HomeMy WebLinkAboutResolution 2026-34299RESOLUTION NO. 2026.34299
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REMANDING TO THE
DESIGN REVIEW BOARD ("DRB"), ON A FIVE -SEVENTHS
(5/7THS) VOTE PURSUANT TO SECTION 2.2.4.8 OF THE MIAMI
BEACH RESILIENCY CODE, THE DRB'S DECISION APPROVING
THE DESIGN REVIEW APPLICATION FILED BY LA GORCE
COUNTRY CLUB, INC. FOR THE CONSTRUCTION OF CERTAIN
IMPROVEMENTS ON THE LA GORCE COUNTRY CLUB
CAMPUS, LOCATED AT 5685 ALTON ROAD (DRB FILE NO. 25-
1104) FOR THE LIMITED PURPOSE OF CONSIDERING THE
SITING AND DESIGN OF THE PROPOSED PADEL COURTS,
UPON A FINDING THAT THE DRB DID NOT BASE ITS DECISION
REGARDING THE SITING AND DESIGN OF THE PROPOSED
PADEL COURTS UPON SUBSTANTIAL COMPETENT
EVIDENCE; AND FURTHER, AFFIRMING THE DECISION OF THE
DRB IN ALL OTHER RESPECTS UPON A FINDING THAT THE
DRB BASED ITS DECISION UPON SUBSTANTIAL COMPETENT
EVIDENCE, AFFORDED PROCEDURAL DUE PROCESS, AND
OBSERVED THE ESSENTIAL REQUIREMENTS OF THE LAW.
WHEREAS, on September 11, 2025, the Design Review Board ("DRB") heard an
application fled by La Gorce Country Club, Inc. seeking design review approval for the
construction of certain improvements to the La Gorce Country Club campus located at
5685 Alton Road, including, but not limited to, the construction of four padel courts to the
east of the main clubhouse (the "Application"); and
WHEREAS, following the public hearing, the DRB voted to approve the Application;
,Tire
WHEREAS, the DRB order approving the Application was rendered on October 22,
2025 ("Order"); and
WHEREAS, on November 12, 2025, and pursuant to Section 2.2.4.8.b.2 of the
Resiliency Code, Onur S. Gunday, by and through Ralf Brookes, Esq., fled an appeal of
the DRB Order to the City Commission (City Commission Appeal File No. 2025-00001);
and
WHEREAS, on April 22, 2026, the Mayor and City Commission heard oral
argument for the subject appeal and approved a motion to continue the appeal in order to
allow the parties additional time to negotiate a potential settlement; and
WHEREAS, following deliberations at the May 20, 2026 City Commission meeting,
the Mayor and City Commission voted to remand the DRB's decision approving the
Application to the DRB, on a five -sevenths (5/7ths) vote pursuant to Section 2.2.4.8 of the
Resiliency Code, for the limited purpose of considering the siting and design of the
proposed padel courts upon a finding that the DRB failed to base its decision regarding
the siting and design of the proposed padel courts upon substantial competent evidence,
and affirmed the decision of the DRB in all other respects upon a finding that the DRB
based its decision upon substantial competent evidence, afforded procedural due process,
and observed the essential requirements of the law.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby remand to the Design Review Board ('DRB"), on a five -sevenths
(5/7ths) vote pursuant to Section 2.2.4.8 of the Miami Beach Resiliency Code, the DRB's
decision approving the design review application filed by La Gome Country Club, Inc. for
the construction of certain improvements on the La Gorce Country Club campus, located
at 5685 Alton Road (DRB File No. 25-1104) for the limited purpose of considering the
siting and design of the proposed padel courts, upon a finding that the DRB did not base
its decision regarding the siting and design of the proposed padel courts upon substantial
competent evidence; and further, affirming the decision of the DRB in all other respects
upon a finding that the DRB based its decision upon substantial competent evidence,
afforded procedural due process, and observed the essential requirements of the law.
PASSED and ADOPTED this 20th day of May, 20
ATTEST:
JUN - 3 2026 Steven Meiner, Mayor
Rafael E. Granado, City Clerk
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Discussion Items - R9 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
Eric T. Carpenter, City Manager
FROM: City Attorney Ricardo J. Dopico
DATE: May 20, 2026 3:D0 p.m.
TITLE: CITY COMMISSION FILE NO. 2025-00001
APPEAL, FILED BY ONUR S. GUNDAY, OF AN ORDER OF THE MIAMI BEACH
DESIGN REVIEW BOARD ("DRB") DATED OCTOBER 22, 2025, FOR DRB FILE
NO. 25-1104, APPROVING THE CONSTRUCTION OF A NEW GOLF COURSE
CLUB HOUSE, THE RELOCATION OF TENNIS COURTS, FOUR NEW PADEL
COURTS, THE ADDITION OF THREE COMFORT STATIONS, A NEW DRIVEWAY,
A VARIANCE FROM THE REQUIRED ANCILLARY STRUCTURE SETBACK, AND
ONE OR MORE WAIVERS, TO REPLACE THE EXISTING CLUBHOUSE.
RECOMMENDATION
Below please find important information regarding the subject appeal.
