08-07-07 Item 10South Miaoni
All- America City
i
N p CITY OF SOUTH MIAMI
�� 1927�P OFFICE OF THE CITY MANAGER
oat INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager �.
From: Julian Perez, Planning Director `;r`
Date: July 24, 2007 ITEM No. 10.
Subject: AN ORDINANCE OF THE MAYOR. AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING SECTION 20-5.6 OF THE LAND DEVELOPMENT CODE IN ORDER
TO PROVIDE A PROCEDURE FOR THE DEFERRAL OF AN APPLICATION SCHEDULED FOR
PUBLIC HEARING; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE
Background: In June 2007, an applicant forwarded a verbal request to defer a public hearing item (variance)
before the City Commission. The deferral request was made two days before the hearing and did not allow
sufficient time to notify abutting and nearby residents who appeared at the meeting and waited for the item to be
called. The City Commission directed the Planning; staff to prepare an appropriate amendment to the LDC which
would provide a clear process for deferral of public hearing items.
LDC ReLyulations
The Land Development Code regulates the process for submitting applications requiring public hearings before the
Planning Board and City Commission. This part of the Code (Sections 20 -5.5 and 20 -5.6) describes in detail the
submission, advertisement and notification requirements, including a regulation for withdrawal of a petition.
However, the procedures needed to regulate a request for deferral of an application are not set forth, and over the
years there have been problems associated with deferrals because of the lack of specific regulations.
Proposed LDC Amendment
The proposed regulations are contained in the attached draft ordinance. A new Section 20- 5.6(E) entitled
"Notification to Defer an Application Scheduled for Public Hearing Before the Planning Board and City
Commission" would be added to Section 20 -5.6 "Applications in General" of the Land Development Code. The
amendment would require a deferral request to be made in writing seven working days before the public hearing.
The Planning Department or the City Clerk would notify the affected neighbors, re- advertise, and repost the
property. The deferred hearing would be set no earlier than 60 days in the future. An additional fee equal to 25% of
the original application filing fee must be submitted before the Planning Board or City Commission public hearing
is re- scheduled.
Failure to provide the required notice in advance will require the applicant to attend the meeting at which the
hearing was scheduled and request the Planning Board or City Commission to defer the application. If a deferral is
granted the deferred hearing would be set no earlier than 60 days in the future and the payment of the 25% fee
would also be applicable.
Planning Board Action
The Planning Board at its July10, 2007 meeting adopted a motion by a vote of 5 ayes 1 nay (Ms. Beckman)
recommending that the proposed ordinance with modifications suggested by the Board be approved.
(2)
Recommendation
The. proposed regulations will discourage applicants from deferrals after a public hearing is scheduled. The
proposed deferral fee is warranted because the City will be required to re- advertise the item, mail -out notices: and
re -post the property. It is recommended that the proposed regulations contained in the attached draft ordinance be
approved.
Backup Documentation:
Draft Resolution
Planning Department Staff Report 7 -10 -07
Planning Board Minutes excerpt 7 -10 -07
Public notices
JP /SAY
P: \Comm Items\2007 \7- 24- 07 \PB -07 -018 LDDC Amend Hearing CM Report.doc
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -5.6 OF THE LAND
DEVELOPMENT CODE IN ORDER TO PROVIDE A PROCEDURE FOR THE
DEFERRAL OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, The Land Development Code regulates the process for submitting applications
requiring public hearings before the Planning Board and City Commission, including regulations
governing submission, advertisement, notification requirements, and regulations for withdrawal of
an application; and
WHEREAS, the procedures needed to regulate a request for deferral of an application which
is scheduled for a public hearing before the Planning Board and City Commission are not set forth
in the Land Development Code; and
WHEREAS, deferrals can seriously impact the ability of abutting property owners to be
represented at and to participate in a public hearing; and
WHEREAS, the Planning Department has prepared an appropriate amendment to Section 20-
5.6 of the Land Development Code which establishes regulations for requesting a deferral of an
application for a public hearing; and
WHEREAS, the Planning Board at its July 10, 2007 meeting, after public hearing, by a vote
of ` 5 ayes and 1 nay, approved a motion recommending that the proposed Land Development
Code amendment contained in this ordinance be adopted; and
WHEREAS, the City Commission desires to enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -5.6 of the Land Development Code is hereby amended to read
as follows:
20 -5.6 Applications in general.
