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HomeMy WebLinkAboutOMNI-CRA-M-02-0099CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: ANNETTE LEWIS, ACITNG ENE L jE DIRECTOR FROM: CHELSA ARSCOTT-DOUGLA �dL�t SUBJECT:-9RTENDMENT TO THE 1986 OMNI REDEVELOPMENT PLAN - STATUS REPORT DATE: 12-16-02 CC: On November 7, 2002, the CRA published a notice of Request for Letters of Interest (RLI) from Planning and Urban Design Firms for the amendments of the 1986 Omni Area Redevelopment Plan (See Enclosed copy of published notice). The deadline for receipt of RLI was December 10, 2002 at 5.00pm. The CRA received responses from the following nine (9) firms: 1. Tina Spiro & Associates, Inc. 2. Arquitectonica 3. HOK Planning Group 4. Urban Design Associates 5. Civic Design Associates 6. Glatting, Jackson, Kercher Anglin Lopez Rinehart 7. Jonathan Barnett, FAIR, FAICP 8. RTKL 9. Zyscovich The recommendation was made for a nine member selection committee, 7 voting members and 2 non -voting members. The proposed selection committee members are listed below pending confirmations from the City and County Managers Office as applicable. 1. Ana Gelabert-Sanchez, City of Miami Planning Director 2. Janet Palacino, City of Miami CIP Director 3. Michael Hardy, Performing Arts Center Trust 4. Gail Thompson, Performing Arts Center Trust 5. Julie Grimes, Omni Advisory Board 6. Bryan Finnie, Department Director of Dade County Economic and Community Development 7. Jose Abreu, District 6 Secretary, FDOT 8. Sergio Vasquez (Dover Kohl & Partners) non -voting 9. Richard Judy (CRA Consultant) non -voting ONSNI/CRC 02- 99 The proposed milestones for the selection committee is as follows: Submission Deadline Tuesday, December 10, 2002, 5:00 pm Review of Letters of Interest December 19-January 10, 2003 Shortlist of firms Friday, January 10, 2003 Interviews and Recommendation To the CRA Ex. Director Tuesday, January 14, 2003 Directors Recommendation To the Omni CRA Board Monday, January 27, 2003 The CRA intends to submit a scope of services for the Omni Redevelopment Plan Amendments to the nine firms submitting responses to this RLI prior to their interview session with the selection committee. A series of questions will be posed to each planning 11 firm during the interview process to ensure that the selected firm have the relevant experience necessary to perform the scope of services being requested. oivau / CRA 02- 99 THE O M N I REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY OF T H E CITY OF MIAMI REQUEST FOR LETTERS OF INTEREST FROM PLANNING AND URBAN DESIGN FIRMS FOR THE AMENDMENT OF THE 1986 OMNI AREA REDEVELOPMENT PLAN The Omni Redevelopment District Community Redevelopment Agency of the City of Miami (the "CRA") is seeking Letters of Interest from professional planning and urban design firms for the preparation of an amendment to the CRA's 1986 Omni Area Redevelopment Plan. The Omni Redevelopment Area is located in Miami north of the Central Business District and east of the Design District (See Boundary Map). The successful firm must demonstrate a proven ability to deliver a master plan that is consistent with the City of Miami's Comprehensive Plan and which integrates the Omni Redevelopment Area with surrounding development projects including: the Bicentennial Renewal Project, the FEC Corridor renovation project, the Southeast Overtown/Parkwest Redevelopment Plan, and the Design District. In addition, the successful firm must have a proven ability to deliver a master plan that reinforces open space and the public domain, is human in scale, and which, while focused on the immediate needs of the site, its surroundings and context, acknowledges, integrates, and promotes future development of the Omni Redevelopment Area. In preparing the amendment to the 1986 Omni Area Redevelopment Plan, the consultant will work with the Bicentennial Park/FEC Waterfront Renewal Committee, the City of Miami, the Omni Advisory Board, the Omni-Parkwest Advisory Board, the Performing Arts Center Trust Committee and the newly established Omni Development Committee. The amendment will include design guidelines and standards for redevelopment as well as proposed zoning overlays for the OMNI / CRA 92- 99 area. The time frame for the project will not exceed 24 months. Letters of Interest must contain: • The firm's qualifications. • Resume of principals in the firm. • Examples of prior relevant work. Letters of Interest must be received no later than 5:00 pm., December 10, 2002, addressed to Chelsa Arscott-Douglas, Policy and Program Development Administrator of the Omni Redevelopment District Community Redevelopment Agency, at 300 Biscayne Boulevard Way, Suite 309 (Mezzanine Floor), Miami, Florida 33131. It is recommended that all interested parties pick up a copy of the 1986 Omni Redevelopment Plan (as amended in 1987) for review. Hard copies of the existing redevelopment plan are available in the office at a cost of $10 each. For further information, please contact Rebekah Lowe at (305) 579-3324. The Omni Redevelopment District Community Redevelopment Agency reserves the right to accept any Letter(s) of Interest deemed to be in the best interest of the agency, to waive any irregularities in any response, to reject any and all responses, to cancel this request at any time, and/or to re -advertise for Letters of Interest. Annette Lewis Acting Executive Director Adv. No. W,AN1 / CRA 02- 99 0 THE ATTACHMENT "A" OF THE PROFESSIONAL SERVICE AGREE - �- For The Scope of Services for Amending the Omni Redevelopment Plan This Attachment "A" Scope of Services supplements the terms and conditions of the Professional Service Agreement ("Agreement"), dated January , 2003, by and between the Omni Community Redevelopment Agency ("Omni CRA"), and the ("Service Provider" or "Provider"), and it is hereby referenced as a part of the Agreement. The Agreement provides the authority for the Executive Director to directly enter into a letter contract(s) with a required special staff or other consultant person or firm or indirectly by authorizing the Service Provider to subcontract for such special services that shall or may be required during the process for Preparing the required work product of the contents and related documents of the proposed amendment of the initial Omni Redevelopment Plan, as set forth in the s. 163.360, s 163.361 and s. 163.362 of the Act. All Agreement service planning and related effectuating programs to be provided by contracted consultants, that includes the Service Provider, shall be agreed to by a work order(s) ("CRA Work Order" or "work order") as issued by the Executive Director for the consultants to assist in the amending of the Plan for the CRA Board recommending the proposed Amendment of the Plan for final approval by the City, pursuant to the CRA and City process of the Act, as set forth in the attached "Documents" of this Attachment "A" of the Agreement. The Scope of Services ONINI/CRA 02- 99 ^hk, r compensation budget for the Service Provider and all other consultant firm(s) or persons as staff, as defined herein, shall be set forth in the Compensation Section of the Agreement. (See Section XXVI Summary concerning Work Orders of this Attachment «A„ r A• _ Section L The Work Order Product of the Scope of Services shall be at least the required Redevelopment Contents of s.163.362 of the Act for the Proposed s. 163.361 Amendment of the Omni CRA Redevelopment Plan and required findings of s.163.360(7)(8) of the City Governing Body before Determining to Finally Approve, at its Discretion, the Omni CRA Recommended Amendment of its initial Redevelopment Plan pursuant to the following required Contents: (1) Contains a legal description analysis of the north boundary of the boundaries of the community redevelopment area and the reasons for establishing such boundaries shown in the plan; (2) Show by diagram and in general terms: (3) The approximate amount of open space to be provided and the street layout; (4) Limitations on the type, size, height, number, and proposed use of buildings; (5) The approximate number of dwelling units; (6) Such property as is intended for use as public parks, recreation areas, streets, public utilities, and public improvements of any nature; 2 >a/CRA 02- 99 (7) If the redevelopment area contains low or moderate income housing, contain a neighborhood impact element which describes in detail the impact of the redevelopment upon the residents of the redevelopment are and the surrounding areas in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population, and other matters affecting the physical and social quality of the neighborhood; (8) Identify specifically any publicly funded capital projects to be undertaken within the community redevelopment area, (9) Contain adequate safeguards that the work of redevelopment will be carried out pursuant to the plan; (10) Provide for the retention of controls and the establishment of any restrictions or covenants running with land sold or leased for private use for such periods of time and under such conditions as the governing body deems necessary to effectuate the purposes of the Act, (11) Provide assurances that there will be replacement housing for the relocation of persons of s. 163.340(16) temporarily or permanently displaced from housing facilities within the community redevelopment area; (12) Provide an element of residential use in the redevelopment area if such use exists in the area prior to the adoption of the plan or if the plan is intended to remedy a shortage of housing affordable to residents of low or moderate 3 OMT/CRA 02- 99 f income, including the elderly, or if the Plan is not intended to remedy such shortage, the reasons therefore; (13) Contain a detailed statement of the projected cpsts'of the redevelopment, including the amount to be expended on publicly funded capital projects in the community redevelopment area and any indebtedness