102-1998 LTC
({1TY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach,fJ,us
L.T.C. No. 102-1998
LETTER TO COMMISSION
July 8, 1998
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
FROM:
Sergio Rodriguez;x !l
City Manager U lj(f
Withdrawal of Request for the City Commission to Review a Design Review
Board Decision Approving a Request by Transnational Properties, Inc., for the
Renovation, Alteration and Partial Demolition of an Existing Hotel Structure
and the Construction ofa New Suites Hotel Building and a New Condominium
Tower at 6801 Collins Avenue.
SUBJECT:
This letter serves to advise the City Commission that the City Manager, on behalf of the City
Administration, has withdrawn the appeal requesting that the City Commission reverse a decision
of the Design Review Board (DRB), wherein it approved the renovation, alteration and partial
demolition of an existing hotel structure and the construction of a new suites hotel building and a
new condominium tower at 6801 Collins Avenue (DRB File No. 9796).
BACKGROUND
On May 12, 1998, the Design Review Board (DRB) approved a request by Transnational Properties,
Inc., for the renovation, alteration and partial demolition of an existing hotel structure and the
construction of a 26 story (257' to the highest non-habitable projection) suites hotel building and a
42 story (397' to the top ofthe roof) condominium tower at 6801 Collins Avenue (DRB File No.
9796).
On June 11, 1998, the City Manager on behalf of the City Administration, filed a request to have the
Order of the Design Review Board reviewed by the City Commission, pursuant to Section 18-2.K
of Zoning Ordinance 89-2665 (see attached letter).
On June 17, 1998, the City Commission set a date certain of July 1, 1998, to consider a request by
the City Manager to review the Order of the Design Review Board. On July 1, 1998, the City
Commission opened and continued to a date certain of July 13, 1998, a public hearing to consider
a request by the City Manager to review the Order of the Design Review Board.
On July 7, 1998, the City Manager, on behalf of the City Administration, withdrew a previously
filed request to have the Order of the Design Review Board reviewed by the City Commission,
pursuant to Section 18-2.K of Zoning Ordinance 89-2665 (see attached withdrawal letter). As such,
this item has been withdrawn from the agenda of Monday, July 13, 1998.
ANAL YSIS
The Design Review Section of the Zoning Ordinance allows the City Manager on behalf of the City
Administration to seek "review" of any Design Review Board Order by the City Commission. In
this particular instance the City Manager on behalf of the City Administration is 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. It must
be based upon the record of the hearing before the Design Review Board. Furthermore, Section 18-
2.1 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 ofthe following:
a. provide procedural due process
b. observe essential requirements of law, or
c. base its decision upon substantial, competent evidence.
Notwithstanding the previous position of the Administration that the Design Review Board departed
from the essential requirements of the law and failed to support its decision with competent and
substantial evidence concerning Design Review Criterias No.6 and No.7., the applicant has made
some adjustments to the design of the proposed tower which now specifically address those
concerns, as indicated in the attached letter from the applicant's attorney. In light of these changes
and the impact that they have on the design of the project, the Administration has concluded that
the essential issues raised in the initial appeal letter have been addressed.
SRlJG/DJG:TRM
F:\CMGR\$ALL\L TC.98\CARRILON, WITF:\CMGR\$ALL\L TC. 98\CARRILON, WIT
CITY OF MIAMI BEACH
http:\\ci.miami-beach.fl.us
OFFICE OF THE CITY MANAGER
Telephone 673-7010
Facsimile 673-7782
July 7, 1998
Mr. Dean J. Grandin
Historic Preservation and Urban Design Director
1700 Convention Center Drive
Miami Beach, FL 33139
Re: Design Review File No. 9796; 6801 Collins Avenue - The Carillon
Dear Mr. Grandin:
In reference to the above noted matter, please be advised that I, in my capacity as City
Manager, have accepted the additional developmental conditions for the above
referenced file, as provided in the attached letter from Lucia Dougherty, dated July 7,
1998. Specifically, said amended conditions shall be as follows:
1. The plans that were reviewed by the DRB at its May 12, 1998 hearing are
substituted for those which were on file.
2. One (1) floor level shall be removed from either the fourth or the fifth floor of
the architectural base of the North Tower.
3. The architectural bottom of the northern tier of the North Tower shall be
lowered by one floor (13th floor).
4. The northern tier of the North Tower shall be increased in height to twenty-nine
(29) floors and the southern tier of the North Tower shall be increased in height
to twenty-three (23) floors.
5. The center tier of the North Tower shall be reduced to seventeen (17) floors,
which shall automatically be accomplished after the removal of one (1) floor
level from the architectural base pursuant to No.2 above.
6. The original folded plates of The Carillon porte-cochere shall be retained and
restored.
7. The top of the west eyebrow with four circular openings shall be retained and
restored. Furthermore, a parapet shall not be added to this eyebrow.
July 7, 1998
Page Two
Accordingly, I hereby withdraw the June 11, 1998 request for a review of this matter
by the City Commission and hereby request that the Final Building Permit plans for
ORB File No. 9796 incorporate the amended conditions herein.
Sincerely,
~J
Sergio Rodriguez
City Manager
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c:\ WINDOWS\ TEMP\9796-W AP. WPD
Attachment
c: J. Gavarrete
W. Cary
T. Mooney
L. Dougherty
ORB File No. 9796
~~tt~~t~~
ATTORNEYS AT LAW
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III J: 58
'I i I
Lucia A. Dougherty
305-579-0603
July 7, 1998
BY FAX
Mr. Sergio Rodriguez
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Transnational Properties, Inc. - 6801 Collins Avenue, - (Currently "The
Carillon Hotel"), Miami Beach, Florida - DRB File No. 9796
Dear Mr. Rodriguez:
This letter is to confirm your withdrawal of the June 11, 1998 appeal of the above
referenced Design Review Board file upon the following conditions to which my clients accept:
1. That the plans that were reviewed by the DRB at its May 12, 1998 hearing are
substituted for those which were on file.
2. One floor level shall be removed from either the fourth or the fifth floor of the
architectural base.
3. The architectural bottom of the northern tier ofthe North Tower shall be lowered by
one floor (13th floor).
4. The northern tier of the North Tower shall be increased in height to twenty-nine
floors and the southern tier of the North Tower shall be increased in height to
twenty-three floors.
5. The center tier of the North Tower shall be reduced to seventeen floors, which shall
automatically be accomplished after the removal of one floor level from the
architectural base pursuant to No.2 above.
6. The original folded plates of The Carillon porte-cochere shall be retained and
restored.
7. The top of the west eyebrow with four circular openings shall be retained and
GREENBERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P.A.
1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717
MIAMI NEW YORK WASHINGTON, D.C. PHILADELPHIA SAO PAULO
FORT LAUDERDALE WEST PALM BEACH ORLANDO TALLAHASSEE
Mr. Sergio Rodriguez, City Manager
July 7, 1998
Page 2
restored. Furthermore, a parapet shall not be added to this eyebrow.
I understand that your decision was reached in consultation with Tom Mooney, William
Carey, Janet Gaverrete and Dean Grandin. My clients and I wish to thank you for your diligent
pursuit of an architectural solution for your concerns. My client believes that your changes
improve the project considerably, and it is hoped by many that this project will be a catalyst for the
redevelopment of North Beach.
Thank you again.
sm~
Lucia A. Dougherty
cc: Ms. Janet Gaverrete V
Mr. Dean Grandin ~I< ~
Mr. Tom Mooney
Mr. William Carey
Diana Grub Frieser, Esq.
Mr. Paul Murphy
GREENBERG TRAURIG