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HomeMy WebLinkAboutSubmittal Sect. 163.335 FL. StatutesStatutes & Constitution :View Statutes :->2005->Ch0163->Section 335 : Online Sunshine Page 1 of 2 --� ` Z- - 17 Select Year: 2005 The 2005 Florida Statutes Go Subm` 'in'd IntoIntoI`nti nub%%C is 1 y record �co' 4' a 2• '� item Thompson Priscilla A. City Clerk Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.335 Findings and declarations of necessity.-- (1) It is hereby found and declared that there exist in counties and municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound growth, retards the provision of housing accommodations, aggravates traffic problems, and substantially hampers the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of state policy and state concern in order that the state and its counties and municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities. (2) It is further found and declared that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this part, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this part, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils enumerated may be eliminated, remedied, or prevented; and that salvageable slum and blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized and the cooperation and voluntary action of the owners and tenants of property in such areas. (3) It is further found and declared that the powers conferred by this part are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised, and the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination. (4) It is further found that coastal resort and tourist areas or portions thereof which are deteriorating and economically distressed due to building density patterns, inadequate transportation and parking facilities, faulty lot layout, or inadequate street layout, could, through the means provided in this part, be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community. (5 ��/�?.(� GS D/S3lti OS D153 �' D3 http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search Strin... 07/27/2006 Statutes & Constitution :View Statutes :->2005->Ch0163->Section 335 : Online Sunshine Page 2 of 2 (5) It is further found and declared that the preservation or enhancement of the tax base from which a taxing authority realizes tax revenues is essential to its existence and financial health; that the preservation and enhancement of such tax base is implicit in the purposes for which a taxing authority is established; that tax increment financing is an effective method of achieving such preservation and enhancement in areas in which such tax base is declining; that community redevelopment in such areas, when complete, will enhance such tax base and provide increased tax revenues to all affected taxing authorities, increasing their ability to accomplish their other respective purposes; and that the preservation and enhancement of the tax base in such areas through tax increment financing and the levying of taxes by such taxing authorities therefor and the appropriation of funds to a redevelopment trust fund bears a substantial relation to the purposes of such taxing authorities and is for their respective purposes and concerns. This subsection does not apply in any jurisdiction where the community redevelopment agency validated bonds as of April 30, 1984. (6) It is further found and declared that there exists in counties and municipalities of the state a severe shortage of housing affordable to residents of low or moderate income, including the elderly; that the existence of such condition affects the health, safety, and welfare of the residents of such counties and municipalities and retards their growth and economic and social development; and that the elimination or improvement of such condition is a proper matter of state policy and state concern and is for a valid and desirable public purpose. History.--s. 2, ch. 69-305; ss. 1, 22, ch. 84-356; s. 1, ch. 98-201. Copyright ® 1995-2006 The Florida Legislature • Privacy Statement • Contact Us Submitted Into the public record in connect: n ith item` 2•la-��1 on � o . Priscilla A. Th mpson City Clerk http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search Strin... 07/27/2006 FACT SHEET Submitted Int,7 the public record in connection v ith item PZ 1-lion Priscilla A. Thompson City Clerk FACT 1. The CRA Redevelopment Area was created by Miami -Dade County through County Resolution R-1117-69 enacted in 1969 (37 years ago) to remove the existing slum/blight conditions of the parcels of properties located within the area because it had a major negative impact to existing residents and was a drain to City and County Funds. 