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96-22202 RESO RESOLUTION NO. 96-22202 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER A REQUEST BY MARGUERITTE W. RAMOS, ON BEHALF OF THE NORMANDIE SUD HOMEOWNERS ASSOCIATION, RICHARD RICHMOND, ON BEHALF OF THE NORMANDY ISLAND POLITICAL ACTION COMMITTEE, MARIA SABOYA, ON BEHALF OF THE 71ST STREET/NORMANDY DRIVE NEIGHBORHOOD ASSOCIATION, AND MICHAEL THOMPSON TO REVIEW AN ORDER OF THE DESIGN REVIEW BOARD ("DRB") RENDERED OCTOBER 22, 1996 REGARDING DRB FILE NO. 7946 WHICH APPROVED THE CONSTRUCTION OF A NEW TWO (2) STORY HEALTH CARE FACILITY TO BE OWNED AND OPERATED BY THE STANLEY C. MYERS HEALTH CENTER, INC. AT 1221 71ST STREET, MIAMI BEACH, FLORIDA, AND DIRECTING THE CITY CLERK AND THE PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION TO PROVIDE APPROPRIATE NOTICE THEREOF. WHEREAS, Margueritte W. Ramos, on behalf of the Normandie Sud Homeowners Association, Richard Richmond, on behalf of the Normandy Island Political Action Committee, Maria Saboya, on behalf of the 71st Street/Normandy Drive Neighborhood Association, and Michael Thompson to review an order of the Design Review Board ("DRB") rendered October 22, 1996 regarding DRB File No. 7946 which approved the construction of a new two (2) story health care facility to be owned and operated by the Stanley C. Myers Health Center, Inc. at 1221 71st Street, Miami Beach, Florida; and WHEREAS, pursuant to Subsection 18-2.K of Zoning Ordinance No. 89-2665, a request for review of a Design Review Board order shall be duly noticed and placed on the City Commission agenda for a public hearing; and WHEREAS, pursuant to Zoning Ordinance Subsection 18-2.K, the City Commission must now consider the request at a public hearing. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to review an order of the Design Review Board ("DRB") rendered October 22, 1996 regarding DRB File No. 7946 which approved the construction of a new two (2) story health care facility to be owned and operated by the Stanley C. Myers Health Center, Inc. at 1221 71st Street, Miami Beach, Florida is hereby called to be held before the Mayor and City Commission in their Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on December 4, 1996 beginning at 2:00 p.m., at which time and place all interested parties will be heard, and the City Clerk is hereby authorized and directed to publish appropriate public notice of the said public hearing in a newspaper of general paid circulation in the City of Miami Beach and to provide mail notification to the owners of record of land 2 lying within 375 feet of the property, and the Planning, Design & Historic Preservation Division is hereby authorized and directed to post the property with appropriate notice thereof. PASSED and ADOPTED this 20th day of November , 1996. Ro~~ ~tuck CITY CLERK ATTEST: DJT\kw f: \atto\turn\resos\stnlymyr .hrg APPROVED AS TO FORM & lANGUAGE &fOREXECUTtON ~~ ityAttomey LI/ /lie V).t 3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. toq~ -<1(", TO: Mayor Seymour Gelber and Memben of the City Commission DATE: November 20, 1996 SUBJECT: Jose Garcia-pedrosa. M City Manager t'r FROM: REQUEST FOR THE CITY COMMISSION TO SET A PUBLIC HEARING TO REVIEW A DESIGN REVIEW BOARD DECISION APPROVING THE CONSTRUCTION OF A NEW HEALTH CARE FACILITY TO BE OWNED AND OPERATED BY STANLEY C. MYERS COMMUNITY HEALTH CENTER, INC., AT 1221 71ST STREET. RECOMMENDATION The Administration recommends that the City Commission set a date certain of December 4, 1996 for a public hearing to review a decision of the Design Review Board (DRB) wherein it approved the construction of a new two (2) story health care facility to be owned and operated by Stanley C. Myers Health Center, Inc., at 1221 71st Street, Miami Beach. BACKGROUND On July 23, 1996, Stanley C. Myers Community Health Center, Inc., carne before the Planning Board and received Conditional Use Approval for the construction of a non-profit outpatient health care facility at the subject address. (The Final Order issued by the Planning Board is attached for informational purposes only) . On October 1, 1996, Stanley C. Myers Community Health Center, Inc., carne before the Design Review Board (DRB) and received approval for the construction of a new two (2) story health care facility, inclusive of the demolition of an existing one-story office AGENDA ITEM C-'lH DATE~ building on the site. The staff report to the Design Review Board (DRB) for this project and the Final Order issued by the DRB are attached, hereto, for informational purposes. On October 30, 1996, Margueritte W. Ramos, on behalf of the Normandie Sud Homeowners Association, Richard Richmond, on behalf of the Normandy Island Political Action Committee, Maria Saboya, on behalf of the 71st Street/Normandy Drive Neighborhood Association, and Michael Thompson, filed a request to review the Order of the Design Review Board for this application by the City Commission, pursuant to Section 18-2.K of Zoning Ordinance 89-2665 (see attached letter) . ANALYSIS The Design Review Section of the zoning Ordinance allows an Itaffected personlt to seek Itreviewlt of any Design Review Board Order by the City Commission. In this particular instance the aforementioned individuals are seeking a review of the Final Order for the project described herein, as affected persons. Pursuant to Subsection 18-2.K, the review by the City Commission is not a de novo hearing; rather it must be based upon the record of the hearing before the Design Review Board. Furthermore, Section 18-2.J states the following: In order to reverse, or remand for amendment, modification or rehearing any decision of the Design Review Board, the City Commission shall find that the Design Review Board did not do one of the following: a. provide procedural due process b. observe essential requirements of law, or c. base its decision upon substantially, competent evidence. In order to reverse or remand, a 5/7th vote of the City Commission is required. CONCLUSION 2 CONCLUSION The Administration recommends that the City Commission set a date certain of December 4, 1996 for a public hearing to review this decision of the Design Review Board (DRB) wherein it approved the construction of a new two (2) story health care facility to be owned and operated by Stanley C. Myers Health Center, Inc., at 1221 71st Street, Miami Beach. JGP.:~:T~ F:\PLAN\$ALL\CC_MEMOS\PHR-7946.WPD 3