03-17-09 Item 33South Miami
All•Amedca City
CITY OF SOUTH MIAMI 11111.1
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Ajibola Balogun, City Manager
From: Sanford A. Youkilis AICP, Acting Planning Director
33
Date: March 17, 2009 ITEM No.
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20 -2.3 IN ORDER
TO PROVIDE A DEFINITION OF A MOBILE PET GROOMING SERVICE AND AMENDING
SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A MOBILE
PET GROOMING SERVICE AS A "P" PERMITTED USE IN ALL RESIDENTIAL ZONING USE
DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE
BACKGROUND
In December 2008 a local resident requested approval for operating a mobile pet grooming in the City of South
Miami. The individual had already received a home occupational license for the business, however, that license is
limited to operating a business office in the residential home. The resident was advised to check with the Planning
Department to determine if the type of use was permitted to operate within the City.
Following consultation with the City Attorney the final ruling was that the use (mobile pet grooming service ) was
not listed in the Land Development Code's Permitted Use Schedule and a text amendment to the LDC would be
required. The resident also had a problem with thelparking of her service truck/van at her home because it was
classified as a commercial one -ton vehicle and a violation was issued by Code Enforcement.
In that there were a series of misunderstandings concerning what was permitted and what was considered a
violation, the City Manager requested that these issues be resolved by placing the matter before the Planning Board
and City Commission in the form of LDC text amendments.
STAFF OBSERVATIONS
(1) The specific business proposed by the resident is to provide pet grooming operating out of a van which would
park on the property and provide the grooming of a pet inside the vehicle. It is important to note that this type
of use is different from the vans and trucks which come to a residence for repair, plumbing, or maintenance
because up -keep of a building is required by Code. The mobile pet grooming service is not related to up -keep
of a home but rather a voluntary service and therefore should be set forth as a separate permitted use. The
proposed mobile pet grooming service essentially differs from the car wash and vendor uses in that it is self
contained and no evidence of the service would be visible other than the parked van.
(2) In order to operate this type of business in residential zones the mobile pet grooming service would have to be
allowed as a "P" Permitted Use (matter of right) in the RS, RT, and RM zoning districts. A, definition of the
particular use would provide conditions which assure minimum impact on the neighborhood while it is
providing service.
(3) The attached draft ordinance contains the amendment to the Permitted Use Schedule; the ordinance also
provides the following definition for the proposed use:
Section 20 -2.3
Mobile pet grooming service -Shall mean a service operated from a motorized vehicle, van, or
trailer where animals are bathed, clipped or combed for the purpose of enhancing their
appearance or health and for which a fee is charged; providing that the service is performed
on private property not owned used or rented by the business provider; and providing that
the service is to be totally conducted inside the vehicle, van, or trailer outside of public view.
PLANNING BOARD ACTION
The Planning Board at its February 24, 2009 meeting conducted a public hearing on the proposed amendment and
adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed amendments.
RECOMMENDATION
It is recommended that the proposed amendment as shown in attached draft ordinance be approved on first reading.
Attachments
Draft ordinance
Planning Department Staff Report 2 -24 -09
Planning Board Minutes Excerpt 2 -24 -09
Public Notices
SAY
X: \Comm Items\2009 \3- 17- 09 \LDC Amend Mobile Pet CM Report.doc
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ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT
CODE SECTION 20 -2.3 IN ORDER TO PROVIDE A DEFINITION OF A MOBILE PET
GROOMING SERVICE AND AMENDING SECTION 20- 3.3(D) ENTITLED
"PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A MOBILE PET GROOMING
SERVICE AS A "P" PERMITTED USE IN ALL RESIDENTIAL ZONING USE
DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the Land Development Code (LDC) currently permits "pet sales and grooming
services" as a permitted use in buildings in all retail zone districts and the TODD zoning district;
and.
WHEREAS, the LDC also allows for a mobile automobile wash/wax service as a "special
use" in all office and commercial zoning districts and also allows for mobile vendors (food,
products) in the TODD district which uses have very strict conditions and requirements which must
be observed; and
WHEREAS, a specific business proposed by the resident is to provide pet grooming services
operating out of a van which would be mobile and would provide grooming of a pet inside the
vehicle in residential zones; and
WHEREAS, a mobile pet grooming service is not listed in the Land Development Code's
Permitted Use Schedule and a text amendment to the LDC would be required; and
WHEREAS, in order to operate this type of business in residential zones the mobile pet
grooming service would have to be allowed as a "P" Permitted Use (matter of right) in the RS, RT,
and RM zoning districts, and a definition of the particular use would also be required which
definition could provide conditions which assure minimum impact on a neighborhood; and
WHEREAS, the Planning Board at its February 24, 2009 meeting, after public hearing,
adopted a motion by a vote of 6 ayes 0 nays recommending that the proposed amendments to the
Land Development Code be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning
Board and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 entitled "Definitions" of the Land Development Code is hereby
amended as follows:
Section 20 -2.3 Definitions.