of the community redevelopment agency, the county, or the municipality proposed to be incurred for such redevelopment if such indebtedness is to be repaid with increment revenues. (14) Provide a time certain for completing all redevelopment financed by increment revenues. Such time certain shall occur no later than 30 years after the fiscal year in which the plan is approved, adopted, or amended pursuant to s.163.361(1). Section IL Following the City governing body public bearing required by s. 163.346 of the Act, the governing body may approve the community redevelopment and the plan therefore if it finds that: (1) There is a feasible method for the location of families who will be displaced from the community redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) The community redevelopment plan and its amendments conform to the general plan of the county or municipality as a whole; 4 91WZ / CRA - 99 (3) The community redevelopment plan and its amendments give due consideration to the utilization of community policing innovations, to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the plans; (4) The community redevelopment plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the Omni community redevelopment area by private enterprise; (5) If the community redevelopment area consists of an area of open land to be acquired by the county or municipality, such area may not be so acquired unless: a. In the event the area is to be developed in whole or in part for residential uses, the governing body determines: i. That a shortage of housing of sound standards and design which is decent, safe, affordable residents of low or moderate income, including the elderly, and sanitary exists in the municipality; ii. That the need for housing accommodations has increased in the area; S omNI / CRA 92- 99 iii. That the conditions of blight in the area or the shortage of decent, safe, affordable, and sanitary housing cause or contribute to an increase in and spread of disease and crime or constitute a menace to the public health, safety, morals, or welfare; and iv. That the acquisition of the area for residential uses is an integral part of and is essential to the program of the municipality. c- b. In the event the area is Ao be developed in whole or in part for nonresidential uses, the governing body determines that: i. Such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives. c. Acquisition may require the exercise of government action, as provided in this part, because of: i. Defective, or unusual conditions of, title or diversity of ownership which prevents the free alienability of such land; ii. Tax delinquency; iii. Improper subdivisions; iv. Outmoded street patterns; 6 -, CRA 92- 99 r v. Deterioration of site; vi. Economic disuse; vii. Unsuitable topography or faulty lot layouts; viii. Lack of correlation of the area with other areas of a county or municipality by streets and modem traffic requirements; or ix. Any combination of such factors or other conditions which retard development of the area: (6) Conditions of blight in the area cphtribute to an increase in and spread of disease and crime or constitute a menace to public health, safety, morals, or welfare. Section III. A Summary of the Providers Services that will be set forth in Work Orders of the Executive Director May Include: Ll,) An evaluation of the initial Omni CRA Redevelopment Plan and its redevelopment projects and any related program(s) deficiencies, at the present time, along with recommendations to be set forth in the proposed amendment of the Plan. Q An urban design and standards analysis, focused on urban planning, zoning and land use of both the Omni redevelopment area in comparison of the 7 OMNI/CRA 02- 99 Southeast Overtown/Park West Community Redevelopment Agency ("SEO/PW CRA") as it is presently being restated by a proposed amendment of its redevelopment plan. (3) A public outreach process to involve residents, officials, and interested parties in the formation of the amendment of the Plan. (4) The proposed amendment of the Omni CRA redevelopment plan for the Executive Director to submit to the Omni CRA Board for approval and then for Omni CRA and City to then comply with the approval process of the Act for the proposed amendment as set forth in the attachment of this Attachment "A". 163.360. The various redevelopment projects underway by private enterprise entities and the CRA and City will be evaluated for purposes of the Plan amendment, as applicable. (5) A plan, coordinated along with the CRA Executive Director or a designee regular or contract staff person, for the oversight and coordination of the required work order products of the Scope of Services (that are subject to amendment by the Executive Director) required by the related Sections 163.360, s. 163.361 and s.163.362 of the Act and efforts of selected sub consultant(s) of the Provider and the consultants of the CRA to correspond with goals and objectives of the plan amendment project of the Agreement of this Amendment "A". 0MN1 / CRA 99 (6) A financial plan and economic feasibility analysis of the marketable goals and objectives planned for the amended redevelopment plan redevelopment projects and activities of the Scope of Services. (7) A policy, programming, and economic strategy that includes a financing strategy program for the redevelopment goals and objectives being set forth in the amended Plan and the contents of s. 163.362 of the Act, applicable to the amendment. (8) A local community liaison. , (9) The professional legal services, as required by the CRA Executive Director, for assisting in the legal process for amending the Omni redevelopment plan. Such service will be under a direct contract as provided for by the Agreement and be used by a work order of the Executive Director and for other contract persons for assisting in restating the Omni CRA and County June 24, 1996 Interlocal Agreement. Section M. Work Orders of the Executive Director. Before any Service Provider or its sub -consultants or other CRA consultants may perform under the terms and conditions of the Agreement, the Executive Director must issue a Work Order(s) to the Service Provider for the coordination of the work product 9 C� I CRA 02- 99 functions of the proposed amendment being developed by the Service Provider in concert with other applicable work product of sub consultants of the Provider and those special consultant persons of the Omni CRA, as provided for herein, as follows: (1) Monthly CRA Meeting: The Service Provider will attend an agreed CRA scheduled monthly CRA meeting held on the last working Tuesday of every month unless otherwise agreed to by the CRA and Service Provider. (2) Monthly Status Report: The Provider will distribute a monthly status report to the Executive Director, who then shall forward the report to the CRA Board after any required modifications or amendments, do to modifications of a CRA Work Order by the Executive Director or as suggested by the Work Order consultant. The monthly status report will record updates provided by the Service Provider and the consultants involved in the overall preparation of the Plan amendment. The monthly status report is not to exceed five (5) pages and will respond to any questions of the statues of the work product for amending the redevelopment plan. (3) Internal Meetings: A series of necessary meetings (dates to be determined by a work order of the executive Director) will be conducted amongst the various consultants and involved CRA staff and consultant persons involved in the Scope of Services _for the work product of the required contents of the proposed amendment and elements that include urban design and standards zoning 10 ®/CRA 9 E➢ chances and exceptions of specific building regulations as provided for by the Act. The meetings will be informal and will assist in the preparation of the monthly status report and overall coordination of the drafting work product for amending the redevelopment plan, as discussed, and also the goals and objectives for redevelopment of the amended redevelopment plan. (4) Daily Coordination: The Service Provider will coordinate the work product of its sub consultants and CRA contract consultants providing special services of the Scope of Services involved in the amendment of the redevelopment plan. (5) Meetings with the Omni CRA Board of Directors: The Service Provider and other applicable consultants will attend necessary meetings and present up to four (4) formal presentations, using maps, photographs and other illustrations, as necessary, as property of the CRA, to the Omni CRA Board of Directors, as decided by the Executive Director. Section IV. Upon receipt of research and data compilations, Provider in concert with the indicated consultants will perform the following tasks so as to draw conclusions and make recommendations for the formation of the OvertoWn/ Park Rest CRA amended Redevelopment Plan: (1) Work Order Tasks: Review Relevant Information. The Provider will review relevant information including general graphic information, urban design and OMNI/CRA 02- 99 standards, zoning ordinances applicable to the zoning of the Plan redevelopment area, locations of public utilities, and regulatory information applicable to the Plan redevelopment area. Relevant information shall be reviewed pending the CRA providing all necessary data set forth in a memorandum and the purpose of the Provider required work product. (2) Review Existing Zoning. The Service Provider will review the existing City of Miami zoning ordinance that applies to the Omni CRA redevelopment area for recommending any necessary zoning, and amendments of the urban design standards and guidelines of the Plan that will be set forth in the amended redevelopment plan as a separate document referenced by the Plan. The urban design guidelines and standards for the Omni redevelopment area will be incorporated