Appeal of Hazelwood Apts
. .
...
2002-2-Y79 Y
~~ I ~-\k.
S'1~
~
'IOFE
LAW OFFICIS
SHUBIN & BASS
SSIONAL ASSOCIATIOI
-..-'"
,-
.--,
,--
VIA BAND DELIVERY
-
c.
...,.,
..,.,
'..;0
N
~ )
-'1
February 15, 2002
,.
.-
r~-
J;--
~
...
Mr. Robert Parcher
City Clerk
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
fii
::
~
rn
o
'".
--'
c..r.
(.J
Re: Appeal of Hazelwood Apartments-Fisher Island
ORB File No. 14772 - Rendered January 29, 2002
Dear Mr. Parcher:
This correspondence is transmitted to you pursuant to
Miami Beach City Code S 118-262 ("Code") and it shall serve
as a notice of appeal of the above-referenced order of the
City of Miami Beach Design Review Board ("ORB") rendered on
January 29, 2002 (copy attached). It is my understanding
that the applicable appellate filing fee is $500.00 and,
accordingly, I have enclosed a check in that amount. If the
appellate filing fee should somehow differ from the
enclosed amount, kindly advise as soon as possible and I
shall tender .the difference forthwith.
This appeal is filed on behalf of the Oceanside at
Fisher Island Condominium Association No. 5, Inc. (the
"Association"), together with Mr. and Mrs. John and Carolyn
Kapioltas, and Mr. Skip Pines, Mr. David paresky, and Mr. &
Mrs. Steven Berkman (collectively, "the neighbors") who
possess standing to file this appeal under Code SS 118-
262(a) (i)-(ii) and Florida law. The verbatim transcripts of
the proceedings before the ORB either have been prepared or
are in the process of being prepared. Said transcripts
shall be timely filed in accordance with the terms of the
Code.
...
46 S.W. 1. snet. 3Id Floor. MIlunI. FlorIda 33130
Ph: 305-381.6080 Fx: 305-38H14S7
TAIIM
707 florida ....... ..... FIarIda 33802
Ph: 813-223-4785 Fx: 113.223.4787
..
A plain reading of the Code suggests that this
correspondence contains the entirety of the necessary
contents for filing an appeal from the ORB to the City
Commission. In this regard, the Code does not specifically
require that a notice of appeal set forth the specific
basis for the appeal at the time of filing. If my reading
of the Code differs from your reading, kindly advise and I
shall supplement this notice to include the arguments that
necessitate and justify quashal of the ORB's order.
As always, please do not hesitate to contact me if you
have any questions concerning this correspondence.
.......,
c::
Ene. c::"
r---.,J
-- ..., ~ '--
-
-~ ,.,., . ,
_. .~ -...
c N :
CC: Mr. Gary Held, Esq. r. i
Mr. Cliff Schulman, Esq. r
J:.. -
- ....
Mr. Jorge Gomez ~ m
--'
3: 0
fTl 01
= W
--l
SHUBIN & BASS, RA.
J
..
DESIGN REVIEW BOARD
City of Miami "ach. Florida
MEETING DATE: January 15, 2002
IN RE:
The Application for Design Review Approval for the construction of
three (3), ten (10) story apartment structures with a total of 140 units;
this application is proposed to be approved as a Phased Development
Project. The current application 18 for 8 single buDding located at the
eastemmost portion of the site.
FILE NO:
PROPERTY:
14172
1 Fisher Island Drive
ORDER
The applicant. Fisher Islands Holdings. LLC, flied an application with the City of Miami
Beach Planning Department for Design Review Approval.
The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT,
based upon the evidence, information, testimony and materials presented at the public
hearing and which are part of the record for this matter:
A. Based on the plans and documents submitted with the application, testimony and
. information provided by the applicant, and the reasons set forth in the Planning
Department Staff Report, the project as submitted is not consistent with the Design
Review Criteria 3 in Section 118-251 of the Miami Beach Code.
B. The project would be consistent with the criteria and requirements of section 118-
251 if the following conditions are met
1 . Revised elevation, site plan and floor plan drawings shall be submitted to and
approved by staff; the flnal details of such drawings shall be subject to the
review and approval of staff.
2. The approval shall apply only to the easternmost building on the site, as
shown in the application for the January 15, 2002 meeting. Any additional
buildings shall require separate approval.
