DOC102716-001CITY 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 of
$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, recommendation of<someone with the city, including the
city manager, city attorney, department heads, city personnel, or meo 'n,s of the city commission or members of
any city board, concerning a matter that could foreseeably be addr5the city commission or a city board. There
are some exceptions and exemptions. The following are not 0 "1 11 erect .o be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present scieAAlc or techf al information at public meetings,
representatives of a neighborhood association without compensation and representatives of a not-for-profit
community based organization for the purpose of regt(es "fng a grant who seff,to influence without special
compensation. %
Boa
an
Board 'Members Absent!.Ms. GI
City Staff," P se, nt: Ms. J
Planner /Zoning Ad;ministra
City Staff Absent:
City Attorney: Mr. Thomas Pepe
III. Administrative Matters
and
Kahn
audio and video:ersions of the
Mr. Greiner (Chairman), Ms. Fischer (Vice-
ompkiris (Planning 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.
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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. PB -16 -028
Applicant: City of South Miami
An Ordinance amending the City of South M1,�ni Land Developm
20 -3.4 of the City of South Miami's Land, Development Code to
health, safety and welfare of residential drS.tricts and chap
.ge the
use approval of fraternal organizations and pnv q clubs,;1N,
Mr. Basu read the item into t
Mr. Pepe presented PB -16 -028 to
The Chairperson p- pe"ni-e&Itho ,floor to public comments ioq;P6 16-021
• None at this fii-me
;<
The Cha1rpprson closed `t to,public comi6nts on P13-16-028.
ning
Code, Article III, Sections
Cbnditions to protect the
uirments for the special
ce would-take care of the PI district, but it would not address
Oted that he is still researching as to whether the American
arking issue should be discussed as it is a very important issue. She
able 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 LDC 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 vague;:::
4. The land requirement of 1 net acre. What about the organizations that fit into a mixed use
setting that has a smaller area;
5. 20- 5.8(8)(1) of the LDC is arbitrary and vague,
6. The additional conditions are over - reaching and the City\Cornmission can add any condition
that it deems necessary;
z;
7. The existing regulations in the LDC weretdequate and gave the Planning Director the ability
to oversee the operation of the Elks Lodge.
Ms. Fischer stated that she is comfortable with t
...................
Mr. Basu stated that the Elks Lodge was a;;IE
They are now trying to become leg i confoh
Pepe stated that the, purpose of this; orclinan
over the Elks Lodge once they are a logal „cor
them to expand while protecting the surround
Ms. Tompkins stated.that the`:,
make 'the!property legal cor)fo
Cegulations outlined for frateri
Motion: Ms. Fischer moved to
Vote: Yes2. No 3
Mr. Basu:' No
Dr. Philips No
Mr. Greiner Yes'.
Ms. Fischer: Yes
Mr. Melow: No
ca
staying as a nori= donforming use.
I nonconforming use who expanded their use.
.g so that thy,. expanded use is permitted. Mr.
was to afford the Commission greater control
r e The `ordinance would also allow for
neighborhood.
cted to apply for the Special Use in order to
3rent that the Lodge did not comply with the
are listed in the LDC.
PB -16 -028. The motion was seconded by Mr. Greiner.
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
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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 comments,atld.66"ew business.
VI. Approval of the Minutes
1. Planning Board Minutes of September 1$,.2016:
Motion: Mr. Basu moved to approve the meeting minutes with changes `Mr ;:.Greiner seconded
the motion.
Vote: Yes 5, No 0 (None)
Mr. Basu: Yes
rte._ r- lI - -- - 11 - -
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