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99-23112 RESO RESOLUTION NO. 99-23112 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST PUBLIC HEARING ON MAY 12, 1999, AT 2:00 P.M., TO CONSIDER A PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND MIAMI CITY BALLET, INC. (MCB), IN ACCORDANCE WITH THE REQUIREMENTS OF THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT, REGARDING THE PROPOSED MCB FACILITY, LOCATED AT 2200 LIBERTY AVENUE, MIAMI BEACH, FLORIDA WHEREAS, the Florida Local Government Development Agreement Act allows for the City of Miami Beach to enter into development agreements from time to time in order to facilitate development proposals that would provide substantial public benefit; and WHEREAS, the proposed MCB facility, located at 2200 Liberty Avenue, is governed by a Ground Lease Agreement between the City and MCI( and WHEREAS, the Ground Lease includes a section that addresses parking; and WHEREAS, the City is developing a plan for a proposed Cultural Campus in the Collins Park Area and has incorporated the MCB facility into these plans; and WHEREAS, the City is embarking on construction of other facilities within the Cultural Campus, which include the expansion of the Bass Museum and a new regional library; and WHEREAS, at its regular meeting on February 17, 1999, following a status report by the Administration on parking issues and identifying alternatives for the MCB to address its required parking for the facility, the Mayor and the City Commission directed the Administration to negotiate an agreement with MCB, setting forth certain timelines and parameters to meet its parking requirements; and WHEREAS, the City and MCB have agreed to enter into a Development Agreement, pursuant to the Florida Local Government Development Agreement Act, addressing MCB's parking regulations; provisions in the Ground Lease relative to parking; and coordination of interim parking spaces for MCB's potential use. 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 of the City of Miami Beach, Florida hereby set a first public hearing on May 12, 1999, at 2:00 p.m, said public hearing to be held in the City Commission Chambers on the third floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to consider a development agreement between the City and Miami City Ballet, Inc., in accordance with the requirements of the Florida Local Government Agreement Act; and the City Clerk is hereby directed to effectuate all required notice, which notice shall be at the expense of the applicant, Miami City Ballet, Inc.. PASSED AND ADOPTED THIS 14th day of April ,1999. 1J~ MAYOR ATTEST: r4kr f~ APPROVED}.S TO FORM & LANGUAGE & FOR EXECUTION CITY CLERK ~~ City Attorn.v 't/.y9 ~ O~f."./ CITY OF MIAMI BEACH :;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 1ttp:\\cLm iam i-beach. fl. us COMMISSION MEMORANDUM NO. ~~ TO: Mayor Neisen O. Kasdin and Members of the City Co ission DATE: April 14, 1999 FROM: Sergio Rodriguez City Manager SUBJECT: A RESOLU ON TO SET A FIRST PUBLIC HEARING ON MAY 12, 1999 TO CONSIDER A PROPOSED DEVELOPMENT AGREEMENT TO BE ENTERED INTO BETWEEN MIAMI CITY BALLET (MCB) AND THE CITY OF MIAMI BEACH (CMB) IN ACCORDANCE WITH THE REQUIREMENTS OF THE FLORIDA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT FOR PROPERTY LOCATED AT 2200 LIBERTY AVENUE, MIAMI BEACH, FLORIDA RECOMMENDATION: It is recommended that the City Commission adopt the Resolution setting a first public hearing on May 12, 1999 to consider the Development Agreement. BACKGROUND: On January 6, 1999, the City Commission authorized execution of the Third Amendment to the Ground Lease between the City of Miami Beach (CMB) and the Miami City Ballet (MCB). On February 17, 1999, the Administration presented a report on parking, identifying alternatives for the MCB to address their parking requirements for the facility under construction at the Cultural Campus. At this meeting, the City Commission directed the Administration to negotiate an agreement with the MCB setting forth certain time lines and parameters to meet the MCB's legal parking requirements. On March 5, 1999, City staff met with representatives of the MCB to discuss the proposed agreement. It was determined, based on further legal review, that the most prudent course of action would be to enter into a Development Agreement. Florida Statutes 163.3225 requires that at least two public hearings be held before entering into a Development Agreement. ANAL YSIS: In accordance with the Florida Local Government Development Agreement Act, MCB and CMB would enter into a Development Agreement that would clarify that the MCB is governed under the provisions of the former zoning code as a result of their building permit being issued in September 1998. The Development Agreement will also address: AGENDA ITEM C, 1 L DATE~ . time lines to meet the MCB's legal parking requirements; . the provision of discounted parking, as provided in Section 27.02 of the Ground Lease; . the number of parking spaces to be provided, as set forth in Section 27.02 of the Ground Lease; . the proposed location of the spaces to be provided by the City within 1,000 feet of the new ballet facility, as provided in Section 27.02 of the Ground Lease; . coordination of completion of the surface parking lots on the King and Fruitstand parcels and the MCB's potential use of these spaces prior to completion of the library facility; and . a provision for no waiver of rights by either the City and/or the MCB. The City Commission must hold two public hearings to enter into a Development Agreement. This resolution would set the first public hearing for May 12, 1999. A draft agreement is being prepared; and, if the Commission approves the resolution setting the hearings, the agreement will be presented in the packet of the May 12, 1999 City Commission meeting. CONCLUSION: The Administration recommends approval of the resolution setting the Public Hearing for consideration of a Development Agreement between MCB and CMB to address parking requirements for the building located at 2200 Liberty Avenue. C-~u ". SRCMC/jph Attachment BAGENDA \ 1999IAPR 1499\REGULARIMCBPH. WPD :.