Res No 203-17-15004RESOLUTION NO. 203-17-15004
A Resolution, upon reconsideration, granting a special use approval for a Mixed-Use
Project on the West Madison Square property so as to allow an increase from two stories
to three stories on that parcel and for that project.
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns several
parcels on the south side ofSW 64th Street between SW 60th 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(D) 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, adjacent to the site on the north, south and west are single-family residential districts;
and
WHEREAS, Planning Board application PB-17 -008 requesting a special use approval to develop
a three (3) story, mixed-use project on the site was considered by the City Commission on June 6, 2017 and
failed to garner the four (4) votes requires for approval; and
WHEREAS, pursuant to LDC Section 20-6.l(A)(3)(e), a commission member instructed the
Clerk to add the application to the City Commission agenda for reconsideration without the introduction of
any new evidence or argument of the proponent or the opposition; and
WHEREAS, Section 20-5.8(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, at the May 30,2017 special meeting, the Planning Board following a public hearing,
voted to recommend approval application PB-17-008 by a vote of five (5) ayes, one (1) nay; with two
conditions: (1) that the project be limited to three (3) stories; and (2) that the site be developed in substantial
compliance with the plans prepared by Fanjul & Associates, LLC and attached hereto as "Exhibit A", and
WHEREAS, staff and the Planning Board also recommend that the approval period be extended
beyond six (6) months; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
R~s. No. 203-17-15004
Section 1. Application PB-17 -008 requesting a third floor of development for the West Madison
Square mixed use development project, pursuant to Section 20-3.5(D)(1) of the land development code, is
hereby approved upon reconsideration with the following conditions: that the project be limited to three (3)
stories and that the site be developed in substantial compliance with the plans prepared by Fanjul &
Associates, LLC and attached hereto as "Exhibit A".
Section 2. The approval of the Special Use shall lapse after one (1) year if no master building
permit which implements the special use has been issued for such use. However, additional time may be
granted pursuant to Section 20-5.8 (D) if a proper and timely request is made by the applicant for an
extension of time prior to the expiration of the approval period.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the
validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this11.th., day ofOctober2017.
ATTEST: APPROVED:
~~
CITY CLERK MAYOR
Commission Vote: 5 -0
Mayor Stoddard: Yea
Vice Mayor Welsh: Yea
Commissioner Edmond: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
2
(i)
Southt1iami
TH.E 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
FROM: Steven Alex'ander, City Manager
DATE: October 17,2017 Agenda Item No.:_
SUBJECT:
A Resolution, upon reconsideration, granting a special use approval for a Mixed-Use Project
on the West Madison Square property so as to allow an increase from two stories to three
stories on that parcel and for that project.
BACKGROUND:
The South Miami Community Redev.elopment Agency (SMCRA) owns several parcels on the south
side of SW 64th Street between SW 60th Avenue and SW 59th Place that are described as "West
Madison Squa~e". With one exception, the parcels are all zoned "SR" SpeCiaJty Retail. SR allows
a maximum building height of four (4) stories or fifty feet (50'), unless the property abuts single-
family zoning in which case buildings of more than two stories must receive a special use approval
from the City Commission.
The Commission considered an application for a three-story mixed-use project on June 6, 2017.
The application did not receive the four votes required for approval.
Pursuant to Sect,ion 20-G.l(A)(3)(e) of the Land Development Code, Vice-Mayor Welsh has
instructed the City Clerk to add the application to the agenda for reconsideration without the
introduction of any new evidence or argument of the proponent or the opposition.
RECOMMENDATION:
Staff recommends the Commission consider the attached resolution.
Attachments:
Resolution
June 6, 2017 Memo
June 6,2017 Site Plan
SoutOOiami
tHE 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, AICP, Planning Director
Date: June 6,2017
SUBJECT:
1. A Resolution 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 fora Mixed-Use Project on the WestMadison SquareproJ;lerty
as legally described herein.
2. A Resolution relating to a request for a variance from Section 20-4.4 and other
applicable provisions of the City of South Miami Land Development Code to allow a
reduction in the number of parking spaces provided for a Mixed-Use Project on the West
Madison Square property as legally described herein.
