Ordinance 98-3121 t i
Agenda Item R5F 4c
ALTERNATIVE PORTOFINO DRI DEVELOPMENT ORDER
ORDINANCE NO. 98-3121
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 ALTERNATIVE MIAMI BEACH MARINA DRI;
PROVIDING FOR RENAMING OF THOSE PORTIONS OF
THE MIAMI BEACH MARINA DRI LEGALLY DESCRIBED
ON EXHIBITS "B" AND "C" TO BE KNOWN AS THE
"ALTERNATIVE PORTOFINO DRI" AND ISSUING A
SEPARATE DRI DEVELOPMENT ORDER FOR SUCH
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,on July 16, 1975,the Mayor and City Commission of the City of Miami Beach
pursuant to Resolution 75-14762 approved a development order for the Miami Beach Marina
Development of Regional Impact affecting properties legally described on Exhibits "A" and "B" ;
and
WHEREAS,those portions of the Miami Beach Marina DRI-legally described on Exhibit
"A" are owned and are to be developed by the City of Miami Beach; and
WHEREAS,the property legally described on Exhibit "B" , together with the lands legally
described on Exhibit"C" are to be owned and developed by the Portofino Entities (as such entities
are identified in the Portofino DRI Alternative ADA) as the Portofino DRI; and
WHEREAS,the properties legally described on Exhibits "A" , "B" and "C" are or will be
in separate ownership,are at different stages of development and are amenable to being severed from
one another so as to create two separate and distinct developments of regional impact; and
Agenda Item R5F 4c
WHEREAS,on August 15, 1997,the Portofino Entities,with the knowledge of the City of
Miami Beach,filed an Alternative Amended Application for Development Approval as a substantial
deviation to the previously approved Miami Beach Marina DRI; and
WHEREAS,the amendments to the previously approved Miami Beach Marina DRI include
the bifurcation of this DRI so as to create two separate and distinct developments of regional impact
to be known as the Miami Beach Marina DRI and the Portofino DRI subject to separate and distinct
DRI development orders constituting amendments to the original Miami Beach Marina DRI
development approved pursuant to Resolution 75-14762; and
WHEREAS, on December 1, 1997, the City's Planning Board held a public hearing to
consider the amendments to the Miami Beach Marina DRI,after which the board voted unanimously
to recommend approval of the request; and
WHEREAS,the City Commission of the City of Miami Beach held two public hearings on
this amended development order on April 1 , 1998 and April 15, 1998, pursuant to the Notice
and Public Hearing provisions of Chapter 380, Section 380.06(11) and Chapter 166, Section
166.041, Florida Statutes; and
WHEREAS,the City Commission of the City of Miami Beach has determined approval of
this amended development order for the Miami Beach Marina DRI as a substantial deviation to the
previously approved DRI is in the best interests of the residents of the City of Miami Beach and
furthers the health, safety and general welfare of the City of Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. DEVELOPMENT IDENTIFICATION.
(a) The legal description of the property included within the Portofino DRI is
attached hereto as Exhibits "B" and "C" .
(b) The name of the development is "Portofino."
(c) The name of the Applicant is the Portofino Entities, and, as used herein,
"Applicant" shall include successors and/or assigns of the Portofino Entities.
(d) The name of the authorized agents for the Applicant are:
F:UT"NLEVLFORlOF1MORDS.R5F.1C.ORD 2
M.M%If.1991(1.,Ipn)
Agenda Item R5F 4c
Clifford A. Schulman, Esq.
Greenberg, Traurig, Hoffman, Lipoff,
Rosen& Quentel, P.A.
1221 Brickell Avenue
Miami, Florida 33131
and
Debbie M. Orshefsky, Esq.
Greenberg, Traurig, Hoffman, Lipoff,
Rosen& Quentel, P.A.
515 East Las Olas Blvd., Suite 1500
Fort Lauderdale, Florida 33301.
(e) Development Summary.
1. The development program approved, subject to the conditions and
requirements included in this development order, is as set forth on
Exhibit "D".
2. Attached as Exhibit "D" is the project Master Development Plan
which identifies the proposed development.
3. Attached as Exhibit "E" is the project Phasing Schedule.
SECTION 2. FINDINGS OF FACT.
(a) The "WHEREAS" clauses and the Development Summary included in
Section 1(e)as set forth in this Ordinance are incorporated as findings of fact.
(b) The Portofino DRI is not in an Area of Critical State Concern.
(c) The development approved is consistent with the adopted State Land
Development Plan applicable to this area.
(d) The development as approved is consistent with the City of Miami Beach
Comprehensive Plan,the Strategic Regional Policy Plan of the South Florida
Regional Planning Council and the State Comprehensive Plan.
(e) The development as approved makes adequate provisions for the public
facilities needed to accommodate the impacts of the proposed development
in accordance with the City of Miami Beach Comprehensive Plan and land
development regulations.
F\ATTMLEVLPORTFlMORDSSR5F IC ORD
M.1cR 31.1991(1(Ipe) 3
I
Agenda Item R5F 4c
(f) The development as approved is consistent with the report and
recommendations of the South Florida Regional Planning Council
Assessment Report, dated November 3, 1997
SECTION 3. CONCLUSION OF LAW.
(a) Approval of the Portofino Development of Regional Impact("DRI") subject
to the provisions of this Ordinance is consistent with the requirements of
Chapter 380, Florida Statutes and is in conformity with all other applicable
local and state laws and regulations.