with the urban design and standards of the proposed amendment of the Southeast Overtown/Park West Community Redevelopment Agency ("SEO/PW CRX) currently being prepared. Section V. The Service Provider will evaluate current Omni CRA redevelopment plan amended goals and objectives, for consideration of the Omni CRA Board of Directors, as set forth in the initial Omni CRA redevelopment plan and any referenced related documents, as follows: (1) Existence of slum and blight conditions; 12 t,id cRA 02- 99 905 OEM (2) Provision of incentives for redevelopment of blighted properties; (3) Elimination of conditions which contribute to blight; (4) Promotion of the rehabilitation and maintenance of existing viable uses and structures; a. Achieves orderly and efficient use of land. (5) Improvement of the local economy: a. Maximizes existing public'investments; b. Reinforces the property tax base; c. Creates economic magnets to draw more businesses to the Omni area to compliment (without competing with or diminishing) established activities in the surrounding area; d. Promotes concentrations of similar business activities that reinforce each other and improve the area wide economic climate; e. Provides for the development and/or relocation of downtown support service uses in selected locations within the redevelopment area. 2. Adequate public infrastructure and amenities: a. Provides adequate public utilities and services for the area's residents and businesses; b. Provides a system of public open spaces; 13 O1e/iM / CRA 02- 99 c. Maximizes access and views to Biscayne Bay; d. Encourages preservation and restoration of historic buildings; e. Enhances the area's visual attractiveness to businesses and residents; f. Emphasizes crime prevention and improve security in the area; g. Encourages the Dade County School System to retain and improve Miramar Elementary as a neighborhood school serving local residents. 3. Housing and social needs: a. Maximizes conditions for residents to continue to live in the area; b. Achieves rehabilitation of the maximum feasible number of housing units; c. Provides incentives for construction of new housing to attract downtown workers; d. Improves the delivery of human services; e. Provides employment opportunities and upward job mobility for residents; f. Provides opportunities for minorities and women to manage and own businesses; g. Minimizes condemnation and relocation. 4. Traffic and Circulation: a. Resolves existing and future transportation conflicts; b. Set priorities within the transportation network for pedestrians, cars, service and transit vehicles; 14 Cr;fln/CRA 02- 99 MM C. Improve access to existing and planned major activity areas such as the Central Business District and Civic Center; d. Support planning and construction of an extension of the Omni Metromover system; e. Provide adequate parking to serve the needs of area residents, visitors, and employees. Section VL Initial Redevelopment Plan Evaluation. The Provider will evaluate the current CRA Community Redevelopment Plan, last updated in 1996, as amended ("Initial Plan"). The provider will identify Plan deficiencies and recommend changes in order to meet the requirements of the Act, set forth in s. 163.360 and s. 163.362, for the marketability of the amended plan, the capital redevelopment goals and objectives being recommended in the amended redevelopment plan and related amended Urban Design Standard and Guidelines. Recommended improvements and alterations to the current Plan will correspond with the Urban Design Analysis, Economic Feasibility Study, and Financial Strategy Program for the amended redevelopment plan specific projects. Section VII. Legal Preparation. Any legal changes to the contents and related elements of the 1988 initial redevelopment plan, as amended, and those of the contents and elements of the proposed amendment of the redevelopment plan of the Agreement and this Amendment "A" shall be handled by the Omni CRA 15 OWICRA 02- 99 general attorney or special attorney and a CRA consultant as determined by the Executive Director. Section VUL Legal Document Preparation. Preparation or legal review of initial draft of notices and hearings required by the Redevelopment Act for amending the plan under s. 163.346, s. 163.361, s. 163.362 and s. 163.360, as applicable. Preparation of initial draft or legal review of resolutions required under the Act (s. 163.360, as applicable and s. 163.361), for the process of final approval of the amended plan, by the City governing body, and the restatement of the County and Omni CRA Interlocal Agreement, dated June 24, 1996 to the extent that its terms, conditions, authorities, capital projects and responsibilities are in compliance with the Community redevelopment Act of 1969 and the Florida Interlocal Cooperation Act of 1969 that mandates that all powers of an interlocal agreement shall be in common by both parties, which they may use separately in their operating area notwithstanding the interlocal agreement. Section IX. Key Leadership Interviews. The Service Provider will undertake (confidential if legal interviews with the CRA and City representatives, business owners, property owners, real estate brokers, private sector developers, and others knowledgeable of the capital redevelopment and potential marketable opportunities in CRA sub areas of the City and County and their urban design consultants. 16 /CRA 92 49 Section X. Draft Report. Based on findings from data review, interviews, evaluation of existing and potential CRA sub areas, the Service Provider or sub contract consultant will draft an economic financial strategy program for the CRA to be presented to the Executive Director and thereafter to the CRA Board and City Govern Body for review and comment for incorporation in the amended plan. r' F Section XL Final Report. The Service provider will refine and finalize the draft report of Section X after it has been reviewed by the Executive Director, Provider and CRA Board and will provide ten (10) copies of the Final Report. Section XII. Urban Design and Standards Analysis. The Omni CRA urban design guidelines and standards analysis will address urban design planning and land use issues associated with the drafting of the amendment of the Omni CRA Plan sub areas and in general the redevelopment area of the Omni CRA redevelopment plan and the urban design guidelines and standards analysis currently being developed by the SEO/PW Community Redevelopment Agency (and which shall be the driver of the urban design guidelines and standards of the Omni CRA plan). Such analysis shall include: ON24/CRA 17 02- 99 cia F� (1) Site Visits. The Provider will visit sub -areas of the Omni Redevelopment Area to review the existing blight or slum redevelopment conditions of the existing area, that should be decided within reasonable time of this Agreement as required by the Provider. (2) Public Outreach. The Service Provider will hold three (3) public meetings to share findings and gain input from the community and interested stakeholders at various phases of the Provider and related consultants work product for the amendment of the Plan, agreed to by the Executive Director and Provider with advice from the City Planning Department. (3) Interviews. The Provider and related consultants will hold two (2) interview sessions to share findings and gain input from the community and interested stakeholders. (4) Internal Coordination and Meetings. The Provider will conduct internal coordination efforts with the identified consultants as a means of managing and coordinating the Scope of Services. With the consultants as applicable, will be arranged as necessary. (5) Findings Report. The Provider will produce a findings report, documenting relevant information and findings of fact for the amendment of the Plan, especially the required elements of the Act of s. 163.362 and their related programs, as applicable, for effectuating the purposes of the s. 163.360 s. 163.361 and s. 163.362 mandatory contents, for specific projects and their required 18 OMNI/CRA 02- 99 activities for effectuating the purposes of the proposed Plan being amended by the Agreement of this Attachment "A". (6) Renderings. The Provider will create a series of design options through graphic renderings of the study area. The maximum number of renderings is not to exceed ten (10). (7) Conceptual Diagrams. An appropriate number of diagrams will illustrate urban design planning concepts. (8) Amended Redevelopment Plan Document. The Service Provider will prepare a report to identify the elements required for amending the Plan and their implementation set forth in s. 163.362. The public Plan Document shall be concise, and easily understood. The Document will highlight areas of specific capital redevelopment and related activities, the comprehensive approaches for effectuating a successful redevelopment amended plan for the Omni CRA pursuant to the required contents and their elements and their related programs of the amended Plan under s. 163.346, s. 163.361, s. 163.362, and s. 163.360(7)(8) and (9), for necessary applicable findings of the amendment as necessary by the City govern body before approving the amendment. 