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HomeMy WebLinkAboutSubmittals-Paul Savage-Florida Statutes, CityCode, and documentsStatutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 12014 The 2014 Florida Statutes Go Submitted into the public record for item(s) V2 on 2• 12• 1 . City Clerk Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3231 Consistency with the comprehensive plan and land development regulations. —A development agreement and authorized development shall be consistent with the local government's comprehensive plan and land development regulations. History.—s. 25, ch. 86-191. Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us S \ci - fobrni4-+�►IS-'PUSI SooiU k,-' 1 I060 StA Ks, v� I.Od gi o� Ui o� 0 2 OtAd dUC e um nts• http://www.leg.state.fl.us/statutes/index.cfm?App mode=Display_Statute&URL=0100-01... 2/ 12/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 12014' The 2014 Florida Statutes Submitted into the public record for item(s) 19% • 1 on q. • 11- lc . City Clerk Title XI Chapter 163 COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3233 Local laws and policies governing a development agreement.— (1) The local government's laws and policies governing the development of the land at the time of the execution of the development agreement shall govern the development of the land for the duration of the development agreement. (2) A local government may apply subsequently adopted laws and policies to a development that is subject to a development agreement only if the local government has held a public hearing and determined: (a) They are not in conflict with the laws and policies governing the development agreement and do not prevent development of the land uses, intensities, or densities in the development agreement; (b) They are essential to the public health, safety, or welfare, and expressly state that they shall apply to a development that is subject to a development agreement; (c) They are specifically anticipated and provided for in the development agreement; (d) The local government demonstrates that substantial changes have occurred in pertinent conditions existing at the time of approval of the development agreement; or (e) The development agreement is based on substantially inaccurate information supplied by the developer. (3) This section does not abrogate any rights that may vest pursuant to common law. History.—s. 26, ch. 86-191. View Entire Chapter Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us http://www.1eg. state. fl.us/statutes/inde x. cfm?mode=View%20 Statutes& SubMenu=1 &App... 2/ 12/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: I2014 1 v The 2o14 Florida Statutes Go Submitted into the public record for itemjs) e % .1 on (2,•V),•t5 . City Clerk Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3221 Florida Local Government Development Agreement Act; definitions. —As used in ss. 163.3220-163.3243: (1) "Brownfield designation" means a resolution adopted by a local government pursuant to the Brownfields Redevelopment Act, ss. 376.77-376.85. (2) "Comprehensive plan" means a plan adopted pursuant to the Community Planning Act. (3) "Developer" means any person, including a governmental agency, undertaking any development. (4) "Development" means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels. (a) The following activities or uses shall be taken for the purposes of this act to involve "development": 1. A reconstruction, alteration of the size, or material change in the external appearance of a structure on land. 2. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land. 3. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in s. 161.021. 4. Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land. 5. Demolition of a structure. 6. Clearing of land as an adjunct of construction. 7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land. (b) The following operations or uses shall not be taken for the purpose of this act to involve "development": 1. Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way. 2. Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights -of -way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. 3. Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure. 4. The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling. http://www.leg.state.fl.us/statutes/index.cfm?mode=View%20Statutes&SubMenu=1 &App... 2/12/2015 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 5. The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes. 6. A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class. 7. A change in the ownership or form of ownership of any parcel or structure. 