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R-01-0089
J -00-1026(a) 12/08/00 RESOLUTION NO. e,► A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL AND AFFIRMING THE ZONING ADMINISTRATOR'S INTERPRETATION DATED SEPTEMBER 7, 2000 REGARDING, A DERMOCOSMETIC SPA AS AN ACCESSORY USE TO A HEALTH (MEDICAL) CLINIC FOR THE PROPERTY LOCATED AT APPROXIMATELY 1900 BRICKELL AVENUE, MIAMI, FLORIDA. WHEREAS, the Miami Zoning Board at its meeting of November 6, 2000, Item No. 2, following an advertised public hearing, adopted Resolution No. ZB 2000-0371, by a vote of four to two (4-2), to approve the appeal of the Zoning Administrator's interpretation dated September 7, 2000, regarding a dermocosmetic spa as an accessory use to a health (medical) clinic for the property located at approximately 1900 Brickell Avenue, Miami, Florida; and WHEREAS, the City Zoning Code (Ordinance No. 11000, as amended) requires five (5) affirmative votes to grant an appeal of an interpretation by the Zoning Administrator; and WHEREAS, the vote of the Zoning Board did not have the required five affirmative votes to grant the appeal and therefore CITY CO]NMSSION YIEETINC OF JIMI (.1 tr the appeal was denied and the Zoning Administrator's interpretation was upheld; and WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the above mentioned Zoning Administrator's interpretation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission hereby denies the appeal and affirms the Zoning Administrator's Interpretation dated September 7, 2000 (Zoning Board Resolution No. ZB 2000-0371, adopted November 6, 2000), regarding a dermocosmetic spa as an accessory use to a health (medical) clinic for the property located at approximately 1900 Brickell Avenue, Miami Florida. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor!/ 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 PASSED AND ADOPTED this 25th day of January , 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayos did not indicate appravel of this llegislation by siop ing it in the desigmtF c! n!ac t��' �'''' ` �. ti . ; 4 if'�}:�iA;4fn'1 r,!= becomes offactive with the elap a of ren (10) c: , 'q Fri i w of Q,01-'.cn act;':.yn regarding same, without the Mayor a to. alter J.,AZejpff, City Clark ATTEST: WALTER J. FOEMAN CITY CLERK AS100-FOP ND _j12ECTNESS :V/ OKLDRO VILARELLO A -)k C ATTORNEY 29J W4862:YMT:nr:BSS Page 3 of 3 0 1 r S,9 ZONING FACT SHEET PZ -14 Case Number: 2000-0346 06 -Nov -00 Item No: 2 Location: Approx. 1900 Brickell Avenue Legal: (Complete legal description on file with the Office of Hearing Boards) Applicant: Lucia Dougherty,Esq.for Jeff Bass, Esq. for Jorge Suarez -Menendez Tory Jacobs, Norman 1900 Brickell Avenue Minenberg & Joe Wilkins Miami, FL 33129 46 SW 1 St., 3rd Floor Mia, FL 33130 App. Ph: (305) 854-3666 Rep. Ph: (305) 381-9457 ext Rep. Fa (� — ext Zoning: R-3 Multifamily Medium -Density Residential Request: Appeal by Jeffrey Bass, Esq. for Tory Jacobs, Norman Minenberg, and Joe Wilkins, of an administrative interpretation by the Acting Zoning Administrator, dated September 7, 2000, regarding a "Dermocosmetic Spa" as an accessory use to a Health (Medical) Clinic. Purpose: This will deny the applicant's ability to use the clinic for anything other than consultation. Recommendatiorlys: Planning Department: N/A Public Works: N/A Plat and Street Committee: N/A Dade County Transportation: No comments Enforcement History, If any C.E.B. Case No: Last Hearing Date: Found: Violation(s) Cited: Ticketing Action: Ticket No. 0007624, issued on 06/11/1997 for Tree removal without a permit Daily Fine: $0.00 Affidavit Non -Compliance Issued on: Warning Letter sent on: Total Fines to Date: $500.00 Lien Recorded on: Comply Order by: CEB Action: History: Analysis: -Please see attached. Zoning Board Resolution No: ZB 2000-0371 Zoning Board: Denial Vote: 4-2 Appellant: Jeffrey Bass, Esquire for Tory Jacobs, Norman Minee g and Joe Wilkins '_ ` 8 LAW OFFICES S H U B I N& BASS PROF ESSIO HAL A S S 0 C I A T 1 0 N VIA HAND DELIVERY November 16, 2000 Ms. Teresita Fernandez o City of Miami o w Public Hearing Boards Division CD 444 SW 2nd Ave — Miami, Florida 33130 c� -ta -g- Re: Appeal of Administrative Determination N Determination 1900 Brickell Avenue. c.n N Dear Teresita: It is my understanding that you are the Clerk for the City of Miami Hearing Boards ("Hearing Boards") and the person designated by the City Manager pursuant to the City of Miami Zoning Ordinance ("Zoning Ordinance") for the filing of appeals to the City Commission of decisions rendered by the Zoning Board. The Zoning Ordinance does not specify the precise process for filing such appeals, but I have nevertheless attached to this letter a check in the amount of $500 as an appellate filing fee. I have additionally enclosed a check in the amount of $122.00 which your office previously indicated is required in connection with mailed notice. If any other or further information is necessary, please alert me at your first convenience and I shall furnish you with such information forthwith. The purpose of this letter is to appeal to the City Commission the decision of the City of Miami Zoning Board ("Zoning Board") rendered on November 6, 2000, where it voted by a vote of 4-2 to overturn the administrative interpretation issued by the Acting Zoning Director on September 7, 2000, relative to the property located at 1900 Brickell Avenue ("Subject Interpretation"). The Subject Interpretation purports to interpret Commission Resolution 97-73 ("Commission Resolution") in a way that would allow the establishment of a "spa" at 1900 Brickell Avenue and would allow the performance of certain other procedures.' 1 A copy of the Subject Interpretation together with Resolution 97-73 is attached to this correspondence and incorporated herein. MIAMH TAMPA 46 S.W. 1st Street, 3rd Floor, Miami, Florida 33130 707 Florida Avenue, Tampa, Florida 33802 Ph: 305.381.6060 F7c 305.381.9457 Ph: 813✓= 4785 F)c 813.223.4787 Notwithstanding the fact that the majority of the Zoning Board voted to overrule the Subject Interpretation, said Interpretation purportedly stands as of today's date. The appeal is filed by the Brickell Homeowners Association, Tory Jacobs, Norman Minenberg, and Joe Wilkins. They appeared individually, and through counsel, before the Zoning Board in order to preserve the arguments set forth below. The Subject Interpretation must be quashed, through the reversal of the Zoning Board's final action2, for each of the following reasons: 1. The Subject Interpretation is unauthorized and clearly erroneous as a matter of law and, therefore, it must be reversed. Specifically, the Zoning Director i-Enot empowered by any provision of the Zoning Ordinance to render an interpretation of Commission Resolution( 97- 73 - a final quasi-judicial act. To the prise contrary, the Zoning Director may only interpret --the Zoning Ordinance under certain limited circumst_74�aces not presented herein. As such, his purgrj>rted interpretation of Resolution 97-73 is an ultra c?ires act and, accordingly, a legal nullity. 2. The plain and unambiguous language of Resolution 97-73 restricts the property's use to "consultation only related to plastic surgery". This specific prohibition operates to bar the property's usage for anything other than "consultation". According to the plain language of the Resolution, the Commission prohibited "procedures of any kind", including medical and surgical procedures. This conclusion logically and legally follows from the simple fact that a medical procedure is not a consultation. Consultations related to plastic surgery are permitted - procedures of any kind are not! Simply stated, the Acting Zoning Administrator looked up the wrong word in the dictionary. He should have looked to the American Heritage Dictionary's definition of consultation which states inter alia: A conference at which advice is given or views exchanged. z on this point it is important to recall that the Neighbors prevailed in front of the Zoning Board by a vote of 4-2 which vote was deemed insufficient to reverse the Subject Interpretation. 2 SHUBiN & BASS, P.A. The Subject Interpretation is thus repugnant to the plain and unambiguous language of the Commission's Resolution, contrary to the plain meaning of the word "consultation", and irreconcilable with the fundamental and controlling rules of statutory construction which leave the Acting Zoning Administrator powerless to construe the Resolution's unambiguous terms in a way that would extend, modify, or limit their reasonable and obvious implications. 