Res No 082-19-15354RESOLUTION NO. 8 2 -19 -15 3 5 4
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.
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns
several parcels on the south side of SW 64 h Street and east of SW 59' Place, as follows: 5944
SW 64 h Street (folio 09-4025-010-0270), 6401 SW 59t' Place (folio 09-4025-010-0280), 6411
SW 50h Place (folio 09-4025-010-0290), 6415 SW 59t' Place (folio 9-4025-010-0300), 6443 SW
59t' Place (folio 09-4025-010-0320) and a vacant lot with folio number 09-4025-010-0310)
(collectively referred to as "East Madison Square"); and
WHEREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the City
of South Miami submitted Application PB-17-009 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. 125-17-14926 on June 6,
2017 by a vote of four (4) to one (1) granting the Special Use application pursuant to LDC
Section 20-3.4(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, given the complexity of the project, Resolution No. 125-17-14926 extended
the approval for an additional six (6) months; and
WHEREAS, due to delays in selecting a developer, the Commission found further good
cause for extending the approval and granted an additional twelve (12) months to obtain the
master building permit in Resolution 102-18-15135; and
WHEREAS, further unexpected circumstances delayed the transfer of the property to the
developer, Abreu Development, LLC until May 17, 2019; and
WHEREAS, Abreu Development, LLC has been working diligently to obtain the
necessary building permits and a waiver of the Miami Dade County impact fees; and
Page 1 of 2
Res. No. 82-19-15354
WHEREAS, Section 20-5.8(D) provides that the City Commission may grant an
extension for a previously approved special use if a proper and timely request is made by the
applicant prior to the expiration of the approval period; and
WHEREAS, the City Commission finds that a proper and timely request was made by
the applicant prior to the expiration of the approval period and the Commission desires to amend
the Special Use Approval to extend the approval to June 6, 2020.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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. 0125-17-14926, as amended by 102-
18-15135, granting a Special Use Approval for the property known as East 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, hereby extends the time of the Special Use approval to
June 6, 204-920. Therefore, the Special Use shall lapse on June 6, 204-320 if no master
building permit which implements the Special Use has been issued for such use.
Section 2. Severability. 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 18'h day of June, 2019.
ATTEST: APPROVED:
14
CITY C ERK MAYORY
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5-0
%LANGUAEGALI D Mayor Stoddard: Yea
H F Vice -Mayor Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman: Yea
Commissioner Welsh: Yea
Page 2 of 2
Agenda Item No:9.
City Commission Agenda Item Report
Meeting Date: June 18, 2019
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
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 Department)
Suggested Action:
Attachments:
East Madison Square Special Use Extension Staff Memo 06182019.docx
Madison Sq East 2019 Sp Use Ext Resolution CArev.docx
Extension Request Letter.lune 5 2019.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLFASANT LIVING 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 18, 2019
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.
RecKCRnimn!
Resolution No. 125-17-14926 was approved on June 6, 2017, granting a Special Use approval to
develop a three (3) story, mixed -use project on the East Madison Square property. Due to the
complexities of the project, the Commission extended the approval until June 2018. The
approval was extended again in.2018 after the developer selection process led to delays.
Unexpected circumstances further stalled the transfer of the property to the developer, Abreu
Development, LLC until May 17, 2019. Abreu Development has been working diligently to
obtain the master building permit and a waiver of county impact fees; however, these items are
still pending. Consequently, Abreu requests that the Special Use approval be extended to June
6, 2020.
ANALYSIS:
The unforeseen delay in transferring the property is good cause for extending the Special Use
approval.
RECOMMENDATION:
It is recommended that the City Commission approve the requested extension.
Attachments:
• Resolution
• Extension Request Letter dated June 5, 2019
2
Jerry B. Proctor, P.A.
Hand Delivery
June 5, 2019
Ms. Jane Tompkins, Director
Planning and Zoning Department
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Application for Extension of Special Use and
Variance Approvals
Property Owner: Madison Square South Miami, LLC
Property: 5978 SW 64 Street, 6415 SW 60 Avenue,
6429 SW 60 Avenue, 6442 SW 59 Place, and 6420
SW 59 Place
Dear Ms. Tompkins:
Please accept applications for extension of special use and variance approvals,
pursuant to Section 20-5.8(C), Land Development Code.
