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Res No 128-19-15400RESOLUTION NO. 12 8 —1 9 —1 5 4 0 0 A Resolution relating to a Variance application to reduce the minimum off- street parking space requirement for a mixed -use project on both the East and West Madison Square properties as legally described herein. WHEREAS, Madison Square South Miami, LLC, submitted an application (number PB-19-017) requesting a variance from Section 20-4.4 of the Land Development Code (LDC) in conjunction with a development 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 09-4025-010- 0180), 6420 SW 59t' 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 5944 SW 641 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 591' Place (folio 09- 4025-010-0300), a vacant lot with a folio number of 094025-010-0310, and 6443 SW 59 Place (folio 09- 4025-010-0320) (collectively referred to as "East Madison Square"); and WHEREAS, the West Madison Square Project will consist of approximately 8,868 square feet of ground floor commercial space and twenty (20) residential units on West Madison Square and would require seventy-two (72) parking spaces pursuant to LDC Section 204.4; and WHEREAS, Resolution #123-17-14924 granted a parking variance to reduce the number of parking spaces at West Madison Square to fifty-five (55) spaces, fourteen (14) of which would be located on the adjacent streets; and WHEREAS, the proposed development of East Madison Square consists of 3,566 square feet of commercial space and twenty (20) residential units on East Madison Square and would require fifty-five (55) parking spaces pursuant to Land Development Code Section 20-4.4; and WHEREAS, Resolution #126-17-14927 granted a parking variance to reduce the number of parking spaces at East Madison Square to thirty-one (31) spaces, five (5) of which would be located on the adjacent streets; and WHEREAS, the expiration dates of the resolutions were extended as provided in LDC 20- 5.9(B); and WHEREAS, due to unforeseen circumstances, development of the parking spaces along SW 641 Street is no longer an option, therefore the project will have fewer spaces available; 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, on September 10, 2019, 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 unanimously 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. Page 1 of 2 Resolution No. 128-19-15400 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, 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-19-017) submitted by Madison Square South Miami, LLC, requesting a further variance from Section 204.4 of the Land Development Code (LDC) in conjunction with a development at 5978 SW 64th Street (folio 094025-010-0010), 6415 SW 601 Avenue (folio 09-4025-010-0030), 6429 SW 601 Avenue (folio 094025-010-0040), 6442 SW 591 Place (folio 09-4025-010-0180), 6420 SW 591 Place (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 094025-010-0050, 09-4025-010-0020, 094025-010-0140, and 094025-010-0170 (collectively referred to as "West Madison Square") and 5944 SW 64' Street (folio 09-4025-010-0270), 6401 SW 59 Place (folio 094025-010-0280), 6411 SW 59 Place (folio 09-4025-010-0290), 6415 SW 59' Place (folio 094025-010-0300), a vacant lot with a folio number of 09-4025-010-0310, and 6443 SW 59 Place (folio 094025-010-0320) (collectively referred to as "East Madison Square")to further reduce the number of required parking spaces to forty-nine (49) for West Madison Square and twenty-six (26) for East Madison Square is hereby approved; and Section 3. The approval of the requested variance includes, as an Exhibit to the Application, the conceptual design plan signed and sealed by Arturo G. Fanjul, RA and dated August 22, 2019 for the proposed Mixed -Use project 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 II I day of October, 2019. ATTEST: p APPR V (� fC CITY C ERK I MAY R READ ANDAPPRPVED AS TO FORM, COMMISSION VOTE: 4-1 LANG LE ALITY N Mayor Stoddard: Yea E ERE Vice Mayor Harris: Nay Commissioner Gil: Yea Commissioner Liebman: Yea CITY O NEY Commissioner Welsh: Yea Page 2 of 2 Agenda Item No:5. City Commission Agenda Item Report Meeting Date: October 1, 2019 Submitted by: Jane Tompkins Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: A Resolution relating to a Variance application to reduce the minimum off-street parking space requirement for a mixed -use project on both the East and West Madison Square properties as legally described herein. 4/5 (City Manager -Planning Dept.) Suggested Action: Attachments: Cover Memo Madison Square Variance.docx Parking Variance_Resolution_Madison_Square#s.docx Application.pdf Letter of Intent.pdf Warranty Deed.pdf Reso 1231714924.pdf Reso 1271714927.pdf RDR Miami - Mailing Label Affidavit dated August 19, 2019.pdf RDR Miami 500 Ft Radius Map.pdf Neighborhood Awareness Letter Package dated August 20, 2019.pdf ECS1607-0016-11 Alta Survey SS Madison Square.pdf 18-0501- EAST- LOT- ROW-A0.1. pdf 18-0501MADI SON -WEST LOT SITE-A0.1-ROW.pdf PB-19-017 - Draft PB Regular Meeting Minutes Excerpt - 09-10-2019.pdf MDBR Ad - 10.01.19.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER South Miami THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, AICP, Planning and Zoning Director DATE: October 1, 2019 SUBJECT: A Resolution relating to a Variance application to reduce the minimum off-street parking space requirement for a mixed -use project on both the East and West Madison Square properties as legally described herein. BACKGROUND: Madison Square South Miami, LLC, the owner of the parcels located along SW 64th Street on both sides of SW 59th Place, is in the process of developing the properties into mixed -use buildings containing affordable housing units and commercial uses. Due to the lot configurations and sizes, the City Commission adopted resolutions on June 6, 2017 approving parking space variances for the projects known as Madison Square East (East) and Madison Square West (West). Through those approvals, the Commission reduced the number of required spaces for the East parcel to thirty-one (31) where fifty-four (54) spaces were required and reduced the number for the West parcel to fifty-five (55) where seventy-two (72) spaces were required. At that time, the plans included on -street parking along SW 64th Street that was counted in the number of spaces to be provided. Since that time, due to unforeseen circumstances, these on -street spaces will no longer be provided. Without these spaces, the plans do not comply with the parking required by the 2017 resolutions and the applicant is requesting a variance to further reduce the number of spaces. The request is to allow twenty-six (26) spaces where thirty-one (31) spaces were required by the initial variance for the East property, and to permit forty-nine (49) spaces where fifty-five (55) spaces were required for the West property. ANALYSIS: The project proposed for the East property consists of approximately 3,566 square feet of commercial space and twenty (20) housing units. Based on this design, a total of fifty-four (54) parking spaces was originally required per Section 20-4.4 of the LDC. Via Resolution #126-17- 14927, the minimum parking space requirement for the project was reduced to thirty-one (31) spaces which is a reduction of twenty-three (23) parking spaces. 