96-21959 RESO Incomplete
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RESOLUTION NO. 96-21959
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING A REVISION TO THE APPROVED
CONCEPT PLAN CONTAINED IN THE DEVELOPMENT
AGREEMENT DATED APRIL 17, 1986, BETWEEN THE
CITY OF MIAMI BEACH, THE MIAMI BEACH
REDEVELOPMENT AGENCY AND SOUTH SHORE
DEVELOPERS, INC. PERTAINING TO THE S.S.D.I. SOUTH
PARCEL ADJACENT TO THE MIAMI BEACH MARINA
WHEREAS, on April 17, 1986, pursuant to a stipulation and order in the case of South
Shore Developers. Inc.. et.a!. v. The City of Miami Beach. et.a!., Case No. 82-24526, a development
agreement between the City of Miami Beach (City), the Miami Beach Redevelopment Agency
(Agency) and South Shore Developers, Inc. (S.S.D.I.) was executed, which included a concept plan
for the property referred to as the S.S.D.I. South Shore; and
WHEREAS, the Portofino Entities (Portofino) are the successors in interest to S.S.D.I.; and
WHEREAS, pursuant to Resolution No. 95-21821, the City authorized Portofino to apply
to the City's Design Review Board (D.R.B.) for approval of a project on the S.S.D.I. South property;
and
WHEREAS, the D.R.B. approved the project on January 9, 1996; and
WHEREAS, pursuant to Paragraph 6(b) of the 1986 Development Agreement, revisions to
the Concept Plan can be authorized by the City; and
WHEREAS, Porto fino has applied for a revision to the approved Concept Plan of April 17,
1986, in order to construct the project approved by the D.R.B. on January 9, 1996.
NO\V, THEREFORE, BE IT DULY RESOLVED by the Mayor and City Commission
of the City of Miami Beach:
Section 1. That the Concept Plan. which is contained in the Development Agreement of
April 17, 1986, between the City, the Miami Beach Redevelopment Agency and Porto fino as
successor to S.S.D.1. South is hereby revised to allow for construction upon Phase I (northern
portion) of S.S.D.l. South in accordance with the Design Guidelines adopted under Resolution No.
95-21749, and on Phase II (southern portion) of S.S.D.1. South in accordance with the revised
Concept Plan attached hereto as Exhibit 1, provided that this revised Concept Plan shall have no
effect on the allowable developable square footage permitted pursuant to the 1986 Development
Agreement: provided further that nothing herein shall be deemed to preclude the developers seeking
further amendments to the Concept Plan, if required.
Section 2.
This resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED THIS 17TH DAY OF APRIL, 1996.
ATTEST:
CITY CLERK
MAYOR
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
AUTHORIZING A REVISION TO THE APPROVED CONCEPT
PLAN CONTAINED IN THE DEVELOPMENT AGREEMENT
DATED APRIL 17, 1986 BETWEEN THE CITY OF MIAMI
BEACH, THE MIAMI BEACH REDEVELOPMENT AGENCY
AND SOUTH SHORE DEVELOPERS INC. PERTAINING TO
THE S . S . D. I . SOUTH PARCEL ADJACENT TO THE
MIAMI BEACH MARINA
WHEREAS, on April 17, 1986, pursuant to a stipulation and
order in the case of South Shore Developers, Inc., et.al. v. The
Ci ty of Miami Beach, et. al., Case No. 82-24526, a development
agreement between the City of Miami Beach (City), the Miami Beach
Redevelopment Agency (Agency) and South Shore Developers, Inc.
(5.5. D. l.) was executed, which included a concept plan for the
property referred to as the S.S.D.I. South Parcel; and
WHEREAS, the Portofino Entities (Portofino) are the successors
in interest to S.S.D.l.; and
WHEREAS, pursuant
authorized Portofino to
(D.R.B.) for approval of
and
to Resolution No. 95-21821, the City
apply to the City's Design Review Board
a project on the S.S.D.l. South property;
WHEREAS, the D.R.B. approved the project on January 9, 1996;
~ and
WHEREAS, pursuant to Paragraph 6(b) of the 1986 Development
Agreement, revisions to the Concept Plan can be authorized by the
City; and
WHEREAS, Portofino has applied for a revision to the approved
Concept Plan of April 17, 1986 in order to construct the project
approved by the D.R.B. on January 9, 1996.
