Res No 213-16-14768RESOLUTION NO. 213-16-14768
A Resolution approving a special use to permit a fraternal organization/private
club at 6304 SW 78 Street.
WHEREAS, pursuant to Section 20-3.4(B)(2) of the Land Development Code (LDC), the
applicant, the South Miami/Coral Gables Elks Lodge #1676, submitted Application No. PB-16-019
to the Planning Board requesting a Special Use Approval to operate a fraternal organization/private
club at 6304 SW 78 Street; and
WHEREAS, the applicant has operated at this property, which is zoned "PI"
PubliclInstitutional, for decades which use predates the Land Development Code requirement that
fraternal organizations/private clubs obtain a special use approval by the City Commission; and
WHEREAS, fraternal organizations/private clubs are permitted as a special use within the
. "PI" PubliclInstitutional zoning district and are subject to meeting the general conditions specified
in LDC Section 20-5.8 and are subject to meeting the special use requirements set forth in LDC
Section 20-3.4(B)(2); and
WHEREAS, Section 20-3.4(B)(2) of the LDC sets forth the following special requirements
for fraternal organization/private clubs:
(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.
WHEREAS, Section 20-3.4(B)(2) of the LDC may be amended to eliminate or modify
subsection (b)
WHEREAS, the approval of a special use requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at the August 9,2016 Planning Board meeting, and following a public hearing,
the Board reviewed application PB-16-0 19 and voted 6 ayes, 0 nays to recommend approval of the
request for a special use to operate a fraternal organization/private club, subject to the following
conditions: (1) the fence on the south side of the soccer fields shall be relocated such that it doesn't
encroach on the SW 79th Street right-of-way; and (2) all outdoor activities shall cease at 10:30 p.m.;
and
WHEREAS, the City Commission desires to approve the application for a special use to
permit a fraternal organization/private club at 6304 SW 78 Street, subject to the applicant meeting
the requirements for a Special Use as well as the conditions specified below.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Res. No. 213-16-14768
Section 1: Special Use Application PB-16-019 submitted by the South Miami/Coral Gables
Elks Lodge #1676 to operate a fraternal organization/private club at 6304 SW 78 Street within the
"PI" PubliclInstitutional zoning district is hereby approved. This approval is subject to the
following terms and conditions as well as all applicable City ordinances, codes, rules and
regulations:
1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(2) Fraternal Organization
or Private Club and Section 20-5.8 Special Use Approval of the Land Development Code,
2. The fence on the south side of the soccer fields shall be relocated such that it doesn't
encroach on the SW 79th Street right-of-way.
3. All outdoor activities shall cease at 10:30 p.m.
4. The fence on the south side of the soccer field shall be relocated such that it doesn't
encroach on the SW 79th Street right-a-way.
5. 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, 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.
Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
pASSED AND ADOPTED this ~ day of November, 2016.
~ CITYCLE~
APPROVED:
P!Jt!I~ MAYO
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Commissioner Edmond: Yea
Page 2 of 2
To:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
The Honorable Mayor, Vice Mayor and Members of the City Commission
Cc: Steven Alexander, City Manager and Maria Menendez, City Clerk
From: Thomas F. Pepe, City Attomey
Date: September 15,2016 ITEM NO .. _J-=O_-__
SUBJECT:
Disapproval of the South Miami/Coral Gables Elks Lodge #1676 request for
special use approval for their lodge.
FACTUAL BACKGOUND:
The City's Planning and Zoning Department has provided the following information:
The South Miami/Coral Gables Elks Lodge #1676 ("Elks") 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 does not comply with the 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 Special 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-confonning and directed the Lodge to submit an application for Special
Use approval to bring the property into compliance with the LOC.
ANALYSIS:
The defmition of fraternal organization, LOC provisions regarding special uses, and
specific conditions for fraterD.aI organizations are included below:
20-2.3 Dermitions. ... ...
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 require~ents to obtain a Special Use approval are as follows:
20-3.4 Special use conditions.
Any of the following special uses may be approved' ~d 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 s~cial use in the
appropriate district column in the Permitted Use Schedule (Section R-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.
All such uses shaD 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 commission.
1. All such uses shall be determined to be of a c:ompatible and c:omplementary
nature with any existing or planned surrounding uses.
2. A public hearing shall be held by the city commission to determine the overall
compatibility of the use with the surrounding neighborhood.
3. 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
All such uses shall be located on a site of not less than one (1) net acre in area. [The
Planning and Zoning Department found that the Lodge meets this requirement based on a
review of the Property Appraiser's website in that the structure straddles two properties,
one ofwbieh is over one. acre and the other is less tbanan acre]
No strueture shall be loeated less than one hundred (100) feet from any adjacent
residential district. [The Lodge does not meet this. requirement since the structure,
aecprding to the ,measuring tool of Google Barth Pro, i~ approximately 72 feet from the
center line of SW 63 n1 Avenue which separates the PI district from the Residentially
zoned district to the east of the property.]
No vehicular ingress nor egress shall be permitted along streets and rights-of-way
bordering residential zoning districts in the City of South Miami. [The Pbundng and
ZOriing:~_t found that the vehicular m:gress·amt qpess is as farremowd&Qm. the
residential properties as is feasible and does not exist along .y streets or tights of way
401.<_ 1.._-'_~ _~~ __ .: .. 1 • dis·' . th C· ] ..,..u:u,uu,~any ,.~:WDmg trim m e Ity. .....
20-5.8 Speeial use approvals. •••
B. Required Conditions.
1. Prior to approving a spedal use, the city eOinmissionshaU find that such use
m .. the conditional requireJBents set forth in Seetion 2O-3A and that it:
a. WiD not adversely affeet the health or safety of persons residing or
working in. the vicinity of the propostduse;
h. wm lIot be ~ental to the public welfare or property or
improvements in the neighborhood; and
c. Complies with all otb,r applicable CodeprovisioDS.
2. Additional Conditions. The city commission may designate such additional
conditions inwnnection with a special use as will, in its opinion, assure that such
use will conform to the foregoing requirements.
PARKING SPACE ANALYSIS
Pursuant to the infonnation provided, the minimum number of parking spaces
required for a Fraternal Organization/Private Club is one space per 100 square
feet of the total size of the land where the structures are located, which in the case
of the Elks Lodge is 13,853 square feet. Therefore, the Elks Lodge needs at a
miabnum 139 parking spaces. The plans submitted with the application are
uncle8r, but it appears that the Elks Lodge only has seveaty-eight (78) parking
~ on site. Unt11 it can be verified that the Elks Lodge has the necessary
parking spaces, its application for Special Use approval cannot be entertained.
COMPREHENSIVE PLAN COMPLIANCE
The Planning and Zoning Department found that the requested special use does
not conflict with the Comprehensive Plan.
OTHER APPLICABLE CODE
Sec. 20-3.6(F)(P), which provides that outdoor recreational facilities shall not be
illuminated after 10:30 p.m.
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FI'f funhl:r mf>1fI11ati(ll1. nICCl-':L l'nlllC • .:lllll': City Clerk· ... om,cc ill: 305~663~634()
M'l":. M. MCllelldc, .. eMC"
Cily Clerk
Purq:::n: I,' F1i1:i.h!'lillll'~'" :?)I(1.f:IO".lhl! CII) h~r"'rr ~I"'.(I'~ LiI.!l.ul>lic Lb~\ if ill..:rt,')1 In'ttkJ; !,. :-I'pt:rl n."~' J~CISlo'1l In:,tll! I:'~
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ental Options 1
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I IUNDAV OCTOBIR lllO16
MIAMIHEAALD.COM
•
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