05-04-04 Item 13CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: May 4, 2004
Commission Members
ITEM No. / ?
From: Maria Davis RE: LDC Amendment: Permit
City Manager /s Nail Spa in SR(HD -OV) District
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO A 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 "SR (HD -OV) ",
SPECIALTY RETAIL (HOMETOWN OVERLAY) ZONING USE DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
SUMMARY
The applicants are requesting the City to amend the Permitted Use Schedule of the Land Development
Code to include " nail and skin care " as a permitted use in the "SR (HD -OV) ", Specialty Retail
Hometown Overlay Use District. The applicants indicate that if the amendment is approved this type of
use would be placed in the Shops at Sunset Place. The City's current Permitted Use Schedule does not
allow fora nail or skin care establishment as a stand alone permitted use in any zoning district. A nail and
skin care use is only permitted as an accessory use in the LO and MO (office) use districts after special
use approval by the Planning Board and City Commission.
It is important to note that the submitted application is a general text amendment to the Land
Development Code, and is not site specific. If the proposed amendment is approved, it would be
applicable to all properties located in SR(HD -OV) zoning use district.
STAFF OBSERVATIONS
(1) The uses allowed in the SR district are included in the Permitted Use Schedule (Section 20- 3.3(D)
which is a listing of what uses are permitted in each of the City's 26 zoning use districts. There are
currently over 100 separate commercial (permitted and special) uses allowed in the SR zoning use
district. (see Attachment Commercial Uses Permitted in SR.) .
(2) At present nail and skin care use is only permitted as an accessory use in the LO and MO (office)
use districts after special use approval by the Planning Board and City Commission. There are a number
of conditions (Location, size, no signage ) specified in the Code related to this type of use if it is in the
office district. Nail and skin care use is specifically listed in the City's Permitted Use Schedule,
however, it is incomplete in that it fails to indicate in what other districts this use could be allowed.
LDC Amendment
Permitted Use
(3) 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 was felt that nail and skin care uses are indistinguishable from the beauty and barber shop uses. In
its January, 2003 final report the Task force recommended combining all of these uses into one
category under beauty and barber shops as shown below.
SPECIFIC LDC AMENDMENT
In order to accomplish what is requested in the application Section 20- 3.3(D) Permitted Use Schedule
must be amended as follows:
Certinn 20_3.3 (D) Permitted Use Schedule
RITCINESS AND PROFESSIONAL SERVICES
ZONING
DISTRICT
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establishment)
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USE TYPE
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RITCINESS AND PROFESSIONAL SERVICES
(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 of 5 ayes and 0 nays,
recommending adoption of the proposed ordinance.
RECOMMENDATION:
It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to
allow nail and skin care use as an accessory use or as a separate permitted use in the all of the City's
commercial use districts, including the SR (HD -OV), Specialty Retail Hometown Overlay Use District
be approved.
Attachments:
Draft ordinance
Application
Applicant's Letter of Intent
Uses Permitted in SR(HD -OV)
Planning Board Minutes Excerpt 4 -13 -04
Public notices
MD/DOD/SAYhT
E: \Comm Items\2004 \5- 4- 04\PB -04 -003 LDC Amend Nail Spa in SR.doc
Beauty or Barber Shop(includes nail/skin
S
S
P
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P
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P
16
11
care as accessory or as separate
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 of 5 ayes and 0 nays,
recommending adoption of the proposed ordinance.
RECOMMENDATION:
It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to
allow nail and skin care use as an accessory use or as a separate permitted use in the all of the City's
commercial use districts, including the SR (HD -OV), Specialty Retail Hometown Overlay Use District
be approved.
