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Home My WebLink About2005-25926 Reso RESOLUTION NO. 2005-25926 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 AN APPEAL BY MIAMI BEACH HOTEL INVESTORS, LLC (AFFECTED ENTITY), PETITIONER OF AN ORDER OF THE DESIGN REVIEW BOARD REQUESTED BY HOTELARAMA ASSOCIATES, LTD, PERTAINING TO ORB FILE NO. 17369, WHICH EXTENDED THE TIME TO OBTAIN A BUILDING PERMIT FOR A PREVIOUSLY APPROVED PROJECT. 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 ha~ been established under Section 118-262 of the Miami Beach City Code; and \. WH'~REAS, Mr, Kent Harrison Robbins, Esq" on behalf of Miami Beach Hotel Investors, LL is requesting an appeal of the Design Review Board decision rendered on April 19, 2005 ( RB File No, 17369) which has been timely filed for such review, NOW TH EFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF E CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby sc dule a public hearing on July 6, 2005 to consider the review of a Design Review Board de ' ion in DRB File No, 17369 a s requested by the Miami Beach Hotel Investors, LLC, th,~ay of June, 2005, ~k~~ ATTEST: Robert Parcher, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION u bi~ty Attorney ~-).-s-os DATE T:\AGENDA \2005\Jun0805\Consent\2005-25926,doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m Condensed Title: Setting of Public Hearing - Pursuant to Miami Beach City Code Section 118-262, to review an appeal by Miami Beach Hotel I nvestors, LLC (effected entity), petitioner of an order ofthe Design Review Board requested by Hotelarama Associates, L TO, pertaining to ORB File No. 17369, which extended the time to obtain a Building Permit for a reviousl a roved ro'ect. Issue: Pursuant to Miami Beach City Code Section 118-262, the Administration is requesting that the Ma or and Cit Commission schedule a ublic hearin for Jul 6, 2005. Item Summary/Recommendation: Pursuant to Miami Beach City Code Section 118-262, adopt the resolution scheduling a public hearing on July 6, 2005. The transcript and accompanying brief are being copied and will be transmitted via LTC on Thursday, June 9, 2005, Adviso Board Recommendation: The subject project was reviewed by the Design Review Board on April 19, 2005. Financial Information: Finance Dept. Source of Funds: D City Clerk's Office Legislative Tracking: I R. Parcher rL-4 T:\AGENDA\2005\Jun0805\Consent\DRB 17369 Summary.doc AGENDA ITEM DATE c7k.. 0-8'~O~ 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: June 8, 2005 From: Jorge M. Gonzalez 1 ~ City Manager U - 0 A RESOLUTION SETTING A PUBLIC HEARING PURSUANT TO MIAMI BEACH CITY CODE SECTION 118-262, TO REVIEW AN APPEAL BY MIAMI BEACH HOTEL INVESTORS, LLC (EFFECTED ENTITY), PETITIONER OF AN ORDER OF THE DESIGN REVIEW BOARD REQUESTED BY HOTELARAMA ASSOCIATES, L TO, PERTAINING TO ORB FILE NO. 17369, WHICH EXTENDED THE TIME TO OBTAIN A BUILDING PERMIT FOR A PREVIOUSLY APPROVED PROJECT. Subject: ADMINISTRATION RECOMMENDATION Adopt the Resolution setting the public hearing, ANAL YSIS On May 16, 2005, Mr, Kent Harrison Robbins, Attorney for Miami Beach Hotel Investors, LLC (affected entity), submitted a request Pursuant to Section 118-262 of the Miami Beach Code requesting to review an appeal by Miami Beach Hotel Investors, LLC, petitioner of an order of the Design Review Board requested by Hotelarama Associates, L TO, pertaining to ORB File No, 17369, which extended the time to obtain a Building Permit for a previously approved project. The Design Review Section of the Miami Beach Code allows the applicant, the city manager, or an affected person to seek "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, Commission Memorandum Page 2 of 2 In order to reverse or remand a decision of the ORB, a 5/ih vote of the City Commission is required, CONCLUSION Pursuant to Section 118-262 of the Miami Beach Code, the Administration recommends that the City Commission set a public hearing on July 6, 2005 to review a decision of the Design Review Board pertaining to ORB file No, 17369, The transcript and accompanying brief are being copied and will be transmitted via LTC on Thursday, June 9, 2005, ~f JMG/REP T:\AGENDA\2005\Jun0805\Consent\DRB 17369 commission Memorandum,doc MAY-05-2005 15:36 U I Y r'11HMl tll"H t-'LHI'lN1NLJ 1) .511~b'( S(~~':;l t-'.~~/~2 DESIGN REVIEW BOARD City of Miami Beach. Florida INRE: April 19,2005 The Application for a six (6) month Extension of Time to obtain a Full Bu'ilding Permit for a previously issued Design Review Approval for the construction of a new 18-story hotel tower, MEETING DATE: FILE NO: PROPERTY: 17369 4441 Collins Avenue - Fontainebleau III ORDER The applicant, Hotelerarpa Associates, Ltd., filed a request with the City of Miami Beach Planning Department for an Extension of Time to obtain a Building Permit for a previously issued Design Review Approval, The City of Miami Beach's Design Review Board makes the following FINDING OF FACT, based upon the evidence, infonTlation, testimony and materials presented at the public hearing and which are part of the record forth;s matter: The applicant submitted information establishing, among other things, that there were delays enco!;Jntered in the permitting process. The foregoing constitutes good cause for granting a six (6) month extension of time to the requirement that a Full Building Permit be obtained within eighteen (18) months of the original Design Review Approval. .' IT IS HEREBY ORDERED, based upon the foregoing finding of fact and the staff report and analysis, which is adopted herein, including the recommendation, that a six (6) month extension of time to obtain a full building permit (which six [6] month period shall run from the expiration date of the original approval, which is May 18, 2005) is granted for the above-referenced project conditioned upon the following, to which the applicant has agreed: 1, A full building permit, not a foundation or shell permit, for the project shall be obtained by November 18, 2005. 