Item 10A- WAIV18-0004 Request for WaiverCITY OF ATLANTIC BEACH:
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: WAIY 18-0004 PubHe Hearing
Request Foy° a waiver as petmitted by Section 24-46(d) to waive the
prohibition of tattoo artists within the Commercial General zoning
district as required by Section 24-11 l (b) at 1021 Atlantic Boulevard,
Unit 983.
SUBMITTED BY: Shane Corbin, Conununity Development Director
DATE:
April 27, 2018
BACKGROUND: The applicant is Gianefer Ross who is proposing to add a cosmetic permanent
rnakup component to her existing beauty salon business at unit 983, 1021 Atlantic Boulevard. The
property is located in a multitenant commercial center with LA fitness as the major anchor
business. Permanent makup is a cosmetic technique that uses tattoos to mimic makeup in facial
areas such as the lips, eyelids, and eyebrows.
A waiver is required for a cosmetic pen-nanent makeup business because of the use of tattoos which
are expressly prohibited in the General Commercial (GC) :coning disfi iet. Section 24-111 (a) is the
Intent section of the GC zoning district and states in part, "... Uses shall also not includle,., taltaa
or body artists... "°. This specific prohibition means a use -by -exception is not possible and the
prohibition must be waived by the City Commission. This code provision was added in 2010.as
Dart of a larger code update.
BUDGET: None.
RECOMMENDATION: To consider waiver request WAIV 18-0004.
ATTACHMENTS: WAI V 18-0004 application,
REVIEWED BY CITY MANAGER:
I .A' 1
.IPI'QACATION FOR LAND DEVELOPMENT REGULATIONS WAIVER
City of Atlantic Beach - 80D Seminole Road - Atlantic Beach, Florida 32233
Phone; (904) 247-5826 - FAX (904) 247-5845 - http:/hvlvw.eoab.us
Date 1 File No.
Receipt
Section 2rovi (d) permits the City Commission to authorize limited Waivers, on a case-by-case basis, from a
specific provisions} of these Land Development Regulations when it is demonstrated that compliance with
such provisions) would be unreasonable, in conflict with the pablic interest, or a practical impossibility. A
Waiver from these Land Development Regulations may be approved only upon showing of good cause, and
ih conforms to
upon evidence that an alternative to a specific provisions) of this Chapter shall be provided, whc
the general intent and spirit of these band Development Regulations. In considering any req he for a `Waiver
from these band Development Regulations, the City Commission may reest
[liiire conditions as appropriate to
ensure that the intent of these Land Development Itegulations is enforced. A Waiver shall not modify any
requirement or term customarily considered as a Variance or any requirement or term prohibited as a
Variance, and shall be considered only in cases where alternative administrative procedures are not set for the
within the City Code of Ordinances.
I. Applicant's Name _
2. Applicant's Address
3. Property Location
4. Property Appraiser's E) _V `� Z 3
p ty ppraiser s Real Estate Number ( . �7 -fide
5. Current Zoning CiassltIcatlon G. Comprehensive l2in Future Land Use designation
7. Reques1.ted provisions) from which waiver i� 1341tght� �{j t4
S. Size of Parcel 9. Utility Provider �.
10. Provide all of tine following information. -
R. Proof of ownership (deed or certifieate by lalvycr or abstract company or title company that verifies record
owner as above). If the applicant Is not the owner, a letter of authorizAtlan.from the owner(s) for npplicnnt to
represent the Owner for nil purposes related to this applicAtion must be'provided.
b. Survey And legal description of property.
c. Required number of copies (2)
d. Application Fee ($254.40)
I HEREBY CERTIFY THAT ALL INFORMATION PROVIDED WITH TMS APPLICATION IS coRnCT:
Signature of owners) or authorized person if owner's authorization loran is attached:
Printed or typednnme)
.Signature(s), /144-
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ADDRESS AND CONTACT INFORMATION OF PERSON TO RECEIVE ALI,'CORRESPONDIENCE REGARDING TMS
APPLICATION
Name; terra is 1M �i lJ 71C'C-
Mailing Address, Ea .gy p L-4 F j (4
phone: � 2 41 _ L
Fa
E-mail:b 4A mV Q S4 L (�
10- Statement of facts and any special reasons for the requested Waiver, which demonstt,ates compliance Ivith
Section 24-46 (d) of the Zoning and Subdivision and Land Developrtient )Regulations Arid s eci call
describin ho}v there teest corn lies with the Conditions necessar for the C11tv Commissiott to a rave this
U t• Please attach additional pages if needed.
