93-20721 Reso
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93-20721
A D80LV'I!IOII OF DE DYOlt AIm CIft COJDaa8:I0II
O~ I!B1I CIR O~ JaaJa BBaCK, PLOIl:IDa., JmCDIU)IIIQ
A CaTUB GB~BIC UBA 1I%ft%. ftB CIn O.
KIDI BBACB, CALLED TJIB C:In cmrrD/B:IBTOaIC
COdVIblTION VILUGB JUlD1IVBLOPIIJDrJ.' AJn)
R.BV%TALUA'1'IOJt UB, DB8cal.BD GIDIBlIALLY A8
BBIII'G BOUIIDBD OIl 'l'JIB 1IA3'1' BY !'BB ATLAlft'IC
OCBUt, 011 '!JIB KORD BY UD 8'1'RBft, 011 DB
".1' BY "ST AVDUII, MD 011 na 801l'1'Jl BY 14ft
LAIfB; ACCDTIII'G D.LIVDY OJ' A 1'.01'01BD
RIlDBVBLOPII1DI'1' PloD nOlI 'nil! JUU% B.CK
IlBDBVBLOPKDT ActBKCY; ADOP'UlI'ct 8AID
IlBDBVBLOPIID'! PLU 1 DIRIlC'l'%JIG 8TU1' TO 8BBK
APn.Ovu. OJ' A RBDBVBLOPIID'! PLD BY 'l'BE BO:aum
01' COUlft'Y C0JDa88IOlfDa O. DAD. COtJftY;
DIaBC'1'IRG 8TAFF TO 8BB A DBLBGATIOII' 01'
CBRTAI. POWBR8 nox THB BOARD 01' COUlft'Y
COJOlII.Z:OlQlllI or DADB COUJl'!Y WID I'ULL POWD
TO BZERCI8E ALL THI I'OWBR8 I'BRkITTID BY
CDl'lJ:lBR 163, PUT III, I'LOR%DA STATVTB8, DIOB
ARB Dn.ClATID BY THB BOU!) O. COUJl'!Y
CODI8SI01lBR8 01' DADB OOU1llTY TO TJUI CI'J:'Y
COIIIII8SIOJt 01' TBB CITY OI'IaAIU BDOBI
DIRBCTIRG STUI' TO lIBGOTIA'l'B AlID .~V'1'B All'
tnDLOCUa AGRIIJDlBII'1' BII'l'WBBlI nB DIft 01' IUAIIJ:
BBACK AlID DADa COtJll'l'Y, J'LOIlIDA; DIaBCTIII'6
8TAI'I' TO IBB A TRUST PUI1D OIlDIDllCB I'ROJI nB
BaUD or COUltTY COJOlilltO". 01' DADB COOllTY;
ALL roa TBB aEDBVBLOPKBRT 01' lAID CITY
CIIII'TEa/HISToaIC CORVBII'TIOK VILLAGB
RIDBVBLOPKBNT aII'D RBVITALIIATIOR UEL.
W'IIJIItD8, the I.eqislature of Florida enacted the Community
Redevelopment Act of 1969 durinq the leqislative .ession held
during 1969, which enactment is presently codified in the statutes
ot Florida as Part III of Chapter 163, Florida Statutes, also known
as seotions 163.330 through 163.450, Florida statutes; and
WHEREaS, all powers arising through the afore.aid enactment
are conferred by that enactment upon counties with hOUle rule
charters, which counties in turn are author~zed to delegate such
.
