MB RDA RESOLUTION 82-17005 MAY 5, 1982 RESOLUTION NO. 82-17005
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
)PP j OF MIAMI BEACH, FLORIDA, APPROVING THE AMENDED
AND RESTATED REDEVELOPMENT PLAN OF FEBRUARY
16, 1982, INCLUDING AMENDMENTS ADOPTED ON
APRIL 30, 1982, AS PRESENTED TO THE CITY COM-
MISSION BY THE MIAMI BEACH REDEVELOPMENT
AGENCY.
WHEREAS, the Miami Beach Redevelopment Agency has
presented an amended and restated redevelopment plan to the
City Commission of the City of Miami Beach; and
WHEREAS, the City Commission has considered the plan
and finds it to be a feasible plan;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COM-
MISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the amended
and restated Redevelopment Plan of February 16, 1982,
including amendments adopted on April 30, 1982, be approved.
PASSED and ADOPTED this 5th day of May
1982.
'.
�.
VICE Mayor J
Attest:
jf)
CityClrk
MLB:jj _
APPROVED
LECAL DEPARTMENT:
cnt
s-- 5--i 2
Date
1
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•
April 30, 1982
AMENDED AND RESTATED REDEVELOPMENT PLAN
FOR THE
SOUTH BEACH REDEVELOPMENT PROJECT
MIAMI BEACH, FLORIDA
February 16, 1982
Including amendments adopted
on April 30, 1982
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CONTENTS
PAGE NO.
I . INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
II . GENERAL DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . 2
III . BOUNDARY DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . 4
IV. REDEVELOPMENT OBJECTIVES . . . . . . . . . . . . . . . . . . 6
V. SUMMARY OF PROPOSED ACTIONS AND
REDEVELOPMENT TECHNIQUES TO
ACHIEVE PLAN OBJECTIVES . . . . . . . . . . . . . . . . . . . 9
VI . LAND USES, REGULATIONS AND CONTROLS 12
A. Project Boundary and Layout Plan 12
B. Overall Land Use Guidelines 13
1 . Multi-Use Commercial 13
2 . Residential 14
3 . Public
14
C. Parks, Recreation, and Open Space . . . . 15
D. Streets and Rights-of-Way . . . . . . . . . . . . 15
E. Tidal-Flushed Canals and
Alternative
F. General Controls and Limitations . . . . . 16
1 . Standards for Development 17
2 . Architectural Guidelines19
3 . New Construction . . . .. 20
4 . Rehabilitation . . . . . . . . . . . . . . . . . . .. 22
5 . Open Spaces and Landscaping . . . . . . . 22
6 . Signs 22
7 . Utilities . . . . . . . . . . . . . . . . . . . . . . . . 22
8 . Incompatible Uses . . . . . . . . . . . . . . . . 23
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I .
INTRODUCTION
The Redevelopment Plan for the South Beach
Redevelopment Project , hereinafter referred to as "The South
P
Beach Redevelopment Plan" or "This Plan" consists of this
text of 43 pages, and two maps ( Exhibit A:. Project Boundary
and Layout Plan and Exhibit B: Property Retention , Rehabili-
tation and Acquisition Plan) .
Exhibit A: The Project Boundary and Layout Plan
indicates the boundaries of the redevelopment project , the
proposed canal system and street layout and identifies the
p y
proposed development parcels. The boundaries of the redevel-
opment ment area are more specifically described in Section III ,
Boundary Description. Land uses, regulations and controls
are set forth in Section VI of this Plan.
Exhibit B: The Property Retention, Rehabilitation
and Acquisition Plan identifies properties proposed for
acquisition, properties with structures proposed for rehabili-
tation, and properties with structures proposed to be
retained .
An Illustrative Development Plan (Exhibit C) and a
table , Illustrative Parcel Data (Exhibit D) are included
herein to generally indicate the configurations of development
CONTENTS
( Continued)
PAGE NO.
