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Res. No. 121-04-11900RESOLUTION NO.121-04-11900 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,RELATING TO A REQUEST PURSUANT TO SECTION 20-3.3(D)OFTHELANDDEVELOPMENT CODE FORASPECIALUSE APPROVAL TO LOCATE A PHOTOGRAPHIC STUDIO IN THE "MO" MEDIUM-INTENSITY OFFICE ZONING USE DISTRICT SPECIFICALLY LOCATED AT 7090 SW 59th PLACE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS,Lewis Feldman hassubmittedanapplicationforaspecialuseapprovaltoallowa photo studio to locate inthe "MO"Medium -Intensity Office zoning district specifically located at 7090SW 59th Place;and WHEREAS,a photographic studiois allowed asa special useinthe"MO"Medium -Intensity Officedistrictsubjecttomeetinggeneral conditions specified inLDCSection20-5.8;and WHEREAS,the approval ofa special use requires a recommendation from the Planning Board andthe approval oftheCity Commission aftera public hearing;and WHEREAS,onJuly 13,2004the Planning Board,afterpublic hearing,voted5ayes,0nays and1 recuse to recommend approval with conditions ofthe special use request;and WHEREAS,the Mayor andCity Commission oftheCityof South Miami desire to accept the recommendation of the Planning Board. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR ANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section 1:That an application for special use to allow a photographic studio in the "MO"Medium - Intensity Office zoning district specifically located at 7090 SW 59th Place is hereby approved subject to thefollowing conditions: (1)The applicant shall provide a revised site plan showing the actual dimensions of parking spaces and driveways prior tothe application being forwarded totheCity Commission; (2)The parking lotistobe re-striped in accordance with the revised site plan; (3)Ifthe subject useis,inthe future,determined bythe Director of Planning ,tobe adversely affecting the health or safety of persons residing or working inthe vicinity ofthe proposed use,tobedetrimentaltothepublicwelfareorpropertyorimprovementsintheneighborhood, ortobenotincompliancewithotherapplicableCodeprovisions,thespecialuseapproval may be modified or revoked bythe City Commission upon notification and public hearing. Res.No.121-04-11900 (2) Section2:Thisresolutionshallbeeffectiveimmediatelyaftertheadoptionhereof. PASSED AND ADOPTED this ^]_day of JulY 2004 ATTEST: tTfY CLERK fl READ AN OVED AS TO FORM: APPROVED- mM'OR/Q ^ Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts-Cooper: Commissioner Sherar: 5-0 Yea Yea Yea Yea Yea E:\Comm Items\2004Y7-20-O4\Special UseRest5850SunsetResol.doc -r To:Honorable Mayor,Vice Mayor & Commission Members From:Maria Davis City Manager &JUIS South Miami AU-AmericaClty 2001 Date:July 27,2004 rUse Api ITEM No. Re:Specia Approval 7090 SW 59thPlace Photo Studio RESOLUTION A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OFSOUTH MIAMI,RELATING TOA REQUEST PURSUANT TO SECTION 20-3.3(D)OF THE LAND DEVELOPMENT CODEFORASPECIALUSE APPROVAL TO LOCATE A PHOTOGRAPHICSTUDIOINTHE"MO"MEDIUM-INTENSITYOFFICEZONINGUSE DISTRICT SPECIFICALLY LOCATED AT 7090 SW 59th PLACE AND PROVIDING FOR AN EFFECTIVE DATE APPLICANT'S REQUEST: Pursuant to section 20-3.4(A)of the Land Development Code (LDC)the applicant,Lewis Feldman is requesting a Special Use Approval to operate a photo studio at the above referenced location.The proposed use is located in the "MO"Medium Intensity Office Zoning Use District.A photographic studio is permitted with Special Use Approval.The proposed use must meet the requirements for special uses contained under Section 20-5.8 Special Use Approval ofthe LDC. STAFF ANALYSIS: The applicant is requesting a special use permit to use the north half (1200 sq.ft.)ofa one story building (2922 sq.ft.)at 7090 SW 59th Place for a photographic studio.The other half of the building is occupied by a non-conforming pool sales and service business. The site faces a5 story office building on the south (TODD-MU-5),a one story office building to the north (MO),and the Metro Rail station garage to the east (PI).A four story hotel is located to the west. (MO). Atotal of 10 parking spaces are required for both uses in the building.The applicant's submitted site plan appears to show 12 spaces provided for both uses.The submitted site plan must be revised in order to show specific dimensions for each space and the parking area should be re-striped. SPECIAL CONDITIONS APPLICABLE: The LDC provides that special uses must be approved by the City Commission after a public hearing and receipt ofa recommendation from the Planning Board.The overall purpose is to determine the compatibility of the proposed use with the surrounding neighborhood.A special use must comply with theconditionssetforthinSection 20-5.8(B)inthattheuse: Special use approval July27,2004 Page2 of2 a)Will not adversely affect the health or safety ofpersons residing or working in the vicinity of the proposed use, b)Will not be detrimental to the public welfare or property or improvements in the neighborhood;and, (c)Complies with all other applicable Code provisions. STAFFRECOMMENDATION |h The placement ofa retail/service use at this location is compatible with current uses on SW 59 Place and the requested use complies with the LDC requirements set forth for special uses in Section 20-5.8. Approval ofthe application with the following conditions is recommended: (1)The applicant shall provide a revised site plan showing the actual dimensions of parking spaces and driveways prior to the application being forwarded to the City Commission; (2)The parking lot is to be re-striped in accordance with the revised site plan; (3)If the subject use is,in the future,determined by the Director of Planning ,to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use,to be detrimental to the public welfare or property or improvements in the neighborhood, orto be not in compliance with other applicable Code provisions,the special use approval may be modified or revoked by the City Commission upon notification and public hearing. PLANNING BOARD ACTION The Planning Board at its July 13,2004 meeting adopted a motion by a5 aye 0 nay 1 recuse (Mr. Morton)vote to approve the special use request subject to the above conditions recommended by staff. RECOMMENDATION Approval ofthe application with the following conditions is recommended: (1)The applicant shall provide a revised site plan showing the actual dimensions of parking spaces and driveways prior to the application being forwarded to the City Commission; (2)The parking lot is to be re-striped in accordance with the revised site plan; (3)If the subject use is,in the future,determined by the Director of Planning,to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use,to be detrimental to the public welfare or property or improvements in the neighborhood,orto be not in compliance with other applicable Code provisions,the special use approval may be modified or revoked bythe City Commission upon notification and public hearing. Attachments: Draftresolution Application Location Map Letter ofIntent /Justification Survey Floor Plan Planning Board Minutes Excerpt 7-13-04 Copies ofPublic notices MD/DOD/S4YE:\Commltems\2004\7-27-04\PhotoStudio 7090 SW59 PI .doc <XOXL_ MIAMI DAILY BUSINESS REVIEW