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9South Miami bOd CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM rOlP To: The Honorable Mayor and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager f I( From: Christopher Brimo, AICPf\ ~ / Planning Director ~ I 'j Date: July 24,2012 ITEM No. SUBJECT: An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area identified as 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130. SUMMARY OF REQUEST The subject application is a Comprehensive Plan Future Land Use Map amendment that was originally initiated at a workshop held by the City Commission on April 12,2011. At the workshop, it was decided that the new future land use map category entitled "Religious (Two-Story)" be created so that religious uses would no longer belong as a sub-category to Public/Institutional Uses. On November 1, 2011 the new comprehensive plan category "Religious (Two-Story) was adopted by the City Commission on final reading [Ordinance 35-11-2108] and transmitted to the State Department of Economic Opportunity (formerly the Department "of Community Affairs). At a City Commission meeting in March 2012, it was requested that the text amendments for religious institutions be moved to the Planning Board, acting in its capacity as the Local Planning Agency (LPA), for application to specific properties on the City's Future Land Use Map. On June 19, 2012 following a public hearing, the Planning Board in its capacity as the Local Planning Agency voted to recommend adoption of the new land use category by a vote of 5 ayes; 1 nay. CURRENT LAND USE MAP CATEGORY The land use category on the City's Future Land Use Map that is currently in the adopted Comprehensive Plan reads as follows: Public and-Semi-P-ublie 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 public institutional should not be used for other purposes without an amendment to this plan. Zoning regulations could permit public and institutional semi publio uses on sites not so designated by this plan. Sohools are hereby meant to be institutions of general education offering kindergarten through Rlfl grade education or some substantial portion there&f.---B.tH.l~1all-net 2001 Page 2 exceed the average of the maximum permitted in the surrounding zoning districts, but in no case shall a building exceed four sto-rie& (97-1 ER) SITE ANALYSIS COMPREHENSIVE LAND DEVELOPMENT ACTUAL USE PARCELS PLAN EXISTING LAND CODE EXISTING USE CATEGORY ZONING DISTRICT NORTH SINGLE FAMILY RS-2 SINGLE FAMILY HOMES RESIDENTIAL EAST MULTI-FAMILY RT-6 TOWNHOMES RESIDENTIAL " SOUTH SINGLE FAMILY RS-2; LO; PI SINGLE'FAMIL Y HOMES; RESIDENTIAL/OFFICE/ OFFICES; CHURCH INSITUTIONAL WEST SINGLE F AMIL Y RS-2 SINGLE FAMILY HOMES RESIDENTIAL Compatibility of Use: The property fronts on Sunset Drive with a secondary entrance on SW 67th Avenue, and is bounded by single family residential, multi-family and offices. The majority of the property is currently green space and surface parking. Compatibility of Density/Height: The property size is 7.05 acres (mol). The existing land use map category and the existing zoning district would allow several uses, indicated below. The proposed future land use map category will only allow for religious facilities with a maximum building height of two-stories, and could also permit other ancillary uses implemented by the category. 20-3.3 (D) -Permitted use schedule. Z:IColllmission Jtemsl201 217-24-1 21FeIJowship Church FLUMIFeJlowship Church FLUM Amendment_CM report 7-24-12.doc Page 3 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 sUHounding 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 sUHounding 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 sUHounding 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: Z:\Commission Items\2012\7·24-J2\FelJowship Church FLUM\FelJowship Church FLUM Amendment_CM report 7·24·J2.doc Page 4 a. Compatible with the surrounding and abutting properties and immediate neighborhood; b. Consistent with the zoning district that the site is located in; c. Consistent with the Dimensional Requirements for Non-Residential Districts, Section 20-3.5(G) of the Land Development Code; 4. Impact of the proposed use on the city's infrastructure; and 5. Is the amendment compatible with and does it advance the city's objectives and policies contained in the comprehensive plan. FUTURE REZONING The approval of