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_add-on c)Add-on c) Sponsored by: Commissioner Harris City Commission Meeting: 04-04-17 Page 1 of 2 RESOLUTION NO. _______________ 1 2 A Resolution amending Special Use Approval Resolution No. 213-16-14768 to revise the 3 conditions for a fraternal organization/private club at 6304 SW 78 Street. 4 5 WHEREAS, pursuant to Section 20-3.4(B)(2) of the Land Development Code (LDC), the 6 applicant, the South Miami/Coral Gables Elks Lodge #1676, submitted Application No. PB-16-019 7 to the Planning Board requesting a Special Use Approval to operate a fraternal organization/private 8 club at 6304 SW 78 Street; and 9 10 WHEREAS, the applicant has operated at this property, which is zoned "PI" 11 Public/Institutional, for decades which use predates the Land Development Code requirement that 12 fraternal organizations/private clubs obtain a special use approval by the City Commission; and 13 14 WHEREAS, fraternal organizations/private clubs are permitted as a special use within the 15 "PI" Public/Institutional zoning district and are subject to meeting the general conditions specified in 16 LDC Section 20-5.8 and are subject to meeting the special use requirements set forth in LDC Section 17 20-3.4(B)(2); and 18 19 WHEREAS, Section 20-3.4(B)(2) of the LDC sets forth the following special requirements 20 for fraternal organization/private clubs: (a) All such uses shall be located on a site of not less than 21 one (1) net acre in area. (b) No structure shall be located less than one hundred (100) feet from any 22 adjacent residential district; (c) No vehicular ingress nor egress shall be permitted along streets and 23 rights-of-way bordering residential zoning districts in the City of South Miami. 24 25 WHEREAS, Section 20-3.4(B)(2) of the LDC may be amended to eliminate or modify 26 subsection (b) 27 28 WHEREAS, the approval of a special use requires a recommendation from the Planning 29 Board and the approval of the City Commission after a public hearing; and 30 31 WHEREAS, at the August 9, 2016 Planning Board meeting, and following a public hearing, 32 the Board reviewed application PB-16-019 and voted 6 ayes, 0 nays to recommend approval of the 33 request for a special use to operate a fraternal organization/private club, subject to the following 34 conditions: (1) the fence on the south side of the soccer fields shall be relocated such that it doesn't 35 encroach on the SW 79th Street right-of-way; and (2) all outdoor activities shall cease at 10:30 p.m.; 36 and 37 38 WHEREAS, the City Commission desires to modify the special use approval and to require 39 the relocation of the fence when necessary and in the sole judgment of the City Manager. 40 41 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 43 Section 1. 46 Special Use Approval Resolution No. 213-16-14768, Section 1, is hereby 44 amended to read as follows: 45 Add-on c) Sponsored by: Commissioner Harris City Commission Meeting: 04-04-17 Page 2 of 2 Special Use Application PB-16-019 submitted by the South Miami/Coral Gables Elks Lodge 1 #1676 to operate a fraternal organization/private club at 6304 SW 78 Street within the "PI" 2 Public/Institutional zoning district is hereby approved. This approval is subject to the 3 following terms and conditions as well as all applicable City ordinances, codes, rules and 4 regulations: 5 1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(2) Fraternal 6 Organization or Private Club and Section 20-5.8 Special Use Approval of the 7 Land Development Code, 8 2. The fence on the south side of the soccer fields shall be relocated such that it 9 doesn't encroach on the SW 79th Street right-of-way when deemed necessary 10 by the City Manager and in the City Manager’s sole and absolute discretion 3. All outdoor activities shall cease at 10:30 p.m. 12 . 11 4. If the subject use is, in the future, determined by the Director of Planning, to 13 be adversely affecting the health or safety of persons residing or working in 14 the vicinity of the proposed use, to be detrimental to the public welfare or 15 property or improvements in the neighborhood, or to be not in compliance 16 with other applicable Code provisions, the special use approval may be 17 modified or revoked by the City Commission upon notification and public 18 hearing. 19 20 Section 2. 24 Severability. If any section clause, sentence, or phrase of this resolution is for any 21 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not 22 affect the validity of the remaining portions of this resolution. 23 Section 3. adoption by vote of the City Commission. 26 Effective Date. This resolution shall become effective immediately upon 25 27 PASSED AND ADOPTED this __ day of ______________, 2017. 28 29 ATTEST: APPROVED: 30 31 32 ________________________ ________________________ 33 CITY CLERK MAYOR 34 35 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 36 LANGUAGE, LEGALITY AND Mayor Stoddard: 37 EXECUTION THEREOF Vice Mayor Welsh: 38 Commissioner Edmond: 39 Commissioner Liebman: 40 ________________________ Commissioner Harris: 41 CITY ATTORNEY 42