(A) General Requirements. All applications shall be submitted and processed
pursuant to the requirements of this Code and shall be submitted by the owner of the
property or an authorized agent of such owner on application forms available in the
department of building and zoning. The director may require reasonable proof of agency
from any agent.
(B) Application Deadlines. The deadline for the filing of a complete application
shall be noon of the Monday three (3) weeks prior to the public hearing date requested.
Late or incomplete applications shall not be accepted for that agenda due to required public
notice requirements.
(C) Exemptions. Application requirements shall not apply to city- initiated
amendments to the adopted Comprehensive Plan or this Code or any rules or regulations
2
1 regarding Chapter 163, Florida Statutes.
2
3 (D) Withdrawal of a Petition. Any application for an amendment, supplement or
4 change may be withdrawn by request, in writing, from the applicant at any time before a
5 decision of the commission, but if withdrawn after advertisement for a public hearing or
6 posting of the property, the same or substantially similar application governing the same
7 property shall not be resubmitted for a period of at least one (1) year except at the request
8 of a majority of the commission it can be heard after a period of six (6) months after the
9 date established for the prior hearing. Filing fees shall not be refunded upon any
10 withdrawal.
11
12 (E) Notification to Defer an Application Scheduled for Public Hearing Before
13 the Planning Board and City Commission:
14
15 (1) An application requiring public hearing which has been posted, advertised or
16 notice mailed to property owners within the required five hundred (500) feet of the
17 subject property may be deferred by an applicant or applicant's representative if
18 written notification is provided to the Planning Department and the City Clerk Office
19 no later than seven (7) working days prior to the scheduled public hearing. After the
20 notice to defer is filed in written form with the Planning Department and the City
21 Clerk Office, the Planning Director or City Clerk shall immediately re- notify by mail
22 the property owners within the five hundred (500) feet radius and post public notice
23 at the site advising the public of the deferral.
24
25 (2) If the Applicant or Applicant's representatives formally request within the time
26 frame stated above the deferral of an application scheduled for public hearing, the
27 application shall not be scheduled for public hearing for a minimum period of sixty
28 (60) days from the date of the meeting at which the deferred application was set for
29 public hearing. An additional fee equal to 25% of the original application filing fee
30 must be submitted before the Planning Board or City Commission public hearing is
31 re- scheduled.
32
33 (3) Failure to provide proper and timely notification as set forth in Section 20-
34 5.6(E)(1) above will require the Applicant or Applicant's representative to appear
35 before the Planning Board or City Commission in order to formally request a
36 deferral of the application. A motion for deferral may be adopted by the Planning
37 Board or City Commission. If the Application is approved for deferral it will be
38 scheduled for public hearing no sooner than sixty (60) days from the date of the
39 meeting at which the deferred application was set for public hearing. An additional
40 fee equal to 25% of the original application filing fee must be submitted before the
41 Planning Board or City Commission public hearing is re- scheduled.
42
43 (4) A request for deferral made by the City Manager, Planning Director, Planning
44 Board, City Manager or City Commission and shall not be subject to the
45 requirements set forth above in Sections 20- 5.6(E) (1)(2) (3) .
46
47
48 Section 2. All ordinances or parts of ordinances in conflict with the provisions of this
49 ordinance are hereby repealed.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
3
Section 3. 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. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1St Reading —
2"a Reading —
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of _ , 2007
APPROVED:
ILVIIEW403
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts
Commissioner Beckman:
sour I South Miami
All- America City
r
INCORPORATED
1927
Cp�Y9
2001
To: Honorable Chair and Date: July 10, 2007
Planning Board Members
From: Julian Pere Re: LDC Amendment: Public
Planning Director Hearing Deferral
PB -07 -018
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA AMENDING SECTION 20 -5.6 OF THE LAND DEVELOPMENT CODE IN
ORDER TO PROVIDE A PROCEDURE FOR THE DEFERRAL OF AN APPLICATION
SCHEDULED FOR PUBLIC HEARING; ]PROVIDING FOR SEVERABILITY, ORDINANCES
IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
The Land Development Code regulates the process for submitting applications requiring public hearings
before the Planning Board and City Commission. This part of the Code (Sections 20 -5.5 and 20 -5.6)
describes in detail the submission, advertisement and notification requirements, including a regulation
for withdrawal of a petition. However, the procedures needed to regulate a request for deferral of an
application are not set forth, and over the years there have been problems associated with deferrals
because of the lack of specific regulations.
