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BCRCOW & RADELL
ZONING, LAND UBE ANO ENVIiioNMENTAL LAW
DIRECT LINE: (305j 377-6220
E-Mail: Jbercow®BRZoningLaw.com
VIA FACSIMILE & U.S. MAIL
December 3, 2004
Mr. Frank K. Rollason
Executive Director
City of Miami Community Redevelopment Agency
49 NW 5th Street, Suite 100
Miami, FL 33128
Re: Southeast Overtown Park West
Development of Regional Impact Development Order
Miscellaneous Consulting Services
Dear Mr. Rollason:
Thank you for asking us to provide you with a comprehensive proposal to
provide consulting services to the City of Miami Community Redevelopment Agency with
regard to a comprehensive update of the Southeast Overtown Park West (SEOPW)
Development of Regional Impact (DRI) Development Order, impact fee ordinance, and
related issues. Our proposed scope of services, fees and schedule are outlined below.
Consultant Team. The Consultant Team consists of our law firm, The Curtis
and Kimball Company, Cathy Sweetapple and Associates, and Lambert Advisory Group.
The Consultant Team will provide comprehensive professional consulting services that will
cover strategic planning, economic analysis, transportation planning, traffic engineering
services, and legal services, in order to assist the CRA and City of Miami staff with regard
to several topics that are each related to the SEOPW DRI Development Order.
We propose to divide our services into several phases, as set forth below.
During each of these phases, the Consultant Team will meet with you and the City of
Miami staff to review our work product. The Consultant Team will provide public hearing
support, which may include the CRA, City of Miami Planning Advisory Board, and the
City of Miami City Commission, as necessary during each phase.
PHASE I - DRI FEE
Scope of Services. The Consultant Team will draft revisions to the existing
Development Impact Fee Ordinance (Article III, Southeast Overtown/Park West
WACHOVIA FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.5222
Mr. Frank K. Rollason
December 3, 2004
Page 2
Development Supplemental Fee) found in Sections 13-96 to 13-108 of the City of Miami
Code of Ordinances. Our efforts will incorporate updated transportation and air quality
fees, updated DRI Administration and Master Plan/Recovery fees. We will base the
updated fees upon revisions to the SEOPW DRI Development Order, new information from
the City of Miami Planning Department, and adjustments based upon the consumer price
index.
Schedule. Approximately six weeks will be required to complete a draft of
the revised Development Impact Fee Ordinance. The draft will be transmitted to you and
the City of Miami for review and comment. Once the comments are received,
approximately two weeks will be required to incorporate the edits into a final draft. The
final draft will then be forwarded to City staff and placed on the appropriate public hearing
agendas for approval.
Fee. The Consultant Team proposes to charge the CRA the lump sum fee
payments set forth below, plus typical reimbursables.
The Curtis and Kimball Company $7,000
Cathy Sweetapple and Associates $7,500
Lambert Advisory Group $4,000
Bercow & Radell $10,000
Total $28,500
PHASE II -- INCREMENTS I AND II
Scope of Services. Review and analyze the CRA's 2004 SEOPW
Redevelopment Plan, and analyze supply and demand and other market issues in order to
determine adequacy of existing Increment I and Increment II entitlenients. Based upon
such review, recommend changes to Increment i and Increment II development programs.
Apply for, and process, amendment to DRI Development Order accordingly.
Schedule. Approximately one month will be required in order to complete
the review and analysis described in this phase. We will then meet with CRA and City of
Miami staff to present our preliminary findings and recommendations. Once we have
received your concurrence with the recommended changes, an application to amend the
SEOPW DRI Development Order, called a Notification of Proposed Change (NOPC) will be
prepared and submitted to City staff, and placed on the appropriate public hearing agendas
for approval.
Fee. The Consultant Team proposes to charge the CRA the lump sum fee
payments set forth below, phis typical reimbursables.
BERCOW & RADELL
1501411.1.11. LAND usa AND .Nvlao.NfNTAL LAW
Mr. Frank K. Rollason
December 3, 2004
Page 3
The Curtis and Kimball Company $2,500
Cathy Sweetapple and Associates $2,500
Lambert Advisory Group $7,Q00
Bercow & Radell $10,000
Total $22,000
PHASE III - INCREMENT III
Scope of Services. Review and analyze the CRA's 2004 SEOPW
Redevelopment Plan, and analyze supply and demand and other market issues, and
currently proposed Increment iIl entitlements, in order to determine whether modifications
to proposed Increment III are necessary.