The undersigned represents Abreu Development LLC, ("Abreu") affiliated entity to
Madison Square South Miami, LLC (the "Applicants"). Madison Square South Miami LLC
is owner of the 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 "Madison
Square Property"). Abreu obtained Special Use and variance approvals in June, 2017
and October 2017, by unanimous vote of the Mayor and City Commission to permit
development of a mixed -use project on the Madison Square Property. A copy of several
approving Resolutions is attached for your reference. On June 5, 2018 the City
Commission unanimously approved one-year extensions for these matters, by attached
Resolution Nos. 102-18-15135 and 103-18-15136 (East Madison Square) and Numbers
101-18-15134 and 104-18-15137 (West Madison Square).
Since the approval of the one-year extension last summer, the Applicants have
worked extensively with the City and Miami -Dade County to achieve the desired goal of
the development of a mixed -use project on the Property with local preferences and an
affordable rent structure. The Applicants secured ownership of the Madison Square
Property on May 17, 2019, and are currently finalizing necessary building pen -nits with
9130S DAI)I:1.:\N1) lil.\ 1�L1ll' "171() \111\1i_, 5
County and City agencies for the project. In addition, the applicants are working with
County agencies to waive impact fees due to the level of affordable housing in the project.
Although we believe that completion of these items is imminent, we request a 12-month
extension in an abundance of caution.
Thank you for your consideration.
Sincerely,
Jerry B. Proctor, P.A.
Jerry B. Proctor
President
cc: Daniel Abreu
Evan Fancher
RESOLUTION NO. 10 4-18-1513 7
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 64' Street and west of SW 59' Place, as follows: 5978
SW 64;h Street (folio 09-4025-010-0010), 6415 SW 60" Avenue (folio 09-4025-010-0030), 6429
SW 601' Avenue (folio 09-4025-010-0040), 6442 SW 59" Place (folio 09-4025-010-0180), 6420
SW-55P Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09-
4025-010-00503, 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
W SAS, Section 20-5.8(C) of the LDC allows for a period greater than six (6) months
to obtain a roaster 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
WI`IEREAS, the City has encountered unexpected delays in completing an agreement with
a developer for the development of the project; and
WHERE.A►S, 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
COMNIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Page 1 of 2 7
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 wood 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, 2010 ever 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. Severab' ' . 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 June , 2018.
ATTEST:
APPROVED:
f
FORM, COMIVIISSION VOTE: 5--0
Mayor Stoddard:
Yea
Vice -Mayor Harris:
Yea
Commissioner Gil:
Yea
Commissioner Liebman:
Yea
Commissioner Welsh:
Yea
Page 2 of 2 8
RESOLUTION NO. 10 3 -18 -1513 6
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.
WHEREAS, the South Miami Community Redevelopment Agency ("SMCRA") owns
several parcels on the south side of SW 641' Street and east of SW 59' Place, as follows: 5944 SW
64th Street (folio 09-4025-010-0270), 6401 SW 59 Place (folio 09-4025-010-0280), 6411 SW 59
Place (folio 09-4025-010-0290), 6415 SW 59th Place (folio 09-4025-010-0300), a vacant lot with
a folio number of 09-4025-010-0310, and 6443 SW 59 Place (folio 09-4025-010-0320)
(collectively referred to as "East Madison Square"); and
WHEREAS, pursuant to Section 20-4.4 of the Land Development Code (LDC), the City
of South Miami submitted Application PB-17-010 to the Planning Board requesting approval of a
Variance to grant a parking space credit of twenty-three (23) parking spaces for the mixed -use
project on the property; and
WHEREAS, the City Commission approved Resolution No. 126-17-14927 on June 6,
2017 by a vote of four (4) to one (1), granting the Variance application pursuant to LDC Section
20-4.4 with the condition that the approval of the requested variance be based on the conceptual
design plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed -Use project; and
WHEREAS, Section 20-5.9(A) of the LDC provides that Variance Approvals shall lapse
after one (1) year if no building permit has 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; and
WHEREAS, Section 20-5.9(B) of the LDC allows for an extension of a previously
approved Variance, provided a proper and timely request is made by the applicant prior to the
expiration of the one-year period; and
WHEREAS, the applicant submitted a request for extension on April 19, 2018; 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 expiration date.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COIVMSSION OFT CITY OF SOUTH MIAM, FLORIDA:
Section 1. The applicant has shown good cause for extending the time to obtain a building
permit and therefore Section 3 of Resolution No. 126-17-14927, granting a Variance Approval for
the property known as East Madison Square is hereby amended to read as follows:
9
Page 1 of 2
Res. No. 103-18-15136
Section 3: The approval of the requested variance is based on the conceptual design
plan signed and sealed by Arturo G. Fanjul, RA for the proposed Nxed Use project which
is . an Exhibit to the Application and which is incorporated herein by reference. The
approval of this Variance shall expire on June 6. 2019.