3. Consistent with the reasoning set forth above, the plain language of § 904 of the Zoning Ordinanceo my authorizes a determination of uses "Where thele is substantial doubt as to whether a particular use' or uses ... are of the same general character of ,hose listed as permitted or conditional uses" Id. As such, the Subject Interpretation is unauthorized ani in error because: "' C.71 r10 a) The plain language of the Commission's Resolution creates no doubt whatsoever concerning the permissible use of the property; and, b) The limitations of use for the property were narrowly specified and precisely limited by the Commission's Resolution. As such, this is not a case concerning an unspecified use and, accordingly, resort to § 904 is unnecessary, unjustified, and ultra vires. 4. The question of customary accessory uses is preempted and controlled by the plain, specific, and unambiguous limiting language of the Commission's action which specifically limited the use of the property for "consultation only related to plastic surgery". It is a fundamental precept of interpretation that the specific controls the general and, therefore, the specific language of the resolution preempts any activity other than consultation "only related to plastic surgery". The Subject Interpretation is repugnant to such plain language and, therefore, it is in error. 5. The use of the property as a Dermocosmetic Spa constitutes spot zoning and is totally inconsistent with the "Health Clinic" use contemplated by the special exception provision of the Ordinance. It is 3 SHUBIN & BASS, P.A. 01- 89 simply inconsistent with the Commission's action, the residential character of the neighborhood, and the purpose and intent of the overall zoning scheme to allow a Dermocosmetic Spa at the Subject Property. 6. Presently, the property is nonconforming and the effect of the Subject Interpretation is the expansion of a nonconforming use in plain violation of the nonconforming use doctrine deeply embedded in the law of the State of Florida as well as that of the Zoning Code of the City of Miami. See, Dowd v. Monroe County, 557 So. 2d 63, 64-5 (Fla. 3d DCA 1990); Bixler v. Pierson, 188 So. 2d 681 (Fla. 4th DCA 1966); see also, Zoning Code § 1100 et. seq. 7. Because no procedures of any kind are permitted under the plain and unambiguous language of the Commission's Resolution, including spa procedures, the signage related to Spa Procedures is unauthorized and unlawful and must be removed. The current signage advertising a Dermocosmetic Spa makes a mockery out of the special exception to permit a Health Clinic which started this whole mess. It represents a bald and unabashed intrusion of a commercial use into the epicenter of residential Brickell Avenue and it should be rejected as spot zoning of the nth degree. If you want a spa - go to the Delano - not residential Brickell. 8. The Commission speaks only through its written Resolution and such is the only evidence of its intent. See, Metropolitan Dade County v. Blumenthal, 675 So.2d 598, 605(Fla. 3d DCA), review dismissed, 680 So.2d 421 (F1a.1996)(holding that it is legal error to review "the comment of an individual [City] Commissioner, rather than the Commission's actual written Resolution"). As such, it is legal error for the department to look past the language of the Resolution to divine the Commission's intent. Id. If the property owner objected to the language of the Resolution, it was up to the property owner to seek review of such language by petition for writ of certiorari. The property owner failed to do so. Thus, this entire inquiry is time barred. 4 SHUBIN & BASS, P.A. �;� Notwithstanding the foregoing, the Subject Interpretation's reliance on the specific portions of the transcript is unjustified and indefensible. The Commission's debate clearly supports the Resolution which limits the use of the property to consultations. 9. The neighbors specifically reserve the right to supplement the points raised in this appeal at public hearing. As always, please do not any questions concerning this further information. CC: Lucia Dougherty, Mr. Tory Jacobs hesitate to contact me if you have correspondence or if you need any 5 SHUBIN & BASS, P.A. 1- 89 Ana Oclabcrt•Sanchez, Director Punning and Zoning Department A i an C. Gonzalez, Acting Zoning Adtnin Planning and Zoning I t INTER -OFF September 7, 2000 sc:9.Fc:r 1900 Brickell Avfnuc City Commission Resolution #97.7.1 nEFEHEnCES Pursuant to a request of an interpretation of City Commission Resolution No. 07-73 which approved a Special Exception, with conditions, on January 23, 1997, eonceming specifically condition (A) which is presently at Issue of what was approved, please be advised of the following conclusion. Condition (A) of Resolution 97-73 states the fallowing: "The Health Clinic (,Medical OfFica) shall be used only for consultation relating to plastic surgery; No medical or surgical prooeduroo of any kind shall bo performed anywhere on the property." 71,crcfore, to understand P. -id correctly interpret what the intension of the Commission was at the time of approvxt of the Resolution granting the Spccial Exception, rcvie%v of the minutes is essential to determine the true intcat of Condition (A). Review of the minutes indi;a;cs that on pcge 166 forma. Commissioner Plummer su%te: no, no. Not Mastic surge'' Again the next sentence spoken by Plummer is "No. no, no. lhib is [Int limited to plastic surgery'. There t _uo surgery to be done ou promise,." On page 167, Francisco Ga:cia, the curtcni NET Adnihstrator for the WE Coconut Grove office ;rid fortnei lv a Lhnd Development Specialist with the Community Planning and RevitiliWtion Department states "The ftrit condition is that this, the present use az applied for and if allowed, if permitted will be for a plastic surgen oifiea o>sly, not to -hive any surgical procedures tak;oz place on tho nreMises, for consultation purposes only." Aftcrwnrds, the motion to approve the resvlutiun was granted by a vote of four commissioners At no time was the, condition to exclude medical procedures mentioned. the only term discussed was for surgical procedures. To properly define medical procedures. tho American Heritage Dictionary defines Medical as the Fallowing; I. Of of pertaining to the study or practice of medicine. 2. Requiring awdicnl ns distinct from surgical treatment. 91- 89 Ana t: lekbert.'Sanchr7 September 7, 2000 Page 2 of 2 Therefore, It is my opinion that medical procedures was not excluded and can be dono on the Promises as opposed to surgical procedures. Furthermore, the question of Whether a lkrmocosm:tic Spa is consistent as an accessory and ancillary characteristic of use for a plastic surgeon is answered in the affirmative. The Department of Professional Regulations has been recently consulted and advi.scd tfte Department of Planning and Zonin3 that a Dermoeosmetic Spa µ•as a customary accessory component of a plastic surgeon's office with this condition that such wes be conducted by prOfMIOflsUy iicc'tla d ttc6ieitnyiflraFess►onAla. S "therefore, subject to being staffed by s lieen3ed technician and condition (F) which mandntas a lirnit on staffing, being met, the existing Dermocourtetic Spa can be considered a legal accessory use for the plastic surgcon'i office. JCG: cr Cc: Lourdes Slazyk, A2sistant Director Planning and 'Zoning Department Zoning file t � h T H W, a- 4 1 .. .�.��P- a I:). •r,-r"`-s�-=-r-s- :S. • is �•. 2• • i •' •: ; ; •'+. 41 9is 11411b) RRSOT,UTION N0. +a7 74.'- r�'' A 0!96L' UTI ON', W ITEC ATTACAMSIV'T' (S) . ; : RP�VBRb ING gOA RU AICD"'Ti3$REBy GRANTING :' A �SpgCIAL . S CE)'TION ltgo(ItRi •' nw. COI►i$c)N ',P%1tOVAL, LASTED, IN i',ONI1�Q s :` • 09DTN *`3 lY0. Y1b00, .AS AIMBI+tDB�}.;' TH$` :xOS�txNG , oR»i ct pF : 1'FiB I ., .. , ; . ; + • ; °' G TX OF MIAMI ; • .FLORIDA.: .. � .. ARTICLE 4, SBCI'ION 40 , 3.. ` MHLTI-FAMILY • ., MBi1rtTM=DENSITY R --- "Sit) IAL,;CONDITIOI3A� : .s :> PRIN'CI�AI, 'USES; TO F�ERMY'P A : CLINIC ; (MICAI,' OpFolz FOR PROPERTY"'LOCAFiBALTHH_ TED AT 1� 00 BRIC�KLL AVMM IAMI, • k4kDA (THU ` "PROPS7'Y") , ZOt76D R-3 LILY M$DIIlM- . '" r DFlNSITY RE3•IDENTIAI►� P PLANS .013' .FILE, SIIBJRCT ;TO THE FOLLown CONDITIo0g, AIL OF WflICH :. SQL , BE ' INCL ED IN .. A' RgCORDED ' COVENANT;• ';IN A' FORM A PTAHLB TO THB CITit : CLI C : {NIgDI CAL OFFICE) _SHAM BE USED O Y FOR : CONSUL'TATION „, ; ' • ' R0LATING Td PI;ASTIC SY7R ERY;' NO MEDICAL OR SURGICAL ' PItOCROtJ111�5 Off` ANY Kift SF�ALf, BB x• r' PBRFORMBD' ANYWBEl2 ON PROP}R1`Y; . (B) THBRB " SHALL E6 • NO ' OVEMGHT S14AYS III . • :: r • ,. FACILITY; (C) . THR Ccilts �TATI ON - AT THE' 0� .. ,. • CLINIC (MEDICAL pF$ICS) $HALL 4 OC&fR '-, BB'rWl THE '' . H4UR5 OF 9:00 A.M. TO 6 '00 P.M.'. 013T;Y; (D) AT l: NO TIM$ MAY PROPERTY OW1�ER MAILS ANY C$ANGRS TO 7'HB RXTSItIOR ' CZF TRS UILD*o bR TiM SITE ,•: PLAN WITHOUT. PRIOR;CITY CO[�I�SS,ION APPROVAL AT A PU$I;iC ` HEARING Al� 'NXPSNS!