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RESOLUTION 90-20129 RESOLUTION NO. 90-20129 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND METROPOLITAN DADE COUNTY, FLORIDA, PROVIDING FOR THE CITY'S DEPARTMENT OF PLANNING AND ZONING TO PROVIDE THE REVIEW REQUIRED UNDER THE COUNTY'S BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW ORDINANCE FOR PROJECTS LOCATED WITHIN THE CITY'S BOUNDARIES. WHEREAS, the Board of County Commissioners of Metropolitan Dade County, Florida, adopted Ordinance 85-14 amending Chapter 33D of the Code of Metropolitan Dade County, Florida, providing for review of development actions and plans within the shoreline development review boundary; and WHEREAS, Section 6 of said Ordinance contains provisions whereby any affected shoreline municipality may develop a memorandum of agreement with Metropolitan Dade County, Florida, identifying its professional capability for providing staff reviews in accordance with the intent and requirements of the ordinance; and WHEREAS, the City of Miami Beach Department of Planning and Zoning has the professional capabilities required and is desirous of providing the staff reviews for any development actions or plans for proposed developments located within the City of Miami Beach as defined in Ordinance 85-14 ; and WHEREAS, Chapter 163 . 01 Florida Statutes, provides that local governments may enter into interlocal agreements to make the most efficient use of their powers, enabling them to provide services in a manner that will be in accord with geographic, economic, population and other needs of the communities; and WHEREAS, the City Manager recommends that the City enter into said Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized and directed to execute the attached Memorandum of Agreement between the City of Miami Beach and Metropolitan Dade County, providing for the City's Planning and Zoning Department to provide the review required under the County' s Biscayne Bay Shoreline Development Review Ordinance for projects located within the City's boundaries. PASSED and ADOPTED this 10th day of October , 1990. 471(/ ATTEST: MAYOR -t,,,,r,kt CITY CLER ' Fa RM APPROVED LF/SWS/rg LEGAL DEPT. By6134,40,_, &re/ 66 vie.: e BFB, FLORIDA 3 3 1 3 9 - M� �P..----�`4 ,, . er'� 'y soli *.INCOR ORATED*J "VA CA TIONLAND U. S. A. " R OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO.5LJ3 V DATE?ctober 10, 1990 TO: Mayor Alex Dao . and Members of e City Corn `ssi 'y FROM: Rob W. P.rkins City Manag- A-' SUBJECT: MEMORANDUM Or AGREEMENT BETWEEN DADE COUNTY AND THE CITY • OF MIAMI BEACH PERTAINING TO THE BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW COMMITTEE The Biscayne Bay Shoreline Development Review Ordinance (Dade County Ord. 85-14) permits a municipal agency to function as the staff to the Dade County Shoreline Development Review Committee on projects within the municipal jurisdiction. The proposed Memorandum of Agreement between the City and Dade County would permit the Miami Beach Department of Planning and Zoning, with input from the Fire, Building, Historic Preservation/Urban Design, and Public Works Departments, to act in this staff capacity. The City's professional staff would then provide formal recommendations (similar to a zoning and design review process) to the County on bayfront development projects in the City of Miami Beach. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the attached Memorandum of Agreement between Metropolitan Dade County and the City of Miami Beach. RWP\DJG\hp Attachment a:shoremem yt It 3 •...AGENDA ITEM • DATE BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW MEMORANDUM OF AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI BEACH This Memorandum of Agreement, made and entered into this i 2°-' day of , 1990 by and between DADE COUNTY, FLORIDA (the ”County“) , a political subdivision of the State of Florida, and the CITY OF MIAMI BEACH (the "City") , a municipality organized and existing under the laws of the State of Florida. WHEREAS, the Board of County Commissioners of Metropolitan Dade County, Florida, adopted Ordinance 85-14 amending Chapter 33D of the Code of Metropolitan Dade County, Florida, providing for review of development actions and plans within the shoreline development review boundary; and WHEREAS, Section 6 of said Ordinance contained provisions whereby any affected shoreline municipality may develop a memorandum of agreement with Metropolitan Dade County, Florida, identifying its professional capability for providing staff reviews Y g in accordance with the intent and requirements of the ordinance; and WHEREAS, the Cityof Miami Beach has the professional capabilities required re ired and is desirous of providing the staff reviews for any development actions or plans for proposed •f developments located within the City of Miami Beach as defined in Ordinance 85-14, and WHEREAS, p Chapter 163 . 01 Florida Statutes, provides that local governments may enter into interlocal agreements to make the most efficient use of their powers, enabling them to provide services in a manner that will be in accord with geographic, economic, population and other needs of the communities, NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, Metropolitan Dade County, Florida, hereinafter referred to as "County" and the City of Miami Beach hereinafter referred to as "City" hereby agree as follows: 5 1 AGENDA 11 - [ ITEM! DATEto - 90 i ,Tri .:.. _ :e?