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Home My WebLink AboutCC Legislation (Version 2)City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 13-00763 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONCERNING THE SOUTHEAST OVERTOWN/PARK WEST ("SEOPW") DEVELOPMENT OF REGIONAL IMPACT ("DRI") , A/K/A THE CITY OF MIAMI'S ("CITY'S") SEOPW REDEVELOPMENT AREA PURSUANT TO RESOLUTION NO. 82-755; AUTHORIZING AN AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND AN INCREMENT III DEVELOPMENT ORDER; INCORPORATING THE CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL BY REFERENCE INTO THE DEVELOPMENT ORDER; APPROVING SAID DRI AFTER CONSIDERING THE REPORT AND RECOMMENDATIONS OF THE SOUTH FLORIDA REGIONAL PLANNING COUNCIL ("SFRPC"), THE COMMUNITY REDEVELOPMENT AGENCY, AND THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), SUBJECT TO THE CONDITIONS OF THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER, ATTACHED HERETO AS EXHIBIT "A", THE APPLICATION FOR DEVELOPMENT APPROVAL INCORPORATED HEREIN BY REFERENCE, AND THE REPORT AND RECOMMENDATIONS OF THE SFRPC INCORPORATED HEREIN BY REFERENCE; MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; PROVIDING THAT THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER SHALL BE BINDING ON THE APPLICANT AND SUCCESSORS IN INTEREST; DIRECTING TRANSMITTAL OF CERTIFIED COPIES OF THIS RESOLUTION, THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER TO AFFECTED AGENCIES AND THE APPLICANT AS DESIGNATED HEREIN; DIRECTING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO FULFILL THE CITY'S OBLIGATIONS UNDER THE AMENDED SEOPW DRI MASTER DEVELOPMENT ORDER AND THE INCREMENT III DEVELOPMENT ORDER. WHEREAS, on February 11, 1988, the City Commission adopted Resolution No. 88-110, approving a Master Development Oder for the Southeast Overtown Park West ("SEOPW") Development of Regional Impact ("DRI"), and Resolution No. 88-111, approving the Increment I Development Order for the SEOPW DRI, and WHEREAS, on September 22, 1992, the City Commission adopted Resolution No. 92-609, approving the Increment II Development Order for the SEOPW DRI; and WHEREAS, on November 11, 2011, the City of Miami and the Community Redevelopment Agency submitted a complete Application for Development Approval for issuance of the proposed Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order, to the South Florida Regional Planning Council ("SFRPC"), pursuant to §380.06, Florida Statutes (2012), for the ongoing development through 2027 for the area designated in 1982 by City Commission Resolution No. 82-755, as the SEOPW CRA, as legally described in the Development Order attached hereto as Exhibit "A"; and City of Miami Page 1 of 3 File Id: 13-00763 (Version: 2) Printed On: 9/10/2013 File Number 13-00763 WHEREAS, on September 24, 2012, the Community Redevelopment Agency adopted Resolution CRA-R-12-0063, approving the issuance of the proposed Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order and requested the City Manager to carry out the required public hearings for approval of the SEOPW DRI Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order; and WHEREAS, pursuant to §380.06(19), Florida Statutes (2012), on November 2, 2012, the Community Redevelopment Agency submitted a "Notification of a Proposed Change to a Previously Approved DRI," to the City of Miami, the SFRPC, and the Florida Department of Economic Opportunities; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 17, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-035 by a vote of eleven to zero (11-0), item no. 5, recommending APPROVAL of the issuance of the proposed Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order as attached hereto as Exhibit "A"; and WHEREAS, on September 26, 2013, the City Commission conducted an advertised public hearing pursuant to §380.06, Florida Statutes (2012); and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the SFRPC and each element required to be considered by §380.06, Florida Statutes (2012); and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements have been complied with for the issuance of the proposed Increment III Development Order and the proposed amendment to the SEOPW DRI Master Development Order; and WHEREAS, the City Commission deems it advisable and in the best public interest, and the general welfare of the City of Miami to issue the proposed Increment III Development Order and proposed amendment to the SEOPW DRI Master Development Order; 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 fully set forth in this Section. Section 2. The Findings of Fact and Conclusions of Law are made with respect to the project as described in the Master Development Order and the Increment III Development Order for the SEOPW CRA and applicable to an area of the City of Miami designated in 1982 by Resolution No. 82-755, as the SEOPW CRA, as more particularly described in Exhibit "A", attached and incorporated. Section 3. The Amended Master Development Order and the Increment III Development Order for the SEOPW CRA, (Exhibit "A"), are hereby granted and issued. Section 4. It is hereby directed that certified copies of this Resolution together with Exhibit "A" and copies of all exhibits, attachments, and written materials, including portions of ordinances referenced in the text of the Amended Master Development Order and the Increment III Development Order be City of Miami Page 2 of 3 File Id: 13-00763 (Version: 2) Printed On: 9/10/2013 File Number. 13-00763 immediately transmitted to: The Florida Department of Economic Opportunity and the SFRPC. Section 5, The City Manager is hereby directed to take all actions necessary to fulfill the City's obligations under the terms of the Amended Master Development Order and the Increment III Development Order for the SEOPW CRA. Section 6. In the event that any portion or section of this Resolution or the Amended Master Development Order or the Increment III Development Order for the SEOPW CRA 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 the Amended Master Development Order or the Increment III Development Order for the SEOPW CRA and shall remain in full force and effect. Section 7. The effective date of this amended development order shall be 45 days from transmittal of the development order to the Department of Economic Opportunity, the SFRPC, and applicant; provided, however, that if the development order is appealed, the development order will take effect on the day after all appeals have been withdrawn or resolved, pursuant to Section 380.07(2) Florida Statutes, APPROVED AS TO FORM AND CORRECTNESS--- JULIE O. BRU CITY ATTORNEY City of Miami Page 3 of 3 File Id: 13-00763 (Version: 2) Printed On: 9/10/2013