2004-25619 ResoRESOLUTION NO. 2004-25619
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING
TO CONSIDER A REQUEST BY TRG-ALASKA I LTD., AND TRG-
ALASKA III, LLC., TO AMEND THE PORTOFINO DEVELOPMENT OF
REGIONAL IMPACT (DRI) DEVELOPMENT ORDER, AS ADOPTED
BY CITY OF MIAMI BEACH ORDINANCE NO. 98-3121, BY 1) FILLING
AND BULKItEADING THE EXISTING BOAT BASIN ON THE ALASKA
PARCEL AND 2) ADDING APPROXIMATELY 7,200 SQUARE FEET OF
LANDS TO THE DRI.
WHEREAS, pursuant to chapter 380.06(19)(0, Florida Statues, the procedure to approve
a Notice of Proposed Change (NOPC) to a previously approved DRI development order requires
the developer to submit copies of the request for approval of a proposed change simultaneously
to the local govemment, the Regional Planning Council (RPC), and the Florida Department of
Community Affairs (DCA).; and
WHEREAS, the City shall give 15 days' notice and schedule a public hearing to consider
the change that the developer asserts does not create a substantial deviation no sooner than 30
days but no later than 45 days after submittal by the developer; and
WHEREAS, the public heating must be held within 90 days after submittal of the
NOPC, unless that time is extended by the developer. Most cities also have the Planning Board
make a recommendation on the proposed amendment, although not statutorily required; and
WHEREAS, at the public heating, the City must determine whether the proposed change
requires further DRI review based upon the criteria for a substantial deviation; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT a public hearing is
hereby set to be held before the City Commission on July 28, 2004.
PASSED AND ADOPTED this 7th
AT~S~ ~z
CITY CLERK
day of
July
MAYOR
APPROVED AS TO FORM
& LANGUAGE & FOR EXECUTION
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City A"[t-0me~, 0~ Date
FSPLANZSPLB\Portofino items\1671 - DRI reso set pblc hrg 7-7.DOC
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
IA Resolution of the Mayor an City Commission of the City q:Miami Beach, Florida, setting a public hearing
to consider a request by TRG-Alaska I Ltd., and TRG-Alaska Ill, LIC., to amend the Portoflno Development
of Regional Impact (DRI) Development Order, as adopted by the City of Miami Beach Ordinance No. 98-
3121, by 1) Filling and bulkheading the existing boat basin on the Alaska Parcel; and 2) adding
approximately 7,200 square feet of lands to the DRI.
Issue:
At the public hearing, the local government shall determine whether the proposed change requires further
development-of-regional-impact review.
Item Summary/Recommendation:
IIf the City determines that the proposed change does not require further review and is otherwise approved,
an amendment to the development order incorporating the approved change and conditions of approval
relating to the change shall be issued.
The Administration recommends that the City Commission set a public hearing for the July 28, 2004
meeting to make this determination.
Advisory Board Recommendation:
The Planning Board at its June 22, 2004 meeting made the following Motion: Summarize comments,
create a model that shows massing of the concept plan and recommend approval of proposed settlement
agreement. Unanimously approved 5-0.
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
IMercy Lamazares/Jorge G. Gomez
Sign-Offs:
Department Director Assistant City Manager
T:~AGENDA~004\Ju10704\Consent\1671 - DRI set pblc hrg 7-7 sum.doc
City Manager
A E.DA ri'EM C77-
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~ ~
City Manager
Portofino DRI - Notice of Proposed Change
Date: July 7, 2004
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC
HEARING TO CONSIDER A REQUEST BY TRG-ALASKA I
LTD., AND TRG-ALASKA III, LLC., TO AMEND THE
PORTOFINO DEVELOPMENT OF REGIONAL IMPACT (DRI)
DEVELOPMENT ORDER, AS ADOPTED BY CITY OF MIAMI
BEACH ORDINANCE NO. 98-3121, BY 1) FILLING AND
BULKHEADING THE EXISTING BOAT BASIN ON THE ALASKA
PARCEL AND 2) ADDING APPROXIMATELY 7,200 SQUARE
FEET OF LANDS TO THE DRI.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a public hearing for the
July 28, 2004 meeting.
BACKGROUND
The applicants, TRG-Alaska I Ltd., and TRG-Alaska III, LLC, are requesting to amend
the Portofino Development of Regional Impact (DRI) Development Order, as adopted by
City of Miami Beach Ordinance No. 98-3121, as follows:
· Fill and bulkhead existing slip (boat basin) located on the Alaska Parcel; and
Add approximately 7,200 square feet of lands purchased within ¼ mile of the
original DRI.
PROCEDURE
Pursuant to Chapter 380.06(19)(f), Florida Statutes, the procedure to approve a Notice
of Proposed Change (NOPC) to a previously approved DRI development order is as
follows:
Commission Memorandum
July 7, 2004
Porfofino DRI- NOPC
Page 2
The developer submits copies simultaneously to the local government, the
Regional Planning Council (RPC), and the Florida Department of Community
Affairs (DCA) the request for approval of a proposed change.