3 Madison Square Parking Space Variance Request October 1, 2019 Page 2 of 4 Additionally, the project proposed for the West property consists of approximately 8,811 square feet of commercial space and twenty (20) housing units. Based on this design, a total of seventy- two (72) parking spaces was originally required per Section 20-4.4 of the LDC. Via Resolution #123-17-14924, the minimum parking space requirement for the project was reduced to fifty- five (55) spaces which is a reduction of seventeen (17) parking spaces. This reduction in parking allowed for the following breakdown: PARKING SPACE BREAKDOWN WITH SW 64TH STREET ON -STREET PARKING SPACES INCLUDED Off -Street Parking Spaces On -Street Parking Spaces Total Number of Spaces Provided Madison Square East 26 5 31 Madison Square West T__41 14 55 Due to unforeseen circumstances, both projects will lose the on -street parking spaces along SW 64th Street, bringing them out of compliance with the respective resolutions. The East property will lose five (5) on -street parking spaces, and the West property will lose six (6) on -street spaces. Based on the plans provided, the revised breakdown of the amount of parking proposed for both projects will be: PARKING SPACE BREAKDOWN WITHOUT SW 64TM STREET ON -STREET PARKING SPACES Off -Street Parking Spaces On -Street Parking Spaces Total Amount of Parking Provided Madison Square East 26 0 26 Madison Square West 41 8 1 49 The Applicant's letter does not recognize the previous parking space variances. The table below provides a breakdown of the parking requirements and reductions per property: REQUESTED PARKING SPACE REDUCTION PER VARIANCE Spaces 1st Variance 2nd Variance Total Total Required by Reduction Reduction Reduction Spaces Code Provided Madison Square 54 23 5 28 26 East Madison Square 72 17 6 23 49 West 4 XT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FCOC49DB\@BCL@FCOC49DB.docx Madison Square Parking Space Variance Request October 1, 2019 Page 3 of 4 Section 20-5.9 of the LDC, Variance approvals, provides the standards against which applications must be reviewed. More specifically, Section 20-5.9(H) provides that variance approvals shall be based on an affirmative finding as to each of five (5) criteria. The applicant has provided his opinion of how the criteria are satisfied in the Letter of Intent included in the Application Package. The following is Staffs analysis of the proposed variance request: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; Due to the size of both the East and West properties, it has proven difficult to provide both affordable housing as well as the parking required for such housing and ancillary uses that would satisfy the LDC. A variance of this nature would ease a requirement that would hinder the development of affordable housing in the City which is desperately needed. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; Development of the property is limited by its size, dimensions, and the code requirements that limit height and impervious coverage. These factors combine to make it difficult to comply with the parking requirements. Further, denial of the variance will impede the development of much needed affordable housing for South Miami and commercial tenants that will offer essential goods and services within walking distance of many residents. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The neighborhood was platted with small, narrow lots that make it difficult to assemble sites large enough to accommodate a mixed -use development that complies with all the current LDC requirements and meets the community's objectives. Furthermore, the improvement plans for SW 64th Street could not accommodate the on -street parking that was originally anticipated. Consequently, the extraordinary conditions and circumstances do not result from the actions of the applicant. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The project is designed to help achieve the community's goal of providing as many affordable units as possible, while still being sensitive to the scale of the surrounding neighborhood and limiting impacts on the nearby neighborhood. While a parking structure might allow additional parking, it's unlikely that a structure would fit on the property. Further, if a structure was physically possible, the building would be disproportionate and out of keeping with the character of the neighborhood. Consequently, the requested variance is the minimum necessary to make possible the reasonable use of the land. 5 XT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FCOC49DB\@BCL@FCOC49DB.docx Madison Square Parking Space Variance Request October 1, 2019 Page 4 of 4 S. That the approval of the variance will be in consistent with the general intent and purpose of the land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The purpose of the SR district is "to maintain the basic specialty retail character of the Sunset Drive commercial area by encouraging comparison retail uses at the pedestrian -oriented grade level and office and residential uses on the upper floors of all buildings" (Sec. 20- 3.1(14)). All other properties with an SR designation are in the Hometown District Overlay and, as such, are not required to provide any parking for their site. Further.. Parking reductions for mixed -use buildings are not uncommon. If that type of reduction were available for this project, it is possible that the parking spaces provided for the two (2) projects would be consistent with the proposal. Consequently, approval of the variance will be consistent with the general intent and purpose of the LDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. PLANNING BOARD RECOMMENDATION: After a public hearing on September 10, 2019, the Planning Board unanimously recommended approval of application. STAFF RECOMMENDATION: Staff recommends that the City Commission grant the requested parking space variance. ATTACHMENTS: • Resolution • Application, dated August 26, 2019 • Letter of Intent, dated August 20, 2019 • Warranty Deed • Resolution #123-17-14924 • Resolution #127-17-14927 • RDR Miami — Public Hearing Notification Specialists — Mailing Label Affidavit, dated August 19, 2019 • RDR Miami — Public Hearing Notification Specialists — 500 Ft. Radius Map • Neighborhood Awareness Letter Package, dated August 20, 2019 • Architectural Plans • Survey • Combined East Parcel - Ground Floor Site Plan, sheet A0.1 • Combined West Parcel - Ground Floor Site Plan, sheet A0.1 • Excerpt of September 10, 2019 Planning Board meeting minutes JKT C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FCOC49DB\@BCL@FCOC49DB.docx T � South Miami THE CITY OF PLEASANT LIVING City ®f South Miami Planning & Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326; Fax: (305) 666-4591 4nnlirntinn for Public Nearing hefore Planning Board & City Commission Address of Subject Property: Lot(s) Block Subdivision SEE ATTACHED LETTER OF INTENT PB - Meets & Bounds: Applicant: Madison Square South Miami, LLC Phone: 786-485-4174 Representative: Jerry B. Proctor, Esq. Organization: Jerry B. Proctor, PA Address: 9130 S. Dadeland Blvd., Suite 1700, Miami, FL 33156 Phone: 305-779-2924 Property Owner: Madison Square South Miami, LLC Signatu Mailing Address: 14011 SW 20 Street, Miami, FL 33175 Phone: 786-485 174 Arch itect/Engineer: Phone: Arturo Fanjul 305-726-8613 AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: V Owner Owner's Representative Contract to purchase Option to purchase Tenant/Lessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: PLEASE CHECK THE APPROPRIATE ITEM: _ Text Amendment to LDC VVariance _ Zoning Map Amendment _Special Use PUD Approval Special Exception _ PUD Major Change Abandonment of ROW Cther (Waiver of Plat) Briefly explain application and cite specific Code sections: SEE ATTACHED LETTER OF INTENT Section: Subsection: Page #: Amended Date: SUBMITTED MA 'LEASE CHECK ALL THAT APPLY: _ Letter of intent _ Justifications for change _ Statement of hardship _ Proof of ownership or letter from owner _ Power of attorney Contract to purchase _ Current survey (1 original sealed and signed/1 reduced copy @ 11" x 17") _ 15 copies of Site Plan and Floor Plans 24 x 36", 1 reduced copy @ 11" x 17" Affidavit -Receipts attesting to mail notices sent Petition Mailing labels (3 sets) and map _ Required Fee(s) The u rsigned has read this cornRowledge ted application and represents that the information and all submitted materials are true and co the best of applicant's and � C r�, pplicant's S' ature and title Print Name Date Upon r ipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applic le regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 0 Z:\Forms\Current Planning Department Forms\Planning Department Forms\Planning Board\PB - Public Hearing Application - Revised 12-18-2015.doc Jerry B. Proctor, P.A. Hand Delivery August 20, 2019 Ms. Jane Tompkins, Director Planning and Zoning Department City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: 5978 SW 64 Street — 09-4025-010-0010 6415 SW 60 Avenue - 09-4025-010-0030 6429 SW 60 Avenue - 09-4025-010-0040 6442 SW 59 Place - 09-4025-010-0180 6420 SW 59 Place - 09-4025-010-0160 Vacant property - 09-4025-010-0050 Vacant property - 09-4025-010-0020 Vacant property - 09-4025-010-0140 Vacant property - 09-4025-010-0170 ("West Madison Square") 5944 SW 64 Street - 09-4025-010-0270 6401 SW 59 Place - 09-4025-010-0280 6411 SW 59 Place - 09-4025-010-0290 6415 SW 59 Place - 09-4025-010-0300 Vacant Property - 09-4025-010-0310 6443 SW 59 Place — 09-4025-010-0320 ("East Madison Square") Dear Ms. Tompkins: Please accept this Letter of Intent requesting variances to reduce the number of provided parking spaces from 55 to 49, for the above property commonly known as West Madison Square and from 31 to 26 for the above property commonly known as East Madison Square. History This property is the site of the long-awaited Madison Square mixed -use development located south of SW 64'h Street, east and west of SW 59 Place. After decades of failed attempts by other developers, Abreu Development, LLC spearheaded an effort to develop an affordable residential project in this area with a ground -floor retail 91305 I )AUI'J, 1SP W NU., SGI'1'G 1-00, MIAMI, N_ 33136 10 305 779 2')24 1 PRi n aI OR a PRO( I ORPA.COM component (Family Dollar) and obtained approval of all necessary real estate entitlement transactions and all require land use action in 2017. Madison Square South Miami, LLC, (the "Applicant"), an entity formed by Abreu Development, LLC, now owns the property. Parking Variance In 2017, a variance of parking requirements to permit 55 parking spaces where 72 spaces were required was granted by the City Commission for West Madison Square, as was a variance to permit 31 parking spaces where 54 spaces were required for East Madison Square. Change in Circumstances Approval of the parking variance in 2017 was based on adjacent rights of way, including SW 64th Street. Due to circumstances beyond the control of the property owner, the SW 64th Street on -street spaces will no longer be provided. Therefore, please accept this application to permit 49 spaces where 72 spaces are required for West Madison Square, and to permit 26 spaces where 54 spaces are required for East Madison Square. Justification 1. The Variances are necessary to relieve particular extraordinary conditions relating to a specific property. The Applicant relied on the provision by the City of adjacent parking within the right-of-way of SW 64th Street in front of both properties, in their site planning and transactional work to obtain and entitle the properties. The City's inability to fund and develop parking on SW 64th Street is an extraordinary condition which is worthy of relief. 2. Denial of the variances would result in hardship to the property owner. The property owner has acquired property, obtained financing and designed a mixed -use development in reliance of certain on -street parking supplementing parking on the private property. These hardships do not apply to other property owners in the vicinity. 3. The extraordinary conditions and circumstances do not result from the actions of the Applicant. The Applicant has not impaired the ability of the City to provide the promised parking at any point. 