In June 2007, an applicant forwarded a verbal request to defer a public hearing item (variance) before the
City Commission. The deferral request was made two days before the hearing and did not allow
sufficient time to notify abutting and nearby residents who appeared at the meeting and waited for the
item to be called. The City Commission directed the Planning staff to prepare an appropriate amendment
to the LDC which would provide a clear process for deferral of public hearing items.
LDC REGULATIONS
The proposed regulations are contained in the attached draft ordinance. A new Section 20- 5.6(E) entitled
"Notification to Defer an Application Scheduled for Public Hearing Before the Planning Board'and City
Commission" would be added to Section 20 =5.6 "Applications in General" of the Land Development
Code.
In summary, the amendment would require a deferral request to be made in writing five working days
before the public hearing. The Planning Department or the City Clerk would notify the affected
neighbors, re- advertise, and repost the property. The deferred hearing would be set no earlier than 60
days in the future.
Failure to provide the required notice in advance will require the applicant to attend the meeting at which
the hearing was scheduled and request the Planning :Board or City Commission to defer the application.
If a deferral is granted the deferred hearing would be set no earlier than 60 days in the future. An
additional fee equal to 25% of the original application filing fee must be submitted before the Planning
Board or City Commission public hearing is re- scheduled.
LDC Ainendinent Hearing deferral
July 10, 2007
Page 2 of 2
STAFF OBSERVATIONS
(1) The proposed regulations will discourage applicants from deferrals after a public hearing is
scheduled.
(2) The proposed deferral fee is warranted because the City will be required to re- advertise the item,
mail -out notices and re -post the property.
RECOMMENDATION
It is recommended that the proposed regulations contained in the attached draft ordinance be approved.
Attachments:
Draft Ordinance.
Public Notices
JP /SAY
P:\PB\PB Agendas Staff Reports\2007 Agendas Staff Reports \7••10- 07 \PB -07- -018 LDC Amend Hearing Deferral.doc
:P'"s o o r
G �r
F �
U "
• ...rne nnon�rrn •
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, July 10, 2007
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7: 30 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Davis, Mr. Farfan, Ms. Young, Ms.
Chael, and Ms. Beckman. Board Members Absent: Ms. Yates
City staff present: Julian H. Perez (Planning Director), Sanford A. Youkilis (Planning
Consultant), and Lluvia Resendiz (Administrative Assistant).
IV. Planning Board Applications / Public Hearing
PB -07 -018
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA AMENDING SECTION 20 -5.6 OF THE LAND
DEVELOPMENT CODE IN ORDER TO PROVIDE A PROCEDURE FOR THE
DEFERRAL OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND
PROVIDING AN EFFECTIVE DATE.
Action: Ms. Young read the ordinance into the record.
The Land Development Code regulates the process for submitting applications requiring
public hearings before the Planning Board and City Commission. This part of the Code
(Sections 20 -5.5 and 20 -5.6) describes in detail the submission, advertisement and
notification requirements, including a regulation for withdrawal of a petition. However, the
Planning Board Meeting
Page 2 of 6
procedures needed to regulate a request for deferral of an application are not set forth, and
over the years there have been problems associated with deferrals because of the lack of
specific regulations.
In June 2007, an applicant forwarded a verbal request to defer a public hearing item
(variance) before the City Commission. The deferral request was made two days before the
hearing and did not allow sufficient time to notify abutting and nearby residents who
appeared at the meeting and waited for the item to be called. The City Commission
directed the Planning staff to prepare ail appropriate amendment to the LDC which would
provide a clear process for deferral of public hearing items. In summary, the amendment
would require a deferral request to be made in writing five working days before the public
hearing. The Planning Department or the City Clerk would notify the affected neighbors,
re- advertise, and repost the property. The deferred hearing would be set no earlier than 60
days in the future.
Failure to provide the required notice in advance will require the applicant to attend the
meeting at which the hearing was scheduled and request the Planning Board or City
Commission to defer the application. If a deferral is granted the deferred hearing would be
set no earlier than 60 days in the future. An additional fee equal to 25% of the original
application filing fee must be submitted before the Planning Board or City Commission
public hearing is re- scheduled.
