262-97 RDA
RESOLUTION NO.
262-97
A RESOLUTION OF THE CHAIRMAN AND BOARD OF THE MIAMI BEACH
REDEVELOPMENT AGENCY, CALLING A PUBLIC HEARING PURSUANT
TO SECTION 380.06 (11), FLORIDA STATUTES, TO CONSIDER
ADOPTING AN ORDINANCE APPROVING THE PORTOFINO DRI WHICH
IS UNDERGOING A DEVELOPMENT OF REGIONAL IMPACT REVIEW TO
ADOPT A DEVELOPMENT ORDER AUTHORIZING THE PORTOFINO DRI
AS A SUBSTANTIAL DEVIATION TO THE AMENDED MIAMI BEACH
MARINA DRI, 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 CHAIRMAN AND
MEMBERS OF THE BOARD OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that
the public hearing to consider an ordinance approving the Portofino
DRI which is undergoing a development of regional impact review to
adopt a development order authorizing the Portofino DRI as a
substantial deviation to the Miami Beach Marina DRI, shall be
called to be held before the Redevelopment Agency in the City
Commission 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 Secretary 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.
PASSED AND ADOPTED this
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SECRETARY
Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVELOPMENT AGENCY MEMO NO. 97-5
DATE:
March 5, 1997
TO:
Chairman and Members of the Board
of the Miami Beach Redevelopment Agency
FROM:
Jose GarCia-pedrosa. ALJ? ..
Executive Director t1~
RESOLUTIONS 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 Miami Beach
Redevelopment Agency adopt Resolutions calling public hearings to
review the Proposed Portof ino 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,
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cooperate with eqch 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.
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 Redevelopment Agency, 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 a public hearing
may be set 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 Redevelopment Agency 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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