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97-22617 RESO Incomplete After Action December 17, 1997 City of Miami Beach C7H Commission Memorandum No. 779-97 Request for the City Commission to Set a Public Hearing to Review a Design Review Board Decision Approving the Construction of a 135 unit, 26 story Condominium Building at 20 Venetian Way, Miami Beach. Administration Recommendation: Approve the Resolution. (Development, Design and Historic Preservation) ACTION: Clerk's Note: No Resolution was submitted. Public Hearing scheduled for January 21st at 11 :OOam. R Parcher to publish notice. C71 Commission Memorandum No. 780-97 A Resolution Approving the Issuance and Execution by the City Manager of an Order Tolling Deadline, a Copy of which is Attached Hereto and Incorporated Herein, which Gives the City an Extension of Time Within which To Review Proposed Changes in the Maximum Permitted Rate for Cable Television Service which have been Filed with the City by Rifkin Narragansett South Florida CATV Limited Partnership. Administration Recommendation: Approve the Resolution. (City Manager's Office) ACTION: Resolution No. 97-22618 adopted Ronnie Singer to handle. C7J Commission Memorandum No. 781-97 A Resolution Authorizing The Mayor and City Clerk to Execute a Professional Services Agreement with Joseph W. McManus for Professional Services to the Planning, Design and Historic Preservation Division on a Temporary Basis. Administration Recommendation: Approve the Resolution. (Development, Design and Historic Preservation) ACTION: Resolution No. 97-22619 adopted. Harry Mavrogenes to handle. C7K Commission Memorandum No. 782-97 A Resolution Requesting President Bill Clinton and the United States Congress to Declare November 25th as "Jorge Mas Canosa Day" and to Proclaim it as a Recurring National Holiday. Administration Recommendation: Approve the Resolution. (Requested by Mayor Neisen Kasdin) ACTION: Withdrawn by Mayor Kasdin. End of Consent Al:enda 5 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. ,,9-91 TO: Mayor Neisen Kasdin and Members of the City Commission DATE: December 17, 1997 FROM: Jose Garcia-Pedrosa ~ City Manager Request for the C Commission to Set a Public Hearing to Review a Design Review Board Decision Approving the Construction of a 135 unit, 26 story Condominium Building, at 20 Venetian Way, Miami Beach. SUBJECT: RECOMMENDATION The Administration recommends that the City Commission set a public hearing on January 21, 1998, with a time certain, to review a decision of the Design Review Board (DRB), wherein it approved the construction ofa 135 unit, 26 story condominium building at 20 Venetian Way (DRB File No. 9188). BACKGROUND On November 17, 1997, the Design Review Board (ORB) approved a request by Victor J. Labruzzo, to construct a 135 unit, 26 story (242'-8" to the top of the roof and 270'-10" to the highest architectural projection) condominium building. The staff report to the DRB for this project and the Final Order issued by the DRB are attached, hereto, for informational purposes. On November 26, 1997, Mr. John Shubin of the Law Firm of Shubin & Bass, 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. John Shubin, who is representing a person(s) owning property within 375 feet of the subject project, is seeking a review of the Final Order for the project described herein. 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.l_"hdollowi"" ~~~fS: Agend. rtem~ Date~'2-- II-Cfl 113 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: r f. a. provide procedural due process b. observe essential requirements of law, or c. base its decision upon substantial, competent evidence. Mr. Shubin, on behalf of his client is appealing the decision of the ORB on the basis that this body failed to support its decision on competent and substantial evidence. In order to reverse or remand a decision of the ORB, a 517th vote of the City Commission is required. CONCLUSION The Administration recommends that the City Commission set a time certain public hearing on January 21,1998, to review this decision of the Design Review Board (ORB), wherein it approved the construction ofa 135 unit, 26 story condominium building at 20 Venetian Way (ORB File No. 9188). IV, tBiVFer b6 JGP:iThM:bYG:TRM F:\PLAN\SALL\CC_MEMO~HR-9188.WPD 2 114 , . LAW OFFICES SHUBIN & BASS PROfESSIONAL ASSOCIATION Via Facsimila Transmission And Hand-Delivery November 26, 1997 i ~ 5'ft./t:' lH~jt 71- //7.6 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 - November 17, 1997, 20 V..net:ian W'lY - Belle Isle 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 November 17, 1997. Please find enclosed address labels generated by a firm which has been approved by the City. Please further find enclosed check #665 in the amount of One Thousand Five Hundred Forty-Five Dollars and Ten Cents ($1546.10) which sum comprises the appeal fee. Please note that this fee is paid under protest because it unconstitutionally impedes a citizen's right to petition local government for the redress of its grievances. The fee is outrageously high and bears no relation to the cost for processing the appeal. 