/event/idea
thebass-family-day-miniature-mast
erpieces/.
Vlernes Culturales / Cull ural Fri-
days: Monthly arts & culture street
festival and gallery stroll in Little
Havana's cultural district Includes
walking tour with historian Paul
George, art and music ..
7 p.m. Aug. 31. Maximo Gomez
Park (Domino Park), 801 SW 15th
Ave .. coral Way. Free.
www.viernesculturales.org.
BALLROOM
$10 ..
7 p.m. Aug. 27. Bi/oux Dance
Center, 4150 SW 70th Ct .. Glenvar
Heights. $10. bijouxdancecenter.com.
BASEBALL
Miami Marlins vs. Washington
Nationals:
7:10 p.m. Aug. 28. Marlins Ball-
park. 1501 NW Third St .. Downtown
Miami. $15.56 to $82.35.
BUSINESS & TECH
Domlnaling Your Industry on the
Inlernet -Miami-Dade SCORE: There
will be two sections to this Miami-
Dade SCORE workshop:
-;;;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;::;;l elements In the fields provided.
I" i I Also, click on all of Ihe days your
Ballroom Dancing at SI. Matthews
Episcopal Church: Enjoy ballroom
dance lessons, mixers, live entertain-
menl and refreshments ..
7 p.m. Aug. 27. St. Matthews
Episcopal Church, 7410 Sunset Dr ..
South Miami. $2. 305-667-7715 Victor.
Beginners ballroom class 7-8 PM:
Email Marketing -You will learn
how to deliver professional email
communications via Constant Con-
tact) and how to use Social Media to
spread your message ..
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, September 4. 2012. beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
An Ordinance authorizing the City Manager to enter into a sub-lease agreement with Miami-
Dade County and LLiraff 0., Inc. D/B/A D'Farrili Learning Center for the use of a City of South
Miami Building located at 6121 SW 68~ Street.
An Ordinance amending the 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.
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 Institutional (Four Story)
to Religious (Two Story) for an area identified as 6750 Sunset Drive (University Christian
Church) Folio: 09-4035-000-0010.
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 Hospital) -Folio 1109-4025-027-0010.
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 trom "TODD MU-5" mixed use
5 zoning district to "H" hospital zoning district for property located 7031 SW 62 Avenue
(Larkin Community Hospital) -Folio 1I09-4025-027~001O.
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 Aorida 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 considered 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.
event occurs and put In a slart lime
for each day. If you have questions,
you can email Sue Mullin al smullin
@MlamIHerald.com. Please pul
"Calendar quesllon" In Ihe sub/eel
line. Or call Sue at 305-376-3355.
ARTS & CRAFTS
IDEA@lhebass Family Day: Join in
the Summer fun at the Bass Museum
of Art's Family Day! These creative
afternoons are full of exciting activ-
ities for the whole family: art proj-
eels, scavenger hunts. preschool art
station and free prizes!.
2 p.m. Aug. 26. Bass Museum of
Learn how a new ballroom dance
every two weeks with the beginners
class and remember wear shoes with
leather soles ..
7 p.m. Aug. 28. Bijoux Dance
Center, 4150 SW 70th Ct., Glenvar
Heights. $5. 305-667-5359.
bijouxdancecenter.com.
Move to the Music: Move to the
rhythm of salsa, cumbia, bachata,
merengue,
cha cha and more. Wear sneakers
and bring a towel. Mondays 7-8 PM
4 p.m. Aug. 29. Stephen P. Clark
Government Center, 111 NW First St ..
Downtown Miami. $30. 786-425-9119.
miamidade.score.org/localwork
shops.
CARS
nurotag showcase series: 200+
Custom Cars, Music, Live Art. Models.
Photos, Social Media. Car enthusi-
asts. urban art hipsters, and social
media moguls. this is your event to
see and be "scene" at the first of its
kind "Car + Music + Culture" event..
• TURN TO CALENDAR, 17SE
r( PUBLIC HEARING NOTICE
On Wednesday, October 3, 2012. at 7:00 p.m., the Planning Board will conduct the following Public
Hearing to be held at the Pinecrest Municipal Center, Council Chamber. 12645 Pinecrest Parkway.
Pinecrest, Florida:
Hearing #PZ20 I 2·1003 .. 2. Alexander and Melissa Moya, the applicant. is requesting a modification to a
condition of approval of a variance granted by the Planning Board on June 18, 2003 for the Stritter
Estates Subdivision that provides "two rows of mango trees shall be preserved and maintained along the
rear property line of each parcel as a buffer with the developer having the option to replace the trees, if
necessary. with other type of canopy tree" to allow for the construction of a 12.0' wide turf-block
driveway between the double row of mango trees and to relocate two mango trees to either side of
their existing location for access to a proposed garage as well as the planting of 81 six·foot tall fishtail
palm trees along the rear property line for the property located at 9170 Southwest 63 Court.
All interested parti8$ are urged to attend. Objections or expressions of approval may be made in person at the hearing
or filed in writing prior to or at the hearing. Interested parties requesting information are asked to contact the Building
and Planning Department by calling (305) 234.2121, via e-mail at planning@pinecrest·fJ.gov or writing to the
department at 12645 Pinecrest Parkway. Pinecresc. Florida 33156. Refer to the Hearing Number when making an
inquiry.
In accordance with the Americans with Disabilities Aet of 1990, all persons who are disabled and who need special
accommodations to participate In this meeting because of that disability should contact the Village Clerk at (30S) 234-
2121 not later than four business days prior to such proceeding.
Should any person decide to appeal any decision of the Planning Board with respect to any matter considered at such
meeting or hearing, that person will need a record of the proceedings and. for such purpose. 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 (F.S. 286.0105).
Guido H. Inguanzo, Jr., CMC
Village Clerk