97-22379 RESO
RESOLUTION NO.
97-22379
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER 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 OPEN SPACE) TO C-PS4
(COMMERCIAL INTENSIVE PHASED BA YSIDE) 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), 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, BY ADDING
OBJECTIVE 11 AND RELATED POLICIES TO THE LAND USE ELEMENT
TO BE ENTITLED "OBJECTIVE 11: DEVELOPMENT AGREEMENTS",
PROVIDING THAT DEVELOPMENT AGREEMENTS SHALL BE USED TO
PROVIDE THE CITY WITH FLEXIBILITY TO ADDRESS ONE OR MORE
GOALS, OBJECTIVES AND POLICIES OF THE COMPREHENSIVE
PLAN; AND BY AMENDING POLICY 9.2 OF OBJECTIVE 9:
REDEVELOPMENT OF THE FUTURE LAND USE ELEMENT;
DIRECTING TRANSMITT ALS OF THIS ORDINANCE AND ALL
APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; PROVIDING
FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on November 7, 1995, the Portofino Entities ("Portofino"), the City of Mi an j
Beach, and the Miami Beach Redevelopment Agency entered into a Development Agreemert
("Development Agreement"). Pursuant to the Development Agreement, Porto fino is required to :;ee k:
further regulatory approvals from the City and its boards and agencies, including the proposeJ
amendments to the FLUM of the City of Miami Beach and the proposed text changes in th~
Comprehensive Plan; and
WHEREAS, on February 5, 1997, the City Commission, upon recommendation by th~
Planning Board (sitting as the Local Planning Agency), approved the "transmittal" of the proposd
amendments to the FLUM and to the text of the Comprehensive Plan to the Florida Department (f
Community Affairs ("DCA"), and other affected state and local agencies; and
WHEREAS, the DCA and other state and local agencies have conducted their review oJ' tl: ~
transmitted proposed amendments and submitted a report known as an "Objecti In:.,
Recommendations and Comments" ("ORC"); and
WHEREAS, the City may now proceed to take action on the proposed amendm~m s
consistent with the ORC; and
WHEREAS, on April 29, 1997, the City's Planning Board held a public hearing to consid{ r
the proposed Ordinance which incorporates the proposed amendments and voted 6 to 0 in favcr ( f
recommending that the Mayor and City Commission adopt the proposed Ordinance; and
WHEREAS, pursuant to Section 163 .3184( 15), Florida Statutes, the proposed Ordim:nc ~
shall be considered by the Mayor and City Commission at two public hearings.
NOW, THEREFORE, BE IT RESOL VED BY THE MAYOR AND ClT'"
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Cit l
Commission will consider an Ordinance of the Mayor and City Commission of the City of MillY i
Beach, Florida, by amending the Future Land Use Map Category of the City of Miami Bead,
Florida Year 2000 Comprehensive Plan by including a new Future Land Use Map Category to b ~
entitled "DAO (Development Agreement Overlay)"; and amending the Future Land Use Map for th.:
properties known as the "Former Park Parcel" by changing the Land Use Designation from RO~;
(Recreation and Open Space) to C-PS4 (Commercial Intensive Phased Bayside) and DAD
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(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 DOA (Development
Agreement Overlay), by changing the "Water Tower Triangle Parcel" from PF (Public Facilit:r) 'i 0
C-PSl (Commercial Limited Mixed Use) and DAO (Development Agreement Overlay), and ty
adding the Future Land Use Category designation ofDAO (Development Agreement Overla:r) 0
the "Core Parcel", the "Michigan and Jefferson Parcels", the "Diamond C Parcel", the "End Parc~ls "
the "Marina Parcel", the "Ocean Parcel", the "101/115/155 Parcels", a portion of First Street, tl e
"Pier Park Parcel", the "SSDI North Parcel", the "SSDI South Parcel", the "211 Parcel", the "HiIlS( n
Parcel", the Goodman Terrace Parcel" and the "404 Parcel", all properties more particuar y
described in the legal descriptions attached to the Ordinance; and amending Part II: G)al;,
Objectives and Policies of the City of Miami Beach Year 2000 Comprehensive Plan, as amende 1,
by adding a category to be entitled "Development Agreement Overlay Category" to Policy I 2 I If
Objective 1: Land Development Regulations of the Future Land Use Element, by adding Objedi~ e
11 and related policies to the Land Use Element to be entitled "Objective 11: Developme lt
Agreements", providing that Development Agreements shall be used to provide the City wi h
flexibility to address one or more Goals, Objectives and Policies of the Comprehensive Plan; ar d
by amending Policy 9.2 of Objective 9: Redevelopment of the Future Land Use Element; dire<:tir g
transmittals of this Ordinance and all applicable documents to affected agencies; providing it, tr
repealer, severability and an effective date, at two public hearings scheduled on Wednesday, Why
21,1997 beginning at 5:01 p.m. and on Wednesday, June 4,1997 beginning at 5:02 p.m., ar d
the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the sa d
Public Hearings, at which times and place all interested p s will be heard.
