Resolution 2022-32209 RESOLUTION NO. 2022-32209
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, RELATING TO AN APPEAL FILED BY PETITIONERS
THOMAS HAHN, JACQUELINE REBHUHN, DAVID SEBBAG, CARRIAGE
HOUSE CONDOMINIUM ASSOCIATION, INC., AND THE AMETHYST
CONDOMINIUM ASSOCIATION, INC., OF A DESIGN REVIEW BOARD ORDER
GRANTING DESIGN REVIEW APPROVAL TO ALLOW 5333 COLLINS
ACQUISITIONS, LP, TO BUILD A 17-STORY, 200-FOOT-TALL MULTIFAMILY
BUILDING AT 5333 COLLINS AVENUE, MIAMI BEACH, FLORIDA (CITY
COMMISSION APPEAL FILE NO. SM2022-001/DESIGN REVIEW BOARD FILE
NO. DRB 21-0694), AFFIRMING THE DECISION OF THE DESIGN REVIEW
BOARD.
WHEREAS, on December 17, 2021, the Design Review Board ("DRB") approved an
application filed by 5333 Collins Acquisitions, LP, to build a 17-story, 200-foot-tall multifamily
building at 5333 Collins Avenue, Miami Beach, Florida (the "Property") (DRB File No. 21-0694)
(altogether, the "Application"); and
WHEREAS, the DRB order approving the Application ("Order") was rendered on
February 3, 2022; and
WHEREAS, pursuant to Section 118-9(c) of the City Code, Carriage House
Condominium Association, Inc., the Amethyst Condominium Association, Inc., Thomas Hahn,
Jacqueline Rebhuhn, 1 and David Sebbag filed appeals of the ,DRB Order (collectively,
"Appeals"); and
WHEREAS, on June 22 and July 8, 2022, the City Commission heard oral argument on
the Appeals; and
WHEREAS, following oral argument, the City Commission affirmed the DRB Order,
finding that, pursuant to City Code Section 118-9(c)(4), the DRB provided procedural due
process, observed the essential requirements of law, and based its decision upon substantial
competent evidence.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that, with regard to the appeal filedby Petitioners
Carriage House Condominium Association, Inc., the Amethyst Condominium Association, Inc.,
Thomas Hahn, Jacqueline Rebhuhn, and David Sebbag, of a Design Review Board Order granting
design review approval to allow 5333 Collins Acquisitions, LP, to build a 17-story, 200-foot-tall
multifamily building at 5333 Collins Avenue, Miami Beach, Florida (City Commission Appeal File
No. SM2022-001 / Design Review Board File No. DRB 21-0694), the decision of the Design
Review Board is hereby AFFIRMED.
,i4 :27,......11..______
PASSED and ADOPTED this 8th day of July, 2022.
ATTE •
Dan Gelber, Mayor
Rafael . Granado, City Clerk APPROVED AS TO FORM AND
LANGU E D F EXECUTION
Date of rendition: July 19 , 2022 —1 A-Z Z
City Attorney ► \i Date `
1\J -PM►B,Eq'l‘i,
1 On June 22, 2022, Jacqueline Rebhuhn filed a notice of voluntary dismissal. `r� Si
tIUCORP:RAZED:
4,� • a ^
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CH�2
New Business and Commission Requests-R9 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz, City Attorney
DATE: July 8, 2022
9:01 a.m.
SUBJECT:DESIGN REVIEW BOARD APPEAL - 5333 COLLINS AVENUE - APPEAL,
FILED BY THOMAS HAHN, JACQUELINE REBHUHN, DAVID SEBBAG,
CARRIAGE HOUSE CONDOMINIUM ASSOCIATION, INC., AND THE
AMETHYST CONDOMINIUM ASSOCIATION, INC., OF A MIAMI BEACH
DESIGN REVIEW BOARD ORDER ISSUED ON FEBRUARY 3, 2022,
APPROVING A DESIGN REVIEW APPLICATION FOR NEW
CONSTRUCTION OF 100 RESIDENTIAL UNITS IN A 17-STORY TOWER
LOCATED AT 5333 COLLINS AVENUE, MIAMI BEACH, FLORIDA 33140
(CITY COMMISSION FILE NO. SM-2022-01) (DESIGN REVIEW BOARD
FILE NO. DRB21-0694).
BACKGROUND/HISTORY
Please see attached Commission.Memorandum.
The pleadings relating to City Commission Appeal File No.: SM2022-001 are available for
public inspection by making an appointment with the Office of the City Clerk by calling
305.673.7000 Extension 26228.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
N/A
Applicable Area
Middle Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to, Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Non-Applicable
Page 124 of 149
Legislative Tracking
Office of the City Attorney
ATTACHMENTS:
Description
o Commission Memorandum
o 5333 Collins Ave- Ex Parte
o Ad#2- Continuation of Hearing
o Ad# 1
Page 125 of 149
Ai\,AAl\i'd BEACH
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
City Manager Alina T. Hudak
FROM: Rafael A. Paz, City Attorney
DATE: June 22, 2022
SUBJECT: DESIGN REVIEW BOARD APPEAL-5333 COLLINS AVE.