the proposed Future Land Use Map amendment is a pre-requisite for a future zoning district change, which will implement the Future Land Use Category. The . current zoning district of "PI" Public Institutional allows for religious institutions (churches) as a special use, requiring a special use review and approval. However, the zoning district does not have specific dimensional requirements and may need to be amended to an "R", Religious Zoning District. Pie"ase refer to Section 20-3.1(B)(28) below. Staff is currently reviving options to address a "possible" new district, which reflects the intent of the Religious land use category. Current Land Development Land Development Code 20-3.1(B)(28) -Public/Institutional PI" Public/Institutional District: The purpose of this district is to provide for schools, governmental facilities, utilities and churches and similar uses, with building heights and intensities compatible with surrounding districts. This district is appropriate in areas designated "Public and Semi-Public" on the city's adopted Comprehensive Plan. STAFF OBSERVATIONS 1. The proposed amendment was recommended in the 2006 Evaluation and Appraisal Report, and is consistent with the adopted report (as amended). 2. A rezoning of the property may be required to change it from the existing Public Institutional zoning district to a Religious zoning district. A religious zoning district has not yet been established and will require Planning Board review and recommendation prior to Commission approval. 3. The land use amendment and a subsequent zoning district change will formally recognize the City's efforts and citizen participation in assuring the continued compatibility of religious institutions with the surrounding residential neighborhood. 4. The impact of the proposed land use map category change will be insignificant as it pertains to public facilities including traffic, waste collection, water and sewers. 5. Whenever a proposed change effectively makes the land use and zoning more restrictive, there is always the possibility that the property owner could file a legal challenge under Florida's Bert Harris Act. Z:ICommission ItemsI201217-24-12IFellowship Church FLUMIFellowship Church FLUM Amendment_eM report 7-24-J2.doc Page 5 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 for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. [70.001(3)(e)1. Florida Statutes (2012) -Private property rights protection] the following is a timeline as it relates to this property. Fellowship Church (formerly First Baptist) 6781 Sunset Drive • 1968 Special Exception granted to construct the First Baptist Church of South Miami in an RU-IA zone • 1971 the propelty 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. Z:\Commission Jtems\2012\7.24-12IFelJowship Church FLUMIFellowship Church FLUM Amendment_CM repoI17-24-12.doc Page 6 Subject Property Existing Zoning Z:\Commission Items\2012\7-24-12\Fellowship Church FLUM\Fellowship Church FLUM Amendment_ CM report 7-24-12.d?c 'od r:::J City BOIUldary : ... , . ; ! CRABolmdary . i Single-Family Residential (lWo-Story) 11 DuplexResidcntial (1\Vo-StOlY) ,.. Townhouse Residential (1\VO~StolY) • Multiple-Falilily Residential(Four-Story) !II Residential f Limited Com. District (1\vo-Story) II Mix~,:Use Commercial Resideutiai (FOtll~Story) • 1',0.0:0. (4++Story) . • Commercial Relni! & Office (Tw?:,Story) 11. Residential Offic~ (rw~SIOry) II Edueaiiofll!l (Four'StorY) .. II Puillic and fusti.~tio~ (Four"Story) II Parks a.n,d OpeJ;l Space. Attachments: Ordinance 35-11-2108 Planning Board Minutes 7·\r .... ""' .... i" .. ; ..... n Ttpomc\')O I ')\7 .. '1.1 ... 1 ')\J:,"pllnw<:hin rhJlrC':h FT J TM\Fell()w~hin C:hllTCh Fl.T 1M Ame:nnmp..nt eM rennrt 7-74 .. 12 doc Page 7 .. . . '\. 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 6781 7 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130. 8 9 WHEREAS, the Florida Legislature intends that local planning be a continuous 10 and ongoing process; and 11 12 WHEREAS, Section 163.3191, Florida Statutes, directs local governments to 13 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate 14 policy guidance for growth and development; and 15 16 WHEREAS, on April 12, 2011 at a City Commission workshop, it was decided 17 that the new future land use map category entitled "Religious (Two-Story)" be created so 18 that religious uses would no longer belong as a sub-category to Public/Institutional Uses; 19 and 20 21 WHEREAS, on November 1, 2011 the new comprehensive plan category 22 "Religious (Two-Story) was adopted by the City Commission on final reading 23 [Ordinance 35-11-2108]; and 24 25 WHEREAS, the Local Planning Agency (Planning Board) at its meeting on June 26 19, 2012 after public hearing, adopted a motion by a vote of 5 ayes and 1 nays 27 recommending that the City Commission amend the Future Land Use Map for the 28 property described in Section 1. 