Ord No 29-21-2419ORDINANCE NO. 29-21-2419
An Ordinance amending the City of South Miami Land Development Code,
Chapter 20, Section 20-3.6(V), to provide an exception for outdoor running
programs.
WHEREAS, Section 20-3.6(V) currently does not allow running programs to operate
other than inside a structure; and
WHEREAS, running programs are difficult to operate inside of a structure unless the
structure is extremely large and designed for such use; and
WHEREAS, running is a very important aspect to many people's lives and an important
tool to help people become healthy; and
WHEREAS, the City desires to amend Chapter 20 of the Land Development Code to
provide for outdoor running programs as an allowable outside use; and
WHEREAS, the Planning Board reviewed this ordinance on November 9, 2021 and
voted five (5) ayes to one (1) nay to recommend approval.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, 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. Chapter 20, Section 20-3.6(V), of the City of South Miami's Land
Development Code is hereby amended and shall read as follows:
20-3.6 -Supplemental regulations.
***
(V) Commercial Activity Conducted Outside of a Building.
(3) Recognized outside uses.
(a) The following permitted and licensed uses are recognized as commercial activities
that, by the nature of the business, are required to be, or are more efficiently,
conducted outside of a building. However, the placement of retail merchandise
outside of a building by the listed businesses must nevertheless comply with the
requirements, limitations and conditions concerning displays of merchandise
outside of a business as set forth in this Subsection (V). These uses may be
limited by the permitted use table in Section 20-3.3(D). All property owners and
business owners whose business activities is first conducted in the City after
October 1, 2021, and all restaurants no matter when their activity began, must
obtain a non-transferable annual permit for the following activity:
Page 1 of3
Ord . No . 29-21-2419
(i) Agricultural fanning activities on public property ;
(ii) Vehicle re pair and d e tai lin g;
(iii) Vehicle sa les;
(iv) Motor ve hicl e se rv ic e stations ;
(v) Bicycle rent a ls, sa le s, and serv ic e;
(v i) Co mmerci a l nurse ri es;
(vii) Outdoor dining/seating areas w he n part of a permitted and lic e n se d
re s taurant.
(v iii) Outdoor runnin g program s in th e Co mm e rcial Co re.
Section 3. Corrections. Co nform ing la ng ua ge o r technical s crive ner-type corr ec tion s
may be made by the C ity Attorney for any conforming a m e ndm en ts to b e incorporate d into th e
final ordinance .
Section 4 . Codification . The provi s ion s of thi s o rdin a nc e wi ll become an d be made pa rt
of the City of South Miami Land Development Code a s a m e nded ; t hat th e se ction s of thi s
ordinance may be renumbered or re-I ette red to acco mpli s h s u c h in te nti o n ; a nd th a t the word
"ordinance" ma y be changed to "section" or ot he r ap prop riat e wo rd.
Section 5 . Ordinances in C onnict. A ll o rdin ances o r pa rt s of o rdinances and all
se cti o ns and part s of s ections of o rdinances in direct con fl ic t he re w ith a re hereby rep ea le d .
Section 6. Severability . If a ny section , cl a use . se nt e nce , o r phrase of thi s ord inance is
for any rea so n held in va l id o r uncon s t ituti ona l by a co urt of competent juri s diction , thi s holdin g
will not affect the va lidity of the remainin g port io ns of th is ord in a nce.
Section 7. Effective Date. Thi s o rdi n ance wi ll become effec ti ve upon e na c tment.
PASS E D AN D ENACTE D thi s 16th day of N ovember, 202 1.
ATTEST:
151 Read ing -10/19/2 1
2 nd Reading -11 /16/21
AP PROV E D:
Page 2 of 3
Ord. No. 29-21-2419
COMMISSION VOTE :
May or Philip s :
CO Illmi ss ion e r H a rri s :
Commi ss ioner Gil:
Co mmi ss io ne r Li e bman:
Commi ss ioner C orey:
Pa ge 3 o f3
4-0
Ye a
Ye a
Yea
Re c us e d
Yea
City Commission Agenda Item Report
Meeting Date: November 16, 2021
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Ordinance
Agenda Section:
Subject:
Agenda Item No: 11.
