10To:
Cc:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
The Honorable Mayor, Vice Mayor and Members of the City Commission
Steven Alexander, City Manager and Maria Menendez, City Clerk
September 15, 2016 ITEM No._I _O_-__
Thomas F. Pepe, City Attorney
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" (Public/Institutional), 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-conforming and directed the Lodge to submit an application for Special
Use approval to bring the property into compliance with the LDC.
ANALYSIS:
The definition of fraternal . organization, LDC provisions regarding special uses, and
specific conditions for fraternal organizations 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 sllecial use in the
appropriate district column in the Permitted Use Schedule (Section @-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 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 commission.
1. All such uses shall be determined to be of a compatible and complementary
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 ORGANIZA nON OR PRIV ATE 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 of which is over one acre and the other is less than an acre]
No structure shall be located less than one hundred (100) feet from any adjacent
residential district. [The Lodge does not meet this requirement since the structure,
according to the measuring tool of Google Earth Pro, is approximately 72 feet from the
center line of SW 63 rd 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 Planning and
Zoning Department found that the vehicular ingress and egress is as far removed from the
residential properties as is feasible and does not exist along any streets or rights of way
that border any residential zoning district in the City.]
***
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.
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
Pursuant to the information 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
minimum 139 parking spaces . The plans submitted with the application are
unclear, but it appears that the Elks Lodge only has seventy-eight (78) parking
spaces on site. Until 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.
I
1
2
3
4
5
RESOLUTION NO. _________ _
A Resolution approving a special use to permit a fraternal
organization/private club at 6304 SW 78 Street.
6 WHEREAS, pursuant to Section 20-3.4(B)(2) of the Land Development Code (LDC),
7 the applicant, the South Miami/Coral Gables Elks Lodge #1676, submitted Application No. PB-
8 16-019 to the Planning Board requesting a Special Use Approval to operate a fraternal
9 organization/private club at 6304 SW 78 Street; and
10
11 WHEREAS, the applicant has operated at this property, which is zoned "PI"
12 Public/Institutional, for decades which use predates the Land Development Code requirement
13 that fraternal organizations/private clubs obtain a special use approval by the City Commission;
14 and
15
16 WHEREAS, fraternal organizations/private clubs are permitted as a special use within
1 7 the "PI" Public/Institutional zoning district and are subject to meeting the general conditions
18 specified in LDC Section 20-5.8 and are subject to meeting the special use requirements set forth
19 in LDC Section 20-3.4(B)(2); and
20
21 WHEREAS, Section 20-3.4(B)(2) of the LDC sets forth the following special
22 requirements for fraternal organization/private clubs:
23 (a) All such uses shall be located on a site of not less than one (1) net acre in area.
24 (b) No structure shall be located less than one hundred (100) feet from any adjacent
25 residential district;
26 (c) No vehicular ingress nor egress shall be permitted along streets and rights-of-way
27 bordering residential zoning districts in the City of South Miami.
28
29 WHEREAS, Section 20-3.4(B)(2) of the LDC may be amended to eliminate or modify
30 subsection (b)
31
32 WHEREAS, the approval of a special use requires a recommendation from the Planning
33 Board and the approval of the City Commission after a public hearing; and
34
35 WHEREAS, at the August 9, 2016 Planning Board meeting, and following a public
36 hearing, the Board reviewed application PB-16-0 19 and voted 6 ayes, 0 nays to recommend
37 approval of the request for a special use to operate a fraternal organization/private club, subject
38 to the following conditions: (1) the fence on the south side of the soccer fields shall be relocated
39 such that it doesn't encroach on the SW 79 th Street right-of-way; and (2) all outdoor activities
40 shall cease at 10:30 p.m.; and
41
42 WHEREAS, the City Commission desires to approve the application for a special use to
43 permit a fraternal organization/private club at 6304 SW 78 Street, subject to the applicant
44 meeting the requirements for a Special Use as well as the conditions specified below.
