Resolution 79-15828 RESOLUTION NO. 79- 15828
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH AMENDING THE
DEVELOPMENT ORDER FOR DEVELOPMENT OF
REGIONAL IMPACT GRANTED TO MIAMI BEACH -
REDEVELOPMENT AGENCY BY AMENDING RESOLUTION
No . 78-15705 PASSED AND ADOPTED SEPTEMBER
6, 1978 .
WHEREAS , on March 27, 1978, MIAMI BEACH REDEVELOPMENT
AGENCY, filed a Development of Regional Impact Application
for Development Approval with the City Commission of the
City of Miami Beach in accordance with Section 380 . 06,
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Florida Statutes ; and
WHEREAS, said applicant proposes to develop :
1 . Retail Area - 512, 600 square feet - gross .
2. Office Area 68, 750 square feet - gross .
3 . Hotel Area - 3 , 349, 500 square feet - gross
(4, 785 units) . '
4. Residential Area - 3 , 610 square feet - gross
(2, 800 market-rate units and 750 assisted units) .
5 . Other Uses 90, 200 square feet.
6 . Parking Spaces - 13, 172.
on 250 acres, constituting a Residential and Mixed-use
Development of Regional ,Impact on the following described
real property located in Dade County;
All that real property in the City
of Miami Beach, County of Dade, State
of Florida, within the following-
described boundaries :
Beginning at the Northwesterly corner of LOT 2, BLOCK 1,
FLEETWOOD SUBDIVISION according to THE AMENDED PLAT thereof
• as recorded in Plat Book 28, Page 34 of the Public Records
of Dade County, Florida;
Thence run Easterly along the Northerly line of said LOT 2 •
for a distance of 150. 7 feet more or less to a point, said
point being the Northeasterly corner of said LOT 2; .
Thence continue along above mentioned course for a distance
of 50 feet more or less , across West Avenue, to the
intersection with Westerly line of BLOCK 2, FLEETWOOD SUB-
DIVISION, according to the AMENDED PLAT thereof as recorded
in Plat Book 28, Page 34 of the Public Records of Dade
County, Florida;
Thence run Southerly along the Westerly line of said BLOCK
2 for a distance of 160. 3 feet more or less to a point, said
point being a Point of Curvature (P. C.) or a circular curve
concave to the Northeast and having for its elements a radius
of 15 feet and a central angle of 90;
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FORM APPROVED
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Thence run along said circular curve an arc distance of 23 . 6
feet more or less to the Point of Tangency (P.T. ) ;
Thence Easterly along the Northerly line of Sixth Street
for a distance of 2679 . 4 feet more or less to .the Point of
Intersection with the Easterly line of Washington Avenue;
Thence run Easterly along the Northerly line of said Sixth
Street for a distance of 713 . 7 feet more or less to the Point
of Intersection with the Easterly line of Ocean Drive;
Thence continue along above described course (Northerly line
of Sixth Street projected Easterly) for a distance of 1400
feet more or less to a point;
Thence run Southwesterly along the line parallel to and 1680
feet more or less Easterly of the East line of Collins Avenue
for a distance of 2800 feet more or less to a point ;
Thence run Southeasterly at an angle of 90° with the previous
course at a distance of 660 feet more or less to a point ;
Thence run Southwesterly at an angle of 90° with the previous
course a distance of 2100 feet more or less to a point ;
Thence run Westerly along the line parallel to and 300 feet
more or less South of the Northerly limits of Government
Cut for a. distance of 3900 feet more or less to a point ;
Thence run Northwesterly along the line parallel to and 620
feet more or less Southwest of existing bulkhead line (M.H.W.
Line) for a distance of 1000 feet more or less to a point ;
Thence run Southwesterly at an angle of 90° with the previous
course a distance of 95 feet more or less to a point;
Thence run Northwesterly at an angle of 90° with the previous
course a distance of 500 feet more or less to a point;
Thence run Northeasterly at an angle of 90° with the previous
course for a distance of 95 feet more or less to a point ;
Thence run Northwesterly' along the line parallel to and 620
feet more or less Southwest of existing bulkhead line (M.H.W.
Line) for a distance of 2500 feet more or less to a point ;
Thence Easterly along the line parallel to and 175 feet more
or less North of the North line of Sixth Street produced Westerly
for a distance of 930 feet more or less to the Point of Beginning.
