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RESOLUTION 85-18035 RESOLUTION NO. 85-18035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH TERMINATING THE AMENDED DEVELOPMENT ORDER FOR DEVELOPMENT OF REGIONAL IMPACT FOR THE SOUTH SHORE REDEVELOPMENT PLAN GRANTED TO THE MIAMI BEACH REDEVELOPMENT AGENCY BY RESOLUTION NO. 78-15705 ON SEPTEMBER 6, 1978 AND AMENDED BY RESOLUTION NO. 79-15828 ON FEBRUARY 7, 1979 . WHEREAS , the South Shore Redevelopment Plan was prepared and adopted by the Miami Beach Redevelopment Agency on March 2, 1977; and WHEREAS, an Application for Development Approval for a Development of Regional Impact on the property incorporated in such Plan was submitted, pursuant to Florida Statutes, Ch. 380, to the City of Miami Beach, the South Florida Regional Planning Council and the State of Florida, Department of Administration, Division of State Planning; and WHEREAS, the proper notices, reports and recommendations from State and/or Regional agencies on said Application for Development Approval were duly received by the City of Miami Beach; and WHEREAS, after proper notice and public hearing, the City Commission granted a Development Order pursuant to said Application by City Resolution No. 78-15705 on September 6 , 1978; and WHEREAS, after proper notice and public hearing, the City Commission granted an Amended Development Order by City Resolution No. 79-15828 on February 7, 1979 (a copy of which is attached hereto and incorporated herein as Exhibit "A") ; and -1- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 WHEREAS, said Amended Development Order provided, inter alia, that "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. " ; and WHEREAS , significant physical development was not commenced in a timely manner within the aforementioned two (2) year period; and WHEREAS, on February 15, 1984, the City Commission adopted a revised redevelopment plan for the South Pointe Redevelopment area, which Plan abandons the previous "master developer" concept embodied in the earlier plans and which plan is not a "development" as defined pursuant to Fla. Stat. Ch. 380 and, therefore, by definition, cannot be a development of regional impact; and WHEREAS, the public notice requirements of the Charter and ordinances of the City and the requirements of Fla. Stat. Ch. 380, have been satisfied and notice has been given to the State of Florida Department of Community Affairs, the South Florida Regional Planning Council, Dade County and to adjacent counties; and WHEREAS, this Commission has, on the 6th day of March , 1985 held a duly noticed public hearing on the termination of the Amended Development Order for the South Shore Redevelopment Plan, and has heard and considered the testimony taken at the hearing; and WHEREAS , this Commission has made the following Findings of Fact and Conclusions of Law with regard to the termination of the Amended Development Order : -2- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 1. The Amended Development Order contemplates, by its own terms, reconsideration by the City Commission of the continued vitality of the Order if significant physical development does not occur in the area subject to the Order within two (2) years of February 7 , 1979. 2. Significant physical development pursuant to the Amended Development Order has not commenced or occurred within said two (2) year period or to this date on the property subject to the Order. 3 . The revised Redevelopment Plan adopted by the City Commission on February 15, 1984, approved by the Dade County Commission on September 18, 1984 and currently in effect, abandons the "master developer" concept incorporated in the prior redevelopment plan which required development of regional impact review. 4. The revised Redevelopment Plan is not a "development" as defined pursuant to Fla. Stat. Ch. 380 and, therefore, by definition cannot be a development of regional impact subject to Fla. Stat. § 380. 06. NOW THEREFORE, BY IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: that, pursuant to Fla. Stat. § 380 .06 , the Amended Development Order for the South Shore Redevelopment Plan approved by Resolution No. 79-15828 on February 7, 1979 is hereby terminated, rendered null and void and made inapplicable to the revised South Pointe Redevelopment Plan, and the property which is the subject of that Plan and the Amended Development Order . _3_ OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH,FLORIDA 33139 PASSED AND ADOPTED this 6th day of March 1985 . / / MAYOR ATTEST: CITY CLERK FORM APPROvL, AMW/GMH/rg ,„.EGAL DEP " by 414411A -4- OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139 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 AN LADING RESOLUTION No . 78-15705 PAS SED 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; FORM APPROVED L GAL DEPT. B . C72, Date / ' � 7 Thence run along said circular curve an arc distance of 23 . 6 feet more or less to the Point of Tangency (P .T. ) ; Thence Easterlyalong the Northerly line of Sixth Street for a distance ce of 2679 . 