Ord No 29-16-2262ORDINANCE NO. 29-16-2262
An Ordinance amending the Land Development Code, Article III, Sections 20-
3.4 of the City of South Miami's Land Development Code ("LDC") to add
conditions to protect the health, safety and welfare of residential districts and
change the requirements for the special use approval of fraternal organizations
and private clubs and amend their parking requirements in section 20-3.3 of the
LDC.
WHEREAS, the Special Use Approval process does not provide adequate protection for
the general welfare of the residential districts in the City; and
WHEREAS, the requirements for Special Use Approval of fraternal organizations and
private clubs required an arbitrary distance between such uses and residentially zoned districts;
and
WHEREAS, the Planning Board reviewed this proposed ordinance on October 11,2016.
A motion to recommend denial failed by a vote of 2 -3. A second motion to recommend approval was
passed with a vote of 3 -2.
WHEREAS, the Mayor and City Commission desire to amend Article III, Section 20-3.4
of the City of South Miami's Land Development Code to add conditions to protect the health,
safety and welfare of residential districts and change the requirements for fraternal organizations
and private clubs to provide more control over their effects on those residential districts.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Article III, Section 20-3.4 of the City of South Miami's Land
Development Code is hereby amended and shall read as follows:
20-3.4 -Special use conditions. ~,
Any of the following special uses may be approved and permitted by the Ceity
Ceommission at a public hearing, after a recommendation by the ;eplanning Beoard,
provided that such use is specifically listed as a permitted special use in the appropriate
district column in the Permitted Use Schedule (Section 20-3.3D), and that such use
complies with the following general and special requirements, as well as ami any other
conditions that the Ceity Ceommission may consider appropriate and necessary:
(A) General Requirements.
(1) All such uses shall comply with all requirements established in the appropriate
zoning use district, unless additional or more restrictive requirements are set forth below or
by the Ceity Ceommission.
(2) All such uses shall be determined to be of a compatible and complementary nature
with any existing .. er-planned or anticipated surrounding uses.
(3) A public hearing shall be held by the Ceity Ceommission to determine the overall
compatibility of the use with the surrounding neighborhood.
Pg. 2 of OEd. No. 29-16-2262
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(4) If a special use is, in the future, determined by the Director of the Planning and
Zoning Department or the City Commission, to be adversely affecting the health .. er--safety
or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the
proposed use, or otherwise to be detrimental to the public welfare or property or
improvements in the surrounding neighborhood, or to be not in compliance with any other
applicable Code provisions, the special use approval may be modified, with conditions of
approval revised or added to alleviate such adverse effect, or revoked by the City
Commission upon notification and public hearing.
(B) Special Requirements.
* * *
(2) FRATERNAL ORGANIZATION OR PRIVATE CLUB
(a) All such uses shall be located on a site of not less than one (1) net acre in area.
(b) No structure shall be located less than one hundred (100) feet from any adjacent
residential district. The activities, uses and structures located on the property shall be
ade uatel screened and! or buffered from residentiall zoned districts asxeeo··· ....... "7 b
the'Bl~i;aild··,unmDirectoror·as·· re···llired.· b·.tbeCi ·.CoIll1'flisSiHitt ;an·
noise;·etII~ii.ngfromtheprop¢ityand limit·. the vision· oftbe. Struct"tireaiidact1vltYstakmg
plaee:~:rJ.tllepropeit:fi
(c) No vehicular ingress nor egress shall be permitted along streets and rights-of-way
bordering ~ residentiallY zoninged districts in the City of South Miami.
* * *
Section 2. Article III, Section 20-3.3 (D) of the City of South Miami's Land
Development Code is hereby amended and shall read as follows:
SECTION 20-3.3(D)
PERMITTED USE SCHEDULE
P I -I i -, PERMITTED BY RIGHT
S 1_ i PERMITTED AS SPECIAL USE I -I
I I
COND 1=1 SPECIAL USE CONDITIONS (See Section 20-3.4)
PARK I = I PARKING REQUIREMENTS (See Section 20-4.4(B))
X 1-No conditions were adopted 1-
!