•'`'f� ARTICLE I. SHORELINE DEVELOPMENT REVIEW - COUNTY AND CITY RESPONSIBILITIES The County and City agree to the following procedures and responsibilities as set forth in this Article: 1. In accordance with the provisions of Section 7 of Ordinance 85-14, as may be amended from time to time, the City official responsible for accepting any application for development action, as well as the applicant for the same shall notify the County Shoreline Development Review (SDR) Coordinator in writing at the time of filing the application for development action for land which falls totally or partially within the Shoreline Review Boundary as defined in Ordinance 85-14 . Said notification from the City official shall include a copy of the development action application including a locator map or plan drawing and a statement certifying that no final development action permit or approval shall be issued by the City until the shoreline development review has been completed or terminated. The names of all City agencies and/or officials responsible for accepting applications for development actions (including p g standard form coastal construction permits as defined in Chapter 24 of the Code of Metropolitan Dade County, Florida, which meet the thresholds set forth in Ordinance 85-14 ; plat approvals; site plan building permits; and zoning permits as defined in said Ordinance) are as follows: (a) Department of Planning and Zoning; (b) Department of Historic Preservation and Urban Design Director or designee; (c) Building Department Director or designee. 2. Whenever the City official or applicant is in doubt as to whether a proposed development is subject to the requirements of Ordinance 85-14 , the City official and applicant shall refer the matter to the SDR Coordinator for the scheduling of a determination of the issue by the Executive Council of the Developmental Impact Committee (DIC) . 2 6 3 . The County agrees to notify the applicant or the Department of Planning and Zoning, the municipal agency responsible for coordinating the municipal Shoreline Development Review process within two (2) days of any determination of the Executive Council of the DIC regarding a development action within the City. 4. The City agrees to provide staff recommendations for all applications for development action (as defined in Ordinance 85-14) within the City's boundaries. These recommendations will be coordinated by the Department of Planning and Zoning and will incorporate comments from other appropriate City Departments including the Department of Historic Preservation and Urban Design, Fire Department, Code Enforcement Division, and the Department of Public Works. Said reviews shall also use the minimum standards and shall satisfy all requirements contained in Ordinance 85-14 and implementing resolutions as may be amended from time to time. a. City will provide the SDR Coordinator with the adopted or approved City fee schedule, indicating the fees to be charged. b. City agrees to provide the applicant with copy of the County fee schedule. c. City agrees to provide staff recommendations for each applicable development action. 5. The City agrees to notify the County SDR Coordinator when the City's staff recommendations have been completed and to provide the Coordinator with ten (10) copies of its staff comments within four working days of said completion. 6. The County agrees rees to have the Shoreline Development Review Committee consider at an advertised public meeting the municipal staff recommendation and evaluation in formulating its recommendation on any proposed development action application regarding land located within the City. The County agrees to schedule and advertise at its cost a plan evaluation meeting of the Shoreline Development Review Committee within twenty (2 0) days after the receipt of ten (10) copies of any plan submitted by a municipal official responsible for reviewing or administering the preparation of such plans. The County further agrees to send the responsible City Official notification of the scheduled meeting 3 7 i +.:. . ... ....::. .!a'�,.,...... r.r...r.r.,a.., :..`...i. ...1:':..x'.,. «. 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R'- r"•r �M T o 4uas aq Tum s�uauznoop pal.pta1 pup 4aodai Ua��T spa q� 'uOT�Op (rte Oar Tut.zad �o buTapau Tie Jo �,xpd �Y �uauzdotanap pasodoad at�4 uo spio , • a p S suoT4p uauzutooa1 pTps :aa44TUM00 MaTAau 4uatudotanaQ atuo0 q TT u p {:. auT aao a 4 3o upaTpti3 atm. Aq paubT s (s)UoTPUet1IUIOOe1 . T us u u s,aag4Tmmoo eq4 ao3 Suos291 eq4 buTpntouT :bUT4aam f.; .zoM ua� U bu T Tt TM q.zoda.z ua��T.zM aa44Tmmoo uas aq4 3o strep Tit C o ) ddp auk puss o . Saa.xbp A4uno0 atlas •8 P ��TO auk pup � .upon I o pa4entpna aq 'rum ' TD el.14 uTq4Tm paq.poot su0T4op 4uauzdotaAap aaAauagM s uTlaaut aa.4R4Tu o3 ua e o is au 3; ;s p apTAold oq saaibe �kTO etas • L Has p �� � � °aa3.4TunuoD MaTAaj waui otanaU auT TaaogS aq4 o4 suptd pips al.ngT l.S Tp TTTM p up ppuabp aq4 3 o Adoo epule - -----—-- ._...._...y.• .....