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2THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: STEVEN ALEXANDER, CITY MANAGER DATE: November 12, 2015 Agenda Item NO.:~ CC: Dwayne Williams, Planning Director SUBIECT: A Resolution approving the construction of more than two stories on the Madison Square site for the Madison Square affordable housing project pursuant to Section 20-3.5(D)(1) and other applicable provisions of the City's Land Development Code, including a Special Use authorization. BACKGROUND: The applicant (South Miami Community Redevelopment Agency), 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 permitted to a combination of heights that include two (2) and three (3) stories; but with the design objectives that are sensitive to existing single family residential units in the area. 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: Prol2ertiesAbutting Single-Familv Zoning 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-Jamily zoning district the maximum height of any new building or 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 se t 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 a City Commission public hearing, at which meeting 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(8) 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. ANALYSIS: • The proposed Resolution will enable various heights to be created througho~tthe project 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. 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 up to four stories along SW 64th Street. • The proposed project will not adversely affect the health or safety of persons residing or working in the vicinity ofthe proposed use; • The proposed site location is compatible to the surrounded land uses including commercial, duplex, multifamily, single family and religious structures and will not be detrimental to the public welfare or property or improvements in the neighborhood; and, • 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 and complies with the objectives of the Land Development Code. • The location of the development along SW 64th Street; which is a collector street and has a median with trees provides a natural eye level view buffer for the additional floor being requested. • Special Use approval should be extended to 2 years from approval to allow developer ample time for financing and construction plans. RECOMMENDATION: 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 induding the need to obtain a Special Use authorization from the Commission. The proposed Resolution provides this authorization and is essential to the viability of the Madison Square project in its current form. ATTACHMENTS: Application Abutting Land Use Map Zoning Map Resolution 1 2 3 4 5 6 7 Resolution No .. ______ _ A Resolution approving the construction of more than two stories on the Madison Square site for the Madison Square affordable housing project pursuant to Section 20-3.5(D)(1) and other applicable provisions of the City's Land Development Code. 8 WHEREAS, the Madison Square affordable housing project is located in 9 the Specialty Retail (SR) zoning district; and 10 11 WHEREAS, the Specialty Retail (SR) zoning district allows mixed use projects up to 4- 12 stories in height; and 13 14 15 16 17 18 19 20 21 22 WHEREAS, the proposed project area abuts single-family zoning districts; and WHEREAS, Section 20-3.5(D)(I) of the City's Land Development Code requires that any development that abuts a single-family zoning district must not exceed 2-stories in height but that additional project height may be obtained via the Special Use approval process as set forth in Section 20-5.8, the pertinent parts of which are as follows: 20-5.8 -Special use approvals. * * * 23 (B) Required Conditions. 24 (I) Prior to approving a special use, the city commission shall find that it: 25 (a) Will not adversely affect the health or safety of persons residing or 26 working in the vicinity of the proposed use; 27 (b) Will not be detrimental to the public welfare or property or 28 improvements in the neighborhood; and 29 ( c) Complies with all other applicable Code provisions. 30 (2) Additional Conditions. The city commission may designate such additional 31 conditions in connection with a special use as will, in its opinion; assure that 32 such use will conform to the foregoing requirements. 