HomeMy WebLinkAboutCC LegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami_fl.us
File Number: 06-00799zt Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND CHARITY UNLIMITED OF FLORIDA, FOR THE PURPOSE
OF IMPLEMENTING A HOMELESS PLAN.
WHEREAS, Charity Unlimited of Florida ("Camillus House") will acquire a leasehold interest in
certain property in the City of Miami ("City") in Miami -Dade County, Florida, legally described on
Exhibit "A" also known as the "Property"; and
WHEREAS, the City is desirous of implementing a Homeless Plan ("City's Homeless Plan");
and
WHEREAS, Camillus House intends to develop and construct a building on the Property to
provide a continuum of services including, but not limited to, emergency, transitional and permanent
housing; food, day shelter services, and outreach services; substance abuse treatment; individual
assistance and homeless prevention; work training and community -wide health care (collectively,
"Camillus House's Mission") and be an integral part of the City's Homeless Plan; and
WHEREAS, the City is a Florida municipal corporation with powers and authority conferred
under the Florida Constitution, the Municipal Home Rule Powers Act, Florida Statutes and the City of
Miami Charter, City Code and Zoning Code; and
WHEREAS, The City has all governmental, corporate and proprietary powers to enable it to
conduct municipal services, including the authority to adopt, implement and enforce (together with any
other required governmental approvals) comprehensive plans, zoning ordinances, redevelopment
plans and other police power and legislative measures necessary to assure the health, safety and
general welfare of City and its inhabitants; and
WHEREAS, the Florida Local Government Development Agreement Act (the "Act"), set forth in
sections 163.3220-163.3243, Florida Statutes, provides for the execution of development agreements
to insure that the law in effect at the time of the execution of the development agreement shall govern
the development of the land for the duration of the agreement; and
WHEREAS, the City has determined to enter into a Development Agreement ("Agreement")
that is in conformity with the Act; and
WHEREAS, the City, having fully considered this Agreement at two duly conducted public
hearings in compliance with Section 163.3225 of the Act, has determined that the proposed
development that is described in this Agreement and this Agreement are in compliance with the
Comprehensive Plan and the City's land development regulations as of the date of the approval of this
Agreement at the second public hearing, and has further determined that it is in the City's best interest
City of Miami
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File Number. O6-OO799zt
to deal with the issues covered by the Agreement in a comprehensive manner, in compliance with all
applicable laws, ordinances, plans, rules and regulations of the City, while allowing the Owner to
proceed in the development of the proposed development in accordance with existing laws and
policies, subject to the terms hereof, and
WHEREAS, the City has broad authority to conduct municipal government, perform municipal
functions, render municipal services, and exercise any power for municipal purposes, except when
expressly prohibited by law, pursuant to Section 166.021(1), Florida Statues; and
WHEREAS, the City has determined that the proposed use on the Property and the Camillus
House's Mission will have certain benefits to the City including, but not limited to, Camillus House
carrying out key components of the City's Homeless Plan; and
WHEREAS, Camillus House shall proceed to obtain the following City public hearing approvals,
which are collectively referred to as the "Camillus Approvals":
(i) Special Exception to allow use as a Rescue Mission;
(ii) Rezoning of Property to C-2 to allow use as a Community Based Residential Facility
and for Transitional Housing;
(iii) Amend the City's comprehensive plan from Industrial to Commercial allow for a
Community Based Residential Facility and for Transitional Housing;
(iv) Special Exception to allow Community Based Residential Facility;
(v) Closure of any alleys or rights of way located on the Property;
(vi) Special Exception for a kennel; and
WHEREAS, the Miami Planning Advisory Board, at its meeting held on May 17, 2006 Item No.
-, following an advertised public hearing, adopted Resolution No. PAB 06-0-- by a vote of - to - (-),
recommending - of the proposed development agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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 as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized to execute an Agreement, in substantially
the attached form ("Exhibit B") between the City and Camillus House.
Section 3. In the event that any portion or section of this Resolution or the Agreement ("Exhibit
B") is determined to be invalid, illegal, or unconstitutional by a court or agency of competent
jurisdiction, such decision shall in no manner affect the remaining portions of this Resolution or
Agreement ("Exhibit B") which shall remain in full force and effect.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
City of Miami
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File Number; O6-00799zi
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
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