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Resolution: R-10-0220
File Number: 04-01208
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/27/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL BY MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD
ALONSO, RON STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ; AFFIRMING
THE DECISION OF THE ZONING BOARD, THEREBY APPROVING THE CLASS II
SPECIAL PERMIT APPLICATION NO. 03-0309, ISSUED BY THE PLANNING
DIRECTOR ON JULY 21, 2004, TO ALLOW NEW CONSTRUCTION, SUBJECT TO
THE MODIFICATIONS AS ARE PROVIDED HEREIN, LOCATED AT
APPROXIMATELY 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA.
WHEREAS, an appeal of the Zoning Board decision of October 4, 2004, which denied the appeal
challenging the issuance of the Class II Special Permit and granted the Class II Special Permit for the
proposed project to be built at 5101 Biscayne Boulevard, Miami, Florida, filed by the Morningside
Civic Association, Inc. and Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz; and
WHEREAS, the City Commission, after careful consideration of this matter, including, legal
argument of counsel for the respective parties, and the evidence presented at the Zoning Board,
finds the application for Class II Special Permit does meet the applicable requirements of Zoning
Ordinance No. 11000, as amended ("Zoning Ordinance"), and deems it advisable and in the best
interest of the general welfare of the City of Miami and its inhabitants to deny the appeal and affirm,
subject to certain conditions and modifications provided herein, the decision of the Zoning Board and
the Planning Director and deny the appeal of Class II Special Permit as hereinafter set forth; and
WHEREAS, the City Commission has made certain written findings and determinations based on
the provisions of §1305 of the Zoning Ordinance, which provide, in part, that conditional approvals
may be made when certain conditions are required in order for special permits to be found in
compliance with all applicable criteria, and they have been used to approve the Class II Special
Permit for this new construction, subject to the conditions and safeguards set forth in Section 1305 of
the Zoning Ordinance;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The decision of the Zoning Board to deny the appeal by Morningside Civic Association,
Inc. and Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz, of Class II Special Permit
application no. 03-0309 issued by the Planning Director on July 21, 2004, to allow new construction
for the property located at approximately 5101 Biscayne Boulevard, Miami, Florida, as legally
described in attached "Exhibit A," is affirmed, and to allow the Class II Special Permit is affirmed and
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approved; providing however, it is subject to the modifications, conditions and safeguards set forth
herein.
Section 3. Section 1305 of the Zoning Ordinance, as it existed in 2003 when this application was
filed for this Class II Special Permit for this Project, to be located at 5101 Biscayne Boulevard, as
proposed by the Applicant are among the applicable regulations for this Project. The City
Commission takes notice of the provisions of §1305 in their consideration of this appeal based on the
record received from the Zoning Board (this decision is based upon the record from the Zoning Board
and argument of counsel). The City Commission takes notice of the following sections of the Zoning
Ordinance as it existed in 2003:
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 10976, § 1, 4-20-92)
Sec. 1305. Considerations generally; standards; findings and determinations required.
As appropriate to the nature of the special permit involved and the particular circum -stances of the
case, the following considerations and standards shall apply generally, in ad-dition to any other
standards and requirements set forth concerning the class or kind of permit being considered. City
agents, agencies, or boards charged with decisions concerning special permits shall make, or cause
to be made, written findings and determinations concerning such of the following matters as are
applicable in the case, shall reflect such considerations and standards specifically in the record, and
shall be guided by such considerations and standards in their decisions as to issuance of permits,
with or without conditions and safeguards, or denial of applications.
1305.1. Ingress and egress.
Review for adequacy shall be given to ingress and egress to the property and structure and uses
thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow
and control, and access in case of fire or other emergency.
1305.2. Offstreet parking and loading.
Review for adequacy shall be given to offstreet parking and loading facilities as related to adjacent
streets, with particular reference to automotive and pedestrian safety and conve-nience, internal
traffic flow and control, arrangement in relation to access in case of fire or other emergency, and
screening and landscaping.
1305.3. Refuse and service areas
Review for adequacy shall be given to the location, scale, design, and screening of refuse and
service areas; to the manner in which refuse is to be stored; and to the.manner and timing of refuse
collection and deliveries, shipments, or other service activities, as such matters relate to the location
and nature of uses on adjoining properties and to the location and character of adjoining public
ways.
