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030A-2001 LTC . ". , CITY OF MIAMI BEACH ~ HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 tlttp:\\ci.miami-b.ach.fl.us fJ L.T.C. No.~-rlnO\ LETTER TO COMMISSION February 13,'ZOOl TO: Mayor Neisen O. Kasdin and Members of the City Commission FROM: Jorge M. Gonzalez City Manager 'o~ SUBJECT: NON-SUBSTANTIVE MODIFICATION OF 1998 CONCEPT PLAN FOR SSDI NORTH On April 15, 1998, the City of Miami BeachlRDA approved a Settlement Agreement to resolve pending litigation regarding the ssm North and South parcels located on Alton Road in the South Pointe Redevelopment Area. Pursuant to this Agreement, the 1986 zoning requirements are the regulating controls for the sites. On September 23, 1998, the City Commission adopted an amendment to the Concept Plan of the Development Agreement, by and among the City, the Miami Beach Redevelopment Agency and South Shore Developers, Inc. (such amendment being hereinafter refettedto"ils the "1998 Concept Plan") for the ssm North and ssm South properties. The 1998 Concept Plan is a generalized site plan indicating the footprint, siting and orientation of the proposed structures on ssm North and ssm South, including the view corridors through the sites. With respect to the ssm North site, the 1998 Concept Plan indicates that the two tower scheme would have a maximum FAR of 3.5 plus 160,404 square feet of transferred development rights. This represents a total of 1,240,812 square feet of total development. The overall height of the north building is shown at 423'-4" and the south building has a height of 372'. It should be noted that the 1998 Concept Plan contains a scriveners' error in the height ofthe south tower. Two dimensions are shown, one is the overall height of the structure, the other is individual numbers for each element ofthe structure. The Planning Department has determined that the overall height of the structure is the sum of the individual elements which total a height of 372'. The 1998 Concept Plan also contains a sheet (page A-I 0) which indicates levels for the various sections of the stepped tower. In particular, the south building is shown to have a total of 34 stories. In the past few months, preliminary plans were submitted for Design Review Board approval that show, while the overall height ofthe south building remains at 372 feet, the structure has a total of 36 levels. Therefore, staff has reviewed the plans to determine their conformance with the 1998 Concept Plan, as required. It has been determined that the overall height of the south building is not increasing, only the number of levels have changed. This increase in the number of levels will not increase the approved FAR for the site. The general siting and orientation of the proposed towers also remain consistent with the Concept Plan. Therefore, while the change in levels does not result in an increase in density or intensity, the change in number oflevels is a factual modification to the original Exhibit/Sheet A-lO ofthe approved Concept Plan. . Modifications of Concept Plan for SSDI North February 9, 2001 . Page 2 Additionally, there are other modifications which staff believes improve the urban context of the proposed development. The pedestal height is reduced and more importantly its mass is ,\lso significantly diminished. This creates the opportunity to enhance the public spaces within the site and the "urban edges" of the structure. Since the term "substantial modification" is not defined in the Settlement Agreement, the Administration and the City Attorney's Office reviewed the 1998 Concept Plan and the foolnote contained therein that states: "This 1998 Concept Plan constitutes a generalized conceptual plan indicating the siting and orientation of certain proposed structures on the SSD1 North and SSD1 South parcels, pursuant to the terms of the 1998 Settlement Agreement between Portofmo and the City. The Concept Plan is not intended to constitute a detailed approval of the structures shown thereon. Nor is it intended to approve any particular use of the property or structures. Design details shall be addressed in subsequent submittals to D.R.B. as to the matters within their criteria for review. Substantial modifications to the Concept Plan, as determined by staff, shall be reviewed and approved by the City Commission. Once the 1998 Concept Plan has been approved by the City (the "Approved Concept Plan"), then all subsequent action taken by the City in connection with any other requested development approvals regarding SSD1 North and SSD1 South must be consistent with the Approved Concept Plan and this notation. And the City shall not, directly or indirectly, deny approval of individual site plans arising therefrom based upon any alleged or perceived density or intensity criteria as long as the 1998 Concept Plan, individual site plans arising tberefrom or proposed modifications or amendments thereto are in compliance with the permitted density and intensity set forth in Paragrapb 2.4 oftbe 1998 Settlement Agreement (permissible 3.5 F.A.R.-2,090,144 square feet approximately pins 160,404, square feet of transferred development rights to SSDI North." This would imply that modifications arising from more detailed plans would not necessarily constitute substantial modifications. In this case, the number oflevels increase because the floor to floor heights are designed to conform to market standards for residential development as opposed to office development, which results in more levels created within the same overall height. The Concept Plan further states that the City shall not deny approval of individual site plans arising from the 1998 Concept Plan as long as said plans, modifications of amendments are in compliance with the permitted density and intensity as set forth in the 1998 Settlement Agreement. This would indicate that changes can be made to the Concept Plan as long as the maximum allowed floor area is not increased. As stated earlier, the proposed preliminary plans will not increase the FAR as prescribed in the Settlement Agreement. As additional consideration, Portofino has agreed to accomplish all development necessary, i.e. application to Army Corps and fill required to complete a continuous baywalk development along the SSDI South and North parcels, exclusive of the seawall. Furthermore, the City has relocated the bulk of the utilities in the "Diamond C" parcel. An existing FPL line that feeds Portofino Tower will remain on-site, as agreed to by Portofino and any relocation will no longer be the City's responsibility and will be deferred until future development is proposed, if ever. Based on the foregoing, the Administration finds that the modification in number of levels, although a factual change to the 1998 Concept Plan, is not a substantial modification to the 1998 Concept Plan. If you have any comments, questions or a different interpretation than the interpretation as stated herein, please contact me or provide your comments prior to February 14, 2001. JMG/c~IGlrar F:\CMGR\$ALL\RAR\LTC\SSDINOR.MOD