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Section 20-3.6(V), to
provide an exception for outdoor running programs. 4/5 (Commissioner Corey)
Suggested Action:
Attachments:
Cover Memo re Sec 20-3.6(V) PB vote.docx
PB-21-017 Draft PB Regular Meeting Minutes Excerpt -11-09-2021.pdf
MH ad.pdf
MDBRAd.pdf
1
THE CITY OF PLEASANT LIVING
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: November 16, 2021
SUBJECT:
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Section 20-
3.6(V), to provide an exception for outdoor running programs.
BACKGROUND:
Section 20-3.6(V) of the Land Development Code regulates commercial activity conducted
outside of a building. The code recognizes that certain types of uses, by their nature, are required
to be, or are more efficiently operated, outdoors and specifically exempts them from the
regulations. Running programs are not on the list of exempt uses, and therefore must be
conducted indoors. Such programs, however, are difficult to conduct indoors except in buildings
specifically designed for such activity and there are no such buildings in South Miami.
ANALYSIS:
The proposed amendment adds Outdoor Running Programs in the Commercial Core to the list of
activities that may be conducted outdoors.
PLANNING BOARD RECOMMENDATION:
The Planning Board reviewed the ordinance on November 9, 2021 and voted five (5) to one (1)
to recommend approval.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
• Draft Ordinance
2
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, November 9, 2021
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section SA-5, requires that aI/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 members of the city commission or members of
any city board, concerning a matter that could foreseeably be address by the city commission or a city
board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a
representative of a principal at a quasi-judicial hearing, experts who present scientific or technical 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 requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city's website (www.southmiamifl.gov).
I. Call to Order
Action: Mr. Miller called the meeting to order at 7:00 P.M.
Mr. Pepe provided the Board and public with the rules for the meeting.
II. Roll Call
Board Members Present Constituting a Quorum: Mr. Jay Miller (Vice-Chairperson), Mr. Orlando
Borges, Mr. Lee Jacobs, Mr. Subrata Basu, Mrs. Michelle Readon, and Ms. Guirla H. Dodard.
Board Members Absent: Ms. Lisa Bonich (Chairperson).
City Staff Present: Ms. Jane Tompkins (Planning Director), and Mr. Marcus Lightfoot (Senior
Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
None at this Time
1
6
IV. Public Hearings:
1. PB-21-017
Applicant: The City of South Miami
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Section
20-3.6(V), to provide an exception for outdoor running programs.
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Mr. Miller read PB-21-017 into the record.
Ms. Tompkins presented the item to the Board.
Mr. Borges asked what the rationale was behind bringing the creation of this item. Ms. Tompkins
responded that the item was brought forward by a member of the City Commission.
Mr. Miller asked if the ordinance would have an impact on both Stunna's Fit and FootWorks, two
(2) businesses in the City that have running programs. Ms. Tompkins responded that she was not
aware of any running programs for the business on SW 62nd Avenue (Stunna's Fit) but is aware of
the running programs held by "FootWorks on Sunset Drive. She then added that the draft
legislation would have an impact on their business and would legitimize them.
Mr. Pepe stated that the City Commission made an amendment to the ordinance during First
Reading on the item. That amendment added the following wording on page 2, line 18:
"(viii) Outdoor running programs in the Commercial Core."
Mr. Pepe then stated that the draft ordinance would be less restrictive, requiring a 5/5 vote by
the City Commission. By limiting the amendment to just the Commercial Core which includes SW
62nd Avenue, then only 4/5 votes would be required. Furthermore, because there is nothing in the
Charter that created the Commercial Core that requires that the boundary line along SW 62 nd
Avenue be down the center, it would include the right-of-way and both sidewalks along SW 62 nd
Avenue.
Mr. Borges asked if this item went to the City Commission for First Reading before coming to the
Planning Board, to which Mr. Pepe stated yes. After Mr. Borges stated that he was confused, Mr.
Pepe stated that the item had to be reviewed by the Planning Board before it can be enacted, and
it wouldn't be enacted until Second Reading. Mr. Borges then asked what the outcome of First
Reading was, to which Mr. Pepe responded that he believes the vote was unanimous and that the
amendment would read outdoor running programs in the Commercial Core.