PASSED and ADOPTED this ~ day of
~ olw-d' P 1U~
CITY CLERK
"
.,-,,~
ATTEST:
DJT\kw(F.1A TTOITURN\RESOSICOMPDAO.HRG)
APPROVED AS TIO
FORM & lANGUJIGl:
& FOR EXEClITIO"ii
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CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 3D 7 - q 7
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
May 7, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Resolutions Settin Public Hearings for 1) Proposed Amendments to the FU1!Ule
Land Use Map (FLUM) ofthe City of Miami Beach and Certain Text ChallLg(~s
to the Year 2000 Comprehensive Plan for the City of Miami Beach, 2) Propose 1
Amendments to the South Shore Revitalization Strategy (Redevelopment Pliln "
3) Proposed Amendments to Section 2-72.1 of the Code of the City of Mi::lU i
Beach, Florida, 4) Proposed Approval of the Portofino Development of Regi(11nr I
Impact ("DRI") and the Amended Miami Beach Marina DRI, 5) Proposed
Zoning District Boundary Change for the Alaska Parcel from MR (Marin ~
Recreational) to CPS-3 (Commercial Intensive Mixed Use) and 6) Prop(]sed
Transfer of Development Rights from SSDI North Parcel to SSDI South Pa:lrc(.1
And/Or the Alaskan Assemblage.
RECOMMENDATION
Approve the Resolutions setting the public hearings.
BACKGROUND
The Portofmo Entities are requesting that the City Commission adopt Resolutions setting th:~
required public hearings for the review of the 1) proposed amendments to the Future Land Use M:a )
(pLUM) of the City of Miami Beach and certain text amendments to the Year 2000 Comprehensiv.~
Plan ("Comprehensive Plan") for the City of Miami Beach, 2) proposed amendments to the Scut 1
Shore Revitalization Strategy (Redevelopment Plan) for the City of Miami Beach, 3) propcsel
amendment to Section 2-72.1 of the Code of the City of Miami Beach, Florida, 4) propcse, i
Portofino DRl and the Amended Miami Beach Marina DRl pursuant to Section 380.06(11), Flo:i.d 1
Statutes,S) proposed Zoning District Boundary Change for the Alaska Parcel from MR (Mai.n ~
Recreational) to CPS-3 (Commercial Intensive Mixed Use), and 6) proposed Transfer cf
Development Rights from the parcel known as SSDI North to the parcel known as SSDI SC1ut 1
and/or the parcels known as the Alaskan Assemblage.
AGENDA ITEM
C- " t;,
5-l-C!-,
DATE
Pursuant to the Development Agreement, Portofino is required to seek further regulatory apprc va s
from the City and its boards and agencies, including the proposed amendments referenced abovl.
On April 29, 1997, the City's Planning Board unanimously recommended approval by a vote of 6-'),
1 absence of the 1) proposed amendments to the FLUM and the text of the Comprehensive Plan, :)
the proposed amendments to the South Shore Revitalization Strategy, 3) the proposed Porto fino DEI
and the Amended Miami Beach Marina DR!, and 4) the proposed rezoning of the Alaska Parcel frorn
MR to CPS-3.
1. BACKGROUND AND ANALYSIS OF THE COMPREHENSIVE PLAN AMENDMENT~
On February 5, 1997, the City Commission, upon recommendation by the Planning Board (sittin~
as the Local Planning Agency), approved the "transmittal" of the proposed amendments to th.~
FLUM and to the text of the Comprehensive Plan to the Florida Department of Community Affairs
("DCA"), and other affected State and local agencies.
