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2004-3456 Ordinance ORDINANCE NO. 2004-3456 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE PORTOFINO DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER, AS ADOPTED BY CITY OF MIAMI BEACH ORDINANCE NO. 98-3121, PURSUANT TO A NOTIFICATION OF PROPOSED CHANGE (NOPe) PROPOSED BY TRG-ALASKA I, LTD AND TRG-ALASKA III, LLC, TO ALLOW: (1) THE FILLING AND BULK HEADING OF THE EXISTING BOAT BASIN ON THE ALASKA PARCEL; AND (2) ADDING APPROXIMATELY 7,200 SQUARE FEET OF LANDS TO THE DRI; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER 380 FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, in 1998 the Miami Beach City Commission approved a Development of Regional Impact ("DRI") for certain properties in the South Pointe area, which approval is contained in Ordinance No. 98-3121; and WHEREAS, the current Owners of certain properties within the boundaries of the DRI have filed a Notification of Proposed Change ("NOPC") to the DRI with the City of Miami Beach Planning Department, City Attorney, City Clerk and City Manager, and with copies to the South Florida Regional Planning Council, Department of Community Affairs, Florida Department of Environmental Protection, South Florida Water Management District, U.S. Army Corps of Engineers, Department of Environmental Resource Management and Florida Department of Transportation; and WHEREAS, the NOPC seeks approval to allow: (1) the filling and bulk heading of the existing boat basin on the Alaska Parcel; and (2) the addition of approximately 7,200 square feet oflands to the DRI; and WHEREAS, the development, as approved originally and as proposed in the NOPC, makes adequate provision for the public facilities needed to accommodate the impacts of the proposed development in accordance with the City of Miami Beach Comprehensive Plan; and WHEREAS, approval of the following amendments to the Porto fino Development of Regional Impact ("DRI"), subject to the provisions of this Ordinance, is consistent with the Requirements of Chapter 380, Florida Statutes, and is in conformity with all other applicable local and state laws and regulations; and WHEREAS, the City Commission, after complying with all applicable notice requirements has reviewed the recommendations of staff; the Planning Board recommendations made after its hearing of June 22, 2004 and has conducted a public hearing, on July 28, 2004, and has determined that approval of the following amendments to the Porto fino DRI Development Order, subject to the conditions and requirements specified in this Ordinance, will further the interests of the health, safety and welfare ofthe citizens of Miami Beach. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Miami Beach, Florida: SECTION 1. City of Miami Beach Ordinance No. 98-3121 shall be amended so that the attached Exhibit C shall be substituted for Exhibit "C" of Ordinance No. 98-3121 and, therefore, the following additional properties shall be included in the DR!: Lot 9 and the West 4 feet of Lot 8, in Block 51, Ocean Beach Addition No.3, in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Lot 8 and the Westerly 8 feet of Lot 7, in Block 52, Ocean Beach Addition No.3, in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. SECTION 2. Section 7 A. 18 of City of Miami Beach Ordinance No. 98-3121 shall be amended to read as follows: Section 7 A. 18. 18. No alternation or maintenaRce, excluding work related to the pr-oposed Ba)~,'..alk, of the e~dsting slip located OR the :\laska Par-eel, hereinafter referred to as the "slip," shall be permitted \v-ithom the Applicant hfr';ing sabmitted, at least f-orty five (15) days prior to the filing of any applications for the re<:}aisite environmental permits for such action, a Notice of Proposed Chaage to a previously appr-o'led DRI, to the DOflartmeHt of ComnuHlity .^.ffairs, the Somh Florida Regional PlaHfling COI:mcil aRd the City. Said Notice shall comply with the provisions of Section 380.06(19), Florida Statmes and shall inclade a copy of the proposed permit application, along ','lith all sliflporting data, For the pl::1l"floses of this condition, the filling of the slip shall be presumed to constitme a substantial de';iation aRd the }.pf'llicant shall bear the baTeen ofrebuf:ting, with clear aRd con'lincing evideHce, that such proposed chaRge does Rot constitme a sltSstantial ae'liation. In no event shall any alteration or maintenance, excluding work related to the proposed Baywalk, of the exi~ting slip on the Alaska Parcel be commenced or conducted without compliaeee with this cORditiofl and only after applicable approvals from regulatory agencies, with jurisdiction, including the Metropolitan Miami-Dade County Department of Environmental Resources Management, the Florida Department of Environmental Protection, the South Florida Water Management District and the United States Army Corps of Engineers. SECTION 3. The City Commission determines that the changes provided for in this Ordinance do not constitute a substantial deviation in accordance with Section 380.06(19), Florida Statutes. SECTION 4. Except as otherwise modified herein, City of Miami Beach Ordinance No. 98-3121 shall remain in full force and effect. 