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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01438 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN
MORNINGSIDE CIVIC ASSOCIATION, INC., A FLORIDA NOT -FOR -PROFIT
CORPORATION, WHICH FOR ALL PURPOSES OF THIS AGREEMENT INCLUDES
THE FOLLOWING INDIVIDUAL APPELLANT MORNINGSIDE NEIGHBORHOOD
RESIDENTS IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES: ROD ALONSO,
ROB STEBBINS, SCOTT CRAWFORD,.AND ELVIS CRUZ, JOINTLY AND
SEVERALLY; BAYSIDE 5101, LLC, A FLORIDA LIMITED LIABILITY COMPANY
("BAYSIDE"), AS SUCCESSOR IN INTEREST TO CHETBRO, INC., A FLORIDA
CORPORATION; AND THE CITY OF MIAMI, FLORIDA, A MUNICIPAL
CORPORATION ("CITY"), TO RESOLVE ALL OF THE CONCERNS, ISSUES,
CLAIMS, RIGHTS, AND ENTITLEMENTS RAISED BY MORNINGSIDE, BAYSIDE,
AND THE CITY WITH RESPECT TO THE DEVELOPMENT RIGHTS OF BAYSIDE.
WHEREAS, it is in the best interests of the City of Miami ("City"), its residents, and neighborhoods
adjacent to the properties described herein to amicably resolve certain land use cases identified below
by approval, execution, and compliance with this Settlement Agreement; and
WHEREAS, there has been several years of litigation relative to the proposed height of a project
to be constructed at 5101 and 5125 Biscayne Boulevard (collectively, "the Property") that was
originally approved by a Class II Special Permit ("Special Permit") in 2004, which was appealed by
Morningside Civic Association, Inc. and individual appellant/neighborhood residents Rod Alonso, Rob
Stebbins, Scott Crawford, and Elvis Cruz, in their individual capacities (collectively referred to as
"Morningside"), to the Zoning Board ("the Board") which denied the appeal and affirmed the granting of
the Special Permit; and
WHEREAS, Morningside further appealed the Board's decision to the City Commission which in
part granted the Morningside Appeal by reducing the height of the project to 35 feet; and
WHEREAS, this was followed by various years of litigation regarding the height of the project to be
constructed on this Property in the Circuit Court Appellate Division and the Third District Court of
Appeal in a series of successive, related cases and appeals initially styled as Dougherty v. City of
Miami, et. al.; and
WHEREAS, in its last ruling, the Third District Court of Appeal ultimately held that Chetbro, Inc.
("Developer") was entitled to develop a project on this Property at a height of 87.4 feet as was
originally approved in the Special Permit; and
WHEREAS, the Property is located within the City Historic District known as the Miami Modern
("MIMO") Historic District; and
WHEREAS, this Settlement Agreement is in the best interests of the public, the City, the
City of Miami Page 1 of 2 File Id: 13-01438 (Version: 1) Printed On: 12/26/2013
File Number: 13-01438
neighborhood and its residents as, by virtue of this settlement, Bayside 5101, LLC, ("Bayside") as
successor in interest to the Developer who will construct the project on this Property, the City, and
Morningside as described above have stipulated and agreed that the Developer will adhere to the 35
foot height limit for this Project provided for in current regulations despite various court rulings holding
the Developer is lawfully able to build at a greater height; and
WHEREAS, the Developer has agreed to abandon the Special Permit and any entitlements
pursuant to the Special Permit as part of this settlement; and
WHEREAS, the Developer is entitled to and the City has agreed to comply with the requirements
of Section 23-6 of the Code of the City, as amended; for the Transfer of Development Rights; and
WHEREAS, the parties are releasing one another from all claims and actions regarding the height
and intensity of the project on this Property and related issues including private property rights' claims
and will discontinue and dismiss all pending appeals or proceedings regarding this Property, ending
years of time consuming, uncertain, and expensive litigation regarding this Property;
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 fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute a Settlement Agreement, in substantially
the attached form, between Morningside Civic Association, Inc., a Florida not -for -profit corporation,
which for all purposes of this agreement include the following individual appellant Morningside
Neighborhood residents in their respective individual capacities: Rod Alonso, Rob Stebbins, Scott
Crawford, -and Elvis Cruz, -jointly and severally, Bayside, as successor in interest to the Developer;
and the City, to resolve all of the concerns, issues, claims, rights, and entitlements, raised by
Morningside, Bayside, and the City with respect to the development of Bayside.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {2}
./
APPROVE "A FORM . D CORRECTNESS:
VICTORIA MEI�t.J
CITY ATTOF;Y
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} 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 2 of 2 File Id: 13-01438 (Version: 1) Printed On: 12/26/2013