APPEAL, FILED BY THOMAS HAHN, JACQUELINE REBHUHN, DAVID
SEBBAG, CARRIAGE HOUSE CONDOMINIUM ASSOCIATION, INC., AND THE
AMETHYST CONDOMINIUM ASSOCIATION, INC., OF A MIAMI BEACH
DESIGN REVIEW BOARD ORDER ISSUED ON FEBRUARY 3, 2022,
APPROVING A DESIGN REVIEW APPLICATION FOR NEW CONSTRUCTION
OF 100 RESIDENTIAL UNITS IN A 17-STORY TOWER LOCATED AT 5333
COLLINS AVENUE, MIAMI BEACH, FLORIDA 33140 (CITY COMMISSION FILE
NO. SM-2022-01) (DESIGN REVIEW BOARD FILE NO. DRB21-0694).
A. Summary of Design Review Board approval.
This matter relates to an appeal of a Design Review Board ("DRB") order, dated February
3, 2022, approving a design review application for new construction of 100 residential units
in a 17-story tower located at 5333 Collins Avenue (the "Property") (altogether, the
"Appeal").
Petitions seeking review of the DRB Order were filed by W. Tucker Gibbs, Esq., on behalf
of The Carriage House Condominium Association and The Amethyst Condominium
Association; and Paul C. Savage, Esq., on behalf of Thomas Hahn, Jacqueline Rebhuhn,
and David Sebbag.
B. Ex parte communications.
Given that the City Commission will be sitting in an appellate capacity on this matter, any
ex parte communications by members of the City Commission regarding the 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 our Code, our office discourages members of the City Commission
from engaging in ex parte communications. However, if you do engage in any ex parte
communications relating to this Appeal, please send an email to Nick Kallergis at
nickkalleraisamiamibeachfl.gov, including the name of the individual with whom you
Page 126 of 149
5333 Collins Ave.
June 22, 2022
Page 2
communicated. If you send or receive any emails relating to the Appeal, those should also be
forwarded. They must be disclosed on the record prior to the commencement of the hearing.
C. Conduct of hearing.
Consistent with prior appeals heard by the City Commission, the schedule of the hearing will
be as follows:
1. Argument of Appellants The Carriage House Condominium Association and
The Amethyst Condominium Association; and Thomas Hahn, Jacqueline
Rebhuhn, and David Sebbag—5 minutes per counsel
2. Argument of Respondent 5333 Collins Acquisitions, LP—5 minutes
3. Argument of Respondent City of Miami Beach- 5 minutes
4. Rebuttal by Appellants—3 minutes per counsel
5. Deliberation by City Commission
There is no public hearing associated with this Appeal. The City Commission's decision must be
based on the record before the DRB, and no new evidence may be taken.
D. 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 either:
(i) failed to provide procedural due process;
(ii) failed to observe the essential requirements of law; and/or
(iii) failed to base its decision upon competent substantial evidence.
If the City Commission votes to reverse or modify the DRB's decision, the City Commission
must, as part of its motion, clearly articulate which of the three criteria were not satisfied.
E. Attachments.
Enclosed for the City Commission's review are the following:
• Appellants' Petitions for Administrative Appeal
• Response Brief of 5333 Collins Acquisitions, LP
• Response Brief of City of Miami Beach (in support of DRB approval)
• Appellants' Reply Briefs
• Appendices
Page 127 of 149
R9D
Design Review Board Appeal
5333 Collins Ave.
Ex Parte Communications
The below ex parte communications regarding the subject appeal are hereby disclosed
and made part of the record pursuant to City Code Section 2-512. The following
members of the City Commission held individual meetings with Nick Kallergis, Deputy
City Attorney; Bob de la Fuente, Esq., Special Counsel to the City; Thomas R. Mooney,
Planning Director; and Michael Belush, Chief of Planning &Zoning.
1. Mayor Dan Gelber(June 21, 2022): Bob de la Fuente and Michael Belush
2. Commissioner Ricky Arriola (June 14, 2022): Nick Kallergis, Bob de la Fuente,
and Thomas Mooney
3. Commissioner Alex J. Fernandez (June 16, 2022): Nick Kallergis, Bob de la
Fuente, and Michael Belush
4. Commissioner Steven Meiner (June 21, 2022): Bob de la Fuente and Michael
Belush
5. Commissioner David Richardson (June 15, 2022) Nick Kallergis, Bob de la
Fuente, and Thomas Mooney
6. Commissioner Kristen Rosen Gonzalez (June 17, 2022): Nick Kallergis, Bob de
la Fuente, Thomas Mooney, and Michael Belush
Page 128 of 149
MealetatD dtaar 1W41 1.10111 MAIM
FROM PAGY1?A ^:Wr vaccine drives(children
6 mmNhs amid dieter
VACCINES Tr lPa in
g ;,' t • Meg,Zoo Miami and ether
and neediest children affected by the virus,"she -[ l lr ' - - locations.
'fhut's what we're going said,"and we have little _• Vaccines arc free far
through on the front lines," information and we're _ 'f Q �Y i f S.' most,regardieuof boor.