45
46
1
2 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
3 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
4
5 Section 1: Special Use Application PB-16-0 19 submitted by the South Miami/Coral
6 Gables Elks Lodge #1676 to operate a fraternal organization/private club at 6304 SW 78 Street
7 within the "PI" Public/Institutional zoning district is hereby approved. This approval is subject
8 to the following terms and conditions as well as all applicable City ordinances, codes, rules and
9 regulations:
10
11 1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(2) Fraternal
12 Organization or Private Club and Section 20-5.8 Special Use Approval of the Land
13 Development Code,
14
15 2. The fence on the south side of the soccer fields shall be relocated such that it doesn't
16 encroach on the SW 79 th Street right-of-way.
17
18 3. All outdoor activities shall cease at 10:30 p.m.
19
20 4. If the subject use is, in the future, determined by the Director of Planning, to be adversely
21 affecting the health or safety of persons residing or working in the vicinity of the
22 proposed use, to be detrimental to the public welfare or property or improvements in the
23 neighborhood, or to be not in compliance with other applicable Code provisions, the
24 special use approval may be modified or revoked by the City Commission upon
25 notification and public hearing.
26
27 Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for
28 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
29 not affect the validity of the remaining portions of this resolution.
30
31 Section 3. Effective Date. This resolution shall become effective immediately upon
32 adoption by vote of the City Commission.
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
PASSED AND ADOPTED this ___ day of, _______ , 2016.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Harris:
Commissioner Liebman:
Commissioner Edmond:
8SE I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREMY ~iv;:n thai the City Cnmmi>;-;inn of the-City of South JvllamL Florida
\\'m conduCl Puhlic Hearing1s) at it ... rt>gular City Commi'isitlll illt'cling schC'dukd hIt Tunday,
Nllv;~lllher 1. 201 fl. r.t'"ginlling ill 7:(]:} p.m. in the City lnUlJllissioll Chamher ... , 6130 SUIl'\t:'l Drive.
to Cl1llsiuer the fnllliwine: ilcm(s),
( A Re:-iLI]tlliLlll. apPwvj-ng a <"pc;:ial USt' ttl prlllllt a (ralt'ina] organizatiol1!prh'3Lc dub a\ 6304
\. SW 7}< SUl~el
All OrJinance vi!::atillg (mJ ahandoning a pOJlion of SW 1)2 Slr~el mure fully de\~'[ihcd in if
kga) dcsl:ript:(111 hcn·in.;'\ubjecllo \.~erwiJll't\nditioll'i, im:ludillg the prt~:-;el \'1Itiol1 alan e'a"i:'melll.
All OnlinalH.:e amcnJing the La:ld Develupment CoJt'. Anick VI. Sct:lion 20-6.1, and tIthe]
(Jppk;ahk pro ... i"';on .... ~IJ deLne lht' term "leo.;s n .. "triL·\ivt'·· 3" it applies llllhr. votmg r;=:quirelTll'l:ts
llj" the-City COl111ni-:::-;io]).
An OrdinaJlct' flnll~ndjll~ the Lmd De\'clopmr.nt Code, AnKh' IlL Sections 2(1-3.4 to add
condition<; t(l Pfl1t(Tl t11e health. <.;ai"cty and wellan'" of re<;idemial Jis[Ji;.:t<; and ChaJlge. the
rcquill'mems for tht' 'lpl~ria] Il'\t' nppJ"tlval of Jr(ltcmal (Irg<JOlzation-.; ,Ind pri\'atc I. • .'hil)...; and
nlllt:l1d their parkin~ rcquirclIwnl,\ in se:,:UOll 20-3.3 of [he LDC
ALL inlerC"led p:lfIics are jJl\'itrd In alt~lll.l and will he ht'arJ.
Fill further illJnrmi:itioll. plcao,;(" L"lllll<li.:t the Cily Ckrk'.;; Oilil.."l' aL 305-663-6340.
