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Resolution 78-15705 RESOLUTION NO. 78-15705 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING DEVELOPMENT APPROVAL AND AUTHORIZING WORK TO PROCEED IN ACCORDANCE WITH APPLICATION FOR DEVELOPMENT APPROVAL FILED BY THE CITY OF MIAMI BEACH 1' REDEVELOPMENT AGENCY, IN ACCORDANCE WITH THE PROVISIONS AND REQUIREMENTS OF CHAPTER 380, FLORIDA STATUTES. WHEREAS, the City of Miami Beach Redevelopment Agency has filed an Application for Development Approval with the City Commis- sion of the City of Miami Beach, being the governmental agency having jurisdiction of the subject matter of said Application, pursuant to the provisions of Section 380. 06 (6) , Florida Statutes, and WHEREAS, the South Florida Regional Planning Council has furnished the City Commission of the City of Miami Beach with written notice that said Application for Development Approval contains sufficient information for the said Regional Planning Council to discharge its responsibility under Section 380. 06 (8) , Florida Statutes, and WHEREAS, due, proper and sufficient legal notice of an appropriate public hearing on said Application before the City Commission of the City of Miami Beach, was given and issued by the City of Miami Beach, as required by Section 380. 06 (7) (a) , Florida Statutes, and WHEREAS, said public hearing was held before the City Commission of the City of Miami Beach on September 6, 1978 , as required by law, and WHEREAS, the City Commission of the City of Miami Beach has held and conducted said public hearing on said Application; the Assessment Report of the South Florida Regional Planning Council; the responses thereto by the City of Miami Beach Redevelopment Agency; and the analysis thereof made, prepared and submitted by the Planning Department of the City of Miami Beach, and WHEREAS, all persons desiring to be heard at said public hearing were heard and were given the opportunity to testify or present evidence to the City Commission of the City of Miami Beach for or against said Application, and WHEREAS, the City Commission of the City of Miami Beach has reviewed, analyzed and considered said Application for Develop- ment Approval; the Report of the South Florida Regional Planning Council; the responses of the Miami Beach Redevelopment Agency; and the analysis and report prepared and made by the Planning Department of the City of Miami Beach, and is fully aware and cognizant not only with the nature of said Application, but also with the matters, things and circumstances leading to the genesis thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, in accordance with the require- ments of Section 380. 06 (7) and Section 380. 06 (11) , Florida Statutes, that said City Commission does hereby find, determine and conclude and thereupon orders as follows: 1. That the Application for Development Approval is Ii incorporated herein by reference and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties. OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 2 . That the development applied for is in accordance, and does not interfere with the achievement of the objectives of any adopted State land development plan applicable to the area involved. 3. That a review of all pertinent Advices, Reports, and Evidence, both oral and documentary, convinces the City Commission that the development applied for by the City of Miami Beach Redevel- opment Agency is consistent, and in full accord with all land development regulations of the City of Miami Beach, Dade County, and the State of Florida. 4. That the development applied for is consistent, and in full accord with the Report and recommendations of the South Florida Regional Planning Council submitted pursuant to Section 380. 06 (8) of the Florida Statutes, and is hereby approved and confirmed in all respects. 5. The City Commission of the City of Miami Beach, Florida, expressly finds and does hereby determine that the adoption of this Resolution is in accordance with the law, and that its , adoption is necessary and essential for the preservation and enhance- ment of the public health, safety and welfare of the City of Miami Beach, its citizens, residents and visitors. 6 . That the proposed funding of said development is in accordance and compliance with the requirements of the City Commis- sion of the City of Miami Beach, the ordinances and resolutions of Metropolitan Dade County, and the statutes of the State of Florida, and that said proposed funding be and the same is hereby approved and confirmed in all respects. