9Sout~iami
TI I E CITY OF PLEASAN T LI VING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
MEMORANDUM
To : The Honorable Mayor & Members of the City Commission
VIA: STEVEN ALEXANDER, CITY MANAGER
FROM: Dwayne Williams, Planning Director
DATE: October 14, 2015
SUBIECT:
A Resolution of the Mayor and City Commission of the City of South Miami
pursuant to Section 20-3.5(D)(1) and other applicable provisions of the City of
South Miami Land Development Code approving an increase from two stories to
four stories on property for the Madison Square affordable housing project.
BACKGROUND:
The applicant, is requesting approval via the special use review process to
increase the height of the Madison Square Mixed Use Development Project from
two (2) stories to a maximum height of three (3) stories and (4) stories; but with
the design objectives that are sensitive to existing single family residential units
in the area.
The design objects will establish various heights throughout the site area, but
as the development nears single family districts the development heights will
step down to (2) stories to match the heights of those residential areas. This
will greatly reduce the impact of solar access from being blocked and will create
an aesthetic break of fa~ade walls along the sidewalk at ground level for
pedestrians.
Also the sensitivity to height and massing will create the sense of openness
within the interior of the property adjacent to single family residential areas,
while allowing the building envelope to reach a height of four stories along SW
64th Street.
ANALYSIS:
The present SR Specialty Retail zoning district allows the development to
increase its height up to 4-stories. However, because the proposed project
area abuts single family zoning districts, the SR zoning designation that is
applied to this project must adhere to the regulations listed in Section 20-
3.5(D)(1) of the Land Development Code:
Properties Abuttinq Sinqle-FamilvZoninq Districts.
Notwithstanding the dimensional requirements of the zoning use
district in which a property is located, if that property is abutting • (common border or separated by a right-of-way) to a single-
family zoning district the maximum height of any new building Jr
any vertical addition to an existing building on that property is
limited to two stories, however, additional height may be
obtained via the special use permit process as set forth in
Section 20-5.8.
Under the regulations of the special use process that are listed under Section
20-5.8 of the Land Development Code, approval may be granted after city
commission public hearing, the city commission will determine the overall
compatibility of the additional height with the surrounding neighborhood.
The overall purpose of going through the special use review process is to
determine the .compatibility of the proposed use with the surrounding
neighborhood. A special use must comply with the conditions set forth in
Section 20-5.8(B) in that the use:
1. Will not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use;
2. Will not be detrimental to the public welfare or property or
improvements in the neighborhood; and,
3. Complies with all other applicable Code provisions.
Staff has completed an analysis of the development site in regards to the
criteria needed for approval below:
• The proposed site location does boarder a single family zoning district,
but the land uses within the single family zoning district is a mix of land
uses including commercial, duplex, multifamily and religious
structures on all sides of the project.
• The mix of land uses is compatible with the proposed development.
• The location of the development along SW 64th Street; which is a
collector roadway and has a median with tress provides a natural view
buffer for the additional floor being requested.
• The approval of the special use will utilize a step down in building heights
to a 2-story which is in harmony with the adjacent single family residential
uses (see attached map).
PLANNING BOARD ACTION:
At the September 29, 2015 public hearing the Planning Board recommended
approval to the Commissioners with a vote of 6 to 1 with the condition that the
development establishes various heights from four story along SW 64th Street
and stepping the heights down to three story as the development builds out to
the south, and as the development continues south and nears single family
homes the development heights will step down to (2) stories to match the
heights of those residential areas.
ATTACHMENTS:
Application
Abutting Land Use Map
Zoning Map
LDC Sec. 20-3.5(0) 1
Copy of Public Notice
Draft Resolution
I
2
3
4
5
6
7
8
Resolution No.'--_____ _
A Resolution of the Mayor and City Commission of the City of South Miami
pursuant to Section 20-3.5(D)(1) and other applicable provisions of the City of South
Miami Land Development Code approving an increase from two stories to four
stories on property for the Madison Square affordable housing project.
9 WHEREAS, the Madison Square affordable housing project is located in
10 the Specialty Retail (SR) zoning district; and
II
12 WHEREAS, the Specialty Retail (SR) zoning district allows mixed use projects up to 4-
13 stories in height; and
14
15
16
WHEREAS, the proposed project area abuts single-family zoning districts; and
17 WHEREAS, Section 20-3.5(D)(I) of the City's Land Development Code requires that
18 any development that abuts a single-family zoning district must not exceed 2-stories in hcight but that
19 additional project height may be obtained via the Special Use approval process as set forth in
20 Section 20-5.8, the pertinent parts of which are as follows:
21
22
23
24
25
26
27
28
29
30
31
32
33
34
20-5.8 -Special use approvals.