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SAI+aV S11'I�iUh
SCILA - AUenl(i) Villstln
983 Alltrillk: ROU1610rlyd Sufi®v, 1:1121
Alluntle hessdi, Flalda 32233
N'OUR S JACKSONVILLE LLC
STUDIO LICENSE AGREEMENT
tits 5 t UWU LtLENSE AGREEMENT ("Agreement") made this 28
day of vc�, 2017 by and between Four S Jacksonville LLC:, a
Delaware limited liability company (hereinafter "SOLA"), whose address is 13UO
Baxter street, Suite 421, Charlotte, NC 28204; and
Dani -Fe S (h.reinafter "Licensee"), whose
address is 3WO 399 St � S #4nf1 JACkSQAJ PULL 5&F t ff ?V- '3 `zs u
KhU t ALS:
WHEREAS, SULA is a limited liability company incorporated
under the laws of the State of Delaware which licenses the rights to
operat. within individual studio spaces within certain premises (thy
"Leased Prmniseo") leased trom Atlantic Village/-hKuity One ("Master
Landl.id") in a space commonly known as Sola at 983 Atlantic Blvd.
Atlantic Beach; YL 32233.
WHEREAS, Licensee is duly licensed by the State of rlorida
uepartment of Buain%,as Professional Regulations, Lloard of
cosmetology to perform beauty care services to the public pursuant
to the icense No. C E tool 0 issued on the V day of
w nEKEAS, SOLA deoire. to grant Licensee a limited,
revocable license to use a studio within the Leased Premises.
Now, -nit"Pu", in consideration of the mutual co.,sideration as set
torth herein, the parties hereby agree as follows:
AuKi-,g v1LNT
License. SULA hereby licenses Studio # 1 (the "Studio") to
Lic�,naee under the terms and conditions of this Agrecuient, toguthe, with
the non-exclusive rights to use the common areas leased to SOLA under
the Master Lea.e and the common areas in the Leased Yreuiises, which
include the hallways, vestibule, coin-operated laundry and break room,
and bathrooms.
2. License Fev. Licctisee agrees to pay a License ree for the license to use
thr, Studio in the an.uunt of $ Z:(_0 per week ($ 19" 7% Florida
Sales Tah) for the first twelve (12) months and $ l Z> per week
kP��S -1- 7% Florida Sales Tax) for rrronths 13 through 24. Licensee
L f (f -Ars A"44W't :
shall pay to SULA the License vee due for the Studio on or before the
close of business on each rriday prior to the ensuing workweek by
recurring electronic funds transfer from Licensee's bank account.
3. Term. The license granted hereunder shall be for a to (the "Term") of
gq months, commencing on the Z$ day of �.j 3+ ,
of , and tetntinating at midnight on the LzS day
001% Nothing contained in this paragraph shall be uonstiued to limit
SuLA's right to ternunate this Agreement sooner than enpiration of the
Term in the event of Licensee's default hereunder.
4. Us. Licensee agrees that the following services; and only the following
Sul vices will be perforrued by Licensee; and by no other person, in the
Studio (the ''Permitted use" y (check as applicable) ❑ hairstyling ❑
haircutting —/❑ haircoloring-�anicures ❑ pedicures ❑ waxing
massage L2' facials ko�ther:(describe here)
uu, y�C (yl/+�yy� other services or uses shall be
permittewithout SOLA's prior written permission, and are specifically
prohibited (for example, operation of -tanning beds and spray -on -tanning
ars pruhibit.d)
5. Damage Deposit. Upon execution of this Agreement, Licensee shall pay
two weeks Damage Deposit in the amount of $ the Damage
Deposit shall be refunded to Licensee within thirty (m) days of the
termination of this Agreement and or any renewals, provided however,
L;cen.ee is not in default of -any obligations herein ans has not damaged
the Studies or Leased Premises in any manner. SOLA will deduct any
damage and/or detault damages from said Damage Deposit. The Damage
Deposit may not be used as th-_ final License Fee payment due under this
Agreement. SOLA ne--d not segregate the Damage Deposit from its other
funds or hold them in any type of Trust Account, but may, at its
discretion, commingle the Damage Deposit said deposit with its other
funds.
a. The Studio shall include a chair, cabinet, sink and phone/internet jack.
b-. SULA shall pay for all ordinary electricity, heating, water, cleaning
of common area, cooling and lighting used in the Studio and the
Leased Premises. In the event of excessive use of utilities other than
as contemplates in the Use section hereinabove, Licensee shall be in
detault of this Agreement and shall be responsible for such charges.
%. Licensee's Obligations to SULA under this License.
a. Licensee shall, at his/her own cost, register the Studio as a salon with
the Florida Department of Business nofcssional Licensing,
Cosmetology Division, it required. Licensee is responsible for any
violations and monetary fines issued by the Uosmetology Division
and license shall promptly reimburse SULA for any amounts paid on
Licensee's behalf. SULA is not responsible for professional
compliance and is not liable for any actions taken by the Cosmctolugy
Division, incl ding closure of your studio and/or salon.
b. Licensee may contract directly with local telecom/cable companies
for Licensee's phone/internet line and phone set. 1 he
telephone/internet receptacle (jack) will be furnished by SULA.
