Res No 104-18-15137RESOLUTION NO. 104-18-15137
A Resolution amending Resolution No. 203-17-15004 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 West 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 west of SW 59th Place, as follows: 5978
SW 64th Street (folio 09-4025-010-0010), 6415 SW 60 th Avenue (folio 09-4025-010-0030), 6429
SW 60 th Avenue (folio 09-4025-010-0040), 6442 SW 59 th Place (folio 09-4025-010-0180), 6420
SW59th 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, pursuant to Section 20-3.4 of the Land Development Code (LDC), the City
of South Miami submitted Application PB-17 -008 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. 203-17-15004 on October 17,
2017 by a vote of five (5) to zero (0) 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 existed for extending the time
of the Special Use approval and granted an additional six (6) months to obtain the master building
permit in Resolution 203-17-15004; 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. 104-18-15137
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. 203-17-15004, granting a Special Use
Approval for the property known as West 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 beyond the six-month standard limitation period and,
therefore, the approval of the Special Use shall lapse on June 6, 2019 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 2. Severabilitv. 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_----'J"'--u=n=e=---____ , 2018.
ATTEST: APPROVED:
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice-Mayor Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman: Yea
COnlmissioner Welsh: Yea
Page 2 of 2
City Commission Agenda Item Report
Meeting Date: June 5, 2018
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
Agenda Hem No:11.
A Resolution amending Resolution No. 203-17-15004 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 West Madison Square
property as legally described herein. 4/5
(City Manager-Planning & Zoning)
Suggested Action:
Attachments:
West Madison Square Special Use Extension Staff Memo 05-15-2018.docx
Madison Sq W Sp Use Ext Resolution w Nos .. docx
Madison Square Extension Request Letter.pdf
195
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: June 5, 2018
SUBJECT:
A Resolution amending Resolution No. 203-17-15004 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 West Madison Square property as legally described herein.
BACKGROUND:
Resolution No. 203-17-15004 was approved on October 17, 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. Even though there is still time left in the original extension, it was
recommended that the special use be extended by one (1) year so that the applicant has
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
196
Eas.t Madison Square Special Use Extension Request
May 15, 2018
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RECEIVED
Jerry B. Proctor, P.A. APR 1 9 2018
Ptanning 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
SW59 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.
9130 S. D.\I)EI..\ND BLVD., surl'E 1700, ;\[1.\1\11, 1'1. 33156
305.779.2924 JI'R( )C'1"( m@PROCn)\U',\.CO:--f
200
Because of these issues, we request extension of permit issuance deadlines until June
6,2019 (a 12-month extension).
Thank you for your consideration,
ee: Daniel Abreu
Sincerely,
//~ L'~,;p-7 / ~t ~ 7~"'~,;4-
/.' Jerry Groetor, P.A.
Jerry B. Proctor
President
201