Ord No 37-19-2350ORDINANCE 37-19-2350
An Ordinance amending the following section of the Land Development Code:
Section 20-2.3 Definitions, Section 20-3.3(D) Permitted Use Schedule, and Section
20-3.4 Special use conditions; all concerning uses that include Beauty/Barber Shop,
Personal Skills Instruction Studio, Photographic Studio and Physical Fitness
Facility.
WHEREAS, the City of South Miami (the "City") regulates land uses through definitions,
conditions, and the Permitted Use Schedule of the Land Development Code (LDC); and
WHEREAS, the City desires to modify the list of permitted and special uses within the
Residential Office (RO), Low -Intensity Office (LO) and Medium -Intensity Office (MO) zoning districts
in order to allow additional uses and change some uses from special uses to permitted uses, to serve the
needs of the community; and
WHEREAS, the City desires to modify the definition of Personal Skills Instruction Studio and
create a definition of Physical Fitness Facility to create a distinction between the two uses; and
WHEREAS, the City further desires to add conditions for Physical Fitness Facilities that must be
satisfied when such facilities are to be located in the RO, LO, and MO districts; and
WHEREAS, on October 8, 2019, the Planning Board considered the Ordinance, and following a
public hearing recommended approval of the Ordinance by a vote of five (5) ayes and one (1) nay; and
WHEREAS, the City Commission desires to amend the permitted uses in the RO district.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSINO OF THE CITY OF SOUTH MIANII, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set
forth herein and as the legislative intent of this Ordinance.
Section 2. The City's Land Development Code Section 20-2.3 is hereby amended to read as
follows:
Personal skills instruction studio. A facility in which the business teachiWs its students a dents
sash a skills such as arts and crafts, yoga, dance, exercise, martial arts, ands music in a one-on-one
setting or a class of 15 people or less and where students do not practice the skill(s) on the premises
without an instructor constantly being present. It does not include a business that provides instruction
concerning how to exercise, physical fitness, muscle building, the lifting, pulling or pushing of objects for
the pgMose of increasing stamina, muscle mass, agility or muscle response time nor instruction in any
skill involving shouting, name calling or the playing of loud music, any of which can be heard outside the
building.
Physical fitness acility. Shall mean a building which is used for sports, health and recreational
uses by the general public or by members not restricted to living within a specified area (such as facilities
Page 1 of 3
Ordinance No. 37-19-2350
provided by homeowner's association or multiple -family development). Such facilities include, but are
not limited to, tennis, basketball, or racquetball courts, swimming pools, weight training, exercise classes,
health spas and other similar uses.
Section 3. The City's Land Development Code Section 20-3.3(D) is hereby amended to read as
follows:
ZONING DISTRICT
T
T
T
T
T
0
0
O
O
O
USE TYPE
M
D
D
D
C
P
R
L
M
N
S
G
U
D
D
D
D
D
H
P
P
D
0
A
0
0
0
R
R
R
A
I
R
S
N
R
H
M
M
M
P
P
D
K
U
U
U
I
R
4
5
6
BUSINESS AND PROFESSIONAL SERVICES
Beauty/Barber Shop, or Beauty Spa
S
S
(includes nail/skin care as accessory or
P
P
P
P
P
P
P
P
P
46
11
as separate establishment)
P
P
Personal Skills Instruction Studio****
P
P
P
P
P
P
P
P
P
P
P
10
S
6
Photographic Studio
P
P
P
P
P
P
P
-16
11
P
P
46
Physical Fitness Facility****
S
S
S
P
P
P
P
P
P
11
25
**** All activities must onlv occur within a fullv enclosed, soundproof structure and all_oveninQs
shall remain closed except for immediate use when entering or leaving the building. Evidence of such
soundproofing shall be provided to the satisfaction of the City. All businesses that adjoin or abut a single-
family or multi -family zoned district may not be open before 8:00 a. m. and must close on or before 7:00
p. m.; otherwise it shall not be open before 6:00 a.m. and it must be closed on or before 10:00 p.m. No
sound emanating from the premises may be audible at the property line so as to disrupt the reasonable
conduct of basic human activities, e.g., contemplation, conversation or sleep. The fact that sound
Page 2 of 3
Ordinance No. 37-19-2350
is audible at the property line constitutes prima facie evidence of a violation of this Section of the Land
Development Code. Gross floor area of the use shall not exceed 2,000 square feet.