19 O1ANI cRA 02 Section XM- Responsibilities of the Omni CRA. (1) Provide, on a timely basis to the Provider, the requested base information described in Section "XV". (2) Provide supplementary information that may be requested from time to time during the course of the Scope of Services work product. (3) Attend and participate in project meetings upon the request of the Service Provider, or otherwise. (4) Assists in providing the public outreach throughout the Scope of Service work product and securing the attendance of all persons who will have community influence over or decision -malting authority. (5) Assist in guiding outreach throughout the timely work product periods of the scope of services for creating the proposed amendment of the plan and soliciting the attendance of persons whose participation the CRA and community considers important. (6) Make every effort to insure the attendance -of a majority of elected City officials at all relevant presentations of the proposed amendment underway. omNi/CRA 20 02- 99 (7) Promptly tender payment of all invoices. Section XIV. List of Final Work Products. The Service Provider, pursuant to an Executive Director Work Order, shall produce specific graphic and written deliverables in conjunction with the professional Scope of Services work product described in this Attachment. (1) Graphic Documents. Graphic Documents will include the following or a reasonable equivalent: a. An Urban Design Plan (1), at a scale to be determined, illustrating the ideas and concepts for the project area. b. Perspective Drawings (up to 10), rendered in color and showing examples of typical physical infrastructure and redevelopment plan capital redevelopment improvements to be implemented in the Plan area. C. Conceptual Diagrams, rendered in black and white to illustrate planning urban design concepts of various sub areas and generally other area. (2) Written Documents. reasonable equivalent: Written Documents will include the following or a 21 QMNI I CIA 02- 99 a. Amended Plan along with Related Documents as appendixes or by reference, one (1) written narrative describing the text and graphics, and specific and general future redevelopment program projects and implementation of redevelopment and financing program strategies, for specific projects that assist the CRA in achieving the goals and objectives of the amended redevelopment plan and the amended urban design standards and guidelines of the Plan. (3) Format of Deliverables. Provider shall provide final work products to CRA in the following format: a. Written documents. One (1) copy and one (1) reproducible and unbound copy of the draft amended plan and related documents or appendixes, that includes a summary, printed on paper in an appropriate format. The document(s) shall also be digitally stored in an appropriate computer format, and will be provided to the CRA on a CD-ROM (1 copy) for its excess. The report will also be converted into a read-only format (*. pd.), using the freeware program Adobe Acrobat Reader for reproduction by the CRA. b. Additional Copies. CRA may request additional copies of the above deliverables upon payment to Provider of the actual reproduction cost, plus a fee for additional services in accordance with Attachment B of this Agreement. 22 OMM / CRA 02- 99 EM Section XV. Provider requests from the Executive Director, by an Executive Director Work Order, the following needed base information for the Omni amended redevelopment plan and its required documents, as appendixes or otherwise, such as the amendment of the existing Urban Design Standards and Guidelines and required plan content programs for the specified and general capital redevelopment projects: (1) SCALE BASE MAPS, in digital and hard copy formats, that indicate existing conditions of the redevelopment area, and any extended boundary of the Area, including significant features above and below the ground, if applicable for the purposes of the plan. Maps should specifically include ArcView GIS data, OrthoPhotos and an AutoCAD plan for site indicating building footprints, roadways, sidewalks, driveways, curbs and curb -cuts, alleys, trees, right-of-way lines, existing land uses, zoning, topography, flood plain information (if applicable), environmental constraints, utility locations, building heights (if readily available), and current parking, GIS data should be in an ESRI compatible format. (2) AERIAL PHOTOGRAPHS, preferably in color digital format, in plan and/or oblique view and at the largest possible scale of the entire scope area that can also be printed in a workable black format. (4) RELEVANT EXISTING REGULATIONS, at any level, which legally relate to the Redevelopment Plan area, and relevant published comments of local government 23 OMM/CRA 02- A"k, , officials and administrators regarding redevelopment parameters pursuant to the mandatory contents (s. 163.361, s. 163.362 and s. 163.360, as applicable, of the plan. Such regulations should include adopted comprehensive plans of the City and County, as a whole, special area studies, and City zoning ordinances applicable to the zoning of the amended plan areas that when amended and approved by the governing body, the zoning must be changed by amending the Plan, giving consideration to s. 163.361(3) regarding potential liability. (5) OWNERSHIP MAP, both in hard copy and digital format, a database that indicates the names of owners of important real property or physical sites located within the redevelopment area, or a specific sub area, as required by the Provider, and a separate list of the names with their corresponding mailing address. (6) ANY OTHER RELEVANT DATA, including pertinent zoning amendments of the Plan, approved in 1988, and previous site studies, traffic studies, infrastructure studies, market feasibility studies, demographic projection, commercial real estate inventories, redevelopment programs of the plan, historical background, architectural inventory, parking, inventory, etc. for preparation of the amendment of the plan. (7) No more than three (3) weeks after signing the Agreement, the CRA and/or City shall provide the Provider with the requested information set forth in a detailed Provider Memorandum, as required by the Provider. The Provider will depend on 24 pmNi / CRA 02- 99 EM the accuracy and completeness of the information provided by the CRA, unless otherwise advised by the CRA and City, if applicable. If the CRA is unable to provide any of the above information, the CRA must immediately contact the Provider to determine whether such information reasonably necessary and whether such information might otherwise be obtained. If the Service Provider deems such information necessary and the CRA remains unable to provide such information, then the Provider may prepare such information, as authorized by an Executive Director Work Order as provided for in this Attachment "A" and the Agreement. SUMMARY Section XXVL Authorized use of the Scope of Services of this Attachment "A" of the Agreement shall be by a Request for a Rork Order for issue by the Executive Director that sits forth the work product, and compensation, to be produced by the service provider of this Attachment "A", that will be a part of the required contents of the proposed amendment of the Omni Plan, as required by the Act, and any other elements of the plan required by the Omni CRA. 25 OW/CRA 02- 99 FLOW CHARM CREATING A COMMUNITY REDEVELOPMENT AGENCY AND IMPLEMENTING ITS REDEVELOPMENT PLAN IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT ACT OF 1969 1 KIM1,R/6/12/2002 Cs 11:2-1 AM Page 1 Home Rule Charter Miami -Dade County ("County"), at its Discretion, delegates the Powers of the Community Redevelopment Act of 1969 ("Act"), Pursuant to Section 1 163.410 and in no other Manner, to the City of Miami ("City") to Create a Community Redevelopment Agency ("Agency") or to only delegate powers of the Act that supplement to other Community Redevelopment statutes then being exercised by the City, other than the Act. County Delegating Powers to the City for Creating an Agency The County, at its Discretion, Delegates, by a required Resolution, Specifically Enumerated Powers of the Act, as Required for the City to Create a Community Redevelopment Agency ("Agency") and by no Other Manner, such as using an Interlocal Agreement Under the Florida Interlocal Cooperation Act of 1969 ("Cooperation Act"), since the County and City do not Legally Comply with the "Common Powers" Requirement of Section 163.01(4)(11) or any other agreement. All the Powers of the Act, except s.163.410, Shall be Delegated to the City; if not, the Agency is not a Legal Entity, Separate, Distinct and Independent from the Governing Body of t;ie City and the County. Nevertheless, it appears that the County has and appears to continue to exercise certain controlling exclusive powers of the Act that only the City and/or Agency can legally exercise. If so, the County would be Acting as the Governing Body of the City and/or the Agencv Board of Directors, that would appear to violate the Act. City Notices Public and Tax Authorities of its Proposed Actions The City Complies with s. 163.346 of the Act to Create an Agency by Noticing the Public, Pursuant to 163.04](3), and, by registered F-1 mail, notice the Tax Authorities that levies Ad Valorem Taxes in the proposed redevelopment area at least fifteen days before any action of 163.346, within the boundaries of the redevelopment area of the Agency. The first action required of 163.346 is the City exercising s. 163.355 for slum and blight conditions and a necessity for creating an agency. CITY CRLATING AN AGENCY Pursuant to s. 163.346 City publishes a public notice of its action for exercising first, a) s. 163.355 for findings of necessity for crating an agency by adopting a Resolution; b) then by exercising s. 163.356, the City creates the Agency by Resolution and appoints the Board of Directors of the Agency by Ordinance under s. n 163.356 or by Resolution under s. 163.357, anei not l y tiic County.; and then by s. 163.387 creates a redevelopment trust fund by an Ordinance of the City and not the county and; d) the City approves an initial community redevelopment plan ("Plan") and its redevelopment area, pursuant to s. 163.360, s. 163.362; and thereafter any amendment to the Plan recommended by exercising s. 163.361, 362 and 360(7)(8), as set forth below for an initial plan and its future amendment. rJ NEXT F/_JOB 4 CHART CREATING A COMMUNITY REDEVELOPMENT AGENCY AND IMPLEMENTING ITS REDEVELOPMENT PLAN IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT ACT OF 1969 1t.tntt,Ri��it 2/2002 �r,, 11.2-1 .