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, ".:::::::,.,~~..t ':'"::-.... 9 )-.... John K. Shubin, Esq. For the Firm IIIAIlI TAMPA 46 S.W. 151 Street. 3Id Floor. Miami, _ 33130 7f17 _ A-. T-. _ 33602 Ph: 305'381'tlO6Q FIC 305'38109457 11 !9': 813022304785 FIC 813'223'4787 '.. DESIGN REVIEW BOARD City of Miami Beach, Florida MEETING DATE: November 17, 1997 IN RE: The Application for Design Review Approval for the construction of a 135 unit, 26 story (242' -8" to the top of the roof and 270' -10" to the highest architectural projection) condominium building. PROPERTY: 20 Venetian Way FILE NO: 9188 o R D E R The applicant, Victor J. Labruzzo, filed an application with the Ci ty of Miami Beach's planning, Design & Historic Preservation Division for Design Review approval. The City of Miami Beach's Design Review Board makes the following FINDINGS OF FACT: 1. Based on the plans and documents submitted 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, 6, 10, 11, 12, 13 & 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 elevation drawings shall approved by staff; at a minimum, incorporate the following: be submitted to and said drawings shall a. The exterior of south side of uniform scoring by staff. the center stairwell section on the the tower shall consist one (1) pattern, in a manner to be approved b. The exterior of the proposed parking pedestal shall be refined in order to provide more solidity and 116 )(V visual interest, and form a stronger connection to the base of the tower, in a manner to be approved by staff. c. The connection of the bottom of the tower portion of the project to the east and west sides of the base shall be evaluated and strengthened, in a manner to be approved by staff. d. The design of the canopies on the proposed parking garage shall be subject to the review and approval of 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. b. All landscape areas which abut driveways shall be . defined by continuous concrete curb. c. 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. d. The submitted plant palette shall incorporate greater diversity, quantities and visual interest, particularly on the north, south and west sides of the property. Larger plant material shall be required on the north side of the property and in front of the facades of the proposed parking pedestal. e. The Sabal Palms along the south property line shall be replaced with Green Buttonwood, in order to buffer the south facade and upper edge of the parking facility. 2 S[rs' 117 f. The edge of a line of trees. the City sidewalk shall be planted with six (6), 12'-14' (overall), Mahogany 3. All building signage shall composed of flush mounted, letters and shall require a be consistent in type, be non-illuminated individual separate permit. 4. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 5. Final building plans shall meet the concurrency requirements of Section 22 of the Zoning Ordinance and shall meet all other Zoning Ordinance requirements. This may entail a written agreement as to the exact timeframes for any mitigation plan related to roadway concurrency issues. 6. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required, prior to the issuance of a building permit. 7. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly noted on a revised roo~ plan and shall be screened from view, in a manner to be approved by staff. 8. The 30' ingress/egress easement on the west side of the property shall be landscaped and improved as a public space and view corridor, subj ect to the review and approval of the City. 9. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 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 Design Review approval is granted for the above- referenced project conditioned upon the following, to which the applicant has agreed: 3 ~tv 118 1. Revised elevation drawings shall approved by staff; at a minimum, incorporate the following: be submitted to and said drawings shall a. The exterior of south side of uniform scoring by staff. the center stairwell section on the the tower shall consist one (1) pattern, in a manner to be approved b. The exterior of the proposed parking pedestal shall be refined in order to provide more solidity and visual interest, and form a stronger connection to the base of the tower, in a manner to be approved by staff. c. The connection of the bottom of the tower portion of the project to the east and west sides of the base shall be evaluated and strengthened, in a manner to be approved by staff. d. The design of the canopies on the proposed parking garage shall be subject to the review and approval of 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. b. All landscape areas which abut driveways shall be defined by continuous concrete curb. c. 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. d. The submitted plant palette shall incorporate 4 srv 119 greater diversity, quantities and visual interest, particularly on the property. required on the front of the pedestal. the north, south and west sides of Larger plant material shall be north side of the property and in facades of the proposed parking " e. The Sabal Palms along the south property line shall be replaced with Green Buttonwood, in order to buffer the south facade and upper edge of the parking facility. f. The edge of a line of trees. the City six (6), sidewalk shall be planted with 12' -14' (overall), Mahogany 3. All building signage shall composed of flush mounted, letters and shall require a be consistent in type, be non-illuminated individual separate permit. 4. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 5. Final building plans shall meet the concurrency requ~rements of Section 22 of the Zoning Ordinance and shall meet all other Zoning Ordinance requirements. This may entail a written agreement as to the exact timeframes for any mitigation plan related to roadway concurrency issues. 6. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required, prior to the issuance of a building permit. 7. 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. 8. The 30' ingress/egress easement on the west side of the property shall be landscaped and improved as a public space and view corridor, subj ect to the review and 5 ~K{;/ 120 , . approval of the City. 9. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). 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 requestina a buildina permit. three (3) sets of plans aD~roved by the Board. modified in accordance with the above conditions. as well as annotated floor Dlans which clearly delineate the Floor Area Ratio (FAR) calculations for the Dro;ect... shall be submitted to the Plannina. Design 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 .;ALJ day of ~ , 1997. DESIGN REVIEW BOARD City of Miami Beach, Florida By: .(~,t~Jgdvt' Chairperson Approved as to Form: ~ \ I ~ Office of the (Initials/Date) F:\PLAN\$DRB\DRB97\NOVDRB97\9188.FO City Attorney 6 121 . , '~ CITY OF MIAMI BEACH PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION - - - DESIGN REVIEW BOARD STAFF REPORT DESIGN REVIEW BOARD DEAN J. GRANDIN, Jr.. DEPUTY DIRECTO~ DEVELOPMENT, DESIGN &. HISTORIC PRESERVATION SERVICES NOVEMBER 4, 1997 MEETING DESIGN REVIEW FILE NO. 9188 20 Venetian Way. Venetilln Tower TO: FROM: DATE: RE: The applicant, Victor J. Labruzzo" is .requesting ,Design Review approval for the construction of a 135 unit, 26 story (242'.8" to the top of the roof and 270'-10. to the highest architectural projection) condominium building. HISTORY: The applicant came before the Board on September 2, 1997, and the matter was continued to a date certain of October 7, 1997, in order to address the concerns expressed by Board Members relative to the orientation of the proposed tower. On October 7, 1997, the Board continued the matter to a date certain of November 4, 1997. SITE DATA: Zoning - Future Land Use Designation- Lot Size. Existing FAR. Proposed FAR - Existing Height - proposed Height- Existing Use/Condition - Proposed Use - RM-2 (Multiple Family, Medium Intensity) RM-2 (Multiple Family, Medium Intensity) 75,707 S.F. N/A (Vacant Lot) 208,192 S.F./2.75 (Max FAR = 2.751, as represented by the applicant N/A (Vacant LotI 242'-8" / 26 stories (270'-10" to highest non- habitable projection) Vacant Lot 135 unit condominium with 201 parking spaces 122 THE PROJECT: The applicant is proposing to construct a 26 story, hi-rise condominium structure on the south side of Belle Island; access to the site will be from Island Avenue on the west side of the property and the tower portion of the project is proposed to be sited towards the middle of the property, parallel to the Venetian Causeway. The elevations of the proposed structure consist of a regimented array of smooth stucco and sliding glass doors, with angular projecting balconies; a two-level parking pedestal. with a roof-top pool deck and tennis courts, will be located on the south side of the property. COMPLIANCE WITH ZONING CODE: The application, as proposed, appears to meet the requirements of the City Zoning Code; this shall be subject to final verification and determination with regard to the location of front, side and rear yards on this irregularly shaped parcel. TRAFFIC IMPACT ANALYSIS: A level three (3) traffic impact analysis has been submitted by the applicant; said analysis is being reviewed by staff to determine the impact of the proposed project on the traffic service levels of the site and immediate area. 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: , . 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. . Satisfied 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. 2 123 5. 6. 7. 8. 9. 10. . Not Satisfied: s.. Condition #1, #2. #4 and Staff AnaJv-ls Paint .ample. have not been .ubmltted: the propo.ed landscape plan I. underdeveloped In terms of quantity. Intere.t and diversity: the exterior design of the parking pedestal detracts from the appearance of the project as a whole. 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 The proposed Structure indicates a sensitivity to and is compatible with the environment and adjacent Structure., and 'enhlli'lces'..ppearance of the surrounding properties. . Not Sa1lsfled; ... CondItIon #1 and St8ff AnalysIs The design of the perking pedestal pot1fon of the project has not been properly Integrated Into the base of the tow.... '.