1
i ZONING DISTRICT
I LIR I IT IT ITIT I M I
T C P
USE TYPE IR R R R R R R RIM R L M N S IG U 1 0 1 0 10 0 0 P P 0 A
IS S S S S T!T M! 2 010 0 I I D 1D1D1D D H I R R NI R 11 2/314151619 1 I 4 J RIRIRIA 0101010 D
DI I ! IH I I K
I I I i 8 1 I 1 I
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Pg. 3 of Ord. No. 29-16-2262
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4 5 14
i 'I t Ii Early childhood child care, Pre-K, Pre-
School ipp!plp; ilpp
iii j I! .----------------------------+~HHHH_4_+~~~+_++~,~~J-4I-+-+~'-r~+-+---~
Fraternal Organization or Private .Club i P ! 1 i P PiP is! !! S . 121 :'.2 I
***
Section 3. Codification. The provisions of this ordinance shall become and be made
part of the Land Development Code of the City of South Miami as amended.
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance
is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines
adopted hereunder.
Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 1 st day of November ,2016.
YCLERK
1st Reading: 10/5/16
2nd Reading -11 / 1 / 1 6
APPROVED:
i1ilK{;jd.~
A¥' R
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Liebman: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
To:
Cc:
From:
Date:
SUBJECT:
" CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
The Honorable Mayor and Members of the City Commission
Steven Alexander, City Manager
Jane Tompkins, Planning and Zoning Director
Thomas F. Pepe, City Attorney
November 1, 2016 ITEM No. __ 13-=c....-.._
An Ordinance ame~ding Article III, Sections 20-3.4 of the City of South
Miami's Land "Development Code to add conditions to protect the health,
safety and welfare of residential districts and change the requirements for the
special use approval of fraternal organizations and private clubs and amend
their parking requirements in section 20-3.3 of the LDC. I
FACTUAL BACKGOUND:
The City's Planning and Zoning Department has provided the following
information:
The South Miami/Coral Gables Elks Lodge #1676 ("Elks Lodge") has
operated at 6304 SW 78 th Street, which is zoned "PI" (PubliclInstitutional), for
decades. Their use of the property predates the 1998 ordinance that adopted
Special Use provisions in the Land Development Code (LDC) for fraternal
organizations in the PI district and the Elks Lodge do~s not comply with the
Page 1 of6
Special Use provisions of the LDC. Since the Elks Lodge does not comply with
the Special Use provisions of the LDC, the Lodge is considered a legal non-
conforming use. An application was filed in 1998 to obtain the Speci(ll Use
approval, but the City Commission did not take action on the application.
Earlier this year, the Lodge obtained a building permit to develop two (2)
soccer fields near the southwest comer of the property. The permits were
approved because it was believed at the time that the Lodge was a legally
conforming use. The City subsequently realized that the property was legal non-
conforming. Commissioner Harris requested that the special use approval
requirements of the LDC be reexamined to determine whether all of the current
requirements were necessary to adequately protect the health, safety and welfare of
the community and whether they could be improved to provide the City with
greater control over the activities of Fraternal organizations and private clubs and
to allow them to exist as legally conforming uses.
ANALYSIS:
The definition of fraternal organization or private club and the LDC provisions
regarding special uses, and specific conditions for fraternal organizations or
private clubs are included below:
20-2.3 Definitions ..
* * *
Fraternal organization or private club. An organization or association of
persons for some common purpose, such as but not limited to a fraternal,
social, educational or recreational purpose, but not including clubs organized
primarily for profit or to render a service which is customarily carried on as
a business. Such organizations and associations must be incorporated under
the Laws of Florida as a non-profit corporation or organization and such
corporation or organization's major purpose shall not be for the purpose of
serving alcoholic beverages to its members or others.
* * *
The requirements to obtain a Special Use approval are as follows:
20-3.4 Special use conditions.
Any of the following special uses may be approved and permitted by the
city commission at a public hearing, after a recommendation by the
planning board, provided that such use is specifically listed as a permitted
special use in the appropriate district column in the Permitted Use Schedule
(Section20-3.3D), and that such use complies with the following general
and special requirements and any other conditions that the city
commission may consider appropriate and necessary:
(A) General Requirements.
Page 2 of6
(1) All such uses shall comply with all requirements established in
the appropriate zoning use district, unless additional or more
restrictive requirements are set forth below or by the city
commlSSlon.
(2) All such uses shall be determined to be of a compatible and
complementary nature with any existing or planned surrounding
uses.
(3) A public hearing shall be held by the city commission to
determine the overall compatibility of the use with the
surrounding neighborhood.
( 4) If a special 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, or to 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.
(B) Special Requirements.
* * *
(2) FRATERNAL ORGANIZATION OR PRIVATE CLUB
(a) All such uses shall be located on a site of not less than one (1)
net acre in area.
