97-22288 RESO
RESOLUTION NO. 97-22288
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIA~,lI
BEACH, FLORIDA, APPROVING THE TRANSMITTAL, PURSUANT TO CHAPTERS
163 AND 380, FLORIDA STATUTES, OF THE APPLICATION AND ALL APPLlCA!.3L=
DOCUMENTS RELATING TO: 1) THE AMENDMENTS TO THE FUTURE LAND US=
MAP OF THE CITY OF MIAMI BEACH, FLORIDA YEAR 2000 COMPREHENSIVE PLA \J
BY INCLUDING A NEW FUTURE LAND USE MAP CATEGORY TO BE ENTITLE)
"DAO (DEVELOPMENT AGREEMENT OVERLAY)"; 2) THE AMENDMENTS TO THE
FUTURE LAND USE MAP OF THE CITY OF MIAMI BEACH, FLORIDA YEAR 20CO
COMPREHENSIVE PLAN FOR THE PROPERTIES KNOWN AS THE "FORMER Pl,R<
PARCEL" BY CHANGING THE LAND USE DESIGNATION FROM HOS
(RECREATION AND OPEN SPACE) TO C-PS4 (COMMERCIAL INTENSIVE PHASE)
BAYSIDE) AND DAO (DEVELOPMENT AGREEMENT OVERLAY), BY CHANG!IN:;
THE "FEDERAL TRIANGLE PARCEL" FROM ROS (RECREATION AND OPE\!
SPACE) TO C-PS3 (COMMERCIAL INTENSIVE MIXED USE) AND DA)
(DEVELOPMENT AGREEMENT OVERLAY), BY CHANGING THE "ALASKA PARCEl.."
FROM MR (MARINE RECREATIONAL) AND ROS (RECREATION AND OPE\!
SPACE) TO C-PS3 (COMMERCIAL INTENSIVE MIXED USE) AND DA)
(DEVELOPMENT AGREEMENT OVERLAY), BY CHANGING THE "WATER TOVlE ~
TRIANGLE PARCEL" FROM PF (PUBLIC FACILITY) TO C-PS1 (COMMERCI.AL
LIMITED MIXED USE) AND DAO (DEVELOPMENT AGREEMENT OVERLAY), AN)
BY ADDING THE FUTURE LAND USE CATEGORY DESIGNATION OF DA)
(DEVELOPMENT AGREEMENT OVERLAY) TO THE "CORE PARCEL", --H=
"MICHIGAN AND JEFFERSON PARCELS", THE "DIAMOND C PARCEL", THE "EN)
PARCELS", THE "MARINA PARCEL", THE "OCEAN PARCEL", THE "101/115/1:5
PARCELS", A PORTION OF FIRST STREET, THE "PIER PARK PARCEL", THE "SSDI
NORTH PARCEL", THE "SSDI SOUTH PARCEL", THE "211 PARCEL", THE "HINSO\!
PARCEL", THE "GOODMAN TERRACE PARCEL" AND THE "404 PARCEL",~LL
PROPERTIES MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTIONS
ATTACHED TO THE RESOLUTION; AND 3) THE AMENDMENTS TO PART II: GO)\Ui,
OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH YEAR 20CO
COMPREHENSIVE PLAN, AS AMENDED, BY ADDING A CATEGORY TO B=
ENTITLED "DEVELOPMENT AGREEMENT OVERLAY CATEGORY" TO POLICY 1.2
OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LJ\N)
USE ELEMENT AND BY ADDING OBJECTIVE 11 AND RELATED POLICIES TO --H=
LAND USE ELEMENT TO BE ENTITLED "OBJECTIVE 11: DEVELOPMENT
AGREEMENTS", PROVIDING THAT THE COMPREHENSIVE PLAN SHALL PROVID=
THAT WHEN PROPERTIES ARE GOVERNED BY CHAPTER 163, FLORID'~
STATUTES, DEVELOPMENT AGREEMENTS, THE PROVISIONS OF --H=
DEVELOPMENT AGREEMENT SHALL CONTROL FOR TERMS, PROVISION~i,
MATTERS OR ISSUES SPECIFICALLY ADDRESSED AND APPROVED IN SAI)
AGREEMENT; PROVIDING FOR TRANSMITTAL AND REQUESTING REVE\V
PURSUANT TO SECTION 163.3184(6)(A), FLA. STAT.
1
WHEREAS, the City of Miami Beach entered into a Development
Agreement dated November 7, 1995 (hereinafter the "Development
Agreement") with the City of Miami Beach Redevelopment Agency and the
Portofino Entities in order to resolve certain controversies and litigation
involving certain property within the City and the South Po nte
Redevelopment Area; and
WHEREAS, the proposed amendments to the Adopted
Comprehensive Plan are in furtherance of the requirements of the
Development Agreement; and
WHEREAS, Chapter 163, Florida Statutes, requires that amendment s
to the Comprehensive Plan be transmitted to the Department of Communit y
Affairs and affected agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITy
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that:
Section 1. The City Commission approves the transmittal pursuant to
Chapters 163 and 380, Florida Statutes, of the application and all applicablie
documents relating to: 1) the amendments to the Future Land Use map of
the City of Miami Beach, Florida Year 2000 Comprehensive Plan ty
including a new Future Land Use map category to be entitled "DAII)
(Development Agreement Overlay)"; 2) the amendments to the Future Land
Use map of the City of Miami Beach, Florida Year 2000 Comprehensive
Plan for the properties known as the "Former Park Parcel" by changing tre,
land use designation from ROS (Recreation and Open Space) to C-PS4
(Commercial Intensive Phased Bayside) and DAO (Development Agreement
Overlay), by changing the "Federal Triangle Parcel" from ROS (Recreatic n
and Open Space) to C-PS3 (Commercial Intensive Mixed Use) and DA'i)
(Development Agreement Overlay), by changing the "Alaska Parcel" fl'om
MR (Marine Recreational) and ROS (Recreation and Open Space) to C-PS3
(Commercial Intensive Mixed Use) and DAO (Development Agreement
Overlay), by changing the "Water Tower Triangle Parcel" from PF (Publ c
Facility) to C-PS 1 (Commercial Limited Mixed Use) and DAO (Development
Agreement Overlay), and by adding the Future Land Use cate~:lol'Y
2
designation of DAO (Development Agreement Overlay) to the "Core Parcel',
the "Michigan And Jefferson Parcels", the uDiamond C Parcel", the "End
Parcels", the uMarina Parcel", the uOcean Parcel", the u101/115/155
Parcelsu, a portion of First Street, the "Pier Park Parcel", the "SSDI North
Parcel" the uSSDI South Parcel" the "211 Parcel" the "Hinson" Parcel tre
, ' ' '
"Goodman Terrace Parcel" and the "404 Parcel", all properties more
particularly described in the legal descriptions attached to the resolution; and
3) the amendments to Part II: Goals, Objectives and Policies of the City of
Miami Beach Year 2000 Comprehensive Plan, as amended, by adding a
category to be entitled "Development Agreement Overlay Category" ':0
Policy 1.2 of Objective 1: Land Development Regulations of the Future Land
Use Element and by adding Objective 11 and Related Policies to the Land
Use Element to be entitled "Objective 11: Development Agreements-",
providing that the Comprehensive Plan shall provide that when propertiEls
are governed by Chapter 163, Fla. Stat., Development Agreements, the
provisions of the Development Agreement shall control for terms, provisions,
matters or issues specifically addressed and approved in said Agreement;
providing for transmittal and requesting review pursuant to section
163.3184(6)(a), Fla. Stat. And further, the City Commission of the City of
Miami Beach hereby requests that the state land planning agency review the
plan amendments transmitted herewith, pursuant to section 163.3184(6)(a),
Fla. Stat., and issue a report of its objections, recommendations and
comments regarding these proposed plan amendments.
Section 2. The Administration is instructed to transmit a copy of this
Resolution and all applicable documents immediately to all necessc:J)I
agencies as required by law.
ATTEST:
Ro~~ ~iLl~
CITY CLERK
,1997.
PASSED and ADOPTED this 5th day of
-
APPROVED ItS TO
FORM & lANG~i31
& FOR EXECUTlOIN
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LEGAL DESCRIPTIONS
ALASKAN PARCEL
A parcel of land and accreted land located in Section 10 Township
54 South, Range 42 East, Dade County, Florida, and being more
particularly described as follows:
For a Point of Beginning commence at a 10-inch-square concrete
monument located on the northerly boundary of the U.S. Army Corps
of Engineers Reservation, being the westernmost corner of Lot 6,
Block 4, of South Beach Park Subdivision as shown in Plat book 6,
Page 77, of the public records of Dade County; said monument
designated --C" having grid coordinates of X-784,440.39 and Y-
521,912.47. Said monument also lies approximately South 24
degrees 27'26" West a distance of 592.30 feet South of and North
65 degrees 36'16" East of a distance of 554.97 feet West of the
northeast corner of the northwest 1/4 of Section 10, Township 54
South Range 42 East. From said Point of Beginning run thence
South 24 degrees 25'50" West a distance of 420.43 feet, more or
less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the --Government cut" for the entrance channel of
the Miami Harbor; thence North 65 degrees 35'19" West along
said M.H.W. line a distance of 261.59 feet to a point on a
bulkhead; thence North 31 degrees 08'28" West along said
bulkhead a distance of 242.83 feet to U.S. Army Corps of
Engineers Monument "Virgil" having a grid coordinate of X-
783,902.72 and Y-521,845.63; thence North 57 degrees 41'41"
East a distance of 226.20 feet to Monument --West" having a grid
coordinate of X-784,093.91 and Y-521,966.52; thence North 87
degrees 38'37" East a distance of 208.58 feet to Monument --G",
having a grid coordinate of X-784,302.32 and Y-521,975.14;
thence South 65 degrees 35'12" East a distance of 151.63 feet to
Monument --C' and the Point of Beginning.
CORE PARCEL
All of Lots 22 through 29, inclusive, and Lot 21, less the
southerly 40 feet thereof, in Block 111, of OCEAN BEACH FLORIDA
ADDITION NO.3, according to the Plat thereof, recorded in Plat
Book 2, Page 81, of the Public Records of Dade County, Florida;
together with a 40-foot right-of-way on the Bay side of Rebecca
and Hope Tower property, (being Lots 15 through 20 inclusive and
the southerly 40 feet of Lot 21 in Block 111, of OCEAN BEACH
FLORIDA ADDITION NO.3); together with an easement over or
under and upon the westerly 100 feet of Lots 30 and 31, all in
Block 111, OCEAN BEACH FLORIDA ADDITION NO.3, as recorded in
Plat Book 2, page 81, of the Public Records of Dade County,
Florida. Together with: The West 2 feet of Lots 15 through 20,
inclusive, and the westerly 40 feet of the southerly 40 feet of
Lot 21, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO.3,
according to the Plat thereof as recorded in Plat Book 2, Page
81, of the Public Records of Dade County, Florida.
DIAMOND C PARCEL
PHARR T RF.MATNOF.R
Commence (P.O.C.) at the Southeasterly intersection of Biscayne
Street (Formerly Biscayne Avenue) and Washington Avenue, as said
Avenue and Street are shown on South Beach Park Subdivision,
recorded in Plat Book 6, at page 77 of the public records of Dade
County, Florida; thence S. 10047'35" W., 6.16 feet to the
Southerly line of a 6,00 foot Roadway Dedication for Biscayne
Street; thence N. 87038'57" E. along the Southerly line of said
dedication recorded in O.R. Book 12566, at page 2914 of the
public records of Dade County, Florida, 364.79 feet to the Point
of Beginning (P.O.B.) of the hereinafter described Phase I;
thence s. 10047'35" W., 70.93 feet thence N. 87038'57" E.,
93.21 feet; thence N. 2021'03" W., 4.00 feet; thence N.
87038'57" E., 14.10 feet; thence S. 2021'03" E., 4.00 feet;
thence N. 87038'57" E., 81.37 feet; thence S. 2021'03" E.,
85.815 feet; thence run S. 62018'04" W., 24.53 feet; thence S.
27041'56" E., 18.00 feet; thence N. 62018'04" E., 2.00 feet;
thence S. 27041'56" E., 38.33 feet; thence S. 62018'04" W.,
1
2.00 feet; thence S. 27041'56" E., 116.74 feet; thence N.
62018'04" E., 27.00 feet; thence S. 27041'56" E., 16.67 feet;
thence S. 62018'04" W., 27.00 feet; thence S. 27041'56" E.,
29.33 feet; thence S. 62018'04" W., 145.65 feet; thence S.
27041'56" E., 12.00 feet; thence S. 62018'04" W., 27.93 feet;
thence S. 27041'56" E., 43.555 feet; thence S. 24023'44" W.,
40.00 feet to the Southerly line of said South Beach Park
subdivision; thence N. 65036'16" W., 352.64 feet along the said
Southerly line; thence run N. 24023'44" E., 40.00 feet along
the dividing line between Phase I and Phase III. The following 4
courses are on the said dividing line; thence run N. 27041'56"
W., 29.35 feet; thence N. 62018'04" E., 81.58 feet; thence N.
27041'56" W., 158.00 feet; thence N. 62018'04" E., 134.43
feet; thence N. 10047'35" E., 69.213 feet to the above
referenced Southerly line of the 6.00 foot Roadway Dedication;
thence N. 87038'57" E., along said Southerly line, 73.08 feet to
the Point of Beginning (P.O.B.)
