HomeMy WebLinkAbout2006-26237 ResoRESOLUTION NO. 2006-26237
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AFFIRMING A DESIGN REVIEW
BOARD DECISION PERTAINING TO DRB FILE NO. 19072, LOCATED
AT 6000 INDIAN CREEK DRIVE, AND REMANDING TO THE DESIGN
REVIEW BOARD WITH THE TIME PERIOD FOR COMPLIANCE TO
BE AT THE COMPLETION OF HURRICANE SEASON PLUS NINETY
DAYS.
WHEREAS, the subject application for Design Review Board approval of a project at
6000 Indian Creek Drive consisted of an appeal of an administrative decision and a request for
Design Review Approval for a color scheme for the building; and
WHEREAS, on April 4, 2006, the Design Review Board approved the project, but
required that the subject building be painted a lighter field color within 90 days, and prior to the
issuance of a Final Certificate of Occupancy (CO); and
WHEREAS, pursuant to City Code Section 118-262, the applicant timely filed an appeal
of the Design Review Board decision of April 4, 2006; and
WHEREAS, such Code section 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; and
WHEREAS, pursuant to Section 118-262, 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) provides: 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; and
WHEREAS, in order to reverse or remand a decision of the Design Review Board, a
5/7th vote of the City Commission is required; and
WHEREAS, 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; and
WHEREAS, on June 7, 2006, the City Commission set the hearing for this appeal to be
held on July 12, 2006, and the City Clerk was directed and did notice such hearing; and
WHEREAS, on July 12, 2006 the City Commission heard the parties, and pursuant to
the argument given, the written materials submitted, and having been duly advised in the
premises determined that the decision of the Design Review Board on April 4, 2006 did not
result in, respectively, 1) a denial of due process, 2) a departure from the essential requirements
of law, nor 3) a decision that was not based upon substantial, competent evidence; and
WHEREAS, on July 12, 2006 a motion was made by the City Commission to affirm the
decision of the Design Review Board dealing with the color, and remand to the Design Review
Board with the time period for compliance within which the building must be repainted to be at
the completion of hurricane season plus ninety days; and
WHEREAS, the motion to affirm the decision of the Design Review Board was made
and seconded, and approved by a vote of 5-1.
NOW THEREFORE BE IT RESOLVED THAT the Mayor and City Commission
hereby affirm the decision of the Design Review Board in file No. 19072 in part dealing with the
color and remand to the Design Review Board with the time period for compliance within which
the building must be repainted to be at the completion of hurricane season plus ninety days.
PASSED AND ADOPTED, this 12th day of July, 2006.
TTEST:
obert Parcher, City Clerk Matti Herrera Bower
Vice-Mayor
APPROVED AS TO FORM
& L UAGE FOjR EXECUTION
-C ATT EY DATE
F:\atto\HELG\Resolutions\DRB File No 19072- RESO JUL 6000 Indian Creek Dr.doc
2
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: July 12, 2006 +~" (XJ
suBJECT: A REQUEST BY 6000 INDIAN CREEK L.L.C TO REVIEW A DESIGN REVIEW
BOARD DECISION PERTAINING TO DRB FILE NO. 19072.
ADMINISTRATION RECOMMENDATION
Affirm the decision of the Design Review Board.
ANALYSIS
Pursuant to City Code Section 118-262, 6000 Indian Creek L.L.C. is requesting a review of
the Design Review Board decision rendered on April 19, 2006, pertaining to DRB File No.
19072, for approval of the exterior surface color of an existing residential structure at 6000
Indian Creek Drive.
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 DRB, a 5/7th vote of the City Commission
is required.
On July 14, 1998, the applicant received Design Review Approval to construct amulti-level
condominium with subterranean parking (DRB File No. 10386). Condition No. 4 of the Final
Order for the project states the following: Agenda Item ~q~
Date 7-/2 --U:6
July 12, 2006
Commission Memorandum
Appeal of DRB File No. 19072
Page 2 of 2
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.
The above noted condition is crystal clear and unambiguous. Additionally, the applicant did
appeal the order subsequent to the approval of the project.
During the course of construction, and without the review and approval of staff or a separate
permit, as required by the Final Order for the project, the applicant painted the subject
building a uniform teal color, which is not consistent with the depth and intensity of the City's
color chart. Staff denied the applicant's request for an after-the-fact approval of the color,
and the applicant appealed such denial to the Design Review Board. On April 4, 2006, the
Design Review Board considered the application for the proposed color and denied the
applicant's request to maintain the subject color (see attached pictures of the building, which
are part of the record for the application).
A review of the transcripts for the Design Review Board hearing on this matter indicates that
the DRB observed the essential requirements of law, made its determinations based on
substantial and competent evidence, and afforded all parties involved due process.
The DRB's review of the proposed color scheme for the building 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 new or existing structure and physical attributes of the project in relation
to the site, adjacent structures and surrounding community.
In addition to the exhibits submitted by the project applicant, the Board had before it the
recommendation presented by its professional staff in the form of a comprehensive staff
report, as well as the expert testimony of the applicants, who are both architects. Planning
Department staff recommended that the proposed teal color not be approved as it failed to
satisfy the relevant Design Review Criteria, and that the applicant provide a number of
alternate color schemes for the Board's consideration.
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 exterior color scheme for the subject building did not meet the Criteria for
Design Review Approval and denied the request for an after-the-fact approval of the
proposed exterior color. Further, the Board required that the subject building be painted a
lighter field color within 90 days, and prior to the issuance of a Final Certificate of Occupancy
(CO).
CONCLUSION
The Administration recommends that the Mayor and City Commission affirm the decision of
the Design Review Board (DRB) pertaining to DRB File No. 18871 (6000 Indian Creek
Drive), wherein it required that the subject building be painted a lighter field color within 90
days, and prior to the issuance of a Final Certificate of Occupancy (CO).
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•~a ~ MIAMIBEACH
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 City
o Commission of the City of Miami Beach, in the Commission Chambers,
3rd floor, City Hall 1700 Convention Center Drive M' B h
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Florida, on Wednesday, July 12, 2006 at 11:15 a.m., Pursuant To
Miami Beach City Code Section 118-262, To Review A Design Review
Board Decision Requested By 6000 Indian Creek L.L.C. Pertaining To
[3R6 File No. 19072.
INQUIRIES may be directed to the Planning Department at
(305) 673-7550.
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, 1st Floor, City Hall, Miami Beach, Florida 33139. This meeting
may be opened and 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 that: 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 format, sign language interpreters,
information on access for persons with disabilities, and/or any
accommodation to review any document or participate 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 #376)