Loading...
Ord No 05-04-1812ORDINANCE NO.05-04-1 81 2 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TOA REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING SECTION 20-3.3(D) ENTITLED "PERMITTED USE SCHEDULE"IN ORDER TO ALLOW A NAIL AND SKIN CARE USE AS A PERMITTED USE IN THE SAME ZONING DISTRICTS WHICH CURRENTLY ALLOW BEAUTY AND BARBER SHOPS;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE WHEREAS,Application No.PB-04-003 was submitted tothe Planning and Zoning Department by Bakery Associates Ltd.and Modern Nails,said application requesting that Section 20-3.3(D),Permitted Use Schedule oftheCity'sLand Development Codebe amended toallownailandskincareasa permitted use inthe "SR(HD-OV),"Specialty Retail (Hometown Overlay)Use District;and WHEREAS,theCity's Zoning Task Force in 2002,comprehensively reviewed the Permitted Use Schedule and recommended a number of changes tothetypesofuses permitted ineachzoning district, including a recommendation that nail and skin care uses are indistinguishable from the beauty and barber shop uses and therefore should be part of the beauty and barber shops category;and WHEREAS,after review,the Planning and Zoning Department recommended amending Section 20- 3.3(D)"Permitted Use Schedule,"of the City's Land Development Code to incorporate nail and skin care uses intothe beauty and barber shops category,thereby allowing nailandskincareusesasan accessory orasa separate use inthe LO,MO,NR,GR,SR,and TODD commercial use districts;and WHEREAS,on April 13,2004,after a Public Hearing regarding the proposed amendment to Section 20-3.3(D),the Planning Board approved a motion by a vote of5 ayes and 0 nays,recommending that nail and skin care uses be incorporated as part ofthe beauty and barber shops category,thereby allowing nail andskincareusesasan accessory orasa separate establishment intheLO,MO,NR,GR,SR,and TODD commercial use districts;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 THAT: Section 1 Section 20-3.3(D),entitled,"Permitted Use Schedule,"ofthe South Miami Land Development Codeis hereby amended toreadas follows: Ord.No.05-04-1812 (2) Section 20-3.3 (D)Permitted Use Schedule ZONING DISTRICT R L MN SGTT TTTHP P C P O 0 O R R R O O O O 0 I R O A USE TYPE D D M U 4 D D M U 5 D D L I 4 D D P I D D P R N D R K BUSINESS AND PROFESSIONAL SERVICES Mail and Skin Care (acccooory)S §P P P +6 U BeautyorBarber Shoofincludes nail/skin care as accessory or as separate establishment) 16 (Note:New wording in bold -underlined;wording to be removed indicated by strike-through) Section2Allordinancesorpartsof ordinances inconflictwiththeprovisionsofthisordinanceare hereby repealed. Section 3.If any section,clause,sentence,or phrase of this ordinance isfor any reason held invalid or unconstitutional by a court of competent jurisdiction,this holding shall notaffectthe validity ofthe remaining portions of thisordinance. Section 4.Thisordinanceshallbeeffectiveimmediatelyaftertheadoptionhereof. PASSEDANDADOPTEDthis 1 8th day of May,2004 ATTEST:APPROVED: •XM& TY CLERK 11 Ord.No.05-04-1812 1st Reading:5/4/04 2nd Reading:5/18/04 READ AND APPROVED AS TO FORM: (3) E:\Comm Items\2004\5-18-04\Hair &Nail Amend Ordinance.doc COMMISSION VOTE: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts-Cooper:yea Commissioner Sherar:yea 4-1 Yea Yea Nay South Miami ESXXS3I All-America City 2001 CITY OF SOUTH MIAMI To:Honorable Mayor,Vice Mayor &Date:May 18,2004 Commission Members ITEM No.0-From:Maria Davis /Aj/K U AiJl<RE:LDC Amendment:PermitCityManager"^v/W^l/J Nail Spa in Commercial Zones ORDINANCE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDARELATINGTOAREQUESTTOAMENDTHECITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING SECTION 20- 3.3(D)ENTITLED "PERMITTED USE SCHEDULE"INORDERTOALLOWA NAIL AND SKIN CARE USE ASA PERMITTED USE IN THE SAME ZONING USE DISTRICTS WHICH CURRENTLY ALLOW BEAUTY AND BARBER SHOPS;PROVIDINGFOR SEVERABILITY;PROVIDINGFORORDINANCESIN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. SUMMARY The applicants are requesting the City to amend the Permitted Use Schedule ofthe Land Development Codetoinclude"nailandskincare"asapermitteduseinthe "SR (HD-OV),"SpecialtyRetail Hometown Overlay Use District.The applicants indicate thatifthe amendment is approved thistypeof usewouldbeplacedintheShopsatSunsetPlace. Itis important to note thatthe submitted application isa general textamendment tothe Land Development Code,and isnot site specific.Ifthe proposed amendment is approved,it would be applicable to all properties located in the zoning use districts where this use would be permitted. STAFF OBSERVATIONS (1)A nail and skin care use is only permitted as an accessory use with special use approval in the LO and MO (office)use districts and asa permitted accessory use inthe three TODD commercial zoning districts.TheCity's current Permitted Use Schedule does not allow fora nail or skin care establishment in any retail zoning use district orasa stand alone permitted use in any zoning district. (2)During the period 2002-2003,the Permitted Use Schedule was comprehensively reviewed by the City's Zoning Task Force,which recommended a number of changes to the types of uses permitted in each zoning district.The Task Force's Permitted Use Subcommittee specifically addressed this issue.It wasfeltthatnailandskincareusesare indistinguishable fromthebeautyandbarbershopuses.Inits January,2003 final report,the Task force recommended combining allof these uses intoone category underbeautyand barber shops. LDC Amendment Nails/Skin care Permitted Use May 18,2004 (3)Staff concurs with the logic of the Task Force's recommendation.The City's Permitted Use Schedule should recognize that nail and skin care uses are mostly combined with beauty and barber shops.In addition this type of use is appropriate asa separate establishment ina retail zoning district. SPECIFIC LDC AMENDMENT In order to accomplish what is requested in the application and to incorporate the recommendation of the Zoning Task Force,Section 20-3.3(D)Permitted Use Schedule must be amended as follows: ZONING DISTRICT USE TYPE R O L 0 M 0 N R s R G R T O D D M U 4 T O D D M U 5 T O D D L I 4 T O D D P I T O D D P R HP I P R C O N D P A R K BUSINESS AND PROFESSIONAL SERVI<CES Moil finr!C2V*~^**^««^»fr>npf*QBr\W\f\s §P P P 44 44 Reaiitv orBarber Shopfincludes nail/skin care as accessory or as separate s s P P P P P P 16 11 establishment) (Note:New wording in bold -underlined;wording to be removed indicated by strike-through) PLANNING BOARD ACTION The Planning Board at its April 13,2004 meeting approved a motion by a vote of5 ayes and 0 nays, recommending adoption ofthe proposed ordinance. RECOMMENDATION: Itis recommended that the request to amend the Land Development Code's Permitted Use Schedule to allow nail and skin care use asan accessory use orasa separate permitted use inthe same zoning use districts which currently allow beauty or barber shops (LO,MO,NR,GR,SR,and TODD commercial usedistricts)beapproved. Attachments: Draftordinance Application Applicant's Letter ofIntent Planning Board Minutes Excerpt 4-13-04 Public notices MD/DOD/SAY E:\Comm Items\2004\5-18-04\LDC AmendNailSpainSR.doc -City of-South-Miami Planning &Zoning Department City Hall,6130 Sunset Drive,South Miami,Florida 33143 Telephone:(30*5)663-6326;Fax:(305)666-4591 