Attachments:
Draft ordinance
Application
Applicant's Letter of Intent
Uses Permitted in SR(HD -OV)
Planning Board Minutes Excerpt 4 -13 -04
Public notices
MD/DOD/SAYhT
E: \Comm Items\2004 \5- 4- 04\PB -04 -003 LDC Amend Nail Spa in SR.doc
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M
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO A 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 "SR (HD -OV) ", SPECIALTY
RETAIL (HOMETOWN OVERLAY) ZONING USE DISTRICT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Application No. PB- 04 -003 was submitted to the Planning and Zoning Department by
Bakery Associates Ltd. and Modern Nails, said application requesting that Section 20- 3.3(D), Permitted
Use Schedule of the City's Land Development Code be amended to allow nail and skin care as a
permitted use in the "SR(HD -OV) ", Specialty Retail (Hometown Overlay) Use District; 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 permit nail and skin care as
an accessory use and as a permitted use in the City's commercial zoning districts including the "SR(HD-
OV)", Specialty Retail (Hometown Overlay) Use District; and
WHEREAS, on April 13, 2004, after Public Hearing regarding the proposed amendment to Section
20- 3.3(D) , the Planning Board approved a motion by a vote of 5 aye and 0 nays recommending that
nail and skin care uses be allowed as an accessory use and as a permitted use in the City's commercial
zoning districts including the "SR(HD -OV) ", Specialty Retail (Hometown Overlay) Use 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
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ZONING
DISTRICT
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USE TYPE
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BUSINESS AND PROFESSIONAL SERVICES
iq Gam 4=6 44
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Beauty or Barber Shop(includes nail/skin
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care as accessory or as separate
establishment)
(Note, New wording in bold — underlined; wording to be removed indicated by strike - through)
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
I st Reading -
2 °a Reading -
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2004
G39"11
MAYOR
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
E:\PB \PB Agendas Staff Reports\2004 Agendas Staff Reports \4- 13- 04\PB -04 -003 LDC Amend Ordinance.doc
�► -- -- — Citrof- -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:
Meets & Bounds: J 10 t
APPlica t:. -r tom•
� D® p 6
Representative:
Address: b400 Sk 123C
Property Owner:J�ut
Mailing Address:S
Architect/Engineer. '-� - r3, 4'(0-20
Lot(s) Block Subd
PB -
Phone:
Organization:
Phone:
Iq
Signature:
Phone:. v17 - &_Ao -° I GO -0
Phone:
JAS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT -
_Owner _Owner's Representative _Contract to purchase Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM:
4Text Amendment to LDC _Variance
_, Zoning Map Amendment _Special Use
_, PUD Approval _Special Exception
_ PUD Major Change _Other
Briefly explain application and cite specific Code sections:
rr,-- I � A I . - ) - A
eSd +c I � P
Section: Subsection: Page #: Amended Date:
SUBMITTED MATERIALS
PLEASE CHECK ALL T APPLY:
;LWerof intent ✓ k .lustrflc9tion�
J IVI l•IIQ7Iy fr
Statement of hardship
Proof of ownership or letter from owner
Power of attorney
Contract to purchase
— Current survey (1 original sealed and
signed /1 reduced copy @ 1118 x 1 T)
® 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11" x 17"
_
20% Property owner signatures
/piling labels (3 sets) and map
.It/Required Fee(s)
The undersigned has read this completed application and represents thaed inf' ation and all submitted materials are true and
correct to the best of the applicant's knowledge and belief.
Applicant's Signature tarrQ i e
Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Deve oprt Code and other
applicable regulations. Applications found not in compliance will be rejected andpreturned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Pavment
03/26/04 09:23 FAX 3056630167 SHOPS AT SUNSET
THE SHOPS AT SUNSET PLACE
March 25, 2004
Sanford A. Youkili5, AICP
City of South Miami
Planning and Zoning
6130 Sunset Drive
South Miami, Fl 33143
Reference: Modern Nails
Dear Mr. Youkilis:
Let it be known that Bakery Associates, LTD desires to enter into a lease of space at
The Shops At Sunset Place, and desires that said space be operated as a nail salon
together with the sales of prgducss customarily sold at nail salons.