Section 2. Severability. 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 Sth day of June , 2018.
INV-M�W
APPROVED:
READ PR VED F RM, COMMISSION VOTE: 5-0
ALiTY Mayor Stoddard: Yea
O THEREOF Vice-Mayor'Harris: Yea
Commissioner Gil: Yea
Commissioner Liebman: Yea
O Commissioner Welsh: Yea
Page 2of2 10
RESOLUTION NO. 10 2 -18 -151 3 5
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.
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns
several parcels on the south side of SW 640' Street and east of SW 591 Place, as follows: 5944
SW 64 h Street (folio 09-4025-010-0270), 6401 SW 59 h Place (folio 09-4025-010-0280), 6411
SW 59t' Place (folio 09-4025-010-0290), 6415 SW 59 h Place (folio 9-4025-010-0300), 6443 SW
59t' Place (folio 09-4025-010-0320) and a vacant lot with folio number 09-4025-010-0310)
(collectively referred to as "East Madison Square"); and
WHEREAS, pursuant to Section 20-3.4 of the Land Development Code (LDC), the City
of South Miami submitted Application PB-17-010 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. 125-17-14926 on June 6,
2017 by a vote of four (4) to one (1) 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 exists for extending the time of
the Special Use approval and granted an additional six (6) months to obtain the master building
permit in Resolution 125-17-14926; 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 11
Res. No. 102-18-15135
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. 0125-17-14926 granting a Special Use
Approval for the property known as East 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, and hereby
buildiRg pefmit. extends the time of the Special Use approval to June 6, 2019. Therefore,
the Special Use shall lapse Aer- ene-(1) ye on June 6, 2019 if no master building permit
which implements the Special Use has been issued for such use.
Section 2. Severabihty. 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 5 th day of
ATTEST:
June , 2018.
APPROVED:
AS TO FORM, -COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice -Mayor Harris: Yea
Commissioner Gil: Yea
4W Commissioner Liebman: Yea
Commissioner Welsh: Yea
Page 2 of 2 12
RESOLUTION NO. 101-18 —1513 4
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.
WHEREAS, the City of south Miami initiated an application (number PB-17-011) requesting a
variance from Section 20-4.4 of the Land Development Code (LDC) in conjunction with a Mixed -Use
Project located at 5978 SW 6411 Street (folio 09-4025-010-0010), 6415 SW 601 Avenue (folio 094025-
010-0030), 6429 SW 60a' Avenue (folio 09-4025-010-0040), 6442 SW 590' Place (folio 09-4025-010-0180),
6420 SW 5991 Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09-4025-
010-0050709-4025-010-0020, 094025-010-0140, and 094025-010-0170 (collectively referred to as "West
Madison Square"); and
WHEREAS, pursuant to Section 20-4.4 of the Land Development Code (LDC), the City
of South Miami submitted Application PB-17-011 to the Planning Board requesting approval of a
Variance to grant a parking space credit of seventeen (17) parking spaces for the nixed -use project
on the property; and
WHEREAS, the City Commission approved Resolution No. 123-17-14924 on June 6,
2017 by a vote of four (4) to one (1), granting the Variance application pursuant to LDC Section
20-4.4 with the condition that the approval of the requested variance be based on the conceptual
design plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed -Use project; and
WHEREAS, Section 20-5.9(A) of the LDC provides that Variance Approvals shall lapse
after one (1) year if no building permit has 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; and
WHEREAS, Section 20-5.9(B) of the LDC allows for an extension of a previously
approved Variance, provided a proper and timely request is made by the applicant prior to the
expiration of the one-year period; and
WHEREAS, the applicant submitted a request for extension on April 19, 2018; 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 expiration date.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The applicant has shown good cause for extending the time to obtain a building
permit and therefore Section 3 of Resolution No. 123-17-14924, granting a Variance Approval for
the property known as West Madison Square is hereby amended to read as follows:
Page i of 2 13
Res. No. 101-18-15134
Section 3: The approval of the requested variance is based on the conceptual design
plan signed and sealed by Arturo G. Fanjul, RA for the proposed Mixed -Use project which
is an Exhibit to the Application and which is incorporated herein by reference. The
approval of this Variance shall expire on June 6 2019.
