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2002-24826 Reso RESOLUTION NO. 2002-24826 RESOLUTION OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA DENYING THE APPEAL OF OCEANSIDE AT FISHER ISLAND CONDOMINIUM ASSOCIATION NO.5, INC., AND CERTAIN INDIVIDUALS, OF THE DECISION OF THE DESIGN REVIEW BOARD, FILE NO. 14772, ON THE APPLICATION OF FISHER ISLAND HOLDINGS, LLC FOR CONSTRUCTION OF A BUILDING AT ONE FISHER ISLAND DRIVE ON FISHER ISLAND. WHEREAS, the Design Review Board considered and approved an application by Fisher Island Holdings, LLC, File No. 14772, for construction of a building at One Fisher Island Drive, on Fisher Island; and WHEREAS, an appeal of such decision was filed by Oceanside at Fisher Island Condominium Association No.5, Inc., and certain individuals; and WHEREAS, that appeal is governed by section 118-262, Miami Beach City Code; and WHEREAS, following briefing by the parties, this matter came before the City Commission on April 10, 2002, for oral argument; and WHEREAS, following oral argument, the City Commission considered the appeal according to the criteria in section 118-262. NOW THEREFORE BE IT RESOLVED, that the Mayor and City Commission ofthe City of Miami Beach, pursuant to its authority in Section 118-262, on the appeal of Design Review Board in file no. 14772, find that the Design Review Board provided procedural due process, observed the essential requirements of law, and based its decision upon substantial competent evidence, and therefore denies the appeal. Page 1 of 2 Passed and adopted this 10th d Attest: ~(~ City Clerk Resolution No. 2002-24826 Approved as to Form & Language & For Execution 1fJVfII! City ttomey ~ -y rr (j)-- Dated F:\A TIO\HELG\LITIGATI\Hazelwood\Resolution. wpd Page 2 of 2 OFFICE OF THE CITY ATTORNEY F l o R MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 April 11, 2002 Jeffrey Bass, Esq. Shubin & Bass, P .A. 46 S.W. First Str~et - Third floor . Miami, Florida 33130 '" Clifford Schulman, Esq. Greenberg Traurig 1221 Brickell Avenue Miami, Florida 33131 Appeal ofDRB File No. 14772. Hazelwood Apartments Dear Jeffrey and Cliff: Pursuant to Section 118-262, Miami Beach City Code, attached is a copy of the written order of the City Commission denying the subject appeal. ary . Held First Asst. City Attorney Attachment cc: vi\1urray H. Dubbin, City Attorney Jorge Gomez, Planning Director Robert Parcher, City Clerk F:\A TIO\HELG\LITIGA TI\Hazelwood\Ordertransmittal.letter. wpd 1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \~. City Manager () APPEAL OF DRB FILE NO. 14772 Date: April 1 0, 2002 To: Subject: REVIEW OF A DESIGN REVIEW BOARD DECISION APPROVIN6 A REQUEST BY FISHER ISLANDS HOLDINGS, LLC FOR THE CONSTRUCTION OF A SINGLE TEN (10) STORY APARTMENT STRUCTURE LOCATED AT THE EASTERNMOST PORTION OF THE SITE AT ONE FISHER ISLAND DRIVE ON FISHER ISLAND. RECOMMENDATION The Administration recommends that the Mayor and City Commission affirm the decision of the Design Review Board. ANALYSIS The Mayor and City Commission has been requested to review a decision of the Design Review Board (DRB), wherein it approved DRB File No. 14772 pertaining to the Hazelwood Apartments at One Fisher Island Drive on Fisher Island. The subject project received Design Review Approval on January 15, 2002 for the construction of a single ten-story apartment structure located at the easternmost portion of the site. The Final Order for the subject project was rendered on January 29, 2002. On February 15, 2002, Oceanside at Fisher Island Condominium Association No.5, Inc., together with Mr. And Mrs. John and Carolyn Kapioltas, and Mr. Skip Pines, Mr. David Paresky, and Mr. and Mrs. Steve Berkman, filed a request to have the Order ofthe Design Review Board reviewed by the City Commission, pursuant to Section 118-262 of the City Code. Pursuant to Section 118-262, Miami Beach City Code, the appeal is to the City Commission. That section provides: "The review shall be based on the record of the hearing before the design review board, shall not be a de novo hearing, and no new, additional testimony shall be taken." Accordingly, while notice for the hearing was published (no mailed notice is required), no new public comment should be taken. Presentations should be limited to those by representatives of the appellants, the applicant, and the City. Agenda Item --.B 9 L Date q-J(}-():J- Apri/10, 2002 Commission Memorandum Review of DRB File No. 14772 - Hazelwood Apartments. Page 2 of 3 As the format of the hearing is patterned after certiorari review by a court, the Commission may consider allowing "amici curiae" or "friends ofthe court" to advise the City Commission on the interpretation of the record. This advice, publicly stated at the hearing, must not contain new information, but must be strictly limited to comment on the record before the Design Review Board. Action by the City Commission on the appeal is governed by Section 118-262(b), which provides: (b) 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: (1) Provide procedural due process; (2) Observe essential requirements of law; or (3) Base its decision upon substantial competent evidence. In order to reverse, or remand a five-sevenths vote ofthe City Commission is required. The City Commission's decision shall be set forth in a written order which shall be promptly mailed to all parties to the review. Section 118-262(a) requires the appellants to file with the City Clerk a written transcript of the hearing before the Design Review Board two weeks before the scheduled public hearing on the appeal. The transcript and associated material were transmitted to the Mayor and City Commission via LTC No. 83-2002 (see attached). In order to fully advise the City