LESS PHASE I FOOTPRINT (a/k/a SOUTH POINT TOWER I CONDOMINIUM)
DESCRIBED AS FOLLOWS:
Commence at the S. E. corner of Washington Avenue and Biscayne
Street, as said Avenue and Street are shown on SOUTH BEACH PARK
SUBDIVISION, Recorded in Plat Book 6 at Page 77 of the Public
Records of Dade County, Florida, and run S. 10047'35" W. along
the Easterly line of Washington Avenue, a distance of 238.22 feet
to a point; Thence run S. 2021'03" E. along the Easterly line
of Washington Avenue, a distance of 40.31 feet to the
intersection of the Northerly line of the GOVERNMENT RESERVATION,
Recorded in O.R. Book 10271 at Pages 1068 and 1069 of the Public
Records of Dade County, Florida, said Northerly line also being
the Southerly line of said SOUTH BEACH PARK SUBDIVISION; Thence
run S. 65035'12" E. along the Southerly line of SOUTH BEACH
PARK, a distance of 16.00 feet to Monument "C"; Thence run S.
65036'16" E. along the Southerly line of said SOUTH BEACH PARK,
a distance of 475.72 feet to a point; Thence run N. 24023'44"
E., a distance of 50.70 feet to the Point of Beginning (P.O.B.),
being the Southwest corner of the first level of the residential
condominium building constituting South Pointe Towers I;
All of the following courses are along the exterior wall, or its
projection, of said building; Thence run N. 27041' 56" W., a
distance of 199.67 feet; Thence run N. 62018'04" E., a distance
of 21.83 feet; Thence run S. 27041'56" E., a distance of 1.50
feet; Thence run N. 62018' 04" E., a distance of 11. 70 feet;
Thence run N. 27041'56" W., a distance of 10.66 feet; Thence
run N. 62018'04" E., a distance of 27.13 feet; Thence run S.
27041'56" E., a distance of 219.00 feet; Thence run S.
62018'04" W., a distance of 15.93 feet; Thence run S.
27041'56" E., a distance of 4.00 feet; Thence run S. 62018'04"
W., a distance of 14.08 fe.et; Thence run N. 27041' 56" W., a
distance of 14.17 feet; Thence run S. 62018'04" W., a distance
of 8.83 feet; Thence run S. 27041'56" E., a distance of 5.17
feet; Thence run S. 62018'04" W., a distance of 10.33 feet;
Thence run N. 27041'56" W., a distance of 5.17 feet; Thence run
S. 62018'04" W., a distance of 11.49 feet to the Point of
Beginning (P.O.B.).
Area of Building described contains 12,758 square feet, more or
less, or 0.293 acres, more or less.
PHARR ITT PARC-RT,
Commence (P.O.C.) at the Southeasterly intersection of Biscayne
Street (formerly Biscayne Avenue) and Washington Avenue, as said
Street and Avenue are shown on South Beach Park Subdivision,
recorded in Plat Book 6, at page 77 of the public records of Dade
County, Florida; thence N. 87038'57" E., along the Southerly
line of said Biscayne Street, 291.65 feet; thence S. 10047'35"
W., along the dividing line between Commercial Parcel NO.1 and
Phase I, 69.27 feet to the Point of Beginning (P.O.B.) of Phase
III, described as follows: The following 3 courses are on the
dividing line between Commercial Parcel No. 1 and Phase III;
2
2
thence run N. 79012'25" W., 6.40 feet; thence S. 87038"57"
W., 249.018 feet; thence S. 62018'04" W., 44.865 feet to the
Easterly line of Washington Avenue referenced above; The
following 2 courses are on the Easterly line of Washington
Avenue; thence S. 10047'35" W., 150.72 feet; thence S.
2021'03" E., 40.31 feet to the Southerly line of the above
referenced South Beach Park Subdivision; thence S. 65035 '12"
E., 16.00 feet; thence S. 65036'16" E., 203.12 feet along the
said Southerly line; The following 6 courses are on the dividing
line between Phase I and Phase III; thence run N. 24023'44" E.,
40.00 feet; thence N. 27041'56" W., 29.35 feet; thence N.
62018'04" E., 81.58 feet; thence N. 27041'56" W., 158.00 feet;
thence N. 62018'04" E., 134.43 feet; thence N. 10047'35" E.,
6.103 feet to the Point of Beginning (P.O.B.)
LRGAL DRSrRTPTTON OF rOMMRRrTAL PARrRT, NO 1
Commence (P.O.C.) at the Southeasterly corner of Biscayne Street
(Formerly Biscayne Avenue) and Washington Avenue, as said Street
and Avenue are shown on South Beach Park Subdivision, recorded in
Plat Book 6, at page 77 of the public records of Dade County,
Florida, and run S. 10047'35" W. along the Easterly line of
Washington Avenue, a distance of 6.16 feet to a point on the
Southerly line of existing Biscayne Street, as said line was
created by a 6.00 foot roadway dedication, said dedication
recorded in Official Record Book 12566, at page 2914 of the
public records of Dade County, Florida, said point being the
Point of Beginning (P.O. B.) of Commercial Parcel No.1; thence
run N. 87038'57" E., along the Southerly line of said
dedication, along the existing Southerly line of Biscayne Street,
a distance of 291.65 feet; thence run S. 10047'35" W., a
distance of 63.11 feet; thence run N. 79012'25" W., a distance
of 6.40 feet; thence run S. 87038'57" W., a distance of 249.018
feet; thence run S. 62018'04" W., a distance of 44.865 feet to
a point on the Easterly line of aforesaid Washington Avenue;
Thence run N. 10047'35" E., along the Easterly line of
Washington Avenue, a distance of 81.34 feet to the point of
Beginning (P.O.B.).
LEGAT, DEsrRTPTTON OF rOMMF.RrTAL PARrEL NO 2
Commence (P.O.C.) at the Southeasterly corner of Biscayne Street
(Formerly Biscayne Avenue) and Washington Avenue, as said Street
and Avenue are shown on South Beach Park Subdivision, recorded in
Plat Book 6, at page 77 of the public records of Dade County,
Florida, and run S. 10047'35" W. along the Easterly line of
Washington Avenue, a distance of 6.16 feet to a point on the
Southerly line of a 6.00 foot roadway dedication, said dedication
recorded in Official Record Book 12566, at page 2914 of the
public records of Dade County, Florida; thence run N. 87038'57"
E. along the Southerly line of said 6.00 foot dedication, along
the existing Southerly line of Biscayne Street, a distance of
638.266 feet to the Point of Beginning (P.G.B.) of Commercial
Parcel No.2; thence run S. 10047'35" W., a distance of 70.93
feet; thence run S. 87038'57" W., a distance of 166.226 feet;
thence run N. 2021'03" W., a distance of 4.00 feet; thence run
S. 87038'57" W., a distance of 14.10 feet; thence run S.
2021'03" E., a distance of 4.00 feet; thence run S. 87038'57"
W., a distance of 93.21 feet; thence run N. 10047'35" E., a
distance of 70.93 feet to the existing Southerly line of the 6.00
foot dedication; thence run N. 87038'57" E. along the existing
Southerly line of Biscayne Street, a distance of 273.536 feet to
the Point of Beginning (P.O.B.).
MASTER PARrF.L TNFRASTRUrTTJRE
Commence (P.O.C.) at the Southeasterly corner of Biscayne Street
(Formerly Biscayne Avenue) and Washington Avenue, as said Street
and Avenue are shown on South Beach Park Subdivision, recorded in
Plat Book 6, at page 77 of the public records of Dade County,
Florida, and run N. 87038'57" E. along the Southerly line of
said
Biscayne Street, a distance of 638.266 feet; thence run S.
10047'35" W., a distance of 77.09 feet to the point of Beginning
(P.O.B.l of the Master Parcel Infrastructure; thence continue S.
3
3
10047'35" W. , a distance of 88.124 feet; thence run
S.87038'57" W. , a distance of 64.817 feet; thence run N.
2021'03" W., a distance of 85.815 feet; thence run N.
87038'57" E., a distance of 84.856 feet to the Point of
Beginning (P.O.B.) .
END PARCELS
A portion of Lots 1 and 2, in Block 51, of the Plat of OCEAN
BEACH FLA. ADDITION NO.3, as recorded in Plat Book 2, at Page
81, of the Public Records of Dade County, Florida, more
particularly described as follows:
Begin at the Northwesterly corner of said Lot 2; thence N
77013'28" E along the Northerly line of said Lots 1 and 2 for a
distance of 33.49 feet to a point, said point being 40 feet West
of the East line of said Lot 1 measured at right angles to said
line; thence S 00000 '32" W along a line 40 feet West of and
parallel with the East line of said Lot 1 measured at right
angles to said line, a distance of 102.54 feet to a point on the
South line of said Lot 2; thence S 77013' 28 " W along the
Southerly line of said Lot 2 a distance of 10.81 feet to the
Southwesterly corner of said Lot 2; thence N 12046'09" W along
the Westerly line of said Lot 2 a distance of 100.00 feet to the
POINT OF BEGINNING.
All of the above lying and being in Section 3, Township 54 South,
Range 42 East, City of Miami Beach, Dade County, Florida.
A portion of Lot 18 and the 10 foot walk adjacent thereto, Block
51 of the Plat of OCEAN BEACH FLA. ADDITION NO.3, as recorded in
Plat Book 2, at Page 81, of the Public Records of Dade County,
Florida, more particularly described as follows:
That portion of said Lot 18 and the 10 foot walk adjacent thereto
lying Easterly and Northerly of the following described line;
begin at a point on the Northerly line of said Lot 18, said point
being 0.39 feet Easterly of the Northwesterly corner of said Lot
18; thence S 12046'09" E, parallel with and 0.39 feet Easterly
of the Westerly line of said Lot 18 for 74.85 feet to a point of
non-tangential curve leading to the left and concave to the
Northeast, having a radius of 47.50 feet and whose radius point
bears N 68024' 46" E; thence Southerly and Easterly through a
central angle of 37027'59" for an arc distance of 31.06 feet to
a point on the Southerly line of said Lot 18 and on the Northerly
line of a 10 foot walkway as shown on said plat of OCEAN BEACH
FLA. ADDITION NO.3, said point being also a point of compound
curve having a radius of 45.00 feet; thence Southerly and
Easterly through a central angle of 23025'51" for an arc
distance of 18.40 feet to a point on the Southerly extension of
the Easterly line of said Lot 18, said point being 9.78 feet
Southerly of the Southeasterly corner of said Lot 18 and the
TERMINAL POINT of the herein described line.
All of the above lying and being in Section 3, Township 54 South,
Range 42 East, City of Miami Beach, Dade County, Florida.
Lot 15 and a portion of Lot 16, Block 51, of the plat of OCEAN
BEACH FLA. ADDITION NO.3, as recorded in plat Book 2, at Page
81, of the Public Records of Dade County, Florida, more
particularly described as follows:
Lot 15 and that portion of Lot 16 lying Easterly of the following
described line; commence at the Northwesterly corner of said Lot
16; thence N 77013'28" E along the Northerly line of said Lot
16 for 28.00 feet to a point of non-tangential curve, said point
being the POINT OF BEGINNING of the herein described line; said
point of non-tangential curve leading to the left and concave to
the East and having a radius of 35.00 feet and whose radius point
bears S 51057'45" E; thence Westerly and Southerly through a
central angle of 71032'39" for an arc distance of 43.70 feet to
a point of non-tangential curve leading to the right and concave
to the West having a radius of 225.00 feet and whose radius point
4
4
bears S 57052'43" W; thence Southerly and Easterly through a
central angle of 12039' 48" for an arc distance of 4 9 . 73 feet;
thence S 16014'19" E for 12.15 feet to a point on the South line
of said Lot 16, said point being the TERMINAL POINT on the herein
described line.
All of the above lying and being in Section 3, Township 54 South,
Range 42 East, City of Miami Beach, Dade County, Florida.
A portion of Lots 29 and 30 and the 10 foot walk adjacent
thereto, in Block 51 of the Plat of OCEAN BEACH FLA. ADDITION NO.
3, as recorded in Plat Book 2, at Page 81, of the Public Records
of Dade County, Florida, more particularly described as follows:
Begin at the Northwesterly corner of said Lot 29; thence N
77013'28" E along the Northerly line of said Lots 29 and 30 a
distance of 55.15 feet to a point; thence S 00037'13" W for a
distance of 112.35 feet to a point on the Southerly line of a 10
foot walk shown on said Plat of OCEAN BEACH ADDITION NO.3,
thence S 76052' 58" W along the southerly line of said 10 foot
walk a distance of 31.51 feet to its intersection with the
Southerly extension of the Westerly line of said Lot 29; thence
N 12046' 09" W along said Southerly extension and along the
Westerly line of said Lot 29 a distance of 110.02 feet to the
POINT OF BEGINNING.
All of the above lying and being in Section 3, Township 54 South,
Range 42 East, City of Miami Beach, Dade County, Florida.