SECTION 4. APPLICABILITY OF DEVELOPMENT ORDER:
(a) The property legally described on Exhibits"B" and"C" shall be known as the
"Alternative Portofino DRI." This Development Order shall apply to
development of the Portofino DRI.
(b) The property legally described on Exhibit "A" shall be known as the
"Alternative Miami Beach Marina DRI", pursuant to a proposed ordinance
amending the original Miami Beach Marina Development Regional Impact
Development Order (Resolution 75-14762) with respect to the property
legally described on Exhibit "A," to be adopted by the City Commission on
the same date as this Amended Development Order. This Development
Order shall not apply to the property legally described on Exhibit "A," the
development of which shall be governed by the amended development order
amending Resolution 75-14762 as to such property.
SECTION 5. INCORPORATION OF THE ALTERNATIVE AMENDED APPLICATION
FOR DEVELOPMENT APPROVAL FOR THE PORTOFINO DRI (ADA).
The Alternative Amended ADA,as consolidated,pursuant to Rule 9J-2.025, §(3)(b)9,F.A.C.,
is incorporated into this Ordinance by this reference and relied upon by the parties in discharging
their statutory duties under Chapter 380, Florida Statutes, and applicable local ordinances.
Substantial compliance with the representations contained in the Amended ADA is a condition for
F:UITOIEVLPORTDFlMORDSR9i C.ORD 4
MrcA 2f.199,(9:91pn)
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Agenda Item R5F 4c
approval unless waived or modified by agreement among the City, the South Florida Regional
Planning Council, and the Applicant, its successors, or assigns.
SECTION 6. INCORPORATION OF COUNCIL ASSESSMENT.
The South Florida Regional Planning Council Development of Regional Impact Assessment
for the Portofino DRI ("Council Assessment") dated November 3,1997, is incorporated into this
Ordinance by this reference.
SECTION 7. DEVELOPMENT APPROVAL.
The Alternative Portofino DRI, as described in this development order, and as represented
in the Consolidated Alternative Amended ADA, is approved subject to the following conditions,
stipulations and requirements which shall apply to the Applicant, its successors, grantees and
assigns,jointly and severally and shall be binding upon the real property described in Exhibits "B"
and "C".
A. CONDITIONS TO MITIGATE REGIONAL IMPACTS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, SHALL:
1. Incorporate the following into the project design and operation:
(a) actively encourage and promote ride-sharing by establishing a car and
van pool information program;
(b) designate three (3) percent of employee parking spaces, located as
close as possible to employee building entrances, for exclusive high
occupancy vehicle use;
(c) provide mass transit route and schedule information in convenient
locations throughout the project, including office complex lobbies
and within and adjacent to retail areas;
(d) cooperate with Metropolitan Dade County in provisions for future
transit amenities; and
(e) provide on-site bicycle storage facilities to encourage use of
alternative modes of transportation.
F:NATTOLEVLIFOR113FIMORDS\R3F 4C ORD
March 33.199/(9:51...) 5
Agenda Item R5F 4c
2. Design construct and maintain the stormwater management system to meet
the following standards:
(a) Comply with the regulations and requirements of the South Florida
Water Management District (SFWMD) and applicable local
government comprehensive plan drainage level of service (LOS)
requirements for surface water management in effect at the time of
permit application.
(b) Install pollutant retardant structures to treat all stormwater runoff at
each of the new project outfall structures in accordance with the
master drainage plan included in the Portofino DRI Consolidated
ADA,and periodically remove pollutant accumulations as required.
(c) Use silt screens and aprons during any phase of project construction
to minimize any increase in turbidity in adjacent surface waters.
(d) Vacuum sweep all parking lots of eleven or more parking spaces and
private roadways serving the parking lots at least once per week.
(e) Mulch, spray, or sod exposed areas to prevent soil erosion and
minimize air pollution.
3. Design, construct, and maintain any additions, expansions, or replacements
to the on-site irrigation system to minimize salt water intrusion and in
accordance with SFWMD guidelines. When practicable, use recycled water
for landscape irrigation and other water conserving techniques to reduce the
demand on the region's potable water supply.
4. Remove Mellaleuca, Casuariana, Schinus and all other invasive exotic
vegetation, as recognized by the Florida Exotic Pest Plant Council in each
phase of the development. Place visible barriers around the trees or tree
clusters to remain on site, prior to removal of exotic vegetation with heavy
equipment. Monitor common areas including, but not limited to, roadways,
F UTIUIEVL FORIORMORDSRJF4C.ORD 6
M.l b 25.199$(9:J I9m) V
�9r-
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Agenda Item R5F 4c
rights-of-way, easements and public open spaces to ensure that exotic plants
do not become reestablished.
5. Provide landscaping on the site that is consistent with City Ordinance #89-
2665, Section 8,as may be amended. Additional criteria for selection of plant
materials shall include the following:
(a) does not require excessive irrigation or fertilizer;
(b) is not prone to insect infestation or disease;
(c) does not have invasive root systems; and
(d) other criteria as may be appropriate.
Use xeriscape principles in design and implementation of project landscaping,
as practicable.
6. Incorporate the use of water sensors,ultra-low volume plumbing fixtures,self
closing and/or metered water faucets, and other water conserving
devices/methods consistent with the criteria outlined in the water conservation
element of the Miami-Dade Water and Sewer Department's SFWMD Water
Use Permit.