4. The requested variances are the minimum necessary to make possible the reasonable use of the land, building or structure. The development intensity of the Madison Square project was reduced considerably during the initial review process. The mixed -use development is designed with a level of parking that will remain compatible for the reasonable use of the land. 5. That the approval of the variances will be consistent with the general intent and purpose of the Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The proposed parking will meet the maximum demands on the Property and the synergy of 11 the proposed uses will be a public benefit, and consistent with the City's Comprehensive Plan. Thank you for your consideration. Sincerely, Jerry B. Proctor, P.A. Jerry B. Proctor President Cc Daniel Abreu Evan Fancher 12 CFN 2019R0307249 OR BK 31446 F9 s 4304-430? (6Ps s ) REz:nRDED 05 /i7 /2(l1Ll 12:50 * 2a UPI) I) OOC I AX $0 , 64 SURTAX 0- 45 NARVEY ROMP? CLERK OF c;,Ui►k C IiIAMI—DACE COIJkly, FLOR10 i This instrument was prepared by: Thomas F. Pepe, General Counsel City of South Miami Community Redevelopment Agency 1450 Madruga Avenue, Ste 202 Coral Gables, Florida 33146 SPECIAL WARRANTY DEED THIS INDENTURE, made this 3rd day of A 4 , 2019, between South Miami Community Redevelopment Agency, a comm ty redevelopment agency of the City of South Miami, a Florida municipal corporation, whose address is 5825 SW 68th Street, Suite 4, Office 400, South Miami, Florida 33143 (hereinafter referred to as "Grantor") and Madison Square South Miami, LLC, a Florida limited liability company (hereinafter referred to as "Grantee"). (Grantor and Grantee collectively referred to as the `Parties"). WITNESSETH, that said Grantor, for and in consideration of the $um of Ten Dollars ($10.00), given or in hand paid by said Grantee to Grantor, and other good and valuable in kind consideration in the form of promises of the Grantee as described in that certain Development Agreement between the Grantor and the Grantee dated on or about the date hereof (the "Development Agreement"), the Purchase and Sale Agreement, and the Land Use Restriction Agreement between the Grantor and the Grantee dated on or about the date hereof ("LURA"), the latter of which has been recorded contemporaneously with this deed and all of which were contemporaneously executed by the Grantor and Grantee, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained and sold to said Grantee, and Grantee's heirs and assigns forever, the following described land situated, lying and being in Mianu-Dade County, State of Florida, described in Exhibit "A", attached hereto and made a part hereof by reference (hereinaRer known as the "Property"). THIS CONVEYANCE IS MADE SUBJECT TO the following conditions, restrictions and limitations: 1.0 Conditions, restrictions, limitations, and easements of record, if any; but any such interests that may have been terminated are not hereby re -imposed. years. 2.0 Applicable zoning ordinances, and assessments for the year 2018 and subsequent Page 1 of'4 13 Book31446/Page4304 CFN#20190307249 Page 1 of 6 3.0 The Land Use Restriction Agreement recorded contemporaneously with the recording of this Deed. 4.0 Real estate taxes for the year 2018 and any assessments on the property or any part thereof. 5.0 Grantee shall not suffer any lien, levy or attachment to be made, or any incumbrance, not authorized by the Development Agreement, Purchase and Sale Agreement or LURA, to attach to the Property except: 5.1 Any mortgage(s) in favor of any lender for the purpose of financing any hard costs or soft costs relating to the construction of the improvements to the property contemplated by the Development Agreement in an amount(s) not to exceed the market value of the Property and all improvements made thereto by Grantee, or its affiliate, as determined by an MAl appraiser, and 51 Any mortgage(s) in favor of any tender refinancing any mortgage of the character described in clause (a) hereof, in an amount(s) not to exceed the fair market value of the Property and all improvements made thereto as contemplated by the Development Agreement, as determined by an MAI appraiser; and 5.3 No mortgage or other similar incumbrance ("Incumbrance') shall be given by the Grantee, nor shall Grantee allow the property to be incumbered unless (i) authorized by the Development Agreement, the Purchase and Sale Agreement or the LURA; and (ii) the incumbering party agrees to give the Grantor notice of any uncured event of default under the terms of the Incumbrance within 20 days of such event; and (iii) the incumbering party agrees to give the Grantor the right, but not the obligation, to cure any default under the terms of the Incumbrance (for a reasonable period of time not to exceed thirty (30) days; provided, however, if such default cannot reasonably be cured within such thirty (30) day period and Grantor has diligently commenced to cure such default promptly within such thirty (30) day period, such thirty (30) day period shall be extended for so long as it shall require Grantor, in the exercise of due diligence, to cure such default, but, unless the parties otherwise agree, in no event shall the entire cure period be more than sixty (60) days); and (iv) in the event that the Grantor cures any default, the Grantor shall be allowed, in its discretion, to step into the shoes of the Grantee and, in such event, the Grantee shall assign to Grantor all of Grantee's rights, title and interest in and to the Property, and the incumbering party agrees to accept the Grantor as the obligor under the terms of the Incumbrance; provided, however, the Grantor may only step into the shoes of the Grantee after the Grantor has either paid off' or assumed all of the Grantee's liabilities under the Incumbrance, which assumption must be in form and substance reasonably acceptable to the lender of the Incumbrance; and (v) Grantor shall, after an event of default by the Grantee has occurred pursuant to the Incumbrance, be given the right, at Grantor's discretion, to pay off the Incumbrance and, in such event, upon the satisfaction and release of the Incumbrance, Grantee shall assign to Grantor all of Grantee's rights, title and interest in and to the Property. including all of the improvements that. have been made to the Property. 14 Page 2 of 4 Book31446/Page4305 CFN#20190307249 Page 2 of 6 6.0 Grantee shall not convey title to, or an interest in, the Property to anyone by any recordable instrument or otherwise that does not comply with the terms and conditions of the LURA and that does not contain the same deed restrictions as contain herein. 