2 SECTION 5. RECORDATION. This Ordinance shall be recorded in the Official Records of Miami-Dade County, and the provisions contained herein shall run with the land and are binding upon the Developer, its grantees and assigns. SECTION 6. AUTHORIZATION. The City of Miami Beach, in accordance with its Charter, is authorized to amend this Development Order. SECTION 7. CODIFICATION. It is the intention of the City Commission that this Ordinance not be entered into the Code, and this Ordinance and its Exhibits shall not be codified, but shall be kept on file with the City Clerk's Office. SECTION 8. TRANSMITTAL. The City Clerk is instructed to transmit a copy of this Ordinance and all Exhibits attached hereto to the Florida Department of Community Affairs, the South Florida Regional Planning council, and the Applicant's Agents, as required pursuant to Florida Statutes. SECTION 9. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 10.SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 11. EFFECTIVE DATE. This adoption, except that if this ordinance is timely app Ie 380.07, Florida Statutes, effectiveness shall be del ed inance shall take effect ten days after as p ovided in sections 380.06(19) and til e resolution of such appeal, if any. PASSED and ADOPTED this 28th da ATTEST: ,2004. ~'s'~ r CITY CLERK VERIFIED ~.J"i'$f 7/f,;;y PLANNING DIRECTOR DATE APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ....-::: &"'/~ 0 r DATE T:IAGENDAI2004\Ju12804\RegularI1671 - DRI Ordinance on NOPC.rev071604.DOC 3 EXHIBIT C GOODMAN TERRACE PARCEL Part of the Northwest quarter of Section 10, Township 54 South, Range 42 East, described as follows: Begin in North line of Section 10, which line is also South line of Biscayne Street at its intersection with East line of Jefferson Avenue extended; then South in line drawn at right angles to South line of Biscayne Street 132 feet, thence, East in line drawn parallel with South line of Biscayne Street to West line of Washington Avenue; thence, North along West line of Washington Avenue to its intersection with South line of Biscayne Street; thence, West along South line of Biscayne Street to point of beginning. Also described as: all that part of North 132.0 feet of Section 10-54-42 known as Smith Cottages Tract and also as Tract B and bounded on North by North line of Section 10; on West by East line of Jefferson Avenue extended; on South by line parallel to and 132' South of North line of Section 10; on East by West line of W ashington Avenue extended. HINSON PARCEL BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida, less and excepting therefrom the following two dedications: A 50,00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, Page 77, of the Public Records of Miami-Dade County, Florida. Said 50.00 foot dedication being described as follows: Bounded on the North by the Northerly line of said BLOCK 8; Bounded on the South by the Southerly line of said BLOCK 8; said Southerly line also being the Northerly line of the Government Reservation shown hereon; Bounded on the East by a line parallel to and 50.00 feet distant Easterly of, as measured at 90-degrees to the Westerly line, of said BLOCK 8; Bounded on the West by the Westerly line of the above-referenced BLOCK 8, said Westerly line also being the Easterly line of Biscayne Bay. A 40.00 foot dedication in BLOCK 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said 40.00 foot dedication being described as follows: Bounded on the North by the Northerly line of the above-referenced BLOCK 8; Bounded on the South by the Southerly line of the above-referenced BLOCK 8, said Southerly line also being the Northerly boundary line of the Government Reservation shown hereon; Bounded on the east by the Westerly line of Washington Avenue, said Westerly line also being the Easterly line of BLOCK 8; Bounded on the West by a line parallel to and 40.00 feet