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05-06-08 Item 15South Miami kXAbd All- America City F CITY OF SOUTH MIAMI INCORPORATED �© • �`� o ato P • 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, Acting Planning Director o Date: April 22, 2008 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- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A PHYSICAL FITNESS FACILITY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL 'ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE APPLICANT'S REQUEST The applicant, M.Cycle Gym, LLC. has submitted Planning Board Application PB -08 -012 requesting that the City's Permitted Use schedule be amended to allow a physical fitness facility as an "S" Special Use in the "GR" General Retail Use District. The current Permitted Use Schedule in the Land Development Code allows a physical fitness facility as a special use in the City's office (LO,MO) zones and in the Hometown District (SR) and TODD zoning districts as a permitted use (matter of right). It is important to note that the submitted application is a request to change the general text of the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the zoning use district in which the use would be allowed. STAFF OBSERVATIONS (1) The applicant's interest in changing the Permitted Use Schedule is related to their current business which is located in a GR zoning district. This business has been operating in the same location since 1996. The business operated under an occupational license as a "personal skills instruction studio" which is a permitted use in the GR zoning district. In 2006, a new owner of the business filed for their annual occupational 'license and provided an updated description of the use in the buildings. The City as part of a routine zoning review of the license application discovered that the business operating on the site was a physical fitness facility, which is essentially a health club. A health club is defined in the American Planning Association Glossary of Zoning and Planning Terms "as a facility where members or non- members use equipment or space for the purpose of physical exercise ". This type of use is not pennitted in the GR zoning district and the owner was issued violation notices. (2) The owner is now pursuing a solution to the problem by seeking to change the Code to allow a physical fitness facility in the GR district. If this application is approved the owner may seek special use approval to locate at a specific location in the GR zone. 0) (3) The location of physical fitness facility (gym) is. appropriate along major arterial streets such as Bird Road or S. Dixie Highway. A physical fitness facility is compatible with other uses pennitted in the GR zone such as restaurants, automobile dealers, offices and retail stores. (4) The classification of the use as a "special use" allows -for the City to have discretionary authority over the location and impact of any future proposed physical fitness facility in a GR zone. This is very important because a significant portion of GR zoned properties abut or are very near residential areas. PLANNING BOARD ACTION The Planning Board at its March 25, 2008 meeting adopted a motion by a vote of 7 ayes 0 nays recommending that the Land Development Code Permitted Use Schedule be amended to allow a physical fitness facility as a special use within the GR, General Retail zoning district. RECOMMENDATION: It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow a physical fitness facility as a special use within the GR, General Retail zoning district be approved on first reading. Backup Documentation: Draft Ordinance Application Applicant's Letter of Intent Planning Department Staff Report 3 -25 -08 GR Permitted Uses Planning Board Minutes Excerpt 3 -25 -08 Public notices X: \Comm Items\2008 \4- 22- 08 \LDC Amend Fitness Fac in GR CM Report.doc 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 IV AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A PHYSICAL FITNESS FACILITY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL" ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Application No. PB -08 -014 was submitted to the Planning Department by M. Cycle Gym, LLC, said application requesting that Section 20- 3.3(D), Permitted Use Schedule of the City's Land Development Code be amended to permit a physical fitness facility as an "S" Special Use in the "GR" General Retail zoning district; and WHEREAS, after review, the Planning Department recommended amending Section 20- 3.3(D) "Permitted Use Schedule," of the City's Land Development Code to allow a physical fitness facility as an "S" Special Use in the "GR" General Retail zoning district; and WHEREAS, on March 25, 2008 after Public Hearing regarding the proposed amendment to LDC Section 20- 3.3(D) the Planning Board approved a motion by a vote of 7 ayes 0 nays recommending that a physical fitness facility be allowed as an "S" Special Use in the "GR" General Retail zoning district; 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- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land Development Code is hereby amended to read as follows: Section 20 -3.3 (D) Permitted Use Schedule BUSINESS AND PROFESSIONAL SERVICES Physical Fitness Facility S S ZONING P DISTRICT P 16 R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Physical Fitness Facility S S P P P P 16 11 S * Parking requirement category 11 requires 1 space or per 300 sq ft (Note: New wording in bold - underlined) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 3. 