06-10-08 Item 61 South Miami
kzftd
All- America 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, Acting Planning Director
D
6'.
ate: June 3, 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
APPLICATION WITHDRAWAL REQUEST
An applicant, M. Cycle Gym, LLC. 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). This item was recommended for approval by the Planning Board and then
placed on the City Commission agenda for first reading at the May 6, 2008 meeting.
The applicant received a response to its legal position previously submitted by the applicant's
counsel, dated May 5, 2008, (see attached) from the South Miami City Attorney that concurred in
part that the operation of the applicant's business at a location within the a GR zoning district
met the definition of "personal skills instruction studio ", which is a permitted as of right use in
that zoning district. Based upon that opinion the applicant thru her attorney (Lauren Harper)
submitted a letter dated May 6, 2008 (see attached) withdrawing the application. The City
Commission at the May 6, 2008 meeting tabled the item.
The City Commission at its May 20, 2008 meeting adopted a motion that the application request,
withdrawal letter, and the proposed amendment item be placed on the agenda of the Commission
at its June 3, 2008 meeting.
It is recommended that the City Commission accept the applicant's withdrawal request.
LDC AMENDMENT
The amendment to the City's Permitted Use schedule allow a physical fitness facility as an "S"
Special Use in the "GR" General Retail Use District can be considered by the City Commission
on first reading. 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). The proposed
2
amendment was reviewed by the Planning Board and a positive recommendation was made (see
below).
It is important to note that the proposed amendment would 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 GR zoning use district in which the use would be
allowed.
STAFF OBSERVATIONS
(1) 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
permitted in the GR zone such as restaurants, automobile dealers, offices and retail stores.
(2) 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:
The administration recommends that the proposed amendment should not be acted upon at this
time. The subject matter needs additional consideration by the Planning Department specifically
related to the definition of a physical fitness facility "and a personal skills instruction studio. In
addition the current parking requirements for both uses may need adjustment.
Backup Documentation:
Draft Ordinance
Withdrawal Letter from Applicant 5 -5 -06
City Attorney's letter 5 -6 -08
Planning Department Staff Report 3 -25 -08
GR Permitted Uses
Planning Board Minutes Excerpt 3 -25 -08
Public notices
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X :• Comm Items 1200816- 3- 081LDCAmend Fitness Fac in GR Revised CMReport.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-
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, the City Commission at its May 20, 2008 meeting directed consideration of a
proposed amendment to Section 20- 3.3(D), Permitted Use Schedule of the City's Land Development
Code which would permit a physical fitness facility as an "S" Special Use in the "GR" General Retail
zoning district; and
WHEREAS, , the Planning Department has 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 a 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
P
ZONING
P
P
DISTRICT
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11
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BUSINESS AND PROFESSIONAL SERVICES
Physical Fitness Facility
S
S
P
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11
S
* Parking requirement category 11 requires 1 space or per 300 sq ft
(Note: New wording in bold - underlined)
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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
1St Reading -
2nd Reading-
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2008
X: \Comm Items\2008 \6- 3- 08\LDC Amend Fitness Fac in GR Ord.doc
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
LAUREN M. HARPER
Member Florida Bar
(305) 415 -9496 Direct Telephone
(305) 415 -9896 Direct Facsimile
SHUTTS
BOWEN
. LLP
May 6, 2008
VIA ELECTRONIC MAIL & U.S. MAIL
Luis R. Figueredo, Esq.
Office of the City Attorney
City of South Miami
18001 Old Cutler Road, Suite 556
Miami, FL 33157
Re: M Cycle Gym, LLC — Withdrawal of Text Amendment Application
Dear Mr. Figueredo:
E -MAIL ADDRESS:
lharper @shutts.com
As you are aware, our firm represents M Cycle Gym, LLC, the owner of M Cycle Gym
( "M Cycle ") located at 7500 SW 61St Avenue and 6114 South Dixie Highway within the General
Retail ( "GR ") Zoning District. We received your letter dated May 5, 2008 and appreciate your
due diligence efforts and consideration in concluding that the operations conducted at M Cycle
meet the definition of a "personal skills instruction studio" rather than a "physical fitness
facility", as both are defined under the City of South Miami ( "City's Land Development Code
( "Code "). Since personal skills instruction studios are permitted as of right within. the GR
Zoning District, M Cycle may continue to operate as a personal skills instruction studio in its
current capacity and at its current location without the need to amend the Code or obtain a
special use permit.
Accordingly, we respectfully withdraw M Cycle's text amendment application which
seeks to amend the permitted use schedule of the Code to allow physical fitness facilities as
special uses within the GR Zoning District ( "Application "). Further, since the Application is
only halfway through the approval process still necessitating two (2) public hearings and
approval by the City Commission, we request that the City provide M Cycle with a refund in the
amount of half of the Application fee or $2,000.00.
We thank you again for your continued attention to M Cycle's good faith efforts to
operate their neighborhood business legally within the City. Now that it is clear that M Cycle
may operate in its current capacity as a personal skills instruction studio, M Cycle's efforts are
MIADOCS 27614901
1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www sliutts.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM
Luis R. Figueredo, Esq.
May 6, 2008
Page 2
now focused toward promptly resolving its noncompliance with the Code's parking
requirements.