29 30 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 31 OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: 32 33 Section 1. The City Commission hereby a Future Land Use Map 34 Amendment changing the future land use map category from Public Institutional (Four 35 Story) to the category Religious (Two Story), for an area identified for an area identified 36 as 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130. 37 38 Section 2. All ordinances or parts of ordinances in conflict with the provisions of 39 this ordinance are hereby repealed. 40 41 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any 42 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 43 shall not affect the validity of the remaining portions of this ordinance. 44 45 Section 4. This ordinance shall be effective immediately after the adoption 46 hereof. 1 PASSED AND ADOPTED this day of_ 2012. 2 3 4 ATTEST: APPROVED: 5 6 7 CITY CLERK MAYOR 8 1 st Reading: 9 2nd Reading: 10 11 12 READ AND APPROVED AS TO FORM 13 LANGUAGE, LEGALITY AND 14 EXECUTION THEREOF: Commission Vote 15 Mayor Stoddard: 16 Vice Mayor Liebman: 17 Commissioner Newman: 18 CITY ATTORNEY Commissioner Harris: 19 Commissioner Welsh 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 Futu-re Land Use Eiement in order to' adopt a new future land use map category entitled "Religious .(Two-StOl:Y)," which could be applied to· deyelopment projects and properties providing religious facilities and could also, permit other ancillary uses implemented by the category, with building heights and intensities compatible "\yith' sUl"rounding. districts; prcvicling for 'sevei'ability, providing for ordinances in conflict; and pr~viding an effective date. WHEREAS, the Florida Legislature intends that local plamling 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 workshop that initiated various text amendments to the South Miami Comprehensive Plan; and WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after pu.blic hearing, adopted a Iilotio~ 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 Tlffi MAYOR AND THE CITY COMMISSION OF TlIE CITY OF SOUTH MIAMI, FLORIDA, TIIA T: . Section 1. The City Commission hereby approves amending the Comprehensive Plan Future Land Use Element by adopting a new future land use map category entitled "Religious (Two-StorY)l' which shall be included in Chapter 1 Future Land Use Element and shall read as follows: Religious (Two-Story) The "religious uses" land use category is intended to he applied to development protects and properties providing religious facilities and could also pennit 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 maxhnum 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 ordina'nce. . Section 3: Cod.ification. The provisions of this ordinance shall become and: be made part of the Code of 'Ordinances of the City of South Miami as amended. The sections ofthis ordinance may be renumbered or re-lettered to accomplish such intention; and' the word "ordinance'r may be changed to "section" or other appropriate word. Section 4:. Ol'dinances in Conflict. All ordinances or parts of ordinances and all section and parts· of sections of ordinances in dlrect conflict herewith are hereby repealed. Howevert it is not the intent of this section to repeal entire ordinances, or parts of· ordinances, that give the appearance of being in conflict when the two ordinances can be hannonized or when only a portion of the ordinance in conflict needs to be repealed to hannonize the· ordinances. Therefore, only that portion that needs to be repealed to hannonize the two ordinances shall be repealed. Section 5: Effective Date. This ordinance shall become effective at the ~-et1: 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. this amendment shall become effective on the date the state land planning agency or tbe Administration Commission enters a final