These State and local agencies have conducted their review of the application and have commente,l
on the proposed amendments and their consistency with the State, regional and local plans. A report
summarizing the comments of all of the commenting agencies has been transmitted back to the Ci~'
by the DCA in the form of a report known as an "Objections, Recommendations and Comments I
(ORC) report. Subsequent actions by the City on the proposed amendments must be consistent 'with
the ORC or reasonable explanations for deviation must be provided in order for the DCA to revilev r
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.
Section 163.3184(15), Florida Statutes, requires that the local governing body hold at least 1w( .
advertised public hearings. The application to amend the Comprehensive Plan is divided into 1w(
parts: (1) proposed amendments to the FLUM of the City, which is part of the Comprehensive Plan
and (2) proposed text amendments to the Comprehensive Plan.
A. The FLUM Amendments.
The changes proposed to the FLUM are consistent with the terms of the Development Agreem(:nt
The amendments would change the future land use designation of the following parcels:
1. the "Former Park Parcel" by changing the land use designation from RO~
(Recreation and Open Space) to C-PS4 (Commercial Intensive Phased Bayside) and DAC
(Development Agreement Overlay) hereinafter referred to as "DAO";
2. the "Federal Triangle Parcel" from ROS (Recreation and Open Space) to C.
PS3 (Commercial Intensive Mixed Use) and DAO;
3. the "Alaska Parcel" from MR (Marine Recreational) and ROS (Recreation and
Open Space) to C-PS3 (Commercial Intensive Mixed Use) and DAO;
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4. the "Water Tower Triangle Parcel" from PF (public Facility) to C-P51
(Commercial Limited Mixed Use) and DAO;
5. the following properties would also be designated DAO: the Core Parcel. tie
Michigan and Jefferson Parcels, the Diamond C Parcel, the End Parcels, the Marina Parcel, tl:e
Ocean Parcel, the 101/115/155 Parcels, a portion of First Street, the Pier Park Parcel, the SSDI Non 1
Parcel, the SSDI South Parcel, the 211 Parcel, the Hinson Parcel, the Goodman Terrace Parcel an i
the 404 Parcel. This DAO would be in addition to the underlying land use classification and woull
be for identification purposes only. The DAO would not change the underlying land use designatio 1
for any properties, but would alert interested parties that the property was subject to restrictions c r
requirements within a development agreement that might not be contained within the City's Zonin .~
Ordinance.
These proposed changes to the FLUM have been reviewed by the Administration and found to b :
in compliance with the terms of the Development Agreement.
B. The Text Amendments.
The proposed text changes to the Comprehensive Plan include the following:
1. amending Part II: Goals, Objectives and Policies of the City of Miami Be:lcl.
Year 2000 Comprehensive Plan, as amended, by adding a category to be entitled "Developm en
Agreement Overlay Category" to Policy 1.2 of Objective 1: Land Development Regulations of thl
Future Land Use Element; and
2. amending Policy 9.2 of Objective 9 entitled "Redevelopment" of the Futun
Land Use Element.
The Administration has reviewed the proposed text amendments and believes they are in compliaJlC(
with the terms and intent of the Development Agreement.
2. BACKGROUND AND ANALYSIS OF THE SOUTH SHORE REVITALIZATION
STRATEGY AMENDMENTS
The Portofmo Entities are requesting that the City Commission adopt a Resolution setting put lie
hearings for the review of the proposed amendments to the South Shore Revitalization Strate gy
(Redevelopment Plan) for the City of Miami Beach.
The redevelopment plan for the City of Miami Beach was originally adopted on February 1, 1977
and later amended in 1984. The present adopted redevelopment plan is entitled the South Shore
Revitalization Strategy and was approved by the City Commission on February 15, 1984, and by
the County Commission through the adoption of Resolution No. R-1056-84 on September 4, 19B4.
Under the provisions of Part III of Chapter 163, Florida Statutes, any exercise of redevelopment
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powers or financing under the Redevelopment Act must be consistent with the adopted and approve j
redevelopment plan for the area in question.
The proposed amendments to the Revitalization Strategy accomplish two objectives: (1) the textwJ
amendments indicate that implementation of the provisions of the Development Agreement ar~
deemed to be consistent with the terms of the Revitalization Strategy, and in the event of a conflic',
the provisions of the Development Agreement will prevail over the terms of the Revitc1lizaltio.l
Strategy and (2) the extension of the term of the existing redevelopment trust fund, established bl
the City and approved by the County, is formally ratified and modified in the Revitalization Pla:l
itself.
