98-22703 RESO
RESOLUTION NO. 98-22703
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA SETTING A PUBLIC HEARING TO
REVIEW A DESIGN REVIEW BOARD DECISION
APPROVING A REQUEST BY THE LOFTS AT
SOUTH BEACH, INC., FOR THE CONSTRUCTION
OF A SEVEN (7) LEVEL MIXED-USE BUILDING,
INCLUSIVE OF EIGHT (8) RESIDENTIAL
UNITS, OFFICE/STUDIO UNITS AND RETAIL
SPACE AT 1403 DADE BOULEVARD.
WHEREAS, the Mayor and City Commission of the City of Miami
Beach recognize that a process for the review of decisions
rendered by the Design Review Board has been established under
Section 18 of the Zoning Ordinancei and
WHEREAS, affected parties have the right to seek a review by
the City Commission of projects approved by the Design Review
Boardi and
WHEREAS, the Design Review Board, on February 25, 1998,
approved a request by The Lofts at South Beach, Inc., for the
construction of a seven (7) level (71'-1" to the top of the roof
and 751-7" to the highest architectural projection) mixed use
building, inclusive of eight (8) residential units, office/studio
units and retail space at 1403 Dade Boulevard (DRB File No.
9820) i and
WHEREAS, Mr. Santiago Echemendia, Esq., on behalf of the
West Bay Plaza Condominium Association, and Mr. Paul Phinney and
Ms. Margaret Pietsy, has requested a review of the decision
rendered by the Design Review Board concerning DRB File No. 9820.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
1. The City Commission hereby sets a time certain of 2:00
p.m., on April 15, 1998, to review the decision of the Design
Review Board (DRB File No. 9820) wherein it approved a request by
The Lofts at South Beach, Inc., for the construction of a seven
(7) level (711-1" to the top of the roof and 75'-7" to the
highest architectural projection) mixed use building, inclusive
of eight (8) residential units, office/studio units and retail
space at 1403 Dade Boulevard.
PASSED and ADOPTED this 1st day of
April , 1998.
ATTEST:
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CITY CLERK
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APPROVED AS TO
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Date
DESIGN REVIEW BOARD
City of Miami Beach, Florida
DRAFT
MEETING DATE: February 25, 1998
IN RE: The Application for Design Review Approval for the
construction of a seven (7) level (71' -1" to the
top of the roof and 7 5 ' -7" to the highest
architectural projection) mixed use building,
inclusive of eight (8) residential units,
office/studio units and retail space.
PROPERTY: 1403 Dade Boulevard
FILE NO: 9820
o R D E R
The applicant, The Lofts at
with the City of Miami
Preservation Division for
South Beach, Inc., filed an
Beach's Planning, Design
Design Review approval.
application
& Historic
The City of Miami Beach's Design Review Board makes the following
FINDINGS OF FACT:
1. Based on the plans and documents submitfed with the
application, testimony and information provided by the
applicant, and the reasons set forth in the Planning, Design
and Historic Preservation Division Staff Report, the project
as submitted is not consistent with the Design Review Criteria
Nos. 4, 10 & 14 in Subsection 18-2 of Zoning Ordinance No. 89-
2665.
2. The project would be consistent with the afore-stated criteria
and requirements if the following conditions are met:
1. Revised site, floor plan and elevation drawings shall be
submitted to and approved by staff; at a minimum, said
drawings shall incorporate the following:
a. The width of the stairway opening on the west
elevation shall be narrowed so that it is no wider
than the outer edges of the fenestration directly
above it, in a manner to be approved by staff.
DRAFT
155
DRAFT
b. The windows and storefront openings to the right of
the stairway entrance .on the west elevation shall
be widened (toward the middle only) and incorporate
mullionless glass, in a manner to be approved by
staff.
c. The balconnet tes to the right of the stairway
entrance on the west elevation shall be elongated
so as to take on a more wide appearance, In a
manner to be approved by staff.
d. Additional fenestration shall be provided on the
north elevations of the project, in a manner to be
approved by staff.
e. The southwest corner of the property shall, to the
greatest extent possible, incorporate an expanded
view corridor, in a manner to be approved by staff.
