2004-25659 Reso
RESOLUTION NO. 2004-25659
RESOLUTION OF THE MAYOR AND
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA DENYING THE APPEAL OF OCEANSIDE
AT FISHER ISLAND CONDOMINIUM
ASSOCIATION NO.5, INC., OF THE DECISION OF
THE DESIGN REVIEW BOARD, FILE NO. 17666, ON
THE APPLICATION OF FISHER ISLAND
HOLDINGS, LLC FOR CONSTRUCTION OF AN
ELEVEN (11) STORY BUILDING AT THE
EASTERNMOST PORTION OF THE SITE AT 7100
FISHER ISLAND DRIVE ON FISHER ISLAND.
WHEREAS, the Design Review Board considered and approved an
application by Fisher Island Holdings, LLC, File No. 17666, for construction of a
building at 7100 Fisher Island Drive, on Fisher Island; and
WHEREAS, an appeal of such decision was filed by Oceanside at Fisher
Island Condominium Association No.5, Inc.; and
WHEREAS, that appeal is governed by section 118-262, Miami Beach
City Code; and
WHEREAS, this matter came before the City Commission on July 28,
2004, for oral argument; and
WHEREAS, following oral argument, the City Commission considered
the appeal according to the criteria in section 118-262.
NOW THEREFORE BE IT RESOLVED, that the Mayor and City
Commission ofthe City of Miami Beach, pursuant to its authority in Section 118-262,
on the appeal of Design Review Board in file no. 17666, find that the Design Review
Board provided procedural due process, observed the essential requirements of law,
and based its decision upon substantial competent evidence, and therefore denies the
appeal.
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City Clerk
Approved as to
Form & Language
& For Execution
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J~'-oY
Dated
Resolution No. 2004-25659
F:latto\HELG\LITIGA TIIOceansideIResolution2004.doc
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach,fl,us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~
City Manager O' 0
APPEAL OF DRB FILE NO. 17666
Date: July 28, 2004
To:
Subject:
REVIEW OF A DESIGN REVIEW BOARD DECISION APPROVING A
REQUEST BY FISHER ISLANDS HOLDINGS, LLC FOR THE
CONSTRUCTION OF AN ELEVEN (11) STORY MULTI-FAMILY
RESIDENTIAL BUILDING LOCATED AT THE EASTERNMOST PORTION
OF THE SITE AT 7100 FISHER ISLAND DRIVE ON FISHER ISLAND.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission affirm the decision of
the Design Review Board.
ANALYSIS
The Mayor and City Commission has been requested to review a decision of the Design
Review Board (ORB), wherein it approved ORB File No. 17666 pertaining to the Palazzo del
Mar project at 7100 Fisher Island Drive on Fisher Island. The subject project received
Design Review Approval on May 18, 2004 forthe construction of an eleven (11) story multi-
family residential building located atthe easternmost portion of the site. The Final Order for
the subject project was rendered on June 1, 2004.
On June 18, 2004, Oceanside at Fisher Island Condominium Association No.5, Inc., filed a
request to have the Order of the Design Review Board reviewed by the City Commission,
pursuant to Section 118-262 of the City Code.
Pursuant to Section 118-262, Miami Beach City Code, the appeal is to the City Commission.
That section provides: "The review shall be based on the record of the hearing before the
design review board, shall not be a de novo hearing, and no new, additional testimony shall
be taken." Accordingly, while notice for the hearing was published (no mailed notice is
required), no new public comment should be taken. Presentations should be limited to
those by representatives of the appellants, the applicant, and the City.
As the format of the hearing is patterned after certiorari review by a court, the Commission
may consider allowing "amici curiae" or "friends of the court" to advise the City Commission
on the interpretation of the record. This advice, publicly stated at the hearing, must not
contain new information, but must be strictly limited to comment on the record before the
Agenda Item
Date
R913
7-;2 ({ -(J f{
July 28, 2004
Commission Memorandum
Review of ORB File No. 17666 - Palazzo del Mar.
Page 2 of 3
Design Review Board.
Action by the City Commission on the appeal is governed by Section 118-262(b), which
provides:
(b) 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.
