5THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
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
SUBJECT:
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A Resolution amending Section 1 of Resolution No. 016-16-14571 to extend the expiration of
the Special Use approval for an Animal Hospital/Veterinarian at 6396 S. Dixie Highway.
BACKGROUND:
Resolution No. 016":16-14571 was approved on January 19, 2016 granting a Special Use
approval for an animal hospital/veterinarian at 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. The Applicant encountered
unexpected delays in preparing the construction plans for the improvements needed to
implement the Special Use. Furthermore, it appears that the Applicant was never specifically
informed that the approval would lapse ifthe permit wasn't issued.
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.
Attachments:
• Draft Resolution
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RESOLUTION NO. _______ _
A Resolution amending Section 1 of Resolution No. 016-16-14571 to extend the
expiration of the Special Use approval for an Animal Hospital/Veterinarian at 6396
S. Dixie Highway.
7 WHEREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the Applicant,
8 Southeast Veterinary Referral Center, submitted Application PB-1s-040 to the Planning Board
9 requesting a Special Use Approval to operate an animal hospital/veterinarian at 6396 S. Dixie Highway;
10 and
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12 WHEREAS, the City Commission unanimously approved Resolution No. 016-16-14571 on January
13 19, 2016 granting the Special Use application subject to the requirements set forth in LDC Section 20-
14 3.4(B)(21):
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All such uses shall be located within a fully enclosed, air-conditioned, soundproof
structure.
There shall be no overnight boarding of animals except for medical purposes.
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;
22 and the following conditions:
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Adhere to Section 20-4.4(B)(12) of the LOC. The parking condition for an animal hospital
or veterinary use is one (1) parking space per four hundred (400) square feet of gross
floor area.
Adhere to the Special Conditions applicable in Section 20-3.4(B)(21) Animal
Hospital/Veterinarian and Section 20-5.8 Special Use Approval of the Land Development
Code, listed.
Any and all exterior renovations or modifications for the new establishment are subject
to approval by the ERPB.
If the subject animal hospital/veterinarian is determined by the Planning and Zoning
Director in the future, to be adversely affecting the health or safety of persons residing
orworking in the vicinity of the proposed use, or to be detrimental to the public welfare
or property or improvements in the neighborhood, or not be 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; and
39 WHEREAS, Section 20-s.8(C) of the LDC provides that Special Use Approvals "shalilapse after six
40 (6) months if no master building permit which implements the special use or certificate of occupancy
41 has been issued for such use"; and
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43 WHEREAS, Section 20-s.8(C) of the LDC allows for a period greater than six (6) months to obtain
44 a master building permit for good cause; and
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46 WHEREAS, the Applicant encountered unexpected delays in preparing the construction plans for
47 the improvements needed to implement the Special Use; and
48 WHEREAS, it appears that the Applicant was never specifically informed that the Special Use
49 Approval would lapse if a building permit or certificate of occupancy wasn't issued; and
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51 WHEREAS, the Applicant is now ready to obtain a building permit for improvements to the
52 property that will implement the Special Use; and
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54 WHEREAS, the City Commission desires to amend the Special Use Approval for the animal
55 hospital/veterinarian and to amend the expiration date.
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57 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
58 SOUTH MIAMI, FLORIDA:
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60 Section 1. The applicant has shown good cause for extending the time to obtain a master
61 building permit and therefore Section 1 of Resolution No. 016-16-14571 granting a Special Use Approval
62 for an animal hospital/veterinarian at 6396 S. Dixie Highway is hereby amended to read as follows:
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64 Section 1: Special Use Application (PB-15-040) submitted by applicant Southeast
65 Veterinary Referral Center for an animal hospital/veterinarian at 6396 S. Dixie Highway, within
66 the General Retail "GR" zoning district is hereby approved subject to the following terms and
67 conditions as well as all applicable City ordinances, codes, rules and regulations:
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69 1. Adhere to Section 20-4.4(B)(12) of the LDC. The parking condition for an animal
70 hospital or veterinary use is one (1) parking space per four hundred (400) square feet of gross
71 floor area.
72 2. Adhere to the Special Conditions applicable in Section 20-3.4(B)(21) Animal
73 Hospital/Veterinarian and Section 20-5.8 Special Use Approval of the Land
74 Development Code, listed.
75 3. Any and all exterior renovations or modifications for the new establishment are
76 subject to approval by the ERPB
77 4. If the subject animal hospital/veterinarian is determined by the Planning and Zoning
78 Director in the future, to be adversely affecting the health or safety of persons residing or
79 working in the vicinity 'of the proposed use, or to be detrimental to the public welfare or
80 property or improvements in the neighborhood, or not be in compliance with other applicable
81 Code provisions, the special use approval may be modified or revoked by the City Commission
82 upon notification and a public hearing.
83 5. This Special Use Approval shall expire on June 3, 2017.
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85 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any
86 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
87 the validity of the remaining portions of this resolution.
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89 Section 3. Effective Date. This resolution shall become effective immediately upon adoption by
90 vote of the City Commission.
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PASSED AND ADOPTED this ______ day of _______ -', 2017.
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95 ATIEST: APPROVED:
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100 CITY CLERK MAYOR
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102 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
103 LANGUAGE, LEGALITY AND Mayor Stoddard:
104 EXECUTION THEREOF Vice-Mayor Welsh:
105 Commissioner Edmond:
106 Commissioner Harris:
107 CITY ATIORNEY Commissioner Liebman:
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