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to and in accordance with the authority conferred upon it by the "Florida Environmental Land and Water Management Act of 1972" and Section 380. 06 thereof, that it does hereby grant the Application for Development Approval and authorizing work, pursuant to and in accordance with said Applica- tion for Development Approval filed by the City of Miami Beach Redevelopment Agency, to proceed forthwith, and recommends and requests that all governmental agencies having jurisdiction thereof cooperate in the implementation and execution of the work contem- plated by said Application. BE IT FURTHER RESOLVED AND ORDERED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that certified copies of this Resolution be transmitted forthwith to the Florida Land and Water Adjudicatory Commission; the State Land Planning Agency; the South Florida Regional Planning Council; and the City of Miami Beach Redevelopment Agency. PASSED and ADOPTED this 6th day of September, 1978 . • Mayo Attest: City C erk - 2 - OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 ecos 8 • • i' • -4*---' c: FLORIDA 3 3 1 3 9 * iki 1.4. ,, *` "VACATIONLAND U. S. A." OFFICE OF THE CITY MANAGER CITY MALL 1' GAVIN W.O'BRIEN 1700 CONVENTION CENTER DRIVE CITY MANAGERy�� TELEPHONE: 673.7010 COMMISSION MEMORANDUM NO. �' DATE: August 30, 1978 TO: Dr. Leonard Haber, Mayor and Members of the City Commission FROM: Gavin IAV.O'Brien , : Ttlk City Manager ' % SUBJECT: ANALYSIS AND RECOMMENDATION REGARDING THE ISSUANCE OF A DEVELOPMENT ORDER FOR THE SOUTH SHORE DEVELOPMENT OF REGIONAL IMPACT ' In accordance with State law, the Miami Beach Redevelopment Agency has made Application for Development Approval in order to implement the approved South Shore Redevelopment Plan. Since this project is categorized under the Florida Environmental Land and Water Management Act as a Development of Regional Impact (DRI) , the South Florida Regional Planning Council prepared the DRI Assessment report which raised a number of issues that were responded to by the Miami Beach Redevelopment Agency. The Regional Planning Council then finalized the DRI assessment based upon the comments at their public hearings and discussions with the Redevelopment Agency. The Miami Beach Planning Department has reviewed the above documents and prepared an analysis of the Regional Planning Council' s comments and the responses submitted by the Redevelopment Agency. The analysis indicates that (1) there is a consistency and agreement between the Regional Planning Council and the Redevelopment Agency; and, (2) the Redevelopment Plan is supportive of the objectives and purposes as , defined by the City Commission in the establishment of the redevelop- ment area. The City Commission has the opportunity to consider the above agencies ' comments as well as those presented at the City' s public hearing on September 6. Within 30 days following the public hearing, the City may issue a Development Order in the form of a resolution including findings of fact and conclusions of law. The Development Order may include any conditions that the City deems appropriate. The Develop- ment Order will be sent to the Land Water Adjudicatory Commission (the Governor and Cabinet) . If no appeal is filed within 45 days, the Development Order stands as issued. The Administration recommends that (1) the Development Order be issued based upon the Redevelopment Agency' s response to the conditions as identified by the South Florida Regional Planning Council and any pro- , visions deemed necessary by the City Commission; and, (2) that the Administration be authorized to notify the Land and Water Adjudicatory Commission, the South Florida Regional Planning Council, and the Miami Beach Redevelopment Agency of the City Commission action. I GOB:RGD.:nw P'..._ 91 AGENDA / 2 , ITEM EP4 .' �' •• DATE 9-6'81f RESOLUTION NO. 79- 15828 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE DEVELOPMENT ORDER FOR DEVELOPMENT OF REGIONAL IMPACT GRANTED TO MIAMI BEACH REDEVELOPMENT AGENCY BY AMENDING RESOLUTION No . 78-15705 PASSED AND ADOPTED SEPTEMBER 6, 1978 . WHEREAS , on March 27 , 1978, MIAMI BEACH REDEVELOPMENT AGENCY, filed a Development of Regional Impact Application for Development Approval with the City Commission of the City of Miami Beach in accordance with Section 380. 06 , Florida Statutes ; and WHEREAS , said applicant proposes to develop : 1 . Retail Area - 512, 600 square feet - gross . 2 . Office Area - 68, 750 square feet - gross . 3 . Hotel Area - 3 , 349, 500 square feet - gross (4, 785 units) . 4. Residential Area - 3 , 610 square feet - gross (2, 800 market-rate units and 750 assisted units) . 