In order to reverse, or remand a five-sevenths vote of the City Commission is required. The
City Commission's decision shall be set forth in a written order which shall be promptly
mailed to all parties to the review.
Section 118-262(a) requires the appellants to file with the City Clerk a written transcript of
the hearing before the Design Review Board two weeks before the scheduled public hearing
on the appeal. The transcript and associated material were transmitted to the Mayor and
City Commission via LTC No. 170-2004.
In order to fully advise the City Commission in advance of the hearing about the issues on
appeal, the parties have agreed to provide written summaries of their positions according to
a schedule upon which they have agreed. The Administration will distribute these written
summaries to the City Commission in advance of the hearing.
The Design Review Board (ORB) determined that the subject development project,
consisting of a new medium-density residential development, is well within the scale,
context and architectural character of the existing buildings on Fisher Island. The subject
project was also smaller in scale than the project previously approved by the ORB, under a
separate application in 2002, and modified in design to respond to changing market
conditions, providing increased amenities to future residents. The project was also re-
aligned to minimize visual impacts on the adjacent existing condominium.
A review of the transcripts for all of the Design Review Board hearings on this matter
indicates that the ORB observed the essential requirements of law, made its determinations
based on substantial and competent evidence, and afforded all parties involved due
process. The record also demonstrates that the applicant has proposed a project that falls
entirely within the allowable limits of the Land Development Regulations of the Code of the
City of Miami Beach.
The DRB's review of the project was based upon the Design Review Criteria in Section
118-251 of the City Code. This section of the Code specifies that design review shall
encompass the examination of architectural drawings for consistency with the criteria listed
in Section 118-251, with regard to the aesthetics, appearances, safety, and function of any
July 28, 2004
Commission Memorandum
Review of ORB File No. 17666 - Palazzo del Mar.
Page 3 of 3
new or existing structure and physical attributes of the project in relation to the site,
adjacent structures and surrounding community. In addition to the elevations, site plans,
floor plans and landscape plans submitted by the project applicant, the Board had before it
the recommendation for approval with proposed conditions presented by its professional
staff in the form of a comprehensive staff report, as well as the expert testimony of the
applicant's architect.
Finally, the Board held a public hearing during which members of the public testified and
presented evidence. Based upon all of the evidence submitted, the Board determined that
the proposed project would meet the Criteria for Design Review Approval, if the conditions
enumerated in the Final Order are met and, therefore, approved the project.
CONCLUSION
The Administration recommends that the Mayor and City Commission affirm the decision of
the Design Review Board (ORB), wherein it approved ORB File No. 17666 pertaining to the
Palazzo del Mar project at 7100 Fisher Island Drive on Fisher Island.
JMG\CKk\Itr~
T:IAGENDA\2004UUL2804\REGULARIFISHER ISLAND - MEMO.DOC
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CITY OF MIAMI BEACH
NOTICE OF A PUBLIC HEARING
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NOTICE IS HEREBY given that a public hearing will be held by the
Mayor and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers, 3rd floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida, on Wedne.clllJ, .luIJ 28, 2004, .t
10:30 ..m., pursuant to Miami Beach City Code Section 118-262, to
review a Design Review Board decision requested by the Oceanside
at Fisher Island Condominium Association No.5, Inc.
Inquiries may be directed to the City Clerk's Office at (305) 673-7411.
INTERESTED PARTIES are invited to appear at this meeting, or be
represented by an agent, or to express their views in writing
addressed to the City Commission, c/o the City Clerk, 1700
Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida
33139. This meeting may be continued and under such circumstances
additional legal notice would not be proVided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the
public thaI: if a person decides to appeal any decision made by the
City Commission with respect to any matter considered at its meeting
or its hearing, such person must ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the Introduction or admission of
otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in accessible fonnat, sign language
interpreters, infonnation on access for persons with disabilities, and!
or any accommodation to review any document or participete in any
city-sponsored proceeding, please contact (305) 604-2489 (voice),
(305) 673-7218(TTY) five days in advance to initiate your request. TTY
users may also call 711 (Florida Relay Service).
(Ad #0271)h
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