#S• : or WHYCFi ' SHALL BE ' 80 BY THE PRbPBRTY bWORR; ' ` F THS • TITLA TQ T88 PRO EltTY T:S$ALL NOT BS :' • Y TitAN3FERR WITiiOgT PRIOR APPROVAi, .OF THEE . C01 +IIS$TW Az'' A PUBi,IC i&ARING, ALL EXPENSES • ` ' 0 WHICif SHALL BB 90 $lt '.' PROPERTY c .OWNS)t; (F) • THEkB SHALL R N0. MOItE;:�aw TITRES '+ P13PSONS • EMPLOYED BY M; TH CLINIC 4 (MFDxCAL OFFICR) TPI$ P1 OPRRTi OWNER/PLASTIC _ MOWN, O�IB NURSE, AND ANS CL�RI'C�#L P&ItSON j' (G) TFI$R$ SHALL. ' B$ NO OVi3RFibW PARRIN ON THE GRASS; AND. {H) . PARRNG. A. ' FACILI'I'X, SHALL* 8B LIMIT= TO TiiB � TWELVE `{12) PARKING SPACES PRESSIMY RBFLB DON 'Ti]$ 'SITE PLAN, �;; :i ",•. CSF WIixCH EYG$T SHALL BR AVEU AND :i?OUR SBALI, . BI# sTURF-BLOCK" (GYRASE} . • arra 0MERT ; ;�. • JAN 2 3 M ;.. M,QY,-28— .T, .T.HU 8 .42 r .. S, ttib: '.Miimi Zoning Board, it tis meeting of . ' Ser'tembe '16, 1996 .'--:,'Xtem No. 5 duly . "adopted Resofvti.on Nol' �I%05-96 by �*-*0ix to, three. 6_�) vot@', ` t eriying a' special bereiA4f'or get' forth; and : �- t�aHstEAS, Zgrizrig Orc3iiince No,11000, is aaieided, the Zorlizrg 'ofthe City Miami, Flo .ids, `.requires City Conm�a ssiora . : . .of ap r_ o at of the specsal exception. a hereinafter set forth-' `aid ' the, City Coiignission Aftek of .GonsideYation :' {bis' •;mater, and ' notwithstanding the decisipn of the Z.oni.n 5 :�• ''. Bo4. dIAds' that the 4plidation . or a special 'exception meets tYie '.a .p ical�2e• requirements of Zching Orctiiiarice No. .17.000, as afri n. d ' and 'de it advisable an e d4,�•:. 'z• erns in' the best interest o>:. the- i. ' 1geiietal .4 -elf of the City of . i.ami, and , its 'inhabitants. to :• t; ,fit ; app o.}e he special exception and ' 'o reverse the decision of ;the Zoning. ba'rd' ..COMMISSION :`.TfiRR$FORB, BE It RgSOi,V$D BY THE OF -THt. C;TY OF M_ I1MI' FLORIDA r• Sectors 1, The ' reoitals ane fin ding$ ' contained ' in the `�o 'this Redpl,uti6n are-. ereby' ciddi ted_ by refere' de . tieieg 'rid incprporated herein as if •txiliy: "set forth in this SevE`�d�i ; ' ,sddt .6n. 2 The decision of the Zoning Board to ;Ieny x! Sp i Ixception requiring Cit Comiigsion 'approval,' as ` in' Zoning Ordinance No. 1i 00, ar.' amended, the. on'ing J ° _ o diri�►ii e o the City: bf Mi tmi, Flo; da, ArticYe $eGti t'ii 01,' R-3 Mul t�.-Family ijed um-neiisity Residential, td : V�*i health clinic ' {medical office) for the • jbpoperty MAY• -_28-37• T H U 8 Z43 JJ ,F1_ A4 y. • ±- Y . Y • re ideated'' ;1t 1900`rickel1. Avenue. Miami'. ' F o Ida, iegaity Y described;' in .Exhibit "A" attach d hex;etq"•and made a dart t: 3.• a t :. ••r :. :• . ' hereof:, '•zbned R-3" t -Fermi M itum-P"04 �l�ul ��. �.y. ed um-bene4y�I�asential, 'pia�is '0z1i],e, ts.�eteby Ye�ersed d Che`. t; Spebi.aY ' xceptiori 'hore7by' granted, `9ii6j6d . -to the. f Z1oWing con. itiione, all;' 'bf `< whi'ch•. ' s'b 11 be ' in't4iided in a recorded 'o; reharit in G a form ,.'.; acCe able 'to the City : AttornB `(d) . , the health Clir13 � 7: fin d'ita,• 'Office) shall be ed o used ?�l f • r . . o c6z�$ultation' re.latirig' f 'to; p1fi1 surgery; no medical o aur'g cal, procedures of !:ariy" ' shazI be performed anywhere o the groperty• • (b) :p sha1.�' •' be' 40 overnight stays x� the ' fatcility; (e) 'ttie' ; `• 'consultion at the health: clinidmedical office) shall occur ' .Y2etwee3r! 'the ' hqura of 9:00' A.M. 'to; 6:00 P.M. only {d? at, 'c t tile' Otap 'property o�w�le make any. jchangeEi tq the exter or': cif . the bvi]lirtg or the. site plan wihout •` prior. City Commission o :a Y r'ala ubii 'at PP p c h saying,• all of which 'shl7. }fie, boj`rixe.• by ''the property owner; (e) the title to the p:'bpir' ti :. shelf : ziQt be transferred' wi thoi. t prior . approval of the, '., 'Co(Cniis'or'1 at a pubtic 'hearing, all expenses of which shall* b@ • i;' borne , by: the property owner; (f) there shall :no e t n ' three , p4' on -S employed '•by the •heal�h clinic .1medical of f ice) " thiv. o1Nner/plastic surgon, one nurse, and ' oris { 'S. cl eri, al $erSon; (g} there shallbe, n4 overflow parking' '•tri•e g�aes� and, (h)• parking at the facility's 11 be limited to <' y the tW(Rly (12) park#ng spat®a presently, reflected on the Bite 'plan, ` of whiCh eight shall be • av d and four shall+ be !'turd- ; 7, T H U 8 _44 2• 5e tion :� .''' 'ibis Resoluti iitpmed;LAtely' up6A Vit$ = adaption. ' VA$S'SD ANbA 1CQP`TED'this 23rd A. T• Wl iTBk cm mftt 3PXIRE6 Ai;D A,PPAOVED BY ,` CHxB A$61sTAWr CYTY ATTORNEY ;'1'itptrIS AS :TO. FORM AND gqs s IM•1. AI M: •`-' '•�. �• Cl" a.. : TY' • 'W f3 A 4 - n sYiail..:.b come effective` �, of ;Jaiiiary: 199LOX VVF 7. r Miami Zoning Board Resolution: ZB 2000-0371 Monday, November 06, 2000 Mr. Juvenal Pina offered the following Resolution and moved its adoption Resolution: A MOTION TO APPROVE THE APPEAL FAILS DUE TO A LACK OF NUMBER OF AFFIRMATIVE VOTES, CONSTITUTING A DENIAL OF THE APPEAL BY JEFFREY BASS, ESQ., FOR TORY JACOBS, NORMAN MINENBERG AND JOE WILKINS, OF AN ADMINISTRATIVE INTERPRETATION BY THE ACTING ZONING ADMINISTRATOR, DATED SEPTEMBER 7, 2000, REGARDING A "DERMOCOSMETIC SPA" AS AN ACCESSORY USE TO A HEALTH (MEDICAL) CLINIC FOR THE PROPERTY LOCATED AT APPROXIMATELY 1900 BRICKELL AVENUE, LEGALLY DESCRIBED AS THE SOUTHEAST 180 FEET OF LOT 21, BLOCK A, FLAGLER (5-44), PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; ZONED R-3 MULTIFAMILY MEDIUM DENSITY RESIDENTIAL. Upon being seconded by Mr. Charles J. Flowers, the motion was passed and adopted by the following vote: Mr. George Barket Ms. Gloria M. Basila Mr. Rodolfo De LaGuardia Mr. Charles J. Flowers Ms. Ileana Hemandez-Acosta Mr. Humberto J. Pellon Mr. Juvenal Pina Mr. Ricardo D. Ruiz Mr. Angel Urquiola Mr. Georges Williams Yes Away Away Yes Away No Yes Away No Yes AYE: 4 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENTS: 4 Ms. Fernandez: Motion fails 4-2 (5 affirmative votes required) Teresita L. Fernandez, Chief Office of Hearing Boards Case No.: 2000-0346 Item Nbr: 2 01— S19 LAW OFFICES SHUBIN & BASS P R 0 F E S S 1 0 N A L A S S 0 C I A T 1 0 N OC SU_ VIA HAND DELIVERY September 21, 2000 Ms. Teresita Fernandez City of Miami Public Hearing Boards Division 444 SW 2nd Ave Miami, Florida 33130 Re: Appeal of Administrative Determination Determination 1900 Brickell Avenue. Dear Teresita: It is my understanding that you are the Clerk for the City of Miami Zoning Board ("Zoning Board") and the person designated by the City Manager pursuant to the City of Miami Zoning Ordinance ("Zoning Ordinance") for the filing of appeals of administrative interpretations or determinations. The Zoning Ordinance does not specify the precise process for filing such appeals, but I have nevertheless attached to this letter a check in the amount of $500 as an appellate filing fee. If any other or further information is necessary, please alert me at your first convenience and I shall furnish you with such information forthwith. The purpose of this letter is t Acting Zoning Administrator of Department dated September Interpretation")(copy attached). The neighbors to the property at Interpretation, i.e., the Brickell Jacobs, Norman Minenberg, and Joe W: appeal are as follows: appeal the decision of the the Planning and Zoning 7, 2000 ("Subject appeal is filed by certain issue in the Subject omeowners Association, Tory Lkins. The reasons for this 1. The Subject Interpretation is unauthorized and clearly erroneous as a matter of law and, therefore, it must be reversed. The plain and unambiguous language of the Commission's Resolution restricts the property's use to "consultation only related to plastic surgery". This specific prohibition operates to bar the property's usage for anything other than "consultation". According to the plain language of the Ulm TAMPA 46 S.W.1st Street, 3rd Floor; Nang, Fbride 33130 707 Florida Avenue, Tampa, Fbrida 33602 !� Ph:305.381•6060 Fie305.381.9 Ph:813✓=-4785 F)c813.223.4787 01— 8 9 Resolution, the Commission prohibited "procedures of any kind", including medical and surgical procedures. This conclusion logically and legally follows from the simple fact that a medical procedure is not a consultation. Consultations related to plastic surgery are permitted - procedures of any kind are not. Simply stated, the Acting Zoning Administrator looked up the wrong word in the dictionary. He should have looked to the American Heritage Dictionary's definition of consultation which states inter alfa: A conference at which advice is given or views exchanged. The Subject Interpretation is thus repugnant to the plain and unambiguous language of the Commission's Resolution, contrary to the plain meaning of the word "consultation", and irreconcilable with the fundamental and controlling rules of statutory construction which leave the Acting Zoning Administrator powerless to construe the Resolution's unambiguous terms in a way that would extend, modify, or limit their reasonable and obvious implications. 