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Res No 026-23-15960RESOLUTION NO. 026-23-15960 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA GRANTING APPROVAL OF A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITALNETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Miami Veterinary Dermatology, LLC (the "Applicant"), submitted Application No. PB-23-001 (the "Application"), requesting a special use pursuant to Sections 20- 3.3 and Section 20-5.8 of the Land Development Code (the "LDC") to allow an Animal HospitalN eterinarian use at 6448 S. Dixie Highway (the "Property"); and WHEREAS, the "Animal HospitalNeterinarian" use is permitted as a Special Use within the GR zoning district and is subject to meeting (i) the Special Use General Requirements of Section 20-3.4(A) of the LDC; and (ii) the Special Use Special Requirements set forth in Section 20-3.4(B)(21) of the LDC; and WHEREAS, pursuant to Section 20-5.8 of the LDC, the Planning Board held a public hearing on February 14, 2023, and recommended approval of the Application subject to staff conditions by a vote of six ( 6) to zero; and WHEREAS, the Mayor and City Commission of the City of South Miami, having held a public hearing on March 7, 2023, and having considered the Application pursuant to Section 20- 3.3 of the LDC and having found that the applicable requirements and conditions listed in Sections 20-3.4 and 20-5.8 of the LDC have been met, desire to approve the Application. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. Recitals and Findings. The recitals set forth in this resolution are true and correct, and are supported by competent substantial evidence, and they are incorporated into this resolution by reference as if set forth in full herein. The City Commission finds that the requested Special Use Application, as modified by the staff conditions, [ meets/does not meet] the applicable requirements of Sections 20-3.3, 20-3.4, and 20-5.8 of the LDC, including the criteria of Section 20-5.8(B) of the LDC. Section 2. Approval. The Application submitted by the Applicant requesting a special use to allow an Animal Hospital/Veterinarian, within the GR zoning district located at 6448 S. Dixie Highway, South Miami, Florida, is hereby approved. Section 3. Conditions. This special use is hereby approved subject to the following terms and conditions as well as all applicable City ordinances, codes, rules, and regulations: Page 1 of 3 Res. No. 026-23-15960 a. The "Animal HospitaIN eterinarian" use shall be located within a fully enclosed, air- conditioned, soundproof structure. Evidence that the structure will be fully enclosed, air- conditioned, and soundproofed shall be provided to the satisfaction of the City; b. There shall be no overnight boarding of animals except for medical purposes; c. 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; d. If required by the Code, all exterior renovations or modifications for the new establishment may be subject to approval by the Environmental Review & Preservation Board; e. If the special use is, in the future, determined by the Director of the Planning and Zoning Department or the City Commission, to be adversely affecting the health, safety or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the proposed use, or otherwise to be detrimental to the public welfare or property or improvements in the surrounding neighborhood, or to be not in compliance with any other applicable Code provisions, the special use approval may be modified, with conditions of approval revised or added to alleviate such adverse effect, or revoked by the City Commission upon notification and public hearing; and f. The approved special use shall lapse after six ( 6) months if no master building permit which implements the special use, certificate of occupancy, or a certificate of use has been issued for such use and if the City Commission has not specified a longer approval period for good cause. Section 4. Enforcement of Conditions. The Applicant understands and acknowledges that they must comply with these conditions and all other applicable requirements of the LDC and City Code before they may commence construction or occupancy, and that the foregoing approval in this Resolution may be revoked by the City at any time upon a determination by the City Commission, following a public hearing, that the Applicant or successor is in non-compliance with the LDC, the City Code and/or the conditions of this Approval and have failed to cure, or to provide an acceptable plan to timely cure, the non- compliance. Section 5. Corrections. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Page 2 of 3 Res. No. 026 -23 -15960 Section 6. Severability. In the event any portion or section of this Resolution is determined to be invalid, illegal or unconstitutional by a court or age ncy of competent jurisdiction, such d ecision shall in no way affect the remaining portions of this Resolution, w hich sha ll remain full force and effect. Section 7. Effective Date. This resoluti o n s hall become effective immediately upon adoption. PASSED AND ADOPTED this 7th day of March, 2023. ATTEST: APPROVED: ~~ CITY \rLE ~~~ Mt~ READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5-0 LANGUAGE, LEGALITY AND Mayor Fernandez: Yea EX UTION THEREOF Vice Mayor Bonich: Yea Commissioner Liebman: Yea Commi ssion er Corey: Yea Y Commi ssioner Calle: Yea WEISS SEROT A H ELFMAN COLE & BIERMAN, P .L. STA TE OF FLORIDA ) COUNTY OF MIAMI-DADE ) I, Nkenga "N ikki" Payne, CMC, FCRM, City C lerk of th e City of South Miami, F lorid a, do h ere~~ertify that the a bove and fo regoing i s a true and correct copy of . Resolution No.◊. ~q\)t adopted by the C ity Commissio n at its mee ting held on the 'l:ib day of f\\»,U\ , 2023. Issu ed: 3 i 15 /.23 "Payne Page 3 of 3 Agenda Item No:7. City Commission Agenda Item Report Meeting Date: March 7, 2023 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: QUASI-JUDICIAL WARNING: THE FOLLOWING MATTER IS CONSIDERED TO BE QUASI-JUDICIAL. PLEASE REVIEW THE RESTRICTIONS THAT ARE MORE FULLY SET FORTH AT THE END OF THIS AGENDA. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 4/5 (CITY MANAGER-PLANNING DEPT.) Suggested Action: Attachments: 6448 S. Dixie Hwy Special Use CM Report.docx 4625960-6448 S Dixie Highway SU Resolution CAv2.docx PB-23-001 Application Documents.pdf PB-23-001 Draft PB Regular Meeting Minutes - 2-14-2023.pdf 6448 S Dixie Survey.pdf Miami Vet Derm A1.0 Final Plan 230106.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias, City Manager DATE:March 7, 2023 SUBJECT:6448 S. Dixie highway Animal Hospital/Veterinarian Special Use Application ARESOLUTIONOFTHECITYCOMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA[GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY;ANDANEFFECTIVEDATE. BACKGROUND: The Applicant, Miami Veterinary Dermatology, LLC currently provides its specialized care of animals with skin and ear disorders to several veterinary specialty centers in the Miami area. In a desire to have a more centralized practice, the Applicant found a location at 6448 S. Dixie Highway which is in the South Miami area that could fit their brand of service. Upon review of the City’s Permitted Use Schedule, Section 20-3.3(D) of the Land Development Code (LDC), it was determined that a Special Use approval by the City Commission would be required prior to the commencement of any activities associated with the business. Proposed Veterinarian/Animal Hospital Location Map SUBJECT PROPERTY 2 6448 S. Dixie Highway Veterinarian Special Use Application March 7, 2023 Page 2 of 7 REQUEST: Miami Veterinary Dermatology, LLC, the Applicant, is requesting approval to permit an “Animal Hospital/Veterinarian” use in a tenant space in the existing one-story commercial building located at 6448 S. Dixie Highway, which is in the General Retail (GR) zoning district. Pursuant to the regulations listed in the Permitted Use Schedule, Section 20-3.3(D) of the Land Development Code (LDC), a Special Use permit is required for the operation of an Animal Hospital or Veterinarian in the GR zoning district. ANALYSIS: Pursuant to the Special Use Conditions, Section 20-3.4 of the LDC, a special use may be approved and permitted by the City Commission at a public hearing, after a recommendation by the Planning Board, provided that such use complies with the general requirements, special requirements, and any other conditions that the City Commission may consider appropriate and necessary.When reviewing the project, the following items are noted: The applicant’s intent is to lease a tenant space in the existing one-story commercial building located at 6448 S. Dixie Highway (Subject Property). As shown on the attached Land Title Survey, the parking area contains approximately fifty (50) off-street parking spaces. The property owner provided a breakdown of the square footages for the tenant spaces in the building. Per that breakdown, the tenant space for the proposed veterinarian is approximately 1,558 square feet. After review of the City’s Zoning Map, it was determined that the subject property abuts the following zoning districts: o North: General Retail (GR) o South: General Retail (GR)/Parks & Recreation (PR) o East: Medium Density Multi-Family Residential (RM-24) o West: Low Density Single-Family Residential (RS-3) The City’s GR zoning district along the South Dixie Highway corridor contains other veterinarian offices including: o SVRC: The Pet Emergency Room – 6394 S. Dixie Highway; o VCA South Dade Animal Hospital (Avian and Exotics) – 6380 S. Dixie Highway; and o V Animal Clinic – 7535 SW 62 Avenue; o South Miami Animal Clinic – 6100 S. Dixie Highway; and o Florida Veterinary Cardiology, LLC – 7500 SW 61 Avenue (Recently Approved) It is important to note that the City currently does not have any regulations that limit the number of veterinarian offices in the GR zoning district. 