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REVISED RDA PLAN FOR SOBE REDEVELOPMENT PROJECT !ris fri; ECE1VE wa i It ,IH ! 7 1979 lit, -` .. CItY. CLERK'S DEPT. -/-) 7(-4-4_,<IV - By REVISED REDEVELOPMENT PLAN FOR THE SOUTH BEACH REDEVELOPMENT PROJECT MIAMI BEACH, FLORIDA Adopted by the City Commission of the City of Miami Beach on April 25, 1979 ECEIVE CITY OF MIAMI BEACH • 7 1 07n, CITY. CLERK'S DEPT. By TO: Elaine Matthews DATE: June 6 , 1979 City Clerk r) I if") ‘ i FROM: Robert L. Shevin hLSV.,,f . l �1 City Attorney SUBJECT: Revised Redevelopment Plan for the South Beach Redevelopment Project Pursuant to the direction of the City Commission con- tained in Resolution No. 79-15886 , a Revised Redevelopment Plan for the South Beach Redevelopment Project incorporating into the original plan the modifications made to said plan pursuant to Resolutions Nos. 79-15886 , 77-15283, 77-15291 and 77-15413 has been prepared and is transmitted to you herewith. Unless and until the Redevelopment Plan is again amended by action of the City Commisssion, this document shall constitute the approved Redevelopment Plan. Prepared By: Andrew H. Moriber Chief Deputy RLS/AHM/mcs Attachment cc : Hon. Steve Muss Chairman, Miami Beach Redevelopment Agency (Less Attachment) Harold Toal Murray Dubbin Gavin W. O'Brien , • • CONTENTS PAGE NO. I . INTRODUCTION 1 II. GENERAL DEFINITIONS 3 III. BOUNDARY DESCRIPTION 5 IV. REDEVELOPMENT ,OBJECTIVES 7 V. SUMMARY OF PROPOSED ACTIONS AND REDEVELOP- MENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES 10 VI. LAND USES, REGULATIONS AND CONTROLS 12 A. Project Boundary and Land Use Plan 12 B. Preferred and Alternative Land Use 12 1. Multi-Use Commercial 12 2. Residential 13 3. Public 14 C. Parks, Recreation, and Open Space 15 D. Streets and Rights-of-Way 15 E. General Controls and Limitations 16 1. Standards for Development 16 2. Architectural Guidelines 18 3. Illustrative Development Plan and Illustrative Development Data 18 4. New Construction 19 5. Rehabilitation 20 6. Open Spaces and Landscaping 20 7. Signs 20 8. Utilities 20 9. Incompatible Uses 21 CONTENTS PAGE NO. VI. E. (Continued) 10. Nondiscrimination and Nonsegregation 21 11. Resubdivision of Parcels 21 12. Variations 21 13. Works of Art 22 VII. PROJECT EXECUTION 23 • A. Property Acquisition 23 1. Acquisition of Real Property 23 2. Acquisition of Personal Property 24 B. Owner Participation 25 C. Rehabilitation 26 D. Business Tenant and Owner Preferences 27 E. Cooperation with Public Bodies _ 27 F. Property Management 28 G. Relocation of Persons Displaced 28 1. Assistance in Finding Other Locations 28 2. Relocation Payments 29 3. Relocation Rules and Regulations 30 4. Demolition, Clearance, Public Improve- ments, Building and Site Preparation 30 (a) Demolition and Clearance 30 (b) Public Improvements 31 (c) Preparation of Building and • Development Sites 31 H. Property Disposition and Development 31 ii CONTENTS • PAGE NO. VII . H. (Continued) 1. Real Property Disposition and Development 31 (a) General 31 (b) Purchase and Development Documents 32 • (c) Obligations to be Imposed on Redevelopers 33 I . Subsidized Housing 34 VIII. METHODS FOR FINANCING THE PROJECT 35 A. General Description of the Pro- posed Financing Method 35 B. Loans and Grants 36 C. Estimate of Costs 36 1. Project Cost 37 ' 2. Project Revenues 37 3. Sources Funding the Project Cost 37 IX. ACTIONS BY THE CITY 38 X. ENFORCEMENT 41 XI. DURATION OF THIS PLAN 42 XII. GRIEVANCE BOARD 43 XIII. PROCEDURES FOR CHANGES IN APPROVED PLAN 44 XIV. RELOCATION SOCIAL ASSISTANCE COMMITTEE 45 XV. SUBORDINATION OF PROPERTY 46 XVI . SEVERABILITY 47 iii AW V CONTENTS PAGE NO. XVII. A. NEIGHBORHOOD IMPACT STATEMENT 48 B. EXHIBITS: "A" Project Boundary and Land Use Plan "B" Property Retention, Rehabili- tation and Acquisition Plan "C" Illustrative Development Plan . "D" Illustrative Development Data iv A INTRODUCTION The Redevelopment Plan for the South Beach Redevelopment Project, hereinafter referred to as "The South Beach Redevelopment Plan" or "This Plan" consists of this text of 48 pages, and two maps (Exhibit A: Project Boundary and Land Use Plan and Exhibit B. Property Retention, Rehabilitation and Acquisition Plan) . Exhibit A: Project Boundary and Land Use Plan . generally describes the boundaries of the redevelopment project and identifies areas to which permitted and conditional land uses apply. The boundaries of the redevelopment area are most specifically described in Section III, Boundary Description. Land uses, regulations and controls are set forth in Section VI of This Plan. . Exhibit B: Property Retention, Rehabilitation and Acquisition Plan identifies properties proposed for acquisition, properties with structures proposed for rehabilitation, and properties with structures proposed to be retained. Section VII, Project Execution, describes property acquisition, owner participation, rehabilitation, and other steps which will be taken to carry out the redevelopment project. An Illustrative Development Plan (Exhibit C) and a table, Illustrative Development Data (Exhibit D) , are included herein to generally indicate the type, size, bulk, density, * This Plan is now known as the "Revised Redevelopment Plan" pursuant to the Miami Beach City Commission Resolution No. 79-15886 passed and adopted on the 25th day of April, 1979. -1- i and intensity of permitted development as well • P as the generalized configurations of development parcels which may be offered for resale or lease pursuant to this Plan. Exhibits C and D are illustrative only. The final development of the project area maydiffer from Exhibits bits C and D provided it satisfies the limitations and restrictions otherwise set forth herein. This Plan has been prepared by the Miami Beach Redevelopment Agency, City of Miami Beach, Florida, pursuant to the Community Redevelopment Act of the State of Florida, The Constitution of the State of Florida, and all applicable laws and local ordinances. • -2- GENERAL DEFINITIONS I . The following references will be used in This Plan unless the context otherwise requires: A. "Agency" means the Redevelopment Agency of the City of Miami Beach, Miami Beach, Florida. B. "City" means the City of Miami Beach, Florida. C. "County" means Dade County, Florida. D. "General Plan" means the Miami Beach General Plan. E. "Map" means the Project Boundary and Land Use Plan (Exhibit A) ; the Property Retention, Rehabilitation and Acquisition Plan (Exhibit B) ; and the Illustrative Development Plan (Exhibit C) . F. "Owner" means any individual or entity owning "real property" as defined herein. G. "Person" means any individual, or any public or private entity. • H. "Personal property" means movable property, chattels, property not part of real property defined below. I . "Plan" means the South Beach Redevelopment Plan.* * This Plan is now known as the "Revised Redevelopment Plan" pursuant to Miami Beach City Commission Resolution No. 79-15886 passed and adopted on the 25th day of April, 1979 . -3- 4 • J. "Planning Commission" means the Planning Commission of the City of Miami Beach, Florida. K. "Project Area" means the area included within the boundaries of the South Beach Redevelopment Project. L. "Project" means South Beach Redevelopment Project. M. "Real Property" means land; including land under water and waterfront property; buildings; structures; fixtures, and improvements on the land; and property appurtenant to or used in connection with the land; every estate, interest privilege, easement, franchise, and right in land, including but not limited to rights-of-way, terms for years, and liens, charges, or encumbrances by way of judgment, mortgage Or otherwise and the indebtedness secured by such liens. N. "Redevelopment Law" means the Community Redevelopment Law of the State of Florida, Code Section 163. 