Section 4. The City's Land Development Code Section 20-3.4 is hereby amended to read as
follows:
(25) Physical Fitness Facility
(a) Hours of operation shall be limited to 8:00 a. m. to 7:00 p. m. if the business abuts or adjoins a
single-family or multi -family zoned district, otherwise it shall be limited to 6:00 a.m. to 10:00 p.m.
(b) All activities shall occur within a fully enclosed, soundproof structure. Evidence of such
soundproofing shall be provided to the satisfaction of the City.
(c) All activities shall occur on the ground floor of the building.
Section 5. Codification. The provisions of this ordinance shall become and be made part of the
Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
Section 6.Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts
of sections of ordinances in direct conflict herewith are hereby repealed.
Section 7. Severability. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 8. Correction. Conforming language or technical scrivener -type corrections may be
made by the City Attorney for any conforming amendments to be incorporated into the ordinance.
Section 9. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 19`s day of November, 2019.
ATTEST: n APPROVED:
�X
CITY CIFRK MAVPR
I" Reading: 11/5/19
2"d Reading: I1/19/19
READ AND APPROVED AS TO FORM
COMMISSION VOTE:
5-0
Mayor Stoddard:
Yea
Vice Mayor Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Welsh:
Yea
Commissioner Gil:
Yea
Page 3 of 3
Agenda Rem No:16.
City Commission Agenda Item Report
Meeting Date: November 19, 2019
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Rem Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the following section of the Land Development Code: Section 20-2.3 Definitions,
Section 20-3.3(D) Permitted Use Schedule, and Section 20-3.4 Special use conditions; all concerning uses that
include Beauty/Barber Shop, Personal Skills Instruction Studio, Photographic Studio and Physical Fitness
Facility. 3/5 (City Manager -Planning Dept.)
Suggested Action:
Attachments:
Cover Memo Personal Skills Physical Fitness Amend ment.docx
ORD_amending_Personal_Skills_Physical_Fitness_Faciilty_etc.jkt_10192019CA revlst Reading amendments.docx
MDBR Ad.pdf
Miami Herald Ad.pdf
MDBR Ad.pdf
CITY OF SOUTH MIAMI
South e iami OFFICE OF THE CITY MANAGER
rn - n of NIMANi i VIV, INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: Steven Alexander, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
Date: November 5, 2019
SUBJECT:
An Ordinance amending the following section of the Land Development Code: Section
20-2.3 Definitions, Section 20-3.3(D) Permitted Use Schedule, and Section 20-3.4
Special use conditions; all concerning uses that include Beauty/Barber Shop, Personal
Skills Instruction Studio, Photographic Studio and Physical Fitness Facility.
BACKGROUND:
Recent discussions led to a review of the Business and Professional Service land uses permitted
in the Residential Office (RO), Low -Intensity Office (LO) and Medium -Intensity Office (MO) zoning
districts in order to ensure residents' needs are served, neighborhoods protected, and different
uses treated in a reasonable and consistent manner. The draft ordinance recommends several
changes to the Land Development Code (LDC) to achieve these goals.
ANALYSIS:
The draft ordinance adds the following uses to the RO district: Beauty/Barber Shop, or Beauty
Spa; Credit Reporting Services; Employment Agency; Interior Decorator, Office only; Loan or
Finance Agency; Personal Skills Instruction Studio; and Photographic Studio. The ordinance also
adds Physical Fitness Facility to RO as a Special Use and creates conditions for approval. A
requirement that Personal Skills Instruction Studio and Physical Fitness Facility in RO are
specifically limited to indoor activities only and not exceed 2,000 square feet is also included to
add a measure of protection for any adjacent residential neighborhood.
In the LO and MO districts, Beauty/Barber Shop or Beauty Spa and Photographic Studio are
modified to allow them by -right, whereas they currently require a Special Use approval. As a
Special Use, they are only for the convenience of the occupants of or visitors to the principal
use of the building which seems to be an unnecessary restriction and difficult to enforce.
