Loading...
03-04-08 Item 7South Miami All- America City CITY OF SOUTH MIAMI ' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Julian Perez, Planning Directo - Date: February 19, 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" AND SECTION 20 -7.12 ENTITLED "PERMITTED USES" IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED USE IN THE "SR (HD -OV) ", SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Background The applicant, OM Group, Inc. has submitted PB -08 -001 a Planning Board application which would allow an acupuncturist office within the "SR (HD -OV ", Specialty Retail — Hometown District Overlay Zone. The current Permitted Use Schedule in the Land Development Code only allows an acupuncturist in the City's office (RO,LO,MO) zones and in the TODD zoning districts as a "P" permitted use (matter of right). The submitted application is a request to adjust the Permitted Use Schedule to allow an acupuncturist as a permitted use in the SR(HD -OV) zoning District. 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 applicant has advised that they are considering a location on Sunset Drive. Observations on Application The applicant's .specific request would permit an acupuncturist office a "P" permitted use (matter of right) in the SR- Hometown Zoning District. There would be no special use hearings or conditions applied to this proposed use. The current Permitted Use Schedule allows for very similar type uses such as chiropractic offices, opticians, medical offices and dental offices in the SR- Hometown Zoning District as a permitted uses. The practice of acupuncture is now considered a very important alternative form of medicine and is also licensed and regulated by the State of Florida. Attached is a draft ordinance which amends the Land Development Code's Permitted Use Schedule (Section 20- 3.3(D), and a special section (Section 20 -7.12) on the Hometown District overlay zone which lists the permitted uses allowed in that district. Planning Board Action The Planning Board at its January 15, 2008 meeting adopted a motion by a vote of 6 ayes 0 nays recommending approval of the application. Recommendation It is recommended that the proposed amendment to allow an acupuncturist office as a permitted use in the "SR (HD - ", Specialty Retail — Hometown District Overlay Zone. he be approved on first reading. Backup Documentation: Draft Ordinance Application Letter of Intent Planning Department Staff Report, 1 -15 -08 Excerpt Planning Board Minutes 1 -15 -08 Mail Notice to applicant Public notices JP /SAY X: \Comm Items\2008\2- 19- 08\PB -08 -001 LDc Amend Acup 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 40 41 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" AND SECTION 20 -7.12 ENTITLED "PERMITTED USES" IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED USE IN THE "SR (HD -UV) ", SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Application No. PB -08 -001 was submitted to the Planning Department by OM Group, Inc., said application requesting that Section 20- 3.3(D), Permitted Use Schedule and Section 20- 7.12 of the City's Land Development Code be amended to permit an acupuncturist as a Permitted Use in the "SR(HD -OV)" zoning district; and WHEREAS, after review, the Planning Department recommended amending Section 20- 3.3(D) "Permitted Use Schedule," and Section 20 -7.12 entitled "Permitted Uses" of the City's Land Development Code to allow an acupuncturist as a permitted use; and WHEREAS, on January 15, 2008 after Public Hearing regarding the proposed amendment to LDC Section 20- 3.3(D) and Section 20 -7.12 the Planning Board approved a motion by a vote of 6 ayes 0 nays recommending that an acupuncturist as a permitted use in the "SR" and the "Hometown Overlay 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 Acupuncturist P P P P P P P 9 * Parking requirement category 9 requires 1 space or per 200 sq ft (Note: New wording in bold - underlined) ZONING DISTRICT R L M N S G T T T T T H P P C P O O O R R R O 0 0 0 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 Acupuncturist P P P P P P P 9 * Parking requirement category 9 requires 1 space or per 200 sq ft (Note: New wording in bold - underlined) 1 (2) 2 Section 2 That Section 20 -7.12, entitled, "Permitted Uses "," of the South Miami Land Development 3 Code is hereby amended to read as follows: 4 5 Hometown Overlay District 6 20 -7.12 Permitted uses. 7 The uses below are applicable to both new and existing buildings in the Hometown District: 8 B. Office Uses Unadjusted Parking Requirements: 1 parking space require per: Accounting & Auditing Services 250 SF Acupuncturist 200 SF Advertising Agency 250 SF Architectural Services 250 SF Building Contractors Office 250 SF Chiropractic Office or Clinic 200 SF Counseling Services 250 SF Credit Reporting Services 250 SF Dentist Office 200 SF 9 (Note: New wording in bold - underlined) 10 11 Section 3 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are 12 hereby repealed. 13 14 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or 15 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the 16 remaining portions of this ordinance. 