96-22202 RESO
RESOLUTION NO.
96-22202
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA SETTING A
DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER
A REQUEST BY MARGUERITTE W. RAMOS, ON BEHALF
OF THE NORMANDIE SUD HOMEOWNERS ASSOCIATION,
RICHARD RICHMOND, ON BEHALF OF THE NORMANDY
ISLAND POLITICAL ACTION COMMITTEE, MARIA
SABOYA, ON BEHALF OF THE 71ST STREET/NORMANDY
DRIVE NEIGHBORHOOD ASSOCIATION, AND MICHAEL
THOMPSON TO REVIEW AN ORDER OF THE DESIGN
REVIEW BOARD ("DRB") RENDERED OCTOBER 22, 1996
REGARDING DRB FILE NO. 7946 WHICH APPROVED THE
CONSTRUCTION OF A NEW TWO (2) STORY HEALTH
CARE FACILITY TO BE OWNED AND OPERATED BY THE
STANLEY C. MYERS HEALTH CENTER, INC. AT 1221
71ST STREET, MIAMI BEACH, FLORIDA, AND
DIRECTING THE CITY CLERK AND THE PLANNING,
DESIGN & HISTORIC PRESERVATION DIVISION TO
PROVIDE APPROPRIATE NOTICE THEREOF.
WHEREAS, Margueritte W. Ramos, on behalf of the Normandie Sud
Homeowners Association, Richard Richmond, on behalf of the Normandy
Island Political Action Committee, Maria Saboya, on behalf of the
71st Street/Normandy Drive Neighborhood Association, and Michael
Thompson to review an order of the Design Review Board ("DRB")
rendered October 22, 1996 regarding DRB File No. 7946 which
approved the construction of a new two (2) story health care
facility to be owned and operated by the Stanley C. Myers Health
Center, Inc. at 1221 71st Street, Miami Beach, Florida; and
WHEREAS, pursuant to Subsection 18-2.K of Zoning Ordinance No.
89-2665, a request for review of a Design Review Board order shall
be duly noticed and placed on the City Commission agenda for a
public hearing; and
WHEREAS, pursuant to Zoning Ordinance Subsection 18-2.K, the
City Commission must now consider the request at a public hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public
hearing to review an order of the Design Review Board ("DRB")
rendered October 22, 1996 regarding DRB File No. 7946 which
approved the construction of a new two (2) story health care
facility to be owned and operated by the Stanley C. Myers Health
Center, Inc. at 1221 71st Street, Miami Beach, Florida is hereby
called to be held before the Mayor and City Commission in their
Chambers on the Third Floor of City Hall, 1700 Convention Center
Drive,
Miami Beach, Florida, on December 4, 1996 beginning at
2:00 p.m., at which time and place all interested parties will be
heard, and the City Clerk is hereby authorized and directed to
publish appropriate public notice of the said public hearing in a
newspaper of general paid circulation in the City of Miami Beach
and to provide mail notification to the owners of record of land
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lying within 375 feet of the property, and the Planning, Design &
Historic Preservation Division is hereby authorized and directed to
post the property with appropriate notice thereof.
PASSED and ADOPTED this
20th day of
November
, 1996.
Ro~~ ~tuck
CITY CLERK
ATTEST:
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APPROVED AS TO
FORM & lANGUAGE
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CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. toq~ -<1(",
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE:
November 20, 1996
SUBJECT:
Jose Garcia-pedrosa. M
City Manager t'r
FROM:
REQUEST FOR THE CITY COMMISSION TO SET A PUBLIC
HEARING TO REVIEW A DESIGN REVIEW BOARD DECISION
APPROVING THE CONSTRUCTION OF A NEW HEALTH CARE
FACILITY TO BE OWNED AND OPERATED BY STANLEY C.
MYERS COMMUNITY HEALTH CENTER, INC., AT 1221 71ST
STREET.
RECOMMENDATION
The Administration recommends that the City Commission set a date
certain of December 4, 1996 for a public hearing to review a
decision of the Design Review Board (DRB) wherein it approved the
construction of a new two (2) story health care facility to be
owned and operated by Stanley C. Myers Health Center, Inc., at 1221
71st Street, Miami Beach.
BACKGROUND
On July 23, 1996, Stanley C. Myers Community Health Center, Inc.,
carne before the Planning Board and received Conditional Use
Approval for the construction of a non-profit outpatient health
care facility at the subject address. (The Final Order issued by
the Planning Board is attached for informational purposes only) .
On October 1, 1996, Stanley C. Myers Community Health Center, Inc.,
carne before the Design Review Board (DRB) and received approval for
the construction of a new two (2) story health care facility,
inclusive of the demolition of an existing one-story office
AGENDA ITEM
C-'lH
DATE~
building on the site. The staff report to the Design Review Board
(DRB) for this project and the Final Order issued by the DRB are
attached, hereto, for informational purposes.
On October 30, 1996, Margueritte W. Ramos, on behalf of the
Normandie Sud Homeowners Association, Richard Richmond, on behalf
of the Normandy Island Political Action Committee, Maria Saboya, on
behalf of the 71st Street/Normandy Drive Neighborhood Association,
and Michael Thompson, filed a request to review the Order of the
Design Review Board for this application by the City Commission,
pursuant to Section 18-2.K of Zoning Ordinance 89-2665 (see
attached letter) .
ANALYSIS
The Design Review Section of the zoning Ordinance allows an
Itaffected personlt to seek Itreviewlt of any Design Review Board Order
by the City Commission. In this particular instance the
aforementioned individuals are seeking a review of the Final Order
for the project described herein, as affected persons.
Pursuant to Subsection 18-2.K, the review by the City Commission is
not a de novo hearing; rather it must be based upon the record of
the hearing before the Design Review Board. Furthermore, Section
18-2.J 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:
a. provide procedural due process
b. observe essential requirements of law, or
c. base its decision upon substantially, competent evidence.
In order to reverse or remand, a 5/7th vote of the City
Commission is required.
CONCLUSION
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CONCLUSION
The Administration recommends that the City Commission set a date
certain of December 4, 1996 for a public hearing to review this
decision of the Design Review Board (DRB) wherein it approved the
construction of a new two (2) story health care facility to be
owned and operated by Stanley C. Myers Health Center, Inc., at 1221
71st Street, Miami Beach.
JGP.:~:T~
F:\PLAN\$ALL\CC_MEMOS\PHR-7946.WPD
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