97-22383 RESO
RESOLUTION NO.
97-22383
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, 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 IMPACT WHICH WAS APPROVED BY RESOLUTION NO. 75-
14762; PROVIDING FOR RENAMING OF THOSE PORTIONS OF THE
"MIAMI BEACH MARINA DRI" LEGALLY DESCRIBED ON EXHIBIT
"A" TO BE KNOWN AS THE "MIAMI BEACH MARINA DRI";
PROVIDING FOR RENAMING OF THOSE PORTIONS OF THE "MIAMI
BEACH DRI" LEGALLY DESCRIBED ON EXHIBITS "B" AND "C" TO BE
KNOWN AS THE "PORTO FINO DRI"; 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 dlte I
November 7, 1995 (hereinafter the "Development Agreement") with the Miami Bf:ac 1
Redevelopment Agency and the Portofino Entities in order to resolve certain controversies an i
litigation involving certain property within the City and the South Pointe Redevelopment Area; an i
WHEREAS, the proposed amendments to the Miami Beach Marina DRI are in furthenne.~
of the 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 ldf r
the proposed ordinance and voted 6 to 0 in favor of recommending that the Mayor and Cit 1
Commission adopt the proposed ordinance; and
WHEREAS, Section 380. 06( 11), Florida Statutes, requires that a second public hearin~ ~ b .:
held by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, that a second public hearing to conSIder
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 Impact which \va:;
approved by Resolution No. 75-14762; providing for renaming of those portions of the "Miami
Beach Marina DRI" legally described on Exhibit "A" to be known as the "Miami Beach Marina
DRI"; providing for renaming of those portions of the "Miami Beach DRI" legally described on
Exhibits "B" and "C" to be known as the "Portofino DRI"; providing for transmittal to the SOUtl
Florida Regional Planning Council and the Florida Department of Community Affairs; providin.~
for recordation in the Public Records of Dade County, Florida; providing for a repealer and al
effective date, shall be called to be held before the Miami Beach City Commission in the (~it V
Commission chambers on the third floor of City Hall, 1700 Convention Center Drive, Miami Beadl,
Florida on June 4, 1997 beginning at 5:02 p.m.; and the City Clerk is hereby authorized an j
directed to publish appropriate Public Notice of the public hearing, at which time and place a I
interested parties will be heard.
PASSED AND ADOPTED this 7th day of
, 1997
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ATTEST:
j( oW-! d- r rM~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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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
Memben of the City Commission
DATE:
May 7, 1~9.r
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Resolutions Settin Public Hearings for 1) Proposed Amendments to the Future
Land Use Map (FLUM) ofthe City of Miami Beach and Certain Text Change~'i
to the Year 2000 Comprehensive Plan for the City of Miami Beach, 2) Proposecll
Amendments to the South Shore Revitalization Strategy (Redevelopment Plan).,
3) Proposed Amendments to Section 2-72.1 of the Code of the City of Mi~llm
Beach, Florida, 4) Proposed Approval of the Portofino Development of RegionaI.
Impact ("DRI") and the Amended Miami Beach Marina DR!, 5) Propo:.;e(
Zoning District Boundary Change for the Alaska Parcel from MR (Marim
Recreational) to CPS-3 (Commercial Intensive Mixed Use) and 6) Propo:.;e(
Transfer of Development Rights from SSDI North Parcel to SSDI South Palce
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 SOltl
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) propo:;ec
Portofino DR! and the Amended Miami Beach Marina DR! pursuant to Section 380.06(11), Florid,
Statutes,S) proposed Zoning District Boundary Change for the Alaska Parcel from MR (Marim
Recreational) to CPS-3 (Commercial Intensive Mixed Use), and 6) proposed Transfer of
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."u_
5-1~~l.
DATE
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 of 6-11,
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 DFI
and the Amended Miami Beach Marina DR!, and 4) the proposed rezoning of the Alaska Parcel fmrl
MR to CPS-3.
1. BACKGROUND AND ANALYSIS OF THE COMPREHENSIVE PLAN AMENDME:NT,'i
On February 5, 1997, the City Commission, upon recommendation by the Planning Board (sit:in.~
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 commentelll
on the proposed amendments and their consistency with the State, regional and local plans. A repOl t
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 revile,'
the fmal actions of the City and to determine whether those actions are "in compliance" or "not hl
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 1WCi
advertised public hearings. The application to amend the Comprehensive Plan is divided into 1 we. I
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 Agreemc: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 DA(
(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 iID(
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 I
(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 Norti'l
Parcel, the SSDI South Parcel, the 211 Parcel, the Hinson Parcel, the Goodman Terrace Parcel anll
the 404 Parcel. This DAO would be in addition to the underlying land use classification and wculcl
be for identification purposes only. The DAO would not change the underlying land use designaliml
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 Zoninj:
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 oflhe
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 compliarce
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..ic
hearings for the review of the proposed amendments to the South Shore Revitalization Strate:.~y
(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 hy
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 apprcve 1
redevelopment plan for the area in question.
The proposed amendments to the Revitalization Strategy accomplish two objectives: (1) the textrnJ
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 Revitalizajol
Strategy and (2) the extension of the term of the existing redevelopment trust fund, established hr
the City and approved by the County, is formally ratified and modified in the Revitalization Plait
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 public
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 Shon
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 DR!
The Porto fino 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 DRJ
pursuant to Section 380.06(11), Florida Statutes.
Pursuant to Section 4. 1 (iv) of the Development Agreement, the proposed Portofmo DR! and 'he
Amended Miami Beach Marina DR! are defmed as Development Approvals which must be
performed or the Development Agreement conditions to be met. Section 4.6 of the Developffil~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 appro'lal
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 1he
same manner as for a rezoning as provided under the appropriate special or local law or ordinanl~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, ] 997,
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 pllblic
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 LS
consistent with the relevant provisions of the Development Agreement and the proplJs(.d
contemporaneous amendments to the City's Comprehensive Plan.
6. BACKGROUND AND ANALYSIS OF THE TRANSFER OF DEVELOPMENT RIGlDS
The Portofmo Entities are requesting that the City Commission adopt a Resolution setting pl.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 Alaskan
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 Parcel,
Federal Triangle Parcel, Alaska Parcel and Goodman Terrace Parcel).
CONCLUSION
The Administration recommends that the City Commission approve the Resolutions setting the
public hearings for May 21, 1997, at 5:01 P.M. or as soon thereafter, and for June 4, 1997, at :i:O.Z
P.M. or as soon thereafter, for the review of the 1) proposed amendments to the FLUM of the Cit (
of Miami Beach and the proposed text changes to the Comprehensive Plan, 2) proposed amendmiems
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 Alask 1
Parcel from MR to CPS-3, and 5) proposed transfer of development rights from SSDI North to SS[ I
South and/or the Alaskan Assemblage and 6) that the City Commission approve the ResolutioIl5
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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