17 18 Section 5.This ordinance shall be effective immediately after the adoption hereof. 19 20 21 PASSED AND ADOPTED this day of 52008 22 23 ATTEST: APPROVED: 24 25 26 27 CITY CLERK MAYOR 28 29 1" Reading - 30 2nd Reading - 31 Commission Vote: 32 READ AND APPROVED AS TO FORM: Mayor Feliu: 33 Vice Mayor Beasley: 34 Commissioner Wiscombe: 35 Commissioner Palmer: 36 Commissioner Beckman: 37 CITY ATTORNEY 38 29Comm Items\2008\2- 19- 08\PB -08 -001 LDC Amend Acup in SR Ord.doc City of-South Miami -- Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663 -6326; Fax: (305) 666 -4591 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: Lot(s) Block Subdivision PB Meets & Bounds: Applicant: Phone: ,�6� �hc _ .305 -538 O�( Representative: -2— OM Address: :?& ��vD / 4X4) Phone: �(,� FL, 3313 -- L5 Property Own r• Signature: Mai ng Addre�i : Phone: J 7 ✓ S."AwT' hQ1, 3oS- coiA2\" Architect/Engineer. Phone: AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner Owner's Representative Contract to purchase _Option to purchase XTenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: Text Amendment to LDC _Variance X Letter of intent —Zoning Map Amendment _Special Use _ Justifications for change _ PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Other 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 signed /1 reduced copy @ 11" x 17 ") _ 15 copies of Site Plan and Floor Plans 1 reduced copy @ 11" x 17" 20% Property owner signatures C V l a4/\. -L �} I� � I / G�1 2-1 STS n 1 v1 J K ,0 r, Section: Subsection: ' Page #: Amended Date: _ Mailing labels (3 sets) and map �C Required Fee(s) The un si ned has read this completed application and represents that the information and all submitted materials are true and correct best,of the applicant's nowle ge and belief. Ap P li ants &� ' Signature and title Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Pavment 8/2/00 em0 0 c v HEALTH & WELLNESS 11 Tuesday, December 11, 2007 ACUPUNTURE AT SEA WELLNESS CENTERS KXCLUSMLY ABOARD CELEBRITY CRUMn Julian H. Perez Philippe Manicom Planning Director CEO / Doctor of oriental Medicine FL. License a 1504 City of South Miami Tobi Manicom 6130 Sunset Drive Chief Financial Officer South Miami, FL 33143 Maya Sanchez COO / General Manager Dear Mr. Perez, We are intending to open an acupuncture clinic at 5760 Sunset Drive. At the moment the 5760 Sunset address, is not zoned for acupuncture services. We are applying to the City of South Miami for a change in the permitted use to allow acupuncture to be practiced in the SR zoning district. We have entered into a lease contract with owner, First National Bank of South Miami, at the space at 5760 Sunset Drive. We would like to request from the Planning Board to approve our request for change in the text of the Land Development Code to allow licensed acupuncturists to practice in the SR zoning district. OM Group Inc. plans to expand on opportunities nationwide in the years to come. Our goal is to provide people from all over the globe with affordable access to health care. Our mission starts with helping one person at a time. Maya General Manager, COO OM Group Inc,. Maya @OMGroupinc.net / /Enclosures 2650 Biscayne Blvd. Miami, FL 33137 - Tel 305.538.0161, Fax 305.538.0162 info @OMGroupInc.net., www.OMGroupInc.net , Chief Financial Officer traditional Chinese medicine thus contributing to the growing awareness in the U.S. about this Maya Sanchez tune - tested art of healing. Our lectures also include information on Chinese Herbology and COO / General Manager how our H2OM traditional Chinese formulas have been used for thousands of years to help prevent disease and treat negative symptoms in the body. Our program provides guests with highly qualified practitioners to help them better their lives in a safe and relaxing environment. The guests are treated to a full body - system consultation and treatment, and are on their way in about an hour. We've provided thousands of people the opportunity to enjoy their vacation without pain and suffering, and also provided them with information that will improve or even save their lives. There are many highly renowned professionals and celebrities that clutter Dr. Manicom's list of clients. This list is filled with names like: Shaquille O'Neal Ruth Riley Anfemee Hardaway Lenny Kravitz Brian Grant Barbara Becker Cedella Marley Julio Iglesias Sargent Shriver Rosemary Kennedy At our Acupuncture Wellness Center in the heart of the South Miami downtown district in Miami we plan to have a modern facility providing professionall y administered spa services, fitness and wellness components and a full line of H2OM herbal products available for purchase. We will be the exclusive acupuncture wellness center of South Miami where everyone leaves feeling better. Feeling good is what we are all about, and we plan to provide this first of its kind brand of healthcare in South Miami. OM Group's services would no longer be exclusive to the patrons of the cruise line industry. Our wellness center would allow the residents and fellow business owners of the city of South Miami to enjoy our first class services which up to now were only offered on board our wellness centers at sea. South Miami downtown at 5760 