distant Westerly of, as measured at 90-degrees to the Westerly line, of the above-referenced Washington Avenue. ALASKA PARCEL A parcel of land and accreted land located in Section 10 Township 54 South, Range 42 East, Miami-Dade County, Florida, and being more particularly described as follows: 4 For a Point of Beginning commence at a 1O-inch-square concrete monument located on the northerly boundary of the u.s. Army Corps of Engineers Reservation, being the westernmost comer of Lot 6, Block 4, of South Beach Park Subdivision as shown in Plat book 6, Page 77, of the public records of Miami-Dade County; said monument designated "C" having grid coordinates ofX-784,440.39 and Y-521,912.47. Said monument also lies approximately South 24 degrees 27'26" West a distance of592.30 feet South of and North 65 degrees 36'16" East ofa distance of 554.97 feet West of the northeast comer of the northwest 1/4 of Section 10, Township 54 South Range 42 East. From said Point of Beginning run thence South 24 degrees 25'50" West a distance of 420.43 feet, more or less, to the Mean High Water (M.H.W.) line of the northerly shoreline of the "Government Cut" for the entrance channel of the Miami Harbor; thence North 65 degrees 35'19" West along said M.H.W.line a distance of261.59 feet to a point on a bulkhead; thence North 31 degrees 08'28" West along said bulkhead a distance of 242.83 feet to U.S. Army Corps of Engineers Monument "Virgil" having a grid coordinate of X- 783,902.72 and Y-521,845.63; thence North 57 degrees 41 '41" East a distance of 226.20 feet to Monument "West" having a grid coordinate of X-784,093.91 and Y-521,966.52; thence North 87 degrees 38'37" East a distance of 208.58 feet to Monument "G", having a grid coordinate of X-784,302.32 and Y-521,975.l4; thence South 65 degrees 35'12" East a distance of 151.63 feet to Monument "c' and the Point of Beginning. BLOCKS 51 AND 52 PARCELS Lots 21, 22, 23, 24, and the West 1/2 of Lot 25, in Block 51, of OCEAN BEACH ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Lots 4,5,6, and the East 22 feet of Lot 7, in Block 52, of OCEAN BEACH ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Lots 19,20, the East one-half of Lot 25, and all of Lots 26, 27, and 28, in Block 51, of OCEAN BEACH ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Also, a 10.00 foot strip of land shown on the referenced Plat as a 10.00 foot walk; adjacent to and bounded on the North by the Southerly line of above referenced Lots; bounded on the South by the Northerly line of Biscayne Street, said line being 10,00 feet Southerly of the Southerly line referenced Lots; bounded on the West by the Westerly line of Lot 19, extended Southerly; bounded on the East by the Easterly line of Lot 28 extended Southerly; Lots 5, 6, 7, 11, 12 and the Easterly 26 feet of Lot 8, in Block 51, of OCEAN BEACH ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Lots 25, 32, and 33, in Block 52, of OCEAN BEACH ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. 5 Lots 9, 10 and 11, in Block 52, of OCEAN BEACH ADDITION NO.3, according to the Plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida. Lot 9 and the West 4 feet of Lot 8, in Block 51, Ocean Beach Addition No.3, in Plat Book 2, at Page 81, ofthe Public Records of Miami-Dade County, Florida. Lot 8 and the Westerly 8 feet of Lot 7, in Block 52, Ocean Beach Addition No.3, in Plat Book 2, at Page 81, ofthe Public Records of Miami-Dade County, Florida. BISCAYNE COURT A Parcel of land lying and being in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida; and being more particularly described as follows: For a Point of Beginning commence at the northwest comer of Lot 19, Block 51 of OCEAN BEACH, FLA. ADDITION NO.3, according to the plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida; thence N 12046' 09" W, for a distance 00.50 feet; thence N 77013' 28" E, for a distance of 60.00 feet; thence N 12046' 09" W, for a distance of 7.50 feet to a point on the Southwest comer of Lot 12, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along the Southerly lot line of said Lot 12, Block 51, N 770 13' 28" E, for a distance of 60.00 feet to a point on the Southeast comer of Lot 11, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence leaving said Southerly lot line, S 120 46' 09" E, for a distance of 7.50 feet; thence N 770 13' 28" E, for a distance of63.18 feet; thence N 12046' 09" W, for a distance of7.50 feet to a point on the Southwest comer of Lot 8, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said Southerly lot line; N 770 13' 28" E, for