7. Prior to the issuance of the first residential building permit for the project to
be issued following adoption of this development order,pay$250,000 to the
Dade County School Board to be spent by the School Board as it deems
necessary and appropriate to provide and/or enhance educational facilities.
The DRI Annual Report required pursuant to Section 7, C.2. hereof and
Section 380.06(18),Florida Statutes(F.S.), shall include an accounting of the
number of units for which the Applicant has obtained certificates of
occupancy during the preceding 12 month reporting period. Prior to the
issuance of a final certificate of occupancy for any building with in the project
containing any residential unit, the Applicant shall contribute to the School
Board a sum equal to $500 per unit for each unit in excess of 500 units that
is covered by any certificate of occupancy. The Applicant acknowledges that
F:UTDTLEVLPORIOFDMROSSR5F.C.ORD 7
March 25.1991(9:f 19.9)
R
Agenda Item R5F 4c
the contributions required pursuant to this condition shall be in addition to the
Educational Facilities Impact Fees to be paid by the Applicant pursuant to
Section 33K of the Metropolitan Dade County Code. The Applicant agrees
not to seek a credit in the amount of the contributions against the future
Educational Facilities Impact Fee Assessment to be paid by the Applicant in
connection with the development of the Project.
8. Pursue with due diligence the objective of utilizing economic development
enhancement resource agencies and programs designed to involve small and
minority businesses in the development and expansion of permanent job
opportunities within the project. Examples of such agencies and programs
include, but are not limited to, those listed on attached Exhibit "F". The
applicant will attempt to access the range of job skills available in the region
and promote greater labor force enhancement. At a minimum, the applicant
is encouraged to provide potential commercial tenants with information about
employment and training agencies that maintain a database of trained/skilled
workers to consider in meeting the project's employment needs.
9. Prior to the issuance of each building permit for development within the
project,the Applicant shall demonstrate that the development to be authorized
by issuance of the building permit shall not:
(A) Cause the project's new net external P.M. peak hour trips to exceed
1,733 trips. This determination shall be made using the following
Maximum Impact Development Scenario (MIDS) Formula:
0.304(R)+0.62(H)+2.37(C)+1.14(0)+0.018(5)+333.31 = 1,733
Where: R is#of High Rise Condominium Units (Residential)
H is# of Occupied Rooms of Hotel
C is# of KSF of Commercial
O is# of KSF of Office
S is# of Attraction (Live Theater) Seats
is UTIOdEVLWOR1Ofl ORDMISF.C.ORD 8
MW 21.19FR(R:11pn)
•
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Agenda Item R5F 4c
This determination shall be cumulative and shall include all
development which has received a building permit, in addition to the
building permit being sought.
(B) Cause the project cumulatively to exceed any land use component of
the Maximum Development Program Limitations as set forth on
Exhibit "D" of the Development Order.
(C) Cause the project to exceed the development restrictions of the City's
zoning ordinance in effect as of the date of this Development Order
and, subject to Section 9 hereof, thereafter, or, with respect to the
SSDI North and SSDI South parcels, to exceed the development
restrictions set forth in the Development Agreement dated April 17,
1986, recorded at Official Records Book 12873, Page 2612 of the
Public Records of Dade County, Florida, as amended or
supplemented from time to time.
Prior to the conveyance of any portion of the project and prior to the issuance
of each building permit for development within the project, the Applicant
shall execute in recordable form a Declaration of Allocation of New Net
External Trips and Maximum Development Program Limitations in the form
attached hereto as Exhibit "I" (the "Declaration"). The Declaration shall also
be executed by the owner of the property which is being conveyed and/or for
which the building permit is sought and by the Planning and Zoning Director
of the City of Miami Beach, Florida, or his/her successor. The Applicant
shall be responsible for recording the Declaration in the Public Records of
Dade County, Florida, and shall provide the Planning and Zoning Director
with a certified copy of the same prior to the issuance of each building permit
for the project.
10. Prior to the issuance of building permits for development which,cumulatively
with development related to any previously approved project building
MachIDRNORDSR5F 4C.ORD (�
Mrd 7$.7.19110 fpm) 7
Agenda Item R5F 4c
permits,will generate more than 1,298 new net external P.M.peak hour trips,
construct:
(a) an eastbound right-turn lane on Fifth Street at the Alton Road
intersection,
(b) dual northbound left-turn lanes on Alton Road at Fifth Street
intersection,
(c) modification of signalization at the Fifth Street/Alton Road
intersection to compliment turn lanes to be added in (a) and (b)
above.
The determination of new net external trips shall be conducted pursuant to the
trip generation calculations set forth in Exhibit "G," herein. [Tables 21.B-1
through 21.B-3 of the Portofino Alternative ADA.] The final geometry for
these improvements shall be submitted to and approved by the Florida
Department of Transportation, the Miami-Dade County Public Works
Department and the City of Miami Beach Public Works Department prior to
commencement of this roadway construction. Portofino will construct(with
reasonable City approval), cause to be constructed or contribute an agreed
amount of funds to construct(a)through(c) improvements described above.
11. Install traffic signal control at the following intersections when warrants for
signalization are met, as determined by the applicable governmental entities:
(a) South Pointe Drive (f/k/a Biscayne Street) and Alton Road
(b) South Pointe Drive(f/k/a Biscayne Street) and Washington Avenue.
