97-22309 RESO
RESOLUTION NO.
97-22309
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING
PURSUANT TO SECTION 380.06 (11), FLORIDA STATUTES, TO
CONSIDER ADOPTING AN ORDINANCE APPROVING THE PORTOFINO
DRI WHICH IS UNDERGOING A DEVELOPMENT OF REGIONAL IMPACT
REVIEW TO ADOPT A DEVELOPMENT ORDER AUTHORIZING THE
PORTOFINO DRI AS A SUBSTANTIAL DEVIATION TO THE AMENDED
MIAMI BEACH MARINA DRI, PROVIDING FOR A REPEALER AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach entered into a Developmert
Agreement dated November 7, 1995 (hereinafter the "Developmer t
Agreement") with the Miami Beach Redevelopment Agency and tt e
Portofino Entities in order to resolve certain controversies ard
litigation involving certain property within the City and the Scuth
Pointe Redevelopment Area; and
WHEREAS, the proposed amendments to the Miami Beach Marina DFI
are in furtherance of the requirements of the Developmert
Agreement; and
WHEREAS, Section 380.06(11), Florida Statutes, requires thct
a public hearing date be scheduled by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CI'IY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the public
hearing to consider an ordinance approving the Portofino DRI which
is undergoing a development of regional impact review to adopt a
development order authorizing the Portofino DRI as a substanticl
deviation to the Miami Beach Marina DRI, shall be called to be he]d
before the City Commission in its chambers on the third floor cf
City Hall, 1700 Convention Center Drive, Miami Beach, Florida cn
May 21, 1997 beginning at 5:01 p.m.; and the City Clerk is herery
authorized and directed to publish appropriate Public Notice of tie
public hearing, at which time and place all interested parties wi]l
be heard.
PASSED AND ADOPTED this
5th
March
97. /)
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FORM & lANGI.,MliGf
& FOR EXECU11C::N
ATTEST:
J<o~~ pOAck
CITY CLERK
~
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Oat.
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: March 5, 1997
FROM:
Jose Garcia-pedros~
CRY Manager V~:.
RESOLUTIONS f CALLING PUBLIC HEARINGS PURSUANT TO
SECTION 380.06(11), FLORIDA STATUTES, FOR THE
PROPOSED PORTOFINO DEVELOPMENT OF REGIONAL IMPACT
("DRI") AND AMENDED MIAMI BEACH MARINA DRI.
SUBJECT:
RECOMMENDATION
Approve the Resolutions.
BACKGROUND
The Portofino Entities are requesting that the City Commissi:x
adopt Resolutions calling public hearings to review the Propos2c
Portofino DRI and the Amended Miami Beach Marina DRI pursuant tc
Section 380.06(11), Florida Statutes.
On November 7, 1995, the Portofino Entities, the City of Miani
Beach and the Miami Beach Redevelopment Agency entered into a
Development Agreement ("Development Agreement"). Pursuant:c
Section 4.1(iv) of the Development Agreement, the Propos=d
Portofino DRI and the Amended Miami Beach Marina DRI are defined ~s
Development Approvals which must be performed for the Developme:1t
Agreement conditions to be met. Section 4.6 of the Developme:1t
Agreement provides that the parties shall act in good fait:1,
cooperate with each other and not delay in seeking any and all
modifications of the existing Development of. Regional Impa'~t
approval affecting the SSDI North and SSDI South Parcels.
AGENDA ITEM
C. 1 f~
3-5.9L.
90
DATE
Subsequently, Portofino applied for certain modifications of thE,
Amended Miami Beach Marina DRI and that application has been deemed
ready by the South Florida Regional Planning Council for settjn~'
public hearings. The requested setting of the public hearings i~
in furtherance of those provisions of the Development Agreement.
ANALYSIS
Section 380.06 (11), Florida Statutes, requires that upon noticE
from the regional planning agency, the City Commission at the nExt
scheduled meeting, shall set for public hearing the review of sucL
DRI approvals. The hearing must be advertised at least 60 days ir
advance of the hearing and no later than 90 days after issuance oj
the notice by the regional planning agency that a public hearins
may be set.
On February 21, 1997, the South Florida Regional Planning CounciJ
transmitted a letter to Mayor Gelber stating that the Miami Beact
City Commission may set a public hearing to consider the Portofinc
Application for Development Approval (ADA) in accordance with statE
law. Section 380.06(11), Florida Statutes, also requires that thE
notice of public hearing be transmitted to the Florida Department
of Community Affairs and the South Florida Regional Plannins
Council, along with a copy of the advertised notice.
CONCLUSION
The Administration recommends that the City Commission approve thE
Resolutions setting the public hearings for review of the Proposec
Portofino DRI and the Amended Miami Beach Marina DRI for May 21,
1997, at 5:01 p.m., in compliance with applicable state law.
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