7.0 The title to the Property shall revert back to Grantor (the "Reversion') in the event that the Project (as defined in the Development Agreement) is not completed in a substantially similar manner as contemplated by the Development Agreement, subject to the extension of time periods as a result of force majeure; provided, however, in the event of a Reversion, any Ineumbrance shall remain a first lien mortgage on the Property, any Incumbrance shall remain as an encumbrance on the Property, and Grantor shall thereafter be liable under any such Incumbranee. For the avoidance of doubt, non -material changes and changes approved by the Agency shall not trigger the Reversion. This reversionary interest (the "Reversionary Interest") shall automatically terminate upon the completion of the construction of the Project, as evidenced by a temporary certificate of occupancy for each of the buildings on the Property_ Although the termination ofthe Reversionary Interest is self -operative, Grantor agrees to record an instrument in the public records terminating the Reversionary Interest at such point. Notwithstanding anything contained herein, in the LURA or in the Development Agreement, the Reversionary Interest shall not apply unless the Grantor has provided notice and an opportunity to cure to any institutional lender pursuant to Section 8 of the Development Agreement. In addition, in the event that an institutional lender takes possession of the Property by foreclosure or a deed in lieu, the reversionary interest shall automatically expire upon such transfer. 8.0 Grantor hereby releases, remises and quitclaims unto Grantee, the right of entry onto the Property for the exploration and/or removal of the phosphate, minerals, metals and petroleum that are or may be in, on or under the Property which right, title and interest were created pursuant to Section 270.11, Florida Statutes. Grantor does hereby specially warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever from the date of the Grantor's initial purchase of the property to the date of this deed and solely warrant the title to the extent of the value of Grantor's title insurance policy and Grantor's liability is limited to that coverage. *""Grantor" and "Grantee" are used for singular or plural, as context requires. [SIGNATURE 4N FOLLOWING PAGE] 15 Book31446/Page4306 IN first above Page 3 of 4 CFN#20190307249 Page 3 of 6 WHEREOF, Grantor has hereunto set its hand and seal the day and year Print: I1I&TM45_J- Witness , Print: ��GY „►. i STATE OF FLORIDA ) )SS COUNTY OF MIAMI-'DADE } GRANTOR City of South Miami Community Redevelopment Agency By: jik&hj� Phdp IL Stoddard, Chairman I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared, Philip K. Stoddard, the person described in and who executed the foregoing Special Warranty Deed and acknowledge before rqe that he executed the same, and who presented as identification the following: VL, and he did take an oath (or affirmed). WITNESS my hand and official seal in the County and State last aforesaid this day o , 2019. otary b is Printed: MAWL.GARCA ;VarcoaMS10NOc13116752 ExPtfiES: WOW 16.2021 8V40drr#UNftVPQ*U Imbs 16 Paine 4 of 4 Book314461Page4307 CFN#20190307249 Page 4 of 6 EXHIBIT "A" Warranty Deed -Legal Description of the Property A parcel of land being a portion of Lots 1, 2, 3, and 4, in Block 1, and a portion of Lots 14, 15, 16, and 17, In Block 3, of Franklin Subdivision, according to the plat thereof, as recorded in Plat Book S. at Page 34, of the Public Records of Miami -Cade County, Florida; said parcel more particularly described as follows: Commence at the Southeast corner of said Lot 17, In Block 3 (1); thence South 86°55'04" West, along the South line of said Lot 17, in Block 3, a distance of 25.00 feet to the Point of Beginning (1); thence continue South 86055'04" West, along said South line, a distance of 210.06 feet to a point on a line 2.50 feet East of and parallel with the West line of said Lot 4, In Block 1; thence North 02030'54" West, along said parallel line, a distance of 145.97 feet to a point of curvature of a tangent curve concave to the Southeast; thence Northerly, Northeasterly and Easterly, along the arc of said curve, to the right, having a central angle of 89025'45" and a radius of 25.00 feet for an arc distance of 39.02 feet to a point of tangency, said point being on a line 20.00 feet south of and parallel with the North line of said Lot 1, in Block 1; thence North 86054'51n East, along a line tangent to the last described curve and said parallel line, a distance of 126.51 feet; thence South 02031'37° East, a distance of 27.69 feet; thence South 86,054'49" West, a distance of 35.00 feet; thence South 02031'37" Fast, a distance of 23.84 feet; thence North 860t4'49" East, a distance of 93.77 feet to a point on a line 25.00 feet West of and parallel with the East line of said Lots 15, 16 and 17, in Block 3; thence South 02031'16" East, along said parallel line, a distance of 119.21 feet to the Point of Beginning (1). TOGETHER WITH: A parcel of land being a portion of Lot 14, in Block 3, of Franklin Subdivision, according to the plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida; said parcel more particularly described as follows: Commence at the Southeast comer of said Lot 14, in Block 3 (2); thence South 861,5449" West, along the South line of said Lot 14, in Block 3, a distance of 25.00 feet to the Point of Beginning (2); thence continue South 86054'49" West, along said South line, a distance of 16.73 feet to a point on the arc of a non -tangent curve concave to the West, a radial line of said curve through said point having a bearing of North 68056'36" East; thence Northerly and Northwesterly, along the arc of said curve, to the left, having a central angle of 02017'38" and a radius of 300.00 feet for an arc distance of 12.01 feet to a point on the arc of a non -tangent curve concave to the Southwest, a radial line of said curve through said point having a bearing of North 66038'58" East; thence Northwesterly and Westerly, along the arc of said curve, to the left, having a central angle of 69044'39" and a radius of 25.00 feet for an arc distance of 30.43 feet to a point on a non -tangent line, said point being 20.00 feet South of and parallel with the North line of said Lot 14, in Block 3; thence North 86°54'37" East, along said parallel line, a distance of 19.14 feet to a point of curvature of a 17 tangent curve concave to the Southwest; thence Easterly, Southeasterly and Southerly, along the arc of said curve, to the right, having a central angle of 90033'55" and a radius of 25.00 feet for an arc distance of 39.52 feet to a point of tangency; thence South 02031'16" East, along a line tangent to the last described curve, a distance of 2.44 feet to the Point of Beginning (2). Book314461Page4308 CFN#20190307249 Page 5 of 6 OR BK 31446 PG 430V LAST PAGE TOGETHER WITH: A parcel of land being a portion of Lots 27, 28, 29, and 30, in Block 5 and a portion of Lot 40, In Block 