HomeMy WebLinkAboutCRA-R-21-0019 Substitution Memo from Executive DirectorSEOPW Board of Commissioners Meeting
July 22, 2021
SOUTHEAST OVERTOWN/PARK WES]
COMMUNITY REDEVELOPMENT AGENCY
INTER -OFFICE MEMORANDUM
To: Board Chair Jeffi-ey Watson Date: July 22, 2021 Fi ie:
Members of the SEOPW CRA Board
Subject: Resolution authorizing the arymd*-t ofAe
SEOPW Development of Region mpact
("DRI" ulncrement 3 credits. G�
I:rom: Cornelius Shiver References:
Executive Director
Enclosures:'..
BACKGROUND:
The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community
Redevelopment Agency (the "SEOPW CRA") authorizes the amendment of the SEOPW Development of
Regional Impact ("DRI")/ Increment 3 credits.
The Southeast Overtown/Park West Development of Regional Impact ("DRI") was created to mitigate regional
4W impacts of large-scale development and simplify the review process for large-scale developments in the City's
urban core through the "areawide DRI" process, as established by Florida Statutes §380.06 (10). The City of
Miami, having adopted this area -wide DRI, took over the entitlement process of DRIB for large-scale development,
especially related to transportation, thus advancing the SEOPW CRA goals of improving housing, economic
conditions, and eliminating slum and blight within the SEOPW CRA area. As a result, the CRA and the City of
Miami executed a Memorandum of Understanding establishing the SEOPW CPA as the "developer" of the DRI;
The DRI includes a specified development program for development within the east and west sides of the DRI.
Since the implementation of Increment III of the DRI, the SEOPW CRA has found that it is necessary to adjust
the development program between the east and west sides of the DRI in order to appropriately encourage and
facilitate the development of housing and employment opportunities within the DR1.
Kimley-Horn and Associates has prepared an analysis of the DRI dated April 12, 2021, based on the development
program provided by the City's Planning Department, that balances deficits of development credits using
exchange rates from Increment III of the DRI, attached as Exhibit A.
This rebalances surplus credits to land uses with a deficit in credits and identifying credits needed for future
anticipated development.
JUSTIFICATION:
Pursuant to Section 153.340(9), Florida Statutes, (the "Act") community redevelopment means "undertakings,
4W activities, or projects of a ... community redevelopment agency in a community redevelopment area for the
elimination and prevention of the development or spread of slums and blight...."
q,5q4 SubsilAon Me"o, om
✓e- Dire�u/
Section 2, Goal 2 at page 10 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency
Updated Plan (the "Updated Plan") lists "[e]xpand[ing] the Tax Base using Public -Private principles... for sound
real estate ... development, and creating viable commercial corridors within the SEOPW CRA..." as a stated
redevelopment goal.
Pursuant to Section 380.06, Florida Statutes, the DR] was established by a Development Order. The conditions of
the Development Order have been codified by Chapters 13 and 14 of the City of Miami Code. These conditions,
requiring that the development credits be balanced, bring the DRI into compliance with the Development Order
conditions. Further, the CRA is considered the "developer" of the DRI, pursuant to Sec. 380.06 (10) and
memorialized by a Memorandum of Understanding between the City of Miami and the CRA.
FUNDING:
An allocation of funding is not needed for this item.
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST
OVERTOWNIPARK WEST COMMUNITY REDEVELOPMENT AGENCY RECOMMENDING
AUTHORIZATION OF AMENDMENT OF SEOPW DEVELOPMENT OF REGIONAL IMPACT
("DRI"), INCREMENT 3 CREDITS; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXCUTE
ALL DOCUMENTS NECESSARY FOR SAID PURPOSE.
