TITLE
RESOLUTION DECLARING AS SURPLUS CERTAIN COUNTY-OWNED PROPERTIES KNOWN AS KLINE NUNN, LITTLE RIVER PLAZA, AND LITTLE RIVER TERRACE PUBLIC HOUSING DEVELOPMENTS, AND ONE VACANT COUNTY-OWNED PROPERTY (�PROPERTIES�) LOCATED IN COMMISSION DISTRICT 2; REVISING THE INVENTORY LIST OF REAL PROPERTIES FOR AFFORDABLE HOUSING, AFTER A PUBLIC HEARING, TO INCLUDE THE PROPERTIES IN ACCORDANCE WITH SECTION 125.379, FLORIDA STATUTES; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE, ON AN EXPEDITED BASIS, TO: (1) PERFORM ALL DUE DILIGENCE NECESSARY TO DETERMINE WHETHER ANY OBSTACLES OR IMPEDIMENTS EXIST TO DISPOSE OF THE PROPERTIES UNDER THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT�S (�HUD�) SECTION 18 AND/OR RENTAL ASSISTANCE DEMONSTRATION PROGRAM, AND SECTION 125.379, FLORIDA STATUTES, FOR THE PURPOSE OF REDEVELOPING SAID PROPERTIES WITH AFFORDABLE RENTAL AND HOMEOWNERSHIP HOUSING; (2) NEGOTIATE FINAL TERMS OF A 99-YEAR GROUND LEASE OR LEASE AND DEVELOPMENT AGREEMENT (�AGREEMENT�) WITH PCSH LITTLE RIVER REDEVELOPMENT, LLC, A FLORIDA LIMITED LIABILITY COMPANY AND AN AFFILIATE OF PINNACLE COMMUNITIES II AND SMITH & HENZY AFFORDABLE GROUP (�DEVELOPER�), RELATED TO THE DEVELOPMENT OF THE PROPERTIES; (3) SEEK HUD�S CONSENT TO DISPOSE OF THE PROPERTIES WITHOUT A COMPETITIVE PROCESS IN ACCORDANCE WITH APPLICABLE FEDERAL LAWS, REGULATIONS AND HUD DIRECTIVES; (4) SEEK FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION�S CONSENT TO ALLOCATE $15,000,000.00 IN RESILIENT FLORIDA GRANT PROGRAM FUNDS TO THE DEVELOPER TO MAKE IMPROVEMENTS IN THE LITTLE RIVER ADAPTION ACTION AREA; AND (5) INITIATE THE HUD REQUIRED COMMUNITY ENGAGEMENT PROCESS; REQUIRING A REPORT; AND DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO SUBMIT THE FINAL AGREEMENT TO THE BOARD FOR APPROVAL

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WHEREAS, Miami-Dade County continues to face an affordable and workforce housing shortage, with over half of its households being �cost-burdened,� which means that these household are paying 30 percent or more of their household incomes on housing; and
WHEREAS, in Miami-Dade County over half of all renters and homeowners alike are cost-burdened; and
WHEREAS, the County, through its Housing and Community Development Department (�HCD�), owns (a) an approximately 1.5 acre property located at 830 N. Miami Avenue, Miami, Florida 33150 (Folio No: 30-3112-074-0220), which is improved with a 38 unit public housing development commonly known as Kline Nunn (�Kline Nunn Property�); (b) an approximately 1.77 acre property located at 8255 NW Miami Court, Miami, Florida 33150 (Folio No: 30-3112-038-0060), which is improved with an 86 unit public housing development commonly known as Little River Plaza development (�Little River Plaza Property�); (c) an approximately 12.5 acre property located at 8351 NW 5th Place, Miami, Florida 33150 (Folio No. 30-3112-084-0011), which is improved with a 108 unit public housing development commonly known as the Little River Terrace development (�Little River Terrace Property�); and (d) an approximately 1.93-acre vacant property located north of 8320 NW 5th Avenue, Miami, Florida (Folio No. 30-3112-000-0081) (�Vacant Property�) (collectively the Klein Nunn Property, Little River Plaza Property, Little River Terrace Property, and Vacant Property are referred to herein as the �Properties�); and
WHEREAS, the Properties are further described in Attachment �A,� attached hereto and incorporated herein; and
WHEREAS, according to the Property Appraiser�s website, the total market values for the Kline Nunn Property are $2,126,851.00, $5,363,067.00 for the Little River Plaza Property, $15,100,000.00 for the Little River Terrace Property, and $1,529,856.00 for the Vacant Property; and
WHEREAS, in 2018, this Board, adopted Resolution Nos. R-710-18 and R-1240-18, which authorized the redevelopment of many of the County�s public housing units through the United States Department of Housing and Urban Development�s (�HUD�) Rental Assistance Demonstration Program (�RAD� or �RAD program�); and
WHEREAS, through the RAD conversion process, public housing can be modernized by leveraging additional financing from public and private sources; and
WHEREAS, additionally, through the RAD program, public housing units are replaced on a one-for-one basis, and current residents are provided with a guaranteed right to return along with other resident protection rights; and
