Loading...
HomeMy WebLinkAboutR-23-0306City of Miami Resolution R-23-0306 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14255 Final Action Date: 7/13/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE FINDING OF NECESSITY REPORT PREPARED BY BUSINESS FLARE, LLC, ATTACHED AND INCORPORATED AS EXHIBIT "A" ("REPORT"), FOR THE CONTIGUOUS EXPANSION OF THE BOUNDARIES OF THE OMNI COMMUNITY REDEVELOPMENT AGENCY ("OMNI CRA") TO ALLAPATTAH AND WATSON ISLAND AREAS ("STUDY AREAS"), MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED HEREIN; FINDING THAT THE REBUILDING, REHABILITATION, CONSERVATION, AND REDEVELOPMENT OF THE STUDY AREAS ARE NECESSARY AND ARE IN THE BEST INTEREST OF THE PUBLIC HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY"); FINDING THAT THE STUDY AREAS CONSTITUTES A SLUM OR BLIGHTED AREA AS DEFINED IN SECTION 163, FLORIDA STATUTES; FURTHER AUTHORIZING THE EXTENSION OF LIFE OF THE OMNI CRA TO 2047; FURTHER APPROVING AND ADOPTING THE OMNI CRA'S 2023 AMENDED REDEVELOPMENT PLAN, ATTACHED AND INCORPORATED AS EXHIBIT "C" ("PLAN"); AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE EXISTING INTERLOCAL AGREEMENT BETWEEN THE CITY, MIAMI-DADE COUNTY ("COUNTY"), AND THE OMNI CRA IN ORDER TO EXPAND THE BOUNDARIES OF THE OMNI CRA TO THE STUDY AREAS AND EXTEND THE LIFE OF THE OMNI CRA TO 2047; FURTHER DIRECTING THE CITY MANAGER TO WORK WITH THE EXECUTIVE DIRECTOR OF THE OMNI CRA TO TRANSMIT A COPY OF THIS LEGISLATION TO THE COUNTY FOR FURTHER LEGISLATIVE ACTION AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Alex Diaz de la Portilla WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, which is presently codified in Chapter 163, Part III, Sections 163.330 through 163.464, Florida Statutes ("Act"); and WHEREAS, pursuant to Section 163.356 of the Act, the City of Miami ("City") and Miami - Dade County ("County") created the OMNI Redevelopment District Community Redevelopment Agency ("OMNI CRA"); and WHEREAS, on February 19, 2019, the Board of Commissioners of the OMNI CRA adopted Resolution No. CRA-19-004 approving an Assessment of Need Study ("AON"), pursuant to the guidelines established by County Resolution No. R-611-15, to substantiate the need for an extension of life of the CRA until July 7, 2047; and City of Miami Page 1 of 4 File ID: 14255 (Revision: A) Printed On: 7/8/2025 File ID: 14255 Enactment Number: R-23-0306 WHEREAS, on May 9, 2019, the City Commission adopted Resolution R-19-0180 approving among other things the AON for the extension of life of the OMNI CRA to July 7, 2047; and WHEREAS, on June 16, 2020, the County adopted Resolution No. R-575-20, which approved an amendment to the OMNI CRA's Redevelopment Plan, accepted the AON study, approved the extension of life of the OMNI CRA until July 7, 2047, and approved and authorized the execution of the Second Amendment to the Interlocal Cooperation Agreement ("2020 Second Amendment ILA") by and among the County, the City, and the OMNI CRA attached and incorporated herein as Exhibit "D"; and WHEREAS, on July 13, 2023, the OMNI CRA, pursuant to Resolution CRA-R-23-0030, accepted the Finding of Necessity Report prepared by BusinessFlare, LLC, ("Consultant"), attached and incorporated herein as Exhibit "A" ("Report") for the contiguous expansion of the boundaries of the OMNI CRA to Allapattah and Watson Island areas ("Study Areas"), as defined is Exhibit "B" attached and incorporated herein and authorizing the extension of life of the OMNI CRA to 2047; and WHEREAS, OMNI CRA Resolution CRA-R-23-0030, also adopted and approved the OMNI CRA's 2023 Redevelopment Plan, attached and incorporated as Exhibit "C" ("Plan"); and WHEREAS, Section 163.355, Florida Statutes, requires a finding of necessity by a county or municipality, supported by data and analysis, which makes a legislative finding that conditions in the area meet the criteria of a slum area or a blighted area as defined by Section 163.340, Florida Statutes; and WHEREAS, the established criteria for a finding of necessity entails finding that an area is a "slum" or is "blighted"; and WHEREAS, Chapter 163, Florida Statutes, defines a "slum area" as: an area having physical or economic conditions conducive to disease, infant mortality, juvenile delinquency, poverty, or crime because there is a predominance of buildings or improvements, whether residential or nonresidential, which are impaired by reason of dilapidation, deterioration, age, or obsolescence, and exhibiting one or more of the following factors: (a) Inadequate provision for ventilation, light, air, sanitation, or open spaces; (b) High density of population, compared to the population density of adjacent areas within the county or municipality; and overcrowding, as indicated by government - maintained statistics or other