8. The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land. (c) "Development," as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, "development" refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this subsection. (5) "Development permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. (6) "Governing body" means the board of county commissioners of a county, the commission or council of an incorporated municipality, or any other chief governing body of a unit of local government, however designated. (7) "Land" means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land. (8) "Land development regulations" means ordinances enacted by governing bodies for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulations or any other regulations controlling the development of land. (9) "Laws" means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local government affecting the development of land. (10) "Local government" means any county or municipality or any special district or local governmental entity established pursuant to law which exercises regulatory authority over, and grants development permits for, land development. (11) "Local planning agency" means the agency designated to prepare a comprehensive plan or plan amendment pursuant to the Community Planning Act. (12) "Person" means any individual, corporation, business or land trust, estate, trust, partnership, association, two or more persons having a joint or common interest, state agency, or any legal entity. (13) "Public facilities" means major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities. (14) "State land planning agency" means the Department of Economic Opportunity. History.—s. 20, ch. 86-191; s. 4, ch. 92-129; s. 9, ch. 99-378; s. 23, ch. 2011-139; s. 10, ch. 2012-96. Copyright © 1995-2015 The Florida Legislature • Privacy Statement • Contact Us Submitted into the public record for item(s) Q?: .1 on 2.12.1 City Clerk http://www.leg. state. fl.us/statutes/index.cfm?mode=View%20Statutes& SubMenu=1 &App... 2/12/20 15 Submitted into the public record for item s) 17%.1 on 7 • 2. City Clerk From: "Campos, Mirna" <MCampos@miamigov.com> Date: February 12, 2015 at 10:45:56 EST To: ZZZ-Bradley Knoefler <bknoefler@gmail.com> Subject: FW: MIAMI WORLD CENTER WARRANT Good morning Mr. Knoefler, Please see below Public Works response. Have a good day. Mirna Campos Administrative Aide I Planning and Zoning Department City of Miami From: Helmers, Leonard J Sent: Tuesday, February 10, 2015 11:26 AM To: Campos, Mirna Cc: Santamaria, Ed; Pousada, Enrique Subject: RE: MIAMI WORLD CENTER WARRANT 1. The Public Works Department does not have any "executed public easement agreements" related to the Miami World Center tentative plat. A platted three dimensional public ingress/egress and public utility easement is being provided along NE 8 Street between NE 1 Avenue and NE 2 Avenue, but it is part of the final plat and will not be effective until the plat is recorded. 2. NE 7 Street between North Miami Avenue and NE 2 Avenue, NE 8 Street between NE 1 Avenue and NE 2 Avenue and NE 9 Street between NE 1 Avenue and NE 2 Avenue are being closed and vacated, including the "air rights". The City retains jurisdiction of only a three dimensional ingress/egress easement along NE 8 Street where no building encroachments will be permitted. The Public Works Department is not aware of any "payment for air rights above public easements". From: Campos, Mirna Sent: Tuesday, February 10, 2015 10:37 AM To: Helmers, Leonard J Subject: FW: MIAMI WORLD CENTER WARRANT Good morning Len, Please read below about this Public Records request I was told that you can help with the lines highlighted. Thank you in advance for your time and help. Mirna Campos Administrative Aide I 2/12/201�5 M uni code Submitted into the public record for item(s) Q� on ri • 12.1 City Clerk Sec. 55-14. Encroachments on or in rights -of -way, public easements, private easements or emergency access easements; exceptions. (a) No building or any other type of structure shall be permitted on or in any right-of-way, public easement or emergency access easement, except required or approved utility installations, or as may be permitted under the Florida Building Code or chapter 54. (b) The city commission, by resolution, may permit an encroachment which does not unduly restrict use of the right-of-way, public easement or emergency access easement area where such encroachment is a necessary essential element in the construction of an otherwise authorized pedestrian and/or vehicular overpass above or underpass below said right-of-way, public easement or emergency access easement area subject to payment of a one time user fee in accordance with subsection (c) hereinbelow and to the recording of a covenant to run with the land executed by the property owner in accordance with subsection (d) hereinbelow, with the payment by the owner of the requisite user fee including, but not limited to, the preparation and recording of said covenant. (c) Calculation of user fee. The user fee shall be calculated as follows: (1) Property owner must obtain a certified appraisal for the land value of the two properties from a certified general appraiser approved by the city. The land value per square foot of building shall be determined by dividing the total market value of the land comprising the entire