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3THE CITY Of PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members ofthe City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, Planning and Zoning Direct~ Date: September 28,2017 SUBJECT: A Resolution amending Resolution No. 071-17-14872 to extend the expiration of the Special Use approval for an Animal Hospital/Veterinarian at 6394-6396 S. Dixie Highway. BACKGROUND: Resolution No. 071-17-14872 was approved on April 4, 2017, granting a Special Use approval for an animal hospital/veterinarian at 6394-6396 S. Dixie Highway. The Land Development Code (LDC) provides that Special Use approvals "shall lapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use" (Section 20-5.8(C)). However, that section also provides for a'period greater than six (6) months to obtain a building permit for good cause. Per the attached letter from the applicant, the applicant's project was reviewed by the City's Environmental Review & Preservation Board (ERPB) at its September 5, 2017 regular meeting. At that time, the project was granted preliminary approval with conditions which are currently being addressed by the applicant. To prevent a lapse in the special use approval while those conditions are being addressed, the applicant is requesting an extension to their Special Use approval. As part of the condition for approval by the City Commission, Resolution #071-17- 14872 required that any and all exterior renovations or modifications for the expansion be approved by the ERPB prior to the issuance of a building permit. Once the ERPB has granted final approval for the project, the building permit can be approved by the Planning and Zoning Department, allowing it to be routed back to the City's Building Department for approval and issuance. Once the building permit has been issued, the special use will be implemented. REQUEST: Staff requests that the Commission approve the resolution. ANALYSIS: The delay in obtaining the building permit needed to implement the Special Use is good cause for extending the Special Use approval. The applicant's request of an extension of six (6) months would give the applicant an optimal amount of time to continue the review by the ERPB and obtain the necessary building permits for the project. 6394-6396 S. Dixie Highway -Animal Hospital/Veterinarian Special Use Extension Request September 28,2017 Page 2 of 2 RECOMMENDATION: It is recommended that the City Commission approve the applicant's request for an extension to their Special Use Permit. This approval should be subject to the following terms and conditions as well as all applicable City ordinances, codes, rules and regulations: 1. Adhere to the Special Conditions applicable in Section 20-3.4(8)(21) Animal Hospital/Veterinarian and Section 20-5.8 Special Use Approval of the Land Development Code except for the Special Use expiration; 2. The approved special use shall lapse after April 4, 2018 if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause; 3. If required by the Code, any and all exterior renovations or modifications for the expansion are subject to approval by the ERP8; and 4. If the subject animal hospital/veterinarian is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Attachments: • Resolution • Extension Request Letter, dated August 21, 2017 • Resolution 071-17-14872 MWL Z:\Commission Items\2017\09-28-2017\6394-6396 S. Dixie Hwy Animal Hospital Special Extension\6394-6396 S. Dixie Highway Sp~cial Use Extension Staff Memo 09-19-2017.docx 1 2 3 4 5 6 RESOLUTION NO. ______ _ A Resolution amending Resolution No. 071-17-14872 to extend the expiration of the Special Use approval for an Animal HospitaiNeterinarian at 6394- 6396 S. Dixie Highway. 7 WHEREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the 8 Applicant, South East Veterinary Referral Center, submitted Application PB-17 -006 to the 9 Planning Board requesting a Special Use Approval to operate an animal hospital/veterinarian at 10 6394-6396 S. Dixie Highway; imd 11 12 WHEREAS, the City Commission unanimously approved Resolution No. 071-17-14872 13 on April 4, 2017 granting the Special Use application subject to the requirements set forth in 14 LDC Section 20-3.4(B)(21): 15 16 17 18 19 20 21 22 1. All such uses shall be located within a fully enclosed, air-conditioned, soundproof structure. ii. There shall be no overnight boarding of animals except for medical purposes. iii. The hours of operation for visits and treatment will be 7:00 a.m. to 9:00 p.m. Monday through Saturday; hours of operation shall not prevent emergency medical treatment; and 23 and the following conditions: 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(21) Animal HospitallVeterinarian and Section 20-5.8 Special Use Approval of the Land Development Code; 2. The approved special use shall lapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause; 3. If required by the Code, any and all exterior renovations or modifications for the expansion are subject to approval by the ERPB; and 4. If the subject animal hospital/veterinarian is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. 