3. A Resolution approving a Unity of Title for the Properties Located at 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-.,10-0160), 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.
BACKGROUND:
The South Miami Community Redevelopment Agency (CRA) owns approximately 1.2 acres of
property on the south side of SW 64th Street generally referred to as Madison Square. The
CRA's planning document designates the area for a mixed-use redevelopment proposal that will
create an anchor for the north end of SW 59 th Place and help stimulate revitalization efforts in
the area.
For the purposes of the development review, the property is described as either East or West
Madison Square, with SW 59th Place serving as the divider. This memo is focused on the zoning
requests for West Madison Square; the East Madison Square requests are addressed in a
separate memo. The West property consists of nine (9) parcels on the south side of SW 64th
Street between SW 59th Place and SW 60th Avenue as shown in the highlighted area below:
Madison Square -West Parcel
Special Use and Variance Applications
5978 SW 64 Street
June 6, 2017
Page 2 of 9
Subject Property located 5978 SW 64 Street
The properties total 32,019 square feet in size (net) and are identified on the City's maps as:
5978 SW 64th Street, 6415 SW 60 th Place, 6429 SW 60 th Avenue, 6443 SW 60 th Avenue 1, 6442
SW 59 th Place, and four vacant parcels that have not been assigned a street number2. The
project does not include the privately owned, irregularly shaped parcel at 6412 SW 59th Place.
All the parcels are zoned "SR" Specialty Retail except for 6443 SW 60th Avenue, which is zoned
"RS-4" Single-Family. The City's Future Land Use Map (FLUM) designates all the parcels as
"Mixed-Use Commercial Residential (Four-Story)".
I The Miami-Dade County Property Appraiser's website does not list an address for this parcel.
2 The Miami-Dade County Property Appraiser's website identifies the vacant parcel immediately south of 6412 SW
59 th Place as 6420 SW 59 th Place.
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Madison Square -West Parcel
Special Use and Variance Applications
S978 SW 64 Street
June 6, 2017
Page 3 of 9
Future Land Use Map Excerpt
Surrounding land uses, zoning and FLUM designations are as follows:
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Church Parking RS-4 * Single-Family Residential
North lot (Two-Story) and Mixed-Use
Commercial Residential
(Four-Story)
SOi!.ltll Single-family RS-4 and SR Single-Family (Two-Story)
and vacant
Ea_st Vacant SR Mixed-Use Commercial
Residential (Four-Story) -= Vacant RS-4 Single-Family Residential West (Two-Story)
* Community Service Overlay
"';,.,
The City of So uth Miami is proposing a mixed-use project for Madison Square. The West property
will cons i st of approximately 8,868 square feet of commercial space on the ground floor and
twenty (2 0) residential units on the second and third floors (ten units per floor). The proposed
uses are permitted in the SR district (see Land Development Code (LDC) Sec. 20-3.3(0)).
Th e r eside ntial comp o nent will be deve loped as affordable units pursuant to an agreem ent
between th e CRA and the developer. A single retail tenant is expected to occupy the comm e rcial
space.
As current ly designed, forty-one (41) parking spaces will be available on-site. Pursuant to Section
20-4.4 of the LDC, fourteen (14) on-street spaces can be credited to the project for a total of fifty-
five (55) spaces.
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Madison Square -West Parcel
Special Use and Variance Applications
5978 5W 64 Street
June 6,2017
Page 40f9
A landscape buffer separates the parking lot from the single-family residence to the south. The
site plan complies with the setback, FAR and impervious coverage standards of the LOC.
The attached exhibit contains the plans for both the East and West properties. Sheet AO.l
illustrates the concept plan for both the East and the West properties; Sheets AO.l(W), A.l.l,
Al.2.3 and Al.l.3 provides the site plan, floor lay-out for the second and third floors, and
conceptual elevations for the West side.
REQUESTS:
As proposed, the project requires the following approvals, which are described and analyzed
below:
1. A Special Use to allow a height of three-stories.
2. A Variance to allow a reduction in the number of parking spaces provided.
3. A Unity of Title
ANALYSIS:
1. A Special Use to allow a height of three-stories.
The SR zoning district allows a height of four stories or fifty (50) feet. This provision is limited,
however, by Section 20-3.5(0) Properties Abutting Single-Family Zoning Districts of the Land
Development Code which states:
.(1) 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 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 set
forth in Section 20-5.8.