* * *
(B) Required Conditions.
(I)Prior to approving a special use, the city commission shall find that it:
(a) Will not adversely affect the health or safety of persons residing or
working in the vicinity ofthe proposed use;
(b) Will not be detrimental to the public welfare or property or
improvements in the neighborhood; and
(c) Complies with all other applicable Code provisions.
(2)Additional Conditions. The city commission may designate such additional
conditions in connection with a special use as will, in its opinion; assure that
such use will conform to the foregoing requirements.
35 WHEREAS, at the September 29, 2015 Planning Board meeting, PB-15-020 Madison
36 Square Development Special Use resolution was reviewed and the Planning Board
37 recommended approval ofthe Special Use by a vote of 6 to 1 with conditions; and
38
39 WHEREAS, the Planning Board recommended that the Madison Square Development
40 should establishes various heights from four story along SW 64'h Street and stepping the heights
41 down to three story as the development builds out to the south, and as the development continues
42 south and nears single-family zoning district the development heights will step down to (2)
43 stories to match the heights of those residential areas.
44
45
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
2 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
3
4 Section 1: The recitals set forth in this resolution are true, they are supported by
5 competent substantial evidence and they are incorporated into this resolution by reference.
6
7 Section 2: The Madison Square affordable housing project application to allow a height
8 greater than two (2) stories where the Madison Square Project abuts a single-family zoning
9 district is hereby approved, provided that a maximum height offoUl' (4) stories shall be limited to
10 the structure that abuts SW 64th Street and it shall step down to a maximum height of two (2)
11 stories where it comes within feet any single-family zoning district, other than that which
12 it abuts on SW 64th Street. In light of the delays that may ensue due to the developer's quest for
13 financing such as tax credits, grants and other subsidies and due to the need for affordable
14 housing and, more particularly, this particular project, this Special Use approval shall expire no
15 earlier than _____ _
16
17 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
18 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
19 not affect the validity of the remaining portions of this resolution.
20
21 Section 4. Effective Date. This resolution shall become effective immediately upon
22 adoption by vote of the City Commission.
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27
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29
30
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37
PASSED AND ADOPTED this ___ day of, _______ , 2015.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor: Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
City of South Miami
Plannmg & Zoning Department
City Hall, 6130 SUllset Drive, South Miami, Florida 33143
Telephone: (305) 663·6326; FfiX: (305) 668· 7356
Application/or Public Hearing be/ore Planning Board & City Commission
Address of Subject Property: Madison Square Affordable Lot(s) _ Block --Subdivision
PB --Meels & Bounds: Housing Project
Applicant: Soulh Miami Community Redevelopment Agency Phone: (305) 668·7238
Representative: Mr. Oscar Sol Organization: Strategic Green Mills Investments LLC
Address: 347 North River Drive
Phone: (305) 668· 7238
Fort Lauderdale FL 33301
Property Owner: South Miami Community Redevelopment Agency Signature:
Mailing Address: 5825 SW 68 Street, Suile 4, Office 400 Phone: (305) 668·7238
F art Lauderdale FL 33301
ArchitecVEngineer: Luigi Vitalini (Vilalini Corazzini Architecls) Phone: (305) 567·0602
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
.f Owner Owner's Representative Contract to purchase Option to purchase TenanULessee
APPLICATION IS HEREBY MADE FOR THE FDLLOWtNG: SUBMtTTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
-Text Amondmenl to LDC -Varianco .'!....... Leiter of intent
_ Zoning Map Amendment !_ Special Use _ Justifications for change
_ PUD Approval _Special Exception _ Statement of hardship
~ pu~ Major Change _Other (Waiver 01 Plat) _ proor of ownership or leUer from owner
_ Power of attorney
Briefly explain application and cite specific Code seclions: _ Contract to purchase
~ Current survey (1 original sealed and
Special Use approval requesting an increase from two stories to four signed/1 reduced copy @ 11" x 17")
~ 15 copies of Site Plan and Floor Plans
stories on the Madison Square property 24 x 36", 1 reduced copy @ It" x 17"
{ Affidavit-Receipts allesling to mail
-notices sent
Section: 20·3 ~ Subsection: (D)(1) Page #: __ Amended Date:
~ Mailing labels (3 sets) and map
Required Fee(s)
The undersigned has reJhlS completed appileahon and represents that the tnfonnahon and all submitted matenAls arc true and
eonecl to the beslOf he ap Ircant's knowledge and beiler
__ A ..... ~~~_.r._ .:u:u .. :.AA-LbD.£I::...lilit Steph~~ DaVid 9242015
/pplicant's SIgnature and (ftlc Prmt Name Date
Upon receipt, applications and all submitted materi(lls will be reviewed for compliance with the Land Development Code and other
applicable regufations. Applications found nol in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed,_.,---;-__
Petition Required __ _
Date of PB Hearin9 _____ Dale of Commission ____ _
Petilion Accepted, _____ _
Method of Pa ment
Z:\Fonlls\Currcllt Planning Department Fonm\Planning Department Fonns\Planning Board\P8 -Special Use Application· Revised 4-
30·2013.doc
letter of Intent
·"",_,',p'.O,_".,·"" •. -h' '_""'.' •• ,,,,., .... ,,,,-," ,, ___ ..... ~,~ .. , __ .. ~, "._. ~.,." . ..