All proposed signal warrants will be defined by the following criteria:
- Peak hour traffic volumes(weekday and weekend)
- Turn movement volumes (weekday and weekend)
- Pedestrian/bicycle movement volumes (weekday and weekend)
- Roadway Speed limit
- Intersection Level-of Service
F kAI O.1EVLTOR1OFRMROSR,F 4C.ORD 10
Mrd,25.1991(1:)1.)
•
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Agenda Item R5F 4c
- Sight Distance Clearance
- High- Volume Driveway Operations
-Accidents
- Illegal Vehicular Movements
- Safety
- Phasing of the Development
- Traffic Circulation Patterns for the Area
This condition shall expire if signalization warrants are not met within 24
months of the issuance of the last certificate of occupancy for Portofino DRI
development or upon the termination date of this development order,
whichever shall occur first.
12. Limit primary project vehicle access points to the off-site roadway network
to the number and locations shown in Exhibit "H" .
All median openings on Biscayne Drive/Alton Road(Northbound)for the left
turning movement into the development site, will be required to have a
minimal queue length for the stacking of 4 to 5 vehicles during the peak hour
periods(Weekday and Weekend). If the number of vehicles queuing up at the
designated left turning bays exceed the five vehicles limit and interrupt the
flow of the thru traffic movement during and of the observed peak periods,for
a total of three consecutive months(90 days),then the installation of a signal
device with left-turning arrow shall be provided at athe expense of the
developer.
13. Within 120 days of the issuance of a Certificate of Occupancy for any
building or portion of any building to be used for non-residential purposes,
the Applicant shall submit a Hazardous Materials Management Plan for
review and approvals by DERM, FDEP, SFWMD and the SFRPC. A copy
of the approved plan shall be submitted to the Miami Beach and Metro-Dade
Fire Departments. The plan shall incorporate into the development by lease
F ATIPIEVLI,oRTOMMORDsR5r 4C OW 1j
March 39.1991(R9lpn) 1
Agenda Item R5F 4c
as long as the property is owned by the Applicant, and incorporate into the
development by sale agreement and restrictive covenant when any of the
property is conveyed, as applicable, the following provisions:
(a) Require that buildings where hazardous materials or hazardous
wastes, as defined above, are to be used, displayed, handled,
generated, or stored shall be constructed with impervious floors,
without drains, to ensure containment and facilitate cleanup of any
spill or leakage.
(b) Prohibit any outside storage or hazardous materials or hazardous
waste. The exception to this condition is for retail goods typically
associated with residential nursery activity such as lawn fertilizers
and garden pesticides.
(c) Allow inspection by appropriate agency personnel of all businesses
on the premise storing, using, or generating hazardous materials or
biohazards waste prior to the commencement of operation, and
periodically thereafter to assure that adequate facilities and
procedures are in place to properly manage hazardous materials and
biohazards waste projected to be on-site;
(d) Require that any area used for loading or unloading of hazardous
material be covered and equipped with a collection system to contain
accidental spills.
(e) Require all hazardous waste generators to contract with a licensed
public or private hazardous waste disposal service or processing
facility and to provide to DERM copies of the following forms of
documentation or proper hazardous waste management practices:
a. a hazardous waste manifest;
b. a shipment to a permitted hazardous waste management facility;
or
F'ATRTLEVLITORTUFTVORDSRSF 4C ORD 12
Mral 25.199F(F:SIFm)
Agenda Item R5F 4c
c. a confirmation of receipt of materials from a recycler or a waste
exchange operation.
(f) Describe response actions and procedures to be followed in case of
spills or other accidents involving hazardous materials, biohazards
waste or oil; and require tenants to notify appropriate authorities in
the event of a release as required by applicable regulations; and
(g) Require tenants to comply with all applicable reporting provisions of
Title III of the Superfund Amendment and Reauthorization Act
(SARA)of the Emergency Planning and Community Right-to-Know
Law(EPCRA).
14. Notify state archeological officials at the Division of Historical Resources of
the Florida Department of State of construction schedules. Delay construction
up to three months in any area where potentially significant historical or
archeological artifacts are uncovered, and permit state and local historical
preservation officials to survey and excavate the site.
15. No construction of Baywalk facilities shall take place on or over any state
owned sovereignty submerged lands, without being permitted under
appropriate consents of use for said lands, whether by lease, easement or
amendment to any such existing consents of use of such state owned lands.
16. Incorporate energy conservation measures into the design and operation of the
project. At a minimum, construct all development in conformance with the
specifications of the State of Florida Energy Efficiency Code for Building
Construction (State Energy Code). Consider using natural gas and/or
renewable energy sources (e.g. solar heating)for water heating, space heating
and cooling.
17. Conduct air quality modeling in accordance with FDEP guidelines prior to
constructing any surface parking lot that will result in a peak hour traffic flow
equal to or greater than 1,500 vehicles per hour or prior to constructing any
F:'ATRTLEVL`PORIOFIMORD.R5F 4C ORD 3
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Man.15,199t(R51pn) L J
t f
Agenda Item R5F 4c
parking garage that will result in a peak hour traffic flow equal to or greater
than 750 vehicles per hour(including both ingress and egress). The results of
this analysts shall be submitted to the SFRPC, DERM, and FDEP for review
and approval. A minimum of 30 days will be required for review and
approval.
