2002-24794 Reso
RESOLUTION NO. 2002-24794
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 FISHER ISLANDS HOLDINGS, LLC FOR THE
CONSTRUCTION OF A SINGLE TEN (10) STORY APARTMENT
STRUCTURE LOCATED AT THE EASTERNMOST PORTION OF THE
SITE AT ONE FISHER ISLAND DRIVE ON FISHER ISLAND.
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 Chapter 118 of the Land Development Regulations of the City Code; and
WHEREAS, affected parties have the right to seek a review by the City Commission
of projects approved by the Design Review Board; and
WHEREAS, On January 15, 2002 the Design Review Board approved a request by
Fisher Islands Holdings, LLC (DRB File No. 14772) for the construction of a single ten (10)
story apartment structure located at the easternmost portion of the site at One Fisher
Island Drive on Fisher Island; and
WHEREAS, On January 15, 2002, the Oceanside at Fisher Island Condominium
Association No.5, Inc., together with Mr. And Mrs. John and Carolyn Kapioltas, and Mr.
Skip Pines, Mr. David Paresky, and Mr. and Mrs. Steve Berkman, 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.
NOW, THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing with a
time certain of , is hereby set on April 10, 2002, to review the decision of the Design
Review Board (DRB File No. 14772) wherein it approved a request by Fisher Islands
Holdings, LLC for the construction of a single ten (10) story apartment structure located at
the easternmost portion of the site at One Fisher Island Drive on Fisher Island.
,
Public Hearing in the City Commission Chambers at 1700 Convention Center Drive, Miami
Beach, Florida, and the City Clerk is hereby authorized and directed to publish and
distribute the appropriate public notice of said public hearing at which time all interested
parties will be heard.
PASSED and ADOPTED this
,2002.
ATTEST:
MAYOR
J~~
CITY CLERK
APPROVED AS TO FORM & LANGUAGE
& FOR EXECUTION:
~
CITY ATTORNEY _
rs- $5- OJ.-
DATE
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
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~
Condensed Title:
Setting of Public Hearing - An appeal of DRB File No. 14772 pertaining to the Hazelwood Apartments on
Fisher Island.
Issue:
The Administration is requesting that the Mayor and City Commission schedule a public hearing on April
10,2002, to consider an appeal of DRB File No. 14772 pertaining to the Hazelwood Apartments on Fisher
Island.
Item Summary/Recommendation:
Adopt the resolution scheduling a public hearing on April 10, 2002.
Advisory Board Recommendation:
On January 15, 2002 the Design Review Board approved DRB File No. 14772 pertaining to the Hazelwood
Apartments on Fisher Island.
Financial Information:
Amount to be expended:
Finance Dept.
Source of
Funds:
D
Si
AGENDA ITEM C 7 V
DATE 3-cJtJ-O~
C I T Y 0 F M I AM I 8 E A C. H
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and DATE: March 20, 2002
Members of the City Commission
Jorge M. Gonzalez \~~
City Manager 0 ... - 0
Setting of Public Hearing - Appeal of DRB File No. 14772
TO:
SUBJECT:
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
FISHER ISLANDS HOLDINGS, LLC FOR THE CONSTRUCTION OF A
SINGLE TEN (10) STORY APARTMENT STRUCTURE LOCATED AT THE
EASTERNMOST PORTION OF THE SITE AT ONE FISHER ISLAND
DRIVE ON FISHER ISLAND.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission adopt the resolution.
ANALYSIS
The Administration is requesting that the Mayor and City Commission schedule a public
hearing on April 10, 2002, with a time certain, to review a decision of the Design Review
Board (DRB), wherein it approved DRB File No. 14772 pertaining to the Hazelwood
Apartments at One Fisher Island Drive on Fisher Island.
The subject project received Design Review Approval on January 15, 2002 for the
construction of a single ten-story apartment structure located at the easternmost portion of
the site. The Final Order for the subject project was rendered on January 29, 2002.
On January 15, 2002, Oceanside at Fisher Island Condominium Association No.5, Inc.,
together with Mr. And Mrs. John and Carolyn Kapioltas, and Mr. Skip Pines, Mr. David
Paresky, and Mr. and Mrs. Steve Berkman, filed a request to have the Order ofthe 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 will be
published (no mailed notice is required), no new public comment should be taken.
Presentations should be limited to those by representatives ofthe appellants, the applicant,
and the City.
March 20, 2002
Commission Memorandum
Setting of Public Hearing; Review of ORB File No. 14772 - Hazalwood Apartments.
Page 2 of 2
As the format of the hearing is patterned after certiorari review by a court, the Commission
may consider allowing "amici curiae" or "friends ofthe 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
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 ofthe 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.
In order to fully advise the 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.
CONCLUSION
The Administration recommends that-the Mayor and City Commission adopt this resolution
scheduling a Public Hearing on April 1 0, 2002, with a time certain, to review a decision of
the Design Review Board (DRB), wherein it approved DRB File No. 14772 pertaining to the
Hazelwood ~ments at One Fisher Island Drive on Fisher Island.
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