10Agenda Item No:10.
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:
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 05-15-2018.docx
Madison Square East Variance Use Extension Resolution line numbers - 5-8-2018.docx
Madison Square Extension Request Letter.pdf
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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 amendingResolution No. 126-17-14927to extend the expiration of the
Variance approval for a reduction in the number of parking spaces provided for a
Mixed-Use Project on theEast Madison Square property as legally described herein.
BACKGROUND:
Resolution No. 126-17-149247was approved on June 6, 2017,granting a Varianceapprovalfor 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 Varianceapprovals
“shall lapse after one (1) yearif no building permithas 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
mustbe extendedtoallow the project to move forward.
ANALYSIS:
TheSMCRA’s delay in selecting a developer for the project is good cause for extending the
Varianceapproval.The applicant’s request, which was properly and timely made, of an
extension of one (1) year should give the applicant enoughtime to obtain the necessary
building permitfor the project.
RECOMMENDATION:
It is recommended that the City Commission approve the requested extension.
Attachments:
Resolution
Extension Request Letter, dated April 12, 2018
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RESOLUTION NO. ____________________1
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A Resolution amending Resolution No. 126-17-14927to extend the expiration 3
of the Varianceapproval for areduction in the number of parking spaces 4
provided for a Mixed-Use Project on the East Madison Square property as 5
legally described herein. 6
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WHEREAS, the South Miami Community Redevelopment Agency ("SMCRA") owns 8
several parcels on the south side of SW 64th Street and east of SW 59th Place, as follows: 5944SW 9
64th Street (folio 09-4025-010-0270), 6401 SW 59 Place (folio 09-4025-010-0280), 6411 SW 59 10
Place (folio 09-4025-010-0290), 6415SW 59th Place (folio 09-4025-010-0300), a vacant lot with 11
a folio number of 09-4025-010-0310, and 6443SW 59 Place (folio 09-4025-010-0320) 12
(collectively referred to as "East Madison Square"); and13
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WHEREAS, pursuant to Section 20-4.4of the Land Development Code (LDC), the City 15
of South Miami submitted Application PB-17-010to the Planning Board requesting approval of a 16
Varianceto grant a parking space credit of twenty-three(23) parking spaces for the mixed-use 17
project on the property; and18
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WHEREAS, the City Commission approved Resolution No. 126-17-14927on June 6, 20
2017by a vote of four (4) to one (1),granting the Variance application pursuant to LDC Section 21
20-4.4 with the condition that the approval of the requested variance be based on the conceptual 22
design plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use project; and23
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WHEREAS,Section 20-5.9(A) of the LDC provides that Variance Approvalsshall lapse 25
after one (1) year if no building permit has been applied for in accordance with the request for such 26
variance and if the City Commission has not specified a longer approval period for good cause 27
shown; and28
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WHEREAS, Section 20-5.9(B)of the LDC allows for an extension of a previously 30
approved Variance, provided a proper and timely request is made by the applicant prior to the 31
expiration of the one-year period; and32
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WHEREAS, theapplicant submitted a request for extension on April 19, 2018; and 34
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WHEREAS, the City has encountered unexpected delays in completing an agreement with 36
a developer for the development of the project; and37
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WHEREAS, the City Commission desires to amendthe expiration date.39
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 41
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:42
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Section 1. The applicant has shown good cause for extending the time to obtain a building 44
permitand therefore Section 3of Resolution No. 126-17-14927,granting a VarianceApproval for 45
the property known as East Madison Square is hereby amended to read as follows:46
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Section 3: The approval of the requested variance is based on the conceptual design 1
plan signedand sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use project which 2
is an Exhibit to the Application and which is incorporated herein by reference.The 3
approval of this Variance shall expire on June 6, 2019. 4
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Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for 6
anyreason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 7
not affect the validity of the remaining portions of this resolution.8
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Section 3. Effective Date. This resolution shall become effective immediately upon 10
adoption by vote ofthe City Commission.11
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PASSED AND ADOPTED this _______________ day of ____________________, 13
2018.14
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ATTEST:APPROVED:16
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________________________________________20
CITY CLERK MAYOR21
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READ AND APPROVED AS TO FORM,COMMISSION VOTE:23
LANGUAGE, LEGALITY AND Mayor Stoddard:24
EXECUTION THEREOF Vice-Mayor Harris:25
Commissioner Gil:26
____________________Commissioner Liebman:27
CITY ATTORNEY Commissioner Welsh:28
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