+ '. The design end layout of Buildings shan 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 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 Ughting 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 Landscape and paving materials shall be reviewed to ensure an adequate relationship with and enhancement of the overall Site Plan design. - Not Satisfied: see Condition #2 and Staff Analysis The proposed landscape plan is underdeveloped in terms of quantity. interest and diversity. 3 124 11. 12. 13. 14. 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. - Not Satisfied; see Condition #2 and Staff Analysis The proposed landscape plan is underdeveloped In terms of quantity. interest and diversity. 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. - Not Satisfled; see condition #5 Concurrency Eveluation Required. . Garbage disposal shall be reviewed to ensure freedom from vermin and rodent infestation. All disposal systems snail meet municipal specifications as to installation and construction. . Not Satiafied; see concfltlon #5 Concurrency Eveluation Required. 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 #5 Concurrency Evaluation Required. 1 5. 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 what staff considers to be a handsome and well designed hi-rise residential structure. which is in keeping with the as-built character of the south side of Belle Island. In this regard. the subject tower has been sited away from the Venetian Causeway, thus preserving the vista of the water and lessening the impact of the tower on the roadway which serves as one of the gateways to the City. Furthermore, the elevations and massing of the subject structure are simple. crisp and clean and when combined with an enhanced landscape plan. should elegantly accent the site. The only concern of staff with regard to the elevations pertain to the exterior design of the parking pedestal on the south side of the project. Although the applicant has made significant progress in terms of the design and appearance of the parking 4 125 .' pedestal, it is suggested that more visual interest and a better connection to the base of the tower are still necessary. Finally, the submitted landscape plan is in need of minor refinement in order to strengthen and better diversify the plant palette on the north. south and west sides of the property. These matters should be able to be addressed at the administrative level. as indicated in the recommendation. AECOMMENDAnON: In view of the foregoing analysis, staff recommends the application be approved, subject to the following conditions, which address the inconsistencies with the aforementioned Design Review criteria: 1 . Revised elevation drawings shall be submitted to and approved by staff; at a minimum, said drawings shall incorporate the following: a. The exterior of the center stairwell section on the south side of the tower shall consist one (1) unifOrm scoring pattern, in a manner to be approved by staff. b.The exterior of the proposed parking pedestal shall be refined in order to provide more solicfrty and visual interest, and form a stronger connection to the base of the tower, in a manner to be approved by staff. c. The connection of the bottom of the tower portion of the project to the east'and west sides of the base shall be evaluated and strengthened, 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. b. All landscape areas which abut driveways shall be defined by continuous concrete curb. c. 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. 5 126 .' d. The submitted plant palette shall incorporate greater diversity, quantities and visual interest, particularly on the north, south and west sides of the property . e. The Sabal Palms along the south property line shall be replaced with Green Buttonwood, in order to buffer the south facade and upper edge of the parking facility. f. The edge of the City sidewalk shall be planted with a line of six (6),12'- 14' (overall), Mahogany trees. 3. All building sign age shall be consistent in type, be composed of flush mounted, non-illuminated individual letters and shall require a separate permit. 4. The final exterior surface color scheme, including color samples, shall be subject to the review and approval of staff and shall require a separate permit. 5. Final building plans shall meet the concurrency requirements of Section 22 of the Zoning Ordinance and shall meet all other Zoning Ordinance requirements. 6. Manufacturers drawings and Dade County product approval numbers for all new windows, doors and glass shall be required, mi2t to the issuance of a building permit. 7. All roof-top fixtures, air-conditioning units and mechanical devices shall be clearly not~d on a revised roof plan and shall be screened from view, in a manner to be approved by staff. 8. The 30' ingress/egress easement on the west side of the property shall be landscaped and improved as a public space and view corridor, subject to the review and approval of the City. 9. All new and altered elements, spaces and areas shall meet the requirements of the Florida Accessibility Code (FAC). DJG:TRM F:\PLAN\$DRB\DRB97\NOVORB97\9188.NOV 6 127