97-22310 RESO
RESOLUTION NO.
97-22310
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING
PURSUANT TO SECTION 380.06 (11), FLORIDA STATUTES, TO
CONSIDER ADOPTING AN ORDINANCE APPROVING A SUBSTANTIAL
DEVIATION TO THE PREVIOUSLY APPROVED MIAMI BEACH MARINA
DRI, A DEVELOPMENT OF REGIONAL IMPACT, PROVIDING FOR A
REPEALER AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach entered into a Development
Agreement dated November 7, 1995 (hereinafter the "Development
Agreement") with the Miami Beach Redevelopment Agency and the
Portofino Entities in order to resolve certain controversies and
litigation involving certain property within the City and the South
Pointe Redevelopment Area; and
WHEREAS, the proposed amendments to the Miami Beach Marina DRI
are in furtherance of the requirements of the Development
Agreement; and
WHEREAS, Section 380.06(11), Florida Statutes, requires that
a public hearing date be scheduled by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the public
hearing to consider an ordinance adopting a substantial deviation
to the previously approved Miami Beach Marina DRI, a development of
regional impact, shall be called to be held before the City
Commission in its chambers on the third floor of City Hall, 1700
Convention Center Drive, Miami Beach, Florida on May 21, 1997
beginning at 5:01 P.M.; and the City Clerk is hereby authorized
and directed to publish appropriate Public Notice of the public
hearing, at which time and place all interested parties will be
heard.
March
PASSED and ADOPTED this
ATTEST:
~o~~ ~C<AC~
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY CLERK
1I41i~
.J,j7-7//l
Date
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
March 5, 1997
FROM:
Jose Garcia-pedros~
City Manager V_:.
RESOLUTIONS f CALLING PUBLIC HEARINGS' PURSUANT TO
SECTION 380.06(11), FLORIDA STATUTES, FOR THE
PROPOSED PORTOFINO DEVELOPMENT OF REGIONAL IMPACT
("DRI") AND AMENDED MIAMI BEACH MARINA DRI.
SUBJECT:
RECOMMENDATION
Approve the Resolutions.
BACKGROUND
The Portofino Entities are requesting that the City Commission
adopt Resolutions calling public hearings to review the Proposed
Portofino DRI and the Amended Miami Beach Marina DRI pursuant to
Section 380.06(11), Florida Statutes.
On November 7, 1995, the Portofino Entities, the City of Miami
Beach and the Miami Beach Redevelopment Agency entered into a
Development Agreement ("Development Agreement"). Pursuant to
Section 4.1(iv) of the Development Agreement, the Proposed
Portofino DRI and the Amended Miami Beach Marina DRI are defined as
Development Approvals which must be performed for 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 delay in seeking any and all
modifications of the existing Development of, Regional Impact
approval affecting the SSDI North and SSDI South Parcels.
AGENDA ITEM
C1E
3-5.91-
90
DATE
Subsequently, Portofino applied for certain modifications of the
Amended Miami Beach Marina DRI and that application has been deemed
ready by the South Florida Regional Planning Council for setting
public hearings. The requested setting of the public hearings is
in furtherance of those provisions of the Development Agreement.
ANALYSIS
Section 380.06 (11), Florida Statutes, requires that upon notice
from the regional planning agency, the City Commission at the next
scheduled meeting, shall set for public hearing the review of such
DRI approvals. The hearing must be advertised at least 60 days in
advance of the hearing and no later than 90 days after issuance of
the notice by the regional planning agency that a public hearing
may be set.
On February 21, 1997, the South Florida Regional Planning Council
transmitted a letter to Mayor Gelber stating that the Miami Beach
City Commission may set a public hearing to consider the Portofino
Application for Development Approval (ADA) in accordance with state
law. Section 380.06(11), Florida Statutes, also requires that the
notice of public hearing be transmitted to the Florida Department
of Community Affairs and the South Florida Regional Planning
Council, along with a copy of the advertised notice.
CONCLUSION
The Administration recommends that the City Commission approve the
Resolutions setting the public hearings for review of the Proposed
Portofino DRI and the Amended Miami Beach Marina DRI for May 21,
1997, at 5:01 p.m., in compliance with applicable state law.
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