5 . Other Uses - 90, 200 square feet. 6 . Parking Spaces - 13 , 172. on 250 acres , constituting a Residential and Mixed-use Development of Regional Impact on the following described real property located in Dade County; All that real property in the City of Miami Beach, County of Dade, State of Florida, within the following- described boundaries : Beginning at the Northwesterly corner of LOT 2, BLOCK 1, FLEETWOOD SUBDIVISION according to THE AMENDED PLAT thereof as recorded in Plat Book 28, Page 34 of the Public Records ' of Dade County, Florida; . Thence run Easterly along the Northerly line of said LOT 2 for a distance of 150. 7 feet more or less to a point, said point being the Northeasterly corner of said LOT 2; Thence continue along above mentioned course for a distance of 50 feet more or less , across West Avenue, to the intersection with Westerly line of BLOCK 2, FLEETWOOD SUB- DIVISION, according to the AMENDED PLAT thereof as recorded in Plat Book 28, Page 34 of the Public Records of Dade County, Florida; Thence run Southerly along the Westerly line of said BLOCK 2 for a distance of 160. 3 feet more or less to a point, said point being a ,Point of Curvature (P. C. ) or a circular curve concave to the Northeast and having for its elements a radius of 15 feet and a central angle of 90; -ORM APPROVED LEGAL DEPT. pt® ' /vh Thence run along said circular curve an arc distance of 23 . 6 feet more or less to the Point of Tangency (P.T. ) ; Thence Easterly along the Northerly line of Sixth Street for a distance of 2679 . 4 feet more or less to the Point of Intersection with the Easterly line of Washington Avenue; Thence run Easterly along the Northerly line of said Sixth Street for a distance of 713 . 7 feet more or less to the Point of Intersection with the Easterly line of Ocean Drive ; Thence continue along above described course (Northerly line of Sixth Street projected Easterly) for a distance of 1400 feet more or less to a point; Thence run Southwesterly along the line parallel to and 1680 feet more or less Easterly of the East line of Collins Avenue for a distance of 2800 feet more or less to a point ; Thence run Southeasterly at an angle of 90° with the previous course at a distance of 660 feet more or less to a point ; Thence run Southwesterly at an angle of 90° with the previous course a distance of 2100 feet more or less to a point ; Thence run Westerly along the line parallel to and 300 feet more or less South of the Northerly limits of Government Cut for a distance of 3900 feet more or less to a point; Thence run Northwesterly along the line parallel to and 620 feet more or less Southwest of existing bulkhead line (M.H.W. Line) for a distance of 1000 feet more or less to a point ; Thence run Southwesterly at an angle of 90° with the previous course a distance of 95 feet more or less to a point ; Thence run Northwesterly at an angle of 90° with the previous course a distance of 500 feet more or less to a point ; Thence run Northeasterly at an angle of 90° with the previous course for a distance of 95 feet more or less to a point ; Thence run Northwesterly along the line parallel to and 620 feet more or less Southwest of existing bulkhead line (M.H.W. Line) for a distance of 2500 feet more or less to a point ; Thence Easterly along the line parallel to and 175 feet more or less North of the North line of Sixth Street produced Westerly for a distance of 930 feet more or less to the Point of Beginning. WHEREAS , the City Commission of the City of Miami Beach, as the governing body of the local government having jurisdiction, pursuant to Sections 380 . 031 and 380 . 06, Florida Statutes , is authorized and empowered to consider Applications for Development Approval for Developments of Regional Impact; and WHEREAS , the public notice requirements of the Charter and Ordinances of the City of Miami Beach and Section 380 . 06(7) , Florida Statutes , have been satisfied and notice has been given to the Division of State Planning, South Florida -2- Regional Planning Council, Department of Environmental ' Regulation, Tallahassee Office, South Florida Water Manage- ment District, Dade County and to adjacent counties on April 3, 1978 ; and WHEREAS , this Commission has on July 17 , 1978 held a duly noticed public hearing on the DRI Application for Development Approval, and has heard and considered the testimony taken thereat; and WHEREAS , this Commission has received and considered the report and recommendations of the South Florida Regional Planning Council; and WHEREAS , this Commission has made the following FINDINGS OF FACT AND CONCLUSIONS. OF LAW with regard to the Application for Development Approval. FINDINGS OF FACT A. The proposed development is not in an area of critical state concern designated pursuant to the provisions of Section 380 . 