Commission in advance of the hearing about the issues on appeal, the parties have agreed to provide written summaries of their positions according to a schedule upon which they have agreed. The Administration will distribute these written summaries to the City Commission in advance of the hearing. The Design Review Board determined that the subject development project, consisting of a new medium-density residential development, is well within the scale, context and architectural character of the existing buildings on Fisher Island. Further, the applicant modified the project from the original submission in accordance with the direction of the Board; such modifications include the following: . reducing the number of buildings from four (4) to three (3); . substantially improving the view corridors between the structures; . simplifying the elevations through the re-design ofthe majority ofthe building's balconies and the replacement of numerous arched openings with square openings. April 1 0, 2002 Commission Memorandum Review of DRB File No. 14772 - Hazelwood Apartments. Page 3 of 3 A review of the transcripts for all of the Design Review Board hearings on this matter will indicate that the DRB observed the essential requirements of law, made its determinations based on substantial and competent evidence, and afforded all parties involved due process. The record will also demonstrates that the applicant has proposed a project that falls entirely within the allowable limits of the Land Development Regulations of the Code of the City of Miami Beach. The DRB's review of the project was based upon the Design Review Criteria in Section 118-251 of the City Code. This section of the Code specifies that design review shall encompass the examination of architectural drawings for consistency with the criteria listed in Section 118-251, with regard to the aesthetics, appearances, safety, and function of any new or existing structure and physical attributes of the project in relation to the site, adjacent structures and surrounding community. In addition to the elevations, site plans, floor plans and landscape plans submitted by the project applicant, the Board had before it the recommendation for approval with proposed conditions presented by its professional staff in the form of a comprehensive staff report, as well as the expert testimony of the applicant's architect. Finally, the Board held a public hearing during which members of the public testified and presented evidence. Based upon all ofthe evidence submitted, the Board determined that the proposed project would meet the Criteria for Design Review Approval, if the conditions enumerated in the Final Order are met and, therefore, approved the project. CONCLUSION The Administration recommends that the Mayor and City Commission affirm the decision of the Design Review Board (DRB), wherein it approved DRB File No. 14772 pertaining to the Hazelwood Apartments at One Fisher Island Drive on Fisher Island. JMG\C'IeIb\GMH\JGG\TRM T:\2002lAPR100MEGULAR\HAZELWOOD-MEMO.DOC _ .~>4 CITY OF MIAMI BEACH Office of the City Manager Letter to Commission No. ~~ - .;l,(l)~ ;Z m To: From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez \ . ~ City Manager 0 ".;v t) APPEAL OF A DESIGN REVIEW BOARD ORDER PERTAINING TO THE HAZELWOOD APARTMENTS Date: March 28, 2002 Subject: The Mayor and City Commission have been requested to review a decision of the Design Review Board (DRB), wherein it approved DRB File No. 14772 pertaining to the Hazelwood Apartments at One Fisher Island Drive on Fisher Island. " Pursuant to Miami Beach City Code Section 118-262, the appeal is to the City Commission. The appeal is scheduled to be heard at the April 10, 2002 Commission Meeting. Attached for your information and review are the following documents: 1. Transmittal letter from Jeffrey S. Bass dated March 21, 2002 2. Transcript of the DRB Proceedings rendered 1/29/2002 - Volume I 3. Fisher Island Context Study - Volume II 4. South Pointe Context Study - Volume III 5. Summary Memorandum of Appellate Issues ~ The documents are being transmitted to the Mayor and Commission in advance of the Commission Agenda because of the number and size of the documents. JMG\Gg c: Murray Dubbin, City Attorney Jorge Gomez, Planning Director F:\CLER\CLER\FORMS\Hazelwoodltc.doc " \ CITY OF MIAMI BEACH Office of the City Man~er Letter to Commission No. .~'2t7~~ m To: Mayor David Dermer and Date: April 4, 2002 Members of the City Commission Jorge M. Gonzalez \ ~ ~ City Manager O,yJ D APPEAL OF A DESIGN REVIEW BOARD ORDER PERTAINING TO THE HAZELWOOD APARTMENTS From: Subject: The Mayor and City Commission have been requested to review a decision of the Design Review Board (DRB), wherein it approved ORB File No. 14772 pertaining to the Hazelwood Apartments at One Fisher Island Drive on Fisher Island. Pursuant to Miami Beach City Code Section 118-262, the appeal is to the City Commission. The appeal is scheduled to be heard at the April 10, 2002 Commission Meeting. The following information was transmitted to the Mayor and Members of the City Commission via L.T.C. 83-2002 on March 28,2002: 1. Transmittal letter from Jeffrey S. Bass dated March 21, 2002 2. Transcript of the DRB Proceedings rendered 1/29/2002 - Volume I 3. Fisher Island Context Study - Volume II 4. South Pointe Context Study - Volume III 5. Summary Memorandum of Appellate Issues .._~' In addition to the above information, attached for your information and review is the Appellee's Memorandum of Appellate Issues submitted by Mr. Clifford A. Schulman, Esq. and Cecelia Rennella, Esq. with Greenberg Traurig, P.A. ":z.~ L~~ JMG\REP c: Murray Oubbin, City Attorney Jorge Gomez, Planning Director F:\CLER\CLER\FORMS\Hazelwoodltc2.doc