9 . Nondiscrimination and
Nonsegregation . . . . . . . . . . . . . . . . . 23
10 . Variations . . . . . . . . . . . . . . . . . . . . . . . . 23
11 . Construction of Public
Improvements. . . . . . . . . . . . . . . . . . . . 25
G. Arbitration26
H. Agency Certifications. . . . . . . . . . . . . 27
VII. PROJECT EXECUTION 28
A. Property Acquisition 28
1 . Acquisition of Real Property 28
2 . Acquisition of Personal
Property 30
B. Owner Participation 30
C. Rehabilitation 32
D. Cooperation with Public Bodies 32
E. Property Management. . . . . .. . . . . . . . . ... . . . 33 .
F. Relocation of Persons Displaced 33
G. Property Disposition and
Development . . . . . . . . . . . . . . . . . . . . . . . . 34
1 . Real Property Disposition
and Development. . . . . . . . . . . . . . . . . 34
( a) General . . . . . . . . . . . . . . . . . . . . . . 34
( b) Purchase and Development
Documents . . . . . . . . . . . . . . . . . . . 35
( c) Obligation to be Imposed
on Redevelopers 35
H. Subsidized Housing . . . . . . . . . . . . . . . . . . . . 36
I . Business Tenant and Owner Preferences 37
( ii)
CONTENTS
( Continued)
PAGE NO.
VIII . METHODS FOR FINANCING THE PROJECT 38
A. General Description of the
Proposed Financing Method . . . . . . . . , , 38
B . Loans and Grants 39
C. Estimate of Costs . . . . . . . . . 39
IX. ACTIONS BY THE CITY 40
X. ENFORCEMENT 43
XI . DURATION OF THIS PLAN 43
XII . GRIEVANCE BOARD 44
XIII . PROCEDURE FOR CHANGES IN
APPROVED PLAN 45
XIV. RELOCATION SOCIAL ASSISTANCE
COMMITTEE 45
XV. SUBORDINATION OF PROPERTY 45
XVI . SEVERABILITY , . . . . . . . . . 46
XVII . A. NEIGHBORHOOD IMPACT STATEMENT 46
B. EXHIBITS 47
XVIII . COMPLETE STATEMENT OF THE PLAN 47
( iii )
parcels and the acreage and square footage of each development
y
parcel shown on Exhibit A.
Exhibit C is illustrative only . The final develop-
ment of the project area may substantially differ from the
development configuration shown on Exhibit C provided the
project satisfies the limitations and restrictions otherwise
set forth herein.
This Plan has been prepared by the Miami Beach
RedevelopmentAgency , Cityof Miami Beach , Florida, pursuant
to the Community Redevelopment ment Act of the State of Florida,
The Constitution
of the State of Florida, and all applicable
laws and local ordinances .
II .
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.
"City" City
B. means the of Miami Beach, Florida.
C. "County" means Dade County , Florida.
D. "Developer"" velo er" means the private investor/developer
group designated nated by the Agency to develop all private
improvements and to serve as the manager for the
planning ,, design and construction of all public improve-
ments in the Project Area.
2
, r
•
E. "General Plan" means the Miami Beach General Plan .
"Map" Pro • ect Boundary and Layout
F. Map means the �
Plan ( Exhibit A) ; the Property Retention, Rehabilitation
y
' B) ; and the Illustrative
and Ac
Acquisition Plan ( Exhibit 4
Development Plan ( Exhibit C) .
G. "Owner" means any individual or entity owning
real property" as defined herein.
H. "Person" means any individual , or any public or
private entity.
P
I . "Personal property"ert " means movable property,
chattels and other personalproperty erty not part of real
P
property defined below.
J . "Plan" means the South Beach Redevelopment Plan
as amended and restated .
ion" means the Planning
K. "Planning Commission"
' Miami Beach, Florida .
Commission of the City of
L. "Project Area" means the area included within
Redevelopment
boundaries of the South Beach Project.
"Project"" ct" means South Beach Redevelopment
Project.
� means land ; including land under
N. "Real Property
ert
water and waterfront property; buildings ; structures;
improvements and ients on the land ; property
n
connection with the land;
appurtenant to or used i
every estate , interest privilege ,rivile e , easement , franchise ,
din but not' limited to
and right in land , including
3
rights-of-way , terms for years , and liens , charges , or
wa
encumbrances
byof judgment, mortgage or otherwise
y
and
the indebtedness secured by such liens .
p
O.
