Loading...
2008-26742 ResoRESOLUTION N0.2008- 26742 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REVERSING A DESIGN REVIEW BOARD DECISION PERTAINING TO DRB FILE NO. 20427, FOR REVISIONS TO PREVIOUSLY APPROVED PLANS FOR THE SCOTT RAKOW YOUTH CENTER AT 2700 SHERIDAN AVENUE, AND APPROVING THE MODIFICATIONS OF THE SHAPE OF THE PLAY AREA TO A RECTANGULAR FORM. WHEREAS, on September 4, 2007, the Design Review Board (DRB) considered a request filed by the Capital Improvements Projects Office (CIP) to renovate the existing Scott Rakow facility, inclusive of a new rectangular fenced play area to the south and west of the existing youth center structure. The DRB approved the project, but required that the proposed play area be reconfigured in a more compact `L' shape adjacent to the building; and WHEREAS, the reconfiguration of the play area proposed by the DRB was inconsistent with the desires and expectations of the surrounding neighborhood and was contrary to recommendations of Planning Department Staff, the CIP Office and the Administration; and WHEREAS, On October 2, 2007, the DRB considered a request of the CIP Office, as the applicant, to modify the September 4, 2007 Order to allow the shape of the play area to be the rectangular form proposed initially, adjacent to the parking lot. The DRB denied the request of the CIP Office to change the playfield area; and WHEREAS, pursuant to City Code Section 118-262, the applicant timely filed an appeal to the City Commission of the Design Review Board decision of October 2, 2007; and WHEREAS, such Code section allows the applicant, or the city manager on behalf of the city administration, or an affected person, Miami Design Preservation League or Dade Heritage Trust to seek a review of any Design Review Board Order by the City Commission; and WHEREAS, pursuant to Section 118-262, 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) provides: 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; and WHEREAS, in order to reverse or remand a decision of the Design Review Board, a 5/7t" vote of the City Commission is required; and WHEREAS, 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; and WHEREAS, on October 17, 2007, the City Commission set the hearing for this appeal to be held on December 12, 2007, and the City Clerk was directed and did notice such hearing, but the Commission continued that hearing until January 16, 2008; and WHEREAS, on January 16, 2008 the City Commission heard the testimony of the Administration on behalf of the appellant and pursuant to the argument given, the written materials submitted, and having been duly advised in the premises, determined that the decision of the Design Review Board on October 2, 2007 was not based upon substantial, competent evidence; and WHEREAS, on January 16, 2008 City Commission considered and adopted a motion to grant the appeal and reverse the decision of the Design Review Board dealing with the shape of the play area and approve the rectangular form play area proposed by the CIP Office; and WHEREAS, the motion to grant the appeal and reverse the decision of the Design Review Board was made and seconded, and approved by a vote of 7-0. NOW THEREFORE BE IT RESOLVED THAT the Mayor and City Commission hereby grant the appeal and reverse the decision of the Design Review Board in file No. 20427 pertaining to "Revisions to Previously Approved Plans" for the Scott Rakow Youth Center at 2700 Sheridan Avenue, and approve the modifications of the shape of the play area to a rectangular form, as requested by the Applicant. PASSED AND ADOPTED, this 16th day of January, 2008. A TEST: ~~ c~ti~~ Robert Parcher, City Clerk Ma i H. Bower, ayor APPROVED AS TO FORM & NGUA~& FOR EXECUTION Z. G ~ ~ TORNEY DATE T:\AGENDA\2008\January l6\Regular\Appeal DRB File No. 20427- GRANTING RESO jan.doc 2 COMMISSION ITEM SUMMARY Condensed Title: At the City request, review a Design Review Board decision rendered on October 2, 2007, relative to a play field at the Scott Rakow Youth Center. Key Intended Outcome Supported: Increase satisfaction with recreational programs Supporting Data (Surveys, Environmental Scan, etc.): More recreational opportunities is ranked by residents as one of the changes that will make Miami Beach a better place to live, work, play, or visit; Issue: Pursuant to Miami Beach City Code Section 118-262, the applicant (the City Administration on behalf of the Office of Capital Improvement Projects) is requesting that the Mayor and City Commission review a decision of the Design Review Board pertaining to DRB File No. 20427. Item Summary/Recommendation: The Administration recommends that the City Commission adopt a Resolution granting the appeal and reversing the decision of the DRB. Advisory Board Recommendation: The Design Review Board denied the subject application on October 2, 2007. Financial Information: Ci Clerk's Office Le islative Trackin Jorge Gomez or Tom Mooney Sign-Offs: Department Director Assistant City Manager City Manager r -~.