LDC Amendment — 110, LO, and MO
November 5, 2019
Page 2 of 2
The definition of Personal Skills Instruction Studio is amended to clarify that its intended as a
relatively low intensity use. Finally, a definition of Physical Fitness Facility is added that will
make a distinction between these uses and Personal Skills Instruction Studios. This should aid
staff in ensuring that different businesses are classified appropriately, located in the proper
districts and have the appropriate level of City review.
PLANNING BOARD RECOMMENDATION:
The Planning Board held a public hearing on October 8, 2019 and voted five (5) to one (1) to
recommend approval of the ordinance.
RECOMMENDATION:
Staff recommends approval of the proposed amendment.
Attachments:
• Draft Ordinance
• Legal ads
• Draft Planning Board meeting minutes excerpt
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday a,
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS. Legal Notices of the Miami Daily
Business Review We Miami Review. a daily (except
Saturday. Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County, Florida', that the
attached copy of ativenisemenl, being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARINGS- NOV 5, 2019
in the XXXX Court,
was published in said newspaper in the issues of
10/25/2019
Afiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami -Dade County, Florida
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Miami-Datle County. Florida, for a period
of one year next preceding the first publication of the attached
copy of advertisement and affiant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
GUILLERMO GARCIA personally known to me
;y; BARBARATHOMAS
Commission i GG 121171
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY Given that the City Commission of the City of South Miami,
Florida will conduct l3i Hearing(s) at its regular Chy Commission meeting
scheduled for Tuesday. November 5, 2019, beginning at 7:00 p.m., in the City
Commission Chambers. 6130 Sunset Drive, to consider the following hems
'A Resolution of the City of South Miami, Florida, placing a question on
the ballot for Tuesday, February 11, 2020, City General Erections, to
amend the City Charter, Article IV, SECTION 4, Subsection E relating is
Audits, to increase the maximum term of the contract between the City
and the City Auditor,
A Resolution relating to a Variance application to increase the maximum
building coverage requirement, to increase the maximum impervious
coverage requirement, to reduce the minimum side street setback requirement,
to reduce the minimum cumulative yard setback requirement, to reduce
the minimum setback requirement for concrete slabs, and to increase
the physical banner height limit for a single-family residential building
located at 5800-5820 SW 87 Street.
An Ordinance amending the South Miami Pension Plan to Implement
the Collective Bargaining Agreement Between the City of South Miami
and AFSCME, AFL-CIO and City Employees Local 3294; by Amending
Section 16-12,'Definitioni and Amending Section 16-14,'Pension benefits
and retirement date'; Providing for a Cost of Living Adjustment for
General Employees; Providing for Severabiliry; Providing for inclusion
in the Code; Providing for a Repealer, and Providing for an Effective Date.
An Ordinance amending the following sections of the Land Development
Code: Section 20-2.3 Definitions, Section 20-3.3(D) Pennitted Use
Schedule, Section 20-3.4 Special use conditions, and Section 20-7.12
Permitted and Special Uses and Parking Requirements; all concerning
uses that include Beauty/Barbei Shop, Personal Skills Instruction Studio,
Photographic Studio and Physical Fitness Facility.
An Ordinance granting a franchise to Luis Jimenez to install a sculpture on
Cry land.
An Ordinance granting a franchise to Dr. Santiago Medina to install a
sculpture on City land.
An Ordinance granting a franchise to Carlos Silva to install a sculpture
on City land.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at:
305-663-6340.
Nkenga A. Payne, CIVIC
City Clerk
Pursuant to Florida Statutes 286.0105. the City hereby advises the public
that if a person decides to appeal any decision made by this Board, Agency
or Commission with respect to any matter considered at its meeting or
hearing, he or she will need a record of the proceedings, and that for such
purpose, affected person may need to ensure that a verbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.
