HomeMy WebLinkAboutR-06-0135City of Miami
Legislation
Resolution: R-06-0135
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01050a Final Action Date: 2/23/2006
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
GRANTING THE APPEAL BYADRIENNE 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 (Applicant/Apellee) 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 Applicant/Appellee did not seek any variances from the requirements of the City's
zoning code;
b. The Appellants failed to provide to the Zoning Board 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 consisted exclusively of non -fact based, opinion
testimony of neighbors;
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;
City of Miami
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File Number: 05-01050a Enactment Number: R-06-0135
e. It was the Appellants' burden on appeal to the Zoning Board to establish through
competent
substantial evidence that the criteria of § 1305 of the Zoning Ordinance had not been met, a
burden which they failed to carry;
f. The Applicant/Appellee provided competent substantial evidence in the form of expert
testimony of a traffic engineer, a planner and an architect, all of whom testified that the Project
was in compliance with the criteria in §1305 of the Zoning Ordinance;
g. The Project was reviewed by the Urban Development Review Board which recommended
approval;
h. The Project was reviewed and approved by the Director of the City of Miami Planning
Department,who found in her Final Decision dated September 28, 2005 (which we adopt and
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 mitigating 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 Applicant/Appellee shall submit a complete landscape plan to the Planning
Department for review and approval prior to the issuance of any building permit; and
4. The Class II 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.
i. Additionally, the City Commission at its hearing on February 23, 2006, imposed the
following
additional conditions:
1. The Applicant shall reduce the height of the building to no more than two hundred and
forty feet (240') to the top of the roof and redesign the building subject to the design review
and approval by the Planning Director.
2. The Applicant will fund and construct a "gateway" feature designed by the City with the
approval of the Buena Vista East Historic Assocation, not to exceed $50,000.00 in cost to
the developer, and provide continued maintenance of same.
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 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}
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File Number: 05-01050a Enactment Number: R-06-0135
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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