97-22384 RESO
RESOLUTION NO. 97-22384
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING
PUBLIC HEARING AND A SECOND READING PUBLIC HEARING TO
CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ZONING
ORDINANCE NO. 89-2665 BY REZONING A PARCEL OF LAND
LOCATED AT 50 S. WASHINGTON AVENUE, MIAMI BEACH, FLORIDA
AND KNOWN AS THE "ALASKA PARCEL" LEGALLY DESCRIBED IN
THE ATTACHMENT TO THE ORDINANCE, FROM THE CURRENT MR,
MARINE RECREATIONAL ZONING DISTRICT CLASSIFICATION TO
CPS-3, COMMERCIAL INTENSIVE MIXED USE; AMENDING THE
AFFECTED PORTIONS OF THE CITY'S ZONING DISTRICT MAP TO
CORRESPOND WITH THE ZONING CHANGE; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on November 7, 1995, the Porto fino Entities ("Portofino"), the City ofMian i
Beach, and the Redevelopment Agency entered into a Development Agreement ("Developmer t
Agreement"). Pursuant to the Development Agreement, Porto fino is required to seek furth{ r
regulatory approvals from the City and its boards and agencies, including the proposed ZOllin.~
District Boundary Change for the Alaska Parcel from MR (Marine Recreational) to CF'S-,
(Commercial Intensive Mixed Use); and
WHEREAS, East Coastline Development, Ltd. (a Portofino Entity) is requesting that th~
City Commission adopt a Resolution setting public hearings for the review of the Proposed ZOllin .~
District Boundary Change for the Alaska Parcel from MR (Marine Recreational) to CFS-l
(Commercial Intensive Mixed Use); and
WHEREAS, on April 29, 1997, the City's Planning Board held a public hearing to cons ldf r
the proposed Ordinance and voted 6 to 0 in favor of recommending that the Mayor and Cit 1
Commission adopt the proposed Ordinance; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-2665, the propcse 1
Ordinance must be now considered by the Mayor and City Commission on first reading and at 1
second reading public hearing, and the applicant, East Coastline Development, Ltd. (a PortoJln.)
Entity), is further requesting a public hearing at first reading.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and l.:i1y
Commission will consider at a first reading public hearing and at a second reading public hearin s
an Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amendin s
Zoning Ordinance No. 89-2665 by rezoning a parcel ofland located at 50 S. Washington Ave1w:,
Miami Beach, Florida and known as the "Alaska Parcel" legally described in the attachment tc th ~
Ordinance, from the current MR, Marine Recreational Zoning District classification to CPS-: ,
Commercial Intensive Mixed Use; amending the affected portions of the City's Zoning District h1ao
to correspond with the zoning change; providing for repealer, severability and an effective date, an i
hereby schedules the first reading public hearing on Wednesday, May 21, 1997 beginning at S:O 1
p.m. and the second reading public hearing on Wednesday, June 4,1997 beginning at 5:02 p.m.
in the City Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Belc] "
Florida, and the City Clerk is hereby authorized and directed to publish the appropriate public ll(ltic ~
of said public hearings at which times and place all interested parties will be heard.
ATTEST:
PASSED and ADOPTED this ~ day of May ~\1997.
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.. / ~AYOR
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CITY CLERK
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F:IA TTO\TURN\RESOS\ALASKA.HRG
APPROVED AS TO
FORM & LANGUAGE
& fOR EXECUnO~,1
1J~
ity Attorney
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA33139
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. 307 - q 7
TO:
Mayor Seymour Gelber and
Memben of the City Commiuion
DATE:
May 7, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Resolutions Settin Public Hearings for 1) Proposed Amendments to the Future
Land Use Map (FLUM) ofthe City of Miami Beach and Certain Text Changes
to the Year 2000 Comprehensive Plan for the City of Miami Beach, 2) Propos led
Amendments to the South Shore Revitalization Strategy (Redevelopment Plan),
3) Proposed Amendments to Section 2-72.1 of the Code of the City of Miami
Beach, Florida, 4) Proposed Approval of the Portofino Development of Region al
Impact ("DRI") and the Amended Miami Beach Marina DRI, 5) Proposed
Zoning District Boundary Change for the Alaska Parcel from MR (Marine
Recreational) to CPS-3 (Commercial Intensive Mixed Use) and 6) Proposed
Transfer of Development Rights from SSDI North Parcel to SSDI South Parcel
And/Or the Alaskan Assemblage.