No sooner than 30 days but no later than 45 days after submittal by the
developer, the City shall give 15 days' notice and schedule a public hearing to
consider the change that the developer asserts does not create a substantial
deviation.
This request was submitted on May 17, 2004 for review by the Planning Board.
Notice of a public hearing before the Planning Board was published in the
Neighbors Section of the Miami Herald on June 6, 2004. In addition to that
publication, the notice of public hearing was mailed to property owners within
375 feet of the subject locations on May 21, 2004 for the June 22, 2004 Planning
Board public hearing.
The RPC or DCA will review the proposed NOPC and advise the City in writing
whether it objects to the NOPC, and specify the reasons for its objection, if any.
This notification has not been received as of the writing of this request to set a
public hearing before the City Commission.
The public hearing must be held within 90 days after submittal of the NOPC,
unless that time is extended by the developer. Most cities also have the
Planning Board make a recommendation on the proposed amendment, although
not statutorily required.
The public hearing will be held within this time frame.
At the public hearing, the City must determine whether the proposed change
requires further DRI review based upon the criteria for a substantial deviation.
If the City determines that the proposed change does not require further DRI
review and is otherwise approved, the City shall issue an amendment to the
development order (in the form of a resolution or ordinance) incorporating the
approved change and conditions of approval.
The approved development order is then transmitted to DCA and once received,
there is a 45-day appeal period during which only the owner, developer or DCA
can appeal (see Sec. 380.07, F.S.)
ANALYSIS
At the public hearing, the local government shall determine whether the proposed
change requires further development-of-regional-impact review. In reviewing the criteria
contained within Sec. 380.06(f)(19) F.S., the Administration believes that:
Commission Memorandum
July 7, 2004
Portofino DRI- NOPC
Page 3
The proposed change to the previously approved development does not create a
reasonable likelihood of additional regional impact review.
The proposed change to the development order is less than the criteria specified
in Sec. 380.06, F.S.
o The proposed change is not an extension of the date of buildout.
The proposed change is not resulting from requirements imposed by the
Department of Environmental Protection or any water management district.
The proposed change increases the acreage in the development, and according
to the criteria in the Florida Statutes, it is presumed that it will create a
substantial deviation. This presumption may be rebutted by clear and convincing
evidence. However, the additional land that is being added to the DRI
development order is innocuous.
With regard to the request to add 7,200 square feet of newly acquired land to the
original DRI, staff believes the additional square footage is innocuous; the two separate
parcels, one in Block 51 and the other in Block 52, will fill a gap in the DRI area as they
are flanked by DRI properties.
With regard to the boat basin the applicant has already started the process by
submitting applications to the regulatory agencies that would have to approve the
project. The developers certainly have that option as owners of the land. Once the
concept plan is approved, the settlement agreement signed and the proposed portion of
the Alaska parcel inclusive of the boat basin is deeded to the City, the plans is to have
an RFP for the design of the entire area, including South Pointe Park. At that time a
decision can be made for the use of the boat basin and whether it should be filled,
redesigned or incorporated into the park in some other manner.
The Planning Board, as the City's Land Planning Agency, reviewed the proposed
ordinance on June 22, 2004 and provided the following comments to the City
Commission relative to the Concept Plan and accompanying LDR amendments,
recommending adoption of the ordinance. The Design Review Board also reviewed the
proposed concept plan on June 15, 2004; their comments are included below.
PLANNING BOARD ACTION
The Board reviewed the items related to the Portofino-related settlement agreement on
June 22, 2004 and had the following comments:
Summary of Board Comments:
Allowing upzoning with a trade of land is in the best interest of the City and
mitigates the density increase in other places.
Commission Memorandum
July 7, 2004
Portofino DR/- NOPC
Page 4
Concerned about the height of Block 1 as it creates an inconsistency with the
rest of the neighborhood. The massing should be at Collins and South Pointe
Drive and not distributed throughout the entire block.
Boat basin - filling or leaving as is needs to be looked at again when there is a
cohesive plan for the park.
With respect to commercial uses, there is an anomaly at the base of Portofino
Tower if nothing else happens. Some consideration should be given to placing a
transitional element at the corner of South Pointe and Alton Road.
The pedestrian access to the waterfront through Murano should be enhanced to
work more like a public access and not a private road.
There should be a transitional use between the pedestal and the park.
Residential uses are preferred. Would like to see limited concessionary uses in
the park.
Park uses should not be micromanaged. Important to realize the land trade;
there should not be large scale commercial uses in the park.
When the park design and its programmatic uses have been developed, the plan
should be brought back to the Planning Board for review.
Points of consensus:
Importance of land swap to create bigger corridor next to basin.
Need to redistribute heights and FAR in Block 1 and deal with open court
regulations. The open courtyards in concept plan do not enhance the design of
structures.
City's use of development rights at the park's edge should be limited to civic
uses and perhaps very limited concessions that are accessory to park uses (rest
rooms, roller blade rental, water).
