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HomeMy WebLinkAboutSubstitution Memo from Planning DepartmentCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V, City Manager DATE: October 22, 2024 SUBJECT: Substitution of RE.8 — Allocate Funds — DRI to SEOPW CRA - File ID 16677 FROM: David Snow Director, Planning Department ENCLOSURE: Updated Legislation The purpose of this Substitution Memorandum for Item RE.8 on the October 24, 2024 City Commission Agenda is to provide updated legislation to clarify the reimbursement to the CRA is for an Assessment of Need (AON), not a Finding of Necessity (FON). The updated legislation is attached, Upon approval, the upd d legislation for the above -referenced fund transfer will be provided to the City Clerk's Office r distribution to the Mayor and all Commissioners. Approved: AJ Arthur riega V, City Manager I CoLQ'9.3 Subc-] Pvivto .-rn puwAl 02,0A741„j- City of Miami Resolution Legislation City Hall 3500 Pan American Drive Warr- FL33133 www.miamigov.com File Number: 16677 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS, IN THE TOTAL AMOUNT OF THREE HUNDRED SEVENTEEN THOUSAND DOLLARS ($317,000.00), COLLECTED BY THE CITY OF MIAMI ("CITY") AS SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("DRI")/MASTER PLAN RECOVERY FEES AND DRI SUPPLEMENTAL FEES, AS SET FORTH IN CHAPTER 13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") TO THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), IN ORDER TO REIMBURSE THE SEOPW CRA FOR EXPENSES RELATED TO THE AMENDMENT OF ITS REDEVELOPMENT PLAN, SUBJECT TO THE REVIEW AND APPROVAL OF , THE CITY MANAGER AND PROVIDING FOR AN EFFECTIVE DATE SPONSOR(S): Commissioner Damian Pardo, Commissioner Christine King WHEREAS, the Southeast Overtown/Park West CRA ("SEOPW CRA") is the Applicant, along with the City of Miami ("City") for the Southeast Overtown/Park West Development of.? Regional Impact ("SEOPW DRI"), adopted as an incremental Development of Regional Impact ("DRI") pursuant to Resolution No. R-88-110, adopted on February 11, 1988, in which the City approved the DRI for the portion of the City within the SEOPW CRAs boundaries designated by City Commission Resolution No., 82-755, and pursuant to Resolution No. 88-111, in which the City approved the Increment I Development Order for the SEOPW DRI; and WHEREAS, pursuant to Resolution No. R-92-609, adopted on September 22, 1992, the City approved an Increment II Development Order for the SEOPW DRI within the DRI boundaries; and WHEREAS, Increment III of the SEOPW DRI was adopted as Resolution No. R-13-0384 on September 26, 2013; and WHEREAS, the Increment III Development Order ("Order") specifically required collection of fees codified in Chapter 13, Article III of the Code of the City of Miami, Florida, as amended ("City Code"), to reimburse the City and the SEOPW CRA for costs incurred in the DRI/Master Plan study and future related studies in accordance with the consolidated application for development approval ("CADA") and the SEOPW CRA Order(s), which is a component of the SEOPW CRA development supplemental fee; and WHEREAS, the SEOPW CRA is the developer of record under the Order, and together with the City is responsible for compliance with the Order's conditions as well as the planning, administrative, enforcement, infrastructure development, advocacy, and other efforts required under the Order: and City of Miami Page 1 of 2 File ID: 16677 (Revision:) Printed On: 10/21/2024 File ID: 16677 Enactment Number: WHEREAS, the SEOPW CRA is also a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its redevelopment area in accordance with the 2019 SEOPW CRA Plan ("Plan"); and WHEREAS, in furtherance of seeking an extension of the life of the SEOPW CRA from 2030 to 2042, the SEOPW CRA was required to prepare an Assessment of Need Study ("AON"), amend its current Redevelopment Plan, and amend the 1983 Interlocai Agreement with its two (2) taxing authorities, the City and the County; and WHEREAS, on August 6, 2024, the SEOPW CRA requested reimbursement by the City in the amount of Three Hundred Seventeen Thousand Dollars ($317,000.00) relating to expenses incurred by the SEOPW CRA in the preparation of the AON and for the amendment of the Plan performed by E.L. Waters and Company, approved by the SEOPW CRA Board pursuant to resolution CRA-R-17-0011 on February 27, 2017; and WHEREAS, the City completed an analysis finding that funding this action related to modifications or amendments of the Plan conforms to the criteria of the DRI/master plan supplemental fee as described in the Increment III Development Order; and WHEREAS, the current balance of available funds collected by the City for the SEOPW CRA Master Plan/recovery development supplemental fees is Five Million Two Hundred Sixty Four Thousand Seven Hundred Forty One Dollars and Eighty Two Cents ($5,264,741.82) as of September 3, 2024, and a transfer of a portion of these funds has been approved by the City's Planning Director; and WHEREAS, it is in the best interests of the City to transfer the funds to reimburse the SEOPW CRA for expenses related to amending the SEOPW CRA's Redevelopment Plan associated with the extension of life of the SEOPW CRA; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to transfer funds, in a total amount of Three Hundred Seventeen Thousand Dollars ($317,000.00), collected by the City as SEOPW DRI/master plan recovery fees and DR! supplemental fees, to the SEOPW CRA, to reimburse the SEOPW CRA for expenses related to the amendment of its Redevelopment Plan. subject