281-97 RDA
RESOLUTION NO. 281-97
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 A RESOLUTION APPROVING
THE ALTERNATIVE PORTOFINO DRI WHICH IS UNDERGOING A
DEVELOPMENT OF REGIONAL IMP ACT REVIEW TO ADOPT A
DEVELOPMENT ORDER AUTHORIZING THE ALTERNATIVE
PORTOFINO DRI AS A SUBSTANTIAL DEVIATION TO THE AMENDED
MIAMI BEACH MARINA DRI, PROVIDING FOR A REPEALER AND AN
EFFECTIVE DATE.
WHEREAS, the Portofino Entities filed an Alternative DRI in August 1997; and
WHEREAS, on October 1, 1997 the South Florida Regional Planning Council transmitted
a letter to the City of Miami Beach stating that the Miami Beach City Commission may set a public
hearing to consider the Alternative Portofino DRI; and
WHEREAS, the proposed amendments to the Miami Beach Marina DRI will establish a
development order for the properties owned by the City of Miami Beach and the Miami Beach
Redevelopment Agency, 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 Alternative 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 December 17, 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.
day of
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUnON
PASSED and ADOPTED this 8th
ATTEST:
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SECRETARY
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Miami Beac,h
Redevelopment Agency
1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone: (305) 673-7193
Fax: (305) 673-7772
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REDEVELOPMENT AGENCY MEMORANDUM NO. 97-26
October 8, 1997
TO:
Chairman and Members of the
Miami Beach Redevelopment Agency
Jose Garcia-Pedrosa Ii
Executive Director
RESOLUTIONS CALLING PUBLIC HEARINGS FOR DECEMBER 17,
1997, at 5:01 p.m. PURSUANT TO SECTION 380.06(11),
FLORIDA STATUTES, FOR THE PROPOSED ALTERNATIVE PORTOFINO
DEVELOPMENT OF REGIONAL IMPACT ("DRI") AND AMENDED MIAMI
BEACH MARINA DRI.
FROM:
SUBJECT:
RECOMMENDATION
Approve the Resolutions.
BACKGROUND
On June 20, 1997, the Portofino Entities advised the City of Miami
Beach and the Miami Beach Redevelopment Agency that the 1995
Development Agreement was terminated, since the required "final
approvals" were not obtained.
The 1995 Development Agreement contained the following provisions
in the event final approval were not obtained:
Section 5.3 (f) Treatment of SSDI North if Final Approvals Not
Obtained. In the event this Agreement is
terminated by West Side and East Coastline because
the required Final Approvals are not timely
obtained, then, in addition to the Initial Closing
and Second Closing, which shall be consummated
under this Agreement notwithstanding the failure to
obtain the Final Approvals, and anything else
herein to the contrary notwithstanding:
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Vedeve'()pment Ulstlic::t
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Vedevel()pment Uistric::t
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(vii)
The City and Redevelopment Agency shall
cooperate with any necessary DRI modifications
to conform with West Side's development rights
under the existing Development Agreement as
modified hereby.
The Portofino Entities are requesting that the City
Commission/Redevelopment Agency Board adopt Resolutions calling
public hearings to review the Proposed Alternative Portofino DRI
and the Amended Miami Beach Marina DRI pursuant to Section
380.06(11), Florida Statutes.
The Alternative Portofino DRI and Amended Miami Beach Marina DRI
are intended to be processed pursuant to Section 380.06, Florida
Statutesj however, the Portofino Entities have not withdrawn
consideration of the Original Amended DRI which has been deferred
until December 17, 1997 and January 21, 1998. At the time the
Original Amended DRI and the Alternative DRI are brought before the
City Commission/Redevelopment Agency Board for final approval,
the Portofino Entities must choose which DRI to pursue at such
hearings.
ANALYSIS
Section 380.06(11), Florida Statutes, requlres that upon notice
from the regional planning agency (in this instance, the South
Florida Regional Planning Council), the City Commission at the next
scheduled meeting, 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 October I, 1997, the South Florida Regional Planning Council
transmitted a letter to Mayor Gelber stating that the Miami Beach
City Commission shall set a public hearing to consider the
alternative Portofino DRI 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.