41 WHEREAS, Section 20-5.8(C) of the LDC provides that Special Use Approvals "shall 42 lapse after six (6) months if no master building permit which implements the special use or 43 certificate of occupancy has been issued for such use"; and 44 45 WHEREAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6) 46 months to obtain a master building permit for good cause; and 47 1 WHEREAS, the Applicant encountered unexpected delays while the permit was under 2 review by the City; and 3 4 WHEREAS, the City Commission desires to amend the Special Use Approval for the 5 animal hospital/veterinarian and to amend the expiration date. 6 7 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 8 COMMISsioN OF THE CITY OF SOUTH MIAMI, FLORIDA: 9 10 Section 1. The applicant has shown good cause for extending the time to obtain a master 11 building permit and therefore Section 1 of Resolution No. 071-17-14872 granting a Special Use 12 Approval for an animal hospital/veterinarian at 6394-6396 S. Dixie Highway is hereby amended 13 to read as follows: 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Section 1: Special Use Application (PB-17 -006) submitted by applicant South East Veterinary Referral Center for an animal hospital/veterinarian at 6394-6396 S. Dixie Highway, within the General Retail "GR" zoning district is hereby approved subject to the following terms and conditions as well as all applicable City ordinances, codes, rules and regulations: 1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(21) Animal HospitallVeterinarian and Section 20-5.8 Special Use Approval of the Land Development Code except for the Special Use expiration; 2. The approved special use shall lapse after six (6) months April 4, 2018 if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause; 3. If required by the Code, any and all exterior renovations or modifications for the expansion are subject to approval by the ERPB; and 4. If the subject animal hospital/veterinarian is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. 40 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is 41 for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 42 shall not affect the validity of the remaining portions of this resolution. 43 44 Section 3. Effective Date. This resolution shall become effective immediately upon 45 adoption by vote of the City Commission. 46 1 PASSED AND ADOPTED this day of 2 2017. 3 4 ATTEST: APPROVED: 5 6 7 8 9 CITY CLERK MAYOR 10 11 READ AND APPROVED AS TO FORM, COMMISSION VOTE: 12 LANGUAGE, LEGALITY AND Mayor Stoddard: 13 EXECUTION THEREOF Vice-Mayor Welsh: 14 Commissioner Edmond: 15 Commissioner Harris: 16 CITY ATTORNEY Commissioner Liebman: 17 svrc'" ~IKI Southeast Veterinary Referral Center WWW.SVRCFLORIDA.COM INTERNAL MEDICINE Terry Carro, DVM Diplomate, American College of Vet erin my Internal Medicine Raquel Fuentes, DVM Practice Limited to Internal Medicine ONCOLOGY Stephanie Correa, DVM Diplomate, American College of Veterinary Internal Medicine (Oncology) Tanya Gustafson, DVM Diplomate, American College of Veterinary Internal Medicine (Oncology) DERMATOLOGY Millie Rosales, DVM Diplomate, American College of Veterinary Dermatology OPHTHALMOLOGY Robert Swinger, DVM Diplomate, American College of Veterinary Ophthalmologists Cherlene Delgado, DVM Diplomate, American College of VeterinalY Ophthalmologists SURGERY Rebecca Lin, DVM, CCRT Diplomate, American College of Veterinary Surgeons CARDIOLOGY Robert Prosek, DVM, MS Diplomate, America College of Veterinary Internal Medicine (Cardiology) Diplomate,European College of Veterinary Internal Medicine (Companion Animals) ANESTHESIOLOGY Marco Ruffato, DVM, CVMA Emergency & Critical Care Anesthesia and Analgesia Residency Trained Marco Ruffato, DVM,CVMA Jessie Hatfield, DVM Rachel Meyer, DVM Lissette Cepero, DVM Phillip DeFabio, DVM August 21, 2017 Mr. Marcus W. Lightfoot Zone Review Coordinator City of South Miami -Zoning Department 6130 Sunset Drive South Miami, FL 33143-5093 Re: Extension Request for Special Permit Use -Southeast Veterinary Referral Center 6396 S. Dixie Highway, Miami, FL 33143 RESOLUTION NO. 071-17-14872 