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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorneys/Geoff x.. wysor-rrr DATE: April 3, 2025 RE: April 10, 2025 Commission Meeting Agenda — Substitution of PH.5 — A Resolution pursuant to Sections 163.335 and 163.355, Florida Statutes, accepting and approving the Finding of Necessity ("FON") and declaring the need to establish the Allapattah Redevelopment District Community Redevelopment Agency ("Allapattah CRA") File No. 17340 Item PH.5 on the April 10, 2025 City Commission Agenda accepts and approves the FON and declares a need to establish the Allapattah CRA pursuant to Sections 163.335 and 163.355, Florida Statutes, among other statutory requirements. This item is being substituted to clearly reflect that the City Commission is making a legislative finding that the conditions pursuant to Section 163.355, Florida Statutes are met and further corrects a typographical error. cc. Arthur Noriega, V, City Manager Miriam Santana, Agenda Coordinator GKW/JAG/DJGS 743 LJ 43 go SA MOTIC- 0 M City of Miami Resolution Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17340 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE FINDING OF NECESSITY ("FON") PREPARED BY BUSINESS FLARE, LLC, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," DECLARING, IN ACCORDANCE WITH SECTIONS 163.335 AND 163.355, FLORIDA STATUTES, AND AFTER A PUBLIC HEARING, A CERTAIN. GEOGRAPHIC AREA LOCATED IN THE CITY OF MIAMI ("CITY") KNOWN AS ALLAPATTAH, GENERALLY BOUNDED ON THE NORTH BY STATE ROAD 112/AIRPORT EXPRESSWAY, ON THE EAST BY INTERSTATE-95 AND NORTHWEST 7TH AVENUE, ON THE SOUTH BY THE MIAMI RIVER, AND ON THE WEST BY NORTHWEST 19TH AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED AND INCORPORATED ("AREA"), TO BE A SLUM OR BLIGHTED AREA; DECLARING THE REHABILITATION, CONSERVATION AND REDEVELOPMENT OF THE AREA ARE NECESSARY AND IN THE BEST INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS AND WELFARE OF THE RESIDENTS OF THE CITY, MIAMI-DADE COUNTY ("COUNTY"), AND THE RESIDENTS LIVING WITHIN THE PROPOSED AREA AND DECLARING THE NEED TO ESTABLISH THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("ALLAPATTAH CRA") WITH GEOGRAPHIC BOUNDARIES AS SET FORTH IN EXHIBIT "B" ATTACHED AND INCORPORATED; FURTHER PURSUANT TO SECTION 163.356(1), FLORIDA STATUTES, DECLARING THAT THERE IS A NEED FOR THE ALLAPATTAH CRA AND DECLARING THE CITY COMMISSION TO BE THE GOVERNING BODY OF THE ALLAPATTAH CRA WHICH WILL BE A SEPARATE, DISTINCT, AND INDEPENDENT ENTITY FROM THE CITY COMMISSION WITH ALL THE RIGHTS, POWERS, PRIVILEGES, DUTIES, AND IMMUNITIES OF A COMMUNITY REDEVELOPMENT AGENCY; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPYOF THIS LEGISLATION TO THE COUNTY FOR FURTHER LEGISLATIVE4AC AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Miguel Angel Gabela -t� Ltd N WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of .l 969,. :1 which is presently codified in the Florida Statutes at Chapter 163, Part III, Sections 163.3Q through 163.463, as amended ("Act"); and WHEREAS, on October 15, 2024, the City of Miami ("City") Commission, adopted Resolution No. R-24-0415, which directed the City Manager to, among other things, hire consultants to prepare the Finding of Necessity ("FON"), pursuant to the Act, for the creation of a Community Redevelopment Agency in the neighborhood commonly referred to as "Allapattah" in the City, as more particularly described in Exhibit "B" attached and incorporated herein; and City of Miami Page 1 of 4 File ID: 17340 (Revision:) Printed On: 3/25/2025 File ID: 17340 Enactment Number: WHEREAS, the neighborhood commonly referred to as "Allapattah" in the City spans approximately five (5) square miles and has long been home to a melting pot of residents from Central America to the Caribbean; and WHEREAS, the City Commission desires to revitalize Allapattah through the creation of a Community Redevelopment Area to be known as the Allapattah Redevelopment District Community Redevelopment Agency ("Allapattah CRA), within the boundaries of the Allapattah area, as depicted in Exhibit "B" attached and incorporated herein ("Area"), which as a prerequisite thereto, requires the preparation of a FON, pursuant to the Community Redevelopment Act of 1969; and WHEREAS, Section 163.355, Florida Statutes, requires a FON 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, 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, Tight, 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. (b) Aggregate assessed values of real property in the area for ad valorem tax purpo es 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., ; - rY (d) Unsanitary or unsafe conditions. ^* (e) Deterioration of site or other improvements. (f) Inadequate and outdated building density patterns. ct? Fri (g) Falling lease rates per square foot of office, commercial, or industrial space E 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. 