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96-21891 RESO RESOLUTION NO. 96-21891 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 THE SOUTH POINTE CITIZENS COALITION AND MARK NEEDLE AND CHARLES SCHAAB, INDIVIDUALLY, TO REVIEW AN ORDER OF THE DESIGN REVIEW BOARD ("DRB") RENDERED FEBRUARY 5, 1996 REGARDING DRB FILE NO. 6653 WHICH APPROVED THE CONSTRUCTION OF A 361 UNIT, 34 STORY (313' TO THE TOP OF THE ROOF AND 343' TO THE HIGHEST ARCHITECTURAL PROJECTION) APARTMENT BUILDING, WITH LOW-RISE APARTMENT UNITS AT THE PEDESTRIAN LEVEL, LOCATED ON THE WEST SIDE OF ALTON ROAD BETWEEN FIRST AND SECOND STREETS (THE SSDI SOUTH SITE), TENTATIVELY NAMED THE YACHT CLUB AT SOUTH BEACH. WHEREAS, the South pointe Citizens Coalition and Mark Needle and Charles Schaab, individually, have requested a review of an order of the Design Review Board (IIDRB") rendered February 5, 1996 regarding DRB File No. 6653 which approved the construction of a 361 unit, 34 story (313' to the top of the roof and 343' to the highest architectural projection) apartment building, with low-rise apartment units at the pedestrian level, located on the west side of Alton Road between First and Second Streets (the SSDI South Site), tentatively named The Yacht Club at South Beach. WHEREAS, pursuant to Subsection 18-2K 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 18-2K, 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 February 5, 1996 regarding DRB File No. 6653 which approved the construction of a 361 unit, 34 story (313' to the top of the roof and 343' to the highest architectural proj ection) apartment building, with low-rise apartment units at the pedestrian level, located on the west side of Alton Road between First and Second Streets (the SSDr South Site), tentatively named The Yacht Club at South Beach, 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 March 20,1996 beginning at 3:00 p.m., and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 20th I 1996. ATTEST: Row ~~ CITY CLERK FORM APPROVED lEGAL DEPT. By 111 ~Jdh Date ~fI"/1~ DJT:kw c:wpwin60\resos\spccdrb.res 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 8lo -- q ~ TO: Mayor Seymour Gelber and Members of the City Commission DATE: February 20, 1996 SUBJECT: Jose Garcia-Pedrosa It City Manager REQUEST OR THE CITY COMMISSION TO SET A PUBLIC HEARING TO REVIEW A DESIGN REVIEW BOARD DECISION APPROVING THE CONSTRUCTION OF A 361 UNIT, 34 STORY (313 I TO THE TOP OF THE ROOF AND 343 I TO THE HIGHEST ARCHITECTURAL PROJECTION) APARTMENT BUILDING WITH LOW-RISE APARTMENT UNITS AT THE PEDESTAL LEVEL LOCATED ON THE WEST SIDE OF ALTON ROAD BETWEEN FIRST AND SECOND STREETS (THE SSDI SOUTH SITE), TENTATIVELY NAMED THE YACHT CLUB AT SOUTH BEACH. FROM: RECOMMENDATION The Administration recommends that the City Commission set a date certain of March 6, 1996 for a public hearing to review a decision of the Design Review Board (DRB) wherein it approved the construction of a 361 unit, 34 story (313' to the top of the roof and 343' to the highest architectural projection) apartment building with low-rise apartment units at the pedestal level on the west side of Alton Road between First and Second Streets (The SSDI South Site) BACKGROUND On January 9, 1996, The Related Group of Florida, came before the Design Review Board (DRB) and received approval for the construction of the Yacht Club at South Beach, a 361 unit, 34 story (313' to the top of the roof and 343' to the highest architectural AGENDA ITEM c..1E 2.-2o-QL, DATE projection) apartment building with low-rise apartment units at the pedestal level. The staff report to the Design Review Board on this project and the Final Order issued by said Board are attached for informational purposes. On January 29, 1996, The South Pointe Citizens Coalition and two members of the former Citizens Urban Design Guidelines Committee 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 the attached letter) . ANALYSIS In October of 1994, the City Commission adopted amendments to the Design Review Section of the Zoning Ordinance, which now allow an "affected person" to seek "review" of any Design Review Board Order by the City Commission. In this particular instance both the South Pointe Citizens Coalition, along with Messrs Mark Needle and Charles Schaab of the former Citizens Urban Design Guidelines Committee are seeking a review of the Final Order for the project described herein. 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 it I S evidence. decision upon substantially, competent In order to reverse, or remand a 5/7th vote of the City Commission is required. 2 CONCLUSION The Administration recommends that the City Commission set a date certain of March 6, 1996 for a public hearing to review the aforementioned decision of the Design Review Board (DRB) approving the Yacht Club at South Beach project located on the west side of Alton Road between First and Second Streets (the SSDI South Site) . 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