Res No 102-18-15135RESOLUTION NO. 102-18-15135
A Resolution amending Resolution No. 125-17-14926 to extend the expiration
of the Special Use approval for an increase in height from two stories to three
stories for a Mixed-Use Project on the East Madison Square property as
legally described herein.
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns
several parcels on the south side of SW 64th Street and east of SW 59th Place, as follows: 5944
SW 64th Street (folio 09-4025-010-0270), 6401 SW 59th Place (folio 09-4025-010-0280), 6411
SW 59th Place (folio 09-4025-010-0290), 6415 SW 59th Place (folio 9-4025-010-0300), 6443 SW
59th Place (folio 09-4025-010-0320) and a vacant lot with folio number 09-4025-010-0310)
(collectively referred to as "East Madison Square"); and
WHEREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the City
of South Miami submitted Application PB-1 7-010 to the Planning Board requesting a Special Use
Approval to develop a three (3) story, mixed-use project on the property; and
WHEREAS, the City Commission approved Resolution No. 125-17-14926 on June 6,
2017 by a vote of four (4) to one (1) granting the Special Use application pursuant to LDC Section
20-3.5(D)(1) with two (2) 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.
WHEREAS, Section 20-5.8(C) of the 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"; and
WHEREAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6) months
to obtain a master building permit for good cause; and
WHEREAS, the City Commission found that good cause exists for extending the time of
the Special Use approval and granted an additional six (6) months to obtain the master building
permit in Resolution 125-17-14926; and
WHEREAS, the City has encountered unexpected delays in completing an agreement with
a developer for the development of the project; and
WHEREAS, the City Commission desires to amend the Special Use Approval for the third
floor of development and to amend the expiration date.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Page 1 of 2
Res. No. 102-18-15135
Section 1. The applicant has shown good cause for extending the time to obtain a master
building permit and therefore Section 2 of Resolution No. 0125-17-14926 granting a Special Use
Approval for the property known as East Madison Square is hereby amended to read as follows:
Section 2: The City Commission, finding that good cause exists for extending the
time of the Special Use approval .. arul hereby grants an additional six to ObtaiB the master
buildmg permit. extends the time of the Special Use approval to June 6, 2019. Therefore,
the Special Use shall lapse after OBe (1) year on June 6, 2019 if no master building permit
which implements the Special Use has been issued for such use.
Section 2. 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 3. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission ..
PASSED AND ADOPTED this 5 th day of _---=J::..:u:::n:=..:e"'----____ , 2018.
ATTEST: APPROVED:
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice-Mayor Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
Page 2 of 2
City Commission Agenda Item Report
Meeting Date: June 5,2018
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
Agenda Item No:9.
A Resolution amending Resolution No. 125-17-14926 to extend the expiration of the Special Use approval for an
increase in height from two stories to three stories for a Mixed-Use Project on the East Madison Square
property as legally described herein. 4/5
(City Manager-Planning & Zoning)
Suggested Action:
Attachments:
East Madison Square Special Use Extension Staff Memo 05-15-2018.docx
Madison Square East Special Use Extension Resolution -Revised 050818 with Line Numbers.docx
Madison Square Extension Request Letter. pdf
182
~ South'Miami
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, Planning and Zoning Director
Date: May 15, 2018
SUBJECT:
A Resolution amending Resolution No. 125-17-14926 to extend the expiration of the
Special Use approval for an increase in height from two stories to three stories for a
Mixed-Use Project on the East Madison Square property as legally described
herein.
BACKGROUND:
Resolution No. 125-17-14926 was approved on June 6, 2017, granting a Special Use approval to
develop a three (3) story, mixed-use project on the property known as East Madison Square.
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.
Due to the complexities of the project, the Commission's approval included a six (6) month
extension.
Since last June, the South Miami Community Redevelopment Agency (SMCRA) (the property
owner), issued a formal Request for Proposals for the development. Abreu Development, LLC
received approval by a majority vote from the SMCRA Board as the winning developer in the
process. These events delayed the development process; consequently, the Special Use
approval must be extended again to allow the project to move forward.
ANALYSIS:
The SMCRA's delay in selecting a developer for the project is good cause for extending the
Special Use approval. The applicant's request of an extension of one (1) year should give the
applicant enough time to obtain the necessary building permits for the project.
RECOMMENDATION:
It is recommended that the City Commission approve the requested extension.
Attachments:
• Resolution
• Extension Request Letter, dated April 12,2018
183
East Madison Square SpeCial Use Extension Request
May 15, 2018
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RECEIVED
Jerry B. Proctor,P.A. APR 1 9 2018
Pfanning and Zoning
Department
Hand Delivery
April 12, 2018
Ms. Jane Tompkins, Director
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Dear Ms. Tompkins:
Re: Application for Extension of Special Use and
Variance Approvals
Applicant: Abreu Development LLC
Property Owner: South Miami Community
Redevelopment Agency
Property: 5978 SW 64 Street, 6415 SW 60 Avenue,
6429 SW 60 Avenue, 6442 SW 59 Place, and 6420
SW 59 Place
Please accept this application for extension of special use and variance
approvals, pursuant to Section 20-5.8(C), Land Development Code.
The undersigned represents Abreu Development LLC ("Applicant"), prospective
purchaser of the City-owned property at 5978 SW 74 Street, 6415 SW 60 Avenue, 6442
SW 59 Place, and.6420 SW 59 Place, together with several vacant, contiguous lots (the
"Property"). The Applicants obtained Special Use and variance approvals on June 6,
2017, by unanimous vote of the Mayor and City Commission to permit development of a
mixed-use project on the Property. A copy of several approving Resolutions is attached
for your reference.
Since the approval of the application, the Applicant has filed a formal application
to the City for this development under a "Request for Proposals" process, The Applicant
received support by favorable vote from a City Selection Committee and received
approval by majority vote from the City's Community Redevelopment Agency (CRA)
Board as the winning developer in the process. These events have delayed the
Applicant's ability to prepare working drawings and proceed to the permitting process.
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187
Because of these issues, we request extension of permit issuance deadlines until June
6,2019 (a 12-month extension).
Thank you for your consideration.
cc: Daniel Abreu
Sincerely,
~ .;ff;Z:;~~
/. Jerry Zroctor, P.A.
Jerry B. Proctor
President
188