49 "Mobile pet mooming service -Shall mean a service operated from a motorized vehicle, van,
50 or trailer where animals are bathed, clipped or combed for the purpose of enhancing their
51 appearance or health and for which a fee is charted; providing that the service is performed
52 on private property not owned, used or rented by the business provider; and providing that
53 the service is to be totally conducted inside the vehicle, van, or trailer outside of public
54 view."
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3 Section 2. That Section 20- 3.3(D) "Permitted Use Schedule" is hereby be amended as follows:
4
5 Section 20 -3.3 (D) Permitted Use Schedule
6 BUSINESS AND PROFESSIONAL SERVICES
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Mobile Pet Grooming Service
P
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ZONING
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DISTRICT
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K
6 BUSINESS AND PROFESSIONAL SERVICES
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Mobile Pet Grooming Service
P
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P
(Note: New wording in bold - underlined)
Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 4 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 6 This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
day of , 2009
APPROVED:
CITY CLERK MAYOR
ls` Reading —
2 °d Reading —
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
X: \Comm Items\2009\3- 17- 09\LDC Amend Mobile Pet Ord.doc
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Beckman:
Commissioner Newman:
CITY OF SOUTH MIAMI
South Miami
All-America City
2001
To: Honorable Chair & Date: February 24, 2009
Planning Board Members
From: Sanford A. Youkilis
Acting Planning Director
RE: LDC Amendment Sec. 20- 3.3(D)
Permit Mobile Pet Grooming Use
Residential Zone Districts
PB -09 -002
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20-
2.3 IN ORDER TO PROVIDE A DEFINITION OF A MOBILE PET GROOMING SERVICE
AND AMENDING SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN
ORDER TO ALLOW A MOBILE PET GROOMING SERVICE AS A "P" PERMITTED USE IN
ALL RESIDENTIAL ZONING USE DISTRICTS; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
BACKGROUND
In December 2008 a local resident requested approval for operating a mobile pet grooming in the City of
South Miami. The individual had already received a home occupational license for the business, however,
that license is limited to operating a business office in the residential home. The resident was advised to
check with the Planning Department to determine if the type of use was permitted to operate within the
City.
Following consultation with the City Attorney the final ruling was that the use (mobile pet grooming
service ) was not listed in the Land Development Code's Permitted Use Schedule and a text amendment
to the LDC would be required. The resident also had a problem with the parking of her service truck/van
at her home because it was classified. as a commercial one -ton vehicle and a violation was issued by Code
Enforcement.
In that there were a series of misunderstandings concerning what was pennitted and what was considered
a violation, the City Manager requested that these issues be resolved by placing the matter before the
Planning Board and City Commission in the form of LDC text amendments.
STAFF OBSERVATIONS
(1) The Land Development Code currently permits "pet sales and grooming services" as a permitted use
in all retail zone districts and the TODD zoning district. This of course relates to uses inside a
building.
(2) The specific business proposed by the resident is to provide pet grooming operating out of a van
which would park on the property and provide the grooming of a pet inside the vehicle. It is important
to note that this type of use is different from the vans and trucks which come to a residence for repair,
LDC Amendment
Permitted Use Amendment
February 24, 2009
2
plumbing, or maintenance because up -keep of a building is required by Code. The mobile pet
grooming service is not related to up -keep of a home but rather a voluntary service and therefore
should be set forth as a separate permitted use.
(3) The current Permitted Use Schedule allows for a mobile automobile wash/wax service as a "special
use" in all office and commercial zoning districts. In addition the City Code allows for mobile
vendors (food, products) in the old "I" zoning district which is now the TODD district. Both of these
uses have very strict conditions and requirements which must be observed.
(4) The proposed mobile pet grooming service essentially differs from the car wash and vendor uses in
that it is self contained and no evidence of the service would be visible other than the parked van.
(5) In order to operate this type of business in residential zones the mobile pet grooming service would
have to be allowed as a "P" Permitted Use (matter of right) in the RS, RT, and RM zoning districts. A
definition of the particular use would provide conditions which assure minimum impact on the
neighborhood while it is providing service.