a distance of 116.00 feet to the Southeast comer of Lot 5, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence leaving said Southerly lot line; S 12046' 09" E, for a distance of 15.00 feet to a point on the Northeast comer of Lot 28, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said Northerly lot line, S 770 13' 28" W, for a distance of 300.00 feet to the Northwest comer of Lot 19, Block 51 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3, said point also being the Point of Beginning. Containing 0.082 Acres, more or less. COMMERCE COURT A parcel ofland lying and being in Section 3, Township 54 South, Range 42 East, City of Miami Beach, Miami-Dade County, Florida, and being more particularly described as follows: For a Point of Beginning commence at the Northwest comer of Lot 25, Block 52 of OCEAN BEACH, FLA. ADDITION NO.3, according to the plat thereof, as recorded in Plat Book 2, at Page 81, of the Public Records of Miami-Dade County, Florida; thence N 12046' 09" W, for a distance of 10.00 feet; thence NO 77 13' 28" E, for a distance of 30.00 feet; thence N 120 46' 09" W, for a distance of 10.00 feet to a point on the Southwest comer of Lot 11, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said Southerly lot line N 770 13' 28" E, for a distance of 90.00 feet to a point on the Southeast comer of Lot 9, Block 6 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence leaving said Southerly lot line S 12046' 09" E, for a distance of 10.00 feet; thence S 770 13' 28" W, for a distance of 90.00 feet; thence S 120 46' 09" E, for a distance of 10.00 feet to a point on the Northeast comer of Lot 25, Block 52 ofthe aforementioned OCEAN BEACH, FLA. ADDITION NO, 3; thence along said Northerly lot line S 770 13' 28" W, for a distance of 30.00 feet to the Northwest comer of Lot 25, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; also being the Point of Beginning. Together with: For a Point of Beginning commence at the Southeast comer of Lot 4, Block 52 of OCEAN BEACH, FLA. ADDITION NO.3, according to the plat thereof, as recorded in Plat Book 2, at Page 81, ofthe Public Records of Miami-Dade County, Florida; thence leaving said Southerly lot line S 120 46' 09" E, for a distance of 20.00 feet to a point on the Northeast comer of Lot 33, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said Northerly lot line S 770 13' 28" W, for a distance of 60.00 feet to a point on the Northwest comer of Lot 32, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence leaving said Northerly lot line,N 120 46' 09" W, for a distance of 10.00 feet; thence S 770 13' 28" W, for a distance of 51. 70 feet; thence N 120 46' 09" W, for a distance of 10.00 feet to a point on the Southerly lot line of lot 7, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3; thence along said Southerly lot line N 770 13' 28" E, for a distance of Ill. 60 feet to a point on the Southeast comer of Lot 4, Block 52 of the aforementioned OCEAN BEACH, FLA. ADDITION NO.3, also being the Point of Beginning. Containing 0.067 acres, more or less. WASHINGTON AVENUE EXTENSION A parcel of land lying and being in Section 10, Township 54 South, Range 42 East, Dade County, Florida, and being more particularly described as follows: For a Point of Beginning commence at the North line of said Section 10, also being the South line of Biscayne Street, at its intersection with the West line of Washington Avenue extended; thence along the West line of Washington Avenue extended bearing S 10046' 31" W, for a distance of 660.63 feet, more or less, to the Mean High Water (MHW) line of the Northerly shoreline of the "Government Cut" for the entrance channel of the Miami Harbour: thence S 650 35' 19" E, along said MHW line for a distance of 26.30 feet; thence leaving said MHW line, N 24025' 50" E for a distance 0015.32 feet; thence N 10046' 31" E, for a distance of 108.11 feet; thence N 650 35' 12" W, for a distance of 62.02 feet; thence N 10047' 35" E, for a distance of 246,97 feet to a point on the North line of Section 10, also being the South line of Biscayne Street; thence along said North line and South line S 870 38' 57" W, for a distance of 40.87 feet to the Point of Beginning. Containing 0.932 acres, more or less. T:IAGENDA\2004\Ju\2804\Regularl\67\ - DR! Ordinance on NOPC.rev07\ 604.DOC 7 CllY OF MIAMI BEACH COMVIISSION ITEM SUMMARY ~ Condensed Title: An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, adopting an amendment to the Portofino Development of Regional Impact (DRI) Development Order. as adopted by City of Miami Beach