Staff Observations:
(1) The proposed regulations will discourage applicants from deferrals after a public
hearing is scheduled.
(2) The proposed deferral fee is warranted because the City will be required to re-
advertise the item, mail -out notices and re -post the property.
Recommendations: It was recommended that the proposed regulations contained in the
attached draft ordinance be approved.
Mr. Morton question if the actual application cost is or is not a fixed item and if it is basing
on a percentage the actual cost is straight forward. He also questioned if the Board were
dealing with a substantial application fee would the cost warrant the fee however. Staff
responded that the fee covers to the cost of re- advertising, the public hearing. Mr. Morton
stated that if staff is comfortable with the fee then he would be fine with it also.
Mr. Perez stated that through this ordinance draft, staff was attempting to have a process
which serves the interest of the applicant as well as the residents impacted.
Ms. Young stated that under element E(1) language reads "five working days. She
questioned if under E(3) "60 days" meant 60 working days or calendar days. Mr. Youkilis
responded indicating the meaning was 60 calendar days.
Planning Board Meeting
Page 3 of 6
Ms. Beckman stated there is a remedy for these situations called civility. Anyone who
withdraws and application without considering the rights of other residents, should not
deserve special privileges. Under most circumstances the applicant or their attorney come
before the City Commission and ask for a deferral. Currently staff proposes the
implementation of an ordinance for bad and uncivil behavior, which becomes an insult to
the residents of South Miami.
Ms. Chael stated that because the City incurs cost one positive response that may come out
of this would be that some of the administrative costs would offset.
Mr. Youkilis stated the proposed ordinance was written to protect neighborhood residents
who come to a meeting and the developer requests a deferral, a deferral which is granted by
the City Commission. It is a trick played by developers and this ordinance will stop it.
Ms. Chael suggested that under E(1) strike "proper" and replace with written also strike
"within" and replace with "no later than" this is just for clarification. Under E (4) she
suggested adding at the beginning of the sentence "If application is approved for deferral,"
Ms. Beckman stated the surrounding neighbors should be notified immediately and not by
mail. She further added, the applicant should hold the burden to make the notification.
Mr. Youkilis recommended adding language indicating that staff will notify the
surrounding neighbors.
Mr. Perez advised that one reason staff does not make notifications via phone calls was due
to a lack of staff resources to call every resident. One tactic staff will implement will be a
phone call to a specific, most involved, surrounding neighbor, by himself, Mr. Youkilis, or
Ms. Resendiz. Ms. Beckman then stated that such language should be included in the
ordinance. Mr. Perez responded that it will be an office policy.
Mr. Davis questioned why there was no recording system where providing City updates
where people could call. It would be simple because many people are not computer savvy.
Having the ability to hear the City updates through a phone recording will sound more
personal.
Ms. Chael suggested placing a notice of public hearing with a yellow sign indicating the
item has been deferred where it is clearly visible. Staff replied that public notice posting is
currently a policy of the department.
Chairman Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
Cathy McCann 5820 SW 87 Street Oppose
Ms. McCann stated she applauds staff for attempting to correct a very unpleasant situation.
However, she believed staff was bending over backwards to assist the wrong group. Letter
Planning Board Meeting
Page 4 of 6
"D" was placed in the ordinance with a purpose therefore, one cannot assume a deferral
will be granted. A deferral is a privilege and not a right. If someone is requesting an
approval and it is open for public hearing, then that someone knows the date the public
hearing is scheduled for. Letter "D" states if an applicant does not follow through once a
public hearing has been published and the applicant does appear he /she may not come back
for a year or six months pending the vote of the Commission. It appears that with this
proposed ordinance staff is bending over backwards to help people do something which
they already have a right to do. If staff feels that someone does not know they have a right
for a deferral, then that language should be added to the ordinance. She stated the
department should be commended for stating the mail -outs could be completed within 12
hours however she doubts that because five working days for mailings are too short. She
finds nothing wrong with an applicant coming up and asking for a deferral. She does not
believe there has ever been a situation where someone has asked for a deferral and has
been denied the deferral. Through this ordinance, staff is making it easier for the
applicant.
