13To:
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-=--_
An Ordinance amending 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 does 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 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. 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
commISSIOn.
(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
"PARKING REQUIREMENTS (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 permitted 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 (1) 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 room.
(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 (1) 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 permitted 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 suffi'cient 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 5 of6
RATIONAL FOR AMENDING THE LDC
Currently the only fraternal organizations and private clubs located in
the City's Public/Institutional 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 of20-3.4 (A) (4) that
authorizes the City Commission to modify or revoke the special use when
the Director of Planriing 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,
Tho111as 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@sollthmiamifl.gov
ATTENTION: This e-mail may contains PRIVILEGED AND CONFIDENTIAL INFORMATION intended only for the use of the
addressee named above. If you are not the intended receiver, you are hereby notified that any dissemination of this communication is
strictly prohibited. If you have received this e-mail in error, please immediately notify us by telephone, call collect if outside of your
area code and delete this e-mail. We will reimburse you for the cost of your long distance call. Thank you. Please also note: All e-
mails to and from this e-mail site are kept as a public record. Your e-mail communications, including your e-mail address may be
disclosed to the public and media at any time pursuant to Florida Statutes, ch. 119.
1
1
2
3
4
5
6
7
8
9
10
ORDINANCE NO. ______ _
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.
11 WHEREAS, the Special Use Approval process does not provide adequate protection for
12 the general welfare of the residential districts in the City; and
13
14 WHEREAS, the requirements for Special Use Approval of fraternal organizations and
15 private clubs required an arbitrary distance between such uses and residentially zoned districts;
16 and
17
18 WHEREAS, the Planning Board reviewed this proposed ordinance on October 11,2016.
19 A motion to recommend denial failed by a vote of 2 -3. A second motion to recommend approval was
20 passed with a vote of 3 -2.
21
22 WHEREAS, the Mayor and City Commission desire to amend Article III, Section 20-3.4
23 of the City of South Miami's Land Development Code to add conditions to protect the health,
24 safety and welfare of residential districts and change the requirements for fraternal organizations
25 and private clubs to provide more control over their effects on those residential districts.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1. Article III, Section 20-3.4 of the City of South Miami's Land
31 Development Code is hereby amended and shall read as follows:
32
33 20-3.4 -Special use conditions.
34 Any of the following special uses may be approved and permitted by the Ceity
35 Ceommission at a public hearing, after a recommendation by the J:f)lanning Beoard,
36 provided that such use is specifically listed as a permitted special use in the appropriate
37 district column in the Permitted Use Schedule (Section 20-3.3D), and that such use
38 complies with the following general and special requirements, as well as arul any other
39 conditions that the Ceity Ceommission may consider appropriate and necessary:
40 (A) General Requirements.
41 (1) All such uses shall comply with all requirements established in the appropriate
42 zoning use district, unless additional or more restrictive requirements are set forth below or
43 by the Ceity Ceommission.
44 (2) All such uses shall be determined to be of a compatible and complementary nature
45 with any existing~ erplanned or anticipated surrounding uses.
46 (3) A public hearing shall be held by the Ceity Ceommission to determine the overall
47 compatibility of the use with the surrounding neighborhood.
(4) If a special use is, in the future, determined by the Director of the Planning and
2 Zoning Department or the City Commission, to be adversely affecting the health. er-safety
3 or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the
4 proposed use, or otherwise to be detrimental to the public welfare or property or
5 improvements in the surrounding neighborhood, or to be not in compliance with any other
6 applicable Code provisions, the special use approval may be modified, with conditions of
7 approval revised or added to alleviate such adverse effect, or revoked by the City
8 Commission upon notification and public hearing.
9
10 (B) Special Requirements.
* * *
(2) FRATERNAL ORGANIZA nON OR PRIV ATE 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 adj acent
residential district. The activities, uses and structures located on the property shall be
adequately, screenedandl or buffered from residentially zoneddistrictsaMrec~inl1i~Hded.bY
the 'Planning<aI1dZollllg'Directbr "ot.asreglllred:bythe Cltyc(}inl1iissio'n;fo:'&dli¢e:any
hoiseematlatingJr(}11lthe ptopertyandHhliiihe visi(}ri.of the sttUctuieand>:adivit:y:tillfiiig
place'on theptoperty.
( 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.