order detennining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final' order of noncompliance is issued by the Administration Commission. this amendment may nevertheless be made effective by adoption of a resolution affinning its effective status. a copy of which resolution shall be sent to the state land planning agency. Ord. No. 35-11-2108 3 PASSED AND ADOPTED this') st day of November y 2011 ATTEST: APPROVED: Commission Vote: 5-0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner "Palmer; Yea Commissioner Beasley: Yea Commissioner Harris: Yea 2010 $0 $0 $0 $0 . $0 Dis.clalmer: MIAMI-DADE COUNTY OFFICE OF THE PROPERTY APPRAISER PROPERTY SEARCH SUMMARY REPORT Honorable Pedro J. Garcia Property Appraiser ExemptionfT axabfe $3,704,8891 $0 $3,704,8891 $0 which are qualified The Office of the Property Appraiser and Miami-Dade County are continually editing and updating the tax roll and GIS data to reflect the latest property informalion and GIS positional accuracy. No warranties, expressed or implied, are provided for data and the positional or thematic accuracy of the data herein, its use, or its interpretation. Although this website Is periodically updated, this information may not reflect the data currently on file at Miami-Dade County's systems of record. The Property Appraiser and Miami-Dade County assumes no liability either for any errors, omissions, or inaccuracies in the information provided regardless of the cause of such or for any decision made, action taken, or action not taken by the user in reliance upon any information provided herein. See Miami-Dade County full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp. Property information inquiries, comments, and suggestions email: pawebmail@miamidade.gov GIS inquiries, comments, and suggestions email: gis@miamidade.gov Generated on: Tuesday, July 17, 2012 City Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of$500 per Ordinance No. 44-08-1979. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence "City" action. "City" action is broadly described to include the ranking and selection of professional consultants, and 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. Hauri, Dr. Philips and Mr. Vitalini. Board Member absent: Mr. Cruz (Vice-Chairman). City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit Facilitator), Ms. Tiffany Hood (Office Support). City staff absent: None City Attorney: Mr. Thomas Pepe. III.. Administrative Matters There are no administrative matters at this time. IV. Public Hearings PB-12-015 Applicant: City of South Miami Location: 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130 An Ordinance amending the Future Land Use Map of the South Miami Comprehensive Plan by changing the future land use map category from Public Institutional (Four Story) to Religious (Two Story) for an area identified as 6781 Sunset Drive (Fellowship Church) Folio: 09-4026-000-0130 Z:\Commission ltems\201 2\7-24-1 2\FcJlowship Church FLUM\PB-12-015 -Final Regular Meeting Minutes ExcerJ?tagl§-1 90f 5 12.doc Mrs. Beckman read the item into the record. Mr. Brimo presented the item to the Board. The Chairman Opened the Public Hearing. NAME Pastor Rivera ADDRESS 6750 Sunset Dr. SUPPORT/OPPOSE Oppose Pastor Rivera is the Pastor of University' Christian Church. He stated that he is opposition of this proposal because of the change from a four story designation to a two story designation and feels that it infringes on their rights to exist as a church organization. He also stated that he is displeased that they were not considered before this decision was reached. NAME Scott Wilson ADDRESS 6781 Sunset Dr. SUPPORT/OPPOSE Oppose Scott Wilson is the Pastor of Fellowship Church Miami. He stated that he objects to this proposal for three reasons. The first reason addressed was the lack of communication between the City of South Miami and the church regarding this proposal. He stated that this proposal is viewed by the church as their rights being stripped and would like the language to be changed. The second reason stated were future considerations of a daycare and an elementary school being implemented. The third reason stated was the future sale of the property to accommodate the growing needs of the church; this wi11limit who they are able to sell to. He then stated that his recommendation would be to table'this and work together with the attorneys to work