Lot 3 and a portion of Lots 1 and 2, Block 52, of the Plat of
OCEAN BEACH FLA. ADDITION NO.3, as recorded in Plat Book 2, at
Page 81, of the Public Records of Oade County, Florida, more
particularly described as follows:
Begin at the Northwesterly corner of said Lot 3; thence N
77013'28" E along the Northerly line of said Lots 1, 2 and 3 a
distance of 69.26 feet to a point, said point being 40 feet West
of the East line of said Lot 1 as measured at right angles to
said line; thence S 00000'32" W along a line 40 feet West of,
measured at right angles, and parallel with the East line of said
Lot 1 for a distance of 102.54 feet, to a point on the Southerly
line of said Lot 2; thence S 77013' 28" W along the Southerly
line of said Lots 2 and 3 a distance of 46.58 feet to the
Southwesterly corner of said Lot 3; thence N 12046'09" W along
the Westerly line of said Lot 3 a distance of 100.00 feet to the
POINT OF BEGINNING.
All of the above lying and being in section 3, Township 54 South,
Range 42 East, City of Miami Beach, Dade County, Florida.
A portion of Lots 34 and 35 of Block 52 of the Plat of OCEAN
BEACH FLA. ADDITION NO.3, as recorded in Plat Book 2, at Page
81, of the Public Records of Dade County, Florida, more
particularly described as follows:
Begin at the Northwesterly corner of said Lot 34; thence N
77013'28" E along the Northerly line of said Lots 34 and 35 a
distance of 42.04 feet to a point being 40 feet West of the East
line of said Lot 35 as measured at right angles to said line;
thence S 00000'32" W along a line 40 feet West of and parallel
with the East line of said Lot 35, measured at right angles to
said line, a distance of 102.54 feet to a point on the Southerly
line of said Lot 34; thence S 77013'28" W a distance of 19.36
feet to the Southwesterly corner of said Lot 34; thence N
12046'09" W along the Westerly line of said Lot 34 a distance of
100.00 feet to the POINT OF BEGINNING.
All of the above lying and being in Section 3, Township 54 South,
Range 42 East, City of Miami Beach, Dade County, Florida.
FEDERAL TRIANGLE PARCEL
5
5
For a Point of Reference commence at monument --C" as described
in the Legal Description for South Pointe Park, run thence along
the northeasterly line of the U. S. Corps of Engineers
Reservation, North 650 32' 12" west, a distance of 151.63 feet,
more or less, to a steel pin set in concrete, designated monument
"G"; thence run South 87038' 37" West a distance of 208.58
feet along the northeasterly Northwesterly boundary of the U.S.
Corps of Engineers Reservation to monument --West", having
coordinates of X-784,093.91 and Y-521,966.52, said point being
the Point of Beginning of the tract being described herein.
From said Point of Beginning, run thence South 57041'41" West; a
distance of 226.20 feet to U. S. Corps of Engineers monument
"Virgil", having coordinates of X-783,902.72 and Y-521,845.63;
thence continue South 57041'41" West a distance of 4.0 feet,
more or less, to the face of an existing steel bulkhead and the
approximate north shore of the Entrance Channel to Miami Harbor;
thence run Northwesterly along the north shore of Miami Harbor on
an approximate bearing of North 32005'08" West, a distance of
132.34' more or less, to a point which lies South 87038'37"
West, a distance of 265.09 feet from monument "West"; thence
run North 87038'37" East along the Northwesterly boundary of the
U. S. Corps of Engineers Reservation passing through a concrete
monument designated "F" at a distance of 121 feet, more or
less, for a total distance of 265.09 feet to monument --West",
and the point of Beginning.; also being described as follows:
A triangular portion of land lying and being in Section 10,
Township 54 South, Range 42 East, Dade County, Florida. Bounded
on the North by the South line of Lot 3, .Block 8 of "South Beach
Park Subdivision" Plat Book 6, Page 77 Public Records of Dade
County Florida, Bounded on the West by the Biscayne Bay and
Bounded on the South by the North line of the Eskimo Parcel, said
Eskimo Parcel being described as follows:
For a Point of Beginning commence at a 10-inch-square concrete
monument located on the northerly boundary of the U.S. Army Corps
of Engineers Reservation, being the westernmost corner of Lot 6,
Block 4, of South Beach Park Subdivision as shown in Plat book 6,
Page 77, of the public records of Dade County; said monument
designated "C" having grid coordinates of X-784, 440.39 and Y-
521,912.47. Said monument also lies approximately South 24
degrees 27'26" West a distance of 592.30 feet South of and North
65 degrees 36'16" East of a distance of 554.97 feet West of the
northeast corner of the northwest 1/4 of Section 10, Township 54
South Range 42 East. From said Point of Beginning run thence
South 24 degrees 25'50" West a distance of 420.43 feet, more or
less, to the Mean High Water (M.H.W.) line of the northerly
shoreline of the "Government Cut " for the entrance channel of
the Miami Harbor; thence North 65 degrees 35' 19 " West along
said M.H.W. line a distance of 261.59 feet to a point on a
bulkhead; thence North 31 degrees 08'28" West along said
bulkhead a distance of 242.83 feet to U.S. Army Corps of
Engineers Monument "Virgil" having a grid coordinate of X-
783,902.72 and Y-521,845.63; thence North 57 degrees 41'41"
East a distance of 226.20 feet to Monument --West" having a grid
coordinate of X-784,093.91 and Y-521,966.52; thence North 87
degrees 38'37" East a distance of 208.58 feet to Monument --G",
having a grid coordinate of X-784,302.32 and Y-521,975.14;
thence South 65 degrees 35'12" East a distance of 151.63 feet to
Monument --C' and the Point of Beginning.
404 PARCEL
Lots 3, 4 and 5, Block 49, OCEAN BEACH ADDITION NO.3, according
to the Plat thereof, as recorded in Plat Book 2, at Page 81 of
the Public Records of Dade County, Florida.
GOODMAN TERRACE PARCEL
Part of the Northwest quarter of Section 10, Township 54 South,
Range 42 East, described as follows:
6
6
Begin in North line of Section 10, which line is also South line
of Biscayne Street at its intersection with East line of
Jefferson Avenue extended; then South in line drawn at right
angles to South line of Biscayne Street 132 feet, thence, East in
line drawn parallel with South line of Biscayne Street to West
line of Washington Avenue; thence, North along West line of
Washington Avenue to its intersection with South line of Biscayne
Street; thence, West along South line of Biscayne Street to point
of beginning. Also described as: all that part of North 132.0
feet of Section 10-54-42 known as Smith Cottages Tract and also
as Tract B and bounded on North by North line of Section 10; on
West by East line of Jefferson Avenue extended; on South by line
parallel to and 132' South of North line of Section 10; on East
by West line of Washington Avenue extended.
HINSON PARCEL
BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6,
at Page 77, of the Public Records of Dade County, Florida, less
and excepting therefrom the following two dedications:
A 50.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION,
recorded in plat Book 6, Page 77, of the Public Records of Dade
County, Florida. Said 50.00 foot dedication being described as
follows:
Bounded on the North by the Northerly line of said BLOCK 8;
Bounded on the South by the Southerly line of said BLOCK 8; said
Southerly line also being the Northerly line of the Government
Reservation shown hereon; Bounded on the East by a line parallel
to and 50.00 feet distant Easterly of, as measured at 90-degrees
to the Westerly line, of said BLOCK 8; Bounded on the West by
the Westerly line of the above-referenced BLOCK 8, said Westerly
line also being the Easterly line of Biscayne Bay.
A 40.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION,
recorded in Plat Book 6, at Page 77, of the Public Records of
Dade County, Florida. Said 40.00 foot dedication being described
as follows:
Bounded on the North by the Northerly line of the above-
referenced BLOCK 8; Bounded on the South by the Southerly line
of the above-referenced BLOCK 8, said Southerly line also being
the Northerly boundary line of the Government Reservation shown
hereon; Bounded on the east by the Westerly line of Washington
Avenue, said Westerly line also being the Easterly line of BLOCK
8; Bounded on the West by a line parallel to and 40.00 feet
distant Westerly of, as measured at 90-degrees to the Westerly
line, of the above-referenced Washington Avenue.
MARINA PARCEL
A portion of land lying West of and adjacent to Block 111 of
OCEAN BEACH, FLORIDA ADDITION NO. 3 according to the Plat thereof
as recorded in Plat Book 2, at Page 81 of the Public Records of
Dade County, Florida. More particularly described as follows:
Commence at the Northwest corner of Section 3 for 1550.00 feet
more or less, to a point on the East line of Block 90 of
aforementioned Plat; thence run S 0030' 00" E along the East
line of Blocks 90,89, 88, 87, 86. 85,84, 83, 82, 81, 80, 79, and
a portion of Block 111 and along their extensions for 5207.00
feet to the Southeast corner of Lot 1, Block 111, for 260.00 feet
to a point on the East waterline of Biscayne Bay, said point also
being the Point of Beginning of Tract of land hereinafter
described: thence run N 32000'00" W 300 feet west of and
parallel to the Westerly Right of Way line on Alton Road for
2150.00 feet to a point, thence run N 25037'26" W for 335 feet
to the Northwesterly corner of a Lot designated 50-C less the
Northerly 15 feet thereof as shown on the Amended Plat of Lots 43
to 50, Block 111, Ocean Beach, Florida, No.3. recorded in Plat
Book 14 at Page 70 of the Public Records of Dade County, Florida;
thence run S 58000'00" W at right angles to said Alton Road for
600.35 feet to a point; thence run S 32000'00" E for 1264.00
feet to a point; thence run S 58000'00" W for 150.00 feet to a
7
7
point; thence run S 32000'00" E for 500.00 feet to a point;
thence run N 58000'00" E for 150.00 feet to a point; thence run
S 32000'00" E for 772.00 feet to a point; thence run S
67036'06" E for 438.00 feet to a point; thence run N 58000'00"
E for 330.00 feet more or less, to other land of the City of
Miami Beach; thence run 32000'00" W for 368.00 feet, more or
less, by other land of the City of Miami Beach to the Point of
Beginning; containing 1,648,911 square feet (37.85 acres) more
or less.
MICHIGAN AND JEFFERSON PARCELS
Lots 3 and 4, in Block 81 of OCEAN BEACH
according to the plat thereof recorded in Plat
of the Public Records of Dade County, Florida.
ADDITION NO. '3,
Book 2, Page 81,
Lot 1, in Block 81 of OCEAN BEACH ADDITION NO.3, according to
the plat thereof recorded in Plat Book 2, Page 81, of the Public
Records of Dade County, Florida.
Lots 4, in Block 82, of OCEAN BEACH ADDITION NO.3, according to
Plat thereof, recorded in Plat Book 2, Page 81, of the Public
Records of Dade County, Florida.
Lot 5, in Block 82, of OCEAN BEACH ADDITION NO.
Plat thereof, recorded in Plat Book 2, Page 81,
Records of Dade County, Florida.
3, according to
of the Public
Lots 11 and 12, in Block 82, of OCEAN BEACH ADDITION NO.3,
according to Plat thereof, recorded in Plat Book 2, Page 81, of
the Public Records of Dade County, Florida.
OCEAN PARCEL
THE OCEAN PARCEL DESCRIBED AS FOLLOWS: Commence (P.O.C.) at the
Southeasterly corner of Biscayne Street (Formerly Biscayne
Avenue) and run N.87038'57"E. along the Southerly line of
Biscayne Street, as said Street is shown on South Beach Park
subdivision, recorded in Plat Book 6, at page 77 of the public
records of Dade County, Florida, a distance of 717.266 feet to
the point of Beginning (P.O.B.) of the referenced Ocean Parcel.
The following 17 courses are on the dividing line between the
Ocean Parcel and the Master Parcel, both within the South Pointe
Parcel; thence run S.10047'35"W., a distance of 165.214 feet;
thence run S.87038'57"W., a distance of 143.817 feet; thence run
S.62018'04"W., a distance of 24.53 feet; thence run
S.27041'56"E., a distance of 18.00 feet; thence run
N.62018'04"E., a distance of 2.00 feet; thence run
S.27041'56"E., a distance of 38.33 feet; thence run
S.62018'04"W., a distance of 2.00 feet; thence run
S.27041'56"E., a distance of 116.74 feet; thence run
N.62018'04"E., a distance of 27.00 feet; thence run
S.27041'56"E., a distance of 16.67 feet; thence run
S.62018'04"W., a distance of 27.00 feet; thence run
S.27041'56"E., a distance of 29.33 feet; thence run
S.62018'04"W., a distance of 145.65 feet; thence run
S.27041'56"E., a distance of 12.no feet; thence run
S.62018'04"W., a distance of 27.93 feet; thence run
S.27041'56"E., a distance of 43.555 feet; thence run
S.24023'44"W., a distance of 40.00 feet to a point on the
Southerly line of the above referenced South Beach Park
Subdivision, said point being the most Southwesterly corner of
the Ocean Parcel, also being the most Southeasterly corner of the
Master Parcel, both being part of the South Pointe Parcel; thence
run S.65036'16"E. along the Southerly boundary of the said South
Beach Park Subdivision, a distance of 903.356 feet to an
intersection with the Erosion Control Line of the Atlantic Ocean,
said Line recorded in Plat Book 105, at page 62 of the public
records of Dade County, Florida.; thence run N.00015'10.8"E.
along the Erosion Control Line, a distance of 937.12 feet to an
intersection with the Southerly line of Biscayne Street as shown
on the South Beach Park Subdivision; thence run S.87038'57"W.
along said Southerly line of Biscayne Street, a distance of
588.426 feet to the Point of Beginning (P.O.B.)
