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Resolution
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File Number: 05-00014 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
DENYING THE APPEAL BY DONALD J. HAYDEN, ESQ. AND JONEL NEWMAN,
ESQ., (FORMERLY 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, ISSUED 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."
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 the
Morningside Civic Association, Rod Alonso, Ron Stebbins, Scott Crawford and Elvis Cruz (collectively
the "Appellants") of a Class II Special Permit Application No. 04-0198 issued by the Planning Director
on October 27, 2004; and
WHEREAS, the Appellants appealed the decision of the Miami Zoning Board to the. City
Commission which, at its meeting on March 10, 2005, passed Resolution No. R-05-0155, signed by
the Mayor on March 17, 2005 GRANTING the Appellants' appeal and thereby denying.Class 11 Special
Permit Application No. 04-0198; and
WHEREAS, the developer, Morningside Development, LLC, filed a petition for writ of certiorari
from City Commission Resolution R-05-0155, and, on October 18, 2005, the Circuit Court Appellate
Division issued an order quashing 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 ruled the City Commission must make written
findings and determinations under Section 1305 of the Miami Zoning Ordinance and further. held that
the City Commission's review of the Zoning Board's decision is limited to a traditional appellate review
based on the record actually presented to the Zoning Board; and
WHEREAS, the City Commission, at its hearing on January 26, 2006, remanded this matter to the
Zoning Board for modification of its December 13, 2004 resolution to provide the written findings and
determinations required by Section 1305 of the Miami Zoning Ordinance;
WHEREAS, the Miami Zoning Board at its meeting on March 13, 2006, Item No. 14, adopted
Resolution No. ZB 2004-0960 (Amended) by a vote of six to two (6-2), to amend Resolution ZB 2004-
0960 to provide the written findings and determinations as required by Section 1305 of the Miami
Zoning Ordinance;and
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File Number: 05-00014
WHEREAS, the City Commission, after careful consideration of this matter upon remand, finds the
Class II Special Permit meets 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 Planning Director and thereby grant
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 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 complies with all applicable provisions of the City
of Miami Zoning Ordinance, Ordinance No. 11000. The applicant met its
burden of showing, to the satisfaction of the Planning Director and other
relevant City staff, that the proposed project met all of the criteria for
issuance of a Class II Special Permit. The Planning Director's approval,
with conditions, of the Class II Special Permit, after referral to the Zoning
Division of the Planning and Zoning Department, the Upper Eastside NET
Office and the Urban Development Review Board, further indicates that the
proposed project complies with all applicable code requirements, including
the design review criteria in Section 1305.2.
b. The project drawings, which are part of the record, indicate that the proposed
project complies with all of the applicable design review criteria in Section
1305.2 of Ordinance No. 11000.
c. The project architect, Bernard Zyscovich, testified that the proposed project
complies with the applicable requirements in the SD-9 district, Section 609
of the Zoning Ordinance [Transcript at 7, 9-10].
d. As the proposed project is no more than 8 stories, or 92 feet high [Transcript
at 14-15], it falls within with the height limitations that apply in the SD-9 District,
Section 609.8.1, as of the date the application was deemed complete.
e. Ordinance No. 12594, relating to the height and roofline angle of garage
structures abutting R-1 districts, did not take effect until several months after
the applicant's complete application was submitted and is, there, inapplicable
to the proposed project. [Oct. 18, 2005 Circuit Court Decision].
f. Although the Appellants had a full opportunity to offer testimony and/or other
evidence in support of their appeal, the Appellants failed to present any
competent substantial evidence to indicate that the proposed project does
not comply with any of the criteria in Section 1305 of Ordinance No. 11000.
Appellants also failed to offer any competent substantial evidence to show
that the proposed project is adverse to the public interest.
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
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Fife Number: 05-00014
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}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ av,10
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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