330 et seq. O. "State" means the State of Florida. P. "Zoning Ordinance" means the current Zoning Ordinances of the City of Miami Beach, Florida. -4- III. BOUNDARY DESCRIPTION 4 The South Beach Redevelopment Project Area , herein- after called the "project area" , is delineated on the Project Boundary and Land Use Plan Map designated as Exhibit A, and is more particularly described as follows : All that real property in the City of Miami Beach, County of Dade, State of Florida, within the following-described boundaries: Beginning at the Northwesterly corner of LOT 2, BLOCK 1, FLEETWOOD SUBDIVISION according to THE AMENDED PLAT thereof as recorded in Plat Book 28, Page 34 of the Public Records of Dade County, Florida; Thence run Easterly along the Northerly line of said LOT 2 for a distance of 150. 7 feet more or less to a point, said point being the Northeasterly corner of said LOT 2; Thence continue along above mentioned course for a distance of 50 feet more or less, across West Avenue, to the intersection with Westerly line of BLOCK 2, FLEETWOOD SUBDIVISION, according to the AMENDED PLAT thereof as recorded in Plat Book 28 , Page 34 of the Public Records of Dade County, Florida; Thence runSoutherly along the Westerly line of said BLOCK 2 for a distance of 160. 3 feet more or less to a point, said point being a Point of Curvature (P.C. ) of a circular curve concave to the Northeast and having for its elements a radius of 15 feet and a central angle of 900; Thence run along said circular curve an arc distance of 23 .6 feet more or less to the Point of Tangency (P.T. ) ; Thence Easterly along the Northerly line of Sixth Street for a distance of 2679. 4 feet more or less to the Point of Intersection with the Easterly line of Washington Avenue; Thence run Southeasterly along said Easterly line of Washington Avenue for a distance of 164 . 3 feet more or less to the point of Intersection with the Northerly line of a 20 foot alley known presently as Sixth Street; Thence run Easterly along the Northerly line of said Sixth Street for a distance of 713 . 7 feet more or less to the Point of Intersection with the Easterly line of Ocean Drive; -5- i • Thence continue along above described course (Northerly line of Sixth Street projected Easterly) for a distance of 1400 feet more or less to a point; Thence run Southwesterly along the line parallel to and 1680 feet more or less Easterly of the East line of Collins Avenue for a distance of 2800 feet more or less to a point; Thence run Southeasterly at an angle of 90° with the previous course at a distance of 660 feet more or less to a point; Thence run Southwesterly at an angle of 90° with the previous course a distance of 2100 feet more or less to a point; Thence run Westerly along the line parallel to and 300 feet more or less South of the Northerly limits of Government Cut for a distance of 3900 feet more or less to a point; Thence run Northwesterly along the line parallel to and 620 feet more or less Southwest of existing bulkhead line (M.H.W. Line) for a distance of 1000 feet more or less to a point; Thence run Southwesterly at an angle of 90° with the previous course a distance of 95 feet more or less to a point; Thence run Northwesterly -at an angle of 90° with the previous course a distance of 500 feet more or less to a point; Thence run Northeasterly at an angle of 900 with the previous course for a distance of 95 feet more or less to a point; Thence run Northwesterly along the line parallel to and 620 feet more or less Southwest of existing bulkhead line (M.H.W. Line) for a distance of 2500 feet more or less to a point; Thence Easterly along the line parallel to and 175 feet more or less North of the North line of Sixth Street produced Westerly for a distance of 930 feet more or less to the Point of Beginning. -6- i IV. REDEVELOPMENT' OBJECTIVES The Miami Beach Redevelopment Agency proposes to use the process of redevelopment to eliminate many aspects of visual, economic, physical, and social blight presently existing within the City of Miami Beach specifically within the boundaries set forth, in the South Beach Project Area. Within this area there presently exists an incompatible mix of residential and commercial, as well as public and quasi- public uses. The physical characteristics of the structures themselves are on the decline and most structures presently exhibit advanced stages of physical deterioration. Property ownership within the area is highly fragmented to the point that land assemblage for proper economic utilization of the area is thwarted. In addition to the physical deterioration of the area and its attendant economic disuse and stagnation, the lot layouts do not focus outwardly to the ocean or bay as does much of the rest of the City thereby retarding its development. The lack of early comprehensive planning plus the general aging of the structures within the area have resulted in an adverse mixture of residential, commercial and some light industrial uses which constitute a visual blighting influence on the area as well as a gross misuse of land. Many of the structures are outdated and functionally obsolete as well as unfit and unsafe for occupancy. This fact combined with the abundance of small privately held unassemblable parcels has hindered the rejuvenation of the project area. -7- These conditions contribute substantially and increasingly to the problems of, and necessitate disproportionate expenditures for, preservation of public health and safety, the maintenance of adequate police, fire, accident, hospitalization, and other public services and facilities. The central objective of this Plan is to renew and create economic stimulation within this area to create an environment which will establish this area as the focal point of the community, to create a functioning balance of commercial (retail and office) and public space as well as to provide limited residential uses which will re-establish the aesthetic, economic and 'social viability of the project area. Within this broad objective the Agency intends to undertake over a period of years the redevelopment of the project area by acquiring, pursuant to the limitations set forth in this Plan, most of the real property within the project area for new development purposes and provide the necessary site preparation of all land within the project area designated for lease/resale to private developers pursuant to the conditions set forth in this plan. The Agency will provide in conjunction with new development and the limited rehabilitation of some existing . structures which may remain pursuant to this Plan, the necessary public improvements to upgrade the physical, cultural, and economic character of the project area.. The specific objectives of the Agency in undertaking this redevelopment program are to: r 1. Provide the framework within which restoration of the economic and social health of the project its p �ect and i environs will be accomplished by private actions . 