2007-26688 ResoRESOLUTION NO. 2007-266ss
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 THE APPLICANT PERTAINING TO DRB FILE
NO. 20427 FOR THE SCOTT RAKOW YOUTH CENTER
LOCATED AT 2700 SHERIDAN AVENUE.
WHEREAS, a process for review by the Mayor and City Commission of decisions
rendered by the Design Review Board when requested by an Applicant, the Administration,
or any affected person has been established under Section 118-262 of the Miami Beach
City Code; and
WHEREAS, the Applicant has requested an appeal of the Design Review Board
decision rendered on October 2, 2007, (DRB File No. 20427) pertaining to "Revision to
Previously Approved Plans" for the Scott Rakow Youth Center at 2700 Sheridan 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 authorize the setting of a public hearing on December 12, 2007 to
consider the review of a Design Review Board decision in DRB File No. 20427, pertaining
to "Revision to Previously Approved Plans" for the Scott Rakow Youth Center at 2700
Sheridan Avenue, as requested by the Applicant.
PASSED and ADOPTED this 17th day o
A ST:
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CITY CLERK
Robert Parcher
APPROVED AS TO
F M & LANG~GE
F EXECUTYON
ATT NEY A E
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T:\AGENDA\2007\oct1707\ConsentlAppeal DRB File No. 20427 Set PH RESO.doc
David Dermer
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 October 2, 2007, requested by the Applicant (Scott Rakow Youth
Center, DRB File No. 20427).
Ke Intended Outcome Su orted:
Not Applicable
Issue:
Pursuant to Miami Beach City Code Section 118-262, the applicant (the City Administration on behalf of
the Office of Capital Improvement Projects) is requesting that the Mayor and City Commission schedule a
Public Hearing on December 12, 2007 to review a decision of the Design Review Board pertaining to DRB
File No. 20427.
Item 5ummaryihcecommenaation:
The Administration recommends that the City Commission adopt the Resolution scheduling a Public
Hearing on December 12, 2007.
advisory Board Recommendation:
The Design Review Board denied the subject application on October 2, 2007.
Financial Information:
Source of Amount Account Approved
Funds:
2
3
4
OBPI 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
Sign-Offs:
~ Department 4irector ~ Assistant City Manageir ~ City Manager ~
~~ ~ ~~ ~ AGENDA ITEM G7W
DATE 0-/ -vim
m MIAMIBEACH
City of Miami Beath, 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: October 17, 2007
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 THE APPLICANT PERTAINING TO DRB
FILE NO. 20427 FOR THE SCOTT RAKOW YOUTH CENTER LOCATED AT
2700 SHERIDAN AVENUE.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANALYSIS
Pursuant to City Code Section 118-262, the applicant (the City Administration on behalf of
the Office of Capital Improvement Projects) is requesting a review of the Design Review
Board decision rendered on October 2, 2007 (DRB File No. 20427) pertaining to `Revision to
Previously Approved Plans' for the Scott Rakow Youth Center located at 2700 Sheridan
Avenue. The revisions rejected by the DRB were the product of a long collaborative process
that resulted in a consensus design for the proposed playground. While it is unusual for the
City to appeal an order of the DRB, it is out of respect of this process that the applicant
requests the review by the City Commission of the DRB decision. This action is no way
intended to create a precedent or some other expectation for future similar action.
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;
October 17, 2007
Commission Memorandum
Appeal of DRB File No. 20427
Page 2 of 2
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.
CONCLUSION
The Administration recommends setting a public hearing on December 12, 2007 to review a
decision of the Design Review Board pertaining to DRB file No. 20427.
JMG/TH/J
T:IAGENDA120071oct17071ConsentlAppeal DRB File No. 20427 Set PH.doc
m MIAMBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
OFFICE OF THE CITY MANAGER
Tel: 305-673-7010 Fax: 305-673-7782
TO: City Clerk
FROM: Timothy Hemstreet, Assistant City Manager
DATE: October 12, 2007
SUBJECT: DRB File No. 20427
2700 Sheridan Avenue -Scott Rakow Youth Center
On October 2, 2007, the City of Miami Beach Design Review Board (DRB) considered an
application, filed by the City of Miami Beach Capital Improvements Project Department (CIP), for
a revision to a previously issued Design Review approval for the Scott Rakow Youth Center.
Specifically, the request was to modify the shape and location of the previously approved
outdoor play area. The DRB denied the subject request (See attached Final Order).
Pursuant to Section 118-262 of the City Code, on behalf of the applicant, the City of Miami
Beach CIP Department, I am hereby seeking a review by the City Commission of the October 2,
2007 Order of the Design Review Board, pertaining to DRB File No. 20724.
The basis for the requested review is that the DRB did not make its decision based on
substantial competent evidence, nor did the DRB observe the essential requirements of law in
their decision making process. I would request that this review be placed upon the next
available City Commission agenda.
TH:JGG:TRM
F:\PLAN\$ALL\CM_RESP\TH-Rakow Appeal.doc
Attachment
c: J. Gomez
G. Held
We are committed to providing excellem public service and solely to all who live, work, and play in our vibrant, tropical, historic communiy.
DESIGN REVIEW BOARD
City of Miami Beach, Florida
MEETING DATE: October 2, 2007
FILE NO: 20427
PROPERTY: 2700 Sheridan Avenue
iN RE: The Application for Design Review Approval for revisions to a previously
issued Design Review approval for the partial renovation of the existing
structure, including the construction of a new single story entrance addition and
new single story golf starter structure, new parking lot, and new outdoor play
area. Specifically, the applicant is requesting to modify the shape and location
of the previously approved outdoor play area.
ORDER
The applicant, the City of Miami Beach, filed an application with the City of Miami Beach Planning
Department for a revision to a previously issued Design Review Approval.
The City of Miami Beach Design Review Board makes the following FINDINGS OF FACT, based
upon the evidence, information, testimony and materials presented at the public hearing and which
are part of the record for this matter:
A. The original application was approved by the Design Review Board on September 4, 2007.
Such approval was conditioned upon the site plan for the project being consisten# with sheet
LD-11 of 7 {dated June 11, 2007), which replaces the 'rectangular' green space with an'L'
configuration.
B. An application was filed by the City of Miami Beach to amend the September 4, 2007 Final
Order and allow fora `rectangular' green space instead of the 'L' shaped greenspace.
C. A motion was made to approve the request of the City. Such motioned failed.
IT IS HEREBY ORDERED, based upon the foregoing findings of fact, the evidence, information,
testimony and materials presented at the public hearing, which are part of the record for this matter,
and the staff report and analysis, which are adopted herein, that the Application for Design Review
approval is DENIED for the above-referenced request.
~u
. Page 2 of 2
Meeting Date: October 2, 2007
DRB File No. 20427
of ~ b~ ~~ , 20
Dated this day ~~
DESIGN REVIEW BOARD
THE C OF MIAMI B ACH, F ORIDA
BY:
THOMAS R. MOO EY, AI P
DESIGN AND PRESERVATION M NAGER
FOR THE CHAIR
Approved As To Form:
Legal Department: ~.~_ ( ~n ~~07 )
Filed with the Clerk of the Design Review Board on ~~~ - ((,Q - 1"07)
F:IPLANI$DRBIDR607\OctDRB07120427-i DENIED.fo.doC
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