September 24, 2015
Mr. Dwayne Williams, Planning & Zoning Director
City of South Miami Planning & Zoning Department
6130 Sunset Drive
South Miami, Florida 33143
RE: Special Exception Request of land Development Regulation 20-3.5, D (1)
Mr. Williams,
During the June 13, 2013 meeting of the South Miami Community Redevelopment Agency, the
SMCRA Board unanimously approved a request to the City's Planning & Zoning Board for special
use associated with Land Development regulation 20-3.5, D (1) "Properties A/JlIlling Single-
Family Zoning Districts". The intent of the request was to allow for building heights in excess of
two-stories on Madison Square development sites adjacent to residential districts north of SW
64'h Street.
During the September 3, 2013 City Commission meeting, Resolution No. 177-13-13995 was
subsequently approved by the City Commission authorizing a special use associated with Section
20-3.5, D (1) (See Attached). However, following unsuccessful attempts at obtaining tax credit
financing through the Florida Housing Finance Corporation, City Commission Resolution 177-13-
13995 also expired.
In addition to companion land-use and zoning amendments, the above referenced special use
request is now required to develop a seventy-five unit affordable housing redevelopment project.
It should be noted that the above referenced requests were discussed by the SMCRA Board as a
means of increasing much needed affordable housing and enhancing overall competiveness of
tax credit financing opportunities for project construction.
If you have questions or require additional information, please feel free to contact us directly.
Sincerely, 'l'J
:'M.""'~&.:I t", -<::10.,-6 ~ r
City of South Miami Community Redevelopment A(lcncy
5325 sw 68 ftl STREET, SUITE 400. SOUTH MIAMI. FLORIDA 3:1143 PIIONE: 30S-!i6fJ·723f,
Expired City Commission Resolution 177-13-13995
HESOLUTJOl\ NO. 177 -13-13995
-~-"--
A Hcsoltllioll related to a reqllest Jlllrsuallt to Section 20-3.5(D) of the SOllth
i\'lialHi LlIHl DCTelopm<'lJl Code, requesting all additional (third) noo)"
wi1hhl the Mndison Square Mixed Use Dcn~lopmcnt Projcct, Iocatl:d
bctw('cn 8\\' GO Avenue find S\V 59 COIII'I; (\J\J brhYccn S\V 64 Stl'eet and
SW 66 Street.
WHERF:AS. at the December J 8, 2012 COlllrilission meeting, Ordillfincc ;131-12-2147 was
approveu, modifying the zoning district for the slt~ject area fro III a combinnlion of Neighborhood Retail
(NR) and Small Lot Single Family Residellt,.1 (RS-1) to Specialty Retail (SR) to facilitate the mixed-use
development project known ~s Madison Squnre; and
WIlEHEAS, the Specialty Retail (SR) zoning district allows mixed usc projects lip to 1-stories III
height; and
\VBEnEAS, because the proposed project [Ire£) ahuts single family loning districts on the North,
West (lnd South, any proposed zOlling designation greater th<lil 2-storics tllat is applied to lhis project mU:::it
,dhcre to the regul,tion, listed in Section 20-3.S(D)(I) of tile L,nd DevelopInent Code, ami
WHEREAS. Seclion 20-3.5(D)(I) stii'nlates L1at additional project height may be obtained via
the special use permit process as sct fCl1th in Scctil)n 20-5.S, the pCl1incnt par!:s of which arc as follows:
20-5.8 Special use approvals.