(b) No structure shall be located less than one hundred (100) feet
from any adjacent residential district.
(c) No vehicular ingress nor egress shall be permitted along streets
and rights-of-way bordering residential zoning districts in the City of
South Miami.
* * *
20-5.8 Special use approvals.
* * *
B. Required Conditions.
(1) Prior to approving a special use, the city commission shall find
that such use meets the conditional requirements set forth in Section
20-3.4 and that it:
(a) Will not adversely affect the health or safety of persons
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.
Page 3 of6
(2) Additional Conditions. The city commission may designate such
additional conditions in connection with a special use as will, in its
opinion, assure that such use will conform to the foregoing
requirements.
* * *
PARKING SPACE ANALYSIS
This analysis begins with the permitted use schedule, section 20-3.3
(D). In the initial legend of the schedule it defines the word "PARK"
as found in the schedule's headings to be defined as a reference to
"P ARKING REQillREMENTS (See 20-4.4 and 20-4.4(B))
In the schedule for PUBLIC AND INSTITUTIONAL USES on the
line for Fraternal Organizations and Private Clubs and under the last
column in the schedule labeled "PARK" is the number 7 which
corresponds to Section 20-4:4 (B) (7).
Section 20-4.4
* * *
(B)Space Requirements. The minimum number of off-street parking
spaces required for each pennitt~d or special use shall be as set forth
below and referenced in Section20-3.3D. Where fractional spaces
result, the number of spaces required shall be the next highest whole
number.
(1) Two (2) spaces per dwelling unit.
(2) Two (2) spaces per dwelling unit, provided that at least one (1)
space per unit shall be enclosed.
(3) One and one-half (1.5) spaces per efficiency or studio unit and
two (2) spaces per unit with one (I) or more bedrooms, plus an
additional visitor space for every ten (10) units.
(4) One (1) space per guest room, plus two (2) spaces for the
reception office.
(5) One and three-quarters (1.75) spaces per bed.
(6) One (1) space per three (3) seating spaces in the main
assembly r00111.
(7) One (1) space per one hundred (100) square feet of gross floor
area.
(8) One (1) space per one hundred fifty (150) square feet of gross
floor area.
(9) One (l) space per two hundred (200) square feet of gross floor
area.
Page 4-of6
(10) One (1) space per two hundred fifty (250) square feet of
gross floor area.
(11) One (1) space per three hundred (300) square feet of gross
floor area.
(12) One (1) space per four hundred (400) square feet of gross
floor area.
(13) One (1) space per five hundred (500) square feet of gross
floor area.
(14) One (1) space per one thousand (1,000) square feet of gross
floor area.
(15) One (1) space per four (4) seats or seating places.
(16) Five (5) spaces per alley or five hundred (500) square feet of
rink area.
Thus, according to the perniitted use schedule,.the minimum number
of parking spaces required for a fraternal organization or private club
is one space per 100 square feet of gross floor area. The only fraternal
organizations or private clubs that is located in the Public Institutional
zoning districts is the Elks Lodge. The American Legion, Post 31 is
located at 7710 SW 59th Ave, South Miami, FL in the RS-3 zoning
district and, therefore, not eligible for special use approval as a
fraternal organization or private club without a zoning map
amendment.
The estimated gross floor area of the Elks Lodge is 13,853 square feet
and according to the current permitted use schedule the Elks Lodge
would need at a minimum 139 parking spaces. It appears that the
Elks Lodge only has 78 parking spaces but it also appears that it has
sufficient space to increase its parking. The exact amount is unknown
at this time.
The estimated gross floor area of the American Legion, Post 31 is
4,425 sf and according to the current permitted use schedule the
American Legion would need at a minimum 45 parking spaces. The
current parking conditions at the American Legion appears to be an
area of unimproved parking that does not comply with the code.
However, it does have suffident available space to install an
appropriate parking facilities.
OTHER APPLICABLE CODE
Sec.20-3.6(F)(p), which provides that outdoor recreational facilities
shall not be illuminated after 10:30 p.m.
