9Agenda Item No:9.
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. 125-17-14926 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 East Madison Square
property as legally described herein. 4/5
(City Manager-Planning & Zoning)
Suggested Action:
Attachments:
East Madison Square Special Use Extension Staff Memo 05-15-2018.docx
Madison Square East Special Use Extension Resolution -Revised 050818 with Line Numbers.docx
Madison Square Extension Request Letter.pdf
182
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. 125-17-14926 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 East Madison Square property as legally described
herein.
BACKGROUND:
Resolution No. 125-17-14926was approved on June 6, 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), 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 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.The applicant’s request of an extension of one (1) year should give the
applicant 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
183
East Madison SquareSpecial Use Extension Request
May 15, 2018
Page 2of 2
JKT
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C070DAE\@BCL@4C070DAE.docx
184
RESOLUTION NO. ____________________1
2
A Resolution amending Resolution No. 125-17-14926to 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 East Madison Square property as 5
legally described herein. 6
7
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: 5944 9
SW 64th Street (folio 09-4025-010-0270), 6401 SW 59th Place (folio 09-4025-010-0280), 6411 10
SW 59th Place (folio 09-4025-010-0290), 6415 SW 59th Place (folio 9-4025-010-0300), 6443 SW 11
59th Place (folio09-4025-010-0320) and a vacant lot with folio number 09-4025-010-0310) 12
(collectively referred to as “East Madison Square”); and 13
14
WHEREAS, pursuant to Section 20-3.4of the Land Development Code (LDC), the City 15
of South Miami submitted Application PB-17-010to the Planning Board requesting a Special Use 16
Approval to develop a three (3) story, mixed-use project on the property; and17
18
WHEREAS, the City Commission approved Resolution No. 125-17-14926on June 6, 19
2017by a vote of four (4) to one (1) grantingthe 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
24
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
28
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
31
WHEREAS, theCity Commission found that good cause exists for extending the time of 32
the Special Use approval and granted an additional six (6) months to obtain the master building 33
permit in Resolution 125-17-14926; and34
35
WHEREAS, the City has encountered unexpected delays in completing an agreement with 36
a developer for the development of the project; and37
38
WHEREAS, the City Commission desires to amendthe Special Use Approval for the third 39
floor of development and to amend the expiration date.40
41
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 42
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:43
44
185
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. 0125-17-14926granting a Special Use 2
Approval for the property known as East Madison 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 approval,andherebygrants an additional sixto obtain the master 6
building permit.extends the time of the Special Use approval to June 6, 2019. Therefore, 7
the Special Useshalllapse after one (1) yearon June 6, 2019if no master building permit 8
which implements the Special Use has been issued forsuch use.9
10
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for 11
anyreason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 12
not affect the validity of the remaining portions of this resolution.13
14
Section 3. Effective Date. This resolution shall become effective immediately upon 15
adoption by vote of the City Commission.16
17
PASSED AND ADOPTED this _______________ day of ____________________, 18
2018.19
20
ATTEST:APPROVED:21
22
23
24
________________________________________25
CITY CLERK MAYOR26
27
READ AND APPROVED AS TO FORM,COMMISSION VOTE:28
LANGUAGE, LEGALITY AND Mayor Stoddard:29
EXECUTION THEREOF Vice-Mayor Harris:30
Commissioner Gil:31
____________________Commissioner Liebman:32
CITY ATTORNEY Commissioner Welsh:33
34
186
187
188