"Redevelopment Law" means the Community
Redevelopment Law of the State of Florida, Code Section
163 . 330 et seq .
P. "State" means the State of Florida.
Q.
" Zoning Ordinance" means the Zoning
Ordinance of the City of Miami Beach, Florida, as
in effect on the date
on which the City Commission
of the City ty of Miami Beach adopts amendments thereto
to provide for development of the Project Area in
accordance with this Plan.
III .
BOUNDARY DESCRIPTION
The South
Beach Redevelopment Project Area hereinafter
,
called the "Project
Area, " is delineated on Exhibit A, and is
more particularly described as follows :
All that real property in the City of Miami Beach ,
P .
County of Dade, State of Florida, within thefol-
lowing described boundaries:
Northwesterly corner of LOT 2 , BLOCK 1 ,
Beginning at the North e Y
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 Easterlyalong
the Northerly line of said LOT 2
for a distance of 150 . 7 feet more or less to a point, said
point
beingthe Northeasterly corner of said LOT 2;
4
Thence continue along above mentioned course for a distance
of 50 feet more or less , across West Avenue , to the inter-
section 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 run Southerly 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 90' ;
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;
Thence continue alongabove 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 Southeasterlyat 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;
5
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 90' with the previous
course 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 .
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
uasi-publis 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
6
4
of the area and its attendant economic disuse and stagnation ,
y
the
lot layouts do not focus outwardly to the ocean or bay
of the rest of the City does much thereby retarding its
development .
The lack of early comprehensive planning plus the
generalaging a in 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.
These conditions contribute substantially and
increasingly to the problems of , and necessitate dispro-
Pportionate
ort ionate 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
7
to provide residential uses which will re-establish the
aesthetic, economic and social viability of the project
area .
Within this broad objective , the Agency intends
over a period of years to promote the redevelopment of the
Project Area by facilitating the immediate acquisition by
the Developer , pursuant to the limitations set forth in this
Plan, of the real property within the Project Area (other
than land designated for property retention and rehabilita-
tion) for new development purposes .
The Agency will monitor the construction of
the necessary public improvements to upgrade the physical ,
cultural , and economic character of the Project Area in
conjunction with the new development and the limited rehabil i-
tation of some existing structures which may remain pursuant
to this Plan.
The specific objectives of the Agency in promoting
and monitoring this redevelopment program are to:
1 . Provide the general framework within which
restoration of the economic and social health of the
Project Area and its environs will be accomplished by
private actions .
2. Assist in the suitable re-establishment of
businesses and institutions which will be displaced by
the project and provide housing opportunities for families
8
and single individuals , all to the extent required by the
relocation plan.
3 . Develop and enforce architectural controls and
guidelines and monitor development towards the production
of a satisfying environment while preserving and enhancing
the unique aesthetic and cultural qualities of the City .
4 . Stimulate and attract private investment in
accordance with the provisions of this Plan, 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 . Select the developer as defined in this Plan
through a competitive selection process. Said process shall
include the publication of a Notice of Request for Bids and
9
shall make available to interested bidders the Request for
Bids . The Request for Bids shall include the following provi-
sion, among others, which the Agency •
9 cy may determine:
rmi ne
a . Each bidder shall submit a specificP ro-
pos al indicating whether and , if so, t h e
extent to which such
bidder is prepared to reduce public costs through partial al or
total assumption of Agency obligations set forth in Section V,
paragraphs 6 and 7 of this Plan or through ass • '
fisting the Agency
infunding said obligations.
b. Each bidder maysubmit
other proposals to
assist the Agency in financing operation g or pera tion of the Project.
c. Each bidder shall submit a c •
s e
p �fic
proposal regarding the extent to which relocation benefits to
eligible apartment renters willprovided be provided at the time of
property acquisition through the purchase of bonds issued by
Agency .