~ s. _-.. ~_. _, T:WGENDA\2008\January 16\RegularWppeal DRB File No. 20427- SUM jan.doc m MIAMIBEACH o ~ ~i,~El~a~r~M R7 ~ DATE ~-~~- m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, w~ww.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 16, 2008 SUBJECT: A HEARING TO CONSIDER AN APPEAL OF A DESIGN REVIEW BOARD DECISION PERTAINING TO DRB FILE NO. 20427, LOCATED AT 2700 SHERIDAN AVENUE, THE SCOTT RAKOW YOUTH CENTER. ADMINISTRATION RECOMMENDATION Grant the Appeal. BACKGROUND On September 4, 2007, the Design Review Board (DRB) considered a request filed by the Capital Improvements Projects Office (CIP) to partially renovate the interior of the existing Scott Rakow facility, along with several modifications to the exterior site plan and building elevations, including the expansion of the existing main entrance fronting Sheridan Avenue and the re-landscaping and expansion of the existing parking lot. Anew fenced play area was also proposed to the south and west of the existing youth center structure. The Board approved the project, but required that the proposed play area be re-configured in a more compact `L' shape adjacent to the building. The majority of the DRB felt that this reconfiguration would be more suitable from a safety standpoint, as it would allow unimpeded visiblity from park staff at all times. However, this reconfiguration of the play area was inconsistent with the desires and expectations of the surrounding neighborhood and was not recommended by Planning Department Staff, the CIP Office or the Administration. On October 2, 2007, the DRB considered the request of the CIP Office, as the applicant, to allow the shape of the play area to be modified to the rectangular form proposed initially adjacent to the parking lot. The City's intention in seeking this modification from the DRB was based upon a compromise reached between the City and the neighborhood that supported the play area south and west of the existing youth center structure. At the October 2, 2007, DRB meeting this compromise disolved when an attorney representing the Bayshore Homeowners' Association stated objections to the previously agreed upon compromise. The DRB denied the Administration's request to change the playfield area to be consistant with the compromise reached. Subsequent to the DRB meeting the Bayshore HOA has filed, but not yet served, a lawsuit which more clearly supports the lack of a compromise or concensus. January 16, 2008 Commission Memorandum Appeal of DRB File No. 20427 Page 2 of 4 On October 12, 2007, the applicant (the City Administration on behalf of the Capital Improvement Projects Office), filed a request pursuant to Section 118-262 of the City Code, for the City Commission to review the Design Review Board decision rendered on October 2, 2007, pertaining to the request for `Revisions to Previously Approved Plans' to modify the shape and location of the previously approved outdoor play area for the Scott Rakow Youth Center. On October 17, 2007 the City Commission set a date certain of December 12, 2007 for a public hearing to review the DRB decision. ANALYSIS The Design Review Section of the Miami Beach Code allows the applicant, or the city manager on behalf of the city administration, or an affected person, Miami Design Preservation League or Dade Heritage Trust to seek a review of any Design Review Board Order by the City Commission. 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 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 decision of the DRB, a 5/7th vote of the City Commission is required. A review of the transcripts for the Design Review Board hearing on this matter indicates that the DRB did not observe the essential requirements of law and did not make its determinations based on substantial and competent evidence. First, no expert testimony was presented to the Board supporting a supervision or security concern. The recommendations in the report prepared by the Professional Staff to the Board, as well as the testimony of the City Administration in support of the request, and unrebutted, were ignored. Professional Staff Reports constitute substantial competent evidence and the evaluation, analysis and recommendation in the report, and testimony, were not given adequate considerations. Second, the rationale for denying the request to amend the Final Order and allow for a different configuration of the children's play area was not based upon the Design Review Criteria in the Code, nor was any