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Home My WebLink AboutCRA-R-21-0019 Substitution Memo from Executive DirectorSEOPW Board of Commissioners Meeting July 22, 2021 SOUTHEAST OVERTOWNIPARK WES1 COMMUNITY REDEVELOPMENT AGENCY INTER -OFFICE MEMORANDUM To: Board Chair Jeffrey Watson Members of the SEOPW CRA Board from: Cornelius Shiver Executive Director Date: July 22, 2021 File: Subject: Resolution authorizing the an}endt tt of the SEOPW Development of Region mpact ("DRI")/Increment 3 credits. G� References: Enclosures: BACKGROUND: The attached Resolution of the Board of Commissioners of the Southeast Overtown/Park West Community Redevelopment Agency (the "SEOPW CRA") authorizes the amendment of the SEOPW Development of Regional Impact ("DRI")/ Increment 3 credits. The Southeast OvertownlPark West Development of Regional Impact ("DRI") was created to mitigate regional impacts of large-scale development and simplify the review process for large-scale developments in the City's urban core through the "areawide DRI" process, as established by Florida Statutes §380.06 (10). The City of Miami, having adopted this area -wide DRI, took over the entitlement process of DRIs for large-scale development, especially related to transportation, thus advancing the SEOPW CRA goals of improving housing, economic conditions, and eliminating slum and blight within the SEOPW CRA area. As a result, the CRA and the City of Miami executed a Memorandum of Understanding establishing the SEOPW CRA as the "developer" of the DRI; The DRI includes a specified development program for development within the east and west sides of the DRI. Since the implementation of Increment II1 of the DRI, the SEOPW CRA has found that it is necessary to adjust the development program between the east and west sides of the DRI in order to appropriately encourage and facilitate the development of housing and employment opportunities within the DRI. Kimley-Horn and Associates has prepared an analysis of the DRI dated April 12, 2021, based on the development program provided by the City's Planning Department, that balances deficits of development credits using exchange rates from Increment III of the DRI, attached as Exhibit A. This rebalances surplus credits to land uses with a deficit in credits and identifying credits needed for future anticipated development. JUSTIFICATION: Pursuant to Section 163.340(9), Florida Statutes, (the "Act") community redevelopment means "undertakings, activities, or projects of a .., community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slums and blight...." q 3 (IL1- Suh5 lion Me,uo ExEccrii ✓e. Di'e th r Section 2, Goal 2 at page 10 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Updated Plan (the "Updated Plan") lists "[e]xpand[ing] the Tax Base using Public -Private principles... for sound real estate ... development, and creating viable commercial corridors within the SEOPW CRA..." as a stated redevelopment goal. Pursuant to Section 380.06, Florida Statutes, the DRI was established by a Development Order. The conditions of the Development Order have been codified by Chapters 13 and 14 of the City of Miami Code. These conditions, requiring that the development credits be balanced, bring the DRI into compliance with the Development Order conditions. Further, the CRA is considered the "developer" of the DRI, pursuant to Sec. 380.06 (10) and memorialized by a Memorandum of Understanding between the City of Miami and the CRA. FUNDING: An allocation of funding is not needed for this item. a F ry 4i, A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY RECOMMENDING AUTHORIZATION OF AMENDMENT OF SEOPW DEVELOPMENT OF REGIONAL IMPACT ("DRI"), INCREMENT 3 CREDITS; AUTHORIZING THE EXECUTIVE DIRECTOR TO EXCUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. WHEREAS, the Southeast OvertownlPark West Community Redevelopment Agency ("SEOPW CRA") is 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 2018 Southeast OvertownlPark West Redevelopment Updated Plan (the "Updated Plan"); and WHEREAS, under Florida Statutes, Section 163.340(9) of the Community Redevelopment Act, (the "Act"), "community redevelopment means projects of a ... community redevelopment agency in a community redevelopment area for the elimination and prevention of the development or spread of slum and blight"; and WHEREAS, the Southeast Overtown'Park West Development of Regional Impact ("DRI") was created to simplify the review process for large-scale developments in the City's urban core through the "areawide DRI" process, as established by Florida Statutes §380.06 (10); and WHEREAS, the City of Miami, having adopted this area -wide DRI, took over the entitlement process of DRIs for large-scale development, especially related to transportation, thus advancing the SEOPW CRA goals of improving housing, economic conditions, and eliminating slum and blight within the SEOPW CRA area; and WHEREAS, the CRA and the City of Miami executed a Memorandum of Understanding establishing the SEOPW CRA as the "developer" of the DRI; and WHEREAS, the DRI includes a specified development program for development within the east and west sides of the DRI; and WHEREAS, since the implementation