WHEREAS , the City Commission of the City of Miami
Beach, as the governing body of the local government having
jurisdiction, pursuant to Sections 380. 031 and 380. 06,
Florida Statutes , is authorized and empowered to consider
Applications for Development Approval for, Developments of
Regional Impact; and
WHEREAS, the public notice requirements of the Charter
and Ordinances of the City of Miami Beach and Section 380. 06(7) ,
Florida Statutes , have been satisfied and notice has been
given to the Division of State Planning, South Florida
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Regional Planning Council, Department of Environmental
Regulation, Tallahassee Office, South Florida Water Manage-
ment District, Dade County and to adjacent counties on April
3, 1978 ; and
WHEREAS , this Commission has on July 17 , 1978 held a
duly noticed public hearing on the DRI Application for
Development Approval, and has heard and considered the
testimony taken thereat; and
WHEREAS , this Commission has received and considered`
the report and recommendations of the South Florida Regional
Planning Council; and
WHEREAS , this Commission has made the following FINDINGS
OF FACT AND CONCLUSIONS OF LAW with regard to the Application
for Development Approval.
FINDINGS OF FACT
A. The proposed development is not in an area of
critical state concern designated pursuant to the
provisions of Section 380 . 05, Florida Statutes ;
B . A state land development plan applicable to the
area has not been adopted;
C. The development is consistent with local land i=
development regulations ;
D. The proposed development is consistent with the
report and recommendations of the South Florida
Regional Planning Council submitted pursuant to
Section 380. 06(8) , Florida Statutes .
CONCLUSIONS OF LAW
NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION of
the City of Miami Beach, Florida, in public meeting, duly
constituted and assembled this 7th day of February, 1979,
that :
1. The Development of Regional Impact Application for
Development Approval submitted by the Miami Beach Redevelop-
ment Agency is hereby ordered APPROVED subject to the
Conditions attached hereto as exhibit A and made a part
hereof as if here set out in full. (It is acknowledged that
there has already been compliance with some of said Conditions) .
2. That the Application for Development Approval is
incorporated herein by reference and relied upon by the
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parties in discharging their statutory duties under Chapter
380, Florida Statutes . Substantial compliance with the
representations contained in the Application for Development
Approval is a condition for approval unless waived or modified
by agreement among the parties .
3 . That this Resolution amends Resolution 08-15705
passed and adopted by the City Commission on September 6,
1978 and shall constitute the amended Development Order of
this Commission issued in response to the Development of
Regional Impact Application for Development Approval filed
by the Miami Beach Redevelopment Agency.
4. That the definitions found in Chapter 380, F.S . ;
shall apply to this Amended Development Order.
5 . That the following are hereby incorporated by
reference and made a part of this Amended Development Order :
a. The Application for Development Approval submitted
by Miami ,Beach Redevelopment Agency to the City of Miami
Beach on or about March 17, 1978 .
b . Supplementary and amendatory materials submitted by
the applicant during the review process on or about
July 3, 1978 .
6 . That this Amended Development Order shall be binding
upon the applicant and its heirs, assigneees or successors
in interest . It is understood that any reference herein to
any governmental agency shall be construed to mean any
future istrrumentality which may be created and designated
as successor in interest to, or which otherwise possesses
any of the powers and duties of any referenced governmental
agency in existence on the effective date of this Develop-
ment Order.
7 . That in the event that any portion or section of
this Amended Development Order is determined to be invalid,
illegal or unconstitutional by a court of competent juris-
diction, such decisions shall in no manner affect the remain-
ing portions or sections of this Amended Development Order,
which shall remain in full force and effect.
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y . .
8 . That the approval granted by this Amended Develop-
ment Order shall not be construed to obviate the duty of the
applicant to comply with all other applicable local or state
permitting procedures .
9 . That subsequent requests for development permits
shall not require further review pursuant to Section 380 .06,
Florida Statutes , unless it is found by the City Commission
after due notice and hearing, that one or more of the follow-
ing is present;
a) A substantial deviation from the terms or conditions
of this Amended Development Order, or other changes to the
approved development plans which create a reasonable likeli-
hood of adverse regional impacts or other regional impacts
which were not evaluated in the review by South Florida
Regional Planning Council, or
b) An expiration of the period of effectiveness of
this development order as provided herein.
Upon a finding that any of the above is present, the
City Commission shall order a -termination of all development
activity until such time as a new DRI Application for
Development Approval has been submitted, reviewed and approved
in accordance with Section 380 . 06, F.S .