2 . Establish a negotiatingteam •
for negotiating
a Purchase and Development Agreement with th the selected
Developer which shall include a representative p sentative or repre-
sentatives appointed by the CountyManager and City Manager.
3 . Facilitate and monitor the acquisition•
q ion by the
Developer of real propertyi n the Project ro�ect Area, includ-
ing acquisition bythe Agency gency for resale to the Developer,
by purchase, gift, devise, exchange, condemnation or
in
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any other lawful means under conditions set forth in
Section VII A herein.
4 . Facilitate and monitor the demolition, removal
or clearance of existing buildings , structures and
improvements and preparation of the Project its
� Area for i
intended USeS in accordance with
this Plan.
5 . Facilitate and monitor the rehabilitation,
tion,
alteration, modernization, general improvement mproveme nt or
combination thereof ( hereinafter called rehabi l '
station)
of certain existing structures as set forth in Section
VII herein.
6 . Relocate site occupants who qualify for assist-
ance under the Plan and who presentlyreside in
structures
which are acquired 'by the Agency pursuant to State
law
and as more particularly set forth in Section VII
herein . The Agency further proposes to extend relocation
ion
assistance to businesses and institutions to be displaced
p aced
bythe project project who qualify for assistance under the
Plan.
7. Install , construct or reconstruct
streets,
utilities, landscaping , public plazas, arks and recrea-
tional
ea-
tional facilities and areas, pedestr ianwa swaterways ys and
other necessary public improvements and facilities.
es.
8 . Disposition by sale ofro ert within
P P y the
Project Area to the Developer for uses in accord with
11
this Plan and with such other conditions and covenants
running with the land as are necessary to ensure
redevelopment in accord with this Plan and the preven-
tion of the recurrence of blight.
9 . 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 Project Area if
feasible.
10. Formulation and administration of guidelines
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 .
11 . Management of property acquired by Agency from
the time the Agency takes title to the property until
disposition of same in accord with this Plan.
VI .
LAND USES , REGULATIONS AND CONTROLS
The land uses of this Plan are consistent with and
conform to the Miami Beach General Plan.
A. Protect Boundary and Layout Plan
A map showing project boundaries and major circula-
tion routes within the Project Area is attached hereto as
12
Exhibit A. The Agency will monitor development to ensure
uses consistent with the Zoning Ordinance and the Minimum
Standards for Development set forth herein.
B. Overall Land Use Guidelines
1 . Multi-Use Commercial
The multi-use commercial areas shall be developed
for uses compatible with the overall objectives of the Plan
which may include ,
but shall not be limited to the following :
1 Transient and residential hotels , including
related facilities such as restaurants , retail shops , and
meeting rooms and convention facilities.
( 2 ) Retail shops .
( 3 ) Offices .
( 4 ) Entertainment and amusement facilities.
( 5) Eating
and drinkingestablishments , including
sidewalk cafes.
( 6) Recreational facilities.
7 Public and private clubs.
8 Marine dockage and marine-oriented commercial
establishments within a building .
(9 ) Dryboat storage ; boat repair and maintenance
facilities ;
marine fuel service facilities .
( 10) Cruise , char ter boat, and fishing boat
terminals and facilities.
13
4
( 1 1 ) Medical-dental facilities and personal
service establishments .
( 12 ) Parking .
2 . Residential
These are residential uses to be developed primarily
with apartments , condominiums , and single family residences
for permanent occupancy. Residential uses include the following :
( 1 ) Apartments , condominiums, and single family
residences .
( 2 ) Community facilities.
( 3 ) Marine dockage .
( 4 ) Private clubs .
( 5 ) Transient apartments and condominiums .
( 6 ) Educational and cultural facilities .
( 7 ) Institutional facilities.
( 8 ) Parking .
3. Public
These are public right-of-way, open space and
recreational uses , including :
( 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 community facilities .
14
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 overall goals set forth in this Plan. Specific f is areas
� have
been designated on Exhibit A for such purposes . However , open
space and public areas as well as any public buildings which
may be necessary in providing, public services are permitted
uses throughout the Project Area.
D. Streets and Rights-of-Way
Exhibit A delineates areas for public use , including
9 .
major new streets . Many existing streets will not be retained .