2. A revised landscape plan, and corresponding site plan,
prepared by a Professional, shall be submitted to and
approved by staff. The species type, quantity,
dimensions, spacing, location and overall height of all
plant material shall be clearly delineated and subject to
the review and approval of staff; at a minimum, said plan
shall incorporate the following:
a. All exterior walkways shall consist of decorative
pavers, set in sand and all landscape areas shall
be defined by continuous concrete curb.
b. 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.
c. All species of trees selected for planting on Dade
Boulevard, Purdy Avenue and Bay Road shall be in
accordance with the Miami Beach Master Street Tree
Planting Plan for said areas; a minimum of five (5)
trees shall be required.
d.
Ficus
areas
repens
along
shall be planted In
Dade Boulevard in a
the landscape
manner which
2
DRAFT
156
DRAFT
augments the proposed White Bird's of Paradise.
e. The width of the driveway and curb-cut on the east
side of the property (fronting Bay Road), shall be
reduced to twenty-four (241) feet.
3. The final exterior surface color scheme, including color
samples, shall be subject to the review and approval of
staff.
4. A traffic mitigation plan, which addresses all roadway
Level of Service (LOS) deficiencies relative to the
concurrency requirements of Section 22 of the Zoning
Ordinance, shall be required prior to the issuance of a
Building Permit and the final building plans shall meet
all other Zoning Ordinance requirements.
5. Manufacturers drawings and Dade County product approval
numbers for all new windows, doors and glass shall be
required.
6. 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.
7. All new and altered elements, spaces and areas shall meet
the requirements of the Florida Accessibility Code (FAC).
8. The project shall comply with any landscaping or other
sidewalk/street improvement standards as may be
prescribed by a relevant Urban Design Master Plan
approved prior to the completion of the project and the
issuance of a Certificate of Occupancy.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact and
the staff report and analysis, which is adopted herein, including
the staff recommendations which were amended by the Board, that the
Application for a Certificate of Appropriateness and Design Review
approval is granted for the above-referenced project subject to
those certain conditions specified in numbered paragraph 2 of the
Findings of Fact hereof (conditions #1-8, inclusive), to which the
applicant has agreed.
DRAFT
3
157
~"
No building permit may be issued unless and until all conditions of
approval as set forth herein have been-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 to handicapped accessibility requirements.
When requesting a building permit. three (3) sets of plans approved
by the Board, modified in accordance with the above conditions, as
well as annotated floor plans which clearly delineate the Floor
Area Ratio (FAR) calculations for the proiect, shall be submitted
to the Planning, Desian and Historic Preservation Division. If
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. If the building permit is not issued within one (1) year of
the meeting date and construction does not commence within two (2)
years of the meeting date, and continue diligently through
completion, the Design Review approval will expire and become null
and void.
Dated this
day of
, 1998.
DESIGN REVIEW BOARD
City of Miami Beach, Florida
By:
Chairperson
Approved as to Form:
Office of the
(Initials/Date)
City
Attorney
F:\PLAN\$DRB\DRB98\FEBDRB98\9820.FO
DIAFT
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158
CITY OF MIAMI BEACH
PLANNING, DESIGN & HISTORIC PR~SERVATION DIVISION
ffi
DESIGN REVIEW BOARD
STAFF REPORT
TO:
FROM:
DESIGN REVIEW BOARD
DEAN J. GRANDIN, Jr., DEPUTY DIRECTOR~
DEVELOPMENT, DESIGN & HISTORIC PRESERVATION SERVICES
DATE:
FEBRUARY 25, 1998 MEETING
RE:
DESIGN REVIEW FILE NO. 9820
1 403 Dade Boulevard - The Lofts at South Beach
The applicant, The Lofts at South Beach, Inc., is requesting Design Review approval
for the construction of a seven (7) level (71'-1" to the top of the roof and 75' -7" to
the highest architectural projection) mixed use building, inclusive of eight (8) residential
units, office/studio units and retail space.
SITE DATA:
Zoning -
Future Land Use Designation-
Lot Size -
Existing FAR -
Proposed FAR -
CD-2 (Commercial, Medium Intensity)
CD-2 (Commercial, Medium Intensity)
18,907 S.F.