8
8
The Ocean Parcel contains 543,963 square feet, more or less, or
12.488 acres, more or less.
LEGAL DESCRIPTION OF THE EASEMENT PROPERTY, SAID PROPERTY BEING
PART OF THE SOUTH POINTE PARCEL.
Commence (P.O.C.) at the Southeasterly corner of Biscayne Street
(Formerly Biscayne Avenue) and Washington Avenue, as said Street
and Avenue are shown on the South Beach Park Subdivision,
recorded in Plat Book 6, at page 77 of the public records of Dade
County, Florida, and run S.10047'35''W. along the Easterly line
of Washington Avenue, a distance of 6.16 feet to a point on the
southerly line of a 6.00 foot Roadway Dedication, said Dedication
recorded in Official Record 12566, at page 2914 of the public
records of Dade County, Florida; thence run N.87038'57"E. along
the Southerly line of said 6.00 foot Dedication, along the
existing Southerly line of Biscayne Street, a distance of 638.266
feet to a point of Beginning (P.O.B.) of the Easement Property;
thence run S.10047'35''W., a distance of 159.054 feet; thence run
N.87039'57"E., a distance of 79.00 feet; thence run
N.10047'35''E., a distance of 165.214 feet to the original
Southerly line of Biscayne Street (Formerly Biscayne Avenue);
thence run S.87038'57"W., along the Southerly line of Biscayne
Street, a distance of 3.556 feet; thence run S.10047'35''W. along
the Easterly line of the said 6.00 foot Dedication, said
Dedication recorded in Official Record 12566, at page 2914 of the
public records of Dade County, Florida, a distance of 6.16 feet
to the southeasterly corner of said Dedication; thence run
S.87038'57"W. along the Southerly line of said Dedication, a
distance of 75.444 feet to the point of Beginning (P.O.B.)
The Easement Property contains 12,257 square feet, more or less,
or 0.281 acres, more or less.
101 AND 155 PARCELS
Lot 7, less the West 15 feet thereof, and Lot 8, less the West 15
feet thereof, in Block 113 of OCEAN BEACH ADDITION NO.4,
according the plat thereof as recorded in Plat Book 3, at Page
151, of the Public Records of Dade County, Florida, together with
that land lying East of the Easterly boundary line of Lots 7 and
8 in Block 113 of OCEAN BEACH ADDITION NO. 4 and West of the
Erosion control Line and South of the Easterly prolongation of
the North line of Lot 7 and North of the Easterly prolongation
of the South line of Lot 8 in Block 113 of OCEAN BEACH ADDITION
NO.4, according to the plat thereof as recorded in plat Book 3,
at Page 151, of the Public Records of Dade County, Florida.
Lots 2 and 3, less the West 15 feet thereof, of Block 113, OCEAN
BEACH, FLORIDA, ADDITION NO.4, according to the Plat thereof, as
recorded in Plat Book 3, at Page 151 of the Public Records of
Dade County, Florida, a/k/a 155 Ocean Drive, Miami Beach,
Florida; including any lands lying between the easterly
extensions of said Lots 2 and 3, and the Dade County Erosion
Control Line, according to the Plat thereof, recorded in Plat
Book 105, at Page 61 of the Public Records of Dade County,
Florida.
PIER PARK PARCEL
Lots 1 through 8, Block 112, OCEAN BEACH, FLORIDA ADDITION NO.4,
A SUBDIVISION recorded in Plat Book 3, at Page 151 of the Public
Records of Dade County, Florida.
SSDI NORTH PARCEL
Lots 30 through 42 inclusive, in Block 111, of OCEAN BEACH
FLORIDA ADDITION NO.3, aCcording to the Plat thereof, recorded
in plat Book 2, Page 81, of the Public Records of Dade County,
Florida, together with the accretions theretoi
9
9
ALSO;
Lots 43,44,45,46,47, 48A, 49B, and 50C of DADE COUNTY
PROPERTY, according to Plat thereof, recorded in plat Book 14,
Page 70, of the Public Records of Dade County, Florida, together
with the accretions thereto.
SSDI SOUTH PARCEL
Lots 1 through 14, inclusive, in Block 111, of OCEAN BEACH
FLORIDA ADDITION NO.3, according to the plat thereof as recorded
in Plat Book 2, Page 81, in the Public Records of Dade County,
Florida, together with the accretions thereto;
ALSO;
That Part of Biscayne Street (also known as Biscayne Avenue) as
shown on said plat of OCEAN BEACH ADDITION NO.3, lying westerly
of the southerly projection of the west Right of Way line of
Jefferson Avenue as shown on said Plat and being bounded on the
west by Biscayne Bay, together with the accretions thereto;
ALSO;
All that part of the North 132.0' of Section 10, Township 54
South, Range 42 East, described as: Beginning at a point on the
Northern boundary of said Section 10, which is intersected by the
Easterly boundary of Jefferson Avenue extended Southerly across
Biscayne Street as a point or place of beginning; thence
Southerly continuing the Easterly boundary of Jefferson Avenue
extended for a distance of 132.0' to a point; thence Westerly
208.1' more or less along a line parallel to and 132.0' Southerly
from the Northern line of said Section 10 to Biscayne Bay;
thence Northwesterly meandering the Bay to the intersection of
the Northern line of Section 10; thence Easterly along the
Northern line of Section 10, 285.0' more or less to the point or
place of beginning (the Northerly boundary of said Section 10
being common with the Southerly boundary of Biscayne Street);
Also described as: All of that part of the north 132.0 I of
Section 10 Township 54 South, Range 42 East, known as Tract A or
the Smith Company Bay Front Tract, more particularly described as
follows to wit: Bounded on the North by the Northern line of
said section 10; bounded on the East by the East line of
Jefferson Avenue extended; bounded on the South by a line
parallel to and distant 132.0' South of the Northern line of said
Section 10, and bounded on the West by Biscayne Bay, together
with the accretions thereto.
211 PARCEL
Lot 10, in Block 3 of OCEAN BEACH, FLORIDA, according to the Plat
thereof, recorded in Plat Book 2, Page 38 of the Public Records
of Dade County, Florida.
WATER TOWER TRIANGLE PARCEL
All of Block 79, OCEAN BEACH ADDITION NO. 3 as recorded in plat
Book 2, Page 81, of the Public Records of Dade County, Florida,
commonly known as the water tower triangle, said property being
located at the intersection of First Street, Jefferson Avenue and
Alton Road.
PORTION OF FIRST STREET
A portion of the First Street right-of-way located east of Ocean
Drive from the northeastern corner of First Street and Ocean
Drive (point of beginning) to the theoretical centerline of First
Street, east to the erosion control line, then north to the
northern line of First Street, then back to the point of
beginning.
10
10
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 6 '2 .-~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
J.... G.ma-P........ 4/ L ,
City Manager ~/ r"
A Resolution Approving the Transmittal ofthe Proposed Amendments 10 1 he
Future Land Use Map (FLUM) of the City of Miami Beach and Certain T, ~xt
Changes to the Year 2000 Comprehensive Plan for the City of Miami He2 ch
Pursuant to the Development Agreement dated November 7, 1995, BetweEn 1 he
City, the Redevelopment Agency (RDA) and the Portofino Entities.
DATE:
February 5, 1~ '97
FROM:
SUBJECT:
RECOMMENDATION
Approve the Resolution.
BACKGROUND
The Portofmo Entities are requesting that the City Commission adopt a Resolution calling for 1 lIe
transmittal of certain proposed text amendments to the City of Miami Beach Year 2000 Comprehensi Iv-e
Plan ("Comprehensive Plan"), to include a new Future Land Use Map category to be entitled 'DA 0'
(Development Agreement Overlay) and to modify the designations of certain parcels of property on t Ie
City of Miami Beach Future Land Use Map (pLUM), as prescribed in the terms of the DevelopmE nt
Agreement dated November 7, 1995, between the City, the Redevelopment Agency and the PortofilO
Entities; said transmittal has been affirmatively recommended by the Planning Board on January 28, ]. 9~ 7.
This transmittal is also consistent with and required by State Statutes (p.S. 380) regarding the review of
an application for Development of Regional Impact (DR!) which the applicant has already submitted j)r
approval by the appropriate State, County, regional and municipal reviewing departments or agenci es
(including the City of Miami Beach).
The Development Agreement
On November 7, 1995, the City Commission and the Miami Beach RDA approved a Development
Agreement (hereinafter referred to as the 'DA') with the Portofino Entities which was the subjeGt )f
substantial negotiations and public hearings for approximately two years. The Planning Board, similarly,
PAGE 1 OF 8
DATE
~11L
C\ ,.,
Z-~. LL-
AGENDA ITEM
recommended approval of that Development Agreement on June 27, 1995, by a Board vote of 6-0, )rior
to its consideration and fmal approval by the Commission and the RDA. The essential element~ and
principles of that DA were summarized by the negotiating committee in presentations to this BOlfe, the
Commission and the RDA and a copy of that Summary is attached, hereto, as Exhibit 'A'. Like\\ist., the
Planning Board's motion recommending approval of the DA, with recommendations, is also atta~hl:d as
Exhibit 'B'.
Implementation of the Development Agreement
The Development Agreement, once approved, called for certain subsequent actions to be taken by bot 1 the
City and the Porto fino Entities. In order to finally implement the terms of the DA, Portofino was reqLired
to seek further regulatory approvals from the City and its boards and agencies. These approvals indujed:
1. Approval of text amendments to the City's Zoning Ordinance No. 89-2665 to allow cetain
development rights to be transferred from the North SSDI parcel to other parcels o'-'nd by
Portofino;
2. Approval of amendments to the City's Official Zoning Districts Map to re-zone the iJa ;kan
Parcel from the Marine Recreation (MR.) to the Commercial Intensive Mixed-Use (CP 5-3)
zoning classification;
3. Approval of text amendments to the City's adopted Comprehensive Plan to confoml t< the
terms of the Development Agreement;
4. Approval of amendments to the City's Comprehensive Plan's Future Land Use ] Jap
(FL UM) to conform to the terms of the Development Agreement;
5. Approval of modifications to the existing Development of Regional Impact Develc'pr lent
Order which governs the development of the SSDI site; and,
6. Approval of amendments to the South Shore Revitalization Strategy (redevelopment plan)
to be consistent with the terms of the Development Agreement.
Transfer of Development Rights
To this end, Porto fino applied to amend the Zoning Ordinance of the City to allow the transfer oj the
development rights as set forth in the Development Agreement. Those amendments were favor; lbly
recommended by the Planning Board on May 28, 1996 and, eventually, adopted by the City Commiss Ilon.
Four Applications by Portofino
The Resolution before you today is the beginning of the second stage of regulatory actions requirei to
implement the terms of the Development Agreement. Portofino has filed: (1) an application to ame'no the
PAGE20F8
Year 2000 Comprehensive Plan of the City and certain portions of the Future Land Use Map (FLU \1);
(2) an amendment to the approved DR! Development Order; (3) an amendment to the appro ved
Redevelopment Plan (South Shore Revitalization Strategy); and (4) for the rezoning of the Alaskan pmcel.
(Note: In addition to the Alaskan Parcel being re-zoned, the Water Tower Triangle, the Former I ark
Parcel, the Federal Triangle Parcel and the End Parcels will be re-zoned administratively after th,~ f nal
approvals called for in the DA, since they are City owned and will then be transferred to the PortoJ'ino
entities).
The "Transmittal" Process for Comprehensive Plan Amendments
The first step in this complicated process calls for the City Commission, upon recommendation by the
Planning Board (sitting as the Local Planning Agency), to approve the "transmittal" of the pro po ;ed
amendments to the FLUM and to the text of the Comprehensive Plan to the Florida Departm.~n1 of
Community Affairs (DCA), and other affected state and local agencies. On January 28, 1997 the PI ann mg
Board recommended approval (5-0 in favor, 2 absentees) of the attached Resolution to transn:.it the
required documents amending the FLUM and the text of the Comprehensive Plan to the appropri ate
" .
revIeWIng agenCIes.
These State and local agencies have a statutory time period to review and comment on the propo ;:ed
amendments and their consistency with the State, regional and local plans. A report summarizing :he
comments of all of the commenting agencies is then transmitted back to the City by the DCA in the fc an
of a report known as an "Objections, Recommendations and Comments" (aRC) report. The O:{( is
submitted by the DCA to the City, prior to public hearings being held on the substantive approvals ,)f :he
proposed amendments. Subsequent actions of the City on the proposed amendments must be consist ~nt
with the ORC or reasonable explanations for deviation must be provided in order for the DCA to n:vi ~w
the final actions of the City and to determine whether those actions are "in compliance" or "not in
compliance" and capable of going into effect, or the subject of further review and challenge.
Contemporaneous Review of All Applications During Transmittal Period
As noted, however, there are three other applications that are in the regulatory review process: th~ r: RI
amendment; the amendments to the Redevelopment Plan; and the rezoning application. These applicati< ns
are in the process going through local and regional review contemporaneously with the transmittal of 1 he
Comprehensive Plan amendments, as is permitted and mandated by State Statutes (F.S. 380). Enclm ed
is a chart (Exhibit 'C') which attempts to simply describe these coordinated parallel processes. The ::es lit
of these processes will be a subsequent hearing before the Planning Board and the City commission wh :re
all four of the applications will be heard on their substantive merits and with the full input cf 1 he
commenting state and local agencies and an opportunity for public participation; this public hear:n~ is
tentatively scheduled for April 29, 1997 before the Planning Board. Thereafter, all four application:; v ill
be heard by the City Commission and the RDA at two (2) public hearings, prior to final action. Thes(: C .,ty
Commission public hearings have been tentatively scheduled for May and early June 1997.