7, of Franklin Subdivision, according to the plat thereof, as recorded in Plat Book 5, at Page 34, of the Public Records of Miami -Dade County, Florida; said parcel more particularly described as follows: Begin at the Southeast corner of said Lot 30, In Block 5 (3), thence South 86055'04"' West, along the South line of said Lot 30, in Block 5, a distance of 110.95 feet to a point on a line 2.50 feet East of and parallel with the West line of said Lot 30, in Block 5; thence North 02031'16" West, along said parallel line, a distance of 145.99 feet to a point of curvature of a tangent curve concave to the Southeast; thence Northerly, Northeasterly and Easterly, along the arc of said curve, to the right, having a central angle of 89026'05" and a radius of 25.00 feet for an arc distance of 39.02 feet to a point of tangency; said point being on a line 20.00 feet South of and parallel with the North line of said Lot 27, in Block 5; thence North 86°54'49" East, along said parallel line, a distance of 101.66 feet to a point on a line 15.50 feet east of and parallel with the West line of said Lot 40, in Block 7; thence South 02031'16" East, along -said parallel line, a distance of 27.69 feet to a point on the South line of said Lot 40, in Block 7; thence South 861054'49" West, along said South line, a distance of 15.47 feet to the Northeast corner of said Lot 28, in Block 5; thence South 02031'16" East, along the East line of said Lots 28, 29 and 30, in Block S, a distance of 143.06 feet to the Point -of Beginning (3). Said lands situate and being within the city of South Miami, Miami -Dade County, Florida. 18 Book31446/Paga4309 CFN#20190307249 Page 6 of 6 19 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 Minced -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 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`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, 09-4025-010-0020, 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 (4 1 ) parking spaces on -site and may be 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 COM90SSION 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-1 7-011) 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 09-4025-010-0010), 6415 SW 60`h Avenue (folio 094025-010-0030), 6429 SW 600 Avenue (folio 09-4025-010-0040), 6442 SW 59`h Place 20 Pg. 2 of Res. No. 123-17-14924 (folio 09-4025-010-0160), and vacant lots with the following folio numbers: 094025-010-0050, 09- 4025-010-00202 094025-010-0140, and 094025-010-0170, 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 6 thday of June , 2017. APPROVED- ) 4 MAYOR COMMISSION VOTE: 4-1 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Nay 21 RESOLUTION NO. 126-17-14927 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 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 094025-010-0280), 6411 SW 59 Place (folio 094025-010-0290), 6415 SW 591 Place (folio 094025-010-0300), a vacant lot with a folio number of 09-4025-010-0310, and 6443 SW 59 Place (folio 094025-010-0320) (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 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 COMMISSION OF THE CITY OF SOUTH NE 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-17-010) 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 64'11 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 59'h Place (folio 09-4025-010-0300), a vacant lot with a folio number of 22 Pg. 2 of Res. No. 126-17-14927 09-4025-010-03102 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 o f June , 2017. A I COMMISSION VOTE: 4-1 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Edmond: Yea Commissioner Liebman: Nay 23 rdr miami I public hearing notification services certified lists of property owners within a specific radius +radius maps+ mailing labels+ malouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1305.498.1614 August 19, 2019 City of South Miami Planning & Zoning 6130 Sunset Drive South Miami, FL 33143 Re: Property owners within 500 feet of: 5978 SW 64 Street — 09-4025-010-0010 6415 SW 60 Avenue - 09-4025-010-0030 6429 SW 60 Avenue - 09-4025-010-0040 6442 SW 59 Place - 09-4025-010-0180 6420 SW 59 Place - 09-4025-010-0160 Vacant property - 09-4025-010-0050 Vacant property - 09-4025-010-0020 Vacant property - 09-4025-010-0140 Vacant property - 09-4025-010-0170 ("West Madison Square") 5944 SW 64 Street - 09-4025-010-0270 6401 SW 59 Place - 09-4025-010-0280 6411 SW 59 Place - 09-4025-010-0290 6415 SW 59 Place - 09-4025-010-0300 Vacant Property - 09-4025-010-0310 6443 SW 59 Place — 09-4025-010-0320 ("East Madison Square") This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 500 feet radius of the external boundaries of the subject property listed above, including the subject property. This reflects the most current records on file in the Miami -Dade County Property Appraisers' Office. Sincerely, Total number of property owners without repetition: 166 24 Ric Development Resources, LLC ("RDR')'has used its best efforts in collecting the information published In this report and the 5ndings contained In the report are based solely and exclusively on information provided by you and information gathered from public records and that local government. By acceptance of this report, you agree to hold RDR harmless and indemnify RDR fmm any and all losses, damages, liabilities and expenses which can be claimed against RDR caused by orrelated to this report. — rdr miami I public hearing notification services certified fats of property owners within a specific radus + radius maps + mailing labels + malouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1 305.498.1614 A 500' RADIUS MAP N $zO,0t r I SN,3MsT z 2 ---SN 63RO Si .. - s f Sr __ y Sn'63M0'let 2� > SIr11g - sxsnrHsr -_ _ _-- svrsnnTER - go sl sN esmsr--� � _ s�v55rti st— yi 5978 SW 64 Street — 09-4025-010-0010 6415 SW 60 Avenue - 09-4025-010-0030 6429 SW 60 Avenue - 09-4025-010-0040 6442 SW 59 Place - 09-4025-010-0180 6420 SW 59 Place - 09-4025-010-0160 Vacant property - 09-4025-010-0050 Vacant property - 09-4025-010-0020 Vacant property - 09-4025-010-0140 Vacant property - 09-4025-010-0170 ("West Madison Square") 5944 SW 64 Street - 09-4025-010-0270 6401 SW 59 Place - 09-4025-010-0280 6411 SW 59 Place - 09-4025-010-0290 6415 SW 59 Place - 09-4025-010-0300 Vacant Property - 09-4025-010-0310 6443 SW 59 Place — 09-4025-010-0320 ("East Madison Square") 25 AFFIDAVIT ATTESTING TO PROVIDING MAILED PUBLIC HEARING NOTICE STATE OF Florida COUNTY OF Miami -Dade Jerry B. Proctor, Esq. Jerry B. Proctor, P.A. Authorized Representative Name(s) That I am the authorized representative of the following described property: Folio Number(s) (List