(Il)Required Conditions
(I) Prior to approving a special use, the city commission shHll f\lld .. Ihat it:
(a) Will 1I0t <ldverscly Clffect the he;"lth or sClfety of persons residine or working in the
vicinity of the proposed lISC;
(b) Will not be detrimental to the public welfare or propcny or improvements III tile
neighboriJoou; and
(c) Complies with ail other applicable Code plOvisians.
(2) Additional Conditions. The city COllilllission may dcsignBtc sllch additional comhtioll) ill
connccliolJ with a special use as will, in its opinion, aSSure tlHlt slich lise will conform to
the foregoing requirements.
WIIKH.EAS, at their June 10, 2013 meeting, the South Miami COllllTlunity Redevelopment
Agency (SMCRA) Board voted subl111t an <lppiic<.Jlion tv the PIHllning I30ard a\lo City Cummission under
the provisions of Section 20-3.'\(D)(I), to ,lIow for 3-story building heights "s 1'",1 of the ivlRdison
Sqnare development project; and
\VHEREAS, the special usc review process requires a recommendation from the Planning BOJrd
and the approval of the City Coml11issioll after a public hC[lring: Hnd
WHEREAS, at the August 13, 20\3 regular meeting, the Planning Board io!lowing a public
healing) vOled to recoillmend ClpprovaJ applica(ion PB-13-026 by a vole of 5 ayes, 0 nay::.; with tile
condilion thaI the third story be limited to the ~tr\!cturcs along SW 641h Street; and
NOW, THEREFORE, nE IT RESOLVED BV TilE ~rAYOH AND CITY COMMISSION
OF TIlE CITY OF SOUTH MIA~11, FLOJ<!IJA THAT:
Hes. No. 177-13-13995
Seclion 1-J\pplication PI3-! 3-020 :-.ubnitlcd by Ihe JPphC<lllt, South l\lir.llli CO;))\lIlIllity
Redevelopment J\gency, fer revic\v and "ppr0vnl of a third floor i)f cievcll)plllcnt for the ~\1adisol) Square
mi:.;cd usc develop'nell! project, pursu{lnt to Section 20-3,5(D)(I) oflhc Ja!1d d(.vclopmcnt code, is hereby
i3JlEove(l)irnitillg~r.ixd f~or .1:0 the structure aloog S\'i64th Street.
S('ct~7..!. This rcsolLition shall be effecti\'e immediately' after l11c ?doptiQll hereof.
ilPP[(()VED:
j~M ~!JI.~' ~
Mil ~-6['z-
Commission Vote:
Mayor Stoddard:
Vice Mflyor Liebman:
Commissioner :\e\-\11l<l1l:
Commissioner ll<'lrris:
Commissioner WeIS]I'
2
5-0
Yea
Yea
Yea
Yea
Yea
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI
Planning and Zoning Department
6130 Sunset Drive; South Miami, Florida 33143
Phone: (305) 663-6326; Fax #: (305) 666-4591
On Tuesday, September 29, 2015 at 7:00 P,M., the City of South Miami's Planning
Board will conduct Jlublic hearings in the City Commission Chambers at the above address
on the following items:
PB-lS-020
Applicant: South Miami Community RedeveloJlment Agency
A Resolution of the Mayor and City Commission of the City of South Miami
pursuant to Section 20-3.5(D)(1) and other applicable pJ'ovisions of the City of South
Miami Land Development Code approving an increase from two stories to four
stories on property for the Madison Square affordable housing project.
All interested panies arc urged to attend. Objections or expressions of approval may be made in person at
the hearing or filed in writing prior to or at the hearing. The Planning Board reserves the right to recommend
to the City Commission vihatevcr the board considers in the best interest for the area involved. Interested
parties requesting infonnation are asked to contact the Planning anel Zoning Department by calling 305·663·
6326 or ,witing to the address indicated above.
You are hereby advised that if any person desires to appeal any decision made with respect to any matter
considered at this meeting or hearing, such person will need a record of the proceedings, and for such
purpose may need to 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 (F.S. 286.0 I 05). Refer to hearing number when
making any inquiry.
I ABUTTING LAND USES MAP I
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_ L-
----f
~ on
8
U'>
~
", g cr ... w -
sw 64TH TER
r
~
\ 6488
\ 6500
I
6518
I
I , , ,
I
I
I ,
\
\
\
" -\
636 "'
6429
6443
'" 64'-... -...
635 1
I 5909 \ 5917
L _ ---
5931
SW 64TH STREET
6442
6450
...... ........
"" -~ .... _--... _----b::> •
6437
" r-
r -I l> r -------r
(")
\ 650 1
,." , 6505 6500
6520
I
65 19 I \
65 16
I
!
