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HomeMy WebLinkAboutPAB LegislationDRAFT 5/2/06 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A DEVELOPMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI, FLORIDA, A MUNICIPAL CORPORATION ("CITY") AND CHARITY UNLIMITED OF FLORIDA ("CAMILLUS HOUSE" OR "APPLICANT"), WITH JOINDERS BY THE FLORIDA DEPARTMENT OF TRANSPORTATION ("FDOT") AND THE UNIVERSITY OF MIAMI ("UM"); CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ..Body WHEREAS, the property legally described in attached Exhibit "A" (the "Property") is comprised of two (2) parcels, the Glass Houses Property owned by UM and the South FDOT Property controlled by FDOT; and WHEREAS; Camillus House will acquire a leasehold interest in the Property, which is located in the City, in Miami -Dade County, Florida; 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. 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, set forth in sections 163.3220--163.3243, Florida Statutes, (the "Act") 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 this Agreement, having fully considered this Agreement at two duly conducted public hearings in compliance with Section 163.3225 of the Act, having 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 having further determined that it is in the City's best interest 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, all capitalized terms used in this Introduction and Background are defined in Section 3 or elsewhere in this Agreement; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on May --, 2006 Item No. --, following an advertised public hearing, adopted Resolution No. PAB *- * 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 enter into a Development Agreement in substantially the form attached (See "Exhibit A") between the City of Miami, Florida, a municipal corporation ("city") and Charity Unlimited of Florida ("Camillus House" or "applicant"). Section 3. In the event that any portion or section of this Resolution or the Development Agreement ("Exhibit A") 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 Development Agreement ("Exhibit A") which shall remain in full force and effect. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. I i APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY ..Footnote { 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. 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.