97-22381 RESO
RESOLUTION NO.
97-22381
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING
PUBLIC HEARINGS TO CONSIDER ADOPTING AN
ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
SECTION 2-72.1 OF THE CODE OF THE CITY OF MIAMI
BEACH, FLORIDA TO INCLUDE THE ORDINANCE
NUMBER FOR THE LATEST AMENDMENT TO THE
SOUTH SHORE REVITALIZATION STRATEGY PLAN;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (the "City") on February 15, 1984 adopte I
the South Shore Revitalization Strategy Plan, a redevelopment plan under the provisions of Sectio 1
163.360, Florida Statutes; and
WHEREAS, the City is authorized pursuant to Section 163.361 to amend, as necessary, its
adopted redevelopment plan; and
WHEREAS, the City entered into an Agreement dated November 7, 1995 (hereinaftel 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 proposed change to the redevelopment plan requires an amendment to th.~
City Code; and
WHEREAS, a first reading and second reading public hearing are required on the propose 1
amendment to the City Code and the Portofino Entities are further requesting that a public hearin.~
be held at the first reading.
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, amending Section 2-72.1 of the Code of the City of Miami Beach, Florida to include th ~
Ordinance number for the latest amendment to the South Shore Revitalization Strategy plar;
providing for severability; and providing for an effective date, are hereby scheduled before th.~
Mayor and City Commission for first reading public hearing on Wednesday, May 21, 1'997
beginning at 5:01 p.m. and for second reading public hearing on Wednesday, June 4, 1997
beginning at 5:02 p.m. in the City Commission Chambers at 1700 Convention Center Drive, 3r 1
Floor, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to publish th;:
appropriate public notice of said public hearings at which times and place all interested parties wi I
be heard.
PASSED and ADOPTED this ~ day of May
,1997.
Q ol.-ut POvLck
CITY CLERK
ATTEST:
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F:IA TTOITURNlRESOSISSRS2-72.HRG
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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C ftomey
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Date
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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, 1;>97
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Resolutions Settin Public Hearings for 1) Proposed Amendments to the Futur!.:
Land Use Map (FLUM) of the City of Miami Beach and Certain Text Change;
to the Year 2000 Comprehensive Plan for the City of Miami Beach, 2) Proposel.1
Amendments to the South Shore Revitalization Strategy (Redevelopment Plun) ,
3) Proposed Amendments to Section 2-72.1 of the Code of the City of Miamil
Beach, Florida, 4) Proposed Approval of the Portofino Development of Regional
Impact ("DRI") and the Amended Miami Beach Marina DRI, 5) Propo!~ed
Zoning District Boundary Change for the Alaska Parcel from MR (Marin4l':
Recreational) to CPS-3 (Commercial Intensive Mixed Use) and 6) Propo:iie(
Transfer of Development Rights from SSDI North Parcel to SSDI South Pal'ce..
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 ~[aI
(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 Soutl
Shore Revitalization Strategy (Redevelopment Plan) for the City of Miami Beach, 3) propo:;ec
amendment to Section 2-72.1 of the Code of the City of Miami Beach, Florida, 4) proposec
Portofino DR! and the Amended Miami Beach Marina DR! pursuant to Section 380.06(11), Floridl.'
Statutes, 5) proposed Zoning District Boundary Change for the Alaska Parcel from MR (Marine
Recreational) to CPS-3 (Commercial Intensive Mixed Use), and 6) proposed Transfer oj
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~~L
Pursuant to the Development Agreement, Portofino is required to seek further regulatory appro 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! I,
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 DEI
and the Amended Miami Beach Marina DR!, and 4) the proposed rezoning of the Alaska Parcel from
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 the
FLUM and to the text of the Comprehensive Plan to the Florida Department of Community Afjall s
("DCA"), and other affected State and local agencies.
These State and local agencies have conducted their review of the application and have commente 1
on the proposed amendments and their consistency with the State, regional and local plans. A repo: t
summarizing the comments of all of the commenting agencies has been transmitted back to the l:it I
by the DCA in the form of a report known as an "Objections, Recommendations and Comme'lts '
(ORC) report. Subsequent actions by the City on the proposed amendments must be consistent wit!
the ORC or reasonable explanations for deviation must be provided in order for the DCA to revie,,,
the fmal actions of the City and to determine whether those actions are "in compliance" or "ne>! i 1
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 Plar;
and (2) proposed text amendments to the Comprehensive Plan.
