81 ORDINANCE No. ____ _
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3 An Ordinance amending South Miami Land Development Code, article VI,
4 section 20-6.2 (A) and (B) concerning the procedures and stay of proceedings
5 for the review of or appeals from the decisions of the Environmental Review
6 and Preservation Board.
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8 Whereas, fue Land Development Code (''LOC'') offue City of South Miami ("City") provides for appeals
9 from fue decisions offue Environmental Review and Preservation Board (''ERPB''); and
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11 Whereas, the LDC does not provide adequate procedure for the review of or appeal from a
12 decision of the ERPB.
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14 WHEREAS, On May I, 2012 the City Commission deferred the proposed ordinance to allow the
15 ERPB an opportunity to review and comment on the proposal; and
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17 WHEREAS, the ERPB reviewed the proposed ordinances at several regular meetings between
18 May 15, 2012 and July 3, 2012 and determined that the process being proposed for additional City
19 Commission review is unnecessary and burdensome on the applicant, and therefore recommends that
20 process remains the same with the following amendments to the appeals procedure.
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23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA:
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27 Section 1: The South Miami Land Development Code, article VI, section 20-6.2 (A) and (B) shall be amended as
28 follows:
29 20-6.2 -Appeals and Review.
30 (A) ERPB Decisions; Time; Standing to Appeal. All decisions and recommendations of the
31 environmental review and preservation board (ERPB) shall be posted on the City Hall bulletin
32 board immediately following the ERPB meeting. An applicant may apply for a building permit
33 after ~ noon of the day follmving four (4) two (2) working days (excluding Saturdays,
34 Sundays and legal Miami-Dade County holidays) following the day of the ERPB meeting at
35 which the application was given final approval, unless an appeal or request for review is timely
36 filed. If the decision of the ERPB is timely appealed or a timely request for review is made, the
37 applicant may not apply for the permit until the day following the decision of the City
38 Commission approving the application and provided if all other requirements for the permit have
39 been met.
40 ill An appeal of an ERPB final decision or recommendation may be taken to the City
41 Commission if filed within thirty (30) days of the ERPB final decision or recommendation,
42 or, if a stay is not entered, the appeal must be made before a building permit is issued,
43 whichever comes first,-,-The appeal shall be filed by filing same with the ~city Cclerk upon a
44 form prescribed therefor. Appeals may be filed by the applicant, a property owner, business
45 owner, or resident of the City, the ~city administration, or any interested citizens living in an
46 abutting municipality or unincorporated area, and within 500 feet of the property under
47 review.
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(2) A member of the City Commission may request a revie"'l of the decision of the ERPB if
the request is made in writing and delivered to the Planning and Zoning Director within three
(3) working days (excluding Saturdays, Sundays and legal Miami Dade County holidays)
following the day of the pertinent meeting but not later than five o'clock (5:00) p.m. on the
third day. The Planning and Zoning Director shall notify the City Clerk of the request.
(3) If a commission member makes a timely request fur revie"'l of a decision of the ERPB,
the issue of '""hether the City Commission ",lill review the decision of the ERPB shall be
decided by separate resolution and by a majority 'Iote of the City Commission at the next
commission meeting immediately following the applicable meeting of the ERPB. The time
limitation provided fur elsewhere in the City Code of Ordinances, for placing items on the
City Commission meeting agenda, shall not apply to a commission member's request for
review of an ERPB decision or recommendation. A review pursuant to a resolution of the
City Commission shall be treated as an appeal for the purpose of the procedure to be followed
for appellate review.
f4-) (2) An appellate review by the City Commission may reverse the decision of the ERPB in
whole or in part, modify the decision, or remand the matter back to the ERPB with
instructions.
ill (3) Record on Appeal: The evidence on appeal shall be limited to the record which shall
consist of the transcript of the proceedings and any documents that were presented at the
pertinent meeting ("record on appeal"). The City Clerk or the Planning and Zoning
Department shall prepare the record on appeal after the appellant delivers the pertinent
transcript. Unless waived in writing by all of the parties to the appeal, the preparation of the
transcript is a prerequisite to the appeal. The transcript shall be delivered to the City Clerk at
least thirty (30) days prior to the hearing on the appeal. The failure of the appellant to timely
deliver the transcript shall be grounds for the dismissal of the appeal or, if good cause is
shown for the delay and an extension of time is granted by the City Clerk for the preparation
of the transcript, the hearing date for the appeal or review, as well as all other schedule of
events, such as service of briefs, shall be extended accordingly notwithstanding any other
provision of this ordinance to the contrary.
