97-22380 RESO
RESOLUTION NO.
97-22380
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS
PURSUANT TO SECTION 163.361, FLORIDA STATUTES, TO CONSIDER
ADOPTING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AMENDMENTS TO THE "SOUTH SHORE REVITALIZATION
STRATEGY", AN APPROVED REDEVELOPMENT PLAN UNDER THE
PROVISIONS OF SECTIONS 163.360 AND 163.361, FLORIDA STATUTES,
BY PROVIDING THAT THE SOUTH SHORE REVIT ALIZA TION
STRATEGY SHALL CONTROL EXCEPT WHEN PROPERTIES ARE
GOVERNED BY THE DEVELOPMENT AGREEMENT DATED
NOVEMBER 7, 1995, IN WHICH CASE THE PROVISIONS OF THE
DEVELOPMENT AGREEMENT SHALL CONTROL FOR TERMS,
PROVISIONS, MATTERS OR ISSUES SPECIFICALLY ADDRESSED IN
SUCH AGREEMENT AND PROVIDING AN EXTENSION FOR THE
COMPLETION DATE FOR THE STRATEGY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (the "City") on February 15, 1984 adoJte j
the South Shore Revitalization Strategy Plan, a redevelopment plan under the provisions of Seetiol
163.360, Florida Statutes; and
WHEREAS, the City is authorized pursuant to Section 163.361 to amend, as necessaI), is
adopted redevelopment plan; and
WHEREAS, the City entered into an Agreement dated November 7, 1995 (hereinafte]. th~
"Development Agreement") with the Miami Beach Redevelopment Agency and the Porto fin )
Entities in order to resolve certain controversies and litigation involving certain property within th ~
City and the South Pointe Redevelopment Area; and
WHEREAS, the Miami Beach Planning Board has held the required public hearing on th.~
proposed amendments on April 29, 1997, giving due public notice thereof, and has submitted il:;
recommendations thereon; and
WHEREAS, pursuant to Section 163.316, Florida Statutes, public hearings are required 0 1
the proposed amendments to the redevelopment plan.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND ClT'"
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that public hearing:; t)
consider adopting an Ordinance of the Mayor and City Commission of the City of Miami Bead,
Florida, approving amendments to the "South Shore Revitalization Strategy", an approved
Redevelopment Plan under the provisions of Sections 163.360 and 163.361, Florida Statutes. b:'
providing that the South Shore Revitalization Strategy shall control except when propertie~, a:' e
governed by the Development Agreement dated November 7, 1995, in which case the provisions elf
the Development Agreement shall control for terms, provisions, matters or issues specificaL y
addressed in such agreement and providing an extension for the completion date for the strat~g: ';
providing for severability; and providing for an effective date, are hereby scheduled before He
Mayor and City Commission on Wednesday, May 21, 1997 beginning at 5:01 p.m. and en
Wednesday, June 4, 1997 beginning at 5:02 p.m. in the City Commission Chambers at ] 7C 0
Convention Center Drive, 3rd Floor, Miami Beach, Florida, and the City Clerk is hereby authorize d
and directed to publish the appropriate public notice of said public hearings at which times and plate
all interested parties will be heard.
PASSED and ADOPTED this ~ day 0
May
,1997.
ATTEST:
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CITY CLERK
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F:IA TTO\TURN\RESOS\SSRSHRG.RES
APPROVED AS TO
FORM & LANGUAGE
& FOR EXecUTION
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
~
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. 3D 7 - q 7
TO:
Mayor Seymour Gelber and
Memben 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 Fu1ur:~
Land Use Map (FLUM) ofthe City of Miami Beach and Certain Text Challgei
to the Year 2000 Comprehensive Plan for the City of Miami Beach, 2) PropClsell(
Amendments to the South Shore Revitalization Strategy (Redevelopment Plan: ,
3) Proposed Amendments to Section 2-72.1 of the Code of the City of Miami
Beach, Florida, 4) Proposed Approval ofthe Portofino Development of RegiomliI
Impact ("DRI") and the Amended Miami Beach Marina DRI, 5) Proposelil
Zoning District Boundary Change for the Alaska Parcel from MR (Malin .~
Recreational) to CPS-3 (Commercial Intensive Mixed Use) and 6) Proposelll
Transfer of Development Rights from SSDI North Parcel to SSDI South PaJ'ce.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 thl.'
required public hearings for the review of the 1) proposed amendments to the Future Land Use Mal'
(pLUM) of the City of Miami Beach and certain text amendments to the Year 2000 Comprehemivl..
Plan ("Comprehensive Plan") for the City of Miami Beach, 2) proposed amendments to the Soutl..
Shore Revitalization Strategy (Redevelopment Plan) for the City of Miami Beach, 3) propose(..
amendment to Section 2-72.1 of the Code of the City of Miami Beach, Florida, 4) propose(..
Portofino DR! and the Amended Miami Beach Marina DR! pursuant to Section 380.06(11), FIOlid:..
Statutes, 5) proposed Zoning District Boundary Change for the Alaska Parcel from MR (MaIint..
Recreational) to CPS-3 (Commercic1l Intensive Mixed Use), and 6) proposed Transfer o~
Development Rights from the parcel known as SSDI North to the parcel known as SSDI Soutl.
and/or the parcels known as the Alaskan Assemblage.