of Increment III of the DRI, the SEOPW CRA has found that it is necessary to adjust the development program between the east and west sides of the DRI in order to appropriately encourage and facilitate the development of housing and employment opportunities within the DRI; and WHEREAS, Kimley-Horn and Associates has prepared an analysis of the DRI dated April 12, 2021, based on the development program provided by the City's Planning Department, that balances deficits of development credits using exchange rates from Increment III of the DRI, attached as Exhibit A; and WHEREAS, this rebalances surplus credits to land uses with a deficit in credits and identifying credits needed for future anticipated development; and WHEREAS, Section 2, Goal 2 at page 10 of the 2018 Southeast Overtown/Park West Community Redevelopment Agency Updated Plan (the "Updated Plan") lists "[e]xpand[ing] the Tax Base using Public -Privates principles...for sound real estate ... development, and creating viable commercial corridors within the SEOPW CRA..." as a stated redevelopment goal; and WHEREAS, pursuant to Section 380.06, Florida Statutes, the DRI was established by a Development Order. The conditions of the Development Order have been codified by Chapters 13 and 14 of the City of Miami Code. These conditions, requiring that the development credits be balanced, bring the DRI into compliance with the Development Order conditions. Further, the SEOPW CRA is considered the "developer" of the DRI, pursuant to Florida Statutes §380.06 (10) and memorialized by a Memorandum of Understanding between the City of Miami and the SEOPW CRA; and WHEREAS, the Board of Commissioners finds that authorizing this Resolution would further the SEOPW CRA redevelopment goals and objectives. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY 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 Board of Commissioners hereby authorizes the rebalancing of credits within the DRI pursuant to the report prepared by Kimley-Hom and Associates dated April 12, 2021. Section 3. The Executive Director is authorized to execute all documents necessary for said purpose. Section 5. This Resolution shall become effective immediately upon its adoption. M AMICOMMU1110111/116• Redevelopment Agency Y1�iS"EASf iNEN"7+iH 'AAA WET, • PY441 nPrifJA''FMENT p65rNiC7 i Ai17ICW 11 RICHARD P. DUNN 11 SEOPW Board Chair Via Hand Delivery April 1, 2010 Melissa Tapanes Llahues, Esq. Bercow Radell & Fernandez, PA Zoning, Land Use and Environmental Law Wachovia Financial Center 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 TAMES H. VILLACORTA Exteutive Director RE: Memorandum of Understanding between the CRA and the City of Miami Dear Ms. Tapanes, Enclosed please find two (2) fully executed originals of the Memorandum of Understanding between the City of Miami and the CRA regarding Increment III of the Southeast OvertownfPark West Development of Regional Impact. Should you have any questions or concerns, please feel free to contact me at (305) 679-6807. Very truly yours, S. Watkins, Esq. Staff Counsel Enclosures c: James H. Villacorta, CRA Executive Director Chelsa Arscott, CRA Program Administrator SOUTHEAST OVERTOWNIPARIC WEST, OMNI REDEVELOPMENT DISTRICT, AND MIDTOWN COMMUNITY REDEVELOPMENT AGENCIES 49 N.W. 5'" Street, Ste. 1001 lviiami, FL 331281 Telephone: (305) 679-6800 i Faes ile (305) 679-6835 Email: crant1,miam3i.t.us, I Webslte: www.miaml—a.org MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MIAMI, FLORIDA AND CITY OF MIAMI COMMTJNITY REDEVELOPMENT AGENCY REGARDING INCREMENT HI OF THE SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT OF REGIONAL IMPACT THIS MEMORANDUM OF 'UNDERSTANDING ("MOU") is entered into this day of March, 2010, by and between CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY for Southeast Overtown Park West ("SEOPW") ("CRA"), and the CITY OF MIAMI, FLORIDA, a municipal corporation and a political subdivision of the State of Florida ("City") WITNESSETII: WHEREAS, the City of Miami adopted Resolution No. 88-110 approving the Master Development Order for the Southeast Overtown Park West ("SEOPW") Areawide Development of Regional Impact ("DRI") on February 11, 1988; WHEREAS, the City of Miami adopted Resolution No. 88-111 approving the SEOPW DRI Increment I Development Order, including land uses and gross square footages, on February 11, 1988; WHEREAS, the City of Miami adopted Resolution No. 92-609 approving the SEOPW DRI Inereinent II Development Order on September 24, 1992; WHEREAS, the City of Miami served as the developer and applicant in the Master Development Order, Increment I Development Order and Increment II Development Order; WHEREAS, the City of Miami Community Redevelopment Agency was established in 1995 following approval of the Master Development Order, Increment I Development Order and Increment II Development Order; WHEREAS, Chapter 380.06, Florida Statutes, provides certain considerations for general purpose local governments acting as a developer of an Areawide DRI; NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties understand and agree to the following under the subject terms and conditions: Section I, The City of Miami and the CRA shall serve as co -applicants in all applications, agreements and documents related to the application for development. approval (ADA) for Increment III of the SEOPW DRI. Section 2. The CRA shall be solely responsible for all costs, expenses, fees, charges, levies, and lawful impositions or levies of any hind associated with the ADA for Increment III of the SEOPW DRI, including, without limitation, all application fees and consultant costs. 