05-18-04 Item 10South Miami
All- America City
• McORPORATEO
1927 -
�d0R110 2001
CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: May 18, 2004
Commission Members
r ITEM No. /10
From: Maria Davis he, RE: LDC Amendment: Permit
City Manager Nail Spa in Commercial Zones
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 SAME ZONING
USE DISTRICTS WHICH CURRENTLY ALLOW BEAUTY AND BARBER
SHOPS; PROVIDING FOR SEVERABILITV9 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.
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 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 as a permitted accessory use in the three TODD commercial zoning
districts. The City's current Permitted Use Schedule does not allow for a nail or skin care establishment in
any retail zoning use district or as a 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
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.
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 as a separate establishment in a 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:
Section 20 -3.3 (D) Permitted Use Schedule
BUSINESS AND PROFESSIONAL SERVICES
P P P; 4=6 44
Beauty or Barber Shop(includes nail/skin S S P P P P P P M16 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.
RECOMMENDATIONc
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 same zoning use
districts which currently allow beauty or barber shops ( LO, MO, NR, GR, SR, and TODD commercial
use districts) be approved.
Attachments:
Draft ordinance
Application
Applicant's Letter oflntent
Planning Board Minutes Excerpt 4 -13 -04
Public notices
MD /DOD /SAY
E: \Comm Items\2004 \5- 18- 04 \LDC Amend Nail Spa in SR.doc
1 ORDINANCE NO.
2
3
4
5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
6 SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF
7 SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D)
8 ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW A NAIL AND
9 SKIN CARE USE AS A PERMITTED USE IN THE SAME ZONING DISTRICTS
10 WHICH CURRENTLY ALLOW BEAUTY AND BARBER SHOPS; PROVIDING FOR
11 SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
12 AN EFFECTIVE DATE
.13
14
15 WHEREAS, Application No. PB- 04 -003 was submitted to the Planning and Zoning Department by
16 Bakery Associates Ltd. and Modern Nails, said application requesting that Section 20- 3.3(D), Permitted
17 Use Schedule of the City's Land Development Code be amended to allow nail and skin care as a
18 permitted use in the "SR(HD -OV)," Specialty Retail (Hometown Overlay) Use District; and
19
20
21 WHEREAS, the City's Zoning Task Force in 2002, comprehensively reviewed the Permitted Use
22 Schedule and recommended a`number of changes to the types of uses permitted in each zoning district,
23 including a recommendation that nail and skin care uses are indistinguishable from the beauty and barber
24 shop uses and therefore should be part of the beauty and barber shops category; and
25
26
27 WHEREAS, after review, the Planning and Zoning Department recommended amending Section 20-
28 3.3(D) "Permitted Use Schedule, of the City's Land Development Code to incorporate nail and skin care
29 uses into the beauty and barber shops category, thereby allowing nail and skin care uses as an accessory
30 or as a separate use in the LO, MO, NR, GR, SR, and TODD commercial use districts; and
31
32
33 WHEREAS; on April 13, 2004, after a Public Hearing regarding the proposed amendment to Section
34 20- 3.3(D), the Planning Board approved a motion by a vote of 5 ayes and 0 nays, recommending that nail
35 and skin care uses be incorporated as part of the beauty and barber shops category, thereby allowing nail
36 and skin care uses as an accessory or as a separate establishment in the LO, MO, NR, GR, SR, and TODD
37 commercial use districts; and
38
39
40 WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and
41 enact the aforesaid amendment.
42
43
44
45 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
46 THE CITY OF SOUTH MIAMI, FLORIDA THAT:
47
48 Section l Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land
49 Development Code is hereby amended to read as follows:
50
51
52
53
54
55
1 (2)
2
3
4
5
6 Section 20 -3.3 (D) Permitted Use Schedule
7
8
9 BUSINESS AND PROI+ESSIONAL SERVICES
&
&
ZONING
P
P
DISTRICT
46
4=�
R
L
M
N
S
G
T
T
T
T
T
H
P
P
C
P
11
O
O®
R
R
R
O
O
O
O
O
I
R
O
A
establishment);
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
9 BUSINESS AND PROI+ESSIONAL SERVICES
10
11 (Note: New wording in bold underlined; wording to be removed indicated by strike - through)
12
13
14 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
15 hereby repealed.