NOW, THEREFORE, BE IT DULY RESOLVED by the Mayor and City
Commission of the City of Miami Beach:
Section 1. That the Concept Plan, which is contained in
the Development Agreement of April 17, 1986, between the City, the
Miami Beach Redevelopment Agency and Portofino (as successor to
S.S.D.l.) is hereby revised to allow for the construction of the
project as approved by the D.R.B. on January 9, 1996. The revised
Concept Plan is attached hereto as Exhibit "1".
281
Section 2:
upon adoption.
This resolution shall be effective immediately
Passed and Adopted this
day of
, 1996.
MAYOR
ATTEST:
CITY CLERK
FORM APPROVED
LEGAL DEPT.
By /}tI ~
Date ?:. -I ~ -7,6
ssdiso.res
282
CITY OF
MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~ ~ ~ - q ~
TO:
Mayor Seymour Gelber and
Memben of the City Commission
April 17, 1996
DATE:
FROM:
Jose Garcia-Pedrosa t
City Manager
Concept Plan Ame ment for SSDI South Parcel
SUBJECT:
RECOMMENDATION
The City Administration recommends that the City Commission approve the proposed revised
amendment to the Concept Plan for the SSDI South Parcel.
BACKGROUND
On April 17, 1986, the City of Miami Beach, the Miami Beach Redevelopment Agency and south
Shore Developers, Inc. (S.S.D.I.) entered into a development agreement, pursuant to a stipulation
and order in the case of South Shore Developers. Inc. et. al v. The City of Miami Beach. et. al.. Case
No. 82-24266. Said agreement incorporates a Concept Plan for areas knows as the SSDI South
Parcel and the SSDI North Parcel, indicating the placement of buildings and their respective uses.
~
As the Commission is aware, the Porto fino Entities have become the successors in interest to the
S.S.D.1. properties. Indeed, pursuant to Resolution Nol. 95-21821, the City Commission authorized
Portofino to apply to the City's Design Review Board for approval of an apartment building project
on the S.S.D.I South Parcel and, further, that an amendment to the Concept Plan be prepared to
reflect this project.
On January 9, 1996, the Design Review Board approved the project, tentatively known as the "Yacht
Club at South Beach", a 362 unit 34-story apartment building with low-rise apartments at the
pedestal level of the building. The site plan for this project, while comporting with the Urban Design
Master Plan and Design Guidelines of the Portofino Development Agreement, does not comport with
the Concept Plan as contained within the 1986 S.S.D.I. Development Agreement.
On March 20, 1996 and April 2, 1996, the City Commission voted to continue the matter of
amending the Concept Plan for the SSDr Parcel, concluding that the proposed amendment as
presented by Portofino was not complete in that it did not encompass the entire site and that it
needed further refmement.
@
279
AGENDA ITEM R 1 e.
DATE~-1/-9"
ANALYSIS
Pursuant to the terms of paragraph 6(b) of the SSDI Development Agreement executed in 1986,
revisions to the Concept Plan can be considered by the City and cannot be unreasonable withheld
or delayed. On February 16, 1996, a formal request was sent to me in my capacity as City Manager
and Executive Director of Miami Beach Redevelopment Agency, to amend only that portion of the
Concept Plan for the SSDI South parcel to reflect the Yacht Club at South Beach project.
Although the proposed amendment to that portion of the Concept Plan was consistent with the
project plans as approved by the Design Review Board and met the minimum requirements of the
urban Design Master Plan and Design Guidelines as provided for in the Portofino Development
Agreement, it did not address the balance of the SSDI South Parcel. Although Portofmo presented
a Concept Plan amendment for the entire parcel on March 20, 1996, the Commission concluded that
said amendment was not acceptable.
In the intervening period, Porto fino has responded to City Commission concerns by submitting a
revised amendment to the Concept Plan. The revised plan includes the entire SSDI South parcel; in
addition to the proposed Yacht Club at South Beach project, it depicts two additional slender towers
on the south portion of the parcel. These towers, proposed to be angled in orientation from Alton
Road, would be separated a distance of one hundred feet from each other. Although the concept
design does not include the required open space courtyard fronting Alton Road and the vehicular
drop-off area may be too large, these are relatively minor issues which should be addressed readily
by the Design Review process.
More importantly, the plan shows a substantial increase in the width of the pedestrian passage
dividing the north and south portions of the parcel to a total width of forty feet, at grade. This
-. widened passage would accomodate a service driveway. At approximately twenty-two feet above
grade, the setback of the pedestal portion of each building would be increased another 6 feet, thereby
creating a separation of fifty-two feet to the top of each pedestal. The pedestrian/driveway passage
would be appropriately paved and landscaped with the same materials to create a unified appearance,
providing a more attractive visual connection between Alton Road and the Baywalk. There would
be a separation between pedestrian and vehicular movement, probably with the use of decorative
bollards.