Streets within the Project Area may be relocated , 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 if all necessary governmental permits
and approvals are obtained . These public rights-of-way
Y
shall be used for vehicular , marine, pedestrian and/or p traffic
in accordance with this Plan as well as for public improvements,
P s,
public and private utilities, and activities typically YP y found in
public rights-of-way.
To further implement this Plan, the Agency is
9 Y
authorized to convey to the Developer development rights p g s and
permission for the construction of structures above , below,
and between public rights-of--way and public areas in such
locations as may be feasible , consistent with the ' '
objectives of
15 .
A 1
this Plan and as may be required to be approved by the City of
Miami Beach .
E. Tidal-Flushed Canals and Alternative
All infrastructure ( roads , parks , etc . ) shall
continue to be located in accordance with the Plan, includ-
ing the tidal-flushed canal system which is an integral part
of the design scheme. In order to proceed with redevelop-
ment, all permits must be secured since all infrastructure
components are interrelated . If all required permits for a
tidal-flushed canal system cannot be obtained and all
litigation and proceedings with respect thereto finally
resolved within such period of time as to permit the De-
veloper to plan and manage the design and construction of
the infrastructure in a commercially reasonable manner in
coordination with the construction of private improvements,
it may become necessary to provide for an alternative design
concept to replace the tidal-flushed canals . Accord ingl ,
in connection with the negotiation of the purchase and
development agreement , the Agency and the Developer shall
agree upon alternative concepts for redevelopment which
shall be implemented if the required permits for a tidal-
flushed
idal-flushed canal system are not so obtained .
F. 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
16
Plan except in conformance with the provisions of this Plan
and all applicable State and local laws in effect from time
to time . The Agency and the Developer shall consult and
cooperate in all aspects of redevelopment to ensure the
creation of an aesthetically pleasing and architecturally
harmonious environment . In monitoring new construction and
redevelopment within the Project Area, the Agency shall at all
times keep itself informed as to the pl ann 4 ric, and implementa-
tion of redevelopment .
1 . Standards for Development
The Standards for Development for new construction
and rehabilitation applicable to the Project Area are as
follows :
Development Standards
Land Uses Minimum Maximum
1 . Multi Use Commercial
a . Retail 233, 000 sq. ft_ 75% of the maximum
b. Office 31 , 250 sq . ft- business district FAR
and density permitted
under the existing
Zoning Ordinance.
c. Hotel 2, 900 units 6, 525 units
2 . Residential
a. Senior Citizen Sub-
sidized Housing* 750 units
b. Market Rate
Housing 452 units
TOTAL: 1 , 202 units 5, 411 units
*as described in Article VII H.
17
Any of the parcels shown on Exhibit A (other than
parcels F and H- 1 through H-4 which shall be developed for
public is uses ) may be developed with any one or more of the
land uses permitted by this Plan, provided that such develop-
ment is within the requirements of the Standards for Develop-
ment . Subject only to compliance with the foregoing Minimum
and Maximum Standards of Development , the development mix
within the Project Area will depend upon the Developer' s
response to market demand . The size , height and number of
buildings within the Project Area shall be limited in all
other respects by the Zoning Ordinance. Each parcel designated
for private development ( regardless of the type of commercial
or residential use ) shall be deemed zoned as a C-4 Business
District under the Zoning Ordinance and the development
limitations set forth in Section 6-10 of the Zoning Ordinance
shall apply to the development of each parcel . If the
parcel (or a portion thereof) is to be developed for re Lail
or office use , development of such parcel (or portion
thereof ) shall , in accordance with the Maximum Standards of
Development, be limited to 75% of the maximum ,FAR permitted
under Section 6-10 of the Zoning Ordinance.
