Res No 179-20-15619RESOLUTION NO.179-20-15619
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.
WHEREAS, the applicant, Matthews -Jacobs Investments, LC, submitted an application
(number PB-20-020) requesting a variance of Section 20-4.4(B)(7) of the Land Development Code
(LDC) for a reduction in required off-street parking spaces for a mixed -use building located at
4000 SW 57 Avenue; and
WHEREAS, the commercial building at 4000 SW 57 Avenue was built in the 1940s and
lacks on -site parking, and thus does not comply with the current parking regulations in the Land
Development Code; and
WHEREAS, a fire in October 2018 rendered the building uninhabitable and forced the
tenants to relocate; and
WHEREAS, the allowable length of time for reestablishing a nonconforming use has
passed, and the property should be brought into compliance with the LDC; and
WHEREAS, the property owner wishes to repair and renovate the existing building and
lease it to a mix of tenants similar to those that occupied the building prior to the fire; and
WHEREAS, the proposed mix of tenants requires 104 parking spaces; and
WHEREAS, pursuant to Section 20-5.9 of the LDC, 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 its November 10, 2020 meeting, 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 six ayes to one 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 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.
Page 1 of 2
Res No. 179-20-15619
Section 2. The application (number P13-20-020) submitted by Matthews -Jacobs
Investments, LC, requesting to reduce the required off-street parking requirement from 104 spaces
to 0 spaces for a commercial building within the General Retail (GR) zoning district located at
4000 SW 57 Avenue, South Miami, Florida, is hereby approved with the following conditions:
The Variance shall be limited to the current existing structure only. If the current existing
structure is demolished or the structure's original height or footprint increases, the
variances cannot be applied to any new buildings on the site; and
2. The Variances 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.
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 57 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' day of December, 2020.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTI THE
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE: 5-0
Mayor Philips:
Yea
Vice -Mayor Welsh:
Yea
Commissioner Gil:
Yea
Commissioner Hams:
Yea
Commissioner Liebman:
Yea
Page 2 of 2
Agenda Rem No:5.
City Commission Agenda Item Report
Meeting Date: December 15, 2020
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Rem Type: Resolution
Agenda Section:
Subject:
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. 4/5 (City Manager -Planning Dept.)
Suggested Action:
Approval
Attachments:
Resolution_re_reduced_parking_varianceCArev.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
SUNDA'1 DEaMlEt62020 NEIGHBORS I 155E
NAWHERALD.CCA
ATTENTION! FDOTT
TRANSPORTATION PUBLIC HEARING �_
Come and learn about the Florida Department of
Transportation's District Six Tentative Five -Year _
Work Program for Fiscal Years OGRK
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Monday, December 14, 2020
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Space is Limited: RSVP by December 9,
visit wwgAfdotmiamidade.com/work-program or
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The in -person Public Hearing will be in compliance with all current
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Public rgaretg are being had in eaareaKe with
The prcyvsad mPoyemmM1s hove been devebped
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highway threads one public transportation within
Fbrka De[05nam of Tre coon" n Diymet Ste's
Pudic participation is v,IIG1ed mmoul regard
Tentative Fwe.Year We* Program. Diane, Slx
to nu,pcdo,. national organ, age, ful rehgon.
com9mses WmiDade and Monroe Ceurems.The
disibhly or ramify status. Persons alto real special
Tambora —Year Wark Prtgmm the penal far
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ties Ael of persons who require Vambith services
(Into or charge) should cOmad Irene Verde, P.E, W
Smm vimtm sommenls by December 24, 2020 le
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CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Mimi Code, Chapter 286.011, Fla. Slat, the Clty's
Home Rule Powers, and the City Manager's declaration of a state of emergency due to
the Coronavirus. 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
fine following public hearing item(s):
A Resolution concerning approval of a Development Agreement for land described
therein and generally looted at 5850 SW 73 Street and 7331 SW 59m Avenue, South
Miami, FL, for a largeacale mixed -use development with 248 residential units and
proposed building intensity of 36,395 square feet of commercial space, proposed
population densities of fill people, a parking garage and a proposed height of
118 feel eight Inches; a copy of the proposed agreement Is available in the City's
Clerk's office.