CONCLUSION
The Administration believes that the revised amendment to SSDI South Concept Plan, as attached
hereto, represents a significant improvement to what was initially submitted and has concluded that
the Commission should approve said amendment.
~
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280
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SSDI (S) MASTER PLAN
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285
SASAKI
RESOLUTION NO. 95-21821
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH AUTHORIZING THE CITY
ADMINISTRATION AND CITY A TIORNEY'S
OFFICE TO PREPARE AMENDMENTS, AS
APPLICABLE, TO THE ZONING ORDINANCE
OF THE CITY OF MIAMI BEACH TO
INCORPORATE THE DESIGN GUIDELINES,
AND TO PREPARE AMENDMENTS TO THE
FACADE REVIEW COLOR CHART OF THE
WNING ORDINANCE, BOTH APPROVED AS
PART OF THE CITY OF MIAMI BEACH -
PORTOFINO DEVELOPMENT AGREEMENT
AND FURTHER AUTHORIZING THE
PREPARATION OF A REVISED CONCEPT
PLAN FOR THE CONSTRUCTION OF A
RESIDENTIAL PROJECf ON THE S.S.D.L
SOUTH UPLAND PROPERlY TO BE
PRESENTED TO THE DESIGN REVIEW
BOARD.
WHEREAS, on October 5, 1995, pursuant to City Commission Resolution No. 95-21749
and Redevelopment Agency Resolution No. 219-95, a Development Agreement was approved
between the City, the RDA and the Portofino Entities, which included Proposed Urban Design
Guidelines for the Properties included in the Development Agreement (Exhibit "1 H); and
WHEREAS, in order to insure the continuing application of the Design Guidelines, the City
Administration and City Attorney's Office recommends that the attached Guidelines be incorporated
in the City's zoning code; and
WHEREAS, pursuant to the Original Development Agreement of April 17, 1986, a concept
plan was approved which permits construction, including the S.S.D.I. South Parcel, in a manner
inconsistent with the above-referenced Design Guidelines; and
WHEREAS, in order to insure the development of S.S.D.I. South (northern portion), in a
manner consistent with the Design Guidelines, the Portofino Entities have requested, pursuant to
paragraph 6(b) of the April 17, 1986 Agreement and pursuant to paragraph 4.1 (iii)(b) of the
agreement approved on October 5, 1995, a revision to the previously approved concept plan in order
to construct a building on S.S.D.I. South which would conform to the design guidelines; and
WHEREAS, pursuant to the above-referenced Development Agreement, the City and
Portofino agreed to consider expanding the approved facade review color chart for the City.
286
NOW, TBEREFO~ BE IT DULY RESOLVED by the Mayor and City Commission of
the City of Miami Beach:
Section 1. That the Proposed Design Guidelines, attached as Exhibit "1", be referred to
the Planning Board for recommendation to incorporate as applicable, in the City's Zoning Ordinance.
Section 2. That any necessary amendments to the approved facade review color chart
Ordinance be presented to the Planning Board for recommendation.
Section 3. That the concept plan approved as part of the April 17, 1986 Development
Agreement be prepared for revision to allow for construction in accord with the Urban Design
Guidelines and to allow the Portofino Entities to submit a revised plan to the Design Review Board.
Section 4. That all Ordinance amendments and the final revised concept plan shall be
subject to City Commission approval.
PASSED and ADOPTED this 21st day of
ATIEST:
f::1~~
FORM APPROVED
Legal Dept.
By ""7eo-S:>
Date II-I l,-C\ (-
JD:jm
Ljd69S:dt:spidJa
287
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11): l,11 Y UI- NUt..: I H r11HI'11
I~L NO:305 899 0497
;:1412 P04
16
D~veloper with applicable zoning la~ in respect of such
Phase, such property shall be treated as if the same
continued to be owned by Developer and a part of the
applicable Phase.
(b) The City has rezoned or caused to be rezoned
all of the Property to C-PS4, with a permissible floor area
ratio of 3.5. The City agrees not to change such zoning, or
the requirements set forth therein or benefits available
pursuant thereto, in a manner which would bind Developer or
the Property or any portion thereof subsequent to the date
hereof without the prior written cQnsent of Developer, which
consent may be granted or withheld in Developer.s sole
discretion.
