Res No 178-20-15618RESOLUTION NO. 178-20-15618
A Resolution relating to a Variance application to increase the maximum
impervious coverage requirement for a commercial building located at 4000
SW 57 Avenue.
WHEREAS, Matthews -Jacobs Investment, LC, submitted an application (number PB-20-
019) requesting a variance from Section 20-3.5H of the Land Development Code (LDC) to bring
a nonconforming property within the General Retail (GR) Zoning District at 4000 SW 57 Avenue
into compliance with the LDC; and
WHEREAS the variance request is to allow a maximum impervious coverage of
approximately 98% (22,046 SF) where a maximum of 85% (19,168 SF) is permitted; and
WHEREAS, the property is nonconforming as the structure was built in the 1940s and
additional right-of-way dedications were made for improvements to SW 42 Street and SW 57
Avenue; and
WHEREAS, the damage from a fire in 2018 caused the property to lose its rights as a
nonconforming structure and the allowable time for reestablishing the uses has lapsed; and
WHEREAS, the applicant wishes to repair and renovate the building and lease it to a mix
of tenants similar to those that occupied the building prior to the fire; 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 November 10, 2020, the Planning Board held a public hearing on the
application request, considered each of the criteria listed in Section 20-5.9 of the LDC and voted
on the variance request; and
WHEREAS, the Planning Board recommended approval by a vote of six ayes to one nay
on the variance request; 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 variance applications.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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.
Pagel of 3
Res No. 178-20-15618
Section 2. The variance request listed in the application (number P13-19-019) submitted by
Matthews -Jacobs Investment, LC, to allow a maximum impervious coverage of approximately
98% (22,046 square feet) where a maximum of 85% (19,168 square feet) is permitted, within the
General Retail zoning district to allow the continuation of a nonconforming use on the property
located at 4000 SW 57 Avenue, South Miami, Florida is hereby approved, subject to the following
conditions:
The approval of the Variances shall be limited to the current existing structure only. If the
current existing structure is demolished, or expanded beyond the proposed plans as to
height or footprint, the variances cannot be applied to any new buildings on the site;
2. If required, all exterior renovations must be reviewed and approved by the Environmental
Review & Preservation Board prior to issuance of a building permit;
Any construction in the public right-of-way will require the issuance of a Right -of -Way
(ROW) Construction permit from the respective governmental agency that maintains the
ROW adjacent to the proposed renovation prior to the commencement of construction;
4. All approved Variances shall lapse after one(]) 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.
Section 3. The approval of the requested variance includes, as an Exhibit to the
Application, the architectural plans and landscape plans signed and sealed by William F. Arthur,
dated November 25, 2020 for the proposed repair and renovation of the property at 4000 SW 57n
Avenue which are incorporated herein by reference.
Section 4. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 5. 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 6. Effective Date. This resolution will become effective immediately upon
adoption.
PASSED AND ADOPTED this 15`h day of December. 2020.
ATTEST:
In, IN I I (its
MAYOR
Page 2 of 3
Res No. 178-20-15618
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5-0
LANGUAGE, LEGALITY AND Mayor Philips: Yea
EXECUTION THERE Vice -Mayor Welsh: Yea
Commissioner Gil: Yea
/ 5�e Commissioner Harris: Yea
Commissioner Liebman: Yea
Page 3 of 3
Agenda Rem No:4.
City Commission Agenda Item Report
Meeting Date: December 15, 2020
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A Resolution relating to a Variance application to increase the maximum impervious coverage requirement for a
commercial building located at 4000 SW 57 Avenue. 4/5 (City Manager -Planning Dept.)
Suggested Action:
Approval
Attachments:
Resolution re_Impervious_Coverage_VarianceCArev.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
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hignwey zryamz and public aansPosauon emor
Flooda Dreatmem of Traphom es Dertnet Siva
Tentaw- FntrYeaz WWk Program. Diehiu Su
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TM proposed improven,enM have been developed
In accordance with Me Clwl RpMs Aol of 19" and
Ine C,wl RIgM Au of 1968,
Public promotion ,s acemM enthoul 2gard
to mre, odor. luahml wgm, age, ser, mligwn,
&s ,idywfamitystatus Perwnswfio Mouseappeal
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NW III Avenue, Mormi, FL 33172. a yin emdl at
Imne wposaNLwte firim at team wren tine p^P
to the meeting.
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011, Fla. Star, the City's
Home Rule Powers, and fire City Manager's declaration of a state of emergency due to
the Ooronavirus, the City will be holding Its City Commission Meeting VIRTUALLY. The
meeting Is scheduled to begin on Tuesday. December 15, 2020 at 7.00 p.m. to consider
the following public hearing Mamie):
A Resolution concerning approval of a Development Agreement for land described
therein and generally located at 5850 SW 73 Street and 7331 SW 59m Avenue, South
Miami, FL, for a large-scale mixed -use development with 248 residential units and
proposed building Intensity of 36,395 square feet of commercial space, proposed
population densities of 611 people, a parking garage and a proposed height of
118 feet eight Inches; a copy of the proposed agreement Is available In the City's
Clerk's office.
An Ordinance amending Section 20.3.3(D) (Permitted Use Schedule) of the City's Land
Development Code to permit dental offices in the GR (General Retail) District, under
certain conditions.
A Resolution relating to a Variance application to reduce the minimum front setback
requirement, the minimum rear setback requirement, the minimum side street
setback requirement and the minimum side (with driveway) setback requirement for a
commercial building located at 4000 SW 57 Avenue.