2. To assist in the suitable re-establishment of businesses and institutions which will be displaced by the project and to provide adequate housing opportunities for families and single individuals. 3. Guide development towards the production of satisfying environment preserving and enhancing the unique aesthetic and cultural qualities of the city. Y 4 . . Stimulate and • . attract private investment, thereby improving the city' s economic health, employment , opportunities, and the tax base. • • V. SUMMARY OF PROPOSED ACTIONS AND REDEVELOPMENT TECHNIQUES TO ACHIEVE PLAN OBJECTIVES In order to restore a long blighted area to economic health, arrest its adverse effects on surrounding areas and make it a source of pride to persons residing and working in Miami Beach or visiting the City, the Redevelopment Agency, in accord with applicable state and local laws, will remedy or cause to be remedied conditions causing blight by the following measures: 1. Acquisition of real property by purchase, gift, devise, exchange, condemnation or any other lawful means under conditions set forth in Section VII A herein. 2 . Demolition, removal or clearance of existing buildings, structures and improvements and preparation of the project area for its intended uses in accordance with this Plan. 3 . Rehabilitation, alteration, modernization, general improvement or combination thereof (hereinafter called rehabilitation) of certain existing structures as set forth in Section VII B and C herein. 4 . Relocation of site occupants presently residing in structures which are acquired by the Agency pursuant to State law and as more particularly set forth in Section VII G herein. The Agency further proposes to extend relocation assistance to businesses and institutions to be displaced by the project. 5. Installation, construction or reconstruction of streets, utilities, landscaping, public plazas, parks and recreational facilities and areas, pedestrianways, waterways and other -10 necessary site improvements. 6. Disposition by sale or lease of property within the project area to private enterprises and to public agencies for public purposes for uses in accord with this Plan and with such other conditions and covenants running with the land as are necessary to insure redevelopment in accord with this Plan and the prevention of the recurrence of blight. 7. Formulation and administration of rules governing reasonable preference to persons who are engaged in business in the project area to re-enter in business within the redeveloped area if feasible. 8. Formulation and administration of rules governing the right of owners to participate in the redevelopment process by rehabilitating their property by execution of owner participation agreements for those parcels designated in this Plan to be retained and rehabilitated. • 9. Management of property. acquired by the Agency from the time the Agency takes title to the property until disposi- tion of same in accord with this Plan. • -11- v • VI. LAND USES, REGULATIONS AND CONTROLS The preferred and alternative land uses of this Plan are consistent with and conform to the Miami Beach General Plan. A. Project Boundary and Land Use Plan A land use map showing project boundaries, preferred land uses, and major circulation routes within the project area is attached hereto as Exhibit A. The Agency may approve any development which proposes uses consistent with the land uses that are designated "preferred" or "alternative" for any specifics development parcel provided such development meets the development standards set forth on page 17. Prior to approval by Agency of any development which does not satisfy the limitations as set forth in the Standards for Development on page 17 , the Agency will first obtain the approval of the Miami Beach Planning Board. B. Preferred and Alternative Land Use 1. Multi-Use Commercial This is a tourist-oriented use designed to provide attractions and services for visitors and residents as well as lodging for tourists. The Multi-use commercial areas as designated on the attached Exhibit A shall be developed for uses which may include, but shall not be limited to the following: a. Preferred Uses (1) Transient hotels, including related facilities as restaurants, retail shops, and meeting rooms and convention facilities. -12- I (2) Retail shops (3) Entertainment and amusement facilities (4) Eating and drinking establishments (5) Recreational facilities (6) Public and private clubs (7) Marine dockage and marine-oriented commercial establishments within a building (8) ' Parking within a building b. Alternative Uses (1) Residential hotels , apartments, and condominiums (2) Offices (3) Dry boat storage; boat repaix and maintenance facilities; marine fuel service facilities (4) 'Cruise, charter boat, and fishing boat terminals and facilities (5) Parking outside of a building. 2. Residential These are residential uses to be developed primarily with apartments, condominiums, and single family residences for permanent occupancy supported by commercial, service, and professional uses. a. Preferred Uses (1) Apartments, condominiums, and single family residences (2) Community facilities (3) Resident-serving retail shops, -13- medical-dental facilities and personal service establishments (4) Marine dockage (5) Private clubs (6) Parking within a building b. Alternative Uses (1) Transient apartments and condominiums (2) ' Offices (3) Tourist service retail shops (4) Eating and drinking establishments (5) Educational and cultural facilities (6) Institutional facilities (7) Entertainment and amusement facilities (8) Parking outside of a building 3. Public This is a public right-of-way, open space and recreational use. a. Preferred Uses (1) Public street, waterway, pedestrian, or other rights-of-way (2) Public parks, beaches, playgrounds, and open spaces (3) Publicly owned recreational facilities, marinas, and marine related commercial uses (4) Publicly owned and operated retail shops, restaurants, and sidewalk cafes (5) Publicly owned community facilities (6) Municipally owned parking areas and structures -14- 4 b. Alternative Uses (1) Publicly. owned and privately operated or privately owned and operated recreational facilities, retail shops, restaurants, and sidewalk cafes. C. Parks, Recreation, and Open Space Park and recreational facilities as well as public open space shall be developed in a manner consistent with the goals set forth in this Plan. Specific areas have been designated in Exhibit A for such purposes. However, open space and public areas as well as any public buildings which may be necessary in providing services to the public are permitted uses throughout the project area. D. Streets and Rights-of-Way Exhibit A delineates areas for public use, including major new streets. Many existing streets will not be retained. Streets within the project area may be widened, altered, or vacated for purposes of development of the project. New streets or other rights-of-way including waterways may be created as necessary. These public rights-of-way shall be used for vehicular, marine, and/or pedestrian traffic as well as for public improvements, public and private utilities, and • activities typically found in public rights-of-way. To further implement this Plan, the Agency is authorized to convey development rights or permission for the construction of structures above, below, and between public rights-of-way and public areas in such locations as may be feasible, consis- tent with the objectives of this Plan and as approved by the City of Miami Beach. -15- .