powers to municipalities which wiSh to undertake redevelop.ent
projects within their respective municipal boundarie.; and
WBBaBAB, by Resolution No. R-14-93 of the Board of county
c01l\1llissioners of Dade county adopted on January 26, 1993 (the
"county Re.olution"), the County c01Mli8sion declared the
Redevelopment Area (defined in the county Resolution) to be a
blighted area and determined that it i. necessary to redevelop said
Redevelopment Area and establish a community redevelopment aqency
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to redevelop such area, all in aocordanoe with Part III of Chapter
163, Florida Statutes, and the county commis.ion deleqated oertain
powers conferred upon the County Commission as the governing body
of Dade County by Part III of Chapter 163, Florida statutes, with
regard to the Redevelopment Area, so that the City commission,
either directly or through its duly designated oommunity
redeveloP1\lent agency, may prooeed to exercise such powers; and
1nIBRDII, by the County Resolution, the County Coai8sion
deterlflined that the rehabilitation, con.ervation, or redevelopment,
or combination thereof, of such Redevelopment Area is necessary in
the interest of the public health, safety, morals, or welfare of
the residents of Dade County within such qecx.rraphio area; and
1DIBIl1lA8, by Resolution No. 93-20709 of the City commies ion
adopted on February 3, 1993 (the "City R..olution"), a oopy of
which i8 on file with the City Clerk, the city commi8sion declared
the Redevelopment Area to be a "bliqhted area"; made a finding of
necessity as to the rehabilitation, oonservation or redevelopment,
or combination thereof, of such area, aocepted a delegation of
certain powers from Dade County to the City of lIiUl1 Beach pursuant
to Chapter 163, Part III, Florida statutes; declared the need to
establish a community redevelopment agenoy, and declared the
members of the c1 ty Commi...ion as the members of the c01lllllUnity
redevelopment ac;rency; declarod that the existinq Miami Beach
Redevelopment Agency may act as the community redevelopment agency
with full power to exe1;'cise all the power8 perm! tted by Part III of
Chapter 163, Florida statutes, whioh were 4e1e9ated by Dade County
to the City commission; directed the initiation, preparation and
adoption of a redevelopment plan and any amencblents thereto by the
community redevelopment agency; all for the Redevelopment Area; and
WKBRD8, the Mia..! Beach Redevelopment Agency (the II Aqency")
on February 3, 1993 by ReSOlution No. 126-93 acoepted tho findings
and dele9ationll referenced in the City Re.olution, inCluding,
without limitation, the determination that the aforementioned
Redevelopment Area known as the city Center/Historic Convention
Village Redevelopment and Revitalization Area is a "blighted area",
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and the findinq that the rehabilitation, conservation, or
redevelopment, or combination thereof, of .uch Redevelopment Area
is nece.aary in the interest at the pUblic health, .afety, moral.,
or weltare of the residents of Dade County within such
Redevelopment Area; and
......., on February 3, 1993 the Agency by resolution also
accepted the declaration of the Miami Beach city Commission that
the Aqency may act as the coaunity redevelopment: agency for the
City Commission with respect to the Redevelopment Area, and
......, the Agency has caused there to be prepared a
redevelopment plan which was submitted to the Planninc;r Board of the
City of Miami Beach as the local planninc;r aqency of the City of
Miami Beach for review and recommendations as to conformity with
the comprehensive plan; and
WJIBRBU, the Plannlnc;r Board of the City of Miami Beach as the
local planninq agency of the City of Miami Beach by resolution on
Februa~ 5, 1993 reviewed said redevelopment plan (a copy of which
is appended to this Resolution as "Exhibit An, and which is
hereinafter sometimes referred to as the "Redevelopment plan" or
"Plan") and held a public hearing with respect thereto, and further
said Planning Board of the City of Miami BeaCh as the local
planninq agency found, by Resolution No. 93-1, said plan in
conforJllity with the comprehensive plan for the city of Miami Beachl
and
ODDS, the Agency by Resolution No.
128-93 on Pebruary 12,
1993 recommended the Plan for approval by the City Commission of
the City of Miami Beach, after making certain findings contained in
said resolution of the Aqency; and
..laBAS, the City Clerk has pUblished a public notice of a
public hearing with respect to the fact that at this meeting the
Ci ty Commission would consider:
(i) adopting said Plan, (11)
directing staff to .eek approval of the Plan by the Board of County
Commissioners of Dade coun1;y, (ii1) direc;:1;1ng st.aff to s..k a
delegation of certain powers from the Board of county c01ldllissionera
ot Dade County, (iv) directing statt to negot.iate and exeoute an
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inter local cooperation aqree~ent between the City of Mi.-i Beach
and Dade county, Florida, (v) directinq staff to seek a trust fund
ordinance from the Board of County commissioners of Dade county,
and (vi) providinq for severability and pt"ovidinq an effective
date; and
1IJIDD8, the City Commission has at this iaeet1nq conducted a
public hearinq with re.pect to the findinqs, conclusions and other
matters set forth hereinabove and hereinbelow.
ROW. 'l'BBRBI'01lB, BB IT RBSOLVBD BY RB DY01l UD 00lOI1881011 01'
TJIII CI:TY 01' lad! _DCH, I'LO.IDA, that:
1. The city commi.sion hereby accepts the delivery of the
Plan delivered to it by the Aqency.
