97-22385 RESO
RESOLUTION NO. 97-22385
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER APPROVING THE TRANSFER OF DEVELOPMENT RIGHTS
(TDR) OF 386,016 SQUARE FEET FROM THE PROPERTY KNOWN AS
SSDI NORTH PARCEL TO THE SSDI SOUTH PARCEL, THE ALASKA
PARCEL, THE FEDERAL TRIANGLE PARCEL, THE HINSON PARCEL,
AND THE GOODMAN TERRACE PARCEL PURSUANT TO SECTION 6-
29.D OF CITY OF MIAMI BEACH ZONING ORDINANCE NO. 89-2665.
WHEREAS, on November 7, 1995, the Porto fino Entities ("Portofino"), the City ofMlaIni
Beach, and the Redevelopment Agency entered into a Development Agreement ("Developme: It
Agreement") which provided for the transfer of floor area from Portofino's SSDI North Parcel to tI e
SSDI South Parcel, the Alaska Parcel, the Federal Triangle Parcel, the Hinson Parcel, anc tl e
Goodman Terrace Parcel; and
WHEREAS, pursuant to Section 6.29D of the Zoning Ordinance, the above-referenct d
transfer of development rights requires approval by the City Commission at a publicly n01ict d
hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CIT'~
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing by tie
Mayor and City Commission to consider approving the Transfer of Development Rights (TDR) llf
386,016 square feet from the property known as SSDI North Parcel to the SSDI South Parcel, tie
Alaska Parcel, the Federal Triangle Parcel, the Hinson Parcel, and the Goodman Terrace Parc .~l
pursuant to Section 6-29.D of City of Miami Beach Zoning Ordinance No. 89-2665 is herd y
scheduled on Wednesday, June 4,1997 beginning at 5:02 p.m. in the City Commission Cham be 'S
at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida, and the City Clerk is heret y
authorized and directed to publish the appropriate public notice of said public hearing at which tin e
and place all interested parties will be heard.
PASSED and ADOPTED this ~ day of
May
,1997.
AT. TEST: ~
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C TY CLERK
MAYOR APPROVE[:> J"S TO
FORM & lAJ''IGUAGE
& FOR EXEClTION
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City Attorney - 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, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Resolutions Settin Public Hearings for 1) Proposed Amendments to the Fu.ur~
Land Use Map (FLUM) of the City of Miami Beach and Certain Text Chan.ge~
to the Year 2000 Comprehensive Plan for the City of Miami Beach, 2) Proposed
Amendments to the South Shore Revitalization Strategy (Redevelopment Plan;.,
3) Proposed Amendments to Section 2-72.1 of the Code of the City of Mhlm i
Beach, Florida, 4) Proposed Approval of the Portofino Development of RegiomliI
Impact ("DRI") and the Amended Miami Beach Marina DR!, 5) Propo~sed
Zoning District Boundary Change for the Alaska Parcel from M:R (Marinl'!:
Recreational) to CPS-3 (Commercial Intensive Mixed Use) and 6) Propo.~e(1
Transfer of Development Rights from SSDI North Parcel to SSDI South Parcel.
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 tht
required public hearings for the review of the 1) proposed amendments to the Future Land Use N[aI
(pLUM) of the City of Miami Beach and certain text amendments to the Year 2000 Comprehenslvt
Plan ("Comprehensive Plan") for the City of Miami Beach, 2) proposed amendments to the SOlId:
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 DRI and the Amended Miami Beach Marina DRI pursuant to Section 380.06(11), Flonld~i
Statutes,S) proposed Zoning District Boundary Change for the Alaska Parcel from MR (Man,nE
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 South
and/or the parcels known as the Alaskan Assemblage.
AGENDA ITEM
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5-l::SL
DATE
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 abov€. .
On April 29, 1997, the City's Planning Board unanimously recommended approval by a vote of 6-t I,
1 absence of the 1) proposed amendments to the FL UM and the text of the Comprehensive Plan, :)
the proposed amendments to the South Shore Revitalization Strategy, 3) the proposed Portofino :JF I
and the Amended Miami Beach Marina D RI, and 4) the proposed rezoning of the Alaska Parcel frO! 1
MR to CPS-3.
1. BACKGROUND AND ANALYSIS OF THE COMPREHENSIVE PLAN AMENDME:NTi
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 commertell
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 C:i!: '
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 FL UM are consistent with the terms of the Development Agreemtut
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 I
(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, the
Ocean Parcel, the 101/115/155 Parcels, a portion ofPirst 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 an 1
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 or
requirements within a development agreement that might not be contained within the City's ZOIiing
Ordinance.
These proposed changes to the FLUM have been reviewed by the Administration and found to h:.:
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~n
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 REVITALIZATION
STRATEGY AMENDMENTS
The Portofino 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, 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 i
redevelopment plan for the area in question.
The proposed amendments to the Revitalization Strategy accomplish two objectives: (1) the te}(tm 1
amendments indicate that implementation of the provisions of the Development Agreement al~
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 Pia 1
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 r
of Miami Beach, Florida, to include therein a reference to the Ordinance amending the South Shor~
Revitalization Strategy Plan.
Due to the proposed changes to the South Shore Revitalization Strategy, Section 2-72.1 should b.~
amended so that it properly reflects the most recent version of the Revitalization Strategy, a;
amended.
4. BACKGROUND AND ANALYSIS OF THE PROPOSED PORTOFINO DR! AND
THE AMENDED MIAMI BEACH MARINA DRI
The Portofmo Entities are requesting that the City Commission adopt Resolutions setting publi .:
hearings for the review of the proposed Portofino DR! and the Amended Miami Beach Marina DRI
pursuant to Section 380.06(11), Florida Statutes.
Pursuant to Section 4.1 (iv) of the Development Agreement, the proposed Portofrno DRI and th.:
Amended Miami Beach Marina DR! are defined as Development Approvals which must b:
performed or the Development Agreement conditions to be met. Section 4.6 of the Development
Agreement provides that the parties shall act in good faith, cooperate with each other and not dda: r
in seeking any and all modifications of the existing Development of Regional Impact appf(lva 1
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 th.:
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 j irs t
public hearing on May 21, 1997 at 5:01p.m. The Administration is requesting that the Cit: r
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Commission approve the Resolutions setting the matters for their second reading public hearing f Jr
review of the Proposed Portofino DRl and the Amended Miami Beach Marina DRl for June 4, ] 99 7,
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.c
hearings for the review of the proposed Zoning District Boundary Change for the Alaska Parcel ::ro 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 propos(.d
contemporaneous amendments to the City's Comprehensive Plan.
6. BACKGROUND AND ANALYSIS OF THE TRANSFER OF DEVELOPMENT RIGIUS
The Portofmo Entities are requesting that the City Commission adopt a Resolution setting pu bh c
hearings for the review of the proposed Transfer of Development Rights from the parcel known ~. s
SSDr 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 NJrt 1
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 ::o.~
P.M. or as soon thereafter, for the review of the 1) proposed amendments to the FL UM of the Cit 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 Cod.:
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 SSDf
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 Porto fino DRl and the Amended Miami Beach Marina DRl.
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