Resolution 2019-30866 RESOLUTION NO. 2019-30866
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE APPEAL BY
BEACH TOWING SERVICES, INC., OF A DESIGN REVIEW BOARD
ORDER APPROVING A DESIGN REVIEW APPLICATION FOR THE
PROPERTY LOCATED AT 1733-1759 PURDY AVENUE AND 1724-
1752 BAY ROAD (DESIGN REVIEW BOARD FILE NO. 17-0198; CITY
COMMISSION APPEAL FILE NO. 18-002); AND AFFIRMING THE
DECISION OF THE DESIGN REVIEW BOARD.
WHEREAS, on December 4, 2018, the Design Review Board (the "Board") heard an
application filed by Sunset Land Associates LLC and SH Owner LLC ("Sunset Land"), seeking
approval to construct a new five-story multifamily building with ground floor retail uses, including
one or more design waivers, to replace six vacant lots with two buildings at 1733-1759 Purdy
Avenue and 1724-1752 Bay Road; and
WHEREAS, following the hearing, the Board voted to approve Sunset Land's
application; and
WHEREAS, on December 21, 2018, and pursuant to City Code Section 118-9(c)(2)(B),
Beach Towing Services, Inc., filed an appeal of the Board's approval to the City Commission;
and
WHEREAS, on June 5, 2019, the City Commission heard oral argument for the subject
appeal; and
WHEREAS, following the oral argument, the Mayor and City Commission voted
unanimously to affirm the decision of the Board.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, with regard to the appeal by
Beach Towing Services, Inc., the Mayor and City Commission hereby affirm the December 4,
2018 decision of the Design Review Board.
PASSED and ADOPTED this 5th day of June, 2019.
Ari°IP
ATTEST:
%an Gelber, Mayor
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Rafael Granado, City Clerk
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6/14/2019 Coversheet
New Business and Commission Requests-R9 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: -Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila,City Attorney
DATE: June 5,2019
3:00 p.m.
SUBJECT: CITY COMMISSION APPEAL FILE NO.2018-002
APPEAL, FILED BY BEACH TOWING SERVICES, INC., OF A DESIGN REVIEW BOARD APPROVAL GRANTED ON
DECEMBER 4, 2018, FOR THE PROPERTY LOCATED AT 1733-1759 PURDY AVENUE AND 1724-1752 BAY ROAD
(DRB FILE NO. 17-0198).
RECOMMENDATION
Please see Memorandum attached.
All documents relating to the above-referenced matter will be provided separately.
Legislative Tracking
Office of the City Attorney
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ATTACHMENTS:
Description
❑ Ad
❑ Memorandum
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https://miamibeach.novusagenda.com/agendapublic/CoverSheet.aspx?ItemID=13276&MeetinglD=662 1/1
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MIAMIBEACH
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City of Miami Beach,1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:. Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, City Attorney TS,...k OSC---
DATE: June 5, 2019
SUBJECT: City Commission Appeal File No. 2018-002
Appeal, filed by Beach Towing Services, Inc., of a Design
Review Board approval granted on.December 4, 2018,. for the
• property located at 1733-1759 Purdy Avenue and 1724-1752
Bay Road (DRB File No. 17-0198).
Mayor Gelber and Members o the City Commission,
At its meeting on June 5, 201 1. , at 3:00 p.m., the City Commission is scheduled
to hear an appeal from a deci cion of the Design Review Board ("DRB") relating to
the DRB's approval granted an December 4, 2018, for the property located at
1733-1759 Purdy Avenue antl 1724-1752 Bay Road (DRB File No. 17-0198).
Below please find important inormation regarding the appeal.
1. Ex parte communicatins
Given that the City Commiss on will be sitting in an appellate capacity on this
matter, any ex parte communications by members of the City Commission
regarding this appeal must be disclosed, and City Commissioners are subject to
cross-examination regarding any such communications. An ex parte
communication is any communication conducted outside of the public hearing.
While not prohibited under or Code, our office discourages members of the
City Commission from engagi lig in ex parte communications. However, if you do
engage in any ex parte communications relating to this appeal, please send an
email to Paul Saca at paulsalca@miamibeachfl.gov, including the name of the
individual with whom you colImmunicated. If you send or receive any emails
relating to the appeal, those should also be forwarded to Paul. Ex parte
Commission Memorandum
June 5,2019 Page 2 of 2
communications must be disclosed on the record prior to the commencement of
the hearing.