► • E. General Controls and Limitations All real property in the project area is hereby made subject to the controls and requirements of this Plan. No real property shall be developed, rehabilitated, or otherwise changed after the date of the adoption of this Plan except in conformance with the provisions of this Plan and all applicable State and local laws in effect from time to time.. 1 . Standards for Development The Standards for Development for new construction and rehabilitation applicable to each Development Parcel are set forth in the following chart: -16- • STANDARDS FOR DEVELOPMENT MINIMUM MAXIMM MAMIE PARKIN • HEIGHT FLOOR AREA REQUIFEMENTS • LAND TEES (STORIES) (3) RATIO (FAR) 3 (SPANS) ) (1) (2) (3) 1. MULTI-USE COMMERCIAL a. Parcels A, D, E-1, E-2 15 4 to 1 ) ( Specialty - 2.0/1,000 E-3 I, J, � � s.f. K, L, M, ) C Restaurants/ Retail -3/1,000 N, P, S, T, U, X, and Y' s.f. ''--' C Marina Retail - 2/1,000 s.f. ( Boat Storage (wet) - 0.1/berth b. Parcels G and G 40 4 to 1 ) Boat Storage .. 1 2 C (city) 0.5/berth c. (3) office - 2.5/1,000 s.f. Maxirrin gross area (s.f.) ( Hotel: hotel 3,045,000 (4,350 units) ( C rcerci al uses within office 62,500 � thin ( hotel. - See above retail. 471,000 ( gest RDOMS -- 1/roam 2. RESIDENTIAL a. Senior Citizen Housing 15 2.5 to 1 0.2/dwelling unit g i t b. Market Rate Housing 15 2.5 to 1 1.2/dwelling/ g unit c. Parcel B (Existing and Proposed) 12 4 to 1 0.2/dwelling unit d. Parcels Q , Q and R1.2/10 9 to 1 dwellin uni ' 3 2 g t (Existing? e. (3) gross area 2,902,000 s.f. (2,596 units) 3. PUBLIC Multi-Use Commercial in Public Area (See la, above) All Other Uses (Tb be determined fol review Cawing review of develapRent plans) NOTES: (1) All square footages (s.f.) refer to net rentable area. (2) Relief from parking requirements may be granted in those instances where the Agcy certifies by resolution that the minimum parking requirements will be satisfied in whole or in part by • other public or private off-street parking facilities constructed or authorized to be constructed elsewhere in the South Bead Redevelopment Project Area. % (3) All maximum and minimri quantities and ratios nay be exceeded by not more than 10% when approved by the Miami Beach Redevelopment Agency. -16- .. The Standards for Development relate to both private and public areas within the project area. No new development shall be constructed and no existing improvements shall be substantially modified, altered, repaired, or rehabilitated except in accordance with the Standards for Development. The Agency. shall not approve plans for new construction or rehabilitation which do not comply with the Standards for Development. 2. Architectural Guidelines The Agency is authorized to establish Architectural Guidelines defining: architectural and landscape character; standards for graphics and signing; traffic circulation and ingressegress requirements; and any other design and development objectives and controls necessary to implement this Plan. Said Guidelines shall be established within the limits, restrictions, and controls established in this Plan. The Agency will prepare and adopt the Architectural Guidelines and once adopted, shall use said Guidelines, along with this Plan and the Standards for Development • contained herein, as the basis for public or private development within the project. 3 . Illustrative Development Plan and Illustrative Development Data Attached hereto as Exhibits C and D are an Illustrative Development Plan and an Illustrative Development Data table. The plan and table are illustrative of the use, size, bulk, density and intensity of permissible development within the project. -18- 1 It should be understood that Exhibits C and D are illustrative only, and that development need not conform to Exhibits C and D which are intended only as a guide. The Agency may approve plans for development which vary from Exhibits C and D provided that said plans are. in conformity with this Plan, the Standards for Development, and the Architectural Guidelines. 4 . New Construction All new construction shall comply with all applicable local laws in effect from time to time, except as inconsistent with this Plan or agreements entered into by the Agency under the authority of this Plan. All setback areas shall be landscaped and maintained by the owners with the exception of any portion necessary for access which shall be paved in accordance with the landscaping concept established by this Plan. Parking facilities shall be provided in accordance with the criteria set forth in the Plan at the ratio, if any, set by this Plan. All parking shall be paved and drained so that storm and surface waters draining from parcels will not cross public sidewalks, and all parking spaces visible from the street shall be landscaped as necessary to prevent unsightly barren appearances. Off-street loading facilities, trash areas, and any outdoor storage of materials approved by the Agency shall be ade- quately enclosed or screened by walls, landscaping, or other such enclosure consistent with applicable City ordinances and in a manner approved by the Agency. -19- 5. Rehabilitation * Any structure within the project area which will be retained as part of this Plan shall not be repaired, altered, reconstructed, or rehabilitated unless it is done so in conformance with this Plan and the Architectural Guidelines adopted by the Agency to assist in the implementation of this Plan. 6. Open Spaces and Landscaping The approximate amount of open space to be provided within the project area is set forth in Exhibit A and the Standards for Development set forth in VI El and is included as part of the goals and objectives of this Plan. These areas include, but are not limited to, the total of all areas which will be in public rights--of-way, open spaces, the space around buildings, and all other outdoor areas not permitted through applicable limits of land area to be covered by buildings. Landscaping plans shall be required to be submitted to the Agency for review and approval. 7. Signs Exterior signs necessary for the identification of buildings and premises shall be permitted provided that they comply with the Architectural Guidelines established for the project area. 8. Utilities The Agency shall require that all utilities be placed underground including, but not limited to, the following: transformer vaults or pads, water meters and valves, telephone pull boxes, manhole inlets and drain facilities, and cable TV. -20- 9. Incompatible Uses No use or structure which by reason of appearance, traffic, smoke, glare, noise, odor, or other similar factors that would be incompatible with the surrounding areas or structures shall be permitted in any part of the project area. 10. Nondiscrimination and Nonsegregation There shall be no discrimination or segregation based on race, religion, sex, or national origin, permitted, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the project area. 11. Resubdivision of Parcels After rehabilitation and/or development pursuant to this Plan, no parcel in the project area, ,including any parcel retained by a conforming owner or participant, shall be resubdivided without the approval of the Agency. 