2. Consistent with the reasoning set forth above, the plain language of § 904 of the Zoning Ordinance only authorizes a determination of uses "Where there is substantial doubt as to whether a particular use or uses ... are of the same general character of those listed as permitted or conditional uses" Id. As such, the Subject Interpretation is unauthorized and in error because: a) The plain language of the Commission's Resolution creates no doubt whatsoever concerning the permissible use of the property; and, b) The limitations of use for the property were narrowly specified and precisely limited by the Commission's Resolution. As such, this is not a case concerning an unspecified use and, accordingly, resort to § 904 is unnecessary, unjustified, and ultra vires. 3. The question of customary accessory uses is preempted and,controlled by the plain, specific, and unambiguous SHUBiN & BASS, P.A. limiting language of the Commission's action which specifically limited the use of the property for "consultation only related to plastic surgery". It is a fundamental precept of interpretation that the specific controls the general and, therefore, the specific language of the resolution preempts any activity other than consultation "only related to plastic surgery". The Subject Interpretation is repugnant to such plain language and, therefore, it is in error. 4. The use of the property as a Dermocosmetic Spa constitutes spot zoning and is totally inconsistent with the "Health Clinic" use contemplated by. the special exception provision of the Ordinance. It is simply inconsistent with the Commission's action, the residential character of the neighborhood, and the purpose and intent of the overall zoning scheme to allow a Dermocosmetic Spa at the Subject Property. 5�. The only way to alter or amend a resolution is by resolution. An administrative determination is of lesser dignity than a Commission resolution and, therefore, an administrative determination cannot override the express conditions imposed by the Commission's Resolution rendered upon final quasi- judicial action. 6. Presently, the property is nonconforming and the effect of the Subject Interpretation is the expansion of a nonconforming use in plain violation of the nonconforming use doctrine deeply embedded in the law of the State of Florida as well as that of the Zoning Code of the City of Miami. See, Dowd v. Monroe County, 557 So. 2d 63, 64-5 (Fla. 3d DCA 1990); Bixler v. Pierson, 188 So. 2d 681 (Fla. 4th DCA 1966); see also, Zoning Code § 1100 et. seq. 7. Because no procedures of any kind are permitted under the plain and unambiguous language of the Commission's Resolution, including spa procedures, the signage related to Spa Procedures is unauthorized and unlawful and must be removed. The current signage advertising a Dermocosmetic Spa makes a mockery out of the special exception to permit a Health Clinic which started this whole mess. It represents a bald and unabashed intrusion of a commercial use into the epicenter of SHUBiN & BASS, P.A. 01-- 89 residential Brickell Avenue and it should be rejected as spot zoning of the nth degree. If you want a spa - go to the Delano - not residential Brickell. 8. The Commission speaks only through its written Resolution and such is the only evidence of its intent. See, Metropolitan Dade County v. Blumenthal, 675 So.2d 598, 605(Fla. 3d DCA), review dismissed, 680 So.2d 421 (F1a.1996)(holding that it is legal error to review "the comment of an individual [City] Commissioner, rather than the Commission's actual written Resolution"). As such, it is legal error for the department to look past the language of the Resolution to divine the Commission's intent. Id. If the property owner objected to the language of the Resolution, it was up to the property owner to seek review of such language by petition for writ of certiorari. The property owner failed to do so. Thus, this entire inquiry is time barred. Notwithstanding the foregoing, the Subject Interpretation's reliance on the specific portions of the transcript is unjustified and indefensible. The Commission's debate clearly supports the Resolution which limits the use of the property to consultations. 9. The neighbors specifically reserve the right to supplement the points raised in this appeal at public hearing. As always, please do not hesitate to contact me if you have any questions concerning this correspondence or if you need any further information. Very truly J�e5 . Bas's, Esq. the firm CC: Lucia Dougherty, Esq. Mr. Tory Jacobs SHUBIN & BASS, P.A.s _ AFFIDAVIT STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) Before me, the undersigned authority, this day personally appeared Lucia A. Dough , who being by me first duly sworn, upon oath, deposes and says: 1. That he/she is the owner, or the legal representative of the owner, submitting the accompanying application for a public hearing as required by the Zoning Ordinance of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the pages attached to this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/hr behalf of the change or modification of a classification or regulation of zoning as set out in the accompanying petition. 3. That the pages attached hereto and made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicants Signature STATE OF FLORIDA COUNTY OF MIAMI -DARE The fore ping instrument was ackno led ed before me this fter day of , by q, who is personally known to me Wr who has produced d (did not) take an oath. Name: Notary Public -S to of� L L R GONZALFZ Commission N NOTARY pUBLTC c -'-'c OF FLORIDA My Commissio ExpQOMM `�' -aO. CC77 W t' 9 OWNER'S LIST Owner's Name Dr. Jorge Suarez -Menendez Mailing Address 1900 Brickell Avenue, Miami, Florida Zip Code 33129 Telephone Number (305) 854-3666 Legal Description: See attached Deed Owner's Name Mailing Address Telephone Number Legal Description: Owner's Name Mailing Address Telephone Number Legal Description: Zip Code Zip Code Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 375 feet of the subject site is listed as follows: Street Address None Street Address Street Address Legal Description Legal Description Legal Description 01- 89 DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: 1900 Brickell Avenue, Miami, Florida See attached deed for legal description. 2. Owner(s) of subject real property and percentage of ownership. Note: Section 2-618 of the Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trust, and/or any other interested parties, together with their addresses and proportionate interest. Dr. Jorge Suarez -Menendez 100% owner 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 375 feet of the subject real property. None Owner or Attorney for Owner �( 1 STATE OF FLORIDA COUNTY OF MIAMI -DADS The foregoing instrument was acknowledged before me this C& day of 2000 by Lucia A. Dig ear y who is personally known to me or who Cas produced as identification and who " (did not) take an oath. Name: `' ~' AR EAT Notary Public -State -.-o A, OF FLOMA Commission No.: , NmssloN NO. CC7713A8 My Commission ExpirION EXP. SEPT 17,2002 01- 89 11 i 13.00 NOW _ �►obt 1tON�Fity � HARe W h 41Mwewcur+ oauat tM. Mrrbaert�r.. �: J. James Dosaellan, ELL, ¢sq. ID00 Brickeli Avenue IM 064Lw�INiMrNrr.INN. N.w�Me jt i"J.1o. as-4136-001-2z1C 15:30 GREENBERG 7PAURIG YMODlOW M0.F 97it1S74r12 1947'IAB 21 it'll SM 2PS27.80 HARn�CY�"Iml; CLEW Oddi MMTYYI R. .Mo0ot"1.MINrrrN PR'DAM A966 Ow 31 dw4 idrrch .t9F7 ,4Y J. JA MI DCLgISLiAN, ILL and J0i7IIIl V. AMMIAV, Ills vitt 000d *9 Grater, o JOY68 b-RIAhIL ri1SNEI M WA -001400001"k P.0, lex 143256. 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BGBJFCT To conditions, restricti.m. 2AVUstAgnste of seear6 sad to taxes for eke ar i997 Md sabdeQusnt pee . .r A wdsrr "ped dwabad *1. - mith sono ariso4Pwiutey�srroanap far xUbto rdwsrerlstMfatats*ts/braw I �ilYet}rAs K Asrs� tawmoNrt wadb old;rostra tArt fi. s'� etAr+gFl�asiaed ajfasldAted+lilhs �plt,• rber rAs f+'"w AW J*ad "k dW lov* atho dlr Mug ald,omw Aafd AaaL and Av* riliRm etx IIti6 ro seed imid'asd WN d0rd Or +mos ssedw At kv* adsu d all /erred whosrauar,• Aad 1Ast am teed b jd of dr onowdooW+K ~Mw All +ottowaboamberst.Il94. AM wd+ie a MQPgwf, dA laldOmw Aw dpW wW jrsr d sheet s i w -d As deer sad yee-Am akit ft'An QP �reamr► w ..��) 1. J,Aes bonaeljaa, lIZ 96x4 a.wT. 9d street. ltieui, n s4in rwslewurs. — I iwAlr CraWart ar si+aW.1rM w. r. s�rril►s�srw w rerirMie �r rr1 sOs WewYlFwr4 fra•rrMy y+rr�rs www.Abr.w.,.r rr rA wr w utero {or.k.arrj q our 11MIt1l� pperalY eMwM w. o tdassw(41Mw+w.. Yrorefteweleuier: � t +re7rwrwrM+N++►rat VlrrrrMlrr/erde/irWr'ri, kl-MLCwdywiMw7rtahnwilii. dwof Ah 141 pt bClalip qw.: f W a gg rMr.. 11 %.. n t i F4,. AN r / e v, ` �, • r � ' . ,waw � i i :. �.