PublishedDaily except Saturday,Sunday and LegalHolidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforethe undersigned authoritypersonally appeared O.V.FERBEYRE,whoon oath-says that heor she is the SUPERVISOR,LegalNoticesoftheMiamiDaiiy Business Reviewf/k/aMiamiReview,adaily (except Saturday,Sunday and Legal Holidays)newspaper,published at Miami in Miami-Dade County,Florida;thattheattachedcopyofadvertisement, being a Legal Advertisement of Notice inthematterof CITYOFSOUTH MIAMI -PUBLIC HEARINGS -JULY27,2004 RESOLUTION REQUESTFORA VARIANCE SECTION20-3.6(B)(7),ETC. in the XXXX Court, was published insaidnewspaperintheissuesof 07/15/2004 Affiant furthersaysthatthesaid Miami Daily Business Reviewisanewspaperpublishedat Miami insaid Miami-Dade County,Florida andthatthesaidnewspaperhas heretoforebeencontinuouslypublishedin said Miami-DadeCounty, Florida,eachday(exceptSaturday,SundayandLegal Holidays) and has been entered as second class mail matter at the post officeinMiamiin said Miami-Dade County,Florida,fora period ofoneyearnext preceding the first publication ofthe attachedcopyofadvertisement;andaffiantfurthersaysthatheor shehasneitherpaidnorpromisedanyperson,firm orcorporation any discount,rebate,commission or refund forthepurpose of securing this^dvertiserpefrtio^publication inthesaid newspaper. #/&6LZ/4* Sworn to and subscri •^IJ^ViZaw^i-'Zz. CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE is HEREBY given thatthe City Commission ofthe City of South Miami,Florida will conductPublicHearings during-its regular City Commission meeting onTuesday,July27,2004 beginning at7:30 p.m., in the City Commission Chambers,6130 Sunset Drive.,to consider the following describedresolution(s). ARESOLUTIONOF.THE MAYOR &CITYCOMMISSION OF ; .THECITYOFSOUTH MIAMI,FLORIDA,RELATINGTO A RE- ,'•QUESTFORA VARIANCE FROMSECTION 20-3.6 (B)(7)OF THELAND DEVELOPMENT CODETO ALLOW THEAIR . CONDITIONINGEQUIPMENT SETBACK (WEST SIDE)TOBE 2.5FEETFROM THE PROPERTY LINE WHERE AMINIMUM OF5FEET IS REQUIRED ON PROPERTY WITHINAN "RS-3" SINGLE-FAMILY RESIDENTIAL USEDISTRICT,LOCATED AT8280 SW 59AVE.,SOUTH MIAMI,FLORIDA,ANDLEGAL LY DESCRIBED AS LOTS 29,30,BLOCK4,"SEAVIEW PARK AMENDED SUBDIVISION"PLAT BOOK 17,PAGE 80;AND PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OFTHE MAYOR ANDCITYCOMMISSION OF THE CITY OF SOUTH MIAMI,RELATING TOA REQUEST PURSUANTTOSECTION 20-3.3 (D)OFTHELAND DEVEL OPMENT CODEFORA SPECIAL USE APPROVAL TO LOCATE A PHOTOGRAPHIC STUDIO IN THE"MO"MEDIUM- INTENSITY OFFICEZONINGUSEDISTRICT SPECIFICALLY LOCATED AT 7090 SW 59th PLACE AND PROVIDING FOR AN EFFECTIVE DATE.•• iquiries concerning thisitemshouldbe directed tothe Building,Zoning &CommunityDevelopmentDepartmentat:663-6326." ALL interestedpartiesare invited toattendand will beheard. iviana ivi.ivienenuez -; City Clerk '. ",CityofSouthMiami Pursuant toFlorida Statutes 286.0105,theCityhereby advises thepub licthat if apersondecidestoappealany decision madebythis Board, Agency or Commission with respect tc-any matterconsidered atits meet-; ingor hearing,heorshe will needa record ofthe proceedings,andthat for suchpurpose,affectedpersonmayneedtoensurethata verbatim record oftheproceedingsismade which record includes the testimony and evh denceupon which theappealistobebased. 7/15 ;,;,'v-';-04-&37/472782M CityofSouthMiami PB-04-009SpecialUseApproval 7090 SW 59 Place 300 —L_ 600 Feet 900 1,200 1,500 —I Cityof South Miami Planning &Zoning Department City Hall,6130 Sunset Drive,South Miami,Florida 33143 Telephone:(305)663-6326;Fax:(305)666-4591 Application For Public Hearing Before Planning Board &City Commission 10 Address of Subject Property:"?