2. It is without a doubt that redevelopment taking place within a CRA Redevelopment Area will under zoning changes specifically because existing zoning was not getting the desired response from investors resulting in an area that remained desolate while other areas throughout the City is experiencing astounding development growth. The 2004 Southeast Overtown Park West Redevelopment Plan specifies that "zoning and other development regulations must be reworked to yield the results envisioned in this [2004] Community Redevelopment Plan" (See page 2.8 of the 2004 Southeast Overtown Park West Redevelopment Plan — "guiding principle #13") 3. In 1969, the two major issues identified by constituents were the need for a significant number of affordable housing units (rental units and homeownership opportunities) and job creation. In 1982 when the CRA Redevelopment Plan was first adopted, these same two major issues were again highlighted. In the 2004 Redevelopment Plan, the same two issues are being brought to light. The community has been consistent with its demand for affordable housing for the past 37 years (see page 2.5 of the 2004 Southeast Overtown Park West Redevelopment Plan — "guiding principle #1 and #2") Submitted Into the public record in connccti n with RESPONSE TO ZONING ANALYSIS item P non' �t o� Priscilla A. Thompson City Clerk Response to Zoning Findings: I. AREAS SURROUNDING SUBJECT PROPERTIES ARE ZONED R-3 RESIDENTIAL: The subject properties are located within a community redevelopment area which is undergoing redevelopment changes. The Masterplan for the Redevelopment Area was recently updated as of 2004 which provides for new zoning changes on the subject properties allowing an expansion of zoning to the SD-16 zoning. A review of aerial maps of the subject area shows that most of the properties within the zoning scope for this zoning item are vacant land. The majority of the properties located within the zoning scope are owned by one entity, the applicant of this zoning application. 2. IT IS FOUND THAT THE CHARACTER OF THIS SECTION OF NW 12 STREET IS RESIDENTIAL, SPECIFICALLY R-3 "MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL.": Numerous planning studies and working sessions with stakeholders of the Overtown community have been conducted by community organizations, the Southeast Overtown/Park West Community Redevelopment Agency and the City of Miami and the results from each of these meetings have been the same. There is an urgent need for affordable housing in this community. According to the 2004 Southeast Overtown Park West Redevelopment Plan, one of the majors goals of the CRA is to push projects that "include a significant residential component preferably owner occupied; one desire is to repopulate the area and to correct the imbalance of renters versus owners" (See page 4.2 of the 2004 Southeast Overtown Parkwest Redevelopment Plan). Already one of the two largest rental complexes within the immediate area has been condo converted under the name "The Madison" with price ranges of $210,900 for a 1 Bedroom/1 Bathroom unit up to $290,000. As the condo conversion market continues to flourish there will be an even greater need for alternative affordable units including rental units. The R-3 designation only allows for 65 units per acre whereas the SD-16 designation would increase the units to 300 units per acre thus providing a significant affordable housing impact which the community has demanded and for which there is an urgent need. With increased residential units there will be a need for increased service oriented businesses which will also stimulate the local economy and create new jobs for residents of the community. The SD-16 designation would allow a mix -use project to be developed where service oriented businesses can be located within convenient walking distance to residents. These types of redevelopment projects are the purpose behind F.S. 163 — the Community Redevelopment Act of 1969 which is the ultimate mission of the Southeast Overtown Park West Community Redevelopment Agency of which this area is part of. 3. SD-16 DESIGNATION WOULD PROMOTE A MIX OR MARKET RATE AND AFFORDABLE HOUSING UNIT TYPES INCLUDING RENTAL UNITS, OWNERSHIP UNITS, MULTIFAMILY UNITS. This is correct and is incorporated in the 2004 Redevelopment Plan. 4. BACKUP DOCUMENTATION TO THIS ZONING APPLICATION DOES NOT DEMONSTRATE SUFFICIENT ASSURANCES THAT APPLICANT WILL COMPLY WITH REQUIREMENT FOR SOUND URBAN DESIGN, ATTRACTIVE BUILDINGS AND STREETSCAPES CONSISTED WITH THE CRA REDEVELOPMENT PLAN: The CRA Redevelopment Plan calls for up -zoning along NW 1st Avenue which is consistent with this zoning application. There will be several opportunities for the City Commission to approve and refine this project as it moves through the various permitting stages ensuring that the project meet the requirements for sound urban design and is consistent with the 2004 CRA Redevelopment Plan. 5. R3 DESIGNATION ALLOWS FOR 65 UNITS PER ACRE WHILE SD- 16 DESIGNATION ALLOWS FOR 300 UNITS PER ACRE: See response to item # 2 above. 