Res No 180-20-15620RESOLUTION NO.180-20-15620
A Resolution relating to a Variance application to reduce the minimum
landscape requirements for a commercial building located at 4000 SW 57
Avenue.
WHEREAS, Matthews -Jacobs Investment, LC, submitted an application (number PB-20-
021) requesting a variance from Section 204.5(F) 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 current code; 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 variance request is to reduce the number of required site trees and street
trees; 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. 180-20-15620
Section 2. The variance request listed in the application (number PB-20-021) submitted by
Matthews -Jacobs Investment, LC, to reduce the required number of trees, shrubs, and street trees
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:
I. The approval of 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 variance cannot be applied to any new buildings on the site;
2. All exterior renovations and site improvements, including the plant material, must be
reviewed and approved by the Environmental Review & Preservation Board prior to
issuance of a building permit;
3. 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 (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 building located 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: APPROVED:
04 01, D
CITY 4LERY4 ---MAYOR
Page 2 of 3
Res No. 180-20-15620
READ AND APPROVED AS TO FORM, COMMISSION VOTE: 5-0
LANGUAGE, LEGALITY AND Mayor Philips: Yea
EXECUTION THEREO Vice -Mayor Welsh: Yea
Commissioner Gil: Yea
Commissioner Hams: Yea
CI ATTORNEY v Commissioner Liebman: Yea
Page 3 of 3
Agenda Item No:6.
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 reduce the minimum landscape requirements for a
commercial building located at 4000 SW 57 Avenue. 4/5 (City Manager -Planning Dept.)
Suggested Action:
Approval
Attachments:
Resolution_re_Landscape_VarianceCArev.docx
Miami Herald Ad.pdf
MDBR Ad.pdf
AINOAy OECEMBU 62020 NEIGHBORS 1155E
WAWHERALI)i
ATTENTION! FDOT
TRANSPORTATION PUBLIC HEARING
Come and learn about the Florida Department of
Transportation's District Six Tentative Five -Year
Work Program for Fiscal Years �GKK
2021/2092 thru 2025/2026
Miami -Dade County Hearing
6 p.m. tc 7:30 p.m.
Monday, December 14, 2020
A�Ep_ml
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Space is Limited: RSVP by December 9, iq
visit www.fdotmiamidade.com/work-program or
scan the OR code. 01
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dually 10 bar&IIII
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please register using the link below or scan
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YOUR THOUGHTS AND ANSWER YOUR QUESTIONS.
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putle an Consensus to eommem an all projects for
Nghway ewmrne and public thealkmatem xithin
Florida Cganment at Tranfeade On David SIra
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Ns, poses Miam,Dede and, Monroe Counties. The
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W2rtp22-2035R026.
Send emir Comments by Oeavmber 24. 20M to
TO Evi Olsturs Public Information Olhcan as
real. 11003 NW III Avenue. Room li Miami,
Floret =3 or emaw: Tidl.gurgh elthkospe.
lWo Trained .mama µill ado beircorporded In to
m,p-tie d2 nsul.
The popered impovements said been developed
in accordance wain me Carl Rights Ad of 1964 and
the Civil Right Ad d 1968.
Pudic padkipaoon is solldted whose regard
to area, odor, national p1pni age. Cox, mhgi
deeabgdy m Mmilyarour Pereavelwmquire spedal
apAlmmodalsons under the Amarkans von Itionah.
has M or parsons who requae trey stafnn sarvnces
Ireee of enamel ahnukl cannot Irene Verha, P.E. by
Mono at (305) 4701 In ended at FOOT IOW
NW 1n Avenue, Miami, FL 33173, or via small at
hemaNavelandoLdeve.w.us at bad seven days prior
re me mealing.