RECOMMENDATION
Approve the Resolutions setting the public hearings.
BACKGROUND
The Portofmo Entities are requesting that the City Commission adopt Resolutions setting tl.e
required public hearings for the review of the 1) proposed amendments to the Future Land Use Map
(FL UM) of the City of Miami Beach and certain text amendments to the Year 2000 Comprehensi\"e
Plan ("Comprehensive Plan") for the City of Miami Beach,. 2) proposed amendments to the Sou1h
Shore Revitalization Strategy (Redevelopment Plan) for the City of Miami Beach, 3) proposed
amendment to Section 2-72.1 of the Code of the City of Miami Beach, Florida, 4) proposed
Portofino DR! and the Amended Miami Beach Marina DR! pursuant to Section 380.06(11), Florida
Statutes, 5) proposed Zoning District Boundary Change for the Alaska Parcel from MR (MariTI e
Recreational) to CPS-3 (Commercial Intensive Mixed Use), and 6) proposed Transfer (If
Development Rights from the parcel known as SSDr North to the parcel known as SSDI South
and/or the parcels known as the Alaskan Assemblage.
AGENDA ITEM C- '1 L~_
DATE 5-~tL
Pursuant to the Development Agreement, Portofino is required to seek further regulatory approYal:
from the City and its boards and agencies, including the proposed amendments referenced abov'e.
On April 29, 1997, the City's Planning Board unanimously recommended approval by a vote of6-0
1 absence of the 1) proposed amendments to the FLUM and the text of the Comprehensive Plan, 2:
the proposed amendments to the South Shore Revitalization Strategy, 3) the proposed Portofino DRJ
and the Amended Miami Beach Marina DRI, and 4) the proposed rezoning of the Alaska Parcel from
MR to CPS-3.
1. BACKGROUND AND ANALYSIS OF THE COMPREHENSIVE PLAN AMENDMEN[S
On February 5, 1997, the City Commission, upon recommendation by the Planning Board (sitting
as the Local Planning Agency), approved the "transmittal" of the proposed amendments to the
FLUM and to the text of the Comprehensive Plan to the Florida Department of Community Affallrs
("DCA"), and other affected State and local agencies.
These State and local agencies have conducted their review of the application and have commenk~d
on the proposed amendments and their consistency with the State, regional and local plans. A report
summarizing the comments of all of the commenting agencies has been transmitted back to the City
by the DCA in the form of a report known as an "Objections, Recommendations and Comment;"
(ORC) report. Subsequent actions by the City on the proposed amendments must be consistent with
the ORC or reasonable explanations for deviation must be provided in order for the DCA to review
the final actions of the City and to determine whether those actions are "in compliance" or "notm
compliance" and capable of going into effect, or the subject of further review and challenge.
Section 163.3184(15), Florida Statutes, requires that the local governing body hold at least 1\'\'0
advertised public hearings. The application to amend the Comprehensive Plan is divided into 1\'\0
parts: (1) proposed amendments to the FLUM of the City, which is part of the Comprehensive Plan;
and (2) proposed text amendments to the Comprehensive Plan.
A. The FLUM Amendments.
The changes proposed to the FLUM are consistent with the terms of the Development Agreement.
