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99-23016 RESO RESOLUTION NO. 99-23016 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a public hearing to review a Design Review Board Decision approving a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 400 South Pointe Drive. WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a process for the review of decisions rendered by the Design Review Board has been established under Section 118-262 of the Miami Beach Code; and WHEREAS, an affected person has the right to seek a review by the City Commission of a project approved by the Design Review Board; and WHEREAS, the Design Review Board, on November 10, 1998, approved a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 - 400 South pointe Drive (DRB File No. 9943); and WHEREAS, The Appellant, Mr, Jere Bishop, an owner of property within 375' of the project which is the subject of the appeal, has requested a review of the decision rendered by the Design Review Board concerning DRB File No. 9943. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1. The City Commission hereby sets a time certain of 2:30 pm, on January 20, 1999 to review the decision of the Design Review Board (DRB File No. 9943) wherein it approved a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 - 400 South Pointe Drive. PASSED and ADOPTED this 6th day of January, 1999. ATTEST: V;!fJ1 ~ r P 1U-WM- MAYOR APpROVED ftS TO FORM & LANGUAGE & FOR EXECUTION CITY CLERK /Uf.~L I1jWY Cl ornev TRM:tm T:\AGENDA\1999\JAN0699\REGULAR\RES-9943,WPD Frida~'~ Decem ber II ~ 1998 To the: Historic Presen'ation and llrban Design Director Miami Beach, Florida Subject: Appeal of DRB decision in File No. 9943 The undersigned aggrieved person~ as well as those aggrieved persons listed in the attach ment hereto hereb~' appeal the subject DRB decision to the City Commission for consideration of the issues raised in that attachment. Although the decision being appealed seems somewhat innocent in subject matter (i.e. making permanent a drivewa'y now temporary)~ we believe the implications of that decision are so profound that it must be considered a substantial modification of the South Pointe Concept Plan. Hence, under the 1984 South Pointe Development Agreement, only the Ci~,' Commission has the authority to rule on the matter. Inc rely yours, e Bishop~ Unit 604, South Pointe Tower 400 South Pointe Drive Miami Beach, Florida 33139 (305) 535-1130 Appeal to the Miami Beach City Commission of the ORB decision re File No. 9943 1. Introduction - This is an appeal of the November 10, 1998 ORB decision in design review file #9943 approving an application of Marquesa Development to make the currently temporary entrance drive ramp for South Pointe and Portofino Towers the permanent ramp. The appeal is timely since it is filed prior to expiration of the 20 day period of time subsequent to issuance of the final order in said file. 2. Basis - The decision in #9943 amounts to a substantial modification of the South Pointe Project Concept Plan. Under the 1984 South Pointe Development Agreement, only the Miami Beach City Commission has the power to approve substantial modifications to the Concept Plan. 3. Foundation - In 1995, under DRB file # 4807, the ramp was declared a substantial modification to the Concept Plan and thus it was only allowed on a temporary basis. Quote: " The entrance applied for ----- is not consistent with the Concept Plan in the (1984) Development Agreement. This entrance is not a substantial modification of the Agreement as long as it is only temporary. The entrance will be considered temporary as long as it is removed by the earlier of the following dates: a. Three years from March 7, 1995, or b. the date set for its removal at the time this Board approves plans for completion of the remaining phases of the project as shown on the Concept Plan." 4.Further foundation - The Concept Plan was approved by the City Commission in 1984. Since then, no substantial modifications have been allowed by the City Commission. The Concept Plan is a well conceived overall master plan for development of the 18 or so acres known as the South Pointe Project. When the initial pioneering purchasers in South Pointe Tower bought their units the Concept Plan was an integral and important part of the sales pitch. Unless exceedingly unusual conditions arise, the Concept Plan should be carried out to the letter in deference to the initial purchasers as well as the current occupants of South Pointe Tower. This proposal reroutes vehicle traffic from the Concept Plan's Ocean Drive combined project condominium entrance to a new entrance just for the Portofino and South Pointe Towers. The indirect effect of this rerouting is to facilitate the isolation of the latter two towers from the rest of future development. However, a k~y feature of the Concept Plan was and is an integration of all surface amenities in the overall South Pointe Project for the use and benefit of all four condominium buildings proposed. Naturally all four condo associations would share the cost as well as the control of these amenities. This is a much more preferable end result from the perspective of South Pointe Tower than the current situation, where Portofino Tower, owing to their slight numerical edge in number of residential units, enjoys a 3 to 2 perpetual edge in the now governing Master Association. If the City supports and assures the Concept Plan's approach, eventually an enlarged Master Association will exist and a more democratically elected Master Board will watch over these facilities. This end result was promised to the pioneering initial South Pointe purchasers w'hen they bought. It is fair and proper that the City, a signatory of the 1984 Development Agreement and approving entity for the Concept Plan do nothing to derail the higher purposes of the Concept Plan! Please do not allow this driveway relocation to become permanent in derogation of the Concept Plan! 5. Merits of the Concept Plan - Extensive surface amenities serving four condominium towers, each with a voice in operation of the amenities. One large interior parking structure pr~viding parking for all four towers. Condo buildings and the hotel placed such as to maximize views from all buildings. The hotel, a naturally intensive use and one open to the general public, has its public and service entrances ofT of Biscayne (now South Pointe Drive), thus not mixing hotel and condominium traffic. 