Portofino DRI - Transmittal ltr
(lSF
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER
August 9, 2004
TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
VIA DHL
Mr. Ray Eubanks
Florida Department of Community Affairs
Division of Community Planning
Plan Processing Team
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Re: Portofino DR!- Rendering of Notice of Proposed Change (NOPe) to the Previously
Approved Development of Regional Impact Development Order, Miami Beach,
Florida
Dear Mr. Eubanks:
Pursuant to Rule 9J-2.025, F.A.C., please accept the enclosed executed copy of Ordinance No.
2004-3456, which was unanimously approved by the Miami Beach City Commission on July 28,
2004. Ordinance No. 2004-3456 approves a proposed change to the previously approved
Development of Regional Impact Development Order commonly known as the Portofino DR!.
Copies of the supporting documentation and analysis provided to the City of Miami Beach
Planning Board and City Commission, together with the applicable public hearing notices for
this Ordinance are also enclosed.
Should you have any questions regarding these transmittal materials, please contact:
Jorge G. Gomez
Planning Director
City of Miami Beach
1700 Convention Center Drive, 2nd Floor
Miami Beach, Florida 33139
(305) 673-7550 (telephone)
(305) 673-7559 (fax)
Thank you for your attention to this matter.
Sincerely,
. ~'''X ~_...,
~rge M Gonzalez
City Manager
Enclosures
cc: Carolyn Dekle, South Florida Regional Planning Council (via DHL)
Clifford A. Schulman, Esq., Greenberg Traurig (via hand delivery)
Catherine Colonnese, TRG-Alaska I, Ltd. (via hand delivery)
Carol McGuire, Florida Department of Transportation, District VI (via DHL)
Tim Gray, Florida Department of Environmental Protection (via DHL)
Lee Hefty, Miami-Dade County Department of Environmental Protection (via DHL)
Ron Peekstock, South Florida Water Management District (via DHL)
Ivan Rodriguez, Miami-Dade County School Board (via DHL)
ORDINANCE NO. 2004-3456
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, ADOPTING AN AMENDMENT TO
THE PORTOFlNO 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, L TD
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
of lands 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 @Pordancewith the City of Miami Beach Comprehensive Plan; and
WHEREAS, approval of the following amendments to the Portofino 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 of the 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 a-ltemation or maintenance, exohlamg work related to tho
proposed Baywalk, of the €misting slip loeatea on the f.laska Pareel,
heremafter referred to as the "slij3," shall Be peHBitted w-ithOlit the
..^~pplieant ha'/ing Siibmitted, at least ferty Rve (15) eays prier te the
filing of any applications fer the reEJHisite eB-YirellH'leata-l permits for
sHeR aetioB, a Notiee of Preposee Change to a pre'",ioHsly approved
DRI, te the Depanm.em of Comm:t:mity Affairs, the Soath Plerida
Regional PIlHming COWleil and the City. Said Notiee sha-ll camply
with the provisioBS of Seotian 3&0.O€i(19), Plorida Stam-tes and sha-ll
molaae a flOIlY of the prop6sed permit BflplioatioB, a-lOBg with all
sUfllloHing aata. For the 1ll:ll"f.l6ses of tms oOBaition, the filliB!; of the
slip shall be presamea to oOflstitate a sabstantial ae'/latieR and the
.A~pplieant shall bear the B1:H'dea. ef reblittin!;, "lith elear ana eOB-vmemg
eyiaence, that SHOll. proposed ehaage eees Bot eORstitate a sabstantial
de'/iatien. 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 compliance with
this oOBditioR and oBly 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 e
380.07, Florida Statutes, effectiveness shall be del ed
inan e 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:
~'S'~/
r CTIY CLERK 4-
VERIFIED
~.J..?${. 7;J,/-Y-
PLANNING DIRECTOR DATE
,2004.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~
&..."{- 0 r
DATE
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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 A venue 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 SUBDNISION, 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 SUBDNISION, 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 SUBDNISION, 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 of X-784,440.39 and Y-521,912.47. Said monument also lies approximately South
24 degrees 27'26" West a distance of 592.30 feet South of and North 65 degrees 36' 16" East of a
distance of 554.97 feet West of the northeast comer of the northwest l/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 Souther~ 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, of the Public Records of Miami-Dade County, Florida.