A. The FLUM Amendments.
The changes proposed to the FL UM are consistent with the terms of the Development Agreem~m.
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 DA.O
(Development Agreement Overlay) hereinafter referred to as "DAD";
2. the "Federal Triangle Parcel" from ROS (Recreation and Open Space) te 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 ~
Michigan 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 Nortl
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 would
be for identification purposes only. The DAO would not change the underlying land use designaIiml
for any properties, but would alert interested parties that the property was subject to restriction:; o'
requirements within a development agreement that might not be contained within the City's Zoninr:
Ordinance.
These proposed changes to the FLUM have been reviewed by the Administration and found to 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 "Developmi~nl
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 compliance
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, 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-I056-84 on September 4, 19~:4.
Under the provisions of Part In 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 apprcve j
redevelopment plan for the area in question.
The proposed amendments to the Revitalization Strategy accomplish two objectives: (1) the textud
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 confllic',
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:'
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 Portofmo Entities are requesting that the City Commission adopt a Resolution setting publi,;
hearings for the review of the proposed Ordinance amending Section 2-72.1 of the Code of the (:it:,
of Miami Beach, Florida, to include therein a reference to the Ordinance amending the South Short:
Revitalization Strategy Plan.
Due to the proposed changes to the South Shore Revitalization Strategy, Section 2-72.1 shouk b:
amended so that it properly reflects the most recent version of the Revitalization Strategy, ai:
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 puhlic.
hearings for the review of the proposed Portofino 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 the
Amended Miami Beach Marina DRI are defined as Development Approvals which must be
performed or the Development Agreement conditions to be met. Section 4.6 of the Developmen
Agreement provides that the parties shall act in good faith, cooperate with each other and not dela~
in seeking any and all modifications of the existing Development of Regional Impact appro va
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 DRI application to be held in the
same manner as for a rezoning as provided under the appropriate special or local law or ordinance
On March 5, 1997, the City Commission and the Redevelopment Agency set this matter for its firs
public hearing on May 21, 1997 at 5:01p.m. The Administration is requesting that the Cit)
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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, ] 997,
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 pubJllc
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 is
consistent with the relevant provisions of the Development Agreement and the proposed
contemporaneous amendments to the City's Comprehensive Plan.
6. BACKGROUND AND ANALYSIS OF THE TRANSFER OF DEVELOPMENT RIGIDS
The Portofino Entities are requesting that the City Commission adopt a Resolution setting publ c
hearings for the review of the proposed Transfer of Development Rights from the parcel known LS
SSDI North to the parcel known as SSDI South and/or the parcels known as the Alaskl.'n
Assemblage.
Portofino is seeking the transfer of386,016 square feet of development rights from the SSDI North
Parcel to the SSDI South Parcel and/or Alaskan Assemblage (which includes the Hinson Pa~cel,
Federal Triangle Parcel, Alaska Parcel and Goodman Terrace Parcel).
CONCLUSION
The Administration recommends that the City Commission approve the Resolutions setting t1: e
public hearings for May 21, 1997, at 5:01 P.M. or as soon thereafter, and for June 4, 1997, at 5:02
P,M. or as soon thereafter, for the review of the 1) proposed amendments to the FLUM of the Ci1 y
of Miami Beach and the proposed text changes to the Comprehensive Plan, 2) proposed amendmen s
to the South Shore Revitalization Strategy, 3) proposed amendment to Section 2-72.1 of the Code
of the City of Miami Beach, Florida, 4) proposed Zoning District Boundary Change for the Alaska
Parcel from MR to CPS-3, and 5) proposed transfer of development rights from SSDI North to S SI I
South and/or the Alaskan Assemblage and 6) that the City Commission approve the ResolutJOfs
setting the second reading public hearings for June 4, 1997, at 5:02 P.M. or as soon thereafter: fc r
review of~roposed Portofino DR! and the Amended Miami Beach Marina DR!.
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