2. The City Commission hereby c1eteX'Jllin.s and finds that:
(a) The redevelopment of the Redevelop.ent Area is
necessary in the intere.t of the pUblic health, safety,
morals, ane:! welfare of the resident. of the City of Miami
Beach and in the interest. of implementinq Part III of Chapter
163, Florida statutes, by revitalizinq the area economically
and sociallY, thereby inhibitinq the spread of disease and
crime, and inter A.1i.A improvinq the tax base, promotinq sound
growth, and providinq improved housinq conditions.
(b) A feasible method exists for the location of
families who will be displaced frcntl the Redevelopment Area in
decent, safe I and sanitary dwellinq accommodations wi thin
their means and without undue hardship to such families.
(c) The Plan conforms to the comprehensive plan of the
cit.y of Miami Beaoh as a whole.
(d) The Plan qives due consideration to the provision of
adequate park and ~ec~eatlonal areas and facilities that may
be desirable for neighborhood improvement, with speoial
consideration for the health, safety, and welfare of children
residinq in the qeneral vicinity of the site covered by the
Plan.
,
(e) The Plan will afford maximQm opportunity, consiatent
with the sound needs of Dade County and the City of Mi..i
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Beach as a whole, for the rehabilitation or redevelopment of
the Redevelopment Area by private enterprise.
(f) TO the extent that the Redevelopment Area oonsists
of an area ot open land to be acquired by the City of Miami
BeaCh or Agenoy so as to be developed for residential uses,
such areas may be acquired because it is hereby determined
that: (i) a shortaqe of housinq of sound standards and desiqn
which is decent, safe, affordable tc residents of low or
moderate inoome, includinq the elClerly, and sanitary exists in
the City of Miami Beach, (ii) that the need for housing
accommodations hac incraaseCl in the Redevelopment Area, (iii)
that the conditions of bliqht in the Redevelopment Area or the
shortaqe of decent, safe, affordable, anCl sanitary housinq
cause or contribute to an increase in and spread of disease
and crime and constitute a menace to the public health,
safety, morals or welfare, and (1v) that the acquisition of
the area for residential uses is an inteqral part of and is
essential to the projeot set forth in the Plan.
(q) With respect to any areas in the Redevelopment Area
which are to be acquired so as to be developeCl tor non-
residential uses, such non-residential uses are necessary and
appropriate to facilitate the proper qrowth and develop.ent of
the community in accordance with sound planning standards and
local community objectives, and aoquisition may require the
exercise of governmental action as provided in Part III of
Chapter 163, Florida Statutes, because of:
1. Defective, or unusual oonditions of, title or
diversity of ownerShip which prevents the free
alienability of such land;
2.
Tax delinquency;
3.
Outmoded street pattern.;
Deterioration of site;
4.
5.
Economic disuse;
6.
Unsuitable topography or faulty lot layouts,
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7. Lack of correlation of the Redevelopment Area
with other areas of the City of Miallli Beach by streets
and modern traffic requirements; or
8. Any combination of such factors or the other
conditions set. fort.h in the Plan which retard development
of the area.
3. It. is hereby found and determined that. said Plan for
redevelopment of the Redevelopment Area conforms wit.h Part III of
Chapter 163, Florida Statutes, is necessary in the interest of the
pUblic health, safety, moral., and welfare of the resident.s of the
city of Miami Beach and will eftectuate the purposes of the
aforesaid statute, by revitalizing the Red.evelopment Area
economically and soc1al1y, thereby increasinq the tax ba..,
promoting sound growth, improving hou.ing condition., and
eliminating the conditions which the Florida Legislature in .uch
statute found constituted a menace which was injurious to the
PUblic health, satety, welfare, and morals of the residents.
4. The city commission ha"linq conducted a full public
hearing on the matter and having made the findings expre..ed. 1n
Paragraphs 2 and 3 above, bereby and herewit.h approves and adopts
the Plan.
5. The City Commission hereby directs its staff to ..ek
approval ot the Plan by the Board of County commi..ioners of Dade
County.
6. The city Commission hereby and herewith directs its staff
to seek from the Board of County commissioners of Dade County
additional powers not already deleqated to the city, which power.
originate in the Community Redevelopment Act of 1969, so as to be
able to tully exercise all powers originating in such Act and so to
be able to fully implement. the Plan and otherwi.e exerci.. the
powers .et forth in Part XXX of Chapter 163, Florida Statute..
7. The Plan is hereby de.ignat.ad a8 the official
redevelopment plan for t.he aforesaid Redevelopment Area and it 1.
the purpose and intent of the cit.y Commission that. aaid
Redevelopment Plan be implemented in the Redevelopment Area.
