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274-97 RDA RESOLUTION NO. 274-97 A RESOLUTION OF THE CHAIRMAN AND BOARD OF THE MIAMI BEACH REDEVLOPMENT AGENCY, SETTING A PUBLIC HEARING PURSUANT TO SECTION 380.06(11), FLORIDA STATUTES, TO CONSIDER ADOPTING A RESOLUTION RECOMMENDING APPROVAL OF 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" LEGALL Y DESCRIBED ON ON EXHIBIT "A" TO BE KNOWN AS THE "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 "PORTOFINO DRI" AND ISSUING A SEPARATE DRI DEVELOPMENT ORDER FOR SAID 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, the City of Miami Beach ("City") 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 Portofino DRI are in furtherance of the requirements of the Development Agreement; and WHEREAS, a first public hearing was previously scheduled by the Miami Beach Redevelopment Agency for May 21, 1997 at 5:0 I p.m. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY, that a second public hearing to consider adopting a Resolution recommending approval of 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 "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 "Portofino DRI" and issuing a separate DRI Development Order for said 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, 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 June 4, 1997 beginning at 5:02 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 7th day of May APPROVED AS TO FORM & LANGUAGE & FOR EXeCUTION ATTEST: J<Q~() PClA~ SECRETARY DJT\kw F:\A TTOITURNlRESOSIPDRlHRG.RDA ~ General CotlnseJ Date 2 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 TO: Chairman and Members of the Board of the Miami Beach Redevelopment Agency Jose Garcia-Pedrosa 1l1J Executive Director I/'! FROM: SUBJECT: 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 DR!. 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, Portofino 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-1056-84 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. S()lJTti V()I~ ~edevel{)pment Ulstrict CIIT CI:~l? ~edevel{)pment UistJict AGENDA ITEM 3-B May 7, 1997 4 The proposed amendments to the Revitalization Strategy accomplish two objectives: (1) The textual amendments indicaJe 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 DRI pursuant to Section 380.06(11), Florida Statutes. 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 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 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 DRI 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 DRI and the Amended Miami Beach Marina DRI. JGPIHSM!BJG MHF:C1\F:\PB\ALL\CMEMOS\RDAPFS.SET 2 , .. ~