� • - Recommended route from the airport to Snowbird When driving to Snowbird, please allow forty-five minutes from downtown Salt Lake City to the Cliff Lodge. Allow one hour from the airport. Take Snowbird Entry 4. Valet parking is available. 71 '_-?bu may pre -arrange your transfers when you make 21 ybut-odging reservations. 4 P. 0. Box 929000 Snowbird, Utah 84092-9000 . to (801) 933-2225 fax: (801) 933-2283 e-mail: cliffspa@snowbird.com www.cliffspa.com Reservations Lodging and Multi -Day Spa Packages toll free: 1-800-453-3000 fax: (801) 947-8227 Gift Certificates Available snowbird � - 89 4 Fr" 7 n se g' i i A y� g= 4 Y, Su ed into the p!boio recd' Ii0, connection vv iteM ter FoemE-, City Cler' Winter 2001 PC 1 ' hp Goal Suggestions pg. Recovery/Sports LaStone° Massage 10 Seaweed Recovery Pack 12 Oligomer Bath with Hydro Massage 17 Altitude Adjustment Body Glow 14 High Altitude Massage 11 Eucalyptus Steam Cleansing/Detox Scrubs, Wraps, Baths 14 Skin Care 18 Mini Facial with Scrub 21 Balancing Thai Massage 11 Shiatsu 12 Mind, Body, Spirit Classes 25 Relaxation Swedish Massage 10 Aromatherapy Massage 11 Ultimate Body Glow 15 Meditation/Spiritual LaStone° Massage 10 Mind, Body, Spirit Classes 25 Energizing Aromatherapy Massage 11 Mountain Glow Scrub 14 Mind, Body, Spirit Classes 25 Fitness Gym and Pool Personal Training 25 Mind, Body, Spirit Classes 25 Beauty Facials and Skin Care 18 " Salon Services 22 Crowning Glory Package 27 e_ All hours, policies, rate's and prices in this brochure are subject to change without notice. ll 89 G71,hell,-s- Welcome to the Cliff Spa ............... 4 Membership and Spa Hours ............. 6 Reservations/Cancellations ............. 6 Receiving Treatments ................. 8 ' Spa Treatments and Services Bodywork ....................... 10 11 varieties of Massage ........... 10-13 Seaweed Recovery Pack ............. 12 Scrubs and Wraps ............... 14-15 Mountain Glow Scrubs .............. 14 Body Glow ..................... 14 Herbal Wrap .................... 15 Baths ........................ 16-17 Fango, Oligomer, or Balneotherapy ...... 17 Hydro -Massage ................... 17 Skin Care ..................... 18-21 Cliff Spa Facials .................. 18 Specialty Treatments ......... _ ..... 20 Eye and Lip Contour Treatment ........ 20 Back Treatment .................. 21 Depilatory Waxing ................. 21 ' Salon Services ................... 22 Hair and Scalp Care ............. 22-23 Manicures and Pedicures "^23-24 Makeizfp application 24 ` Mind Body.Spirit P hf-... 1 � 1.. 25 t Packages. 26 29 Aromatherapy Oil Blends ............ 30-31 01- Ei 89. Spa While ascending Mt. Everest in 1985, Snowbird Owner/Developer Dick Bass visualized locating a world- class combination Europeqn/Western full-service health spa and salon at his Snowbird Resort. He accomplished this as part of a two year, multi-million dollar expan- sion of the existing Cliff Lodge. The Cliff Lodge and Spa opened for business in January, 1987. The spa, as envisioned by Mr. Bass, was a major step toward fulfillment of his life-long dream of build- ing a renaissance center for human understanding. The Cliff Spa was created to "...enhance the experience of a high mountain location where a guest could come year round to recreate and re-create ... a place facilitating the natural. enhancement of mind, body and spirit." Its two-level design brilliantly perches the spa atop the award-winning Cliff Lodge while allowing for all the amenities of a world-class facility. Its scale and stun- ning location made it the first facility of its kind in North America. Whether receiving a treatment, working out, or just relaxing after a vigorous day on the moun- tain, breathtaking panoramic views of Little Cottonwood Canyon may be enjoyed. MIT 4 The Cliff Spa's instant success and popularity sat- isfied the increasing public interest in the fitness trend of the early 1980s and lead the way as the spa industry grew by leaps and bounds in the 1990s. The Cliff Spa has received many awards, including recogni- tion by: Spa Magazine as "Best Ski & Spa"; Self Magazine as one of the elite "Top 10 Spa's"; and Men's Fitness as having the "best hot tub" in North America. The treatment staff at The Cliff Spa has continually received the highest acclaim from our experienced and knowledgeable clientele. We continue to improve the quality and scope of our services and are proud to maintain our reputation as a spa offering one of the best overall teams of therapists in the industry. The Cliff Spa currently occupies 28,000 square feet, offering 24 individualized treatment areas, workout facilities featuring Kaiser pneumatic resistance equip- ment, bikes, treadmills, climbers, free weights, a euca- lyptus steam room, saunas, movement studio, solarium, a 15 meter rooftop swimming pool, whirlpool and sun deck.— `p CIt is the commitment of the Cliff Spa to cont } to lead the way as we turn more to the life enhah and healing effects of therapeutic spa treatmena in,. today's fast -paced world. We hope your experience at the Cliff Spa -at 3j Snowbird is everything you've anticipated and mor -- 89 5 L �9 11ArTsA All Cliff Club owners, age 16 and over, are invited Revitalizing: Gently uplifting without being to enjoy complimentary use of the spa facilities. The overly stimulating, our Revitalizing blend helps to daily membership fee is $20 for Snowbird hotel guests improve circulation and nourish depleted energy. and $30 for non -resort guests. This fee is waived for the Key essential oils: Rosemary. Cypress, Basil, day when receiving a treatment. Weekly and monthly Lemongrass. memberships are also available. Contact a spa coordina- headaches, constipation, and anxiety. tor for information about group membership rates. For Detoxifying: Helps improve circulation while families with younger guests, the Cliff Lodge offers an gently encouraging detoxification and lymphatic outdoor pool heated year-round, along with three hot drainage. Excellent when used regularly for cel - tubs and a snack bar on Level 3. lulite and body contouring programs. be made online at www.cliffspa.com. Key essential oils: Fennel, Juniper, Cypress, Because we customize our staffing to accommodate Grapefruit, Rosemary. Winter: November 18, 2000 through April 30, 2001 Therapeutic Sports: An effective and versa - The facility is open daily from 6 a. m. to 10 p.m. tile blend aids sore muscles and joints, while Treatments are offered from 9 a.m. to 9 p.m. helping to promote circulation"and respiration. (The last treatment begins at 8 p.m.). Key essential oils: Rosemary, Black Pepper, Hours are subject to change. Eucalyptus, Cojeput, Birch. High Altitude Adjustment: A rich blend �G:S!'l'l'll!llrllf' <l11<� �i<IIIG!'�lll�llrll S designed specifically to facilitate efficient respi- ratory function, encourage oxygenation of the It is best to book your spa services in advance. tissues, and ease symptoms associated with high Walk-in appointments are subject to availability. Make altitude adjustment, i.e.: dryness, dehydration, reservations by calling Snowbird extension 5900 or headaches, constipation, and anxiety. (801) 933-2225. Services can be conveniently billed to Key essential oils: Clary Sage, Frankincense, your lodging room or major credit card (VISA, Geranium, Ylong Ylong, Sandalwood, Tangerine, MasterCard, Diners Club, American Express, Carte Lavender, Marjoram, Chamomile, and Fennel. Blanche, and Discover). Reservation requests can also be made online at www.cliffspa.com. Unscented Base Oil: a special blend of emol- Because we customize our staffing to accommodate lient oils nourishing to the skin. guest needs each day, we strictly adhere to our treat- Key essential oils: Expeller -Pressed Apricot, merit cancellation policy: In the case you need to Sunflower, High Oleic Safflower, Gropeseed, reschedule or cancel any scheduled treatment(s), please Sesame and Jojoba oils with Vitamin E. advise a spa coordinator by telephone or in person four (4) hours in advance to avoid being charged in full for the scheduled treatment, class or service. Notice of twenty-four (24) hours is required for changes to any day or multi day spa package. Appointments standing after `tdiese tires Of be bideti-in full. Please contact a / s Emir ' torfor sp_e�tial�,�'i�f ' motion concerning group rand �...:bl c-br!'ceTat5o�t (801) 933 2225. _ C Aromatherapy is the therapeutic use of pure essen- tial oils, derived from plants and flowers, to enhance beauty, health, and well-being. Aromatherapy uses essential oils through inhalation and/or through appli- cation to the skin in massage, wraps, or baths to help balance energy, moods, and physiology. The following list will help you acquaint yourself with the following master blends from our TARA1� Aromatherapy Program. Choose the one that you feel is most suited to your needs. There are no nut oils in any of our blends. Look for TARA� and other aromatherapy products in the Spa Boutique. ' Balancing: A warming blend to relieve sore and tired muscles. Calms and soothes the nerves. Helps restore balance and well being. Key essential oils: Lavender, Wang Ylang, Ginger, Eucalyptus. Relaxing: A rare and delicate blend that set- tles the nerves, relaxes the body and allows the spirit to float. Key essential oils: Chamomile, Marjoram, Rose Absolute, Geranium. Loving: A nourishing blend to enhance your heartfelt touch when nurturing one's self or shor- ing with loved ones. Key essential oils: Cedar, Tangerine, Ylong Ylong, Patchouli, Spearmint, Nutmeg. Stress -Relieving: A calming and soothing blend that offers relief for stressed nervous sys- tems. Helps the whole being shed negativity and tension. .Key essential oils: Lavender, Bergamot, Clary Sage, Chamomile. 