\Nl Page 2 CREATING '1 HE, INITI,,ki, The Created Agency and/or the City, County, and/or Other Qualified Persons may submit, at their Discretion, a Proposed Initial Redevelopment Plan to the Agency and in no other manner, as provided for by s. to 163.360(4). The Agency Before Any Consideration of the Submitted Proposed Plan(s) Shall Submit the Plan(s) to the City Local Planning Agency, only for Conformity with the Comprehensive 171 Plan of the City and County, as a Whole. The Local Planning Agency Shall submit to the Agency its Written Recommendation with Respect to the Conformity of the Proposed Initial Plan within 60 Days After Receipt of the Plan for Review The Agency upon Receipt of the Recommendation of the Local Planning Agency of the City, or, if no Recommendations are Received within 60 days, then without such recommendation, the F Agency proceeds with its Consideration of the Proposed Initial Plan and proposed redevelopment area that shall be designed as nnnronrime, EM7 The Community Agency Submits any Proposed Plan it Recommends, Together with its Written Recommendations, to the City for approval, and to Each Taxing Authority of s. 163.387 that Levies Ad Valorim on Taxable Real Property Contained Within the Boundaries of the Agency. The City takes the Action of the City Approving the Proposed Plan, pursuant to 163.360 and 163.362, after a published notice to the Public and notice of the action, By Registered Mail, to the Tax Authorities Before Approving a Plan, as required by s. 163.346. P-0 The City Pursuant to s. 163.360 (6) Shall Hold A Public Hearing on a Plan After Public Notice Thereof by Publication in a Newspaper Having a General Circulation in the Operating Area of the City. The Notice Shall Describe the Title of the Hearing Date, Time, Place, and Purpose of the Hearing, Identify the Community Redevelopment NEXT Area Covered by Plan, and Outline the General Scope of the redevelopment of the Proposed Community Redevelopment Plan Under Consideration. FLOW CHART CREATING A COMMUNITY REDEVELOPMENT AGENCY AND IMPLEMENTING ITS REDEVELOPMENT PLAN IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT ACT OF 1969 Following such hearing the City governing body may approve the community redevelopment of the agency recommended proposed initial plan, including any City modifications for community redevelopment and compliance with s. 162.360(7)(8) 163.362 and if it finds: a) Feasible method to locate families, if applicable. b) Plan conforms with City/County Comprehensive Plan as a whole. c) Give due consideration for police innovations; adequate recreational areas and facilities with special consideration for the health, safety and welfare of children of the site covered by the plans. d) Maximum opportunity for private enterprise for rehabilitation and redevelopment in the sub areas of the redevelopment area of the Plan. e) Revitalization and redevelopment for a coastal tourist area. NEXT F-1 The City determines that nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives. Acquisition may require the exercise of governmental action, as provided by the Act, because of tax delinquency; improper subdivisions; out-moded street pattern; deterioration of site, economic; disease; unsuitable topography or faulty lot lay outs; lack of correlation of the area with other areas of the City. (s. 163.360(8)). age 3 0 FLOW CHART CREATING A COMMUNITY REDEVELOPMENT AGENCY AND IMPLEMENTING ITS REDEVELOPMENT PLAN IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT ACT OF 1969 Upon the final approval by the City of the proposed initial plan ("Plan"), or modifications thereof by the City,. shall be deemed to be in full force and effect for the respective redevelopment area and the City may then cause the Agency to carryout the final initial Plan, as may have been modified by the City, or in accordance with its terms. 14 AGENCY RECON MENDS A PLAN AMENDMENT TO CITY If at any time after the final approval of the initial Plan by the City it becomes necessary or desirable, to amend and/or modify such Plan under s. 161.361 the City may amend such Plan upon recommendation of the Agency. The recommended modification or amendment of the plan may be a change in the boundaries to add or exclude land from the redevelopment area, if determined appropriate by the Ciy, after a public hearing of B, or may include the development and implementation of community policing innovations NEXT R.1/131,R/6/12/2002 (,v 1 1:2.1 �Nt Page 4 Before the City causes any action of s. 163.361 the City shall publish a public notice, to the public, pursuant to s. 163.346, of the proposed action of amending or modifying the Plan and/or including any extended or excluded land of the area of the Plan if recommended by the Agency. Exercising any action of the public notice shall occur only by the City, after at least 15 days from the date of mailing by registered mail, a notice to each taxing authority which levies ad valorem taxes on taxable real property contained within the geographic boundaries of the redevelopment area pursuant to s. 163.387 of the Act. FLOW CHL R'r CREATING A COMMUNITY REDEVELOPMENT AGENCY AND IMPLEMENTING ITS REDEVELOPMENT PLAN IN ACCORDANCE WITH THE COMMUNITY REDEVELOPMENT ACT OF 1969 I2.1/BLR/6/12/2002 ya 11:27 a,m Page 5 After, fifteen days of the City noticing the tax authorities by registered mail, The Resolution of the City approving the amendment and/or modifications shall deem pursuant to s. 163.346, as discussed the Plan to be in full force and affect for the above, the action of the City for respective community redevelopment area amending and or modifying the initial and state that the Agency shall carry out the plan and/or the boundaries of the agency initial plan and its amendments and/or redevelopment area set forth in the Plan, modifications. the City shall hold a public hearing on a proposed modification after public notice thereof, by publication in a newspaper, having a general circulation in the area of operation of the Agency. The Agency, if legally required, shall forward its City approved amended Plan to the county governing body for determining that the amended plan is in compliance with s. 163.360(7)(8)(9) , s. 163.361, 163.362,as After the public hearing the governing applicable, lnnsuant to the 14atch 31, 19, body of the City may approve, by FD Cit}/t,oilnt}' lnterlocal ;\-reemcnt andf resolution, the Agency recommended th rel'erenced Resolution 1077h.82 oe Uaunt}. amendments and/or modifications of the such ar1)(1crl detc t1ilt M,and rcrluires planned community redevelopment, and O�'rr. 11 tkrat the Ccrunr ;, undo 163. t l tt, and the after any findings of s. 163.360(7), bath ha\c the icl'islaiti%C nrr,dc of the ;\ct cal S. determinations of s. 163.360(8) for 163.360 or 1r1 3.361, and in no ocher manner or residential uses and compliance with the purpose required contents of the Plan and its amendments and/or modifications. AGENCY CONTINUES EFFECTUATING THE COMMUNITY REDEVELOPMENT ACT AND THE APPROVED PLAN, AS AMENDED A '1 -GLA NC1= ��J'---I'G1'-.L—'4 C) HI,�.r �.J11'11i�U1't�J. J-el �VE�, .11J-.iLJ ��lijL1...,i\�T (...1 OF lyre, ADOPTED Err TIE FLOPIR POTS DIIE TO LLif '1 L- �,LL�Ji�i Ol LLIGHT 01� B-UU�.D,SG oH(j-RT:-�G It,ji}��i�;yj Uc,rt\;C f t� 1� 1� 1�TITY' R�T�E3«LC7PLE- N T AG`I✓I\TCY(I S) /J�ID fEI EVELOPb -17TT -� � T1n�F�.�ssity of tl�c 1=�ct:1©r il�e �"oua�iv and I��+u�:�cip��li�i�;s: TTic Legislature of Flori& adopted die Redevelopi)-jelli ACt of 1969. as amendtd ("Act"), for ves% commixuily i edeveloprYrernt po>>jeFS, necessw- y rand conve uieni, a4 a Maitea of legi.:lrative detcrn:iinatiorn set forth in tiny; s. 163.335 findings ane declan -bons of nmessity, to its counties and municipalities to use for° eliminating slum or blight conditions or housing shortages, or any combination thereof, and othe1- purposes of the Act:, within their operating area using public money and the tower of enninernt dornaiij 1) S. 163.3 3.5; s. 16 3.3 5.5, s. 163.365, s. 163.3 70, s. 163.3 75, s. 163.380, s. 163.385 and s. 163.400, and, as applicable, s. 163.410 by a home rule charter county. (4lso, see D-4 for- the Powers -for for creating an agenc7; and Its rlrcrnddrrtol); necessary anlld COMIenient powers of s. 163.358 used by the agency and Inun cipalit)) - T7K A uuieinaliiy of a Horne Rule Charter County Has No VestedPowers of the Act: If the nnurnicipality, such as the City of Miami governing body ("city" or "governing body"), is located irn a legislative home rule charier county or a Florida COI'stiIU60nal borne rule Charier county, such as the Miat-ni-Dade County ("coutnj)e-*), the powers of the Act are vested only in that county for exercising exclusively within its operating area as stated in s. 163.410 of the Act, but only after ilie counnty exercises s. 163.355 for f xl; w of necessity for eliminativg an area. of slum or blight or a shortage of housing that is affordable for residents of low or moderate income, that include rehabilitaborn, consen�ation or 1 Old / CRA 02- 99 -- 05 Oc li:I8a RH L SR JUDY 3525435089 *O�N ' ►'!3 3/SJ20/02. 10:12 AIAL B-1-Cleating CR.N a ,d Notes: redevelopment in the interest of public health, safety. morals or Nve.lfare of the residents of the cowity of i-Dw-11cipality, as applicable. 