4 feet more or less to the Point of Intersection with the Easterly line of Washington Avenue ; Thence runalong Easterlythe 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 alongabove described course (Northerly line of Sixth Street projected Easterly) for a distance of 1400 '� feet more or less to a point ; Southwesterly along the line parallel to and 1680 Thence run Sou Y 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 Southeasterlyat an angle of 90° with the previous course at a distance of 660 feet more or less to a point ; Thence run Southwesterly an at angle of 90° with the previous course a distance of 2100 feet more or less to a point ; along Thence run Westerlythe 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 Northwesterlyalong the line parallel to and 620 feet more or less Southwest of existing bulkhead line (M.H .W. Line) for r a distance of 1000 feet more or less to a point ; Thence run Southwesterlyat an angle of 90° with the previous course a distance of 95 feet more or less to a point ; Thence run Northwesterlyat an angle of 90° with the previous course a distance of 500 feet more or less to a point ; Thence run Northeasterly an at angle of 900 with the previous course for a distance of 95 feet more or less to a point ; alongthe line parallel to and 620 Thence run Northwesterly feet more o r less Southwest of existing bulkhead line (M. Line) for a distance of 2500 feet more or less to a point ; alongthe line parallel to and 175 feet more Thence Easterly . North line of Sixth Street produced Westerly or less North of the Beginning .for a distance of 930 feet more or less to the Point of g ronin g . WHEREAS ,AS the CityCommission of the City of Miami governing Beach, as the overnin 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 DevelopmentApproval A roval for Developments of Regional Impact ; and WHEREAS , public the notice requirements of the Charter and Ordinances of the Cityof 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 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 P ment Order shall not be construed to obviate the duty of the applicant to comply with all other applicable local or PP state permitting procedures . 9 . That subsequent requests for development permits P shall not require further review pursuant to Section 380 . 06, Florida Statutes , unless it is found by the City Commission on 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 impacts regional im g p s 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 Section 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 2Y ears 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 • „ei.446( MAYOR ATTEST: 7((1941te."-e- 22t.at-e-e-4,-o 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 P sP rotected ecies) ; and plant additional Sea Oats as indicated in the ADA. Landscape onlywith native, salt-tolerant species 5 ' P fertilizer to reduce both water consumption and run-off . Install water conservation devices to reduce the 6 ' 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- heatingdevices . While these conservation measures are listed in the Applicant ' s nt ' s Private Sector Development ment Controls are Guidelines as recommendations , they should be included as requirements in the Development Order. Applicant shall adopt a water quality monitoring 7 . and canal maintenance program subject to the written approval of the State of Florida, Department of E • Regulations ions (DER) and the Dade County Environmental P`egu 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. plan The will be modified to insure units with enough bedrooms to accomodate relocated residents . 9 . Theprovisions rovisions contained in the Redevelopment Plan adopted bythe City of Miami Beach and Dade County P as relates to the payment of rent relocation benefits to displaced current residentswho are eligible for relocation assistance shall continue g effect as provided in the Plan in full force and and as implemented by Ordinance #7820 , Metropolitan P Dade County adopted as amended on April 4, 1978 , Section 6 which provides : "Relocation assistance trust fund . Out of theP roceeds of each bond sale , there shall be withdrawn, placed in trust , and separately accounted for , such sums as P Redevelopment are prescribed in the Plan to pay the costs of moving expenses and relocation benefits . " Applicant shall adopt policies whereby it will use 10 . 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 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 Applicant which will give the City or Applicant right to see booksPP g and analyze its program' s effectiveness and structure . And, furtherrovide if lawful and feasible the power to P ' 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 Cityof MiamiP Beach, Division of Transportation. The aforegoing shall be accomplished within theguidelines of Florida P o ida Statute, Chapter 323 and the appropriate Ordinance of the Cityof Miami Beach and the Metropolitan p litan Dade County relating to transportation. 18 . The applicant should consult with the Metropolitan Dade CountyTransit P Authority (MTA) to determine whether the MTA will be adversely affected bythe internal-external proposed 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 readyaccess and egress by emergencyand sanitation vehicles . If any minor roads off the loop road service only one facility, the applicant should reach an agreement PP g t 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 PP 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 ischar -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 forp approval unless waived or modified by agreement among the parties . " Page 4 of 4 pages ORIGINAL RESOLUTION NO. 85-18035 (Terminating the amended Development Order for Development of Regional Impact for the South Shore Redevelopment Plan granted to the Miami Beach Redevelopment Agency by Resolution No. 78.15705 on September 6, 1978 and amended by Resolution No. 79-15828 on February 7, 1979)