Mr. Borges asked what it looked like practically daily. Mr. Pepe stated that a person could run on
the sidewalk adjacent to SW 62 nd Avenue or Sunset Drive in the Commercial Core. Mr. Borges then
asked if someone would be allowed to run on the bike path, to which Mr. Pepe responded that
this ordinance would only affect commercial activity. Anyone can run anywhere on their own time
throughout the City and there is no restriction on it. This amendment only addresses commercial
entities who wish to have running programs as part of their business.
2
7
Mr. Miller stated that the amendment allows the commercial activity to occur sponsored by a
commercial business. It doesn't address rights-of-way to which Mr. Pepe agreed. Mr. Miller then
stated that he was supportive of the amendment, to which Mr. Borges agreed.
Mr. Basu asked if the amendment was the result of a complaint from someone to which Mr. Pepe
stated yes. Mr. Jacobs then stated that this ordinance seems like an exemption for Stunna's Fit.
He then stated that he would like to see if the residents that are adjacent to Stunna's are
comfortable with this amendment. Mr. Pepe then added that neighbors complained about
Stunna's outdoor activity which in turn caused Stunna's to complain about FootWorks outdoor
activity which triggered an investigation by the City which revealed that they were in violation of
operating outside.
The Chairperson opened the floor to public comments on PB-21-017 .
• Manny Alonso -Mr. Alonso, via Communications Media Technology (CMT), suggested that
the amendment be extended it beyond the sidewalk all the way to the alleyway so that
participants who are running loop around instead of running up and down the sidewalk.
The Chairperson closed the floor to public comments on PB-21-017.
Mrs. Readon stated that there are times in the morning where she sees the participants from
Stunna's Fit running. They're normally in the gated parking lot and stated that she didn't see
where it was affecting anyone. Mr. Jacobs responded that he's seen it in the afternoon where it's
a formidable amount of their participants running on both the sidewalk and the bike path.
Mr. Borges stated that the City has a fiduciary responsibility to every business owner in the City
to run their business in peace.
With no further discussion, the Board made a motion on the item.
Motion: Mr. Borges moved to approve PB-21-017 as presented. The motion was seconded by Mr.
Miller.
The board then discussed the motion.
Vote: Yes 5, No 1 (Jacobs)
Mrs. Readon: Yes
Mr. Basu: Yes
Mr. Jacobs: No
Mr. Borges: Yes
Ms. Dodard: Yes
Mr. Miller: Yes
The motion to approve PB-21-017 was approved by the Board.
V. Public CommentS/New Business
3
8
The Chairperson opened the floor for public comments and any new business.
Public Comments Section
There were no Public Comments.
New Business Section
There was no business discussed.
The Chairperson closed the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of October 12, 2021:
Motion: Ms. Dodard moved to approve the meeting minutes as presented. The motion was
seconded by Mr. Jacobs.
Vote: Yes S. No 0. Abstained 1 (Borges)
Mr. Basu: Yes
Mr. Jacobs: Yes
Mrs. Readon: Yes
Ms. Dodard: Yes
Mr. Borges: Abstained
Mr. Miller: Yes
The motion to approve the meeting minutes was unanimously approved by the Board.
VII. Future Meeting Date: December 14, 2021
VIII. Adjournment
The meeting was adjourned at 8:40 P.M.
4
9
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10
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as ., .... "n en tered as s d-' econ .... ass mail matter 01 the
office In Miam i In said Miami -Dode County , FlOrida, lor a :.~
01 one year next preced in g the first ,"b',eal,'on ... 01 the attaChed
copy of advertisement; and affiant furt he r says thai he h
:as neither pa id nor promised any person, firm or col;a:o~
ny ~,scounl, re bate , commission or refund 10/ the purpose I
securing th i s ad vertisemen l for ' a publrcaUon In the said
ne\'lSpaper. ~~~C;cvd
5?}' N~A.D'202~
• (S L)
GUILLERMO GARCIA personally knQ',.,.n to me
/1}l:;/!.\~" CHRISTI~lYNN RAVIX
,', '" Commlssioo # GG 277771
"~~o .... i? exp ir es November 19, 2022
, .• ,,~.!~ •.. , Boodo6 Thru Troy Faklll'lsunnco BOOJB>7019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City 01 South Miami to functio n and conduct
\<ital business durin g the COVID 19 pandemiC and, at the same time . to prolect
the health. salety and welfare 01 its citizens, officers. offidals and admlnistrati ve
staff, and purs uan t City 01 South Miami Code. Chapter 286,011, Re. Stat .