3. BACKGROUND AND ANALYSIS OF THE AMENDMENT TO SECTION 2-72.1 OF
THE CITY CODE
The Porto fino Entities are requesting that the City Commission adopt a Resolution setting pu)li,:
hearings for the review of the proposed Ordinance amending Section 2-72.1 of the Code of the Cit:,
of Miami Beach, Florida, to include therein a reference to the Ordinance amending the South Shon:
Revitc1lization Strategy Plan.
Due to the proposed changes to the South Shore Revitalization Strategy, Section 2-72.1 shoulc. h:
amended so that it properly reflects the most recent version of the Revitalization Strategy, a:,
amended.
4. BACKGROUND AND ANALYSIS OF THE PROPOSED PORTOFINO DRI AND
THE AMENDED MIAMI BEACH MARINA DRI
The Portofmo Entities are requesting that the City Commission adopt Resolutions setting puhli(
hearings for the review of the proposed Porto fino DR! and the Amended Miami Beach Marina DR
pursuant to Section 380.06(11), Florida Statutes.
Pursuant to Section 4.1(iv) of the Development Agreement, the proposed Portofmo DRl and tlu.
Amended Miami Beach Marina DR! are defined as Development Approvals which must bt
performed or the Development Agreement conditions to be met. Section 4.6 of the Developm.~n1
Agreement provides that the parties shall act in good faith, cooperate with each other and not de la)
in seeking any and all modifications of the existing Development of Regional Impact approval
affecting the SSDI North and SSDI South Parcels. The requested setting of the public hearings i~
in furtherance of those provisions of the Development Agreement.
Section 380.06(11), Florida Statutes, requires a public hearing on a DR! application to be held in:he
same manner as for a rezoning as provided under the appropriate special or local law or ordinan::e.
On March 5, 1997, the City Commission and the Redevelopment Agency set this matter for its first
public hearing on May 21, 1997 at 5:01 p.m. The Administration is requesting that the City
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Commission approve the Resolutions setting the matters for their second reading public hearing f )r
review of the Proposed Portofino DR! and the Amended Miami Beach Marina DR! for June 4, 1997,
in compliance with applicable state law.
5. BACKGROUND AND ANALYSIS OF THE ALASKA REZONING
The Portofmo Entities are requesting that the City Commission adopt a Resolution setting for publ i.C
hearings for the review of the proposed Zoning District Boundary Change for the Alaska Parcel fron
MR (Marine Recreational) to CPS-3 (Commercial Intensive Mixed Use).
The applicant is seeking a zoning district boundary change from MR to CPS-3. The request .s
consistent with the relevant provisions of the Development Agreement and the propos~. d
contemporaneous amendments to the City's Comprehensive Plan.
6. BACKGROUND AND ANALYSIS OF THE TRANSFER OF DEVELOPMENT RIGJIIS
The Portofmo Entities are requesting that the City Commission adopt a Resolution setting pu bl:. c
hearings for the review of the proposed Transfer of Development Rights from the parcel known (s
SSDI North to the parcel known as SSDI South and/or the parcels known as the Ala.::ka:l
Assemblage.
Portofino is seeking the transfer of386,016 square feet of development rights from the SSDI N)rtl
Parcel to the SSDI South Parcel and/or Alaskan Assemblage (which includes the Hinson Parce,
Federal Triangle Parcel, Alaska Parcel and Goodman Terrace Parcel).
CONCLUSION
The Administration recommends that the City Commission approve the Resolutions setting th~
public hearings for May 21, 1997, at 5:01 P.M. or as soon thereafter, and for June 4, 1997, at S:O~
P.M. or as soon thereafter, for the review of the 1) proposed amendments to the FLUM of the Cit r
of Miami Beach and the proposed text changes to the Comprehensive Plan, 2) proposed amendm'~nt~
to the South Shore Revitalization Strategy, 3) proposed amendment to Section 2-72.1 of the Cod ~
of the City of Miami Beach, Florida, 4) proposed Zoning District Boundary Change for the All.'iSkl
Parcel from MR to CPS-3, and 5) proposed transfer of development rights from SSDI North to s;;r; [
South and/or the Alaskan Assemblage and 6) that the City Commission approve the Resolution;
setting the second reading public hearings for June 4, 1997, at 5:02 P.M. or as soon thereafter, fer
review of~roposed Portofino DR! and the Amended Miami Beach Marina DR!.
JGP\HS~G
MHF:C1\F:PB\ALL\CMEMOS\1283PFS.SET
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