£$#^fld-S^VChc£-Lot(s). Meets &Bounds:MlkHAl J^jgVg^23 M-3. 'Phone: Block Subdivision 30^-b(,l-l&&£ £y Applicant:^^fM^1 Representative:Organization:^^^^^ZjS^T^-^ Address:(££&V&itfMi,fa&&k&*'_U**>.»;Ph0ne:"20<(U>L?h Ak£\ Property Owner:^{^^Tf^^p^e£^ Mailing Address:^^-._ Signature: Phone: 3t>C/5ft€'Ml* Architect/Engineer:Phone: AS THE APPLICANT,PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative Contract to purchase Option to purchase ^Tenant/Lesseei/Te APPLICATIONISHEREBYMADE FOR THE FOLLOWING: PLEASECHECKTHE APPROPRIATE ITEM: _Text Amendment to LDC Variance _Zoning Map Amendment /^Special Use _PUD Approval _Special Exception PUD Major Change Other Briefly explain application andcite specific Code sections: Section:Subsection:Page #:Amended Date: SUBMITTED MATERIALS PLEASE CHECK ALL THAT APPLY: Letter ofintent Justifications for change Statement of hardship Proof of ownership or letter fromowner Power of attorney Contract to purchase Current survey (1 original sealed and signed/1 reduced copy @ 11"x17") 15 copies ofSitePlan and Floor Plans 1 reduced copy @11"x 17" 20%Property owner signatures Mailing labels (3 sets)and map Required Fee(s) /The/undersigned has read this completed application and represents that the infonnation and all submitted materials are true and correct to/the bestdfithe applicant'sknowledgeandbelief. 'I Lhl_c4 Applicant's Signature-and title Upon receipt,applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations.Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Petition Required Method of Payment. 8/2/00 Date ofPB Hearing, Petition Accepted Date Date of Commission MS June 7,2004 PlanningandZoning Department City of South Miami 6130 Sunset Drive Miami,Florida 33143 RE:Letter of Intent Dear Planning Board Members, FineArts Photographers issubmittingaspecial use applicationto occupy the premises at 7080 SW 59Place,South Miami,Florida 33143,fora photographic studio.^o Fine Arts Photographers have operated in Dade County since 1950.We are a full service photographic digital studiothatprovides services for families,highschool seniors,corporations,and organizations with business related photographic needs. Forthe past forty-four years we have operated in close proximitytoour requested location.From 1960 to 1993 we were at the Riviera Theatre Center and from 1993- 2004 we have operated at 1556 Venera Avenue,Coral Gables,Florida across form the Shops of Sunset Place.We have a generational cliental from the South Miami and Coral Gables area.We would liketo continue serving our customers and make new ones at the requested location. Lewis Feldman President Fine Arts Studios,Inc. FINE ARTS STUDIOS,INC. 1556VENERAAVENUECORALGABLESFLORIDA 33146 305-661-1685 www.fineartsphotographers.com Pi-M ^f=-^il\L\!£X #^ILfe 1 £,£&'(")?.\.iT/y. Mfcp. MS 111 '® ~J !•* ^1 F^vqiity ^p^*?(7 pi-Zl h.lr In 7 V /ft H>... o t.c J ^*--•'• Alls? CUE MVP-Y »i « L.F.t'L^fi^ xi <?•>4.*0 vWSf-V •>.'..-.j......••»—..,'.f.".''»»:f ''''J i J i m •1"'"• t.B. N C \A/\7 |*T rTnrr 4&M~\c--c*c> W 0 .IV nl^" .I* 0 a ;ro-, m •i <c- 3 „.,cone W4£ -I—si 7 i iU \J ^j LI O:*i *) V) ..^.__A r'ji-oPc.p" ;*?.» 71 4^^ri^M-n^p- ~~3<>h>l~%\%l&o JOB NO.:2004-10-38 DftTE:May 8,2004 REVISED:May 18f 2004 •LEGAL DESCRIPTION: The South 110 feet of Tract 1 of AMENDED PLAT OF OTMERCIAL LARKLNS, according**©the-'Plat,thereof as recorded int.Plat Book38 at.Page 5 ofi the Public llecqrds of Miami-Dade County,Florida. LEGEM) CL a clear 0/S c OFFSET ENC.=ENCROACH F.N.s FC0ND NAIL EL.=ELAKER (M)=MEXS0RED (C)a CCMPUIaU $.=CENTER IONS B b BASE LINE 5HK.S SHE5CVLK w.v.a wwcst vjcve W.M.a HATER KE2SI E.H-o TTJFETRICaL MEIER 4 =EHDESRrr line asperLegal Des=. C.L.F.