12. Variations Under exceptional circumstances, the Agency is authorized to permit variations from the limits, restrictions, and controls established by this Plan. In order to permit such a variation, the Agency must determine that: a. The application of one or more of the provisions of this Plan would result in unnecessary hardship to the property owner; and b. There are exceptional circumstances or conditions applicable to the property or to the intended develop- ment of the property which do not apply generally to other properties having the same standards, restrictions, and controls; and -21- c. Permitting a variation from the limits, restrictions, or controls of this Plan will not be materially detrimental to the public welfare or injurious to property or improvements in the area; and d. Permitting a variation will not be contrary to the objectives of this Plan. No such variation shall be granted which changes a basic land use pursuant to this Plan or which permits other than a minor departure from the provisions of • this Plan. . In permitting any such variation, the Agency shall impose such conditions as are necessary to protect the public health, safety, or welfare, and to assure compliance with the objectives of this Plan. 13. Works of Art . The Agency may require public and private developers to supply and incorporate into each development P p Y works of art for public view and appreciation. The Agency may establish rules and regulations governing the provision of said works of art, including cost, placement, and timing. _22_ VII. PROJECT EXECUTION The redevelopment of the South Beach Redevelopment Project will be undertaken in accordance with theP rovisions of the Florida Community Redevelopment Act. The Agency may utilize any and all methods of achieving the redevelopment of the project area as authorized by law and more specifically proposes to strive for economic revitalization and beautification within the project area by: A. Property Acquisition 1. Acquisition of Real Property ,The Agency proposes to acquire all of the land, real property and interests in land within the project area except for those parcels specifically designated to be retained or which may be rehabilitated pursuant to owner participation agreements entered into and carried out by owners of property as set forth in Sections VII B and C herein. Property proposed to be acquired for clearance and redevelopment is shown as "Properties Proposed for Acquisition" on Exhibit B: Property Rentention, Rehabilitation, and Acquisition, attached hereto and by this reference made a part hereof. Real property proposed to be rehabilitated or designated for retention is shown as "Properties With Structures Proposed for Rehabilitation" and "Properties With Structures To Be Retained" respectively on Exhibit B. _23_ Properties with structures designated as proposed for rehabilitation may be acquired by the Agency if owners do not enter into and carry out owner participation agreements. Additionally, the Agency may acquire any property with structures proposed for rehabilitation if the Agency determines in its sole discretion prior to the execution of an owner-participation agreement that it is in the best interest of the Agency to acquire and clear said property for disposition in accordance with this Plan. Any property with structures proposed for rehabilitation may fall into this category. Except as specifically exempted herein, the Agency may, but is not required to, acquire or obtain options to acquire all real property located in the project area, by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever. The Agency may also- acquire any other interest in real property less than a fee interest. The Agency will not acquire real property owned by public bodies which will not consent to its acquisition; provided, however, that any such public property may be acquired by the Agency if it is transferred to private ownership before the Agency completes land disposition within the entire project. 2. Acquisition of Personal Property Generally personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency may acquire personal property in the project area by any lawful means. -24- B. Owner Participation To the extent compatible with the purposes of this Plan and appropriate redevelopmentof the project, owners of real property designated on Exhibit B as "Properties With Structures Proposed for Rehabilitation" may, subject to rules and regulations including standards for rehabilitation promul- gated by the Agency, be accorded the opportunity to participate in the redevelopment of the project. Such participation shall be contingent upon execution by such owner of a binding agreement. reement. (hereinafter called "Owner Participation Agreement") by which the property retained or acquired will be developed and used in conformity with this Plan, and the Owner Participation Rules and Regulations promulgated by the Agency. Standards 'for rehabilitation will be set forth in the Owner Participation Rules and Regulations. The Agency may, however, prior to the execution of an Owner Participation Agreement, determine in its sole discretion that it is in the best interest of the Agency to acquire property designated as "Properties With Structures Proposed for Rehabili- tation" . Upon said determination, the property will no longer be eligible for rehabilitation and the Agency may acquire the propertyy from the owner. The Agency may also determine in its sole dis- cretion that it is in the best interest of the Agency to allow "Properties Proposed for Acquisition" as designated in Exhibit B to be retained and rehabilitated pursuant to an Owner Participa- tion Agreement and the Onwer Participation Rules and Regulations. Owner participation necessarily will be subject to and limited by such factors as the nature, condition and use of -25- the existing improvements, the reduction of the total number of individual parcels in the project, the elimination of certain land uses, the realignment of streets, the construc- tion of new public facilities and improvements, and the ability of owners to finance acquisition, rehabilitation, and/or redevelopment in accordance with this Plan and in accordance with such controls as may be found necessary to ensure that redevelop- ment is carried out pursuant to the development standards of this Plan. The Agency will not acquire real property which is retained by an owner under an Owner Participation Agreement unless said owner fails, refuses, or neglects to perform his obligations under said agreement. In the 'event of failure of an owner to participate pursuant to, and in full compliance with, the terms of an Owner Participation Agreement, the Agency may, at its option, seek specific performance of said agreement or acquire the property of such owner participant in accordance with the provisions of said agreement and thereafter sell said property for redevelopment in accordance with this Plan. C. Rehabilitation 1. The Redevelopment Agency may rehabilitate, or may as a condition of sale, lease, or owner participation, require a redeveloper or an owner participant to rehabilitate, remodel, alter, restore, repair, or otherwise improve the that is the subject ect of the sale, lease,� e, or Owner Participation Agreement, in a manner prescribed by the Agency. As necessary in carrying out this Plan, the F Agency is authorized to move or to cause to be moved any -26- building or other structure to a location within or outside * the project area. D. Business Tenant and Owner Preferences