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Home My WebLink AboutLEGISLATION-VER. 9-FINALCity of Miami Legislation Resolution: R-06-0345 City Hali 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 05-00014 Final Action Date: 5/25/2006 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, MODIFYING 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 11 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 II 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; WHEREAS, Section 2004 of the Miami Zoning Ordinance provides that the City Commission on City of Miami Page 1 of 3 Printed On: 612/2006 File Number: 05-00014 Enactment Number: R-06-0345 review shall have full power to affirm, reverse, or modify the action of the zoning board. WHEREAS, the City Commission, after careful consideration of this matter upon remand, finds the Class 11 Special Permit meets some but not all of 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 modify the decision of the Zoning Board and Planning Director and thereby grant the issuance of the Class II Special Permit with conditions 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 some but not all of the 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 most of the criteria for issuance of a Class II Special Permit. The Planning Director's approval, with conditions, of the Class 11 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 most of the applicable code requirements, including the design review criteria in Section 1305.2 as evidenced by the attached matrix (attached as Exhibit "B"). b. The project drawings, which are part of the record, indicate that the proposed project complies with some but not 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. The proposed project at 8 stories, or 92 feet high: 1) Does not adequately respond to the physical contextual environment taking into consideration urban form and natural features; 2) Does not adequately respond to the neighborhood context; and 3) Does not adequately create a transition in bulk and scale. e. In order to mitigate the potentially adverse effects resulting from the height of structure, the City Commission, at its hearing on May 25, 2006, imposed the following additional condition: 1) The Applicant/Appellee will re -design the project to comply with a a height no greater than thirty-five feet (35') to the roof. Section 3. Based upon the foregoing findings and determinations, the City Commission denies the appeal and modifies 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, City of Miami Page 2 of 3 Printed On: 6/12/2006 File Number: 05-00014 Enactment Number: R-06-0345 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: JOR I . FERNANDEZ epeA) CITY-AJTORNEY 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. City of Miami Page 3 of 3 Printed On: 6/12/2006