Ordinance No. 98-3121, pursuant to a Notification of Proposed Change (NOPC) Proposed By TRG-Alaska I, Ltd and TRG-Alaska III, LLC, to allow: (1) the filling and bulk heading of the existing boat basin on the Alaska Parcel; and (2) adding approximately 7,200 square feet of lands to the DRI; finding that these changes do not constitute a Substantial Deviation pursuant to Chapter 380 Florida Statutes; Providing for Transmittal, Repealer, Severability and an Effective Date. Issue: At the public hearing, the local government shall determine whether the proposed change requires further development-of-regional-impact review. Item Summary/Recommendation: If the City determines that the proposed change does not require further review and is otherwise approved, an amendment to the development order incorporating the approved change and conditions of approval relating to the change shall be issued. Adviso Board Recommendation: The Planning Board at its June 22, 2004 meeting made the following Motion: Summarize comments, create a model that shows massing of the concept plan and recommend approval of proposed settlement a reement. Unanimousl a roved 5-0. Financial Information: Source of Funds: D Finance Dept. Ci Clerk's Office Le islative Trackin Mercy Lamazares/Jorge G. Gomez T:\AGENDA\2004\JuI2804\Regular\1671 - DRI pblc hrg 7-28 sum.doc AGENDA ITEM RS' F DATE 7-;;J,<g-<Xj CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez ~1V"~' City Manager 0 Portofino DRI - Notice of Proposed Change Date: July 28, 2004 To: Subject: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE PORTOFINO DEVELOPMENT OF REGIONAL IMPACT (DRI) DEVELOPMENT ORDER, AS ADOPTED BY CITY OF MIAMI BEACH ORDINANCE NO. 98-3121, PURSUANT TO A NOTIFICATION OF PROPOSED CHANGE (NO PC) PROPOSED BY TRG-ALASKA I, L TO AND TRG-ALASKA III, LLC, TO ALLOW: (1) THE FILLING AND BULK HEADING OF THE EXISTING BOAT BASIN ON THE ALASKA PARCEL; AND (2) ADDING APPROXIMATELY 7,200 SQUARE FEET OF LANDS TO THE DRI; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER 380 FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND The applicants, TRG-Alaska I Ltd., and TRG-Alaska III, LLC, are requesting to amend the Portofino Development of Regional Impact (DRI) Development Order, as adopted by City of Miami Beach Ordinance No. 98-3121, as follows: . Fill and bulkhead existing slip (boat basin) located on the Alaska Parcel; and . Add approximately 7,200 square feet of lands purchased within y.. mile of the original DRI. Commission Memorandum July 28, 2004 Portofino DRI - NOPC Page 2 PROCEDURE Pursuant to Chapter 380.06(19)(f), Florida Statutes, the procedure to approve a Notice of Proposed Change (NOPC) to a previously approved DRI development order is as follows: . The developer submits copies simultaneously to the local government, the Regional Planning Council (RPC), and the Florida Department of Community Affairs (DCA) the request for approval of a proposed change. . No sooner than 30 days but no later than 45 days after submittal by the developer, the City shall give 15 days' notice and schedule a public hearing to consider the change that the developer asserts does not create a substantial deviation. This request was submitted on May 17, 2004 for review by the Planning Board. Notice of a public hearing before the Planning Board was published in the Neighbors Section of the Miami Herald on June 6, 2004. In addition to that publication, the notice of public hearing was mailed to properly owners within 375 feet of the subject locations on May 21, 2004 for the June 22, 2004 Planning Board public hearing. . The RPC or DCA will review the proposed NOPC and advise the City in writing whether it objects to the NOPC, and specify the reasons for its objection, if any. This notification has not been received as of the writing of this memorandum. . The public hearing must be held within 90 days after submittal of the NOPC, unless that time is extended by the developer. Most cities also have the Planning Board make a recommendation on the proposed amendment, although not statutorily required. The public hearing will be held within this time frame. . At the public hearing, the City must determine whether the proposed change requires further DRI review based upon the criteria for a substantial deviation. . If the City determines that the proposed change does not require further DRI review and is otherwise approved, the City shall issue an amendment to the development order (in the form of a resolution or ordinance) incorporating the approved change and conditions of approval. . The