The adoption of this Plan and the Zoning Ordinance
contemplated herein shall not constitute the issuance of a
development order or modification of the development order
previously issued by the City Commission with respect to the
18
Project . Prior to commencing any development which requires
9
a new development order or modification or amendments to a
previously issued development order, the Developer and the
Agency shall comply with therovi s ions of Section n 380 . 06 ,
Florida Statutes, to the extent applicable. The Agency 9 cY -
shall apply for and join in any application for modification
or amendment of the development order and shall otherwise
cooperate with and assist the Developer in complying with
said Section 380 . 06. In the event that the South h Florida
Regional Planning Council is abolished and no successor
entity is designated, Metropolitan Dade Countyshall
assume
the responsibilities imposed upon the South Florida Regional
Planning Council . •
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 monitor
plans for
new construction or rehabilitation for compliance with the
Standards for Development.
2. Architectural Guidelines
The Agency and Developer shall agree to and establish
9
revised Architectural Guidelines defining : architectural ectural and
landscape character; standards forra hics and signing;
g P 9 9,
traffic circulation and ingress/egress requirements; and any
other design and development objectives and controls
necessary
to implement this Plan. Said Guidelines shall be agreed to and
19
• established within the limits, restrictions, and controls
established in this Plan.
The Developer will prepare and the Agency , upon
agreement with the Developer will adopt, the revised Architec-
tural Guidelines and once adopted , the Developer and the Agency
9 Y
shall use said revised Guidelines, along with this Plan and the
Standards for Development contained herein, as the basis for
public or private development with the project.
3 . New Construction
Prior to commencement of any new construction,
a site plan for the improvement shall be submitted to. the
Agency. Each site plan shall contain or show all of the
information required by Paragraph A and Subparagraphs 1
through 14 of Paragraph A of Section 14-3 of the Zoning
•
Ordinance . The Agency shall review the site plan and , as a
condition to the issuance of a building permit, must approve
.the site plan and certify that the proposed improvement
complies with this Plan. The Agency shall grant such appy al
and make such certification where the design of the proposed
improvement is substantially in accordance with the Architectural
Guidelines.
Preliminary architectural drawings for each new
•
improvement must also be submitted to the Agency.. The Agency
shall review the drawings and, if the design of the proposed
improvement is substantially in accordance with the Architectural
Guidelines, the Agency shall approve the drawings and certify
20
that the design of the proposed improvement complies with this
Plan.
The Agency shall approve or disapprove each site
plan or set of drawings within ten days after submission
thereof and , in the case of disapproval , shall present its
reasons therefor and necessary corrective steps. Thereafter,
the Agency and the Developer shall consult and attempt to
resolve their differences, failing which either party may
invoke the arbitration provisions of Section VI F hereof . _
All new construction shall comply with all applic-
able
pplic-
able 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 and shall otherwise comply with
the Zoning Ordinance . Parking facilities shall be provided in
accordance with the criteria set forth in the Zoning Ordin-
ance. All parking shall be constructed 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 shall be adequately enclosed
or screened by walls, landscaping , or other such enclosure
consistent with applicable City ordinances.
21
4 . Rehabilitation
Any structure within the, Project Area which will
be retained asof art this this Plan shall not be repaired ,
altered, reconstructed,
or rehabilitated unless it is done
so in conformance with this his Plan and the Architectural
• Guidelines adopted by the Agency to assist in
the implementa-
tion
mplementa-
tion of this Plan.
5. Open Spaces and Land •
scapin9
The approximate
amount of open space to bero
P vlded
in the Project Area is
Set forth on Exhibit A and is
Included
as part of the goals and e
ob ' c '
� tives of this Plan. These areas
include, but are notlimi•
ted to, the total of all areas which
will be in pubic rights-of-way, open spaces,P s, the space around
buildings, and all other outdoor areas not permitted
through
applicable limits of land
area to be covered by buildings.
These areas will be a •
ppropriately landscaped tores
A en t an
aesthetic and pleasing apperance.pp ranee. Landscapingplans
for public
lands shall be required red
q to be submitted to the
Agency for
review.
6. Signs
Exterior signs necessary for the identification of
buildings and premises shall be permittedrovide
P d that they
comply with the Architectural •
Guidelines established
for the
Project Area.
7. Utilities
The Agency shallrequire 4 e that all utilities .
be placed underground including , but not limited
to, the
22
following : transformer vaults or pads , water meters and
valves, telephone pull boxes, manhole inlets and drain
facilities, and cable TV.
