9Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending Section 20-3.3(D) (Permitted Use Schedule) of the City’s Land Development Code to
permit dental offices in the GR (General Retail) District, under certain conditions. 3/5 (City Manager-Planning
Dept.)
Suggested Action:
Approval
Attachments:
GR amendment re dentists Cover Memo.docx
Ord Dentist in GR DistrictJProctorCArev updated with PB.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
VIA:Shari Kamali, City Manager
FROM:Jane K. Tompkins, AICP, Planning Director
DATE:December 1, 2020
SUBJECT:
An Ordinance amending Section 20-3.3(D) (Permitted Use Schedule) of the City’s Land
Development Code to permit dental offices in the GR (General Retail) District, under certain
conditions.
BACKGROUND:
Dentists, along with other medical uses, are currently not permitted uses in the General Retail
(GR) zoning district. Until 2018 when a fire closed the building, a dentist office was operating as
a legal nonconforming use in a GR zoned property at 4000 Red Road. A dentist office had
occupied that building since 1962 when dentists were classified as permitted uses under a
previous zoning code. The code was changed sometime later, apparently in the 1980s, and
dentist offices were removed from the list of permitted uses. The office at 4000 Red Road was
allowed to continue under the nonconforming use provisions of the code.
The fire, which caused substantial damage to the building, forced the relocation of the tenants
and triggered Section 20-4.8(G) of the Land Development Code, Damage of a Nonconforming
Structure or Use:
(G) Damage of a Nonconforming Structure or Use.
(1) If a nonconforming structure or use is damaged by more than fifty (50) percent of its
replacement value, all of its rights as a nonconforming structure or use shall be terminated.
(2) If a nonconforming structure or use is damaged by less than fifty (50) percent of its
replacement value, such structure or use may be repaired or reconstructed and used as before
the time of damage. Such repair or reconstruction shall be started within sixty (60) calendar
days of such damage and shall be completed within twelve (12) months.
Since two (2) years have passed since the fire, the building’s use(s) should now comply with the
current code. The dentist who previously occupied the building wishes to return but cannot be
allowed under the current Permitted Use Schedule. In order to allow them to return, an
amendment to the LDC must be approved authorizing the use.
REQUEST:
To amend Section 20-3.3(D), the Permitted Use Schedule, to allow Dentists in the General Retail
(GR) District, provided that each property is limited to one (1) dentist office of no more than
fifteen percent (15%) of the gross floor area of the building.
2
GR Amendment re Dentists
December 1, 2020
Page 2 of 2
ANALYSIS:
The proposed amendment will allow limited opportunities for dentist offices in the GR district,
including the reestablishment of the office at 4000 Red Road. By including the restriction on
the number and size of dentist offices, the intent of GR, which is to provide a broad range of
retail uses, will still be preserved.
PLANNING BOARD RECOMMENDATION:
After a public hearing on November 10, 2020, the Planning Board voted unanimously to
recommend approval of the proposed ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
Draft Ordinance
City Notice of Public Hearing
Legal Ad
3
Page 1 of 3
Ordinance No. _____________1
An Ordinance amending Section 20-3.3(D) (Permitted Use Schedule) of the City’s Land 2
Development Code to permit dental offices in the GR (General Retail) District, under 3
certain conditions.4
5
WHEREAS, the Land Development Code (LDC) regulates Permitted Uses in the various 6
Zoning Districts;7
8
WHEREAS, the GR (General Retail) District permits a variety of service-oriented businesses9
and offices; and10
11
WHEREAS, the GR District also permits Business or Professional Offices, as long as 50 12
percent or more of the ground floor square footage consists of retail uses; and13
14
WHEREAS,Dental Offices are a valuable service to the surrounding residential 15
communities; and16
17
WHEREAS, the Planning Board held a public hearing on the proposed 18
amendment on November 10, 2020 and voted unanimously to recommend approval of 19
the ordinance; and20
21
WHEREAS, the City Commission wishes to permit Dental Offices in the GR District, under 22
certain circumstances.23
24
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 25
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:26
Section 1.The foregoing recitals are hereby ratified and incorporated by reference 27
as if fully set forth herein and as the legislative intent of this Ordinance.28
29
Section 2.Section 20-3.3(D) is hereby amended to read as follows:30
SECTION 20-3.3(D)31
PERMITTED USE SCHEDULE32
P = PERMITTED BY RIGHT
S = PERMITTED AS SPECIAL USE
COND = SPECIAL USE CONDITIONS (See Section 20-3.4)
PARK = PARKING REQUIREMENTS (See Section 20-4.4(B) and as modified by Article VIII to TODD
parking)
X = No conditions were adopted
* * *33
4
Page 2 of 3
34
35
USE TYPE
ZONING DISTRICT
R
O
L
O
M
O
N
R
S
R
G
R
M
U
A
H
T
O
D
D
M
U
4
T
O
D
D
M
U
5
T
O
D
D
M
U
6
T
O
D
D
P
I
T
O
D
D
P
R
H P
I
P
