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Res No 084-19-15356RESOLUTION NO. 8 4 -19 -1 5 3 5 6 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 h Street and west of SW 59 h Place, as follows: 5978 SW 64" Street (folio 09-4025-010-0010), 6415 SW 60'' Avenue (folio 09-4025-010-0030), 6429 SW 60'' Avenue (folio 09-4025-010-0040), 6442 SW 59 h Place (folio 09-4025-010-0180), 6420 SW 59 h Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09- 4025-010-0050, 09-4025-010-00209, 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 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. 203-17-15004 extended the approval for an additional six (6) months; and WHEREAS, due to delays in selecting a developer, the City Commission found further good cause for extending the approval and granted an additional twelve (12) months to obtain the master building permit in Resolution 104-18-1513 7; 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. 84-19-15356 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. 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 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, 204-920 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 I P day of June, 2019. ATTEST: APPROVED: CITY C ERK 0 MAYOR RE*ANDAPVED AS O FORM, COMMISSION VOTE: 5-0 LALITMayor Stoddard: Yea Vice -Mayor Harris: Yea Commissioner Gil: Yea Commissioner Liebman: Yea ITCommissioner Welsh: Yea Page 2 of 2 Agenda Item No:11. 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. 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 Department) Suggested Action: Attachments: West Madison Square Special Use Extension Staff Memo 06182019.docx Madison Square West Special Use Extension Resolution 061819.docx Extension Request Letter June 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. 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. 203-17-15004 was approved on October 17, 2017, granting a Special Use approval to develop a three (3) story, mixed -use project on the West Madison Square property. Due to the complexities of the project, the Commission extended the approval an additional six (6) months. 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 permits with 9130 S DA1)1 1.:\ND 1',1.\'1). 1411TI: I-oo ml \,ml. 1:1_ 5 ;r15 -79 ,O21)pa! 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 0 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 60' Street and west of SW 59a' Place, as follows: 5978 SW 641' Street (folio 09-4025-010-0010), 6415 SW 60" Avenue (folio 09-4025-010-0030), 6429 SW 601h Avenue (folio 09-4025-010-0040), 6442 SW 591' Place (folio 09-4025-010-0180), 6420 SW-50 Place (folio 094025=010-0160), and vacant lots with the following folio numbers: 09- 4025-010-00503, 094025-010-0020, 094025-010-0140, and 094025-010-0170 (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 WHEREAS, 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 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 COMINIISSION OFT 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 good 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, 2019 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. 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 5th day of June , 2018. ATTEST: .APPROVED: FORM, COMNIISSION 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 60 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 'Bast 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 COMNIISSION OF THE CITY OF SOUTH MUM, 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 Afted 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 5th ATTEST: J day of June 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 10 i 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 60' Street and east of SW 59th Place, as follows: 5944 SW 64th Street (folio 09-4025-010-0270), 6401 SW 59th Place (folio 09-4025-010-0280), 6411 SW 59th Place (folio 09-4025-010-0290), 6415 SW 59th Place (folio 9-4025-010-0300), 6443 SW 59th 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 COMNIISSION 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 building extends the time of the Special Use approval to June 6, 2019. Therefore, the Special Use shall lapse ene-{)yew on June 6, 2019 if no master building permit which implements the Special Use has been issued for such use. Section 2. SeverabWty. 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 June , 2018. ATTEST: APPROVED: COMMISSION VOTE: Mayor Stoddard: Vice -Mayor Harris: Commissioner Gil: Commissioner Liebman: Commissioner Welsh: 5-0 Yea Yea Yea Yea 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 204.4 of the Land Development Code (LDC) in conjunction with a Mixed -Use Project located at 5978 SW 641 Street (folio 09-4025-010-0010), 6415 SW 601 Avenue (folio 09-4025- 010-0030), 6429 SW 601' Avenue (folio 09-4025-010-0040), 6442 SW 591' Place (folio 094025-010-0180), 6420 SW 591b Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 09-4025- 010-0050, 09-4025-010-0020, 094025-010-0140, and 09-4025-010-0170 (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 mixed -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 COMI%HSSION 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 gpproval of this Variance shall expire on June b 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. 203-17-1 5004 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 641' Street between SW 601' Avenue and SW 50 Place, as follows: 5978 SW 64d' Street (folio 094025-010-0010), 6415 SW 601h Avenue (folio 094025-010-0030), 6429 SW 60d' Avenue (folio 094025-010-0040), 6442 SW 59d' Place (folio 094025-010-0180), 6420 SW 59" Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 094025-010-0050, 09- 4025-010-00202 09-4025-010-0140, and 094025-010-0170 (collectively referred to as "West Madison Square"); and WHEREAS, the parcels are all zoned "SR" Specialty Retail except for 6443 SW 601' 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 M] AMI, FLORIDA THAT: 15 Res. No. 203-17-15004 Section I. 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 th , day ofoctoher2017. ATTEST: APPROVED: r - CITY CLERK READ AD ROVED AS SO FORM r:i J CITY A MAYOR Commission Vote: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh:. Yea Commissioner Edmond: Yea Commissioner Harris: Yea Commissioner Liebman: Yea 2 16 RESOLUTION NO. 12 6 —17 —14 9 27 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 parldng 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") 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 60 Street (folio 094025-010- 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 20-4.4 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 204.4 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 COM MSSION OF THE CITY OF SOUTH AE AWII, 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 641b Street (folio 09-4025-010-0270), 6401 SW 59 Place (folio 094025-010-0280), 6411 SW 59 Place (folio 094025-010-0290), 6415 SW 591 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 I 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 A COMMISSION VOTE: 4-1 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Nay 18 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 60' Street (folio 094025-010-0270), 6401 SW 59" Place (folio 094025-010-0280), 6411 SW 59 h Place (folio 09- 4025-010-0290), 6415 SW 59'h Place (folio 94025-010-0300), 6443 SW 59t' 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`' Street is SR with the Community Service Overlay; and NNWREAS, 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 WEEMAS, 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. AREAS, 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 4uiet 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 improvemerts 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, 20) 7 special meeting, the Planning Board following a public hearing, 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 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. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH NIIAMI, FLORIDA THAT: Section I: 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(D)(1) 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 20-4.4 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" Street (folio 094025-010-0010), 6415 SW 60'h Avenue (folio 094025- 010-0030), 6429 SW 60`h Avenue (folio 09-4025-010-0040), 6442 SW 591, Place (folio 09-4025-010- 0180), 6420 SW 50 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 204.4 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 maybe given credit for fourteen (14) on -street spaces pursuant to Section 20-4.4 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 COMIVIISSION OF THE CITY OF SOUTH M] ANII, 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-17-011) 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 094025-010-0010), 6415 SW 60`h Avenue (folio 09-4025-010-0030), 6429 SW 600h Avenue (folio 09-4025-010-0040), 6442 SW 59" Place 21 Pg. 2 of Res. No. 123-17-14924 (folio 09-4025-010-0160), 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 Exlnbit 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 6thday of June , 2017. AP ROVED?&a4 fAAy6R COMMISSION VOTE: 4-1 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Nay 22