18. No alteration or maintenance, excluding work related to the proposed
Baywalk,of the existing slip located on the Alaska Parcel,hereinafter referred
to as the "slip," shall be permitted without the Applicant having submitted, at
least forty-five (45) days prior to the filing of any applications for the
requisite environmental permits for such action,a Notice of Proposed Change
to a previously approved DRI,to the Department of Community Affairs, the
South Florida Regional Planning Council and the City. Said Notice shall
comply with the provisions of Section 380.06(19), Florida Statutes and shall
include a copy of the proposed permit applications, along with all supporting
data. For the purposes of this condition, the filling of the slip shall be
presumed to constitute a substantial deviation and the Applicant shall bear the
burden of rebutting, with clear and convincing evidence,that such proposed
change does not constitute a substantial deviation. In no event shall any
alteration or maintenance, excluding work related to the proposed Baywalk,
of the existing slip be commenced or conducted without compliance with this
condition and only after applicable approvals from regulatory agencies, with
jurisdiction, including the Metropolitan Dade County Department of
Environmental Resources Management, the Florida Department of
Environmental Protection,the South Florida Water Management District and
the Unites States Army Corps of Engineers.
19. During construction on site, use silt screens or staked hay bales around the
perimeter of the site to ensure that erosion of fill material or topsoil into the
surrounding waters of Biscayne Bay shall not occur as a result of heavy rains.
UT ULEVL(ORpOFlMORDSR5F 4C.O0.D 1 7 4
March 25.Mt(2 51m)
Agenda Item R5F 4c
The applicant shall comply with requirements of the City of Miami Beach and
the Dade County Department of Environmental Resources Management as
directed.
20. Within 180 days of the effective date of the Development Order, provide for
the establishment and maintenance of a public information program within an
existing homeowners association for the purpose of educating the Applicant's
residents regarding the potential hurricane threat; the need for timely
evacuation in the event of an impending hurricane; the availability and
location of hurricane shelters; and the identification of steps to minimize
property damage and to protect human life. The applicant shall develop and
submit to the City, the Regional Planning Council and the Department of
Community Affairs, a continuing hurricane awareness program and a
hurricane evacuation plan. The hurricane evacuation plan shall address and
include, at a minimum, the following items: operational procedures for the
warning and notification of all residents and visitors prior to and during a
hurricane watch and warning period; a public awareness program which
addresses vulnerability, hurricaneevacuation, hurricane shelter alternatives
including hotels, friends and public hurricane shelter locations, and other
protective actions which may be specific to the development; identification
of who is responsible for implementing the plan; and other items as deemed
appropriate. Where hurricane shelter space is being made available by the
Applicant, it shall be addressed in the plan and shelter managers identified,
and specific responsibilities established. Where the proposed development
will include a private security force,the plan shall identify how the force will
be integrated with the local police personnel or other responsible agencies
during an impending hurricane event in order to assist in the notification,
warning, and evacuation of the development's residents. The plan shall be
developed in coordination with local emergency management officials. The
is VOTOLEVUPORTOFIMOROSR5F4C.ORD 15
Mrd,21.1992(B 51,0
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Agenda Item R5F 4c
final plan must be found sufficient by the reviewing agencies and must
address the recommendations provided by the reviewing agencies.
THE CITY SHALL:
21. Prior to the issuance of any Certificate of Occupancy, execute an agreement
with the City of Miami Beach Fire and Police Departments to ensure the
adequate provision of fire and police protection services.
22. Prior to the issuance of a Certificate of Occupancy, meet the City's local
concurrency requirements for infrastructure to serve the project.
23. Review project landscape plans to ensure compliance with City Ordinance
#89-2665,Section 8,as may be amended,as required by Section 7.A.5. of this
development order; and that xeriscape principles are utilized in such
landscape plans, as practicable.
24. Monitor site development to ensure that exotic plant species are removed.
25. Withhold the issuance of any building permits until the Hazardous Materials
Management Plan required in Section 7.A.13. of this development order is
submitted to DERM, PDEP, SPWMD, and the SFRPC.
26. Limit primary project vehicle access points to the off-site roadway network
to the number and locations shown in Exhibit "H."
27. Withhold issuance of the first residential building permit and subsequent
applicable permits,until compliance with Section 7.A.7. of this development
order, has been confirmed by the Dade County School Board.
28. Withhold issuance of building permits,unless traffic peak hour trip thresholds
are in compliance with Section 7.A.9. and the improvements required
pursuant to Section 7.A.10. have been constructed as required.
29. Withhold the issuance of Certificates of Occupancy until agreements have
been executed between the Applicant and the City of Miami Beach Fire and
Police Departments, ensuring the adequate provision of services as a required
condition.