Sunset is the ideal location for a "first of its kind" wellness center, targeting a very meticulous clientele. Demanding people looking for the best ways to improve their lives are who we aim to please. With a high customer satisfaction rate we plan to have consumers leave feeling better about themselves and on their Sincerely, Maya Sanchez General Manager, COO' OM Group Inc. a healthier, more balanced way of life. 2650 Biscayne Blvd. Miami, FL 33137 - Tel 305.538.0161, Fax 305.538.0162 info @OMGroupInc.net, www.OMGroupinc.net ems0 Dr. Philippe Manicom combines personalized VIP treatments with innovative acupuncture C techniques to create an eye opening experience to the great wonders of Chinese medicine. His HEALTH 6 WELLNESS 21 gentle approach produces powerful results. Using the ancient techniques of Chinese medicine, Philippe treats not only his patients' pain or symptoms, but the root cause of their ailments and ACUPUNTURE AT SEA conditions, be it physical, emotional or environmental. Dr. Philippe is the founder of WELLNESS CENTERS Acupuncture at Sea and has been partnered with Celebrity Cruise Lines since 2003. EXCLUSIVELY ABOARD CEO BRM CRUISM Philippe Manicom At our Acupuncture at Sea Clinics onboard, we offer not only acupuncture, but also massage CEO / Doctor of Oriental Medicine FL. License At 1504 therapy, nutritional programs, and new "state of the art" noninvasive diagnostic services. Tobi Manicom Onboard, our program is also educational, lecturing the guests about all the benefits of Chief Financial Officer traditional Chinese medicine thus contributing to the growing awareness in the U.S. about this Maya Sanchez tune - tested art of healing. Our lectures also include information on Chinese Herbology and COO / General Manager how our H2OM traditional Chinese formulas have been used for thousands of years to help prevent disease and treat negative symptoms in the body. Our program provides guests with highly qualified practitioners to help them better their lives in a safe and relaxing environment. The guests are treated to a full body - system consultation and treatment, and are on their way in about an hour. We've provided thousands of people the opportunity to enjoy their vacation without pain and suffering, and also provided them with information that will improve or even save their lives. There are many highly renowned professionals and celebrities that clutter Dr. Manicom's list of clients. This list is filled with names like: Shaquille O'Neal Ruth Riley Anfemee Hardaway Lenny Kravitz Brian Grant Barbara Becker Cedella Marley Julio Iglesias Sargent Shriver Rosemary Kennedy At our Acupuncture Wellness Center in the heart of the South Miami downtown district in Miami we plan to have a modern facility providing professionall y administered spa services, fitness and wellness components and a full line of H2OM herbal products available for purchase. We will be the exclusive acupuncture wellness center of South Miami where everyone leaves feeling better. Feeling good is what we are all about, and we plan to provide this first of its kind brand of healthcare in South Miami. OM Group's services would no longer be exclusive to the patrons of the cruise line industry. Our wellness center would allow the residents and fellow business owners of the city of South Miami to enjoy our first class services which up to now were only offered on board our wellness centers at sea. South Miami downtown at 5760 Sunset is the ideal location for a "first of its kind" wellness center, targeting a very meticulous clientele. Demanding people looking for the best ways to improve their lives are who we aim to please. With a high customer satisfaction rate we plan to have consumers leave feeling better about themselves and on their Sincerely, Maya Sanchez General Manager, COO' OM Group Inc. a healthier, more balanced way of life. 2650 Biscayne Blvd. Miami, FL 33137 - Tel 305.538.0161, Fax 305.538.0162 info @OMGroupInc.net, www.OMGroupinc.net oUT�� � � r N q U • INCORPORATED * 1927 �4Z ORVO CITY OF SOUTH MIAMI South Miami All- America City 2001 To: Honorable Chair & Date: January 15, 2008 Planning Board Members From: Julian Per i RE: LDC Amendment Planning D for Permit Acupuncturist use in SR District PB -08 -001 Applicant: OM Group Inc. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIANII, FLORIDA, AMENDING SOUTH NIIANII LAND DEVELOPMENT CODE SECTION 20- 3.3(1) ENTITLED "PERMITTED USE SCHEDULE" AND SECTION 20 -7.12 ENTITLED "PERMITTED USES" IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED USE IN THE "SR (HD -OV) ", SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; PROVIDING FOR SEVERABILITY,, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. SUNIMARY The applicant, OM Group, Inc. is proposing to open an acupuncturist office on Sunset Drive within the "SR (HD -OV ", Specialty Retail — Hometown District Overlay Zone. The current Permitted Use Schedule in the Land Development Code only allows an acupuncturist in the City's office (RO,LO,MO) zones and in the TODD zoning districts as a permitted use (matter of right). The submitted application is a request to adjust the Permitted Use Schedule to allow an acupuncturist as a permitted use in the SR(HD -OV) zoning District. 