As noted above, the project abuts a Single-family zoning district on three sides (north, west and
south) and is designed at three (3) stories in height.
Special Use applications are controlled by LDC Section 20-5.8 Special use approvals, as follows:
Section 20-5.8 (B) Required Conditions
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(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;
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Madison Square -West Parcel
Special Use and Variance Applications
5978 SW 64 Street
June 6, 2017
Page S of9
(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.
The conditional requirements of Section 20-3.4 include general requirements that apply to all
applications as well as special requirements that apply to specific types of special uses. There
are no special requirements for allowing additional stories, so only the general requirements
apply:
Section 20-3.4 Special use conditions.
fA) General Requirements
(1) All such uses shall comply with all requirements established in the appropriate zone use
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
of the 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.
STAFF RESPONSE:
After review of the project, the proposed building complies with conditions and requirements
listed in both Section 20-5.8(B) and 20-3.4(A) ofthe lDC in that:
.
* Increasing the height of the building from two stories to three should not adversely
affect the health or safety of persons residing or working in the area, nor will it be detrimental
to the public welfare or property or improvements in the neighborhood;
* The proposed building complies with other applicable Code provisions regarding size
and setbacks;
* While most buildings in the area are single-story, the nearby churches have elements or
architectural features that are comparable in height to the proposed building;
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Madison Square -West Parcel
Special Use and Variance Applications
5978 SW 64 Street
June 6,2017
Page6of9
* The site is designed to maximize the separation between the building and the single-
family residence to the south; and
* The proposed building is of a compatible and complementary nature with the existing,
planned or anticipated surrounding uses.
Section 20-5.8(C) Expiration of Special Use Approvals further 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.
PLANNING BOARD ACTION:
Following a public hearing on the item on May 3D, 2017, the Planning Board voted five (5) ayes
to one (1) nay to recommend approval ofthe special use with staff's recommended conditions:
RECOMMENDATION:
Staff recommends that the City Commission approve the special use application with the
follOWing conditions:
1. That the building be limited to three (3) stories in height; and
2. That the project is developed in substantial compliance with the plans prepared by Fanjul
& Associates, LLC and attached to this memo.
Further, Staff recommends that the City Commission consider a longer approval period to ensure
the developer has adequate time to obtain the master building permit.
2. Variance to allow a reduction in the number of parking spaces provided.
The proposed project consists of approximately 8,868 sf of commercial space and twenty (20)
housing units. Based on this.design, a total of seventy-two (72) parking spaces are required per
Section 20-4.4 of the lDC:
Retail Parking Spaces Required
8,868 ~ 1 Parking Space x 3 0 ~ ~ 30 Parking Spaces 1 0 ..
Plus
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Madison Square -West Parcel
Special Use and Variance Applications
5978 SW 64 Street
June 6, 2017
Page 7 of 9
Residential Parking Spaces Required
20 ~ 2 Parking Space
x lJ.mt; ~ 40 Parking Spaces 1 .
Plus
20 ~ 1 Visitor Parking Space
1 x 10 lJ..1m5 ~ 2 Visitor Parking Spaces
TOTAL PARKING REQUIRED: 30 + 40 + 2 = 72
Fifty-five (55) spaces are shown on the proposed design, for a shortage of seventeen (17) spaces.
Of the fifty-five (55) spaces available, twenty-two (22) will be allocated for the residential units
(Le., one space per unit plus two visitor spaces); the remaining thirty-three (33) spaces will be
allocated for the commercial space. The City and CRA are negotiating with the nearby churches
to provide additional parking for the project. However, since the negotiations have not been
finalized, a variance approval is necessary.
Pursuant to Section 20-5.9 of the LOC, a variance for off-street parking can be reviewed and
permitted by the City Commission at a public hearing, after a recommendation by the Planning
Board. Variance decisions shall be based on an affirmative finding as to each of the following
criterion:
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1. The variance is necessary to relieve particular extraordinary conditions relating to a
specific property;
Response: The site's small size, dimensions, and irregular shape, combined with the three
street frontages and a single-family residence to the south make this a particularly
challenging site to develop.