PAGE 3 OF 8
No Final Action on the Application by City Commission Toda,y
Thus, the City Commission's adoption of the "transmittal" resolution is not your final action on any 0 'the
substantive changes to the FLUM or any other application made by the Portofmo Entities, as de:;cr bed
above. It is a mandatory step in the continuing process to effectuate the terms prescribed to in th~ I "A.
ANAL YSIS
The application to amend the Comprehensive Plan is divided into two parts: (1) proposed amendm ~nts
to the FLUM of the City, which is part of the Comprehensive Plan; and (2) proposed text amendm mts
to the Plan.
The FLUM Amendments
The changes proposed to the FLUM are consistent with the terms of the Development Agreement. fhe
amendments would change the future land use designation of the following parcels:
1. the "Former Park Parcel" by changing the land use designation from ROS (Recreation md
Open Space) to C-PS4 (Commercial Intensive Phased Bayside);
2. the "Federal Triangle" parcel from ROS (Recreation and Open Space) to C-PS3 (ComDler;ial
Intensive Mixed Use);
3. the "Alaska Parcel" from MR (Marine Recreational) and ROS (Recreation and Open Sp~ ce)
to C-PS3 (Commercial Intensive Mixed Use);
4. the "Water Tower Triangle" parcel from PF (public Facility) to C-PSl (Commercial Liffii ted
Mixed Use);
5. A new Future Land Use Map category to be entitled Development Agreement Overlay C)).o)
would also be depicted on the FLUM for all parcels affected by the Development Agreeml 'nt,
in order to clearly show that any of such parcels may be affected by the terms, conditions: md
restrictions governing planning and development at the time that reference is made to the
parcels on the FLUM. All of the above parcels would be designated DAO and additicna Jy,
the following properties would also be designated DAO; the Core parcel, the Michig.m : md
Jefferson parcels, the Diamond C parcel, the End parcels, the Marina parcel, the Ocean parl:el,
the 101/115/155 parcels, a portion of First Street, the Pier Park parcel, the SSDI North I'arl:el,
the SSDI South parcel, the 211 parcel, the Hinson parcel, the Goodman Terrace parcel and the
404 parcel. This DAO would be in addition to the underlying land use classification and 'NO .1ld
be for identification purposes only. The DAO would nQ1 change the underlying lard Ise
designation for any properties, but would alert interested parties that the property was subj ect
to restrictions or requirements within a development agreement that might not be comaiJ led
within the City's Zoning Ordinance.
PAGE 4 OF 8
These proposed changes to the FLUM have been reviewed by the Administration and found to bt m
compliance with the terms of the Development Agreement.
The Text Amendments
The proposed text changes to the Comprehensive Plan are contained within the attached amend .ng
ordinance (Exhibit 'D') and attempt to accomplish the following:
1. amending Part II: Goals, Objectives and Policies of the City of Miami Beach Year 2( 00
Comprehensive Plan, as amended, by adding a category to be entitled "Developm ~nt
Agreement Overlay Category" to Policy 1.2 of Objective 1: Land Development Regulatic Ins
of the Future Land Use Element; and
2. adding Objective 11 and Related Policies to the Land Use Element to be entitled "Object ve
11: Development Agreements", providing that the Comprehensive Plan shall provide that wi en
properties are governed by a Chapter 163, Florida Statutes, Development Agreement, 'he
provisions of the Development Agreement shall control for terms, provisions, matters or i SSlles
specifically addressed and approved in such Agreement.
A copy of the proposed text amendments is included in your packet for reference (Exhibit 'D'). In essen ~e,
the proposed text amendments implement the approved Development Agreement and assure its consister cy
with all of the elements of the Comprehensive Plan including, but not limited to, the transfer of
development rights. At the same time, the affected parcels of property are given a special planni tlg
designation of Development Agreement Overlay (DAD) so that all members of the public are on rot: ce
~at the land uses intensities, densities, and restrictions governing development must be specifi ca ly
reviewed by reference to the Development Agreement itself.
The Administration has reviewed the proposed text amendments and believes they are in compliance w th
the terms and intent of the Development Agreement.
The Supporting Data and Analysis
In support of their application, Portofmo has submitted an extensive basis of data and analysis which is
part of the required documentation to justify an amendment to the DR! Development Order. T le
Application for Development Approval ("ADA") is a specific and detailed review of all potential regiOI al
impacts that might be associated with the proposed amendments to the Plan and the Development Ore er
in order to bring both into compliance with the Development Agreement. The data and analysis indu .Ie
information on: soils, geology, compatibility of land uses, drainage, traffic and transporu..tie n,
environmental resource impacts, economic impacts, impacts on flood and hurricane protectioI1 aId
evacuation, impacts on essential public services such as water, wastewater, stormwater management, so. id
PAGE 5 OF 8
waste, housing impacts, impacts on police and fIre services, recreation and open space, schools, h ~alth
care, energy and historical and archaeological resources.
This data and analysis will be supplied to the Planning Board for its review in association with the j \.pril
29, 1997 public hearing. The City Commission will also review and comment on this document ...1 its
subsequent public hearings. At that time, all comments from the appropriate reviewing agencies w:ll lave
been compiled and addressed within the document. The Planning Board will be asked to ma (e a
recommendation to the City Commission on this application, immediately following the April 29, ] 997
public hearing. The City Commission will then take fInal action at its two public hearings tentati vely
scheduled for May and early June, 1997.
The following table sets forth the proposed changes in available acreage for properties affected b) the
proposed FLUM amendments, except the Recreation and Open Space acreage is shown for the whole (~ity.
The recreation and open space amendments will reflect approximately a 3.86 acres reduction in Recrez tion
and Open Space. The total 1,156 acres of recreation and open space (ROS) includes 224 aGre5 in
ornamental open space and 206 acres of ocean beach conservation area (430 acres of open space). U ling
the recreation and open space fIgure of 1,156, this indicates there are 10.6 acres of total ROS facilities per
1,000 persons (permanent population plus 20 percent of seasonal population).
Pulling out the 430 acres of "open space" from the total, and the 3.86 acre reduction as a result of the
proposed amendments, the remaining 722.14 acres results in a proposed "recreation" level of ~er rice
acreage of 6.59 acres per 1,000 population. The adopted LOS requirement for the City within the adoJ,ted
Comprehensive Plan is 6.0 acres per 1,000 population and the current level of service acreage is 6.9 al :res
per 1,000 population.
The existing and proposed Level of Service fIgure is considerably higher than the commonly used natic Inal
standard of3.0 acres per 1,000 residents and are in excess of the adopted LOS of the City's Comprehen ;.ive
plan. Therefore, the proposed amendments would not decrease the adopted LOS for Recreation and 0 )en
Space. Moreover the Administration does not believe that the proposed changes significantly dectea sed
the Level of Service for Recreation and Open Space even though there is a net decrease of approxima ely
3.86 acres.
In addition, although the FLUM will reflect a reduction in Recreation and Open Space on the face of the
Plan, approximately 14 acres of the Portofino Properties or property kept in the ownership of the C it) on
the SSDI North parcel, currently designated CPS-l, 3 or 4 will be dedicated or left in the ownershil " of
the City and restricted in usage as open space (approximately 7 acres) or governmental use, pursuan t to
the Development Agreement, the actual "net" acreage of Recreation and Open Space and governmental
lands in the City will increase by approximately 10 acres as a result of the Portofmo Amendments.
PAGE 6 OF 8
I
Land Use Category Acres Available Under Acres Available with Net Effi
Current Land Use Plan Portofino Amendments Avail:
Acre:
C-PS 1 12.81 13.49 +0.6
C-PS3 20.63 24.42 +3.1'
C-PS4 15.71 15.71 +0.6-
Rec. & Open Space 1,156.00 1,152.14 -3.8(
Marine Rec. 3.51 0.00 -3.5]
~ct on
able
19t
8
9
~*
i*
*
*
The Marine Recreational acreage has been included in the Comprehensive Plan within the t )tal
Recreation and Open Space acreage for the City to determine the Level of Service calculatillills.
The Former Park Parcel or .64 acres ofROS has not been deducted from the total since it had 1:: een
deleted as a park in the original SSDI Agreement.
The Supporting Data and Analysis submitted by the applicant as part of the amended DRI process, Iso
indicate that all applicable levels of service contained in the City's adopted Comprehensive Plan wil be
maintained or achieved in the event that the proposed amendments are adopted. Portofino has indic, ted
its belief that the proposed amendments are consistent with the goals, objectives and policies set fOrtll in
the City's Comprehensive Plan based on its thorough review of said Plan (see Exhibit IE)'. It is imp 011 ant
that the proposed amendments be consistent with the City's Comprehensive Plan in order for ~ aid
amendments to be fmally adopted.
The Administration is in the process of reviewing the extensive documentation supplied by Portofim in
support of its applications. In fact, each and every City Department or Division that may be impacted by the
proposed amendments has been supplied with the ADA and supplemental data supplied by the applicants .. as
well as numerous meetings which have been held with City staff and the applicants to refine the submil ted
materials. Staff's initial review has indicated that a substantial effort has been made by the applicant to eol ect
and analyze the voluminous data and subjects that could impact the entire region, since this is the prim:try
thrust of an ADA drafted for modification to a Development of Re&ional Impact Development Order.
The Administration has requested the applicant to further refine and collect and report data of a more locali<ed,
City-wide impact in order to fully g~uge the potential impacts on the City, separate and distinct from the
proposals "regional" impacts. The applicant is complying with the requests by the Administration ,lOll is
accumulating, analyzing and reporting that data.
This process will continue during the "transmittal" review process so that the Administration will have al of
the "regional" and "local" data and analysis available prior to the next Planning Board and City Commiss I.on
hearings on all four of the applications, noted above.
PAGE 7 OF 8
CONCLUSION
At this time, the Administration believes that the applicant has submitted sufficient data and analysis in sUI 'port
of its request to allow transmittal to all appropriate governmental review agencies and that the prop )sed
amendments are consistent with the language and intent of the Development Agreement. The Admini itr; .tion
supports and recommends approval of the Resolution (Exhibit 'F') for the "Transmittal" of the plOp )sed
amendments to all appropriate governmental agencies.
The Administration will be completing its full review of all of the data and analysis, as supplemented b:' the
applicant. This transmittal is required by State of Florida Statutes (F.S. 380) regarding the review o.~ an
application for Development of Regional Impact (DRl) which the applicant has already submi1tec for
approval to the appropriate State, County, regional and municipal reviewing departments or ager cies
(including the City of Miami Beach). The full and complete consideration of the proposed chang~s,.vith
local, regional and state comments will be provided at future public hearings to be held before the Plan ling
Board and the City Commission.
Based on the foregoing, the Administration has concluded that the City Commission should ad')p1 the
Reso~on attached, herein, as Exhibit 'F'.
JGP~
~~
MHF\mhf\f:\Plan\$A1l\ccmemos\ 1283cmrs.97
PAGE 8 OF 8
EXHIBl1 'A'
MEMORANDUM
Date: July 17, 1995
TO: Honorable Mayor and City Commissioners
FROM:
Jose Garcia-Pedrosa, City Manager
/1- .,
I .,','
/'
J
SUBJECT:
Porto fino Agreement
;
. '.
Attached please f1nd a clean copy of a proposed Agreement w1th
Portofino in the form of a memorandum from Chairman Ed Resnick,
outlining the salient points. The proposed Agreement will be
presented by Chairman Resnick at tomorrow morning's previously
scheduled workshop with the Commission, commencing at 9 A.M. in the
Commission chambers. A copy of the Agreement has been initialed by
Chairman Resnick, by Heinrich von Hanau of the Portofino Group, and
by me, but is not being distributed because it contains numerous
hand-written changes (incorporated into the attached clean draft)
that are difficult to read. (The matter was not concluded until
7:30 last night, without clerical staff present to assist.)
As Chairman Resnick will explain, the document has the full
support of the Negotiating Committee, the Administration, the City
Attorney's Office, and Portofino. There are some differences with
the recommendations of the Planning Board, whose chair has been
advised of these developments and has been provided with a copy of
the document. A copy of the Planning Board's recommendations, made
prior to last night's conclusion of the negotiations with
Po~tofino, is also attached for your ready reference. Planning
Board Chair Joy Alschuler has been invited to attend tomorrow's
workshop.
In the last few days you may have received one or two sets of
:materials relating to the Portofino project. Please be aware that
:nei ther set was generated or approved by the City. Those materials
represent efforts by others to bring historical or analytical
:matters to your attention and were prepared and submitted prior to
-the conclusion of last night's negotiating session.
7/17/95
FROM:
MAYOR AND CITY COIHMISSION
EDRESNICK,CHAIRMAN ~K
NEGOTIATING COMMITTEE/
TO:
SUMMARY OF
PROPOSED CITY OF MIAMI BEACHfPORTOFINO LAND TRANSACTION
T. PORTOFINO
L Porto fino will release its rights to North SSDI after full payment. The property will be
conveyed subject to the restriction that it be used for municipal purposes. (No change from
concept approval of 3/22/95).