studies and the requirements of the Florida Building Code; or (c) The existence of conditions that endanger life or property by fire or other causes; and WHEREAS, Chapter 163, Florida Statutes, defines a "blighted area" as: an area in which there are a substantial number of deteriorated or deteriorating structures; in which conditions, as indicated by government -maintained statistics or other studies, endanger life or property or are leading to economic distress; and in which two or more of the following factors are present: (a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities. City of Miami Page 2 of 4 File ID: 14255 (Revision: A) Printed on: 7/8/2025 File ID: 14255 Enactment Number: R-23-0306 (b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions. (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness. (d) Unsanitary or unsafe conditions. (e) Deterioration of site or other improvements. (f) Inadequate and outdated building density patterns. (g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality. (h) Tax or special assessment delinquency exceeding the fair value of the land. (i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality. (j) Incidence of crime in the area higher than in the remainder of the county or municipality. (k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality. (I) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality. (m) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area. (n) Governmentally owned property with adverse environmental conditions caused by a public or private entity; and WHEREAS, the Consultant concluded that the Study Areas' boundaries, as provided, met eight (8) criteria for blight in Allapattah and three (3) criteria for blight in Watson Island, as described in Chapter 163, Florida Statutes; and WHEREAS, the City Commission authorizes the City Manager to negotiate and execute an Amendment to the Existing Interlocal Cooperation Agreement ("ILA") between the City, County, and OMNI CRA, in a form acceptable to the City Attorney regarding expanding the boundaries of the OMNI CRA to the Study Areas and extending the life of the OMNI CRA to 2047; and WHEREAS, the consideration and approval of the Report occurred at a public hearing, after public notice thereof by publication in a newspaper having a general circulation in the area of operation of the OMNI CRA; and City of Miami Page 3 of 4 File ID: 14255 (Revision: A) Printed on: 7/8/2025 File ID: 14255 Enactment Number: R-23-0306 WHEREAS, the Consultant prepared the Plan, attached and incorporated as Exhibit "C" outlining projects to be completed throughout the current life, proposed extension of life of the CRA to 2047, and the projects to be completed within the Study Areas; and WHEREAS, the Plan, attached and incorporated as Exhibit "C," addresses the requirements of Section 163.362, Florida Statutes, including but not limited to general design standards, zoning and planning changes, land uses, demolition and removal of structures, improvements, redevelopment, rehabilitation, and identification of funding through possible public and/or public/private partnerships; and 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 herein as if fully set forth in this Section. Section 2. The City Commission hereby approves and accepts the Report, attached and incorporated as Exhibit "A," demonstrating a need to expand the boundaries of the OMNI CRA into the Study Areas and extend the life of the OMNI CRA to 2047. Section 3. The City Commission further agrees with the findings of the Report that the rebuilding, rehabilitation, conservation, and redevelopment of the Study Areas are necessary and in the best interest of the public health, safety, and welfare of the residents of the City and Miami -Dade County. Section 4. The City Commission further agrees that the Study Areas constitutes a slum or blighted area as defined in Section 163, Florida Statutes. Section 5. The City Manager is hereby authorized to negotiate and execute an ILA between the City, County and OMNI CRA in order to expand the boundaries of the CRA to the Study Areas and extend the life of the CRA to 2047. Section 6. The City Commission hereby accepts and approves the Plan prepared by the Consultant, attached and incorporated as Exhibit "C", outlining projects to be completed throughout the current life, proposed extension of life of the OMNI CRA to 2047, and the projects to be completed within the Study Areas. Section 7. The City Manager is further directed to work with the Executive Director of the OMNI CRA to transmit a copy of this legislation to the County for further legislative action. Section 8. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey , 7/14/2023 City of Miami Page 4 of 4 File ID: 14255 (Revision: A) Printed on: 7/8/2025