13THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
VIA: Steven J. Alexander, City Manager
FROM: Jane K. Tompkins, AICP, Planning and Zoning Director
Date: March 7,2017
SUBJECT:
Agenda Item No.: 13
An Ordinance amending Section 20-2.3 of the City of South Miami Land Development Code
creating a definition for ({Beauty/Barber Shop or Beauty Spa" uses; and amending Section 20-
3.3(D) and Section 20-7.12 concerning permitted uses of Beauty Shops, Barber Shops and
Beauty Spas within the Hometown District Overlay Zone (HD)
BACKGROUND:
"Beauty or barber shops" are allowed within all commercial and mixed-use districts. In the
Hometown District Overlay (HD), however, they are permitted only as Storefront Uses, and not
as an Office Use on upper floors. Furthermore, a specific definition of the term is not provided
other than a parenthetical note saying that it includes nail/skin care as an accessory or separate
establishment.
ANALYSIS:
Personal service businesses have evolved over time and now frequently offer a wider range of
services than the traditional hair care. For example, it's not uncommon to find one business
offering massage along with hair, skin and nail care. The current language of the Land
Development Code (LDC) doesn't accommodate these consolidations of services and has led to
confusion about where they can be located and how they should be licensed by the City. The
proposed changes create a definition that encompasses a range of personal services.
As the business models have changed, many now prefer a less public location than a storefront
in order to create a quiet and relaxing environment. The proposed ordinance will also amend
the HD regulations to allow these uses the option of locating on an upper floor.
PLANNING BOARD RECOMMENDATION:
The Planning Board held a public hearing on the item on February 14, 2017 and voted
unanimously to recommend approval.
RECOMMENDATION:
Staff recommends that the City Commission approve the ordinance on first reading.
Beauty or Barber Shop Text Amendment
March 7, 2017
Page 2 of 2
Attachments:
• Draft Ordinance
• Draft excerpt from Planning Board meeting minutes
JKT
Z:\Commission Items\2017\03-07-2017\Beauty-Barber Shop Text Amendment\Staff Report Beauty Barber Shop Amendment.docx
1 ORDINANCE __________ __
2
3 An Ordinance amending Section 20-2.3 of the City of South Miami
4 Land Development Code creating a definition for "Beauty/Barber
5 Shop or Beauty Spa" uses; and amending Section 20-3.3(D) and
6 Section 20-7.12 concerning permitted uses of Beauty Shops, Barber
7 Shops and Beauty Spas within the Hometown District Overlay Zone
8 (HD)
9
10 WHEREAS, the City of South Miami (the "City") currently permits beauty or barber
11 shops within certain zoning districts within the City; and
12
13 WHEREAS, traditional beauty or barber shop uses have evolved over the years to
14 include related services and City staff finds it appropriate to create a definition of such uses; and
15
16 WHEREAS, the City currently permits beauty or barber shops within the Hometown
17 District Overlay Zone (HD) as Storefront Uses; and
18
19 WHEREAS, City staff believes that such uses have impacts similar to Office Uses and
20 should be allowed to follow the regulations for Office Uses within the HD; arid
21
22 WHEREAS, on _ _, 2017, the Planning Board considered the Ordinance, and
23 following a public hearing recommended of the Ordinance by a vote of _ayes
24 and _ nays; and
25
26 WHEREAS, the City Commission desires to amend the Land Development Code to
27 create a definition of "Beauty/Barber Shop or Beauty Spa" and to treat them similarly to Office
28 uses in the Hometown District Overlay Zone.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
32
33 Section 1. Section 20-2.3 of the City of South Miami Land Development Code is hereby
34 amended to read as follows:
35
36 20-2.3 -Definitions.
37 ***
38 Basement. Shall mean that portion of a building between the floor and ceiling, which has
39 at least one-half of its height below grade, and the ceiling of which is not more than four (4) feet,
40 six (6) inches above grade.
41
42 Beauty/Barber Shop or Beauty Spa. Shall mean a place of business primarily engaged in
43 providing services of a personal nature associated with appearance or grooming. Uses may
44 include nail salons, tanning salons and services such as massage, facials, hair removal, and body
45 treatments, but shall exclude body piercing and tattooing.
46
47 Bed and brealifast. Shall mean a private property, where an individual or family resides,
48 not more than four (4) rooms of which may be used for overnight guests whose paid
49 accommodations include breakfast.
50 ***
51
52 Section 2. Section 20-3.3(D) of the City of South Miami Land Development Code is
53 hereby amended to read as follows:
54
55 Section 20-3.3(D) Permitted Use Schedule
56
USE TYPE T T T T T 0 0 0 0 0 M D D D C P
R L M N S G U D D D D D P P 0 A
0 0 0 R R R A D D H I R N R
H M M L P P D K
U U I I R 4 5 4
BUSINESS AND PROFESSIONAL SERVICES
***
Beauty[ 6f Barber Shop~
or Beauty S]2a (includes
nail/skin care as S S P P P P P P P 16 11
accessory or as separate
establishment
***
57
58 Section 3. Section 20-7.12 of the City of South Miami Land Development Code is
59 hereby amended to read as follows:
60 20-7.12 Permitted and special uses and parking requirements.
61 The uses below are applicable to both new and existing buildings in the
62 Hometown District:
USE TYPE Unadjusted Parking Requirements:
1 parking space required per:
A. Storefront Uses
***
BeautY-Bf [Barber Shop or Beauty S]2a 300 SF
***
B. Office Uses
***
Architectural Services 250 SF
Beauty/Barber Sho]2 or Beauty S]2a 300 SF
Building Contractors Office 250 SF
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***
Section 4. Codification. The provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 5. Severability. 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. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
that give the appearance of being in conflict when the two ordinances can be harmonized or
when only a portion of the ordinance in conflict needs to be repealed to harmonize the
ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
to harmonize the two ordinances shall be repealed.