05, Florida Statutes ; B . A state land development plan applicable to the area has not been adopted; C. The development is consistent with local land development regulations ; D. The proposed development is consistent, with the , report and recommendations of the South Florida Regional Planning Council submitted pursuant to Section 380. 06(8) , Florida Statutes . CONCLUSIONS OF LAW NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION of the City of Miami Beach, Florida, in public meeting, duly constituted and assembled this 7th day of February, 1979 , that: 1 . The Development of Regional Impact Application for Development. Approval submitted by the Miami Beach Redevelop- ment Agency is hereby ordered APPROVED subject to the Conditions attached hereto as exhibit A and made a part hereof as if here set out in full. (It is acknowledged that there has already been compliance with some of said Conditions) . 2 . That the Application for Development Approval is incorporated' herein by reference and relied upon by the -3- • parties in discharging their statutory duties under Chapter 380, Florida Statutes . Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties . 3 . That this Resolution amends Resolution #78-15705 passed and adopted by the City Commission on September 6, 1978 and shall constitute the amended Development Order of this Commission issued in response to the Development of Regional Impact Application for Development Approval filed by the Miami Beach Redevelopment Agency. 4. That the definitions found in Chapter 380, F.S . , shall apply to this Amended Development Order. 5 . That the following are hereby incorporated by reference and made a part of this Amended Development Order :— a. The Application for Development Approval submitted by Miami Beach Redevelopment Agency to the City of Miami Beach on or about March 17 , 1978 . b . Supplementary and amendatory materials submitted by the applicant during the review process on or about July 3, 1978 . 6 . That this Amended Development Order shall be binding upon the applicant and its heirs , assigneees or successors in interest . It is understood that any reference herein to any governmental agency shall be construed to mean any future istrrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced governmental agency in existence on the effective date of this Develop- ment Order. 7 . That in the event that any portion or section of this Amended Development Order is determined to be invalid, illegal or unconstitutional by a court of competent juris- diction, such decisions shall in no manner affect the remain- ing portions or sections of this Amended Development Order, which shall remain in full force and effect. -4- 8 . That the approval granted by this Amended Develop- ment Order shall not be construed to obviate the duty of the applicant to comply with all other applicable local or state permitting procedures . 9 . That subsequent requests for development permits shall not require further review pursuant to Section 380 .06, Florida Statutes , unless it is found by the City Commission after due notice and hearing, that one or more of the follow- ing is present; a) A substantial deviation from the terms or conditions of this Amended Development Order, or other changes to the approved development plans which create a reasonable likeli- hood of adverse regional impacts or other regional impacts which were not evaluated in the review by South Florida Regional Planning Council, or b) An expiration of the period of effectiveness of this development order as provided herein. Upon a finding that any of the above is present, the City Commission shall order a termination of all development ., activity until such time as a new DRI Application for Development Approval has been submitted, reviewed and approved in accordance with Sect-ion 380. 06, F.S . 10. That this Amended Development Order shall remain in effect for a period of ten years from the date of its rendition, provided that this effective period may be extended by the City Commission upon a finding of excusable delay in any proposed development activity and that conditions have not changed sufficiently to warrant further considerations of the development. In the event the developer fails to commence significant physical development within 2 years from the date of rendition of this Amended Development Order, development shall be subject to further consideration. 