2) s. 163.355 rand s. 163.410. See G bCtIOW_fOY the COunt)> tO 07-CWc a COU72ty COMMU121ty redevelopment agency. C. The Home Rule Charter County May Vest Powers of the Act to Any of Its Municipalities: The home rule charter county governing body ("county"), after exercising s. 163.355, if legally required by the Act (see (3) below), using the authority of the legislative mode(s) of s. 163.410 of the Act, may, in its discretion, by resolution, delegate the specifically enumerated powers conferred upon the county by the Act to any one or all of the county municipalities, in order for a municipality governing body to effectuate community redevelopment in'their operating area for accomplishing the purposes of the Act discussed in (A) and (B) above. Such a delegation shall confer only those powers of the Act that are specifically enumerated in a county delegation resolution and in no other manner, nor for any other purpose. Any power not specifically delegated is reserved exclusively in the governing body of the county; however, the county may not use the reserved power(s) to exercise a mandatory legislative mode that only -a municipality or its agency shall exclusively exercise regardless of any agreement by the county with the municipality or with an agency under s. 163.01(4)(5)(11) of the Florida Interlocal Cooperation Act of 1969 or under s. 163.400 of the Act. 3) s. 163.355 and s. 163.410 — See A-1 for the section(s) of the Act for the city to use for undertaking community redevelopment of the Act but not by an agency. It appears that the Legislature did not intend to allow the county to exercise s. 163.355 for delegating powers of the Act to a municipality since only the municipality must exercise s. 163.355 and not the county to create the agency or there is no agency. However, s. 163.355 requires ihat a county or municipality, as applicable, must comply with s. 163.355 before exercising any powers of the Act. The Attorney General of Florida probably would find that a home rule charter county does not have to exercise s. 163.355 for using s. 163.410. 2 OMM/CRA 02- 99 05 02 11:18a RH & SR JUDY 352SA38098 P. - 3l512002 10:1 2 40\ B- I - roaling CRA and 3�otcs D. The Charter County Delegatuip- Powers of the Aci to a b4w2ic1j2LjLjty for Creating an Agency: The home rule charter county, at its discretion, shall exercise s. 163.355 of the Act, if legally required (see (C)(3) above), and then exercise s. 163.410 for delegating specifically enumerated powers of the Act, set forth in a resolution of the county governing body, to any one of the county municipalities, with or without a request, for it to create at its discretion, a community redevelopment a ency(ies) "aegric 'for exercising the mandated necessary and convenient powers of the Act required to effectuate the community redevelopment purposes of the Act and its redevelopment plan. If the county does not delegate all the powers required of s. 163.356 and s. 163.358 as a whole, for creating an agency, then the municipality governing body will not have created a valid agency. A home rule charter county must exercise the legislative mode of s. 163.410 by using a resolution for specifically enumerating powers of the Act to the municipality and in no other manner or purpose. However, the county required that an Interlocal Agreement dated March 31, 1983 ("Agreement") under s. 163.01(4)(11) of the Florida. lnterlocal Cooperation Act of 1969, be used by the county and municipality for the county to delegate the necessary and convenient Powers of the Act, as required by s. 163.356 and s. 163.358, for creating an agency and for the agency and municipality, as applicable, to undertake the community redevelopment plan and other purposes of the Act. However, the charter county for some reason did not specifically enumerate the powers it was transferring in neither the required legislative modes resolution nor the county resolution approving the Interlocal Agreement, or in the Agreement. An amendment, dated November 15, 1990, to the Agreement between the city and county for purposes of recognizing that the charter county in fact delegated all the powers of the Act to the city for the purposes of the Act for creating of an agency and for the agency to undertake the community redevelopment powers of the Act. This amendment was necessary or there -would not have been the issuance of the 1990 revenue bond issue using increment revenue of the Agency. 3 Old TRA 02- 99 Hi<".,r 05 G2 i 1 20a RH 6 SR JUDY 35254 3808E yV 3/S/2002 1 U:12 AIA1 B-1_C icating CRA a,,-ti Note 1\Tothing 111 the Act prevents the agency, after being created, frorr entering ult:o a_ jollIt cooperative agreement with the coalli�° 07 hr.y other public body using s. 163.400 for the community redevelopment purposes of the community redevelopment plan and the: Act. However the cooperative agreement: cannot transfer any legislative Nodes of the Act that are required to be exercised exclusively by the agency or municipality and not by any other public body such as a home rule charter county, unless otherwise specifically authorized by the Act, which is not the case, except in s. 163.4 00(l)(a) for disposing land to another public body for the purpose of the redevelopment plan and Act for less than face value or no consideration. The public bodies must share in common the terms of the agreement which each can exercise separately without the agreement for its own purposes ii-I its operating area. (It appears that the city governing body may use all the delegated powers to create one or more agencies such as the Omni Agency or a Miami River Agency unless the Florida' Attorney General determines that the home rule charter county has the power to place conditions on any of the powers of the Act being delegated to a municipality under s. 163.410. It would seem that any such conditions are nothing more than an amendment of the Act by a charter count) instead of the legislature. However, the charter county may only delegate the powers for a particular circumstance, such as for the municipality to create an agency(ies), or for the municipality to effectuate communityredevelopment in its operating area without using an agency. Nevertheless, the county charter cannot directly or indirectly amend the Act when using s. 163.410) 4) s. 163.355, s. 163.346, s. 163.356, s. 163.357, s. 163.358, s. 163.360, s. 163.361, s. 163.362, s. 163.370, s. 163.375, s. 163.380, s. 163.385, s. 163.387 and s. 163.400. E. When a Home Rule County Delegates Powers of the Act to a Municipality for Creating an Agency it in. Fact Provides for the Municipality to Use Certain of the Powers for Supplementing Its Powers for Community Redevelopment In the Redevelopment Area of the A envy or Within the Remaining OperatingL Area of the Municipality: When the county delegates the powers of the Act to one of its municipalities in Section D to create an agency, said municipality 4 OMNI/CRA 02- 99 r�zr 05 02 11:21a RH & SR JUDY 3525ASSOS9 n.s 3/5/2002 10:12 Atvi B-1-Creatuig CR-tk and ?dotes governing body may then also use certain of the powers to provide conunuluty redevelopment projects within the redevelopment. area of the agency in accordance with a municipality general community redevelopment plan of its comprehensive neighborhood plait but may not do so in conflict with the redevelopment: plan of the agency that was submitted to the municipality by the agency for final approval in accordance with the mandatory modes set forth in s. 163.346 and s. 163.360(4) through (8) of the Act by the agency and municipality. Such final approval may include modifications of the recommended plan by the municipality governing body if the plan does not comply with the requirements of the applicable subsections of s. 163.360 and S. 163.362. (An agency created before February 1, 1984 is not required to include the elements of s. 163.362(10) in its redevelopment plan) Thereafter, the agency and the municipality only have to exercise s. 163.361 and s. 163.362 for amending the initial redevelopment plan, that was finally (initially) approved after the agency and municipality governing body exercised the mandated legislative process modes of s. 163.360(4) through (8) and s. 163.362, as applicable. If the initially approved plan did not properly comply with s. 163.360 or s. 163.362, the agency and the city must amend the plan using s. 163.361 (see below). The Act provides that any municipality, county or agency or any other person or a combination of persons may prepare a redevelopment plan proposal for submission to the agency. Then, after exercising s. 163.346, the agency, local planning agency and governing body shall comply with the s'. 163.360 and s. 163.362 process for final approval of the redevelopment plan, after a public hearing, by the municipality governing body. After the approval of the initial community redevelopment plan by the legislative modes of s. 163.360 and s. 163.3622 the city governing body may, if necessary or desirable, amend or modify the plan, including changing the redevelopment area, upon the recommendation of the agency and not by the county or. municipality or other person. However, the4may submit any redevelopment plan amendment to the agency for consideration under s. 163.361 ands. 163.362 of the Act. The municipality may also use s. 163.355, s. 163.370, s. 163.375, s. 163.380, s. 163.385 and s. 163.400 of the Act for supplementing its legislative powers for community redevelopment purposes in the areas 5 cmM / CRA 02- 99 05 02 it: 22a RH & SR JUDY fWP% 3i 5/2002. 10:12 Alvi 3525.9 SSOSS B-1-Ceaiil-Ig C -A and Notes outside the agency redevelopment area that are in accordance wi°1i the fuidings and necessities of s. 163.335 of the Act. However, as slated the municipality and county may undertake its community redevelopment in the operating area of the agency if their neighborhood general plan purposes complies with the redevelopment plan of the agency. 