Business owners, whether tenants or owners of property within the project area may participate in the redevelopment of the project area in accordance with the Rules for Business Preferences as adopted and subsequently amended by the Agency. In general, these rules will provide that existing business owners and business tenants within the project area be given preference for re-entry into business within the redeveloped project area provided the business is compatible with the uses and quality of development in the redeveloped area, and that the business owner or tenant has the financial ability to so re-enter and operate its business. E. Cooperation with Public Bodies Certain public bodies are authorized by state law to aid and cooperate, with or without consideration, in the planning, undertaking, construction, or operation of this project. The Agency shall seek the aid and cooperation of such public bodies and shall attempt to coordinate this Plan with the activities of such public bodies in order to accomplish the purposes of redevelopment and the highest public good. The Agency by law is not authorized to acquire real property owned by public bodies without the consent of such public bodies. The Agency, however, will seek the cooperation • -27- of all public bodies which own or intend to acquire property in the Project Area. The Agency shall have the right to impose on all public bodies the planning and design controls contained in this Plan to insure that present uses and any future develop- ment by public bodies conform to the requirements of this Plan. Any public body which owns or leases property in the project area will be afforded all the privileges of owner and tenant participa- tion if such public body is willing to enter into a participation agreement with the Agency. V. Property Management During such time as property in the project area is owned by the Agency, such property shall be under the management and control of the Agency. Such property may be rented or leased by the Agency pending its disposition for redevelopment. G. Relocation of Persons Displaced Relocation of persons and businesses is anticipated. When undertaken, the following standards will apply: 1 . Assistance in Finding Other Locations The Agency shall assist all families and single persons displaced by the project in finding other locations and facilities. In order to carry out the project with a minimum of hardship to persons displaced from their homes, the Agency shall assist individuals and families in finding housing that is decent, safe, sanitary, within their financial means, in reasonably convenient locations, and otherwise suitable to their needs. The Agency may also assist in the provision of housing outside the project area for displaced persons. -28- 2. Relocation Payments The Agency may pay reasonable moving expenses to persons (including families, business concerns and others) displaced by the project. This provision is not intended to provide incentives for commercial and industrial .businesses to move out of the project area. The Agency may make such relocation payments for moving expenses where the Agency determines it is in the best interest of the project and not to do so would create a hardship on the persons involved. The Agency may make such other payments as may be in the best interest of the project and for which funds are available. The Agency shall make all relocation payments required by applicable law. Owners of condominiums, cooperatives, private homes or duplexes, or other property owners residing therein shall have the privilege of selecting, if they so desire, a unit in the redevelopment area of Miami. Beach, or elsewhere, which is a comparable unit to the one they were occupying at the time of relocation, in lieu of the financial rumuneration specified in the redevelopment plan, providing that the cost of such unit does not exceed the total of the value of their property as determined by ' negotiation or an eminent domain proceeding plus the amount they would have been entitled to receive for relocation expenses . Determination of the comparability of a unit may be determined by agreement between the property owner and the Redevelopment Agency or by reference to the Grievance Committee for determination if no agreement can be reached. -29- 3. Relocation Rules and Regulations The Agency shall adopt rules and regulations governing the relocation of individuals, families and businesses in the project area. These rules and regulations shall establish the eligibility criteria for relocation benefits, as well as establishing the amount of relocation payments to be made. These rules and regulations may be amended from time to time. Said Rules shall provide that all persons in the project area who, at the time of relocation, are 65 years or older, and who otherwise qualify under the relocation plan, shall be entitled to a permanent rental subsidy in a sum equal to the difference between rental paid by such persons at the time of relocation, and necessary rental payable to provide suitable housing after relocation, -or the difference between 25% of such person' s income and such necessary rental payments, whichever sum is greater. 4. Demolition, Clearance, Public Improvements, Building and Site Preparation (a) Demolition and Clearance The Agency is authorized to demolish, clear or move, buildings, structures, and other improvements from any real property in the project area as necessary to carry out the purposes of this Plan. -30- (b) Public Improvements The Agency is authorized to install and construct or to cause to be installed or constructed the public improvements and public utilities (within or outside the project area) necessary to carry out this Plan. Such public improvements include, but are not limited to, over or underpasses, bridges, streets, curbs, gutters, sidewalks, street lights, sewers, storm drains, traffic signals, electrical distribution • s stems natural systems, gas distribution systems, water distribution systems, buildings, parks, off-street parking, plazas, playgrounds, landscaped areas and waterways. (c) Preparation of Building and Development Sites The Agency is authorized to prepare or cause to be prepared as building and development sites any real property in the project area owned or acquired by the Agency. H. Propert Disposition and Develo•ment 1. Real Property Disposition and Development (a) General For the purposes of this Plan, the Agency is authorized to sell, lease, exchange, subdivide, transfer, assign, pledge, encumber by mortgage or deed of trust, or otherwise dispose of any interest in real property. To the extent permitted by law, the Agency is authorized to dispose of real property by negotiated leases or sales. All real property acquired by the Agency in the project area shall be sold or leased for development for fair value in accordance with the uses permitted in this Plan. -31- f The Agency shall reserve such powers and controls through disposition and development documents with purchasers or lessees of property as may be necessary to prevent transfer, retention, or use of property for speculative purposes and to insure that development begins within a period of time which the Agency fixes as reasonable and is carried out pursuant to the purposes of this Plan. (b) Purchase and Development Documents To provide adequate safeguards to insure that the provisions of this Plan will be