1305.4. Signs and lighting
Review for adequacy shall be given to the number, size, character, location, and orienta-tion of
proposed signs, and of proposed lighting for signs and premises, with particular refer-ence to traffic
safety, glare, and compatibility and harmony with adjoining and nearby prop-erty and the character
of the area.
1305.5. Utilities.
Review for adequacy shall be given to utilities required, with particular reference to availability and
capacity of systems, location of connections, and potentially adverse appear-ance or other adverse
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effects on adjoining and nearby property and the character of the area.
1305.6. Drainage.
Review for adequacy shall be given to provision for drainage, with particular reference to effect on
adjoining and nearby properties and on general drainage systems in the area. Where major drainage
volumes appear likely and capacity of available systems is found marginal or inadequate,
consideration shall be given to possibilities for recharge of groundwater supply on the property,
temporary retention with gradual discharge, or other remedial measures.
1305.7. Preservation of natural features.
Review for appropriateness shall be given to provision for the preservation of existing vegetation and
geological features whenever possible.
1305.8. Control of potentially adverse effects generally.
In addition to the review of detailed items indicated above, as appropriate to the particular class or
kind of special permit and the circumstances of the particular case, review for appro-priateness shall
be given to potentially adverse effects generally on adjoining and nearby properties, the area, the
neighborhood, or the city, of the use or occupancy as proposed, or its location, construction, design,
character, scale or manner of operation. Where such potentially adverse effects are found,
consideration shall be given to special remedial measures appro-priate in the particular
circumstances of the case, including screening or buffering, land-scaping, control of manner or hours
of operation, alteration of proposed design or construction of buildings, relocation of proposed open
space or alteration of use of such space, or such other measures as are required to assure that such
potential adverse effects will be eliminated or minimized to the maximum extent reasonably feasible,
and that the use or occupancy will be compatible and harmonious with other development in the
area to a degree which will avoid substantial depreciation of the value of nearby property.
Sec. 1306. Conditions and safeguards.
The agent, agency, or body of the city designated by this zoning ordinance as having responsibility
for issuance or denial of each of the classes of special permits set out in this article 13 shall have
authority to attach to the grant of any such special permit such conditions and safeguards as may be
necessary for the purposes of this zoning ordinance in the particular case.
The City Commission also takes notice of § 907.3.1 and § 907.3.2 of Zoning Ordinance 11000 as it
existed in 2003 as follows:
907.3. Setbacks and heights regarding abutting lots.
907.3.1. Rule concerning setbacks where abutting lots have different zoning designations. In - this
type of case, the most restrictive condition applies to all development on both sides of the district
boundary
907.3.2. Rule concerning height of buildings abutting residential districts. Where districts allowing
building heights over forty (40) feet abut residential districts on the rear, such additional height shall
set back one (1) foot in the horizontal for every two (2) additional feet in the vertical dimension.
Section 4. Based upon the applicable provisions of Zoning Ordinance 11000 in effect in 2003
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discussed by the counsel for the Applicant/ Developer and for the original Appellants inclusive of the
Morningside Civic Association, Inc. and further based on the record distributed to the City
Commission for this appellate hearing in conjunction with arguments of counsel for the respective
parties identified above the following findings of fact and determinations set forth below are made by
the City Commission with respect to the subject property:
(1) The Zoning Board in its 2004 decision referenced in §2 of this Resolution did not apply the
correct law or misapplied the law, i.e. did not observe the essential requirements of law in its
2004 decision, failing to require any setback at all for the Project on this Property in that, the
Property abuts the Morningside Neighborhood, a single family residential district, the most
restrictive setback was required under § 907.3.2 of the Zoning Ordinance then in effect, or
alternatively, the set back should have been included for the Project as required by § 907.3.1;
(2) The Zoning Board in its 2004 decision did not apply the correct law , i.e. did not observe the
essential requirements of law in its 2004 decision, in failing to consider the § 1305
considerations relative to this Project on the Property, notably in falling to address or consider
the Control of Potentially Adverse Impacts under § 1305.8 of a ninety (90) foot wall directly
adjacent to single-family homes; and
(3) On appeal the City Commission may affirm, reverse or modify the decision of the Zoning
Board and in light of the foregoing the City Commission denies the Appeal but modifies the
decision of the Zoning Board to require a thirty-five ( 35) foot height limit for this Project on the
Property.
These findings have been made by the City Commission to approve this project, as modified, with
conditions stated in this Resolution.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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