Mr. Morton questioned if Ms. McCann was saying that in order to grant a deferral one
must be present at the day that one is scheduled for the public hearing. Ms. McCann
responded with an affirmative adding that it does not have to be the applicant but it could
be a representative of the applicant.
Ms. Young questioned Ms. McCann regarding the residents that are in the chambers. Ms.
McCann responded that residents have been physically present when a deferral has been
requested and a deferral has been for good reasons.
Mr. Youkilis advised that the Planning; Department was willing to do the extra work in
order to protect the residents.
Mr. Morton suggested it would be practical to ask, at the beginning of any meeting, if
anyone with an item on the agenda will be requesting a deferral.
Ms. Chael questioned Ms. McCann whether a sick person, if a legitimate reason was given,
could be a reason why the City Commission may agree to waive the fee. Ms. McCann
stated that it would be up to the Planning Board to make the decision on whether the
reason is legitimate or not.
Mr. Youkilis advised that the ordinance was written by professional planners and has been
reviewed by the City Attorney and the ]Mayor. They all agreed it was for the best interest
of the residents therefore staff recommends that the Planning Board approve the ordinance.
Chairman Morton closed the public hearing.
Mr. Morton stated that the request for the deferral by the applicant automatic given with a
fee; and E(4) indicates that at the public hearing there would have to be a formal action
taken by the Board to defer an application. If it is an automatic approval all that is being
done is making a record.
Planning Board Meeting
Page 5 of 6
Mr. Youkilis added it is granted however with penalties. If an applicant fails to give notice
five working days prior, they have the right to attend the scheduled meeting and request a
deferral. Thereafter, every interested party who was previously notified would be present
and it would be the Boards decision whether to grant deferral or not.
Mr. Morton asked, for clarification, if the applicant present at the scheduled meeting is
asking for a deferral and the Board grants the deferral, would the applicant be subject to
the 25% fee. Mr. Youkilis responded with and affirmative indicating the application
would be scheduled for a future public hearing consistent with E(3).
Mr. Morton suggested adding language; in order to clarify that if the applicant does not
request a deferral five working days prior and appears before the board at his /her scheduled
meeting the Board on its scheduled meeting may approve or deny deferral making the
applicant subject to the 25% fee. Mr. Youkilis advised that the last sentence under E(4)
stated that the application will be scheduled. for a future public hearing consistent with
Section 20 -5.6 (E)(3) and that E(5) references the 25% fee.
Motion: Ms. Beckman moved to defer the item under the observation that public scrutiny
is required. She added that the decision has been taken out of decision making process by
the City Commission and elected officials. She stated that the decision making has been
given to staff. There is too much room for interplay between staff and the applicants. She
will vote for the ordinance if it is changed to say that it must go to the Commission at the
time the application is due providing everyone with a fair voice. The motion failed to pass
for lack of a seconded.
Mr. Morton recommended changing the five working days on a prior notification or at the
hearing in order to have it as an alternative approach recognizing that the deferral can be
presented at the hearing itself but will all of the other penalties apply. He recommended
taking E(5) and make it a part of E(1).
Mr. Davis questioned if an applicant appears before the Board for an item and knows
he /she is deferring, is it protocol to announce their decision at the beginning of the meeting
or does the applicant sit and wait. Mr. Perez responded the applicant may approach staff,
staff then approaches the City Manager, she then approaches the City Attorney and he then
approaches the Mayor.
Mr. Morton suggested that the Board or the Commissionshould present a question, at the
beginning of the meeting, whether anyone is requesting a deferral.
Mr. Youkilis suggested redrafting the ordinance and place E(4 and5) in E(1) in order to
address the issue.
Mr. Morton recommended deleting the word "may be" from E(2) and adding "and after
City Commission.
Planning Board Meeting
Page 6 of 6
Mr. Davis questioned if it was feasible to implement a stiffer penalty for an applicant who
waits for an item to appear before the Board and requests a deferral at that time providing
the applicant pays 100% percent of the fee.
Ms. Chael questioned if an applicant at the hearing formally requests deferral would be
subject to the 25 %. Staff responded with an affirmative. She inquired if the Commission
would have the right to waive the fee should an act beyond an applicants control be faced
with a situation. Staff responded, it would be on a case by case situation and who would
determine what a valid or not valid reason constitutes. Staff did not recommend.
Ms. Young recommended changing five working days to seven working days in order to
allow staff with ample time, under E(1).