3 6448 S. Dixie Highway Veterinarian Special Use Application March 7, 2023 Page 3 of 7 Because there is no work proposed for the exterior of the building or the parking area, the applicant was permitted to provide a property survey in lieu of providing a site plan. The Applicant also provided a proposed Floor Plan, sheet A1.0, for the tenant space. The floor plan provided details the renovations that are proposed for the building. Currently, all proposed renovations will be completely internal to the building and will consist of the construction of lobby, examination rooms, office space, and other miscellaneous rooms necessary for the day-to-day activities of the business. The Neighborhood Awareness letter that was sent out by the applicant states that because of the specialty service provided, emergency medical treatment would not typically be rendered at the office. Additionally, the business is not expected to operate outside of the typical hours of 8:00 a.m. to 5 p.m., Monday to Friday. PARKING SPACE ANALYSIS Pursuant to Section 20-3.3(D) of the LDC, the minimum parking space requirement for an “Animal Hospital or Veterinarian” use is as follows: One (1) space per four hundred (400) square feet of gross floor area. Pursuant to the tenant breakdown provided by the property owner, the tenant space has a square footage of approximately 1,558 square feet. Based on the information provided, the minimum amount of off-street parking spaces required for the proposed Veterinarian is:1,5585?.?.1 × 1 ??????? ?????400 ?.?.= 3.895 ??????? ?????? Based on the calculations listed above, the minimum amount of off-street parking spacesneeded to satisfy the parking requirement for the proposed use is four (4) parking spaces. This information has been incorporated into the table below which provides a breakdown of the tenant spaces in the building and their minimum parking requirement. Tenant Space Breakdown & Parking Requirement Tenant Space Tenant Use Tenant Area (SF) Parking Ratio Required Parking Spaces A Ace Hardware Hardware Store 13,545 1/300 46 B Jerry’s Artarama Hobby, Toy, or Game Shop 8,021 1/300 27 C Laquehouse Beauty Bar Beauty/Barbershop 1,648 1/300 7 D Tremble Pilates Personal Skills/Instruction Studio 1,615 1/250 7 E Vacant Veterinarian 1,558 1/400 4 4 6448 S. Dixie Highway Veterinarian Special Use Application March 7, 2023 Page 4 of 7 Based on the information provided, the current and proposed uses in the building will have a combined minimum off-street parking space requirement of approximately, ninety-one (91) parking spaces. While reviewing the Map of Boundary Survey, it was determined that approximately fifty (50) off-street parking spaces are provided on the subject property. As part of the letter of intent for the project, the applicant provided the City with a Zoning Verification Letter that was signed on March 3, 2016, by then Assistant City Manager, Ms. Shari Kamali. As part of the letter, Ms. Kamali states that the subject property was considered to have nonconforming status as it related to the property’s minimum parking space requirement and was granted grandfather status forPearl Art Supply, the original sole tenant in the buildingat the time who previously occupied approximately 27,561 SF. The letter then states that any future use that has a parking space requirement that is more intense than the minimum required for the “Hobby, Toy, or Game Shop” use (One (1) space per three hundred (300) square feet of gross floor area) would be required to either obtain a parking space variance from the City Commission or comply with Section 20-4.4(A) of the LDC. Because the minimum off-street parking space requirement for the “Animal Hospital or Veterinarian Use” is less intense than that of the “Hobby, Toy, or Game Shop” use, it was determined that the parking requirement for the proposed veterinarian will be satisfied, and no additional parking spaces will be required. SPECIAL USE REGULATIONS To be approved, the proposed Veterinarian must comply with the Special Use general requirements listed in Section 20-3.4(A) of the LDC which are as follows: Section 20-3.4(A) General Requirements. (1) All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. (2) All such uses shall be determined to be of a compatible and complementary nature with any existing, planned or anticipated surrounding uses. (3) A public hearing shall be held by the City Commission to determine the overall compatibility of the use with the surrounding neighborhood. (4) If a special use is, in the future, determined by the Director of the Planning and Zoning Department or the City Commission, to be adversely affecting the health, safety or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the proposed use, or otherwise to be detrimental to the public welfare or property or improvements in the surrounding neighborhood, or to be not in compliance with any other applicable Code provisions, the special use approval may be modified, with conditions of approval revised or added to alleviate such adverse effect, or revoked by the City Commission upon notification and public hearing. 5 6448 S. Dixie Highway Veterinarian Special Use Application March 7, 2023 Page 5 of 7 Additionally, the proposed Veterinarian must also comply with the Special Use special requirements listed in Section 20-3.4(B)(21) of the LDC which are as follows: Special Requirements - Section 20-3.4(B)(21) ANIMAL HOSPITAL/VETERINARIAN (a) All such uses shall be located within a fully enclosed, air-conditioned, soundproof structure. (b) There shall be no overnight boarding of animals except for medical purposes. (c) 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. SPECIAL USE ANALYSIS Section 20-3.4 of the LDC provides the standards against which this application must be reviewed. The following is staff’s analysis of both the Special Use General and Special Requirements for the proposed veterinarian that are quantifiable: General Requirements 1.All such uses shall comply with all requirements established in the appropriate zoning use district, unless additional or more restrictive requirements are set forth below or by the City Commission. Staff Response: The proposed use of a Veterinarian is a use that is permitted in the GR zoning district but requires Special Use approval from the City Commission prior to the commencement of any activities. Because the property was granted grandfather status as it relates to parking, the proposed project will comply with the City’s minimum off-street parking space requirement for the use and will also comply with all requirements established for the GR zoning district. 2.All such uses shall be determined to be of a compatible and complementary nature with any existing, planned or anticipated surrounding uses. Staff Response:Currently, the proposed veterinarian will be surrounded by multi-family residential to the east, retail establishments to both the north and south as well as single- family residential to the west on the other side of South Dixie Highway. Given the nature of the existing surrounding uses, the specialized care that will be provided by the proposed veterinarian use will be compatible and complementary to the existing uses in the surrounding area. Special Requirements 1. All such uses shall be located within a fully enclosed, air-conditioned, soundproof structure. Staff Response:Per the site plan and floor plan that were provided, all care for the animals will be fully enclosed in the tenant space and air-conditioned. However, it is not readily clear if the building will be soundproofed. Because of its proximity to the multi-family residential 6 6448 S. Dixie Highway Veterinarian Special Use Application March 7, 2023 Page 6 of 7 property that is adjacent to the building, the applicant will be required to provide proof that the tenant space will be a fully enclosed, air-conditioned, soundproof structure. Because of that, it is recommended that this LDC regulation be made a condition of approval for the project. 