4 "fir City of Miami Page 2 of 4 File ID: 17340 (Revision:) Printed on: 3/25/2025 File ID: 17340 Enactment Number: (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. (o) A substantial number or percentage of properties damaged by sinkhole activity which have not been adequately repaired or stabilized; and WHEREAS, the FON, prepared by BusinessFlare, LLC, attached an incorporated herein as Exhibit "A," illustrates the need to establish the Allapattah CRA within the Area; and WHEREAS, the FON utilized a combination of government -maintained data, property records, public safety statistics, and field assessments to evaluate both the physical and socioeconomic conditions within the proposed Allapattah CRA Area; and WHEREAS, data collection efforts were guided by the statutory criteria under Sections 163.340(7) and (8), Florida Statutes, with a focus on identifying qualifying indicators of slum and blight; and WHEREAS, the proposed Allapattah CRA Area has been determined to meet one (1) qualifying criteria for a "slum area", as defined pursuant to Section 163.340(7), Florida Statutes, with the existence of conditions that endanger life or property by fire or other causes; and WHEREAS, additionally, the proposed Allapattah CRA Area meets seven (7) qualifying criteria for a "blighted area" as defined pursuant to Section 163.340(8), Florida Statutes, consisting of defective or inadequate infrastructure, faulty lot layout, unsanitary or unsafe conditions, deterioration of site or other improvements, higher crime rates, increased emergency calls, and public property with adverse environmental conditions; and WHEREAS, the presence of multiple qualifying factors highlights the urgent need ferri intervention to address economic distress, public safety concerns, and physical degradatigtL and WHEREAS, the establishment of the Allapattah CRA would provide the legal:�and financial framework to promote targeted redevelopment, attract private investment, 'and improve ', the quality of life for residents; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of 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 FON, attached and incorporated herein as Exhibit "A" demonstrating a need to establish the Allapattah CRA, bounded on the north by State Road 112/Airport Expressway, on the east by Interstate-95 and North West 7th Avenue on the south by the Miami River, and on the west by North West 19th Avenue, as more particularly described in Exhibit "B" attached and incorporated herein. City of Miami Page 3 of 4 File ID: 17340 (Revision:) Printed on: 3/25/2025 File ID: 17340 Enactment Number: Section 3. The City Commission further agrees and accepts the findings of the FON, attached an- incorporated herein as Exhibit "A" that rehabilitation, conservation, and redevelopment of the Area are necessary and in the best interest of the public health, safety, and welfare of the residents of the City, County and proposed Allapattah CRA area. Section 4. The City Commission further agrees and confirms that the FON constitutes a slum or blighted area within the proposed Allapattah CRA boundaries, as defined in Chapter 163, Florida Statutes. Section 5. The City Commission hereby makes a legislative finding pursuant to Section 163.355(1) and (2) Florida Statutes that the conditions in the Aarea within the proposed Allapattah CRA boundaries described in Section 2 of this Resolution meet the criteria described in Section 163.340(7) and or-(8), and that one or more slum or blighted areas exist therein, and that the rehabilitation, conservation, or redevelopment, or a combination thereof, of sus#the aArea, including the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary and in the interest of the public health, safety, morals, or welfare of the residents of the City. Section 56. The City Commission hereby declares the need to establish the Allapattah CRA with geographic boundaries as set forth in Exhibit "B" attached and incorporated and pursuant to Section 163.356(1) Florida Statutes, declares that the City Commission shall be the governing body of the Allapattah CRA which will be a separate, distinct, and independent entity from the City Commission with all the rights, powers, privileges, duties, and immunities of a Community Redevelopment Agency. Section 6. The City Manager is further directed to transmit a copy of this legislation to the County for further legislative action for the establishment of the Allapattah CRA. Section 7. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 4 of 4 File ID: 17340 (Revision:) Printed on: 3/25/2025 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17340 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING THE FINDING OF NECESSITY ("FON") PREPARED BY BUSINESS FLARE, LLC, ATTACHED AND INCORPORATED HEREIN AS EXHIBIT "A," DECLARING, IN ACCORDANCE WITH SECTIONS 163.335 AND 163.355, FLORIDA STATUTES, AND AFTER A PUBLIC HEARING, A CERTAIN GEOGRAPHIC AREA LOCATED IN THE CITY OF MIAMI ("CITY") KNOWN AS ALLAPATTAH, GENERALLY BOUNDED ON THE NORTH BY STATE ROAD 112/AIRPORT EXPRESSWAY, ON THE EAST BY INTERSTATE-95 AND NORTHWEST 7TH AVENUE, ON THE SOUTH BY THE MIAMI RIVER, AND ON THE WEST BY NORTHWEST 19TH AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B" ATTACHED AND INCORPORATED ("AREA"), TO BE A SLUM OR BLIGHTED AREA; DECLARING THE REHABILITATION, CONSERVATION AND REDEVELOPMENT OF THE AREA ARE NECESSARY AND IN THE BEST INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE RESIDENTS OF THE CITY, MIAMI-DADE COUNTY ("COUNTY"), AND THE RESIDENTS LIVING WITHIN THE PROPOSED AREA AND DECLARING THE NEED TO ESTABLISH THE ALLAPATTAH REDEVELOPMENT DISTRICT COMMUNITY REDEVELOPMENT AGENCY ("ALLAPATTAH CRA") WITH GEOGRAPHIC BOUNDARIES AS SET FORTH IN EXHIBIT "B" ATTACHED AND INCORPORATED; FURTHER PURSUANT TO SECTION 163.356(1), FLORIDA STATUTES, DECLARING THAT THERE IS A NEED FOR THE ALLAPATTAH CRA AND DECLARING THE CITY COMMISSION TO BE THE GOVERNING BODY OF THE ALLAPATTAH