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2004-25603 Reso'RESOLUTION NO. 2004-25603 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION 118-262, TO REVIEW A DESIGN REVIEW BOARD DECISION REQUESTED BY THE OCEANSlDE AT FISHER ISLAND CONDOMINIUM ASSOCIATION NO. 5, INC. 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, Mr. Jeffrey S. Bass, Esq., Law Offices of Shubin & Bass, on behalf of the Oceanside At Fisher Island Condominium Association No. 5, Inc., is requesting an appeal of the Design Review Board decision rendered on June 1, 2004, (DRB File No. 17666) which has been timely filed for such review. 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 schedule a public hearing on July 28, 2004 to consider the review of a Design Review Board decision in DRB File No. 17666 as requested by the Oceanside at Fisher Island Condominium Association No. 5, Inc. PASSED and ADOPTED this 7th day of July, 2004. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION CItY ATTOR'N E'~/ DATE T:~AGENDA\2004\Jul0704\Consent\Palazzo Del Mar reso.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: Setting of Public Hearing - Pursuant to Miami Beach City Code Section 118-262, to review a Design Review Board decision rendered on June 1,2004, requested by the Oceanside At Fisher Island Condominium Association No. 5, Inc., (DRB File No. 17666) Issue: , Pursuant to Miami Beach City Code Section 118-262, the Administration is requesting that the Mayor and City Commission schedule a Public Hearing on July 28, 2004 to review a decision of the Design Review Board pertaining to DRB File No. 17666, requested by the Oceanside At Fisher Island Condominium Association No. 5, Inc. Item Summary/Recommendation: Adopt the Resolution scheduling a Public Hearing on July 28, 2004. Advisory Board Recommendation: Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: R. Parcher Sign-Offs: Department Director ~sistant City Manager City Manager T:~AGENDA\2004\Jul0704\Consent\Palazzo Del Mar summary.d~c DATE 7-/7'-¢/(-// CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: July 7, 2004 From: Subject: Jorge M. Gonzalez City Manager ~ ¢,,,,~''''''~ A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION 118-262, TO REVIEW A DESIGN REVIEW BOARD DECISION REQUESTED BY THE OCEANSlDE AT FISHER ISLAND CONDOMINIUM ASSOCIATION NO. 5, INC. PERTAINING TO DRB FILE NO. 17666. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS Pursuant to City Code Section 118-262, Mr. Jeffrey S. Bass, Esq., Law Offices of Shubin & Bass, on behalf of the Oceanside At Fisher Island Condominium Association No. 5, Inc., is requesting an appeal of the Design Review Board decision rendered on June 1, 2004, (DRB File No. 17666). Mr. Bass' request letter is attached. The Design Review Section of the Miami Beach Code allows the applicant, or the city manager on behalf of the city administration, or an affected person, Miami Design Preservation League or Dade Heritage Trust to seek a review of any Design Review Board Order by the City Commission. For purposes of this section, "affected person" shall mean either (i) a person owning property within 375 feet of the applicant's project reviewed by the board, or (ii) a person that appeared before the Design Review Board (directly or represented by counsel), and whose appearance is confirmed in the record of the Design Review Board's public hearing(s) for such project. 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 Commission Memorandum Page 2 of 2 3) base its decision upon substantial, competent evidence. In order to reverse or remand a decision of the DRB, a 5/7th vote of the City Commission is required. CONCLUSION The Administration recommends setting a public hearing on July 28, 2004 to review a decision of the Design Review Board pertaining to DRB file No. 17666. JMG/REP T:~GENDA\2004\Jul0704\Consent\Palazzo Del Mar CM.doc LAW OFFICES SHUBIN &BASS PROFESSIONAL ASSOCIATION VIA HAND DELIVERY June 18, 2004 Mr. Robert Parcher City Clerk City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Re: Appeal of 7100 Fisher Island Drive - Palazzo Del Mar; DRB File No. 17666 - Rendered June 1, 2004 Dear Mr. Parcher: This correspondence is transmitted to you pursuant to Miami Beach City Code § 118-262 ("Code") and it shall serve as a notice of appeal of the above-referenced order of the City of Miami Beach Design Review Board ("DRB") rendered on June 1, 2004 (copy attached). It is my understanding that the applicable appellate filing fee is $500.00 and, accordingly, I have enclosed a check in that amount. If the appellate filing fee should somehow differ from the enclosed amount, kindly advise as soon as possible and I shall tender the difference forthwith. This appeal is filed on behalf of the Oceanside at Fisher Island Condominium Association No. 5, Inc. (the ~Association"), who possess standing to file this appeal under Code §§ 118-262(a) (i)-(ii) and Florida law. The verbatim transcripts of the proceedings before the DRB have been prepared and shall be timely filed in accordance with the terms of the Code. A plain reading of the Code suggests that this correspondence contains the entirety of the necessary contents