2002-24826 Reso
RESOLUTION NO. 2002-24826
RESOLUTION OF THE MAYOR AND
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA DENYING THE APPEAL OF OCEANSIDE
AT FISHER ISLAND CONDOMINIUM
ASSOCIATION NO.5, INC., AND CERTAIN
INDIVIDUALS, OF THE DECISION OF THE
DESIGN REVIEW BOARD, FILE NO. 14772, ON
THE APPLICATION OF FISHER ISLAND
HOLDINGS, LLC FOR CONSTRUCTION OF A
BUILDING AT ONE FISHER ISLAND DRIVE ON
FISHER ISLAND.
WHEREAS, the Design Review Board considered and approved an
application by Fisher Island Holdings, LLC, File No. 14772, for construction of a
building at One Fisher Island Drive, on Fisher Island; and
WHEREAS, an appeal of such decision was filed by Oceanside at Fisher
Island Condominium Association No.5, Inc., and certain individuals; and
WHEREAS, that appeal is governed by section 118-262, Miami Beach
City Code; and
WHEREAS, following briefing by the parties, this matter came before
the City Commission on April 10, 2002, for oral argument; and
WHEREAS, following oral argument, the City Commission considered
the appeal according to the criteria in section 118-262.
NOW THEREFORE BE IT RESOLVED, that the Mayor and City
Commission ofthe City of Miami Beach, pursuant to its authority in Section 118-262,
on the appeal of Design Review Board in file no. 14772, find that the Design Review
Board provided procedural due process, observed the essential requirements of law,
and based its decision upon substantial competent evidence, and therefore denies the
appeal.
Page 1 of 2
Passed and adopted this 10th d
Attest:
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City Clerk
Resolution No. 2002-24826
Approved as to
Form & Language
& For Execution
1fJVfII!
City ttomey
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Dated
F:\A TIO\HELG\LITIGATI\Hazelwood\Resolution. wpd
Page 2 of 2
OFFICE OF THE CITY ATTORNEY
F
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o
R
MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
April 11, 2002
Jeffrey Bass, Esq.
Shubin & Bass, P .A.
46 S.W. First Str~et - Third floor
. Miami, Florida 33130
'"
Clifford Schulman, Esq.
Greenberg Traurig
1221 Brickell Avenue
Miami, Florida 33131
Appeal ofDRB File No. 14772. Hazelwood Apartments
Dear Jeffrey and Cliff:
Pursuant to Section 118-262, Miami Beach City Code, attached is a copy of
the written order of the City Commission denying the subject appeal.
ary . Held
First Asst. City Attorney
Attachment
cc: vi\1urray H. Dubbin, City Attorney
Jorge Gomez, Planning Director
Robert Parcher, City Clerk
F:\A TIO\HELG\LITIGA TI\Hazelwood\Ordertransmittal.letter. wpd
1700 Convention Center Drive -- Fourth Floor -- Miami Beach, Florida 33139
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \~.
City Manager ()
APPEAL OF DRB FILE NO. 14772
Date: April 1 0, 2002
To:
Subject:
REVIEW OF A DESIGN REVIEW BOARD DECISION APPROVIN6 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 affirm the decision of
the Design Review Board.
ANALYSIS
The Mayor and City Commission has been requested 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 February 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 was published (no mailed notice is
required), no new public comment should be taken. Presentations should be limited to
those by representatives of the appellants, the applicant, and the City.
Agenda Item --.B 9 L
Date q-J(}-():J-
Apri/10, 2002
Commission Memorandum
Review of DRB File No. 14772 - Hazelwood Apartments.
Page 2 of 3
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 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 five-sevenths vote ofthe 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. The transcript and associated material were transmitted to the
Mayor and City Commission via LTC No. 83-2002 (see attached).
In order to fully advise the City 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.
The Design Review Board determined that the subject development project, consisting of a
new medium-density residential development, is well within the scale, context and
architectural character of the existing buildings on Fisher Island. Further, the applicant
modified the project from the original submission in accordance with the direction of the
Board; such modifications include the following:
. reducing the number of buildings from four (4) to three (3);
. substantially improving the view corridors between the structures;
. simplifying the elevations through the re-design ofthe majority ofthe building's balconies
and the replacement of numerous arched openings with square openings.
April 1 0, 2002
Commission Memorandum
Review of DRB File No. 14772 - Hazelwood Apartments.
