HomeMy WebLinkAboutR-06-0345City of Miami
Legislation
Resolution: R-06-0345
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
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., (FORMERLYANDREW 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 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 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;
City of Miami
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File Number: 05-00014 Enactment Number: R-06-0345
WHEREAS, Section 2004 of the Miami Zoning Ordinance provides that the City Commission on
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 II 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:
provisions
met
a. The proposed project complies with some but not all of the applicable
of the City of Miami Zoning Ordinance, Ordinance No. 11000. The applicant
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 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 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.
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File Number: 05-00014 Enactment Number: R-06-0345
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,
Florida, more particularly described in "Exhibit A."
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1 }
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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