out the language in the proposal to prevent any future conflicts. NAME Ed ADDRESS 6780 SW 69th Terr. SUPPORT/OPPOSE Support Mr. Green stated that he is a resident of South Miami and would like to see this change to a . religious two stories. He also stated that the potential sale of this property and an increase in traffic flow are of concern. NAME Dave Morton ADDRESS 6465 Sunset Dr. SUPPORT/OPPOSE Support Mr. Morton stated that he is a resident of South Miami and would like to see this change to two stories. He also stated a concern of the density of a four story propeliy and an increase in traffic within the community. NAME Mirla Arteaga-Cespedes ADDRESS 6720 SW 69 th Terr. SUPPORT/OPPOSE Support Z:\Commission Jtcms\2012\7-24-12\Fcllowship Church FLUM\PB-12-015 -Final Regular Meeting Minutes Excerptag~-290f 5 12.doc She stated that she lives directly behind the church. She then stated that she has no problem with the preschool and the church as a two-story. However there is a great concern of expansion and also the possible sale of the property. NAME Gloria Dobal ADDRESS 6741 SW 69th Terr. SUPPORT/OPPOSE Support She stated that she is in favor on this remaining as a two story. She stated that the change to a four story would be worse for everyone in the community. NAME ADDRESS SUPPORT/OPPOSE Paul Eisenhart 7029 SW 68th Ct. Undecided He stated that he is not for the proposal or against it. He then stated that he would like to see this proposal deferred to allow the property owners the opportunity to discuss and to achieve a clearer understanding and the ordinances. NAME ADDRESS SUPPORT/OPPOSE Josie Van Hemert 7011 SW 68 Ct. Support She stated that would like for these churches to remain a two story and not a four story designation. She also stated that she has concerns of the possibility of these properties expanding or becoming high schools and also the increase of traffic as well. NAME Marisa de Cordoba ADDRESS 7101 SW 68 th Ct. SUPPORT/OPPOSE Support She stated that she is in favor of this proposal. She stated that she has concerns of noise, the children and increase in traffic in the area. NAME ADDRESS SUPPORT/OPPOSE Robert Abello 681 i Sunset Dr. Support He stated that he is a resident of South Miami and he would like to see this change to a two story designation. He also stated that he has a major concern of an increase in the traffic flow. NAME Maria Eisenhati AnDRESS 7029 SW 68 th Ct. SUPPORT/OPPOSE Support She stated that she has been a resident for twenty-four years in this same house. She then stated that she likes the church and has had no problems; however she stated there is rumor of the church being sold with the possibility of a four story going up and the risk of it no longer being a religious institution that iri itself is not favorable. The Chairman Closed the Public Hearing. Dr. Philips stated that if this proposal is approved does this limit the owners to use this property as religious only_ Mr. Brimo responded that as the definition that was adopted in the text for ancillary use of this institution, this does not address the zoning issues relative to this property this is just a land use amendment. Dr. Whitman stated that when the zoning is created for this Z:\Commission Items\2012\7-24-12\Fellowship Church FLUM\PB-12-015 -Final Regular Meeting Minutes Excerptagl§-3 90f 5 12.doc property then at that time a school or a religious school could be allowed as a special or permitted use potentially. He then stated that this proposed change would not preclude the church from running a school on their site. Mr. Brimo stated that currently under the public institutional schools are permitted as special uses, so these properties would have to go through a special use review process. Mr. Brimo stated that in the near future in the Land Development Code the story designations will be converted into heights and Land Use Map will show the categories with no designations. Mr. Dundorf stated that this proposal is taking away the building rights of the property owners. Dr. Whitman then suggested that he address the City Attomey Mr. Pepe regarding this issue. Mr. Dundorf then asked Mr. Pepe if we are exposing ourselves to the risk of a law suit with the taking away of rights to these churches if they had four story rights at the time of purchase hypothetically speaking. Mr. Pepe responded that it is a good possibility and he needs