«=CHAIN LINK FENCE M =OK JEROMEOT LINE O.E.U.C.=OVERHSflD DEILErr CABLE A/C =A3B CCRDEECKER R/W =RIGHTOF HAT K.T.S.c-NOTTOSCALE W.?.»WOODEN PENCE F-I.P.O FOUND 1/2"IRONFIFE .S.I.P.o SET 1/2"IRON PIPS *" S.N.D.a SETNAIL AND DISC K.H.s KANHXE C.B.o OUCH BASIN U.E.D PTTT.TTy EASEMENT I (L.Di)«iS PER LEGAL EESCHIrTXCN CEAXT.e CHAiraBCCCaEE (P)«AS PES wm-i m^p pj^tj. PJ).H.b KDRD DRILLBOLE CJJ.S.a CONCRETC BLOCK S'lMJLTUHK L.F.EL,-ICKEST FLOOR ELEYAHDN P.C.P.-PERHAHEKT CONTROL KENT P.R.M.=PERMANENT REFERENCE MCRDMEST .R.G.V.D.=NATIONAL QSDGRAPHICAL DJCTM /\"CENTRAL ANGLE R.a RADIOS T.n TANGENT a.s arc distance:' CH.=C33RD DISTANCE P.C.3 POINT Cf CDRVKTORE P.T.o POINr OF TANSENCY M-D.C.B.M.=MIAMI-DADE COUNTY BENCH *RJS PropertyStreetAddress: 7090 S.W.59th.Place, unincorporated Areas of Miami-Dade County, Florida. ThisSurveyisCertifiedto: Robert Spiegel and William Spiegel. SURVEYOR'S NOTE: A portion of the parking area of this building is located in the 10 Ft.ALLEY (not a part of this property as per LEGAL DESCRIPTION),adjacent and parallel with the Westerly boundary line of TRACT 1. FLOOD INFORMATION:FLOOD 2QN£-AH (91 )fLDOD INSURANCE RATS MAP"120635-0260 J(7/17/.1995T KEES:T.-2£is is a ^.iiiiV'y Scrvey 2.-ileyat±a2s sbao ?tss($$z 3.-Jtot'valid yiSscat the sicaatnre aad tie pr-^TyT raised seal 4.-2ds Survey does rot reflect,oc oeteradae rr^^u^ !*-»BM_o«aBafcSp assaaed a=ordirg to tbe positisa of its eleneits,(unless otherwise noted) "to N.G.VJ3e=aB (1525) of a Flcciaa 7/reused Surveyor 2rc m^-ij^v 6,-North Arrow shown is as per Plat Book 38,'Page 5,Public Records Miand-Dade County. ^f^^Ll^^^rT^««l*»«aesl mw»er my tttrecilon;also tluc tftext *re no:«bovt-proun<S enaMStmenu otoc:than tho»e .^#^L~- ALBERT DARTHELmY,P.S.M Professional Surveyor &Ha Jtegisfcration NO.2263 STATE OF FLORIDA. 2 ippet A-1 SURVEYORS AND M?tP?E?.S OaP. 12735 S.W.34th.St. Miami,Florida 33175 Ph..:305-221-3663 Fax.305-221-6317 Beeocr 305^880-6016 •'••••ffR-w'J.-'v'•.'•'*".• .rj-f^-i'r Ate v .^>wAU.o«£Wi^ --••--^7.&>f •J) 3 o.^te. */*A/z*Ltt/<!r spaces.z /SS.<£z.53 LA—=.,1 U f /9*s' 4"?2>e»» o / / s **.&o' «r . —/ 3 2>.9o' ,«.2-<.*. 4o.Go' & yVfflf*p^^Q-*»°J,«s I '•~^"g*/>•>* •^"^> it "F 37>S *6ptULr r^nna/Jr CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday,July 13,2004 City Commission Chambers 7:30 P.M. EXCERPT I.Call to Order and the Pledge of Allegiance to the Flag Action:The meeting was called toorderat7:47P.M. Action:ThePledge of Allegiancewasrecitedinunison. II.Roll Call. Action:Mr.Morton,Chairperson,requestedarollcall. Board members present constituting a quorum:Mr.Morton,Ms.Yates,Ms.Gibson,Mr. Comendeiro,Mr.Liddy,and Mr.Illas. Board members absent:Mr.Mann. City staff present:Don O'Donniley (Planning Director),Sanford A.Youkilis (Planning Consultant),Gremaf Reyes (Video Support),and Patricia E.Lauderaian (Planning Board Secretary). IV.PlanningBoardApplication/PublicHearings PB-04-009 Applicant:LewisFeldman Location:7090SW 59th Place Request:A RESOLUTION OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,RELATING TO A REQUEST PURSUANT TO SECTION 20-3.3(D) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A PHOTOGRAPHIC STUDIO IN THE "MO"MEDIUM-INTENSITY OFFICE ZONINGUSE DISTRICT SPECIFICALLY LOCATED AT 7090SW 59th PLACE AND PROVIDING FOR AN EFFECTIVE DATE. Note:Chairman Morton informed the Board and staff that he would recluse himself Planning Board Meeting July13,2004 Page 2 of6 fromthisitem because hemayhavea potential professional involvement with this project in the future.He turned the gavel over to Board Vice-chair,Mr.Illas. Action:Mr.Liddy read the item intothe record and Mr.O'Donniley