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8. The City Commieeion further he~eby and herewith direote
its staff to take all furthe~ actions neoessary and do all thinqe
~equired to accomplish implementation of the Plan and any
amendmente thereto.
g. The City Commieeion hereby and herewith directs its staff
to negotiate and execute an appropriate inter local cooperation
agreement between the city of Miallli Beach and Dade county, Florida
in connection with the implementation of the Plan.
10. The City commis.ion hereby and herewith directs its sta'!'!
to s.ek an appropriate trust fund ordinance trom the Board of
County commissioners of Dad. county eo as to implement the Plan.
11. If any section, sentence, clause or phrase of thie
r.eolution is held to be invalid or unconstitutional by any oourt
of cOlllpetent jurisdiction, then said holdlnq ehall in no way affect
the validity of the remaininq portione of this resolution.
12. This resolution shall take effect immediately upon i~e
adoption.
Passed and Adopted this 12th
FORM APPROVED
LEGAL DEPT.
By -::r-c.v
Attes~~ C:~
C Y Clerk
Date
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LEGAL DESCRIPTION
PROPOSED CI1Y CENTER/HISTORlC CONVEN'l10N VILLAGE
REDEVELOPMENT AND REVITAUZA'ftON AREA
All that land uea within the corporate Umits of the aty of MIami Ree"", Florida, wbicb is
bounded by the \inj: proceeding nonherly from ~ POINT OF ~P.GINNING where the
eastern extension of the south right-of.way tiDe of 14th Laae meets the BroIion Control LiDe
along the western shore of the Atlantic Ocean, said tiDe foJlcJwiq the BroIion Control LiDe
to a point where it intersects the eastern ezteDIion of the D011b ript-of-way One of 24th
Street; then proceediq in a westerly direction aIoDI thfa -tPon 8Dd the aonh ri&ht-of-
way line of 2.4th Street to a point where it intersec:ts the aonh bnl1rh..d wall of the eollfM
Canal; then proc:eedJq in a southwesterly dfrecdon aloaI the uorth bl1lM1ud wall of the
ColliDs Canal to a point where it intersects the elIIt rf8bt-of-way liDe of Pf:ae Tree Drive;
then ~f.,1 due west in a tine tl'aVeISiD& the iDIenec:don of])lde Boule9ud 8Dd PIDe
Tree Drive to a point where it intersects the nortb rf8bt-of-way lfDe ofOade Boulevard; then
proceeding in a southwesterly direction aIons said right-of-way tine of Dade Boulevard to
a point in~"1 the west right-of-way tiDe of Meridian Aveuue; then 91'OO'f.tt"l south
from said point along the west right-of-way Une of Meridian Aveuue to a point where it
intersects the nonh ri&ht-of-way One of 17th Street; then In<' ceerH"l in a westerly direction
along said right-of-way tine of 17th Street to a point wbere it intenects the west right-of-way
tiDe of West Avenue; then proc:eediDg in a southerly dfrecdon aloDa said ript-of-way line
of West Avenue to a point where it intersects the eutem at~ of the southern property
line of lot 8 in Block 44; then proc:eedinJ in an easterly direc:tion acrou West Avenue to the
south property line of lot 12, BlOck 45; then In(lceef1l''l easterly alOlll the south property
lines of lots 12 and 8, Block 45, thereby traYeniD& Alton Court to a point intersec:tfng the
west right-of-way tine of Alton Road; then pioc:eetfl"l southeast across Alton Road to a
point where the east ri&ht-of-way tiDe of Alton Road intersects the south ript-of-way line
of Uncoln Lane South; then proc:eedinJ in an easterly direc:tion alou& the said right-of-way
line of Uncoln Lane South to a point where it intersects the west right-of-way tine of Dreul
Avenue; then pracee"""! in a southerly direction along said_right-of-way tiDe of Dreul
Avenue to a point where it intenects the south rtpt-of-way liDe of 16th Street; then
proceeding in an easterly direction aloDs said rtpt-of-way 1IDe of 16th Street to a point
where it intersects the west ript-of-way liDe ofW..ht"I'OD Aveuue; then procee"I"1 in a
southerly direction aloa& said rJaht-ol-way Uae of W.,ht"I'''1l Avenue to a point where it
intersects the westem extension of the south right-of-way liDe of 14th Lane; then proceeding
in an easterly direction along said ript-of-way line of 14th Lane to the POINT OF
BEGINNING where the eastern extension of the south ript-of-way line of 14th Lane
intersects the Brosion Control Une along the Atlan1ic Ocean.
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NEST AVENUE
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ATLANTIC OceAN
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