Licensee agrees to have all bills for phone service sent to Licensee
and pay all phone charges when due.
c. Licensee shall, at his/her own cost, maintain a public general liability
insurance policy written by a recognized insurer licensed to operate in
Florida in an amount of at least $1,000,UUU.00. Said policies shall
name both SULA and Atlantic village equity Une. as additional
insureds and loss payees and must provide notice by such insurwicc
carrier of cancellation not less than thirty (3U) days prior to the
effective date of such cancellation. Such policy shall bu on a form as
approved by SULA, said approval not to be unreasonably withheld.
d. Licensee shall, at his/her own cost, maintain a Professional Liability
insurance policy covering, inter alio, injurics and/w p,opurty dan►age
to the customers of Licensee in an ainount of at least $1,000,000.00.
Said policy shall name both SULA and Atlantic Village tquity Une
LLCas additional insureds and loss payees and must provide notice
by such insurance carrier of cancellation not less than thirty (30) days
prior to the ettective date of such cancellation. Such policy shall be
on a form as approved by SULA- said approval not to be unreasonably
withheld.
e. Licensee shall keep the Studio clean, serviceable and attractive at all
times. Licensee shall pay for all damage to the chair, cabinet and the
Studio and the Leased Premises (including, but not limited to glass
bieakar,e) caused by Licensee and/or Licensee's customers that
emxuds urdi„aiy wear and tear.
f. Licenseehall have open and unlimited access to the common areas
and the Studio 24 hours a day, seven days a week, during the "Germ
and shall have a sot of keyo and/or oecurity card/device to gain
admission. Licensee shall be responsible for all costs -incurred by
SOLA in replacing/recoding lost keys or security devices for the
Leased Premises and the Studio and Others bhould these keys/security
devices be lost or damaged by Licensee. Licensee shall be responsible
to maintain his/her own time schedule for perfornung the Permitted
Use and be responsible for the purchasing, delivery and storage of the
supplies and materials to be used in the Studio. Licensee recog„iz'es
that SOLA will be licensing similar studios withi„ the business space
of Sola Salon Studios and agrees to secure and properly store his/her
own supplies. The parties specifically recognise and agree that SOLA
IS NOT BE RESPONSIBLE I�OK TJ:I ; LOSS Ur UK VAMAGE TO
EQUIPMENT, TOOLS, SUPPLIES, mumtS AND OR
NEGOTIABLE INSTRUMENTS Or LIULNSP-t.
g. Licensee agrees to abide by the Kules and regulations promulgated
by SOLA from time to time, a copy of which has been delivered to
Licensee.
8. Alterations. No alterations may be made to the Studio o, the Leased
Premises without SOLA'S prior written consent, including; buiH01 limited
to, painting of the Studio. Alterations which comply With SOLA's lies;gn
Criteria shall be approved by SOLA, upon request of L;cc„aee. All
contractors performing work at the Studio shall be approved ii, advance
by SOLA and Licensee shall keep the Leased Premises free fr.m liens of
any kind, and shall be required to bond over any lien filed relating to wo,k
in the Studio within l4 hours of notice from SOLA. Licensee shall be
responsible for any damage other than ordinary wear and tear to the chair,
cabinet, mink a„d phone jack in the Studio.
9. Assignment and Subletting. Sola shall be free to assign a„y and/or All
interest in this Agreement at its sole discretion and without the consent of
Licensee. Licensee shall have no right to assign the Studio ur its rights
hereu„der to any person. This Agreement is personal in nature to the
Licq-,nsq-,q-, and Licensee may nut sublet or share the Studio under any
circumstances. J"urther, only one (1) stylist per chair will be alluWed in
the Studio at any given time unless advance written consent is given by
SOLA.
10. Option . Sola reserves the right to relocate
Licensee to a.,other studio within the Leased Premises at any time during
the Term at SOLA's e&t,e,,,se; however, SOLA shall maintain and provide
tu Licensee the approximate same square tootage in the new studio as in
the Studio. Should Licensee desire to move to another studio, such move
will only be made with SOLA's prior written consent, and then only upon
the execution of a new Agreement at the then -prevailing rates.