33 34 WHEREAS, at the September 29,2015 Planning Board meeting, PB-15-020 Madison 35 Square Development Special Use resolution was reviewed and the Planning Board 36 recommended approval of the Special Use by a vote of6 to 1 with conditions; and 37 38 WHEREAS, the Planning Board recommended that the Madison Square Development 39 should establishes varying heights from four stories along SW 64th Street and stepping the 40 heights down to three story as the development builds out to the south, and as the development 41 continues south and nears the single-family zoning district the development heights should step 42 down to (2) stories to match the heights of those residential areas. 43 44 I 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 application of the Madison Square Affordable Housing Project. to allow a 8 height greater than two (2) stories where the Madison Square Project abuts a single-family 9 zoning district. is hereby approved, provided that a maximum height off our (4) stories shall be 10 limited to the structures that abut SW 64th Street and the height of the structures that do not abut II SW 64th Street shall step down as the development builds out to the south so as to be no higher 12 than two (2) stories where they come within feet of the lot line of any property in a 13 single family zoned district to the south of the project. In light of the delays that may ensue due 14 to the developer's guest for fmancing. such as tax credits. grants and subsidies. and due to the 15 need for affordable housing and. more particularly. this particular project. this Special Use 16 approval shall expire no earlier than years after its approval. 17 18 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for 19 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 20 not affect the validity of the remaining portions of this resolution. 21 22 Section 4. Effective Date. This resolution shall become effective immediately upon 23 adoption by vote of the City Commission. 24 25 26 27 28 29 PASSED AND ADOPTED this ___ day of, _______ , 2015. 30 31 32 33 34 35 36 37 38 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF 39 CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor: Harris: Commissioner Edmond: Commissioner Liebman: Commissioner Welsh: I ABUTTING LAND USES MAP I 635 1 ! o , " " -1 - ~ ~ ~ ~ " r.~ w .' ~ c w, S W 64TH TER , , I I I , , \ \ , \ .\, , , ''" n X*-.., ___ I 636; 6429 6443 I i ! ~ __ --'-f--. ----~ sw 64TH STREET 6429 64 42 6443 L_~~....--, -T .. , 64·Q '" ..... _. 6450 I I I '---- I i I-----------' 6:188 .... .... ').;0-" .... ---_._.,.- t ,:;> tv \J"I <D~ ,,- 5931 I j i 1 5909 1 I I 65 00 -0 .- 1;; -------T , ~----.----~ 6.5 01 I 652D m , 6505 r- 1 I , 6500 ! 65 16 5917 5925 -.~-~-- -----,--------, 0 -- -l -------- PROPOSED 4 STORY PROPOSED 3 STORY PROPOSED 2 STORY SI NGLE FAMILY MULTI-FAMilY CHURCH EX ISTING GREEN SPACE CHURCH PARKING LOT ABU n tNG LAND USES '-, ----I ----1----; 65 18 65 19 ZONING MAP 'iW 6~KU ~I 53\)1 ~ -~ 6400 g i ~.~ ~.~ SW 64TH TER I (3124 6100 PI rM. 6521 6135 • ---,. I I i :\: 6531 v, ~ -!< ~ <I> ---..;.-1 I I ! I 6530 . ~ -< .' :I. § 6310 6332 6505 G500 6516 13532 S53J 6551 • '%19, W~ G540 fLVY Jt6J:H ST _ GliOl 1)60{) -$ !>!l63 OG<7 6-'",0'\ n.Sn 1359' t ~ :B '" '" N ; N ~ 0 13'32:5 g .:1 '" 13335 \")'l'Z.O 6J.,S GJrJ:J (J) 1,)401 .~ 01 6411 '" -< I . ;)421 ~ 5431 1 m . 1)441 -C r ,RS-4 - 8511 ~ ~ G521 6531 iil ::l 5/375 '" ~ '" i? III 0 City of South Miami Planmng & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (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 ---Meets & Bounds: Housing Project Applicant: South Miami Community Redevelopment Agency Phone: (305) 668-7238 Representative: Mr. Oscar Sol Organization: Strategic Green Mills Investments LLC Address: 347 North River Drive Fort Lauderdale FL 33301 Phone: (305) 668-7238 Property Owner: South Miami Community Redevelopment Agency Signature: Mailing Address: 5825 SW 68 Street, Suite 4, Office 400 Phone: (305) 668-7238 Fort lauderdale FL 33301 ArchitecUEngineer: Luigi Vitalini (Vitallni Corazzini Architects) Phone: (305) 567-0602 AS THE APPLICANT, PLEASE tNDICATE YOUR RELATIONSHIP TO THIS PROJECT: , Owner Owner's Representative Contract