2. There shall be no overnight boarding of animals except for medical purposes. Staff Response:The Floor Plan provided indicates that an area in the space will be uses for cages. Because the LDC requires that there shall be no overnight boarding except for medical purposes, a condition for approval has been recommended requiring that there will be no overnight boarding of animals except for medical purposes. 3. 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. Staff Response: Even though both the Letter of Intent and the Neighborhood Awareness Letter state that the proposed veterinarian is not expected to operate outside of the typical hours of 8:00 a.m. to 5 p.m., Monday to Friday, a condition for approval regarding the hours of operation for the business has been recommended by Staff. PLANNING BOARD RECOMMENDATION: After a public hearing on February 14, 2023, the Planning Board voted six (6) to zero (0) to recommend Approval to the City Commission of the proposed application. RECOMMENDATION: Staff recommends that the City Commission approve the Special Use application for the “Animal Hospital/Veterinarian.” This approval should be subject to the following terms and conditions as well as all applicable City ordinances, codes, rules, and regulations: a. The “Animal Hospital/Veterinarian” use shall be located within a fully enclosed, air- conditioned, soundproof structure. Evidence that the structure will be fully enclosed, air- conditioned, and soundproofed shall be provided to the Satisfaction of the City; b. There shall be no overnight boarding of animals except for medical purposes; c. 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; d. If required by the Code, all exterior renovations or modifications for the new establishment may be subject to approval by the Environmental Review & Preservation Board; and e. If the special use is, in the future, determined by the Director of the Planning and Zoning Department or the City Commission, to be adversely affecting the health, safety or welfare, including quiet enjoyment, of persons residing or working in the vicinity of the 7 6448 S. Dixie Highway Veterinarian Special Use Application March 7, 2023 Page 7 of 7 proposed use, or otherwise to be detrimental to the public welfare or property or improvements in the surrounding neighborhood, or to be not in compliance with any other applicable Code provisions, the special use approval may be modified, with conditions of approval revised or added to alleviate such adverse effect, or revoked by the City Commission upon notification and public hearing. f. 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. ATTACHMENTS: Resolution Application, Dated January 4, 2023 Letter of Intent, dated January 9, 2023; Zoning Verification Transmittal Letter, dated March 25, 2016 6448 S. Dixie Highway Zoning Verification Letter, dated March 3, 2016 Letter of Authorization from HRH Family Associates, LLC, dated December 27, 2022 6448 South Dixie Square Footage Mailing Label Affidavit w/ Location Map, dated December 30, 2022 Neighborhood Awareness Affidavit w/Abutting Property Owner Map, dated August 12, 2022 Neighborhood Awareness Letter, dated January 24, 2023 City Notice of Public Hearing Legal Ad ALTA/ACSM Land Title Survey Floor Plan, sheet A1.0 8 12 City of South Miami Planmng & Zoning Department Tl IF Cll \' OF l"LF,\~,\~T I /\'1/'.G City Hall, 6130 Sm1set Drive, South Miami, Florida 33143 Telephone: (305) 663-6326 A 1· !JJI) zcatwn or u lC eannf! fc P bl' R b (<. e ore Pl annutf! B d&c· C ll)I oar ommzsswn Address of Subject Property: 6448 s Dixie Hwy., South Miami, 33143 Lot (s) __ Block ---Subdivision PB ----- Meets & Bounds: Legal description attached as Exhibit "A" Applicant: MIAMI VETERINARY DERMATOLOGY, LLC Phone: (305) 740-3376 Representative : Nick Noto, Esq. Organization: Bilzin Sumberg Baena Price & Axelrod LLP Address · 1450 Brickell Avenue, 23rd Floor, · Miami, Florida 33131 Phone: (350) 350-2398 ...___ -:-, Property Owner: HRH FAMIL y ASSOCIATES LLC Signature: John '~ -<r': HRH Family Associates LLC Mailing Address:2811 Kirk Street, Miami, FL 33133 Phone: {305 65 Architect/Engineer. Fuller Architecture, Inc. Phone: (336) 751-0400 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: ~Tenant/Lessee _Owner _Owner's Representative _Contract to purchase _Option to purchase APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEAS E CHECK ALL THAT APPLY: -Text Amendment to LDC ~ariance ...J. Letter of intent _ Zoning Map Amendment pecial Use _ Justifications for change _ PUD Approval _Special Exception _ Statement of hardship _ PUO Major Change _Abandonment of ROW ~ Proof of ownership or letter from owner _ Other (Waiver of Plat) _ Power of attorney Briefly explain application and cite specific Code sections: _ Contract to purchase The Ap~flcanl 1s seeking a ~ecial use approva l to open a veterinary dermatology practice In ~Current survey (1 original sealed and one of a ex1st1ng commer al bays at the property located at 6448 S DilCie Highway. All signed/1 reduced copy @ 11" x 1 r) veterinarian uses are soecial uses i n the GR -General Retail zonino district oursuant lo section Lu-;, . .1 of the city s Lano Development Coda . 1 ms is a spaclall).'. practice wrncn wlll not _ 15 copies of Site Plan and Floor Plans negalively impact the existi ng shopping center and will complk with each of the special use 24 x 36", 1 reduced copy @ 11" x 17" requirements provided ror in Section 20-3.4 of the Land Oeve opment Code . \£' Affidavit-Receipts attesting to mail notices sent Section: __ Subsection: --Page#: __ Amended Date: -Petition .Y'Mailing labels (3 sets) and map \/Required Fee(s) The undersigned has rend this completed nppl1cation and represents that the information and all submitted materials are true and correct to ,e besl of the app licant's knowlcdg~and belief. Dr. Millie Rosales / / 't/1, 3 Print Name Datb Upon rece ipt, applications and all submitted materials will be TL-viewed for compliance witli the Land Development Code and other applicable reg ufations. Apphcn tions found not in compliance will be rejected and re turned to the applicant, OFFICE USE ONLY: Date Filed ____ _ Date of PB Hearing ______ Date of Commission" _____ _ Petition Required __ _ Petition Accepted _____ _ Method of Payment https://southmiamiflgov .sharepointcom/planning/Shared Documents/F'onns 2/Cu1Tent Planning Department Forms/Planning Department Fonns/Planning Board/PB -Public Hearing Application -Revised 10-6-2021.doc 13 VIA HAND DELIVERY Henry Flores Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 January 9, 2023 CJ Bilzin Sumberg Nicholas Noto Tel 305-350-2398 Fax 305-351-2125 nnoto@bilzin.com Re: Miami Veterinary Dermatology, LLC -Application for Special Use Approval Address: 6448 S Dixie Highway, South Miami. Florida Folio Number: 09-4036-000-0500 Dear Mr. Flores: Our firm represents Miami Veterinary Dermatology, LLC ("Miami Veterinary Dermatology" or the "Applicant"), the prospective tenant of a portion of the property located at 6448 S Dixie Highway in South Miami (the "Property"). The Property is located in the General Retail ("GR") Zoning District. The Property's current use is commercial retail and its future land use category is Commercial Retail and Office. Pursuant to Section 20-3.3 of the City of South Miami Land Development Code ("LDC"), animal hospitals/veterinarian uses may be permitted in the GR District by application for Special Use. The Applicant intends to lease one of the existing commercial retail bays at the Property in order to operate a specialty, veterinary dermatology practice. As such, the Applicant respectfully requests consideration and approval of its Special Use Application. I. Miami Veterinary Dermatology and Dr. Millie Rosales Miami Veterinary Dermatology is owned and operated by Dr. Milagros "Millie" Rosales, who practices at several veterinary specialty centers in the South Florida area. Dr. Rosales is a board certified veterinary dermatologist, specializing in the care of animals with skin and ear disorders. Since one of the main causes for skin and ear problems in dogs and cats is allergies, Dr. Rosales also specializes in allergic disorders of animals, comparable to a human allergist. Dr. Rosales has undertaken extensive post- MIAMI 10111935.2 101604/303858 Bilzin Sumberg Baena Price & 1\.xelrod LLP i 1450 Brickell Avenue, 23rd