N/A-Vacant Lot
37,814 S.F. / 2.0 (Max FAR = 2.0), as represented
by the applicant
N/A-Vacant Lot
71 '-1" / 9 stories (77'-6" to highest non-habitable
projection)
V acant Lot
Mixed-Use structure consisting of residential units
and studi%ffice space with accessory retail at grade
Existing Height -
Proposed Height-
Existing Use/Condition -
Proposed Use -
HISTORY:
The applicant came before the Board on June 3, 1997, and received Design Review
Approval for essentially the same project proposed herein. The primary difference
between this application and the one approved on June 3, 1997 is the actual use; the
previous approval consisted of an entirely residential structure with only accessory
commercial at the first level while the project proposed herein is primarily a commercial
project with less than 25% of the total area of the building being residential.
159
THE PROJECT:
The applicant is proposing to construct a multi-family residential project with grade
level retail fronting the sidewalk on Purdy Avenue (a/k/a Sunset harbor Drive).
Pedestrian access to the structure would be directly from the sidewalk on Purdy
Avenue, via a series of steps which would lead to a third level courtyard; vehicular
access would be from Bay Road.
The building is composed of CBS stucco, and incorporates groupings of square
windows and balconnettes within vertical planes on the primary elevations. A
breakdown of the proposed floor plan of the project is enumerated hereto:
Ground Level:
Level One:
level Two:
Level Three:
Level Four:
level Five:
level Six:
level Seven:
level Eight:
Entrance, Three (3) retail spaces, 21 parking spaces
Three (3) office/studios and 22 parking spaces
Six (6) units, Courtyard
Four (4) units, lofts for level-2 units
Eight (8) units (residential)
Lofts for level-4 units (residential)
Six (6) units, two (2) residential units
Attic space for level-6 units
Roof
COMPLIANCE WITH ZONING CODE:
The application, as proposed, may require the following variances, in order for the
application to address the inconsistencies with the following sec1;ions of the Zoning
Ordinance, if more than 25% of the total area of the building is residential:
1. A variance to waive 13' -0" of the minimum required 20' -0" pedestal front yard
setback in order to construct a building with pedestal floors, containing
residential units, 7' -0" from the front property line facing Bay Road.
2. A variance to waive 13' -0" of the minimum required 20' -0" pedestal front yard
setback in order to construct a building with pedestal floors, containing
residential units, 7' -0" from the front property line facing Purdy Avenue.
3. A variance to waive all of the minimum required 10' -2" pedestal interior side
yard setback in order to construct a building with pedestal floors, containing
residential units, on the north interior lot line.
4. A variance to waive all of the minimum required 10' -2" pedestal side yard
setback facing a street in order to construct a building with pedestal floors,
containing residential units, on the south lot line facing Dade Boulevard.
2
160
5. A variance to waive 35' _0" of the minimum required 42' _0" tower front yard
setback in order to construct a building ~ith the tower portion, 7' -0" from the
front property line facing Bay Road.
6. A variance to waive 35' -0" of the minimum required 42' -0" tower front yard
setback in order to construct a building with the tower portion, 7' -0" from the
front property line facing Purdy Avenue.
7. A variance to waive all of the minimum required 10' -2" tower side yard setback
facing a street in order to construct a building with the tower portion adjacent
to the south lot line facing Dade Boulevard.
These and all zoning matters shall be subject to final verification.
ACCESSIBILITY COMPLIANCE
Additional information will be required for a complete accessibility review pursuant to
the requirements of the Florida Accessibility Code (FAC); based upon the information
submitted, a preliminary evaluation of the project indicates the following:
1 . When the accessible route is not readily visible, directional signs must be
provided to show the accessible route.
2. At least one (1) accessible route must connect all areas, elements and spaces.
3. Two (2) accessible parking spaces are required, only one (1) is provided.
4. The townhouses must meet FAC section 1,1 which requires that the bathroom
located in the accessible level be adaptable.
TRAFFIC IMPACT ANALYSIS:
A review of the traffic impact analysis submitted by the applicant has indicated that
the project does not meet the concurrency requirements of the Zoning Ordinance.
Although a draft mitigation plan has been approved in concept by the Florida
Department of Transportation (FOOT), said plan must receive final approval from the
City Commission, prior to the issuance of any Building Permit for the project.
COMPLIANCE WITH DESIGN REVIEW CRITERIA:
Design Review encompasses the examination of architectural drawings for consistency
with the criteria stated below with regard to the aesthetics, appearances, safety, and
function of the structure or proposed structures in relation to the site, adjacent
structures and surrounding community. Staff recommends that the following criteria
is found to be satisfied, not satisfied or not applicable, as hereto indicated:
"I
-'
161
1 . The existing and proposed conditions of the Lot, including but not necessarily
limited to topography, vegetation, trees,~drainage, and Waterways.
