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219-95 RDA RESOLUTION NO. 21 9- 9 5 A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE .l\aAMI BEACH REDEVELOPMENT AGENCY APPROVING A DEVELOPMENT AGREEMENT AS AMENDED WITH THE CITY OF MIAMI BEACH AND THE PORTOFINO ENTITIES AND AUTHORIZING ITS EXECUTION. WHEREAS, on March 22, 1995 and July 26, 1995, the Chairman and Members approved in concept a transaction with the City of Miami Beach and the Portofino Entities and authorized the City Administration and General Counsel to negotiate a Development Agreement for final approval; and WHEREAS, a Development Agreement including, among other exhibits, design guidelines and an urban design master plan has been negotiated between the parties, and approved by the Chairman and members of the Redevelopment Agency at public hearings on September 13, 1995 and September 27, 1995; and WHEREAS, the City Administration, General Counsel, and Negotiating Committee recommend the approval of the Development Agreement attached hereto as Exhibit "A" as amended by Redevelopment Agenl.Y Memorandum 95-62 (attached) and as amended by the negotiating team, in accordance with Ordinance No. 92-2783, City Code Section 9D-l and Chapter 163.3220, et seq., Florida Statutes. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY: that the Chairman and Members of the Miami Beach Redevelopment Agency hereby approve the Development Agreement in the form attached hereto as Exhibit "A" as amended and the Chairman and Secretary are hereby authorized to execute same on behalf of the Agency, subject to the City Administration and City Attorney's Office review and approval. ~ ,1995. PASSED and ADOPTED this 5th day of ATTEST: , JCr~T AR Y (a:jcd695\prda 1 05 .res) PROVED REDEV MENT AGENCY GENERAL COUNSEL ..---, By J C) ".. r- /()-\~~~ Date Miami EJeach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673-7193 Fax: (305) 673-7772 REDEVELOPMENT AGENCY MEMORANDUM NO. 95-62 October 5, 1995 TO: Chairman and Members of the Board of the Redevelopment Agency SUBJECT: Jose Garcia-Pedrosa ~ Murray H. Dubbin Executive Director~jF General Counsel CONTINUATION OF PUBLIC HEARING ON PORTOFINO NEGOTIATIONS FROM: RECOMMENDATION The Administration and General Counsel recommend that the Portofino Development Agreement which incorporates the Urban Design Guidelines be approved as amended by the changes described in the following memorandum. BACKGROUND Memorandum 95-59 dated September 27, 1995, a copy of which is incorporated as Attachment #1, describes actions taken up until that date. At the September 27, 1995 Agency meeting, members of the Board raised concerns regarding design guidelines regulating tower and bulk and the need for a retail development cap. As a result of these concerns, members of the Negotiating Committee and the City Administration met with a Citizens' Committee on Urban Design Guidelines on Thursday, September 28, 1995 and Sunday, October 1, 1995. Persons participating included Harry Mavrogenes, Dean Grandin, Gladys Margarita Diaz, Ed Resnick and Marla Dumas representing City Administration and/or the Negotiating Committee, and Mark Needle, Charles Schaab, Herman Rubin and Erika Brigham representing the Citizens' Committee on Urban Design Guidelines. S()UTti f)()I~r: l2edevel()pment ()lstl1ct CIIT Cr:NTr:.:> ':>edel'~prpJjP!_J?Istr1Ct October 5, 1995 The discussions and position of the Citizens' Committee are summarized in the attached memorandum identified as Attachment #2. The above referenced meetings served as basis for a two-part Negotiating Committee meeting on Monday, October 2, 1995. Persons in attendance at the morning session included the following: Sergio Rodriguez, Elizabeth Plater-Zyberk, Gladys Margarita Diaz, Edward Resnick, Joseph Fleming, Dean Grandin, Marla Dumas and Sandra Schneider. Commissioner Neisen Kasdin was in attendance for the earlier part of this meeting and Commissioner Nancy Liebman was there for the later part. Persons in attendance for the afternoon session included those referenced above and the following persons representing Portofino: Heinrich Hanau, Matt Gorson, Joel Goldman, Dick Galehouse, Charles Sieger and Cathy Colonnese. The following statements summarize Design Guidelines that were agreed other than the Commissioners who observers to the sessions. the amendments to the Urban upon by the parties present, were in attendance only as Two distinct building types were identified: towers and mid-rises. Tower Guidelines: . Pedestal of no more than 50 feet in height . Above the pedestal the setback of the structure 1S at a 45 degree angle up to a height of 100 feet - maximum floor plate 45,000 square feet . Floor plates above 100 feet are limited to an average floor area of 17,000 square feet but cannot exceed 20% above the average floor plate or a floor area of 20,000 square feet, whichever is less Mid-rise Guidelines: . Pedestal of no more than 50 feet in height . Above the pedestal the setback of the structure is at a 45 degree angle up to a maximum height of 12 stories or 132 feet. The following exceptions were identified: . Goodman Terrace - on the north fifty feet of the site the height shall be limited to 50 feet for the pedestal with a 45 degree angle setback up to a maximum of 75 feet. The remainder of the Goodman Terrace site is subject to the tower or mid-rise guidelines as described herein. . Towers or portions of towers with a 100 feet width or less fronting on streets, baywalk or plazas may setback 25 feet. . No setback requirement