\
j '''\
64·
0
641 0
0
0
D
0
0---,=5]
-I ,_ ...
I ,
, I _ ...
PROPOSED 4 STORY
PROPOSED 3 STORY
PROPOSED 2 STORY
SINGLE FAM 2 STORY
MU l TI-FAM 2 STORY
CHURC H
EXISTING GREEN SPACE
CHURCH PARK ING LOT
ABUITlNG LAND USES
c.. «
~
<!) z -z o
N
32SE I I NEIGHBORS
~'~ 1:r::J;21"
\'''"0 "'{~\~"
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
I SUNDAY OCTOBER 4 2015
MIAMIHEAALD.COM
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s)
beginning at 8:30 p.m. at its Special City Commissionl11ceting scheduled for V\lednesday, October 14.2015 in the City Commission
Chambers, 6130 Sunset Drive, to consider the following itcm(s):
An Ordinance Adopting The City of South Miami 2015 Text Amendments to the Comprehensive Plan Future Land Use And HOllsing Elements,
And Authorizing Transmittal To The Florida Department Of Economic Opportunity and Revicw Agencies.
An Ordinance Adopting a Small Scale Amendment to the Future Land Use Map of the Comprehensive Plan, amending the designation of the
\t1arshall Willimnson property located at approximately SW 61" COUl1 and SW 6411-· Terrace, from Single Family Residential -Two Story to
:v1ultifamily Residential--Four Story.
An Ordinance amending the Official Zoning Map as provided in the City orSouth Miami Land Development Code, Article 111. "Zoning Regulations,"
Section 20-3.1lC), and other applicable provisions, amending the designation orthe Marshall Williamson properly located at approximately SW
61" COUri and SW 64 11, Terrace, rrom Small Lot Single-Family Residential Distrid RS-4 to Low Density Multi-Family Residential Dislrict RM-18.
An Ordinance amending the City of South )..1iami Land Development Code, Article Ill, Section 20-3.3, "Permitted Use Schedule," and other
applicable provisions, to increase densities in the Low Density Multi-Family Residential District RM-18 and Specialty Retail SR zoning distric.ts,
and to provide for bonuses for projects containing prescribed percentages of affordable or ,,,"'orkforce housing, and amending Section 20-3.4,
Special Cse Conditions, to add a new subsection (24) prescribing conditions for the implementation of the bonus for projects containing affordable
and workforce housing, and to correct <l scrivener's error in Section 20-5.8 referring to the Permitted Use Schedule.
An Ordinance amending the. City of South .:vliami Land Development Code, Article lll, 'Zoning Regulations, Section 20-3.5, "Dimensional
Requirements:' and other applicable provisions. to adjust the density caps in the Multi-Family Residential District RM-18, RM-24 and Specialty
Retail SR zoning districts to increase density in the SR loning district and to allow the City Commission to approve Special Use applications for
density bonuses for affordable housing as permitted in Sections 20-3.3 and 20-3.4(24).
An Ordinance amending the City of South Miami Land Development Code, Article IV, "Other Regulations," Section 20-4.4. "Off-street parking
requirements." Subse·ctioll (B), "Space Requirements," to create new subsection (B)(J 7). to establish a revised parking requirement for projects
containing affordable or workforce housing units meeting specified criteria and located within a certain distance from the Metrorail Transit Station.
An Ordinance Adopting a Small Scale Amendment to the future Land Use :"1ap of the Comprehensive Plan, amending Ihe designation or the
Sylva Martin Building and a parking lot on the City HaJJ property located at 6130 Sunset Drive from Parks and Open Space to Transit Oriented
Development District (TODD).
An Ordinance Adopting an Amendment to the Funne Land Cse Map oflhe Comprehensive Plan, amending the area including the Underline linear
park located under the MetroraiJ to designate it as Parks and Open Space, and Authorizing Transmittal to The Florida Department of Economic
Opportunity and Review Agencies.
I A Resolution of the Mayor and City Commission of the City of South Miami pursuant to Section 20-3.5(D)( 1) and other applicable provisions}
\of the City of South Miami Land Development Code approving an increase from ""10 stories to four stories on property for the Madison Squao/
affordable housing project.
ALL interested parties are invited to allend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to florida Statutes 286.0105, the City hereby advise~ the public tha1 if a person decides to appeal any decision made by 1his Board, Agency or Commission wilh
respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that
a verbatim record of the proc;eedings is made which record include., the testimony llnd evidence upon which the appeal is to be hased