11. Kelationship of the Part . SOLA is only licensing spatoe for the
Licensee to operate the Permitted Use; the conduct and control of all
services perfoi,ned will lie solely with the Licensee. Licensee is not
considered an agent, independent contractor, oL employee of SULA for
any purpose, and is not entitled to any benefits that arise out of an
employer/employee relationship. the parties turther acknowledge that
(1) HULA does not have the right to control how the services pet,nitted
as a Permitted use will be performed but may reserve the right to control
what services will be operated in the Premises in keeping with the Master
Lease, zoning, and standard of quality ofthe Leased Premises and SULA,
(1) Licensee pays SOLA for the Studio; however SULA is not paid any
percentage of the Licensee's receipts, and (3) Licensee has the freedom
to set his/her own prices and work schedule.
11. Liability. Licensee assumes all responsibility and covenants to hold
SOLA harmless and indemnify trom all liability for damage or injury to
persons or property and to Licensee, Licensee's business (or any loss of
income there from), merchandise or other property of Licensee,
Licensee's employees, clients and customers or any other _person in or
about the Leased Premises together with attorney's tees and costs.
13. 1jefault. The occurrence of any one or more of the following shall
constitute a material detault and breach ut the Agreement by Licensee:
a. Failure by Licensee to timely make the License Fe. any payment
reyui. ed to be made by Licensee he. eunde..
b. The assignment of this Agreement by Licensee or the transter of any
portion of Licensee's interest in this Agreement without the prior
written consent of SOLA; or; the sublet v. the studio under any
circumstances.
c. The loss or suspension of Licensee's protessional license.
d. The receipt by SOLA of notit►cation trom any insurer that the various
insurance coverages required herein will lapse.
1 -he voluntary filing for relief and the Bankruptcy Laws by Licensee
or the involuntary tiling of bankruptcy against Licensee if such
involuntary tiling is not dismissed within thirty (3U) days of such
tiling.
f. False or misleading statements in the rental application filed by
Licensee with SULA.
g. Death of Lieensee.
h, violation of any other term and condition of this Agreement,
including the Rules and Regulations.
14. Remedies. Un the occurrence of any default by Licensee, SULA may, at
any time thereafter, with or without notice or demand and without
limiting sULA in the exercise of any right or remedy provided by law:
a. Terminate this Agreement in which case Licensee shall surrender
possession of the Studio and the Keys to SULA, and deliver the Studio
in broom clean condition within a$ hours at the time notice of such
teiniination is given. It Licensee tails to surrender such Studio, SULA
may take possession of the Studio, and all supplies, materials and tools
of the Licensee located in the Leased Premises shall be deemed
abandoned. SULA may dispose of such property in accordance with
applicable rlurida law. SULA shall be entitled to recover from
Licensee all damages incurred by SULA by reasons of Licensee's
default.
b. Pursue any other remedy at law or equity available to SULA under
thu laws uf the State of rlurida.
15. Attorneys Fees. Should any dispute arise hereunder, the parties agree that
the prevailing parry shall be awarded, in addition to any sunes ur the relief
ordered by the Court, reasonable attuineys fees, court costs, and the
expenses of suit.
16. option to Renew. Licensee shall have one opticin to renew this
Agreement after the "Initial Term" provided that Licensee is not in default
ofany provision of this Agreement and provides written notice to SOLA
at least sixty (60) days prior to the date of expiration of the l er,n (the
"Option"). The Option shall be on substantially the same terms and
conditions as set forth herein except that the License fee shalt be at the
rate then in effect for studio space in the Leased Premises. It the Option
is exercised, the parties will enter in to an Amendment at this Studio
License Agreement memorializing the terms.
17. Miscellaneous Provisions.
a. In the evvnt of any litigation arising out or this Agreement, the parties
stipulate and a&,ce that venue will be had in any court ut competent
Jurisdiction in Duval County, Florida and that the laws of the State of
Florida shall apply.
b. This is the only agreement between the parties, a,,d there are and were
no verbal representations, warraiai;s, understandings, ag-ruement� ur
promises pertaining to thi. Agreement made by either party, "", ;Ft as
set forth h.rein and eLcept as listed, in SOLA Rules and Regulatiuna
which may be promulgated by SOLA frUrn tiMr. tV tiMr. and arr., by
thi. -pe. ifi., mferenee, in. vipurated herein. All amvndmunts tv this
Agreem.nt shall be in Writing and signed by the partes.
IN W I I'-NhSS WHEREOF, the parties have executed this Agreement in
Duval County, Florida on the day ana year ghat above written.
FOUR S JACKSONVILLL LLU
\ ' (Signature)+
(Priya l►ame)
LIM
(rr,nt name)
(Signature)
(Print name)
(Tide)
(Title)
(Title)
Date Paid: Thursday, March 22, 2018
Paid 6y: EQUITY ONE ATLANTIC VILLAGE IN
Cashier: BA
Pay Method: CREDIT CARD 6
Prig ite0: i nar3day, March zz, zuia 4:z9 PM 1 of 1
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