Section 2. Severability. 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 5 th
ATTEST:
day of June , 2018.
APPROVED:
COMMISSION VOTE: 5-0
Mayor Stoddard:
Yea
Vice -Mayor Harris:
Yea
Commissioner Gil:
Yea
Commissioner Liebman:
Yea
Commissioner Welsh:
Yea
Page 2 of 2 14
RESOLUTION NO. 2 0 3 —17 —1 5 0 0 4
A Resolution, upon reconsideration, granting a special use approval for a Mixed -Use
Project on the West Madison Square property so as to allow an increase from two stories
to three stories on that parcel and for that project.
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns several
parcels on the south side of SW 64' Street between SW 60'h Avenue and SW 50 Place, as follows: 5978
SW 6411 Street (folio 09-4025-010-0010), 6415 SW 601 Avenue (folio 09-4025-010-0030), 6429 SW 6011
Avenue (folio 09-4025-010-0040), 6442 SW 59'h Place (folio 09-4025-010-0180), 6420 SW 591 Place
(folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09-4025-010-0050, 09-
4025-010-00202 09-4025-010-0140, and 09-4025-010-0170 (collectively referred to as "West Madison
Square"); and
WHEREAS, the parcels are all zoned "SR" Specialty Retail except for 6443 SW 60' Avenue,
which is zoned "RS-4" Single -Family; and
WHEREAS, the SR district allows a maximum building height of four (4) stories or fifty (50) feet
pursuant to Section 20-3.5G of the Land Development Code (LDC); and
WHEREAS, LDC Section 20-3.5(D) provides that, if a property is abutting a single-family zoning
district the maximum height of any new building on that property is limited to two stories, however,
additional height may be obtained via the special use process set forth in Section 20-5.8; and
WHEREAS, adjacent to the site on the north, south and west are single-family residential districts;
and
WHEREAS, Planning Board application PB-17-008 requesting a special use approval to develop
a three (3) story, mixed -use project on the site was considered by the City Commission on June 6, 2017 and
failed to garner the four (4) votes requires for approval; and
WHEREAS, pursuant to LDC Section 20-6.1(A)(3)(e), a commission member instructed the
Clerk to add the application to the City Commission agenda for reconsideration without the introduction of
any new evidence or argument of the proponent or the opposition; and
WHEREAS, Section 20-5.8(C) of the LDC provides that an approval shall lapse after six (6)
months if no master building permit which implements the special use has been issued for such use. The
city commission may specify a longer approval period for good cause; and
WHEREAS, at the May 30, 2017 special meeting, the Planning Board following a public hearing,
voted to recommend approval application PB-17-008 by a vote of five (5) ayes, one (1) nay; with two
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 and attached hereto as "Exhibit A", and
WHEREAS, staff and the Planning Board also recommend that the approval period be extended
beyond six (6) months; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIANII, FLORIDA THAT: 15
Res. No. 203-17-15004
Section 1. Application PB-17-008 requesting a third floor of development for the West Madison
Square mixed use development project, pursuant to Section 20-3.5(D)(1) of the land development code, is
hereby approved upon reconsideration with the following conditions: that the project be limited to three (3)
stories and that the site be developed in substantial compliance with the plans prepared by Fanjul &
Associates, LLC and attached hereto as "Exhibit A".
Section 2. The approval of the Special Use shall lapse 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 3. Severability. 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 4. Effective Date. This resolution shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED thisl 7 i-h, day ofoetobex2017.