W (4) Briefs: The appellant shall prepare a written statement of the issues and an argument
("brief') which shall be filed with the City Clerk, and delivered ("served") by hand, facsimile
transmission, e-mail or other acceptable electronic transmission, at least twenty (20) days
before the hearing on the appeal or Commission review. The opposing party ("appellee"),
which may include the City, may also prepare a brief, if desired, which shall be filed with the
City Clerk and served on the appellant at least six (6) days before the scheduled appellate
hearing. The appeal shall be limited to the issues raised in the briefs.
ffi (5) Appellate Costs: The person who files an appeal, shall pay the applicable appellate
filing fee as set forth in the City's Fee Schedule. The appellant (which term shall include the
person who files an appeal and the City if the review is instituted by resolution), shall pay the
cost of transcribing the testimony and statements made at the pertinent ERPB meeting. The
person, including the City, if deemed to be the prevailing party on the most significant
appellate issues, shall be reimbursed the appellate costs, including the cost of the transcript,
by the non-prevailing party or parties. Ifthere is more than one non-prevailing party, the
costs shall be shared equally between or among them.
(B) Stay of Proceedings. An appeal or a request for review by a Commission member stays
all proceedings in furtherance of the action appealed from, unless the City Commission finds that
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there is competent substantial evidence to support the finding of facts and conclusions in the
certificate of the officer, department director, City employee or board (hereinafter collectively
referred to as "Officer") from whom the appeal is taken certifies to the city commission, aftef
notice of appeal has been filed with him, that because of the facts stated in the certificate a stay
would, in the Officer's opinion, cause imminent peril to life or property or that because the
violation charged is transitory in nature a stay would seriously interfere with enforcement of the
Code.
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-Iettered to accomplish such intention; an~ 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 sections 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 ENACTED this __ , day of ___ ., 2012.
ATTEST:
CITY CLERK.
1st Reading: 7/31/12
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:
From:
Sent:
To:
Cc:
Subject:
Attachments:
Pepe, Thomas F.
Tuesday, August 14, 2012 1:45 PM
Brimo, Christopher; Menendez, Maria M.
Baker, Carmen V.
RE: Revision to the ERPB Ordinances
Section 20-6.2_Appeals_commission amendments 2nd Reading Amendments of CA
8-14-12.docx
I believe that you have accurately drafted the ordinances with the commission's amendments as
intended by them. However, I believe that there should be a few additional amendments that can
be made at the 2nd reading. Please include a print out of the attached ordinance, 20-6.2 containing
my comments and attach it to the backup documentation for the August 21,2012 meeting.
Thank you.
Very truly yours,
Thomas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: !J2§J!.e@SouthmiamiflgQ1l
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the addressee named above. If you are
not the intended receiver, you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this e-mail in error, please
immediately notify us by telephone, call collect if outside of your area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank
you. Please also note: All e-mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be disclosed
to the public and media at any time pursuant to Florida Statutes, c~. 119.
From: Brimo, Christopher
Sent: Monday, August 13, 2012 12:54 PM
To: Pepe, Thomas F.; Menendez, Maria M.
Cc: Baker, Carmen V.
Subject: Revision to the ERPB Ordinances
. :,. .. :::' :'
Attached are the revised ordinances for Section 20-6.1; and 20-6.2 dealing with the ERPB Powers and Duties and
Appeals. I made the corrections to both ordinances based on my notes from the meeting on July 31st. Both of these
ordinances are scheduled for final reading on August 21, 2012. Thank you.
Chris
1
(ORDINANCE CONTAINING ADDITIONAL AMENDMENTS AS PER THE CITY ATTORNEY)
I ORDINANCE No. _____ _
2
3 An Ordinance amending South Miami Land Development Code, article VI,
4 section 20-6.2 (A) and (B) concerning the procedures and stay of proceedings
5 for the review of or appeals from the decisions of the Environmental Review
6 and Preservation Board.