Floor, l'vliami. Florida 33131-3456 Tel 305.374.7580 I Fax .105.374.7593 I bilzin.com 14 January 9, 2023 Page2 CJ Bilzin Sumberg doctoral training in the diagnosis and treatment of skin, hair, ear and claw conditions of animals. Veterinary dermatologists have the extra training to recognize unusual dermatological conditions, that a general veterinarian may not be familiar with, and guide the pet owner to the most direct diagnostic plan and treatment. II. The Use, its Relationship to the Property, and Compliance with the Land Development Code The Applicant's proposed use does not affect the exterior of the Property, nor will it increase the square footage of the existing building. Instead, the Applicant simply hopes to occupy available and previously occupied tenant space within the existing building. The tenant space will be modified in order to support the veterinary dermatology practice. However, the modifications only affect the internal footprint of the proposed leased space, and neither the square footage of the tenant space nor of the overall Property will be affected. A conceptual floor plan of the internal build out of the tenant space is included with this application package. Ill. Parking The Property currently has 51 on-site parking spaces, including 48 regular parking spaces and three (3) disabled parking spaces. The total on-site parking can be seen in the survey included with this application package and is not proposed to change as part of the proposed veterinary occupancy. The Property contains an existing structure dating back to 1947. In 2016, the City issued the attached zoning verification letter for the Property acknowledging that the building and the site have legal nonconforming status specifically as it relates to parking. Accordingly, pursuant to Section 20-4.B{b) of the City of South Miami's Land Development Code {the "LDC"), the "[u]se of such structures shall be consistent with the parking standards applicable on the first date of such [pre-existing] use." In this case, the pre- existing use was Pearl Art Supply, which would have been classified as a "Hobby, Toy or Game Shop" and have a parking requirement of one {1) space per three hundred (300) square feet of gross floor area. According to the 2016 zoning verification letter, so long as the existing structure is not rebuilt to increase the extent of the nonconformity with any dimensional requirement, future uses shall be allowed to occupy the tenant space if they have a parking requirement equal to or less intense than one (1) space per three hundred (300) square feet of gross floor area. According to Sections 20-3.3(0) and 20-4.4(8) of the LDC, an Animal Hospital or Veterinarian use has a parking requirement of one (1) space per four hundred (400) square feet of gross floor area. Because the use is less intense than the pre-existing use, and does not increase the extent of the nonconformity of the structure, it is compliant both with the Property's legal nonconforming status under Section 20-4.B(b) of the LDC, and the City's interpretation of the Property in accordance with its 2016 zoning verification letter. Page 2 of 3 15 January 9, 2023 Page3 c-;, Bilzin Sumberg IV. Compat ibility an d Compliance with Spec ia l Use Requi rements Miami Veterinary Dermatology offers a compatible and complimentary use that will operate harmoniously with the predominantly retail uses that currently operate at the Property. The proposed use complies with the Special Use requirements of the LDC in that the use will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use and will not be detrimental to the public welfare, property, or improvements in the neighborhood, and complies with all other applicable provisions of the Code of Ordinances of City of South Miami. In fact, the City's special use restrictions on veterinary practices, ensures that the use will have a de minimis effect on the Property and persons visiting the Property. Miami Veterinary Dermatology will comply with each of the special use conditions provided in Section 20-3.4 of the LDC. The use will be entirely located within the fully enclosed, air-conditioned, and soundproofed tenant space and there will be no overnight boarding of animals, except for medical purposes. The hours of operation of the practice will be limited to between 7:00 a.m. and 9:00 p.m. Monday to Saturday, of course excepting periodic emergency medical treatment, only as necessary. In fact, Miami Veterinary Dermatology's typical hours of operation is expected to be from 8:00 a.m. to 5:00 p .m. Monday to Friday. Since this is a specialty, veterinary dermatology practice, unlike emergency animal hospitals, emergency medical treatment is not typically rendered in off-hours by Dr. Rosales. Based on the foregoing, we respectfully request your favorable recommendation. The requisite application fees, forms, and documentation are attached. Thank you for your consideration of this application Sincerely, N~A.NO'to- Nicholas A. Noto NN:NAN cc: Dr. Millie Rosales, Miami Veterinary Dermatology, LLC Page 3 of 3 16 WEISS SE ROTA HELF MAN COLE & BIERMAN Dr. Leo Hart HRH Family Associates, LLC. 2811 Kirk Street Miami, FL 33133 March 25, 2016 MARILYN SOMODEVILLA msomodevilla@wsh-law.com Re: 6448 S. Dixie Highway, South Miami, Florida Dear Dr. Hart: Enclosed please find the original letter from the City of South Miami in connection with the captioned matter. Should you have any questions, please do not hesitate to contact our office. /ms Enclosure 3034001 :;;Ej sti-lb Marilyn Somodevilla Legal Assistant 2525 Ponce de Leon Blvd., Suite 700, Coral Gables, FL 33134 305-854-0800 I www.wsh-law.com 17 THE CITY OF PLEASANT LIVING March 3, 2016 Weiss Serota Helfman Cole & Bierman, P.L. Attn: Tony Recio 2525 Ponce De Leon Boulevard, Suite 700 Coral Gables, FL 33134 Re: Zoning Verification Letter for: 6448 S. Dixie Highway Folio #09-4036-000-0500 Dear Mr. Recio: Regarding your inquiry, the City of South Miami zoning designation for the above referenced property is General Retail {GR). The purpose of this district is to delineate areas which permit a broad range of retail uses. This district is appropriate in areas designated "General Retail" on the City's adopted Comprehensive Plan. According to your request, the subject property currently contains an existing structure that was constructed in 1947, and now has fifty (50) parking spaces. The previous tenant, Pearl Art Supply, was allowed to occupy 27,561 square feet of the existing building until it closed and left the space . Pursuant to the City's Permitted Use Schedule, Section 20-3.3(D) of the Land Development Code ("LDC"), Pearl Art Supply would have been classified as a "Hobby, Toy or Game Shop," which has a parking requirement of one (1) space per three hundred (300) square feet of gross floor area. This parking requirement is consistent with Section 20-4.4(0)(11) of the LDC. Based on the information provided, the building and site would be considered to have nonconforming status. Pursuant to Section 20-4.B(B) of the LDC, 1. A structure which was erected in conformance with the applicable dimensional requirements in effect at the time of erection but which at a subsequent date fails to conform to applicable dimensional requirements due to a change in the zoning map, in the dimensional requirements table or in the text of this Code, may continue to be used for any use permitted in the district in which it is located, subject to the requirements of this section. 