2008-26742 ResoRESOLUTION N0.2008- 26742
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, REVERSING A DESIGN REVIEW
BOARD DECISION PERTAINING TO DRB FILE NO. 20427, FOR
REVISIONS TO PREVIOUSLY APPROVED PLANS FOR THE SCOTT
RAKOW YOUTH CENTER AT 2700 SHERIDAN AVENUE, AND
APPROVING THE MODIFICATIONS OF THE SHAPE OF THE PLAY
AREA TO A RECTANGULAR FORM.
WHEREAS, on September 4, 2007, the Design Review Board (DRB) considered a
request filed by the Capital Improvements Projects Office (CIP) to renovate the existing Scott
Rakow facility, inclusive of a new rectangular fenced play area to the south and west of the
existing youth center structure. The DRB approved the project, but required that the proposed
play area be reconfigured in a more compact `L' shape adjacent to the building; and
WHEREAS, the reconfiguration of the play area proposed by the DRB was inconsistent
with the desires and expectations of the surrounding neighborhood and was contrary to
recommendations of Planning Department Staff, the CIP Office and the Administration; and
WHEREAS, On October 2, 2007, the DRB considered a request of the CIP Office, as the
applicant, to modify the September 4, 2007 Order to allow the shape of the play area to be the
rectangular form proposed initially, adjacent to the parking lot. The DRB denied the request of
the CIP Office to change the playfield area; and
WHEREAS, pursuant to City Code Section 118-262, the applicant timely filed an appeal
to the City Commission of the Design Review Board decision of October 2, 2007; 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
5/7t" 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 October 17, 2007, the City Commission set the hearing for this appeal to
be held on December 12, 2007, and the City Clerk was directed and did notice such hearing, but
the Commission continued that hearing until January 16, 2008; and
WHEREAS, on January 16, 2008 the City Commission heard the testimony of the
Administration on behalf of the appellant 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 October 2, 2007 was not based upon substantial, competent
evidence; and
WHEREAS, on January 16, 2008 City Commission considered and adopted a motion to
grant the appeal and reverse the decision of the Design Review Board dealing with the shape of
the play area and approve the rectangular form play area proposed by the CIP Office; and
WHEREAS, the motion to grant the appeal and reverse the decision of the Design
Review Board was made and seconded, and approved by a vote of 7-0.
NOW THEREFORE BE IT RESOLVED THAT the Mayor and City Commission
hereby grant the appeal and reverse the decision of the Design Review Board in file No. 20427
pertaining to "Revisions to Previously Approved Plans" for the Scott Rakow Youth Center at
2700 Sheridan Avenue, and approve the modifications of the shape of the play area to a
rectangular form, as requested by the Applicant.
PASSED AND ADOPTED, this 16th day of January, 2008.
A TEST:
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Robert Parcher, City Clerk
Ma i H. Bower, ayor
APPROVED AS TO FORM
& NGUA~& FOR EXECUTION
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TORNEY DATE
T:\AGENDA\2008\January l6\Regular\Appeal DRB File No. 20427- GRANTING RESO jan.doc
2
COMMISSION ITEM SUMMARY
Condensed Title:
At the City request, review a Design Review Board decision rendered on October 2, 2007, relative to a
play field at the Scott Rakow Youth Center.
Key Intended Outcome Supported:
Increase satisfaction with recreational programs
Supporting Data (Surveys, Environmental Scan, etc.): More recreational opportunities is ranked by
residents as one of the changes that will make Miami Beach a better place to live, work, play, or visit;
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 review a
decision of the Design Review Board pertaining to DRB File No. 20427.
Item Summary/Recommendation:
The Administration recommends that the City Commission adopt a Resolution granting the appeal and
reversing the decision of the DRB.
Advisory Board Recommendation:
The Design Review Board denied the subject application on October 2, 2007.
Financial Information:
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Tom Mooney
Sign-Offs:
Department Director Assistant City Manager City Manager
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T:WGENDA\2008\January 16\RegularWppeal DRB File No. 20427- SUM jan.doc
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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, w~ww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 16, 2008
SUBJECT: A HEARING TO CONSIDER AN APPEAL OF A DESIGN REVIEW BOARD
DECISION PERTAINING TO DRB FILE NO. 20427, LOCATED AT 2700
SHERIDAN AVENUE, THE SCOTT RAKOW YOUTH CENTER.
ADMINISTRATION RECOMMENDATION
Grant the Appeal.
BACKGROUND
On September 4, 2007, the Design Review Board (DRB) considered a request filed by the
Capital Improvements Projects Office (CIP) to partially renovate the interior of the existing
Scott Rakow facility, along with several modifications to the exterior site plan and building
elevations, including the expansion of the existing main entrance fronting Sheridan Avenue
and the re-landscaping and expansion of the existing parking lot. Anew fenced play area
was also proposed to the south and west of the existing youth center structure.
The Board approved the project, but required that the proposed play area be re-configured
in a more compact `L' shape adjacent to the building. The majority of the DRB felt that this
reconfiguration would be more suitable from a safety standpoint, as it would allow
unimpeded visiblity from park staff at all times. However, this reconfiguration of the play
area was inconsistent with the desires and expectations of the surrounding neighborhood
and was not recommended by Planning Department Staff, the CIP Office or the
Administration.