Ms. Chael agreed with Mr. Morton to pose question at the beginning of the Board meeting,
if anyone is requesting a deferral.
Motion: Ms. Young moved that notification to defer an application scheduled for public
hearing before the Planning Board and City Commission be approved with the
recommended editorial changes. Ms. Chael seconded.
• E(1), sentence (1) strike "proper" and replace with "written" strike "within" and
replace with "no later than"
• E (4), sentence (3), shall read "Ii' application is approved for deferral the application
will be scheduled for a future public hearing consistent with Section 20- 5.6(E)(3)."
• Redraft the ordinance and place E(4 and5) in E(1).
• E(2), strike "may be" and adding "and" after City Commission.
Vote: 5 Ayes 1 Nays (Ms. Beckman)
r � �
Sunrise School of Miami: 8795
SW 112th St., Miami.
305 - 274 -6562 or sunrises -
choolofmiami.com:
e Open registration for grades
pre -K through eighth grade
with education in the Waldorf
tradition.
" Accepting applications for
the 2007 -2008 school year.
e Curriculum includes Spanish,
music, art, movement and
practical arts.
Tamiami Child Development
Center: 860 SW 76th Ct.,
Miami. 305- 261 -4133:
e. Open Registration for
infants, preschool; Voluntary
Pre -K (VPK) and before- and
after- school care programs are
available.
e An APPLE and Gold Seal
accredited Center offering A
Beka and Creative Curriculum
to ready preschooler for kin-
dergarten:
e Open 7 a.m. to 6 p.m.
Temple Beth Am Day School:
5950 North Kendall Dr., Pine -
crest. 305 -665 -6228:
e Accepting applications for
the 2007 -2008 school year for
Jr. prenursery through fifth
grade, offering a nurturing and
challenging curriculum with
low teacher to student ratios.
e Call to schedule a tour.
The Thinking Child Learning
Center: 35 SW Sixth Ave.,
Miami. 786 -243 -2556:
e Registration is now open for
the.toddler program.
e The school offers CORE
knowledge preschool curricu-
lum, large outdoor playground.
Tropical Elementary: 4545 SW
104th Ave., South Miami -Dade.
305 - 221 -0284:
e Registration is open.
United Way Center for Excel-
lence in Early Education: 3250
SW Third Ave., Miami.
305- 646 -7472:
e Accepting Head Start and
Early Head Start applications
for children 6 weeks to 5 years
old. Expectant mothers may
also apply.
e Tuition is free for families
who meet the federal income
eligibility requirements.
e The program provides com-
munity -based services and
partnerships, comprehensive
child development services,
health, social and disability ser-
vices and parental involvement.
University Christian Children's
Center: 6750 Sunset Dr., South
Miami. 305 -661 -8584:
e Accredited by National
Association for the Education
of Young Children and serves
children 1 -4 years old with full -
and half -day programs.
Wayside Baptist Preschool:
7701 SW 98th St., Kendall.
305 - 595 -0570: -
e Registration is open for the
2007 -2008 school year for
children ages 3 'months
through kindergarten.
e Part -time hours are 8:45
a.m. -12:15 p.m. and full -time is
7:30 a.m. -6 p.m.
e Offers a loving, caring,
Christ- centered environment,
small classes, creative activi-
ties, outdoor play and reading
readiness.
Whispering Pines Elementary:
18929 SW 89th Rd., Cutler Bay.
305 - 238 -7382:
e Registration is open for the
2007 -2008 school year: 9
a.m: -T p.m. Monday through
Friday.
School Scene is compiled by
Jenny Garcia. Send items at
least lO days in advance to via
e -mail to schoolnews @Mia-
miHerald.com or mail them to
School Scene;% Neighbors,
7300 North Kendall Dr.,
Ste. 200, Miami, FL 33156,
lellr
COURTESY NOTICE
CITY OF 1; TH MIAMI FLORIDA
On Tuesday, August 7, 2007, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset
Drive, the City Commission will hold Public Hearings to consider the following items:
AN ORDINANCE AMENDING SECTION 20- 6.1(D) OF THE LAND DEVELOPMENT CODE IN ORDER TO INCREASE THE NUMBER OF
HISTORIC PRESERVATION BOARD MEMBERS FROM SEVEN TO NINE AND TO DESIGNATE THAT TWO MEMBERS OF THE
HISTORIC PRESERVATION BOARD SHALL BE REGISTERED ARCHITECTS.
