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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 18657 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY ELVIS CRUZ AND AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS TO PERMIT MODIFICATIONS TO PREVIOUSLY APPROVED PLANS FOR RENOVATION OF A CONTRIBUTING STRUCTURE AND NEW CONSTRUCTION WITHIN THE MIMO/BISCAYNE BOULEVARD HISTORIC DISTRICT LOCATED APPROXIMATELY AT 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, 33137, WITH FOLIO NUMBERS 01-3219-018-0070 AND 01-3219-017- 0090. LOCATION(S): Generally, 5101 — 5125 Biscayne Boulevard APPLICANT(S): Carlos L. Diaz, Esquire, on behalf of E S Windows Real Estate LLC APPELLANT(S): Elvis Cruz PURPOSE: To appeal the Historic and Environmental Preservation Board's decision. FINDING(S): PLANNING DEPARTMENT: Recommended approval with conditions. HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD: Motion to Approve with Conditions on December 2, 2025, passed by a unanimous vote of eight (8). City of Miami Legislation Resolution Enactment Number: R-26-0054 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18657 Final Action Date:1/22/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED BY ELVIS CRUZ AND AFFIRMING THE DECISION OF THE MIAMI HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD'S APPROVAL WITH CONDITIONS, PURSUANT TO SECTION 23-6.2(B)(4) OF THE CODE OF CITY OF MIAMI, FLORIDA, AS AMENDED, OF THE APPLICATION FOR A SPECIAL CERTIFICATE OF APPROPRIATENESS TO PERMIT MODIFICATIONS TO PREVIOUSLY APPROVED PLANS FOR RENOVATION OF A CONTRIBUTING STRUCTURE AND NEW CONSTRUCTION WITHIN THE MIMO/BISCAYNE BOULEVARD HISTORIC DISTRICT LOCATED APPROXIMATELY AT 5101 BISCAYNE BOULEVARD, MIAMI, FLORIDA, 33137, WITH FOLIO NUMBERS 01-3219-018-0070 AND 01-3219-017-0090. WHEREAS, the Historic and Environmental Preservation Board ("HEPB"), at its meeting on December 2, 2025, following an advertised public hearing, adopted Resolution No. HEPB-R- 25-046 by a vote of eight to zero (8-0), Item No. 5., recommending approval with conditions of the Special Certificate of Appropriateness; and WHEREAS, on January 9, 2014, the Miami City Commission approved Resolution No. R-14-0015 authorizing a Settlement Agreement between and among the Owner, the City of Miami ("City"), the Morningside Civic Association, Inc., a Florida not -for -profit corporation, and various residents of the area, resolving more than a decade of litigation between the parties regarding the development settlement and concluding that the property was eligible for transfer of unused development rights for 5101 Biscayne Boulevard and 5125 Biscayne Boulevard with the Folio Numbers 01-3219-018-0070 and 01-3219-017-0090 ("Property"); and WHEREAS, the Settlement expressly indicated that the Circuit Court of the Eleventh Circuit of Miami -Dade County, Florida shall have exclusive jurisdiction to enforce and/or interpret any of the terms and conditions of the Settlement and that the parties may submit any disputes arising under the settlement agreement by filing an action at law with that court for determination in accordance with Florida law; and WHEREAS, on February 4, 2014, the City's Historic and Environmental Preservation Board ("HEPB") approved Resolution No. HEPB-R-14-006 issuing a Special Certificate of Appropriateness ("SCOA") for the restoration, partial demolition, and additions to the Property; and WHEREAS, on September 2, 2014, a Declaration of Restrictive Covenants ("Declaration") was recorded, to assure that the property 5101-5125 Biscayne Boulevard be preserved and maintained in accordance with the provisions of the Declaration and the Code of the City of Miami, Florida, as amended, ("City Code") including but not limited to, all applicable provisions of Section 23-6, entitled "Transfer of Development Rights"; and WHEREAS, the Declaration was amended and restated by virtue of the Amended and Restated Declaration of Restrictive Covenants that was recorded on the Property on August 13, 2025; and WHEREAS, on February 7, 2017, the HEPB, at a duly noticed hearing, considered Item No. HEPB 10, pursuant to Section 23-6.2(b)(4) of the City Code, an application for a SCOA for the renovation of a contributing structure, demolition of a non-contributing structure, and the new construction of a three-story commercial building for the Property; and WHEREAS, at the conclusion of the February 7, 2017 hearing, a motion to approve with conditions the application resulted in a vote of five (5) of the HEPB members voting in favor, constituting an approval of the application and resulting in the adoption of Resolution No. HEPB- R-17-016; and WHEREAS, on May 25, 2017, the City Commission adopted Resolution No. R-17-0262, denying an appeal to overturn the HEPB's approval with conditions of the Special Certificate of Appropriateness, thereby affirming the HEPB's decision in HEPB-R-17-016; and WHEREAS, on December 2, 2025, the HEPB, at a duly noticed hearing, considered Item No. HEPB. 5, pursuant to Section 23- 6.2(b)(4) of the City Code, an application for a SCOA for the modification to previously approved plans for renovation of contributing structure and new construction within the MiMo/Biscayne Boulevard Historic District, located at the Property; and WHEREAS, the Historic Preservation Officer found the request for modifications to previously approved plans complied with the applicable criteria pursuant to Chapter 23 of the City Code, titled "Historic Preservation"; and WHEREAS, at the conclusion of the hearing, a motion to approve with conditions the application resulted in a unanimous vote of eight (8) of the HEPB members, constituting an approval of the application and resulting in the adoption of Resolution No. HEPB-R-25-046; and WHEREAS, Elvis Cruz, ("Appellant") timely filed an appeal to the City Commission pursuant to Section 23-6.2(e) of the City Code, indicating that the HEPB decision violates the terms of the Settlement Agreement; and WHEREAS, based on the testimony and evidence presented, after due notice and opportunity to be heard has been afforded to all parties and members of the public, the City Commission finds that there is competent substantial evidence to deny the appeal and affirm Resolution No. HEPB-R- 25-046 as it pertains to the SCOA for the 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 if fully set forth in this Section. Section 2. The City Commission denies the appeal and affirms the decision of the HEPB as set forth in Resolution No. HEPB-R-25-046, thereby approving with conditions the SCOA application for the Property. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.1 APPROVED AS TO FORM AND CORRECTNESS: ge WY3 ng III, C "y -ttor -y 1/12/2026 1 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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.