CITY OF SOUTH MIAMI, FLORIDA
NOTICE OF PUBLIC HEARINGS
In accordance with City of South Miami Code, Chapter 286.011, Fla. Slat, the Clty's
Home Rule Powers, and the City Managers 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
the following public hearing Item(s):
A Resolution concerning approval of a Development Agreement for land described
therein and generally located at 5850 SW 73 Street and 7331 SW 591 Avenue, South
Miami, FL, for a large•scale mixed -use development with 245 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'. Lend
Development Code to permit dental offices in the OR (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 Resofallen 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 oestreel 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 D.Sai is's Executive Order (E.O.) Number 2669 suspended that portion
of Section 166.041(4). Fla. Stet., that required a quorum to be physically, present to
adopt resolutions and enact ordinances. if E.O. No. 20-69 is "tended. 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 thligns //loam uqi/R0x6636 181
and participate. ff E.O. No. 20-691s 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 allend 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 set forth in the meeting acres, 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.
Net, that th eu ve le Florida Seldom, 206.0105, a pare.. ye. dedees to appeal arty eecieion made by a Boats,
Avery, or commission Win reaped to any matter condeerea in he mooing or headeda record of the proceedings
WO be hatlred tar and dipped and so. pan— µill ne mgule d 1. have a -.arm bsnevlpr of 1. pr.caveNgs
In JWina me testimony and wbenee upon vision me appeal is to be beard.
AD& To house a Indonesian to a away, pamce in juman w or to request an avaeary Woe or sentence In Greer to
darkness In a City program, tether or emn6 you must on w bdwe 4:00 am. 3 business days before the meeting
Ind examend the on of the meeting) deliver your request to Ne Cry Clark try aseshous 305fi636340. W mail at
6130 sunset Chad. e.NM1 Miami, Florida or email at npaynekaoulnmlamerry.
Nkenga A. Payne, CMC
City Clerk
Teamwwmwnas.srasoma .rtW,eon amectrgano.v. aN Imo in 1saw1141"Amower ✓eamane.a
am aamareati ey Con.mimesa ouanan a„e„m,v...a. m, mwmw as aomm>wma 1. me.ewro mma.m mm.mm
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
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 Ulda 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. 16, 2020
in the XXXX Court,
was published In 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
securing thus advertisement for publication in the said
newspaper.
Sworn to and subscribed before me this
4 day EC MBE .2020
(SEAL.)
GUIL.LERMO GARCI personally known to me
:..; CHNSrrNl% LYNN Mawr
;.: Cflmmissian # GG 277771
= ? o V Expires November 19, 2022
BMW Tku Troy Fein laaumxa SW385.7019
'CITOMIAM1;.FLORIDAY TSH
00rCE-OF'# L{C HEARINGS
In accordance with City of South Miami Code, Chapter 286.01.1, Fla. Stat,
the City's Home Rule, Powers, and the City Manager's declaration of a
state of enietency due I& he Coronavirus, the City will be holding its City
Coinbissiori Meeting VIRTUALLY. The meeting is scheduled to begin on
Tuagft December 16. 21= at 7:00 a.m. to consider the following public
hearing item(s):
A Resolution concerning approval of a Deveiopmerrt ,agpeement for
land described therein and generally located at SSW SVV �Z3'Sb�etamd
7331 SW SM Avenue, South Miami, FL, for a targes�ficed-use
development with 248 residential wills and proposed ii0 tgti deasity of
3t3,S9s., square feet of commercial space, proposed populatlon=dettsittes 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 Ciys Clerks office.
An Ordirsance amending Section 20.3AP) (Permitted. Use Schedule) of
the Ct iy rLand Devefgpmeol.-Gode.to;permlt.denW-offhm inft GR
(Gepera! Quit) �[sc#i;tt�sler cei)n +�:cndtta
A Re6oluton-reta0rtg to aVadalice WOUarf to reddeellia rlti .00111 front
setback tegulre_nte# the plintmum rear:setbackrequine themtritnitan
side street fiai cth regutrel , ont and -tile iriflftu_ . (t h ddvewsw
setback requirementforzd`bominercW building Iocsted'at1400011 57-Avenue.
A Resolution rejatietg to a Variance application to Increase the maxitnum
imperAp ve ge msplremwit to a�conl p A -A located.
A Resolution relating to a Varlance application to reduce the mum
amount: ofrequtred dff-street parking spaces for a commerciaii buikiing
located at 4000 SW 57 Avenue.
A Resolution relating to a Variance application. to reduceAbini nimum
landscape. requirements fora commensal buildingaocaiediat4000
SW S7 Avenue.
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