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 specific request would permit an acupuncturist office a'T" permitted use (matter of right) in the SR- Hometown Zoning District. There would be no special use hearings or conditions applied to this proposed use. (2) The current Permitted Use Schedule allows for very similar type uses such as chiropractic offices, opticians, medical offices and dental offices in the SR- Hometown Zoning District as a permitted uses. (3) The practice of acupuncture is now considered a very important alternative form of medicine and is also licensed and regulated by the State. LDC Amendment Permitted Use Amendment January 15, 2008 SPECIFIC LDC AMENDMENTS In order to accomplish what is requested in the application Section 20- 3.3(D) Permitted Use Schedule and Section 20 -7.12 must be amended as follows: Section 20 -3.3 Permitted Use Schedule BUSINESS AND PROFESSIONAL SERVICES Acupuncturist P P P P P P P 9 * Parking requirement category 9 requires 1 space or per 200 sq ft (Note: New wording in bold - underlined) Hometown Overlay District 20 -7.12 Permitted uses. The uses below are applicable to both new and existing buildings in the Hometown District: B. Office Uses Accounting & Auditing Services 250 SF ZONING 200 SF DISTRICT 250 SF Architectural Services 250 SF 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 14 BUSINESS AND PROFESSIONAL SERVICES Acupuncturist P P P P P P P 9 * Parking requirement category 9 requires 1 space or per 200 sq ft (Note: New wording in bold - underlined) Hometown Overlay District 20 -7.12 Permitted uses. The uses below are applicable to both new and existing buildings in the Hometown District: B. Office Uses Accounting & Auditing Services 250 SF Acupuncturist 200 SF Advertising Agency 250 SF Architectural Services 250 SF Building Contractors Office 250 SF Chiropractic Office or Clinic 200 SF Counseling Services 250 SF Credit Reporting Services 250 SF Dentist Office 200 SF (Note: New wording in bold - underlined) RECOMMENDATION: It is recommended that the request to amend the Land Development Code's Permitted Use Schedule and the Hometown District Permitted Use section to allow acupuncturist as a permitted use within the SR(HD -OV) zoning district be approved Attachments: Application Applicant's Letter of Intent Public notices Y:\PB\PB Agendas StaffReports\2008 Agendas Staff Reports \1- 15- 08\PB -08 -001 LDC Amend Acupuncture in SR.doc CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, January 15, 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 7:39 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Ms. Beckman, Ms. Young, Ms. Yates, Mr. Davis and Ms. Chael. Absent: Mr. Farfan City staff present: Luis Figueredo (City Attorney), . Sanford A. Youkilis (Planning Consultant), and Lluvia Resendiz (Administrative Assistant) Absent: Julian H. Perez (Planning Director). IV. Planning Board Applications I Public Hearing PR- (1R -(NY1 Applicant: OM Group Inc. 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" AND SECTION 20 -7.12 ENTITLED "PERMITTED USES" IN ORDER TO ALLOW ACUPUNCTURIST AS A PERMITTED USE IN THE "SR (HD -OV) ", SPECIALITY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Young read the item into the record. Mr. Youkilis advised that the subject was an acupuncturist which is currently a permitted Planning Board Meeting January 15, 2008 Excerpt .Page 2 of 2 use in all the office zones LO, RO, and MO however not in the downtown district. Currently the use is very similar to uses already allowed in the SR district. It is a licensed state profession therefore staff recommends approval. Chairman Morton opened the public hearing. Speakers: NAME ADDRESS SUPPORT /OPPOSE Philippe Manicom 5760 SW 72 Street Support Mr. Manicom, owner, of an acupuncture clinic advised he would be happy to provide acupuncture services to the City. He is a primary care physician in the state of Florida, which is a requirement in order to practice acupuncture. They will offer several services where five individuals will be employed. Sharon McCain 7502 SW 58 Avenue Support Ms. McCain questioned if the applicant must meet the parking requirement. She added that currently there a nursery school, which is a permitted use, locating on an overly developed street. The nursery does not provide ingress and egress. She was concerned as to where the employees and the clients will park. Ms. McCain advised that there are available parking venues in the City such as municipal monthly decals which may be purchased by the City. Mr. Youkilis advised the application is only the beginning of the process and relates only to the change in the permitted use schedule. After the Planning Board takes action the City Commission will take action as well. After that process the applicant may apply for an occupational license at a specific location and at that time staff will review the parking requirements and determine if it will meet the requirements. Motion: Ms. Beckman moved to approve the request as presented. Ms. Young seconded. Vote: 6 Ayes 0 Nays XAComm Items\2008\2- 19 -08 \PB Minutes 1 -15 -08 Excerpt Acunp.doc