HomeMy WebLinkAboutMemo-Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members j the City Commission
FROM: Victoria Mendez, City Atto
DATE: December 26, 2013irte
RE: Proposed Resolution for City Commission Meeting — January 9, 2014
Authorizing the City Manager to Execute a Settlement Agreement
File No. 13-01438
The attached Resolution is being presented for consideration at the January 9, 2014 City
Commission meeting. The City Attorney recommends the City Commission adopt this
Resolution and authorize the City Manager to execute the attached Settlement Agreement which
is in the bests interests of the City and its residents.
In brief, this Settlement Agreement will amicably conclude and resolve a decade of
litigation which involved the height of the project located at 5101 and 5125 Biscayne Boulevard,
Miami, Florida ("Property"). This project was originally approved in 2004 by a Class II Special
Permit. The City Commission, in an original appeal by the neighborhood, reversed a Zoning
Board decision approving the project at 87 feet and reduced the height of the project to 35 feet.
In various cases contesting the reduced height of the project, the Third District Courtly of Appeal
determined that the Developer is legally entitled to construct a project at the original 87 foot
height. This proposed Settlement Agreement benefits the neighborhood, the residents, and the
City because the Developer has voluntarily agreed to limit the height of this project to 35 feet.
The Developer will use the Transfer of Development Rights Ordinance codified in Section 23-6
of the City Code to sell or transfer its "excess" intensity to a T-6 Transect Zone. The parties to
the Settlement which includes the Developer, the neighborhood civic association, certain
neighborhood residents, and the City will all discontinue, dismiss, and discharge all claims,
appeals, actions, and controversies among one another regarding the Property. All parties will
bear their own respective fees and costs.
c: Johnny Martinez, P.E., City Manager
Julia Hernandez, Agenda Coordinator
Attachment(s)