5) See (F) below. P. The Charter CountyDelegat M Certain Powers for Use 13y Municipality But Not for an Agency. The home rule charter county governing body may, at its discretion, decide only to use s. 163.410 for delegating, by a mandatory resolution, specifically enumerated powers of the Act to a municipality for undertaking community redevelopment of ti blight or slum area(s) or for remedying a housing shortage for residents of low or moderate income within the operating area of the boundaries of the municipality pursuant to a general redevelopment plan of its comprehensive neighborhood plan, but not in conflict with the powers and purposes of the Act legislative findings of s. 163.335 and municipal funding of s. 163.355. The delegated powers of the Act are supplemental to the other powers of the legislative statutes that are vested in the municipality when said municipality is undertaking community redevelopment in its operating area. 6) s. 163.355, s. 163.370, s. 163.375, s. 163.380, s. 163.385 ans s. 163.400. G. The Home Rule Charter County may Create its Own Agency Within the Boundaries of the. Municipality Linder Certain Conditions: The home rule charter county may, at its discretion, use the powers of the Act to create its own community redevelopment agency for functioning within the operating area of a municipality only as, if, and when the governing body of the municipality has by resolution concurred in the community redevelopment plan proposed by the county. P OMNI/CRA 02- 99 Mdr 05 02 11:22d RH & SR JUDY 352543SOSS P.8 3/512002. 1 U:12 AA1 B-1-Creating CRA acid !rotes 71 s. J63.355, s. 163. 346, s_ 163. 356, s. 163- 357 and all otl�e3 sections or sub -sections set forth in D-4 above that are maludatoyy for creating an agency and for the agencj) to undertake the co1i1mu-n1ty redevelopmew pla17 and Other purposes of the Act. II SELECTED COMMUNITY REDEVELOPMENT ACT OF 1969 ACT DEFINITIONS AND OTHER APPLICABLE STATUTES OF THE ACT FOR USE IN RESTATING THE APPROVED REDEVELOPMENT PLAN BY AMENDMENT OR MODIFICATION AND ENLARGING THE REDEVELOPMENTAREA OF THE SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY (CRA) APPLICABLE DEFINITIONS (A) "Slum area" means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; the existence of conditions which endanger life or property by fire or other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals or welfare. 163.340 (B) `Blighted area" means either: (a) An area in which there are a substantial number of slum, deteriorated, or deteriorating structures and conditions that lead to economic distress or endanger life or property by fire or other causes or one or more of the following factors that substantially impairs or arrests the sound growth of a county or municipality and is a menace to the public health, safety, morals or welfare in its present condition and use::• 1. Predominance of defective of inadequate street layout; 2. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. 3. Unsanitary of unsafe structured conditions. 4. Deterioration of site or other improvements; 5. Inadequate and outdated building density patterns; 6. Tax or special assessment delinquency exceeding the fair value of the land; 7. Inadequate transportation and parking facilities; and 8. Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or (b) An area in which there exists faulty or inadequate street layout; inadequate parking facilities; or roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the area, either at present or following proposed construction. 163.340 OMNI/CRA 02- 99 (C) "Community redevelopment" or "redevelopment" means undertakings, related activities, or projects or a county, municipality, or community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight, or for the reduction or prevention of crime, or for the provision of affordable housing, whether for rent or for sale, to residents of low or moderate income, including (also means others in need) the elderly, and may include slum clearance and redevelopment in a community redevelopment area or rehabilitation and revitalization of coastal resort and tourist areas that are deteriorating and economically distressed, or rehabilitation or conservation in a community redevelopment area, or any combination or part thereof, in accordance with a community redevelopment plan and may include the preparation of such a plan. 163.340 (D) "Community redevelopment area" means a slum area, a blighted area, or an area in which there is shortage of housing that is affordable to residents of low or moderate income, including the elderly, or a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate street layout, or a combination thereof which the governing body designates as appropriate for community redevelopment. 163.340 (E) "Community redevelopment plan" means a plan, as it exists from time to time, for a community redevelopment area. 163.340 (F) "Related activities" means: 1 . (a) Planning work for the preparation of a general neighborhood redevelopment plan of for the preparation or completion of a communitywide plan or program pursuant to s. 163.365. (b) The functions related to the acquisition and disposal of real property pursuant to s. 163.370(3). (Acquire property before approval of redevelopment plan if approved by the City and at the risk of the CR,4) (c) The development of affordable housing for residents of the area. (d) The development of community policing innovations. 163.340 IMPORTANT STATUTES AND SUBSTATUES OF THE ACT FOR AMENDING OR MODIFYING THE CRA REDEVELOPMENT PLAN (A) Encouragement of private enterprise. -- Any county or municipality, to the greatest extent it determines to be feasible in carrying out the provisions of this part, shall afford the maximum opportunity, consistent with the sound needs of the county or municipality as a whole, to the rehabilitation or redevelopment of the community redevelopment area by private enterprise. Any county or municipality shall give consideration to this objective in exercising its powers under this part, including the OMNI/CRA tie" 99 OWN ^'N II formulation of a workable program; the approval of community redevelopment plans, communitywide plans or programs for community redevelopment, and general neighborhood redevelopment plans (consistent with the general plan of the county or municipality); the development and implementation of community policing innovations; the exercise of its zoning powers; the enforcement of other laws, codes, and regulations relations to the use of land and the use and occupancy of buildings and improvements; the development of affordable housing; the disposition of any property acquired; and the provision of necessary public improvements. 163.345 (B) Notice to taxing authorities. —Before the governing body adopts any resolution or enacts any ordinance required under s. 163.355, s. 163.356, s. 163.357, or s. 163.387; creates a community redevelopment agency; approves, adopts, or amends a community redevelopment plan; or issues redevelopment revenues bonds under s. 163.385, the governing body must provide public notice of such proposed action pursuant to s. 125.66(2) or s. 166.041(3)(a) and, at least 15 days before such proposed action, mail by registered mail a notice to each taxing authority which levies ad valorem taxed on taxable real property contained within the geographic boundaries of the redevelopment area. �WOM Tel (C) Workable program. —Any county or municipality for the purposes of this part may formulate for the county or municipality a workable program for utilizing appropriate i private and public resources to eliminate and prevent the development or spread of slums and urban blight, to encourage needed community rehabilitation, to provide for the redevelopment for slum and blighted areas, to provide housing affordable to residents of low or moderate income, including the elderly, or to undertake such of the aforesaid activities or other feasible county or municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include provision for the prevention of the spread of blight into areas of the county or municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards; the rehabilitation or conversation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, Playgrounds, and other public improvements, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated structures; the development of affordable housing; the implementation of community policing innovations; and the clearance and redevelopment of slum and blighted areas or portions thereof. 163.350 (D) Power of taxing authority to tax or appropriate funds to a redevelopment trust fund in order to preserve and enhance the tax base of the authority. Notwithstanding any other provision of general or special law, the purposes for which a taxing authority may levy taxes or appropriate funds to a redevelopment trust fund include the preservation and enhancement of the tax base of such taxing authority and the furthering of the purposes of such taxing authority as provided by law. 163.353 oMNI/c 9 0 2 r II (E) Finding of necessity by county or municipality. —No county or municipality shall exercise the authority conferred by this part until after the governing body has adopted a resolution finding that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and, (2) The rehabilitation, conversation, or redevelopment, or a combination thereof, of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. 