(6)
SPECIFIC LDC AMENDMENTS
In order to allow the mobile Section 20- 3.3(D) Permitted Use Schedule must be amended as follows:
Sectinn 20 -3.3 (D) Permitted Use Schedule
RTT.STNF.SS ANT) PROFF,SSIONAL SERVICES
Mobile Pet Grooming Service P P P P P P P P P
(Note: New wording in bold - underlined)
A second amendment accessory to the permitted use schedule addition is to provide a definition for
mobile pet grooming service which would read as follows
Section 20 -2.3
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and for which a fee is charged; providing that the service is performed on private property -and is
totally conducted inside the vehicle or van outside of public view, .� e
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ZONING
DISTRICT
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USE TYPE
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RTT.STNF.SS ANT) PROFF,SSIONAL SERVICES
Mobile Pet Grooming Service P P P P P P P P P
(Note: New wording in bold - underlined)
A second amendment accessory to the permitted use schedule addition is to provide a definition for
mobile pet grooming service which would read as follows
Section 20 -2.3
a
are
-t-A au-Ab
and for which a fee is charged; providing that the service is performed on private property -and is
totally conducted inside the vehicle or van outside of public view, .� e
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LDC Amendment
Permitted Use Amendment
February 24, 2009
RECOMMENDATION:
It is recommended that the request to amend the Land Development Code Definition Section and the
Permitted Use Schedule to allow a mobile pet grooming service as a permitted use within the RS, RT,
and RM residential zone districts be approved
Attachments:
Public notices
SAY
X:\PB\PB Agendas Staff Reports12009 Agendas Staff Reports\2- 24- 09\PB -09 -002 LDC Amend Pet Groom in R's.doc
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DRAFT
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, February 24, 2009
City Commission Chambers
7:30 P.M
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairman Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Ms.
Yates, Mr. Cruz and Ms. Chael. Absent: Mr. Comendeiro
City staff present: Sanford A. Youkilis (Acting Planning Director), Lourdes Cabrera -
Hernandez (Principal Planner) and Alerik Barrios (Administrative Assistant).
III. Administrative Matters: Mr. Youkilis informed the Board the next meeting will
be held on March. 10, 2009.He commented that there has been application items submitted
and the election of Chair and Vice Chair person must be scheduled.
.IV. Planning Board Applications/Public Hearing
PB -09 -002
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT
CODE SECTION 20 -2.3 IN ORDER TO PROVIDE A DEFINITION OF A MOBILE PET
GROOMING SERVICE AND AMENDING SECTION 20- 3.3(D) ENTITLED
"PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A MOBILE PET GROOMING
SERVICE AS A "P" PERMITTED USE IN ALL RESIDENTIAL ZONING USE
DISTRICTS; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE
Action: Ms. Young read the item into the record.
Planning Board Meeting
February 24, 2009
Page 2 of 5
Mr. Morton informed the public that item number three related to commercial vehicle
parking had been deferred for the next meeting held on March 10, 2009.
Mr. Youkilis advised that the City is proposing approval for operating a mobile pet
grooming service. The individual has already received a home occupational license for the
business. However, that license is limited to operating a business office in a residential
home. The resident was advised to check with the Planning Department to determine if the
type of use was permitted to operate within the City. Following consultation with the City
Attorney the final ruling was that the use (mobile pet grooming service) was not listed in
the Land Development Code's Permitted Use Schedule and a text amendment to the LDC
would be required. The resident also had a problem with the parking of her service
truck/van at her home because it was classified as a commercial one -ton vehicle and a
violation was issued by Code Enforcement. In that there were a series of
misunderstandings concerning what was permitted and what was considered a violation,
the City Manager requested that these issues be resolved by placing the matter before the
Planning Board and City Commission in the form of LDC text amendments. Mr. Youkilis
informed the board on staff's observations and recommended to amend the Land
Development Code Definition Section and the Permitted Use Schedule to allow a mobile
pet grooming service as a permitted use within the RS, RT, and RM residential zone
districts.
Mr. Youkilis informed the Board that the individual conducting the business is present and
will speak during the public hearing.
Mr. Morton was concerned on the size of the vehicle. Mr. Youkilis commented that it is a
trailer attached to a truck. He informed the Board that Code Enforcement's main concern
was where the vehicle would be parked, the signage and the current definition.
Mr. Morton questioned where the trailer would be taken. Mr. Youkilis replied that the
trailer will be taken to the clients residence, parked on their drive way and the services will
be provided inside the vehicle. Mr. Morton commented that the way the amendment was
worded the services could be provided on the owner's property. Mr. Youkilis replied that
the wording could be adjusted to prevent that, but as of this moment Code Enforcement
has received issued for the vehicle. Mr. Morton recommended fixing the wording to be
changed to "private property not owned by the owners of the mobile pet grooming service"
Mr. Cruz questioned if this is only for the residential use. Mr. Youkilis replied yes.
Ms. Yates commented that the applicant applied for an Occupational License. Mr. Youkilis
commented that the Occupational License only limits you to the business inside the house,
but no business is to be conducted outside the home.
Chairman opened the public hearing.