ATTEST: APPROVED:
aitl FM
'I,
. i 02
READ AbOMPPROVED AS SO FORM
THEREOF:
CITY A
U_ : GM
Commission Vote:
5 _ 0
Mayor Stoddard:
Yea
Vice Mayor Welsh:,
Yea
Commissioner Edmond:
Yea
Commissioner Hams:
Yea
Commissioner Liebman:
Yea
2 16
RESOLUTION NO. 12 6 —17 —14 9 2 7
A Resolution relating to a request for a variance from Section 20-4.4 and other applicable
provisions of the City of South Miami Land Development Code to allow a reduction in the
number of parldng spaces provided for a Mied-Use Project on the East Madison Square
property as legally described herein.
WHEREAS, the South Miami Community Redevelopment Agency ("SMCRA") initiated an
application (number PB-17-010) requesting a variance from Section 20-4.4 of the Land Development
Code (LDC) in conjunction with a Mixed -Use Project located at 5944 SW 64" Street (folio 09-4025-010-
0270), 6401 SW 59 Place (folio 09-4025-010-0280), 6411 SW 59 Place (folio 09-4025-010-0290), 6415
SW 591h Place (folio 09-4025-010-0300), a vacant lot with a folio number of 09-4025-010-0310, and 6443
SW 59 Place (folio 09-4025-010-0320) (collectively referred to as "East Madison Square"); and
WHEREAS, the Mixed -Use Project will consist of approximately 3,566 square feet of ground
floor commercial space and twenty (20) residential units; and
WHEREAS, pursuant to Section 204.4 of the LDC, the project is required to provide a total of
fifty-four (54) parking spaces; and
WHEREAS, the proposed project provides twenty-six (26) parking spaces on -site and may be
given credit for five (5) on -street spaces pursuant to Section 20-4.4 of the LDC for a total of thirty-one
(31) parking spaces; and
WHEREAS, the SMCRA is requesting a variance to allow a reduction in the number of required
parking spaces; and
WHEREAS, the approval of a variance requires a review by the Planning Board and a
recommendation to approve, deny or approve with conditions, as well as the approval of the City
Commission after a public hearing; and
WHEREAS, at special meeting on May 30, 2017, the Planning Board held a public hearing on
the application, considered each of the variance criterion listed in Section 20-5.9 of the LDC and voted
five (5) ayes to one (1) nay to recommend approval of the variance requested; and
WHEREAS, the Mayor and City Commission of the City of South Miami, having considered
each of the variance criterion listed in Section 20-5.9 of the LDC and having found that those conditions
have been met, desire to approve the application for the variance.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIANII, FLORIDA THAT:
Section 1. The recitals set forth in this resolution are true and they are supported by competent
substantial evidence and they are incorporated into this resolution by reference as if set forth in full
herein.
Section 2. The application (number PB-17-010) submitted by the South Miami Community
Redevelopment Agency ("SMCRA") requesting a variance to reduce the number of required parking
spaces from fifty-four (54) to thirty-one (31) for the proposed Mixed -use project located at 5944 SW 641h
Street (folio 094025-010-0270), 6401 SW 59 Place (folio 094025-010-0280), 6411 SW 59 Place (folio
094025-010-0290)31 6415 SW 591h Place (folio 09-4025-010-0300), a vacant lot with a folio number of
17
.Pg. 2 of Res. No. 126-17-14927
09-4025-010-0310, and 6443 SW 59 Place (folio 09-4025-010-0320), South Miami, Florida is hereby
approved.
Section 3. The approval of the requested variance is based on the conceptual design plan signed
and sealed by Arturo G. Fanjul, RA for the proposed Mixed Use project which is an Exhibit to the
Application and which is incorporated herein by reference.
Section 4. Severability. 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 5. Effective Date. This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 6 th day of June , 2017.
M W-Pov
MAYA
A. Z�-� I I A''-" A" - J -
READ AND P VED AS TO FORM, COMMISSION VOTE:
4-1
LE AL Mayor Stoddard:
Yea
O Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Edmond:
Yea
CITt A17bRREY Commissioner Liebman:
Nay
RESOLUTION NO.125-17-14926
A Resolution pursuant to Section 20-3.5(D)(1) and other applicable
provisions of the South Miami Land Development Code approving an
increase from two stories to three stories for a Mixed -Use Project on the
East Madison Square property as legally described herein.