AN ORDINANCE AMENDING SECTION 20 -4.4 OF THE LAND DEVELOPMENT CODE IN ORDER TO ADD A NEW SECTION 20-
4.4(L)(6) TO PROVIDE A PROCEDURE REQUIRING THE ISSUANCE OF A SPECIAL EVENTS PARKING PERMIT TO ALLOW 15 OR
MORE CARS TO BE PARKED DURING A SPECIAL EVENT IN RESIDENTIAL ZONING DISTRICTS. IN
[AN ORDINANCE AMENDING SECTION 20 -5.6 OF THE LAND DEVELOPMENT CODE IN ORDER TO PROVIDE A PROCEDURE FOR
THE DEFERRAL OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING.
AN ORDINANCE RELATING TO ALARM SYSTEMS; AMENDING SECTION 15 -4.7 ENTITLED "FALSE ALARM SERVICE CHARGES,
ENFORCEMENT AND REVOCATION PROVISIONS" BY EXEMPTING SENIOR CITIZENS FROM FALSE ALARM CHARGES.
AN ORDINANCE ADOPTING THE EVAULATION AND APPRAISAL REPORT (EAR) BASED TEXT AMENDMENTS TO THE SOUTH
MIAMI COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOWING
COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE; CONSERVATION;
RECREATION AND OPEN SPACE; INTERGOVERNMENTAL COORDINATION; AND CAPITAL IMPROVEMENTS; AUTHORIZING
TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR REVIEW.
A RESOLUTION IN RESPONSE TO A PETITION OF AN ABUTTING PROPERTY OWNER APPROVING THE VACATION AND
ABANDONMENT OF 187 FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF SW 68TH AVENUE LOCATED ON THE WEST SIDE
OF 6780 SW 69TH TERRACE MORE FULLY DESCRIBED IN A LEGAL DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROPERTY
OWNER PROVIDING FOR THE RECORDING OF ALL LEGAL DOCUMENTS NECESSARY FOR THE ABANDONMENT.
A RESOLUTION RELATING TO A WAIVER OF THE SECOND STORY CONSTRUCTION PROHIBITION IN ORDER TO ALLOW THE
CONSTRUCTION OF A NEW TWO -STORY SINGLE FAMILY RESIDENCE, LOCATED AT 7631 SW 59 AVENUE WITHIN AN RS -3
"LOW- DENSITY RESIDENTIAL ZONING DISTRICT," BASED UPON A FINDING THAT THE PROPOSED CONSTRUCTION WILL HAVE
NO NEGATIVE IMPACT ON ADJOINING PROPERTIES AND THE IMMEDIATE NEIGHBORHOOD.
If you have any inquiries on the above items please contact the City Clerk's office at: 305- 663 -6326.
ALL interested parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105; the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter 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.
15
r-
0
0
N
a.
N
}
J
d
0
Z
0
a
LU
W
x
a
E
LU
`o
z
E
0
a
v
x
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
SUPERVISOR, 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
CITY OF SOUTH MIAMI - NOTICE OF PUBLIC HEARING
AUGUST 7. 2007
in the XXXX Cowl,
was published in said newspaper in the issues of
07/27/2007
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 this advertise for publication in the said
newspaper.