7
8 Whereas, the Land Development Code ("LDC') of the City of South Miami ("City") provides for appeals
9 from the decisions of the Environmental Review and Preservation Board ("ERPB"); and
10
I I Whereas, the LDC does not provide adequate procedure for the review of or appeal from a
12 decision of the ERPB.
13
14 WHEREAS, On May 1,2012 the City Commission deferred the proposed ordinance to allow the
15 ERPB an opportunity to review and comment on the proposal; and
16
17 WHEREAS, the ERPB reviewed the proposed ordinances at several regular meetings between
18 May 15, 2012 and July 3, 2012 and determined that the process being proposed for additional City
19 Commission review is unnecessary and burdensome on the applicant, and therefore recommends that
20 process remains the same with the following amendments to the appeals procedure.
21
22
23 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
24 CITY OF SOUTH MIAMI, FLORIDA:
25
26
27 Section 1: The South Miami Land Development Code, article VI, section 20-6.2 (A) and (B) shall be amended as
28 follows:
29 ~0-6.2 -Appeals and Review.
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(A) ERPB Decisions; Time; Standing to Appeal. All decisions and recommendations of the
environmental review and preservation board (ERPB) shall be posted on the City Hall bulletin
board immediately following the ERPB meeting. An applicant may apply for a building permit'
after PNelve ROOR of the day foliowiRg fuw:::f41 two (2) working days (excluding Saturdays,
Sundays and legal Miami-Dade County holidays) following the day of the ERPB meeting at
which the application was given final approval, uRless aR appeal or request fur review is timely
filed. If the deeisioR of the ERPS is timely appealed or a timely request fur review is made, the
applieaRt may Rot apply fur the permit uRtii the day foliowiRg the deeisioR ofthe City
CommissioR apprO\'iRg the apelieatioR aed pro\'ided if all other requirements for the permit have
been met. i
ill An appeal of an ERPB final decision or recommendation may be taken to the City
Commission if filed within thirty (30) days of the ERPB final decision or reeommeRdatioR,
or, if a stay is Rot eRtered, the appeal must be made before a building permit is issued,
whichever comes first,;:: The appeal shall be filed by filiRg same with the ~eity Celerk upon a
form prescribed therefor i.! Appeals may be filed by the applicant, a property owner, business
owner, or resident of the City, the ~eity administration, or any interested citizens living in an
abutting municipality or unincorporated area, and within 500 feet of the property under
review.
Comment [T1]: All new language must be
underlined and all original language that is being
deleted must be typed with a line struck through it.
Comment [T2]: New text: "An~ interested ~art~
who desires to ongose an aQQeal shall file a "Notice
of OQQosition" with the Cit):: Clerk following the
filing of the aQQeal and shall serve the aUQellant with
a COQ):: of the notice. The word «serve" as used in
this ordinance shall mean the delivery of the
document by hand facsimile transmission e-mail or
other accel2table means of electronic or similar
transmission"
1 Comment [T3]: Add "by the City Clerk".
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(ORDINANCE CONTAINING ADDITIONAL AMENDMENTS AS PER THE CITY ATTORNEY)
(2) A member of the City Commissioa may rcqHest a review of the decisioa of the ERPB if
the reqHest is made ia writiag aad delivered to the Plaaaiag aad Zoaiag Director \'lithia three
(3) workiag days (e)(cIHdiag !;atHrdays, !;Hadays aad legal Miami Dade COHat)· holidays)
fulloviiag the day of the pertiaeat meetiag bHt ROt later thaa five o'clock (5:00) p.m. oa the
third day. The Plaaaiag aad Zoaiag Director shall aotifY the City Clerk of 10 he reqHest.