WHEREAS, in March 2019, the County obtained a portfolio award from HUD, which allowed the County to redevelop 6,426 of its existing public housing units, including the Properties, through the RAD program; and
WHEREAS, subsequently, the County�s portfolio award was amended to increase the total number of units converted through the RAD program to 7,718; and
WHEREAS, the Properties, with the exception of the Vacant Property, were originally contemplated to be part of the County�s effort to re-develop, modernize, and financially stabilize most of the County�s public housing units through the RAD program; and
WHEREAS, on December 6, 2022, this Board adopted Resolution R-1160-22, which authorized the County Mayor or County Mayor�s designee to apply for, receive and expend grant funds from the Florida Department of Environmental Protection�s (�FDEP�) Resilient Florida Grant Program, (�Resilient Florida Grant Program�) in the amount of $115,450,415.00, for the multiple resilience projects; and
WHEREAS, the Resilient Florida Grant Program requires matching County funds in the total amount of $112,366,415.00; and
WHEREAS, the purpose of the Resilient Florida Grant Program is to prepare Florida communities for the current and future effects of rising sea levels, including coastal flooding, erosion, and ecosystem changes; and
WHEREAS, one of the resilience projects that was identified in Resolution No. R-1160-22 is the Miami-Dade public housing resiliency improvements in the Little River Adaption Action Area (�Little River Area�) in which the Properties are located; and
WHEREAS, the total amount of grant funds allocated to the Little River Area is $15,000,000.00, with a local County match of $15,000,000.00 (�Grant Funds�); and
WHEREAS, as stated in the County Mayor�s memorandum that accompanied Resolution No. R-1160-22, it is anticipated that the County�s local match for the Little River Area will be funded through developer contributions associated with the RAD program, federal Low-Income Housing Tax Credit (�LIHTC�) program, and other debt and equity resources, including but not limited to, grants from the Federal Home Loan Banks, and Bank Community Reinvestment Act funds; and
WHEREAS, the County Administration and this Board desire to use the Grant Funds in the Little River Area to make infrastructure improvements needed for the area and to create and develop projects that mitigate the risks of flooding and sea level rise, including resilient building improvements, drainage, green infrastructure while incorporating new or enhanced buildings, and stormwater drainage elements with green infrastructure installations that contribute to increased stormwater management capacity of the area and supplement projects that adapt to the canal banks within the Little River Area; and


WHEREAS, the grant agreement executed by the County and FDEP, a copy of which is attached hereto as Attachment �B� and incorporated herein by reference, requires that $1,000,000.00 of the Grant Funds shall be expended to cover the cost of the design, permitting and project planning, and the remaining $14,000,000.00 shall be expended for construction of the project; and
WHEREAS, the grant agreement provides that subject to FDEP�s advance written approval, the County may award the work required under the grant agreement through a fixed-price competitive subcontract with a consultant or contractor engaged to perform the work on behalf of the County; and
WHEREAS, the grant agreement also provides that if the procurement is subject to the Consultant�s Competitive Negotiation Act, which is codified at section 287.055, Florida Statutes, the County must provide documentation clearly evidencing it has complied with the statutory requirements; and
WHEREAS, on June 17, 2025, Pinnacle Communities II (�Pinnacle�) and Smith & Henzy Affordable Group (�Smith & Henzy�) (�Developer�), as co-developers, have applied to the Office of the District 2 County Commissioner with a comprehensive plan to redevelop the Properties; and
WHEREAS, a copy of the Developer�s proposal (�Proposal�) is attached hereto as Attachment �C,� and incorporated herein by reference; and
WHEREAS, as noted in the Proposal, the Developer, through their respective principals, David Deutch and Darren Smith, has vast experience in the development of affordable housing; and


