2004-25576 Reso
RESOLUTION NO. 2004-25576
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, REFERRING TO THE
PLANNING BOARD AND DESIGN REVIEW BOARD FOR
REVIEW AND RECOMMENDATION THE CONCEPT PLAN
CONTEMPLATED IN THE TERM SHEET At:JPROVED BY THE
CITY COMMISSION ON FEBRUARY 25, 2004 WITH THE
PORTOFINO AND RELATED ENTITIES FOR THE PARCELS
KNOWN AS THE ALASKA PARCEL, GOODMAN TERRACE,
THE HINSON PARCEL, BLOCKS 51 AND 52 AND BLOCK 1,
AND AUTHORIZING THE ADMINISTRATION'S EXECUTION OF
OWNER AFFIDAVITS FOR APPLICATIONS INCLUDING PUBLIC
PROPERTY FILED BY THE PORTOFINO AND RELATED
ENTITIES TO AMEND THE LAND DEVELOPMENT
REGULATIONS AND COMPREHENSIVE PLAN, CONSISTENT
WITH THE TERM SHEET.
WHEREAS, East Coastline Development, Ltd. ("East Coastline"), West Side
Partners, Ltd. ("West Side"), among others (the "Portofino Entities"), have initiated
litigation against the City of Miami Beach (the "City") and the Department of Community
Affairs, in various actions respectively claiming damages and rights under the Bert J.
Harris Private Property Rights Protection Act, other civil rights violations and other relief
in Circuit Court Case No. 98-13274 CA 01(30), and United States District Court Case
No. 01-4921-CIV-Moreno, and Florida Division of Administrative Hearings Case No. 02-
3283GM; and
WHEREAS, the Mayor and City Commission have heretofore approved a
Settlement Agreement, in concept, by and between the City and East Coastline, West
Side, and related parties, including the Related Entities (certain companies related to
The Related Group, which are successors in interest to the Portofino Entities on some
of the properties involved in such litigation), with respect to the above litigation, pursuant
to Resolution No.2004-25509, adopted on February 25,2004; and
WHEREAS, the Mayor and City Commission will consider approving a formal
Settlement Agreement to like effect in a forthcoming City Commission meeting; and
WHEREAS, the Agreement provides, among other things, for a Concept Plan
("Concept Plan") for the properties known as the Alaska Parcel, the Goodman Terrace
and Hinson Parcels, Blocks 51 and 52 and Block 1 (the "Affected Properties"), to be
considered by the Mayor and City Commission, and approved pursuant to the
Settlement Agreement; and
WHEREAS, the Concept Plan has undergone citizen review and numerous
public meetings and workshops through an ad hoc committee of concerned citizens and
staff, and all parties agree that the Concept plan should also be reviewed by the
Planning Board and the Design Review Board, for recommendation to the City
Commission; and
WHEREAS, the Term Sheet also contemplates that certain applications to
amend the Land Development Regulations and Comprehensive Plan would be filed by
the Portofino and Related Entities, and as some of such applications necessarily include
public property, the Administration seeks authorization from the City Commission to
execute owner's affidavits for applications consistent with the Term Sheet; and
WHEREAS, the execution and filing of such owner's affidavits in the City's
proprietary capacity as owner of the included public lands will in no way affect the City
Commission's and City Boards' review and consideration of such applications in their
regulatory capacity, in which the City Commission and Boards reserve full discretion to
act under applicable law,
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
That the City Commission hereby approves the referral of the Concept Plan to
the Planning Board and Design Review Board for review and recommendation as
described above, and authorizes the Administration to execute owner's affidavits on
applications to amend the Land Development Regulations filed by the Portofino and
Related Entities as contemplated in the Term Set, subject to the reservations stated
above.
PASSED and ADOPTED this26thda)j of
,2004.
im
I .m~i~~
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
It,
5- /5'-0 If
DATE
T:\AGENDA\2004\May2604\RegularlAlaskaGoodmanHinson.RESO. DOC
CllY OF MIAMI BEACH
COM\llISSION ITEM SUMMARY
m
Condensed Title:
A Resolution referring to the Planning Board and Design Review Board for review and recommendation the
Concept Plan contemplated in the term sheet approved by the City Commission on February 25,2004 with
the Portofino and Related Entities for the parcels known as the Alaska Parcel, Goodman Terrace, the
Hinson Parcel, Blocks 51 and 52 and Block 1, and authorizing the Administration's execution of owner
affidavits for applications including public property filed by the Portofino and Related Entities to amend the
Land Development ReQulations and Comprehensive Plan, consistent with the term sheet.
Issue:
Shall the Mayor and City Commission refer to the Planning Board and Design Review Board for review and
recommendation the Concept Plan contemplated in the term sheet approved by the City Commission on
February 25, 2004 with the Portofino and Related Entities for the parcels known as the Alaska Parcel,
Goodman Terrace, the Hinson Parcel, Blocks 51 and 52 and Block 1, and authorize the Administration's
execution of owner affidavits for applications including public property filed by the Portofino and Related
Entities to amend the Land Development Regulations and Comprehensive Plan, consistent with the term
sheet?
Item Summa IRecommendation:
The Mayor and City Commission have heretofore approved a "Term Sheet" (approving the settlement in
concept) for a Settlement Agreement, by and between the City and the Portofino Entities and the Related
Entities, with respect to the above litigation, pursuant to Resolution No.2004-25509, adopted on February
25, 2004.