2 . The following requirements shall apply to such structures: a. Use of such structures shall be consistent with parking standards applicable on the first date of such use; and City of South Miami I 6130 Sunset Drive I South Miami, FL 33143-5093 305.663.6338 I southmiamifl.gov 18 Zoning Verification Letter 6448 S. Dixie Highway March 3, 2016 Page 2 of 2 b. In the event of any remodeling or rebuilding, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement. Based on the LDC regulations listed above, the owner may remodel the building. Furthermore, uses that have a parking space requirement identical to Pearl Art Supply would be allowed to occupy the tenant space and would not affect the legal-nonconforming status of the building. However, the remodeling or rebuilding shall not increase the extent of nonconformity with any dimensional requirement. Last, any future use that has a parking space requirement that is more intense than that of Pearl Art Supply will be required to either obtain a parking space variance from the City Commission for the deficient parking spaces or comply with Section 20- 4.4(A)(3) of the LDC, which states: An annual fee of one thousand dollars ($1,000.00}, per space, which shall increase five (5) percent annually, shall be paid into the Parking Fund for all on- street parking spaces which are credited or counted toward required parking for new structures, or a change in use that increases the minimum number of of/- street spaces required after the date of January 2, 2008. If you have any additional questions or need further clarification, please do not hesitate to contact this office at (305) 668-2510. Assistant City Manager MWL C;\Users\skamall\AppOata\Local\Mlcrosoft\Wlndows\Temporary Internet Flles\Content.Outlook\HC08UQSV\6448 s. Dixie Hlghway_3-3-2016 rev gh .docx 19 HRH FAMILY ASSOCIATES, LLC 2811 KIRK STREET Mr. Henry Flores Planning Director City of South Miami 6130 Sunset Drive South Miami, FL 33143 MIAMI, FL 33133 December 27, 2022 Re: Letter of Authorization to File Special Use Application Dear Mr. Flores: As Manager of HRH FAMILY ASSOCIATES, LLC, a Florida limited liability company, the owner of the property located at 6448 S. Dixie Hwy., Folio: 09-4036-000-0500 (the "Property"), I do hereby authorize MIAMI VETERINARY DERMATOLOGY, LLC through its attorney, Nick Noto, to file and process an application for a special use approval. The application requests authorization from the City Commission to allow MIAMI VETERINARY DERMATOLOGY, LLC to open a specialty, veterinary dermatology practice at the Property. For any questions you may have regarding the special use application or any documentation relating thereto, please contact Nick Noto at (305) 350-2398 or nnoto@bilz1n.com. MIAMI )0096632.1 101604/303858 20 6448 South Dixie Square Footage A (ACE Hardware) 13,545 B (Jerry's Artarama) 8,021 C (Laquehouse Beauty Bar) 1,648 D (Tremble Pilates) 1,615 E (Vacant) 1,558 Total leasable area 26,387 21 December 30, 2022 qty of South Miami Planning & Zoning Department 6130 Sunset Drive South Miami FL 33143 , The Zoning Specialists Group, Inc. RE: Property Owners List within 500 feet of: LOCATION: 6448 South Dixie Highway, South Miami, FL 33143 FOLIO: 09-4036-000-0500 PREPARED FOR: Bilzin Sumberg ORDER: 221215 Total number of property owners without repetition: 131 This is to certify that the attached ownership list, map and mailing matrix is a complete and accurate representation of the real estate property and property owners within 500 feet of the subject property listed above. This reflects the most current records on the file in Miami-Dade County Property Appraiser's Office. Sincerely, THE ZONING SPECIALISTS GROUP, INC. a~~Z l~ Omara R. Lopez For the Firm 7729 NW 146th Street• Miami Lakes , FL 33016 Phone: 305 828-1210 www. thezoni ngspecialistsgroup. com 1 22 5 '00-FOOT RADIUS MAP OF: w ~ 150 610 :i: ~ 100 ;: 470 310 ID 280 LOCATION: 6448 South Dixie Highway) 260 270 160 South Miami, FL 33143 FOLIO: 09-4036-000-0500 570 PREPARED FOR: Bilzin Sumberg 040 O:ll 050 010 020 ORDER: 221215 )40 DATE:December30J2022 -GRIGSBYMANOR I 000 070 100 620 SW 71!1'H ER SW 050 170 160 150 040 N w ♦• 250 240 001 900 s SCALE: 1"= 150' 930 20 w ?! 480 :i: 010 Is ;: ., SW 00TH ST '!:N'lfiJ SW BOT H 51· 010 170 080 740 . -015 771 Q.. 180 741 190 ;) 100 The Zoning Specialists Group, Inc. 000 5 Cl 7729 NW 146th Street Vl~H:l"TS Miami Lakes FL 33016 040 ~ 11( 040 Ph: (305)828-1210 www.thezoningspecialistsgroup.com Q'.,O 121 040 030 020 010 220 080 070 ACER OJMMERCIAL CENTER ,: 060 71n 23 ~rdr rniarni I public heoring notlficatiori services certified lis!s of property owners within a specific radius + radius maps + mailing icbefs + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com I 305.498.1614 January 25, 2023 City of South Miami Planning & Zoning 6130 Sunset Drive South Miami, FL 33143 Re: Property owners within 500 feet of: SUBJECT: 6448 South Dixie Highway, South Miami, FL 33143 FOLIO NUM BER: 09-4036-000-0500 I hereby certify that the attached notice was sent to all the property owners within 500' radius from the subject property (ies) on January 25, 2023 via First Class mail. 10 abutting or contiguous property owners, including those across the street, received the notice via Certified Mail, receipts attached. · Total number of property owners without repetition: 1 31 , i nc l ud i ng O inte rnati on a l State of: ~c{c:::._ t'\. County of: r=C a. ()"--(_ ~ lc:Z~ BEFORE ME: an officer duly authorized to take acknowledgments, on this 20-r-, day of ·r,;--n.uc-f Lj 1 '2{) 7,) , personally appeared U~WV'\Ci.. '12\£> who is perso na l!Y known to me or who has produced--------------~----as identification and who did take or did not take an oath, who executed the foregoing, and executed the same freely and voluntarily for the purposes therein expressed . ~~ cJL-P Q__:_ Notary Public Dated this ?-~ day of .-SCl..t\oc,. I] Commission Expires: /u---/0--JJ-,i):.)-'?:;) • .;:-•'":~~~.'rt);,., Mabel Rio Seal f;-' · A-l\ Co.mm_.# GG939791 ~-.~--~J Exptres. Dec . 15 , 2023 .,%·· --~-::..,-=-Bonded Thru .a.~m ... Notary ,,,,,,,';!°,~,\\'-'""' 1"'J VI I Rio Development Resources, LLC ("PDR") has used its best efforts in collecting /he information published in this report and the findings contained in the report are based solely and exclusively on information provided by you and information gathered from public records and that local government. By acceptance of this report, you agree to hold RDR harmless and indemnify RDR from any and all losses. damages. liabilities and expenses v1hich can be claimed against FWR caused by or related to this report. 24 II rdr miami I public hearing notification services certified lists of property owners within a specific radius+ radius maps+ mailing labels+ mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com I 305.498.1614 MAP OF ABUTTING PROPERTY OWNERS (N.T.S.) / ,I r ,- / ____ 1---------sw 81ST:_·=.ST-:....-.---,---.----- SUBJECT: 6448 South Dixie Highway, South Miami, FL 33143 FOLIO NUMBER: 09-4036-000-0500 SW80JHST 11 1------XI C ~ ,,.- I 25 ~ Bilzin Sumberg January 24, 2023 VIA CERTIFIED MAIUUSPS CONTIGUOUS PROPERTY OWNERS NEIGHBORS WITHIN 500 FOOT RADIUS Re: Notification of Application for Special Use (the "Application") 6448 S. Dixie Highway. South Miami . Florida (the "Property") Folio No.: 09-4036-000-0500 Dear Neighbor: Nicholas Noto Tel 305-350-2398 Fax 305-351-2125 nnoto@bilzin.com We write to you on behalf of Miami Veterinary Dermatology, LLC, (the "Applicant"), the prospective tenant of a portion of the property located at 6448 S Dixie Highway in South Miami (the "Property"). The Applicant has requested a Special Use approval from the City of South Miami (the "City"), in accordance with Section 20-5.8 of the City's Land Development Code ("LDC"), in order to operate a specialty, veterinary dermatology practice. Miami Veterinary Dermatology is owned and operated by Dr. Milagros "Millie" Rosales, who practices at several veterinary specialty centers in the South Florida area. Dr. Rosales is a board certified veterinary dermatologist, specializing in the care of animals with skin and ear disorders. Veterinary dermatologists have the extra training to recognize unusual dermatological conditions, that a general veterinarian may not be familiar with, and guide the pet owner to the most direct diagnostic plan and treatment. Since this is a specialty, veterinary dermatology practice, unlike emergency animal hospitals, emergency medical treatment is not typically rendered by Dr. Rosales, and the business is not expected to operate outside of its typical hours of 8:00 a.m. to 5 p.m., Monday to Friday, which is well within the City's allowed operation window for veterinary practices of between 7:00 a.m. and 9:00 p.m. Monday to Saturday. Should you have any questions or would like more information about the application, please contact me at (305) 350-2398. Sincerely, N~A. No=to- Nicholas A. Noto NN :NAN MIAMI 10136897.l 101604/303858 Bilzin Sumberg Baena Price & Axelrod LLP I 1'150 Brickell Avenue. 23rd Floor. l\-1iami. Florida 33131-3456 Tel 305.374.7580 I Fa.x 305.374.7593 [ bilzin.com 26 CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Board will hold a public hearing on Tuesdav, Februarv 14, 2023, at 7:00 p.m. to consider the following applications: , 1. PB-23-001 Applicant: Veterinary Dermatology, LLC A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITALNETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. so, /' 6520 y / / ' ,, / // 6510 / / ✓ / ,: 6486 ' 6492 / / / 6468 6474 6480 / SUBJECT PROPERTY / / 6462 6460 -. / 6456 / / / / / / o.J9J 7901 SW 80TH ST The hearing will be held at online and all Board members as well as City staff will participate by video conferencing at City Hall Commis ion CJrnmbers, 6130 unset Drive, South Miami, Florida 33143 or at remote locations through the Zoom platform, and members of the public may 27 join the meeting via either Zoom at (ht~11.