Miami-Dade Legislative Item
File Number: 110860
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File Number: 110860 File Type: Resolution Status: Adopted
Version: 0 Reference: R-604-11 Control: Internal Mgmt. & Fiscal Responsibility Committee
File Name: REDEVELOPMENT PLAN FOR THE 79TH STREET CRA Introduced: 4/15/2011
Requester: NONE Cost: Final Action: 7/19/2011
Agenda Date: 7/19/2011 Agenda Item Number: 5H
Notes: PH AT BCC Title: RESOLUTION ADOPTING COMMUNITY REDEVELOPMENT PLAN REGARDING CERTAIN GEOGRAPHIC AREA OF MIAMI-DADE COUNTY, FLORIDA KNOWN AS THE N.W. 79TH STREET CORRIDOR AND DESCRIBED AS A PORTION OF MIAMI-DADE COUNTY, FLORIDA GENERALLY BOUNDED BY NW 87TH STREET ON THE NORTH, NW 62ND STREET ON THE SOUTH, NW 7TH AVENUE ON THE EAST, AND NW 37TH AVENUE ON THE WEST; AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH REDEVELOPMENT PLAN AND SUCH GEOGRAPHIC AREA
Indexes: COMMUNITY REDEVELOPMENT AREA
Sponsors: Jean Monestime, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 7/19/2011 5H Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed resolution into the record. Chairman Martinez opened the public hearing and called for persons wishing to appear before the Commission in connection with this proposed resolution. Ms. Renita Holmes, 2300 NW 79 Street, Miami, representing Action Trailers and Welding Services, the owner of a property located in the middle of two County properties, appeared before the Commission. She noted that she was pleased with the recent 79th Street Corridor progress and indicated she was looking forward to more direct communication with Commissioner Monestime. Ms. Holmes said it would be more fair and equitable to approach green industries. She noted that three businesses were victimized in three days and were in need of assistance. Ms. Holmes addressed the need to use environmentally and culturally appropriate considerations for existing businesses and residences and thanked the commission for having the insight to bring sustainable economic opportunities to the community. Reverend Dr. R. Joaquin Willis, Church of the Open Door and President/Board Chair, Collective Banking Group of Miami-Dade Vicinity, and 79th Street Corridor Board Member, thanked Commissioner Monestime for sponsoring this proposed resolution. He urged the County Commission to continue efforts to strengthen economic development programs in this critical area. Reverend Willis said this revitalization plan would bring unity to the 79th Street Corridor and believed it was one of the last stages of community redevelopment to occur within Miami’s African American community. Mr. Leroy Jones, 180 NW 62 Street, Miami, spoke in support of this proposal, noting that 79th Street was desperately in need of being designated as a Community Redevelopment Area (CRA). After hearing no one further, Chairman Martinez closed the public hearing. Hearing no further questions or comments, the Commission proceeded to vote on the foregoing proposed resolution. Following the vote, Commissioner Bell noted she believed that Commissioner Monestime understood the needs of his District and that the CRA was needed. She suggested that taxpayer dollars be protected by the Interlocal Agreement being approved by the County Commission before CRA funding was distributed and recommended that a County Commissioner was included on the CRA Board. Commissioner Monestime indicated he was committed to the CRA becoming a model program for the County. He urged the County Commission to closely examine the program to ensure that it would accomplish its objectives. In response to Commissioner Bell’s comments, Commissioner Monestime suggested that the CRA not be treated differently than any existing CRA, unless the rules changed across the board for all CRAs. Commissioner Bell responded that it was prudent to request changes now since the only authority the County Commission had over a CRA was during the creation of the Interlocal Agreement. She noted legislative reform in the Florida House of Representatives to strengthen CRA requirements was in order. Commissioner Bell said that this proposal was not treating CRAs differently from one another and that the Interlocal Agreement established the specific requirements. Chairman Martinez expressed concern that CRAs were funded out of the General Fund; that administrative expenses were high; that little improvement in those communities was observed; and that they were still suffering with slum and blight.

Internal Mgmt. & Fiscal Responsibility Committee 7/12/2011 2K Forwarded to BCC with a favorable recommendation P
REPORT: See Legislative File No. 11476

County Attorney 6/29/2011 Assigned Terrence A. Smith

County Manager 6/22/2011 Assigned County Attorney 9/1/2011
REPORT: OSBM - Revised Item

County Manager 6/21/2011 Assigned Jennifer Glazer-Moon 6/21/2011
REPORT: Item returned to ACM.