2. Portofmo will release the City from the SSDI Judgment and Mortgage after full payment.
(No change from concept approval).
3. Porto fino will indemnify and hold harmless the City for all environmental clean-up costs on
South SSDI above the first million which will be paid by the City. Portofmo will be
responsible for all clean-up costs over the $1 million paid by City. The City will loan
Portofino up to $1 million for additional clean-up costs. Repayment to City shall be as
follows: 7 years, from approval, interest free and with no amortization of principal for the
first year, and thereafter 6 equal consecutive annual self-amortizing payments, at 8% interest.
(Concept approval called for City to pay $2 million for clean-up costs).
4. Portofino will convey its 211 Collins property to the City Housing Authority, together with
other Jefferson and Michigan Avenue property valued at $1.5 million. In return, (see City
#12), Portofino will receive Goodman Terrace from the Housing Authority, and the property
will be zoned CPS3. (No change from concept approval).
5. With respect to the existing Marina, Portofino will assume obligations to provide (a) 50
temporary parking spaces during clean-up and construction on South SSDI; (b) two
pedestrian easements & two drive-ins/drop-offs with temporary parking; (c) 150 permanent
parking spaces on South SSDI within the Northerly 2/3 portion; and (d) permanent
bathroom, shower, and laundry facilities. Porto fino will be reimbursed by the City in the
amount of $1.625 million for items (c) and (d), payable as follows: The City will make
consecutive monthly payments of $100,000 beginning in April, 1996 until paid in full,
provided, however, that City payments will not commence until construction begins.
(Concept approval did not structure City payments).
6. Porto fino will approve the City's current agreement with the Marina operator insofar as
necessary. (No change from concept approval).
7. Porto fino shall deed to the City land adjacent to the Marina so that the City will retain its
riparian rights to the Marina and for baywalk pwposes; provided, however, all setbacks shall
1
7/17/95
be measured from the water line. (Concept approval only granted City an easement).
8. Porto fino, for reasonable review and approval by the City, shall prepare an urban design
master plan for the baywalk and other redevelopment amenities in South Pointe containing
the following elements:
(a) A baywalk along the South SSDI, Hinson, Triangle and Alaskan parcels;
(b) a new park/plaza (Sunrise Plaza) to be constructed at the eastern terminus of South
Pointe Drive;
(c) a new park/plaza (Sunset Plaza) to be constructed between Alton and the Marina at
the western terminus of South Pointe Drive;
(d) the extension of Washington Avenue from South Pointe Drive southwards to
Government Cut; and
(e) a pedestrian passage between Rebecca Towers and Biscayne Street internal to the
property north of Biscayne Street.
"
.
The City agrees to renovate South Pointe Park. Portofino shall be responsible for
supervision of the construction and installation of the Baywalk, Seawall, Sunrise Plaza,
Sunset Plaza, the extension of Washington Avenue and the pedestrian passages. After
completion, City shall be responsible for maintenance of the baywalk and other publicly
owned amenities. (Concept approval called for the City to pay for all Baywalk, Seawall, and
plazas. This proposal substitutes Portofino's $2.5 million obligation for South Pointe Park
and replaces it with the obligation to deed approximately 3 acres of land for baywalk, plazas
and Washington Avenue Extension, and additionally, payment from special assessment
district affecting only Portofmo properties results in approximately $9 million additional cost
to Portofino). Payment for all public areas and amenities ((a) through (e) above) shall be
made by bonds assessed against Portofino's property.
9.
Portofino will relinquish any grandfathered height restriction rights as to its 115 and 155
Ocean Drive lots. (No change from concept approval).
II. CITY
10. Portofino will provide 3,000 square feet of space for municipal offices and meeting space
for 40 years at $1 per year plus C.A.M.. No C.A.M. will be paid by City for the first 3 years.
(New matter not in concept approval).
1 L City will convey South SSDI to Porto fino within 15 days after approval by the City
Commission without payment of additional cost by Portofino. (No change from concept
approval).
12. City will purchase Goodman Terrace from the Housing Authority at no cost to the City, zone
2
7/17/95
it CPS 3, and reconvey it to Portofino. In return, Portofino will convey to the Housing
Authority 211 Collins and Jefferson and Michigan Avenue property (see Portofino #4).
(Concept approval allowed for possible cash payment to Housing Authority).
13. City will convey to Portofmo the triangular parcel bet\veen the Alaskan and Hinson parcels.
The City shall use its best efforts to release this parcel from the use restrictions imposed
under the conveyance by the U.S. Government to the City and if released shall zone the
parcel CPS-3. If the triangle cannot be conveyed, it will remain open space. (No change
from concept approval).
14. City will make the east portion of Biscayne Street lying east of Ocean Drive a dedicated
pedestrian and open space area (Sunrise Plaza) closed to vehicular traffic and parking. (See
Portofino #8). (No change from concept approval).
15. City will convey to Porto fino that portion of 1st Street lying east of Ocean Drive should
Porto fino build an upscale hotel on the site. City \\'ill retain 10' pedestrian easement.
(Concept approval did not contain pedestrian easement).
16. City \\'ill convey the City-ovmed end pieces on the east and west sides of Block 51, the City-
owned end pieces on the east side of Block 52 adjacent to Washington Avenue and the water
tower triangle to Portofmo. The water tower site shall be used only for landscaping, public
art and a buffer area. (No change from concept approval). .
17. City will compensate Portofmo in the agreed amount of$11,375,000. The payment shall
be made as follows: 7 years, from approval, interest free' and with no amortization of
principal for the first year, and thereafter 6 equal consecutive arulUal self-amortizing
payments, at 8% interest. (Concept approval called for earlier payment by City).
18. The parties agree to cooperate to seek appropriate additional dedicated public access from
the MacArthur Causeway south to Alton Road. (No change from concept approval).
19. The continued viability and enforceability of the South Pointe Development Agreement shall
be confinned. (No change fro'm concept approval).
20. The City will zone (or upzone as appropriate) the Alaskan site, the triangular piece bet\veen
Alaskan and Hinson and Goodman Terrace to CPS3. Portofino shall limit the height on the
Goodman Terrace site to 75 feet and Portofino shall conform to the design guidelines
referred to in City #25 below. In addition, after the foregoing zoning or upzoning, Portofmo
will be able to transfer 400,000 of the presently permitted 1,254,000+ square feet of
development rights from North SSDI to the following properties: SSDI South, Goodman
Terrace, Hinson, triangular piece bet\veen Alaska and Hinson, Alaskan and 404 Washington
Avenue. (No change from concept approval).
21. City \\'ill cooperate in seeking state and federal funds for beach restoration on or adjacent to
the Ocean Parcel.. (No change from concept approval).
3
7/17/95
22. City will expand the approved color code within the South Pointe Redevelopment Area. (No
change from concept approval).
23. City will rename Biscayne Street "South Pointe Drive." (No change from concept approval).
24. City will seek in good faith to obtain the consent of the Marina operator to permit Portofino,
at Porto fino's option, to expand the Southern portion of the Marina. Further, the Marina
operator shall cooperate with Porto fino's environmental remediation efforts and not object
to the development of the South SSDI parcel. (No change from concept approval).
25. Portofino and the City will agree to design guidelines and an approved site plan for the SSDI
South, Alaska, Hinson and Goodman Terrace parcels with a view to encourage quality
development, open space areas, and appropriate parking for the area. The guidelines will
pertain to the pedestals. Above the pedestals, individual buildings may be unlimited in floor
plate size up to 20 floors. Above 20 floors, floor plate size may not exceed 25,000 square
feet. Building orientation shall not be regulated by the City. (Concept approval did not
address size of floor plates).
26. The parties agree to try to negotiate a development agreement and prepare design guidelines
and a site plan within 90 days in accord with the foregoing. In the event no agreement is
reached, the parties shall conclude all negotiations without liability to the other and without
the waiver of any rights, and each party shall be responsible for its own costs. 'The initial 90
day negotiating period shall be subject to extension upon mutual agreement of the parties.
(Extension granted to July 28, 1995). .
27. Portofmo agrees to increase commercial parking to 4 spaces per 1,000 square feet on all
South SSDI and Alaskan assemblage property (to be maximized to 4.0 subject to review and
approval by Sasaki) without any F .A.R. penalty. (New matter not in concept approval).
"
.
28. Surplus TIF funds generated from Portofino properties (after full payment of the $11,375,000
to Porto fino for SSDI North and $5 million for the rehabilitation of South Pointe Park) shall
be split 50% towards payment of the then outstanding balance of the SAD bonds and any
previously unreturned clean-up costs (thereby potentially alleviating the Portofmo properties
of part of this obligation) and 50% towards the other beautification projects in the
Redevelopment Area.
NOTE: This is a contingent obligation that only arises if, as and when there are surplus
funds fonn Portofmo properties available. Further, this "split" shall end upon the termination
of the currently approved Redevelopment Area. (New matter not in concept approval).
(a,&-9Sjcd ptopcpl~ 711)
4
EXHIBr~ 'B'
DRAFT NO.2
07/14/95
PLANNING BOARD MOTION (ADOPTED 6-0)
The Planning Board reconunends that the City Commission approve the proposed
Development Agreement between the City of Miami Beach, The Miami Beach Redevelopment
Agency and the Portofino Entities, subject to the amendments listed below. It is the position of
the Planning Board that public amenities and accomodation of public interest should be placed in
the forefront to ensure adequate view corridors and appropriate design regulations.
1. First Street east of Ocean Drive should not be vacated or discontinued nor should
development rights from this right-of-way be transferred to the adjacent lots to its north.
2. Appropriate design guidelines for the tower portion of buildings (above 50' in height)
need to be created, subject to review and approval of the Planning Board prior to approval
of the Development Agreement by the City Commission.
3. The non-compete clause regarding SSDI North should be amended to allow for
municipal uses only during the first five years; thereafter, the City should be able to use
the land for any purpose. "Municipal use" should be inclusive of an inter-modal
transportation complex, visitor center and accessory office and retail, in addition to the
already permitted marina related retail uses.
4. The amount of transfer of development rights from SSDI North should be reduced
overall and capped proportional to individual development parcel acreage and subject to
the proposed design regulations.
5. The transfer of development rights to the 404 Washington Avenue parcel should be
limited to only that square footage which has already been constructed.
6. If a car ferry is ultimately proposed from the slip on the Alaskan parcel to Fisher
Island, it should be available only to residents and guests of Fisher Island and subject to a
traffic impact study providing evidence that it would not have a detrimental effect on
traffic in the area. Further, it is understood that the baywalk should continue either
around any ferry slip or over it via a drawbridge.
7. A temporary baywalk should be constructed within three years (defined as no less than
a 15 feet wide asphalt surface with minimal landscaping) to provide public access until
such time as the permanent construction of this improvement is completed. The
permanent baywalk width should be subject to further study. The phased development of
the permanent baywalk should be based on the construction of the Porto fino properties
with a commitment to complete the entire baywalk no later than the City's full payment
of the $11.375 million to Portofino.
8. The development regulations of the Zoning Ordinance should be amended to allow fOI
up to 4.0 parking spaces per 1,000 square feet of retail commercial space without any
Floor Area Ratio (F.A.R) penalty.
';
EXHIEIT 'e'
Portofino "Final Approval" Process
[
[
[
@
Oevelopment
Agreement
I
J, ~ J, II, .J,
TOR" Transferred RDA Plan
Development Comprehensive "DRI" Development South Beaeh Rezoning A
Plan Amendments of Regional Impact RevItalization Parcel
Rights Strategy
J, J, .L .!. J,
Amendment to Application to City Application to City Application to City Appfication tl
~~oning Ordinance and DCA and 5FRPC and R.OA (COMPLEl
(COMPLETED) (COMPLETED) (COMPLETEO) (COMPLETED)
J, J, J,
Application for
Transfer for 404 Transmittal Hearing SFRPC DRI Process
Washington Ave. Planning Board
(COMPLETED)
J, J, J,
lOR Approval for
.4 WaShington Ave. Transmittal Hearing SFRPC Oetennines
y City Commission City Commission Completeness
,:COMPLETED)
J, J,
SFRPC
Transmittal to DCA Completeness
I Summary to
Applicant
J, J,
DCA Receives
. Comments from SFRPC Hearing and
State and Local Report to City
Agencies
J,
DCA Issues ORC
Report
I ~ ~
If
South Polnle Advisory Board
J,
Planning Board
J,
RONCC First Reading J
J, .-,.
RONCC Second Reading
Final ROA ApproVal
J,
County Commission Approval of
Amendments to Revitafl2ation
StrateQV
:j
'C.i~
EC~
EXHIBIT 'D'
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, BY AMENDING THE FUTURE LAND USE MAP CATEGORY OF
THE CITY OF MIAMI BEACH, FLORIDA YEAR 2000 COMPREHENSIVE PLAN BY
INCLUDING A NEW FUTURE LAND USE MAP CATEGORY TO BE ENTITLED "DAO
(DEVELOPMENT AGREEMENT OVERLAY)"; AND AMENDING THE FUTURE LAND
USE MAP FOR THE PROPERTIES KNOWN AS THE "FORMER PARK PARCEL" BY
CHANGING THE LAND USE DESIGNATION FROM ROS (RECREATION AND OPEl'.