Schedule. We will require approximately one month for the review and
analysis contemplated by this phase. We will meet with CRA and City of Miami staff to
present our preliminary findings and analysis. Once we have received all comments,
approximately two weeks will be required to incorporate the edits into our final
recommendation for Phase III.
Fee. The Consultant Team proposes to charge the CRA the lump sum fee
payments set forth below, plus typical reimbursables.
The Curtis and Kimball Company $2,500
Lambert Advisory Group $7,000
Bercow & Radell $2,500
Total $12,000
•
PHASE IV - BOUNDARIES
Scope of Services. Review and analyze the CRA's 2004 SEOPW
Redevelopment Plan, and analyze supply and demand and other market issues, and
current DRI boundaries and newly expanded SEOPW CRA boundaries, in order to
determine whether it is necessary to expand the DRI boundaries for Increment III.
Schedule. We will require approximately one month for the review and
analysis contemplated by this phase. We will meet with CRA and City of Miami staff to
present our preliminary findings and analysis. Once we have received all comments,
approximately two weeks will be required to incorporate the edits into our final
recommendation for Phase IV.
BERCoW & RADELL
Mr. Frank K. Rollason
December 3, 2004
Page 4
Fee. The Consultant Team proposes to charge the CRA the lump sum fee
payments set forth below, plus typical reimbursables.
The Curtis and Kimball Company $2,500
Lambert Advisory Group $3,000
Bercow & Radell $2,500
Total $8,000
The Consultant Team will begin our work on each phase upon receiving
written authorization from the CRA to commence work on such phase. We will bill the
CRA monthly based on percentage of completion of each phase.
Thank you for the opportunity to present this proposal. We look forward to
working with you, CRA staff and City of Miami staff on this project and we hope to hear
from you soon. If this proposal is acceptable, please silts indied below and return one
copy to our office as a notice to proceed on Phase I.
cc: Ms. Lourdes Slazyk
Mr. Rob Curtis
Ms. Cathy Sweetapple
Mr. Paul Lambert
Agreed to as set forth above by:
CITY OF MIAMI
COMMUNITY REDEVELOPMENT AGENCY
By:
Frank K. Rollason, Executive Director
Date: December , 2004
JB/Is
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BERCOW & RADELL
NON1N0. L t4O Y*R AND aNVNnONMISNt Law
CURTIS
KIMBATL
May 20, 2004 VIA FACSIMILE AND MAIL
Mr. Jeffrey Bercow
Bercow and Radell
200 South Biscayne Blvd.
Suite 850
Miami, Florida 33131-2385
Re: Southeast Overtown Park West (SEOPW) DRI
UpflAti.=+o_City of Miami Development Impact Fee Ordinance
Proposal for Professional Services
Dear Mr. Bercow
The Curtis and Kimball Company in conjunction with Cathy Sweetapple & Associates and
Lambert Advisory (the "Consultant Team") is pleased to present this proposal to provide
professional services to assist you and the City of Miami in updating the Development Impact Fee
Ordinance (Article III. Southeast Overtown/Park West Development Supplemental Fee) found in
Sections 13-96 to 13-108 of the City of Miami Code of Ordinances, pursuant to the approved
development costs associated with the approved SEOPW DR1. Our proposed scope of services,
fees and schedule are outlined below.
Scope of Services
The Consultant Team will provide strategic planning and economic analysis and guidance,
transportation planning, and traffic engineering services to assist the you and the City of Miami staff
in updating portions of the Development Impact Fee Ordinance (as referenced above) pursuant to
the development costs associated with the approved SEOPW DRI. The Consultant Team will
propose text and impact fee calculation revisions to the Ordinance, and will incorporate updated
transportation and air quality fees based upon the development status of the DRI, updated fees
established by the City of Miami for the DRI Administration and Master Plan/Recovery programs,
and updated fees based upon the consumers price index which will adjust fees to current year
dollars. The Consultant Team will meet with you and the City of Miami staff to review the proposed
ordinance modifications. The Consultant Team will provide public hearing support to process the
approval of the proposed Development Impact Fee Ordinance modifications. Public hearings
may include the SEOPW CRA, City of Miami Planning Advisory Board and the City of Miami
City Commission.
Schedule
Approximately..5 weeks will be required to complete a draft of the revised Development Impact
Fee Ordinance. The draft will be transmitted to you and the City Of Miami for review and
comment. Once the comments are received, approximately 2 weeks will be required to
incorporate the edits into a final draft. The final draft will then be forwarded to City staff and
placed on the appropriate public hearing agendas for approval.