to purchase Option to purchase TenanUlessee APPLICATtON tS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY: -Text Amendment to LOC _Variance ~ LeUer of intent _ Zoning Map Amendment ~Special Use _ Justifications for change _ PUD Approval _Special Exception _ Statement of hardship _ PUD Major Change _Other (Waiver 01 Plat) _ Proof of ownership or letter from owner _ Power of attorney Briefly explain application and cite specific Code sections: _ 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", t reduced copy@ 11" x 17" , Affidavit-Receipts attesting to mail -nolices sent Seclion:~ Subsection: jOlt') Page #: __ Amended Date: '-Maiting labels (3 sets) and map Required Fee(s) The lmdersigneJJ, has're d this completed application and represents that the infonnation and all submitted materials are true and correct to the besfllf he ap lieant's knowledge and belief. 9·24·2015 Date Upon reccipf~ applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed' ____ _ Date of PB Hearin9'_____ Dale of Commission, ____ _ Pelition Required __ _ Petition Accepted, _____ _ Method of Pa menl Z;\Fonns\Current Planning Department Fonns\Planning Department Fomls\Planning Board\PB -Special Usc Application -Revised 4- 30-2013.doc letter of Intent I,' ".,.' ... -' ""';"""';,,-,: :.:.' 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 Abutting 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, 'j 'J ,,(;:'hI.M~r.l, t', -(:Jtjtr6~r City of South Miami Community Redevelopment Agency 5825 sw sarti STREET. SUITE 400, SOUTH MIAMI. FLORIDA 33143 PHONE: 305·668·7236 Expired City Commission Resolution 177-13-13995 )mSOLUTION NO. 177-13-13995 A Resolution related to a request p"rsuanl to Section 20-3.5(D) of the Sonth Miami 1...11lU Development Code, requcstillg an mluitionnl (third) [loor withjn the Madison Square Mixed Use Dc,'eiop01c:nc Project, Iocaftd betwecll SW 60 AvellU. and SW 59 Courl; alld between SW 64 Street lind SW 66 Streot. WHEREAS. al the Dccember 18, 2012 Commissiun meeting, Ordinance i/31·12·2147 was approved, modifying the zoning district for the subject area from a combination of Neighborhood Retail (NR) and Small Lot Single Family Residential (RS·4) to Specialty Retail (SR) to faeilitale Ihe mixed·use development project known as Madison Square; and WHEREAS, the Specialty Retail (SR) zoning dislrict allows mixed usc projects up 10 4-slories in height; and WHEREAS, because the proposed project mCa abuts single family zoning districts on the Norlit, West and South, any propos-cd zOlling designation greater (hall 2-storics that is applied to this project must adhere to the regulations listed in Section 20-3.5(D)(I) ortite Land Development Code; and WHEREAS, Section 20-3.5(D)(I) stipulates that additional project height may be obtained via the special usc permit process as sct forth in Section 20~5.8, the pertinent paJts of which arc as follows: 20-5.& Special use approvals_ (B)Required Conditions (I) Prior to approving a special usc, the city commission shall filld ... that it: (0) Will not adversely affect the health 01' safety of persons residing or working in the vicinity of the proposed use; (b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and (c) Complies wilh all other applicable Code provisions. (2) Additional Conditions. The city commission may desig.nate slIeh additional cOllditions ill conneclion with a special lise as will, in its opinion, aSSure that slIch usc will conform to the foregoing requirements. WHERRAS, at their June 10, 2013 meeting, the South Mimni Community Redevelopment Agency (SMCRA) Board voted submit an application lu the Planning Board allu City Commission under the provisions of Section 20-3.5(D)(I), to allow for 3-story bnilding heights as palt of the Madison Sqnare development project; and \VI-IEREAS, the special usc review process requires a recommendation from the Planning Board and the approval ofihe City Commission after a public hearing; and WHEREAS, at the August 13, 2013 regular meeting, the Planning Board following a public hearing, voted to recommend approval application PB-13~026 by a vote of 5 ayes, 0 nays; with the condition that the third story be limited 10 the stnlclures along SW 64th Street; and NOW, THEREFORE, DE IT RESOLVED HY TlU: MAYOR AND CITY COMMISSION OF TilE CITY 