10/25 19-181/0000434287M
1.1
zasE I I NEIGHBORS I Y�MNuIBERUMIA 2019
ran.,,
CITY OF SOUTH MIANH
NOTICE OF PUBLIC HEARINGS
NOTICE lS HEREBY given that the City Commission of the City of South MiamL
Florida will conduct Public Heating(s) at its regular City Commission meeting
scheduled for Tuesday, November 5, 2019, beginning at 7:00 p.m" in the City
Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
A Resolution of the City of South MiamL Florida, placing a question on the
ballot for -Tuesday, February 11, 2020, City General Elections, to amend the City
Chancy Article N, SECTION 4, Subsection E relating to Audits, to increase the
maximum term of the contract between the City and the City Auditor.
A Resolution relating to a Variance application to increase the maximum
building coverage requirement, to increase the maximum impervious coverage
requirem em, to reduce the minimum side sheet setback requirement. to reduce
the mimmtnn cumulative yard setback requirement' to reduce the minimum
setback requirement for concrete slabs, and to increase the physical banierheigbt
limit for a single-family residential building located at 5800.5820 SW 87 Street.
An Ordinance amending the South Miami Pension Plan to Implement the
CoUenive Bargaining Agreement Between the City of South Miami and
AFSCMF, AFL-CIO and City Employees local 3294; by Amending Section
16-12, -Definitions"; and Amending Section 16.14, 'Pension benefits and
retiremertdate"; Providingfora Costofl.iAngAdjustmenlforGeneml Employees;
Providing. for Smitability, Providing for Inclusion in the Code; Providing for a
Repedcr, and Providing for an Effective Date.
An Ordinance amending the following sections of the Land Development Code:
Section 20-23 Definitions, Section 20-330 Permitted Use Schedule, Section
20-3A Special use conditions, and Section 20-7.I2 Permitted and Special Uses
and Parking Requirements; all concerning uses that include Beauty/Barber Shop,
Personal Skills Instruction Studio, Photographic Studio and Physical Fitness
Facility.
An Ordinance granting a franchise in Luis Jimenez to install a sculpture on City land
An OMittancc granting a franchise in Dr. Santiago Medina to install a sculpture
on City land.
An Ordinance granting a franchise to Carlos Silva to install a sculpture on City land -
ALL interested panics am invited to extend and will be heart
For further information, please contact the City Clerk's Office at 305-663-6340.
Nkenga A Payne, CMC
City Clerk
Pursuant re Florida Sututes 286.0105. the Ciry hereby advises the public that if a person decides to
appal anyrtedsion made by this Board. Agency or Commission with respect to any matter considered
at its meeting or hearing, he as she will need a record of the proceedings, and that for such purpose,
affected pavan may need to ensure that a wrbadm record of the proceedings is made which record
i nclWcs tie IcWmony and evidence upon which We appeal is to be based,
PUBLIC HEARING
State Road (SR) 826IPalmetlo Expressway Express Lanes
Project Development and Environment (PDSE) Study
From US 11SR 5f Dixie Highway to SR 836113olphin Expressway
Miami -Dade County, Florida
Financial Project Identification Number. 43263961.22.02
Efficient Transportation Decision Making (ETDM) Number. 14308
The Florida Department of Transportation (FDOT), District Su, will conduct a public hearing fa
proposed improvements to SR626foatmetla Expressway Express Lanes from US 11SR 511Oise Highway
to SR 8361Dblphin Expressway in MamFDade County. The hearing on be held on Thursday, November 7,
2019, at the West Dade Regional Library, Auditorium 1, located at SW Coral Way, Miamm, Florida 33165
from 5:30 p.m. to 7:30 p.m. This hearing win begin as an open house, with aformal presenta on string
at 6 P.M. followed by a public comment period. The study evaluated condor impivemenh that win add
highway and interchange capacity wih the implementarm of an morass lane system and interchange
ipovements.
This public hearing is being conducted to gW interested persona the opportunity to express donna views
concerning this location, conceptual design. and social, economic, and em'eamienal execs of the pmposed
inprim ments. Draft project documents will be available to public review Iran October 17, 2019 unit
November 7, 2019 at South Miami Branch Library, 6000 Sunset Done. South Miami, FL 33143; FOOT
District Six Headquaftes, 1000 NW 111 Aveue, Miami, FL 33172; West Dade Regional Liaay, 9445 Coal
Way. Marru FL 33165 and on the projectwebsitte www.idobniamidade.cmgB26exa wth.
persons vrshing b submit sixemeis, in place
of or in addom to oral stalanenb, may do m at thla
e hearing a by sendingeMa n T. 33172 a at
1000 NW 171 Avonue, Muni, FL 33172 a al
rail.quinteu@dmsuteA.us. At statements
pmv3rkedmabefmNmunbe17,2019wi
become pal of pudic record. — •.