163.355 (I) Exercise of powers in carrying out community redevelopment and related activities. —The community redevelopment powers assigned to a community redevelopment agency created under s. 163.356 include all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, except the following, which continue to vest in the governing body of the county or municipality: (1) The power to determine an area to be a slum or blighted area, or combination thereof; to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto. 163.358 (G) Community redevelopment plans. — (1) Community redevelopment in a community redevelopment area shall not be planned or initiated unless the governing body has, by resolution, determined such area, a blighted area, or an area in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, or a combination thereof, and designated such area as appropriate for community redevelopment. (2) The community redevelopment plan shall: (a) Conform to the comprehensive plan for the county or municipality as prepared by the local planning agency under the Local Government Comprehensive Planning and Land Development Regulation Act. (b) Be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the community redevelopment area; zoning and planning changes, if any; land uses; maximum densities; and building requirements. OMNI/CR4 02- 99 II (c) Provide for the development of affordable housing in the area, or states the reasons for not addressing in the plan the development of affordable housing in the area. The county, municipality, or community redevelopment agency shall coordinate with each housing authority or other affordable housing entities functioning within the geographic boundaries of the redevelopment area, concerning the development of affordable housing in the area. (3) The community redevelopment plan may provide for the development and implementation of community policing innovations. (4) The county, municipality, or community redevelopment agency may itself prepare or cause to be prepared a community redevelopment plan, or any person or agency, public or private, may submit such a plan to a community redevelopment agency. Prior to its consideration of a community redevelopment plan, the community redevelopment agency shall submit such a plan to the local planning agency of the county or municipality for review and recommendations as to its conformity with the comprehensive plan for the development of the county or municipality as a whole. The local planning agency shall submit its written recommendations with respect to the conformity of the proposed community redevelopment plan to the community redevelopment agency within 60 days after receipt of the plan for review. Upon receipt of the recommendations of the local planning agency, or, if no recommendations are received within such 60 days, then without such recommendations, the community redevelopment agency may proceed with its consideration of the proposed community redevelopment plan. (5) The community redevelopment agency shall submit any community redevelopment plan it recommends for approval, together with its written recommendations, to the governing body and to each taxi'g authority (City and County) that levies ad valor taxes on taxable real property contained within the geographic boundaries of the redevelopment area. The governing body shall then proceed with the hearing on the proposed community redevelopment plan as prescribed by subsection (6). (6) The governing body shall hold a public hearing on a community redevelopment plan after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the county or municipality. The notice shall describe the time, date, place, and purpose of the hearing, identify generally the community redevelopment area covered by the plan, and outline the general scope of the community redevelopment plan under consideration. (7) Following such hearing, the governing body may approve the community redevelopment and the plan therefore if it finds that: (a) A feasible method exists for the location of families who will be displaced from the community redevelopment area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; o � 99 II (b) The community redevelopment plan conforms to the general plan of the county or municipality as a whole; (c) The community redevelopment plan gives due consideration to the utilization of community policing innovations, and to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the plans; (d) The community redevelopment plans will afford maximum opportunity, consistent with the sound needs of the county or municipality as a whole, for the rehabilitation or redevelopment of the community redevelopment area by private enterprise; and (e) The community redevelopment plan and resulting revitalization and redevelopment for a coastal tourist area that is deteriorating and economically distressed will reduce or maintain evacuation time, as appropriate, and ensure protection for property against exposure to natural disasters. (8) If the community redevelopment area consists of an area of open 1 to be acquired by the county or the municipality, such area may not be so acquired unless: (a) In the event the (open land) area is to be developed in whole or in part for residential uses, the governing body determines: 1. That a shortage of housing of sound standard and design which is decent, safe, affordable to residents of low or moderate income, including the elderly, and sanitary exists in the county or municipality; 2. That the need for housing accommodations has increased in the area; 3. That the conditions of blight in the area or the shortage of decent, safe, affordable, and sanitary housing cause or contribute to an increase in and spread of disease and crime or constitute a menace to the public health, safety, morals, or welfare; and 4. That the acquisition of the area for residential uses is an integral part of and is essential to the program of the county or municipality. (b) In the event the (open land) area is to be developed in whole or in part for nonresidential uses, the governing body determines that. 1. Such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives. OMNI/CRA 02- 99 M "'ONN" II 2. Acquisition may require the exercise of governmental action, as provided in this part. 3. Conditions of the blight in the area contribute to an increase in and spread of disease and crime or constitute a menace to public health, safety, morals or welfare. (9) Upon the approval by the governing body city of a community redevelopment plan or of any modification thereof, such plan or modification shall be deemed to be in full force and affect the respective community redevelopment area, and the municipality may then for cause the community redevelopment agency to carry out such plan or modification in accordance with its terms. 163.360 (H) Modification of community redevelopment plans. — (1) If at any time after the approval of a community redevelopment plan by the governing body it becomes necessary or desirable to amend or modify such plan, the governing body may amend such plan upon the recommendation of the agency. The agency recommendation to amend or modify a redevelopment plan may include a change in the boundaries of the redevelopment area to add land to or exclude land from the redevelopment area, or may include the development and implementation of community policing innovations. (2) The governing body shall hold a public hearing on a proposed modification of a community redevelopment plan after public notice thereof by publication in a newspaper having a general circulation in tye area of operation of the agency. (3) If a community redevelopment plan is modified by theme -or municipality after the lease or sale of real property in the community redevelopment area, such modification may be conditioned upon such approval of the owner, lessee, or successor in interest as the county or municipality may deem advisable and, in any event, shall be subject to such rights at law or in equity as a lessee or purchaser, or his or her successor or successors in interest, may be entitled to assert. 163.361 (I) Contents of community redevelopment plan. — Every community redevelopment shall: (1) Contain a legal description of the boundaries of the community redevelopment area and the reasons for establishing such boundaries shown in the plan. (Not applicable if the CRA Redevelopment Plan was approved before Chapter 84-356 became law) (2) Show by diagram and in general terms. ONM/CRA 02- 99 r II (a) The approximate amount of open space to be provided and the street layout. (b) Limitations on the type, size, height, number and proposed use of buildings. (c) The approximate number of dwelling units. (d) Such property as is intended for use as public parks, recreation areas, streets, public utilities, and public improvements of any nature. (3) If the redevelopment area contains low or moderate income housing, contain a neighborhood impact element which describes in detail the impact of the redevelopment area and the surrounding areas in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effect on school population, and other matters affecting the physical and social quality of the neighborhood. (Not applicable if the CRA Redevelopment Plan was approved before Chapter 84-356 became law.) (4) Identify specifically and publicly funded capital projects to be undertaken within the community redevelopment area. (Not applicable if the CRA Redevelopment Plan was approved before Chapter 84-356 became law.) (5) Contain adequate safeguards that the work of redevelopment will be carried out pursuant to the plan. (6) Provide for the retention of controls and the establishment of any restrictions or covenants running with land solot or leased for private use for such periods of time and under such conditions as the governing body deems necessary to effectuate the purposes of this part. (7) Provide assurances that there will be replacement housing for the relocation or persons temporarily or permanently displaced from housing facilities within the community redevelopment area. (8) Provide an element of residential use in the redevelopment area if such use exists in the area prior to the adoption of the plan or if the plan is intended to remedy a shortage of housing affordable to residents of low or moderate income, including the elderly, or if the plan is not intended to remedy such shortage, the reasons therefore. (Not applicable if the CRA Redevelopment Plan was approved before Chapter 84-356 became law) (9) Contain a detailed statement of the projected costs of the redevelopment, including the amount to be expended on publicly funded capital projects in the community redevelopment area and any indebtedness of the community redevelopment agency, the county, or the municipality proposed to be incurred for such redevelopment if such indebtedness is to be repaid with increment revenues. (Not applicable if the CRA Redevelopment Plan was approved before Chapter 84-356 became law.) ©MNI/CRA 02- 99