Very truly yours,
Lauren M. Harper
LMH/lmh
cc: Sanford Youkilis, Interim Planning Director
W. Ajibola Balogun, City Manager
Brian May
Andrea Cruz
MTADOCS 2761490 1
1500 Miami Center • 201 South Biscayne Boulevard, Miami, Florida 33131 • ph 305.358.6300 • fx 305.381.9982 • www.sbLutts.com
MIAMI FORT LAUDERDALE WEST PALM BEACH ORLANDO TAMPA TALLAHASSEE AMSTERDAM
City of South Miami
61.30 Sunset Drive, South Miami, Florida 33143
Via Facsimile 305 -415 -9896 and
U.S.Mail
Lauren M. Harper
Shutts & Bowen LLP
1500 Miami Center
201 South Biscayne Blvd.
Miami, Florida 33131
Re: M Cycle Gym, LLC
Dear Ms. Harper:
Please reply to:
Office of the City Attorney
18001 Old Cutler Road, Suite 556
Miami, Florida 33157
(305) 854 -5353
(305) 854 -5351 (Fax)
May 5, 2008
Thank you for your letter of April 21,2008. I have evaluated your position that M
Cycle, which is located at 7500 SW 61" Avenue and 6114 South Dixie Highway,
continues meet the definition of "personal skills instruction studio" as defined under the
South Miami Land Development Code. The definition contained in the South Miami
Land Development Code for "personal skills instruction studio" provides for a "business
teaching its clients such skills as arts and crafts, dance, exercise, martial arts and /or
music."
As part of my due diligence I have reviewed the Planning Department's file
concerning M Cycle Gym. Moreover, I reviewed M Cycle's website for purposes of
evaluating the services offered by your client. Further, I conducted a site visit of your
client's premises. Finally, I interviewed your client for the purpose of confirming that the
range of services offered by your client is limited to personal instruction. On your
client's behalf, you have asserted that M Cycle offers group classes lead by instructors at
scheduled times. During my site visit of M Cycle, your client advised me that the weight
machines and stationary cycles cannot be independently utilized by M Cycle's patrons. It
appears that the use of the facility's equipment is only permitted through structured
classes and /or personalized training sessions.
Lauren M. Harper
May 5, 2008
Page 2 of 2
Based on the foregoing, I have concluded that the operations conducted at M
Cycle meets the definition of a "personal skills instruction studio" under the South Miami
Land Development Code. M Cycle, however, does not currently have the requisite
number of required parking spaces needed under the South Miami Land Development
Code. The Land Development Code provides you with several options for meeting
parking requirements off -site. It is imperative that you immediately address this
minimum requirement for a "personal skills instruction studio" and bring M Cycle into
compliance with the land development code. Additionally, as we have discussed
previously, it appears that M Cycle requires even more parking spaces that is required
under the Code. As a responsible corporate citizen, it would be in M Cycle's best interest
to seek and obtain the actual number of additional parking spaces it needs to provide
services to its patrons, and not just the amount required under the South Miami Land
Development Code. It is my understanding that your client is working to secure sufficient
off -site parking to address M Cycle's actual parking demands. While that endeavor will
hopefully help to ameliorate parking overflow into the adjacent residential neighborhood,
it is very important M Cycle obtain the required number of off -site parking paces, as
required under the Code, prior to continuing operations. Failure to do so, will subject M
Cycle to code enforcement action and daily penalties.
Very truly yours,
Luis R. Figueredo,
Nagin Gallop & Figueredo, P.A.
Office of City Attorney
LRF /lcm
cc: Sandy Youkilis, Interim Planning Director
W. Ajibola Balogun, City Manager
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CITY OF SOUTH MIAMI
To: Honorable Chair &
Planning Board Members
From: Sanford A. Youkilis, AICP
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 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. 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:
Section 20 -3.3 (D) Permitted Use Schedule
BUSINESS AND PROFESSIONAL SERVICES
Physical Fitness Facility
S
S
P
ZONING
P
P
DISTRICT
16
11
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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)
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 StaffReportsl3- 25- 08\PB -08 -012 LDC Amend Fitness in GR.doc
Amik City of South Miami
Planning & Zoning Department
my 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:
C) Sl5-k.g-_ F "C)
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
LJ,Representative RELATIONSHIP T PROJECT:
Owner LJowner's LJC ntrac to purchase
❑Opti nto purchase ✓❑fenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
✓ Text Amendment to LDC Variance
PLEASE CHECK ALL THAT APPLY:
❑✓ Letter of intent
Zoning Map Amendment pecial Use
M Justifications for change
❑PUD Approval ❑Special 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:
❑Contract to purchase
[]Current survey (1 original sealed and
Text Amendment to Permitted Use Schedule to allow a "Physical
signed/1 reduced copy Q 11" x 17")
❑ 15 copies of Site Plan and Floor Plans
"Special "GR ")
Fitness Facility" as a Use" within the General Retail (
1 reduced copy 11" x 17"
Zoning district.
❑20% Property owner signatures or
Affidavit attesting to mail notice sent
Section: Subsection: Page #: Amended Date:
❑Mailing labels (3 sets) and map
Sections: 20 -5.7; 20- 3.3(D)
❑✓ Required Fee(s)
The un igned has read this comppeted application and represents that the information and all submitted materials are true and
co to a best of the a c is Imowledge and belief.
O(4/ dl's
Ap icant's Signatur d titl // • Dati
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 -mss Date of Commission
Petition Required Petition Accepted_.
Method of Payment
11/19/07
2621806_1.PDF
.SH �TTS
BOWEN
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
E -MAIL ADDRESS:
lharper @shutts.com
Re: M Cycle Gym, LLC - Letter of Intent and Justification for Text
Amendment to Permitted Use Schedule
Dear Mr. Youkilis:
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 61St 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 \1LLMI CENTER • 201 SOUTH BISCAYNE BOULEVARD • MIAMI, FLORIDA 33131 • MII"11 (305) 358 -6300 • FACSIMILE (305) 381 -9982 • WERSITE: mANw.shutts- law.cc
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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,
�,, �K - IYP12-e�
Lauren M. Harper
LMH /gw
MIADOCS 2621812 2
MIADOCS 2621812 1
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
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 defmition 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 0 Nays
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