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Res No 070-17-14871RESOLUTION NO. 070-17-14871 A Resolution amending Special Use Approval Resolution No. 213-16-14768 to revise the conditions for 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-I6-019 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 pennitted 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 pennitted 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-I6-0 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 modify the special use approval and to require the relocation of the fence when necessary and in the sole judgment of the City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Special Use Approval Resolution No. 213-16-14768, Section 1, IS hereby amended to read as follows: 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" Page 1 of2 Res. No. 070-17-14871 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. 2. 3. 4. Adhere to the Special Conditions applicable in Section 20-3.4(8)(2) Fraternal Organization or Private Club and Section 20-5.8 Special Use Approval of the Land Development Code, 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 when deemed necessmy by the City Manager aBel is the City ManageF's sale BREI ahsalate EIiseretias.with the awroval of the City Commission. All outdoor activities shall cease at 10:30 p.m. 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. Ifany 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 4th day of April, 2017. ATIEST: APPROVED: ~ I!rt~ MAYO COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Liebman: Yea Commissioner Harris: Yea Page 2 of2