01' SOUTH MIAMI, FLORlIJA THAT: Res. No. 177-13-13995 /' Section 1: Application PJ3·J3·026 submitted by the applicant, South Miami Comlllunity Redevelopment Agency, for review Jnd approval of a third Ooor of development for the Madisou SqU(H'0 mixed usc development project} pursuant to Section 20-3.5(0)(1) oflhc land development code) is hereby approve-,~ .. _UJ.l\.i):_ing third floor .):0 the structure along SW64th street. SectiQII 2: This resolution shall be efTective immediately after tile adoption hereof. P,\SSED AND ADOPTED this 3rd, day of sep~., 2013. APPROVED: ..lJLh? {j~J! M~I:Z- Commission Vote: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commis:sioner Ne.\\'llHln: Yea ( -I~,,-~.2dt~~---'( \ <:'1fY Comlllis~ioncr I-Jarris: Commissioner Welsh: Yea Yea ..... " ..• ~. 2 38SE I NEIGHBORS : • CITY OF OPA-LOCKA Request for Proposals RFP NO: 15-0212100 NW 38'" AVENUE ROADWAY AND DRAINAGE IMPROVEMENTS Design Build Proposals (bids) for NW 38 Avenue Roadway and Drainage Improvements will be received by the City of Opa-Iocka at the Office of the City Clerk, 780 Fisherman, 4th Floor, Opa-Iocka, Florida 33054. The Proposals (Bids) are due on Wednesday, December 2, 2015 by 1 :00 PM. Any proposals (bids) received after the designated closing time will be returned unopened. The purpose of this Request for Proposals (bids) is to seek service of a qualified professional contractor or registered engineering firm to provide design build services to the City of Opa-Iocka for NW 38 Avenue Roadway and Drainage Improvements. This project, will be Federally funded, in part or whole through the Miami-Dade County Miami-Dade County Public Housing and Community Development (PHCD) of Housing and Community Development with Community Development Block Grant funds and also State Revolving Fund by Florida Department of Environmental Protection Agency (FDEP) and as such, bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375;TitleVIl of the Civil Rights Act of 1964 as amended; the Davis-Bacon Act of 1968, as amended; the Copeland Anti·Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder must comply with all applicable grants and/or State Revolving Fund requirements. Note that bidder is required to pay workers on this project the minimum wages as determined in theWage Determination Decision included in the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. This project is also a Section 3 covered activity. Section 3 requires that job training, employment and contracting opportunities be directed to very-low and low income persons or business owners who live in the project's area. An original and six (6) copies a total of seven (7) plus 1 copy of the proposal on CD in PDF format shall be submitted all in sealed envelopes/packages addressed to Joanna Flores, CMC, City Clerk, City of Opa-Iocka, Florida, and marked Design Build Services for NW 38Avenue Roadway and Drainage Improvements. Bidders desiring information for use in preparing proposals may obtain a set of such documents from the Clerk's Office, 780 Fisherman Street, 4th Floor, Opa-Iocka, Florida 33054, Telephone (305) 953-2800 or copies of the RFP NO: 15-0212100 requirements may also be obtained by visiting the City's website at www.opalockafl.gov, (click "RFQ /PROPOSALS" located on the right hand side of the screen and follow the instructions). The RFPs can also be obtained by visiting www.opalockacip.com. The City will award the Contract to the lowest, responsive, and best responsible bidder. The City reserves the right to award the Contract deemed to be in the best interest of the City, waive any informality in any proposa! or reject any and all proposals. Pricing will be weighed heavily on selecting the bidder, but will not be the sole defining factor. Innovative design as well as local job creation will be seriously considered. The City further reserves the right to award the contract to that bidder whose proposal best complies with the RFP NO: 15-0212100 requirements. Bidders may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Joanna Flores, CMC, City Clerk I SUNDAY NOVEMBER 1:1015 MIAMIHERALD.COM CITY OF SOUTH MIAMI COURTESY NOTICE 'OTICE IS IIF:Rr.ny I.'I\C" IhJT !he CIl\' C.mlmi"ion "f II", Cill "r Sl1"th '1'~1tH, fl""d. 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