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 4.This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK 1 st Reading - 2 °d Reading- READ AND APPROVED AS TO FORM: CITY ATTORNEY day of 52008 X: \Comm Items\2008 \4- 22- 08\LDC Amend Fitness Fac in GR Ord. doc APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: ® City of South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 668 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 7500 SW 61 st Avenue and Lot(s) Block Subdivision Meets & Bounds: -` 6114 South Dixie Highway PB -- N/A Applicant M Cycle Gym, LLC Phone: /1 Y-elD Representative: Lauren M. Harper, Esq. Organization: SJJhutts & Bowen LLP Address: 201 S. Biscayne Blvd., Suite 1500 Phone: (305) 358 -6300, x 9496 Miami, FL 33131 Property Owner. Signature: Mailing Address: N/A Phone: Architect/Engineer: Phone: N/A AS.THE APP ANT, PLEASE INDICATEIDUR RELATIONSHIP TO THIS PROJECT: DOwner Owner's Representative Contract to purchase []Option to purchase ✓ renant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: Pr Text Amendment to LDC variance PLEASE CHECK ALL THAT APPLY: E✓ Letter of intent ❑Zoning Map Amendment pecial Use ( Justifications for change ❑PUD Approval OSpecial Exception ❑ Statement of hardship PUD Major Change ❑Other (Waiver of Plat) ❑ Proof of ownership or letter from owner ❑ Power of attorney Briefly explain application and cite specific Code sections: QContract to purchase FICurrent survey (1 original sealed and Text Amendment to Permitted Use Schedule to allow a "Physical signed/1 reduced copy @ 11" x IT) 15 copies of Site Plan and Floor Plans "Special "GR ") Fitness Facility" as a Use" within the General Retail ( Zonin district. 1 reduced copy 11" x 17" ❑ 20% Property owner signatures or Affidavit attesting to mail notice sent Section: Subsection: Page #: Amended Date: Sections: 20 -5.7; 20- 3.3(D) ❑ Mailing labels (3 sets) and map Required Fee(s) The un igned has read this completed application and represents that the information and all submitted materials are true and co to a best of the a c is Enowledge and belief. Applicant's Signatur d titl O� Da submitted materials will be reviewed for compliance with the Land Development Code and other s found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing 3 -;l -OR Date of Commission Petition Required Petition Accepted I ,3 4 O:�- Method of Payment 11/19/07 2621806_1.PDF SH�TTS BOE�N LLP ATTORNEYS AND COUNSELORS AT LAW LAUREN M. HARPER, ESQ. Member Florida Bar (305) 415 -9496 Direct Telephone (305) 415 -9896 Direct Facsimile February 29, 2008 VIA HAND DELIVERY Mr. Sanford Youkilis, AICP Interim Planning & Zoning Director Planning & Zoning Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: M Cycle Gym, LLC - Letter of Amendment to Permitted Use Schedule Dear Mr. Youkilis: E -MAIL ADDRESS: Iharper @shutts.com Intent and Justification for Text This firm represents M Cycle Gym, LLC ( "Applicant "), a tenant with a lease -hold interest in approximately 4,222 square feet of space located at 7500 SW 61" Avenue and 6114 South Dixie Highway (collectively, the "Property "), within the Harlee Center and the City of South Miami, Florida ( "City "). The Applicant operates M Cycle Gym, a personal fitness studio and spinning gym that has operated in such capacity on the Property since 1996. The Property lies within the General Retail ( "GR ") zoning district. I. THE REQUEST The Applicant hereby requests that the City approve a Text ,Amendment to the Permitted Use Schedule of the City's Land Development Code ( "LDC ") to allow a "Physical Fitness Facility" as a "Special Use" within the GR zoning district (the "Text Amendment "). The Applicant proposes the following specific text change to the City's LDC: A. Section 20- 3.3(D) /Permitted Use Schedule: Insert a "S" (which is the notation for "Special Use ") at the intersection of the "Zoning District" column for "GR," and the "Use Type" column for "Physical Fitness Facility." MIADOCS 2621812 1 1500 MIAMI CENTER • 201 sourii BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • \ILLA11 (305) 358 -6300 • FACSIMILE (305) 381 -9982 • WEBSITE: \�Avw.shutts- lawxon \liA \II I'ORT LAUDERDALE Wf:.s r V\i.m BEACId ORLANDO T:1 \IPA TALLAH:\SSEE AMSTERDAM Mr. Sandy Youkilis, AICP February 29, 2008 Page 2 II. THE JUSTIFICATION A physical fitness facility is an ideal supplementary