11Agenda Item No:11.
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:
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
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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: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. 203-17-15004was 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
sectionalso provides for a period greater than six (6) months to obtain a building permit for
good cause.Due to the complexities of theproject, the Commission’s approval included a six (6)
month extension.
Since last June, the South Miami Community Redevelopment Agency (SMCRA) (the property
owner), issueda 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 toallow the project to move forward.
ANALYSIS:
TheSMCRA’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
enoughtime 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
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East Madison SquareSpecial Use Extension Request
May 15, 2018
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RESOLUTION NO. ____________________1
2
A Resolution amending Resolution No. 203-17-15004 to extend the expiration 3
of the Special Use approval for an increase in height from two stories to three 4
stories for a Mixed-Use Project on the West Madison Square property as 5
legally described herein. 6
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns 7
several parcels on the south side of SW 64th Street and west of SW 59th Place, as follows:5978 8
SW 64th Street (folio 09-4025-010-0010), 6415 SW 60th Avenue (folio 09-4025-010-0030), 6429 9
SW60th Avenue (folio 09-4025-010-0040), 6442 SW 59th Place (folio 09-4025-010-0180), 6420 10
SW 59th Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09-11
4025-010-0050, 09-4025-010-0020, 09-4025-010-0140, and 09-4025-010-0170 (collectively 12
referred to as “West Madison Square”); and13
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WHEREAS, pursuant to Section 20-3.4of the Land Development Code (LDC), the City 15
of South Miami submitted Application PB-17-008to the Planning Board requesting a Special Use 16
Approval to develop a three (3) story, mixed-use project on the property; and17
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WHEREAS, the City Commission approved Resolution No. 203-17-15004 on October 17, 19
2017by a vote of five (5)to zero (0)granting the Special Use application pursuant to LDC Section 20
20-3.5(D)(1)with two (2) conditions:(1) that the project be limited to three (3) stories; and (2) 21
that the site be developed in substantial compliance with the plans prepared by Fanjul & 22
Associates, LLC.23
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WHEREAS,Section 20-5.8(C) of the LDC provides that Special Use Approvals “shall 25
lapse after six (6) months if no master building permit which implements the special use or 26
certificate of occupancy has been issued for such use”; and27
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WHEREAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6) months 29
to obtain a master building permit for good cause; and30
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WHEREAS, theCity Commission found that good cause existedfor extending the time 32
of the Special Use approval and granted an additional six (6) months to obtain the master building 33
permit in Resolution 203-17-15004; and34
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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 Special Use Approval for the third 39
floor of development and to amend the expiration date.40
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 42
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:43
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Section 1. The applicant has shown good cause for extending the time to obtain a master 1
building permit and therefore Section 2of Resolution No. 203-17-15004,granting a Special Use 2
Approval for the property known as WestMadison Square is hereby amended to read as follows:3
4
Section 2: The City Commission, finding that good cause exists for extending the 5
time of the Special Use approvalbeyond the six-month standard limitation period and, 6
therefore, the approval of the Special Use shall lapse on June 6, 2019after one (1) yearif 7
no master buildingpermit which implements the special use has been issued for such use. 8
However, additional time may begranted pursuant to Section 20-5.8 (D) if a proper and 9
timely request is made by the applicant for anextension of time prior to the expiration of 10
the approval period. 11
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Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for 13
anyreason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 14
not affect the validity of the remaining portionsof this resolution.15
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Section 3. Effective Date. This resolution shall become effective immediately upon 17
adoption by vote of the City Commission.18
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PASSED AND ADOPTED this _______________ day of ____________________, 20
2018.21
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ATTEST:APPROVED:23
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________________________________________27
CITY CLERK MAYOR28
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READ AND APPROVED AS TO FORM,COMMISSION VOTE:30
LANGUAGE, LEGALITY AND Mayor Stoddard:31
EXECUTION THEREOF Vice-Mayor Harris:32
Commissioner Gil:33
____________________Commissioner Liebman:34
CITY ATTORNEY Commissioner Welsh:35
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