The enwronmen(al review, consultation. and
other actions required by appacabe federal
environmemallawt forlhspmjxA ore being or
haws been, cemedoebyFDOTpusuenlfo 23
U.S.C. § 327 and a Memorandum of
UndarstaMirg dated December 14, 2016 and
executed bymeFederal liighwayAdmnafrdtion
_
(FHWA)aid FDDT.
Public panicipeten at this meeting is solirlled
wdhauf regard to race color, naAonal origin,
/® �
age, sex, ni gun, disability or family status.
- / -
Pursuam to the provisions of the Americans
coo
with Disabilities Aft, any person nequmrng
special accanmodaaMs to padRipale in has
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hearing is asked to advise the agency at Mast-
7daysbefaetMheanrgbyconlactog:Hong
Seruezal (305) 470-5219 orin walingFOOT,
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1000 NW 111 Avenue, Miami, FL 33172
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mail. hmg6endez®dotslale.pus. Ilyouare
hearing a speech impaired, pease comae
thea rencvusino TheFlorida RelavSewea. 1(MJ
9558771(TDD) a l (900) 9558770 (Vace).
MIAMI DAILY BUSINESS REVIEW
Published Daily except Salurday, Sunday and
Legal Holidays
Miami. Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
GUILLERMO GARCIA, who on oath says that he or she is the
DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily
Business Review We Miami Review, a daily (except
Saturday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami -Dade County, Florida; that the
attached copy of advertisement, being a Legal Advertisement
of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS- NOV. 19. 2019
in the XXXX Court.
was published in said newspaper in the issues of
11/0612019
Arrant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said Miami -Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami -Dade County, Flonda
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
once in Miami in said Miami -Dade County, Flonda, for a period
of one year next preceding the first publication of me attached
copy of advertisement; and arrant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said
GUILLERMO GARCIA personally known to me
""7;2•.. 8AR8ARA THOMAS
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CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that the City Commission of the CRY of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, November 19, 2019, beginning at 7.00 p.m.,
in the arty Commfeslon Chambers, 61 So Sunset Drive, to consider the
following hem(s):
A Resolution approving and authorizing the City Manager to execute
an Amendment to the 2018- 2021 Collecifve Bargaining Agreement
(Lieutenants and Captains) between the Miami Dade County Police
Benevolent Association (PBA•) and the City of South Miami and
to the 2018-2021 Collective Bargaining Agreement (Police Officers
and Sergeants) between the Florida State Lodge Fraternal Order
of Police, Inc. ('FOP') and the City of South Miami.
A resolution of the City of South Miami relating to the South Miami
Community Redevelopment Agency (SMCRA); approving, after
public hearing, the proposed SMCRA Community Redevelopment
Plan to extend the life of the SMCRA and expand its boundaries,
subject to approval by the Miami -Dade County Board of County
Commissioners; and requesting and recommending such approval.
A Resolution relating to a Variance application to increase the maximum
building coverage requirement for a single-family, residential building
located at 5800-5820 SW 87 Street.
A Resolution relating to a Variance application to increase the maximum
impervious coverage requirement for a single-family residential
building located at 5800-5820 SW 87 Street
A Resolution relating to a Variance application to reduce the minimum
side street setback requirement for a single-family residential building
located at 5800-5820 SW 87 Street.
A Resolution relating to a Variance application to reduce the minimum
cumulative yard setback requirement for a single-family residential
building located at 5800-5820 SW 87 Street
A Resolution relating to a Variance application to reduce the minimum
setback requirement for concrete slabs for a single-family residential
building located at 5800-5820 SW 87 Street
A Resolution relating to a Variance applicationto increase the
physical battier height limit fora single-family residential building
located at 5800-5820 SW 87 Street.
10
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