use for the GR zoning district and should be permitted as a "special use" through the Text Amendment. A physical fitness facility use is compatible with the various uses already permitted "by right" within the GR zoning district, which includes a "personal skills instruction studio" and a "sporting goods store ". Furthermore, the Text Amendment will provide the City with the discretion to allow a physical fitness facility in the GR zoning districts which abut the Specialty Retail/Hometown District Overlay ( "SR/HDO ") and Transit Oriented Development District ( "TODD ") zoning districts. The Text Amendment is compatible with the various uses permitted "by right" within the SR/HDO and TODD zoning districts, both of which permit physical fitness facilities "by right ". Moreover, such a Text Amendment can perpetuate the goals of the SR/HDO and TODD zoning districts by enhancing the economic and social vitality within and around the City's downtown center and transit hub. III. THE SPECIFIC PROPERTY AFFECTED The Applicant requests the above Text Amendment so that it may continue to operate M Cycle Gym on the Property in the same manner in which it has operated successfully for the past twelve (12) years. As you may be aware, the City recently rejected the Applicant's occupational license application, which in contrast from the previous owner's characterization of M Cycle Gym on such applications, accurately states the nature of the business. The Property, which fronts South Dixie Highway, is located at the portion of the GR zoning district that is adjacent to the SR/HDO zoning district, separated only by SW 61St Avenue. The Property is also located across the street (South Dixie Highway) from various TODD zoning districts. We appreciate your attention to this matter and look forward to your favorable review and recommendation in connection with this application. Please do not hesitate to contact us should you have any questions. Very truly yours, Lauren M. Harper LMH /gw MIADOCS 2621812 2 MIADOCS 2621812 1 0� 'fir Q INCORPORATED 1927 � CITY OF SOUTH MIAMI To: Honorable Chair & Planning Board Members From: Sanford A. Youkilis, AICP I Acting Planning Director .. South Miami All-America City 2001 Date: March 25, 2008 RE: LDC Amendment Permit Fitness Facility in GR District PB -08 -012 Applicant: M Cycle Gym, LLC. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A PHYSICAL FITNESS FACILITY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE SUMMARY The applicant, M.Cycle Gym, Inc. is requesting that the City's Permitted Use schedule be amended to allow a physical fitness facility as an "S" Special Use in the GR, General retail Use District. The current Permitted Use Schedule in the Land Development Code allows a physical fitness facility as a special use in the City's office (LO,MO) zones and in the Hometown District (SR) and TODD zoning districts as a permitted use (matter of right). It is important to note that the submitted application is a request to change the general text of the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be applicable to all properties located in the zoning use district in which the use would be allowed. The GR zoning district is located only along S. Dixie Highway and Bird Road. STAFF OBSERVATIONS (1) The applicant's interest in changing the Permitted Use Schedule is related to their current business which is located in a GR zoning district. This business has been operating in the same location sincel996. The business operated under an occupational license as a "personal skills instruction studio" which is a permitted use in the GR zoning district. In 2006, a new owner of the business fled for their annual occupational license and provided an updated description of the use in the buildings. The City as part of a routine zoning review of the license application discovered that the business operating on the site was a physical fitness facility. This type of use was not permitted in the GR zoning district and the owner was issued violation notices. (2) The owner is now - pursuing a solution to the problem by seeking to change the Code to allow a physical fitness facility in the GR district. If this application is approved the owner may seek special use approval to locate at a specific location in the GR zone. LDC Amendment Permitted Use Amendment March 25, 2008 (3) The location of physical fitness facility (gym) is appropriate along major arterial streets such as Bird Road or S. Dixie Highway. The classification of the use as a "special use" allows for the City to have discretionary authority over the location and impact of any future proposed physical fitness facility in a GR zone. This is very important because a significant portion of GR zoned properties abut or are very near residential areas. In addition a physical fitness facility is compatible with other uses permitted in the GR zone such as restaurants, automobile dealers, offices and