16
17
18 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
19 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
20 remaining portions of this ordinance.
21
22
23 Section 4. This ordinance shall be effective immediately after the adoption hereof
24
25
26 PASSED AND ADOPTED this day of 2004
27
28 ATTEST: APPROVED:
29
30
31 CITY CLERK " MAYOR
32
33
34
35
&
&
P
P
P
46
4=�
Beauty or Barber Shop(includes nail/skin
S
S
P
P
P
P
P
P
16
11
care as accessory or as separate
establishment);
10
11 (Note: New wording in bold underlined; wording to be removed indicated by strike - through)
12
13
14 Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
15 hereby repealed.
16
17
18 Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or
19 unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
20 remaining portions of this ordinance.
21
22
23 Section 4. This ordinance shall be effective immediately after the adoption hereof
24
25
26 PASSED AND ADOPTED this day of 2004
27
28 ATTEST: APPROVED:
29
30
31 CITY CLERK " MAYOR
32
33
34
35
1
2
(3)
-3
4
5
15t Reading:
6
2nd Reading:
8
g
COMMISSION VOTE:
10
READ AND APPROVED AS TO FORM:
Mayor Russell:
11
Vice Mayor Palmer:
12
Commissioner Wiscombe:
13
Commissioner Birts- Cooper:
14
Commissioner Sherar:
15
16
CITY ATTORNEY
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
42
43
44
45
46
47
48
E: \Comm Items \2004 \5 -18 -04 \Hair & Nail Amend Ordinance.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
H5 i Ht: ANrLIL:AN 1, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
--Owner Owners Representative _Contract to purchase _Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: I ISUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL T APPLY:
4Text Amendment to LDC _,Variance - L�r of intent �i e
® Zoning Map Amendment Special Use k Justiflc2tions —r cha„ge
® PUD Approval — Special Exception _s 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: ' .P e Contract to purchase
6r�� � Cam + 01-x, O JU�-t7�
_ Current survey (1 original sealed and
– ' C q- p �– signed /1 reduced copy @ 11" x 17 ")
s,z s l 2- `„ scb, �� �lj� _ 15 copies of Site Plan and Floor Plans
1 reduced copy @ 11 " x 17"
20 %o Property owner signatures
ecion: Subsection: Page te: iling labels (3 sets) and map
Fee(s)
�
The undersigned has read this completed application and represents th a in ' ation and all submitted materials are true and
correct to the best of the applicants knowledge and belief.
Applicant's Signature and titfe
-- Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Deve op t 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 Payment
8/2/00
03/26/04 09:23 FAX 3056630167 SHOPS AT SUNSET
THE SHOPS AT SUNSET PLACE
March 25, 2004
Sanford A. Youkilis, 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 spade at
The Shops At Sunset Place, and desires that said space be operated as a nail salon
together with the sales of products 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 yol l havre nny Mi IectiQnc� plea�rr5 rnntal -i� ��o f�lffir� Ari nlCfI -M n r 1 uCy f"`nlnrl nr rn
J II(JY VII 4 J 1 11V 1 Y 4 4V1 IL -' 1V 11 VV 11.11111111.]11Y4V1 {� �..V V I VI Ilya
im
at (305) 663 -0482.
Sincerely,
TI. Cunningham
General Manager
Attachment
Management Off1Ce
5701 Sunsot Drive, Suile lot)
South Miami, Fl- 33143
305,E+63,04f32
(305,663.0167 Fax
shopsimon.com Tw
2002
SIMON-
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, April 13, 2004
City Commission Chambers
7 :30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Mann, and Mr.
Comendeiro and Mr. Illas.
Board members absent: Ms. Gibson and Mr. 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 / Public Hearings
PB -04- 003
Applicant: Bakery Associates Ltd. And Modern Nails D /B /A Pinkies Nail Spa
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;
Planning Board Meeting
April 13, 2004
PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Actions 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 a 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.
Motions Ms. Yates moved for approval of the application. Mr. Commendiero seconded
the motion. The motion was approved by the following vote:
Vote: Ayes 5 Nays 0