All): 09-4025-010-0010, 09-4025-010-0030, 09-4025-010-0040, 09-4025-010-0180, 09-4025-010-0160, 09-4025-010-0050, 09-4025-010-0020, 09-4025-010-01401 09-4025-010-0170, 09-4025-010-0270, 09-4025-010-0280, 09-4025-010-0290, 09-4025-010-0300, 09-4025-010-0310, 09-4025-010-0320 That on the 29th day of August, 2019, 1 sent by first class service mail, to each person on the list of names and addresses within 500 feet of the subject properties and by certified mail to the adjacent property owners, a true copy of the Notice required by the Code of the City of South Miami (see attached). That attached are the following: X Copy of mailed notice and list of surrounding property owners and address to whom the notice was mailed to. X Copies of certified mail receipts Signed:L�Z'_17 )41 rry B. octor, Esq -F&, The foregoing document was acknowledged before me the 3C) day of August, 2019 by who is personally known to me or who has produced as identification. Seal: NOTARY PUBLIC �- m FO$ Nctwy =MWer DeloreMy C0flExpfrQa CT Jerry B. Proctor, P.A. August 20, 2019 To Whom It May Concern: Re: 5978 SW 64 Street — 09-4025-010-0010 6415 SW 60 Avenue - 09-4025-010-0030 6429 SW 60 Avenue - 09-4025-010-0040 6442 SW 59 Place - 09-4025-010-0180 6420 SW 59 Place - 09-4025-010-0160 Vacant property - 09-4025-010-0050 Vacant property - 09-4025-010-0020 Vacant property - 09-4025-010-0140 Vacant property - 09-4025-010-0170 ("West Madison Square") 5944 SW 64 Street - 09-4025-010-0270 6401 SW 59 Place - 09-4025-010-0280 6411 SW 59 Place - 09-4025-010-0290 6415 SW 59 Place - 09-4025-010-0300 Vacant Property - 09-4025-010-0310 6443 SW 59 Place — 09-4025-010-0320 ("East Madison Square") Madison Square South Miami, LLC has filed a zoning variance application to the City of South Miami regarding the properties listed above. The attached letter of intent provides additional information. I may be reached at (305)779-2924 if you have questions. Prior to the City Commission hearing regarding this application, the City of South Miami will provide additional notice. Sincerely, X,, 0-- �,-: - OZ Jerry B. Proctor, P.A. Jerry B. Proctor President 9130 S. DADELAND BLVD., SUITE 1700, M1AN I, FL 33156 27 305.779.2924 JPROCTORQPROCTORPA.COM M90'61tll:alep ..... 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I — —� _ _ _1L�•o•e ;�" � 3avtd 416s_'M_S_ _ _ _ I — _ - J 1,w^ .. ^I o c .wv.c� ,�,' „T r �o>a :, io, •I r wok �.y;o, � �` of . - .. -.. i �_ " fA , o--- - Cd 3 12 in It ad �r f �t—�.— Jam--�_'Si --}� �L6'i1l •.M-- N_� __ I --..-- 3nN3AY 4109 M'S 41 - - — r�.i o.ra a mwvr--yr.-v OT'IWVI{41 oS 3tlbO05 NOSIObW ��v 1310N'M'0'tl�lbtl 3N3O# VrvM�4M wnmlpnW 9Y 03DUVd isw 03NIOW03- UN393l ONIN02 � I I IZI � Z6 �� �' 6 i p2 �� 3flz� IIfSNSfJJ�I ., ILL gi IY °p€`4S,ip SLi: :.ic eSS j € u Z S ni i '�Pv It i wi pp e A � 3 Jim! A 14 n�. �� •s' a[6'GA GOG20.N-''— �ea.::�v."'o"e'v. 3°N3nV W09 "M'S _ CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, September 10, 2019 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South Miami Code of Ordinances, Section 8A-5, requires that oil lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recommendation of someone with the city, including the city manager, city attorney, department heads, city personnel, or members of the city commission or members of any city board, concerning a matter that could foreseeably be address by the city commission or a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not -for -profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.eov). I. Call to Order Action: Dr. Philips called the meeting to order at 7:01 P.M. II. Roll Call Board Members Present Constituting a Quorum: Dr. Sally Philips (Chairperson), Mr. Subrata Basu, Mr. Lee Jacobs, Orlando Borges, and Mr. Jay Miller. Board Members Absent: Ms. Mary Ann Ruiz (Vice -Chairperson) and Mr. Maximo Monterrey. City Staff Present: Ms. Jane Tompkins (Planning Director) and Mr. Marcus Lightfoot (Senior Planner/Zoning Administrator). City Staff Absent: None. City Attorney: Mr. Thomas Pepe. III. Administrative Matters Ms. Tompkins informed the Board that there were no administrative matters to discuss. IV. Public Hearings: 32 1. PB-19-017 Applicant: Madison Square South Miami, LLC A Resolution relating to a Variance application to reduce the minimum off-street parking space requirement for a mixed -use project on both the East and West Madison Square properties as legally described herein. Dr. Philips read PB-19-017 into the record. Mr. Lightfoot presented the item to the Board. Mr. Miller asked what the unforeseen circumstances were that caused the elimination of the on - street parking spaces, to which Mr. Lightfoot stated that it would be best if the applicant answer his question. Mr. Basu asked how many spaces are going to be lost. Mr. Lightfoot stated that a total of eleven (11) on -street spaces along SW 64th Street will be lost from the original reduction. Madison Square East will lose five (5) on -street spaces and Madison Square West will lose six (6) on -street spaces. Mr. Proctor presented the Variance request to the Board. Answering Mr. Miller's question, Mr. Proctor explained what the unforeseen circumstances were. Mr. Proctor stated that due to physical limitations in the City's development of the SW 60 Street right-of-way, the on -street spaces could no longer be built. He stated that the loss of the parking spaces was not the doing of the applicant, but the City. He then added that ROW parking will still occur along the west side of SW 59th Place. Mr. Jacobs asked if there will be parking inside the property. Mr. Proctor stated that there is surface parking within both of the properties. There will be five (5) on -street parking spaces along Madison Square West adjacent to SW 601h Avenue. Mr. Jacobs asked about the amount of parking spaces on the properties. Mr. Proctor responded that the spaces will be nine (9) feet wide by eighteen (18) feet long. Mr. Jacobs asked again what the number of off-street spaces will be. Mr. Lightfoot responded that Madison Square East will have a total of twenty-six (26) off- street parking spaces and Madison Square West will have a total of forty-one (41) off-street parking spaces. Mr. Miller stated that this is the second reduction in parking spaces. He then asked if this means that the City has their code regulations written wrong and requires too many parking spaces. Mr. Miller also asked why the project differed where it didn't need the kind of parking spaces that people largely think a property/project of this size would require. Dr. Philips stated that the City changed the parking requirements for the Hometown District. She then asked if this