11. During the period of effectiveness of this Amended Development ,Order, the applicant shall annually provide the City of Miami Beach, the South Florida Regional Planning -5- Council, and the Division of State Planning with a summary of completed construction and a schedule of proposed construct- ion over the remaining life of the Amended Development Order. This summary shall be in the form designated by the South Florida Regional Planning Council . 12. This Amended Development Order shall become effec- tive upon being signed by the Mayor of City Commission of the City of Miami Beach, (provided such date shall be extended until completion of appellate procedures , if any, relating to the issuance of this Amended Development Order.) 13 . Copies of this Amended Development Order shall be transmitted immediately by certified mail to the Division of State Planning, the South Florida Planning Council, and The Miami Beach Redevelopment Agency. PASSED AND DULY ADOPTED THIS 7th day of February , 1979 . CITY COMMISSION OF THE CITY OF MIAMI BEACH DADE COUNTY, FLORIDA By • 4466( MAYOR ATTEST: '71(/;,/,4.?,71.A- 2//et-e CITY CLERK. -6- ,. CONDITIONS OF APPROVAL la. Prior to the development order hearing by the City, the roadway net work in the area of 5th Street and Collins Avenue will be replanned and the ADA appropriately amended by the Applicant and submitted to the Council. lb . As a condition to the construction of that portion of the canal system lying east of the present alignment of Collins Avenue, and consistent with the provisions of lc, the following shall be assured: (1) That there has been designed and established (pursuant to the approval of the appropriate permitting agencies) a structure lying be- tween the eastern most extension of the canal system and the shoreline, which said structure shall be heavily reinforced by concrete structures supported on concrete piles sunk into bedrock, and which structure shall serve as the found- ation for the roadway system and parking complex structures . Said structure shall be a height and width and reinforced in such a manner as to strengthen and reinforce the existing ridge- line so as to prevent piping resulting from hurricane surge waters . lc. Applicant shall not build or permit any developer to construct any structure within 50' of the erosion control line as established in May, 1974 pursuant to the Florida Statutes , Chapter 161, as amended. ld. Assure that parking facilities are provided for use by the general public in order to provide easy access to the beach by those arriving by private vehicle. Said facilities shall be designed to en- courage use by providing separate entrances for use by the general public for beach access . 2 . Applicant together with the Dade County Historical Survey and any other preservation public or private organization will photo-document all older buildings presently not performing any historical function and preserve the same in an approproate repository for the future educational and historical value . 3 . Prior to acquisition of the South Beach Elementary site, provide written evidence of an agreement having been reached among the Redevelopment Agency, the City of Miami Beach and the Dade County School Board, specifying the size, location, timing and financing of a new elementary school . EXHIBIT A Page 1 of 4 pages • • . 4. Limit public access to dune areas with Sea Oats (a protected species) ; and plant additional Sea Oats as indicated in the ADA. 5 . Landscape only with native, salt-tolerant species to reduce both water consumption and fertilizer run-off. 6 . Install water conservation devices to reduce the use of energy and energy costs , while at the same time reducing water consumption. Specifically, install water-saving toilets and shower heads , and where financially feasible, install solar water- heating devices . While these conservation measures are listed in the Applicant ' s Private Sector Development Controls are Guidelines as recommendations , they should be included as requirements in the Development Order. 7 . Applicant shall adopt a water quality monitoring and canal maintenance program subject to the written approval of the State of Florida, Department of Environmental Regulations (DER) and the Dade County Department of Environmental Resource Management (DERM) . In the event that review by DERM and DER necessitates modification of the canal system, the application will be resubmitted for review by the Council as it relates to the impact of such modification. 8 . The plan will be modified to insure units with enough bedrooms to accomodate relocated residents . 