263-97 RDA
RESOLUTION NO.
263-97
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE 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 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 Areaj and
WHEREAS, the proposed amendments to the Miami Beach Marina DRI
are in furtherance of the requirements of the Development
Agreementj and
WHEREAS, Section 380.06(11), Florida Statutes, requires that
a public hearing date be scheduled.
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 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 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.j and the
Secretary is hereby authorized and directed to publish appropriate
Public Notice of the public hearing, at which time and p e all
interested parties will be heard.
PASSED and ADOPTED this
5th
March
ATTEST:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUnON
~OV-4~ fJ~
SECRETARY
~
R lopment Agency
General COt/I', .;
~?/r7
Dote'
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 LJ~
RESOLUTIONS CALLING PUBLIC HEARINGS PURSUANT TO
SECTION 380.06(11), FLORIDA STATUTES, FOR THE
PROPOSED PORTOFINO DEVELOPMENT OF REGIONAL IMPACT
(UDRI") 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 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,
S()UTti V()I~r:
l?edevel()pment I)lstrict
CIIT CI:~I:l?
l?edevel()pment Uistrict
cooperate with e~ch 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.
JGe'~SD,jrn