Page 50f6
RATIONAL FOR AMENDING THE LDC
Currently the only fraternal organizations and privat,e clubs located in
the City's PubliclInstitutional Zoning Districts is the Elks Lodge. Even if
the zoning for the American Legion were to change to PI it does not qualify
since its ingress and egress violates the special use approval requirements,
and neither it nor the Elks Lodge can currently qualify as conforming uses
because of their distance from residentially zoned districts. As legally non-
conforming uses, neither is controlled by the provision 0(20-3.4 (A) (4) that
authorizes the City Commission to modify or revoke the special use when
the Director of Planning determines that the use is· adversely affecting the
health or safety of persons residing or working in the vicinity or detrimental
to the public welfare or property or improvements in the neighborhood, or to
be not in compliance with other applicable Code provisions. While neither
organization is required to seek legal conforming use status, neither is
allowed to expand their operations. At the same time, even if they desired to
become conforming uses, neither organization meets the current
requirements of the Special Use provisions of the LDC. Therefore, in order
to at least encourage the Elks Lodge to seek Special Use approval and be
regulated by the Special Use approval section of the LDC, as well as to
strengthen the protection of the residentially zoned districts that abut the
Elks Lodge, it is proposed that Section 20-3.4 and 20-3.3 (D) be amended
accordingly. Attached is a proposed amendment that may accomplish this
goal. The text highlighted in yellow is being recommended as a result of
. comments made. at first reading concerning who would be responsible for
determining whether there was adequate screening and buffering.
PLANNING BOARD RECOMMENDATION:
The Planning Board reviewed and held a public hearing on the item on
October 11,2016. A motion to recommend denial failed by a vote of2 -3.
A second motion to recommend approval was passed with a vote of 3 -2.
Attachments:
• Draft ordinance
• Excerpt of draft Planning Board meeting minutes
Page 60f6
Tompkins, Jane
From:
Sent:
To:
Subject:
Attachments:
Pepe, Thomas F.
Monday, October 24, 2016 3:21 PM
Tompkins, Jane
20-3.4
Memorandum of CA re Amending 20-3.4 (2) Fraternal Organization special use-Revised
10212016.docx; Amending 20-3.4 and 20-3.3(0) re Fraternal org and Priv. Clubs
CAapproved revised 3.docx
I approve of the attached revised ordinance as to form and legality. I am also attaching the revised
memorandum. Please call me on receipt to discuss the changes.
Thank you.
Very truly yours,
Tholnas F. Pepe
City Attorney
City of South Miami
1450 Madruga Avenue, Ste 202,
Coral Gables, Florida 33146
Tel: (305) 667-2564
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
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8SE I NEIGHBORS
CITY OF MIAMI
COURTESY NOTICE
NOlleR IS ORRERY glvon timl Ihe Cily Cnnmli"ion of Ille Cill' 01 Suulh Miami. Florida
v.-ln conduci Public Healing!') at j" r.~ul., City Crmuni«JOn meelillg scheduled fpl" Tue.sdny,
Novemher I, 21116, heginning 1117:00 p.m .. in Ihe Cily CootIDi"jrlll Ch"mho,,", 6130 Slins., Drive,
to c(I]]!;ider the following item(s):
A Re~oJutioll approving a sped&! usc 10 IlellTlil a fratemal orgflnization/»rivate club at 6304
SW78 Street.
An Ordinnnce vn"autlg lUld IIbundonillg " portioll of SW 82 Sireet more lull), described in a
JegaJ dc~crjption herein. !iubjecll0 ~eJ1ain conditions,lnt:1ulling the pre~crvntioll ohn eusement
An Ordinaute amending Ih, Land Dcveloplllelit C{Jdc, Ankle VI, Seclion 20·6.1. and oU,er
applicable pIO,,;.\ions.lO deHnl! the tcrm"Jc~!-:Jestri('.tivl:''' (I~ ilapr11est(J the voting requirCmefll'i
of 1110 Cill' Commission. . ~
'Au Ordimmt:e amending the Land Developmenl Code-, AnicJt' Ill, Sectioll)': 20-3.4 LO add
conditione; to protecl the health_ slIfety find welfare-of rc~iden1jlll di!\ui(;ts rmd cbange the
requirements fur the ~peciHI m~c npprovltl of Ilalemal org!illjlation~ and prh,ate clubs and
amend th{'ir parking rcqujrem~nls in ~cCUon 20-3.3 of the: LDC.
AL1. i.nteresLed paIlie!'i flrc invitetllo attend and Yrill he hemd
F", lurtil<f informatinn, please C"llIaCllhc Cil), Clerk'. Omee at 30;·6fi3·6341J.