- Satisfied
2. The location of all existing and proposed Buildings, drives, parking spaces,
walkways, means of ingress and egress, drainage facilities, utility services,
landscaping Structures, Signs, and lighting and screening devices.
- Not Satisfied; see Condition #3 and Staff Analysis
Details of signage for the proposed retail storefronts has not been submitted.
3. The dimensions of all Buildings, Structures, setbacks, parking spaces, Floor Area
Ratio, height, Lot Coverage and any other information that may be reasonably
required to determine compliance with this Ordinance.
- Satisfied
4. The color, design, selection of landscape materials and architectural elements
of Exterior Building surfaces and primary public interior areas for Developments
requiring a Building Permit in areas of the City identified in Subsection B of this
Section.
- Not Satisfied; see Condition #1, #2, #4 and Staff Analysis
Exterior color samples have not been submitted; the design of the two (2) story
raised stairway leading to the courtyard, by itself, detracts from the appearance
of the remainder of the west elevation of the project in that it has no relation
to the first two (2) levels of the vertical plane to it's immediate right; the north
elevation of the project is slightly stark.
5. The proposed Structure is in conformity with the standards of this Ordinance
and other applicable ordinances, architectural and design guidelines, and plans
insofar as the' location and appearance and design of the Buildings and
Structures are involved.
- Satisfied
6. The proposed Structure indicates a sensitivity to and is compatible with the
environment and adjacent Structures, and enhances the appearance of the
surrounding properties.
- Satisfied
7. The design and layout of Buildings shall be reviewed so as to provide an
efficient arrangement of land uses. Particular attention shall be given to safety,
crime prevention and fire protection, relationship to the surrounding
neighborhood, impact on contiguous and adjacent Buildings and lands,
pedestrian sight lines and view corridors.
- Satisfied
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162
8. Pedestrian and vehicular traffic movement within and adjacent to the Site shall
be reviewed to ensure that all parking spaces are usable and are safely and
conveniently arranged. Access to the Site from adjacent roads shall be
designed so as to interfere as little as possible with traffic flow on these roads
and to permit vehicles a rapid and safe ingress and egress to the Site.
- Satisfied
9. Lighting shall be reviewed to ensure safe movement of persons and vehicles and
reflection on public property for security purposes and to minimize glare and
reflection on adjacent properties.
- Satisfied
10. Landscape and paving materials shall be reviewed to ensure an adequate
relationship with and enhancement of the overall Site Plan design.
- Not Satisfied; see Concern #2 and Staff Analysis
The view corridors from the west side of the property toward Biscayne Bay are
negatively impacted by the landscape plan which has not been properly
developed.
11 . Buffering materials shall be reviewed to ensure that headlights of vehicles,
noise, and light from Structures are adequately shielded from public view and
pedestrian areas.
- Satisfied
12. Storm drainage, sanitary waste disposal, and water supply shall be reviewed
and considered in terms of the adequacy of existing systems, and the need for
improvements, both on-Site and off-Site, to adequately carry runoff and
sewage, and to, maintain an adequate supply of water at sufficient pressure.
- Satisfied
13. Garbage disposal shall be reviewed to ensure freedom from vermin and rodent
infestation. All disposal systems shall meet municipal specifications as to
installation and construction.
- Satisfied
14. The overall project shall be reviewed for compliance with the City's
Comprehensive Plan or Neighborhood Plans that apply to or affect the subject
property.
- Not Satisfied; see Condition #4
Although the project complies with all other aspects of the Comprehensive Plan,
it is not consistent with the Traffic Circulation Element. Consequently, a traffic
mitigation plan, which addresses all roadway Level of Service (LOS) deficiencies
5
163
relative to the concurrency requirements of the Zoning Ordinance, shall be
required prior to the issuance of any Buifding Permit.
15. To promote reduced crime and fear of crime through the use of Crime
Prevention Through Environmental Design Guidelines and Strategies.
- Satisfied
STAFF ANALYSIS:
The applicant is proposing a desirable use for the subject property, which is well
designed and attractive from an aesthetic standpoint. Specifically, the relatively
modest overall height of the project is within the scale and context of the immediate
area and the elevations are a simple and attractive composition of classically inspired
architectural features in a modern context.