the City's Home Rule Powers. and City Mat\ager's declaration of a stat e of
elnlllgeflC'/ due to th e CoronaWus. the City wiD be hoIdiog its City Com mission
Meeting five In chambef5 and VIRTUALLY through communications moo!a
technology {C MT} until the stale 01 em9{gency has ended or soclaI distancing
is no lon ger required by any relevant Executive Orders. All Commission
memberS will participate In Chambers or by video conferencing through
the Zoo m platform and members of the public may lOin the meeting via
Zoo m at OillRs:flZOOIlJ.;.!,!..s1j~_O..§.~~63a_8l and participate. At a minimum, at
least thre e members of thO City Commissio n will be physlcally present In
the City Commiss ion Chambers 1 and they will be broadcast on the Zoom
pialform along wllh all olher members of the CommIssio n. €ity Staff and
Ihe publi c who may attend remotely from the Commission Chambers and
from other locations,
TIle mee ting is scheduled to begin on 1Y..~. November 16 2D21 at 7:00 P..:!Ih
to consTder the followi ng publ!c hearing itemls):
A Resolution authorizing the City Manager to enter into a mult-year contract
with 8eefree, llC for on ·Demand Transportation Service 0010 a piggyback
agreement from the City 01 Aventura.
A Resolution 01 the Gity Commission of tfie City of South MiamI, Florida,
pursuant to Section 197.3692, of the Ronda Statutes .. providing fo r a
Unif orm Method of Collectfng Non-Ad Valorem Assessments for SoUd
Waste Collection and Disposal . authoriiIng the Gity Manager to ent er
into an lntertocal Agreement with Miami-Oade County to place the City's
proposed Non -Ad Valorem A.ssElSSIOO1\s for Sole waSte GoIledion aM
oisposal on th e Miaml~Dade eounty Tax sm .
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•
M iami
An Ordinance amending the City of South Miami Land Development Code,
Chapter 20, Section 20-3.6N). 10 provide an exception for outdoor
running programs,
An ocdinance amending the City of Sooth Miami Land Development Code
SecUon 2D-3,6M amending the provisions regarding sound emanating
from within a building.
An Ordinance relaJ.ed to the fee schedule; amending Ordinance No. 1$.21-2405
to revise descriptive language, to edit oxisting fees, and to add new fees
to the schedule.
If you desire to present evidence or you are unab le to use Zoom, there are
procedures to follow and other option! avallable induding a dedicated phone
line to lislen and participate in the meeUng and limited pubUc attendance.
a1l of which Is set forth in the meoting notice posted at City Hall and at
b!!l>~sm!lbm1;lm!lLlloyJ_§!Ulll'ubJlc.:M .. tln9.s~~ot~_ Anyone who
wishes to n:Mew pending appfrcatbo, su~ documentation Of who desire
to have documents made available for viewing by everyone during the meeting
must contaC1 the City Clerk by calling 305-663.s340.
Note that pursuant 10 Rorida Statutes 286.0105, Q person who decldes to
appeal any d_ mad<> by a Board. Agency or Commission with respect \0
any matter consideted al its mooing or hearing. a record of the proceedings
will be required for said appeal and such person win be required to have a
verbatim transcript of the procoedings induding tt'Ie tostimony and evidence
upon which the appeal is to be based.
1 The minimum standards fOf adopting a resolution or ooacling an ordinance
are set forth In 166.041(4) ••• A majority of the members of the goveming body
shall constitute a quorun. AIl alfirmative vote of a malority of a quorum presenl
is necessary to enact any ordinance Of adopt any resolution ....
ADA: To request a modifICation to a policy. practice Of procedure or to request
an auxiUary aide Of service In order to participate in a City program, actMty
or event., you must on or before 4:00 p.m. 3 business days before tfie meeting
(001 counting the day of the meeting) deliver your request to the CAty CIEri\:
by telephone: 305-663-6340. by mail al 6130 Sunset Drive, South Miami.
Florida or email at npayneOsouthmlamlfl.gov.
Nkenga A. Payne. CMC , FCRM
CityOerk
11/5 21-8110000561328M
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