Res No 103-18-15136RESOLUTION NO. 103-18-15136
A Resolution amending Resolution No. 126-17-14927 to extend the expiration
of the Variance approval for a reduction in the number of parking spaces
provided 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 ofSW 64th Street and east ofSW 59th Place, as follows: 5944 SW
64th Street (folio 09-4025-010-0270), 6401 SW 59 Place (folio 09-4025-010-0280), 6411 SW 59
Place (folio 09-4025-010-0290), 6415 SW 59th Place (folio 09-4025-010-0300), a vacant lot with
a folio number of 09-4025-010-0310, and 6443 SW 59 Place (folio 09-4025-010-0320)
(collectively referred to as "East Madison Square"); and
WHEREAS, pursuant to Section 20-4.4 of the Land Development Code (LDC), the City
of South Miami submitted Application PB-17 -010 to the Planning Board requesting approval of a
Variance to grant a parking space credit of twenty-three (23) parking spaces for the mixed-use
proj ect on the property; and
WHEREAS, the City Commission approved Resolution No. 126-17-14927 on June 6,
2017 by a vote of four (4) to one (1), granting the Variance application pursuant to LDC Section
20-4.4 with the condition that the approval of the requested variance be based on the conceptual
design plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use project; and
WHEREAS, Section 20-5.9(A) of the LDC provides that Variance Approvals shall lapse
after one (1) year if no building permit has been applied for in accordance with the request for such
variance and if the City Commission has not specified a longer approval period for good cause
shown; and
WHEREAS, Section 20-5.9(B) of the LDC allows for an extension of a previously
approved Variance, provided a proper and timely request is made by the applicant prior to the
expiration of the one-year period; and
WHEREAS, the applicant submitted a request for extension on April 19, 2018; 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 expiration date.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The applicant has shown good cause for extending the time to obtain a building
permit and therefore Section 3 of Resolution No. 126-17-14927, granting a Variance Approval for
the property known as East Madison Square is hereby amended to read as follows:
Page 1 of 2
Res. No. 103-18-15136
Section 3: The approval of the requested variance is based on the conceptual design
plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use project which
is an Exhibit to the Application and which is incorporated herein by reference. The
approval of this Variance shall expire on June 6, 2019.
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 5th day of June ,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:1 O.
A Resolution amending Resolution No. 126-17-14927 to extend the expiration of the Variance approval for a
reduction in the number of parking spaces provided 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 Variance Extension Staff Memo OS-lS-2018.docx
Madison Square East Variance Use Extension Resolution line numbers -S-8-2018.docx
Madison Square Extension Request Letter.pdf
189
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. 126-17-14927 to extend the expiration of the
Variance approval for a reduction in the number of parking spaces provided for a
Mixed-Use Project on the East Madison Square property as legally described herein.
BACKGROUND:
Resolution No. 126-17-149247was approved on June 6,2017, granting a Variance approval for a
reduction in the number of parking spaces required for a mixed-use project on the East
Madison Square property. The Land Development Code (LDC) provides that Variance approvals
IIshall lapse after one {1} year if no building permit has been applied for in accordance with the
request for such variance and if the city commission has not specified a longer approval period
for good cause shown" {Section 20-5.9{A}}. However, the LDC also allows the Commission to
grant an extension to a previously approved variance if a proper and timely request is made
prior to the expiration of the one-year period {20.5.9{B}}.
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 Variance approval
must be extended 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
Variance approval. The applicant's request, which was properly and timely made, of an
extension of one {1} year should give the applicant enough time to obtain the necessary
building permit for the project.
RECOMMENDATION:
It is recommended that the City Commission approve the requested extension.
Attachments:
• Resolution
• Extension Request Letter, dated April 12, 2018
190
Jerry B. Proctor, P.A. APR 1 9 2018
Planning 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 (ILApplicant"), 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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193
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,
~/~-~
" Jer~y Zro ctor , P.A.
Jerry B. Proctor
President
194