adjacent to the Federal Triangle parcel. In regard to the proposal for the northern portion of SSDI South, the Urban Design Guidelines as amended by this memorandum must be followed. The current design has the tower setback at 25 feet; the revised setback to at least 50 feet may result in a reduction of 25 to 35 parking spaces in the alloted 150 spaces for the Marina/public use. The Administration and Legal Department have developed a tentative agreement with Portofino and the Marina operators to resolve this issue. The Agency will reduce the payment to Portofino by $10,000 for each parking space not being provided on the site. The Marina operator will be compensated by this same amount of money per parking space, if the Agency cannot locate alternate sites to meet the parking shortfall. Concerning a cap on retail development, the City Administration recommends it be established at 20%. ANALYSIS A series of memoranda and reports that have been prepared are attached to this memorandum and described below: 1) Letter To Commission No. 119-95 dated October 3, 1995, a copy of which is enclosed as Attachment #3, is an analysis of the Proposed Urban Design Guidelines - Version 3, dated October 2, 1995. 2) Attachment #4 is an analysis of the Urban Design Master Plan and Urban Design Guidelines prepared by Dean J. Grandin, Director of Planning and Zoning Division, dated October 2, 1995. This memorandum summarizes the significant planning features and public amenities and design guidelines that will be provided by the Portofino Development Agreement. 3) In addition to this summary, an analysis of floor area and setbacks was prepared by Dean Grandin and a copy of this report is enclosed as Attachment #5. 4) Also, Attachment #6 is a memo from Dean Grandin describing the Development Review Process for Portofino Development Projects. CONCLUSION The Administration and General Counsel recommend that the Development Agreement, including the Urban Design Guidelines as amended by this Memorandum, be approved by the Redevelopment Agency Board and that the Chairman and Secretary be authorized to execute said documents. JGP :MSD: jm Enclosures Miami Beach Redevelopment Agency 1700 Convention Center Drive Miami Beach, Florida 33139 Telephone: (305) 673-7193 Fax: (305) 673-7772 REDEVELOPMENT AGENCY MEMORANDUM NO. 95-59 September 27, 1995 TO: Chairman and Members of the Board of the Redevelopment Agency SUBJECT: Jose G~rcia~pedrosa ~ Murray H. Dubbin Executlve Dlrector ~ General Counsel A PUBLIC HEARING TO CONSIDER A RESOLUTION OF THE CHAIRMAN AND MEMBERS OF THE MIAMI BEACH REDEVELOPMENT AGENCY APPROVING A DEVELOPMENT AGREEMENT WITH THE PORTOFINO ENTITIES. FROM: RECOMMENDATION The Administration recommends that the Redevelopment Agency Board adopt a Resolution authorizing the Administration and General Counsel to conclude the transaction with the Portofino Development Group, based on the development agreement dated August 28, 1995 and the revisions to this document that were made as a result of negotiations following the September 13, 1995 Agency meeting. BACKGROUND Redevelopment Agency Memorandum No. 95-55 dated September 13,1995, a copy of which is attached hereto as Attachment "A", summarized negotiations up until that date. At the Agency Board meeting of September 13, 1995, Portofino Negotiating Committee Chairman Edward Resnick presented actions taken over the Agency Board I s summer recess to address guidelines regarding tower mass and bulk, vacation of 1st Street and other related matters. The Development Agreement dated August 28, 1995, which has been previously distributed to you is available for review by the public at the following offices: City Clerk, City Attorney and the Department of Development, Design and Historic Preservation Services. S()UTti V()I~ l?edevel()pment Ulstrict ATTACHMENT # 1 CI"O" Cf:NTf:l? l?edevel()pment UistJict AGENDA ITEM 2-C September 27, 1995 At the September 13, 1995 Agency Board meeting the Negotiating Committee and the Administration were instructed to clarify the Development Agreement to ensure that: only half of 1st Street (and the associated development rights) are vacated if an upscale hotel project is approved on the adjacent site; to continue discussions on design guidelines on tower mass and bulk; and to establish a cap on the percentage of retail development permitted. ANALYSIS Recently negotiated modifications to the Development Agreement and, specifically, the design guidelines, continue to improve the Agencyls financial exposure, eliminate many legal concerns, establish urban design guidelines for properties which were previously less regulated, enable the Agency to deal with a single master developer which will result in a controlled overall development scheme, and establish a payment schedule that minimizes interest and enables these funds to be used in the South Pointe area. At the direction of the Agency Board on September 13, 1995, the Negotiating Committee has continued to meet regarding the issues of design guidelines regarding tower mass and bulk and setting of caps for the amount of retail space. Information resulting from these discussions is still being reviewed and refined. This material, depending on when it is finalized, will be submitted to you by an addendum or at the meeting. CONCLUSION The Redevelopment Agency Board should authorize the Administration and General Counsel to approve the Development Agreement, incorporate any changes recommended today, and execute the documents. JGP :MSD: jm Attachments