An Ordinance amending Section 2041.3(o) (Permitted Use Schedule) of the City 'a 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 Deserters Executive Order (E.O.) Number 20-69 suspended that portion
of Section 166.041(4), Fla. Slat., that required a quorum to he physically present to
adopt resolutions and enact ordinances. It E.O. No. 20-69 is extended, City staff and all
Commission members will participate by video conferencing through the Zoom platform and
members of the public may loin the meeting via Zoom at (hllosRzoom ,usA130566363381
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 Chambersand 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 meeting and limited
public attendance. all of which Is sat forth in the meeting notice posted at City Hall and
at 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.
Nate real W creme m Member suWba almost. a barren cane atldea to appeal any deaaion made ey a seam.
Artery at Co mmeal MIh print to an matter wnYEared in its meeting or Marbq, a record of the proceedings
allbe maximal for Wit appeal and such portion at be married to haw a wTatim transcript of the proprietary:
Ntluding the parenchymal edtlmw ..an wNch the abpeat Is to be based.
A01. To reMW a moblication 10 a policy, pmNce an pmoodune or to request an au.11iary aloe or reMce In main to
opposes In a City prol acllvdy or event. year muef on or before 4:00 p.m.3 Dueness days before the membre
(mot popme, no it, m 'no meompt OdWm yore request to me nhy Clark by behim ne: 305463b3e0, by pelf a
6130 Sansel Dal Sonn Mini Florida or small at marm..eeumMarellim,
Nkenga A. Payne, CMC
City Clerk
r.mm ar arm,—,.. „f rmr a riffielfo• warn
mr.ymmm,,.. 111 w..e.o.mAn am„r.nw.m.m...,armda wm.m mmwe 1. miaow to mr.mrordn..m
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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 f/k/a 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 to said newspaper in the Issues of
12/04/2020
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 affiant further says that he or she
has neither paid nor promised any person, firm or corporation
any discount, rebate• commission or refund for the purpose of
sec wW* tlus advertisement for publication in the said
newspaper.
IF
Sworn to and subscribed before me this
4 day EC MBE .2020
(SEAL)
GUILLERMO GARC personally known to me
."Mm, CHF07INALYNNRAWX
Commission # GG 277771
W , Expires November 19, 2022
ilirtr Troy Fad tuuraaca 800.3M7019
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.-CI OF SOUTH Almli. FLORIDA
NOTICE &P. , 0 UC HEARINGS
In a=rdance with City, of South Miami Code, Chapter 28&011, Fla. Stat,
the Ci Ys Home' Rute-PoWers, and the City Manager's declaration of a
state of emergency due to the-Coronaviruus, the City wiU be. holding Its City
Commission Meeting VIRTUALLY. The meeting Is scheduled to begin on
Tuesday, December 15, 2020 at 7:00 a.m. to consider the following public
hearing item(s):
A Resolution concerning approval of a. Development Agreement for
land.descxibed therein and.gerteraUy located at _%WSW,73i.Str!ed.and
7331 SW .59th Avenue, South Miami, FL, for a Iargesc96%'rn1ked-use
development with 248 residential units and proposed buildinly, intensity of
36AN 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 CWs Clerk's office.
An -Ordinance amending Section,.20-3.3(D) (Pemtitted. Use Schedule) of
the CW;y -1 and Develgpment;.Code.to permit dental of ges.i0 the C1R
(eanerai,Rdtatil Drag itttdett�cecteiitw:,coteditiottis.
A Resolution relating to a'Vad nde'8pplicatIdn to reduce the mbtlmitm-fmnt
setback recitrlremettt the mbdmum rear setbadr require tent (ts minirrican
side. street setback reguire:Eieiit and We nihtimWin side i driveway)
setback requirement%ra idRitReraia! buU&g located446W SW 57 Avemte.
A Resolution mlatIng to a Variance application to Increase the maximum
tmpHrtriou v�9q_ l-emea-tt_ fa' a. c0MD—e cW"h1 l# 0oCaWd.
at•�Q00�t1�`��%�
A Resolution relating to -a Variance application to reduce the minimum
amount. of rewired off -sorest parking shakes for a commercial isutidhtg
located at 4000 SW 57 Avenue.
A Resolution relating to, a Variance application to reduce1he,minimum
landscape, requirements fora commercial building•.located;at 4000
SW 57 Avenue.
5
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