30 Please Please notify tri_ pa coordinator of any physical ailments, disabilities, allergies, or any other special health consideration you may have when booking your appointment. For special rates for large groups and multi -day packages see page 28 or call 1 (800) 453-3000. �Ti'aliil c. s - A 15% gratuity for your therapist or stylist is included in the price of all spa and salon treatments and spa packages. Additional gratuities may be left securely at the front desk on your way out. ��<l f,�vul1<fuc The Cliff Spa Boutique offers Phytomerl�, TARAI�, Aveda@ and Bloom@ products as well as an assortment of clothing, exercise and swim wear. Visit our boutique for your personal needs or special gifts. flf1'r, f Il fItl1G%il 11 —, � d In honoring our commitment to enhance the overall quality of daily living, we have developed the Mind/Body/Spirit Program, the most extensive yoga/fit- ness program at any ski and summer resort. In our stun- ning mountainside studio you will find daily classes, pri- vate instruction, and ongoing workshops integrating the outdoors and our world-class spa facility. See page 25. The Cliff Spa is located at an elevation of approximately 8,200 feet above sea level, thus some of our guests may feel the effects of the altitude. To help us optimize your spa experience, and for your safety, we ask that youcinf©rm the spa. coordinator when booking your treatment, and, your the'ra'pist 'c^ before your treatment R any s' ial health consi - erations you may have. 7✓ .y Check-in procedures and helpful suggestions When should I arrive for my treatment(s)? When receiving a treatment, we strongly recom- mend that you arrive and check in at the spa reception desk 20 minutes prior to your scheduled appointment. Please -shower before treatments or before using the pool or jacuzzi. What do I need to bring? Please arrive with a form of payment. If you are charging to a Snowbird room, your visitor's card must be presented at time of check-in Each locker room provides a sauna, showers, suit dryers, grooming amenities, personal lockers and towels. Guests receiving treatments and day/weekly members are issued a robe, sandals and a locker key. These items are for day use only and may not be kept overnight. Failure to return items that day will result in a replacement fee as follows: $90/robe, $20/sandals, $15/locker key. You also need to bring proper attire, footwear, and. swimwear should you plan to workout. Limited choices for clothing and swimwear are available for purchase in the Spa Boutique. It is recommended that you not bring jewelry or other valuables to the spa. If you do bring these items please utilize our safe deposit boxes located at the Front Desk. "[My therapist] was very willing to answer all my questions - so in addition to an excellent treatment, it was o good learning experience. S. T•,'rner The Cli, da Deluxe V.LP. - 5 Nights Includes 5 nights accommodations, a spa gift bas- ket, priority spa bookings, three spa meals daily, four days skiing (Tram & chairs), one all day group lesson, unlimited exercise/Mind, Body, Spirit pro- gram classes, four 50 -minute spa treatments of your choice, one herbal wrap/massage combination treatment, airport transfers, unlimited use of spa facilities and gratuities. Available: Dec. 20, 2000 - Apr. 1, 2001 Single $2,858 Double $1,758 per person Notes about our multi -day and day packages All multi -day package rates include room tax. All regular cancellation policies for overnight packages apply. Please inquire about these policies when making your reservation. Rooms on Level 9 of the Cliff Lodge include a refrigerator, king-size bed, portable telephone, use of an exclusive Cliff Spa robe, priority spa bookings, easy spa access, spectacular mountain views, and more. The pricing of all our packages reflects a savings on each individual treatment when compared to the a lb carte rates. For your convenience, the gratuity has been included in the treatment package price. Spa treatment packages are not available with any other discounts or promotions. All -day packages are designed to be com- pleted the some day when spa and salon schedules per- mit. No substitutions will be permitted, other than the options listed with each package. All additional treat- ments/services will be priced a ld carte. Please inform the receptionist of any additions when booking spa treatment package appointments. All treatments, times and rates listed herein are subject to change without notice. A'lrki For reservations call 1-800-453-3000. The Early Bird - 3 nights Includes 3 nights accommodations, spa gift bas- ket, 3 days skiing (Tram & Chairs), three spa meals daily, unlimited exercise/Mind, Body, Spirit classes, three 50 -minute treatments of your choice, airport transfers, unlimited use of spa facilities and gratuities. Arrive Monday/Depart Thursday or Arrive Sunday/Depart Wednesday Available: Dec. 24, 2000 - March 29, 2001 Single $1,308 Double $980 per person The Wasatch Winter Weekend - 4 Nights Includes 4 nights accommodations, a spa gift bas- ket, priority spa bookings, three spa meals daily, four days skiing (Tram & chairs), unlimited exer- cise/Mind, Body, Spirit classes, four 50 -minute spa treatments of your choice, airport transfers, unlimit- ed use of spa facilities and gratuities. Arrive Wednesday/Depart Sunday or Arrive Thursday/Depart Monday Available: Nov 22, 2000 - Apr. 2, 2001 Single $1883 Double $1,358 per person The Cliff Spa Retreat - 4 nights Includes 4 nights accommodations, spa gift basket, 3 -day lift ticket, 3 spa meals daily, unlimited exer- cise/Mind, Body, Spirit classes, four 50 -minute treatments of your choice, airport transfers, unlimit- ed use of spa facilities and gratuities. Ayailable< Nov. 18 - Dec. 23, 2000 and Apr. 2 - 30, 2061 Single $1,48$ rt R Double $1,116 -per p2T54Ti"'--- 01- $9 ` 28 Do I have to disro._,entirely for a spa treatment? For Shiatsu and Thai Massage you need to be wear- ing loose comfortable clothes. It is recommended for tub treatments that you wear a swimsuit. The rest of our body treatments are designed to be most effective if you disrobe. You may wear a leotard or swimsuit if this would be more comfortable for you. Be assured that whatever you wear, you will be draped discreetly at all times. Our professional therapists will always respect your privacy. What is the tipping policy? A 15% gratuity is included for your therapist or stylist in the price of your treatment, nothing more is expected. However, additional tips may be securely left for your therapist at the spa reception desk should you so choose. Spa Etiquette To ensure that yau, and those around you, enjoy all the benefits the Cliff Spa, we ask that you observe the following guidelines: Arrive early. Arriving late is a breach of spa etiquette and will cost you precious minutes of your spa treatment. For 50 -minute treatments, your therapist will greet you at 5 minutes past the hour. The treatment will end on time at 5 minutes before the hour, regardless of how late you started, so the next guest is not delayed. Respect other guests. The spa environment is one of tranquility and relaxation, so please respect the other guests' right to privacy and quiet. We ask that you leave cell phones, radios and pagers outside the spa. Please leave any audible ringers in the off setting should you bring these items along. We maintain an alcohol and smoke free environ- ment everywhere at the spa. 0-- 9 yoga and Shiatsu. This massay- ,s performed on a futon mat, with the guest in loose clothing. 80 minutes $160 50 minutes $99 Shiatsu Subject to availability Oriental massage therapy using pressure points and stretching to revive and invigorate. This treatment is performed on a futon mat with the guest in loose clothing. 