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2004-25659 Reso RESOLUTION NO. 2004-25659 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., OF THE DECISION OF THE DESIGN REVIEW BOARD, FILE NO. 17666, ON THE APPLICATION OF FISHER ISLAND HOLDINGS, LLC FOR CONSTRUCTION OF AN ELEVEN (11) STORY BUILDING AT THE EASTERNMOST PORTION OF THE SITE AT 7100 FISHER ISLAND DRIVE ON FISHER ISLAND. WHEREAS, the Design Review Board considered and approved an application by Fisher Island Holdings, LLC, File No. 17666, for construction of a building at 7100 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 WHEREAS, that appeal is governed by section 118-262, Miami Beach City Code; and WHEREAS, this matter came before the City Commission on July 28, 2004, 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. 17666, 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. ~~r f~ City Clerk Approved as to Form & Language & For Execution ~ J~'-oY Dated Resolution No. 2004-25659 F:latto\HELG\LITIGA TIIOceansideIResolution2004.doc 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach,fl,us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~ City Manager O' 0 APPEAL OF DRB FILE NO. 17666 Date: July 28, 2004 To: Subject: REVIEW OF A DESIGN REVIEW BOARD DECISION APPROVING A REQUEST BY FISHER ISLANDS HOLDINGS, LLC FOR THE CONSTRUCTION OF AN ELEVEN (11) STORY MULTI-FAMILY RESIDENTIAL BUILDING LOCATED AT THE EASTERNMOST PORTION OF THE SITE AT 7100 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 (ORB), wherein it approved ORB File No. 17666 pertaining to the Palazzo del Mar project at 7100 Fisher Island Drive on Fisher Island. The subject project received Design Review Approval on May 18, 2004 forthe construction of an eleven (11) story multi- family residential building located atthe easternmost portion of the site. The Final Order for the subject project was rendered on June 1, 2004. On June 18, 2004, Oceanside at Fisher Island Condominium Association No.5, Inc., filed a request to have the Order of the 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. As the format of the hearing is patterned after certiorari review by a court, the Commission may consider allowing "amici curiae" or "friends of the 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 Agenda Item Date R913 7-;2 ({ -(J f{ July 28, 2004 Commission Memorandum Review of ORB File No. 17666 - Palazzo del Mar. Page 2 of 3 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 of the 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. 170-2004. 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 (ORB) 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. The subject project was also smaller in scale than the project previously approved by the ORB, under a separate application in 2002, and modified in design to respond to changing market conditions, providing increased amenities to future residents. The project was also re- aligned to minimize visual impacts on the adjacent existing condominium. A review of the transcripts for all of the Design Review Board hearings on this matter indicates that the ORB observed the essential requirements of law, made its determinations based on substantial and competent evidence, and afforded all parties involved due process. The record 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 July 28, 2004 Commission Memorandum Review of ORB File No. 17666 - Palazzo del Mar. Page 3 of 3 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 of the 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 (ORB), wherein it approved ORB File No. 17666 pertaining to the Palazzo del Mar project at 7100 Fisher Island Drive on Fisher Island. JMG\CKk\Itr~ T:IAGENDA\2004UUL2804\REGULARIFISHER ISLAND - MEMO.DOC 20 ~ o '" >- ...J =; >' <f o Z => '" o ...J <! '" lOJ I lOJ I f- CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING ro ...... g .,; D ~ NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wedne.clllJ, .luIJ 28, 2004, .t 10:30 ..m., pursuant to Miami Beach City Code Section 118-262, to review a Design Review Board decision requested by the Oceanside at Fisher Island Condominium Association No.5, Inc. Inquiries may be directed to the City Clerk's Office at (305) 673-7411. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be proVided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public thaI: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible fonnat, sign language interpreters, infonnation on access for persons with disabilities, and! or any accommodation to review any document or participete in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). (Ad #0271)h i:. " " " '"