3. A revised landscape plan, prepared by a Professional Landscape Ardlitect.
registered in the State of Florida, and corresponding site plan, shall be
submitted to and approved by staff. The species type, quantity, dimensions,
spacing, location and overall height of all plant material shall be clear1y
'rill
;j
~
Page2of4
Meeting Date: January 15, 2002
ORB File No. 14772
delineated and subject to the review end approval of staff. At a minimum.
such plan shall Incorporate the following: -
a. All exterior walkways shall consist of decorative pavers, set In sand or
other semf-pervious material, subject to the review and approval of
staff.
b. All landscape areas, which abut driveways and parking spaces, shall
be defined by continuous concrete curb.
c. A fully automatic irrigation system with 100% coverage and an
automatic rain sensor in order to render the system inoperative In the
event of rain.
4. The final exterior surface color scheme. including color samples, shan be
subject to the review and approval of staff and shall require a separate
permit.
5. A traffic mitigation plan, which addresses all roadway level of Service (LOS)
deficiencies relative to the concurrency requirements of the City Code, if
required. shaH be submitted prior to the issuance of a BuDding Permit and the
tinal building plans shall meet all other requirements of the Land
Development Regulations of the City Code.
6. Manufacturers drawings and Dade County product approval numbers for an
new windows, doors and glass shall be required. prior to the issuance of 8
building pennil
7. All roof-top fixtures, air-conditioning units and mechanical devices shall be
clearly noted on a revised roof plan and shall be screened from view, ill a
manner to be approved by staff.
8. All new and altered elements. spaces and areas shall meet the requirements
of the Florida Accessibllty Code (FAC).
9. The projed shall comply with any landscaping or other sidewalk/street
improvement standards as may be prescnbed by a relevant Urban Design
Master Plan approved prior to the completion of the projed and the issuance
of a Certificate of Occupancy.
10. The project shall be approved in accordance with the timeframes setfOfth in
the phased development plan submitted with the application.
11. This Final Order is not severable, and if any provision or condition hereof Is
held void or unconstitutional In a final decision by a court of competent
.Jh.
;;i
· Page 3 of4
Meeting Date: January 15. 2002
ORB FIe No. 14772
Jurisdiction, the order shall be returned to the Board for reconsideration a8
to whether the order meets the Criteria for approval absent the stricken
provision or condition, and/or it 18 appropriate to modify the remaining
conditions or Impose new conditions.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence,
information, testimony and materials presented at the public hearing. which are part of the
record for this matter, and the staff report and analysis, which are adopted herein, including
the staff recommendations which were amended by the Board, that the Application for
Design Review approval Is GRANTED for the above-referenced project subject to those
certain conditions specified in Paragraph B of the Findings of Fact (Condition Nos. 1-11,
inclusive) hereof, to which the applicant has agreed.
No building permit may be issued unless and until all conditions of approval as set forth
herein have been met. The issuance of Design Review approval does not relieve the
applicant from obtaining all other required Municipal, County and/or State reviews and
permtts. induding zoning approval. If adequate handicapped access is not provided. this
approval does not mean that such handicapped access is not required or that the Board
supports an applicant's effort to seek waivers relating to handicapped accessibility
requirements.
When reauestina a buildina oennit. three (3) sets of Dlans aDoroved bv the Board. modified
in accordance with the above conditions. shall be submitted to the Plannina Deoartment.
If all of the above-specified conditions are satisfadorily addressed. the plans will be
reviewed for building pennit approval. Two (2) sets win be returned to you for submission
for a building permit and one (1) set will be retained for the Design Review Board's file. If
the Full Building Permit is not issued within one (1) year of the meeting date at which this
Design Review Approval was granted and construction does not commence and continue
in accordance with the requirements of the applicable Building Code. the Design Review
Approval win expire and become null and void.
Dated this
;.6
day of
:f;lt1J () AtY
, 20 0 A
DESIGN REVIEW BOARD
THE CITY OF MI I BEACH, FLORIDA
(.
"~
;,,~
", ",Ill ;:Wl~
Page 4 014
MeetIng Date: January 15, 2002
ORB FOe No. 14m
.
Approved As To Form: 4!t}-
Legal Department ~
Filed wtth the Clerk of the Design Review Board on
F:\PLAN\SDRB\DR802\JANDRB02\14772Jo.doc
( /-1SO""'A
f~'fL
)
(~)
~