project were in the Hometown District, would it be incompliance. Mr. Lightfoot stated that if the project was in the Hometown District, it would comply with the City's regulations. B& Mr. Miller asked how far the Madison Square properties are away from the Transit Oriented Development District (TODD). Mr. Lightfoot responded that while it isn't zoned TODD, it is in close proximity to the TODD MU-6 zoning district. Dr. Philips stated that given the reduction, there will be seventy-five (75) parking spaces. There will be forty (40) residential units and not everyone in the units will have a car. One can assume that they will be gone during the day. If each of the units has one (1) car, then thirty-five (35) spaces will be available for use by the commercial component. Based on that analysis, Dr. Philips stated that there will be an abundance of available parking spaces and she has no reason to deny the request. Mr. Borges encouraged the Board to vote yes on the request. The Chairperson opened the floor to public comments on PB-19-017 • Commissioner Bob Welsh Motion: Mr. Borges moved to grant Commissioner Welsh the ability to speak before the Board. Dr. Philips seconded the motion. Vote: Yes 5, No 0 (None) Mr. Borges: Yes Mr. Basu: Yes Dr. Philips: Yes Mr. Miller: Yes Mr. Jacobs: Yes Commissioner Welsh gave insight into the type of people that would live in the residential component of the project. He then asked that the Board approve the Variance request. • Antoinette Fischer - Oppose The Chairperson closed the floor to public comments on PB-19-017 Mr. Proctor explained to the Board that the on -street parking that is adjacent to vacant property is currently owned by the owner of the Madison Square project. Mr. Basu asked how many parking spaces is reasonably required for the forty (40) residential units. Mr. Lightfoot stated that pursuant to Section 20-4.4(B)(3) of the Land Development Code (LDC), the minimum parking requirement for the multi -family residential use was: "One and one-half (1.5) spaces per efficiency or studio unit and two (2) spaces per unit with one (1) or more bedrooms, plus an additional visitor space for every ten (10) units." Mr. Basu then responded that the requirement was too much. He then stated that if one (1) space was designated for each unit, there would be thirty-one (31) available spaces which is plenty for the commercial component of the project. He then stated that there should be at least one (1) designated parking space for each of the forty (40) residential units. If the retail portion 3 34 falls short, the owner should be able to work out a deal with the neighboring churches to use their parking lot for the project. Mr. Lightfoot reminded the Board that the negotiation with the Church for the parking spaces would be solely up to the owner of the property. It couldn't be used to meet the minimum parking requirements for the LDC. Motion: Mr. Borges moved to approve PB-19-017 as presented with no changes. Mr. Miller seconded the motion. Vote: Yes S. No 0 (None) Mr. Jacobs: Yes Mr. Miller: Yes Dr. Philips: Yes Mr. Basu: Yes Mr. Borges: Yes PB-19-017 was unanimously approved by the Planning Board. 4 35 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holiday, Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review mile Miami Review, a dairy (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter or NOTICE OF PUBLIC HEARINGS - CITY OF SOUTH MIAMI - OCT .1,2019 in the XXXX Court, was published in said newspaper in the issues of 09202019 Affianl further says that the Review is a newspaper published a County, Florida and that the saic been confinuously published in said CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, October 1, 2019, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following Item(s): A Resolution authorizing the City Manager to amend the multi -year contract for citywide phone service with Wmdstream by adding three new phone lines. ' said Miami Daily Business Miami, in said Miami -Dade A Resolution ratifying the three-year Collective Bargaining Agreement from June 22, 2019 to June 21, 2022 between the American Federation of newspaper has heretofore County, Florida State, County, and Municipal Employees (AFSCME), Local 3294 and Miami -Dade the City of South Miami, and authorizing its execution by the City Manager. each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period Of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he or she has neither paid nor promised any person, firm or wrporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said GUILLERMO GARCIA personally known to me BARBARATH00S : Corrlission k GG 121171 5-; a�V�r Espites November 2,2021 amNCE Tnm Troy Fain Insurance 800.851015 A Resolution relating to a Variance application to reduce the minimum off-street parking space requirement for a mixed -use project on both the East and West Madison Square properties as legally described herein. An Ordinance amending Chapter 2, Article V, Sections 2-354-2-300. - Reserved of the City of South Miami Code of Ordinances to create a separate Section 2-354 that establishes standards for use of chemical pesticides and herbicides for the maintenance of City property a -d to reserved Sections 2-355 through 2-380. An Ordinance amending Section 7-3.2 of the Code of Ordinances to adjust the parks impact fees; defining how those fees are calculated, providing for definitions, exceptions, assessment of development prior to establishment of parks impact fees; providing for exemption for affordable housing developments; providing severability, inclusion in the code, and effective dates. An Ordinance amending the City of South Miami Code of Ordinances. Chapter 8A, Section BA- 4.1. titled 'Prohibited commission actions' to allow the Mayor or Mayor's designee to issue proclamations without the need for approval by written resolution. ALL interested parties are invited to attend and will be heard. For further intonation, please contact the City Clerk's Office at: 305- 663-6340. Nkenga A. Payne, CIVIC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter Considered at its meeting or hearing, he orshe will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 9/20 19-72/0000427148M 36 w'90'61az:aRa _� Agpau aUwaMe( u A9 Psu6n AIIe11610 a .. in.ra c aua�r w � .nw uTYall ]YY em L�WJgiaJ IVWN'NIgU1N aw uaw i3?SDLLINL_ dVW NOILVOOI wa.uvmr oa..� vuwd ouau ter. �w rw"�.� aura mm. n.una u.. 1:1—M. v.+e. w.�er»u r...a rwuay mw°ry 7d 9WVIW HAnOS A33V7d W69 'M'S VVV9 8 -"9 `OZH9 `91-919 1.1,119 'LOb9 '3nN3AV N709 M'S 6Zb9 %133N1S 4iti9 M'S VV6S '9L6S-dO.l3A&nG 3ll11 CINV7 SdSNIV17V HD13NS W-11 ( S ƒ\ , I-Vem; m &a 7£��