A Resolution relating to a Variance application to Increase the maximum Impervious
coverage requirement for a commercial building located at 4000 SW 57 Avenue.
A Resolution relating to a Variance application to reduce the minimum amount
of required off-street parking spaces for a commercial building located at 4000 SW
57 Avenue.
A Resolution relating to a Variance application to reduce the minimum landscape
requirements for a commercial building located at 4000 SW 57 Avenue.
Governor DeSantis's Execuflve Order (E.O.) Number 20-69 suspended that portion
of Section 166.041(4), Fla. StaL, that required a quorum to be physically present to
adopt resolutions and enact ordinances. If E.O. No. 2G-69 is extended, City staff and all
Commission members will participate by video conferencing through the Zoom platform and
members of the public may join the meeting via Zoom at fhtfos:y/zoom.us/i/30566363381
and participate. If E.O. No. 20-69 is not extended, three members of the City Commissioner
will be physically present in the City Commission Chambers' and they will be broadcast
on the Zoom platform along with all other members of the Commission, City Staff and the
public who may attend remotely from other locations. If you desire to present evidence or
you are unable to use Zoom, there are procedures to follow and other options available
Including a dedicated phone line to listen and participate In the meefing and limited
public attendance. all of which is set forth In the meeting malice posted at City Hall and
at iamill. ov/580/Pubbc Anyone who wishes to review,
pending application, supporting documentation or who desire to have documents made
available for viewing by everyone during the meeting must contact the City Clerk by calling
305.663-6340.
Note mat punuanl to Flwba somem 29amo5, a person arm Memo, to aeMal and deem- made thy, a Saint.
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has be redulren for Wd appeal and wU, be,. xT Me rtawred to Mve a vemaum tommairs of lne wocearms.
MtludMp Me ber o mry end twomme upon which Ine apped Is Ih be baaeh.
ADA To matmet a modMcaamn to a Peter. favorite Of mpce me of to mMhro an aveniary doe or eermee M order to
PVYdeale in a any prW,am. eMVy Or view. yw must c Or bdom eUo 0. a burins. den berme Me meawp
Met teaming Me day d the member d 9ver your request to Me City Gmk by mepnme: 305e61 by mail n
6130 commit Flue, youth Mimi, Flose or emal at nprmaii ormlammate.
Nkenga A. Payne, CMG
City Clerk
nq. eYndv .adween, a ruWm w enaNq an on. arvW 4nn F l ayeallal"'Ammmry>Mmmahor
bn mornme 1Wr NYuwaeN a worn. in N,rmeiw Me al a maa4Yd a e,wum u-wnr..—Mr, to ma9 my oannee
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
Miami. Miami -Dade County. Fonda
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 (11da Miami Review, a daily (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 of
CITY OF SOUTH MIAMI - PUBLIC HEARINGS - DEC.15.2020
In the XXXX Court,
was published in said newspaper in the issues of
12104/2020
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, In said Miami -Dade
County, Florida and that the said newspaper has heretofore
been continuously published in said Miami -Dade County, Florida
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 affant further says that he or she
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any discount, rebate, commission or refund for the purpose of
secuft this advertisement for publication in the said
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Sworn to and subscribed before me this
4 =jW0
(SEAL)
GUILLERMO GARC personally known to me
,,....,,,~
S"OLC0�nCHNSil
ac2LyNm 7M1
November 19, 2M
Bonded itxtr Trtry Fart lutttaata 800 X&70I9
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tcl nr OF -sow lM1Wji, FLORIDA
]NOTICE*, P PUBL' iC "HEARINGS
in accordance y'ti_th' CitY'of-South Miami Code, Chapter 286.011, Fla. Slat,
the City's Home Rule,PoWers, and the City Manager's declaration of a
e%te`oi emergency due td-the Coronavirus, the City will be:hoiding its City
Commission Meeting ViftALLY. The meeting is scheduled to begin on
Tuesday. December 15. 20M at 7:00 a.m. to consider the following public
hearing item(s):
A Resolution concerning approval of a, Development Agreement- for
land, described therein -and generally located at 5BW M#,'..3.'iStreet and
7331 SW 59th Avenue, South Miami, FL, for a largescale mil ed-use
development with 248 residential units and proposed building.ir t=ity'of
36,3N square feet of commercial space, proposed population densities of
811 people, a parking garage and a proposed height of 118 feet eight Inches;
a copy of the proposed agreement Is available in the City's Clerk's office.
An -Ordinance amending .Section94-3.3(D) (Permitted � Use Schedule) of
the City's. Land Dsvelgpmerrt Code tso-permit. dernal: off . In the GR
(G�neraliRe�eTQ�Oisttic�ft�ntier:�cett�rt;ccttdttiatts
A Resoluron rebting:to a'Vwfant a appli*dn-to tfeddee:the-mbdnt0m front
setback requirement, ttte thin wnt bear setbadc.r+egptt�at�tt mk ifte ntiNmum
side street setback rent and the niinknunt sTde-(iirftli drlveway)
setbacTkrequirementibra=comdwrctal building Wzied ats4000 SW ST Avenue.
A Resolution relating to a Variance application to Increase the maximum
Impoir40 tcf acwgl@rclA_A 0&ocated,va
ag0NJAFA Resolution relating to.a Variance app1mMop to reduce the minimum
amount- of: required off-street parking spaces for a commercial buildbtg
located at4000 SW 57 Avenue.
A Resolution relating to a Variance application ,to reduce tfierminimum
lanca dspe•reduirements fora commercial building- located -at .4000
SW 57 Avenue.
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