County Attorney 6/21/2011 Assigned County Manager's Office
REPORT: item returned to agenda office - attorney's changes

County Attorney 6/21/2011 Assigned Terrence A. Smith

County Manager 6/9/2011 Assigned County Attorney 9/1/2011
REPORT: OSBM - Terrence Smith assisted - Pending Committee - Public Hearing - Attachments: Exhibits A and B-- Jean Monestime

County Attorney 4/20/2011 Assigned County Manager's Office 4/20/2011
REPORT: returned - requires sponsor

County Manager 4/15/2011 Assigned County Attorney 7/7/2011
REPORT: OSBM - Terrence Smith assisted - Pending Committee - Public Hearing - Attachments: Exhibits A and B

County Manager 4/15/2011 Assigned Jennifer Glazer-Moon 4/15/2011

Legislative Text


TITLE
RESOLUTION ADOPTING COMMUNITY REDEVELOPMENT PLAN REGARDING CERTAIN GEOGRAPHIC AREA OF MIAMI-DADE COUNTY, FLORIDA KNOWN AS THE N.W. 79TH STREET CORRIDOR AND DESCRIBED AS A PORTION OF MIAMI-DADE COUNTY, FLORIDA GENERALLY BOUNDED BY NW 87TH STREET ON THE NORTH, NW 62ND STREET ON THE SOUTH, NW 7TH AVENUE ON THE EAST, AND NW 37TH AVENUE ON THE WEST; AND MAKING CERTAIN FINDINGS WITH RESPECT TO SUCH REDEVELOPMENT PLAN AND SUCH GEOGRAPHIC AREA

BODY
WHEREAS, the Florida Legislature enacted the Community Redevelopment Act of 1969 during its 1969 Legislative Session, which enactment is presently codified in the Florida Statutes as Part III of Chapter 163, Florida Statutes, as amended from time to time (the “Act”); and

WHEREAS, all powers arising through the Act are conferred by the Act upon counties and Home Rule Charters, which counties in turn are authorized to delegate certain of such power to a community redevelopment agency created pursuant to the Act; and

WHEREAS, on May 5, 2009 the Board of County Commissioners of Miami-Dade County, Florida (the “Board”) adopted Resolution No. R-566-09 which declared a certain geographic area of unincorporated Miami-Dade County known as the N.W. 79th Street Corridor, which is bounded on the North by NW 87th Street, bounded on the South by NW 62nd Street, bounded on the East by NW 7th Avenue, and bounded on the West by NW 37th Avenue, more particularly described in Exhibit “A”, to be a slum or blighted area, declared the rehabilitation, conservation or redevelopment, or combination of each to be necessary in the NW 79th Street area in the interest of the public health, safety, morals or welfare of the residents of the Redevelopment Area and the County and found the need for the creation of a community redevelopment agency; and

WHEREAS, the Board, pursuant to Ordinance No. 11-55 enacted on July 19, 2011, created the N.W. 79th Street Corridor Community Redevelopment Agency (the “Agency”), appointed individuals to be members of the Agency, granted the Agency the power to initiate, prepare, and adopt a redevelopment plan, subject to approval by the Board; and

WHEREAS, the County employed a consultant who prepared a preliminary community redevelopment plan (“Plan”) which was submitted through the Miami-Dade County Department of Planning and Zoning to the Planning Advisory Board, sitting as the local planning agency of the County and the local planning agency reviewed said Plan on September 20, 2010 and submitted its written recommendations with respect to the conformity of the proposed Plan with the comprehensive plan for the development of the County as a whole; and

WHEREAS, a copy of the Plan which is attached as Exhibit “B” and incorporated in this Resolution by reference is submitted to this Board; and

WHEREAS, the Board has at this meeting conducted a public hearing with respect to the findings, conclusions and other matters set forth in this resolution; and

WHEREAS, the County is sympathetic to the needs of the Redevelopment Area to reverse the decline which has occurred in the Redevelopment Area,

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that

Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference.

Section 2. This Board accepts the delivery of the Plan and determines that:

(a) The rehabilitation, conservation or redevelopment or a combination of each, of the Redevelopment Area is necessary in the interest of the public health, safety, morals and welfare of the residents of Miami-Dade County and in the interest of implementing the Act by rehabilitating and revitalizing the area economically and socially, thereby inhibiting the spread of disease and crime, and inter alia improving the tax base, promoting sound growth, and providing improved housing conditions.