F:UTFPLEVLIPDRBOFINORDSR5F IC.ORD 16
March 23.1991(1:319.e)
Agenda Item R5F 4c
B. CONDITIONS TO MITIGATE LOCAL IMPACTS
THE APPLICANT, ITS SUCCESSORS, AND/OR ASSIGNS, JOINTLY OR
SEVERALLY, SHALL:
1. Local traffic conditions: Prior to the issuance of building permits for
development which will generate more than 1515 new net external P.M. peak
hour trips, either, at its option, construct (with reasonable City approval),
cause to be constructed or contribute an agreed amount of funds to the City
to construct the following traffic improvements,_subject to all applicable
governmental approvals:
(a) striping and installation of westbound left turn lane for 4 or 5 vehicle
capacity on Meridian Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
(b) installation of westbound left turn signal on Meridian Avenue (south
as it intersects with 5th Street);
(c) installation of a westbound left turn lane (striping) for 4 or 5 vehicle
capacity on Michigan Avenue(south)as it intersects with 5th Street,
without any widening of the existing right-of-way;
(d) installation of westbound left turn signal on Washington Avenue
(south) as it intersects with 5th Street;
(e) installation of a westbound left turn lane (striping) for 4 or 5 vehicle
capacity on Collins Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
(0 installation of westbound left turn signal on Collins Avenue (south)
as it intersects with 5th Street;
(g) installation of westbound left turn lane (striping) for 3 or 4 vehicles
capacity on Jefferson Avenue (south) as it approaches 5th Street,
without any widening of the existing right-of-way;
F:UTIITLRVLIORTOFDMRDSRlF_.C.ORD 1^J
March 11.1991(t:31q.) 1
Agenda Item R5F 4c
(h) reset signalization phasing at the major intersections along 5th Street,
to give more time for pedestrian/bicycle crossing movements,as may
be permitted by the City of Miami Beach Public Works Department
and the FDOT: (signalization should be adjusted for weekend traffic
conditions,
(i) installation of No "U-Turns Permitted" signage along Biscayne Street
(a.k.a.South Pointe Drive)/Alton Rd., as it defines the boundaries of
the development site.
The determination of new net external trips shall be conducted pursuant to the trip generation
calculations set forth in Exhibit"G," hereto. [Tables 21.B-1 through 21.B-3 of the Portofino
DRI Alternative ADA.]
2. Police and Fire: Pay its fair share costs of additional police and fire capital
equipment that are required as a result of the Portofino Development Order,
which costs shall include additional police vehicles for the City in an amount
not to exceed two hundred forty thousand ($240,000) dollars, and one fire
rescue vehicle in an amount not to exceed ninety five thousand ($95,000)
dollars. These fair share contributions shall be paid in accordance with
Paragraph 12 below.
3. Storm Drainage: Treat and dispose of all storm drainage on-site and without
use of the City's stormwater collection system. In addition, at such time as
Applicant is required to design,construct and build the traffic improvements
at the southwest corner intersection of MacArthur Causeway and Alton Road,
pursuant to the terms of this Development Order, Applicant shall be
responsible for the costs of replacement or modified stormwater drainage
facilities that are required to maintain the drainage of the parking or other
facilities as they exist on the date of the proposed improvement to the
intersection noted above.
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Agenda Item R5F 4c
4. Water and Sewer: Be solely responsible for the cost of any water or sewer
main extensions or expansions that are necessary to bring available City water
and/or sewer lines to adequately serve any of the properties that are part of the
Development Order. In the event that the City wishes Applicant to oversize
any of said lines for other potential users of the system, Applicant shall only
be responsible for its hydraulic share of such oversizing.
5. Washington Avenue and Alton Road Streetscape and Landscape Plans:
Within eighteen (18) months of the date of the final approval of the
Development Order, prepare and submit to the City a landscape and
streetscape plan for Washington Avenue and Alton Road south of Fifth Street
to South Pointe Drive,at Applicant's sole cost and expense. Applicant hereby
agrees to participate in the funding of the implementation of such plan[s],
provided that the plans are not materially changed without Applicant's consent
(not to be unreasonably withheld) and provided further that Applicant's fair
share contributions for the funding of the implementation of said plan shall
be not to exceed Two Hundred Ten Thousand Dollars ($210,000) for the
Washington Avenue plan and Two Hundred Fifty Thousand Dollars
($250,000) for the Alton Road portion of the plans. These fair share
contributions shall be paid by Portofino in accordance with Paragraph 12
below.
6. Library Facilities: The City of Miami Beach has the physical facilities
available to establish a branch library but is lacking adequate funding for the
cost of stocking said library. Applicant will pay to the City of Miami Beach,
for the funding of the stocking of said library, the sum of Fifty Thousand
Dollars($50,000) contingent upon changing the name of the library, subject
to the process established by Dade County, from "South Shore Branch
Library" to " South Pointe Branch Library," as well as the placement of a
commemorative plaque to be placed on the Library acknowledging
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Agenda Item R5F 4c
Applicant's contribution. The design and expense of the plaque shall be paid
for by the Applicant. These fair share contributions shall be paid by the
Applicant,as noted in Paragraph 12 below;provided,however,that the design
and expense of the plaque shall be paid for by the Applicant at such time as
said plaque is commissioned.
7. Electric Shuttle: Provided that adequate stops are adjacent to the properties
owned by the Applicant,Applicant will pay to the City its fair share of Fifty
Thousand Dollars($50,000)for the marketing and operation of generic or any
other public mass transit initiative. Furthermore, provided that stops are
adjacent to Applicant's properties, Applicant will pay the cost of"Electric
Wave" transit stop signs, meeting the design approval of the City, at such
locations adjacent to the Applicant's properties hereunder as may be approved
by the City. These fair share contributions shall be paid by Applicant in
accordance with Paragraph 12 below.
8. Booster Pump Station: Provided that the Applicant has consented to the plans
therefor(such consent not to be unreasonably withheld), landscaping for the
site in an amount of Twenty-Five Thousand Dollars ($25,000) shall be paid
by the Applicant. This fair share contribution shall be paid by Applicant in
accordance with Paragraph 12 below.