project site by the maximum amount of building square footage that can be constructed by right as permitted by the applicable city zoning ordinance(s). (2) The estimated value of the aerial or subterranean rights shall be determined by multiplying the land value per square foot of building determined in subsection (c)(1), by the total square footage of the proposed passageway(s) including multiple levels. (d) Covenant to run with the land. The covenant to run with the land (covenant) shall be in a form acceptable to the city attorney. The provisions of the covenant shall include but not be limited to: (1) Maintenance of the overpass or underpass by the property owner in accordance with the Florida Building Code and the City Charter and Code. (2) Restoration or removal of the encroachment by the property owner within 30 days of written notification by the director of the department of public works to properly maintain, restore, or remove the overpass or underpass, as applicable. (3) In the event of failure of the property owner to restore, maintain or remove the overpass or underpass, when notified, the city manager may contract for the restoration or removal of the overpass or underpass, and place a special assessment lien against the owner's abutting private property for the unpaid cost of the restoration or removal. These unpaid costs and expenses incurred by the city or its agents shall constitute, and are hereby imposed as, special assessment liens against the abutting private real property of the owner, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with liens of city and county ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within 60 days after their due date. The total outstanding balance of delinquent fees and related charges shall bear an interest charge of one percent per month, on any and all of the outstanding balance of the fees due, and if not fully paid with all accrued interest by the due date will continue to accrue interest at the rate of one percent per https://I i brary.m uni code.com/pri nt.aspx?h= &cl i entID=10933&H T M Request=https%3a%2f%2fli brary.m uni code.com %2fH TM L%2f10933%2fleve12%2fPT I ITH C ... 1/2 2/12/201,5 M uni code month. Unpaid and delinquent fees, together with accrued interest, shall remain and constitute special assessment liens against the private property owner's abutting real property involved which is deriving a benefit under this chapter. Such special assessment liens for the repair, maintenance, removal or restoration costs and interest and costs thereon may be enforced by any of the methods provided in F.S. ch. 85, or in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of F.S. ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The owner shall pay all costs of collection, including reasonable attorney fees, court costs, and abstracting and related lien expenses imposed by this chapter. (4) Provision of an insurance policy, in an amount determined by the city's risk manager, naming the city as an additional insured for public liability and property damage. This insurance shall be in effect as long as the encroachment exists in the right-of-way, public easement or emergency access easement. If the property owner fails to continue to provide the insurance coverage, the city shall have the right to secure a similar insurance policy in its name and place a special assessment lien against the owner's abutting private property as set forth above in subsection (c)(3), for the total cost of the premium. (5) The property owner shall hold harmless and indemnify the city, its officials and employees from any claims for damage or Toss to property and injury to persons of any nature whatsoever arising out of the use, construction, maintenance or removal of the overpass or underpass and from and against any claims which may arise out of the granting of permission for the encroachment or any activity performed under the terms of the covenant. (e) The city manager or designee may permit an encroachment into a private easement, where said encroachment is not a safety hazard, subject to receipt by the city of written consent of the holder(s) of the private easement(s), written releases from all benefited specified individuals or public or private entities, or a certification that no such benefited individuals or public or private entities exist within the easement, recommendations of approval from the departments of police, public works, fire -rescue, general services administration, planning, building and zoning, and an executed hold harmless and indemnification agreement for the benefit of the city in a form acceptable to the city attorney, with the herein exceptions being subject to compliance with all other requirements of law. (f) The user fee required under this section shall not apply to governmental entities and agencies, including state, county and city departments or instrumentalities that are exempted from payment of this user fee. (Ord. No. 9584, § 1, 3-24-83; Ord. No. 10367, § 1, 