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HomeMy WebLinkAboutAppeal Ltr, Final Decision, UDRB Reso & Zoning ReferralANDREW WJ, DICKMAN Attorney at Law Law Offices of ANDREW DICKMAN, P.A. 9111 Park Dr • Miami Shores, FL 3313.8 July 30, 2004 VIA RAND DELIVERY Teresita L. Fernandez, Director Office of the Hearing Boards CIT1' OF MIAMI 444 SW 2"Q Ave, Seventh Floor Miami Florida 33130-1910 Tel: 305.758.3623 Fax: 305.7 58.0508 andewdickman@be llsouth.nel Re: Notice of Appeal of the Decision by the Director of the Planning and Zoning Department ("Decision") fora Class II permit at 51:02 Biscayne Boulevard and a Class II permit at 5225 Biscayne Boulevard rendered July 21, 2004. Dear Mrs. Fernandez: This firm represents the Morningside. Civic Association, Inc., including four individual residents in Morningside, Rod Alonso, Ron Stebbins, Scott. Crawford, and Elvis Cruz, who all own homes and reside in near the above referenced projects. This letters serves to notify you that my clients are materially affected by the above referenced decisions. Therefore, please consider this our formal notice of appeal, and in. support we allege: On or about July 2.1, 2004, the City issued two Class 11 special building permits to construct two multi -story residential developments at 5101 and 5225 Biscayne Boulevard abutting the icw density single family neighborhood of Morningside. Section 1800(1) and 1800(2) of the City's Zoning Code °Ives my clients standing to appeal "ANY decision" (emphasis added) of the Zonino Administrator or "director of the department of planning, building and zoning." The decision tc issue the Class I1 building permits, including zoning approval, fails within this category of decisions that can be appealed to the Zoning Board. Among the planning and zoning errors made by the City in issuing its approval of these projects are the following: • The City's comprehensive pia; specifically contains policies that protect existing residential neighborhoods from incompatible land uses and developments. Moreover, the Plan contains policies that direct the City to permit high density, multi -family developments near the downtown and in. close proximity to metro -rail and metro -mover. These pro -sects are inconsistent with the comprehensive plan of the City of Miami. • Section 907.3.2 of the City's Zoning Code reaRx W1; i9 additional setbacks for projects built higher than,JU ° e when abutting residential zoning districts on the rear. The two residential developments at 5101 and 5225 Biscayne Boulevard will be well over 40 feet in height and they both City of Miami Hearing Boards •hme 29, 2004 Page 2 abut a residential district on the rear. Article 1305 of the Zoning Code requires that certain factors be considered before issuance of Class 11 special permits, including, inter elle, the "use, occupancy, location, design character and scale," of the proposed project. This section also requires that conditions and safeguards be established before permits are issued, including "protection of adjacent properties, the neighborhood." Because the scale and character of the projects undermines and threatens the integrity of the adjacent Morningside neighborhood, the permits were issued in error; and The appellants were denied due process in this matter because the Zoning Administrator refused to consider the additional site and neighborhood standards established by the new SD-9 ordinance thereby ignoring a clear change of zoning in progress at the time the permits were issued. Enclosed with this notice are two checks in the amount of $500 each (one for each project) required by your departmental rules and regulations. We appreciate your scheduling these matters before the Zoning Board at your earliest convenience. Very truly ydu And.rey� Dickman, AICF, Esq. To: From: CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION Lucia A. Dougherty, Esq. c/o Greenberg Traurig 1221 Brickell Ave Miami, FL. 33131 Ana Gelabert, Director Planning and Zoning Department Title NO. 03 0309 PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: New Construction (5101 Biscayne Blvd) Address: 5101 Biscayne Blvd., Upper Eastside Final Decision: ❑ Approval O Approval with conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for Class II Special Permit pursuant to Article 15, Section 609.3, 1512 and 923.2 of Ordinance 11000, as amended. the Zoning Ordinance of the City oi Miami, Florida. Section 609.3 states explicitly that a Class II Special Permit shall be required prior to approval of any permit affecting the location, relocation or alteration of any structure, sign, awning, landscaping. parking, area or vehicular way visible from a public street. Section 1512 states that unless otherwise required by the Zoning Ordinance, as amended, the Code of the City oi Miami, as amended or the South Florida Building Code, as amended, all City of Miami Design Standards and Guidelines, incorporated herein by reference, may be waived pursuant to a Class II Special Permit. Section 923.2.1 stales that reduction in loading stalls shall be only by Class II Special Permit. Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning Department has made referrals to the. following Departments and Boards. • Zoning Division, Planning and Zoning Department. • Upper Eastside NET Office, Neighborhood Enhancement Team. • UDRB, Urban Development Review Board. Their comments and recommendations have been duly considered and are reflected in this intended decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: FINDINGS • 11 is found that the proposed projecl is a mixed -use building consisting of residential units (89) and common areas (4,799) sq.ft with parking garage. • 11 is found that the proposed project was initially reviewed by the Internal Design Review Committee on November 25, 2003. The committee recommended sending ii back to the architect in order to give the opportunity to respond to the commitlee comments. • 11 is found that a modified project was reviewed by the Design Review Committee on January 13, 2004 but the original comments are still pending and have not been resolve. • It is found that an Intended Decision was issue on March 25, 2004. • 11 is found that a modified project that included the modifications recommended by the Internal Design Review Committee was reviewed by the commitlee on May 4 and May 18, 2004; finally, on • July 6, 2004, the committee reviewed and approved with conditions the subject proposal. • It is found that the landscape plan submitted with this application complies with the Miami -Dade Landscape Ordinance. • On January 21, 2004 the Urban Development Review Board reviewed and deferred for the next meeting the subject proposal. • On March 17, 2004 the Urban Review Board reviewed and approved with conditions the subject proposal. • It is found that with regard to the criteria set forth in Sec. 1305 of the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient except for the issues listed above and contained in the conditions. Based on the above findings and the considered advice of the officers and agencies consulted on this mailer and pursuant to Section 1306 of the Zoning Ordinance, the subject proposal is hereby approved with conditions es presented in the plans and supporting materials submitted by the applicant and on file with the Department of Planning and Development and further subject to the following conditions: 1. The applicant shall comply with the conditions addressed by the UDRB and the Internal Design Review Committee. 2. New plans shall be submitted to the Planning and Zoning Department for review and approval before issuance of any building permit. NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the dale of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located al 444 S.W. 2nd Avenue, 7th Floor, Mlami, FI. 33139. Telephone number (305) 416.2030, Signature Ana'Gelaberl, Direcior • Planning and Zoning Department 2 Dale %,/-// C 1 T Y 0 F M 1 A M PLANNING —AND ZONINC D r_ P A li 7 M e N 7 URBAN I) I. V L L O P M ENT R E V) f_ W BOAR D RESOLUTION"; l' A R B 3• t i• 0 4 4 A resolution recommending Approval ro'th conditions fora Class IF Special Permit for 5101 Biscayne Blvd. located at 5101 Biscayne B]\•d.. Meeting Date: March 17, 2004 ]tern No.: 4 Motion to Approve: Vote: 5-0 Conditions: Revisit the facade along the garage that are designed to appear residential in fashion. These facades shall be articulated and designed to not appear garage - like or residential -like. Attest: Ana Gelabert-Sanchez, Director Enrique Nunez — L'DRB Officer ZONING PLANS :AT4JI' ER 1 CLAS 11 SPECIAL PERMIT NOZ 003.. D3Gq CLASS Il SPECIAL PERMIT ZONING REFERRAL L COMPLETED BY APPL)CAN'T OWNER Chetbro Inc. OWNER PHONE NUMBER APPLICANT APPLICANT PHONE NUMBER FAN NUMBER Lucia A. Dougherty c/o Greenberg Traurig (305) 579-0603 (305) 961-5603 APPLICANT ADDRESS 1223 Brickell Avenue, Miami, Florida 1 ZIP CODE. 333 3) BUILDING PLAN APPLICATION NUMBER COMPLETED BY ZONENtG PLANS EAAMP"ER 5) 0# Biscayne Blvd PRO.IECT NAME New Construction 5l Of Biscayne Blvd. Miami, FI PROJECT ADDRESS 1 ZIP CODE PROPOSED USE Offlce!SD-9 l F. NET ZONING DESIGNATION ATLAS, SHEET Approval of new construction NATURE OF APPLICATION Section 609.3.2 '- ex. • APPLICABLE SECTION OF ZONING ORDINANCE CERTIF)CAT]O)� Pursuant to the fee schedule. b fee of S ] .997.00 shall be required prior to the review ar,d ;Lance of this Class 1] Special Permit. Perntfeesjare non-refundable 1 PROPERTY OWNER Lucia A. Dougherty•. as Attorney 'OFFICIALI TAR C MARISOL R GONZALEZ FT PT. hut., b I A, t uF FLuI li7A COMMISSION !'C. DD1488S2 MY COM M ISS1 O'.d EXP. SEPT 17,20X The subject proposal has been reviewed by Zoning Division of the Plammmc & Zoning Department. 1t is found to be in co nplian e+uh a applicable zonmg regulations and requires a Class 1) Special Permit pursuant to the above cited secuon(sl of Ord' lance 1) O . as amended. the Zornnc Ordinance of the City of Amt. Florida ATE II PUBLIC NOTARY CLASS 11 COORJ1iINATOR DATE A building permit for the work proposed herein and'ot b c.eniftcate of occupancy and of certificate of use Tot the use proposes herein, must be obtained within one (1) ezr from the issuance of this special permrt. at which point the speciai pemut shall expire, unless extended.