96-22100 RESO
RESOLUTION NO.
96-22100
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A
PUBLIC HEARING TO CONSIDER THE APPROVAL OF
TRANSFER OF DEVELOPMENT RIGHTS (TDR) FROM THE
PROPERTY KNOWN AS SSDI NORTH TO 404 WASHINGTON
AVENUE PURSUANT TO SECTION 6-29.D OF THE
ZONING ORDINANCE.
WHEREAS, on November 7, 1996, the Portofino Entities
("Portofino"), the City of Miami Beach, and the Redevelopment
Agency entered into a Development Agreement which provided for the
transfer of floor area from Portofino's SSDI North site to its 404
Washington Avenue site to allow the latter parcel to comply with
all applicable City Floor Area Ratio (FAR) requirements and so that
a final certificate of occupancy may be issued for that parcel; and
WHEREAS, pursuant to Section 6-29.D of the Zoning Ordinance,
the above-referenced transfer of development rights requires
approval by the City Commission at a publicly noticed hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public
hearing to approve the transfer of development rights from the
property known as SSDI North to 404 Washington Avenue pursuant to
Section 6-29.D of the Zoning Ordinance is hereby scheduled on
Wednesday, September 25, 1996 at 1:45 p.m. in the City Commission
Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach,
Florida, and the City Clerk is hereby authorized and directed to
publish and distribute the appropriate public notice of said public
hearing at which time and place all interested parties will be
heard.
CITY CLERK
September
, 1996.
PASSED and ADOPTED this 11th
ATTEST:
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CITY OF
MIAMI BEACH"
CITY HALL 1700 CONVENTION CENTEH DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. .5 O~ - Cfl.a
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
September 11, 1996
FROM:
Jose Garcia-Pedrosa ~
City Manager '
Request for the Commission to Set a Public Hearing to Consider the
Approval of Transfer of Development Rights (TDR) from the Property Known
as SSDI North to 404 Washington Avenue Pursuant to Section 6-29,D of the
Zoning Ordinance
SUBJECT:
RECOMMENDATION
The Administration recommends that the City Commission set a public hearing for September 25,
1996, to approve the transfer of development rights (TDR) totalling 13,984 square feet from the
property known as SSDI North to 404 Washington Avenue.
BACKGROUND
Design Review Board approval was initially granted for the project proposed to receive the transfer
of development rights on April 8, 1993. The building had a total of seven floors -- ground level
retail, three levels of parking and three levels of offices. The top story (7th level) was only a partial
floor.
A foundation permit was issued by the Building Department on June 10, 1993. A zoning review was
not required by the Building Department prior to the issuance of the foundation permit.
The applicant applied for an amendment to the plans approved by the Design Review Board in mid-
November 1993 (importantly, prior to the Planning Board taking action on the South Pointe Zoning
Amendment on November 23, 1993, which imposed a height limit of 75 feet in the district in
question). Said application showed an additional parking level, thereby creating a building with
eight floors, and changes to details on the exterior facade.
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AGENDA ITEM
C.10
DATE~
The Design Review Board approved the revisitm on January 11, 1994, subject to the glass block
tower with the ziggurat tower on the corner of Washington and 5th Street be increased in height to
architecturally accentuate this element and differentiate it from the balance of the building.
A building permit was issued on February 9, 1994, reflective of the plans approved by the Design
Review Board the month before. It should be noted, however, on the zoning approval, there was a
series of conditions that the applicant was required to provide, including a survey, FAR calculations,
gross floor area and design review bonuses to confirm whether or not the building met the code
requirements regarding floor area. Indeed, Mr. Augustin J. Barrera, partner in the firm of Bermello,
Ajamil & Partners, Inc. wrote a letter which was attached to the plans stating, in part, "We are aware
that zoning approval at this time does not alleviate the owner from complying with any and all
zoning ordinance requirements which mayor may not arise during the fmal zoning review process."
This information was not provided before the applicants next action.
On June 7, 1994, the applicant requested Design Review approval for revisions to the previously
approved building, with the addition of increased office space square footage on the sixth (6th),
seventh (7th) and eighth (8th) floors. While no Building Permit was issued for these revisions,
construction apparently proceeded to incorporate them.
On November 8, 1994, the Building Department entered a complaint into the City's Land
Management System for failure to build the structure according to the approved plans of February
9, 1994.
At this time, the Planning, Design and Historic Preservation Division determined that the floor area
calculations, as submitted by the architect, were incorrect. Several storage areas, stairwells, elevators
and other vertical circulation and mechanical spaces had not been included in the floor area
calculations.
On December 1, 1994, the building permit was modified to include only the first seven floors of the
building. The eight floor would not be included on this permit pending the resolution of the floor
area discrepancy.
On March 3, 1995, the Zoning Board of Adjustment denied the appeal of the Administrative
Interpretation regarding those areas which are included in the floor area calculation.
On November 7, 1995, the Porto fino Entities, the City of Miami Beach and the Redevelopment
Agency entered into a Development Agreement. Pursuant to Section 4. 1 (iii)(a) of said agreement
the transfer of as much floor area as is necessary shall be transferred from the SSDI North to the 404
Parcel to allow the building located on the 404 Parcel to fully comply with all applicable City Floor
Area Ratio requirements. This transfer is necessary so that a final Certificate of Occupancy may be
issued for the existing building at 404 Washington Avenue.
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ANALYSIS
The Administration is requesting that the City Commission approve the transfer of development
rights pursuant to Section 6-29,D of the Zoning Ordinance which reads, in part:
"...transfers of development rights pursuant to a Development Agreement and/or
Interlocal Agreement approved after October 1, 1995 in accordance with the terms
of Section 9D-l of the Code of the City of Miami Beach, Florida, Section 163.3220,
Fla. Stat. and/or Section 163.01, Fla. Stat.(hereinafter a "Chapter 163 Development
Agreement"), shall be approved by the City Commission either contemporaneously
with the approval of the Chapter 163 Development Agreement or during a
subsequent publicly noticed hearing as provided in this Section."...
A public hearing on approval of a transfer of development rights requires that a 10 day notice be
given, with an advertisement in a newspaper of general circulation.
Based upon the drawings submitted by Bermello, Ajamil & Partners on March 26, 1996, the
building at 404 Washington Avenue has a total of 75,469 square feet. The maximum allowed floor
area for this site is 61,485 square feet. Therefore, the project has an excess of 13,984 square feet of
floor area; this square footage represents approximately 80% of the eight floor.
CONCLUSION
The Administration has concluded that the City Commission should proceed to set a public hearing
for September 25, 1996, to consider the approval of the transfer of development rights of 13,984
square feet from the property know as SSDI North to 404 Washington Avenue pursuant to Section
6-29,D of the Zoning Ordinance.
JGP~~
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