carried out and to prevent the recurrence of blight, all real property sold, leased, or conveyed by the Agency, as well as all property subject to participation agreements, shall be made subject to the provisions of this Plan by leases, deeds, contracts, agreements, declarations of restrictions, or other means. The leases, deeds, contracts, agreements , and declarations of restrictions may contain restrictions, covenants, covenants running with the land, rights of reverter, conditions subsequent, equitable servitudes, or any other provision necessary to carry out this Plan. All property in the project area is hereby subject to the restriction that there shall be no discrimination or segregation based upon race, religion, sex, or national origin, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of property in the project area. -32- • (c) Obligations to be Imposed on Redevelopers 4 (1) Purchasers, lessees, owner participants of land within the Project Area shall be required to develop such land in accordance with the provisions of this Plan. The Agency shall have the right to withhold transfer of title to purchasers, lessees or developer of land in order to ensure fulfillment of said requirement. No building, sign or structure shall be con- structed upon any part of such land unless architectural plans and specifications, showing the nature of such construction, parking, loading, surface treatment and landscaping, the location and orientation of structure (s) on the building site and, when requested, the grading plans for the building site to be built upon, shall have been submitted to, reviewed and approved in writing by the Agency. The Agency shall have the right to refuse to approve any such plans or specifications when in the opinion of the Agency such plans or specifications do not conform with the conditions and objectives of this Plan. (2) Purchasers, lessees, users, owner partici- pants, or developers of land within the project area must commence the erection of any building, prosecute diligently the work thereon and complete it within such reasonable period of time as agreed upon with the Agency. (3) No purchaser, lessee, owner participant or developer shall resell , lease, sublease, or otherwise dispose of land in the project area until the construction, approved by the Agency, has been completed, except with the prior written consent of the Agency. -33- I . SUBSIDIZED NOUS TNG The Redevelopment Agency shall be required to use its best effrots in cooperating with the City of Miami Beach to achieve Federal or other funding for 750 permanently subsidized low income rental housing units within the City of Miami Beach. -34- VIII. METHODS FOR FINANCING THE PROJECT A. General Description of the Proposed Financing Method 4 Upon adoption of this Plan bythe CityCouncil *, , the Agency is authorized to finance this project with financial assistance from the City of Miami Beach, State of Florida, Dade County, Federal Government, Interest Income, Agency notes and bonds, or any other available source including Property Tax Increments to the extent they are authorized in the State of Florida. The advances for survey and planning and the operating capital for administration of this project may come through loans from the City. Such loans shall be on terms established by the City and the Agency. The City may also supply additional assistance through City loans and grants for various public facilities. Initial funds for project planning and administration have come from the Department of Housing and Urban Development' s CommEiity Development Block Grant Funds and this resource may be utilized in the future. There will also be some revenue accruing to the project from interest earned on investments of Agency funds. The Agency is hereby authorized to obtain advances, borrow funds and create indebtedness and other obligations in carrying out this Plan after first submitting a financing summary of each project. The principal and interest on such advances, funds, indebtedness and other obligations, may be paid from any funds available to the Agency. */ The name "City Council" was changed to "City Commission" by Charter Amendment on November 1 , 1977. • -35- • The Agency is authorized to make such pledges as to specific advances, loans, indebtednesses, and other obligations as appropriate, in carrying out the project. B. Loans and Grants Any loans, grants, or financial assistance from the United States, or any other public or private source may be utilized if available. C. Estimate of Costs It is estimated that the total cost of project activi- ties to be undertaken pursuant to this Plan will be $271, 114 ,000. It is presently anticipated that Federal and/or State financial assistance may be utilized in the implementation of the redevelopment program to the extent they are or will become available.;> The repayment of costs of project activities will be satisfied by a combination of disposition proceeds from the property acquired by the Agency and lease,',marina, and parking revenue bonds as well as bonds secured by tax increments issued by the Agency or any other appropriate authority in addition to any Federal or State funds No expenditures will be made by the Agency until such time as adequate funds are available. A more detailed estimate of the total project cost and revenues are set out below: --36 1. Project Cost Acquisition and Public Works Land Acquisition, demolition-site preparation, public improvements, relocation of persons and businesses, engineering and contingencies. $216,303, 000 Financing, Start-up Costs and Agency Budget Interest during construction, lender closing and indirect cost, leases/taxes/parking • start-up cost, Agency operating cost. 54 ,811, 000 TOTAL PROJECT COST $271,114 , 000 • 2 . Project Revenues • Lease Revenues/year* $ 7, 327, 000 Tax Increment/year 6 ,437,000 Marina/year . 1,177, 000 Parking/year 5, 947 ,000 Other Income 820, 000 • TOTAL ANNUAL REVENUES $ 21,708,000 3. Sources Funding the Project Cost Bonds supported by first liens on revenues and secondary financing** $253 , 350,000 Land Sales 20, 395,000 TOTAL FUNDING $273, 745, 000 *It is presently anticipated that the Agency will lease all property for private reuse within the project area except for lands which will be used for condominium purposes. However, in the event the developer or developers of the project purchase property contemplated to be leased either by direct purchase or through a lease option agreement, the amount in the budget for disposition of real property will increase to reflect the addi- tional sales and the amount of bond revenues generated from lease payments will be decreased to reflect the change in the status of ownership of the affected parcels. **Revenue Bonds issued in the furtherance of the implementation of the Redevelopment Plan shall not pledge the faith or credit of the City of Miami Beach and the bonds shall so recite. _37- IX. ACTIONS BY THE CITY ' The City shall aid and cooperate with the Agency in carrying out this Plan and shall take all actions necessary to ensure the continued fulfillment of the purposes of this Plan and to prevent the recurrence or spread in the area of conditions causing blight. Action by. the City shall include all those actions authorized by law which include, but shall not be limited to, the following: A. Initiation and implementation of such actions as are necessary to delegate to the Agency :the responsibility for administering all aspects of this Plan: 1. Initiation and implementation of zoning changes and/or the formation of a Planned Area Development District, all in a manner consistent with this Plan and to the extent necessary to permit the land uses and development authorized by this Plan. 2. Imposition wherever necessary (by conditional use permits or other means) of appropriate .controls, within the limits of this Plan, upon parcels in the project area to ensure their proper development and use. 3. Initiation and completion of proceedings for opening, closing, vacating, widening, or changing the grades of streets, alleys, and other public rights-of-ways, and for other necessary modifications of the streets, the street layout, and other public rights-of-ways in the project area. 4 . Initiation and completion of proceedings necessary for changes and improvements in publicly owned public utilities within or affecting the project. -38- B. Provision for administrative enforcement of this Plan b Y the City after development. The City and the Agency shall develop and provide for enforcement of a program for continued maintenance by owners of all real property, both public and private, within thin the project area throughout the duration of this Plan. C. The City shall authorize, immediately following approval of this Redevelopment Plan, the conveyance to the Agency of City- owned land to an extent sufficient to carry out the objectives of this Plan. Each said conveyance by the City to the Agency shall be g Y made in a timely manner in accordance with schedules approved by the Agency, and at no cost to the Agency. D. Performance of the above, and of all other functions and services relating to public health, safety, and physical develop- ment normally rendered in accordance with a schedule which will permit the redevelopment of the project area, to be commenced and carried to completion without unnecessary delay. * E. As relates to the zoning and rezoning powers of the City applicable to redevelopment in accordance with the provisions of 163 .360 (11) F.S. , and elsewhere in the Law, Charter and Ordinances of the City of Miami Beach, the City Council has found, determined and resolved as follows: (1) The Council having approved the Redevelopment Plan restates its commitment to the successful implementation of the Plan. (2) Except as provided for in the Plan itself, there shall be no variation or modification of the Plan without Council approval. -39- (3) In order to provide a workable procedure whereby the City Council may retain the power to approve zoning in the project area, but which will allow for implementation by the Miami Beach Redevelopment Agency, an ordinance shall be adopted which will provide for the procedures by which the Agency may implement' the Redevelopment Plan. -40- X. ENFORCEMENT After development, the administrative enforcement of this Plan or other documents implementing this Plan shall be performed by the City or the Agency. The provisions of this Plan or other documents entered into pursuant to th .s Plan may also be enforced by Court litigation instituted by either the Agency or the City. Such remedies may include, but are not limited to, specific performance, damages, re-entry, injunctions, or any other remedies appropriate to the purposes of this Plan. In addition, any recorded provisions which are expressly for the benefit of owners of property in the project area, may be enforced by such owners. -41- XI. DURATION OF THIS PLAN Except for the E nondiscrimination p enation and nonsegregation provisions, which shall run in perpetuity, the provisions of this Plan shall be effective and the provisions of other documents formulated pursuant to this Plan may be made effective for 30 years from the date of adoption of this Plan by the City Council. • -42- XII. GRIEVANCE BOARD Regarding the grievance procedure as set forth in paragraph XII of the Relocation Plan adopted hereby, there is to be established a three member board to hear such grievances, such board to be composed of a member of this Council, a member of the Redevelopment Agency, and a member of the Miami Beach Housing Authority. The terms of these members are to be staggered in the manner to be set forth by this Council. Upon hearing a grievance, such board will render its decision and forward it to the Redevelopment Agency within the time specified in paragraph XII of the Relocation Plan, and the Agency as well as the grievant will be bound by the decision of such board, subject to the right of either party to obtain judicial review for departure from the plan, this Resolution, or otherwise essential requirements of law. In the event the Agency seeks judicial review and does not prevail, the grievants' court costs, including reasonable counsel fees as adjudged by the Court, shall be payable by the Agency. Any procedure concerning the decision of the aforesaid Board set forth in Paragraph XII of the Relocation Plan which is inconsistent with the aforesaid procedure is hereby amended and superseded by this amendment. • -43- 4 XIII. PROCEDURE FOR CHANGES IN APPROVED PLAN The Plan may be amended or modified in any manner as is now or hereafter may be permitted by law. The City Council retains the right to modify the Community Redevelopment Plan as provided by Section 163. 360 (7) Florida Statutes, a codified section of the Community Redevelopment Act of 1969, as amended. -44- XIV. RELOCATION SOCIAL ASSISTANCE COMMITTEE There is to be established a committee called the "Relocation Social Assistance Committee" to be composed of one staff member from the Social Services division of the City of Miami Beach, and one staff member from Citizens Services, each to be appointed by the City Manager, and one member of the Miami Beach Redevelopment Agency Citizens Advisory Committee to be selected by such Committee. • • -45- XV. SUBORDINATION OF PROPERTY In the event that any subordination of realer ro p p ty owned by the City of Miami Beach or the Redevelopment Agency is permitted by the Constitution and laws of the State of Florida and subordination is considered orro osed p p by the Redevelopment Agency, such proposal shall be submitted to the City Council for ratification or otherwise, and no subordination agreement shall be valid without ratification by the City Council. - 46 - XVI . SEVERABILITY If any provision, section, subsection, sentence, clause or phrase of this Plan is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of this Plan. • _47_ • XVII. A. NEIGHBOPHOOD IMPACT STATEMENT Subsequent to the initial adoption of this Plan, the Agency undertook a complete analysis of the impact of the Project upon the residents of the project area and the surrounding areas, in terms of relocation, traffic circulation, environmental quality, availability of community facilities and services, effects on school population and other matters affecting the physical and social quality of the neighborhood. Said analysis was undertaken as part of the Agency' s Development of Regional . Impact Application for Development Approval as well as pursuant to Resolution No. 79-15828 of the City Commission of the City of Miami Beach amending the Development Order. These documents are incorporated herein as the Neighborhood Impact Statement as if fully set forth herein and by this reference made a' . part hereof. B. 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