~: '7 oon1. us /j 111566 ~£1.jJJD, by phone by calling+ 1-786- 635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiarnifJ.!!ov/580/Public-Meetings-Notices. The pending application and supporting documentation can be reviewed and copies obtained by contacting the City Clerk at 305-663-6340 or 305-663-6331. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 28 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the und e rsigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRE CT OR OF OPERATIONS , Legal Notices of the Miami Daily Bus iness Review f/k/a Miami Review, of Miami-Dade County . Florida; that the attached copy of advertisement , being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI -PUBLIC HEARING -PLANNING BOARD -FEB, 14 , 2023 in the XXXX Court , was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 02/03/2023 Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50, Florida ~ Sw to and subscribed before me this 3 day of FEBRUARY, A.D . 2023 (SEAL) GUILLERMO GARCIA personally known to me CITY OF SOUTH MIAMI, FLORIDA NOTICE OF PUBLIC HEARING Notice is hereby given that 1he Planning Board will hold a pubfl c hearing on Tuesday. Feb11.1al'{ 14, 2023, at 7:00 p.m. to consldgr the foll owing appl1Cc31ions: . 1. PB-23-001 Applicant ,Veteri nary Dermatology. LLC A RESOLUTION OF THE CITY CO MMISSION OF THE CITY OF SOUTH MIAMI, FlORIDA [GRANTING APPROVAL OF/D__ENYING] A SPECIAL use REQUEST l>UR~UANT TO SECTI_ONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITALNETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFOflCEMENT OF CONDmON,S; CORRECTIONS; ~EVERABll;IfY; AND AN EFFECTIVE DATE. 29 Crt~ oF So~ (vl,C\m·, 61 I Ill} aoa?> 2. PB-23-002 AppUcant Ci ty of South Miam!, Flortda {Commlssic;mer Josh Liebman) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING ~SECTIONS 20-8.2 DEFINITIONS , 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 "SPECIAL PROVISIONS,• 20-8.8 •PARKING," 20-8.9 'LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION," 20-8.10 "BONUS ALLOCATIONS," 20-8 .14 "STREET STANDARDS," ANO 20-8.17 'REGULATING PLAN -GRAPHIC " OF THE LANO DEVELOPMENT CODE, ANO CREATING A NEW SECTION 20-8:9.1 ~ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITH IN THE T ODD MU-M DISTRICT" OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQU IREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERf.LLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -MARKE'Tl (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION ; SEVERABIL/TY; AND All EFFECTIVE DATE. The hearing will be held at onll ne a.id aH Board members as wt:1 11 as City staff will ?Wticipate by vi deo conferem:ing al Cl Hall Commission C a be rs Jtf30 Sun set Drive outh Miam i Florida 33143 or at remote location s through the Zoom platf9!)1l, and members cf the pubJic-may jolri ttie. meeting via either Zoom at (https://zoom .us/J/305 6636338), by, phone by ,calllng +1-786-635-1003 and enterj~g Meeting ID : 30566$6338 whe n prompted , (Ir In person In tl)e Comm issio n Chambers , imd where their appearance Will be b(oadcast on the Zoom plaftorm , and whe re th !}y can 'participate . lf ,you desire to prese nt evfi;l_,ence -er yo u are l/n ab le to use Zoom, there are procedures-to follow an d olj,er optfons -available including a d edicated p hone One to lis ten and pasv ci pate In the meeting a nd limited public atfen dance, all of wh ich is set f orth in tha meetin g notic e post ed at ·c ity Hall and at hftp://www.south miamifl.qov/5$0/Pu blic-Meetings;Noti ces The pending application and supporting documentatlOJ1 can be reviewed and copies obtained by conracti ng the City Cleric at 305-6 63-6340 or 305-663-6331. ADA: To request a modification to a poUcy, pra ctice or procedure or to request an auxiliary aide or servfoe in orqe r \o participate in a City p rograJJl, activity or everit, you must on or before 4:00 ,p.m. 3 business days before the meeting (not counting the cjay of th e meeti ng) deli ver your request to the City Clerk by tel\lphone: 3J)5 -6ey3-634 0, by mal l at 6130 Su11se1 Dri ve, South Miami, Florid a or ern all at ri payne@so u~miarnifl.gov . 2/3 Nkenga A. Payne, CMG, FCRM City Clerk 23-114/0000644534M 1 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, February 14, 2023 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A -5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foresee ably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical in formation at public meetings, representatives of a neighborhood association without compensation and representatives of a not-for-profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city’s website (www.southmiamifl.gov). I. Call to Order Action: Mr. Miller called the meeting to order at 7:01 P.M. II. Roll Call Board Members Present Constituting a Quorum: Mr. Jay Miller (Chairperson), Mrs. Michelle Readon (Vice-Chairperson), Mr. Subrata Basu, Daniel Guerra, Daniel Rodriguez, Ms. Cristina Ortega. Board Members Absent: Ms. Guirla H. Dodard City Staff Present: Mr. Hank Flores (Planning Director), Mr. Alex David (Planning Consultant, Calvin Giordano, and Associates), and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Edward O. Martos, Esq. III. Administrative Matters 1. Vice Chair Elections Mr. Miller asked the Board for Vice-Chair nominations. Mr. Basu nominated Mrs. Michelle Readon as vice-chairperson of the Planning Board. Mrs. Readon accepted the nomination. The Board then voted on the nomination. 30 2 Motion: Mr. Rodriguez moved to appoint Mrs. Michelle Readon as Vice-Chairperson of the Planning Board. The motion was seconded by Mr. Basu. Vote: Yes 6, No 0 (None) Mr. Rodriguez: Yes Ms. Ortega: Yes Mr. Guerra: Yes Mr. Basu: Yes Mrs. Readon: Yes Mr. Miller: Yes The motion to appoint Mrs. Michelle Readon as Vice-Chairperson of the Planning Board passed unanimously. Mrs. Michelle Readon is the new Vice-Chairperson of the Planning Board. IV. Public Hearings: 1. PB-23-001 Applicant: Veterinary Dermatology, LLC A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. Applicant: Veterinary Dermatology, LLC represented by Dr. Milagros “Millie” Rosales (Owner), Nicholas Noto, Esq. (Attorney) and Javier F. Aviñó, Esq. (Attorney). Mr. Lightfoot read PB‐23-001 into the record and then presented the staff report for the item to the Board. Mr. Martos read a quasi-judicial hearing statement into the record. He then swore in the applicant and any individuals who spoke on the item. Mr. Martos then confirmed with City Staff that all of the public noticing requirements were satisfied. Last, Mr. Martos asked the members of the Board if they had any ex parte communications with the applicant or any member of the public to which all members stated no. Mr. Miller asked if the location was where the Ace Hardware was located, to which Mr. Lightfoot stated yes. Mr. Noto, on behalf of the applicant, presented the item to the Board. Mr. Noto then informed the Board that the owner, Dr. Rosales, has hired a contractor to address the soundproofing condition required by the Land Development Code (LDC). The Chairperson opened the floor to questions and/or comments from the Board. 31 3 Mr. Miller stated that he’s exciting that momentum is building for the inclusion of veterinary practices in the City. Mr. Miller then asked if the hours of operation that are listed in the application were being set out of an abundance due to the LDC requirement or for consistency with the other tenants in the plaza. Mr. Lightfoot explained to the Board that the conditions regarding hours of operation and the soundproofing come from the LDC, to which Mr. Noto agreed. Mrs. Readon asked if the applicant was familiar with any of the other veterinarians in the area to which Dr. Rosales stated yes. Mr. Miller asked if the business was relocating from somewhere else, to which Dr. Rosales stated yes. Dr. Rosales then explained that the location that she is currently renting is too small for her practice and she needs to expand. The Chairperson opened the floor to public comments on PB‐23-001. • None The Chairperson closed the floor to public comments on PB‐23-001. The Chair opened the floor to Board Discussion. No discussion on the item was held. Members of the Board then made a motion on the item. Motion: Mr. Basu moved to approve PB-23-001 as presented. The motion was seconded by Mr. Miller. Vote: Yes 6, No 0 (None) Mr. Rodriguez: Yes Ms. Ortega: Yes Mr. Guerra: Yes Mrs. Readon: Yes Mr. Basu: Yes Mr. Miller: Yes The motion to approve PB-23-001 was unanimously approved by the Board. Mr. Miller asked when the business would be open, to which Dr. Rosales stated that the business will hopefully be open by the end of the year. V. Public Comments/New Business The Chairperson opened the floor for public comments and any new business. Public Comments Section There were no Public Comments. 