R
D
S
C
O
N
D
P
A
R
K
BUSINESS AND PROFESSIONAL SERVICES
* * *
Dentist Office In the GR District, no more than one
dentist office per building and limited to 15% of total
building gross floor area
P P P P P P P P P P P P 9
Dry Cleaning Substation (no processing) S S P P P P P P P P 16 11
Dry Cleaning Plant S S S S S S 7 11
* * * *
Section 3. Corrections. Conforming language or technical scrivener-type corrections may be 36
made by the City Attorney for any conforming amendments to be incorporated into the final 37
ordinance for signature.38
Section 4. Codification. The provisions of this ordinance are to become and be made part of 39
the City of South Miami Code of Ordinances as amended; the sections of this ordinance may be 40
renumbered or re-lettered to accomplish such intention; and the word “ordinance” may be changed to 41
“section” or other appropriate word.42
Section 5. Severability. If any section, clause, sentence, or phrase of this ordinance is for 43
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 44
affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder.45
Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 46
and parts of sections of ordinances in direct conflict herewith are herebyrepealed.47
Section 7. Effective Date. This ordinance shall become effective upon enactment.48
49
PASSED AND ENACTED this _____ day of ____________, 2020.50
51
ATTEST:APPROVED:52
53
54
By: ______________________ By: ________________________________55
City Clerk Mayor56
1st Reading –57
5
Page 3 of 3
2nd Reading –58
59
60
READ AND APPROVED AS TO FORM: COMMISSION VOTE:61
LANGUAGE, LEGALITY AND Mayor Philips:62
EXECUTION THEREOF Vice Mayor Welsh: 63
Commissioner Gil:64
Commissioner Harris:65
Commissioner Liebman:66
By: ____________________________67
CITY ATTORNEY68
6
SUNDAY NOVEMBER 22 2020 NEIGHBORS 17SE
MIAMIHERALD.COM
The sprawling food fes-
tival that draws tens of
thousands to South Beach
every February is planning
to go on as an in-person
event.
The South Beach Wine &
Food Festival has been
lining up talent for a five-
day festival that would cut
capacity to one-third of its
usual attendance of
65,000, halve the number
of events, and limit itself to
outdoor-only dinners, the
festival’s founder said.
The festival still, by no
means, would be a small,
intimate affair.
It expects to draw more
than 20,000 people for its
57 events, down from 114,
from Miami-Dade to Palm
Beach counties. And the
large, outdoor events that
have been the festival’s
hallmark will still go on,
albeit at reduced capacity,
and broken up into two
sessions with an hour-long
cleaning period in be-
tween.
“We know if we don’t do
it right, we’ll screw it up for
the entire industry,” festiv-
al founder Lee Schrager
said.
Meanwhile, the festival
has drawn out a plan
intended to curb the threat
of coronavirus transmis-
sion, Schrager said. It in-
cludes one-way lines at
events, a mask require-
ment except while seated,
health screening and tem-
perature checks, no com-
munal food and no “meet
and greet” opportunities
with celebrity chefs.
And still, Schrager said,
all that could change if
COVID-19 cases continue
to surge. More than
140,000 new cases were
diagnosed in a single day
in the United States this
week. And in Miami-Dade,
the rate of people testing
positive for coronavirus has
nearly doubled in the last
week to more than 9 per-
cent. The county had to
drop to 10 percent before
the mayor allowed
restaurants to reopen.
Scaling back the large,
outdoor gatherings has
been the festival’s focus.
The annual Burger Bash,
which usually crams 4,000
people under a block-long
beachside tent, will be split
into two sessions of 1,000
people each, including
staff. One session will run
from 6-8 p.m., the other
from 9-11 p.m. The beach-
side BubbleQ, a barbecue
and champagne event, will
serve two groups of 1,000
people each.
Smaller dinners will still
be part of the festival. But
festival goers will be seated
at individual tables de-
pending on their party’s
size. Guests who want to
sit together will have to
buy tickets together. It’s a
lesson the festival learned
from a trial run at last
month’s New York City
Wine & Food Festival,
which Schrager also
founded.
The number of national
talent flying in will also be
cut from about 400 to 100
or so, Schrager said. That
will put the focus primarily
on local restaurants and
chefs, many of whom have
garnered national acclaim.
A full slate of events will
be available by Dec. 7 at
the website, sobewff.org,
Schrager said, and tickets
go on sale Dec. 14.
Schrager said the festiv-
al “will not make one
penny this year,” and for
the first time, the festival
is reimbursing participa-
ting chefs up to $700.
The intent of holding
the festival in some in-
person way, he said, was
to support a restaurant
industry that has been
decimated by the virus’
spread.
“If we do this correctly,”
Schrager said, “we hope to
lead the way for how
events like this can be
held.”
Carlos Frías: 305-376-4624
SOUTH BEACH
South Beach food festival
will go on despite pandemic
BY CARLOS FRÍAS
cfrias@miamiherald.com
SETH BROWARNIK South Beach Wine & Food Festival
South Beach Wine & Food Festival will go on as planned
for 2021, with some adjustments because of the pandemic.