approved development order is then transmitted to DCA and once received, there is a 45-day appeal period during which only the owner, developer or DCA can appeal (see Sec. 380.07, F.S.) Commission Memorandum July 28, 2004 Portofino DRI- NOPC Page 3 ANALYSIS At the public hearing, the local government shall determine whether the proposed change requires further development-of-regional-impact review. In reviewing the criteria contained within Sec. 380.06(f)(19) F.S., the Administration believes that: . The proposed change to the previously approved development does not create a reasonable likelihood of additional regional impact review. . The proposed change to the development order is less than the criteria specified in Sec. 380.06, F.S. . The proposed change is not an extension of the date of buildout. . The proposed change is not resulting from requirements imposed by the Department of Environmental Protection or any water management district. . The proposed change increases the acreage in the development, and according to the criteria in the Florida Statutes, it is presumed that it will create a substantial deviation. This presumption may be rebutted by clear and convincing evidence. With regard to the request to add 7,200 square feet of newly acquired land to the original DRI, the Administration believes the additional square footage is innocuous; the two separate parcels, one in Block 51 and the other in Block 52, will fill a gap in the DRI area as they are flanked by DRI properties. With regard to the boat basin the applicant has already started the process by submitting applications to the regulatory agencies that would have to approve the project. The developers certainly have that option as owners of the land. Once the concept plan is approved, the settlement agreement signed and the proposed portion of the Alaska parcel inclusive of the boat basin is deeded to the City, it is proposed to have an RFP for the design of the entire area, including South Pointe Park. At that time a decision can be made for the use of the boat basin and whether it should be filled, redesigned or incorporated into the park in some other manner. The Planning Board, as the City's Land Planning Agency, reviewed the proposed ordinance on June 22, 2004 and provided the following comments to the City Commission relative to the Concept Plan and accompanying LDR amendments, recommending adoption of the ordinance. The Design Review Board also reviewed the proposed concept plan on June 15, 2004; their comments are included below. PLANNING BOARD ACTION The Board reviewed the items related to the Portofino-related settlement agreement on June 22, 2004 and had the following comments: Commission Memorandum July 28, 2004 Portofino DRI- NOPC Page 4 Summary of Board Comments: . Allowing upzoning with a trade of land is in the best interest of the City and mitigates the density increase in other places. . Concerned about the height of Block 1 as it creates an inconsistency with the rest of the neighborhood. The massing should be at Collins and South Pointe Drive and not distributed throughout the entire block. . Boat basin - filling or leaving as is needs to be looked at again when there is a cohesive plan for the park. . With respect to commercial uses, there is an anomaly at the base of Portofino Tower if nothing else happens. Some consideration should be given to placing a transitional element at the corner of South Pointe and Alton Road. . The pedestrian access to the waterfront through Murano should be enhanced to work more like a public access and not a private road. . There should be a transitional use between the pedestal and the park. Residential uses are preferred. Would like to see limited concessionary uses in the park. . Park uses should not be micromanaged. Important to realize the land trade; there should not be large scale commercial uses in the park. . When the park design and its programmatic uses have been developed, the plan should be brought back to the Planning Board for review. Points of consensus: . Importance of land swap to create bigger corridor next to basin. . Need to redistribute heights and FAR in Block 1 and deal with open court regulations. The open courtyards in concept plan do not enhance the design of structures. . City's use of development rights at the park's edge should be limited to civic uses and perhaps very limited concessions that are accessory to park uses (rest rooms, roller blade rental, water). . Need for some transitional element between pedestal and the park. Points of less unanimity: . Re-consider distribution of uses on Block 51, in particular uses on Commerce Street, massing and revisiting open court regulations. . Limited commercial uses along South Pointe Drive on Goodman/Hinson. Individual concerns: . Closing alley on Block 1. . Public access from Alton Road to the park. . Commercial development on Block 52. Commission Memorandum July 28, 2004 Portofino DRI - NOPC Page 5 Motion: Summarize comments, create a model that shows massing of the concept plan and recommend approval of proposed settlement agreement. Approved unanimously 5-0. DESIGN REVIEW BOARD COMMENTS The following is a summary of the comments given by the Design Review Board at the June 15, 2004 meeting regarding the South Pointe Concept Master Plan. Reqardinq the City's portion of the Alaska Parcel: . All members were strongly opposed to filling in the Boat Basin. . The Boat Basin is a valuable amenity. . There was a strong consensus against commercial development. . Available space should be used for a park and green space amenities. Reqardinq the developer's portion: . Residential uses are preferred, with the exception of an accessory restaurant. . The placement of residential uses on the south side of the parking structure on the Alaska Parcel facing the park is not desirable. . Architectural development of the parking garage elevations is the preferred method to screen the parking on the Alaska Parcel. . The safety of the public must be addressed regarding the dead end alley which will be created on Block 1. . The vehicular bridge connection created on Block 51 is not desirable. Summary of Collaborative Plannina Process Comments relative to Concept Plan: As provided for in the term sheet approved by the parties on February 25, 2004, and finalized on March 8, 2004, the Concept Plan was to be developed in coordination and collaboration with Neighborhood Representatives. Meetings were held with the Developer and Neighborhood Representatives on March 31, April 7, May 20, and June 14,22 and 28, 2004 in addition to public review at the Design Review Board on June 15,2004 and at the Planning Board on June 22, 2004. An additional meeting was held by the Neighborhood Representatives and the Developer on July 12, 2004. The DRB and Planning Board recommendations listed above were not adopted as formal amendments to the Land Development Regulations. The City Commission should discuss and consider the recommendations provided by both Boards. If further changes to the Concept Plan are desired, the corresponding policy direction will need to be reflected in the proposed Land Development Regulations before 2nd reading. In summary, the Concept Plan reflects the following: Commission Memorandum July 28, 2004 Portofino DRI- NOPC Page 6 Goodman/Hinson/Alaska: A rounded footprint of the tower and pedestal to be constructed on Goodman/Hinson/Alaska, that allows for an expanded setback of 70 feet from and retention of the boat basin. At the July 7, 2004 meeting, the Commission addressed the two options described below and approved b), which was described during the meeting as Option #2: a) the Developer retains the 9,500 square feet .:t on the Alaska parcel as permitted marine recreational use to be located at the south side of the tower's parking pedestal, deeding the originally contemplated 80,450 sf of the Alaska parcel to the City, or b) implement the preferred neighborhood option which is to re-allocate the 9,500 square feet of FAR on Alaska to be included in the developable FAR within the tower to be constructed on Goodman/Hinson as residential use, (resulting in an increase width of 3 ft on each side of the building) Le. increasing the permitted FAR from 296,000 square feet to 305,500 square feet, without any increase in the height of the proposed building, and thereby eliminating the 9,500 square feet of potential commercial use by the Developer within the Alaska parcel. In this scenario, the Developer would then increase its contribution of land to the City by an additional 7,100 square feet for a total of approximately 87,550 square feet of land to be deeded to the City. With this option, the City still retains its development rights for approximately 28,000 square feet of FAR within Alaska; such uses to be determined as part of the planning process for the design and development of South Pointe Park. Block 1. 