8Agenda Item No:8.
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. 123-17-14924 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 West Madison Square
property as legally described herein. 4/5
(City Manager-Planning & Zoning)
Suggested Action:
Attachments:
West_Madison_Square_Variance_Extension_Staff_Memo_05-15-2018sa.docx
Madison Square West 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. 123-17-14924to extend the expiration of the
Variance approval for a reduction in the number of parking spaces provided for a Mixed-
Use Project on theWest Madison Square property as legally described herein.
BACKGROUND:
Resolution No. 123-17-14924was approved on June 6, 2017,granting a Varianceapprovalfor a reduction
in the number of parking spaces required for a mixed-use project on the West 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. After a competitive process, 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 processfor good cause; 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 Variance
approval.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
177
RESOLUTION NO. ____________________1
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A Resolution amending Resolution No. 123-17-14924to extend the expiration 3
of the Varianceapproval for areduction in the number of parking spaces 4
provided for a Mixed-Use Project on the West Madison Square property as 5
legally described herein. 6
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WHEREAS, the City of South Miami initiated an application(number PB-17-011) requestinga 8
variancefrom Section 20-4.4of the Land Development Code (LDC) in conjunction witha Mixed-Use 9
Project located at 5978 SW 64th Street (folio 09-4025-010-0010), 6415 SW 60th Avenue (folio 09-4025-10
010-0030), 6429 SW 60th Avenue (folio 09-4025-010-0040), 6442 SW 59th Place (folio 09-4025-010-11
0180), 6420 SW 59th Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 12
09-4025-010-0050, 09-4025-010-0020, 09-4025-010-0140, and 09-4025-010-0170(collectively referred 13
to as “West Madison Square”); and14
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WHEREAS, pursuant to Section 20-4.4of the Land Development Code (LDC), the City 16
of South Miami submitted Application PB-17-011to the Planning Board requesting approval of 17
a Varianceto grant a parking space credit of seventeen (17) parking spaces for the mixed-use 18
project on the property; and19
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WHEREAS, the City Commission approved Resolution No. 123-17-14924on June 6, 21
2017by a vote of four (4) to one (1),granting the Variance application pursuant to LDC Section 22
20-4.4 with the condition that the approval of the requested variance be based on the conceptual 23
design plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use project; and24
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WHEREAS,Section 20-5.9(A) of the LDC provides that Variance Approvalsshall lapse 26
after one (1) year if no building permit has been applied for in accordance with the request for 27
such variance and if the City Commission has not specified a longer approval period for good 28
cause shown; and29
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WHEREAS, Section 20-5.9(B)of the LDC allows for an extension of a previously 31
approved Variance, provided a proper and timely request is made by the applicant prior to the 32
expiration of the one-year period; and33
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WHEREAS, theapplicant submitted a request for extension on April 19, 2018; and 35
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WHEREAS, the City has encountered unexpected delays in completing an agreement 37
with a developer for the development of the project; and38
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WHEREAS, the City Commission desires to amendthe expiration date.40
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NOW, THEREFORE, BE IT RESOLVED BY THEMAYOR 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 45
building permitand therefore Section 3of Resolution No. 123-17-14924,granting a Variance46
Approval for the property known as WestMadison Square is hereby amended to read as follows:47
178
Section 3: The approval of the requested variance is based on the conceptual 1
design plan signedand sealed by Arturo G. Fanjul, RA for the proposed Mixed-Use 2
project which is an Exhibit to the Application and which is incorporated herein by 3
reference.The 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 6
for anyreason held invalid or unconstitutional by a court of competent jurisdiction, the holding 7
shall 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 of the 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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