M.ria M. MCllcDdn, CMC
Cily Clerk
l'un:UO,;11 h' F1nritl.:. SIOIlUh;s 2Hti fJ IO~, l1u~ LilY hcrchy mlvj"e:.lh,' )luhlit. Ihallr" IlCt~llf\ Ikdllc~ h' ilPrc:,1 lin)" lk-dsh"'111'I:Wc by
Ihi~ 80.'UII. AF,cnt}' (I) COllUlll~~ioll \yjlh n'sjX'ct 10 <lll;i !l .. "11.tCI cJln~i(t.:tcu nJ II:. mCCIIlIj." I'I h~Rnug. he 111 ~hf Will nee,l iI rC':~'ltl
or 'h~ prtll.·(,l'\hng~. ~ 111:11 ror :tLIdl rurp\''il!. IIn~t:lctl }X't!:l.Ul nlny nl'MU hi cn~Ute Iblll 10 \"l!rl'oilUn'l ICl."lnll1l1h~ Jlthl;eeclln)!~ j~
m:uk whi.::h l('tN(l ir.dlld;.'~ Ihe lr~hn'!(m.v IU\d rvid,"fIcr UPflIl \I.'hj,:.h lh(" flJ'll~A1IS I" b~ ';MeJ
i EdendedHours.
-.j Insurances Aecepte~j"
.; FI!ljln~ing A~ail~ble
.[ M.ljltiJjl'lgliaISt~~
,.I·~~(.f~tiqn.Av.allable
'</':In';Hj')IJ~~$pe9Iaii$t$
I SUNDAY 0[10BER 112016
M1AMIHERAlD.(OM
•
MIAMI DAILY BUSINESS REVIEW
Publ is hed Daily exce pt Saturday, Sunday and
Leg al Holidays
Miami , Miam i-Dade Co un ty , Fl orida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE :
Before th e under signed authority perso nally appea red
MARIA MESA. who on oath says tha t he or she is th e LEGAL
CLERK , Legal Notices of th e Mi ami Daily Busin ess Re view
flk/a Miam i Re view, a daily (except Sa turd ay , Sunda y and
Legal Holidays) newspaper, publi shed at Miami in Mia mi-Dade
Co un ty, Fl orida ; that the att ached cop y of adverti seme nt,
being a Legal Advertisem en t of Noti ce in th e matt er of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI -NOV. 1,201 6
in the XXXX Court ,
was publi shed in said ne ws paper in th e issues of
10/2 1/20 16
Affi ant furth er says tha t the sai d Miam i Dail y Busi nes s
Re view is a newspaper publ ished at Mi ami , in said
Mi ami -Dade County , Fl orida an d tha t th e sai d newspa per has
heretofore been cont inuously publi shed in sai d Mi ami -Dade
Cou nt y, Florid a each day (exc ept Saturd ay, Sunday and
Le gal Hol idays) and has been en te red as seco nd cl ass mail
matter at th e post offi ce in Mi ami in said Mi am i-D ade County ,
Fl orida , fo r a period of one year next prece din g the fi rst
publi cati on of the att ac hed copy of ad verti se ment ; ~nd affiant
furth er say s that he or she has ne ither pai d nor pro mise d any
corporation any di sco unt, rebate, co mm iss ion
MARIA MES A personally known to me
CITY OnOOTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commissio n of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commi ssion
meeting schedu led for Tuesday, November 1,2016, beginning at 7:00 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the
following item(s):
A Resolution approving a special use to permit a fraternal
organization/private cl ub at 6304 SW 78 Street.
An Ordinance vacating and aband oning a portion of SW 82 Street
more fully described in a legal description herein, subject to certain
cond itions , including the preservation of an easement.
An Ordinance amending the Land Development Code , Article VI ,
Section 20-6.1, and other applicable provisions , to define the term
"less restrictive " as it applies to the vot ing requiremen ts of the City
Commiss ion.
An Ordinance amend ing the Land Development Code, Article III,
Sections 20 -3.4 to ad d co nditions to protect t he hea lth , safety and
welfare of residential districts and change the requ irements for th e
special use approval of fratemal organizations and private clubs and
amend their parking requirements in section 20-3.3 of the LDC .
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 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 Commissio n 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 proceedi ngs is made which record includes the testimony
and evidence upon which the appeal is to be based.
10/21 16-90/0000163922M
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, October 11, 2016
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that aI/lobbyists, as defined in that section,
must register with the City Clerk before engaging in any labbying activities and in most cases pay an annual fee oj
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, with the city, including the
city manager, city attorney, department headst city personnel, or the city commission or members oj
any city board, concerning a matter that could foreseeably be ity commission or a city board. There
are some exceptions and exemptions. The following are be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present information at public meetings,
representatives of a neighborhood association of a not-for-profit
community' based organization for the purpose of· influence without special
compensation.