This use will be of great benefit to local residents. Also, this could be a great
opportunity to boost the economy in the area, promote growth of small businesses
and encourage, with our help, the further development of the Hometown District. .
if you have any nupcfions please irnntArl� tha r)firrz dr�lminicl -r =lnr 1 ��r— r`.,Inr. r r--
I� have �7 --: % Vi 111E
at (305) 663 -0482.
Sincerely,
T.J. Cunningham
General Manager.
Attachment
Management Office
5701 5unsot Drive, 5uile 100
South Miami, Fl. 33143
305.6e3,04B2
(305.663.01(37 Fax
shopsimon.eom T4
2002
SIMON-
PERMITTED COMMERCIAL USES IN "SR(HD -OV)" DISTRICT
Accounting and Auditing Services
Advertising Agency
Architectural Services
Bank or Savings Institution
Beauty or Barber Shop
Bed and Breakfast
Building Contractors Office
Chiropractic Office or Clinic
Counseling Services
Computer Supplies & Services
Credit Reporting Services
Dentist Office
Dry Cleaning Substation (no processing)
Dry Cleaning Plant (S)
Employment Agency
Engineering Services
Film Processing Substation
Hotel or Motel
Insurance Agency
Interior Decorator, Showroom & Salesroom
Interior Decorator, Office only
Investigative Services
Investment & Tax Counseling
Laboratory, Medical or Dental
Laundromat
Law Office
Loan or Finance Agency
Mail & Parcel Center
Market Research Services
Message Therapist
Medical Office
Messenger or Courier Services
Notary Public
Office, Business or Professional
Opticians or Optical Goods, Showroom
Opticians or Optical Goods, Office only
Personal Skills Instruction Studio
Photographic Studio
Physical Fitness Facility
Picture Framing Store
Planning & Zoning Consultant
Public Relations Services
Quick Printing
Real Estate Agency
Reproduction & Stenographic Services
Shoe Repair Shop
Stock Brokerage
Tailor or Seams Yess
Telephone Answering Services
Tutorial Services
Theater or Cinema
Travel Agency
Watch and Clock Sales & Repair
Video Tape Rental Store
Antique or Curio Shop
Bakery
Bicycle Sales & Services
Book or Stationery Store
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
Dairy Products Store
Deli
Department or Dry Goods Store
Drinking Place
Drug, Pharmacy or Sundry Store
Fabric or Drapery Shop
Florist
Grocery Store (over 4,000 sf gfa)
Gift, Novelty or Souvenir Shop
Hardware Store
Hobby, Toy or Game Shop
Household Appliance Store
Home Furniture or Furnishings Store
Jewelry Store
Lighting Fixtures Store
Liquor Store
Luggage or Leather Goods Store
Newsstand
Office Supplies
Paint Glass & Wallpaper Store
Pet Sales or Grooming Services
Poultry, Meat or Seafood. Market
Restaurant, General (S)
Restaurant, Walk up (S)
Sewing, Needlework or Piece Goods Store
Shoe Store
Small Restaurant (S)
Sporting Goods Store
Tea Room
Tobacco Shop
Used Merchandise Store: Antiques
Used Merchandise Store: Consignment Goods (S)
Variety Store
Radio & TV Broadcasting Station
Bus, Transit or Taxi Terminal
Parking Lot, Commercial
EALand Development Code \PERMITTED USES studiesTERMITTED USES IN SR DISTRICT.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, April 13, 2004
City Commission Chambers
7:30 P.M.
EXCERPT
IV. Planning Board Application/ Public Hearings
PB -04 -003
Applicant: Bakery Associates Ltd. And Modern Nails D /B /A Pinkies Nail Spa
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO A 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 "SR (HD -OV) ", SPECIALTY RETAIL (HOMETOWN OVERLAY)
ZONING USE DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES
IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Action: Mr. Illas read the item into the record and Mr. O'Donniley presented the staff report. He
explained that the applicant was requesting the City to amend the Permitted Use Schedule of the Land
Development Code to include "nail and skin care" as a 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 for the use of nail salon as a stand alone
use but only as an 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 the motion. The
motion was approved by the following vote:
Voter Ayes 5 Nays 0