6. MNCP GOAL LU-1 MAINTAINS A LAND USE PATTERN THAT PROTTECTS AND ENHANCE THE QUALITY OF LIFE IN THE CITY'S RESIDENTIAL NEIGHBORHOODS AND PROMOTES THE EFFICIENT USE OF LAND AND MINIMIZE LAND USE CONFLICTS. The subject properties are located within a redevelopment area. The mission of the CRA is to redevelop areas located within its boundaries specifically because existing land use patterns DOES NOT protect and enhance the quality of life of the City' residential neighborhoods. The purpose of this zoning application is not to maintain the slum and blight condition that currently exists on this and numerous parcels of lands throughout Overtown, but to redevelop these properties using sound zoning practices consistent with the CRA Redevelopment Plan and following the intent of F.S. 163 of which these subject properties are part of. 7. POLICY LU-1.1.3 PROVIDES FOR PROTECTION OF ALL AREAS OF THE CITY FROM ENCROACHMENT OF INCOMPATIBLE LAND USES. The 2004 Redevelopment Plan outlines recommended zoning changes to ensure that the entire Southeast Overtown Park West Redevelopment Area is consistently developed using sound urban design principles eliminating the mixture of incompatible land uses. This zoning application is consistent with the CRA Redevelopment Plan. Response to Zoning Checklist: Submitted Into the public record in cc ;n e. n ith item ,-. .. 1,7-1 c n Epson City Clerk 1. Is zoning request related to adjacent and nearby districts? YES — This zoning request is consistent with the 2004 CRA Redevelopment Plan which recommends an increase in zoning to accommodate affordable mix -use residential projects, has been approved by the Planning Advisory Board, the Zoning Board, the City of Miami and Miami -Dade County and is consistent with the demands from Overtown stakeholders. The City of Miami already have properties surrounding this area zoned SD-16. 2. Is zoning request within scale with needs of neighborhood or City? YES — The CRA, City and local community organizations have held countless workshops and planning sessions to discuss the needs of the Overtown neighborhood and the number one issue is the need for affordable housing and jobs in the area. This zoning request would positively respond to the community's most important needs by providing a significant affordable housing impact and creating jobs both in the short term during construction and long term once established businesses move into the commercial units within the proposed mix -use project(s). 3. Does zoning request maintain similar population density pattern? NO — However, the CRA Redevelopment identifies the lack of population density as a major problem and the need to create new housing so that former residents and new residents can relocate to the Overtown neighborhood. This zoning request is consistent with the CRA Redevelopment Plan Update which calls for the re -population of the Overtown neighborhood and the creation of a true urban space. The Overtown neighborhood is an ideal location for a significant creation of affordable housing units which is urgently needed within the City of Miami. 4. Is this zoning request a result of changes or changing conditions that make change necessary? YES — This is the purpose of the Redevelopment Area. The City of Miami and Miami -Dade County determined that the subject area is in dire state and that immediate changes are necessary to maintain decent living conditions. The State authorized the creation of the Southeast Overtown Park West Community Redevelopment Area upon the findings of necessity submitted by Miami -Dade County in 1969. Unfortunately, since the designation of the Redevelopment Area, 29 years ago, the City of Miami have done nothing to enable the successive redevelopment of the Overtown neighborhood. A quick glance at living conditions in many of the questionable residential units within the Overtown neighborhood would show that the majority of residents are living in deplorable conditions, unsafe structures (as documented by Code Enforcement), illegal activities taking place along the public street (illegal drugs, prostitution, vandalism, burglaries, homicides etc) with many residents unemployed and without the means to even maintain their own health. Submitted Into the public record in connecthn with item 1 Z /A-l10n Prsci►ia A. Th`dmpson City Clerk Submitted into the public - record t cc or cti with item - ?_J1cn • Priscilla A. Tho ors 5. Will this zoning request and resulting project positively influence ciikocierk conditions in the neighborhood? YES - More unsightly, unsafe buildings will be torn down and replaced with functional mix -used residential units that provide safe affordable housing to residents while creating jobs in the community. New residential units promote a sense of pride within residents and they are more eager to maintain their comfortable well-being and serve as community "caretakers" to ensure that negative influences does not converge on their newly found sense of security and freedom. 