WHEREAS, Pinnacle is an affordable housing developer that has developed a number of affordable housing projects in Miami-Dade County, including, but not limited to, Caribbean Village, Pinnacle at Tropical Pointe, Verbena and Casa Familia, which were funded, in part, by the County; and
WHEREAS, Pinnacle has represented to the County that it also has experience in obtaining financing through LIHTC, and other financing from entities, such as the County; and
WHEREAS, Smith & Henzy has represented to the County that it is a national leader in affordable housing development, with a proven track record of creating or preserving over 11,000 affordable apartments, with total development costs exceeding $3,000,000,000.00; and
WHEREAS, Smith & Henzy has further represented to the County that it owns over 4,000 apartments and has an additional 2,200 units in development, reflecting its dedication to expanding housing opportunities nationwide; and
WHEREAS, Smith & Henzy has further represented to the County that it has experience working with other public housing agencies, and is familiar with funding sources such as LIHTC, SAIL funds, HOME Investment Partnership program funds, and key HUD programs such as RAD, Section 18, and Section 22; and
WHEREAS, the Developer, through its affiliate, PCSH Little River Redevelopment, LLC, a Florida limited liability company proposes to develop the Properties with a series of new construction affordable housing rental communities totaling 821 new units by entering into a 99-year ground lease(s) with the County; and
WHEREAS, specifically, the Developer proposes to replace the existing 38 units on the Kline Nunn Property with a new seven-story building with 96 residential units, 2,400 square feet of retail space, and 70 parking spaces; replace the existing 86 units on the Little River Plaza Property with a new eight-story building with 121 residential units, 3,500 square feet of retail space, and 115 parking spaces; and replace the existing 108 units on the Little River Terrace Property with six individual phases with buildings ranging from three to eight stories, 604 residential units (including 22 townhomes, for sale), and will make improvements to Larchmont Gardens Park including a brand-new approximately 5,000 square foot community center (�Project�); and
WHEREAS, the Developer has represented to the County that it is relying on certain strategic public financing tools in order to finance the Project, including, leveraging public resources utilizing RAD and the Grant Funds; and
WHEREAS, the Developer has represented to the County that the approximate total development cost of the Project is $335,000,000.00; and
WHEREAS, the Developer proposes that during the duration of the ground lease(s), the County will receive approximately $704,703,447.00 in ground lease payments and $16,764,548.00 in additional benefits to include the following: (a) urgent resiliency improvements to all the existing properties, (b) 15 percent of the total developer fee for all phases, including any deferred fees, which are estimated at $7,054,548.00; (c) 15 percent of net cash flow (after debt service) for all phases, which is estimated at $704,703,447.00 for the duration of the 99-year lease term; (d) $10,000.00 per new unit for land acquisition, which is estimated at $8,210,000.00, which such amount shall be made payable to the County at closing for each phase of the Project; and (e) $1,500,000.00 for improvements at Larchmont Park, which includes a new �5,000 square feet community center; and
WHEREAS, in accordance with Implementing Order 8-4, the Proposal was submitted to the County Mayor; and
WHEREAS, on September 9, 2025, the County�s People and Internal Operations Department (PIOD) issued its report (�PIOD Report�), which is attached hereto as Attachment �D� and incorporated herein by reference; and
WHEREAS, as noted in the PIOD Report, on June 25, 2025, the Properties were circulated by PIOD to all relevant County departments and agencies to assess any planned or anticipated uses, and other than HCD, there are no other departments interested in the Properties; and
WHEREAS, the PIOD Report also indicates that a diligence review of the Developer has been conducted; and
WHEREAS, the PIOD Report concludes that the Proposal presents financial gaps and policy issues that raise concerns, and that there are hurdles posed by HUD�s regulations that will require further HUD approvals; and