Gwynn said."Lard health trying tonal out the vac- Y ,.,• ( ante states But Noma said
departments will not be ciao end educate at the .. F l will charge those without
offering the vaccine for sane time." a valid U.S.address and no
newly eligible ehildrenl. GwNmee ludzed that health insurance 440 for
nor will they participate in children 5 and otderan still the vaccine.
the distribution to pedlar• get vaccinated aphet CO. _ Gwynn also conducts
elehnaandioed family VID49 through county P �• t.q outreach with snoblle
doctors" heslth depamneusN flat .xe r- - l I ? clinics that bring vaccines
The Florida health de. Ida.Only chidren yammer ' et,d JS t,.'� f to schools,community
pertinent and governor's than 5 are eackded. v 1 center.and otherpublic
office did not respond to Asa public health d Ct. ,03..-< - -- ., areas free of ebatg end
the Herald's request for vacate and a physician, 7.-..", ,:. -r' k, - - __ without as appoinhn nt.
comment Friday. Gwynn raid she{scan- .,a .r:'•a.71. ,.::_'.•-' .._ • ... %•'` UHealth provides.month-
Dr.TinaCaroll•Smtt,a caned with prodding _ 'wp10e"vr."4 '°" ly schedule at
pediatrician who runs the access to as many people DeTesa Carroll-Son,dkectorofSouh Miami Ch7fkenk Chic,said she had ha IMowaway pedlatricmabileegnic.com
South Miami Children'. as possible,particularly nine Oases of COVID vaccine for dsldree under5.5he says Florida Surgeon Gerard Dc and et 305-243.6407.
Clinic,said she received children who are low-in- Joseph Ladapos mes9gamabwt..Mea s healthy&keen undermine doctors.
100 doses—the minimum cane and unthawed. JACKSON GETS
amoonrper order—of the "This Is about equity and VACCINES
newly approved vaccine amen;she said."Now which has a be peer re- masks whenever they're In "1'm in the wdt•andwee At(ackvon Health Sye-
Wednesday,two days after pear kids lyoongerthen 5), viewed,indicates that re- a public place.They take approach,it you want to teen's Holtz Children's
placing the request. who normally get their pouted re-Inheton raise, great precautions,Good- describe it as that,or may- Hospital in Miami,phut,
Carroll-Scott ordered the vaccines from places out the risk of an adverse out- friend said,because he hsa be even a don't-do-it sp• racists have about 100
vaccines through Florida thecomromity,such as the come. asthma and the couple poach,"he said. doses of the vaccine in
Shots,a joint pogrom kcal health departments. Though children as aren't willing to risk the Behar said he warns to cold morose,and plan to •
between the Florida De- will no longer have access group have not experienced Math*fa child they Med see If theta are tong-term order more Ifthete'ade-
partment of Health and the that way.' the vane degree of aerials for so long and w hard to effects from the vaccines, nand,said Venessa Good-
Canters for Disease Con- Those families will have Illness,hospitalization and conceive. but he's also doubtful that now,chief plummy oN-
trol and Prevention.With to search for a different death from COVID-19 es "We've been leading a the shots will prevent her car.
other COVID amines,a pmvlder,Gwynn said,and adults and the elderly, verynolakrd life,going from getting COVID•19. Goodrum said the vac-
doctor could order we- many lets-income families Gwynn said they retain at to what l think the majority And Lithe does,Behr said, mines arrived this past
tines In vouch mailer decent have Nibble in- risk tor lag•resmheslth ofpeople would think are he thinks dull beat it on week end they'll will be
dose from the county lemet tweets and may have effects tram inimical. extreme lengths to keep herom., distributed at Holtz and
healthdepsnment. bauble epeaidng English or In Primary,the CDC her ham getting Infected," "My daughter hsagmt through Jackson Heath's
They arrived fester than Coding transportation to fared that 75%of all chit. Geodfdend said."I know health and is a very weave primary care clinics in
she expected,given that take them to an appoint- doss and adolescents in the I'm in the minority,but child,lees of extracurricular Miami-Dade.
Florida was the only date menL United States had evidence frankly l think I'mriglt activities,lobo(autdaas Coodnowsold she ex-
In the country to min a And though marry par of a previous infection, shod this.1 dank the red time,healthy diet,nuni- pens that infants in the
CDC deadline for pre. ems can also turn to cam- with shod one-third be- of the world We became cam,"Behersaid,echoing fist year of life maybe
ordering the vaccines,end munity health centers end coming newly infected for too cavdter about It.' the Dodd&health depart- mere likely to get vaccine-
White Hose officials in- pharmacies that arty the since December 2021 dur- Gaodfslend add he feels mat's COWU49 ed because they have more
dinned that deliveries vaccines,most pharmacies kg the omicron wave. frustrated still taking po• prevenian guidance."It's frequent doctor dais,
would take longer to reach will not vominate children Florida's health cautions.it feels like the Imporhm that re'te pi- giving pediatricians more
the state as a result. younger then 3 years old department reports that world has moved on and odthinghealthy lifestyle, chances to talk to their
As of Ftiday,however, due to a federal law tit about 193,000,or nearly left usbeldod,like we and that is door ahwys parent.,than oldeechit-
Carroll-Scott said she had shields medical providers 17%of the more than 1.1 don't maker,"he said. the bed prevention fordle- darnwho may only have
adminlntered the vaccine from liability playlet cases million children younger But,he added,"1 don't ease." annual vide.
to only one patie% of children 3 and older. than 5 in Hadda,haw think anybody else should But she doesn't know
'Because we only used One of the largest retail tested positive far CO- be is a position to decide VACCINE DRIVES how many parenr.will
one don;she said,"we providers in blonds—Pa- VID•19 during thepadem• what level of risk is appro. ON SUNDAY want to vaccinate their
had to throw away the vial Mix supermarkets—said its in,including an estimated plate for my daughter." South Florid.hosphals young children.
