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City of Miami
Legislation
Resolution: R-05-0155
City Haii
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 05-00014
Final Action Date:3/10/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL BY ANDREW W.J. DICKMAN, ESQ., ON BEHALF OF THE
MORNINGSIDE CIVIC ASSOCIATION, ROD ALONSO, RON STEBBINS, SCOTT
CRAWFORD AND ELVIS CRUZ, AFFIRMING THE DECISION OF THE MIAMI
ZONING BOARD, THEREBY APPROVING WITH CONDITIONS THE CLASS II
SPECIAL PERMIT APPLICATION NO. 04-0198, TO ALLOW FOR NEW
CONSTRUCTION FOR THE PROPERTIES LOCATED AT APPROXIMATELY 5301-
5501 BISCAYNE BOULEVARD, MIAMI, FLORIDA, MORE PARTICULARLY
DESCRIBED IN "EXHIBIT A."
WHEREAS, the Miami Zoning Board at its meeting on December 13, 2004, Item No. 2,
adopted Resolution No, ZB 2004-0960 by a vote of seven to one (7-1), to DENY the appeal filed
by Andrew W.J. Dickman, Esquire, on behalf of the Morningside Civic Association, Rod Alonso,
Ron Stebbins, Scott Crawford and Elvis Cruz of a Class II Special Permit Application No. 04-0198
issued by the Planning Director on October 27, 2004; and
WHEREAS, the developer Morningside Development, LLC filed a petition for writ of certiorari
from the City Commission's decision set forth in Resolution R-05-0155 and the Circuit Court
Appellate Division, upon motion for clarification, issued an order on October 18, 2005, quashing
the City Commissions decision set forth in Resolution No. R-05-0155 and remanding the case
back to the City Commission for proceedings consistent with the opinion of the court; and
WHEREAS, the court in the above stated order, in summation, ruled the City Commission
must make specific written findings and determinations of fact under § 1305 of Ordinance No.
11000, the zoning ordinance of the City of Miami, as to why the application for the Class II Special
Permit should be granted or denied under the zoning ordinance and further held that the City
Commission must sit as an appellate body and is limited to traditional appellate review of the
Zoning Board's decision (the review is limited to what was actually presented to the zoning board);
and
WHEREAS, the City Commission after careful consideration of this matter, finds the
application for Class II Special Permit does 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 affirm the decision of the Zoning Board and the Planning
Director and thereby approve the issuance of 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
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File Number: 05-00014
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 premise, it is found that:
a. The proposed project was reviewed for a Class II Special Permit pursuant to Sections
609.3, 903.1, 932.2, 1512 and 1305 of Ordinance No. 11000, the zoning ordinance.
b. The proposed project is comprised of two mixed -use buildings, to be developed as a
single project; these buildings will consist of residential units (105) and office area (18,783 sq. ft.)
with parking garages.
c. The applicant is requesting a reduction in dimensions of the offstreet loading stalls and
also to allow the loading spaces to back into the public right-of-way.
d. The landscape plan submitted with this application complies with the Miami -Dade
Landscape Ordinance, however, some changes are required to further enhance buffering.
e. The proposed project has been found to be compliant with Section 1305 of Ordinance
No. 11000 in that there is adequate ingress and egress;
f. There are adequate offstreet parking and loading facilities;
g. There are adequate refuse and service areas;
h. The signage is compatible and in harmony with adjoining and nearby property and the
character of the area;
i. The utilities are adequate and do not present any potentially adverse appearance or
other adverse effect on adjoining and nearby property and the character of the area;
j. There is adequate drainage;
k. The project provides for the preservation of existing vegetation and geological features
whenever possible;
I. Any potentially adverse effects generally were considered and will be eliminated or
minimized to the maximum extent reasonably feasible by compliance with the conditions
contained in the Class II Special Permit Final Decision File No. 04-0198; and
m. 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.
Section 3. Based upon the foregoing findings and determinations, the City Commission denies
the appeal and affirms the decision of the Miami Zoning Board, Resolution No. ZB 2005-0960,
adopted December 13, 2004, thereby granting with conditions the Class II Special Permit
Application No. 04-0198, issued by the Planning Director on October 27, 2004, to allow for new
construction for the properties located at approximately 5301-5501 Biscayne Boulevard, 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}
Enactment Number: R-05-0155
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File Number: 05-00014
Enactment Number: R-05-0155
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ W.Vi
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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