9 . The provisions contained in the Redevelopment Plan adopted by the City of Miami Beach and Dade County as relates to the payment of rent relocation benefits to displaced current residents who are eligible for relocation assistance shall continue in full force and effect as provided in the Plan ' . and as implemented by Ordinance #7820, Metropolitan Dade County adopted as amended on April 4, 1978, Section 6 which provides : "Relocation assistance trust fund. Out of the proceeds of each bond sale, there shall be withdrawn, placed in trust, and separately accounted for, such sums as are prescribed in the Redevelopment Plan to pay the costs of moving expenses and relocation benefits . " 10. Applicant shall adopt policies whereby it will use its best efforts and endeavors to "over demolish" and buffer remaining units to the maximum extent possible in order to avoid, where feasible, dis- comfort and inconcenience. Page 2 of 4 pages • 4 • • 1 • 11. The Applicant shall use its best efforts to acquire all of the land in the redevelopment area as rapidly as possible. 12. Applicant shall be required to cause the construc- tion of residential development at a pace necessary • to accomplish the requirements of the relocation plan. 13 . The McArthur Causeway - 5th Street - Alton Road interchange alteration proposed by the applicant, including changes due to close West Avenue between 5th and 6th Streets , will have a positive effect upon the flow of traffic in the northwest section of South Shore . The Applicant should carry out all their proposed modifications at Agency expense upon receiving final design approval from the Dade Office of Traffic and Transportation. Also, the applicant should ensure that signs are posted on McArthur Causeway eastbound prior to the inter- change stressing the use of Alton Road for travel north, also at applicant expense. 14. Set aside sufficient right-of-way along the loop road to accomodate mass transit, and to provide, through design, the avoidance of potential inter- ference to moving traffic caused by the loading and unloading of passengers . 15 . Substantial emphasis is placed in the application on diverting internal automobile trips to public and personal transportation. This is to be accomplished partially by locating public parking facilities along and under the loop road, and by linking these facilities with the activity centers via mini-buses .. To be successful, the applicant should offer incentives such as lower parking fees or combined parking and transit fees , to induce parking alont the loop rather than at individual , activity centers . 16. The concept of a transit center is excellent , however, the applicant should conduct a complete analysis of the most appropriate location. The impact of locating such a center along 5th Street should be assessed, and alternative locations considered. The Metropolitan Transit Authority should be consulted in the course of such analysis . 17 . As relates to internal transportation within the project area, in the event such transportation is accomplished through non-public carriers , Applicant or the City shall maintain as great a degree of control over such operations as is lawful and feasible. Such privately provided transportation shall be pursuant to agreement with City or the Page 3 of 4 pages hi J li • Applicant which will give the City or Applicant right to see books and analyze its program' s effectiveness and structure. And, further provide, if lawful and feasible, the power to change management of the transit modes if it seems fit and to exercise formal approval power over the rate structure and level of service. All such engagements shall be made in consideration of and in consultation with the Metropolitan Transit Authority and the Florida Department of Transportation as well as the City of Miami Beach, Division of Transportation. The aforegoing shall be accomplished within the guidelines of Florida Statute, Chapter 323 and the appropriate Ordinance of the City of Miami Beach and the Metropolitan Dade County relating to transportation. 18 . The applicant should consult with the Metropolitan Dade County Transit Authority (MTA) to determine whether the MTA will be adversely affected by the proposed internal-external mini-bus system. If negative impacts will result, the applicant should reach agreement with MTA to minimize such impacts . 19 . Minor dead end roads should be avoided or designed to allow ready access and egress by emergency and. sanitation vehicles . If any minor roads off the loop road service only one facility, the applicant should reach an agreement with the Department of Public Works and the City of Miami Beach as to the expense of maintenance of such roads . 