retail. stores. SPECIFIC LDC AMENDMENTS In order to accomplish what is requested in the application Section 20- 3.3(D) Permitted Use Schedule must be amended as follows: CPetinn In-I_- (DI Permitted Ilse Schedule uTTCnvFCC AND PROFF.SSIONAI, SF,RVICF,S Physical Fitness Facility S S P ZONING P P DISTRICT 16 11 R L M N S G T T T T T H P P C P O O O R R R O O O O O I R O A D D D D D N R USE TYPE D D D D D D K M M L P P U U I I R 4 5 4 uTTCnvFCC AND PROFF.SSIONAI, SF,RVICF,S Physical Fitness Facility S S P P P P 16 11 S * Parking requirement category 11 requires 1 space or per 300 sq ft (Note: New wording in bold - underlined) RECOMMENDATION: It is recommended that the request to amend the Land Development Code's Permitted Use Schedule and to allow a physical fitness facility as an "S" special use within the GR zoning district be approved Attachments: Application Applicant's Letter of Intent Public notices SAY X: \PB \PB Agendas StaffReports\2008 Agendas Staff Reports\3- 25- 08 \PB -08 -012 LDC Amend Fitness in GR.doc PERMITTED COMMERCIAL USES IN "GR" DISTRICT Air Conditioning Sales & Services Animal Hospital or Veterinarian (S) Antique or Curio Shop Automobile Accessories & Parts (S) Automobile Dealer (S) Bait & Tackle Shop Bakery Beauty or Barber Shop Bicycle Sales & Services Boat Dealer (S) Book or Stationery Store Bowling Alley or Skating Rink (S) Bus, Transit or Taxi Terminal Business Machine Sales & Services Camera & Photo Supply Store _ Carpeting or Flooring Sales Clothing or Apparel Store (new only) Confectionery or Ice Cream Parlor Consumer Electronics or Music Store Cosmetics Store Counseling Services Dairy Products Store Deli Department or Dry Goods Store Drinking Place Drug, Pharmacy or Sundry Store Dry Cleaning Substation (no processing) Dry Cleaning Plant (S) Fabric or Drapery Shop Florist Gasoline Service Station (S) Grocery Store (over 4,000 sf gfa) Gift, Novelty or Souvenir Shop Glass and Mirror Sales & Services Hardware Store Hobby, Toy or Game Shop Household Appliance Store Home Furniture or Furnishings Store Jewelry Store Lawn &. Garden Supplies Lawnmower Sales & Services Lighting Fixtures Store Liquor Store Mail & Parcel Center Massage Therapist Mobile Automobile Wash/Wax Service (S) Motorcycle Dealer (S) Offices (professional) Office Supplies Paint Glass & Wallpaper Store Parking Lot, Commercial Pet Sales or Grooming Services Plant Nursery or Greenhouse Plumbing Shop Poultry, Meat or Seafood Market Quick Printing Radio & TV Broadcasting Station Recreational Vehicle Dealer (S) Restaurant, Convenience (S) Restaurant, General (S) Sewing, Needlework or Piece Goods Store Shoe Store Sporting Goods Store Tobacco Shop Used Merchandise Store: Antiques Used Merchandise Store: Consignment Goods (S) Used Merchandise Store: Secondhand Goods (S) Variety Store XALand Development CodeUTERMITTED USES studiesTERMITTED USES IN GR DISTRICT.doc �ai Sour U `+ INCORPORATED • 1927 • P' �t () A V CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, March 25, 2008 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 7:36 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Mr. Jorge Cruz was duly sworn in as the new Planning Board member. Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Farfan, Mr. Davis, Ms. Yates, and Ms. Chael. City staff present: Sanford A. Youkilis (Acting Planning Director) and Lluvia Resendiz (Administrative Assistant). IV. Planning Board Applications/Public Hearing PB -08 -012 Applicant: M Cycle Gym, LLC. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SOUTH MIAMI LAND DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A PHYSICAL FITNESS FACILITY AS A SPECIAL USE IN THE "GR" GENERAL RETAIL ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE Action: Ms. Yates read the item into the record. Mr. Youkilis advised that the applicant is requesting the Permitted Use Schedule to be changed in order to allow a physical fitness facility as an "S" Special Use in the General Retail (GR) district. The business has been operating in the "GR" district as a Personal Skills Instruction Studio, which is permitted in that district. However a new owner in 2006 took over the business and filed for an occupational license providing a correct update of Planning Board Meeting March 25, 2008 Excerpt Page 2 of 3 the use of the building, a physical fitness center. As part of the routine zoning review, staff noticed that the business was operating a physical fitness facility, a use which is not permitted in the GR zoning district. Therefore the applicant was advised to apply for a text amendment. It was clarified to the applicant that the application would not be site specific and that if the proposed amendment is approved a physical fitness center would be applicable to any properties in the GR District along South Dixie Highway and SW 40 Street. The proposed change is compatible and an appropriate use along such major arterial streets as South Dixie and SW 40 Street. This classification "S" is appropriate because the surrounding properties are residential and it allows the City to have discretionary authority over the location and impact of any future proposed physical fitness facility in the GR district. Mr. Youkilis also advised that the applicant has been issued violations and staff asked the applicant to either clarify the situation. At this time Mr. Youkilis requested that the Board disclose whether or not any conversations related to the specific site were discussed with the applicant's attorney, Lauren Harper. As a Board, with the exception of Mr. Morton and Ms. Young, they replied that Ms. Harper did contact them but did not discuss a site specific application. Mr. Youkilis then advised that in the case of a legislative item such as a LDC text amendment or change to the Comprehensive Plan, discussions may be conducted as allowed by the Jennings ruling. However, any discussion on a site specific application between an applicant and a Board member are not permitted and if it did occur the conversation must be disclosed. Ms. Yates requested to an explanation of the difference between the definition of a personal skills instruction studio and a physical fitness center. Mr. Youkilis responded that the Land Development Code indicates a definition for personal skills instruction studio to be "as a business teaching a clients such skills as arts, crafts, dance, exercise, martial arts, or music." The LDC however does not provide a definition for a physical fitness use. The City has determined that anything beyond that, such as cycles and exercise equipment, is beyond a personal skills instruction studio. He added that a physical fitness center in question was beyond the personal skills instruction studio. Ms. Young requested clarification regarding the notices issued and the amount of the fines. Ms. Harper replied that one notice of violation issued and that fines have been stayed. Before the violation the previous owner applicant filed under a personal skills instruction studio and it was not noted that it was deem an inappropriate use in the zoning district. Chairman opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Brian May Support Mr. May, M Cycle representative, advised that the business has operated as a spinning studio as well as specialty classes studio. The classes are conducted at 6:00 in the morning until noon and in the afternoon from 4:30 until 8:30 in the evening and for that matter the business was filed as a special skills instruction studio since 1996. During 2006 when Ms. Cruz bought the business the occupational license was filed as a personal skills instruction studio. Thereafter when her staff renewed the application it was filed as a physical fitness Planning Board Meeting March 25, 2008 Excerpt Page 3 of 3 facility at which time staff questioned the use in that particular zoning district. Chairman closed the public hearing. Mr. Youkilis advised , that the previous application was categorized as a personal skill instruction studio because patrons are being instructed but once a business goes beyond that of a personal skills instruction, the City decided that the inclusion of exercise equipment and spinning cycles goes beyond a personal skills studio and in this case it is a combination. Mr. Morton questioned if an occupational license should automatically change when there is a change in ownership. He requested that staff look into whether or not it is required that new ownership is required to renew the occupational license. Mr. Youkilis replied with an affirmative. Ms. Chael questioned why the uses along South Dixie Highway are different from the uses allowed in the hometown district. Mr. Youkilis provided the Board with an informational sheet listing the permitted commercial uses in the GR. Most of the listed uses are allowed in the downtown however there are some uses allowed in the downtown which are not allowed in the GR. Some of the uses allowed in the GR require special use approval because of the impact to the residential area abutting the site. Ms. Harper advised that although the GR district does not permit a physical fitness center it does permit compatible uses. The GR district is located in two areas but the main GR area is located on South Dixie Highway. She emphasized that this would be restricted to limited parameters of the GR district as a special use requires city approval prior to any physical fitness approval. A physical fitness district is permitted in the SR, TODD, LO, and MO which surround the GR district, therefore, a physical fitness facilities within the GR district would be compatible with the zoning districts in the surrounding area. The approval will advance the vitality of the downtown area and the transit hubs within the city. Motion: Ms. Yates moved to approve the special use application and -Mr. Farfan seconded. Vote: 7 Ayes ,O Nays XAComm Items \2008 \4- 22- 08\PBMin- 03 -25 -08 Excerpt Fitness.doc