10. That this Amended Development Order shall remain
in effect for a period of ten years from the date of its
rendition, provided that this effective period may be extended
by the City Commission upon a finding of excusable delay in
any proposed development activity and that conditions have
not changed sufficiently to warrant further considerations
of the development. In the event the developer fails to
commence significant physical development within 2 years
from the date of rendition of this Amended Development
Order, development shall be subject to further consideration.
11. During the period of effectiveness of this Amended
Development Order, the applicant shall annually provide the
City of Miami Beach, the South Florida Regional Planning
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Council, and the Division of State Planning with a summary
of completed construction and a schedule of proposed construct-
ion over the remaining life of the Amended Development
Order. This summary shall be in the form designated by the
South Florida Regional Planning Council.
12. This Amended Development Order shall become effec-
tive upon being signed by the Mayor of City Commission of
the City of Miami Beach, (provided such date shall be extended
until completion of appellate procedures , if any, relating
to the issuance of this Amended Development Order. )
13 . Copies of this Amended Development Order shall be
transmitted immediately by certified mail to the Division of
State Planning, the South Florida Planning Council, and The
• Miami Beach Redevelopment Agency.
PASSED AND DULY ADOPTED THIS 7th day of
February , 1979 .
CITY COMMISSION OF THE CITY OF
MIAMI BEACH
DADE COUNTY, FLORIDA
By da. 15eLda
MAYOR
ATTEST:
CITY CLERK
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CONDITIONS OF APPROVAL
la. Prior to the development order hearing by the
City, the roadway net work in the area of 5th
Street and Collins Avenue will be replanned and
the ADA appropriately amended by the Applicant
and submitted to the Council.
lb . As a condition to the construction of that portion
of the canal system lying east of the present
'alignment of Collins Avenue, and consistent with
the provisions of lc, the following shall be assured:
(1) That there has been designed and established
(pursuant to the approval of the appropriate
permitting agencies) a structure lying be-
tween the eastern most extension of the canal
system and the shoreline, which said structure
shall be heavily reinforced by concrete structures
supported on concrete piles sunk into bedrock,
and which structure shall serve as the found-
ation for the roadway system and parking complex
structures . Said structure shall be a' height
and width and reinforced in such a manner as
to strengthen and reinforce the existing ridge-
line so as to prevent piping resulting from
hurricane surge waters .
lc. Applicant shall not build or permit any developer
to construct any structure within 50' of the erosion
control line as established in May, L974 pursuant
to the Florida Statutes , Chapter 161', as amended.
ld. Assure that parking facilities are provided for use
by the general public in order to provide easy
access to the beach by those arriving by private
vehicle. Said facilities shall be designed to en-
courage use by providing separate entrances for use
by the general public for beach access .
2 . Applicant together with the Dade County Historical
Survey and any other preservation public or private
organization will photo-document all older buildings
presently not performing any historical function
and preserve the same in an approproate repository
for the future educational and historical value.
3 . Prior to acquisition of the South Beach Elementary
site, provide written evidence of an agreement
having been reached among the Redevelopment Agency,
the City of Miami Beach and the Dade County School
Board, specifying the size, location, timing and
financing of a new elementary school .
EXHIBIT A
Page 1 of 4 pages
4. Limit public access to dune areas with Sea Oats '(a
protected species) ; and plant additional Sea Oats
as indicated in the ADA.
5 . Landscape only with native, salt-tolerant species
to reduce both water consumption and fertilizer
run-off.
6. Install water conservation devices to reduce the
use of energy and energy costs , while at the same
time reducing water consumption. Specifically,
install water-saving toilets and shower heads , and
where financially feasible, install solar water-
heating devices . While these conservation measures
are listed in the Applicant' s Private Sector
Development Controls are Guidelines as recommendations ,
they should be included as requirements in the
Development Order.
7 . Applicant shall adopt a water quality monitoring
and canal maintenance program subject to the written
approval of the State of Florida, Department of
Environmental Regulations (DER) and the Dade County
Department ofEnvironmental Resource Management (DERM) .
In the event that review by DERM and DER necessitates
modification of the canal system, the application
will be resubmitted for review by the Council as
it relates to the impact of such modification.
8 . The plan will be modified. to insure units with
enough bedrooms to accomodate relocated residents .