SPACE) TO C-PS4 (COMMERCIAL INTENSIVE PHASED BA YSIDE) AND DAC
(DEVELOPMENT AGREEMENT OVERLAY), BY CHANGING THE "FEDERAL
TRIANGLE PARCEL" FROM ROS (RECREATION AND OPEN SPACE) TO C-PS3
(COMMERCIAL INTENSIVE MIXED USE) AND DAO (DEVELOPMENT AGREEMENT
OVERLAY), BY CHANGING THE "ALASKA PARCEL" FROM MR (MARINE
RECREATIONAL) AND ROS (RECREATION AND OPEN SPACE) TO C-PS3
(COMMERCIAL INTENSIVE MIXED USE) AND DAO (DEVELOPMENT AGREEMENT
OVERLAY), BY CHANGING THE "WATER TOWER TRIANGLE PARCEL" FROM PF
(PUBLIC FACILITY) TO C-PS1 (COMMERCIAL LIMITED MIXED USE) AND DAO
(DEVELOPMENT AGREEMENT OVERLAY), AND BY ADDING THE FUTURE LAND
USE CATEGORY DESIGNATION OF DAO (DEVELOPMENT AGREEMENT
OVERLAY) TO THE "CORE PARCEL", THE "MICHIGAN AND JEFFERSON
PARCELS", THE "DIAMOND C PARCEL", THE "END PARCELS", THE "MARINA
PARCEL", THE "OCEAN PARCEL", THE "101/115/155 PARCELS", A PORTION OF
FIRST STREET, THE "PIER PARK PARCEL", THE "SSDI NORTH PARCEL" , THE
"SSDI SOUTH PARCEL", THE "211 PARCEL", THE "HINSON PARCEL", THE
"GOODMAN TERRACE PARCEL" AND THE "404 PARCEL", ALL PROPERTIES
. MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTIONS ATTACHED
TO THE ORDINANCE; AND AMENDING PART II: GOALS, OBJECTIVES AND
POLICIES OF THE CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN, AS
AMENDED, BY ADDING A CATEGORY TO BE ENTITLED "DEVELOPMENT
AGREEMENT OVERLAY CATEGORY" TO POLICY 1.2 OF OBJECTIVE 1: LAND
DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT, AND BY
ADDING OBJECTIVE 11 AND RELATED POLICIES TO THE LAND USE ELEMENT
TO BE ENTITLED "OBJECTIVE 11: DEVELOPMENT AGREEMENTS", PROVIDING
THAT THE COMPREHENSIVE PLAN SHALL PROVIDE THAT WHEN PROPERTIES
ARE GOVERNED BY CHAPTER 163, FLORIDA STATUTES, DEVELOPMENT
AGREEMENTS, THE PROVISIONS OF THE DEVELOPMENT AGREEMENT SHALL
CONTROL FOR TERMS, PROVISIONS, MATTERS OR ISSUES SPECIFICALLY
ADDRESSED AND APPROVED IN SAID AGREEMENT; DIRECTING TRANSMITTALS
OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED
AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
1
WHEREAS, the City of Miami Beach entered into a Development
Agreement dated November 7, 1995 (hereinafter the "Development
Agreement") with the City of Miami Beach Redevelopment Agency and the
Portofino Entities in order to resolve certain controversies and litigation
involving certain property within the City and the South Pointe
Redevelopment Area; and
WHEREAS, the proposed amendments are in furtherance of th'9
requirements of the Development Agreement; and
WHEREAS, the Planning Board, at its meeting of .'
1997, following an advertised hearing, by a vote of to .'
RECOMMENDED of the amendments to the Future Land
Use Map and the amendments to the City of Miami Beach Year 2000
Comprehensive Plan, as amended, as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The Future Land Use Map of the City of Miarri
Beach, Florida Year 2000 Comprehensive Plan, as amended, is hereby
amended by including a new Future Land Use category to be entitled
"DAO (Development Agreement Overlay)".
SECTION 2. The Future Land Use Map of the City of Miami
Beach, Florida Year 2000 Comprehensive Plan, as amended, is hereby
amended by changing the land use designations for the properties known
as the "Former Park Parcel" from ROS (Recreation and Open Space) to C-
PS4 (Commercial Intensive Phased Bayside) and DAO (Development
Agreement Overlay), by changing the "Federal Triangle Parcel" from ROS
(Recreation and Open Space) to C-PS3 (Commercial Intensive Mixed Use)
and DAO (Development Agreement Overlay), by changing the "Alaska
Parcel" from MR (Marine Recreational) and ROS (Recreation and Open
Space) to C-PS3 (Commercial Intensive Mixed Use) and DAO
(Development Agreement Overlay), and by changing the "Water Towe,.
Triangle Parcel" from PF (Public Facility) to C-PS1 (Commercial Limited
Mixed Use) and DAO (Development Agreement Overlay), and by addin~l
the Future Land Use category designation of DAO (Development
2
Agreement Overlay) to the "Core Parcel", the "Michigan and Jefferson
Parcels", the "Diamond C Parcel", the "End Parcels", the "Marina Parcel",
the "Ocean Parcel", the "101/115/155 Parcels", a portion of First Street, the
"Pier Park Parcel", the "SSDI North Parcel", the "SSDI South Parcel", the
"211 Parcel", the "Hinson Parcel", the "Goodman Terrace Parcel" and the
"404 Parcel", all properties more particularly described in the legal
descriptions attached as Composite Exhibit "A" to this Ordinance.
SECTION 3. The Commission approves amendments to Part II:
Goals, Objectives and Policies of the City of Miami Beach Year 2000
Comprehensive Plan, as amended, as follows:
"FUTURE LAND USE ELEMENT
*
*
*
OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS
*
*
*
Policy 1.2
*
*
*
Phased Bayside Intensive Mixed Use Commercial "Performance
Standard" Category (C-PS4)
*
*
*
Development Agreement Overlay Category (DAO}
Purpose: To provide supplemental or substituted land use requirements or
restrictions for properties subject to' a development agreement approved by
the City after October 1. 1995. pursuant to Section 163.3220. Florida
Statutes. (hereinafter a "Development Agreement"). and to enhance the
desirability and quality of existing and/or new uses.
3
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Tile o!"o'iisions of this o!an and all of i:s elements shell control with r6,
to aii terms, orovisioilS. matters and issues affectsd bv 8 Chaotec
Oevelooment ,t:,creement anoraved after October 1. 1995, in 8ccor("
"h J." ,...... ,. GO 1 of:" C d J: tl- C''!' f 1\ r . B
.. '.,\!!i: lne terms OT ~ectJon vI -, 0, 'Ins .0 e 0, .1 ie ;LY 0 I'/,laml €~'
Florida 2nd Chaater 163. Florida St3tutes. (herein2fter a "Chaoter_
"1 J. A .I.'" .I. . ,.,. . d t' b
J_J9ve oomen, or'jemenL i. as lO an\! orooeilV arrecr9' nere. v. exc:,
the extent a t~rm. oiovision, metter or issue is soscificel!v 2ddiessed ; ___
Chaater 163 Osveloom8ilt ,sareement '""hich also affects the orooer'.
, .
'Nhich case the rJrQvisions of the Cnam2'" 163 OS'v'elooment AcreE,
0hail CO'ltiO;.
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~=-:;.--
Polie'.' 11.2
4
The City shall continue to cooperate and coordinate planning and
development activities with the planning activities of regional agencies anj
state government in accord with applicable provisions of law.
Policy 11.3
The City shall encourage public participation in the review process of
Chapter
163 Development Agreements.
Policy 11.4
The City shall encourage develQpments which result in a conservation of
resources and encourage sound capital improvement planning and ensun~
~rovision of adequate public facilities.
Policy 11.5
Development of properties designated "DAO" on the Future Land Use Man
shall have the same base intensity floor area ratio as the underlying Futurq
Land Use designation. Properties designated DAO may be sUllPlementecl
where a Development Agreement provides for a transfer of development
_ rights. Such transfer may occur as long as the aggregate overall
intensities and densittes for all properties affected by the transfer o~
development rights provided for in the Development Agreement wheq
considered as a whole. will not exceed the maximum floor area ratio for thEI
Comprehensive Plan designation for the underlying properties. Any ~.~
referring to the Future Land Use Plan map and seeing such a designatioq
is advised that it is essential to obtain and review the particular;
Development Agreement which affects the subiect property for a full ancl
complete understanding of the regulations governing the development o'~
such properties.
Policy 11.6
The City shall encourage creative development of properties which are:
~ect to Development Agreements. by including but not being limited to,:
providing for the transfer of developments rights. providing for provisions,
5
regarding developmental duties and obligations. providing for provisiong
regarding planning and zoning intensities and densities. providing for
provisions regarding design guidelines. and other developmental
provisions that are not. necessarily shown within the text of thl9
Comprehensive Plan or within the text or maps accompanying the City'~
Zoning Ordinance.
SECTION 4. The Administration is hereby instructed to transmit
a copy of this Ordinance and all applicable documents immediately upon
approval on First Reading and again after its adoption on Second Readinq
to all agencies as provided by Chapter 163, Florida Statutes.
SECTION 5. REPEALER. That all Ordinances or parts cf
Ordinances in conflict herewith be and same are hereby repealed.
SECTION 6. SEVERABIL TV. If any section, subsection, clause
or provision of this Ordinance is held invalid, the remainder shall not be
affected by such invalidity.
SECTION 7. EFFECTIVE DATE. This ordinance shall become
effective L-) days after the date of its enactment; however,
the effective date of any plan amendment shall be in accordance wittl
- Section 163.3184, Florida Statutes.
PASSED ON FIRST READING this
1997.
day of
PASSED and ADOPTED ON SECOND AND FINAL READING this
_ day of ,1997.
MAYOR
ATTEST:
6
*Words and/or figures stricken through shall be deleted. Underscored word~\
andlor figures shall be added. The remaining provisions are now in effect and remairl[
unchanaed. Asterisks indicate omitted and unchanaed material.
7
APPLICATION TO AMEND
THE CITY OF MIAMI BEACH'S FUTURE LAND USE MAP
"
.
EXHIBIT 'E'
TABLE OF CONTENTS
I. Amendment Site Description . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - I _
A. Description of Proposed Amendment .............,.............. - 1 _
II. Analysis of Public Facilities and Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 3 _
A. Sanitary Sewer Analysis ...................................... - 3 _
B. Potable Water Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 3 _
C. Drainage Analysis ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 3 -
D. Solid Waste Analysis. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 3 -
E. Recreation and Open Space Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 3 -
F. Traffic Circulation Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 3 -
H. Public Education Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 3 -
III. Land Use Compatibility . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 3 -
IV. Hurricane Evacuation Analysis ........................................ - 3 -
V. Redevelopment Analysis ............................................. - 3 -
VI. Consistency With Goals, Objectives and Policies of The Local Plans ............ - 4-
VII. Consistency with State Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 8 -
VIII. Population Projections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. - 8 -
"
.
310S7lAmcnd.doe
APPLICATION TO AMEND
THE CITY OF MIAMI BEACH'S FUTURE LAND USE MAP AND
COMPREHENSIVE PLAN TEXT
I. Amendment Site Description
A. Description of Proposed Amendments
The Portofino Entities (as more particularly described in the Porto fino
DR! Amended Application for Development Approval) are requesting that
the future land use plan designation for four of the parcels within the
Porto fino DR! be amended to be consistent with the DR! Development
Plan and that certain Development Agreement by and between the City of
Miami Beach, the City of Miami Beach Commission sitting as the
Redevelopment Agency, the City of Miami Beach Housing Authority and
the Porto fino Entities (the "1995 Development Agreement''). The
Porto fino Entities is also requesting that a new future land use designation
entitled "Development Agreement Overlay" be applied to nineteen of the
parcels within the Porto fino DR!. The Porto fino Entities is also requesting
amendments to the text of the CDMP in order to provide for the new
future land use designation of DAO, as well as adding text that provides
that the Comprehensive Plan shall provide that when properties are
governed by a Development Agreement, the provisions of the
Development Agreement shall control for terms, provisions, matters or
issues specifically addressed and approved in such Agreement.
"
.
Parcell is that parcel commonly known as the "Former Park Parcel" and
is comprised of 0.74:l:: acres. Parcel I is currently designated ROS
(Recreation and Open Space) and is proposed to be amended to C-PS4
(Commercial Intensive Phased Bayside) and DAO (Development
Agreement Overlay). Parcel 2 is commonly known as the "Federal
Triangle" and is comprised of 0.35:l:: acres. Parcel 2 is currently
designated ROS (Recreation and Open Space) and is proposed to be
amended to C-PS3 (Commercial Intensive Mixed Use) and DAO
(Development Agreement Overlay). Parcel 3 is commonly known as the
"Alaska Parcel" and is comprised of 3.4:l:: acres. Parcel 3 is currently
designated MR (Marine Recreational) and ROS (Recreation and Open
Space) and is proposed to be amended to be designated C-PS3
(Commercial Intensive Mixed Use) and DAO (Development Agreement
Overlay). Parcel 4 is currently known as the "Water Tower Triangle" and
is comprised of 0.2:1: acres. Parcel 4 is currently designated PF (public
Facility) and is proposed to be designated CopS! (Commercial Limited
Mixed Use) and DAO (Development Agreement Overlay).