WHEREAS, the Southeast Overtown/Park West Community Redevelopment Agency
("SEOPW CRA") is a community redevelopment agency created pursuant to Chapter 163, Florida
Statutes, and is responsible for carrying out Community Redevelopment activities and projects
within its redevelopment area in accordance with the 2018 Southeast Overtown/Park West
Redevelopment Updated Plan (the "Updated Plan"); and
WHEREAS, under Florida Statutes, Section 163.340(9) of the Community Redevelopment
Act, (the "Act"), "community redevelopment means projects of a ... community redevelopment
agency in a community redevelopment area for the elimination and prevention of the development
or spread of slum and blight"; and
WHEREAS, the Southeast Overtown/Park West Development of Regional Impact ("DRI")
was created to simplify the review process for large-scale developments in the City's urban core
through the "areawide DRI" process, as established by Florida Statutes §380.06 (10); and
WHEREAS, the City of Miami, having adopted this area -wide DRI, took over the
entitlement process of DRIs for large-scale development, especially related to transportation, thus
4W advancing the SEOPW CRA goals of improving housing, economic conditions, and eliminating
slum and blight within the SEOPW CRA area; and
WHEREAS, the CRA and the City of Miami executed a Memorandum of Understanding
establishing the SEOPW CRA as the "developer" of the DRI; and
WHEREAS, the DRI includes a specified development program for development within
the east and west sides of the DRI; and
WHEREAS, since the implementation of Increment III of the DRI, the SEOPW CPA has
found that it is necessary to adjust the development program between the east and west sides of
the DRI in order to appropriately encourage and facilitate the development of housing and
employment opportunities within the DRI; and
WHEREAS, Kimley-Horn and Associates has prepared an analysis of the DRI dated April
12, 2021, based on the development program provided by the City"s Planning Department, that
balances deficits of development credits using exchange rates from Increment III of the DRI,
attached as Exhibit A; and
WHEREAS, this rebalances surplus credits to land uses with a deficit in credits and
identifying credits needed for future anticipated development; and
WHEREAS, Section 2, Goal 2 at page 10 of the 2018 Southeast Overtown/Park West
Community Redevelopment Agency Updated Plan (the "Updated Plan"} lists "[e]xpand[ing] the
Tax Base using Public -Privates principles... for sound real estate ... development, and creating
viable commercial corridors within the SEOPW CRA..." as a stated redevelopment goal; and
WHEREAS, pursuant to Section 380.06, Florida Statutes, the DRI was established by a
Development Order. The conditions of the Development Order have been codified by Chapters 13
and 14 of the City of Miami Code. These conditions, requiring that the development credits be
balanced, bring the DRI into compliance with the Development Order conditions. Further, the
SEEOPW CRA is considered the "developer" of the DRI, pursuant to Florida Statutes §380.06 (10)
and memorialized by a Memorandum of Understanding between the City of Miami and the
SEOPW CRA; and
WHEREAS, the Board of Commissioners finds that authorizing this Resolution would
further the SEOPW CRA redevelopment goals and objectives.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF MIAMI, FLORIDA.:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated herein as if fully set forth in this Section.
40 Section 2. The Board of Commissioners hereby authorizes the rebalancing of credits within
the DRI pursuant to the report prepared by Kimley-Horn and Associates dated April 12, 2021.
Section 3. The Executive Director is authorized to execute all documents necessary for said
purpose.
Section 5. This Resolution shall become effective immediately upon its adoption.
MIAMI � •
coml"Imull71
Redevele RI Agency
1AFhEA5Fi-VPnrj*N SM1rMWES" n F7rANi MIF#d��.4 FA#EN*AIS�RiC7 I AfIHCVWN
RICHARD P. DUNN 11
sEOP W Board Chair
Via Hand Delivery
April 1, 2010
Melissa Tapanes Llahues, Esq.
Bercow Radell & Fernandez, PA
Zoning, Land Use and Environmental Law
Wachovia Financial Center
200 South Biscayne Boulevard, Suite 850
Miami, Florida 33131
TAMES H. VILLACORTA
Executive Director
RE: Memorandum of Understanding between the CRA and the City of Miami
Dear Ms. Tapanes,
Enclosed please find two (2) fully executed originals of the Memorandum of Understanding
between the City of Miami and the CRA regarding Increment III of the Southeast OvertownlPark
West Development of Regional Impact.
Should you have any questions or concerns, please feel free to contact me at (305) 679-6807.
Very truly yours,
S. Watkins, Esq.
Staff Counsel
Enclosures
c: James H. Villacorta, CRA Executive Director
Chelsa Arscott, CRA Program Administrator
SOUTHEAST OVERTOWNIPARIC WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTC]WN
COMMUNITY REDEVELOPMENT,AGENCIES
49 N.W. 5'h Street, Ste. 1001 Miami, FL 331261 Telephone: (305) 679-6WO I Facsimile (305) 67"835
Email: cra@ci.miami.r.us,1 Wedsite: wvvw.miaml-ca.org
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF MIAMI, FLORIDA
AND CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY
REGARI)ING I VCRUMENT III OF THE
SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT
THIS MEMORANDUM OF 'UNDERSTANDING ("MOU") is -entered `into this
day of March, 2010, by and between CITY OF MIANII COMITY REDEVELOPMENT
AGENCY for Southeast Overtown Park West ("SEOPW") ("CRA"), and the CITY OF MIAMI,
FLORIDA, a municipal corporation and a political subdivision of the State of Florida ("City")
WITNESSETIR:
WHEREAS, the City of Miami adopted Resolution No. 88-110 approving the Master
Development Order for the Southeast Overtown Park West ("SEOPW") Areawide Development
of Regional Impact ("DRI") on February 11, 1988;
!WHEREAS, the City of Miami adopted Resolution No. 88-111 approving the SEOPW
DRI Increment I Development Order, including land uses and gross square footages, on February
11, 1988;
WHEREAS, the City of Miami adopted Resolution No. 92-609 approving the SEOPW
DRI Increment II Development Order on September 24, 1992;
WHEREAS, the City of Miami served as the developer and applicant in -the Master
Development Order, Increment I Development Order and Increment U Development Order;
VaUKREAS, the City of Miami Community Redevelopment Agency was established in
1995 fallowing approval of the Master Development Order, Increment I Development Order and
Increment II Development Order;
WHEREAS, Chapter 380.06, Florida Statutes, provides certain considerations for
general purpose local governments acting as a developer of an Areawide DRI;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the parties understand and agree to the following under the subject terms and conditions:
Section 1. The City of Miami and the CKA shall serve as co -applicants in all
applications, agreements and documents related to the application for development approval
(ADA) for Increment III of the SEOPW DRI.