WHEREAS, the South Miami Community Redevelopment Agency (SMCRA) owns several
parcels on the south side of SW 64'h Street and east of SW 59 Place, as follows: 5944 SW 641h Street
(folio 094025-010-0270), 6401 SW 59h Place (folio 094025-010-0280), 6411 SW 59`h Place (folio 09-
4025-010-0290), 6415 SW 59 h Place (folio 9-4025-010-0300), 6443 SW 59 h Place (folio 094025-010-
0320) and a vacant lot with folio number 09-4025-010-0310) (collectively referred to as "East Madison
Square"); and
WHEREAS, the parcels are all zoned "SR' Specialty Retail that a small strip of 5944 SW 64`h
Street is SR with the Community Service Overlay; and
WHEREAS, the SR district allows a maximum building height of four (4) stories or fifty (50)
feet pursuant to Section 20-3.5G of the Land Development Code (LDC); and
WHEREAS, LDC Section 20-3.5(D) provides that, if a property is abutting a single-family
zoning district the maximum height of any new building on that property is limited to two stories,
however, additional height may be obtained via the special use process set forth in Section 20-5.8; and
WHEREAS, the City of South Miami has submitted application PB-17-010 requesting a special
use approval to develop a three (3) story, mixed -use project on the site; and
WHEREAS, adjacent to the site on the north, south and east are single-family residential
districts; and
WHEREAS, Section 20-3.5(D)(1) stipulates that additional project height may be obtained via
the special use permit process as set forth in Section 20-5.8, the pertinent parts of which are as follows:
20-5.8 Special use approvals.
(B)Required Conditions.
(1) Prior to approving a special use, the city commission shall find that such use meets the
conditional requirements set forth in Section 20-3.4 and that it
(a) Will not adversely affect the health or safety of persons residing or working in the
vicinity of the proposed use;
(b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and
(c) Complies with all other applicable Code provisions.
(2) Additional Conditions. The city commission may designate such additional conditions in
connection with a special use as will, in its opinion, assure that such use will conform to
the foregoing requirements.
WHEREAS, Section 20-3.4 sets forth general requirements for special use approvals as well as
special requirements for specific types of uses; and
WHEREAS, the general requirements of Section 20-3.4 are as follows:
19
Res. No. 125-17-14926
(1) All such uses shall comply with all requirements established in the appropriate zoning district,
unless additional or more restrictive requirements are set forth below or by the City
Commission.
(2) All such uses shall be determined to be of a compatible and complementary nature with any
existing, planned or anticipated surrounding uses.
(3) A public hearing shall be held by the City Commission to determine the overall compatibility
of the use with the surrounding neighborhood.
(4) If a special use is, in the future, determined by the Director of the Planning and Zoning
Department or the City Commission, to be adversely affecting the health, safety or welfare,
including quiet enjoyment, of persons residing or working in the vicinity of the proposed use,
or otherwise to be detrimental to the public welfare or property or improvements in the
surrounding neighborhood, or to be not in compliance with any other applicable Code
provisions, the special use approval may be modified, with conditions of approval revised or
added to alleviate such adverse effect, or revoked by the City Commission upon notification
and public hearing.
WHEREAS, Section 20-3.4 does not provide any specific requirements for a Special Use approval
pertaining to an increase in the number of stories; and
WHEREAS, Section 20-5.8(C) of the LDC provides that an approval shall lapse after six (6)
months if no master building permit which implements the Special Use has been issued for such use. The
City Commission may specify a longer approval period for good cause; and
WHEREAS, the Special Use review process requires a recommendation from the Planning Board
and the approval of the City Commission after a public hearing; and
WHEREAS, at the May 30, 2017 special meeting, the Planning Board following a public heating,
voted to recommend approval application PB-17-010 by a vote of five (5) ayes, one (1) nay; with two
conditions: (1) that the project be limited to three (3) stories; and (2) that the site be developed insubstantial
compliance with the plans prepared by Fanjul & Associates, LLC and attached hereto as "Exhibit A"; and
WHEREAS, staff and the Planning Board also recommend that the approval period be extended
beyond six (6) months.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMM'SSION
OF THE CITY OF SOUTH NIIAM FLORIDA THAT:
Section 1: Application PB-17-010 submitted by the applicant, the South Miami Community
Redevelopment Agency (SMCRA), for review and approval of a third floor of development for the East
Madison Square mixed use development project, pursuant to Section 20-3.5(Dxl) of the land development
code, is hereby approved with two 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 and
attached hereto as `Exhibit A", unless amended with approval of the City Commission and the SMCRA by
written resolution.