with nine doses left be- dam will net offer the 2,800 eases confmted the Other patents,like Paul and mum).governments "It will be interesting to
muse(there sass)nobody newly mimed vaccine for week ended June 16, Behar of Pembroke Pines, are planning public need- see what the interest is for.
to give it to." yang children"at this Possibly the best a ham- said they want to mat for nation campaigns for newly this alletup,"g Godnow
Samiierwaste hasoe tame. ear for fomenting de- meteeoseateh with the eligible children.Nond said."We're not one what
cored with vaccines fors- mend will be the rollout of newly approved vaccines. Hel h,■private company it will look like."
to 11-year•Wds,Carrell- PARENTS HAVE vaccines fin 5.to H-year• Even then,Behar said,he that provides COVID-19
Scott said."We have MIXED FEELINGS olds in November 2011, meynot vaccinate his seminal end Meting at Daniel Chang
wasted en many vaccines." The laden admints- when demand Initially rose daughter,Rose,who lust public sites throughout 305-376.2012,
South Florida pedist• tr.tlon has said 10 million but then dropped two turned 5. Misml-Dade,will bold (ldckanJe,iami
raelull say pan of the cf W doses are evadable tar weeks later.
lerge in vaccinating their distribution to date,and More than seven mango
young patients is that they healthcare providers,but after the author/mann for CITY OF MIAMI BEACH
else rust contend with only 23 maroon doses of 5•to 11•year-olds to be
aeon nce generalwlw`edvisea the and 13 minim derb oses i vaccinated,oft the nealuy1.7 m11. NOTICE OF HEARING TO CONSIDER
against vaccinating healthy tithe Modern vaccine lion Florida kids in that all APPEAL OF DESIGN REVIEW
children,contrary to have been ordered to date. getup,have roeeaved al AN
recommendations from the On Thw edgy,the White lead one done of vaccine, BOARD ORDER
CDC,the Food and Drug House's COVID-19 Re- accost!Ind to the health
Administration and sponse Coordinator,Dr. department.Natlmally,the
pediatric medical Ashlsh)ha,saldmore than figuren is 30%. JULY 8,2022
associations. 4 million doses have been
In predointnantly Black delivered to about 13,000 ONE COUPLE'S TM Miami Beath City Co,nelasah pursuant to Section 1164 o1 the Miami Bomb
and Hlapaniemmmsunilies sites across the country. MAJORPRECAUTIONS City Code,will hear as argument on July 5,2022,at►A7 net.,or as soon
that have been disptapor- While some parents have In South Florida,some thereafter u the matter Can be hard In the CommWlon Chamber,2rd Rom,
tionatery affected by the been eagerly awaiting the parents lumped at the C6y Hag,1700 Convention Canal Drip,Miami Beach,Florida.to 6ansd.r an
pandemic,the word.of vaccine.'availability,l's chance to vacmute their appeal glad by Carthage House Condetoldutn Association,Ina,The Amethyst
Florida Burgeon Genesal net dent how menYwil yowg children For then), Coodemktlum demolition,be,Thorne.Halm,Jaogaa n*RebhuM,and David r
Dr.Josephca va Lsdnpo r)' minate Chat infante and theeewly approved vec- Sobbed(the'Appellant.")of a City of Miami Beach.Design Review Board Order
much weight because fa- toddlers clue.aro the begleuhg of (ORBL Issued under ORB 21.0584.grantIng design realm approval to allow 6333
dapo as Black,said Carroll. About 1 an 5 parents at the end of more than two Odra AsgdNbns IA to buld a 17-story,2o0fmldl muggemgy Cadomldum
Scott,who also Is Bleak chitdrenenderssald they yeses ofpeauslwes and a5253 Colgate Avenue.Miami Bach,Florida.33140(Cky Commission Appeal
end whose nearly 2,000 wanted to veoehme their concern about their babies, FM Na 01142022.001)(dtaodher,the'Appeal')
pediatric patients are pre. child"right away"once toddler.and preached
dominantly Black and federal regulator wtho- children who teem the tad Durhug the Jury a 2022 Commlulon Meeting,the City Commission web be
Hispanic.
sad guidancesized the shots,
l 2suc sunny
Americans to be afforded phydesgy present In khe Comndasun Chamber.The public a enemra5d to
p y by effective protecHen against attend this hearing vinusly Ise prodded below).However.member of the pudic
In March sating that the Esher Family Foatdo• sedates glass,hospital- who yd.to attend the hewing In person may renewal the Commeson Chamber.
'healthy children'minder tee,a nonprofit that leaden and death.
than 16 years old are at analyzes national heath Dan Goodfriend*Math The huMg wM be breads:Mt INe On Miami Beach TV 046TV)dowable 6n(Iso
"little to no risk of severe lazes Miami Beach add he van CRys watt..at liggramgersalmightiabilatristammomMINIIIKL n well as On
illness;end that for ado. Morn then a third of peepared todrive out of Boolaibne Cable channel55O,ATMT Course enamel BB,Honk.Commnnledka
mama 16 to 17yur.old parents sold they would sate mggeethe 15-month- channel 396,and ROW devise on PEO We,TV channel,The hep win ON be
the vaccine's risks"may watt and en how the vac• old daughter,Ava,vacel- broadcast on cords mate at hilarmaybaggramalLenonfttlynfteimaillaach end
outweigh the benefits" tine Werke in other chn• natal if he couldn't fad a on ma zoom App at singsamlemaauggegedagaggsgsammaggizat.The pubes.