50 minutes $99 Maternity Massage Subject to availability Honor the miracle and address the hard work of car- rying a baby with a special treatment for that spe- cial woman. This massage utilizes a special materni- ty table for total comfort at all stages of pregnancy and eases the discomforts of the upper and lower back, hips, and legs. 50 minutes $99 See also Maternity Package on page 27. See also Maternity Facial on page 19. Reflexology Subject to availability An ancient form -of pressure point therapy promot- ing total body health and healing.'A therapist works to stimulate and release different points and zones on your feet and/or hands to encourage overall health, balance, and relaxation. 50 minutes $99 80 minutes Massage/Reflexology combo $160 Seaweed Recovery Pack Self -Heating Seaweed (Remform) is a very effective treatment for deep tissue detoxification, ani for . >;, relieving sports strains, edemas, arthritis, a any rarea of the body with minor aches and pai This treatment is integrated into your 50 of 4 '' minute massage. A Neck, Shoulder add $25 Knees, Ankles, Hands or Feet add $35 SE Full Back add $50 (Other areas priced at Therapist's discretion 12 )l'l%!/,na/// Snowbird is "...a place dedicated to increasing human understanding through the enhancement of the mind, body and spirit. " The Mind, Body, Spirit Program has been developed with a core of classes that enhance overall physical and mental well being, promoting good health and relaxation. Use our classes to improve your mountain experience, develop and practice a healthy life style, expose yourself to unique and powerful energy practices, meet and enjoy time with friends, and add depth to your Snowbird experience. The foundation of our program is Yoga, a six thou- sand year old practice that encourages self awareness through stretching, meditation, and breathing exercises. We offer a wide range of yoga styles. Our fitness instructors provide the best in muscle strengthening and toning, stress and weight management, and nutritional advice. Our talented staff facilitators are also available for private consultation. We always offer a selection of special classes and workshops in addition to established core programs. For further information about any of our classes please check our current calendar, available at the spa, or speak with a spa coordinator at Snowbird extension 5900 or (801) 933-2225." Yoga Classes/Fitness Instruction Single Class 1 hour $15 5 Class Pass $60 Private Session 1 hour $90 Personal Training 1 hour $90�} Workshops $20 Deluxe Manicure 50 i, .tes $42 Includes paraffin mask and exfoliate. Pedicure 45 minutes $48 Paraffin Pedicure 50 minutes $54 Deluxe Pedicure 90 minutes $84 Includes paraffin mask and exfoliate. Manicure/Pedicure Combo 50 minutes $72 Paraffin Manicure/Pedicure Combo 90 minutes $84 Our make-up artists use AVEDA@ PURESCRIPTIONS products. Make-up Application 30 minutes$30 Touch-up $12 17 2 1— S9- I 0 Ultimate Massag._ Requires minimum 24 hour advanced booking. Subject to availability Surrender to a luxurious massage from 2 therapists at the same time and completely disappear into total relaxation. Experience four expert hands work- ing in concert to take you into a state of deep relaxation and relieve areas of stress and tension, while balancing your energy. 50 minutes $190 Moisturizing Bath/Massage Combo �Y 80 minutes $150 C Herbal Wrap/Massage Combo 1 80 minutes $150 Treatment Value Card Receive any five 50 -minute treatments ($99 value or less) during your stay or over a 3 -month period. Other treatments, upgrades and add-ons may be substituted for an additional charge. Gratuities are included as well as waiver of your facility fee for your entire stay. 5 treatments $425 ($70 savings) "r was consistently impressed and pleased with the ambiance and the interaction of the employees.89 " Dr. Elaine Butler 13 Mountain Glow Scrub Maintain the health and vitality of the largest organ in your body, your skin. Each Mountain Glow Scrub works to gently exfoliate and soften your skin, using healing mineral salt from the Great Salt Lake Basin, and avocado, sesame, apricot kernel, and jojoba oils for superior skin nourishment. After a rinse, each scrub concludes with a luxurious mois- turizing treatment. Your choice of Rosemary Mint, Margarita (salt, lime, and lemon), or Lavender 25 minutes $75 50 minutes (with 25 minutes of massage) $114 80 minutes (with 50 minutes of massage) $160 Scrub/Mini Facial -Combo T ; 50 minutes $135!` Body Glow Our premier treatments for total skin care and rll._ ' body relaxation. A gentle full body exfoliation is followed by a heated wrap with the Phytomerl sea- water -based Envelopment Gel. Relax in a warm aro- matic cocoon allowing penetration of skin rejuve- nating minerals, and essential oils. A refreshing shower rinse is followed by a moisturizing treat- ment or for the ultimate body glow, a therapeutic massage with more relaxing essential oils. Leave with hydrated, satiny -smooth skin. Three styles of Body Glows are offered. Mini Body Glow Exfoliation, wrap, and moisturizing treatment only 50 minutes $120 Body Glow As above with 30 minutes of massage 80 minutes $190 Ultimate Body Glow As above with full 50 -minute massage 105 minutes $240 ly I- — tom, v Deep CL Conditioning 30 minutes $24 Stress Relieving Scalp Massage5o minutes $78 Deep Conditioning/Stress Relieving Scalp Massage Combo 50 minutes $90 Includes scalp diagnosis, oil treatment, neck and scalp massage. Tint Touch-up* from $5 Highlighting* from $78 Treatment Services with Style add $30 All of the above treatments are subject to consulto- tion with our stylist. Please inform the receptionist of your hair length and thickness when booking your appointment. *For health reasons -- hair coloring is offered only to those. IS years and older. Our manicure and pedicure treatments include thor- ough filing and cuticle maintenance, buffing to enhance your nails' natural shine, and a complete hand and arm massage. In addition, we provide whirlpool foot massage as part of our pedicures. Many guests choose to add our special tropical paraffin hot wax treatment to their manicures and pedi- cures, which promotes deep relaxation of the tendons and muscles. In addition, it exfoliates old skin cells while opening the pores, providing a complete moisturiz- ing and reminerolizing experience. Snowbird's high altitude adversely affects the performance of polish and nail repair products. Therefore we do not offer polishes, repairs or artificial nails in our solon. Please note: all treatment times are approximate. Manicure 30 minutes $30 Paraffin Manicure 45 minutes $36 II'��l�ll�lJ�' • Our Stylists provide a full spectrum of hair care. Services range from a complimentary consultation to complete coloring and styling. Please contact our Stylists for highlights and tints. For your conditioning needs, we feature the AVEDAO� Pure Plant and flower Essence line of hair care products. Allow our stylists to custom blend the specific formula to rejuvenate your hair and scalp using AVEDAI�l PURESCRIPTIONS. Weddings require minimum one week advance notice. Please speak with a salon specialist for consulta- tions and special arrangements. Prices may vary for long or thick hair. Men's Style and Haircut $36 Includes mini scalp treatment. Women's„Style and Haircut $60 Includes mini scalp treatment. Shampoo and Style $42 Braiding from $24 Deep Conditioning 30 minutes $36 fi 92 Herbal Wrap Completely erase any sense of cold or chill you feel around Snowllird in the winter. Herbal wraps will warm and soothe tired muscles and nerves while cleansing and hydrating your skin. After a prepara- tory loofah shower and steam bath, your body is enveloped in warm linens that have been immersed in an infusion of herbs. Your therapist will use gen- tle cool compresses and soothing touch to manage the heat and guide you into a deep state of relax- ation. Following the wrap, a rinse with a cool show- er or scotch hose treatment will help close your pores and avoid rapid heat loss. The treatment con- cludes with a moisturizing balm application. 50 minutes $84 For two people $144 Herbal Wrap/Massage Combo 80 minutes $150 Scrub/Herbal Wrap Combo 50 minutes $114 15 Treat your body and mind to a relaxing soak in one of our specialized hydro tubs. Settle in to your choice of Fango (volcanic ash), Balneo (seaweed) or Oligomer (sea -minerals) and experience the therapeutic effects of the heat and special elements in the solution. Your therapist will guide and monitor your response to the soak and bring you through a gentle cool down wrap, cleansing rinse, and moisturizing treatment to help your skin benefit from the elements and minerals leaving you soft and relaxed. It is also great to follow a bath with massage to further encourage tight or sore muscles to relax and unwind. Any Bath; Fango, Oligomer, or Balneo (Your therapist can help you choose.) 