CRA WHICH WILL BE A SEPARATE, DISTINCT, AND INDEPENDENT ENTITY FROM THE CITY COMMISSION WITH ALL THE RIGHTS, POWERS, PRIVILEGES, DUTIES, AND IMMUNITIES OF A COMMUNITY REDEVELOPMENT AGENCY; FURTHER DIRECTING THE CITY MANAGER TO TRANSMIT A COPY OF THIS LEGISLATION TO THE COUNTY FOR FURTHER LEGISLATIVE ACTION AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969, which is presently codified in the Florida Statutes at Chapter 163, Part III, Sections 163.330 through 163.463, as amended ("Act"); and WHEREAS, on October 15, 2024, the City of Miami ("City") Commission, adopted Resolution No. R-24-0415, which directed the City Manager to, among other things, hire consultants to prepare the Finding of Necessity ("FON"), pursuant to the Act, for the creation of a Community Redevelopment Agency in the neighborhood commonly referred to as "Allapattah" in the City, as more particularly described in Exhibit "B" attached and incorporated herein; and WHEREAS, the neighborhood commonly referred to as "Allapattah" in the City spans approximately five (5) miles and has long been home to a melting pot of residents from Central America to the Caribbean; and WHEREAS, the City Commission desires to revitalize Allapattah through the creation of a Community Redevelopment Area to be known as the Allapattah Redevelopment District Community Redevelopment Agency ("Allapattah CRA), within the boundaries of the Allapattah area, as depicted in Exhibit "B" attached and incorporated herein ("Area"), which as a prerequisite thereto, requires the preparation of a FON, pursuant to the Community Redevelopment Act of 1969; and WHEREAS, Section 163.355, Florida Statutes, requires a FON 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, 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. (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. (o) A substantial number or percentage of properties damaged by sinkhole activity which have not been adequately repaired or stabilized; and WHEREAS, the FON, prepared by BusinessFlare, LLC, attached an incorporated herein as Exhibit "A," illustrates the need to establish the Allapattah CRA within the Area; and WHEREAS, the FON utilized a combination of government -maintained data, property records, public safety statistics, and field assessments to evaluate both the physical and socioeconomic conditions within the proposed Allapattah CRA Area; and WHEREAS, data collection efforts were guided by the statutory criteria under Sections 163.340(7) and (8), Florida Statutes, with a focus on identifying qualifying indicators of slum and blight; and WHEREAS, the proposed Allapattah CRA Area has been determined to meet one (1) qualifying criteria for a "slum area", as defined pursuant to Section 163.340(7), Florida Statutes, with the existence of conditions that endanger life or property by fire or other causes; and WHEREAS, additionally, the proposed Allapattah CRA Area meets seven (7) qualifying criteria for a "blighted area" as defined pursuant to Section 163.340(8), Florida Statutes, consisting of defective or inadequate infrastructure, faulty lot layout, unsanitary or unsafe conditions, deterioration of site or other improvements, higher crime rates, increased emergency calls, and public property with adverse environmental conditions; and WHEREAS, the presence of multiple qualifying factors highlights the urgent need for intervention to address economic distress, public safety concerns, and physical degradation; and WHEREAS, the establishment of the Allapattah CRA would provide the legal and financial framework to promote targeted redevelopment, attract private investment, and improve the quality of life for residents; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of 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 FON, attached and incorporated herein as Exhibit "A" demonstrating a need to establish the Allapattah CRA, bounded on the north by State Road 112/Airport Expressway, on the east by Interstate-95 and North West 7th Avenue on the south by the Miami River, and on the west by North West 19th Avenue, as more particularly described in Exhibit "B" attached and incorporated herein. Section 3. The City Commission further agrees and accepts the findings of the FON, attached an incorporated herein as Exhibit "A" that rehabilitation, conservation, and redevelopment of the Area are necessary and in the best interest of the public health, safety, and welfare of the residents of the City, County and proposed Allapattah CRA area. Section 4. The City Commission further agrees and confirms that the FON constitutes a slum or blighted area within the proposed Allapattah CRA boundaries, as defined in Chapter 163, Florida Statutes. Section 5. The City Commission hereby declares the need to establish the Allapattah CRA with geographic boundaries as set forth in Exhibit "B" attached and incorporated and pursuant to Section 163.356(1) Florida Statutes, declares that the City Commission shall be the governing body of the Allapattah CRA which will be a separate, distinct, and independent entity from the City Commission with all the rights, powers, privileges, duties, and immunities of a Community Redevelopment Agency. Section 6. The City Manager is further directed to transmit a copy of this legislation to the County for further legislative action for the establishment of the Allapattah CRA. Section 7. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: III, C y for -y 4/1/2025