All other parcels affected by the Development Agreement are proposed to
be designated DAO (Development Agreement Overlay) including: the
"Core Parcel", the "Michigan and Jefferson Parcels", the "Diamond C
Parcel", the "End Parcels, the "Marina Parcel", the "Ocean Parcel", the
"101/115/155 Parcels", a Portion of First Street, the "Pier Park Parcel", the
"ssm North Parcel", the "ssm South Parcel", the "211 Parcel", the
"Hinson Parcel", the "Goodman Terrace Parcel" and the "404 Parcel".
Attached hereto as Map I is a Future Land Use Map for the Amendment
Areas and the surrounding properties.
"
.
v v Ii
::l ::l V
CI CI ::l
V V V CI
::l < < v ~ORTOrIN~
"0 CI <
V CI
'" < CI
0 '" g "0
~ CO
l< :.a ;::l GROUP
CI ~ 0
0 0 ::s
g CI v
5th Street
r-1.-J
o 250 500 FT
SOU=: City of Miami Beach
Date: 1992 CompreMnsive Plan
Traffic: Kimley.Horn / Engineering: Dames &: Moore / PlannJng: Sasald Associates / Legal: Greenberg Traurig
OJ
PORTO FINO DR!
Future Land Use
Map]
310S1IAmend.doe
- 2-
II. Analysis of Public Facilities and Services
A. Sanitary Sewer Analysis
Refer to Portofino DR! response to Question 18 - Wastewater Management.
B. Potable Water Analysis
Refer to Portofino DR! response to Question 17 - Water Supply.
C. Drainage Analysis
Refer to Portofino DR! response to Question 19 - Stormwater Management.
D. Solid Waste Analysis
Refer to portormo DR! response to Question 20 - Solid/Hazardous/Medical Waste.
E. Recreation and Open Space Analysis
Refer to Portofino DR! response to Question 26 - Recreation and Open Space.
F. Traffic Circulation Analysis
Refer to Portofino DR! response to Question 21 - Transportation.
H. Public Education Analysis
Refer to portormo DR! response to Question 27 - Education.
m. Land Use Compatibility
The Portofino DR! and related Design Guidelines are the culmination of extensive work with
the City of Miami Beach, involving numerous workshops, hearings and studies, in order to
ensure consistency and compatibility with existing and proposed land uses in the area. The
portorInO DR! and Design Guidelines have been developed to address;
"
.
.
Street frontage compatibility to pedestrian activities, flow and scale
Public access to adjacent bay side walk and marina
Solar shade and shadow patterns on adjacent properties.
Building facade treatments. including color palette, compatibility with
the South Pointe Redevelopment Area
Improved public access to adjacent South Pointe Park
.
.
.
IV. Hurricane Evacuation Analysis
Refer to Portofino DR! response to Question 23 - Hurricane Preparedness.
v. Redevelopment Analysis
The proposed amendment is located in an identified redevelopment area. The amendment will
facilitate redevelopment and promote the redevelopment plans. The South Pointe
Redevelopment Area was the point of original settlement and development of what was to _'
become the City of Miami Beach. Over time, new development progressed to the north
leaving an antiquated infrastructure to serve an area with narrow lots and increasingly
3JOS7\Amcod.doc
-3-
dilapidated structures. TIle area was designated a blighted area and a redevelopment plan was
adopted. This original redevelopment plan had difficulty in implementation and a decade of
a moratorium on all new development and major renovation ensued. This moratorium
resulted in further deterioration of the area. The original plans were subsequently dropped
and several new projects were realized, such as the Miami Beach Marina, South Pointe
Towers, South Pointe Park and some utility and roadway improvements. The proposed
amendments will provide a substantial boost to the revitalization of the physical environment
and the economic climate of the area.
VI. Consistency With Goals, Objectives and Policies of The Local Plans
The proposed project is consistent with the City of Miami Beach's Comprehensive Plan as
demonstrated by compliance and consistency with the following goals and objectives from the
Plan.
City of Miami Beach
Future Land Use Element
Objective 2 Innovative Development
Policy 2.1
Innovative land use development patterns, including mixed uses shall continue to be
permitted and encouraged through the provision of floor area ratio bonuses for non-
residential development in areas design"ated as residentiaVcommercial and mixed use
entertainment in the Future Land Use Map.
The project will be designed to maximize utilization of available bonuses.
Objective 5 Concurrency Management
";
Policy 5.2
Land Development Regulations pertaining to concurrency management shall be
amended to reflect Chapter 9J-5.0055 FAC and this policy. No development permit
shall be issued unless the public facilities necessitated by the project (in order to meet
level of service standards specified in the Traffic Circulation, Recrea!ion and
Infrastructure Policies will be in place concurrent with the impacts of the development
or the pennit is conditional to assure that they will be in place. The requirement that
no development pennit shall be issued unless public facilities necessitated by the project
are in place concurrent with the impacts of development shall be effective immediately
and shall be interpreted pursuant to the following: (Levels of service omitted).
No additional public facilities will be required for the project to meet the level of service
standards specified in the Traffic CirculatIon, Recreation and Infrastructure Policies of the
Plan. The public facilities necessitated by the project will be in place concurrent with the
impacts of development
Objective 10 Gateway Urban Design
Achieve a high quality of streetscape design at the key entrance ways to the City.
The 1995 Development Agreement between the applicant. the City and the RDA includes the
Urban Design Guidelines for this project. These guidelines address three principal' urban
design factors: view corridors, pedestrian passages and pedestrian friendly streets and will
provide for high quality design.
310S7lAmcod.doc:
-4-
TRAFFIC CIRCULATION ELEMENT
Objective 1 Level of Service
To require that roadways within the City operate at acceptable levels of service (LOS)
coordinated with the Future Land Use Map.
TIle roadways in and around the project will operate at acceptable levels of service at project
buildout.
Objective 2 Roadway Safety and Landscaping
Policy 2.7
The City shall provide pedestrians with safe and accessible walkways by removing
architectural baniers and placing protective barriers along heavily traveled roadways.
The Urban Design Guidelines referenced above provide for strong emphasis on pedestrian
design considerations.
HOUSING ELEMENT
Objective 1 Housing Supply
Policy 1.5
In compliance with the provisions of s.163.3202, F.S. retain the PS Performance
Standard District incentives (as stated in the Future Land Use Element) in the land
development regulations that encourage the construction of new housing units in the
South Pointe Redevelopment Area.
The project will involve construction of new residential units in the Redevelopment Area.
Policy 1.6
Maintain the legal status of the South Pointe Redevelopment Area that empowers the
City of acquire properties for the purpose of assembling sites to be transferred to
private interests for the purpose of development of residential uses.
TIle legal status of the Redevelopment Mea remains intact and the Redevelopment Agency
is a party to the Development Agreement which involves various land transactions essential
to this project.
Objective 2 Large Units
Policy 2.1
Maintain the legal status of the South Pointe Redevelopment Area and utilize the
associated powers to promote the development of housing with units of three or more
bedrooms by implementing the policies delineated in the Future Land Use Element.
It is anticipated that approximately 25 percent of residential units in this project will have
three or more bedrooms.
310S7\Amood.doc:
-5-
INFRASTRUCTURE: SANITARY SEWER, SOLID WASTE, DRAINAGE AND
POTABLE WATER
Objective 2 Infrastructure Replacement
Potable water supply, sanitary sewage disposal, and solid waste disposal services shall
continue to be planned and provided (1) in conformance with the future land use
element of the comprehensive plan, (2) to serve redevelopment activities in the South
Pointe Redevelopment Area and the City Center areas and (3) to serve infill projects
throughout the City on existing vacant land.
Public services and facilities to service this project are available and will be provided
consistent with this objective.
Objective 4 Floodplain Management
Policy 4.1
Continue site plan review for new construction with the requirement that the minimum
first floor elevation for living quarters be at least 8.8 feet at ML W (U.S.E.D. Bay
Datum) allowing for maximum protection during flood conditions.
New construction within the project area will be in compliance with this criteria.
CONSERVATION/COASTAL ZONE MANAGEMENT
Objective 2 Natural Resource Protection
Policy 2.3
Salt tolerant landscaping shall continue to be given preference over traditional planting
materials in the plant materials list used in the administration of the landscape section
of the Land Development Regulations and the design review process.
Project landscaping design will recognize this objective.
Policy 2.19 .
Stonnwater management techniques to meet the drainage level of service standards of
this plan shall be required for all new development and shall be incorporated in the
City's concurrency requirements of the Land Development Reguiations.
,.
.
The project will meet appropriate drainage level of service standards.
Objective 3 Water Dependent and Related Uses
Policy 3.1
Those public access areas including street ends, municipal parking facilities and
municipal parks along coastal waters will be maintained (see Figure VII.2 and VII-5
in the Recreation and Open Space Element) or redesigned to provide greater public
access to Biscayne Bay and the Atlantic Ocean beach area regardless of the land use
designation of those areas. An example of the type of redesign envisioned is that
planned for the parking lots on blocks located to the west of the North Shore Park. It
is envisioned that these blocks will be redeveloped with public access parking at grade
level and residential in air rights above and/or with parking decks on one or more
blocks and with residential on the other blocks.
The project will facilitate and provide access to waterfront and beach areas through the
provision of the "pedestrian passages" required by the 1995 Development Agreement and the
adopted Urban Design Guidelines. a baywalk along Biscayne Bay and two pedestrian plazas
(Sunrise Plaza and Sunset Plaza).
J IOS7lAmencl.4oc
-6-
Policy 3.4
Proposed marina/water dependent facility siting shall be compatible with both County
plans and surrounding land uses, and shall preserve or improve traditional public
shoreline uses and public access to coast:lI waters. This shall be accomplished through
the Conditional Use process (Section 17) of the Land Development Regulations.
The public shoreline uses including the marina, plazas. parks. pedestrian ways and public open
spaces will be increased and enhanced by the project.
Objective 5 Post-Disaster Redevelopment Plan
Policy 5.4
New private use facilities along the beach shall conform to the strict setback, open space
and accessory use requirements of Sections 5, 6 and 15 of the Land Development
Regulations as well as the requirements of the floodplain ordinance.
No beachfront property is affected by this submittal.
Objective 7 Shoreline Uses
Policy 7.1
The City shall use the bonus FAR development incentives in Section 6 of its Land
Development Regulations to achieve better shoreline access, including by not limited
to, pedestrian walkways and increased waterfront setbacks.
The 1995 Development Agreement incorporates transfers of development rights and Urban
Design Guidelines which will accomplish this objective.
RECREATION AND OPEN SPACE ELEMENT
Objective 3 Coordination of Public and Private Resources
The City of Miami Beach shall continue to work with public agencies, such as Metro-
Dade County Department of Environmental Resources Management, the Army Corps
of Engineers, the Florida Department of Environmental Protection and private sector
organizations and corporations, through the zoning process, to enhance and improve
existing recreation/open space facilities in Miami Beach with special emphasis on
achieving a quality beachfront park at the North Shore State Recreation Area by 2003.
"
.
Overall the project will generally contribute to this objective through implementation of a
plan that expands public bayfront open spaces.
Policy 3.5
The City of Miami Beach shall continue to use Section 6 of the Land Development
Regulations as standards and incentives which encourage private sector development
projects to landscape required open space, develop private recreation facilities on site,
and through the impact fee requirement, contribute to the enhancement of adjacent
public recreation and open space.
The project will be consistent with this policy through adherence to the 1995 Development
Agreement and the City's applicable Land Development Regulations.
CAPITAL IMPROVEMENT PROGRAM ELEMENT
Objective 2
The City, as of 1990, shall not issue any building pennits or development orders for new
developments or redevelopment unless the existing infrastructure (i.e. water, sanitary
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and storm sewer, transportation, recreation llnd solid waste) meets or is upgraded to
meet the pennitted level of service to SUpport the increase in demand by the proposed
development.
The infrastructure levels of service required by the project will be met prior to the issuance
of building permits.
Policy 3.1
The City will not give development approval to any new construction, redevelopment
or renovation project which creates a need for new or expanded public capital
improvements unless the project pays a proportional share of the costs of these
improvements in accordance with the Development Impact Fee Program.
The project will comply with this policy.
vn. Consistency with State Plan
Housinll'
The proposed development will assist the realization of the housing goal by the creation of
jobs and promoting the economy so that individuals can achieve self-sufficiency. In addition,
the proposed development will assist in the stabilization and enhancement of existing adjacent
affordable housing.
Water Resources
The proposed development shall help improve and restore the quality of waters ofBiscayne
Bay by containing, treating and disposing of stonnwater in an environmentally responsible
manner, instead of allowing the current surface discharges to outflow directly into Biscayne
Bay.
Natural Systems And Recreational Lands
Since the existing site is a deteriorated manmade urban area, the proposed development does
not negatively impact unique natural habitats and ecological systems. The proposed
development will provide public passiverecreatio.pal facilities.
';
Land Use
Since the existing site is an intensively urbanized area with existing infrastructure, it has the
capacity to accommodate growth in an environmentally acceptable manner.
Public Facilitiec;
TIle proposed development protects the substantial investment in public facilities that already
exist by revitalizing an existing deteriorated urban area.
Transportation
The proposed development of complimentary land uses that should both promote successful
mass transit services and minimize trip generation.
VIII. Population Projections
Refer to the Portofino DR! responses to Question 10, Part III.A - Demographic and
Employment Information and Question 24 - Housing.
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