BISCAYNE 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 corner 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 of 7.50 feet; thence N 770 13' 28" E, for a distance of 60.00 feet; thence N 120 46' 09"
W, for a distance of 7.50 feet to a point on the Southwest corner 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 77013' 28" E, for a distance of 60.00 feet to a point on the Southeast
corner of Lot 11, 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 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 corner 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 corner 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 corner 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 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 corner 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 7713' 28" E, for a distance 000.00 feet; thence N 12046' 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 corner 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 of the 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, of the 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 corner 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
corner 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 12046' 09" W, for a distance of 10.00 feet
to a point on the Southerly lot line oflot 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
111. 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 A venue extended;
thence along the West line of Washington Avenue extended bearing S 100 46' 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
240 25' 50" E for a distance of 315 .32 feet; thence N 100 46' 31" E, for a distance of 108.11 feet;
thence N 650 35' 12" W, for a distance of 62.02 feet; thence N 100 47' 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.
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7
1"
CIlY OF MIAMI BEACII ~
., NOTICE OF AMENDMENTS TO lIIE DEVaOPMENT ORDER ~'
9 FOR TIlE PORTORNO DEVB.OPMENT OF REGIONAL IMPACT -- :
_ l"POI\TOfINO DRI")
~ ..~" NOT\CEOFP\lBUCKEARING
.., . TilE erN Of MIRMI BEACH CITY COMMISSION will hOld a publiC hearing on
~. ,;,~ONESDAY, JulY 28, 2004 at 5:15 P.M. in lhe City commission ChamberS. Third
c \ Floor, City Hall, 1700 convention Center Drive, Miami Beach. Florida 33139, or as
5 \ soon lherealter as lhis matter can be heard for the purpose of adopting:
<Jl, AM ORDINANCE Of 'THE MAYOR AND CITY COMMISSION Of 'THE CITY Of
MIAMI BEACH, FlORIDA. ADOPTING AN AMENDMENT TO 'THE pORTOflNO
DEVELOPMENT Of REGIONAL IMPACT (DRll DEVELOPMENT ORDER, AS
AOOPTED BY CITY Of MIAMI BEACH ORDINANCE NO. 98-3121, pUi\sUANT TO
A NOTIfICATION Of PROPOSED CHAIIGE (NOPe) PROPOSED BY TAG-AlASKA
I, LTD AND TRG-AlASKA \II, LLC, TO ALLOW: (1) 'THE flWNG AND
BULKllEADING 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 00 NOT coNST\TIITE A SUBSTANTIAL
", DEVIATION PURSUAllT TO cHAPTER 380 flORIDA STATUTES; PROVIDING fOR
) TRANSMITTAl. REPEAlER, SEvERABILITY AND AM effECTIVE DATE.
.. " fsuant to Sectlon 2B6.0105, fla. stat. the City hereby advises the publiC that: if a
:;; person decides to appeal any decision made by the City commission with respect to \'
~ any matter considered at Its meeting or its hearing, such person must ensure that a
;: ":erbalim record of the proceedIngs Is made. which record Includes the testimony and
;; evidence upon which the appeal Is to be based. This notice does not constitute
;; c.onsent by the City for the Introduction or admission of otherwise Inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise '
,', allowed by law.
"
I :;,quiries may be directed to the Planning Department at (305)673-7550. Copies of
\ this ordinance are available for publiC inspectlon during normal business hours in the :
Planning Department. 1700 convenlion Center Drive, 2nd Floor, City Hall, Miami' \
Beach, florida 33139. This meeting may be continued and under such circumslances
additional legal notice would not be provided.
To request this material in accessible format, sign language interpreters, information
on access for persons with dlsabllilies, and/or any accommodation to review any
ocument or participate in any city-sponsored proceeding. please c~ntf,:','
\05) 604,2489 (Voice), (305) 673-7218(TT'Il five days...in advance to initiate yuW
, 'equest. TTY users may also call 711 (Florida Relay Service), Ad (,Zi5
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CllY OF MIAMI BEACH
COMVIISSION ITEM SUMMARY
lQ
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, LId and TRG-A1aska Ill, 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:
~J~ii,r-Q~~C!~
D
Finance Dept.