to the review and approval by the City Manager. :-a Section 3. This Resolution shall become effective immediately upon its adoption. ry cam. cri City of Miami Page 2 of 2 File ID: 16677 (Revision:) Printed on: 10/21/2024 City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16677 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS, IN THE TOTAL AMOUNT OF $317,000.00, COLLECTED BY THE CITY OF MIAMI ("CITY") AS SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT OF REGIONAL IMPACT ("DRI")/MASTER PLAN RECOVERY FEES AND DRI SUPPLEMENTAL FEES, AS SET FORTH IN CHAPTER 13 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, TO THE MIAMI SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"), IN ORDER TO REIMBURSE FUNDING TO THE SEOPW CRA FOR THE AMENDMENT OF A REDEVELOPMENT PLAN, SUBJECT TO THE REVIEW AND APPROVAL OF THE CITY MANAGER. SPONSOR(S): Commissioner Damian Pardo, Commissioner Christine King WHEREAS, the Southeast Overtown/Park West CRA ("SEOPW CRA") is the Applicant, along with the City of Miami ("City") for the Southeast Overtown/Park West Development of Regional Impact ("SEOPW DRI"), adopted as an incremental DRI pursuant to Resolution Nd. R- 88-110, adopted on February 11, 1988, in which the City approved the DRI for the portion of>the City within the Southeast Overtown Park/West boundaries designated by the City CommisTion Resolution No., 82-755, and pursuant to Resolution No. 88-111, in which the City approved the Increment I Development Order for the SEOPW DRI; and WHEREAS, pursuant to Resolution No. R-92-609, adopted on September 22, 1992, the City approved an Increment II Development Order for the SEOPW DRI within the DRI boundaries; and WHEREAS, Increment III of the SEOPW DRI was adopted as Resolution No. R-13-0384 on September 26, 2013; and WHEREAS, the Increment III Development Order ("Order") specifically required collection of fees codified in Chapter 13, Article III of the Code of the City of Miami, Florida, as amended ("City Code"), to provide for Master Plan recovery and SEOPW DRI application costs; and WHEREAS, the SEOPW CRA is the Developer of record under the Order, and together with the City is responsible for compliance with the Order's conditions as well as the planning, administrative, enforcement, infrastructure development, advocacy, and other efforts required under the Order; and WHEREAS, the SEOPW CRA is also a community redevelopment agency created pursuant to Chapter 163, Florida Statutes, and is responsible for carrying out community redevelopment activities and projects within its Redevelopment Area in accordance with the 2009 Southeast Overtown/Park West Redevelopment Plan ("Plan"); and City of Miami Page 1 of 3 File ID: 16677 (Revision:) Printed On: 10/23/2024 File ID: 16677 Enactment Number. WHEREAS, Chapter 13 of the City Code provides for the reimbursement to the City and/or SEOPW CRA for costs incurred in the DRI/master plan study and future related studies in accordance with the consolidated application for development approval ("CADA") and the Southeast Overtown/Park West DRI development orders, and which shall be a component of the SEOPW development supplemental fee; and WHEREAS, the Finding of Necessity is required by the Plan, as well as Section 163.361(3)(b)(2) and Section 163.355, Florida Statutes, if a community redevelopment agency or other governing body finds it desirable or necessary to amend or modify the governed area's redevelopment plan; and WHEREAS, on August 6, 2024, the SEOPW CRA requested the City's Planning Department to reimburse the CRA in the amount of $317,000.00 relating to expenses incurred by the Agency in the preparation of the Finding of Necessity Report for amendment of the Plan performed by E.L. Waters and Company, approved by the SEOPW CRA Board pursuant to resolution CRA-R-17-0011 on February 27, 2017; and WHEREAS, the City's Planning Department completed an analysis finding that funding this action related to modifications or amendments of the Plan conforms to the criteria of the DRI/master plan supplemental fee as described in the Increment III Development Order; and WHEREAS, the current balance of available funds collected by the City for the SEOPW CRA Master Plan/recovery development supplemental fees is $5,264,741.82 as of September 3, 2024, and transfer of a portion of these funds has been approved by the Planning Director; and WHEREAS, it is in the best interests of the City to transfer the funds to reimburse and provide future funding to the SEOPW CRA for the provision of projects specified in the Increment III SEOPW Development Order and the DRI/master plan recovery fee description; IN ORDER TO REIMBURSE FUNDING TO THE SEOPW CRA FOR THE AMENDMENT OF A REDEVELOPMENT PLAN, SUBJECT TO THE REVIEW AND APPROVA NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings set forth in the preamble of this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to transfer funds, in a total amount of $317,000.00, collected by the City as SEOPW DRI/master plan recovery fees and DRi supplemental fees, to the SEOPW CRA, to reimburse funding to the SEOPW CRA for the amendment of a redevelopment plan, subject to the review and approval by the City Manager. Section 3. This Resolution shall become effective immediately upon its adoption. u4 rJ c,3 -13 N City of Miami Page 2 of 3 File ID: 16677 (Revision:) Printed on: 10/23/2024 Enactment Number: File ID: 16677 APPROVED AS TO FORM AND CORRECTNESS: Wy ng III ., C ytor 10/10/2024 .7) Co f77 City of Miami Page 3 of 3 File ID: 16677 (Revision:) Printed on: 10/23/2024