COMMUNITY & NATURAL RESOURCE PLANNING CONSENSUS BUILDING REGULATORY APPROVALS
THE CURTIS & KIMBALL COMPANY 7520 RED ROAD, SUITE M, SOUTH MIAMI, FL 33143 PHONE (305) 669-3172 FAX (305) 669-3174
Mr, Jeffrey Bercow
Proposal for Professional Services
May 20, 2004
Page 2
Fee
The fee for our services is this phase is $18,500 lump sum, plus typical reimbursables. The fee
for each team member firm is shown below.
Curtis & Kimball Company $ 7,000
Cathy Sweetapple & Associates $ 7,500
Lambert Advisory $ 4,000
Total $18,500
Thank you for the opportunity to present this proposal. We look forward to working with you on
this project and hope to hearing from you soon. If this proposal is acceptable, please sign as
indicated below and retum one copy to our office as notice to proceed.
Rob Curtis
Principal
Accepted By:
Date:
Xc: Project File
Reading File
W:1CKC-ProposaIMLetter Proposa}sV052004 SEOPW DRI.doe
Schedule and Scope of Work for Phases I and II
Cathy Sweetapple & Associates
Phase I , DRI Fee
Revise/Update the Development impact Fee Ordinance (Article III.
Southeast Overtown/Park West Development Supplemental Fee,
Sections 13-96 to 13-108, City of Miami Code of Ordinances)
Timeframe
1
Review the existing ordinance, the existing fees and the method of fee
calculation. Prepare a Draft Impact Fee Table for use in the ordinance
update process.
Week 1
2
Meet with Consultant team and City Staff to review the existing
ordinance, and to identify the information, development costs and
ordinance text that should be updated.
Week 2
3
Obtain updated transportation, air quality, DRI administration and Master
Plan/Recovery costs where applicable either from approved DRI
modifications or from City Staff. Calculate the consumer price index to
adjust fees to current dollars.
Weeks 3 and 4
4
Incorporate new costs into the Draft Impact Fee Table. Distribute to
the Consultant team and City Staff for review.
Week 5
5
Meet with Consultant team and City Staff to review the Draft Impact Fee
Table and the text changes to the Ordinance.
Week 6
6
Prepare revisions as needed, and resubmit for Consultant team and
City Staff review.
Week 7
7
Coordinate with City Staff to finalize ordinance text and tables.
Week 8
8
Attend meetings or public hearings as requested by City Staff.
As needed
Phase II —
DRI Increments
I and II
Calculate the Transportation/Trip Generation Impacts of any
changes that might be recommended to the Increment I and
Increment II development programs based upon the Supply and
Demand Analysis in Phase II.
Timeframe
1
Meet with Consultant team to review the 2004 SEOPW CRA
Redevelopment Plan and the SEOPW Increment I and Increment II
development programs. Discuss the type of DRI changes that might be
needed.
Week 1
2
Prepare updated trip generation tables to reflect the 2004 SEOPW CRA
Redevelopment Program and the SEOPW Increment I and Increment II
development programs.
Week 2
3
Incorporate any program changes into the trip generation tables as
determined by the market and supply and demand evaluation.
Distribute trip generation tables to the Consultant team for review.
Week 3
4
Meet with Consultant team and City Staff to review preliminary findings
and recommendations.
Week 4
5
Prepare the necessary documents for an NOPC if appropriate.
As needed
Southeast Overtown Park West
Scope of Work for Phases I, II, III, IV
Bercow & RadeII, PA
PHASE I - DRI FEE
Bercow & Rade11, PA will review the existing ordinance, the existing fees, and the
method of fee calculation. We will meet with the Consultant Team, CRA, and
City staff to review the existing ordinance, and identify additional information
needed to update the ordinance. We will review the updated and revised
information and development costs in order to arrive at updated transportation,
air quality, DRI administration and Master Plan/Recover fees to be included in
the proposed ordinance. Based upon these revised fees, we will draft proposed
amendments to the existing Southeast Overtown Park West Development Impact
Fee Ordinance, Sections 13-96 to 13-108, City of Miami Code of Ordinances. The
proposed revisions will be submitted to CRA, City staff and the City Attorney's
Office for review and revision. The proposed ordinance will be finalized and
submitted to City staff for appropriate public hearings. We will attend all public
hearings and any other meetings requested by CRA and City staff, and be
available to make appropriate presentations regarding the proposed ordinance.