51 & 52: The DRB and Planning Board also commented on massing concerns on Block 1 and Block 51 and they discussed the activation of the ground floor (or facades) facing Commerce Street on Block 51 and Collins Avenue on Block 1. The neighborhood sentiment is to limit any further commercialization of the area. At the July 12, 2004 meeting of the Neighborhood Representatives participating in the Collaborative process, provided the following comments: . Commercial uses on the ground floor of Block 1 and 51. The stated preference of the residents participating in the Collaborative process was not to have any retail uses on the ground floor by a very slight majority (7-6). . A secondary position was to allow commercial uses in the following areas - Block 1 , facing South Pointe Drive; Block 51, from Washington Avenue up to the residential entrance (approximately half-way to Alton Road). Commission Memorandum July 28, 2004 Portofino DRI - NOPC Page 7 . Height on Block 1 - it was unanimously preferred to maintain the maximum height at 75 feet. Again, the City Commission should consider any further changes to the Concept Plan and the corresponding policy direction that should be reflected in the proposed Land Development Regulation amendments before 2nd reading. CITY COMMISSION ACTION At the July 7, 2004 meeting, the City Commission set the public hearing for this item during the Consent Agenda. CONCLUSION Pursuant to Section 380.06(19)(f)3., the City of Miami Beach shall give 15 days' notice and schedule a public hearing to consider the change that the developer asserts does not create a substantial deviation. This public hearing shall be held within 90 days after submittal of the proposed changes, unless that time is extended by the developer. If the City determines that the proposed change does not require further review and is otherwise approved, an amendment to the development order incorporating the approved change and conditions of approval relating to the change shall be issued. Copies of such orders shall be transmitted to the DCA, the RPC, and the owner or developer of the property affected by such order. JMG/C~7JGG/ML T:\AGENDA\2004\JuI2804\Regular\1671 - DRI pblc hrg 7-28.doc 2i1 ,~ ::J , o Z ::J <11 cm OF MIAMI BEAC,", ""'- NanCE OF AMENDMENTS TO ltIE DEVELOPMENT ORDER ~ FOR ltIE pORlQANO DEVaOPMENT OF REGiONAl IMPACT - . r'PORlOANO DRI") NanCE OF P\iBUC HEARING THE CITY DF MIAW BEACH CITY COMMISSION will hold a public hearing on .;,i.ONESDAY, July 2B, 2004 at 5:15 p.M. in the Ci\'j Commission Chambers,lhird Floor. Ci\'j Hall, 170D Convention Center Drive, Miami Beach, Florida 33139, or as SDon therealter as this matter can be heard lor the purpose DI adopting: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF TIlE CITY OF MIAMI BEACH, FLORIDA, ADOPTING AN AMENDMENT TO THE pORTOFINO DEVELOPMENT QF REGIONAL IMPACT (DRII DEVELOPMENT ORDER, AS ADDPTED BY CITY OF MIAMI BEACH QRDlNANCE NO. 98-3121, PURSUANT TO A NOTIFICATION OF PROPOSED CHANGE (NOPC) PROPOSED BY TRG-AUlSKA I, LTD AND TRG-AUlSKA \II, LLC, TO ALLOW: (1) THE FILUNG AND BULKHEADlNG OF TIlE EXISTING BOAT BASIN ON TIlE ALASKA PARCEL; AND (2) ADDING APPROXIMATELY 7,200 SOU ARE FEET OF LANOS TO THE DRI; FINDING THAT THESE CHANGES DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION PURSUANT TO CHAPTER 380 flORIDA STATUTES; PROVIDING FOR TRANSMITTAl, REPEALER, SEVERABIUTY AND AN EFFECTIVE DATE. rsuant to Section 286.0105, Fla. Stat.. the Ci\'j herebv advises the public that: if a person decides to appeal anv decision made bV the Ci\'j commission with respect to \ 1nv matter considered at its meeting Dr its hearing, such person must ensure that a ;erbatim record DI the proceedings is made, which record inciudes the testimOnV and eVidence upon which the appeal is to be based. lhis notice does not cDnstitute consent bV the Ci\'j lor the introduction or admission 01 DthecwiSe inadmissible or I irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed bV law. i:;quirieS mav be directed to the Planning Department at (305) 673-7550. Copies 01 '\ this Drdinance are availabie lor public inspection during normal business hDurs In the Pianning Department, 1700 Convention Center Drive, 2nd Floor, Ci\'j Hail, Miami " Beach, Florida 33139.1his meeting mav be cDntinued and under such Circumstances' \ additional iegai nDtice wouid not be provided. 10 request this material in accessibie larmat, sign language interpreters, inlormation on access lor personS with disabilities, and/or anv accommodation to review anv ocument or participate in anv ci\V-sponsored proceeding, please conti::' 105) 604-2489 (voice). (3051 673-721B(TrYi five davs in advance to initiatt vuc'! .equest. TN users mav also call 711 (Fiorida Relav Service). Ad #275 o <i a: L1J I ~' i'- '" m .c " ~ ?