Dear Mr. Lightfoot: The Southeast Veterinary Referral Center (SVRC) was granted a special permit use for the renovation of its facility at 63996 S. Dixie Highway, Miami, FL 33143. RESOLUTION NO. 071-17-14872 was passed and adopted on April 4th , 2017. Our architect is presenting the project to the ERPB at the September 5th meeting. We want to make sure we have enough time to process any potential recommendations from the Board before the special permit use expires (October 4, 2017). Therefore, we are hereby requesting an extension to our current special permit use (Resolution No. 071-17-14872). We understand there is a $500 fee extension. Attached is required fee for the extension processing. Do look forward to hearing from you. Don't hesitate to contact us should you need additional information. Sincerely, (-0 Tere;" ca~~ PVf'L/ Ma' aging ra~~er Sou heasYVeterinary Referral Center t\UG ; 3 2017 6394 South Dixie Highway, Miami, FL 33143 Tel. (305) 666-4142 Fax (305) 661-2434 www.svrcflorida.com RESOLUTION NO. 071-17-14872 A Resolution relating to a Special Use application to permit the expansion of an Animal Hospital! Veterinarian at 6394-6396 S. Dixie Highway. WHEREAS, pursuant to Section 20-3.4(B)(21) of the Land Development Code (LDC), the applicant, South East Veterinary Referral Center, submitted Application No. PB-17 -006 to the Planning Board requesting a Special Use Approval to operate an animal hospital/veterinary 6394- 6396 S. Dixie Highway, within the General Retail "GR" zoning district; and WHEREAS, the applicant proposes to expand the existing animal hospital/veterinarian use by adding 800 square feet on the ground floor, 947 square feet on the second floor, and a 181 square foot second floor open terrace to the existing 3,361 square foot building; and , WHEREAS, the animal hospital/veterinarian use is listed in the Permitted Use Schedule (Section 20-3.3D) as a special use within the General Retail "GR" and is subject to meeting the general conditions specified in LDC Section 20-5.8 and subject to meeting the special use requirements set forth in LDC Section 20-3.4(B)(21) for an animal hospital/veterinarian; and WHEREAS, the applicant's animal hospital/veterinarian use meets the special use requirements set forth in LDC Section 20-3.4(B)(21) which are: i. All such uses shall be located within a fully enclosed, air-conditioned, soundproof structure. ii. There shall be no overnight boarding of animals except for medical purposes. iii. The hours of operation for visits and treatment will be 7:00 a.m. to 9:00 p.m. Monday through Saturday; hours of operation shall not prevent emergency medical treatment; and WHEREAS, the Planning and Zoning Department has determined that the applicant's animal hospital/veterinarian special use meets the parking requirements for the General Retail "GR" zoning district; and WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and WHEREAS, at the March 14,2017 Planning Board meeting, and following a public hearing, the Board reviewed application PB-17-006 and voted seven (7) ayes, zero (0) nays to recommend approval of the request for a special use to operate an animal hospital/veterinarian with conditions; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Special Use Application (PB-17-006) submitted by applicant South East Veterinary Referral Center to operate an animal hospital/veterinarian at 6394-6396 S. Dixie Pg. 2 of Res. No. 071-17-14872 Highway, within the General Retail "GR" zoning district is hereby approved. This approval is subject to the following terms and conditions as well as all applicable City ordinances, codes, rules and regulations: 1. Adhere to the Special Conditions applicable in Section 20-3.4(B)(21) Animal HospitallVeterinarian and Section 20-5.8 Special Use Approval of the Land Development Code; 2. The approved special use shaUlapse after six (6) months if no master building permit which implements the special use or certificate of occupancy has been issued for such use and if the City Commission has not specified a longer approval period for good cause; 3. If required by the Code, any and all exterior renovations or modifications for the expansion are subject to approval by the ERPB; and 4. If the subject animal hospital/veterinarian is, in the future, determined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this .resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote ofthe City Commission. PASSEDANDADOPTEDthis 4th day of, April ,2017. --=-------- APPROVED: l'yj[t!~ MAY COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Edmond: Yea Commissioner Harris: Yea Commissioner Liebman: Yea