That id �mdlosd deco,end about 1 in 4 place closer to home. may II5Wn to thehawing by Odin;L201.7164692 or 5E5,475e450 ITCgiree)
Trott said,
repented they would'deft- Bee Goodfrendwas able Wsbkssr ID:mummies e.
pediatricians es tasted Wady not"have their dill- to get his dnastervacd-
neessengers in their core- dren vaccinated Another nerd throngs a Iasi din- The City Cammisdon'a renew of the Aped slug he based on the record of ah.
mumtles. 11%aid they would vacs- lost trialwlh vaccine man- headna before rho DAB,snag not be a public Medea,and no new or additional
"Having a surgeon gee- nate their kids'only If declarer Modems on)ono testimony shag be taken.A verbatim transccph of the ORB hearing shorn be made a
end of color,a Black man, required." 10,about me week before par end the retard e fled by the Petitioner.The atm/ant nl review Is II)whether
came out;Balms whet Probably part of the the CDC dud Food and the ORB{nodded procedural due proms.(Pa whether One cared law who
�pediatricians pedld nor mason
alpamna are hesitant Drug Administration observed and 0e)Whether competent aeebatandd eeldenos supported the ORB'. '
manykida have had authorized the eaacdoesfar dedelon.TO Merle e,naiad adeataon or the ORB,e tivee.wnsu(Bill vote of
advising to the parsers of COVID,but we know that elandsen as young as 6 the City Commission is requhed.
these kids regarding the people an lit it again," months old.
vaccines has redly made tt Dr.Thr.ds Gamboa,a tsoodha•nd said he and All documents pataldng to DAB Ha Nor:2141694 are available tor public
difficult for those often on pediatrician with Citrus has wife,whose name he Inapeellon by meldt15 en ppdmmanl w0h the Penning Dspesmant by easing
the ground in communities Health Network,a mmdw• asked to keep private,spent 3051173.7000 Extension 27550 or Extension 26144.The pleadings relating to City
of color,"she said. nibs'Inahh tenter wills pass hyiogte haws hby, Cammieslon Appel Fine No.6N2022451 aid mashie Inc inspection inectian by
clank,le Mason-Dade,said gong thmagt in vitro fee' Malang an appointment with On Office of the COy Clerk by wag S06,873.7000
IMPACT ON BLACK AND in an email."The vaccine lineation or IVF treatments gdenehm 20226
BROWN CHILDREN may haw ride effect;In and,when those failed, Is request Oat.mel.riel in farms,aige e
tadapo's madame,Car- some children,but we need pandemic
adopt.But thelugleag hdegrrote,Myth
and/or
milScott sold,ousel coo- towetgh that with the pandemicstou.wale she day node.moulted),Information an masa for pawns lath disabled.,and/or
fusion end an exacerbate Nora itself,or the paten- Codfskmis were in the .ny.moommed.0on to review any document of psrBdPete In my(lveponeorod
• the pandemic's rW(along COVID.' depliw pease,faring proceeding.call 306604.2468 and;sect option B:TTY sews may sag t4 711
dispmpaOmste impact on them thymus*,he said (Florida Relay Servloo)
low•inomne and minority COVID DEATHS Tidy to their saprise,
communities,who as a AMONG CHILDREN GCodfdend maid,he wife TM pry t:anMWon'srime ef 1h.Appel may he opened and continued.and
group experience relatlwly About 1,500 cluldren became pennant In sum- wider such eb°wnstenas,ddNws legs nodes epee not be Wedded
poorer health,dander g• younger than 18 haVe died mar 2020. Wedges may be directed to One PluNng Department at 306673.7650 or the
reams and lees access to horn COVID49,acceding The family ha not eaten Ogle°of No
healthcare Man whites to CDC daad.Achildren indoors at a reeenma u , Cpy Atianeya3065767470.