6. Concept Plan Reaffirmation - We, the undersigned aggrieved parties, recommend to the City Commission that a public hearing be held to review the merits of the Concept Plan in the light of current and potential future conditions in South Miami Beach to ascertain the Plan's value as a master plan today. 7. Unless and until the Concept Plan is found to not meet City needs, we urge that no changes should be allowed except under the procedures spelled out in the 1984 Development Agreement. 8. For the City's information, the recently DRB approved file numbers 9192 and 10385 both also will require City Commission approval under the 1984 Development Agreement for the same reasons this matter requires such approval! 9. To assist the Commission in ascertaining the merits of this appeal, it is suggested that a hearing be held to ascertain the proper threshold for a change to be considered a "substantial modification" to the Concept Plan. This appeal is made by the undersigned aggrieved DESIGN REVIEW BOARD City of Miami Beach, Florida DRAFT MEETING DATE: November 10, 1998 IN RE: The Application for Design Review Approval to change the status of an existing entrance driveway for South pointe and Portofino Towers from temporary to permanent. PROPERTY: 300 - 400 South pointe Drive FILE NO: 9943 o R D E R The applicant, Marquesa Development, Ltd, filed an application with the City of Miami Beach's Planning Department for Design Review approval. The City of Miami Beach's Design Review Board makes the following FINDINGS OF FACT, based upon the evidence, information, testi~ony and materials presented at the public hearing and which is part of the record for this matter: A. Based on the plans and documents submitted with the application, testimony and information provided by the applicant, and the reasons set forth in the Planning Department Staff Report, the proj ect as submitted is not consistent with the Design Review Criteria Nos. 2, 6, 7, 8 & 17 in Section 118-251 of the Miami Beach Code. B. The project would be consistent with the afore-stated criteria and requirements if the following conditions are met: 1. Public Art in the form of sculpturel in a pedestrian scale I shall be required along the north side of the subject propertYI in between the sidewalk and the driveway I in a manner to be approved by staff, IT IS HEREBY ORDERED I based upon the foregoing findings of factI the evidence, informationl testimony and materials presented at the public hearingl which is part of the record for this matter and the staff report and analysis, which is adopted hereinl excluding the staff recommendations which were amended by the Boardl that the Application for Design Review approval is granted for the above- referenced project subject to those certain conditions specified in paragraph B of the Findings of Fact hereof (condition #1) I to which the applicant has agreed. No building permit may be issued unless and until all conditions of approval as set forth herein have been met. The issuance of Design Review approval does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including zoning approval. If adequate handicapped access is not provided, this approval does not mean that such handicapped access is not required or that the Board supports an applicant's effort to seek waivers relating to handicapped accessibility requirements. When requesting a building per.mit. three (3) sets of plans approved by the Board. modified in accordance with the above conditions. as well as annotated floor plans which clearly delineate the Floor Area Ratio (FAR) calculations for the project. shall be submitted to the Planning Department. If all of the above-specified conditions are satisfactorily addressed, the plans will be reviewed for building permit approval. Two (2) sets will be returned to you for submission for a building permit and one (1) set will be retained for the Design Review Board's file. If the Full Building Permit is not issued within one (1) year of the meeting date and construction does not commence within two (2) years of the meeting date, and continue diligently through completion, the Design Review approval will expire and become null and void. Dated this day of , 1998. DESIGN REVIEW BOARD City of Miami Beach, Florida By: Chairperson Approved as to Form: City Attorney Office of the (Initials/Date) Final Order filed and in possession of the Clerk of the Board: Clerk of the Design Review Board (Initials/Date) F:\PLAN\$DRB\DRB98\NOVDRB98\9943.FO 2 CITY OF MIAMI BEACH PLANNING DEPARTMENT in DESIGN REVIEW BOARD 81 AFF REPORT FROM: DESIGN REVIEW BOARD DEAN J, GRANDIN, Jr., DIRECTOR~ PLANNING DEPARTMENT ~' TO: DATE: NOVEMBER 10, 1998 MEETING RE: DESIGN REVIEW FILE NO. 9943 300 - 400 South Pointe Drive The applicant, Marquesa Development, Ltd, is requesting Design Review Approval to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent. HISTORY IPROJECT: On February 8, 1994, the applicant received Design Review Approval for the construction of a 44-story Condominium