Individuals who wish to view or listen
meeting can be found on the city's
I. call to Order
II. Roll Call
City Staff Absent:
City Attorney: Mr. Thomas Pepe
III. Administrativ~ Matters
r"~''''''I'' of the
Mr. Greiner (Chairman), Ms. Fischer (Vice-
Director) and Mr. Marcus Lightfoot (Senior
Ms. Tompkins informed the Board that the November Planning Board meeting was on the same
day as the General Election. Because of that she asked the Board if they wanted to reschedule the
meeting. After discussing possible dates, the Board elected to reschedule their November meeting
for Thursday, November 10, 2016.
1
Dr. Philips asked if the Chair can make motions on items before the Board. Mr. Pepe responded
that when it is a small body, the Chair has the same rights and privileges as any other member on
the board.
Mr. Greiner asked if the LDC Comp Plan Workshop has been scheduled. Ms. Tompkins responded
no but will inform the Board once a date has been selected.
Mr. BasLi asked if there was an item submitted for the Shops at Sunset Place, of which staff stated
yes. Mr. Basu then stated that because this item willeventually come before the Board, it would be
a good idea to remember the Sunshine Law.
IV. Public Hearings
1. PB-16-028
Applicant: City of South Miami
An Ordinance amending the City of
20-3.4 of the City of South Miami's
health, safety and welfare of residential
use approval of fraternal organizations and
Code, Article III, Sections
""""n..,., to protect the
for the special
Mr. Basu read the item into th
on PB-16-028.
woul care of the PI district, but it would not address
that he is still researching as to whether the American
rking issue should be discussed as it is a very important issue. She
e to make do with the existing parking. She then stated that she
asphalt paved parking lots. She then stated that pervious parking
Mr. Pepe added that the American Legion would have issues with the fraternal organization
regulations as well if they are confirmed to be in the RS-3 zoning district.
Mr. Basu stated that it is important to have pervious parking or event parking so that the
amount of impervious areas is reduced.
Ms. Fischer stated that there is a Masonic Lodge in the City. Mr. Pepe stated that because the
Masonic Lodge property is less than 1 acre, they would not qualify as a fraternal organization.
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Mr. Greiner stated that he is opposed to the proposed ordinance. He then asked if this
ordinance came about because of the Elks Lodge Special Use application, of which Mr. Pepe
stated yes.
Mr. Greiner stated that this ordinance embodies everything that is wrong with the City's Land
Development Code (LDC). This ordinance is responding to something that can be remedied
within the confines of the LDC. He then stated that this is a form of spot zoning.
Mr. Greiner then gave a list of his issues with the ordinance. This list includes the following:
1. The LOC is difficult to read and interpret;
2. The definition of fraternal organization is vague;
3. Section 20-3.4(A)(1} of the LDC is arbitrary and va
4. The land requirement of 1 net acre. What about that fit into a mixed use
setting that has a smaller area;
5. 20-5.8(B)(1} of the LOC is arbitrary and
6. The additional conditions are ove
that it deems necessary;
7. The'existing regulations in the LDC
~o oversee the operation ofthe Elks
Ms. Fischer stated that she is
Mr. Basu stated that the Elks
'fi'mtnrlming use.
ing use who expanded their use.
expanded use is permitted. Mr.
Commission greater control
rdinance would also allow for
d to apply for the Special Use in order to
that the Lodge did not comply with the
are listed in the LOC.
PB-16-028. The motion was seconded by Mr. Greiner.
Mr. Greiner:
Ms. Fischer: Yes
Mr. Melow: No
Motion: Mr. 8asu moved to approve PB-16-028 as presented. The motion was seconded by Dr.
Philips.
Vote: Yes 3, No 2 (Greiner, Fischer)
Mr. Basu: Yes
Dr. Philips: Yes
Mr. Greiner: No
Ms. Fischer: No
Mr. Melow: Yes
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)
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V. Public Comments/New Business
The Chairperson opened the floor to public comments and any new business.
Public Comments Section
No comments from the public.
New Business Section
No New Business from the Board
The Chairperson closed the floor to public comm
VI. . Approval of the Minutes
VII.
1. Planning Board Minutes of September
Motion: Mr. Basu moved to approve the
the motion.
Vote: Yes 5, No 0 (None)
Mr. Basu: Yes
Dr. Philips: Yes
nerseconded
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