* * *
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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:
26 SECTION 20-3.3(D)
27 PERMITTED USE SCHEDULE
I P PERMITTED BY RIGHT
PERMITTED AS SPECIAL USE
COND SPECIAL USE CONDITIONS (See Section 20-3.4)
PARKING REQUIREMENTS (See Section 20-4.4(B))
No conditions were adopted
28
ZONING DISTRICT -
L R M T T T T T C P
USE TYPE R R R R R R R R M R L M N S G U 0 0 0 0 0 P P 0 A S S S T T M 2 0 0 0 R R R A D D D D D H I R R N R 1 2 3 4 5 6 9 1 4 H D D D D D D K 8
2
3
*** '-E~ly C;;;~d~~~e,he-~ pre-lmmrnllffl pFFAllfTTTJ
f Fraternal Organization or Private Club lllllill s IS1"Sl-Srsr,P I ip Ip IS I liS I I 1211 2 I
,--Governmental Administratio~-llllill r---ITll-pTlPTTPTPlPlPfPl P lip I I P I I ~
4 ***
5
6 Section 3. Codification. The provisions of this ordinance shall become and be made
7 part of the Land Development Code of the City of South Miami as amended.
8
9 Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance
lOis for any reason held invalid or unconstitutional by a court of competent jurisdiction, this
11 holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines
12 adopted hereunder.
13
14 Section 5. Ordinances in Conflict. All ordinances or parts of ordinances and all
15 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
16
17
18
19
20
21
22
23
24
25
26
27
Section 6. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this _ day of _____ , 2016.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
APPROVED:
MAYOR
28 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
29 LANGUAGE, LEGALITY AND Mayor Stoddard:
30 EXECUTION THEREOF Vice Mayor Welsh:
31 Commissioner Liebman:
32 Commissioner Edmond:
33 Commissioner Harris:
34 CITY ATTORNEY
35
8SE I NEIGHBORS
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICR IS HERI<:RV given thai Ihe City Commission of the Cily of Soulh Miami. Florida
will conduct Puhlic Hearing(s) at its regular City Commission meeting: scheduled f(ll' Tuesday,
N(lVCmhcr 1, 2016. heginning HI 7:00 p.m .. in the City COllunissioll Chamh('f", 6130 SUllset Drive.
to c{ll1siuer the following itcm(s):
A Resolution tlppwving a ~pedal usc to pl~nnit a fraternal organil31ioniprivatc club at 6304
SW78 SU·ecL
An Ordinance vflt:ating and abandoning II portion of S\V 82 Street m(Jre fu11y desnihcd in a
legal dcst:riptioll herdn. subject to ~ertain c~lllditi()ns. including the prescrvfllioll oJ an easement.
An Ordinallce amending the Land Dcvelopmelll Code, Article VI. Seclion 20-6.1, and "Iher
applicahle provision~. to deIine the term ")e!)S re~triL'tive" a~ it applies to the voting requirements
of the City Cl1lnmission. ~
An Ordimmrt: amending the Land Development Code, Anicll' Ill. Sectiolls 20-3.4 to add
l'onditioll~ to protect the health. saJety and welfan~ of residential disuil:ls and change the
requirements for the special usc approval of Jratcmal organizatioll,) find private duhs and
amend thl'ir parking requirements in section 20-33 nfthe LDC.
ALI, interested parties are invited to attend and will he heartl.
F(lr further information. plea,e wnlact Ihe CilY Clerk', Olliee al: 305-663-6340.
Maria M.Mcnendet., CMC
Cily Clerk
PllrS1Ja!l1 h' Floril!:! SIH!llle~ 2iifi.OI05, Ihe ell), herehy (\{I\'ise~ IhL' Jl1Jhlk Ihat if ,1 pcr~l)ll tkdtlc-s h' aprc:,1 ilny J~'dsi<'iJ In:"ldc hy
Ihi~ BOr1teL Agcm:y (Ol COllums~ioll wilh rL'~pcct 10 any ili:IUCI n'n~Il'crL'U H! liS mcc!ill!! PC hCllIing.lll' Of ~h(' will ncc.l il rC':('ld
{If thl' pwn'l'(lint':~. :Jnd Ih:!1 h'T ~IH:h pllrpllsc. uncL1l'tl Jlcr~nn nl.iy need hI cn~ure IIMI il vcrl'oalim rCi.:,mllll Ihc prulceding\ is
made which t('CI'rll indlld,,~ Ihe l('shmllllY and ('vid(,llC'l' upon which Ih(' appcitllS 1,1 bc tinicJ.
.y' Gentl~& Qu .. nty Care
-7 Extended Hours
-/ Insurances Accepted
-/ Finan¢ing Available
-/ lV!ultilingual Staff
-/Sedation Available
-/ Irt·HQuse Specialists
I SUNDAY OCTOBER ll1016
MIAM1HERAlD.COM
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
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 all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying 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 heads( city personnel, or mpnfH'Prl;.Yflf
any city board, concerning a matter that could foreseeably be
are some exceptions and exemptions. The following are
principal at a quasi-judicial hearing, experts who present
representatives of a neighborhood association withou .. '. 'ih"''''D,~rn
community based organization for the purpose of
compensation.