PHASE II - INCREMENTS I AND II
Bercow and Radell, along with the Consultant Team, will review and analyze the
CRA's 2004 SEOPW Redevelopment Plan, analyze supply and demand and other
market issues in order to determine adequacy of existing Increment I and
Increment II entitlements. In addition to reviewing adequacy of existing
entitlements, we will also review all other conditions of the Increment I and
Increment II Development Orders to determine whether any further
modifications are necessary. Based upon such review and input from the
Consultant Team, we will prepare a Notification of Proposed Change
Application to amend the existing DRI Development Orders, and submit such
NOPC application to City staff for public hearing. We will attend all such public
hearings and make presentations to the Planning Advisory Board and City
Commission.
PHASE III - INCREMENT III
Bercow & Radell will work with the Consultant Team to review and analyze the
CRA's 2004 SEOPW Redevelopment Plan, and will analyze supply and demand
and other market issues as they relate specifically to presently proposed
Increment III entitlements. Based upon the estimate of development projections
prepared by other members of the Consultant Team, we will review current
projections for Increment III and make recommendations for appropriate
modifications.
PHASE IV - BOUNDARIES
Bercow & Radell will work with other members of the Consultant Team to
review the results of the supply and demand analysis completed within Phase III
above, and review and analyze the CRA's 2004 SEOPW Redevelopment Plan and
expanded CRA boundaries, in order to determine whether it is necessary to
expand the DRI boundaries for Increment III. Based upon this review and
analysis, Bercow & Radell and the Consultant Team will prepare
recommendations regarding the feasibility and necessity of expanding the DRI
boundaries for Increment III.
8
Southeast Overtown!Park West Development of Regional Impact
Scope of Work and Schedule for
The Curtis & Kimball Company (CKC)
The tasks that CKC will complete are organized by week under each Phase.
Phase 1— Revise Southeast OvertownlPark West Development Supplemental Fee
Week One — Review existing supplemental fee ordinance; review approved development
order modifications; identify areas where additional information is needed; identify areas
where modifications are needed; outline why changes are needed; coordinate with other
team members; and, develop summary of potential modifications identified including
such items as Consumer Price Index language, draft Impact Fee Table, and,
development credit "rollover" language in the event Increment I development credits are
not completely utilized when Increment II begins.
Week Two — Meet with consultant team members, City and CRA staff to: review existing
ordinance; discuss staff needs related to the proposed supplemental fee ordinance
modifications; review areas for modification identified by the consultant team; review
information needs and assign responsible party to obtain needed information; discuss
project and hearing schedule.
Week Three - Meeting follow-up and gather needed information from responsible party;
begin draft revisions to fee ordinance.
Week Four — Finalize draft revisions to fee ordinance. Coordinate with consultant team
members and incorporate their proposed revisions. Distribute draft document for
consultant team review and comment. Incorporate any revisions.
Week Five — Distribute draft revisions to CRA and City staff for review and comment.
Conduct meeting with consultant team, CRA and City staff to discuss review comments
and confirm public hearing schedule. Incorporate review comments and finalize
ordinance for public hearing review.
Week Six — Distribute final draft revised ordinance for final review. If necessary, revise
text and tables and resubmit for public hearing.
Post -Week Six — Prepare public hearing presentation. Attend and participate in CRA,
Miami Planning Advisory Board and the City Commission public hearings and/or
workshops. Revise ordinance, if necessary.
Phase II — Increments I and II
Week One — Review CRA's 2004 SEOPW Redevelopment Plan. Identify areas where
clarification may be needed. Meet with Staff to discuss the Plan and gain clarification
(as necessary).
Week Two — Analyze the Plan in relation to the approved SEOPW Development Order.
Identify areas where Development Order changes may be need to accommodate the
Plan. Coordinate potential changes with consultant team members.
Week Three — Meet with Staff to discuss potential changes to the Development Order.
Draft a Notification of Proposed Change (NOPC) to incorporate necessary modifications.
Week Four — Circulate draft for entire team review and comment. Finalize NOPC based
on comments received. Submit draft to Staff to be placed on appropriate public hearing
agendas for approval.
Phase III — Increment HI
Week One — (Same as Phase II, Week One) Review CRA's 2004 SEOPW
Redevelopment Plan. Identify areas where clarification may be needed. Meet with Staff
discuss the Plan and gain clarification (as necessary).
Week Two — Analyze the Plan in relation to the approved SEOPW Increment 111
development program. Identify areas where Development Order changes may be
needed to accommodate Increment Ili. Coordinate potential changes with consultant
team members.