to research this further. Mr. Dundorf then asked the owners if they are planning to build a school. Pastor Wilson stated there is that possibility of it and the language is still unclear to him. Pastor Rivera stated that his concems of building higher if there is a hurricane and the building is damaged would they not be allowed to build again at the current height or would they be restricted. Mr. Pepe responded that yes they would be allowed to rebuild at the current height. Pastor Rivera . then stated that ifhe wanted to build a community center on the propeliy, a school or something that would go higher than two stories. Mrs. Beckman stated that the Board is just changing the name of the Land Use category and not the zoning of this property. She then stated that zoning has to be shared with everyone in the City of South Miami and feels that it should be a two story designation. Dr. Whitman stated that he fully supports this proposal and we need to limit the height of buildings that are adjacent to our residential neighborhoods. Motion: Mrs. Beckman motioned for approval as presented. This motion was seconded by Dr. Philips. Vote: Approved: 5 Opposed: 1 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Vitalini: Yes Dr. Rauri: Yes Mr. Dundorf: No . V. Approval of Minutes: Planning Board Minutes of April 10, 2012 -The Board members reviewed the minutes and were in favor of approval of the minutes with minor changes. Motion: Dr. Whitman motioned to approve the April 24, 2012 Minutes. This motion was seconded by Mrs. Beckman. Vote: Approved: 5 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Z:\Commission Items\2012\7-24-12\Fellowship Church FLUM\PB-12-015 -Final Regular Meeting Minutes Exeerftagl§-490f 5 12.doe Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Hauri abstained [rom lhe vote due to hcr absence from this meeting. Planning Board Minutes of May 8, 2012 -The Board members reviewed the minutes and were in favor of approval of the minutes with no changes. Motion: Mr. Vitalini motioned to approve the May 8, 2012 Minutes. This motion was seconded by Mr. Dundorf. Vote: Approved: 5 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Motion: Mr. Dundorf stated that we sited in on only two of the churches by recommendation of the City Commission and recommended that we should cover all the churches within the City of South Miami and this also should apply to the hospitals as well. This motion was seconded by Dr. Hauri. Vote: Approved: 6 Opposed: 0 Mrs. Beckman: Yes Dr. Whitman: Yes Dr. Philips: Yes Mr. Dundorf: Yes Mr. Vitalini: Yes Dr. Hauri: Yes Mr. Pepe informed the Board that he did the research regarding items PB-12-01S and PB-12- 016 if the story designation is a taking. His findings were that it is not a taking because anyone who purchases property is on notice of future changes due to the Comp Plan and also zoning changes. VI. Future Meeting Dates: Tuesday, July 10,2012 VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:50 PM. Z:\Commission Itcms\2012\7-24-12\Fellowship Church FLUM\PB-12-015 -Final Regular Meeting Minutes Excerr<a:gl§-190f 5 12.doc THE MIAMI HERALD I MiamiHerald.clm SE SUNDAY, JULY 29, 2012 I 25SE SOUTH MIAMI Commission meeting gets contentious • BUDGET, FROM 3SE Mirabile said that despite the 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 Thes- 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 Bradiey Cassel Their terms end Sept. 30. Mirabile accused Beck- man of being biased against him because of his Cuban heritage. He cited emails where she and others re- .ferred to him, Police Chief Orlando Martinez de Castro and Newman, who are all of Cuban heritage, as the "Cu- ban Mafia." "It is illegal in this country to discriminate on the basis of race, creed, sexual orien- tation or national origin," Mirabile said in the letter. Beckman said she was not discriminating against Mi- rabile and said that she likes Cubans. Stoddard disap- proved of Mirabile's letter and presented a response. In his letter addressed to Mira- bile, he said that his allega- tions of "hate crime" and "conspiracy" were extreme and inaccurate. "Conspiracy means that people are agreeing to com- mit a crime. No one has committed a crime here," Stoddard said. "In a demo- ing this week. Welsh said Newman and Mirabile's accusations lack weight. He has expressed publicly and in one of the flyers he hands out to city residents