Need for some transitional element between pedestal and the park.
Points of less unanimity:
Re-consider distribution of uses on Block 51, in particular uses on Commerce
Street, massing and revisiting open court regulations.
Limited commercial uses along South Pointe Drive on Goodman/Hinson.
Individual concerns:
Closing alley on Block 1.
Public access from Alton Road to the park.
Commercial development on Block 52.
Motion: Summarize comments, create a model that shows massing of the concept
plan and recommend approval of proposed settlement agreement. Unanimously
approved 5-0.
Commission Memorandum
July 7, 2004
Portofino DR/- NOPC
Page 5
DESIGN REVIEW BOARD COMMENTS
The following is a summary of the comments given by the Design Review Board at the
June 15, 2004 meeting regarding the South Pointe Concept Master Plan.
Regarding the City's portion of the Alaska Parcel:
All members were strongly opposed to filling in the Boat Basin.
The Boat Basin is a valuable amenity.
There was a strong consensus against commercial development.
Available space should be used for a park and green space amenities.
Regarding the developer's portion:
Residential uses are preferred, with the exception of an accessory restaurant.
The placement of residential uses on the south side of the parking structure on
the Alaska Parcel facing the park is not desirable.
Architectural development of the parking garage elevations is the preferred
method to screen the parking on the Alaska Parcel.
The safety of the public must be addressed regarding the dead end alley which
will be created on Block 52.
The vehicular bridge connection created on Block 51 is not desirable.
Summary of Collaborative Planning Process Comments relative to Concept Plan:
As provided for in the term sheet approved by the parties on February 25, 2004, and
finalized on March 8, 2004, the Concept Plan was to be developed in coordination and
collaboration with Neighborhood Representatives. Meetings were held with the
Developer and Neighborhood Representatives on March 31, April 7, May 20, June 14,
22 and 28, 2004 in addition to public review at the Design Review Board on June 15,
2004 and at the Planning Board on June 22, 2004.
The DRB and Planning Board recommendations listed above were not adopted as
formal amendments to the Land Development Regulations. The City Commission
should discuss and consider the recommendations provided by both Boards. If further
changes to the Concept Plan are desired, the corresponding policy direction will need
to be reflected in the proposed Land Development Regulations before 2nd reading.
In summary, the Concept Plan reflects the following:
Goodman/Hinson/Alaska:
A rounded footprint of the tower and pedestal to be constructed on
Goodman/Hinson/Alaska, that allows for an expanded setback of 70 feet from and
retention of the boat basin.
Commission Memorandum
July 7, 2004
Portofino DR/- NOPC
Page 6
The City Commission should address the proposed use of the approximately 9,500 sf
of allocated FAR retained by the Developer on the Alaska parcel and determine if:
a) the Developer retains the 9,500 square feet + on the Alaska parcel as
permitted marine recreational use to be located at the south side of the tower's parking
pedestal, deeding the originally contemplated 80,450 sf of the Alaska parcel to the City,
or
b) implement the preferred neighborhood option which is to re-allocate the 9,500
square feet of FAR on Alaska to be included in the developable FAR within the tower to
be constructed on Goodman/Hinson as residential use, (resulting in an increase width
of 4 ft on each side of the building) i.e. increasing the permitted FAR from 296,000
square feet to 305,500 square feet, without any increase in the height of the proposed
building, and thereby eliminating the 9,500 square feet of potential commercial use by
the Developer within the Alaska parcel. In this scenario, the Developer would then
increase its contribution of land to the City by an additional 7,100 square feet for a total
of approximately 87,550 square feet of land to be deeded to the City.
In either scenario, the City would still retain its development rights for approximately
28,000 square feet of FAR within Alaska; such uses to be determined as part of the
planning process for the design and development of South Pointe Park.
Blocks 1, 51 & 52:
The DRB and Planning Board also commented on massing concerns on Block 1 and
Block 51 and they discussed the activation of the ground floor (or facades) facing
Commerce Street on Block 51 and Collins Avenue on Block 1. The neighborhood
sentiment is to limit any further commercialization of the area.
Again, the City Commission should consider any further changes to the Concept Plan
and the corresponding policy direction that should be reflected in the proposed Land
Development Regulation amendments before 2nd reading.
CONCLUSION
Pursuant to Section 380.06(19)(f)3., the City of Miami Beach shall give 15 days' notice
and schedule a public hearing to consider the change that the developer asserts does
not create a substantial deviation. This public hearing shall be held within 90 days after
submittal of the proposed changes, unless that time is extended by the developer.
If the City determines that the proposed change does not require further review and is
otherwise approved, an amendment to the development order incorporating the
approved change and conditions of approval relating to the change shall be issued.
Copies of such orders shall be transmitted to the DCA, the RPC, and the owner or
devel,o_l~er of the property affected by such order.
JMG/CNI~/JGG/ML
T:~AGENDA~.004~Ju10704\Consent\1671 - DRI set pblc hrg 7-7.doc