Miami-Dade Legislative Item
File Number: 132029
Printable PDF Format Download Adobe Reader  

File Number: 132029 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: SUB. TO BLOCK 36 Introduced: 10/16/2013
Requester: NONE Cost: Final Action:
Agenda Date: 10/22/2013 Agenda Item Number: 11A2SUBSTITUTE
Notes: Title: RESOLUTION DETERMINING WHETHER TO ACCEPT OR REJECT PROPOSED VARIANCES AS TO THE DECLARATION OF RESTRICTIONS FOR BLOCK 36 LOCATED IN MIAMI-DADE COUNTY, FLORIDA PURSUANT TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND MIAMI-DADE COUNTY [SEE ORIGINAL ITEM UNDER FILE NO. 131999]
Indexes: SETTLEMENT AGREEMENT
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-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 10/22/2013 11A2 SUBSTITUTE Amended
REPORT: It was moved by Commissioner Edmonson that the foregoing proposed resolution be adopted as amended to include a WHEREAS Clause on handwritten page 21 after the second WHEREAS Clause as follows: “WHEREAS, pursuant to the Settlement Agreement and as set forth herein, project payments made to the County as well as any funds paid to the County under the Settlement Agreement for extensions of time, shall be separated and used for Overtown development and redevelopment projects; and”. This motion was seconded by Commissioner Jordan and upon being put to a vote, passed by a vote of 10-0 (Commissioners Heyman, Monestime and Suarez were absent). The foregoing resolution has been assigned R-859-13.

Office of the Chairperson 10/17/2013 Additions

County Attorney 10/17/2013 Assigned Debra Herman

Legislative Text


TITLE
RESOLUTION DETERMINING WHETHER TO ACCEPT OR REJECT PROPOSED VARIANCES AS TO THE DECLARATION OF RESTRICTIONS FOR BLOCK 36 LOCATED IN MIAMI-DADE COUNTY, FLORIDA PURSUANT TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI, THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY AND MIAMI-DADE COUNTY

BODY

WHEREAS, pursuant to Resolution No. R-294-13, the Board authorized settlement of the lawsuit between the City of Miami, the Southeast Overtown/Park West Community Redevelopment Agency (the “CRA”) and the County; and
WHEREAS, the City of Miami, the CRA and the County entered into the settlement agreement and recorded a Declaration of Restrictions against Block 36 in accordance therewith, which set forth requirements for development on such Block; and
WHEREAS, the settlement agreement preapproved The Gatehouse Group, LLC or its affiliate (in this case Lyric Development, LLC) as the Developer of Block 36, subject to the CRA entering into a development agreement in accordance with the Declaration of Restrictions; and
WHEREAS, the settlement agreement provided that variances to the Declaration of Restrictions could be requested by the Developer and submitted by the CRA to the County for consideration; and
WHEREAS, the CRA was required to provide notice of the proposed variances to the Declaration, and the Board would then have 45 days in which to approve or reject the proposed variances to the Declaration; and
WHEREAS, the CRA submitted notice of the proposed variances to the County on September 13, 2013, which is attached as Exhibit A>>, which was later replaced<< [[;]] and
>>superceded by the notice of proposed variances to the County on October 15, 2013, set forth in Exhibit B (referred to herein as “amended variance requests numbers 1 through 5); and<<
WHEREAS, the Board has considered each of the proposed variances set forth in Exhibit A>> as superceded and replaced by Exhibit B<<; and
WHEREAS, this Board has considered the Mayor’s Memorandum which is attached hereto and incorporated herein,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. This Board ratifies and adopts those matters set forth in the foregoing recitals.
Section 2. This Board >>approves amended variance request number 1, extending the Zoning Approval Deadline<<[[rejects each of the three variances requested]] from >>May 14, 2014 to November 14, 2014.
Section 3. This Board approves amended variance request number 2, extending the Vertical Construction Deadline from May 14, 2015 to November 14, 2015.
Section 4. This Board approves amended variance request number 3, eliminating the Parking Component and all references to the Parking Component in <>, provided that parking required by code is provided.
Section 5. This Board approves amended variance request number 4, increasing the minimum size of the Retail Component from 30,000 square feet to 55,000 square feet.
Section 6. This Board approves amended variance request number 5 which is a $50,000 annual donation for a ten year period by the Developer to be paid to the community benefits program which shall be established within the Southeast Overtown/Park West Community Redevelopment Area, the composition and structure of which shall be formalized by future Board action, with the first payment commencing on the Closing Date and payments thereafter for ten years on each anniversary thereof. Additionally, the County shall act as the fiduciary for holding and disbursing funds contributed to such program.
Section 7. Any other request for variance not specifically granted herein should be deemed to be denied, including but not limited to each of the variance requests set forth in the September 13, 2013 letter attached hereto as Exhibit A, each of which is hereby denied. The remaining terms of the Declaration remain in full force.
Section 8. The approval of such amended variance requests are conditioned upon the amendment and recording in the public records of an Amended Declaration setting forth all of these amendments, approved by the County, and with full and binding approval by the CRA Board. Additionally, the approval of the variance requests herein are specifically conditioned upon the CRA Board approving all of the variance requests approved by the County herein. To the extent the CRA Board does not approve each and every variance request approved by the County herein, all of which must be<< set forth in >>an Amended Declaration, then all variance requests shall be deemed denied.<<[[Exhibit “A.”]]
>>Section 9. Pursuant to Resolution No. R-974-09, the Board directs the County Mayor or the County Mayor’s designee to record any revisions to the Declaration required by the
approvals set forth herein in the Public Records of Miami-Dade County, Florida; and to provide a recorded copy of any such instrument to the Clerk of the Board within thirty (30) days of execution of said instrument; and directs the Clerk of the Board to attach and permanently store a recorded copy together with this resolution, and to perform all acts necessary to effectuate the required actions set forth in this Resolution.<<