2. Denial of the variance would result in hardship to the owner. Hardship results if the
restriction of the zoning ordinance, when applied to a particular property, becomes
arbitrary, confiscatory or unduly oppressive because of conditions of the property that
distinguish it from other properties under similar zoning restrictions;
Response: Development of the property is limited by its size, dimensions and irregular
shape, code requirements that limit height and imperviol!s coverage, and the setbacks
required from the single-family residence. These factors combine to make it difficult to
comply with the parking requirements. Further, denial of the variance will impede the
development of much needed affordable housing for South Miami and a commercial
tenant that will offer essential goods within walking distance of many residents.
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Madison Square -West Parcel
Special Use and Variance Applications
5978 SW 64 Street
June 6, 2017
Page 8of9
3. The extraordinary conditions and circumstances do not result from the actions of the
applicant;
Response: The neighborhood was platted with small, narrow lots that make it difficult to
assemble sites large enough to accommodate a mixed-use development that complies
with all the current LDC requirements and meets the community's development
objectives. Consequently, the extraordinary conditions and circumstances do not result
from the actions of the applicant.
4. The requested variance is the minimum variance necessary to make possible the
reasonable use of the land, building or structure;
Response: The project is designed to accommodate the space needs of a national retailer
and the (:ommunity's desire to provide as many affordable units as possible, while still
being sensitive to the scale of the surrounding neighborhood and limiting impacts on the
adjacent single family homes. While a parking structure might allow additional parking,
it's unlikely that a structure would fit on the property3. Further, if a structure was
physically possible, the building would be disproportionate and out of keeping with the
character of the neighborhood. Consequently, the requested variance is the minimum
necessary to make possible the reasonable use of the land.
5. That the approval of the variance will be consistent with the general intent and purpose
of the Land Development Code, and will not be injurious to the neighborhood or
otherwise detrimental to the public welfare.
Response: The purpose of the SR district is "to maintain the basic specialty retail character
of the Sunset Drive commercial area by encouraging comparison retail uses at the
pedestrian-oriented grade level and office and residential uses on the upper floors of all
buildings" (Sec. 20-3.1(14)). All other properties with an SR designation are in the
Hometown District Overlay and, as such, are allowed a twenty-five percent (25%) parking
reduction for mixed-use buildings. Such reductions are typical for mixed-use buildings. If
that reduction were applied to this project, only fifty-four (54) spaces would be required
and the project would comply. Consequently, approval of the variance will be consistent
with the general intent and purpose of the LDC and will not be injurious to the
neighborhood or otherwise detrimental to the public welfare.
3 For additional information about the sizing requirements of parking structures, please refer to:
http://www.timhaahs.com/parkingdatabase!what-are-some-typical-standards-for-parking-garage-functional-designl
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Madison Square -West Parcel
Special Use and Variance Applications
5978 SW 64 Street
June 6, 2017
Page 9 of 9
Section 20-S.9(A} Expiration of Variance Approvals further provides that variances shall lapse
after one (1) year if no building permit has been applied for in accordance with the request and
if the City Commission has not specified a longer approval period for good cause shown.
PLANNING BOARD ACTION:
Following a public hearing on the item on May 30, 2017, the Planning Board voted five (5) ayes
to one (1) nay to recommend approval of the requested variance.
RECOMMENDATION:
Staff recommends that the City Commission approve the variance application.
3. Unity of Title
Section 20-5.16 ofthe LDC provides that a unity of title shall be required in certain specified cases,
including:
* * *
2. Whenever the building site consists of more than one lot or parcel and the main
building is located on one or more of the lots or parcels and the remaining lots or parcels
encompassing the building site are required to meet the minimum zoning requirements.
* * *
The proposed site plan shows the mixed-use building on multiple lots , with the remaining lots
providing parking and a separation from the single-family district to the south.
RECOMMENDATION:
Staff recommends that the City Commission approve the unity of title.
Attachments:
* Site plan
* Resolution approving the special use
* Resolution approving the variance
* Resolution approving the unity of title
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