The amendments would change the future land use designation of the following parcels:
1. the "Former Park Parcel" by changing the land use designation from R03
(Recreation and Open Space) to C-PS4 (Commercial Intensive Phased Bayside) and DAO
(Development Agreement Overlay) hereinafter referred to as'''DAO'';
2. the "Federal Triangle Parcel" from ROS (Recreation and Open Space) to C-
PS3 (Commercial Intensive Mixed Use) and DAO;
3. the "Alaska Parcel" from !viR (Marine Recreational) and ROS (Recreation and
Open Space) to C-PS3 (Commercial Intensive Mixed Use) and DAO;
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4. the "Water Tower Triangle Parcel" from PF (public Facility) to C-PSl
(Commercial Limited Mixed Use) and DAO;
5. the following properties would also be designated DAO: the Core Parcel, the
Mi~higan and Jefferson Parcels, the Diamond C Parcel, the End Parcels, the Marina Parcel, lhe
Ocean Parcel, the 101/115/155 Parcels, a portion of First Street, the Pier Park Parcel, the SSDI North
Parcel, the SSDI South Parcel, the 211 Parcel, the Hinson Parcel, the Goodman Terrace Parcel and
the 404 Parcel. This DAO would be in addition to the underlying land use classification and would
be for identification purposes only. The DAO would not change the underlying land use designati.::m
for any properties, but would alert interested parties that the property was subject to restrictions or
requirements within a development agreement that might not be contained within the City's Zomlg
Ordinance.
These proposed changes to the FLUM have been reviewed by the Administration and found to be
in compliance with the terms of the Development Agreement.
B. The Text Amendments.
The proposed text changes to the Comprehensive Plan include the following:
1. amending Part II: Goals, Objectives and Policies of the City of Miami Beach
Year 2000 Comprehensive Plan, as amended, by adding a category to be entitled "Development
Agreement Overlay Category" to Policy 1.2 of Objective 1: Land Development Regulations of the
Future Land Use Element; and
2. amending Policy 9.2 of Objective 9 entitled "Redevelopment" of the Futur~
Land Use Element.
The Administration has reviewed the proposed text amendments and believes they are in compliano~
with the terms and intent of the Development Agreement.
2. BACKGROUND AND ANALYSIS OF THE SOUTH SHORE REVITALIZATION
STRATEGY AMENDMENTS
The Portofino Entities are requesting that the City Commission adopt a Resolution setting public
hearings for the review of the proposed amendments to the South Shore Revitalization Strategy
(Redevelopment Plan) for the City of Miami Beach.
The redevelopment plan for the City of Miami Beach was originally adopted on February 1, 1971
and later amended in 1984. The present adopted redevelopment plan is entitled the South Shore
Revitalization Strategy and was approved by the City Commission on February 15, 1984, and by
the County Commission through the adoption of Resolution No. R-1056-84 on September 4, 1984.
Under the provisions of Part III of Chapter 163, Florida Statutes, any exercise of redevelopment
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powers or financing under the Redevelopment Act must be consistent with the adopted and approvec
redevelopment plan for the area in question.
The proposed amendments to the Revitalization Strategy accomplish two objectives: (1) the textua.
amendments indicate that implementation of the provisions of the Development Agreement1re
deemed to be consistent with the terms of the Revitalization Strategy, and in the event of a confl: ct,
the provisions of the Development Agreement will prevail over the terms of the Revitalization
Strategy and (2) the extension of the term of the existing redevelopment trust fund, established by
the City and approved by the County, is formally ratified and modified in the Revitalization Plan
itself.
3. BACKGROUND AND ANALYSIS OF THE AMENDMENT TO SECTION 2-72.101:
THE CITY CODE
The Portofmo Entities are requesting that the City Commission adopt a Resolution setting pub!.ic
hearings for the review of the proposed Ordinance amending Section 2-72.1 of the Code of the Ci ty
of Miami Beach, Florida, to include therein a reference to the Ordinance amending the South Share
Revitalization Strategy Plan.