9. Baywalk: Fulfill its obligations for baywalk improvements adjacent to SSDI-
North, SSDI-South, and the Hinson Parcel (i.e., south to the northern
boundary line of the Federal Triangle Parcel, all as graphically depicted on
Exhibit E to the Settlement Agreement by and among the City of Miami
Beach, Miami Beach Redevelopment Agency and Westside Partners, Ltd.,
dated , 1998 (the "Settlement Agreement"), which is on file
with the Clerk of the City Commission, by constructing a public baywalk
along the entire length of these properties fronting on Biscayne Bay on(i)the
west twenty five (25) feet of the plotted lots, and (ii) any land currently
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Agenda Item R5F 4c
existing west of the west lot line of the plotted lots. In order to complete said
baywalk, West Side agrees to fill the western portion of the Hinson Parcel to
the western boundary of said parcel, as graphically depicted on Exhibit E to
the Settlement Agreement. All construction costs including design and
construction, including, but not limited to, the seawall (solely along the
Hinson Parcel),paving, lighting, street furniture, signage and landscaping are
to be paid by the Applicant. These improvements shall be completed upon
issuance on any certificates of occupancy for the adjacent parcels.
10. Washington Avenue Extension: The Applicant will dedicate, by easement,
the extension of the public right-of-way of Washington Avenue to serve South
Pointe Park, when the closing of SSDI North occurs (provided that all of the
"Final Approvals," as such term is defined in the Settlement Agreement have
been obtained); provided, however, that said easement area will be included
in any calculations of setbacks or Floor Area Ratio ("F.A.R."), lot size or any
other zoning or planning requirement of the City in connection with the
development of the parcels encumbered by said easement, and in connection
with any condemnation or purchase of the parcels encumbered by said
easement, said parcels will be treated as though said parcels were not
encumbered by said easement;provided further, that the Circuit Court of the
11th Judicial Circuit in and for Dade County, Florida, will retain jurisdiction
to enforce the terms of the Settlement Agreement, and if the City fails to
calculate the setbacks, F.A.R., lot size or any other zoning or planning
requirement of the City,as noted above,or fails to treat said parcels as though
said parcels were not encumbered by said easement in connection with any
condemnation or purchase of the parcels encumbered by said easement, then
Applicant, may file the appropriate action in said Circuit Court of the 11th
Judicial Circuit in and for Dade County, Florida, to enforce its rights under
the aforesaid Settlement Agreement.
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March 25 1999(9:]I1
Agenda Item R5F 4c
11. Sunset Plaza: The City shall release the pedestrian easement and the southern
access easement on the southern side of the building known as the "Yacht
Club" on the northern portion of SSDI South and the Applicant will provide
plans to the City for: (i)a limited access corridor to the Baywalk not less than
forty(40)feet wide which will allow for public access to the Baywalk,as well
as emergency vehicle access, and (ii) the driveway access and drop-off
parking area required pursuant to the 1986 Development Agreement(as such
term is defined in the Settlement Agreement), said interest to be granted
pursuant to an easement to be executed by Applicant to the City at the time
the existing pedestrian easement is released. The grant of the above-noted
easement to the City shall not affect the setbacks,F.A.R., lot size or any other
zoning or planning requirements of the City that would affect or limit the
ability of the Applicant to fully develop any properties adjacent to said
easement. Plans for such access corridor, driveway access and drop-off
parking shall be mutually agreed upon by Applicant and the City, and the cost
of developing same shall be borne by Applicant.
12. Fair Share Contributions: Within twelve months of this Development Order
becoming final,Applicant shall pay to the City the sum of$920,000 in annual
payments of$92,000 to fulfill its financial obligations under the foregoing
provisions, and said annual payment shall be made every year thereafter for
a total of ten (10) years, by cashier's check or other form of bank check,
representing 1/10 of the total cash costs, and that payment shall increased by
a factor equal to the increase, if any, in the Consumer Price Index, as
published by the U.S. Department of Labor, All Items, commencing from the
date the first annual payment is due;provided, further,that said increase shall
not in any event exceed three percent (3%) compounded annually. In the
event that Applicant fails to pay the contributions at the time noted herein, no
further building permits shall issue unless and until said payment is made.
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Agenda Item R5F 4c
C. GENERAL CONDITIONS
THE APPLICANT,ITS SUCCESSORS,AND/OR ASSIGNS,JOINTLY OR
SEVERALLY, SHALL:
1. Integrate all original and supplemental ADA information into a
Consolidated Application for Development Approval (CADA) and
submit two copies of the CADA to the Council, one copy to the City,
and one copy to the Department of Community Affairs within 30
days of the effective date of the development order. The CADA shall
be prepared as follows:
(a) Where new, clarified, or revised information was prepared
subsequent to submittal of the ADA but prior to issuance of
the development order, whether in response to a formal
statement of information needed or otherwise, the original
pages of the ADA will be replaced with revised pages.
(b) Revised pages will have a"Page Number(R)-Date" notation,
with "Page Number" being the number of the original page,
"(R)" indicating that the page was revised, and "Date" stating
the date of the revision.
2. Submit an annual report as required pursuant to Section 380.06(18),
F.S. to the City, the Council, the Dade County School Board, the
Office of Eco-System Management of the Department of
Environmental Protection(WPB)and the Department of Community
Affairs on each anniversary date of the effective date of the
development.
3. Record,within 30 days of the effective date of the development order,
notice of the adoption of the development order in the public records
of Dade County pursuant to Section 380.06(15), F.S., specifying that
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March 15.199F(MIF...) L
Agenda Item R5F 4c
the development order runs with the land is binding on the applicant,
its successors, and assigns,jointly or severally.