32 4 New Business Section There was no New Business. The Chairperson closed the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of December 13, 2022: Motion: Mr. Guerra moved to approve the meeting minutes. The motion was seconded by Mr. Rodriguez. Vote: Yes 5, No 0 (None), Abstained 1 (Ortega) Mr. Rodriguez: Yes Ms. Ortega: Abstained Mr. Guerra: Yes Mrs. Readon: Yes Mr. Basu: Yes Mr. Miller: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII. Future Meeting Date: March 14, 2023 VIII. Adjournment The meeting was adjourned at 8:08 P.M. 33 34 prepared by McLAUGHLIN ENGINEERING COMPANY (LB#285) 400 J. W. McLaughlin A VENUE (N.E 3rd A VENUE), FORT LAUDERDALE, FLOR/DA, 33301 PHONE (954) 763-761/ FAX (954) 763-76i5 GRAPHIC SCALE ,0 0 ~ 15 30 I_I ( IN FEET ) 1 inch = 30 60 fl. LEGEND ,1 ~ CENTRAL ANGLE (DEL TA) R ~ RADIUS ELEV. = ELEVA T/ON 0/S ~ OFFSET A/C ~ AIR COND/770/VINC 120 I A DR L ~ ARC LENGTN CH.BRO. ~ CHORD BEARING TAN.BRO. ~ TANGENT BEARING I);_ ~ CENTERLINE OF ,91GHT-OF-WAY P.D.C. ~ POINT OF COMMENCEMENT P O.B. = POINT OF BEG/NNING W/Mcl CAP. ~ WIT// MCLAUGHLIN ENGINEERING CO. CAP P.R.M. ~ PERMANENT REFERENCE MONUMENT CONC. = CONCRETE F.P.L. ~ FLORIDA POWER AND LIGHT CO. S.B. T. = SOUTHERN BELL TELEPHONE B.C.R. = BROWARD COUNTY RECORDS D.C.R. ~ DADE COUNTY RECORDS P.B.R. ~ PALM BEACH COUNTY REC0,9DS O.R. ~ OFFICIAL RECORDS BOOK PG. ~ PAGE CB.S. = CONCRETE, B L OCK AND STUCCO I. C. V ~ /RR/GA TION CONTROL VAL vZc W. M. ~ WA TER METER R/W ~ RIGHT-OF-WAY C. 0. ~ CLEAN OUT B.FP. ~ BACK FLOW PREVEN/OR CALC. = CALCULATED C.L.F ~ CHAIN LINK FENCE P.C.D. ~ POLLUTION CONTROL DEVICE DESC. ~ DESCRIPTION 0 ~ NUMBER OF PARKING SPACES D.B.H. ~ DIAMETER BREAST HEIGHT TITLE NOTES: There are no other Easements, Road Reservations or Rights-of-Way of Record per North American T1t/e Insurance Company Commitment File .No. 1100.192, dated June 3rd, 2013 at 8.-00 A.M. 9) Easement per O.R. Book 16702, Poge 192 Miomi-Dade County Records, affects this property as shown. 10) Agreement per 0./?. Book 21410, Page 1444 Miami-Dade County Records, Broward County, Florido, affects thls property (nothing plottoble) NOTES: 7) Th/s survey reflects all easements and rights-of-way, as shown on above referericed record plat{s). The subject property was not abstracted for other easements road reservations or rights-of-way af record by Mcloughlin Engineering Company 2) Underground improvements if any not located 3) This drawing is not valid unless sealed with an embossed surveyors seal. 4) Boundary survey information does not infer Tltie or Ownership. 5) All iron rods 5/8~ unless otherwise noted 6) Re.ference Bench Mark: Miami-Dade Co'.Jnly Benchmark Number 5-269-.1?1979, Elevation 9.10 (NGVD29) 7) E!evoti"ons shown refer to Na{i"onol Geodetic Vertical Datum {1929), ore indiGa{ed thu~;: O 21 t , Elev. = 10. 62 I . 8) This property lies ln Flood Zone "X~ Elev. =N/A, Per Flood and lnsurancf'J Rate Mop No. 12086C0454 L, Dated: September 11, 2009. Community Panel No. 120658, Index Map Dated· September 11, 2009. 9) Bearings shown hereon refer to assume the Southerly Right-of-Way line of South Di"xie Highway (U.S. #1) as North 50"08 '00 " East. / (PWNTOFCOMMENCEMENT inters ection of East R/W line, U.S. #1 & south line S.E i/4, 5. W. 1/4, N. W. Section 36-54-40 OFFICE NOTES FIELD BOOK NO. TOS w/Worksheets, Print, LB# 318/41 ----------~---------- JOB ORDE/? NO. U-8201, V0555 --------------------- CHECK ED BY.· ______________________ _ Dl?AWN B'f.-Ol?P, KT C:\KTORCE L\2015\V0555.dwg, 24x36, 7/27/2015 11:28:42 AM 1/4, S89"40'45"W A po:m,rti:ion ol the 110«[;--'tion 38g !!.1!.11own.51b.ip &'I: &outhg :ttansre '1:0 Bast . l'~ ___ S._u_ns_el_D_riv_e ----'-~-o_ad_9_~~) ___ ~1L P.ljjfv;a -:11 -~'"1•14'~'11o.l -...-r]!"l-.-1]!0 i ~~ !!:I ¥/ g,~ gg, ~IIL,llil!a ~~IL:.a~i!:al!a~=.a TREE SYMBOLS Mi~-t-m:.i ... Da«e County g Plo•i«a .,------IND/CA TES DIAMETER± ~ 8" OAK TREE PALM TREE UNKNOWN TREE A CREA GE 303.25' (D.B.H) FOUND ¾ ~IRON ROD W/Mcl. CAP Noo•z7'3o"w ,, '"·" lf:e!Li. 2.3"W. 23. 54 '(Desc.)-- 23. 40'(Calc.) FOUND%" IRON ROD 0.12'W 0 FUCHS PARK FILE NO . .-13-3-039 BUf!.fllNG COiiffER r9.S'II' ,t-0.03'N. . , o-' '{', -<>. ~~<' < 0 ~r~ ~ ~~~~­L o t 4 ~ 7 THIS SURVEY Street (Davis Location Map Not To Scale Legal Description Road) A portion of the S.E¾ of the 5. W.¾ in Section 36, Township 54 South, Range 40 East, Dade County. Florida being more particularly described as follows: Commence of the intersection of the Easterly "' right -of-way line of U.S. Highway ,{fl and the "' South line of the S.E¾ of the 5. W.¾ of the I N. W¾ of said Section 36; thence run North I ~ ( ~gft~~~:aa;~,i~~o~'j ih; ~~:,::~st;;'~or 416.96 ~ ,;:-feet to the Paint of Beginning of the parcel of -.-----------------------------~ -1 '1~ land hereinafter described; thence continue North ~ _ _ ___ ___ ___ __2 _ I '.ij' 50'08'00" East.along said Southeasterly I\ ~ S89'.36'0J"W 193.41 ' °" nght-of-way !me of U.S. Highway ,{fl for 150.00 I I feet; thence run South 39'52'00" Eas t al a right I angle to the fast described course for I 95. 00 feet; thence run North 50'08'00" East parallel to I said Southeasterly right-of-way line of U.S. REVISED PlA T OF TRACT 'A" Highway #1 for 20.65 feet; thence run South I SOUTHGATE CENTER 39'/9'00" East for 41. 75 feet; thence run South (P.B.65, PG. 35, D.C.R.) ~ 50"4/'00" West for 6.05 feet; thence run South I ~ oo·os'oo" West along o line poro/le/ with 15 feet L O t 3 West of the East line of the said S.E¾ of /he I 5. W. ½ of the N. W J{ of Section 36 for ! 52. 80 feet "' 589:36'0J"W iF89-:Z8'0J" R~25.00' A -39.0/ 1 L o t 2 143.61' 35' Can a 1 S89'.36'0J''W LF89'27'14" / R=25.0{/ 1 A-39.0J' / 148.59' South 89'32'30" West along /he North right-of-way line of Davis Road, said line ber:ng 35 feet North of and para/lei with the South line of said S.E¾ of the 5. W.¾ of the N. W¾ of Section 36 for 252. 00 feet; thence run North 00'27'30" Wes/ at right angie to the lost descnbed course for 23.54 leet,· thence run North 50'08'00" East parallel to said Southeasterly right-of-way of U.S. Highway #1 for 113.38 feet; thence run North 39'52'00" West for 175.00 feel to the Paint of Beginning. Said land situate, lying and being in the City of Soulh Miami, Miami-Dode County. Florida end containing 56,969 square feel or 1.3078 acres, more or less. AL TAIACSM CERT/FICA TION T~is is lo certify /hat !his mop end the survey on which it is based were made in accordance with /he 20!1 Minknum 5/ondard De/at! Requirements for AL TA/ACSM Land Title Surveys jointly established and adopted by AL TA and NSPS. The undersigned further certifies that this sur•1ey tneets the Minimurn Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-l 7.05, Florida Administrative Code, pursuant lo Section 472.027, Florida Statutes. 1-~ ~ i::: -~ Date of last .field work May 22, 2D/3. 1~ ~ ~ \..) I I ~ I L o t 173.JJ' 248.34' 1 Certified To: HRH Family Associates LLC, a Florida limited /iob11/ily company City National Bonk of Florida Weisburd, Eisen & Possent,; P.A . First American Title Insurance Cornpany CERT/FICA TION We hereby certify that this survey rneets the "Standards of Practice" as set forth by the Florida Board of Professional Surveyors and Mappers in Chop/er 5J-!7.05 Florido Administrative Code, pursuant lo Section 472. 027, Florida Statutes . Dated al Fort Lauderdale, Florida, this 22nd day of May, Revised Title Notes thi:s 29th day of August, 2 013. Resurveyed this 27th day of July, 2075. 2013. i Registered La. d Surveyor No. 5269 State of Florido. A1.0 REVISIONS:FLOOR PLANDATE: January 6, 2023 FOR REVIEWMIAMI VET. DERM.MIAMIFLORIDAFLOOR PLAN 1/4" = 1'-0" 05 5 ADA UNISEX E G R E S S C O R R I D O RLOBBY 000 LOCKERS CALL CTR. 000 EXAM RM 1 000 EXAM RM 2 000 EXAM RM 3 000 STOR 000 REF. TECH ST. PHARM. 000 AUTOCLAVE LAB 000 TREATMENT 000 OFFICE 0007'-2 1/2"6'-5 3/4"MICRO SCOPE REF.DEEP WETMOBILE GURNEYW/D RUN RUN RUN 11'-8 9/16"10'-3 3/4"11'-2"3'-9 5/16"7'-6 1/16"9'-0 1/2"10'-7"14'-7 3/8" 6'-5 7/8"10'-5 13/16"10'-2 1/8"6'-9 7/16"12'-6 1/8"18'-10 1/2"5'-1 5/16"3'-8"18'-2"TOILET RM. 000 COMFORT RM. 000 CAGES 35 36 MIAMI-DADE STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared ROSANA SALGADO , who on oath says lhal he or she is the LEGAL CLERK , Legal Notices of lhe Miami Daily Bus iness Review Ilk/a Miami Rev iew , of Miami-Dade County , Florida ; that the attached copy ol ad,iertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI· PUBLIC HEARING· MAR . 7, 2023 in the XXXX Court , was published in a newspaper by print in the issues of Miam i Daily Business Review f/k/a Miami Review on 02/24/2023 Affiant further says that th e newspaper complies with all legal requirements for publication in chapter 50 , Florida Statutes. "EAL) ROSANA SALGADO personallv l,nn,.,n •- CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesda March 7 2023 t 7:00 .m. to consider the following public hearing item(s): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE l:AND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. 