AGENDA ITEM c.. '1 U
DATE 5-l~-CI
Pursuant to the Development Agreement, Portofino is required to seek further regulatory approva..s
from the City and its boards and agencies, including the proposed amendments referenced above.
On April 29, 1997, the City's Planning Board unanimously recommended approval by a vote of6-(',
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 Portofino DR: I
and the Amended Miami Beach Marina DR!, and 4) the proposed rezoning of the Alaska Parcel f::OIl
MR to CPS-3.
1. BACKGROUND AND ANALYSIS OF THE COMPREHENSIVE PLAN AMENDMENTS
On February 5, 1997, the City Commission, upon recommendation by the Planning Board (sitlin::
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 Affair.;
("DCA"), and other affected State and local agencies.
These State and local agencies have conducted their review of the application and have commertec..
on the proposed amendments and their consistency with the State, regional and local plans. A repor:
summarizing the comments of all of the commenting agencies has been transmitted back to the Cit; .
by the DCA in the form of a report known as an "Objections, Recommendations and Comments'
(ORC) report. Subsequent actions by the City on the proposed amendments must be consistent witl.
the ORC or reasonable explanations for deviation must be provided in order for the DCA to revi ev
the final actions of the City and to determine whether those actions are "in compliance" or "not iI
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 tW(
advertised public hearings. The application to amend the Comprehensive Plan is divided into tW(
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 Agreement
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 ROS
(Recreation and Open Space) to C-PS4 (Commercial Intensive Phased Bayside) and DAO
(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-PS l
(Commercial Limited Mixed Use) and DAO;
5. the following properties would also be designated DAO: the Core Parcel, th.~
Mi~higan and Jefferson Parcels, the Diamond C Parcel, the End Parcels, the Marina Parcel, th.:
Ocean Parcel, the 101/115/155 Parcels, a portion of First Street, the Pier Park Parcel, the SSDI N)rt l
Parcel, 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 wculLl
be for identification purposes only. The DAO would not change the underlying land use designarim l
for any properties, but would alert interested parties that the property was subject to restriction:; 0 .
requirements within a development agreement that might not be contained within the City's Zoninl;
Ordinance.
These proposed changes to the FLUM have been reviewed by the Administration and found tc be.
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 Bead
Year 2000 Comprehensive Plan, as amended, by adding a category to be entitled "Developm.~n1
Agreement Overlay Category" to Policy 1.2 of Objective 1: Land Development Regulations of :he
Future Land Use Element; and
2. amending Policy 9.2 of Objective 9 entitled "Redevelopment" of the Future
Land Use Element.
The Administration has reviewed the proposed text amendments and believes they are in compliar,ce
with the terms and intent of the Development Agreement.
2. BACKGROUND AND ANALYSIS OF THE SOUTH SHORE REVIT ALIZA TION
STRATEGY AMENDMENTS
The Portofmo Entities are requesting that the City Commission adopt a Resolution setting public
hearings for the review of the proposed amendments to the South Shore Revitalization Strategy
(Redevelopment Plan) for the City of Miami Beach.
The redevelopment plan for the City of Miami Beach was originally adopted on February 1, 19'77
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-I056-84 on September 4, 1984.
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 textw 1
amendments indicate that implementation of the provisions of the Development Agreement aI.::
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 Revitaliza:io 1
Strategy and (2) the extension of the term of the existing redevelopment trust fund, established b I
the City and approved by the County, is formally ratified and modified in the Revitalization Pial
itself.
3. BACKGROUND AND ANALYSIS OF THE AMENDMENT TO SECTION 2-72.1 OF
THE CITY CODE
The Portofino Entities are requesting that the City Commission adopt a Resolution setting publi'i:
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 ShOfi:
Revitalization Strategy Plan.
Due to the proposed changes to the South Shore Revitalization Strategy, Section 2-72.1 should be
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 public
hearings for the review of the proposed Portofino DR! and the Amended Miami Beach Marina DRJi
pursuant to Section 380.06(11), Florida Statutes.
Pursuant to Section 4.1(iv) of the Development Agreement, the proposed Portofmo DRl and:he
Amended Miami Beach Marina DR! are defined as Development Approvals which must be
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:ay
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 hearing~: is
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 Jr
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 Portofino Entities are requesting that the City Commission adopt a Resolution setting for pub] ,:c
hearings for the review of the proposed Zoning District Boundary Change for the Alaska Parcel :ron
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 RIGIIIS
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 AI~kal
Assemblage.
Portofino is seeking the transfer of386,016 square feet of development rights from the SSDI NJrtl
Parcel to the SSDI South Parcel and/or Alaskan Assemblage (which includes the Hinson Pmce ,
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: :o!
P,M. or as soon thereafter, for the review of the 1) proposed amendments to the FLUM of the Citr
of Miami Beach and the proposed text changes to the Comprehensive Plan, 2) proposed amendment)
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 Alask l
Parcel from MR to CPS-3, and 5) proposed transfer of development rights from SSDI North to SSD[
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, fo:
review of~roposed Portofmo DR! and the Amended Miami Beach Marina DR!.
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