(3) If a commissioa member makes a timely reqHest fur review ofa decisioa of 10 he ERPB,
the issHe of whether fRe City Commissioa '.viII review the decisioa of 10 he ER.DB shall be
decided by separate resolHtioa aad by a majority vote of the City Commissioa at the aext
commissioa meetiag immediatelv fullowiag fRe applicable meetiag of the ERPB. The time
Iimitatioa pro\·ided for elsewhere ia the Cit>,· Code of Ordiaaaees, fur placiag items oa the
City Commissioa meetiag ageada, shall Ret apply to a cotilmissioa member's reqHest fur
review ofaa ERPB decisioa or recommeadatioa. A review pHrsHaat to a resolHtioa of the
City Commissioa shall be treated as aa appeal fur the pH!J)ose of the precedHre to be fullowed
fur appellate review.
f4) (2) An appellate review by the City Commission may reverse the decision of the ERPB in
whole or in part, modify the decision, or remand the matter back to the ERPB with
instructions.
@ (3) Record on Appeal: The evidence on appeal shall be limited to the record which shall
consist of the transcript of the proceedings and any documents that were presented at the
pertinent meeting ("record on appeal"). The City Clerk or fRe Plaaaiag aad Zoaiag
Departmeat shall prepare the record on appeal after the appellant delivers the pertinent
transcript. Unless waived in writing by all of the parties to the appeal, the preparation of the
transcript is a prerequisite to the appeal. The transcript shall be delivered to the City Clerk at
least thirty (30) days prior to the hearing on the appeal. The failure of the appellant to timely
deliver the transcript shall be grounds for the dismissal of the appeal or, if good cause is
shown for the delay and an extension of time is granted by the City Clerk for the preparation
of the transcript, the hearing date for the appeal or review, as well as all other schedule of
events, such as service of briefs, shall be extended accordingly notwithstanding any other
provision of this ordinance to the contrary.
@(4) Briefs: The appellant shall prepare a written statement of the issues and an argument
("brief') which shall be filed with the City Clerk, and delivered ("served") by hand, facsimile
transmission, e-mail or other acceptable electronic transmissionL at least twenty (20) days
before the hearing on the appeal or Commission revieJ .. 1 Theopposingparty ("appellee''),
which may include the City, may also prepare a brief, if desired, which shall be filed with the
City Clerk and served on the appellant at least six (6) days before the scheduled appellate
hearing. The appeal shall be limited to the issues raised in the briefs.
ffi (5) Appellate Costs: The person who files an appeal, shall pay the applicable appellate
filing fee as set forth in the City's Fee Schedule. The appellant (which term shall include the
person who files an appeal and the City if the review is instituted by resolution), shall pay the
cost of transcribing the testimony and statements made at the pertinent ERPB meeting. The
person, including the City, if deemed to be the prevailing party on the most significant
appellate issues, shall be reimbursed the appellate costs, including the cost of the transcript,
by the non-prevailing party or parties. If there is more than one non-prevailing party, the
costs shall be shared equally between or among them.
(B) Stay of Proceedings. An appeal or a reqHast fer ravie",!' by a Commissioa member stays
all proceedings in furtherance of the action appealed from, unless the City Commission finds that
Comment [T4]: Delete the words "delivered
("served"} by hand facsimile transmission e-mail or
other acceQtable electronic transmission"
Comment [TS]: Isn't this what is being deleted.
Comment [T6]: Add "serve a conx of the brief
on all Qersons who have filed a Notice of
0nnosition with the Cilx Clerk ..
(ORDINANCE CONTAINING ADDITIONAL AMENDMENTS AS PER THE CITY ATTORNEY)
1 there is competent substantial evidence to support the finding of facts and conclusions in the
2 certificate of the officer, department director, City employee or board (hereinafter collectively
3 referred to as "Officer") from whom the appeal is taken eertifies te the eity eemmissieR, aftef
4 Retiee ef llflf3eai has beeR filed with him, that beeause ef the faets stated iR the eertifieate a stay
5 would, in the Officer's opinion, cause imminent peril to life or property or that because the
6 violation charged is transitory in nature a stay would seriously interfere with enforcement of the
7 Code.
8
9 Section 2: Codification. The provisions of this ordinance shall become and be made part of the
10 Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
11 renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to
12 "section" or other appropriate word.
13
14 Section 3, Severability. If any section, clause, sentence, or phrase of this ordinance is for any
15 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect
16 the validity of the remaining portions of this ordinance.