7
MIAMI DA ILY BUSINESS REVIE W
Pub lished Da ily except Saturday, Sunday and
Legal Holidays
Miami. Miami-Dade County , Florida
STATE OF FLOR IDA
COUNTY OF MIAM I-DA DE :
Before th e unders igned authority per so nally appeared
GU ILLERMO GARCIA , who on oath says that he or she is th e
DIRECTOR OF OPERATIONS , Legal Notices of the Miami Daily
Bus in ess Rev iew ffk/a Miami Review , a daily (ex cept
Salurday, Sunday and Legal Holidays) newspaper,
published at Miami in Miami-Dade County , Fl orida ; tha t th e
attached co py of advertisement, being a Le ga l Advertisement
of Notice in the matter 01
CITY OF SOUTH MIAMI-PUBLI C HEARINGS -DEC . 01 , 2020
in the XXXX Court ,
was published in sa id newspaper in the iss ues of
11 /20/2020
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.01', As. Stat. the
City's Home Rule Powers, an d the City Manager's declaration of a state
. .. . of emergency due to the Coronavirus, the City will be holding its City
Affiant further says !hal Ihe said Mramr Darly Busrness Commission Meeting VIRTUAlLY. The meeting is schedu led to begin on
Rev iew is a newspaper publ is hed at Miami , in said Miami-Dade Tuesday . December 1.2020 at 7:00 p.m . to consider the following public
County. Florida and that the said newspape r has heretofore hearing item(s):
been conti nu ous ly published in said Miami-Dade County, Florida
each day (exc ept Saturday Sunday and legal Hol idays) and A Resolution concerning approval of a Development Agreement for
, land described therein and generall y located at 5850 SW 73 Street
has been entered as second class mail matter at the post and 7331 SW 59th Avenue, South Miami, Flo for a largesca le mixed -use
office in Miami in said Miami-Cade County , Florida , for a pe riod development with 248 residential untts and proposed building inte nsHy of
of one year next preceding the first publica tio n of the attached 36,395 square feet of commercial space, proposed population densities
copy of advertisement : and affiant further says that he or she of 611 people, a·parking garage and a proposed height of 118 feet
has neither pa id nor prom ised any person , firm or corporation eight inches; a copy of the proposed agreement is available in the
City 's Clerk's office. any discount , rebate , commission or refund fOf the purpose of
secu ri ng this advertisement for publication in th e sai d
newspaper. ~-Cj~
20~:2020
(SEAL) ~
GU ILLERMO GARCIA personally known to me
,i~"'i;f;;., CHI¥STINlI LYNN RAVIX ,f tk. \.; Commission' GG27 7771
\~i;~·:~~f Expires November 19, 2022 .. r·· ... ·o .. ·· .... ~~.~.... Bonded 11"nI Troy f ain Ins"rar.Cc:! 800':;65-101?: r,
" .--'
An Ordinance pursuant to Section 20-5.7 and other applicable provisions
of the City of South Miami land Development Code modifying Artic~ VIII,
Section 20-8.3 regarding the Transit-Oriented Development District
Mixed-Use Market (TODD (MU-M)).
An Ordinance amending Section 20-3 .3(0) (Penn ltted Use Schedule)
'of the City's Land Development Code to permit dental offices in the
GR (General Retail) District, under certain conditions.
Governor DeSantis's Executive Order (E.O.) Number 20-69 suspended that
portio n of Section 166.04 '(4), Fla. Stat., that required a quorum to be
Wysically present to adopt resolut ions-and enact ordinances.. If E:0:-No.
20-69 is exte nd ed, City staff and all Commission members will participate
by vid eo conferencing through the Zoom platform and members of the
public may join the meeting via Zoom at (tlttgs:l/zoolJl.uslI/30S66363381
and partiCipate. If E.O. No. 20-69 is not extended , three members of the
City Commissioner will be physically present in the City Commission
Chambers 1 and th ey will be broadcast on the Zoom plattonn along with ali
other members of the Commission, City Staff and the public who may attend
remotely from other locations. If you desire to present evide nce or you are unable
to use Zoom, there are procedu res to follow and other options available including a
ded icated phon e line to lis ten and parti cipate in the meeting and limited
public attendance, all of which is set forth in the meeting notice posted at City
Hall and at !!!1Q:1 www.southmiamifl. ov SeO/Publi c-Meetin s -N otices.
Anyone who wishes to review pending application, supporting docu mentatiOtl or
who desire to have documents mad e available for viewing by BV8f)'Of1e during
the meeting must contact the City Clerk by calli ng 305-663-634 0.
8
Note that pursuant to Florida Statutes 286.0105, a person who decides to
appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings
will be required for said appeal and such person will be required to have a
verbatim transcript of the proceedings including the testimony and evidence
upon which the appeal Is to be based.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service in order to participate in a City program ,
aGtivity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive,
South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC
City Clerk
1 The minimum standards for adopting a resolution or enacting an ordinance
are set forth in 166.041(4) ... A majority of the members of the governing body
shall constitute a quorum. An affirmative vote of a majority of a quorum
present is necessary to enact any ordinance or adopt any resolution ....
11120 20-61/0000499761M
9