97-22382 RESO
RESOLUTION NO.
97-22382
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA SETTING A PUBLIC HEARING
PURSUANT TO SECTION 380.06(11), FLORIDA STATUTES, TO
CONSIDER ADOPTING AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
THE DEVELOPMENT ORDER FOR THE MIAMI BEACH MARINA
DEVELOPMENT OF REGIONAL IMP ACT WHICH WAS APPROVED BY
RESOLUTION NO. 75-14762; PROVIDING FOR RENAMING OF THOSE
PORTIONS OF THE "MIAMI BEACH MARINA DRI" LEGALLY
DESCRIBED ON ON EXHIBIT "A" TO BE KNOWN AS THE "MIAMI
BEACH MARINA DRI"; PROVIDING FOR RENAMING OF THOSE
PORTIONS OF THE "MIAMI BEACH MARINA DRI" LEGALL Y
DESCRIBED ON EXHIBITS "B" AND "C" TO BE KNOWN AS THE
"PORTOFINO DRI" AND ISSUING A SEPARATE DRI DEVELOPMENT
ORDER FOR SAID LAND; PROVIDING FOR TRANSMITTAL TO THE
SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
RECORDATION IN THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; PROVIDING FOR A REPEALER AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") entered into a Development Agreement date:i
November 7, 1995 (hereinafter the "Development Agreement") with the Miami Bl~acl
Redevelopment Agency and the Porto fino Entities in order to resolve certain controversies an i
litigation involving certain property within the City and the South Pointe Redevelopment Area; ani
WHEREAS, the proposed amendments to the Portofino DR! are in furtherance of th~
requirements of the Development Agreement; and
WHEREAS, a first public hearing was previously scheduled by the Mayor and Cit {
Commission for May 21,1997 at 5:01 p.m.; and
WHEREAS, on April 29, 1997, the City's Planning board held a public hearing to cons ld( r
the proposed ordinance and voted 6 to 0 in favor of recommending that the Mayor and Cit I
Commission adopt the proposed ordinance; and
WHEREAS, Section 380.06(11), Florida Statutes, requires that a second public hearing b.~
held by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIT'"
COMMISSION OF THE CITY OF MIAMI BEACH, that a second public hearing to consde~
an Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amendin:.~
the Development Order for the Miami Beach Marina Development of Regional Impact which '.va)
approved by Resolution No. 75-14762; providing for renaming of those portions of the "Milm,i
Beach Marina DRI" legally described on Exhibit "A" to be known as the "Miami Beach Marira
DRI"; providing for renaming ofthose portions of the "Miami Beach Marina DRI" legally descIibfd
on Exhibits "B" and "C" to be known as the "Portofino DRI" and issuing a separate DlJ
Development Order for said land; providing for transmittal to the South Florida Regional Plamlirg
Council and the Florida Department of Community Affairs; providing for recordation in the Publ.c
Records of Dade County, Florida; providing for a repealer and an effective date, shall be calkd 1'0
be held before the Miami Beach City Commission in the City Commission chambers on the 1hiJ d
floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on June 4, 1997 beginning
at 5:02 p.m.; and the City Clerk is hereby authorized and directed to publish appropriate Ptbl c
Notice of the public hearing, at which time and place all interested parties will be heard.
PASSED AND ADOPTED this 7th day of
,1997.
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ATTEST:
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CITY CLERK
DJT\kw
F:\A TTOI TURN\RESOSIPDRlHRG.RES
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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ity Attornttf
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
L
CITY OF MIAMI BEACH
COMMISSION MEMORANDUM NO. 3D 7 - q 7
TO:
Mayor Seymour Gelber and
Memben of the City Commission
DATE:
May 7, ] 957
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Resolutions Settin Public Hearings for 1) Proposed Amendments to the Future
Land Use Map (FLUM) of the City of Miami Beach and Certain Text Changu
to the Year 2000 Comprehensive Plan for the City of Miami Beach, 2) Prop(!lse .1
Amendments to the South Shore Revitalization Strategy (Redevelopment Plan',
3) Proposed Amendments to Section 2-72.1 of the Code of the City of MLm i
Beach, Florida, 4) Proposed Approval of the Portofino Development ofRegi(!IDfl
Impact ("DRI") and the Amended Miami Beach Marina DRI, 5) Propose,.