l\1,1l;D M lvkllelldcz. Cl\IC
CilyClerk
Pur~wm; ];\ F1nr,,j;,.'I:II\l:~.~ ~}{fd' lOS, 1111.' ell}" h~r...·t->)" [1(1\"j~I'~ 111..:: jlOlt':it· ,hlJ\1f ,I p..::r~,'n JL·~1t!l.'~ ,,' ;ll'pr:,1 f.~~' lienS1'\;1 m:,UI.' t-y
thH B",nd .-\!.'('J\":~' I.': Cr'!lU1l1~m';1 wilt: r~~p('>."ll<\ ;my m:ll1,;'l LI'Il~:dCll.'d :.! li~ m~'::llIl.,' I'l h;:arill.;!. he III ql~ wjjj Ili.'\!,; rJ ri.'':''ld
"I ihl' P"I,~·" .. ':hr.g~. :,r.d 11\::: ;.·r ~I;d\ flllr:ll>'~ . ..llleuc.1 p .. 'r~"rl m,!~ nt:~~,] II' L'n,llr" Ih,.; "\"t:rhailln mC:I'n: \1; Ih,' ,:rt'Lcm..lin}!' IS
maJ: wh:..::!, fl'l'prd lj,dtai::, \h 1l'~lHll(lll\' rJ)J(! ('V1JL':l~T l,plln wh:.:h tlw ,11'1'!',11 J~ ", b~' h[:~I.'J
,/ Gentle & Quality Care
,/ Extended Hours
,/ Insurances Accepted
,/ Financing Available
,/ Multilingual Staff
,/ Sedation Available
,/ In-House Specialists
IIUNDAY OCTOBER 112016
MIAMIHERAlD.CDM
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami.Miami-Dade County,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA,whoon oath says that heor she istheLEGAL
CLERK,LegalNoticesoftheMiamiDaily Business Review
f/k/a Miami Review,adaily(exceptSaturday.Sundayand
Legal Holidays)newspaper,published atMiamiin Miami-Dade
County,Florida;thattheattachedcopyofadvertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI-NOV.1.2016
in the XXXX Court,
was published in said newspaper inthe issues of
10/21/2016
Affiant furthersaysthatthesaid Miami Daily Business
Reviewisanewspaperpublishedat Miami,insaid
Miami-Dade County.Florida andthatthesaid newspaper has
heretoforebeencontinuouslypublishedinsaidMiami-Dade
County,Florida eachday (except Saturday,Sunday and
LegalHolidays)andhasbeen entered as second class mail
matteratthepost office in Miami insaid Miami-Dade County,
Florida,fora period ofoneyearnext preceding the first
publication oftheattachedcopyofadvertisement;and affiant
further saysthatheorshehas neither paid nor promised any
person,firmorcorporationanydiscount,rebate,commission
or refund fo^h^^urposeJoEseguring this advertisement for
publicatiorfin the saigXewspaper.
(SEAL)^VTHOA^V
MARIA MESA personally known to me <>..\\Jqc^''.\
$/cVb6f<?£tS\\
CO .j.—:*=
-O/.#FF 034747 :csr?
'',?>...•.,o»^0"
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given thatthe City Commission ofthe City of South
Miami,Florida will conduct Public Hearing(s)atits regular City Commission
meeting scheduled for Tuesday,November 1,2016,beginning at 7:00 p.m.,in
the City Commission Chambers,6130Sunset Drive,toconsiderthe
followingitem(s):
AResolution approving a special usetopermitafraternal
organization/private clubat6304SW78Street.
AnOrdinancevacatingandabandoningaportionofSW82Street
more fully described ina legal description herein,subject to certain
conditions,includingthepreservationofan easement.
An Ordinance amending theLandDevelopmentCode,Article VI,
Section20-6.1,andotherapplicableprovisions,todefinetheterm
"less restrictive"asitappliestothevotingrequirementsofthe City
Commission.
An Ordinance amending theLandDevelopmentCode,Article III,
Sections 20-3.4toadd conditions toprotectthehealth,safetyand
'welfareofresidentialdistrictsandchangetherequirementsforthe
specialuse approval of fraternal organizations and private clubsand
amendtheirparkingrequirementsinsection20-3.3ofthe LDC.
ALL interestedpartiesareinvitedtoattendand will beheard.
Forfurther information,pleasecontactthe City Clerk's Office at:305-663-6340.
Maria M.Menendez,CMC
CityClerk
PursuanttoFlorida Statutes 286.0105,theCityherebyadvisesthepublic
thatifaperson decides toappealanydecisionmadebythisBoard,
Agency or Commission with respecttoanymatterconsideredatits
meeting or hearing,heorshe will needa record ofthe proceedings,and
thatforsuch purpose,affected personmayneedtoensurethata verbatim
recordoftheproceedingsismade which record includes the testimony
andevidenceuponwhichtheappealistobebased.
10/21 16-90/0000163922M