37 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 24-22-2445 WHICH ADOPTED THE FISCAL YEAR 2022-2023 BUDGET BY (1) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE PARKS AND RECREATION FACILITIES IMPACT FEE FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 117-2000-572-6440 CAPITAL IMPROVEMENT, ANO \2) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE STORMWATER DRAIN TRU.ST FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 111-1730-541-6490 CONSTRUCTION PROJECTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 EFINITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 "SPECIAL PROVISIONS," 20-8.8 "PARKING," 20-8.9 "LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION," 20-a.10 "BONUS ALLOCATIONS," 20-8 .14 "STREET STANDARDS," 20-a.16 "UNITY OF TITLE REQUIRED," AND 20-8.17 "REGULATING PLAN -GRAPHIC" OF THE LANO DEVELOPMENT COE>E, AND CREATING A NEW SECTION 20-8.9 .1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU-M 'DISTRIGT" OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE .· The hearing will be held at c· Hall Commisslon Chambers 6130 Sunset Drive South Miami, Florida 33143 Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at htt s://zoom.us/' 3056636338), by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk 's Office at: 305-663-6340. Pursuant to Section 286 .0105, Fla. Stat., the City hereby advises the publlc that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made , which record includes the testimony and evidence-upon which the appeal is to be based . This notice does no constiMe consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day-of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov . 2/24 Nkenga A. Payne, CMC, FCRM City Gier!< 23-85/0000648577M 8SE ...................................................................................................NEIGHBORSSUNDAYFEBRUARY 26 2023 38 .-II Public Hearing MIAMI-DADECOUNTY COMMUNITY ZONING APPEALS BOARD 10 Will hold a public hearing on the following zoning applications on March 21, 2023, at 6:30p.m. at Westchester Regional Library, 9445 Coral Way, Miami, FL THIS IS AN IN-PERSON MEETING APPLICANT: CN 86 Flagler, LLC. 22022000061 The application is to permit a rezoning of the northern parcel (parcel A) from EU-M (residential use) to RU-SA (semi-professional office use) in order to develop the parcel with an office building . Additionally, the application seeks approval of ancillary non- use variances to permit the proposed building to be located closer to the front and interior side property lines, to permit more lot coverage then permitted by code a reduction of the required parking spaces, to permit less open space than required and to waive the required wall along the interior side and rear property lines. 1. District Boundary Change from EU-M (Estate Mod ified District) to RU-SA (Semi- Professional Office District). 2 . NON-USE VARIANCE to permit the proposed office building to setback a minimum of 23'-3" (25'-0" required) from the front (north) property line and to setback 9 '-0" (15'-0" required) from the interior side (east and west) property lines . 3 . NON-USE VARIANCE to permit a lot coverage of 59% (40% maximum permitted). 4 . NON-USE VARIANCE to permit for 22% of open space ( 25% open space required). 5 . NON-USE VARIANCE of zoning regulations requiring a decorative wall at least five (5) feet in height along the rear and interior side property lines; to waive same . 6 . NON-USE VARIANCE of zoning regulations requiring a landscape buffer between dissimilar land uses along the rear property line; to waive same . 7 . NON-USE VARIANCE to permit a build height of 32' (24 ' maximum). 8 . NON-USE VARIANCE to permit 59 parking spaces (69 parking spaces required). Plans are on file and may be examined in the Department of Regulatory and Economic Resources, entitled "One Health Medical-Flagler Center'' as prepared by "Archcube Architectural Design dated and stamped 11/14/2022 consisting of Nine (9) sheets . Plans may be modified at public hearing . LOCATION: 8616 W Flagler Street, Miami-Dade County, FL SIZE OF PROPERTY: 1.54 Acres APPLICANT: JOSE M. REQUEJO 22022000095 The application is to allow two separate buildings to be used as a single-family residence and to the allow the building at the rear of the property to locate closer to the rear and interior side property lines than required by Code. (1) UNUSUAL USE to permit an existing/proposed complex of buildings to be used as a single-family residence . (2) NON-USE VARIANCE to permit the single-family residence setback 5'-7" (15 '-0" required for 50% of the lineal footage of the entire width of the house and 25'-0" required for the balance) from the rear (east) property line Plans are on file and may be examined in the Department of Regulatory and Economic Resources, entitled "SiteplanV3", as prepared by J .M Requejo Architect, Dated Stamped received 12/16/2022 consisting of one (1) sheet, "FloorplanV2", as prepared by J .M Requejo Architect, Dated Stamped received 9/29/2022 consisting of one (1) sheet and "Building Elevations V2, as prepared by J.M Requejo Architect, Dated Stamped received 9/29/2022 consisting of one (1) sheet for a total of three (3) sheets . Plans may be modified at public hearing . LOCATION: 2901 SW 102Avenue, Miami-Dade County, FL SIZE OF PROPERTY: 0 .389 Acre This is an in-person meeting. Interested parties may appear in person to participate. For inquiries regarding virtual access, please call (786) 414- 2600, e-mail ZONINGmeetings@miamidade.gov, or visit our website at: https://www.miamidade.gov/zoning/community-council-1 O.asp For legal ads online, go to http://legalads.miamidade.gov CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday_, March 7, 2023, at 7:00 p.m. to consider the following public hearing item(s): A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A VARIANCE APPLICATION PURSUANT TO SECTION 4-2(a)(6) OF THE CODE OF ORDINANCES TO PERMIT A RESTAURANT WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 4000 SW 57 AVENUE TO SELL ALCOHOLIC BEVERAGES WITHIN 500 FEET OF RESIDENTIAL PROPERTIES; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA [GRANTING APPROVAL OF/DENYING] A SPECIAL USE REQUEST PURSUANT TO SECTIONS 20-3.3 AND 20-5.8 OF THE LAND DEVELOPMENT CODE TO PERMIT AN ANIMAL HOSPITAL/ VETERINARIAN WITHIN THE GENERAL RETAIL (GR) ZONING DISTRICT ON PROPERTY LOCATED AT 6448 SOUTH DIXIE HIGHWAY; PROVIDING FOR CONDITIONS; ENFORCEMENT OF CONDITIONS; CORRECTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING ORDINANCE NO. 24-22-2445 WHICH ADOPTED THE FISCAL YEAR 2022-2023 BUDGET BY (1) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE PARKS AND RECREATION FACILITIES IMPACT FEE FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 117-2000-572-6440 CAPITAL IMPROVEMENT, AND (2) APPROPRIATING UNRESTRICTED, UNRESERVED FUNDS FROM THE STORMWATER DRAIN TRUST FUND AND ALLOCATING SUCH FUNDS TO EXPENDITURE LINE ITEM 111-1730-541-6490 CONSTRUCTION PROJECTS; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AMENDING SECTIONS 20-8.2 DEFINITIONS, 20-8.3 CREATION OF TODD SUBCATEGORIES, 20-8.6 "SPECIAL PROVISIONS;' 20-8.8 "PARKING;' 20-8.9 "LARGE-SCALE DEVELOPMENT SPECIAL EXCEPTION;' 20-8.10 "BONUS ALLOCATIONS;' 20-8.14 "STREET STANDARDS;' 20-8.16 "UNITY OF TITLE REQUIRED;' AND 20-8 .17 "REGULATING PLAN -GRAPHIC" OF THE LAND DEVELOPMENT CODE, AND CREATING A NEW SECTION 20-8 .9.1 "ADMINISTRATIVE APPROVAL OF MINOR MODIFICATIONS TO AN APPROVED DEVELOPMENT WITHIN THE TODD MU -M DISTRICT" OF THE LAND DEVELOPMENT CODE, ALL TO MODIFY REQUIREMENTS FOR DEVELOPMENT WITHIN THE TRANSIT ORIENTED DISTRICT (TODD) GENERALLY AND WITHIN THE TRANSIT ORIENTED DEVELOPMENT DISTRICT (MIXED USE -MARKET) (TODD-MUM); PROVIDING FOR CORRECTIONS; CODIFICATION; SEVERABILITY; CONFLICTS; AND AN EFFECTIVE DATE. The hearing will be held at City Hall Commission Chambers, 6130 Sunset Drive, South Miami, Florida 33143 . Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338), by phone by calling +l-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or in person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. All interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340 . Pursuant to Section 286.0105, Fla . Stat., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based . This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. ADA : To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, yo u must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone : 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne , CMC, FCRM City Clerk