1-14-88; Ord. No. 10730, § 1, 5-24-90; Ord. No. 11008, § 2, 10-8- 92; Code 1980, § 54.5-15; Ord. No. 13060, § 2, 3-12-09) Submitted into the public record for item(s) . on 12 I City Clerk https://Ii brary.m unicode.com/print.aspx?h=&cl i entl D = 10933&H TM Request=https%3a%2f%2fli brary.m uni code. com %2fHTM L%2f10933%2flevel2%2fPTIITH C... 2/2 Submitted into the public record for item(s) Q 7-, - 1 on 1.1115 • City Clerk OMNI/PARK WEST REDEVELOPMENT ASSOCIATION, INC., and GC LOUNGE, INC. Petitioners, vs. CITY OF MIAMI, FLORIDA, a political subdivision of the State of Florida, MIAMI FIRST, LLC, MIAMI SECOND, LLC, MIAMI THIRD, LLC, MIAMI FOURTH, LLC, and MIAMI A/I, LLC, Respondents. IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 14-200 AP L.T. CASE NO. 08-0105sc /• ORDER ON RESPONDENTS MIAMI FIRST, LLC, MIAMI SECOND, LLC, MIAMI THIRD, LLC, and MIAMI A/I, LLC'S MOTION TO DISMISS PETITION FOR WRIT OF CERTIORARI FOR LACK OF STANDING THIS CAUSE came before this Court on July 31, 2014 on Respondents, Miami First, LLC, Miami Second, LLC, Miami Third, LLC and Miami A/I, LLC's, Motion to Dismiss Petition for Writ of Certiorari for Lack of Standing. The Court has reviewed the memoranda of law and is otherwise advised in the premises. The Motion is GRANTED IN PART AND DENIED IN PART for the following reasons: Submitted into the public record for item(s) Peh• 1 on 2. 12 • l- . City Clerk Omni/Park West Redevelopment Ass'n, Inc. v. City of Miami, Fla. 14-200 AP 2 1) To have standing, a property owner must have a definite interest, exceeding the general interest in the community good which all citizens share in common, based on factors such as the proximity of the property and the type of change proposed. See Renard v. Dade County, 261 So. 2d 832 (Fla. 1972); City of Ft. Myers v. Splitt, 988 So. 2d 28, 32 (Fla. 2d DCA 2008). 2) Petitioner Omni/Park West Redevelopment Association, Inc., a non-profit corporation that does business on N.E. 7th Street, does not have standing to bring the petition for writ of certiorari to seek review of the resolution of the City of Miami Commission. Petitioner is not an aggrieved party because it did not appear below and argue or present evidence before the City of Miami Commission at the April 24, 2014 hearing regarding the application for road closures. See Battaglia Fruit Co. v. City of Maitland, 530 So. 2d 943, 944 (Fla. 5th DCA), dismissed, 537 So. 2d 568 (Fla. 1988). Petitioner appeared and argued only at the administrative Miami Planning, Zoning and Appeals Board (PZAB) March 19, 2014 hearing. The resulting unanimous decision from that hearing approving the application for road closures with conditions [Resolution PZAB-R-14-023] is not under review before this Court. See Weil v. City ofN. Miami, 10 Fla. L. Weekly C775 (Fla. llth Cir. Ct. Aug. 12, 2003) (on certiorari review of city council's decision, circuit court reviews that decision, not lower board's decision). Therefore, Petitioner Omni/Park West Redevelopment Association, Inc. lacks of standing to bring this petition for writ of certiorari. 3) Petitioner GC [Grand Central] Lounge, Inc. is an operator of a nightclub on N.E. 7th Street under a lease as a tenant with the Respondent Miami Fourth, LLC. Petitioner has standing as an aggrieved party to bring the petition for writ of certiorari from a unanimous resolution of the City of Miami Commission approving an application for road closures [Resolution 08-01015sc]. Petitioner appeared below and argued before the City of Miami Commission at the April 24, 2014 hearing regarding the approval of an application to close sections of N.E. 7th, 8th and 9th Streets between North Miami Avenue and N.E. 2nd Avenue and N.E. loth Street and the Florida East Coast Railway. Petitioner was also present at the March 19, 2014 hearing PZAB hearing and argued against the road closures. 4) Further, Petitioner GC Lounge, Inc. has standing because it seeks as an affected resident or citizen to challenge the Resolution as being void because it was improperly enacted. Renard, 261 So. 2d at 837-838; Save Brickell Avenue Inc. v. City of Miami, 395 So. 2d 246, 247 (Fla. 3d DCA 1981). Therefore, Petitioner GC Lounge, Inc. has standing to bring this petition for writ of certiorari. It is therefore ORDERED AND ADJUDGED that: Submitted into the public record for item(s) .l on '2,• . City Clerk Omni/Park West Redevelopment Ass'n, Inc. v. City of Miami, Fla. 14-200 AP 3 Respondents, Miami First, LLC, Miami Second, LLC, Miami Third, LLC and Miami A/I, LLC's, Motion to Dismiss Petition for Writ of Certiorari for Lack of Standing is hereby GRANTED as to Petitioner Omni/Park West Redevelopment Association, Inc. AND DENIED as to Petitioner GC Lounge, Inc. DONE AND ORDERED in Chambers at Miami -Dade County, Florida, this 26thday of August, 2014. ERIC W. HENDON CIRCUIT COURT JUDGE UE' . Pj' O CIRC T CO ' T JUDGE Copies furnished to: Paul C. Savage, Esq. John A. Greco, Esq., Deputy City Attorney Elliot H. Scherker, Esq. Brigid F. Cech Samole, Esq.