(b) A feasible method exists for the location of families who will be displaced from the Redevelopment Area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families.

(c) The Plan conforms to the general plan of the County as a whole.

(d) The Plan gives due consideration to the utilization of community policing innovations, and to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety and welfare of children residing in the general vicinity of the site covered by the Plan.

(e) The Plan will afford maximum opportunity, consistent with the sound needs of the County as a whole, for the rehabilitation or redevelopment of the Redevelopment Area by private enterprise.

(f) If the Redevelopment Area consists of an area of open land to be acquired by the County to be developed in whole or in part for residential uses such as may be acquired because it is hereby determined that: (i) a shortage of housing of sound standards and design which is decent, safe, affordable to residents of low or moderate income, including the elderly, and sanitary exists in the County; (ii) the need for housing accommodations has increased in the area; (iii) the conditions of blight in the area or the shortage of decent, safe, affordable and sanitary housing cause or contribute to an increase in the spread of disease and crime or constitute a menace to the public health, safety, morals or welfare; and (iv) the acquisition of the area for residential uses is an integral part of and is essential to the program of the County.

(g) If the Redevelopment Area consists of an area of open land to be acquired by the County so as to be developed in whole or in part for non-residential uses such may be acquired because it is hereby determined that: (i) such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives; (ii) acquisition may require the exercise of governmental action as provided in the Act because of defective, or unusual conditions of, title or diversity of ownership which prevents the free alienability of such land; tax delinquency; improper subdivisions; outmoded street patterns; deterioration of site; economic disuse; unsuitable topography or faulty lot layouts; lack of correlation of the area with other areas of the County by streets and modern traffic requirements; or any combination of such factors or other conditions which retard redevelopment of the area; and (iii) conditions of blight in the area contribute to an increase in and spread of disease and crime or constitute a menace to public health, safety, morals or welfare.

Section 3. This Board further finds and determines that: (a) the Plan conforms to the comprehensive plan for the County as prepared by the local planning agency under the Local Government Comprehensive Planning and Land Development Regulation Act (as determined by the Department of Planning and Zoning in the memorandum attached as Exhibit “C”); (b) the Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements and rehabilitation as may be proposed to be carried out in the Redevelopment Area, zoning and planning changes, if any, land uses, maximum densities and building requirements; (c) the Plan provides for the development of affordable housing in the area, or states the reasons for not addressing in the Plan the development of affordable housing in the area; (d) the Plan conforms with the Act; and (e) the Plan is necessary in the interest of the public health, safety, morals and welfare of the residents of the County and will effectuate the purposes of the Act by revitalizing the Redevelopment Area economically and socially, thereby increasing the tax base, promoting sound growth, improving housing conditions and eliminating the conditions which the Florida Legislature in the Act found constituted a menace which was injurious to the public health, safety, welfare and morals of the residents.

Section 4. This Board, after having conducted a public hearing on the matter for the purpose of giving all interested parties an opportunity to express their views, notice of which public hearing was published on July 12th,2011, in The Miami Herald, a true copy of which notice is attached as Exhibit “D” and made a part of this Resolution, and having made the findings expressed above, approves and adopts the Plan for the Redevelopment Area in accordance with the Act. The Plan is designated as the official redevelopment plan for the Redevelopment Area and it is the purpose and intent of the Board that the Plan, as the same may be amended and supplemented by the Board, be implemented in the Redevelopment Area.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

Subject: Resolution Approving the Redevelopment Plan for the NW 79 Street Community Redevelopment Area

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (BCC) approve the attached Redevelopment Plan (Plan) pursuant to Chapter 163, Part III, Florida State Statutes (Act). This resolution is part of a series of legislative items necessary to create a community redevelopment area. Additionally, through separate actions of the BCC, a Trust Fund must be created and the BCC must appoint a Community Redevelopment Agency (CRA) Board. The adoption of the Plan by the BCC will enable the NW 79th Street Corridor Community CRA to undertake redevelopment of the NW 79th Street Corridor Area (Area).

Scope of Agenda Item
The boundaries of the proposed CRA area encompass approximately 1,254 acres and are generally NW 7th Avenue to the east, NW 37th Avenue to the west, NW 87th Street on the north and NW 62nd Street on the south, in Commission District 2.