ApplicationForPublicHearingBefore Planning Board&CityCommission Address of Subject Property: Meets&Bounds:570<£ir&><ir IV, Applic^t\^^0Ll3>v^.beA _ Representative: Address:6^00 Su>I3ff Or. Property Ownen^Ker a ^Clai-^.U-^ Mailing Address:^^T**?5^^^^ ,Archltect/Engineen-i^^v<j:^-f^i\,'^0 mo~2jof Jha».Mcyj-n Lot(s) PB Phone: Block Subdivision a^g-gig-kg? Organization: Phone: aps-sff-6gs^ Signature: Phone:Si 7-0>3<c -1GO0 Phone: AS THEAPPLICANT,PLEASEINDICATE YOUR REUTIONSHIP TOTHISPROJECT: __Owner ^.Owner's Representative ^.Contract to purchase _Option to purchase ^Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: IPUBASE CHECK THE APPROPRIATE ITEM: ^SJext Amendment to LDC ZoningMap Amendment • PUD Approval PUD Major Change Variance Special Use Special Exception Other Briefly explain application and cite specific Code sections:"7J ^^J— Section:Subsection:Page #:Amended Date The undersigned has read this completed application and represents th; correct tothebest ofthe applicant's knowledge and belief. Applicant's Signature andtitle -W—=4-:— Upon receipt,applications and all submitted materials will be reviewed for compliance with the Land Dev^pnLnt Code and other applicable regulations.Applications found notin compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Petition Required Method of Payment 8/2/00 Date of PB Hearing. Petition Accepted Date SUBMITTED MATERIALS PLEASECHECK ALLTHATAPPLY:*\t*fer of intent ^{/S/^j^/.TJ ^Justifications for change Statement ofhardship Proof ofownershipor letter from owner Power of attorney Contract to purchase Current sUrvey (1 original sealed and signed/1 reduced copy @ 11"x 17") 15 copies of Site Plan and Floor Plans 1 reduced copy@ 11"x17" 20%Propertyowner signatures __Mailing labels(3sets)andmap ^Required Fee(s) lation and all submittedmaterialsaretrueand Date of Commission 03/26/04 09:23 FAX 3056630167 SHOPS AT SUNSET ^_^_©002 THE SHOPS AT SUNSET PLACE March 25,2004 Sanford A.Youkilis,AICP City OfSouth Miami Planning and Zoning 6130 Sunset Drive South Miami,Fl 33143 Reference:Modern Nails Dear Mr.Youkilis: Letitbeknownthat Bakery Associates,LTD desirestoenterintoaleaseofspaceat The Shops At Sunset Place,and desires that said space be operated asa nail salon together with the sales of products customarily sold at nail salons. Thisuse will beofgreatbenefitto local residents.Also,this could beagreat opportunity to boost the economy in the area,promote growth of small businesses and encourage,with our help,the further development ofthe Hometown District.: If you have any questions,please contact the Office Administrator,Lucy Colon orme at(305)663-0482. Sincerely, TJ.Cunningham General Manager Attachment Management Office 5701 Sunset Drive,Suile TOO South Miami,Fl-33143 305.663.04S2 305.663.0167 Fax SIMON' shopamon.comn CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday,April 13,2004 City Commission Chambers 7:30 P.M. I.Callto Order and the Pledge of Allegiance to the Flag Action:Themeetingwascalledtoorderat7:35P.M. Action:ThePledgeof Allegiance was recited in unison. II.Roll Call. Action:Mr.Morton,Chairperson,requested arollcall. Board members present constituting a quorum:Mr.Morton,Ms.Yates,Mr.Mann,and Mr. Comendeiro and Mr.Illas. Board members absent:Ms.Gibson andMr.Liddy. City staff present:Don O'Donniley (Planning Director),Sanford A.Youkilis (Planning Consultant),Gremaf Reyes (Video Support),and Patricia E.Lauderman (Planning Board Secretary). IV.Planning Board Application /PublicHearings PB-04-003 Applicant:Bakery Associates Ltd.And Modern Nails D/B/A Pinkies Nail Spa AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDARELATINGTOAREQUESTTOAMENDTHE CITY OFSOUTH MIAMI LANDDEVELOPMENT