Due to the proposed changes to the South Shore Revitalization Strategy, Section 2-72.1 should ],e
amended so that it properly reflects the most recent version of the Revitalization Strategy, ,15
amended.
4. BACKGROUND AND ANALYSIS OF THE PROPOSED PORTOFINO DRI AND
THE AMENDED MIAMI BEACH MARINA DR!
The Portofino Entities are requesting that the City Commission adopt Resolutions setting publi c
hearings for the review of the proposed Portofino DRl and the Amended Miami Beach Marina DFl
pursuant to Section 380.06(11), Florida Statutes.
Pursuant to Section 4,1 (iv) of the Development Agreement, the proposed Portofmo DRl and the
Amended Miami Beach Marina DRl are defined as Development Approvals which must be
performed or the Development Agreement conditions to be met. Section 4.6 of the Developmer.t
Agreement provides that the parties shall act in good faith, cooperate with each other and not delay
in seeking any and all modifications of the existing Development of Regional Impact approvd
affecting the SSDr North and SSDr South Parcels. The requ~sted setting of the public hearings is
in furtherance of those provisions of the Development Agreement.
Section 380.06(11), Florida Statutes, requires a public hearing on a DRl application to be held in th,~
same manner as for a rezoning as provided under the appropriate special or local law or ordinance.
On March 5, 1997, the City Commission and the Redevelopment Agency set this matter for its first
public hearing on May 21, 1997 at 5:01 p.m. The Administration is requesting that the Ci~'
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Commission approve the Resolutions setting the matters for their second reading public hearing f( r
review of the Proposed Porto fino DRl and the Amended Miami Beach Marina DRl for June 4, 199",
in compliance with applicable state law.
5. BACKGROUND AND ANALYSIS OF THE ALASKA REZONING
The Porto fino Entities are requesting that the City Commission adopt a Resolution setting for publi ;
hearings for the review of the proposed Zoning District Boundary Change for the Alaska Parcel fi 'or 1
MR (Marine Recreational) to CPS-3 (Commercial Intensive Mixed Use).
The applicant is seeking a zoning district boundary change from MR to CPS-3. The request i;
consistent with the relevant provisions of the Development Agreement and the proposeL
contemporaneous amendments to the City's Comprehensive Plan.
6. BACKGROUND AND ANALYSIS OF THE TRANSFER OF DEVELOPMENT RIGHTI:.
The Portofino Entities are requesting that the City Commission adopt a Resolution setting puhli<
hearings for the review of the proposed Transfer of Development Rights from the parcel knowr: ~
SSDI North to the parcel known as SSDI South and/or the parcels known as the Alaskar
Assemblage.
Portofino is seeking the transfer of386,016 square feet of development rights from the SSDI North
Parcel to the SSDI South Parcel and/or Alaskan Assemblage (which includes the Hinson Parc el:
Federal Triangle Parcel, Alaska Parcel and Goodman Terrace Parcel).
CONCLUSION
The Administration recommends that the City Commission approve the Resolutions setting 1he
public hearings for May 21, 1997, at 5:01 P.M. or as soon thereafter, and for June 4, 1997, at 5:02
P.M. or as soon thereafter, for the review of the 1) proposed amendments to the FLUM of the Clty
of Miami Beach and the proposed text changes to the Comprehensive Plan, 2) proposed amendments
to the South Shore Revitalization Strategy, 3) proposed amendment to Section 2-72.1 of the Code
of the City of Miami Beach, Florida, 4) proposed Zoning District Boundary Change for the Alaska
Parcel from MR to CPS-3, and 5) proposed transfer of development rights from SSDI North to SSDI
South and/or the Alaskan Assemblage and 6) that the City Commission approve the Resolutions
setting the second reading public hearings for June 4, 1997, at 5:02 P.M. or as soon thereafter, jor
review of~roposed Portofino DRl and the Amended Miami Beach Marina DRl.
JGP\HSM\WG
MHF:C1iF:PB\ALL \CMEMOS\ 1283PFS.SET
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