presented the staff report.He explained that pursuant to Section 20-3.4(A)of the Land Development Code (LDC)the applicant is requesting a Special Use Approval to operate a photo studio at 7090 SW 59th Place.The proposed use is located in the "MO"Medium Intensity Office Zoning Use District.A photographic studio is permitted with Special Use Approval.The proposed use must meet the requirements for special uses contained under Section 20-5.8 Special Use Approval of theLDC.The applicant willbe occupying the north half (1200 sq.ft.)of a one-story building (2922sq.ft.)attheabove referenced location fora photographic studio.The other half (front)of the building is occupied bya non-conforming pool sales and service business.Mr O'Donniley added that the site faces a5 story office building on the south (TODD-MU-5),a one story office building to the north (MO),and the Metro Rail station garage tothe east (PI).A four-story hotelis located to the west (MO).He further stated that a total of 10 parking spaces are required for both uses in the building.The applicant's submitted site plan appearstoindicate12spaces.The submitted site plan must be revised in order to show specific dimensions for each space and the parking area should be re-striped.Finally,Mr.O'Donniley indicatedthathe recommends approval of the application with the following conditions: 1)The applicant shall provide a revised site plan showing the actual dimensions of parking spaces and driveways prior tothe application being forwarded tothe City Commission; 2)The parking lotistobe re-striped in accordance withthe revised siteplan; 3)If the subject useis,inthefuture,determined bythe Director of Planning,tobe adversely affecting the health or safety of persons residing or working inthe vicinity of the proposed use,tobe detrimental tothe public welfare or property or improvements inthe neighborhood,ortobe not in compliance with other applicable Code provisions,the special use approval may be modified or revoked bythe City Commission upon notification and public hearing. At this point,Mr.Morton opened the public hearing. The Board,applicant,and staff discussed the request.Board member Mr.Liddy asked Mr. Feldman how heavy is their trafficloadonadaily basis?Mr.Feldman responded daily they have about 10 customers come into their studio.In addition,the only deliveries they received were from theU.S.Postal Service andUPS.Ms.Gibson inquired about there- striping of the parking spaces because it appeared tohertobe quite small.Mr.Spiegel said thathewouldbe willing to re-stripe andthatitwillbe shown ona revised siteplan. Applicant:Lewis Feldman (President of Fine Arts Studio,Inc) Robert Spiegel (Owner of property) Motion:Ms.Gibson moved forapprovalwiththe following conditions as recommended bystaff: (1)The applicant shall provide arevisedsite plan showing the actual dimensions of Planning Board Meeting Julyl3,2004 Page3 of6 parkingspacesanddrivewayspriortotheapplicationbeingforwardedtothe City Commission; (2)Theparkinglotistobe re-striped in accordance withtherevisedsite plan; (2)If thesubjectuseis,inthe future,determined bythe Director of Planning ,tobe adverselyaffectingthe health orsafety of persons residing orworkinginthe vicinity of the proposed use,tobe detrimental tothepublicwelfareor property or improvements inthe neighborhood,ortobenotincompliancewithother applicableCodeprovisions,thespecialuseapprovalmaybe modified or revokedbytheCityCommissionuponnotificationandpublic hearing. Mr.Illassecondedthemotion.Themotionwasapprovedbythefollowingvote: 5 Ayes 0 Nay 1 Recluse (not-voting)(Mr.Morton) E:\Comm Items\2004\7-27-04\Excerpt Mins 709059PI7-13-04.doc