Section 2. The CRA shall be solely responsible for all costs, expenses, fees, charges,
levies, and lawful impositions or levies of any hind associated with the ADA for Increment III of
the SEOPW DRI, including, without limitation, all application fees and consultant costs.
Section 3. The City of Miami acknowledges that the CRA commenced work related
to Increment III of the SEOPW DRI on at around September 8, 2008. This work has included
retention of consultants; community outreach; discussions with stakeholders and governmental
agencies, including representatives from the Southeast Overtown and Park West neighborhoods,
Miami Worldcenter Group, LLC, City of Miami planning and zoning staff, and South Florida
Regional Planning Council staff; as well as creation of the proposed development program and
related mitigation strategies. The City of Miami acknowledges and accepts that the ADA far
Increment III will propose the development program attached hereto as Exhibit A. The proposed
development program will be considered through the public hearing process by the City of
Miami and/or its boards, departments or agencies, acting in their governmental capacity in the
exercise of the police power under the City of Miami's jurisdiction.
Section 4. The CRA represents, warrants and agrees to indemnify, defend and hold
harmless the City of Miami, its elected officials, agents and employees, harmless from any
liability, cost, fee, expense, liability, judgment, decree, imposition, levy, action, imposition,
assessment, damage or claim of any nature or kind arising from of the processing of the ADA for
Increment III of the SEOPW DRI.
Section 5. The Parties agree to cooperate with each other to the full extent reasonably
practicable to process and obtain approvals for Increment III of the SEOPW DRI. The Parties
agree that time is of the essence in all aspects of their respective and mutual responsibilities
pursuant to this understanding. The City shall use its best efforts to expedite to the extent
reasonably practical the requests from the CRA to the extent permitted by law. In addition, the
City Planning Director will designate an individual within the Planning Department who will
have a primary (though not exclusive) task to serve as the CRA's point of contact and liaison in
order to facilitate expediting the CMs requests.
Section 5. The Parties hereto recognize and agree that the processing and approval of
the ADA for Increment III of the SEOPW DRI requires the City of Miami and/or its boards,
departments or agencies, acting in their governmental capacity, to consider governmental
actions. All such considerations and actions shall be undertaken in accordance with established
requirements of state statutes and municipal ordinances, in the exercise of the City of Miami's
jurisdiction under the police power. nothing in this Memorandum of Understanding shall be
construed to prohibit the City of Miami from duly acting under its police power to approve,
approve with conditions, or reject any public hearing application dealing with the SEOPW DRI.
This Memorandum of Understanding does not in any way constitute an approval of Increment III
of the SEOPW DRI.
Section 7. This MOLT constitutes the full, complete and final Agreement between the
parties as to its subject matter. It may only be amended by an approved amendment signed by
authorized officials of the respective parties. This MOU supersedes all prior and
contemporaneous oral communications, contracts, memorandums, writings or other exchanges
between the parties as to its subj ect matter.
Section -S. This Agreement shall have a term of three (3) years from execution or when
Increment III of the SEOPW DRI is approved, whichever occurs first.
2
Section 9, All noticed pursuant to this Agreement shall be in writing and shall be
delivered by hand or by the United States Postal Service, certified mail service, postage prepaid,
return receipt requested, addressed to the following addresses of record:
FOR THE CITY:
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
With copy to:
City Attorney
Miami Riverside Center
444 S.W. 2nd Ave., 9th Floor
Miami, Florida 33130
FOR THE CRA.:
Executive Director
City of Miami Community Redevelopment Agency
49 NW 5th Street, Suite 100
Miami, Florida 33147
With copy to:
Jeffrey Bercow, Esq.
Bercow Radell & Fernandez, P.A.
200 South Biscayne Boulevard, Suite 850
Miami, Florida 33131
NOW, WHEREOF, the City and the CRA have caused this Memorandum of
Understanding to be duly executed.
SIGNATURES TO FOLLOW
3
CITY OF MIAMI, FLORIDA
By.
Carlos A. Migoya
City Manager
Approved as to legal Form:
Julie 0. Bru, Est}., xty Attorney
Um
Planning Director
Date:
CITY OF NULAW CUMMuNITY REDEVELOPMENT AGENCY
By:
ames Villacorta
Execs Live Director
Approved as to Legal Form:
JeA�Ieriow, Esq., CRA Special Counsel
Date: -� /13/11
4
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•
EXH[Brr A
SEOPW DRI
Pro used Develo mertt Pro ram far Increment III
Use
a ARS
Increment IN Proposed
Development Pro ram
office
SF
Z300,000
Retail
SF
1,250,000
Residential
DU
4,000
Hotel
ROoms
2,10D
Recreallan
Seats
8,0013
Convention
5F
200,000