2. Construction shall commence and continue in accordance with the applicable Building Code. 3. 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 approval absent the stricken provision or condition, and/or it is appropriate to modify the remaining conditlons or impose new conditions. No building permit may be issued unless and until all conditions of approval as set forth in this Order and the Order for the November 18, 2003 approval have been met. The issuance of Design Review Approval does not relielie the applicant from obtaining all other required Municipal, County and/or A~ TOTAL P.02 l'IHT-~b-~~lQ;:) l;:)''':>b L I I T "II HI'I! Jjl.H t"'LHNN 1 Nl:l j) ( ~~::>b'(S(::>::>':;j t-',l()l/~~ ( Page 2 of 2 ORB File: 17369 Meeting Date: April 19, 2005 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 to handicapped accessibility requirements. When reouesting a b!)i1dincJ oermit. three (3) sets of the plans aooroved ,bv the BQ.ard. modified in accordance with the CQnsliPons set forth in this Order and the Final Order for the November 18. 2003 meetina, shall be submit\iid to the Plannina Decartment.lf all of the above-specified conditions are satisfactorily addressed, the plans will be reviewed for building permit 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. Ifthe Full Building Permit is not issued by November16. 2005, and construction does not commence and continue in accordance with the applicable Building Code, the approval will expire and become null and void, Dated this b daYOf;f) a. t ' 206 DESIGN REVIEW BOARD THE CI OF MIAMI C Approved As To Form: ~ Legal Department: ~ Filed with the Clerk of the Design Review Board on ( .r -I.{ ""IJ r) v' sjf; ( ~ ) F:\PLAN\$ORB\ORB05\Ap'rORB05\17369-e,fo,doc CO.lDepI, Pho". II Phone . Fax. A~ post-lr Fax Note 7671 To ~ KENT HARRISON ROBBINS ATTORNEY AT LAW 1224 WASHINGTON AVENUE MIAMI BEACH, FL 33139 UNION PLANTERS BANK 1601 WASHINGTON AVE. MIAMI BEACH, FL 33139 63-841/670 3300 5/16/2005 x u '" D C o '" iii W o PAY TO THE ORDER OF City Of Miami Beach $ **250.00 Two Hundred Fifty and 00/1 00** ** ** *** * *** ****** ** **** ** ******** ****** ****** *** ****** * *** ** * ** ***** * *** **** **** * * ** **** * DOLLARS '" 5 ;;; ~ >- 5 u " (f) City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 ~ri-~ AUTHORIZED SIGNATURE t2J MEMO ____ c,_,_,__. _fi'i~~!.~~EP~!~~_~~~I?3::i,~,~~,~,",:_~~~!..eE~~_._____,,~__~.______~_,_.___.____..._..",..'_.. 11100 j j 00111 .: 0 b 7008 I.. ~ 1..,: 1110 I.. 0 0 0 0 b 9 b 0 III KENT HARRISON ROBBINS ATTORNEY AT LAW 3300 Date 05/16/2005 City Of Miami Beach Type Reference Bill Original Am!. 250.00 5/16/2005 Balance Due Discount 250.00 Check Amount Payment 250.00 250.00 Law Operating Checking Filing for Appeal ofDRE Decision - Hotelerama 250.00 ,~ Untitled Stationery Page I of2 Hernandez, Kerry From: Hatfield, Liliam Sent: Monday, August 22, 2005 10: 17 AM To: Hernandez, Kerry Cc: Martinez, Maria Subject: FW: Resolution 2005-25926 Kerry/Maria - FYI This email has been snapshot to Laser Fiche under this Reso Number. Status should changed to "resolved," From: Gomez, Jorge Sent: Monday, August 22,200510:00 AM To: Hatfield, Liliam; Mooney, Thomas Cc: Parcher, Robert Subject: RE: Resolution 2005-25926 Liliam, the objector withdrew his appeal and the matter was never heard by the Commission, Therefore, I do not think a Resolution indicating Commission action is needed, Jorge G, Gomez, AICP Planning Director City of Miami Beach Planning Department 1700 Convention Center Drive, Miami Beach, FL 33139 tel. (305}673-7550 - fax (305}673-7559 jgomez@miamibeachfl,gov Please note: Florida has a vel}' broad public records law, Most written communications to or from city officials regarding city business are public records available to the public and media upon request, Your e-mail communications may be subject to public disclosure, -----Original Message----- From: Hatfield, Liliam Sent: Friday, August 19, 2005 3:29 PM To: Gomez, Jorge Subject: Resolution 2005-25926 Please assign staff to deliver completed resolutions for the actions taken by Commission on the following dates: June 8,2005 C7K A Resolution Setting A Public Hearing Pursuant To Miami Beach City Code Section 118-262, To Review An Appeal By Miami Beach Hotel Investors, LLC, (Effected Entity), Petitioner Of An Order Of The Design Review Board ReqiJested By Hotelerama Associates, L TO, Pertaining To ORB File No, 17369, Which Extended The Time To Obtain A Building Permit For A Previously Approved Project. (City Clerk's Office) ACTION: Resolution No, 2005-25926 adopted, Public Hearing scheduled for July 6, 2005, R. Parcher to notice. Lilia Cardillo to place on the Commission Agenda, Jorge Gomez to handle. Thank you for your prompt attention to this matter. Liliam R. Hatfield Office Associate V City Clerk's Office 08/22/2005