BACKGROUNDIHISTORY
1. Summary of Design Review Board approval.
This matter relates to an appeal, filed by Onur S. Gunday ("Petitioner") by and through Ralf
Brookes, Esq., of a Design Review Board ('DRB") order dated October 22, 2025, approving a
design review application, with a variance from the ancillary structures setback and one or more
waivers, for the construction of a new clubhouse and campus improvements at La Gorce Country
Club, located at 5685 Alton Road, Miami Beach. This appeal relates only to the design review
approval by the ORB, not the approval of the variance.
ANALYSIS
2. Ex-parte communications.
As the City Commission will be sitting in an appellate capacity on this matter, any ex-parte
communications by members of the City Commission regarding this appeal must be disclosed,
and City Commissioners are subject to cross-examination regarding any such communications.
An ex-parte communication is any communication conducted outside of the public hearing.
While not prohibited under our Code, the City Attorney's Office discourages members of the City
Commission from engaging in ex-parte communications. However, if you do engage in any ex-
parte communications relating to this appeal, please send an email to Nick Kallergis at
NickKallerais(o)mlamibeachfi.aov, including the name of the individual with whom you
communicated. If you send or receive any smalls or attachments relating to the appeal, those
should also be forwarded to Nick Kallergis. Any ex -page communications must be disclosed on
the record prior to the commencement of the hearing,
1385 of 1709
3. Conduct of hearing.
Consistent with prior appeals heard by the City Commission, the schedule of the hearing will be
as follows:
i. Argument of Petitioner Mr. Gunday — 10 minutes
ii. Argument of Respondents City of Miami Beach and La Gorce Country Club —
10 minutes combined
iii. Rebuttal by Petitioner Mr. Gunday — 2 minutes
iv. Deliberation by City Commission
There is no public hearing associated with this appeal. The City Commission's decision must be
based on the record before the DRB, and no new evidence may be taken.
4. Voting requirement and standard of review.
A five -sevenths (5/7ths) vote of the City Commission is required to reverse or modify the decision
of the DRB. In order to reverse or modify, the Commission must first find that the DRB:
i. failed to provide procedural due process;
ii. failed to observe the essential requirements of law; or
iii. failed to base its decision upon competent substantial evidence.
If the City Commission votes to reverse or modify the DRB's decision, the City Commission must,
as part of its motion, clearly articulate the basis for its findings.
5. Attachments.
Please find enclosed the following for the City Commission's review:
• Petitioner's Notice of Appeal
• Petitioner's Appendix to Notice of Appeal
• Joint Response to Notice of Appeal
• Appendix to Joint Response
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See SHE at: httpsJIwww miamibeachfl.gov/city-hail/city-clerk/meeting-notices
FINANCIAL INFORMATION
CONCLUSION
Applicable Area
1386 of 1709
Middle Beach
Is this a "Residents Right to Know" item. Is this item related to a G.O. Bond
pursuant to City Code Section 2.17? Project?
Yes
No
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
City Attorney
Soonsor(s)
Co-sponsors)
Condensed Title
3:00 p.m. DRB Appeal No. 25-11045685 Filed by Onur S. Gunday. CA
Previous Action (For City Clerk Use Only)
Deferred from 4/22/2026 - R9 E; Continued from 2/5/2026 - R9 D
1387 of 1709
Cardillo, Lilia
From:
Cardillo, Lilia
Sent:
Thursday, June 4, 2026 11:41 AM
To:
Kallergis, Nick Alexander, Justin
Cc:
Granado, Rafael
Subject:
Resolution 2026-34299
Attachments:
Resolution 2026-34299.pdf
See attached resolution 2026-34299, REMANDING TO THE DESIGN REVIEW BOARD ("DRB"), ON A FIVE -
SEVENTHS (5/7THS) VOTE PURSUANT TO SECTION 2.2.4.8 OFTHE MIAMI BEACH RESILIENCY CODE,
THE ORB'S DECISION APPROVING THE DESIGN REVIEW APPLICATION FILED BY LA GORCE COUNTRY
CLUB, INC. FOR THE CONSTRUCTION OF CERTAIN IMPROVEMENTS ON THE LA GORCE COUNTRY
CLUB CAMPUS, LOCATED AT 5685 ALTON ROAD (ORB FILE NO.25-1104) FOR THE LIMITED PURPOSE
OF CONSIDERING THE SITING AND DESIGN OF THE PROPOSED PADEL COURTS, UPON A FINDING
THAT THE DRB DID NOT BASE ITS DECISION REGARDING THE SITING AND DESIGN OF THE PROPOSED
PADEL COURTS UPON SUBSTANTIAL COMPETENT EVIDENCE; AND FURTHER, AFFIRMING THE
DECISION OF THE DRB IN ALL OTHER RESPECTS UPON A FINDING THAT THE DRB BASED ITS DECISION
UPON SUBSTANTIAL COMPETENT EVIDENCE, AFFORDED PROCEDURAL DUE PROCESS, AND
OBSERVED THE ESSENTIAL REQUIREMENTS OF THE LAW.
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MIAMI
BEACH
Lllla Cardillo, Agerxia C Mir or
OFFICE OF THE CRY CLERK
17M Conva . Center give, Mumi aeeG1, FL 33130
Tel: 3o 7a 7411 Iwvw.miamibexhfl.aov
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