Fiscal Impact / Funding Source
The approval of this resolution will not have a fiscal impact; however, this resolution is one in a series of legislative items that, if approved, will have a fiscal impact on the County through the contribution of incremental growth of ad valorem revenues beyond an established base year, Tax Increment Financing (TIF), as defined in Section 163.387 of the Florida State Statutes into the CRA’s trust fund. Through the CRA’s TIF revenues, it will undertake redevelopment opportunities to eradicate slum and blight.

Because the proposed Area lies within the unincorporated municipal service area (UMSA), the County will contribute both countywide and UMSA TIF revenues through the life of the CRA. State statute requires that the taxing authorities, in this case countywide and UMSA general funds, contribute from 50 to 95 percent into the CRA Trust Fund once created. The amount of TIF to be deposited in the trust fund can be determined at the point when the trust fund is created. In the case of the proposed NW 79th Street CRA, staff is recommending that 75 percent of the increment be deposited into the trust fund, which will allow the County to also benefit from increases in property values as a result of the CRAs efforts. Staff is also recommending that the CRA be created initially for 10 years and extended by the BCC for a period not to exceed 30 years if still warranted. Based on conservative estimates and a contribution of 75 percent of the increment, it is projected that the first 10 years of TIF revenues will total $3.7 million ($2.6 million countywide and $1.1 million UMSA), based on an annual growth rate in taxable values of 5 percent. If the BCC later choose to extend the CRA for the full 30 years, it is projected that a total of $71.7 million ($49.6 million countywide and $22.1 million UMSA) in TIF would be generated. The BCC may also extend the life of the CRA by approving a financing instrument that requires an extension of life in order to satisfy debt service requirements.

Track Record / Monitor
This resolution does not provide for contracting with any specific entity. It approves and adopts the CRA’s Plan for the Area.

MANAGER'S BACKGROUND
Background
On January 7, 2005, the BCC adopted Resolution R-128-05, directing the County Manager to prepare a Finding of Necessity (FON) to determine whether the Area is in need of redevelopment and meets State of Florida (State) requirements to create a CRA. In September 2005, Miami-Dade County contracted with Keith and Schnars, P.A. to complete the FON, and a draft study was submitted in March 2006 for an area that was bounded by NW 87th Street to the north, NW 21st Avenue to the east, NW 71st Street to the south and NW 37th Avenue to the west. During a review of the study by the Tax Increment Financing and Coordinating Committee (TIFC) on December 17, 2007, the Area’s boundaries were substantially altered, requiring the FON to be revised. A revised FON was submitted in July 2008. On May 5, 2009, the BCC adopted R-566-09, to accept the FON study, demonstrating the existence of slum and blight and substantiating that the Area meets the State’s requirements to create a CRA.

In September 2009, Miami-Dade County contracted with PMG Associates to prepare a Redevelopment Plan (Plan) for the Area. The Plan was completed and submitted to the County in March 2010. After review by County staff and TIFC, the Plan was further reviewed by the Planning Advisory Board on September 20, 2010 and found to be consistent with the County’s Comprehensive Development Master Plan (CDMP).

The plan identifies six catalyst project areas along with strategies and takes into consideration the surrounding community, the preservation of historical buildings, and community heritage. The six project areas are:
1) Infill and replacement housing programs to include the attraction of private developers, owner-occupied home rehabilitations, replacement of sub-standard housing, promotion of mixed use and Transit Oriented Development (TOD) projects;
2) Economic development programs to attract large tenants to industrial area, construct new retail/office facilities, attract and assist in the creation of TODs;
3) Road improvements to address congestion along NW 79 Street, NW 27 Avenue, NW 22 Avenue, NW 17 Avenue and NW 12 Avenue;
4) Right-of-way and streetscape improvements along all major roads;
5) Infrastructure and utility improvements to support new development; and
6) Community policing to include police officers, crime prevention officers, and code enforcement officers.

A key element of each newly created CRA is the exit strategy. This Plan includes an exit strategy requiring a review of the Plan every five years to be forwarded by the CRA to the BCC in order to account for changes that may occur in local conditions and to assess the status of ongoing projects in the Plan. As a result of each review, projects that are outdated or that are no longer in the best interest of the community would be removed from the Plan and new projects would be added to address changing conditions.

To date, the County has incurred reimbursable expenses in the amount of $60,200 for the cost of the Redevelopment Plan.


______________________________________
Jennifer Glazer-Moon, Special Assistant/Director
Office of Strategic Business Management






Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners
Page 2 of 6


Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page 6



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