Res No 005-17-14806RESOLUTION NO.005-17-14806
A Resolution amending Section 1 of Resolution No.016-16-14571 to extend the
expiration of the SpecialUse approval foran Animal Hospital/Veterinarian at 6396
S.Dixie Highway.
WHEREAS,pursuant to Section 20-3.4 of the Land Development Code (LDC),the Applicant,
Southeast Veterinary Referral Center,submitted Application PB-15-040 to the Planning Board
requesting aSpecialUse Approval to operate an animal hospital/veterinarian at 6396 S.DixieHighway;
and
WHEREAS,the City Commission unanimously approved Resolution No.016-16-14571 on January
19,2016 granting the Special Use application subject to the requirements set forth in LDC Section 20-
3.4(B)(21):
i.All such uses shall be located within afully 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 willbe 7:00 a.m.to 9:00 p.m.Monday
through Saturday;hours of operation shall not prevent emergency medical treatment;
and the following conditions:
1.Adhere to Section 20-4.4(B)(12)of the LDC.The parking condition foran animal hospital
or veterinary use is one (1)parking space per four hundred (400)square feet of gross
floor area.
2.Adhere to the Special Conditions applicable in Section 20-3.4(B)(21)Animal
Hospital/Veterinarian andSection20-5.8SpecialUseApprovalof the Land Development
Code,listed.
3.Any and all exterior renovations or modifications for the new establishment are subject
to approval by the ERPB.
4.If the subject animal hospital/veterinarian is determined by the PlanningandZoning
Director in the future,tobe adversely affecting the health or safety of persons residing
or working in the vicinityof the proposed use,or to be detrimental to the public welfare
or property or improvements in the neighborhood,or not bein compliance with other
applicable Codeprovisions,the specialuse approval maybemodifiedorrevokedby the
City Commission upon notification and public hearing;and
WHEREAS,Section20-5.8(C)of the LDC provides that SpecialUse-Approvals"shalllapse after six
(6)monthsifnomaster building permit which implementsthespecialuseorcertificateof occupancy
has been issued for such use";and
WHEREAS,Section 20-5.8(C)of the LDC allowsfora period greater than six(6)months to obtain
a master building permit for good cause;and
WHEREAS,the Applicant encountered unexpected delaysin preparing the construction plansfor
the improvements needed to implement the SpecialUse;and
Pg.2 of Res.No.005-17-14806
WHEREAS,it appears that the Applicant was never specifically informed that the SpecialUse
Approval would lapse ifa building permit or certificate of occupancy wasn't issued;and
WHEREAS,the Applicant is now ready to obtain a building permit for improvements to the
property that will implement the Special Use;and
WHEREAS,the City Commission desires to amend the Special Use Approval for the animal
hospital/veterinarian and to amend the expiration date.
NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OFTHECITYOF
SOUTH MIAMI,FLORIDA:
Section 1.The applicant has shown good cause for extending the time to obtain a master
building permit and therefore Section 1of Resolution No.016-16-14571 granting aSpecialUse Approval
foran animal hospital/veterinarian at 6396S.Dixie Highwayis hereby amended to read asfollows:
Section 1:Special Use Application (PB-15-040)submitted by applicant Southeast
Veterinary Referral Center forananimal hospital /veterinarian at 6396 S.DixieHighway,within
the General Retail "GR"zoning district is hereby approved subject to the following terms and
conditions aswellasall applicable City ordinances,codes,rules and regulations:
1.Adhere to Section 20-4.4(B)(12)of the LDC.The parking condition for an animal
hospital or veterinary useis one (1)parking space per four hundred (400)square feet of gross
floor area.
2.Adhere to the Special Conditions applicable in Section 20-3.4(B)(21)Animal
Hospital/Veterinarian andSection20-5.8SpecialUseApprovalof the Land
Development Code,listed.
3.Any and all exterior renovations or modifications for the new establishment are
subject to approval by the ERPB
4.If the subject animalhospital/veterinarian is determined by the PlanningandZoning
Directorin the future,tobe adversely affecting the health or safety of persons residingor
workingin the vicinityof the proposed use,ortobe detrimental to the public welfare or
property or improvements in the neighborhood,ornotbein compliance with other applicable
Codeprovisions,the specialuseapprovalmaybemodifiedorrevokedby the CityCommission
upon notification and apublic hearing.
5.ThisSpecialUse Approval shall expire on June 3,2017.
Section 2.Severability.Ifany section,clause,sentence,or phrase ofthis resolution isforany
reasonheld invalid or unconstitutional byacourtof competent jurisdiction,the holdingshallnotaffect
the validityof the remaining portions of this resolution.
Section 3.EffectiveDate.Thisresolutionshallbecomeeffectiveimmediatelyupon adoption by
vote of the City Commission.
PASSED AND ADOPTED this 17th dayof January ,2017.
Pg.3 of Res.No.005-17-14806
ATTEST:APPROVED:
COMMISSION VOTE:
Mayor Stoddard:
Vice-Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
Commissioner Liebman:
4-1
Yea
Yea
Yea
Yea
Nay
(nf I CITY OF SOUTH MIAMI
Soi jthrhA\<\mi 0FFICE 0F THE CITY manager^^Jfi^w"INTER-OFFICE MEMORANDUM
To:The Honorable Mayor &Members of the City Commission
Via:Steven Alexander,City Manager
From:Jane K.Tompkins,Planning and Zoning Director
Date:January 17,2017 5
Subject:
A Resolution amending Section 1 of Resolution No.016-16-14571 to extend the expiration of
the Special Use approval for anAnimal Hospital/Veterinarian at 6396 S.DixieHighway.
Background:
Resolution No.016-16-14571 was approved on January 19,2016 granting a Special Use
approval foran animal hospital/veterinarian at 6396 S.Dixie Highway.TheLand Development
Code (LDC)provides that SpecialUseapprovals"shalllapse after six(6)months ifno master
building permit which implements the specialuseor certificate of occupancy has been issued
forsuchuse"(Section 20-5.8(C)).However,that sectionalso provides foraperiod greater than
six(6)months to obtain abuilding permit forgood cause.TheApplicant encountered
unexpected delaysin preparing the construction plansfor the improvements needed to
implement the SpecialUse.Furthermore,it appears that theApplicantwas never specifically
informed that the approval would lapse if the permit wasn't issued.
Request:
Staff requests that the Commission approve the resolution.
Analysis:
Thedelayin obtaining the building permit needed to implement the SpecialUseisgoodcause
for extending the Special Use approval.
Attachments:
•Draft Resolution