20. The Application for Development Approval be incor- porated by reference into the Development Order of the City of Miami Beach as follows : "the Application for Development Approval is incorporated herein by reference and relied upon by the parties in discharg- ing their statutory duties under Chapter 380 Florida Statutes . Substantial compli- ance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties . " Page 4 of 4 pages • • RESOLUTION NO. 78-15705 • A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, GRANTING DEVELOPMENT APPROVAL AND AUTHORIZING WORK TO PROCEED IN ACCORDANCE WITH APPLICATION FOR DEVELOPMENT APPROVAL FILED BY THE CITY OF MIAMI BEACH REDEVELOPMENT AGENCY, IN ACCORDANCE WITH THE PROVISIONS AND REQUIREMENTS OF CHAPTER 380, FLORIDA STATUTES. WHEREAS, the City of Miami Beach Redevelopment Agency has filed an Application for Development Approval with the City Commis- sion of the City of Miami Beach, being the governmental agency having jurisdiction of the subject matter of said Application, pursuant to the provisions of Section 380. 06 (6) , Florida Statutes, and WHEREAS, the South Florida Regional Planning Council has furnished the City Commission of the City of Miami Beach with written notice that said Application for Development Approval contains sufficient information for the said Regional Planning Council to discharge its responsibility under Section 380. 06 (8) , Florida Statutes, and WHEREAS, due, proper and sufficient legal notice of an appropriate public hearing on said Application before the City Commission of the City of Miami Beach, was given and issued by the City of Miami Beach, as required by Section 380. 06 (7) (a) , Florida Statutes, and WHEREAS, said public hearing was held before the City Commission of the City of Miami Beach on September 6, 1978, as required by law, and WHEREAS, the City Commission of the City of Miami Beach has held and conducted said public hearing on said Application; the Assessment Report of the South Florida Regional Planning Council; the responses thereto by the City of Miami Beach Redevelopment Agency; and the analysis thereof made, prepared and submitted by the Planning Department of the City of Miami Beach, and WHEREAS, all persons desiring to be heard at said public hearing were heard and were given the opportunity to testify or present evidence to the City Commission of the City of Miami Beach for or against said Application, and WHEREAS, the City Commission of the City of Miami Beach has reviewed, analyzed and considered said Application for Develop- ment Approval; the Report of the South Florida Regional Planning Council; the responses of the Miami Beach Redevelopment Agency; and the analysis and report prepared and made by the Planning Department • of the City of Miami Beach, and is fully aware and cognizant not only with the nature of said Application, but also with the matters, things and circumstances leading to the genesis thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, in accordance with the require- ments of Section 380. 06 (7) and Section 380. 06 (11) , Florida Statutes, that said City Commission does hereby find, determine and conclude and thereupon orders as follows: 1. That the Application for Development Approval is incorporated herein, by reference and relied upon by the parties - in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for - approval unless waived or modified by agreement among the parties. OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 2 . That the development applied for is in accordance, and does not interfere with the achievement of the objectives of any adopted State land development plan applicable to the area • involved. 3. That a review of all pertinent Advices, Reports, and Evidence, both oral and documentary, convinces the City Commission that the development applied for by the City of Miami Beach Redevel- opment Agency is consistent, and in full accord with all land development regulations of the City of Miami Beach, Dade County, and the State of Florida. 4 . That the development applied for is consistent, and in full accord with the Report and recommendations of the South Florida Regional Planning Council submitted pursuant to Section 380. 06 (8) of the Florida Statutes, and is hereby approved and confirmed in all respects. 