1 The differences between the substitute and the original item are indicated as follows: Words stricken through and/or [[double bracketed]] shall be deleted, words underscored and/or >>double arrowed<< are added.


HEADER
Date:

To: Honorable Chairwoman Rebeca Sosa
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Consideration of Variance Requests on Block 36

OTHER
This substitute differs from the original because a revised letter with amended requested variances to the Declaration of Restrictions on Block 36 was sent to the County on October 15, 2013. As requested by the Southeast Overtown/Park West Community Redevelopment Agency, the revised letter replaces the original letter dated September 13, 2013. The letter of September 13, 2013 is the basis for the recommendations under the original item.

..Recommendation
It is recommended that the Miami-Dade County Board of County Commissioners (Board) approve the five proposed variances to the Declaration of Restrictions for Block 36. The Board must approve or reject any variances to the Declaration of Restrictions, as requested by the Southeast Overtown/Park West Community Redevelopment Agency (CRA) in the October 15, 2013 letter attached as Exhibit B to the resolution. Such amended request for variance letter replaces and supercedes the September 13, 2013 letter attached as Exhibit A to the resolution.

According to the Settlement Agreement between the County, the City of Miami, and the CRA, the County must approve or reject the proposed variances to the Declaration of Restrictions which has been recorded pursuant to the terms of the Settlement Agreement and is attached as Attachment 1 to the cover memorandum. The Settlement Agreement mandates approval or rejection, but does not provide for revision or amendment of the proposed variances.

It is also important to note that in order to record the Amendment to the Declaration encompassing the requested variances, these amended variances must be formally approved by the CRA Board given that these differ in part from the variances approved at their September 12, 2013 meeting. Additionally, the approval of the variance requests in this item are specifically conditioned upon the CRA Board approving all of the variance requests approved by the County. To the extent the CRA Board does not approve each and every variance request approved by the County, all of which must be set forth in an Amended Declaration, then all variance requests shall be deemed denied

Scope
The Block to be developed is in Commission District 3, represented by Commissioner Audrey M. Edmonson.

Fiscal Impact/Funding Source
Approval of the variances proposed by the developer does not create a fiscal impact to the County.

However, as noted in the attached Declaration of Restrictions previously approved by the Board through Resolution R-294-13, the selected developer will make separate Project Payments to the County and the CRA for Block 36. The Project Payments received by the County will be used for services that support the Overtown redevelopment project and other Overtown community development efforts. It is estimated that these payments would amount to a minimum of $1.258 million over 25 years, or potentially more if 2.5 percent of Gross Rent exceeded the minimum payment.