Section 2: The City Commission, finding that good cause exists for extending the time of the
Special Use approval and hereby grants an additional six months to obtain the master building permit.
20
RESOLUTION NO.123-17-14924
A Resolution relating to a request for a variance from Section 204.4 and other applicable
provisions of the City of South Miami Land Development Code to allow a reduction in the
number of parking spaces provided for a Mixed -Use Project on the West Madison Square
property as legally described herein.
WHEREAS, the City of South Miami initiated an application (number PB-17-011) requesting a
variance from Section 20-4.4 of the Land Development Code (LDC) in conjunction with a Mixed -Use
Project located at 5978 SW 64`h Street (folio 09-4025-010-0010), 6415 SW 60`h Avenue (folio 094025-
010-0030), 6429 SW 60`h Avenue (folio 094025-010-0040), 6442 SW 59 h Place (folio 09-4025-0 10-
0180),6420 SW 590 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, the Mixed -Use Project will consist of approximately 8,868 square feet of ground
floor commercial space and twenty (20) residential units; and
WHEREAS, pursuant to Section 20-4.4 of the LDC, the project is required to provide a total of
seventy -two (72) parking spaces; and
WHEREAS, the proposed project provides forty-one (41) parking spaces on -site and may be
given credit for fourteen (14) on -street spaces pursuant to Section 204.4 of the LDC for a total of fifty-
five (55) parking spaces; and
WHEREAS, the City is requesting a variance to allow a reduction in the number of required
parking spaces; and
WHEREAS, the approval of a variance requires a review by the Planning Board and a
recommendation to approve, deny or approve with conditions, as well as the approval of the City
Commission after a public hearing; and
WHEREAS, at special -meeting on May 30, 2017, the Planning Board held a public hearing on
the application, considered each of the variance criterion listed in Section 20-5.9 of the LDC and voted
five (5) ayes to one (1) nay to recommend approval of the variance requested; and
WHEREAS, the Mayor and City Commission of the City of South Miami, having considered
each of the variance criterion listed in Section 20-5.9 of the LDC and having found that those conditions
have been met, desire to approve the application for the variance.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH NIIANII, FLORIDA THAT:
Section 1. The recitals set forth in this resolution are true and they are supported by competent
substantial evidence and they are incorporated into this resolution by reference as if set forth in full
herein.
Section 2. The application (number Pl3-17-0 l 1) submitted by the City of South Miami requesting
a variance to reduce the number of required parking spaces from seventy-two (72) to fifty-five (55) for
the proposed Mixed -use project located at 5978 SW 64'h Street (folio 09-4025-010-0010), 6415 SW 60`h
Avenue (folio 09-4025-010-0030), 6429 SW 60`h Avenue (folio 09-4025-010-0040), 6442 SW 59" Place
21
Pg. 2 of Res. No. 123-17-14924
(folio 094025-010-0160), and vacant lots with the following folio numbers: 09-4025-010-0050, 09-
4025-010-0020, 094025-010-0140, and 09-4025-010-0170, South Miami, Florida is hereby approved.
Section 3. The approval of the requested variance is based on the conceptual design plan signed
and sealed by Arturo G. Fanjul, RA for the proposed Mixed -Use project which is an Exhibit to the
Application and which is incorporated herein by reference.
Section 4. Severability. 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 S. Effective Date. This resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this 6thday of June , 2017.
i
AP ROVED?4JJV04
Y R
COMMISSION VOTE:
4-1
Mayor Stoddard:
Yea
Vice Mayor Welsh:
Yea
Commissioner Hams:
Yea
Commissioner Edmond:
Yea
Commissioner Liebman:
Nay
22