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99-23039 RESO RESOLUTION NO. 99-23039 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a public hearing, at the request of the City Manager, to review a Design Review Board Decision approving a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 400 South pointe Drive. WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that a process for the review of decisions rendered by the Design Review Board has been established under Section 118-262 of the Miami Beach Code; and WHEREAS, the City Manager has the right to seek a review by the City Commission of a project approved by the Design Review Board; and WHEREAS, the Design Review Board, on November 10, 1998, approved a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 - 400 South pointe Drive (DRB File No. 9943); and WHEREAS, The Appellant, the City Manager, has requested a review of the decision rendered by the Design Review Board concerning DRB File No. 9943. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: 1. The City Commission hereby sets a time certain of 11:00 A.M., on February 17, 1999 to review the decision of the Design Review Board (DRB File No. 9943) wherein it approved a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Portofino Towers from temporary to permanent at 300 - 400 South Pointe Drive. PASSED and ADOPTED this 20th day of January , 1999. ATTEST: ;fl< fir jjl: 'Il'[ ( APPROVED AS TO MAYOR FORM & LANGUAGE & FOR EXECUTION CITY CLERK ~W' IM/~ Ify Aft mey ~; TRM:tm T:\AGENDA\1999\JAN2099\REGULAR\RS9943-R.WPD ~ITY OF MIAMI BEACH ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 ~tp:\\ci.miami-beach. fl. us COMMISSION MEMORANDUM NO. 19 - 9CJ TO: Mayor Neisen O. Kasdin and Members of the City Co mission DATE: January 20,1999 FROM: Sergio Rodriguez City Manager SUBJECT: Request by arquesa Development, Ltd. for the City Commission to set a public hearing to consider a request to modify the 1984 Development Agreement, and the Concept Plan attached thereto, consistent with the Design Review approval granted under DRB File No. 9943. RECOMMENDATION The Administration recommends that the City Commission set a public hearing on February 17, 1999 with a time certain of II :02 A.M. to consider a request to modify the 1984 Development Agreement, and the Concept Plan attached thereto, consistent with the Design Review approval granted under DRB File No. 9943. BACKGROUND On November 10, 1998, the Design Review Board (DRB) approved a request by Marquesa Development, Ltd., to change the status of an existing entrance driveway for South Pointe and Porto fino Towers from temporary to permanent at 300 - 400 South Pointe Drive. The staff report to the DRB for this project and the Final Order are attached, hereto, for informational purposes. ANAL YSIS On December 17, 1998 the Planning and Zoning Director, in correspondence to the Attorney for Marquesa Development, Ltd, advised the applicant that since the Portofino Tower project (of which the subject driveway approved under DRB File No. 9943 is a component) was reviewed and approved under the 1984 Development Agreement, that all reviews and approvals must continue to be made under the Development Agreement. Accordingly, based on Section 6A of the Development Agreement, the proposed driveway reconfiguration approved by the Design Review Board under DRB File No. 9943 constitutes a substantial amendment and therefore, requires approval of the City Commission. AGENDAITEM~ 1-~o-97 DATE CONCLUSION The Administration recommends that the City Commission set a public hearing on February 17, 1999 with a time certain of II :02 A.M. to consider a request to modify the 1984 Development Agreement, and the Concept Plan attached thereto, consistent with the Design Review approval granted under DRB File No. 9943. It is recommended that this matter be scheduled on February 17, 1999 in order to be heard at the same Commission meeting as the appeals of Mr. Jere Bishop and the City Manager for DRB File No. 9943 (which hearings shall also be scheduled for February 17, 1999). .) I SRJJcfJHG:TRM C:I WINDOWSITEMPICM9943-C. WPD