Individuals who wish to view or listen
meeting can be found on the city's
I. Call to Order
Action: Mr. Gre
II. Roll Call
vloectvelrsl(JlnS of the
-Mr. Greiner (Chairman), Ms. Fischer (Vice-
Director) and Mr. Marcus Lightfoot (Senior
City Attorney: Mr. Tho~~~';epe
III. Administrative Matters
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. Basu 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 will eventually come before the Board, it would be
a good idea to remember the Sunshine Law.
IV. Public Hearings
1. ::~~;~:t~ City of South Miami &.' \:~"
An Ordinance amending the City of South'(;~H.ami Land Developm~;tll,,~ode, Article III, Sections
20-3.4 of the City of South Miami's Lan~ .:-:velopment Code to ad' P·.nditions to protect the
health, safety and welfare of residential IJj~Js and chij,pge the requ for the special ::.::~-::,:~.~~ <:{~:" ·..:'f%z::::.-
use approval of fraternal organizations and prhl~t~ch.~!?~!;~¥~~
··';Jg~;I~rI~~W7
Mr. Basu read the item into th
Mr. Pepe presented PB-16-028 tot:'
Ms. FischEfrl§t@led that th~ip~rking issue should be discussed as it is a very important issue. She
"':~:::::::(::':::::: ~X:~~;:?::
stated that the&1~?Lodg7h!~able to make do with the existing parking. She then stated that she
prefers not to se~1:~1)Y;6~~asphalt paved parking lots. She then stated that pervious parking
areas should be encaUft#g§d.
'\v·:·;··
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.
2
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 LDC is difficult to read and interpret;
2. The definition of fraternal organization is vague; i"
3. Section 20-3.4(A)(1) of the LDC is arbitrary and vagu~;';;'ii";;i~T
4. The land requirement of 1 net acre. What aboutFH¢!~fganizations that fit into a mixed use
setting that has a smaller area;,1:rC!
5. 20-5.8(B)(1) of the LDC is arbitrary and vague;~·;L· ".~!;!;; ..
6. The additional conditions are over-reachin~~Ddthe City~C~~mission can add any condition
that it deems necesSary;<,li;t~l~B\f;,i '\';:::r.,
7. The existing regulations in the LDC vJ~t~;~dequate and gave th~l'gj~'bping Director the ability
to oversee the operation ofthe Elks Loag~( "~;;';;\
.. ·:;·(\:::t:; ". ::';.~;~:>~{:::~:
Mr. Basu stated that the Elks L6~~i·(~ij~·)~;~ •• J~gal n~~~Y:~f:grming use who expanded their use.
They are now trying to become l'#g~I.c0nfd)tWt9& so that~~~~ ••. expanded use is permitted. Mr.
Pepe stated thatth~;Twwose of th"S;R\dinan2~\1~~~~:lP affora't,qe Commission greater control
over the Elks Lpi:.lg~)!bhcethGY are a ·1~~~!cO?(9r~lflg;YS.7,.Th~·;;brdinance would also allow for
them to expatj~;While prot~¢~ing the surrQ,QJ~~1~g~eigh·6o:r~,g0d.
":~',:,:' •• ",> .::':~. ': '··{~Y?L·:?· '"'
Ms. T0 rl1 pkins st~~~atb~t t~~!.~I~§"hPdge ~~~';IQstructed to apply for the Special Use in order to
m~~~;We~rc9Rtrty l~g~tFgHfBrmihg.)!t9fca~~~Bparent that the Lodge did not comply with the
regulatibhs'oJtih1ed for"f~~ternal org~hiiationsthat are listed in the LDC.
.: :;;>:'::.;> ... ':':': ::" .. :.,::. :::: ..... :.:~-:.:: '';:::~'.: >:~:~~:>:-. ':::~:': :: ,::':'.':~;~,:;:::-
~~\ ,>,:::.\':;::. ";::'~k::'~' <:\:\;::;)?::... . :"<:,:<? ,:-::
'fSi§jiqn: Ms. Fisch~i'~QV~d t~ta~.QYPB-16-028. The motion was seconded by Mr. Greiner.
'~~~:~t}·\}:\ "":::::y;:::~~;;:\ '\;{~f:~~;~t:: Vote:V~~2!NO 3 (Basu,Phltips, M~I&~)
Mr. Basu;'Nq.<. \):<
Dr. Philips: NB:'lj~;i'~:
. ,.~::~~'"
Mr. Greiner: Yesi.;\j'~.:H·
Ms. Fischer: Yes
Mr. Melow: No
Motion: Mr. Basu 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
3
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 _ .. ":" ;:t)~:::··
The Chairperson closed the floor to public comments.~~~~~~~oew business.
;> .<:':?:i: )?:.:,:.~ "<C.:::',::·::,:-"
VI. Approval of the Minutes
1. Planning Board Minutes of September ... ."" ...........
Motion: Mr. Basu moved to approve the
the motion.
Vote: Yes 5, No 0 (None)
Mr. Greiner:
VII.
VIII.
4