(c) The City and the Agency shall be responsible
for obtaining on behalf of Developer the Development
Appro~als listed 1n Exhibit D attached hereto and
incorporated herein. Developer shall cooperate with the City
and the Agency, at the Cost "and expense of the City and the
Agency_ in all ways reasonably requested by the City and the
Agency in order ~o obtain such Development Approvals.
6 . CONCEPT PLAN. ( a) The Concept PI an, as the
same exists on the date hereof. has been submitted to and
approved by the Miami Beach Planning Department as the site
Ian for all of the Property. Said Concept Plan shall be
eemed to satiSfy the requirements of the C-PS4 Performance
288
'IM"'-.....;>- =>0 W~j.I ...~;'+'+ H'.....!" u, .,ul"\.,n ,.IlHI'U I~L NO:305 899 0497
1:;412 I-'ld~
17
Standard Zoning Dis~ric~ and Phases I and II of said Concep~
Plan shall be deemed ~o satisfy Section 21 of the Zoning
i
II
ordinance as to design review of site plans. and that portion
of section 23-3 pertaining to site plan review. Specific
building plans shall. however, be subjec~ to design review
pursuan~ to Section 21 of the Zoning Ordinance.
(b) The Concept Plan, as the same exists on the
date hereof, contemplates primarily residential uses with
ancillary and support retail development of ~he Parcels and
provides for drop-off parking as shown on the Site Plan. In
the event Developer desires to change the Concept Plan,
including, without limitation, incorporating a hotel on all
or any portion of the Parcels, a revised Concept Plan shall
be submitted to the City for its approval and the City agrees
that approval of such revised Concept Plan shall not he
unreasonably withheld or delayed; provided, however, that it
~hall be reasonable for the City to withhold such approval if
such revised Concept Plan shall seek to eliminate or reduce
the number of parking spaces to be provided to the City
I
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1 pursuan~ to and in accordance wi~h the Parking Agreemen~. it
being understood and agreed that the aforesaid right relating
to parking shall not apply if Dev~loper is not obligated to
provide parking spaces pursuant to the Parking Agreement, and
provided. further. that it shall be reasonahle for the City
289
",.,"'-.....:>-."='o UJtoJ.J 1~:4::' i!):CiTY OF NURTH MiRMI
TEL NO:30~ ~~~ ~4~(
*'*412 P06
18
~o withhold approval of any revised Concept Plan which seeks
to eliminate or diminish ~he easements to be granted to the
City pursuant to Section 10 of this Development Agreement or
which seeks to eliminate or diminish the interior pedestrian
access to be provided by Developer pursuant to Section ID(c)
of this Development Agreement.
(c) For purposes of the computation of the floor
area of the Property. Developer may include in the
calculation of the square footage of the Parcels (i) any
portion thereo~ which Developer encumbers by way of easement.
license or otherwise in favor of the public or the City
hereunder or pursuant hereto and (ii), as to Parcels III
and/or IV. the unused floor area of lots 27. 28 and 29 and
portions of lots 25 and 26 of the Marina Parcel as shown on
Sheet 1 of the boundary and topographic survey prepared by
James Beardman & Associates. dated June 12. 1985 and revised
September 25. 1985, which unused floor area the parties
hereto agree is 174,388 square feet and which unused floor
area is to be transferred to Developer pursuant to Section
6(g) below.
(d) The Agency shall transfer to Developer,
prOmptly following and pursuant to rules and regulations
promulgated by the Planning Department of the City and
enaCted by the City Commission pursuant ~o Section 12-6.A of
~he Zoning Ordinance, 174.388 square feet of unused floor
290
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I t::.L NO: 30:5 t::::I::I la4::1. ,..
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19
area attributable to the Marina Parcel from the Marina Parcel
to Parcels III and IV. Such transfer shall be made pursuant
~o instruments and documents reasonably acceptable to
Developer and once such transfer is made the Agency shall not
amend, modify, cancel. terminate. rescind or alter the same.
The.City hereby agrees to cause the City Commission to direct
the Planning Department of the City to promulgate such rules
and regulations on or before January 1. 1987, to cause the
City Commission to enact such rules and regulations on or
~ before July, 1987 and to cause the ~ransfer contemplated
herein to be completed in all events on or before ~he later
of (i) the date Developer purchases Phase III or (1i)
October 1. 1987.
7. CHANGE OF LAWS. Ca) The rules, regulations,
ordinances, laws, general or specific plans and official
policies of the City governing development, density.