On October 2, 2007, the DRB considered the request of the CIP Office, as the applicant, to
allow the shape of the play area to be modified to the rectangular form proposed initially
adjacent to the parking lot. The City's intention in seeking this modification from the DRB
was based upon a compromise reached between the City and the neighborhood that
supported the play area south and west of the existing youth center structure. At the October
2, 2007, DRB meeting this compromise disolved when an attorney representing the
Bayshore Homeowners' Association stated objections to the previously agreed upon
compromise. The DRB denied the Administration's request to change the playfield area to
be consistant with the compromise reached. Subsequent to the DRB meeting the Bayshore
HOA has filed, but not yet served, a lawsuit which more clearly supports the lack of a
compromise or concensus.
January 16, 2008
Commission Memorandum
Appeal of DRB File No. 20427
Page 2 of 4
On October 12, 2007, the applicant (the City Administration on behalf of the Capital
Improvement Projects Office), filed a request pursuant to Section 118-262 of the City Code,
for the City Commission to review the Design Review Board decision rendered on October 2,
2007, pertaining to the request for `Revisions to Previously Approved Plans' to modify the
shape and location of the previously approved outdoor play area for the Scott Rakow Youth
Center. On October 17, 2007 the City Commission set a date certain of December 12, 2007
for a public hearing to review the DRB decision.
ANALYSIS
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. 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.
A review of the transcripts for the Design Review Board hearing on this matter indicates that
the DRB did not observe the essential requirements of law and did not make its
determinations based on substantial and competent evidence.
First, no expert testimony was presented to the Board supporting a supervision or security
concern. The recommendations in the report prepared by the Professional Staff to the Board,
as well as the testimony of the City Administration in support of the request, and unrebutted,
were ignored. Professional Staff Reports constitute substantial competent evidence and the
evaluation, analysis and recommendation in the report, and testimony, were not given
adequate considerations.
Second, the rationale for denying the request to amend the Final Order and allow for a
different configuration of the children's play area was not based upon the Design Review
Criteria in the Code, nor was any tangible rationale provided by the Board. The decision of
the DRB was arbitrary and capricious, and based upon the individual preferences of certain
Board members.
The revisions rejected by the DRB were the product of a collaborative process with the
neighborhood and various advisory boards that resulted in a consensus design for the
proposed playground. Even though a different playfield size and configuration would better
serve the users it is out of respect of the collaborative process, even though the consensus
has fallen apart, that the applicant requests the review by the City Commission of the DRB
January 16, 2008
Commission Memorandum
Appeal of DRB File No. 20427
Page 3 of 4
decision. This action is noway intended to create a precedent or some other expectation for
future similar action.
The impact of the collaborative process play field design on the youth utilizing the Scott
Rakow Youth Center was to rather significantly reduce the ability to use the area. The
recommended/compromise solution created a play area rather irregular in nature for use for
outdoor activities. The recommended space is 80' by 373', which is extremely long and
narrow as opposed to that space that is currently in use for outdoor play activities. The area
currently utilized by the children attending the Scott Rakow Youth Center is approximately
100' X 220'. The current area is not fenced so that there are no real boundaries to the area
and the children's use will occasionally spill over as need be to accommodate the specific
activity. The more regular shape of the current area is also preferred as it lends itself better
to desired play activities such as soccer, kickball and flag football. For purposes of
illustration, a regulation sized youth soccer field for ages U - 14 is 180' X 300'.
Of the two options considered by the DRB, the one option, which is more" L" shaped, that
the DRB actually approved is more user friendly to out door activities than the long narrow
rectangular option that is being presented to the City Commission. Even though the "L"
shaped option is by observation irregular in shape, the two legs that form the "L" allow for
easier use for children's activities. This "L" shaped option was not preferred by the
neighborhood.
If the play area design had not been impacted by a collaborative process intended to
achieve consensus support, it would have taken on a much different location and size.
However, changing the play area design from one of the two options considered by the DRB
would require remanding it back to the DRB for their action, which is not being suggested.
Again, out of respect for the collaborative process and to maintain the commitment offered
by the City, the City would agree and make every effort to make the proposed layout of
approximately 80' X 370' function and meet the needs of the children playing at the youth
center. It is important to note that the neighborhood views the play size as 71' X 373'. As
there is apparently no compromise on the play field, that view may be a moot point. The
Administration believes that the 71' width is wholly inadequate and that the 80' width is only
incrementally larger and still meets the intent of the compromise size and location of the play
area.
One suggestion that the Administration would offer and operationally implement is to reduce
the amount of perimeter fencing to only have it placed to separate the play field from the
parking area. Reducing the amount of fencing would serve two purposes. Less fencing
would reduce the amount of visual intrusion in the green space and as is now the practice,
would also allow some informal flexibility for activities to spill over to accommodate activities.
In this manner the Scott Rakow staff would able to better use the long rectangular
designated area. As there is no intention of anything but grass in either a play field or golf
course use, no adverse impact would result.
CONCLUSION
The Administration recommends that the Mayor and City Commission adopt a Resolution
reversing the decision of the Design Review Board (DRB) pertaining to DRB File No. 20427
(2700 Sheridan Avenue), and approving the requested revision to the Approved Plans. This
action would designate an 80' X 373' play area at the Scott Rakow Youth Center.
January 16, 2008
Commission Memorandum
Appeal of DRB File No. 20427
Page 4 of 4
A specific resolution which reflects the final direction of the City Commission to either grant
the appeal, deny the appeal or remand the matter to the DRB together with any findings or
conclusions of the City Commission discussion will be prepared by the CityAttorney's Office
subsequent to the City Commission vote.
JMG/TH/JGG/trm
T:IAGENDA120081January 161RegularlAppeal DRB File No. 20427 MEMOjan.doc