6. Will this zoning request impact traffic? Does it affect public safety? NO This zoning application will not significantly impact traffic and will not create an unsafe environment for the public. The CRA Redevelopment Plan calls for an urban space which promotes pedestrian activities throughout the Redevelopment Area. The subject properties are located within convenient walking distance to existing modes of transportation (i.e., MetroMover, Buses, MetroRail, Greyhound station etc) and future residents will take advantage of these cheaper and more convenient way to traverse the city. 7. Will this zoning request impact on drainage? YES — This area is located within the CRA Redevelopment Area. The CRA and the City of Miami has already made commitments to improve the infrastructure in the area to accommodate new projects. This zoning application will not have a major impact on drainage. 8. Will this zoning request impact on light and air to adjacent areas? YES With every new development there is some impact to light and air to adjacent areas. This project will not create a significant impact yet will provide a substantial benefit to the community in removing slum and blighted areas that may serve as festering grounds for illegal activities that may be more injurious to the community and development of these sites will provide affordable housing that is much needed in this community. 9. Will this zoning impact property values in adjacent areas? YES — Currently, as evident by the aerial maps provided in this zoning package, the majority of the properties are vacant cleared lots within this zoning scope. As new projects get built, the increased ad valorem taxes are transferred from the City and the County to the CRA accounts to further redevelopment in the area. Which each funded project property values within the redevelopment area will rise and continue to rise until the redevelopment area is fully or substantially developed or when the CRA sunsets. 10. Will this zoning request contribute to improvement or development of adjacent areas? YES — There are many parcels of land in Overtown that are being held by investors ready to move forward with development. Unfortunately, the City of Miami has deterred many of these investors by the slow responses to developers requests for zoning changes even those changes consistent with the 2004 CRA Redevelopment Plan that have been approved by the City of Miami and that has been approved subject to final negotiations with Miami -Dade County this month. If this zoning application is approved, it would send a strong signal to the development community that the City is serious about redeveloping the Overtown neighborhood and would result in an increase in development/redevelopment activities within the Overtown neighborhood. 11. Does this zoning request convey same treatment as to owners within same classification? YES — The City of Miami has already changed the zoning on its own parcels to SD-16 zoning and on parcels owned by the CRA (i.e., Block 45, 46, 55, 56, 25). The approved 2004 Redevelopment Plan promotes mix -use residential projects under the SD-16 designation consistent with this zoning application 12. Are the subject properties under this zoning application unfairly limited under existing zoning? YES — Again, under the premise of the CRA Redevelopment Plan, investors entered the local Overtown real estate market and began acquiring properties to develop consistent with the Redevelopment Plan. The applicant submitting this zoning application invested significant funds researching the subject area and plans, attended numerous planning sessions, hired consultants, acquired properties, addressed costly code enforcement issues, spent thousands in relocation assistance funds, took a significant loss on rental income from the inventoried rental properties all for the sole purpose of achieving the ultimate goal of redeveloping the subject properties for a mix -use project consistent with the CRA Redevelopment Plan. 13. Is it difficult to find other adequate sites in surrounding area? YES — Following the guidelines of the CRA Redevelopment Plan which highlights the desires of the Overtown stakeholders, the subject properties are the ideal location for this zoning request. Any other parcel would be inconsistent with the zoning recommendation provided for in the Redevelopment Plan, would be out of scale and character with the neighborhood and would create an uproar in the community. Submitted Into the public record in connocti•n ith item j,/2 /7on 1 ? 