for filing an appeal from the DRB to the City Commission. In this regard, the Code does not specifically 46 S.W. 1st Street, 3rd Floor, Miami, FL 33130 Ph: 305.381.6060 Fx: 305.381-9457 www. shubinbass.com require that a notice of appeal set forth the specific basis for the appeal at the time of filing. If my reading of the Code differs from your reading, kindly advise and I shall supplement this notice to include the arguments that necessitate and justify quashal of the DRB's order. As always, please do not hesitate to contact me if you have any questions concerning this correspondence. truly Jef Esq. Enc. cc: Mr. Gary Held, Esq. Mr. Cliff Schulman, Esq. Mr. Jorge Gomez SHUBIN & BASS, RA. MEETII~ DATE: IN RI:: ; ; FILE NO{,': PROPERTY: CITY MIAMI BCH PLANNING D' 3056737559 DESIGN REVIEW BOARD City of Miami Beach, Florida May 18, 2004 The Application for Design Review Approval for the construction of an eleven (11 ) story multi-family residential building. 17666 7100 Fisher Island Drive - Palazzo Del Mar The ap~icant, Fisher Island Holding_,, filed an application with the City of Miami Beach Planning Department for Design Review Approval. The Cit~ of Miami Beach Design Review BOard makes the following FINDINGS OF FACT, based upon the, evidence, information, testimony and materials presented at the public hearing and which are part'of the record for this matter: A. ,Based on the plans and documents submitted with the application, testimony and ilSf°rmation provided by the applicant, and the reasons set forth in the Planning Department 8, taff Report, the Project as submitted is not consistent with Design Review Criteria 3 in $.ection 118-25~ of the Miami Beach Code. B. ~he projec, t would be Consistent with the criteria and requirements of section 118-251 if ?e following conditions are met: Revised elevation, site plan and floor Plan drawings shall be submitted to and approved by staff; at a minimum, Such drawings shall incorporate the following: ~ a. Shaded F.A.R. drawings and calculations shall be Submitted for the subject " building, as well as the existing building on site. b. Gzade elevation, as defined by the City of Miami Beach shall be referenced on all building elevations. c. Revised parking calculations shall be submitted, showing the required parking provided for the buildings amenities areas. d. The lobby level guest suite, as well as the detached lobby level guesthouse t~.Z~ shall not be Sold separate from one of the main living units in the building. A revised Jarldscape Plan, prepared by a Profession . ', regi~ered,in the State of Florida, and corres on ' . ~1 La.ndscape Architect. i and apPr~).ved by staff. The species type, p ding s~te plan, Shall be submitted to quantity, dimensions, spacing, location and Overall height of all plant material shall be clearly delineated and subject to the P. 01×04 08:33 CITY MIAMI BCH PLANNING D 3056737559 P.02/04 Page 2 of 4 Meeting Date: May 18, 2004 DRB File No. 17666 review and approval of staff. At a minimum, such plan shall incorporate the following: All exterior walkways shall consist of decorative pavers, set in sand or other semi-pervious material, subject to the review and approval of staff. All landscape areas abutting driveways and parking areas shall be defined by decorative bollards. A fully automatic irrigation system with 100% coverage and an automatic rain sensor in order to render the system inoperative in the event of rain, Right-of-way areas shall also be incorporated as part of the irrigation system. The landscape plan shall satisfy all requirements as specified in Chapter 1 8a of the Miami-Dada County Code. A landscape table shall be provided on final landscape plans addressing all minimum quantity and native r~'.quirements, subject to the review and approval of staff. Bsckflow preventers and any other type of utility device shall not be permitted within any required yard or any area fronting a street or sidewalk. The location of backflow preventers, siamese pipes or FPL boxes, if any, and how they are. screened with landscape material from the right-of-way, shall be indicated on the plans and shall be subject to the review and approval of staff. All building signage shall be consistent in type, composed of flush mounted, non- plastic, not illuminated, individual letters and shall require a separate permit. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shale require a separate permit. A traffic 'mitigation plan, which addresses all roadway Level of Service {LOS! deficiencies relative to the concurrency requirements of the City Code, if required, shall be submitted prior to the issuance of a Building Permit and the final building plans shall meet all other requirements of the Land Development Regulations of the City Code, Manufacturers drawings and Dada County product approval numbers for all new windows, doors and glass shall be required, prior to the issuance of a building permit. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roof plan and shall be screened from view, in a manner to be approved by staff. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). .03/04 The applicant may be required to submit a separate analysis for water and sewer requirer~ents, at the discretion of the Public Works Director, or designee, Based on a preliminary review ~)f the proposed project, the following may be required by the Public Works Department: Remove/replace sidewalks, curbs and gutters on all street frontages, if applicable. Mill/resurface asphalt in rear alley along property, if applicable. Provide underground utility service connections and on-site transformer location, if necessary. Provide back-flow prevention devices on all water services. Provide on-site, self-contained storm water drainage for the proposed development. Meet water/sewer concurrency requirements including a hydraulic water model analysis and gravity sewer system capacity analysis as determined by the DePartment and the required upgrades to water and sewer mains servicing this project. g- Payment of City utility impact fees for water meters/services. h. Provide flood barrier ramps to underground parking or minimum slab el'evation to be at highest adjacent crown road elevation plus , i. Right-of-way permit must be obtained from Public Works. ' J- All right-of-way encroachments must be removed. " k. All planting/landscaping in the public right-of-way must be approved by the Public Works and Parks Departments. ; 1~0. The project shall comply with any landscaping or other sidewalk/street improvement standards as may be prescribed by a relevant Urban Design Master Plan appr~3ved prior to the completion of the project and the issuance of a Certificate of Occupancy. 1~1. The Final Order is not severable, and if any provision or condition hereof is held void , or unconstitutional in a final decision by a court of competent jurisdiction, the order ~' shall be returned to the Board for reconsideration as to whether the order meets the ! criteria for approva! absent the stricken provision or condition, and/or it is ' appropriate to modify the remaining conditions or impose new conditions. IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information, testimony and materials.presented at the public hearing, which are part of the record for this matter, .~nd the staff report and analysis, which are adopted herein, including the staff recomm?ndations which were amended by the Board, that the Application for Design Review ' CITY MIAMI BCH PLANNING D 305G737559 P.04×04 Page 4 of 4 Meeting Date: May 18, 2004 DRB File No. 17666 approval is GRANTED for the above-referenced project subject to those certain conditions specified m Parag~raph B of the Findings of Fact (Condition Nos. 1-11, inclusive) hereof, to which the applica~ has agreed· No buildi,'ng permit may'be issued unless and until all conditions of approval as set forth herein have be~en met. The issuance of Design Review approval does not relieve the applicant from obtaining all other required Municipal, County and/or State reviews and permits, including zoning approval. If adequate handicapped access is not provided, this approval does not mean that such handicapped access is not required or that the Board supports an applicant's effort to seek waivers relating ,~o handicapped accessibility requirements. When r~_quesfinq ~ building pe_r.~it, three (3} s.ets, of plans approved_by, the Board, modified in accordance with the abO{/e conditions, es well {is annotated floor plans whi.c.h Clearly delineate th~ Floor Ar~a Ratio (FAR} calculations for the~3roject, shall be submitted t.o...~he Plannin.q Depar~mer~. If all of l~e above-specified conditions are satisfactorily addressed, the plans will be reviewed for building ~3ermit approval. Two (2) sets will be returned to you for submission for a building permit and one!(1) set will be retained for the Design Review Board's file. ,, If the F~I Building Permit is not issued within eighteen (18) months of the meeting date at which this Design Review Approval was granted and construction does not commence and continue in accordance with the requirements of the applicable Building Coda, the Design Review Approval will expire a~d become null and void, unless the applicant, prior to expiration of such period, makes applicat,i,~n to the Board for an extension of time; the granting of any such extension of time shall be at th~ discretion of the Board. At the hearing on any such application, the Board may deny or approve~the request and modify the above conditions or impose additional conditions. Failure to comply With this Order shall subject the Design Review Approval to Section 118-258, City Code, for revo~ation or modification of the Design Review Approval. ,- Approve~l As To Form: Legal De~. artment:; ~ : Filed with the Clerk of the Design Review Board on P:\PLAN\ $1~RB\DRB04\MayDRB04\17066-fo,doc DESIGN REVIEW BOARD BY:~__~ Ii,--. J~V ~J ~-~J~' THDMA$ R. MOONE~, AICP DESIGN AND PRESERVATION MANAGER FOR THE CHAIR TOTAL P. 04 Miscellaneous Cash Receipt CITY OF MIAMI BEACH [] Cash []Credit Card '~heck # No270247 ;/2 c.," 20d~ ,4z' Address For ff~-~ ~ .¢' (THIS INFORMATION MUST 'BE COMPLETED). Account Number=C, l f · [/OL!) Ct By OffiI inance Director SHUBIN & BASS PA o:~saa 46 SW 1ST ST FL 3 MIAMI, FL 33130-1610 (305) 381-6060 AY THE RDER OF 12990 Su~a~usT SunTrust Bank "'o~sqqo.' '