Ci Clerk's Office Le islat/ve 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-d.~ -oc;
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
WNW.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~rvv~
City Manager 0
Portofino DRI - Notice of Proposed Change
Date: July 28, 2004
From:
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 (NOPC)
PROPOSED BY TRG-ALASKA I, L TD 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 "l4 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 property 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 cnange 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
Porlofino 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
Poriofino 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 Citv'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 Planninq 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?, 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 ORB 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
Good man/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.:!: 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 ofthe 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 ORB 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- NOpe
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 atter
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/CM6JGG/ML
T:\AGENDA\2004\JuI2804\Regulai\1671 - DRI pblc hrg 7,28.doc
CITY OF MIAMI BEACH '. ~
NOnCE OF AMEMlMENJS TO THE DEVEI.DPrtINT lRIR L.W
fOR lIE PlIITllFIIl DEVELOPMENT OF REGlM.IBCt ~
("I'CIIl'rfNJ DRI")
::i .' rm:E OF PUIlIC IfARING
::J'
-. THE CITY Of MlAlilIEAClfCITYCOIIMISSIOI, will holds public hearlng on
, ,'c,.",.ONESlIAY"JuIr,28,.2OlM-Itfi:1&'Il"-ln-II1t'CfIy-Commlssion atambn, Thin!
011 Floor. City HII.I. 171111 ClInvenlIon Center Drive. . MiaJilIIIeac:h. florida 33139. or as
3 soon 1I1enaft8r as tills matter can be heard fOr the purpose of adop1lng:
'Il. AN lIRIIINAICCE IF TII! MAYOR AIID CITY ~ Of TIE CITY OF
MlAMlIEACII, R.OIIIDA, ADOPTlIl& M ~TO.lIfE I'IIRTDfINO
o DEVELII'MENf OF fID"llW.. IMPACT CDRO IIEVEUI'IIEfI1' lIIIIIEJI, AS
<1. ADOPIED BY 1m IF IllAllIEACIf 0IlIlINAIICE ND.1W1Z1. NIIIWfI' TO
a: A NOrR:ATICIII OF PIIOPlISED CIM& (NCI'Q PIIOPOlIED IY 111 ALASKA
~ I. lTD AND lRI ALASIlA m. uc. TO AUlIW: n~ FILLIIII8 AND
w IlllUCllEADING OF 11IE EllISIlIG 8IlAT BASIN IIN TIll! j PAIICEL: AIID
2: (2) AIlIIING APPIIOlOMATEIJ 7,211l1 SQUME FEET OF lANDS TO TIll! DRI;
~MDIlIG THAT THBE CIWIGB DO NlJI' COISTI'I1l1E A lUSTAII1lAl.
DEVIATION ....wtT TO CIIAP1BI_ FLlIIlIIll STAMIBl PIICMIIING FOR
. TRAIllIMITTAL, IlEPEALER,SEVERAaIlY AND AN EA'EC'IM DAlE.
'l , rsuant 10 Section 288.0105. As. Slat, the CfIy hereby advises the public that If a
~ ,;<rson decIdas to appeal any decision made by 1he City QJmml88lon wllh rnpecIto
.c lOY matter consIdenld at lis meeIIng or lis haarlng,.sucIl PftOII mUll ansura that a
:i 'i~rbatim record of 1he proceedings Is made. which record includes the teslimony and
~ e\lidenca upon which 1he appeal Is 10 be basad. This notk:8 does not constltu1s
Lonsent by the CfIy lor the lnIroducllon or admlalon of oIl18lWlse InIdmlsstbfe or
irrelevant evtdence, nor does It autIIorize cI1aIlanges or appeals not o1herwlse '
'0' 'allowad'by-Iaw. .----c--'...'..'.- ,.
I ;. ;qulrtes may be d1rec111d to the Planning Departmant at (305)673-7550. Copies of
Ilhla ordinance are mlIable for pubftc Inspection during normal buslnass houIs in the ,
Planning Dellartment 1700 ConventiGn Canter 0rIvti, 2nd Floor. CfIy Hall. Miami '
Beach. FlorIda 33139. This meeting may be conIInued and under such clrcumstances
addlllonallegal nolica would not be provided.
