HomeMy WebLinkAbout2006-26215 Reso
RESOLUTION NO. 2006-26215
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 SOUTHPOINTE HEIGHTS L.L.C. PERTAINING
TO ORB FILE NO. 18988.
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, Southpointe Heights, LLC is requesting an appeal of the Design
Review Board decision rendered on April 19, 2006, (ORB File No. 18988) pertaining to a
development project at 2-30 Ocean Drive and 1-35, 69 Collins Avenue, 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 12, 2006 to consider the review of a
Design Review Board decision in ORB File No. 18988, pertaining to a development project
at 2-30 Ocean Drive and 1-35, 69 Collins Avenue, as requested by Southpointe Heights,
LLC.
PASSED and ADOPTED this 7th day of June, 2006.
A~~ fM~
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM & LANGUAGE
& EXEC TION
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TORNEY ~ DA
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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 April 19, 2006, requested by Southpointe Heights LLC (DRB File
No. 18988)
Key Intended Outcome Supported:
I Not Applicable
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 12, 2006 to review a decision of the Design Review
Board pertaining to DRB File No. 18988, requested by Southpointe Heights LLC.
Item Summary/Recommendation:
The Administration recommends that Adopt the Resolution scheduling a Public Hearing on July 12, 2006.
Advisory Board Recommendation:
The Design Review Board approved the subject application on April 4, 2006.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
aSPI Total
Financial Impact Summary:
The proposed Resolution is not expected to have any fiscal impact.
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Tom Mooney
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City Manager
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MlAM' BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~.,--~
June 7, 2006 ()
TO:
DATE:
SUBJECT:
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 SOUTHPOINTE HEIGHTS L.L.C.
PERTAINING TO ORB FILE NO. 18988.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Pursuant to City Code Section 118-262, Southpointe Heights L.L.C. is requesting a review of
the Design Review Board decision rendered on April 19, 2006, pertaining to ORB File No.
18988, for approval of condominium-hotel complex at 2-30 Ocean Drive and 1-35,69 Collins
Avenue.
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
3) base its decision upon substantial, competent evidence.
In order to reverse or remand a decision of the ORB, a 5/ih vote of the City Commission
is required.
June 7, 2006
Commission Memorandum
Appeal of ORB File No. 18988
Page 2 of 2
CONCLUSION
The Administration recommends setting a public hearing on July 12, 2006 to review a
decision of the Design Review Board pertaining to ORB file No. 18988.
JMGITH/JGGITRM
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