C7D-Set Public Hearing Appeal DRB�s Order For 1 Washington Avenue - South PointeCOMMISSION ITEM SUMMARY
Condensed Title:
A resolution setting a public hearing, pursuant to Section 118-262 of the City Code, to review the Design
Review Board order relative to ORB File No. 22894 rendered on March 13, 2012, requested by the City
Manager on behalf of the City Administration, as the ~oject a_m:>licant.
Key Intended Outcome Supported:
Increase community satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey results indicate
84.9% of residents rated the City's recreation programs either excellent or good.
Issue:
I Shall the Mayor and City Commission adopt the resolution?
Item Summary/Recommendation:
Pursuant to City Code Section 118-262, the City Manager of the City of Miami Beach, Florida, on behalf of
the City Administration, as the project applicant, is requesting a review of the Design Review Board decision
rendered on March 13, 2012 (ORB File No. 22894) pertaining to design review approval for a hedge for a
City Commission designated off-leash dog area within the western portion of South Pointe Park.
The Administration recommends setting the public hearing on May 9, 2012 to review the order of the Design
Review Board pertaining to DRB File No. 22894 1 Washington Avenue-South Pointe Park.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account
Funds: 1
I I
2
3
OBPI Total
Financial Impact Summary:
City Clerk's Office legislative Tracking:
Si n-Offs:
Department Director City Manager
KS JMG
T:\AGENDA\2012\4-11-12\South Pointe Park ORB File No. 22894 Appeal-Commission Summary 4-11-12.doc
MIAMI BEACH 143
AGENDA ITEM __,.C_1_D __
DATE lf-/J-/'l-
m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: April11,2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING,
PURSUANT TO SECTION 118-262 OF THE CITY CODE, FOR THE
CITY MANAGER'S APPEAL OF THE DESIGN REVIEW BOARD'S
ORDER RELATIVE TO ORB FILE NO. 22894 FOR THE PROPERTY
LOCATED AT 1 WASHINGTON AVENUE-SOUTH POINTE PARK,
AND SETTING SAID PUBLIC HEARING FOR THE CITY
COMMISSION MEETING OF MAY 9, 2012.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
KEY INTENDED OUTCOME SUPPORTED
Increase community satisfaction with recreational programs
ANALYSIS
Pursuant to City Code Section 118-262, Jorge M. Gonzalez, the City Manager of the City
of Miami Beach, Florida, on behalf of the City Administration, as the project applicant, is
requesting a review of the Design Review Board decision rendered on March 13, 2012
(ORB File No. 22894) pertaining to design review approval for a hedge for a City
Commission designated off-leash dog area within the western portion of South Pointe
Park.
The Miami Beach City Code allows, inter alia, the applicant, or the City Manager on
behalf of the city administration, or others to seek a review of any Design Review Board
order by the City Commission.
Pursuant to Section 118-262 of the Miami Beach Code, the review by the City
Commission is not a "de novo" hearing. It must be based upon the record of the hearing
before the Design Review Board. Furthermore, Section 118-262 (b) states the following:
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.
144
Commission Memorandum
April11, 2012
Creation of an Ad hoc Tennis Committee
Page 2 of 3
In order to reverse or remand a decision of the ORB, a 5/7th vote of the City Commission
is required.
CONCLUSION
The Administration recommends setting the public hearing on May 9, 2012 to review a
decision of the Design Review Board pertaining to ORB File No. 22894 1 Washington
Avenue -South Pointe Park.
JMG/HMF/KS
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145
RESOLUTION NO"-. -----
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING, PURSUANT
TO SECTION 118-262 OF THE CITY CODE, FOR THE CITY MANAGER'S
APPEAL OF THE DESIGN REVIEW BOARD'S ORDER RELATIVE TO ORB
FILE NO. 22894 FOR THE PROPERTY LOCATED AT 1 WASHINGTON
AVENUE-SOUTH POINTE PARK AND SETTING SAID PUBLIC HEARING
FOR THE CITY COMMISSION MEETING ON MAY 9, 2012.
WHEREAS, a process for review by the Mayor and City Commission of decisions
rendered by the Design Review Board when requested by an applicant or any affected person
has been established under Section 118-262 of the Miami Beach City Code; and
WHEREAS, the City Administration was the applicant for the proposed approval of a
hedge for a City Commission designated off-leash dog area within the western portion of South
Pointe Park (ORB File No. 22894, 1 Washington Avenue-South Pointe Park); and
WHEREAS, City Manager Jorge M. Gonzalez, on behalf of the City Administration, has
requested review of the Design Review Board order rendered on March 13, 2012, pertaining to
the proposed hedge for an off-leash dog area within the western portion of South Pointe Park
(ORB File No. 22894, 1 Washington Avenue -South Pointe Park).
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the setting of a public hearing on May 9, 2012 to consider the
City Manager's appeal of the Design Review Board's Order relative to ORB File No. 22894 for
the property located at 1 Washington Avenue-South Pointe Park.
PASSED and ADOPTED this ____ day of April, 2012.
ATTEST:
ROBERT PARCHER, CITY CLERK
MATTI HERRERA BOWER
MAYOR
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146
APPROVED AS TO
FORM & LANGUAGE
&FO ECUTION