Ordinance 98-3122 Agenda Item R5F 5a
ALTERNATIVE MIAMI BEACH MARINA DRI
AMENDED DEVELOPMENT ORDER
ORDINANCE NO. 98-3122
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING THE DEVELOPMENT ORDER FOR THE
MIAMI BEACH MARINA DEVELOPMENT OF REGIONAL
IMPACT WHICH WAS APPROVED BY RESOLUTION NO.
75-14762; PROVIDING FOR RENAMING OF THOSE
PORTIONS OF THE MIAMI BEACH MARINA DRI
LEGALLY DESCRIBED ON EXHIBIT "A" TO BE KNOWN
AS THE "ALTERNATIVE MIAMI BEACH MARINA DRI";
PROVIDING FOR RENAMING OF THOSE PORTIONS OF
THE MIAMI BEACH MARINA DRI LEGALLY DESCRIBED
ON EXHIBITS "B" AND "C" TO BE KNOWN AS THE
ALTERNATIVE PORTOFINO DRI; PROVIDING FOR
TRANSMITTAL TO THE SOUTH FLORIDA REGIONAL
PLANNING COUNCIL AND THE FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; PROVIDING FOR
RECORDATION IN THE PUBLIC RECORDS OF DADE
COUNTY,FLORIDA; PROVIDING FOR A REPEALER AND
AN EFFECTIVE DATE.
WHEREAS,on July 16, 1975,the Mayor and City Commission of the City of Miami Beach
approved a development order for the Miami Beach Marina Development of Regional Impact
affecting properties legally described on Exhibits "A" and "B"; and
WHEREAS, those portions of the Miami Beach Marina DRI legally described on Exhibit
"A" are owned and are to be developed by the City of Miami Beach; and
WHEREAS,the property legally described on Exhibit"B", together with the lands legally
described on Exhibit"C"are to be owned and developed by the Portofino Entities (as such entities
are identified in the Portofino DRI Alternative ADA) as the Portofino DRI; and
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Agenda Item R5F 5a
WHEREAS, the properties legally described on Exhibits "A", "B" and "C" are or will be
in separate ownership,are at different stages of development and are amenable to being severed from
one another so as to create two separate and distinct developments of regional impact; and
WHEREAS, on August 15, 1997,the Portofino Entities,with the knowledge of the City of
Miami Beach,filed an Alternative Amended Application for Development Approval as a substantial
deviation to the previously approved Miami Beach Marina DRI; and
WHEREAS,the amendments to the previously approved Miami Beach Marina DRI include
the bifurcation of this DRI so as to create two separate and distinct developments of regional impact
to be known as the Miami Beach Marina DRI and the Alternative Portofino DRI subject to separate
and distinct DRI development orders constituting amendments to the original Miami Beach Marina
DRI development approved pursuant to Resolution 75-14762; and
WHEREAS, on December 1, 1997, the City's Planning Board held a public hearing to
consider the amendments to the Miami Beach Marina DRI,after which the board voted unanimously
to recommend approval of the request; and
WHEREAS,the City Commission of the City of Miami Beach held two public hearings on
this amended development order on April 1 , 1998 and April 15 , 1998, pursuant to the
Notice and Public Hearing provisions of Chapter 380, Section 380.06(11)and Chapter 166, Section
166.041, Florida Statutes; and
WHEREAS,the City Commission of the City of Miami Beach has determined approval of
this amended development order for the Miami Beach Marina DRI as a method to bifurcate the
previously approved DRI is in the best interests of the residents of the City of Miami Beach and
furthers the health, safety and general welfare of the City of Miami Beach.
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Agenda Item R5F 5a
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT TO MIAMI BEACH MARINA DRI
DEVELOPMENT ORDER
That the Mayor and City Commission hereby amend the Miami Beach Marina DRI
development order as approved pursuant to Resolution No. 75-14762 to delete from the coverage
of that development order the properties legally described on Exhibit "B" hereto. This amended
development order shall apply to development upon the property legally described on Exhibit"A"
hereto which development shall hereafter be known as the Miami Beach Marina DRI. This amended
development order shall not apply to the property legally described on Exhibits"B"and"C"hereto,
the development of which shall be governed by an amended development order amending the
development order for the Miami Beach Marina Development of Regional Impact approved pursuant
to Resolution 75-14762 to be issued as to such property, which amended development order shall
hereinafter be known as the "Alternative Portofino DRI." It is hereby acknowledged that any future
development of the Miami Beach Marina DRI shall have net unused external vested trips as set forth
as the "City Allocation" in the Table attached hereto as Exhibit"D". In addition, at no time shall
the number of parking spaces on the Core Parcel exceed 800 spaces, nor shall the total number of
parking spaces on the Core Parcel,together with the parking spaces on SSDI North and SSDI South
which are used for the Marina and its related retail and commercial uses, exceed 1,000 spaces.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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Agenda Item R5F 5a
SECTION 3. SEVERABILITY.
If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder
shall not be affected by such invalidity.
SECTION 4. EFFECTIVE DATE.
This Amended Development Order shall become effective on the effective date of those
amendments to the text and future land use map of the City of Miami Beach, Florida Year 2000
Comprehensive Plan which are being processed concurrent with this Amended Development Order
pursuant to Section 380.06(6), F.S.,but in no event shall this Amended Development Order become
effective sooner than forty-five (45) days from transmittal of this Amended Development Order to
the Florida Department of Community Affairs,the South Florida Regional Planning Council and the
Applicant; provided,however,that if this Amended Development Order is appealed, this Amended
Development Order will take effect on the day after all appeals have been withdrawn or resolved,
as provided by law.
SECTION 5. TRANSMITTAL.
The City Clerk is instructed to transmit a copy of this Development Order and all Exhibits
attached hereto to the Florida Department of Community Affairs, the South Florida Regional
Planning Council and the Applicants Agents, as required pursuant to Section 380.07, Florida
Statutes.
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Agenda Item R5F 5a
PASSED AND ADOPTED this 15th day of April , 1998.
MAYOR
ATTEST:
ga-a �. otkCAPPROVED AS TO
FORM & LANGUAGE
CITY CLERK & FOR EXECUTION
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