97-22551 RESO
RESOLUTION NO. 97-22551
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING PURSUANT
TO SECTION 380.06(11), FLORIDA STATUTES, TO CONSIDER ADOPTING
AN ORDINANCE APPROVING THE ALTERNATIVE PORTOFINO DRI
WHICH IS UNDERGOING A DEVELOPMENT OF REGIONAL IMPACT
REVIEW TO ADOPT A DEVELOPMENT ORDER AUTHORIZING THE
AL TERNA TIVE PORTO FINO DRI AS A SUBSTANTIAL DEVIATION TO THE
AMENDED MIAMI BEACH MARINA DR!, PROVIDING FOR A REPEALER
AND AN EFFECTIVE DATE.
WHEREAS, the Porto fino Entities filed an Alternative DRI in August 1997; and
WHEREAS, on October 1, 1997 the South Florida Regional Planning Council transmitted
a letter to the City of Miami Beach stating that the Miami Beach City Commission may set a public
hearing to consider the Alternative Portofino DRI; and
WHEREAS, the proposed amendments to the Miami Beach Marina DRI will establish a
development order for the properties owned by the City of Miami Beach and the Miami Beach
Redevelopment Agency, and
WHEREAS, Section 380.06(11), Florida Statutes, requires that a public hearing date be
scheduled by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the public hearing to
consider an ordinance approving the Alternative Portofino DRI which is undergoing a development
of regional impact review to adopt a development order authorizing the Porto fino DRI as a
substantial deviation to the Miami Beach Marina DRI, shall be called to be held before the City
Commission in its chambers on the third floor of City Hall, 1700 Convention Center Drive, Miami,
Beach, Florida on December 17, 1997 beginning at 5:01 p.m.; and the City Clerk is hereby
authorized and directed to publish appropriate Public Notice of the public hearing, at which time and
place all interested parties will be heard.
October
PASSED and ADOPTED this 8th
,1997.
ATTEST:
~tP~
CITY CLERK
APPROVED pS TO
fORM & LANGUAGE
& FOR EXECUTION
A:\PORTFINO,RES
~-f~
hl",/47
Dote
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
-<1";..;......
COMMISSION MEMORANDUM NO.
L,t.6 -9J
TO:
Mayor Seymour Gelber and
Members of the City Commission
Jose Garcia-Pedrosa ~
City Manager
RESOLUTIONS CA ING PUBLIC HEARINGS FOR DECEMBER 17, 1997, at 5:01 p.m.
PURSUANT TO SECTION 380.06(11), FLORIDA STATUTES, FOR THE PROPOSED
ALTERNATIVE PORTOFINO DEVELOPMENT OF REGIONAL IMPACT ("DRI") AND
AMENDED MIAMI BEACH MARINA DRI.
DATE: October 8,1997
FROM:
SUBJECT:
RECOMMENDA TION
Approve the Resolutions.
BACKGROUND
On June 20, 1997, the Portofino Entities advised the City of Miami Beach that the 1995
Development Agreement was terminated, since the required "final approvals" were not obtained.
The 1995 Development Agreement contained the following provisions in the event final approval
.were not obtained:
Section 5.3(f) Treatment of SSDI North if Final Approvals Not Obtained. In the event this
Agreement is terminated by West Side and East Coastline because the required Final
Approvals are not timely obtained, then, in addition to the Initial Closing and Second
Closing, which shall be consummated under this Agreement notwithstanding the
failure to obtain the Final Approvals, and anything else herein to the contrary
notwithstanding:
(vii) The City and Redevelopment Agency shall cooperate with any necessary
DR! modifications to conform with West Side's development rights under the
existing Development Agreement as modified hereby.
The Portofino Entities are requesting that the City Commission adopt Resolutions calling public
hearings to review the Proposed Alternative Portofino DR! and the Amended Miami Beach Marina
DR! pursuant to Section 380.06(11), Florida Statutes.
AGENDA ITEM
~1.I
DATE ~ o-crs-91-
-:-....
The Alternative Porto fino DR! and Amended Miami Beach Marina DR! are intended to be processed
pursuant to Section 380.06, Florida Statutes; however, the Portofino Entities have not withdrawn
consideration of the Original Amended DR! which has been deferred until December 17, 1997 and
January 21, 1998. At the time the Original Amended DR! and the Alternative DR! are brought
before the City Commission for final approval, the Porto fino Entities must choose which DR! to
pursue at such hearings.
ANALYSIS
Section 380.06(11), Florida Statutes, requires that upon notice from the regional planning agency
(in this instance, the South Florida Regional Planning Council), the City Commission at the next
scheduled meeting, set for public hearing the review of such DR! approvals. The hearing must be
advertised at least 60 days in advance of the hearing and no later than 90 days after issuance of the
notice by the regional planning agency that a public hearing may be set.
On October 1, 1997, the South Florida Regional Planning Council transmitted a letter to Mayor
Gelber stating that the Miami Beach City Commission shall set a public hearing to consider the
alternative Portofino DR! in accordance with state law. Section 380.06(11), Florida Statutes, also
requires that the notice of public hearing be transmitted to the Florida Department of Community
Affairs and the South Florida Regional Planning Council, along with a copy of the advertised notice.
CONCLUSION
The Administration recommends that the City Commission approve the Resolutions setting the
public hearings for review of the proposed Alternative Porto fino Proposed DR! and the Amended
Miami Beach Marina DR! for December 17, 1997, at 5:01 p.m. in compliance with applicable state
law.
~\Pck~EM
2