~rmitted uses, growth management, environmental
.considerations, design criteria and other matters pertaining
~o 4evelopment of the Property shall be those in force and
effect at the date hereof. Subject to adoption of the rules
and regulations contemplated in Section 6(d). the City may.
hereafter, during the term of this Development Agreement
apply only such new and/or modified rules. regulations,
ordinances. laws, general or specific plans and official
: POlicies which are not in conflic~ with ~hose in effect on
291
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Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVEJ...OPMENT AGENCY MEMORANDUM NO. 96-16
DATE:
April 17, 1996
TO:
Chairman and Members of the Board
of the Redevelopment Agency
FROM:
Jose Garcia-Pedrosa
Executive Director
SUBJECT: Concept Plan Amen ent for SSDI South Parcel
RECOMMENDATION
The Administration recommends that the Miami Beach Redevelopment Agency (Agency) approve
the proposed revised amendment to the Concept Plan for the SSDI South Parcel.
BACKGROUND
On April 17, 1986, the City of Miami Beach, the Miami Beach Redevelopment Agency and South
Shore Developers, Inc. (S.S.D.l) entered into a development agreement, pursuant to a stipulation
and order in the case of South Shore Developers. Inc. et. al v. The City of Miami Beach. et. al.. Case
No. 82-24266. Said agreement incorporates a Concept Plan for areas knows as the SSDI South
Parcel and the SSDI North Parcel, indicating the placement of buildings and their respective uses.
As the Agency is aware, the Portofino Entities have become the successors in interest to the S.S.D.I.
properties. Indeed, pursuant to Resolution Nol. 95-21821, the City Commission/Agency authorized
Portofino to apply to the City's Design Review Board for approval of an apartment building project
on the S.S.D.I South Parcel and, further, that an amendment to the Concept Plan be prepared to
reflect this project.
On January 9, 1996, the Design Review Board approved the project, tentatively known as the "Yacht
Club at South Beach", a 362 unit 34-story apartment building with low-rise apartments at the pedestal
level of the building. The site plan for this project, while comporting with the Urban Design Master
Plan and Design Guidelines of the Portofino Development Agreement, does not comport with the
Concept Plan as contained within the 1986 S.S.D.l Development Agreement.
On March 20, 1996 and April 2, 1996, the City Commission/Agency voted to continue the matter of
amending the Concept Plan for the SSDI Parcel, concluding that the proposed amendment as
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April 17, 1996
presented by Portofino was not complete in that it did not encompass the entire site and that it needed
further refinement.
ANALYSIS
Pursuant to the terms of paragraph 6(b) of the SSDI Development Agreement executed in 1986,
revisions to the Concept Plan can be considered by the City and cannot be unreasonable withheld or
delayed. On February 16, 1996, a formal request was sent to me in my capacity as City Manager and
Executive Director of Miami Beach Redevelopment Agency, to amend only that portion of the
Concept Plan for the SSDI South parcel to reflect the Yacht Club at South Beach project.
Although the proposed amendment to that portion of the Concept Plan was consistent with the
project plans as approved by the Design Review Board and met the minimum requirements of the
urban Design Master Plan and Design Guidelines as provided for in the Portofino Development
Agreement, it did not address the balance of the SSDI South Parcel. Although Portofino presented
a Concept Plan amendment for the entire parcel on March 20, 1996, the Commission! Agency
concluded that said amendment was not acceptable.
In the intervening period, Portofino has responded to City Commission! Agency concerns by
submitting a revised amendment to the Concept Plan. The revised plan includes the entire SSDI South
parcel; in addition to the proposed Yacht Club at South Beach project, it depicts two additional
slender towers on the south portion of the parcel. These towers, proposed to be angled in orientation
from Alton Road, would be separated a distance of one hundred feet from each other. Although the
concept design does not include the required open space courtyard fronting Alton Road and the
vehicular drop-off area may be too large, these are relatively minor issues which should be addressed
readily by the Design Review process.
More importantly, the plan shows a substantial increase in the width of the pedestrian passage
dividing the north and south portions of the parcel to a total width of forty feet, at grade. This
widened passage would accomodate a service driveway. At approximately twenty-two feet above
grade, the setback of the pedestal portion of each building would be increased another 6 feet, thereby
creating a separation offifty-two feet to the top of each pedestal. The pedestrian/driveway passage
would be appropriately paved and landscaped with the same materials to create a unified appearance,
providing a more attractive visual connection between Alton Road and the Baywalk. There would
be a separation between pedestrian and vehicular movement, probably with the use of decorative
bollards.
CONCLUSION
The Administration believes that the revised amendment to SSDI South Concept Plan, as attached
hereto, represents a significant improvement to what was initially submitted and has concluded that
the Agency should approve said amendment.
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