"Hem we went in■sit- Wo inn.eisle of log CO- gone to an Indoor mode
Cky Cleat
mg`m educe amy beets Blinks d r�nwmthhoeemo'thatoreaftter theater,
an during tkthe pandemended•ic. [V 11/AIVi;c _ACII Ries P.yof fssn Beach
brown communities are the initial infection has Goedfri,d said he said his A60a0g0a1q bill
being disproportionately pad.A recent study, family also Imo face
Page 129 of 149
•
ME I NEIGHBORS I I SUNDAY MAYOS 2022
411111 CITY OF MIAMI BEACH
NOTICE OF HEARING TO CONSIDER AN APPEAL OF
DESIGN REVIEW BOARD ORDER
CITY OF OPA-LOCKA
REQUEST FOR PROPOSALS JUNE 22,2022
RFP NO;22-0614100 The Miami Beach City Commission,pursuant to Section 118-9 of the Miami Beach City Code,
Public Relations and Marketing Consultant will hear oral argument on June 22,2022,at 3:011 p.m.,or as soon thereafter as the matter
Sealed Proposals for Public Relations and Marketing Consulting Services will be can be heard,in the Commission Chamber,3rd Floor,City Hall,1700 Convention Center Drive,
received by the City of Opa-locka at the Office of the City Clerk,780 Fisherman St, Miami Beach,Florida,to consider an appeal filed by Carriage House Condominium Association,
4"Floor,Opa-locka,Florida 33054.Tuesday,June 14,2022 by 1:00 o.m,Any RFP Inc.,The Amethyst Condominium Association,Inc.,Thomas Hahn,Jacqueline Rebhuhn,and David
Package received after the designated closing time will be returned unopened.The Sebbag(the"Appellants"),of a City of Miami Beach Design Review Board Order(ORB),issued
City of Opa-locka will be accepting proposals by mail,however it is your responsibility under ORB 21-0694,granting design review approval to allow 5333 Collins Acquisitions,LP,to •
to submit your proposal by the due date.In addition,,proposals may be submitted via build a 17-story,200-foot-tall multifamily condominium at 5333 Collins Avenue,Miami Beach,
www.demandstar corn(c-bid).The address to submit sealed proposals is listed below: Florida,33140(City Commission Appeal File No.SM2022-001)(altogether,the"Appeal").
CITY OF OPA-LOCKA During the June 22,2022 Commission Meeting,the City Commission will be physically present
Office of the City Clerk in the Commission Chamber.The public is encouraged to attend this hearing virtually(as provided
780 Fisherman Street,41°Floor below).However,members of the public who wish to attend the hearing in person may appear at
Opa-locka,Florida 33054 the Commission Chamber.
An original and six(6)copies for a total of seven(7)plus 1 copy of the Proposal The hearing will be broadcast live on Miami Beach TV (MBTV), viewable on the City's
package on USB Flash Drive In PDF format shall be submitted in sealed envelopes/ website at hops://www.miamibeachfi.anvloovemment/mbty/ as well as on Breezeline
packages addressed to the City Clerk,City of Opa-locka,Florida,and marked RFP for Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395, and
Public Relations and Marketing Consultant. ROKU device on PEG.TV channel.The hearing will also be broadcast an social media at
Proposers desiring information for use in preparing proposals may obtain a set of such httns://wMw.facebook.com/citvofmiamibeach and on the Zoom App at httis://miamibeachf-
documents by visiting the City's website at yrww.00alockafl.00v or www.demandstar.com_ 9pv2oom,us/i/81392857671.The public may listen to the hearing by Mating:1.301.715.8592 or
888.475.4499(Toll-Free)Webinar ID:81392857671ff.
The City reserves the right to accept or reject any and all proposals and to waive any
technicalities or irregularities therein.The City further reserves the right to award the The City Commission's review of the appeal shall be based on the record of the hearing before the
contract to that proposer whose proposal best complies with the RFP NO:22-0614100 ORB,shall not be a public hearing,and no new or additional testimony shall be taken.A verbatim
requirements.Proposers may not withdraw their proposal for a period of ninety(90) transcript of the ORB hearing shall be made a part of the record and filed by the Petitioner.
days from the date set for the opening thereof. The standard of review is(i)whether the ORB provided procedural due process,(ii)whether
the correct law was observed,and(lii)whether competent substantial evidence supported the
A pre-bid meeting will be held on Tuesday, May 24, 2022 at 10:00 a.m. at ORB's decision.To reverse or remand a decision of the ORB,a five-sevenths(517)vote of the City
780 Fisherman Street,4"Floor(Human Resources Conference Room),Opa-iocka, Commission is required.
FL 33054 and via zoom.
All documents pertaining to ORB File No.:21-0694 are available for public inspection by making
Join Zoom Meeting an appointment with the Planning Department
De
hops://us02web.zoom.us/ii/46380131457owd=UGFoTmFobE52c2dOZnBTenB4Z21HZzO9 by calling 305.673.7000 Extension 27550 or
Extension 26144.The pleadings relating to City Commission Appeal File No.:SM 2022-001 are
Meeting ID:463 801'3145 available for public inspection by making an appointment with the Office of the City.Clerk by calling
Passcode:780334 305.673.7000 Extension 26228.
One tap mobile
+13126266799„4638013145rt,,,!780334a US(Chicago) To request this material in an alternate format,sign language interpreter(five-day notice
+16465588656„4638013145s.,,'780334ff US(New York) required),information on access for persons with disabilities,and/or any accommodation to
review any document or participate in any City-sponsored proceedings,call 305.604.2489 and
Dial by your location select option 6;TTY users may call via 711(Florida Relay Service).
+1 312 626 6799 US(Chicago)
+1 646 558 8656 US(New York) The City Commission's review of the Appeal may be opened and continued,and under such
+1 301 715 8592 US(Washington DC) circumstances,additional legal notice need not be provided.
*1 346 248 7799 US(Houston) Inquiries may be directed to the Planning Department at 305.673.7550 or the Office of the City
+1 669 900 9128 US(San Jose) Attorney at 305.673.7470.