CODE,BY REVISING SECTION20- 3 3(D)ENTITLED "PERMITTED USE SCHEDULE"IN ORDER TO ALLOW A NAIL ANDSKIN CARE USEASA PERMITTED USEINTHE "SR (HD-OV)", SPECIALTY RETAIL (HOMETOWN OVERLAY)ZONINGUSE DISTRICT; PlanningBoardMeeting April 13,2004 PROVIDINGFOR SEVERABILITY;PROVIDINGFOR ORDINANCES IN CONFLICT;AND PROVIDING ANEFFECTIVEDATE. Action:Mr.Illas read the item into the record and Mr.O'Donniley presented thestaff report.He explained that the applicant was requesting the City to amend the Permitted Use Schedule ofthe Land Development Code to include "nail and skin care"asa permitted use in the "SR (HD-OV).The applicant indicated that if the amendment were approved this type of use would be placed in the Shops at Sunset Place.The City's current permitted use schedule does not allow fortheuseof nail salon asa stand alone usebut only asa special accessory use,with conditions (location,size,signage).He explained that the City's Zoning Task Force in 2002 had recommended that this use be combined with barber/ beauty shops and allowed as an accessory use or as a separate permitted use in all of the City's commercial use districts.Mr.Morton asked if anyone was talking in opposition of this item.At this point no one was in opposition.The Board and staff discussed the request. Motion:Ms.Yates moved for approval of the application.Mr.Commendiero seconded themotion.Themotionwas approved bythe following vote: Vote:Ayes5Nays0 F SATURDAY.MAY 8.2004 I 5B CITY OFSOUTH MIAMI W NOTICE IS HEREBY given thatthe City Commission ofthe City of South Miami,Florida will conduct Public Hearings during its regular City Commission meeting Tuesday,.May 18,2004 beginning at7:30 p.m.,iii the City Commission Chambers, 6130 Sunset Drive.,to consider 2nd Reading of tha following described ordinance:' ANORDINANCEOFTHEMAYORANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TOA REQUEST TO AMEND THECITYOFSOUTHMIAMILANDDEVELOPMENT CODE,BY REVISING SECTION 20-3.3(D)ENTITLED "PERMITTED.USE SCHEDULE"IN ORDERTO ALLOW ANAILANDSKINCAREUSE AS A PERMITTEDUSEINTHE SAME ZONINGUSE DISTRICTS WHICHCURRENTLY ALLOW BEAUTY AND BARBER SHOPS;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES INJ CONFLICT;AND PROVIDING AN EFFECTIVE DATE. And,to consider 1st Reading of the following described ordinance: $$$(•• ANORDINANCEOFTHEMAYORANDCITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,RELATING TO THE CITYOF SOUTH MIAMILAND DEVELOPMENT CODE BYAMENDING SECTION.20-2.3 ENTITLED "DEFINITIONS"IN ORDERTO PROVIDE DEFINITIONS PERTAINING TO ADULT ENTERTAINMENT;AMENDING SECTION 20- 3.3(D)ENTITLED "PERMITTED USE SCHEDULE"IN ORDERTOALLOWADULTENTERTAINMENT ESTABLISHMENTSTOBE LOCATED INCERTAIN NON-RESIDENTIAL ZONING USE DISTRICTS;.AND CREATING NEW SECTION 20-3.9 TO BE ENTITLED "REGULATIONSAPPLICABLETOADULT ENTERTAINMENT ESTABLISHMENTS;"PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT, ANDAN EFFECTIVE DATE,mm cSaid ordinance can be inspected in ttiel City Clerk's Office, pbrtday -Friday during regular office hbiirs. •Inquiries concerning thisitemshouldbedirectedtothe fPlanning Department at:663-6326.. ALL interestedpartiesare invited toattendand will beheard. Maria M.Menendez City Clerk ' City ofSouth Miami tSreuant to Rorida Statutes 286.0105,the City hereby advises the public tfhat if a person decides to appeal any decision made by this Board,Agency ;pr Commission with respect to any matter considered atits meeting or 'hearing,heor she will need a record ofthe proceedings,andthat for such purpose,affected person mayneedto ensure thata "verbatim record of the, .proceedings is made which record includes the testimony and evidence upon whichthe appeal isto bpbased. •'••••..$•''i