WHEREAS, the federal regulations and HUD�s directive permit public housing agencies to use a noncompetitive selection method under the following circumstances that include among others: (a) after soliciting several sources, competition is determined inadequate; (b) there are reasons to be in the best interests of the PHA or federal government; (c) there is commensurate public benefit to the community; or (d) as stated in HUD Notice PIH 2024-40, recognition that a ground lease is a negotiated disposition; and
WHEREAS, HUD�s Notice PIH 2024-40, which relates to the demolition and/or disposition of public housing property, eligibility for tenant protection vouchers, and associated requirements, specifically states that �[a] Ground Lease is a negotiated disposition (vs. public bid sale) and HUD will only approve it if HUD finds it in the best interests of the [public housing agency] and federal government�; and
WHEREAS, section 125.379, Florida Statutes, allows this Board the use of County-owned property for the provision of permanent affordable housing without a competitive process and requires that: (a) each county prepare an inventory list of all real property within its jurisdiction to which the County holds fee simple title that is appropriate for use as affordable housing; (b) the inventory list include the address and legal description of each such real property and specify whether the property is vacant or improved; and (c) the governing body of the County review the inventory list at a public hearing, revise it at the conclusion of the public hearing, and adopt a resolution that includes an inventory list of such property following the public hearing; and
WHEREAS, subject to HUD�s approval, this Board wishes to select the Developer without a competitive process; and
WHEREAS, subject to FDEP�s approval and the Developer�s agreement to comply with all applicable laws and regulations, including, but not limited to, section 287.055, Florida Statutes, this Board wishes to allocate the Grant Funds to the Developer for the purposes described above; and
WHEREAS, this Board finds that the Properties are appropriate for use as affordable housing and therefore wishes to revise the County�s inventory list of real properties for affordable housing to include the Properties; and
WHEREAS, because of the pressing need for affordable housing in Miami-Dade County, this Board finds that it is important to ensure that development of the Properties is handled by an experienced developer, like the Developer, that understands the complexities of financing and building large projects such as what is proposed herein; and
WHEREAS, further, to address the critical need for affordable housing in Miami-Dade County, this Board desires to expeditiously: (a) determine whether any obstacles or impediments exist to dispose of the Properties under HUD�s Section 18 and/or RAD program, 2 CFR part 200, if applicable, and section 125.379, Florida Statutes, for the purpose of developing the Properties with affordable homeownership and rental units that are to be conveyed or rented to eligible homeowners and renter, respectively, including to the current public housing residents; (b) complete the appraisals to comply with section 2-8.6.5 of the Code of Miami-Dade County, Florida; (c) commence the process of seeking HUD�s consent to dispose and/or amend any existing disposition of the Properties without a competitive process in accordance with the United States Act of 1937, as amended, 2 CFR � 200.320, the RAD program, and other applicable federal regulations and HUD directives; (d) seek FDEP�s consent to allocate the Grant Funds to the Developer; and (e) initiate any remaining community engagement processes required by HUD for the disposition of the Properties; and
WHEREAS, in light of PIOD�s findings and in furtherance of the purposes set forth herein, this Board desires the Developer to expeditiously provide PIOD and HCD with all information required or requested to analyze the proposed transactions, including analysis of the estimated costs, budgets, funding sources that will ensure that the Project is financially viable, and timelines and milestones of the proposed transactions and developments in accordance with those provisions and requirements of Implementing Order 8-4,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. This Board declares the Properties surplus, and in accordance with section 125.379, Florida Statutes, revises the inventory list of real properties for affordable housing use, after a public hearing, to include the Properties.