To requllSt this matarfal In accessible format. sign language Interpraters.lnlormation
on. access lor persons with disabilities, anlllor any accommodallon 10 review any
ocumentor particlpate Ir.any city-sponsored proceeding. please cant'.,! '
lO5) 804-2489 (volcel.(305!673-7218(TlY) live days in advance 10 initiatE YO~I
, ',Jquest. m users may also call 711 (Ronda Relay Service). Ad #U~
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Torn between a Caribbean cruise
and r~ver rafting?
Find Travel Solutions in _Sundays Herald.
CITY OF MIAMI BEACH
PLANNING BOARD
- NOTICE TO THE PUBLIC
PUBLIC NOTICE IS HEREBY GIVEN that the Miami Beach Planning Board will hold a meeting on TUESDAY, June 22, 200Jl in the City
Commission Chambers, third Floor of City Hall, located al1700 Convention Center Drive, Miami Beach, Florida. During this meeting,
the Planning Board will hold discussions and public hearings on the following matters, nol necessarily in the same order as listed
below:
1:30 - Discussion 01 Planning Issues
1. Planning Board by-laws - adoptlon 01 proposed amendments.
2. Presentation and discussion of a draft ordinance relalive to Single Family Oemollllon.
3. Discussion only: An Ordinance pertaining to demolitlon procedures for no"'deslgnated mUlli,family and c9mmerclal properties,
4. , Discussion regarding an amendment to the City Code Increasing the Minimum unit size for new construclion ,'Referred by the City
Commission
5. Discussion of Issues relative to nlghtllfe/residentlal conflicts.
PDRlOFINO SETTLEMENT-RELATED ITfMS: TIME CERTAIN AT 3:00 P.M.
1. Review 01 Proposed Concept Plan. Relerred to the Planning Board by the City Commission on May 26, 2004.
2, Fite No. 1667. FlUM Amendment. The eppllcant, TRG'Alaska I Ltd., Is requesting to amend the Future Land Use Map Of Ihe
Comprehensive Plan of the City of Miami Beach by changing the Future Land Use Oeslgnatlon lor the following parcels: 1) a portion of a parcel of
land more commonty known as the 'Federal Triangle," of approximately 4,178 square leet, from the current ROS, "Recreation and Open Space," to
the Future Land Use Category MR, "Marine Recreallon;"and 2) a Clty'owned parcel of land fronling on Blscayne Bay, 01 approximetely 4,600
square feet, being the west 50 feet of Block 8, South Beach Park Subdivision (a/kIa Hinson Parcel) from the current CPS'3, "Commercial Intensive
Mixed-Use,' to the Future Land Use Category ROS, 'Recreation and Open Space.
3. File No. 1668. Zoning Map Change. The applicants, TRG.AlaSka I Ltd., and TRG,AlaSka III, LLC., are requesting to amend the Official
Zoning District Map, referenced In Section 142,72 of the Code of the City or Miami Beach, Florida, by changing the Zoning District Classification for
the following parcels: 1) a portion of a parcel of land, approximately 4,178 square feet, more commonly known as 'Federal Triangle," from the
current GU, "Government Use," to the proposed Zoning Classlttcatlon MR, 'Marine Recreation:' and 2) a portion of Lot 18 and the 10-foot walk
adlacent thereto, and a portion of Lots 29 and 30 and the 10,foot walk adjacent thereto, Block 51 of the Plat of OCEAN BEACH FlA ADDITION NO.
3, from GU, "Government Use,' to CPS'I, "Commercial Um~ed Mixed.Use,'
4. File No. 1869. Comprehensive Plan lext Amendments. The applicant. TRG.A1aska I, Ltd. Is requestlng to amend the text of the MR,
. 'Marine Recreation,' Land Use Element by Including among other permitted uses: parks, bay walks, residential, and required parking for adjacent
properties not separated by road or alley, prohibiting other certain uses and to prlivlde that In no case shall1he Intensity exceed the current ftoor
area ratio (FAR) of 0.25, except that required parking for adjacent properties not separated by road or alley shall not be Included In permrned noor
area.