-_�.,.....M..ter..-.r_-,�+�^srrr:srce.:�rg:'�z�.:D�..'t'►„'k':'!'_''1'�'�'`? ARTICLE IV. EFFECTIVE DATE This Agreement shall be effective immediately upon execution by the County and City. ARTICLE V. EXCLUSIVE RIGHTS OF THE COUNTY AND CITY This Agreement and any rights and privileges contained herein are for the sole use and benefit of the County and City and shall not be assigned or transferred to any other party. IN TESTIMONY WHEREOF, the legally designated agent of the Board of County Commissioners of Metropolitan Dade County, Florida and legally designated agent of the City of Miami Beach, Dade County, Florida, do hereunto set their hands and seals this day of , 19 . DADE COUNTY, FLORIDA BY: COUNTY MANAGER ATTEST: DEPUTY CLERK CITY OF MIAMI BEACH, FLORIDA BY: MAYOR ATTEST: CLERK FORM APPROVED LEGAL DEPT. BY SCuabler, Date 3- go 5 9 ACKNOWLEDGMENTS STATE OF FLORIDA ) SS: COUNTY OF DADE ) BEFORE ME personally appeared and , County Manager and Deputy Clerk, respectively, on behalf of Dade County Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of , 1990. Notary Public, State of Florida at Large My Commission Expires: STATE OF FLORIDA ) )SS: COUNTY OF DADE ) BEFORE me personally appeared and , Mayor and Clerk respectively on behalf of the CITY OF MIAMI BEACH, FLORIDA, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged to and before me that they executed said instrument for the purposes therein expresses. WITNESS my hand and official seal, this day of , 1990. Notary Public, State of Florida at Large 6 10 gal-0W RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND METROPOLITAN DADE COUNTY, FLORIDA, PROVIDING FOR THE CITY'S DEPARTMENT OF PLANNING AND ZONING TO PROVIDE THE REVIEW REQUIRED UNDER THE COUNTY'S BISCAYNE BAY SHORELINE DEVELOPMENT REVIEW ORDINANCE FOR PROJECTS LOCATED WITHIN THE CITY'S BOUNDARIES. WHEREAS, the Board of County Commissioners of Metropolitan Dade County, Florida, adopted Ordinance 85-14 amending Chapter 33D of the Code of Metropolitan Dade County, Florida, providing for review of development actions and plans within the shoreline development review boundary; and WHEREAS, Section 6 of said Ordinance contains provisions whereby any affected shoreline municipality may develop a memorandum of agreement with Metropolitan Dade County, Florida, identifying its professional capability for providing staff reviews in accordance with the intent and requirements of the ordinance; and WHEREAS, the City of Miami Beach Department of Planning and Zoning has the professional capabilities required and is desirous of providing the staff reviews for any development actions or plans for proposed developments located within the City of Miami Beach as defined in Ordinance 85-14 ; and WHEREAS, Chapter 163 . 01 Florida Statutes, provides that local governments may enter into interlocal agreements to make the most efficient use of their powers, enabling them to provide services in a manner that will be in accord with geographic, economic, population and other needs of the communities; and WHEREAS, the City Manager recommends that the City enter into said Agreement. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized and directed to execute the attached Memorandum of Agreement } between the City of Miami Beach and Metropolitan Dade County, providing for the City's Planning and Zoning Department to provide the review required under the County's Biscayne Bay Shoreline Development Review Ordinance for projects located within the City's boundaries. PASSED and ADOPTED this day ofk 1990. ATTEST: MAYOR FORM APPROVEDCITY CLERK LF/sws/rg LEGAL DEPT t f:c1,,k1.4, . By Date I TEM DATE 0-t0-9 C 0011, 4104 City Clerk SUBJECT: Authorizing the Mayor and City Clerk to execute a Memorandum of Agreement between the City of , Miami Beach and Metropolitan Dade County, Florida, providing for the City's Department of Planning and Zoning to provide the review required under the County's Biscayne Bay Shoreline Development - Review Ordinance for' projects located within the City's boundaries. Enclosed are 3 originals of the above-noted . . . • . agreement, together with a copy of the authorizing Resolution No. 90-20129, which have 001- • been executed by the City. - - ,..•,. ,.,,, __,...,, Please forward all to the appropriate official _ ... for signature, with the request that the blue- . ' backed copy . by returned to the attention of 1 Mercy Williams in this office. Would you also , - please copy her on your letter of transmittal. , , , She will subsequently forward a fully exectued set to you for your files. 1 ' Thank you. 1 . 4 *k a.- P ".#‘4" .'' ers2 1 I Ilkt/tie,vi ( 2-3-9Z ...,... . :., 3 - (7 z. Ai,,e,,ct.„_4.-,, ,. /7\..\ , Pt- , / v . ; . , .':' iiitit 1 re It. lu 1 1 '1__.0 maimarism...............- ,ilarnill - a , t.ott,i, ,, .6 , „4_,,.,,, 60t4::.eii- zeo.tiet. 12 €')t -,€.14 - . 0 'I O I NAL RESOLUTION NO. 90-20129 Authorizing the Mayor and City Clerk to execute a memorandum of agreement between the City of Miami Beach and Metropolitan Dade County, Florida, providing for the City's Dep drtmpnt of Planning and Zoning to provide the review required under the County's Biscayne Bay Shoreline Develop- ment Review Ordinance for projects located within the City's boundaries.