Additionally, the developer is proposing to make a contribution of $50,000 per year for ten years, a total of $500,000, to a community benefits program within the Southeast Overtown/Park West community redevelopment area.

Track Record/Monitor
The County’s Internal Services Department will monitor the progress of the development, the recording of any additional documents, and all other aspects of the settlement agreement.

BODY
On April 16, 2013, the Board adopted Resolution R-294-13 authorizing the County, the City, and the CRA to settle an existing lawsuit regarding Block 36. The Settlement Agreement was entered into by the parties, and as part of the Settlement Agreement, a Declaration of Restrictions was recorded against Block 36, which restricted the manner in how the property could be developed, and provided parameters for such development. The Settlement Agreement pre-approved the selection of Gatehouse Group, LLC or its affiliate as the Developer of Block 36. In the CRA’s letter to the County of May 17, 2013, Gatehouse designated its affiliate, Lyric Development, LLC, as the Block 36 Developer. However, in the event that the proposed developer submits any requests for variances from the Declaration of Restrictions, the CRA must provide formal notice to the County of such variances, which must be approved or rejected by the County within 45 days of the notice, or they are deemed approved. On September 13, 2013, the CRA submitted Lyric’s proposed variances to the Declaration of Restrictions for approval or denial by the County. The proposed variances were approved by the CRA on September 12, 2013 pursuant to Resolution CRA-R-13-0053 (see Attachment 2 to the cover memorandum). However, on October 15, 2013, the County received revised proposed variances to the Declarations of Restrictions, and the CRA requests that such letter replace the original request from September 13, 2013. In the event of a rejection of some or all of the variance requests, Gatehouse may elect to proceed without the requested variance, or alternatively, a new developer may be selected.

Staff recommends approval of the five variances.

The variances to the Declaration of Restrictions requested by the developer and approved by the CRA, and staff’s recommendation, are as follows:

1. The developer is requesting extension of the Zoning Approval Deadline from May 14, 2014 to November 14, 2014.

Staff recommends approval of this variance as it is reasonable to allow a brief six month extension in which to obtain the zoning approvals.


2. The developer is requesting extension of the Commencement of Vertical Construction Deadline from May 14, 2015 to November 14, 2015.

Staff recommends approval of this variance given that the zoning approval deadline has been extended by the same amount of time.


3. The Declaration of Restrictions provides for the development of a parking garage with a minimum of 300 spaces. The developer is requesting removal of the Parking Component from the Declaration of Restrictions.

As a condition of removing the requirement of the parking garage, the developer will increase the minimum size of the Retail Component from 30,000 square feet to 55,000 square feet. It is anticipated that the additional parking spaces will be implemented in other nearby blocks.


4. The developer is requesting that the minimum square footage for the Retail Component be increased from 30,000 square feet to 55,000 square feet.

Staff recommends approval of this variance in lieu of the additional parking spaces on Block 36.


5. The developer is proposing to make a $50,000 yearly payment for 10 years to a community benefits program within the CRA area, for a total of $500,000.

Staff recommends approval of this variance.


Attachments


_______________________________
Edward Marquez
Deputy Mayor

WHEREAS, the CRA submitted notice of the proposed variances to the County on September 13, 2013, which is attached as Exhibit A>>, which was later replaced<< [[;]] and
>>superceded by the notice of proposed variances to the County on October 15, 2013, set forth in Exhibit B (referred to herein as “amended variance requests numbers 1 through 5); and<<
WHEREAS, the Board has considered each of the proposed variances set forth in Exhibit A>> as superceded and replaced by Exhibit B<<; and



Home  |   Agendas  |   Minutes  |   Legislative Search  |   Lobbyist Registration  |   Legislative Reports
2014 BCC Meeting Calendar  |   Miami-Dade County Code of Ordinances   |   ADA Notice  |  

Home  |  Using Our Site  |  About Phone Directory  |  Privacy  |  Disclaimer

E-mail your comments, questions and suggestions to Webmaster  

Web Site © 2014 Miami-Dade County.
All rights reserved.