Week Three — Meet with Staff to discuss potential changes to Increment 111. Draft a
recommendation regarding modifications.
Week Four — Circulate draft for entire team review and comment. Finalize the
recommendation based on comments received.
Phase IV — Boundaries
Week One — (Same as Phase II, Week One) Review CRA's 2004 SEOPW
Redevelopment Plan. Identify areas where clarification may be needed. Meet with Staff
discuss the Plan and gain clarification, as necessary.
Week Two — Based on professional knowledge of the area, market and other forces at
work in the area we will analyze the existing DRI boundaries in relation to the boundaries
of the CRA's 2004 SEOPW Redevelopment Plan. - CKC will Identify areas where
boundary changes may be appropriate and will coordinate potential changes with
consultant team members.
Week Three — Meet with Staff to discuss preliminary findings related to potential
boundary changes. Work with the consultant team to draft a recommendation for
concerning a change in the boundary.
Week Four — Circulate draft recommendation for entire team review and comment.
Finalize recommendation based on comments received.
c,
Phase I -- Dill Fee
Lambert Advisory will provide assistance in determining a formula for the allocation of
fees/costs (and/or an update to formulas already documented within the current
Ordinances) that will be generated from the SEOPW DRI Development Order. The
primary objective is to identify the most equitable allocation formula for the funds
anticipated to be generated by the projected demand for new development for all
properties types; namely, residential (rental and for -sale), retail, office, industrial and
hospitality. Note, the process for determining development demand projections is
detailed within the following Phases of work.
A specific focus of our work will include:
— determining how different fee categories are allocated by use based upon the
relative impact of that land use;
— determining how the fee is inflated based upon an adjustment factor over time;
and,
— simplifying the formula for charges so there is little room for interpretation.
Phase II — Increments I and II
For Phase II — Increments I and II, Lambert Advisory will review and analyze the CRA's
2004 SEOPW Redevelopment Plan; specifically as it relates to supply and demand
market issues determined to impact Increment I and II entitlements. The work plan
proposed for this analysis includes:
Demand Conditions
Our analysis of demand conditions will include detailed economic and demographic trend
and forecast analysis, as well as an overview of key industries. The analysis will detail:
— Population and population characteristic trends and projections;
— Employment trends and labor force characteristics;
— Analyze household trends and develop projections;
— Office employment trends in surrounding areas and employee daily expenditure
patterns;
— Visitor growth trends and profile and expenditure patterns;
— Expenditure patterns by retail good; and,
— Traffic patterns and trends along the major thoroughfares.
C_1Documents and Seitingslevkilpatrickll +rs1 Scttings\Temporary Internet Files\OLK521L.ambert Advisory Scope.doc
6
Supply Conditions Analysis and Projections by Use
The supply conditions and projections analysis includes an overview of existing
conditions for the primary real estate uses impacting Increment I and II entitlements,
including: housing (for sale and rental), retail/entertainment, office, hospitality and
industrial. We will benchmark our internal projections against projections completed for
the area and which were provided by other firms in the past. Based upon market research
conducted through our in-house market data, as well as information provided by previous
analyses and secondary sources of information including but not limited to industry
publications, and discussions with industry professionals, we will provide an analysis of
existing and prospective market conditions by real estate use, to:
1.) Estimate annual development projections by real estate use for a ten year period,
within the existing DRI boundaries; and,
2.) Benchmark the updated development projections for Increment I and II against
current projections and provide an understanding of any notable differences; and,
3.) Provide the necessary development demand data that will be utilized for the basis
of determining other impact projections.
As noted above, we will provide a detailed overview of the process utilized in calculating
development projections, including relevant indices and formulas.
Phase III — Increment III
Similar to the process detailed in Phase II — Increment I and II above, Lambert will
analyze supply and demand and other market issues as it relates specifically to Increment
III. Notably, we will analyze supply and demand conditions to determine an estimate of
development projections by real estate use during the next ten years. Accordingly, we
will compare our development projections with current projections for Increment III and
highlight relevant variances.
Phase IV — Boundaries
Based upon the results of the supply and demand analyses completed within Phase III
above, Lambert Advisory will assess whether or not there is a need (from a market
perspective) to expand the DRI boundaries for Increment III. This will be primarily
based upon an assessment of the market pressure that may be realized from projected
development demand whereby demand exceeds existing maximum density allowances
and creates a potential need for expanding the DRI boundaries.
C:SDocuments and Settingslevkilpatrick\Locai SettingslTemporary Internet Files\OLK521Lambert Advisory Scope.doc