PASSED AND ENACTEDthis ___ dayof _________ , 2017.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
APPROVED:
MAYOR
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
CITY ATTORNEY
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting MInutes Excerpt
Tuesday, February 14, 2017
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision recommenda with the city, including the
city manager, city attorney, department heads, city personnel, or the city commission or members oj
any city board, concerning a matter that could foreseeably be city commission or a city board. There
are some exceptions and exemptions. The following are be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present information at public meetings,
representatives of a neighborhood association withou of a not-for-profit
community based organization for the purpose of influence without special
compensation.
Individuals who wish to view or listen
meeting can be found on the city's
I. Call to Order
II. Roll Call
City Staff Absent:
City Attorney: Mr. Thomas Pepe
III. Board Elections
, ... , ......... of the
(Chairman), Ms. Fischer (Vice-
(Planning Director) and Mr. Marcus Lightfoot (Senior
Ms. Glavey joined the meeting at 7:13 p.m.
Motion: Ms. Kahn motioned to move the Board Elections to the end of the meeting. Mr. Greiner
seconded the motion.
1
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Dr. Philips: Yes
Once all of the items were heard, the Board held discussions on who should be elected chair and
vice-chair of the Planning Board. After deliberation, the following motions were held.
Motion: Dr. Philips moved to elect Subrata Basu as Chair nhlrha:Q.>lanning Board. The motion was
seconded by Mr. Greiner.
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Dr. Philips: Yes
Both Dr. Sally of the Planning Board.
<,l~I;; ...AAi;"i;'ili~tjt':j\f~~2i!fih,. . ., ...
LV".'~'''''.''L-nomirf~l!Qn:§td; the \1r8~f~~hair of Planning Board. The motion
Motion: Mr. Grei .,q~~j'ii!ffilrY:l·~LbY voice, vote for the vice chair.
Vote: Glavev 3, Philips
Mr. Basu: Philips
Ms. Glavey: Glavey
Mr. Greiner: Glavey
Ms. Fischer: Philips
Ms. Kahn: Philips
Dr. Philips: Glavey
Ms. Fischer stated that Ms. Glavey's term had already expired. Mr. Pepe stated that a board
member whose term has expired can continue to serve until either replaced or reappointed.
2
Motion: Mr. Greiner asked for a second vote for Vice Chair
Vote: Glavey 4, Philips 2
Dr. Philips: Glavey
Ms. Kahn: Philips
Ms. Fischer: Philips
Mr. Greiner: Glavey
Ms. Glavey: Glavey
Mr. Basu: Glavey
Ms. Emily Glavey was elected Vice-Chairwoman of the Planningd?oard.
/<"; /'''?
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IV. Administrative Matters
V.
None at this Time
Public Hearings
tor~';}~.oa rd.
~";;;i'M' ~·.I ", •. ·'j~tld be allowed to operate on a second floor
. Mrs. ns responded that storefront uses are typically
co'~;;.\,\ii'th office type uses being considered for the second floor and
'. .' rt of the office type uses and are considered to be a
. . endm' would add barbershop to the office type uses allowing a
..... d floor and above.
The Chairperson opened the floor to public comments on PB-17-004 .
• None at this Time
The Chairperson closed the floor to public comments on PB-17-004.
Motion: Dr. Philips moved to approve PB-17-004. The motion was seconded by Mr. Basu.
3
Vote: Yes 6, No 0 (None)
Mr. Basu: Yes
Ms. Glavey: Yes
Mr. Greiner: Yes
Ms. Fischer: Yes
Ms. Kahn: Yes
Dr. Philips: Yes
VI. Public Comments/New Business
The Chairperson opened the floor to public comments
Public Comments Section
No comments from the public.
New Business Section
.:c.
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,.:.<:::.:~~:;::j;.~):;;~1~:: r-
"::;;.:".
Mrs. Tompkins stated that the De~artment is tryiWgt~sc~edJle workshops LDC/Comp Plan
Rewrite in March. The tentative cli~t~S)lre March 15' afldl\!l~rch 22. She then the Board had
a preference. The Board discUSSe~;)t~~g~te~: and itapp~f~s that March 22 would be best. Mrs.
Tompkins then stated that she wouid;r~a(:h}P!J~Jo Mr. M~16w.~o see about his preference.
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····"··:·c· "\:\\.>,-
The Chairpersonclosec;tth~Jloor to pub!'t~omm~ht~and any h~Wbusiness.
VII. Approval of the rilih6f~~
1. Plan nin~ ~oa";~i~~~~ ";~Il'~~'~j!?' 2;i¥~t
"M~~~~~f;;'[)r;'RQHiPS ~B~~~.to apprbV¢:th~M~eting
;.~~%tonded the ni8i.i.b~.~..')i·j {\
minutes with conditions. Mr. Greiner
:;; ::A{~(l\": :~"
~~fi~;Yes 6, No 0 (~:~~li
Mr. B~~titYes \,
Ms. Gla~~9j.y~s l},;'Y··
Mr. Greine~~;;Y~s .,i;:,
Ms. Fischer: Y~~i~>'r:;
":».:;\~\:.::.
Ms. Kahn: Yes\};k,;t:k
Dr. Philips: Yes
VIII. Future Meeting Date:
A) March 14,2017 at 7:00 P.M.
IX. Adjournment
Mr. Greiner adjourned the meeting at 9:17 P.M.
4