1 of Priscilla A. Thompson City Clerk Submitted Into the public record in conno t Qrl with item Fz. i --i 1 on My comments Priscilla A. Thompson City Clerk I am a resident and property owner at 410 NW 19 Terrace. The problem that I see that is preventing development in Overtown and impairing this zoning application is this lack of urgency from the City's staff which is in direct contradiction to the mission and goals of the existing entity (the Southeast Overtown Park West Community Redevelopment Agency "CRA") that oversee redevelopment efforts in the Overtown neighborhood. This area, which these parcels are part of, are located within the CRA Boundaries, an area created under F.S. 163 Part III, the Community Redevelopment Act of 1969. To obtain this designation, Miami -Dade County had to submit to the state a finding and declaration of necessity, of urgency. This URGENT finding was submitted by Miami -Dade County (Resolution R-1117-69) in 1969 (37 years ago!!) That is how long Overtown has waited for development opportunities — 37 years to date while today, ever single neighborhood in the City of Miami have experience developmental growth. I have provided each commissioner with a copy of the F.S. definition of "findings of necessity" and I will read a summary into the record: The county had to provide statistical information confirming such findings to the state. 1) It is hereby found and declared that there exist in counties and municipalities of the state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound growth, retards the provision of housing accommodations.... and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities. 6) It is further found and declared that there exists in counties and municipalities of the state a severe shortage of housing affordable to residents of low or moderate income, including the elderly; that the existence of such condition affects the health, safety, and welfare of the residents of such counties and municipalities and retards their growth and economic and social development; and that the elimination or improvement of such condition is a proper matter of state policy and state concern and is for a valid and desirable public purpose. The governing planning document for this area is the 2004 Southeast Overtown Redevelopment Plan which the City of Miami approved in 2005. Throughout the planning process, representatives of the City's Planning and Zoning department have been in attendance to every meeting and working session. Each draft of the redevelopment plan as well as the final plan was submitted to the Planning and Zoning Department for review and all recommended changes have been incorporated into the 2004 Redevelopment Plan. The County, just this month, also approved the 2004 Redevelopment Plan subject to final negotiations with the City. It is unfortunate that the Planning Department is now recommending denial on this zoning application which is consistent with the CRA Redevelopment Plan that the department approved. This CRA Plan incorporates the intent, the desires, the demands of Overtown residents, property owners, investors and other stakeholders. It is very very clear on what type of projects is envisioned for NW 1st Avenue and the properties one block west of NW 1st Avenue from NW 10th Street to I-395. The renderings from this approved CRA Plan shows buildings that exceed the R-3 zoning designation that currently allows for 65, units per acre. This community has vocalized over 37 years that there is an urgent need to INCREASE affordable housing units (both rental and homeownership) in this area. It is now 2006. 65 units per acre is no longer enough to accommodate today's housing needs. The city of Miami has thousands of residents who cannot afford a home, cannot afford today's market rate rental payments andtodaq.,ate being relotat d from their substandard living conditions due to condo conversion, the demolition of unsafe structures or the transfer of property ownership to investors. In the Redevelopment plan, there are several requests to the City including: 1. Working with the CRA and the local community to immediately rework the zoning so that the projects and design principles outlined by the CRA Plan can begin to take shape. According to F.S. 163.370 the City has the powers to zone or rezone any part of the public body consistent with the Redevelopment Plan. This planning process which began in 2002 was the basis for many investment transactions taking place in Overtown and these delays by the City to fashion the zoning so that the planned redevelopment activities can take place may potentially be a source for budding lawsuits. During my spare time, I have countered all the reasons that the Planning Department outlined for their recommendation of denial using information from the legislation that created the Community Redevelopment Area and through citations from the 2004 Redevelopment Plan that this City Commission approved and adopted. You now have copies in front of you and I hope that you each take a few minutes to review my responses and see why an approval on items 12-17 is warranted. Submitted Into the public record in connect' with item ?Z.r.2r7on I a#tIot, Priscilla A. Tho pson City Clerk