Tower. One of the conditions of said approval was that revised drawings for the ground level retail storefronts and entrance driveway be submitted to the Board as a revision to the approved plans at a later date. The existing driveway was approved as a "temporary driveway". On October 4, 1994, the applicant came before the Board for Design Review Approval for revisions to previously approved plans for a new entrance feature. At this meeting, the Board made a finding of fact that "the entrance system is the major point of interface between the project and the surrounding area". The Board denied the applicant's request to modify the entrance feature to the project. The applicant came before the Board on March 10, 1998, seeking to change the status of the existing vehicular entry-drive from temporary to permanent, and the maltter was continued to a date certain of May 12, 1998, in order to address the c:oncerns delineated in the staff report. On May 12, 1998, the matter was continued to a date certain of June 9, 1998, in order for the applicant to have additional time to address the concerns expressed in the previous staff report. On June 9, 1998 the matter was continued to August 11, 1998 and then tCl August 26, 1998; on August 26, 1998 the matter was continued to a date certain of October 13, 1998. On October 13, 1998, the application was continued to a date certain of November 10, 1998, at the request of the applicant. COMPLIANCE WITH ZONING CODE: The application, as proposed, appears to comply with all pertinent aspects of the City Zoning Code; this shall require final verification, ACCESSIBILITY COMPLIANCE Additional information will be required for a complete accessibility review pursuant to the requirements of the Florida Accessibility Code (FAC). CONCURRENCY DETERMINA liON: A preliminary evaluation of this application indicates that it will not degrade the adopted Levels of Service (LOS) for Roads, Sanitary Sewer, Solid Waste, Drainage, Potable Water and Recreation. Accordingly staff has made a preliminary determination that the concurrency requirements of the code have been met, COMPLIANCE WITH DESIGN REVIEW CRITERIA: Design Review encompasses the examination of architectural drawings for consistency with the criteria stated below with regard to the aesthetics, appearances, safety, and function of the structure or proposed structures in relation to the site, adjacent structures and surrounding community. Staff recommends that the following criteria is found to be satisfied, not satisfied or not applicable, as hereto indicated: 1 . The existing and proposed conditions of the Lot, including but not necessarily limited to topography, vegetation, trees, drainage, and Waterways. - Satisfied 2. The location of all eXIsting and proposed Buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping Structures, Signs, and lighting and screening devices. - Not Satisfied; see Staff Analysis 3. The dimensions of all Buildings, Structures, setbacks, parking spaces, Floor Area Ratio, height, Lot Coverage and any other information that may be reasonably required to determine compliance with this Ordinance. - Satisfied 4. The color, design, selection of landscape materials and architectural elements of Exterior Building surfaces and primary public interior areas for Developments requiring a Building Permit in areas of the City identified in Subsection B of this Section. - Satisfied .., 5. The proposed Structure is in conformity with the standards of this Ordinance and other applicable ordinances, architectural and design guidelines, and plans insofar as the location and appearance and design of the Buildings and Structures are involved. - Satisfied 6. The proposed Structure indicates a sensitivity to and is compatible with the environment and adjacent Structures, and enhances the appearance of the surrounding properties. - Not Satisfied; see Staff Analysis 7, The design and layout of Buildings shall be reviewed so as to provide an efficient arrangement of land uses, Particular attention shall be given to safety, crime prevention and fire protection, relationship to the surrounding neighborhood, impact on contiguous and adjacent Buildings and lands, pedestrian sight lines and view corridors. - Not Satisfied; see Staff Analysis 8. Pedestrian and vehicular traffic movement within and adjacent to the Site shall be reviewed to ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the Site from adjacent roads shall be designed so as to interfere as linle as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the Site. - Not Satisfied; see Staff Analysis 9. Lighting shall be reviewed to ensure safe movement of persons and vehicles and reflection on public property for security purposes and to minimize glare and reflection on adjacent properties. - Satisfied 1 O. Landscape and paving materials shall be reviewed to ensure an adequate relationship with and enhancement of the overall Site Plan design. - Satisfied 11 , Buffering materials shall be reviewed to ensure that headlights of vehicles, noise, and light from Structures are adequately shielded from public view and pedestrian areas. - Satisfied 12. Storm drainage, sanitary waste disposal, and water supply shall be reviewed' and considered in terms of the adequacy of existing systems, and the need for improvements, both on-Site and off-Site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure. 3 -Satisfied , 3. Garbage disposal shall be reviewed to ensure freedom from vermin and rodent infestation. All disposal systems shall meet municipal specifications as to installation and construction, - Satisfied 14, The overall project shall be reviewed for compliance with the City's Comprehensive Plan or Neighborhood Plans that apply