273-97 RDA
RESOLUTION NO. 273-97
A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI
BEACH REDEVELOPMENT AGENCY, SETTING PUBLIC HEARINGS
PURSUANT TO SECTION 163.361, FLORIDA STATUTES, TO CONSIDER
ADOPTING A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF
THE MIAMI BEACH REDEVELOPMENT AGENCY APPROVING
AMENDMENTS TO THE "SOUTH SHORE REVITALIZATION
STRATEGY", AN APPROVED REDEVELOPMENT PLAN UNDER THE
PROVISIONS OF SECTIONS 163.360 AND 163.361, FLORIDA STATUTES,
BY PROVIDING THAT THE SOUTH SHORE REVITALIZATION
STRATEGY SHALL CONTROL EXCEPT WHEN PROPERTIES ARE
GOVERNED BY THE DEVELOPMENT AGREEMENT DATED
NOVEMBER 7, 1995, IN WHICH CASE THE PROVISIONS OF THE
DEVELOPMENT AGREEMENT SHALL CONTROL FOR TERMS,
PROVISIONS, MATTERS OR ISSUES SPECIFICALLY ADDRESSED IN
SUCH AGREEMENT AND PROVIDING AN EXTENSION FOR THE
COMPLETION DATE FOR THE STRATEGY; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach, Florida (the "City") on February 15, 1984 adopted
the South Shore Revitalization Strategy Plan, a redevelopment plan under the provisions of Section
163.360, Florida Statutes; and
WHEREAS, the City is authorized pursuant to Section 163.361 to amend, as necessary, its
adopted redevelopment plan; and
WHEREAS, the City entered into an 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 Miami Beach Planning Board has held the required public hearing on the
proposed amendments on April 29, 1997, giving due public notice thereof, and has submitted its
recommendations thereon; and
WHEREAS, pursuant to Section 163.316, Florida Statutes, public hearings are required on
the proposed amendments to the redevelopment plan.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND
MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that public hearings
to consider adopting a Resolution of the Chairman and Members of the Miami Beach
Redevelopment Agency approving amendments to the "South Shore Revitalization Strategy", an
approved Redevelopment Plan under the provisions of Sections 163.360 and 163.361, Florida
Statutes, by providing that the South Shore Revitalization Strategy shall control except when
properties are governed by the Development Agreement dated November 7, 1995, in which case the
provisions of the Development Agreement shall control for terms, provisions, matters or issues
specifically addressed in such agreement and providing an extension for the completion date for the
strategy; providing for severability; and providing for an effective date, are hereby scheduled before
the Miami Beach Redevelopment Agency on Wednesday, May 21,1997 beginning at 5:01 p.m.
and on Wednesday, June 4,1997 beginning at 5:02 p.m. in the City Commission Chambers at
1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida, and the Secretary is hereby
authorized and directed to publish the appropriate public notice of said public hearings at which time
and place all interested parties will be heard.
PASSED and ADOPTED this ~ day of Ma
APPROVED AS TO
FORM & LANGUAGE
& FOR exEcunoN
ATTEST:
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SECRETARY
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Miami Beach
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
REDEVELOPMENT AGENCY MEMORANDUM NO. 97-14
DATE:
May 7, 1997
FROM:
Chairman and Members of the Board
of the Miami Beach Redevelopment Agency
Jose Garcia-Pedrosa lt1J
Executive Director Il'f
Resolutions Setting Public Hearings for the Redevelopment Agency for 1)
Proposed Amendments to the South Shore Revitalization Strategy
(Redevelopment Plan) and 2) the Portofino Development of Regional Impact
("DRI") and Amended Miami Beach Marina DRI.
TO:
SUBJECT:
RECOMMENDATION
Approve the Resolutions setting the public hearings.
1. BACKGROUND AND ANALYSIS FOR THE SOUTH SHORE REVIT ALIZA TION
STRATEGY AMENDMENT
The Portofino Entities are requesting that the Redevelopment Agency adopt a Resolution setting
public hearings for the review of the proposed amendments to the South Shore Revitalization
Strategy (Redevelopment Plan) for the City of Miami Beach.
On November 7, 1995, the Portofino Entities, the City of Miami Beach and the Redevelopment
Agency entered into a Development Agreement ("Development Agreement"). Pursuant to the
Development Agreement, Porto fino is required to seek further regulatory approvals from the City
and its boards and agencies, including the proposed amendments to the South Shore Revitalization
Strategy (Redevelopment Plan).
The redevelopment plan for the City of Miami Beach was originally adopted on February 1, 1977
and later amended in 1984. The present adopted redevelopment plan is entitled the South Shore
Revitalization Strategy and was approved by the City Commission on February 15, 1984, and by
the County Commission through the adoption of Resolution No. R-I056-84 on September 4, 1984.
Under the provisions of Part III of Chapter 163, Florida Statutes, any exercise of redevelopment
powers or financing under the Redevelopment Act must be consistent with the adopted and approved
redevelopment plan for the area in question.
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AGENDA ITEM 3-B
May 7, 1997
4
The proposed amendments to the Revitalization Strategy accomplish two objectives: (1) The textual
amendments indic(!te that implementation of the provisions of the Development Agreement are
deemed to be consistent with the terms of the Revitalization Strategy, and in the event of a conflict,
the provisions of the Development Agreement will prevail over the terms of the Revitalization
Strategy and (2) The extension of the term of the existing redevelopment trust fund, established by
the City and approved by the County, is formally ratified and modified in the Revitalization Plan
itself.
2. BACKGROUND AND ANALYSIS FOR THE PORTOFINO DRI AND THE
AMENDED MIAMI BEACH MARINA DRI
The Portofino Entities are requesting that the Redevelopment Agency adopt Resolutions setting the
second reading public hearing for the review of the Proposed Portofino DRI and the Amended
Miami Beach Marina DR! pursuant to Section 380.06(11), Florida Statutes.
On November 7, 1995, the Portofmo Entities, the City of Miami Beach and the Redevelopment
Agency entered into a Development Agreement ("Development Agreement"). Pursuant to Section
4. 1 (iv) of the Development Agreement, the proposed Portofino DR! and the Amended Miami Beach
Marina DR! are defined as Development Approvals which must be performed or 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. The requested setting of the public hearing is in furtherance of those
provisions of the Development Agreement.
Section 380.06(11), Florida Statutes, requires a public hearing on a DR! application to be held in the
same manner as for a rezoning as provided under the appropriate special or local law or ordinance.
On March 5, 1997, the City Commission and the Redevelopment Agency set this matter for its first
public hearing on May 21, 1997. The Administration is requesting that the Redevelopment Agency
approve the Resolutions setting the matters for their second reading public hearing June 4, 1997,
in compliance with applicable state law.
CONCLUSION
The Administration recommends that the Redevelopment Agency approve 1) the Resolution setting
a first reading public hearing on May 21, 1997, at 5:01p.m. and a second reading public hearing
on June 4, 1997, at 5:02 p.m. for the review of the proposed amendments to the South Shore
Revitalization Strategy (Redevelopment Plan) and 2) the Resolution setting the second reading
public hearing on June 4, 1997, at 5:02 p.m. for the review of the Proposed Portofino DR! and the
Amended Miami Beach Marina DRI.
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