*1 253 215 8782 US(Tacoma)
Find your local number:bttos://us02web,zoom.us/u/k1HRoOFTct ( { ���/A1.I B E AC H Rafael E:Granado,City Clerk
r/ t I . i City of Miami Beach
Joanna Flores,CMC
City Clerk Ad 08222022402 ORB
•
Page 130 of 149
Granado, Rafael
From: Granado, Rafael
Sent: Tuesday,July 19, 2022 12:34 PM
To: W.Tucker Gibbs; psavage@rascoklock.com; neisen.kasdin@akerman.com; Bob de la
Fuente
Cc: Kallergis, Nick; Cardillo, Lilia;Granado, Rafael
Subject: Executed copy of RESOLUTION NO.2022-32209— Item R9 A on the July 8, 2022 Special
Commission Meeting
Attachments: RESOLUTION 2022-32209.pdf
Good afternoon,
Attached please find an executed copy of RESOLUTION NO. 2022-32209—Item R9 A on the July 8, 2022 Special
Commission Meeting.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO AN
APPEAL FILED BY PETITIONERS THOMAS HAHN,JACQUELINE REBHUHN, DAVID SEBBAG, CARRIAGE HOUSE
CONDOMINIUM ASSOCIATION, INC.,AND THE AMETHYST CONDOMINIUM ASSOCIATION, INC., OF A DESIGN REVIEW
BOARD ORDER GRANTING DESIGN REVIEW APPROVAL TO ALLOW 5333 COLLINS ACQUISITIONS, LP,TO BUILD A 17-
STORY,200-FOOT-TALL MULTIFAMILY BUILDING AT 5333 COLLINS AVENUE, MIAMI BEACH, FLORIDA(CITY COMMISSION
APPEAL FILE NO.SM2022-001/DESIGN REVIEW BOARD FILE NO. ORB 21-0694),AFFIRMING THE DECISION OF THE
DESIGN REVIEW BOARD.
A copy will also be sent via U.S. Mail.
Regards,
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 rafaelgranado ar7miamibeachfl.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
lardillo, Lilia
From: Kallergis, Nick
Sent: Friday,July 15, 2022 11:23 AM
To: Granado, Rafael;Cardillo, Lilia
Cc: Perez, Sandra;Gonzalez,Amada
Subject: Reso No. 2022-32209 (5333 Collins Ave)
Importance: High
Ralph/Lilia,
When the above resolution is fully executed,can you send a copy to the following individuals,via email AND mail.The
Code actually requires mail but I want to provide via email as well.
thanks!
Nick
W.Tucker Gibbs, Esquire
W.Tucker Gibbs, P.A.
P.O. Box 1050
Coconut Grove, Florida 33133
tucker@wtgibbs.com
Paul C.Savage, Esquire
RASCO KLOCK PEREZ NIETO
2555 Ponce de Leon Blvd.,Suite 600
Coral Gables, FL 33134
psavage@rascoklock.com
Neisen Kasdin, Esquire �ry
Akerman, LLP
Three Brickell City Centre ^�
98 SE 7th Street,Suite 1100
Miami, Florida 33131-3522
neisen.kasdin@akerman.com
Bob de la Fuente
bdelafuente@lehtinen-schultz.com
(no need to mail)
From: Gonzalez,Amada<AmadaGonzalez@miamibeachfl.gov>
Sent:Thursday,July 14,2022 3:19 PM
1
To: Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Cc: Peret,Sandra<sandraperez@miamibeachfl.gov>
Subject: RE: 5333 Collins Ave
Importance: High
Hi Nick,
Rafael form-approved the Reso and will take it down to the Clerk with the other items I have for them. Does it need to
be routed to anyone else?
i e\IAI BEACH
Amada Gonzalez,Assistant to the City Attorney
OFFICE OF THE CITY ATTORNEY
Tel:305-673-7470 Ext 26607
From: Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Sent:Thursday,July 14, 2022 3:08 PM
To: Perez,Sandra <sandraperez@miamibeachfl.gov>;Gonzalez,Amada <AmadaGonzalez@miamibeachfl.gov>
Subject: FW: 5333 Collins Ave
Importance: High
TY Sandra. I made two little edits.
Amada, please print for form approval.
Thanks,
Nick
From: Perez, Sandra<sandraperez@miamibeachfl.gov>
Sent:Thursday,July 14,2022 9:44 AM
To: Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Subject: RE: 5333 Collins Ave
Importance: High
Hi Nick, please see the attached placed in final for form approval. Kindly approve prior to me handing it to
Rafael. Thank you,Sandra
From: Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Sent:Wednesday,July 13,2022 5:22 PM
To: Bob de la Fuente<BdelaFuente@Lehtinen-Schultz.com>; Perez,Sandra<sandraperez@miamibeachfl.gov>
Subject: Re: 5333 Collins Ave
Bob, I accepted your edits and added the dates.
Sandra,
Please place the attached in final for form approval.See if you can squeeze onto one page; if not,two pages is fine.
Thanks!
Nick
2
From: Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Date: Wednesday,July 13, 2022 at 4:07 PM
To: Bob de la Fuente <BdelaFuente@Lehtinen-Schultz.com>
Cc: Perez, Sandra <sandraperez@miamibeachfl.gov>
Subject: Re: 5333 Collins Ave
Thanks, Bob! Your edits look good. I'll fill in the blanks on the dates.