that he doesn't think Mirabile and Martinez de Castro have the city's best interest at heart. Earlier this month, Welsh called for a special meeting to propose a charter change that would allow voters to change the current form of government. Under the cur- rent city manager form of government, the chief flnan- cial officer and the police chief report to the city man- ager. Welsh's proposal would permanently give the commission more power over both offices. "We are the body that hears what the people want," Welsh said. "We want manager, fire him for cause, "If the comrrusslon had to make sure that the city's or if not, flre him for no agreed to do it, then there purchasing is being done cause," Mirabile said at a would be a proposal that properly and is getting a meeting, would be put on the Novem- good price." Welsh said he disagreed ber ballot," Stoddard ex- The commission as a with Mirabile, and he is de-plained. "I think there are whole wasn't convinced. termined to push for ''pro-merits to the idea, so we are Liebman said commission-gressive change." Stoddard supporting a charter review 'ers were not equipped to is open to the "experiment." committee." "micromanage" either office r;::;;;;=================:::; and that he trusted Mirabile I . . ~ and Martinez de Castro and ' :~' " that both had proved com-,.' ' •.. petent City attomeyThom-"::';. " as Pepe .said the c~e CITY OF SOUTH MIAMI w~uld Vlolate the police COURTESY NOTI chief's contract. C E While discussing the bud- get process, Mirabile said that the current form of govern- ment was "crystal transpar- ent" and that changing it would create instability and chaos. "Don't cbange your char- ter. If you don't trust the city NOTICE IS HEREBY given' that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. August 7. 2012. beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): cratic process, residents can .;;;,;;;;,;;;;,;;;;,;;,;;;;;;,;;;;,;;;;,;;;;,;;;;,;;;;,;;;;,;;;;,;;;;,;;;;,;;;;;;;;;;;;;;;;;;;;;;;;;;;1 get together and discuss ide-I r An Ordinance amending the Future Land Use Map 01 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-Stmy) for an area Identified as 6443 SW 60 AVE. Fono # 09-4025.010-0050; 6443 SW 59 PL; Folio # 09-41)25-010·0320 in conjunction with the Madison Square development project as, even if they are planning. to propose a change in gov- ernment. That's allowed, and it's not a conspiracy." Newman was so upset that she shouted at Stod- dard, calling him a "liar!' She also said that she was tum-I ing in evidence of alleged I discrimination to the De- partment of Justice and posting the emails on a new blog she planned on launch- ( I An Ordinance amending the Future Land Use Map ot the South Miami Comprehensive Plan by changing the future land lISe map category trom Public Institutional (Four Story) to Religious (Two Story) tor an area identified as '6781 Sunset Drive (FeRowship Church) Folio: 09·4026-000-o13D. 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 relating to budget; authorizing an increase of expense line Item 201.1410.519.7210 Oebt Service Fund Interest Expense in the amount of $175,205 from Oebt Service Fund Balance. NEIGHBORS CALENDAR ADDITIOHAL 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 4S minute fun exercise class with low impact workouts for ACTIVE Seniors. 9:30 a.m. Aug. 4. Edward & Arlene Feller 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. 386-25ZUM3A. www.zumbawithfabi.com. car290: A New Way of Getting Around Town: Stop by BARU Urbano Brickell for brunch and learn about car290. 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. Saru Urbano, 10m S. Miami Ave .. Brickell. Free. miami,car2go.com. • TURN TO CALENDAR, 26SE 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, F~ 33157 CFACADEMY.ORG A Resoluti~n authorizing the City Manager In 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 Pursuant to Fbrlda $ta1utes 286.0105. the Clty hereby advises the publi:: tt\ilt If a person decldes to appeal any d~1s1on made by Ihls Board.Agent)' Of Commi>soo with respect to any matter considered at lis meeting or hearng, he 01' she win need a reeottI or the {IIlIC8editIgs, and that lor sUCh j)UQO&8. attected pBlSOll may need to ensUflt tttat a verbatim record of the pf'tlCeedlngs is mads whlcl\ record Includes tile testimony and Bvidence tJpon which the appeal Is 10 be based. MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami·Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -AUGUST 7, 2012 in the XXXX Court, was published in said newspaper in the issues of 07/27/2012 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami·Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate "on or refund for the purpose of securing' vertlsement f publication in the said p r, 27 day of JULY ,A.D, 2012 ~~ •• P'- (SEAL) .' MARIA MESA personally known to me ~~~~~ry~~~~~~~~~~~ #( ,,:' l"'," P"~ Notary Public Slate of Florida , ~ • Cheryl H Marmer ~' "-i,' 'I My Commission EE 189528 ,j ''\> ')/r·cl) Expires 07118/2016 '~-~'~~~~~~~~~~ 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/k/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 CUTY OF SOUTH MIAMI PUBLIC HEARING 9/4/2012 in the XXX X 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 news pap . Sworn to and subscribed before me this A/~ AD 2012 ~ h~ (SEAL) O.V. FERBEYRE personally known to me VERONICA REYNOSO MY COMMISSION # EE 222071 EXPIRES: September 3,2016 Bonded Thru Nota!Y Public Unde!Writers CITv'OF" SOUTH'~IAMI ,NOTICE"OF PUBLIC-HEARI,.G \ ',' " .. :' ", . ',' ;:' i " :', '. ,', " . ,." .:'., <' .:,: ~, ., > ::, ,':' .'~' , /. '," , ,,' : ," . '. ' .. " """, .: ", '.'. ',:-' ," " : ,<; , ,For (6J1herj~fOrmatio~,:pi~ase'~ntact theC\~.CI$rk's 9ffice at: \;~95,2~~j~,M?,~,,;~):;\,,/ J.""~. ~~,~;::';\.'" " '. 'Maria: M".:'Me~ende'z,; OMC'·'" " ':Cityqlerk~"'; ) ,;" ; pursuant to ',Florida Statutes', 28Q:~1ij5,' ~~~itY"ft~m~y; ~dViSes,the' public that,~a person decides to appeal any de_dsJprn\~d~ 'bY this Board, Agencyqrq:iinmissioil with respect to ~ny;: 's!d~r~d at its meeting or heiirinQ,he,or she wllln~,ed a rec()r4 ~edlngs, and t~at f~r suchpurpQse,',affe~~dpers6il ~a ' '. " ure that, a, verbatinYrecord of the prqceedmgs:iS made w.rd!ncluges the testimony and evidence upon which the'appeal is ,:,ased:',:,,' 8/24 '1,2,3;-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 beautomatically considered for our free listings In the Neighbors section, please go to MlamiHerald.com/events and click on "+ add to our listings" on the upper-right. Be sure to choose "Community" as the first category. Then, from the drop-down window, pick a second category that best fits your type of event. 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 entertainment section and should 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, please 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 .. ~oral 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. $IS.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: --;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;11 elements In the fields provided. I" 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 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- Oade County and LUraff 0., Inc. DIBIA 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 (fwo 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 (fwo 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 fr'om "TODD MU-5" mixed use 5 zoning district to "H" hospital zoning district for property located 7031 SW 62 Avenue (Larkin Community HospltaQ -Folio 1109-4025-027 ~001 O. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Rorida Statutes 286.0105, the City hereby advises the public that if a parson 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 start time for each day. If you have questions, you can email Sue Mullin at smuilin @MlamIHerald.com. Please put "Calendar question" In the subject 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 Dayl 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 soles. 7 p.m. Aug. 28. Biioux 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 a 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 #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 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 parties are urged to attend. Objections or expreuions of approval may be made in person at the hearing or flied in writing prior to or at the hearing. Interested parties requesting information are asked to contact the Building and Planning Department by c.alling (305) 23~.2121. via e-mail at planning@pinecrest-fl.gov or writing 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 Disabilities Act: 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 (lOS) 23~. 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