5. The City Commission of the City of Miami Beach, Florida, expressly finds and does hereby determine that the adoption of this Resolution is in accordance with the law, and that its adoption is necessary and essential for the preservation and enhance- ment of the public health, safety and welfare of the City of Miami Beach, its citizens, residents and visitors. • 6 . That the proposed funding of said development is in accordance and compliance with the requirements of the City Commis- sion of the City of Miami Beach, the ordinances and resolutions of Metropolitan Dade County, and the statutes of the State of Florida, and that said proposed funding be and the same is hereby approved and confirmed in all respects. BE IT FURTHER RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, pursuant to and in accordance with the authority conferred upon it by the "Florida Environmental Land . and Wate.,_ Management Act of 1972" and Section 380 . 06 thereof, that it does hereby grant the Application for Development Approval and authorizing work, pursuant to and in accordance with said Applica- tion for Development Approval filed by the City of Miami Beach Redevelopment Agency, to proceed forthwith, and recommends and requests that all governmental agencies having jurisdiction thereof cooperate in the implementation and execution of the work contem- plated by said Application. BE IT FURTHER RESOLVED AND ORDERED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that certified copies of this Resolution be transmitted forthwith to the Florida Land and Water Adjudicatory Commission; the State Land Planning Agency; the South Florida Regional Planning Council; and the City of Miami Beach Redevelopment Agency. PASSED and ADOPTED this 6th day of September, 1978 . c : i,4•.. it-'1 Mayor Attest: 14e � City C er . n k - 2 - OFFICE OF THE CITY ATTORNEY -1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139 =P -' 4,(7.4( ) �, FLORIDA . 3 3 1 3 9 M �. • "VACATIONI,AND U. S. A:" ".. OFFICE OF THE CITY MANAGER CITY HALL GAVIN W.O'®RI@N 1700 CONVENTION CENTER DRIVE CITY MANAGER it*/ TELEPHONE: 073.7010 COMMISSION MEMORANDUM NO. ti DATE: August 30, 1978 TO: Dr. Leonard Haber, Mayor and Members of the City Commission FROM: Gavin W. O'Brien 0° [ ` City(fan P v4 l SUBJECT: ANALYSIS AND RECOMMENDATION REGARDING THE ISSUANCE OF A DEVELOPMENT ORDER FOR THE SOUTH SHORE DEVELOPMENT OF REGIONAL IMPACT In accordance with State law, the Miami Beach Redevelopment Agency has made Application for Development Approval in order to implement the approved South Shore Redevelopment Plan. Since this project is categorized under the Florida Environmental Land and Water Management Act as a Development of Regional Impact (DRI) , the South Florida Regional Planning Council prepared the DRI Assessment report which raised a number of issues that were responded to by the Miami Beach Redevelopment Agency. The Regional Planning Council then finalized the DRI assessment based upon the comments at their public hearings and discussions with the Redevelopment. Agency. The Miami Beach Planning Department has reviewed the above documents and H -epared an analysis of the Req i r.nal Planning Council's comments and the responses submitted by the PJevelopment Agency. The analysis indicates that .(1) there is a consistency and agreement between the Regional Planning Council and -the Redevelopment Agency; and, (2) the Redevelopment Plan is supportive of the objectives and purposes as defined by the City Commission in the establishment of the redevelop- ' ment area. . The City Commission has the opportunity to consider the above agencies ' comments as well as those presented at the City' s public hearing on September 6. Within 30 days following the public hearing, the City may issue a Development Order in the form of a resolution including findings of fact and conclusions of law. The Development Order may include any conditions that the City deems appropriate. The Develop- ment Order will be sent to the Land Water Adjudicatory Commission . , (the Governor and Cabinet) . If no appeal is filed within 45 days, the Development Order stands as issued . The Administration recommends that (1) the Development Order be issued based upon the Redevelopment Agency' s response to the conditions as identified by the South Florida Regional Planning Council and any pro- visions deemed necessary by the City Commission; and, (2) that the Administration be authorized to notify the Land and Water Adjudicatory Commission, the South Florida Regional Planning Council, and the Miami . Beach Redevelopment Agency of the City Commission action. • GOB:RGD:nw F 91 AGENDA I TEM , .: .q . DATE__ %/ t'6 ORIGINAL RESOLUTION NO. 78-15705 (Granting Development approval and auth- orizing work to proceed in accordance with application for development approval filed by the CMB Redevelopment Agency, in accordance with the provisions and requirements of Chapt.380,Fla.Statute.