030A-2001 LTC
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CITY OF MIAMI BEACH
~ HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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L.T.C. No.~-rlnO\
LETTER TO COMMISSION
February 13,'ZOOl
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROM:
Jorge M. Gonzalez
City Manager
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SUBJECT: NON-SUBSTANTIVE MODIFICATION OF 1998 CONCEPT PLAN FOR
SSDI NORTH
On April 15, 1998, the City of Miami BeachlRDA approved a Settlement Agreement to resolve
pending litigation regarding the ssm North and South parcels located on Alton Road in the South
Pointe Redevelopment Area. Pursuant to this Agreement, the 1986 zoning requirements are the
regulating controls for the sites. On September 23, 1998, the City Commission adopted an
amendment to the Concept Plan of the Development Agreement, by and among the City, the Miami
Beach Redevelopment Agency and South Shore Developers, Inc. (such amendment being hereinafter
refettedto"ils the "1998 Concept Plan") for the ssm North and ssm South properties. The 1998
Concept Plan is a generalized site plan indicating the footprint, siting and orientation of the proposed
structures on ssm North and ssm South, including the view corridors through the sites.
With respect to the ssm North site, the 1998 Concept Plan indicates that the two tower scheme
would have a maximum FAR of 3.5 plus 160,404 square feet of transferred development rights. This
represents a total of 1,240,812 square feet of total development. The overall height of the north
building is shown at 423'-4" and the south building has a height of 372'. It should be noted that the
1998 Concept Plan contains a scriveners' error in the height ofthe south tower. Two dimensions are
shown, one is the overall height of the structure, the other is individual numbers for each element
ofthe structure. The Planning Department has determined that the overall height of the structure is
the sum of the individual elements which total a height of 372'. The 1998 Concept Plan also contains
a sheet (page A-I 0) which indicates levels for the various sections of the stepped tower. In particular,
the south building is shown to have a total of 34 stories.
In the past few months, preliminary plans were submitted for Design Review Board approval that
show, while the overall height ofthe south building remains at 372 feet, the structure has a total of
36 levels. Therefore, staff has reviewed the plans to determine their conformance with the 1998
Concept Plan, as required. It has been determined that the overall height of the south building is not
increasing, only the number of levels have changed. This increase in the number of levels will not
increase the approved FAR for the site. The general siting and orientation of the proposed towers
also remain consistent with the Concept Plan. Therefore, while the change in levels does not result
in an increase in density or intensity, the change in number oflevels is a factual modification to the
original Exhibit/Sheet A-lO ofthe approved Concept Plan.
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Modifications of Concept Plan for SSDI North
February 9, 2001
. Page 2
Additionally, there are other modifications which staff believes improve the urban context of the
proposed development. The pedestal height is reduced and more importantly its mass is ,\lso
significantly diminished. This creates the opportunity to enhance the public spaces within the site
and the "urban edges" of the structure.
Since the term "substantial modification" is not defined in the Settlement Agreement, the
Administration and the City Attorney's Office reviewed the 1998 Concept Plan and the foolnote
contained therein that states:
"This 1998 Concept Plan constitutes a generalized conceptual plan indicating the siting and
orientation of certain proposed structures on the SSD1 North and SSD1 South parcels, pursuant to the
terms of the 1998 Settlement Agreement between Portofmo and the City. The Concept Plan is not
intended to constitute a detailed approval of the structures shown thereon. Nor is it intended to
approve any particular use of the property or structures. Design details shall be addressed in
subsequent submittals to D.R.B. as to the matters within their criteria for review. Substantial
modifications to the Concept Plan, as determined by staff, shall be reviewed and approved by the City
Commission. Once the 1998 Concept Plan has been approved by the City (the "Approved Concept
Plan"), then all subsequent action taken by the City in connection with any other requested
development approvals regarding SSD1 North and SSD1 South must be consistent with the Approved
Concept Plan and this notation. And the City shall not, directly or indirectly, deny approval of
individual site plans arising therefrom based upon any alleged or perceived density or intensity
criteria as long as the 1998 Concept Plan, individual site plans arising tberefrom or proposed
modifications or amendments thereto are in compliance with the permitted density and intensity
set forth in Paragrapb 2.4 oftbe 1998 Settlement Agreement (permissible 3.5 F.A.R.-2,090,144
square feet approximately pins 160,404, square feet of transferred development rights to SSDI
North."
This would imply that modifications arising from more detailed plans would not necessarily
constitute substantial modifications. In this case, the number oflevels increase because the floor to
floor heights are designed to conform to market standards for residential development as opposed
to office development, which results in more levels created within the same overall height. The
Concept Plan further states that the City shall not deny approval of individual site plans arising from
the 1998 Concept Plan as long as said plans, modifications of amendments are in compliance with
the permitted density and intensity as set forth in the 1998 Settlement Agreement. This would
indicate that changes can be made to the Concept Plan as long as the maximum allowed floor area
is not increased. As stated earlier, the proposed preliminary plans will not increase the FAR as
prescribed in the Settlement Agreement.
As additional consideration, Portofino has agreed to accomplish all development necessary, i.e.
application to Army Corps and fill required to complete a continuous baywalk development along
the SSDI South and North parcels, exclusive of the seawall. Furthermore, the City has relocated the
bulk of the utilities in the "Diamond C" parcel. An existing FPL line that feeds Portofino Tower will
remain on-site, as agreed to by Portofino and any relocation will no longer be the City's
responsibility and will be deferred until future development is proposed, if ever.
Based on the foregoing, the Administration finds that the modification in number of levels, although
a factual change to the 1998 Concept Plan, is not a substantial modification to the 1998 Concept
Plan. If you have any comments, questions or a different interpretation than the interpretation as
stated herein, please contact me or provide your comments prior to February 14, 2001.
JMG/c~IGlrar
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