Page 3 of 3
A review of the transcripts for all of the Design Review Board hearings on this matter will
indicate that the DRB observed the essential requirements of law, made its determinations
based on substantial and competent evidence, and afforded all parties involved due
process. The record will also demonstrates that the applicant has proposed a project that
falls entirely within the allowable limits of the Land Development Regulations of the Code of
the City of Miami Beach.
The DRB's review of the project was based upon the Design Review Criteria in Section
118-251 of the City Code. This section of the Code specifies that design review shall
encompass the examination of architectural drawings for consistency with the criteria listed
in Section 118-251, with regard to the aesthetics, appearances, safety, and function of any
new or existing structure and physical attributes of the project in relation to the site,
adjacent structures and surrounding community. In addition to the elevations, site plans,
floor plans and landscape plans submitted by the project applicant, the Board had before it
the recommendation for approval with proposed conditions presented by its professional
staff in the form of a comprehensive staff report, as well as the expert testimony of the
applicant's architect.
Finally, the Board held a public hearing during which members of the public testified and
presented evidence. Based upon all ofthe evidence submitted, the Board determined that
the proposed project would meet the Criteria for Design Review Approval, if the conditions
enumerated in the Final Order are met and, therefore, approved the project.
CONCLUSION
The Administration recommends that the Mayor and City Commission affirm the 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.
JMG\C'IeIb\GMH\JGG\TRM
T:\2002lAPR100MEGULAR\HAZELWOOD-MEMO.DOC
_ .~>4
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. ~~ - .;l,(l)~ ;Z
m
To:
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \ . ~
City Manager 0 ".;v t)
APPEAL OF A DESIGN REVIEW BOARD ORDER PERTAINING TO THE
HAZELWOOD APARTMENTS
Date: March 28, 2002
Subject:
The Mayor and City Commission have been requested 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.
"
Pursuant to Miami Beach City Code Section 118-262, the appeal is to the City
Commission. The appeal is scheduled to be heard at the April 10, 2002 Commission
Meeting.
Attached for your information and review are the following documents:
1. Transmittal letter from Jeffrey S. Bass dated March 21, 2002
2. Transcript of the DRB Proceedings rendered 1/29/2002 - Volume I
3. Fisher Island Context Study - Volume II
4. South Pointe Context Study - Volume III
5. Summary Memorandum of Appellate Issues
~
The documents are being transmitted to the Mayor and Commission in advance of the
Commission Agenda because of the number and size of the documents.
JMG\Gg
c: Murray Dubbin, City Attorney
Jorge Gomez, Planning Director
F:\CLER\CLER\FORMS\Hazelwoodltc.doc
"
\
CITY OF MIAMI BEACH
Office of the City Man~er
Letter to Commission No. .~'2t7~~
m
To:
Mayor David Dermer and Date: April 4, 2002
Members of the City Commission
Jorge M. Gonzalez \ ~ ~
City Manager O,yJ D
APPEAL OF A DESIGN REVIEW BOARD ORDER PERTAINING TO THE
HAZELWOOD APARTMENTS
From:
Subject:
The Mayor and City Commission have been requested to review a decision of the Design
Review Board (DRB), wherein it approved ORB File No. 14772 pertaining to the
Hazelwood Apartments at One Fisher Island Drive on Fisher Island.
Pursuant to Miami Beach City Code Section 118-262, the appeal is to the City
Commission. The appeal is scheduled to be heard at the April 10, 2002 Commission
Meeting.
The following information was transmitted to the Mayor and Members of the City
Commission via L.T.C. 83-2002 on March 28,2002:
1. Transmittal letter from Jeffrey S. Bass dated March 21, 2002
2. Transcript of the DRB Proceedings rendered 1/29/2002 - Volume I
3. Fisher Island Context Study - Volume II
4. South Pointe Context Study - Volume III
5. Summary Memorandum of Appellate Issues
.._~'
In addition to the above information, attached for your information and review is the
Appellee's Memorandum of Appellate Issues submitted by Mr. Clifford A. Schulman, Esq.
and Cecelia Rennella, Esq. with Greenberg Traurig, P.A.
":z.~
L~~
JMG\REP
c: Murray Oubbin, City Attorney
Jorge Gomez, Planning Director
F:\CLER\CLER\FORMS\Hazelwoodltc2.doc