HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Resolution
Citi 'Halt
3500 Pan American
0rtve
Miami. FL 33133
W N.ci.n ami.fl.us
File Number: 05-01050a
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BY ADRIENNE F. PARDO, ESQUIRE, ON BEHALF OF
A & S DESIGN DISTRICT DEVELOPMENT, LLC, REVERSING THE DECISION OF
THE ZONING BOARD, AND APPROVING WITH CONDITIONS CLASS II SPECIAL
PERMIT NO. 05-0166, ISSUED BY THE PLANNING DIRECTOR ON SEPTEMBER
28, 2005, 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 and Pat Kelly and the Buena Vista East Historic Association (Appellants), of
Class II Special Permit No. 05-0166 issued by the Planning Director on September 28, 2005; and
WHEREAS, On November 17, 2005, Adrienne F. Pardo, Esquire, On Behalf Of A & S Design
District Development, LLC (ApplicantiApellee) timely filed an appeal of the decision of the Zoning
Board; and
WHEREAS, the City Commission after careful consideration of this matter, and notwithstanding the
recommendation of the Miami Zoning Board, finds the Class II Special Permit does in fact meet 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 grant the appeal,
reverse the decision of the Zoning Board and thereby approve the Class II 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 Appellants are not 'aggrieved persons' as they reside more than 1100 feet away from
the property in question, the appellants are buffered from the property by 3 1/2 city blocks, the
Julia Tuttle Expressway, and an approximately 38 acre SD-8 zoning district which is totally
different in character from the R-2 zoning district where the appellants reside and therefore they
have no standing;
b. The Appellants failed to provide any competent substantial evidence to support a reversal of
the Planning Directors approval of the Class II permit;
c. The evidence submitted by the Appellants was supported exclusively by opinion testimony
of neighbors;
City of Miami Page 1 of 2 Printed On: 12/1/2005
File Number: 05-01050a
d. The testimony presented by the neighbors went only to their sentiment that the project was
aesthetically "out of scale" and offered no expert testimony on that issue;
e. The Applicant/Appellee provided competent substantial evidence in the form of expert
testimony of a traffic engineer, a planner and an architect who all testified that the Project
was in compliance with §1305 of the Zoning Ordinance;
f. The Project was reviewed by the Urban Development Review Board which recommended
approval;
g. The Project was reviewed and approved by the City of Miami Planning Department which
found, and we affirm, that with regard to the criteria set forth in §1305 of the Zoning Ordinance,
the Project has been reviewed and found to be sufficient subject to the following conditions:
1. The Applicant/Appellee shall provide the Planning Department with a temporary
construction plan that includes the following: a temporary construction parking plan
with an enforcement policy and a construction noise management plan with an
enforcement policy;
2. The Applicant/Appellee shall comply with conditions from the Public Works
Department which include wide sidewalks at consistent heights, uniform pavers throughout
the site and public accessibility to the plaza;
3. The ApplicantlAppellee shall submit a complete landscape plan to the Planning
Department for review and approval prior to the issuance of any building permit;
4. The Class Il Special Permit approval is further conditioned on a full review by the
Office of Zoning and any substantial changes that arise due to zoning comments will
require a new Class II Special Permit while minor changes due to zoning comments
shall be considered substantially in compliance with this approval.
Section 3. Based upon the foregoing findings and determinations, the City Commission hereby
grants the appeal and reverses the decision of the Zoning Board, Resolution No. ZB 2005-1077,
adopted November 14, 2005, thereby approving, with.the above conditions, Class II Special Permit
No. 05-0166 issued by the Planning ā¯‘irector 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
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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