2. Conduct of hearing
Consistent with prior appeals heard by the City Commission,the schedule of the
hearing will be as follows: '
1. Argument of Appellant Beach Towing Services, Inc. —5 minutes
2.. Argument of Respondent City of Miami Beach Design Review Board — 5.
minutes
3. Argument of Respondents Sunset Land Associates, LLC and SH Owner,
LLC—5 minutes
4. Rebuttal by Beach Towing Services, Inc.—3 minutes
5. Deliberation by City Commission
There is no public hearing associated with this appeal.
3. Voting requirement and standard of review
A five-sevenths (5/7) vote of the City Commission is required to reverse or modify
the decision of the.DRB. In order to reverse or modify, the Commission must first
find that the DRB
(i) failed to provide procedural due process;
(ii) failed to observe the essential requirements of law; or
(iii) failed to base its decision upon competent substantial evidence.
mei I NEIGHBORS I
11IAMl B A H
CITY OF MIAMI BEACH
NOTICE OF•DESIGN REVIEW BOARD
APPEAL TO CITY COMMISSION
JUIE 5, 2019
The Miami Beach City Commission, pursuant to Section 118-9 ofthe Miami
Beach City Code,will hold a hearing on;Dune 5, 2019, at 3:00 p.m., or as
soon thereafter as the matter can be heard, in the Commission Chamber,
3'd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to
consider an appeal filed by Beach.Towing Services, Inc. (the "Appellant"),
of a Miami Beach Design Review Board ("D.RB") Order, approving an
application for design review approval forthe construction Of a new five-
story multifamily building with ground floor retail uses with one or more
waivers, to replace six vacant lots and two buildings at 1752 Bay Road,
1738 Bay Road, 1759 Purdy Avenue, 1747 Purdy Avenue, 1743 Purdy
'Avenue, 1724 Bay:Road, 1733:Purdy Avenue; and 1730 Bay Road, Miami
Beach, FL 33139 (altogether, the "Appeal") (DRB File No.: 17-0198/City
Commission Appeal File No.: 18;902).
The.City Commission's review of the Appeal shall be based on the record
of the hearing before the DRB, shall not be a public hearing, and no new
or additional testimony shall be taken. A verbatim transcript of the DRB
hearing shall be made a part of the record and filed by the Appellant,
The.standard 'of review is (i) whether the ORB provided procedural due
process, (ii) whether.the correct law was observed. and (iii) whether
competent substantial. evidence-supported the ORB's decision. In order
to reverse or remand a decision of the DRB, a five-sevenths(517) vote of
the City Commission is required,
Ali documents pertaining to DRB File No;: 17-0198 are availablefor public
inspection during normal business hours in the Planning Department,
2" floor, City Hall. 'The pleadings relating to City Commission Appeal
File No.: 18-002 are available for public inspection during normal business
hours in the Office of the City Clerk, 161 floor, City Hall.
To request this material in alternate format.sign language interpreter(five-
day notice required), inforinatlon on access for persons with disabilities,
and/or any accommodation to review any documentor participate in any
City-sponsored proceedings, call 305.604:2489 and select option 6; TTY
users may call via 711 (Florida Relay Service).
The City Cammission'sreview of the Appeal may be opened and continued
and, under such circumstances, additional legal notice need not be
provided.
Inquiries may be directed to the Planning Department at 3.05,673.7550 or
the Office of the City Attorney at 305.6.73.7470.
Rafael E. Granada, City Clerk
City of Miami Beach
Ad 060519-01
I hereby certify that on June 24, 2019, pursuant to City Code Section 118-9(c)(4), a copy of this
Resolution has been mailed to the following parties to the subject appeal:
Tracy R. Slavens, Esq.
Holland & Knight
701 Brickell Ave., Suite 3300
Miami, FL 33131
Counsel for Sunset Land Associates, LLC and SH Owner, LLC
Kent Harrison Robbins, Esq.
The Law Offices of Kent Harrison Robbins, P.A.
242 NE 27th St.
Miami, FL 33137
Counsel for Beach Towing Services, Inc.
Nick Kallergis, Esq.