to or affect the subject property , - Satisfied , 5. To promote reduced crime and fear of crime through the use of Crime Prevention Through Environmental Design Guidelines and Strategies. - Satisfied , 6. The proposed Structure has an orientation and massing which is sensitive to and compatible with the Building Site and surrounding area and which creates or maintains important view corridor(s). - Satisfied , 7. The Building has, where feasible, space in that part of the ground floor fronting a street, or streets which is to be occupied for residential or Commercial Uses; likewise, the upper floors of the pedestal portion of the proposed Building fronting a street, or streets, shall have residential or Commercial spaces, shall have the appearance of being a residential or Commercial space or shall have an architectural treatment which shall buffer the appearance of the parking Structure from the surrounding area and is integrated with the overall appearance of the project. - Not Satisfied; see Staff Analysis , 8, The Building shall have an appropriate and fully integrated rooftop architectural treatment which substantially screens all mechanical equipment, stairs and elevator towers. - Satisfied , 9. An addition on a Building Site shall be designed, sited and massed in a manner which is sensitive to and compatible with the existing improvement(s). - Satisfied STAFF ANALYSIS: Staff believes that the existing drive-way, as presently located and designed, has a substantially negative impact on the pedestrian character of the immediate 4 streetscape. Furthermore, the dimensions of the existing ramping system do not allow for an appropriate sidewalk type use, such as retail; consequently the entrance ramp designs literally turns its back to the low scale character of the surrounding area. In addition to these urban issues, staff also has a concern relative to the final outcome of the entrance system for the Ocean Parcel proJect. In this regard, it may eventually be concluded that both the existing Portofino and South Point Towers will have to share a common access point with the final site plan for the entire master parcel. RECOMMENDA TION: In view of the foregoing analysis, staff strongly recommends that this application be DENIED, and that a new ramping system, which better acknowledges the street/sidewalk along South Pointe Drive, be re-submitted as a new application. DJG:TRM F:\PLAN\ $DRB\DRB98\NOVDRB98\9943, NOV 5 :ITY OF MIAMI BEACH ;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ltlp:\\ci, miami-beach, fl, us COMMISSION MEMORANDUM NO, /3-CjCJ TO: Mayor Neisen O. Kasdin and Members of the City Commission DATE: .January 6,1999 FROM: Sergio Rodriguez City Manager ~ SUBJECT: A Resolution of the May and City Commission of the City of Miami Beach, Florida, setting a public hearing to review a Design Review Board Decision approving a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 - 400 South Pointe Drive. RECOMMENDA TION The Administration recommends that the City Commission, pursuant to Subsection 118-262 of the Miami Beach Code. set a public hearing on January 20, 1999. with a time certain. to review a decision of the Design Review Board (ORB). wherein it approved a request by Marquesa Development. Ltd.. to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 - 400 South Pointe Drive (DRB File No. 9943), BACKGROUND On November 10, 1998, the Design Review Board (ORB) approved a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 - 400 South Pointe Drive, The staff report to the DRB for this project and the Draft Final Order are attached, hereto, for informational purposes, On December 1 t, 1998, Mr. Jere Bishop, an owner of property within 375' of the project which is the subject of the appeal, on behalf of himself: as well as Ernst Rosenkrantz, Michel Leibovici, Esther Vidaurreta.luis Pujol and Olga Cenal, who also own property within 375' of the project which is the subject of the appeal, filed a request to have the Order of the Design Review Board reviewed by the City Commission, pursuant to Section 118-262 Of the Miami Beach Code (see attached letter), ANALYSIS The Design Review Section of the Miami Beach Code allows an "affected" to seek "review" of any Design Review Board Order by the City Commission, In this particular instance Mr. Bishop, an owner of property within 375' of the project which is the subject of the appeal, on behalf of himself: DATE C-LE- \-lo'<1..i AGENDA ITEM as well as Emst Rosenkrantz, Michel Leibovici, Esther Vidaurreta, luis Pujol and Olga Cenal, who also own property within 375' of the project which is the subject of the appeaL is seeking a review of the Final Order for the project described herein. Pursuant to Section 118-262 of the Miami Beach Code, 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 118-262 (b) 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 tind that the Design Revie\v 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, Mr, Jere Bishop has indicated that the basis for the appeal is that the decision of the Design Review Board amounts to an amendment to the Concept Plan of the 1984 Development Agreement and that only the City Commission has the authority to amend said Concept plan, In order to reverse or remand a decision of the DRB, a 517th vote of the City Commission is required, CONCLUSION The Administration recommends that the City Commission set a public hearing on January 20, 1999, with a time certain, to review a decision of the Design Review Board (ORB), wherein it approved a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Porto fino Towers from temporary to permanent at 300 - 400 South Pointe Drive (DRB File No, 9943). SR~:~:TRM T:\AGENDA \ I 999\JAN0699\REGULAR\PHR-9943 . WPD