50 minutes $90 For two $150 (same tub) "I have not even been here for an entire day and I'm already totally smitten with this exceptional resort." Elise Malburger Mini Fac,., A gentle cleansing with toner, mask and moisturiz- ing applications. No extracts. 25 minutes $60 Body Scrub/Mini Facial Combo 50 minutes $135 Eye and Lip Contour Treatment A specific lymphatic massage designed to help restore the firm and youthful appearance of the skin around the eye. It's great for wrinkles, dark circles, puffiness, and tired eyes. 25 minutes $60 Back Treatment A deep cleansing treatment specifically for the back which leaves your skin feeling smooth and refreshed. 50 minutes $120 Depilatory Waxing (Limited times available.) Brow* $18 Chin* $18 Lip* $18 Face* $40 T.,$60 Underarm u vit Half Leg from $30 Full Leg from $60 Bikini $36 (Other areas priced at Aesthetician's discretion) *These waxings can often be scheduled in conjunc- tion with the above -listed facials. Please be advised that your skin's sensitivity to wax- ing may be enhanced by exposure to our high alti- tude alpine environment. If your skin is not condi- tioned to waxing you may experience redness and or heightened sensitivity in the area treated .for 24 hours or more. Orcz;'1111 Alpha -Hydroxy Peel" Focusing on the special needs of sensitive and mature skin, this intensive exfoliating process with Alpha - hydroxy acid results in soft, supple, radiant skin. 50 minutes $125 80 minutes $186 Beautification Mask TM The super -hydrating Beautification Mask is soaked in electrolyzed water that results in greater penetration and hydration to the skin. The mask is all natural and bactericidal, and works with ongoing applica- tion to smooth, soften, moisturize, and reduce fine lines and wrinkles. 50 minutes $125 80 minutes $186 Includes 3 masks to take with you for the benefits of ongoing application. Intensive Hydrating Mask (The Skier's Facial) Counteract the damaging effects of Snowbird's arid, high altitude environment with this moisturizing treatment. Your skin will come alive and glow as this facial creates a protective moisturizing barrier to the harsh elements outdoors. 50 minutes $125 80 minutes $186 Aqualift Mask This is a welcome treatment for aging skin, lifting, .toning and reducing fine lines and wrinkles. 50 minutes $125 80 minutes $186 Eye and lip Contour with Facial A specific application including lymphatic massage, designed to help restore the firm and youthful appearance of the skin around the eye and lip area. This treatment will counteract the harmful effects of the bright sun and extreme solar 'reflection present at Snowbird and is great for wrinkles, dark circles, puffiness and sensitive or tired eyes. 50 minutes $132 80 minutes $192 01— 8 9 20 Fango Bath This soak is the favorite European spa treatment for toning and soothing the body. A solution of Fango (volcanic ash) and pine needle extract works to encourage exfoliation, remove impurities, replace minerals, and stimulate circulation while Salicyl (aspirin) powder relieves aches and pains. This treatment is contraindicated for those with an allergy to aspirin. Oligomer Bath Due to its richness of trace -elements, this unique sea- water bath is excellent for remineralization and relax- ation. The oligomer solution helps revitalize dry skin that is losing tone and is ideal for individuals suffer- ing from mineral depletion, such as athletes, those under stress, and those with iodine sensitivities. Balneotherapy A kelp and seaweed solution is mixed with essential oils and used in our special hydrotherapy tub to relax away your tension. It is designed to remineral- ize, revitalize, and energize your whole body at the cellular level. Hydro Massage As your muscles unwind in the penetrating heat of this bath, a trained therapist massages problem areas with a stream of high-pressure water, leaving your whole body soothed and refreshed. With any 50 -minute bath $126 Bath with Massage Combo 80 -minute Bath with 50 -minute Massage $150 105 -minute Bath with 80 -minute Massage $192 �N-1 cry 01.- 89 17 Our Aestheticians will help you determine the best approach and treatment for your skin care needs, allow- ing you to rediscover equilibrium in an atmosphere of well-being. Professionally educated to the highest stan- dards, our skin care experts participate in thorough and continuing education in the Phytomercl method. Cliff Spa Facials You are in the hands of our expert staff of aestheti- cians for a thorough and effective facial experience. Our 50 -minute treatment includes a full cleansing and hydrating facial, including a gentle steam appli- cation, cleansing, exfoliation, massage, toning, mask, and moisturizing. The 80 -minute facial goes into more depth adding special attention with extracts and lymphatic drainage massage. A Specialty Mask or Eye and Lip Contour treatment added to your Cliff Spa Facial will further customize and enhance your treatment. Your Aesthetician will analyze your facial type and help you choose the facial that suits you best. 50 minutes $96 80 minutes $156 Hydrating Excellent for easing the ill affects of our arid, high attitude environment, this mask helps restore natural balance to the epidermis by feeding it essential nutrition. 50 minutes $96 80 minutes $156 Sensitive Skin For those whose skin requires special care, this col- lection of revolutionary skin products effectively addresses the challenges of those extremely sensi- tive skin. 50 minutes $96 80 minutes $156 Purifying A traditional European style facial using time tested techniques for purifying, relaxing, toning and moisturizing. 50 minutes $96 80 minutes $156 Aromatherapy A natural facial incorporating the benefits of essen- tial oils and a rejuvenating lymphatic massage. 50 minutes $96 80 minutes $156 Maternity Keep up with the many changes that occur dur- ing pregnancy. This facial will address any imbal- ances your skin may be experiencing and help you learn how to maintain your skin throughout your pregnancy. 50 minutes $96 80 minutes $156 (See also Maternity Massage on page 12 and Maternity Package on page 27.) Men's Facial A deep cleansing facial that addresses the unique skin care needs of men. 50 minutes $96 80 minutes $156 FL ST S 477.013 West's F.S.A. § 477.013 WEST'S FLORIDA STATUTES ANNOTATED TITLE XXXII. REGULATION OF PROFESSIONS AND OCCUPATIONS CHAPTER 477. COSMETOLOGY Copr. (c) West Group 2000. All rights reserved. Current through End of 2000 2nd Reg. Sess. 477.013. Definitions As used in this chapter: (1) "Board" means the Board of Cosmetology. (2) "Department" means the Department of Business and Professional Regulation. Page 5 (3) "Cosmetologist" means a person who is' licensed to engage in the practice of cosmetology in this state under the authority of this chapter. (4) "Cosmetology" means the mechanical or chemical treatment of the head, face, and scalp for aesthetic rather than medical purposes, including, but not limited to, hair shampooing, hair cutting, hair arranging, hair coloring, permanent waving, and hair relaxing for compensation. This term also includes performing hair removal, including wax treatments, manicures, pedicures, and skin care services. (5) "Specialist" means any person holding a specialty registration in one or more of the specialties registered under this chapter. (6) "Specialty" means the practice of one or more of the following: (a) Manicuring, or the cutting, polishing, tinting, coloring, cleansing, adding, or extending of the nails, and massaging of the hands. This term includes any procedure or process for the affixing of artificial nails, except those nails which may be applied solely by use of a simple adhesive. (b) Pedicuring, or the shaping, polishing, tinting, or cleansing of the nails of the feet, and massaging or beautifying of the feet. (c) Facials, or the massaging or treating of the face or scalp with oils, creams, lotions, or other preparations, and skin care services. (7) "Shampooing" means the washing of the hair with soap and water or with a special preparation, or applying hair tonics. (8) "Specialty salon" means any place of business wherein the practice of one or all of the specialties as defined in subsection (6) are engaged in or carried on. (9) "Hair braiding" means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waving, relaxing, removing, or chemical treatment and does not include the use of hair extensions or wefts. (10) "Hair wrapping" means the wrapping of manufactured materials around a strand or strands of human hair, for compensation, wiyhout cutting, coloring, permanent waving, relaxing, removing, weaving, chemically treating, braiding, using hair extensions, or performing any other service defined as cosmetology. (11) "Photography studio salon" means an establishment where the hair- arranging services and the application of Copr. c West 2000 No Claim to Orig. U.S. Govt. Works C r7� m, -7o rc r t cs 5 s G