tangible rationale provided by the Board. The decision of the DRB was arbitrary and capricious, and based upon the individual preferences of certain Board members. The revisions rejected by the DRB were the product of a collaborative process with the neighborhood and various advisory boards that resulted in a consensus design for the proposed playground. Even though a different playfield size and configuration would better serve the users it is out of respect of the collaborative process, even though the consensus has fallen apart, that the applicant requests the review by the City Commission of the DRB January 16, 2008 Commission Memorandum Appeal of DRB File No. 20427 Page 3 of 4 decision. This action is noway intended to create a precedent or some other expectation for future similar action. The impact of the collaborative process play field design on the youth utilizing the Scott Rakow Youth Center was to rather significantly reduce the ability to use the area. The recommended/compromise solution created a play area rather irregular in nature for use for outdoor activities. The recommended space is 80' by 373', which is extremely long and narrow as opposed to that space that is currently in use for outdoor play activities. The area currently utilized by the children attending the Scott Rakow Youth Center is approximately 100' X 220'. The current area is not fenced so that there are no real boundaries to the area and the children's use will occasionally spill over as need be to accommodate the specific activity. The more regular shape of the current area is also preferred as it lends itself better to desired play activities such as soccer, kickball and flag football. For purposes of illustration, a regulation sized youth soccer field for ages U - 14 is 180' X 300'. Of the two options considered by the DRB, the one option, which is more" L" shaped, that the DRB actually approved is more user friendly to out door activities than the long narrow rectangular option that is being presented to the City Commission. Even though the "L" shaped option is by observation irregular in shape, the two legs that form the "L" allow for easier use for children's activities. This "L" shaped option was not preferred by the neighborhood. If the play area design had not been impacted by a collaborative process intended to achieve consensus support, it would have taken on a much different location and size. However, changing the play area design from one of the two options considered by the DRB would require remanding it back to the DRB for their action, which is not being suggested. Again, out of respect for the collaborative process and to maintain the commitment offered by the City, the City would agree and make every effort to make the proposed layout of approximately 80' X 370' function and meet the needs of the children playing at the youth center. It is important to note that the neighborhood views the play size as 71' X 373'. As there is apparently no compromise on the play field, that view may be a moot point. The Administration believes that the 71' width is wholly inadequate and that the 80' width is only incrementally larger and still meets the intent of the compromise size and location of the play area. One suggestion that the Administration would offer and operationally implement is to reduce the amount of perimeter fencing to only have it placed to separate the play field from the parking area. Reducing the amount of fencing would serve two purposes. Less fencing would reduce the amount of visual intrusion in the green space and as is now the practice, would also allow some informal flexibility for activities to spill over to accommodate activities. In this manner the Scott Rakow staff would able to better use the long rectangular designated area. As there is no intention of anything but grass in either a play field or golf course use, no adverse impact would result. CONCLUSION The Administration recommends that the Mayor and City Commission adopt a Resolution reversing the decision of the Design Review Board (DRB) pertaining to DRB File No. 20427 (2700 Sheridan Avenue), and approving the requested revision to the Approved Plans. This action would designate an 80' X 373' play area at the Scott Rakow Youth Center. January 16, 2008 Commission Memorandum Appeal of DRB File No. 20427 Page 4 of 4 A specific resolution which reflects the final direction of the City Commission to either grant the appeal, deny the appeal or remand the matter to the DRB together with any findings or conclusions of the City Commission discussion will be prepared by the CityAttorney's Office subsequent to the City Commission vote. JMG/TH/JGG/trm T:IAGENDA120081January 161RegularlAppeal DRB File No. 20427 MEMOjan.doc