Furthermore, the project holds the street and pedestrian linkages to the site very well
as storefronts are proposed for the first level of the primary elevation fronting Purdy
Avenue (Sunset Harbor Drive) and vehicular access has been confined to a secondary
elevation fronting Bay Road. Notwithstanding these positive attributes, however, staff
does have a concern with the design of the entry stairway on the west elevation of the
project; specifically, a better relationship between the first two (2) floors of the middle
vertical planes of the west elevation needs to be developed.
Staff also has a concern with the proposed siting of the structure at the southwest
corner of the property and its impact on the vistas to Biscayne Bay from Dade
Boulevard. However, we have concluded that the applicant has made significant
changes from the previously approved application in terms of relocating portions of the
floor plan to further expand this view corridor.
One suggestion for alleviating the deficiencies with the front elevation, as noted above,
would be to narrow the width of the stairway opening so that it is no wider than the
outer edges of the fenestration directly above. It is further suggested, that the
windows and storefront openings to the right of the stairway entrance be widened
(toward the middle only), perhaps incorporating mullionless glass, and that the
balconnettes in this plane be elongated so as to take on a wider appearance.
Given the relatively minor nature of the concerns expressed herein, relative to the
design of the structure, it is anticipated that any modifications can be easily
accommodated at the administrative level, as indicated in the recommendation.
RECOMMENDA TION:
6
164
In view ~of the foregoing analysis, staff recomme_nds the application be, subject to the
following conditions, which address the inconsistencies with the aforementioned
Design Review criteria:
1. Revised site, floor plan and elevation drawings shall be submitted to and
approved by staff; at a minimum, said drawings shall incorporate the following:
a. The width of the stairway opening on the west elevation shall be
narrowed so that it is no wider than the outer edges of the fenestration
directly above it, in a manner to be approved by staff.
b. The windows and storefront openings to the right of the stairway
entrance on the west elevation shall be widened (toward the middle only)
and incorporate mullion less glass, in a manner to be approved by staff.
c. The balconnettes to the right of the stairway entrance on the west
elevation shall be elongated so as to take on a more wide appearance, in
a manner to be approved by staff.
d. Additional fenestration shall be provided on the north elevations of the
project, in a manner to be approved by staff.
e. The southwest corner of the property shall, to the greatest extent
possible, incorporate an expanded view corridor, in a manner to be
approved by staff.
2. A revised landscape plan, and corresponding site plan, prepared by a
Professional, shall be submitted to and approved by staff. The species type,
quantity, dimensions, spacing, location and overall height of all plant material
shall be clearly delineated and subject to the review and approval of staff; at a
minimum, said plan shall incorporate the following:
a. All exterior walkways shall consist of decorative pavers, set in sand and
all landscape areas shall be defined by continuous concrete curb.
b. 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.
c. All species of trees selected for planting on Dade Boulevard, Purdy
Avenue and Bay Road shall be in accordance with the Miami Beach
Master Street Tree Planting Plan for said areas.
7
165
d. Ficus repens shall be planted in the landscape areas along Dade
Boulevard in a manner which augments the proposed White Bird's of
Paradise.
e. The width of the driveway and curb-cut on the east side of the property
(fronting Bay Road), shall be reduced to twenty-four (24') feet.
3. The final exterior surface color scheme, including color samples, shall be subject
to the review and approval of staff.
4. A traffic mitigation plan, which addresses all roadway Level of Service (LOS)
deficiencies relative to the concurrency requirements of Section 22 of the
Zoning Ordinance, shall be required QtiQ.r to the issuance of a Building Permit
and the final building plans shall meet all other Zoning Ordinance requirements.
5. Manufacturers drawings and Dade County product approval numbers for all new
windows, doors and glass shall be required.
6. 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.
7. All new and altered elements, spaces and areas shall meet the requirements of
the Florida Accessibility Code (FAC).
8. The project shall comply with any landscaping or other sidewalk/street
improvement standards as may be prescribed by a relevant Urban Design Master
Plan approved prior to the completion of the project and the issuance of a
Certificate of Occupancy.