The Term Sheet and draft Settlement Agreement contemplate that after review by the Planning Board and
the Design Review Board, a Concept Plan will be considered by the City Commission along with the
various a lications to amend the Cit 's Land Develo ment Re ulations and other ro osed actions.
Advisory Board Recommendation:
I N/A
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le islative Trackin
Christina M. Cuervo
Si n-Offs:
Department Director
T:\AGENDA\2004\May2604\Regular\AlaskaGoodmanHinson.SUM.doc
AGENDA ITEM
DATE
R1F
S;-~Co-OV
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: May 26, 2004
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez \.. /1.-'-";--
City Manager 0"'. 0
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, REFERRING TO THE PLANNING BOARD AND
DESIGN REVIEW BOARD FOR REVIEW AND RECOMMENDATION THE
CONCEPT PLAN CONTEMPLATED IN THE TERM SHEET APPROVED BY
THE CITY COMMISSION ON FEBRUARY 25, 2004 WITH THE PORTOFINO
AND RELATED ENTITIES FOR THE PARCELS KNOWN AS THE ALASKA
PARCEL, GOODMAN TERRACE, THE HINSON PARCEL, BLOCKS 51 AND
52 AND BLOCK 1, AND AUTHORIZING THE ADMINISTRATION'S
EXECUTION OF OWNER AFFIDAVITS FOR APPLICATIONS INCLUDING
PUBLIC PROPERTY FILED BY THE PORTOFINO AND RELATED ENTITIES
TO AMEND THE LAND DEVELOPMENT REGULATIONS AND
COMPREHENSIVE PLAN, CONSISTENT WITH THE TERM SHEET.
RECOMMENDATION
Adopt the Resolution.
ANALYSIS
East Coastline Development, Ltd. ("East Coastline"), West Side Partners, Ltd. ("West
Side"), among others (collectively "the Portofino Entities"), have initiated litigation against
the City of Miami Beach (the "City") and the Department of Community Affairs, in various
actions respectively claiming damages and rights under the Bert J, Harris Private Property
Rights Protection Act, other civil rights violations and other relief in Florida Circuit Court
Case No. 98-13274 CA 01(30), and United States District Court Case No. 01-4921-CIV-
Moreno, and Florida Division of Administrative Hearings Case No. 02-3283GM. Some of
the properties at issue in the litigation have been conveyed to one or more companies that
are part of The Related Group (the "Related Entities").
The Mayor and City Commission have heretofore approved a "Term Sheet" (approving the
settlement in concept) for a Settlement Agreement, by and between the City and the
Portofino Entities and the Related Entities, with respect to the above litigation, pursuant to
Resolution No.2004-25509, adopted on February 25, 2004. The Mayor and City
Commission will consider approving a formal Settlement Agreement subject to certain
approvals, at the June 9, 2004 City Commission meeting. A draft Settlement Agreement
will be circulated to you and interested parties under separate cover, with details of the
various applications and proposed actions attached to it, prior to formally presenting it to
you for approval on June 9, 2004.
May 26, 2004
City Commission Memorandum
Alaska, Goodman, Hinson Parcels - Concept Plan
Page 2 of 2
The Term Sheet and draft Settlement Agreement contemplate that after review by the
Planning Board and the Design Review Board, a Concept Plan will be considered by the
City Commission along with the various applications to amend the City's Land
Development Regulations and other proposed actions. A proposed action list and timeline
is attached for your reference. It is anticipated, assuming no continuances, final approvals
could be obtained by July 2004,
The Concept Plan will include the properties known as the Alaska Parcel, the Goodman
Terrace and Hinson Parcels, Blocks 51 and 52 and Block 1 (the "Affected Properties").
The Concept Plan has undergone citizen review and numerous public meetings and
workshops through an ad hoc committee of concerned citizens and staff. On April 7, 2004
and May 20, 2004, public meetings were held with the consulting assistance of Alex
Cooper, from the firm of Cooper and Robertson.
All parties concur that the Concept plan should also be reviewed by the Planning Board
and the Design Review Board, for recommendation to the City Commission, prior to its
approval by the Commission pursuant to the Settlement Agreement. It is contemplated
that the Concept Plan would be used as a guide in implementing the Settlement
Agreement, except that all design approvals would be in conformity with the Concept Plan
on the Affected Properties. Implementation of the development shown on the Concept
Plan would be pursuant to the terms of the Settlement Agreement.
The City Commission is also authorizing the Administration to execute the Owner's
Affidavits for applications to amend the Land Development Regulations that include public
properties, as contemplated in the term sheet. These amendments will be presented to the
City Commission for consideration pursuant to the appropriate approval process.
CONCLUSION
The Administration recommends adopting this resolution referring to the Planning Board
and Design Review Board for review and recommendation the Concept Plan contemplated
in the term sheet approved by the City Commission on February 25, 2004 with the
Portofino and Related Entities for the parcels known as the Alaska Parcel, Goodman
Terrace, the Hinson Parcel, Blocks 51 and 52 and Block 1, and authorizing the
Administration's execution of owner affidavits for applications including public property filed
by the Portofino and Related Entities to amend the Land Development Regulations and
Comprehensive Plan, consistent with the term sheet.
JMG/C~GG/GMH/rar
T:\AGENDA\2004\May2604\RegulaMlaskaGoodmanHinson.CM.doc
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