Sworn to and subscribed before me this
A
27� Y - 2007 -
(SEAL) 41ARIA I. MESA
O.V. FERBEYRE personally kno _ NOTARY PUBLIC STATE OF FLORIDA Commission #DD2M55
Expires: MARCH 04, 2008
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings - at Its regular City
Commission meeting scheduled for Tuesday, August 7, 2007 beginning
at 7:30 p.m. in the City Commission Chambers, 6130 Sunset Drive, to
consider the following Rems:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING
SECTION 20- 6.1(D) OF THE LAND DEVELOPMENT CODE IN
ORDER TO INCREASE THE NUMBER OF HISTORIC
..PRESERVATION BOARD MEMBERS FROM SEVEN TO NINE
AND TO DESIGNATE. THAT TWO MEMBERS OF THE
HISTORIC PRESERVATION BOARD ..SHALL BE
REGISTERED ARCHITECTS; PROVIDING FOR SEVERABIU- -
TY, ORDINANCES IN CONFLICT, AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CUN COMMISSION
OF THE CITY OF S§UTH MIAMI, FLORIDA AMENDING
SECTION 20-4.4 OF THE LAND DEV OPMENT CODE IN
ORDER TO ADD A NEW SECTION Atk4A(L)(6) TO PROVIDE
A PROCEDURE REQUIRIN6 TH 4SSUANCE OF A SPECIAL
EVENTS PARKING PERMIT 'ALLOW 15 OR MORE CARS
TO BE P CIAL EVENT IN RESIDEN-
TIAL ZONING DISTRICTS, PROVIDING FOR SEVERABILITY,
ORDINANCES IN ONFLICT, \AND PROVIDING AN
EFFECTIVE DATE. ' AN ORDINANCE OF THE MAYOR AND CITY. COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING
SECTION 20 -5.6 OF THE LAND DEVELOPMENT CODE IN
ORDER TO PROVIDE A PROCEDURE FOR THE DEFERRAL
OF AN APPLICATION SCHEDULED FOR PUBLIC HEARING;
PROVIDING FOR SEVERABILITY, ORDINANCES IN
ONFLICT, ANDPROVIDING AN EFFECTIVE DATE. - - -
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
ALARM SYSTEMS; AMENDING SECTION 15.4.7 ENTITLED
'FALSE ALARM SERVICE CHARGES, ENFORCEMENT AND
REVOCATION PROVISIONS' BY EXEMPTING SENIOR
CITIZENS FROM FALSE ALARM CHARGES; PROVIDING
FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF SOUTH MIAMI, FLORIDA,
ADOPTING THE EVAULATION AND APPRAISAL REPORT
(EAR) BASED TEXT AMENDMENTS TO THE SOUTH MIAMI
COMPREHENSIVE PLAN; THE AMENDMENTS ARE TO THE
GOALS, OBJECTIVES, AND POLICIES FOR THE FOLLOW-
ING COMPREHENSIVE PLAN ELEMENTS: FUTURE LAND
USE; TRANSPORTATION; HOUSING; INFRASTRUCTURE;
CONSERVATION; RECREATION AND OPEN SPACE; INTER -'
GOVERNMENTAL COORDINATION; AND CAPITAL
IMPROVEMENTS; AUTHORIZING TRANSMITTAL TO
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR
REVIEW; PROVIDING FOR SEVERABILITY, ORDINANCES IN
CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
_ A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA IN RESPONSE TO
A PETITION OF AN `ABUTTING PROPERTY :OWNER
APPROVING THE VACATION AND ABANDONMENT OF 187
FEET OF UNIMPROVED RIGHT -OF -WAY PORTION OF SW
68TH AVENUE LOCATED ON THE WEST SIDE 'OF 6780 SW
GOTH TERRACE MORE FULLY DESCRIBED IN A LEGAL
DESCRIPTION SET FORTH HEREIN; SUBJECT TO PROP-
ERTY OWNER PROVIDING FOR THE RECORDING OF ALL
LEGAL DOCUMENTS NECESSARY FOR THE ABANDON -
MENT: PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY. OF SOUTH MIAMI; FLORIDA RELATING TO A
WAIVER OF THE SECOND. -STORY CONSTRUCTION
PROHIBITION IN ORDER TO ALLOW THE CONSTRUCTION
OF A NEW TWO- STORY.SINGLE FAMILY RESIDENCE,
LOCATED AT 7631 SW 59 AVENUE. WITHIN AN RS-3 'LOW-
DENSITY RESIDENTIAL ZONING DISTRICT; BASED UPON
A FINDING THAT THE PROPOSED CONSTRUCTION WILL
HAVE NO NEGATIVE IMPACT ON ADJOINING PROPERTIES
AND THE IMMEDIATE NEIGHBORHOOD; PROVIDING FOR
AN EFFECTIVE DATE. _ If you have any inquiries on the above items please contact the City
Clerk's office at 305 - 663 -6340
ALL interested'parties are invited to attend and will be heard.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that 9 a person decides to appeal any decision made by this
Board,. Agency or Commission with respect to any matter considered at
Its meeting or hearing, he or she will. need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a'
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to be based. -
7/27 - - - 07- 3- 721866969M