4. Any obligations of the Applicant under the terms fo this Development
Order that are within the control of an affiliate, subsidiary or other
entity controlled by the Applicant, shall be fulfilled by any such
entity on behalf of the Applicant.
SECTION 8. CONCURRENCY DETERMINATIONS.
The City does hereby perform the requisite concurrency determination and finds that the
Alternative Portofino Development of Regional Impact meets the City's adopted levels of service
for transportation, water, sewer, parks and drainage and any other relevant concurrency
determinations, as of the date of this Development Order.
SECTION 9. DATE UNTIL WHICH DEVELOPMENT NOT SUBJECT TO DOWN-
ZONING.UNIT DENSITY REDUCTION OR INTENSITY REDUCTION.
January 31,2012 is hereby established as the date until which the Portofino Development of
Regional Impact shall not be subject to down-zoning,unit density reduction, or intensity reduction,
unless the City can demonstrate that substantial changes made by the Applicant in the conditions
underlying the approval of the development order have occurred, or that the development order was
based on substantially inaccurate information provided by the applicant, or that the change is clearly
essential to the public health, safety, or welfare of the citizens of the City of Miami Beach.
Phasing buildout dates shall be consistent with the Phasing Schedule provided in the Portofino
Alternative ADA.
SECTION 10. ENFORCEMENT OF VIOLATIONS.
In the event the Applicant, its successor, or assigns, violates any of the conditions of the
development order or otherwise fails to act in substantial compliance with the development order
(hereinafter violator ), the City shall have the right to stay the effectiveness of the development
order as to the entire project or the tract, or portion of the tract, in which the violative activity or
conduct has occurred and withhold further permits, approvals, and services for development in said
tract, or portion of the tract, upon passage of any appropriate resolution by the City, adopted in
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Agenda Item R5F 4c
accordance with this action, finding that such violation has occurred. The violator will be given
written notice by the City that states: 1)the nature of the purported violation, and 2)that unless the
violation is cured within 15 days of said notice, the City will hold a public hearing to consider the
matter within 30 days of the date of said notice.
SECTION 11. LOCAL OFFICIAL RESPONSIBLE FOR MONITORING COMPLIANCE.
The Director of the City's Department of Planning and Zoning, or his/her designee, is hereby
designated as the official who shall monitor compliance with all conditions of the development order
and specify monitoring procedures that, at a minimum, require development order conditions to be
reviewed by the City prior to issuance of any local development permit. Applicant shall allow
reasonable access to the project for this monitoring to assure compliance with the Development
Order and all applicable laws and regulations.
SECTION 12. ELECTION OF THE APPLICANT.
Pursuant to Section 380.06(5)(c), Florida Statutes, the Applicant elects to be bound by the
applicable rules adopted pursuant to Chapters 403 and 373 which are in effect when this
Development Order is issued.
SECTION 13. COMMENCEMENT AND TERMINATION OF DEVELOPMENT.
Physical development shall commence within one year from the effective date of this
development order. The termination date for completing development is January 31, 2012. The
termination date may only be modified in accordance with Section 380.06(19)(c) Florida Statutes.
The Applicant's right to develop in accordance with this Development Order requires that the
Applicant comply with the requirement specified in Section 7C.3. regarding recordation of this
Development Order. January 31, 2012 is hereby established as-the expiration date for this
Development Order. -
SECTION 14. SEVERABILITY.
If any section,part of a section,paragraph,sentence,clause,phrase or word of this Ordinance
is for any reason held or declared to be unconstitutional, inoperative, or void, such holdings of
invalidity shall not affect the remaining portions of this Ordinance and it shall be construed to have
been the legislative intent to pass this Ordinance without such unconstitutional, invalid or
F:IATTPLEVLIPORTOflNORDSIR5F 4C.ORD
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Agenda Item R5F 4c
inoperative part herein, and the remainder of this Ordinance after the exclusion of such part or parts
shall be deemed to be held valid as if such part or parts had not been included therein, or if this
Ordinance or any of the provisions thereof shall be held inapplicable to any person,group of persons,
property,kind of property, circumstances or set of circumstances, such holdings shall not affect the
applicability thereof to any other person,property or circumstances.
SECTION 15. EFFECTIVE DATE.
This Development Order shall become effective on the effective date of those amendments
to the text and future land use map of the City of Miami Beach, Florida Year 2000 Comprehensive
Plan which are being processed concurrent with this Development Order pursuant to Section
380.06(6), F.S., but in no event shall this Development Order become effective sooner than forty-
five(45)days from transmittal of this Development Order to the Florida Department of Community
Affairs, the SFRPC and the Applicant; provided, however, that if the Development Order is
appealed,this Development Order will take effect on the day after all appeals have been withdrawn
or resolved, as provided by law.
SECTION 16. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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Agenda Item R5F 4c
SECTION 17. TRANSMITTAL.
The City Clerk is instructed to transmit a copy of this Development Order and all Exhibits
attached hereto to the Florida Department of Community Affairs, the South Florida Regional
Planning Council and the Applicants Agents, as required pursuant to Section 380.07, F.S.
PASSED AND ADOPTED this 15th day of April , 1998.
MAYOR
ATTEST:
(2au
APPROVED AS TO
CITY CLERK FORM& LANGUAGE
& FOR EXECUTION
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