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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami. FL 33133
www.ci.miami,f3.us
File Nunnber: 05-01050a
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL BY ADRIENNE F. PARDO, ESQUIRE, ON BEHALF OF
A & S DESIGN DISTRICT DEVELOPMENT, LLC, AFFIRMING THE DECISION OF
THE ZONING BOARD AND THEREBY DENYING THE CLASS II SPECIAL
PERMIT NO. 05-0166, TO ALLOW FOR NEW CONSTRUCTION OF THE
ELECTRA PROJECT, FOR THE PROPERTY LOCATED AT APPROXIMATELY
3601 NORTH MIAMI AVENUE, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on November 14, 2005, Item No. 5, adopted
Resolution No. ZB 2005-1077 by a vote of six to one (6-1), to GRANT the appeal filed by Brenda
Kuhns, Wendy Stephan, Pat Kelly, and the Buena Vista East Historic Association, of the Class 11
Special Permit No. 05-0166 approved by the Planning Director on September 28, 2005 for the Electra
Project ("Project"), and
WHEREAS, On November 17, 2005, Adrienne F. Pardo, Esquire, On Behalf Of A & S Design
District Development, LLC (Applicant/Apellee) timely filed an appeal of the decision of the Zoning
Board; and
WHEREAS, the City Commission after careful consideration of this matter, finds the application for
Class II Special Permit does not sweet the applicable requirements of Zoning Ordinance No. 11000, as
amended, 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, affirm the decision of the Zoning Board reversing the decision of
the Planning Director and deny the Class 11 Special Permit as hereinafter set forth;
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. After reviewing the record below and having heard argument of counsel, and being
otherwise duly advised in the premises, it is found that:
a. The Applicant/Appellee failed to provide competent substantial evidence that the requirements
of Section 1305 of Ordinance No. 11000, the zoning ordinance of the City of Miami, Florida
("Zoning Ordinance"); have been met;
b. At 420 feet tall and 33 stories, the Project is dramatically taller and of greater density and scale
than the surrounding neighborhoods and structures;
c. The Project fails to respond to the physical contextual environment by taking into consideration
urban form and natural features, as required by §1305.2(I)(1); d. The Project fails to respond to the neighborhood context, as required by §1305 2 (II)(2);
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File Number: 05-01050a
e. The Project is out of scale with the surrounding area;
f. The Project fails to create a transition in bulk and scale, as required by §1305.2(11)(3), the
Project will physically overwhelm the single-family homes in the Buena Vista East neighborhood;
g. The Project fails to promote pedestrian interaction, as required by §1305.2(111)(1);
h. The Project is not of "human scale," as required by §1305.2(111)(2) and the seven -story parking
garage creates a "cliff -face" effect;
i. That denial of the Class II Special Permit for the Project is necessary to protect the adjoining
neighborhood from avoidable potentially adverse effects pursuant to §1301.3.1;
j. The proposed conditions and safeguards are inadequate to protect against the potentially
adverse effects of the Project;
k. The denial of the Class ll permit does not inordinately burden an existing use of the property
or a vested right to a specific use of the property; and
I. The denial of the Class I I permit does not directly restrict or limit the use of real property such
that the property owner is permanently unable to attain the reasonable, investment -backed
expectation for the existing use of the property or a vested right to a specific use of the property
with respect to the property as a whole, further the property owner is not left with existing or
vested uses that are unreasonable such that the property owner bears permanently a
disproportionate share of a burden imposed for the good of the public.
Section 3. Based upon the foregoing findings and determinations, the City Commission hereby
denies the appeal and affirms the decision of the Zoning Board, Resolution No. ZB 2005-1077,
adopted November 14, 2005, thereby denying Class 11 Special Permit No. 05-0166 issued by the
Planning Director on September 28, 2005, to allow for new construction of the Project for the property
located at approximately 3601 North Miami Avenue, Miami, Florida, more particularly described in
"Exhibit A."
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ 61/4
CITY ATTORNEY
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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