17
18 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and
19 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not thc
20 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being
21 in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
22 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
23 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
24 that needs to be repealed to harmonize the two ordinances shall be repealed.
25 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED this __ , day of ___ , 2012.
ATTEST:
CITY CLERK
1st Reading: 7/31/12
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:
47 w:\my documents\resolutions\ordinance erpb section 20-6 2 ~ appeals_commission amendments 2nd reading amendments of ca 8-14-12 (4).doc
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 Metroral! Station
Market: This Thursday & Friday
market at the metrorail station (close
to Jackson Hospital) benefits Un~ed
Way of Miami-Dade w~h a $25
donation from each vendor and
features Greek, latin and American
Food, fruit drinks, Artisan baked
goods and kettle com.
9 a.m. Aug. 16. Civic Center
Metrorail Station, IS01 NW 12th Ave ..
Allapattah. free. 305-531-0038.
themarketcompany.org,
Upper Eastside/Lemon City Farm-
ers' Market: This Farmer's Market
will feature live muslc;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,urbanoasisprojectorg.
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
HIGHBAR
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, 1m Collins Ave., Miami
Beach. $7 per drink.
www.hlghbarmlaml.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.mlamidadecullnary.com.
HEALTH
Aikido Class: Aikido self defense
class for teenagers and adults.
8 p.m. Aug. 13. Tumblebees
Gymnastics at the Turnpike, 6950
SW TIlth Ave.,. $85 per month •
305-632-3075.
www.aiklkaiintematlonal-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 Breastleeding Support
Group: La Leche League of Miami
Dade offers a breastleeding support
group.
Mama + Baby Meeting
2nd Tuesday of each month at
lOam
Kendall Presbyterian Church
Outer meeting room
8485 SW TIl 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.1l1miamidade.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 wah
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 Miaml,Riviera.
Free. 305-284-5299.
www.psy.miaml.edu/communlty
_service/thrive.phtml.
Relkl HeaDng 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.
Relkl Spiritual Energy HeaDng
Circle: This Is a great Reikl circle for
practitioners as welt 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, Ave Sisters. A
Spiritual Journey, 8805 SW 132nd
St.,. O. 305-259-0013.
www.phinslghts.com/reiki1.html.
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. IS. One Biscayne
Tower, 2 S. Biscayne Blvd. Suite
3400, Downtown Miami. Free.
305-455-0338.
www,healthyaglngsf.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. Unltanan Univer-
salist Congregation of Miami, 7701
SW 76th Ave .. Glenvar Heights. $12.
305-274-8029. www.facebook.coml
pages/Miami-Fl/Yoga-wlth-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 Esthetlclan of the
Year Caleb McGrew: Join Spa e to
Celebrate Caleb McGrew Winning the
2012 Repechage President's Award
for Esthetician of the Yeari
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. la. 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 real submarine
on exhibit at the Museum through
August 12. Provided through a
partnership with the OceanGate
Foundation by special arrangement
wlthU.
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 -Bacardl &
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-S32-23n.
www.facebook.comlevents/
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 Noir 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
Bottle service In our poolslde
cabanas
No Covers
Good Times
Sunday will never be the same. • TURN TO CALENDAR, 37SE
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICEilS HEREBY given thatthe City Commission of the City of South Miami, Florida
will conduct Public Hearing(s) at its regular City Commission meeting scheduled for
Tuesdav. 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)(O(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 Limited 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 HospltaO -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 #09-4025-027-0010.
All Interested parties are invited to attend and wilt be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Marla 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 wlth 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 Leg~1 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
/ o~ .. f:ttPt.t~ . Notary Public State of Florida i.~', I'! Cheryl H Marmer (, .:;. -:; 'H My Commission EE 189528
{' ""tOff\.d"' 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 f/kla 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 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, commission or refund for the purpose
of securing t . adve . t for publication in the said
newspap .