Section 3. This Board directs the County Mayor or County Mayor�s designee to, on an expedited basis:
(a) perform and complete all remining review and due diligence necessary to determine whether any obstacles or impediments exist to dispose of the Properties under HUD�s Section 18 and/or RAD program, 24 CFR part 200, if applicable, and section 125.379, Florida Statutes, for the purpose of developing the Properties with affordable homeownership and rental units that are to be conveyed or rented to eligible homeowners and renters, respectively, including to the current public housing residents;
(b) complete the appraisals to comply with section 2-8.6.5 of the Code of Miami-Dade County, Florida;
(c) seek HUD�s consent to dispose and/or amend any existing disposition of the Properties without a competitive process in accordance with the United States Act of 1937, as amended, 2 CFR � 200.320, the RAD program, and other applicable federal regulations and HUD directives;
(d) seek FDEP�s consent to allocate the Grant Funds to the Developer for the purposes described herein; and
(e) initiate the required HUD community engagement process.

This Board further directs the County Mayor or County Mayor�s designee to expedite all necessary steps to resolve any issues in order to effectuate the transactions contemplated by this resolution to the extent that any obstacles or impediments are identified during negotiations, including, but not limited to, obstacles or impediments related to obtaining certain approvals from HUD or FDEP, or if the Developer does not provide the requested and necessary information. Further, this Board directs the County Mayor or County Mayor�s designee, as part of the negotiations with the Developer, to:
(a) negotiate a 99-year ground lease(s) or ground lease and development rights agreement(s) (�Agreement�) with the Developer or its affiliate, PCSH Little River Redevelopment, LLC, that includes ground lease payments, and other payments and fees due to the County;
(b) identify and incorporate all applicable qualitative and performance standards for the prospective homeownership and multifamily projects, including, but not limited to, minimum unit square footage, architectural design requirements, construction quality, sustainable design features, and the overall character and intent of the applicable zoning district;
(c) require the Developer to prepare a comprehensive phasing plan that provides for measurable community benefits for the Properties, the residents and the community;
(d) require all requisite entitlements and permits, and ensure that all site and building plans are reviewed in coordination with the County to confirm alignment with County objectives and community design intent;
(e) require project milestones and timelines, performance guarantees, financing and equity commitments, affordability requirements, homeowner and renter eligibility and selection procedures, long-term maintenance and association responsibilities, and any reverter or enforcement provisions necessary to safeguard the County�s investment and the public interest;
(f) require the Developer to provide the County with the right of first refusal to purchase the improvements after the expiration of any LIHTC compliance periods;
(g) require the Developer, to comply with the Consultant�s Competitive Negotiation Act, which is codified at section 287.055, Florida Statutes, as may be required by FDEP;
(h) require the Developer to guarantee that the existing public housing residents have a right to purchase or rent the housing units developed on the Properties in accordance with the RAD program and other applicable laws, regulations and HUD directives; and
(i) negotiate any other terms that the County Mayor or County Mayor�s designee deems necessary.
This Board directs the County Mayor or County Mayor�s designee to negotiate the final terms of the Agreement within 30 days of the effective date of this resolution.
Section 4. This Board directs the County Mayor or County Mayor�s designee within 30 days of the effective date of this resolution to provide a status report to this Board, which shall:
(a) provide an update as to the status of all due diligence performed, including an identification of any obstacles or impediments which were identified that prevent or affect the County and the Developer from entering into the Agreement on the terms and conditions set forth herein;
(b) identify any information which was not provided by the Developer that was requested by the County;
(c) identify methods by which any identified obstacles or impediments can be eliminated, including any cost of same; and
(e) the status of negotiations with the Developer.
The report identified herein shall be placed on an agenda of the full Board without committee review pursuant to rule 5.06(j) of the Board�s Rules of Procedure.
Section 5. In the event the County Mayor or County Mayor�s designee obtains HUD�s and FDEP�s required approvals or consents, this Board directs the County Mayor or County Mayor�s designee to submit the completed and fully negotiated Agreement to this Board for its consideration and approval within 30 days of receiving such approvals or consents.