1 Section 3. The City of Miami acknowledges that the CRA commenced work related to Increment III of the SEOPW DRI on or around September 8, 2008. This work has included retention of consultants; community outreach; discussions with stakeholders and governmental agencies, including representatives from the Southeast Overtown and Park West neighborhoods, Miami Worldcenter Group, LLC, City of Miami planning and zoning staff, and South Florida Regional Planning Council staff; as well as creation of the proposed development program and related mitigation strategies. The City of Miami acknowledges and accepts that the ADA for Increment Ill will propose the development program attached hereto as Exhibit A. The proposed development program will be considered through the public hearing process by the City of Miami and/or its boards, departments or agencies, acting in their governmental capacity in the exercise of the police power under the City of Miami's jurisdiction. Section 4. The CRA represents, warrants and agrees to indemnify, defend and hold harmless the City of Miami, its elected officials, agents and employees, harmless from any liability, cost, fee, expense, liability, judgment, decree, imposition, levy, action, imposition, assessment, damage or claim of any nature or kind arising from of the processing of the ADA for Increment III of the SEOPW DRI. Section 5. The Parties agree to cooperate with each other to the full extent reasonably practicable to process and obtain approvals for Increment III of the SEOPW DRI. The Parties agree that time is of the essence in all aspects of their respective and mutual responsibilities pursuant to this understanding. The City shall use its best efforts to expedite to the extent reasonably practical the requests from the CRA to the extent permitted by law. In addition, the City Planning Director will designate an individual within the Planning Department who will have a primary (though not exclusive) task to serve as the CRA's point of contact and liaison in order to facilitate expediting the CRA"s requests. Section 6. The Parties hereto recognize and agree that the processing and approval of the ADA for Increment IIl of the SEOPW DRI requires the City of Miami and/or its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions. All such considerations and actions shall be undertaken in accordance with established requirements of state statutes and municipal ordinances, in the exercise of the City of Miami's jurisdiction under the police power. Nothing in this Memorandum of Understanding shall be construed to prohibit the City of Miami from duly acting under its police power to approve, approve with conditions, or reject any public hearing application dealing with the SEOPW DRI. This Memorandum of Understanding does not in any way constitute an approval of Increment III of the SEOPW DRI. Section 7. This MOLT constitutes the full, complete and final Agreement between the parties as to its subject matter. It may only be amended by an .approved amendment signed by authorized officials of the respective parties. This MOU supersedes all prior and contemporaneous oral communications, contracts, memorandums, writings or other exchanges between the parties as to its subject matter. Section S. This Agreement shall have a term of three (3) years from execution or when Increment III of the SEOPW DRI is approved, whichever occurs first. 2 Section 9. All noticed pursuant to this Agreement shall be iri writing and shall be delivered by hand or by the United States Postal Service, certified mail service, postage prepaid, return receipt requested, addressed to the following addresses of record: FOR THE CITY: City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 With copy to: City Attorney Miami Riverside Center 444 S,W. 2nd Ave., 9th Floor Miami, Florida 33130 FOR THE CRA: Executive Director City of Miami Community Redevelopment Agency 49 NW 5th Street, Suite 100 Miami, Florida 33147 With copy to: Jeffrey Bercow, Esq. Bercow Radell & Fernandez, P.A. 200 South Biscayne Boulevard, Suite 850 Miami, Florida 33131 NOW, WHEREOF, the City and the CRA have caused this Memorandum of Understanding to be duly executed. SIGNATURES TO FOLLOW 3 CITY OF MIAMI, FLORIDA By: Carlos A. Migoya City Manager Approved as to Legal Form.: Julie O. Bru, Esc}., City Attorney Appr9v+e� Ana t34'.1 r anchez, Planning Director Date: /6 CITY OF MIAMI COMMUNITY REDEVELOPMENT AGENCY By: , arnes Villacorta Executive Director Approved as to Legal Form: ovv, Esq., CPA Special Counsel Date: "3 1,/iv 4 EXHIBIT A SEOPW DRI Proposed Development Prok ram far Increment Ili Units increment tii Proposed Development Program Office SF 2,340,000 Retail SF 1250,000 Residential DU 4,000 Hotel Raoms .2,100 Recreation Seats 8,000 Convention SF 200,000