Sworn to and subscribed before me this
y~ ,A,D, 2012 ~ §nJ4l
(SEAL)
O.V. FERBEYRE personally known to rne
VERONICA REYNOSO
MY COMMISSION # EE 222071
EXPIRES: September 3,2016
Bonded Thru Notal)' Public UnderNri!ers
, s Cil'l'YOF SQUTH'MI~MI
NOTICE OF ,PUBUC"tlEARlffG
','i" it'M~I'l~;M";~~'rieni:le~YGMC'
',J '>!in" !i!!\;»"~~">i :, {~,,;Cii9pl~i1<i" ',i;;'"
pursuant ,to 'Flori~a' ~;~tutes ,'286:01 05,the' diiY'heieb~ aBVis~'sthe
public thatHtl person decides . to appeal any decisionrn~d~ 'I?Y 'this
Board; Agency or C9ininissi on with respect to anY~?9s!~pr~d at
its meeting or he~riiiQ; he,or she will need arecQ, .•.. ' , J)r()~edtngs.
and t#at WsucJ1 purpose;,affe~edpers()nrnat.J:!~Mi~gep~ure that a
verbaijm record of the prQ<;eedlngsis .roade ~hlc.!l!~.e;:ptdJncl~~.es the
testimony and evidence upon which the app~al is to~~~ased;' ;,,~
8/24 ',', , ,', ,1~;3:165/1937684M
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 want your event published on our websltes and to be ·automatlcally considered for our free listings In the
Neighbors section, please go to MiamIHerald.com/events and click on "+ add to our Listings" on the upper-right.
Be sure to choose "Community" as the IIrst category. Then, from the drop-down window, pick a second category
that best fits your type of event.
00 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 entertainment section and shouid be marked
Music and Lounge. If you are posting sequential classes, workshops and other events that are not of a pay-per-
event, drop-in nature, click on the time and date of only your Initial event and be sure to note price or state "free"
on the money line. You can put your schedule or variety of classes In the description If you wish, but we will not
publish more than one listing per month at the 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 event so It can be considered for our Calendar section In
Neighbors. Do not key In "Miami" unless your event Is taking place within the city of MiamI. If It's In unincorporat-
ed Miami-Dade, piease state It as Southeast MIami-Dade, Southwest Miami-Dade, Northeast Miami-Dade or North-
west Miami-Dade.
An event name should be no more than three or four words long. Limit the description 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 state
"open to the public" because we do
not publish private events and
please refrain from using all capital
letters or exclamation marks. Don't
forget 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 / Cultural 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. Bijoux 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
Dominating Your Industry on the
Internet -Miami-Dade SCORE: There
will be two sections to this Miami-
Dade SCORE workshop:
--;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;jl elements In the fields provided.
r" I I Also, click on all of the days your
Ballroom Dancing at St. Matthews
Episcopal Church: Enjoy ballroom
dance lessons, mixers, live entertain-
ment 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 Can·
tact) and how to use Social Media to
spread your message ..
(I ...... . .. .
'. .
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY gjven that the City Commission of the City of South Miami, Florida
wfll conduct Public Hearing(s) at its regular City Commjssion 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 autholizing the City Manager to enter into a sub-lease agreement with Miami-
Dade County and LLiraff 0., Inc. DIB/A O'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 Olive (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 Hospltaij -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.
Marla 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 indudes the testimony and evidence upon which the appeal is to be based.
event occurs and put In a start time
for each day. If you have questions,
you can email Sue Mullin at smullin
@MlamIHerald.com. Please put
"Calendar question" In the sublect
line. Or call Sue at 305-376-3355.
ARTS & CRAFTS
IDEA@thebass 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-
ects, 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 sales ..
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, 175E
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, Rorlda:
Hearing #PZ2012-I003-~ 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 exlsclng location for access to a proposed garage as well as the planting of 81 six-foot tall1lshtail
pa1m trees along the rear property line for the property located at 9170 Southwest 63 Court.
All interested parties 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) 23-4-2121. via e-mail at planning@pinecrest-f1.gov or wricing to the
department at 12645 Pinecrest Parkway, Pinecrest, Florida 33156. Refer to the Hearing Number when making an
inquiry.
In accordance with the Americans with Dlsabilides Act of 1990. all persons who are disabled and who need spedal
accommodations to partldpate 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 whith the appeal
is to be based (F.S. 286.0105).
Guido H. Inguanzo,lr., CMC
Village Clerk