9 . The provisions contained in the Redevelopment Plan
adopted by the City of Miami Beach and Dade County
as relates to the payment of rent relocation
benefits to displaced current residents who are
eligible for relocation assistance shall continue
in full force and effect as provided in the Plan
and as implemented by Ordinance #7820, Metropolitan
Dade County adopted as amended on April 4, 1978,
Section 6 which provides :
"Relocation assistance trust fund. Out
of the proceeds of each bond sale, there
shall be withdrawn, placed in trust, and
separately accounted for, such sums as
are prescribed in the Redevelopment Plan
to pay the costs of moving expenses and
relocation benefits . "
10. Applicant shall adopt policies whereby it will use
its best efforts and endeavors to "over demolish"
and buffer remaining units to the maximum extent
possible in order to avoid, where feasible, dis-
comfort and inconcenience. •
Page 2 of 4 pages
11. The Applicant shall use its best efforts to acquire
all of the land in the redevelopment area as
rapidly as possible.
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12. Applicant shall be required to cause the construc-
tion of residential development at a pace necessary
to accomplish the requirements of the relocation
plan.
13 . The McArthur Causeway - 5th Street - Alton Road
interchange alteration proposed by the applicant,
including changes due to close West Avenue between
5th and 6th Streets , will have a positive effect
upon the flow of traffic in the northwest section
of South Shore. The Applicant should carry out all
their proposed modifications at Agency expense upon
receiving final design approval from the Dade
Office of Traffic and Transportation. Also, the
applicant should ensure that signs are posted on
McArthur Causeway eastbound prior to the inter-
change stressing the use of Alton Road for travel
north, also at applicant expense.
14. Set aside sufficient right-of-way along the loop
road to accomodate mass transit, and to provide,
through design, the avoidance of potential inter-
ference to moving traffic caused by the loading and
unloading of passengers .
15 . Substantial emphasis is placed in the application
on diverting internal automobile trips to public
and personal transportation. This is to be
accomplished partially by locating public parking
facilities along and under the loop road, and by
linking these facilities with the activity centers
via mini-buses . To be successful, the applicant
should offer incentives such as lower parking fees
or combined parking and transit fees , to induce
parking alont the loop rather than at individual
activity centers .
16. The concept of a transit center is excellent,
however, the applicant should conduct a complete
analysis of the most appropriate location. The
impact of locating such a center along 5th Street
should be assessed, and alternative locations
considered. The Metropolitan Transit Authority
should be consulted in the course of such analysis .
17 . As relates to internal transportation within the
project area, in the event such transportation is
accomplished through non-public carriers , Applicant
or the City shall maintain as great a degree of
control over such operations as is lawful and
feasible. Such privately provided transportation
shall be pursuant to agreement with City or the
Page 3 of 4 pages
Applicant which will give the City or Applicant
right to see books and analyze its program' s
effectiveness and structure. And, further provide,
if lawful and feasible, the power to change
management of the transit modes if it seems fit and
to exercise formal approval power over the rate
structure and level of service .
All such engagements shall be made in consideration
of and in consultation with the Metropolitan Transit
Authority and the Florida Department of Transportation
as well as the City of Miami Beach, Division of
Transportation. The aforegoing shall be accomplished
within the guidelines of Florida Statute, Chapter
323 and the appropriate Ordinance of the City of
Miami Beach and the Metropolitan Dade County
relating to transportation.
18 . The applicant should consult with the Metropolitan
Dade County Transit Authority (MTA) to determine
whether the MTA will be adversely affected by the
proposed internal-external mini-bus system. If
negative impacts will result, the applicant should
reach agreement with MTA to minimize such impacts .
19 . Minor dead end roads should be avoided or designed
to allow ready access and egress by emergency and
sanitation vehicles . If any minor roads off the
loop road service only one facility, the applicant
should reach an agreement with the Department of
Public Works and the City of Miami Beach as to the
expense of maintenance of such roads .
20. The Application for Development Approval be incor-
porated by reference into the Development Order of
the City of Miami Beach as follows :
"the Application for Development Approval 'a
is incorporated herein by reference and
relied upon by the parties in discharg-
ing their statutory duties under Chapter
380 Florida Statutes . Substantial compli-
ance with the representations contained
in the Application for Development Approval
is a condition for approval unless waived
or modified by agreement among the parties . "
Page 4 of 4 pages
-from 39th St. to 44th St. ; and Collins Ave.
from 44th to 46th Sts. ; authorized at an
Election held 10/5/78)
ORIGINAL
RESOLUTION NO. 79-1582#L
( Amending the Development Order for
Development of Regional Impact granted to
to Miami Beach Redevelopment Agency by
amending Res.#78-15705, passed and adop •
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ted September 6, 1978)