DJG:TRM
F:\PLAN\ $ DRB\DRB98\FEBDRB98\9820. FEB
8
166
@
GUNSTER, YOAKLEY, VALDES-FAULl & STEWART, P.A.
ATTORl'iEYS AT LAW
WRITER'S DIRECT DIAL NUMBER: (305) 376-6074
March 17, 1998
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~~B7. 71)
VIA HAND DELIVERY
Mr. Dean Grandin
Director of Historic Preservation
and Urban Design
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Appeal of Design Review Board
Decision - February 25, 1998
File No. 9820 - 1403 Dade Boulevard
Dear Mr. Grandin:
This correspondence is transmitted to you in your capacity as Director of Historic
Preservation and Urban Design and shall serve as an appeal of the "above-referenced
matter which was approved by the Design Review Board on February 25, 1998. Enclosed
please find a check in the amount of Five Hundred Eighty Seven Dollars and Seventy
Cents ($587.70) which sum comprises the appeal fee.
The basis for the appeal is that the Design Review Board departed from the
essential requirements of the law and failed to support its decision with competent and
substantial evidence concerning concurrency and compatibility.
Respectfully,
~
Santiago D. Echemendia
For the Firm
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENT JON CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. Mot B
TO:
Mayor Neisen Kasdin and DATE: April 1, 1998
Members of the City Com sSlon
Sergio Rodriguez ,/,/.
City Manager ~
A Resoluti of the Mayor and City Commission of the City of Miami Beach,
Florida, Setting a Public Hearing to Review a Design Review Board Decision
Approving a Request by The Lofts at South Beach, Inc., for the Construction
of a Seven (7) Level Mixed Use Building, Inclusive of Eight (8) Residential Units,
Office/Studio Units and Retail Space at 1403 Dade Boulevard.
FROM:
SUBJECT:
RECOMMENDATION
The Administration recommends that the City Commission set a public hearing on April 15, 1998,
with a time certain, to review a decision of the Design Review Board (DRB), wherein it approved
the construction of a seven (7) level mixed use building, inclusive of eight (8) residential units,
office/studio units and retail space at 1403 Dade Boulevard (DRB File No. 9820).
BACKGROUND
On February 25, 1998, the Design Review Board (DRB) approved a request by The Lofts at South
Beach, Inc., for the construction of a seven (7) level (71'-1" to the top of the roof and 75'-7" to the
highest architectural projection) mixed use building, inclusive of eight (8) residential units,
office/studio units and retail space at 1403 Dade Boulevard (DRB File No. 9820). The staff report
to the DRB for this project and the draft Final Order to be issued shortly by the DRB are attached,
hereto, for informational purposes.
On March 17, 1998, Mr. Santiago Echemendia, Esq., on behalf ofthe West Bay Plaza Condominium
Association, and Mr. Paul Phinney and Ms. Margaret Pietsy, filed a request to have the Order of the
Design Review Board reviewed by the City Commission, pursuant to Section 18-2.K of Zoning
Ordinance 89-2665 (see attached letter).
ANALYSIS
The Design Review Section of the Zoning Ordinance allows an "affected person" to seek "review"
of any Design Review Board Order by the City Commission. In this particular instance Mr. Santiago
Echemendia, Esq., on behalf of the West Bay Plaza Condominium Association, and Mr. Paul
Phinney and Ms. Margaret Pietsy, is seeking a review of the Final Order for the project described
herein.
AgendaItem~
~_::J - q <M
151
Date
Pursuant to Subsection 18-2.K, 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 18-
2.1 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:
a. provide procedural due process
b. observe essential requirements of law, or
c. base its decision upon substantial, competent evidence.
Mr. Echemendia, on behalf of the West Bay Plaza Condominium Association, and Mr. Paul Phinney
and Ms. Margaret Pietsy, have indicated that the basis for the appeal is that the Design Review Board
departed from the essential requirements of the law and failed to support its decision with competent
and substantial evidence concerning concurrency and compatibility.
In order to reverse or remand a decision of the DRB, a 517th vote of the City Commission is
required.
CONCLUSION
The Administration recommends that the City Commission set a public hearing on April 15, 1998,
with a time certain, to review a decision ofthe Design Review Board (DRB), wherein it approved
the construction of a seven (7) level mixed use building, inclusive of eight (8) residential units,
office/studio units and retail space at 1403 Dade Boulevard (DRB File No. 9820).
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