5. File No. 1670. Amendments 10 the land Development RegulaUons. An Ordinance of the Mayor and City Commission of the City of
Miami Beach, Florida, amending the Code of the City of Miami Beach, by amending Chapter 142. "Zoning Districts and Regulations," Article II,
"District Regulations; Division 12, "MR,Martne Recreation Olstrlct;provldlng for addlllonal main permitted uses, and prohlbll other certatn uses,
and exclusion from calculatlon of floor area for required parking from certain edJacent properties: and Division 18, 'PS Performance Standard
District, 'modifying height, number of stories, setbacl<s, floor area ratlos and allowing required parking In the CPS-l and CPS,3 Zoning Districts for
defined properties, clarifying how such required parking relates to far and Is allowed through Covenants In Ueu 01 Unity of Title; Providing for
Repealer, Severability, CodWlcatlon and an Effective Date.
6. File No. 1671. Portollno DRI. Noll1:e 01 Proposed Change. The applicants, TRG,Alaskal LId., and TRG,A1aska ill, LLC. are requesting to
amend the Portoflno Development of Regional Impact (DRQ Development Order, as allopted by City 0/ Miami Beach Ordinance No. 98,3121, by 1)
filling and bulkheading the existing boat basin on lhe Alaska Parcel and 2) adding approximately 7,200 square leet of lands to the ORI.
REGULAR AGENDA" 4'00 P.M
NORTH BEACH
63rd St.
flyover "
be torn
l1li The state will proceed
with plans to demolish the
63rd Street flyover despite
, a Beach commissioner's
last-minute proposal to
save It.
BY CAROLINA ZAMORA
czamora@herald.com
The Florida Department 0
Transportation will mov
ahead with its plans to remov
the 63rd Street flyover il
North Beach despite a last
minute effort by Miami Bead
Commissioner Richard Stein
berg to keep the flyover intac'
Steinberg, who has previ
ously supported tearing dowl
the flyover - while on th
city's Transportation Boar,
and as a member of the Nortl
Beach Development Coq
Board - said ,he changed hi
mind after discovering man'
"inconsistencies" with tho
DOT's study.
"The impacts of th,
removal of the f1yover woul,
,be 50 horrific that N ortl
Beach and everything that ha
been done to revitalize it wi]
be thrown out the window,
Steinberg said at the May 2.
City Commission meetin~
CITY OF MIAMI BEACH
PLANNING BOARD
Staff Report & Recommendation
lQ
To:
Chairperson and Members
Planning Board
Jorge G. Gomez, AICP,~..
Planning Director '12 j
Date: June 22, 2004
From:
Subject:
File No. 1671. Portofino DRI - Notice of Proposed Change.
The applicants, TRG-Alaska f Ltd., and TRG-Alaska III, LLC., are requesting to amend the
Portofino Development 0 f Regional Impact (DRf) Development 0 rder, a s adopted by City of
Miami Beach Ordinance No. 98-3121, by 1) filling and bulkheading the existing boat basin on
the Alaska Parcel and 2) adding approximately 7,200 square feet of lands to the DR!.
BACKGROUND
The Alternative Portofino DRI Development Order was approved by the City Commission on
April 15, 1998, Ordinance No. 98-3121. At this time, the request to amend the DRI includes two
changes:
· 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
DR!.
ANALYSIS
Pursuant to chapter 380.06(19)(f), Florida Statues, the procedure for approve a Notice of
Proposed Change (NO PC) 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 to 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.
· The RPC or DCA will review the proposed NOPC and advise the City in writing whether
it objects to the NOPV, and specify the reasons for its objection, if any.
· This 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.
· At the public hearing, the City must determine whether the proposed change requires
further DRf review based upon the criteria for a substantial deviation.
.
.
Planning Board
File No. 1669 - MR Text Amendment
June 22, 2004
Page 2
. 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 and appeal (see
sec. 380.07, F.S.)
With regard to the request to add 7,200 square feet of newly acquired land to the original DRI,
staff 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, the plan is 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.
ST AFFRECOMMENDA TION
In view of the foregoing analysis, staff recommends that Planning Board recommend approval
of the proposed changes to the DRI as submitted.
JGG/ML
c: Gary Held, First Assistant City Attorney
F:\PLAN\$PLBI2004\PB06 2004\Portofino items\1671 - Portofino DRI rpt.doc