Nick Kallergis
Deputy City Attorney
City of Miami Beach
1700 Convention Center Drive,4th Floor, Miami Beach, FL 33139
Tel: (305) 673-7000 x 6321/nickkallergis@miamibeachfl.gov
From: Bob de la Fuente<BdelaFuente@Lehtinen-Schultz.com>
Sent:Wednesday,July 13, 2022 4:04:21 PM
To: Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Cc: Perez,Sandra <sandraperez@miamibeachfl.gov>
Subject: RE: 5333 Collins Ave
[THIS MESSAGE COMES FROM AN EXTERNAL EMAIL-USE CAUTION WHEN REPLYING AND OPENING LINKS OR
ATTACHMENTS]
Hey Nick—here you go.
From: Kallergis, Nick<NickKallergis@miamibeachfl.gov>
Sent:Wednesday,July 13, 2022 3:35 PM
To: Bob de la Fuente<BdelaFuente@Lehtinen-Schultz.com>
Cc: Perez,Sandra <sandraperez@miamibeachfl.gov>
Subject:5333 Collins Ave
Hi Bob,
Can you take a look at the attached draft Resolution before we finalize?
Do you think we should share with counsel first?
Thanks,
Nick
MIAMI : At
Nick Kallergis
Deputy City Attorney
3
OFFICE OF THE CITY ATTORNEY
',700,Canvention Center Drive, 4th Floor, Miami Beach, FL 33139
Tel: 305-673-7470 ext. 26321 /nickkallergis@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.
4
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
July 19, 2022
W. Tucker Gibbs, Esquire
W. Tucker Gibbs, P.A.
P.O. Box 1050
Coconut Grove, Florida 33133
•
Dear Mr. Gibbs,
Attached please find an executed copy of Resolution No. 2022-32209 - Item R9 A on the July 8,
2022 Special Commission Meeting.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RELATING TO AN APPEAL FILED BY PETITIONERS THOMAS HAHN,
JACQUELINE REBHUHN, DAVID SEBBAG, CARRIAGE HOUSE CONDOMINIUM
ASSOCIATION, INC., AND THE AMETHYST CONDOMINIUM ASSOCIATION, INC., OF A
DESIGN REVIEW BOARD ORDER GRANTING DESIGN REVIEW APPROVAL TO ALLOW
5333 COLLINS ACQUISITIONS, LP, TO BUILD A 17-STORY, 200-FOOT-TALL MULTIFAMILY
BUILDING AT 5333 COLLINS AVENUE, MIAMI BEACH, FLORIDA (CITY COMMISSION
APPEAL FILE NO. SM2022-001/DESIGN REVIEW BOARD FILE NO. DRB 21-0694),
AFFIRMING THE DECISION OF THE DESIGN REVIEW BOARD.
Respectfully,
Rafael E. Granado
City Clerk
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
July 19, 2022
Paul C. Savage, Esquire
RASCO KLOCK PEREZ NIETO
2555 Ponce de Leon Blvd., Suite 600
Coral Gables, FL 33134
Dear Mr. Savage,
Attached please find an executed copy of Resolution No. 2022-32209 - Item R9 A on the July 8,
2022 Special Commission Meeting.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RELATING TO AN APPEAL FILED BY PETITIONERS THOMAS HAHN,
JACQUELINE REBHUHN, DAVID SEBBAG, CARRIAGE HOUSE CONDOMINIUM
ASSOCIATION, INC., AND THE AMETHYST CONDOMINIUM ASSOCIATION, INC., OF A
DESIGN REVIEW BOARD ORDER GRANTING DESIGN REVIEW APPROVAL TO ALLOW
5333 COLLINS ACQUISITIONS, LP, TO BUILD A 17-STORY, 200-FOOT-TALL MULTIFAMILY
BUILDING AT 5333 COLLINS AVENUE, MIAMI BEACH, FLORIDA (CITY COMMISSION
APPEAL FILE NO. SM2022-001/DESIGN REVIEW BOARD FILE NO. DRB 21-0694),
AFFIRMING THE DECISION OF THE DESIGN REVIEW BOARD.
Respectfully,
.
ft ,t
Rafael E. Granado
City Clerk
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel: 305-673-7411
July 19, 2022
Neisen Kasdin, Esquire
Akerman, LLP
Three Brickell City Centre
98 SE 7th Street, Suite 1100
Miami, Florida 33131-3522
Dear Mr. Kasdin,
Attached please find an executed copy of Resolution No. 2022-32209 - Item R9 A on the July 8,
2022 Special Commission Meeting.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, RELATING TO AN APPEAL FILED BY PETITIONERS THOMAS HAHN,
JACQUELINE REBHUHN, DAVID SEBBAG, CARRIAGE HOUSE CONDOMINIUM
ASSOCIATION, INC., AND THE AMETHYST CONDOMINIUM ASSOCIATION, INC., OF A
DESIGN REVIEW BOARD ORDER GRANTING DESIGN REVIEW APPROVAL TO ALLOW
5333 COLLINS ACQUISITIONS, LP, TO BUILD A 17-STORY, 200-FOOT-TALL MULTIFAMILY
BUILDING AT 5333 COLLINS AVENUE, MIAMI BEACH, FLORIDA (CITY COMMISSION
APPEAL FILE NO. SM2022-001/DESIGN REVIEW BOARD FILE NO. DRB 21-0694),
AFFIRMING THE DECISION OF THE DESIGN REVIEW BOARD.
Respectfully,
Rafael E. Granado
City Clerk