Senior Assistant City Attorney
City of Miami Beach
Office of the City Attorney
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Counsel for the Desi n view Bo rd
Rafael E. Granado, Esq., City Clerk
' City of Miami Beach
Office of the City Clerk
1700 Convention Center Drive,
Miami Beach, FL 33139
Tel: 305.673.7411
rafaelqranadomiamibeachfl.qov
Hatfield, Liliam
From: _ Hatfield, Liliam
Sent: Monday,June 24, 2019 11:50 AM
To: Kent Harrison Robbins
Cc: Granado, Rafael; Hatfield, Liliam
Subject: Resolution 2019-30866
Attachments: Resolution 2019-30866.pdf
Good morning, Mr. Harrison Robbins,
Attached please find Resolution 2019-30866 adopted on June 5, 2019 regarding the
City Commission decision related to the appeal by Beach Towing Services, Inc.
A hard copy is being mailed to your physical address as well.
Regards,
MIAMIBEACH
• OUR CITY IS A N OFFICIAL
cityoPkindness
1 j
MIAMIBEACH
Liliam Hatfield, Assistant City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive,Miami Beach,FL 33139
Tel: 305-673-7411/Fax:305-673-7254/ www.miamibeachfl.aov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community.
1
Hatfield, Liliam
From: Hatfield, Liliam
Sent: Monday,June 24, 2019 11:52 AM
To: - 'tracy.slavens@hklaw.com'
Cc: Granado; Rafael; Hatfield, Liliam
Subject: Resolution 2019-30866
Attachments: Resolution 2019-30866.pdf
Good morning, Ms. Slavens,
Attached please find Resolution 2019-30866 adopted on June 5, 2019 regarding the
City Commission decision related to the appeal by Beach Towing Services, Inc.
A hard copy is being mailed to your physical address as well.
Regards,
MIAMIBEACH
OUR CITY IS AN OFFICIAL
„, , city oP kindness.
1
MIAMIBEACH
Liliam Hatfield, Assistant City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive,Miami Beach,FL 33139
Tel: 305-673-7411/Fax:305-673-7254/ www.miamibeachfl.aov
We are committed to providing excellent public service and safety to all who live,work and play in our vibrant,tropical,historic community.
1
Granado, Rafael
From: Granado, Rafael
Sent: Monday,June 24, 2019 2:13 PM
To: Kallergis, Nick
Cc: Granado, Rafael
Subject: FW: Resolution 2019-30866
Attachments: Resolution 2019-30866.pdf
FYI
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7411 rafaelgranado@miamibeachfl.gpv
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
From: Hatfield, Liliam
Sent: Monday, June 24, 2019 11:50 AM
To: Kent Harrison Robbins
Cc: Granado, Rafael; Hatfield, Liliam
Subject: Resolution 2019-30866
Good morning, Mr. Harrison Robbins,
Attached please find Resolution 2019-30866 adopted on June 5, 2019 regarding the
City Commission decision related to the appeal by Beach Towing Services, Inc.
A hard copy is being mailed to your physical address as well.
Regards,
oun cITY is AN OFFICIAL
�1e ingoPkint n s
MIAMIBEACH
Liliam Hatfield, Assistant City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive,Miami Beach,FL 33139
Tel: 305-673-7411/Fax:305-673-7254/ www.miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic community.
1
Granado, Rafael
From: Granado, Rafael
Sent: Monday,June 24, 2019 2:12 PM
To: Kallergis, Nick
Cc: Granado, Rafael
Subject: FW: Resolution 2019-30866
Attachments: ( Resolution 2019-30866.pdf
FYI
MIAMI BEACH
Rafael E. Granado, Esq., City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305.673.7411 rafaelgranadona miamibeachfl.gov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical,
historic community.
From: Hatfield, Liliam
Sent: Monday, June 24, 2019 11:52 AM
To: 'tracy.slavens@hklaw.com'
Cc: Granado, Rafael; Hatfield, Liliam
Subject: Resolution 2019-30866
Good morning, Ms. Slavens,
Attached please find Resolution 2019-30866 adopted on June 5, 2019 regarding the
City Commission decision related to the appeal by Beach Towing Services, Inc.
A hard copy is being mailed to your physical address as well.
Regards,
,,
rk
* OUR VTY IS An OFFICIAL
t * 44, cibgoPkindness.
t
MIAMIBEACH
Liliam Hatfield, Assistant City Clerk
OFFICE OF THE CITY CLERK
1700 Convention Center Drive,Miami Beach,FL 33139
Tel: 305-673-7411/Fax:305-673-7254/ www.miamibeachfl.qov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant,tropical,historic community.
3