Res No 183-17-14984RESOLUTION NO. 183-17-14984
A Resolution authorizing the South Miami Community Redevelopment Agency to
reapply for Special Use approval pursuant to Section 20-3.5(D)(1) and other
applicable provisions of the South Miami Land Development Code approving an
increase from two stories to three stories for a Mixed-Use Project on the West
Madison Square property as legally described herein.
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns several
parcels on the south side ofSW 64th Street between SW 60 th Avenue and SW 59th Place, as follows: 5978
SW 64th Street (folio 09-4025-010-0010), 6415 SW 60th Avenue (folio 09-4025-010-0030), 6429 SW 60th
Avenue (folio 09-4025-010-0040), 6442 SW 59th Place (folio 09-4025-010-0180), 6420 SW 59th Place
(folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09-4025-010-0050, 09-4025-
010-0020, 09-4025-010-0140, and 09-4025-010-0170 (collectively referred to as "West Madison
Square"); and
WHEREAS, the parcels are all zoned "SR" Specialty Retail except for 6443 SW 60th Avenue,
which is zoned "RS-4" Single-Family; and
WHEREAS, the SR district allows a maximum building height of four (4) stories or fifty (50)
feet pursuant to Section 20-3.5G of the Land Development Code (LDC); and
WHEREAS, LDC Section 20-3.5(0) provides that, if a property is abutting a single-family
zoning district the maximum height of any new building on that property is limited to two stories,
however, additional height may be obtained via the Special Use process set forth in Section 20-5.8; and
WHEREAS, the South Miami Community Redevelopment Agency ("SMCRA") previously
submitted application PB-17-008 requesting a Special Use approval to develop a mixed-use project on the
site; and
WHEREAS, adjacent to the site on the north, south and west are single-family residential
districts; and
WHEREAS, Section 20-3.5(0)(1) stipulates that additional project height may be obtained via
the Special Use permit process as set forth in Section 20-5.8, the pertinent parts of which are as follows:
20-5.8 Special use approvals.
(B)Required Conditions.
(1) Prior to approving a special use, the city commission shall find that such use meets the
conditional requirements set forth in Section 20-3.4 and that it
(a) Will not adversely affect the health or 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 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.
Res. No. 183-17-14984
WHEREAS, Section 20-3.4 sets forth general requirements for Special Use approvals as well as
special requirements for specific types of uses; and
WHEREAS, the general requirements of Section 20-3.4 are as follows:
(1) All such uses shall comply with all requirements established in the appropriate zoning
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
ofthe 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.
WHEREAS, Section 20-3.4 does not provide any specific requirements for a Special Use
approval pertaining to an increase in the number of stories; and
WHEREAS, Section 20-S.8(C) of the LDC provides that an approval shall lapse after six (6)
months if no master building permit which implements the Special Use has been issued for such use. The
City Commission may specifY a longer approval period for good cause; and
WHEREAS, the Special Use review process requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at the May 30, 2017 special meeting, the Planning Board following a public
hearing, voted to recommend approval application PB-17 -008; and
WHEREAS, staff and the Planning Board also recommend that the approval period be extended
beyond six (6) months; and
WHEREAS, this resolution was presented to the City Commission at its June 6, 2017 meeting
and it failed to be adopted by a vote of three to two (Commissioner Edmond and Commissioner Liebman
voting against it); and
WHEREAS, section 20-5.8 (E) provides that there shall be no reapplication of an application for
a special use involving the same or substantially the same property for a period of one year unless there is
evidence submitted to and accepted by the city commission which justifies such reconsideration; and
WHEREAS, the original application called for approval of four stories; and
WHEREAS, the SMCRA desires to reapply for the special use approval and limit the application
to only three stories and to limit the buildings to the areas and to the height show on the attached plans.
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Res. No. 183-17-14984
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AA'D CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: There is evidence presented which limits the height and location of the buildings and
which justifies reconsideration of Application PB-17 -008 submitted by the applicant, the South Miami
Community Redevelopment Agency ("SMCRA").
Section 2: The South Miami Community Redevelopment Agency is hereby granted permission
to reapply for Special Use approval.
Section 3: This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 5.th..., day ofSept~~';1;-,2017.
ATTEST:
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APPROVED:
Commission Vote: 3-2
Mayor Stoddard: Nay
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Nay