Zoning District Boundary Change for the Alaska Parcel from MR. (Malin:~
Recreational) to CPS-3 (Commercial Intensive Mixed Use) and 6) Proposel!l
Transfer of Development Rights from SSDI North Parcel to SSDI South Pa]!"c( I
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 ~fal'
(FL UM) of the City of Miami Beach and certain text amendments to the Year 2000 Comprehem iVI ..
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) proposec.
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), FlOIid:..
Statutes,S) proposed Zoning District Boundary Change for the Alaska Parcel from MR (Malinl
Recreational) to CPS-3 (Commercial 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-t~5l
Pursuant to the Development Agreement, Portofino is required to seek further regulatory apprc,va lis
from the City and its boards and agencies, including the proposed amendments referenced abt)vc:.
On April 29, 1997, the City's Planning Board unanimously recommended approval by a vote of 6-),
1 absence of the I) 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 DFl
and the Amended Miami Beach Marina DR!, and 4) the proposed rezoning of the Alaska Parcel frmn
MR to CPS-3.
1. BACKGROUND AND ANALYSIS OF THE COMPREHENSIVE PLAN AMENDMENI~
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 ABair:;
("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 repm t
summarizing the comments of all of the commenting agencies has been transmitted back to the Ci~ r
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 '\Nith
the ORC or reasonable explanations for deviation must be provided in order for the DCA to rev.ev'
the fmal 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 lw(
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 FL UM are consistent with the terms of the Development Agreemf:nt
The amendments would change the future land use designation of the following parcels:
1. the ifF ormer Park Parcel" by changing the land use designation from ROS
(Recreation and Open Space) to C-PS4 (Commercial Intensive Phased Bayside) and DA.O
(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 ~md
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. tbe
Michigan and Jefferson Parcels, the Diamond C Parcel, the End Parcels, the Marina Parcel, tbe
Ocean Parcel, the 101/115/155 Parcels, a portion ofPirst Street, the Pier Park Parcel, the SSDI Nort.'l
Parcel, the SSDI South Parcel, the 211 Parcel, the Hinson Parcel, the Goodman Terrace Parcel ani
the 404 Parcel. This DAO would be in addition to the underlying land use classification and woul.i
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 cr
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 tCI 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 Bead
Year 2000 Comprehensive Plan, as amended, by adding a category to be entitled "Developmen
Agreement Overlay Category" to Policy 1.2 of Objective 1: Land Development Regulations of the
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 pub lic
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, 1984.
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 approve~d
redevelopment plan for the area in question.
The proposed amendments to the Revitalization Strategy accomplish two objectives: (I) the textmd
amendments indicate that implementation of the provisions of the Development Agreement aIle
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 Revitalizatio 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 Portofino 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 (:i~'
of Miami Beach, Florida, to include therein a reference to the Ordinance amending the South Sl1or".:
Revitalization Strategy Plan.
Due to the proposed changes to the South Shore Revitalization Strategy, Section 2-72.1 shoulCi. hi:
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 DR!
The Portofmo Entities are requesting that the City Commission adopt Resolutions setting puhli(
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 DRI and the
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~ll1
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 approval
affecting the SSDI North and SSDI South Parcels. The requested setting of the public hearing~; 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 ini: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 5:0 I 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 Porto fino 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 pllbl..c
hearings for the review of the proposed Zoning District Boundary Change for the Alaska Parcel fro n
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 propose.d
contemporaneous amendments to the City's Comprehensive Plan.
6. BACKGROUND AND ANALYSIS OF THE TRANSFER OF DEVELOPMENT RIGlIIS
The Portofmo Entities are requesting that the City Commission adopt a Resolution setting pu bh:::
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 Alaska}
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 PaIce ,
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 Ci~l
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 C)d ~
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 Portofino DR! and the Amended Miami Beach Marina DR!.
JGP\HSM\IDG
MHF:CT\F:PB\ALL\CMEMOS\1283PFS.SET
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