C7J -Set Public Hearing Consider Patricia Fuller�s DRB AppealCOMMISSION 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 DRB File No. 22977 rendered on July 11, 2013, requested by Patricia Fuller,
a resident of the City_ of Miami Beach, Florida, and member of the Art in Public Places Committee.
Key Intended Outcome Supported:
Increase community satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc.): Miami Beach Customer Survey results indicate
85% 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, Patricia Fuller, a resident of the City of Miami Beach, Florida, and
member of the Art in Public Places Committee, is requesting a review of the Design Review Board decision
rendered on July 11, 2013 (ORB File No. 22977) pertaining to design review approval for a landscape buffer
along the perimeter of the City Commission designated off-leash dog area within the triangular area south
and west of the Washington Avenue Entry Plaza in Pointe Park. Ms. Fuller is unable to attend the October
16, 2013 meeting and therefore has requested that the hearing be set for the December 11, 2013, City
Commission meeting.
In view of Ms. Fuller request, the Administration recommends setting the public hearing on December 11,
2013 to review the order of the Design Review Board pertaining to ORB 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 lm_pact Summary:
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director Assistant City Manager City Manager
KS/JR JMT JLM
T:\AGENDA\2013\September 11\South Pointe Park ORB File No. 22977 P. Fuller Appeal • Commission Summary 9-11-
MIAMI BEACH
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AGENDA ITEM
DATE
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~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Mem
FROM: Jimmy L. Morales, City Manager
DATE: September 11, 2013
SUBJECT: A RESOLUTION OF THE MAYOR NO CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORID SETTING A PUBLIC HEARING,
PURSUANT TO SECTION 118-26 OF THE CITY CODE, FOR THE
PATRICIA FULLER'S APPEAL OF THE DESIGN REVIEW BOARD'S
ORDER RELATIVE TO ORB FILE NO. 22977 FOR THE PROPERTY
LOCATED AT 1 WASHINGTON AVENUE-SOUTH POINTE PARK
AND SETTING SAID PUBLIC HEARING FOR THE CITY
COMMISSION MEETING OF DECEMBER 11,2013.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution
KEY INTENDED OUTCOME SUPPORTED
Increase community satisfaction with recreational programs
ANALYSIS
On July 17, 2013 pursuant to City Code Section 118-262, Patricia Fuller, a resident of
the City of Miami Beach, Florida, and member of the Art In Public Places Committee,
filed a request to appeal a decision of the Design Review Board decision rendered on
July 11, 2013 (ORB File No. 22977) granting approval of a landscape buffer along the
perimeter of the City Commission designated off-leash dog area within the triangular
area south and west of the Washington Avenue Entry Plaza in Pointe Park. Additionally,
as Ms. Fuller is unable to attend the October 16, 2013 City Commission meeting she has
requested the hearing be set for the December 11, 2013 City Commission meeting.
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.
331
Commission Memorandum
September 11, 2013
Setting of Public Hearing for Patricia Fuller's Appeal of DRB File No. 22977
Page 2 of 2
In order to reverse or remand a decision of the ORB, a 5/th vote of the City Commission
is required.
CONCLUSION
The Administration recommends that the Mayor and City Commission set the public
hearing on December 11, 2013 to consider Patricia Fuller's appeal of the Design Review
Board's Order rendered on July 11, 2013 relative to ORB file No. 22977 for the property
located at 1 Washington Avenue -South Pointe Park.
JLM/J&S/JR
T:\AGENDA\2013\September 11\South Pointe Park DRB File No. 22977 P. Fuller Appeal-Commission
Memo. 9-11-13.doc
332
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, TO CONSIDER PATRICIA
FULLER'S APPEAL OF THE DESIGN REVIEW BOARD'S ORDER
RELATIVE TO ORB FILE NO. 22977 FOR THE PROPERTY LOCATED AT
1 WASHINGTON AVENUE -SOUTH POINTE PARK AND SETTING SAID
PUBLIC HEARING FOR THE CITY COMMISSION MEETING ON
DECEMBER 11, 2013.
WHEREAS, Section 118-262 of the Miami Beach City Code establishes 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; and
WHEREAS, the City Administration was the applicant for a landscape buffer along the
perimeter of the City Commission designated off-leash dog area within the triangular area south
and west of the Washington Avenue Entry Plaza in Pointe Park (DRB File No. 22977, 1
Washington Avenue-South Pointe Park); and
WHEREAS, on July 17, 2013, Patricia Fuller, a resident of the City of Miami Beach,
Florida, and member of the Art in Public Places Committee, filed an appeal of the Design
Review Board's decision rendered on July 11, 2013 (ORB File No. 22977) granting approval for
a landscape buffer along the perimeter of the City Commission designated off-leash dog area
within the triangular area south and west of the Washington Avenue Entry Plaza in Pointe Park
(ORB File No. 22977, 1 Washington Avenue-South Pointe Park); and
WHEREAS, Ms. Fuller has requested that the hearing be set for the December 11, 2013
City Commission meeting as she will not be able to attend the October 16, 2013 meeting.
NOW, THEREFORE, BE IT DULY RESOLVED BY 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 December 11, 2013 to consider
Patricia Fuller's appeal of the Design Review Board's Order rendered on July 11, 2013 relative
to DRB File No. 22977 for the property located at 1 Washington Avenue-South Pointe Park.
PASSED and ADOPTED this ____ day of September, 2013.
ATTEST:
RAFAEL E. GRANADO, CITY CLERK
MA TTl HERRERA BOWER
MAYOR
T:\AGENDA\2013\September 11\South Pointe Park ORB File No. 22977 P. Fuller Appeal-Resolution 9-11-13.doc
APPROVED AS TO
FORM & LANGUAGE
FOR EXEC~TION
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333 CITY ATTO Y-u DATE