Planning Board Meeting
February 24, 2009
Page 3 of 5
Speakers:
NAME
Victoria Calvin
ADDRESS
6410 SW 64 Avenue
SUPPORT /OPPOSE
Support
Ms. Calvin informed the Board that the trailer is a lawn recreational trailer that was bought
and converted by the owner. It is a 16' trailer that is pulled by an SUV. When arriving at a
client's house the vehicle is not parked on the street, but on the client's property. There is a
generator that is wired to the trailer but is quiet. In regards to the water it does not leak
since there are containers to contain all the grey water and the water is dumped in a
permitted zone. If the water were to leak out all products used are organic. The license
provided had to be a home occupational license and there are no clients are that come to
my residence to conduct business. Ms. Calvin takes an hour to conduct business and the
specialty is for pets with disabilities. After business is complete there is no damage done.
Mr. Cruz questioned how the service would work in an apartment complex. Ms. Calvin
responded that she receives special permission from the owner of the property or stays
away from the situation. However, since the issue with the license in the City there has no
business conducted in the city in fear of a fine being placed on her vehicle.
Mr. Morton questioned if it is within the regulations to park a vehicle on a home site of
that size and was this topic mentioned in the deferred item. Mr. Youkilis replied that they
have been issued violations; it's a business trailer with business signs and a different issue
on the deferred item.
Mr. Youkilis asked the business owner if she had received a fine for the trailer. Ms. Calvin
replied that she received a letter stating that the trailer needed to be relocated, but not a
fine. The signs were the issue since it is a recreational trailer.
Mr. Morton questioned if the Ms. Calvin's neighbor was present or what if the neighbors
had any feed back on the issue. Ms. Calvin replied the house next door is vacant and their
have been no complaints from her neighbors.
Ms. Yates questioned that on a temporary business basis it would be allowed, but it is not
permanently parked in its space. Mr. Youkilis replied yes.
Mr. Morton questioned if the applicant was allowed to leave their vehicle on the property.
Mr. Youkilis replied no.
NAME ADDRESS SUPPORT /OPPOSE
Janet Lancealott
Ms. Lancealott questioned where the owner would be disposing of the grey water. Is she
able to dump the water on her property or on the road. She commented that it has been an
issue with mobile car washes and many others. Ms. Calvin replied that she disposes the
grey water by watering her plants or in grey water locations at gas stations.
Planning Board Meeting
February 24, 2009
Page 4 of 5
NAME
Roxanne Scalien
ADDRESS
6925 SW 63 court
SUPPORT /OPPOSE
Support
Ms. Scalien questioned does the code permit a residence in the City to have a 16' trailer
parked on there property. Mr. Youkilis stated that a recreational vehicle does not have a
size limitation.
Mr. Morton questioned if a white canvas was placed over the trailer to cover it would that
be allowed. Ms. Scalien commented that a covering the trailer or raising the fence be
allowed. Mr. Morton commented that a 6' fence is the limit. Ms. Scalien commented that
the City is not in the position to kill business, but promote it.
Ms. Calvin commented that the Code Enforcement officers informed her that the issue
with the parking is that definition of recreational vehicle is vague. Ms. Calvin advised that
her trailer is titled as a recreational vehicle that and when the trailer was converted to have
signs and its pulling capacity of 10,000 pounds or more became the issue.
Mr. Youkilis commented that recreational vehicle does not have a size limitation it is the
graphics that is the issue.
NAME
Dean Whitman
ADDRESS
6259 SW 70 Street
SUPPORT /OPPOSE
Support
Mr. Whitman commented that the City of South Miami is a working class city and the city
should not become exclusive like the City of Coral Gables.
Chairman closed the public hearing.
Mr. Morton questioned if the Board could motion to remove the advisement when it is
parked in its non use location. Mr. Youkilis suggested two amendments to the definition:
"Shall mean a service operated from a motorized vehicle or van or trailer where animals
are bathed, clipped or combed for the purpose of enhancing their appearance or health and
for which a fee is charged; providing that the service is performed on private property not
owned by the business provider and is totally conducted inside the vehicle or van outside
of public view."
Mr. Morton questioned if the adjustment to the definition would allow the business owner
to conduct business in the City, but not park the vehicle on their property. Mr. Youkilis
replied yes.
Ms. Yates suggested leaving this concern to the next meeting since this is in reference to
the third item that was deferred.
Motion: Mr. Cruz moved to approve a mobile pet grooming service and amending Section
P
Planning Board Meeting
February 24, 2009
Page 5 of 5
20- 3.3(D) and Ms. Yates seconded with the following proposed text:
"Shall mean a service operated from a motorized vehicle or van or trailer where
animals are bathed, clipped or combed for the purpose of enhancing their appearance or
health and for which a fee is charged; providing that the service is performed on private
property not owned by the business provider and is totally conducted inside the vehicle
or van outside of public view."
Vote: 6 Ayes 0 Nays
X: \Comm Items\2009 \3- 17- 09\Excerpt Mobile PB minutes02.24.09.doc