96-21891 RESO
RESOLUTION NO.
96-21891
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 THE SOUTH POINTE CITIZENS
COALITION AND MARK NEEDLE AND CHARLES SCHAAB,
INDIVIDUALLY, TO REVIEW AN ORDER OF THE DESIGN
REVIEW BOARD ("DRB") RENDERED FEBRUARY 5, 1996
REGARDING DRB FILE NO. 6653 WHICH APPROVED THE
CONSTRUCTION OF A 361 UNIT, 34 STORY (313' TO
THE TOP OF THE ROOF AND 343' TO THE HIGHEST
ARCHITECTURAL PROJECTION) APARTMENT BUILDING,
WITH LOW-RISE APARTMENT UNITS AT THE
PEDESTRIAN LEVEL, LOCATED ON THE WEST SIDE OF
ALTON ROAD BETWEEN FIRST AND SECOND STREETS
(THE SSDI SOUTH SITE), TENTATIVELY NAMED THE
YACHT CLUB AT SOUTH BEACH.
WHEREAS, the South pointe Citizens Coalition and Mark Needle
and Charles Schaab, individually, have requested a review of an
order of the Design Review Board (IIDRB") rendered February 5, 1996
regarding DRB File No. 6653 which approved the construction of a
361 unit, 34 story (313' to the top of the roof and 343' to the
highest architectural projection) apartment building, with low-rise
apartment units at the pedestrian level, located on the west side
of Alton Road between First and Second Streets (the SSDI South
Site), tentatively named The Yacht Club at South Beach.
WHEREAS, pursuant to Subsection 18-2K 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 18-2K, 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 February 5, 1996 regarding DRB File No. 6653 which
approved the construction of a 361 unit, 34 story (313' to the top
of the roof and 343' to the highest architectural proj ection)
apartment building, with low-rise apartment units at the pedestrian
level, located on the west side of Alton Road between First and
Second Streets (the SSDr South Site), tentatively named The Yacht
Club at South Beach, 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
March 20,1996 beginning at 3:00 p.m., and the City Clerk is hereby
authorized and directed to publish appropriate Public Notice of the
said Public Hearing in a newspaper of Miami Beach, at which time
and place all interested parties will be heard.
PASSED and ADOPTED this 20th
I 1996.
ATTEST:
Row ~~
CITY CLERK
FORM APPROVED
lEGAL DEPT.
By 111 ~Jdh
Date ~fI"/1~
DJT:kw
c:wpwin60\resos\spccdrb.res
2
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 8lo -- q ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
February 20, 1996
SUBJECT:
Jose Garcia-Pedrosa It
City Manager
REQUEST OR THE CITY COMMISSION TO SET A PUBLIC
HEARING TO REVIEW A DESIGN REVIEW BOARD DECISION
APPROVING THE CONSTRUCTION OF A 361 UNIT, 34 STORY
(313 I TO THE TOP OF THE ROOF AND 343 I TO THE
HIGHEST ARCHITECTURAL PROJECTION) APARTMENT
BUILDING WITH LOW-RISE APARTMENT UNITS AT THE
PEDESTAL LEVEL LOCATED ON THE WEST SIDE OF ALTON
ROAD BETWEEN FIRST AND SECOND STREETS (THE SSDI
SOUTH SITE), TENTATIVELY NAMED THE YACHT CLUB AT
SOUTH BEACH.
FROM:
RECOMMENDATION
The Administration recommends that the City Commission set a date
certain of March 6, 1996 for a public hearing to review a decision
of the Design Review Board (DRB) wherein it approved the
construction of a 361 unit, 34 story (313' to the top of the roof
and 343' to the highest architectural projection) apartment
building with low-rise apartment units at the pedestal level on the
west side of Alton Road between First and Second Streets (The SSDI
South Site)
BACKGROUND
On January 9, 1996, The Related Group of Florida, came before the
Design Review Board (DRB) and received approval for the
construction of the Yacht Club at South Beach, a 361 unit, 34 story
(313' to the top of the roof and 343' to the highest architectural
AGENDA ITEM
c..1E
2.-2o-QL,
DATE
projection) apartment building with low-rise apartment units at the
pedestal level. The staff report to the Design Review Board on
this project and the Final Order issued by said Board are attached
for informational purposes.
On January 29, 1996, The South Pointe Citizens Coalition and two
members of the former Citizens Urban Design Guidelines Committee
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 the attached letter) .
ANALYSIS
In October of 1994, the City Commission adopted amendments to the
Design Review Section of the Zoning Ordinance, which now allow an
"affected person" to seek "review" of any Design Review Board Order
by the City Commission. In this particular instance both the South
Pointe Citizens Coalition, along with Messrs Mark Needle and
Charles Schaab of the former Citizens Urban Design Guidelines
Committee are 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; 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 it I S
evidence.
decision upon
substantially,
competent
In order to reverse, or remand a 5/7th vote of the City
Commission is required.
2
CONCLUSION
The Administration recommends that the City Commission set a date
certain of March 6, 1996 for a public hearing to review the
aforementioned decision of the Design Review Board (DRB) approving
the Yacht Club at South Beach project located on the west side of
Alton Road between First and Second Streets (the SSDI South Site) .
JGP:e:kTRM
F:\PLAN\$ALL\CC_MEMOS\phr-6653.WPD
3