8 . 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 area or
structures shall be permitted in any part of the Project
Area.
9 . 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.
10 . Variations
The Agency is authorized to permit variations
from the limits, restrictions, and controls, including Maximum
Standards for Development, 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 pro-
visions of this Plan would result in unnecessary hardship
to the Developer or prohibit the Developer from obtaining
a reasonable market rate of return on its investment; or
b. There are exceptional circumstances or condi-
tions applicable to the property or to the intended
development of the property which do not apply generally
to other properties having the same standards, restric-
tions,
estric-tions, and controls; or
23
c . The configuration of parcels set forth on
Exhibit A may not be appropriate in light of changed
conditions .
If any such determination is made , the Agency must also
find that:
d . 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
e . Permitting a variation will not be contrary to
the objectives of this Plan.
If the Developer shall determine that the configuration
of parcels as set forth on Exhibit A may no longer be appropriate,
the Developer may request the Agency to approve a combination
or subdivision of parcels or portions thereof or any other
manner of relocation of parcel boundary lines. 'fie Agency
shall approve such request if the foregoing required determina-
tions have been made . In permitting any such variation, the
Agency shall impose such reasonable conditions as are necessary
to protect the public health , safety or welfare and to assure
compliance with the objectives of this Plan. If the Agency
shall deny any request for variation submitted by the Developer,
the parties shall attempt to resolve their differences, failing
which eitherart may invoke the arbitration provisions of
P Y
Section VI F hereof.
24
r •1 ,
11 . Construction of Public Improvements
The Agency shall appoint the Developer (or a
party selected by the Developer) to serve as manager for the
planning , design and construction of the infrastructure,
including the streets, canal system, sidewalks, utilities
and all other portions of the public improvements to be
developed in the Project Area. The Agency and the manager
shall agree to and establish technical and aesthetic cri-
teria ( the "Infrastructure Criteria" ) for the design and
construction of the public improvements and the preparation
of plans and specifications therefor. In addition, the
manager shall assist the Agency in the preparation of
requests for bid to select the contractors and subcon-
tractors who will design and construct the public improve-
ments.
mprove-ments. The Agency shall contract with the successful
bidders and the Agency and the manager shall supervise the
design and construction of the public improvements.
All public improvements shall comply with all
applicable laws and shall be constructed substantially in
accordance with architectural drawings and plans and speci-
fications
peci-fications prepared under the supervision of the manager and
approved by the Agency. The Agency shall approve all
drawings and plans where the design of the proposed improve-
ments is substantially in accordance with the Infrastructure
Criteria and the Architectural Guidelines. The Agency shall
9 Y
approve or disapprove all drawings and plans within twenty-
25
3 M
eight days atter submission thereof
and , in the case of
disapproval , shallresent its reasons ons therefor and neces-
sary corrective steps . Thereafter , the Agency g ncy and the
manager shall consult and attempt to resolve ve their dif-
ferences, failing which eithera invoke rtY may the pro-
visions
ro-
visions of Section VI G hereof .
e f .
G. Arbitration
The party desiring arbitration shall
give notice
to that effect to the other partyand '
shall in such notice
appoint a person as arbitrator on its behalf . Within five days
after such notice, the otherart
P y by notice to the original
party shall appoint a seconderson arbitrator as arbitrator on its
behalf . appointed The arbitrators thus a '
nted shall appoint a third
person, and such three arbitrators shall determine etermine such matter
within fifteen days of theoriginal
notice . However, if the
two arbitrators are unable to agree, within five days after ter the
appointment of the second arbitrator, upon •
p the appointment of a
third arbitrator, they shall give written notice ce to the parties
of such failure to agree,9 e, and , if the parties fail to agree
upon the selection of such third arbitrator within ten days
after the arbitrators appointed ppointed by the parties give notice as
aforesaid , then eitherart uponnotice Y to the other may
request such appointment by the American Arbitration Association
(or any organization successor thereto) ,, or in its absence,
refusal , failure or inability to act, may apply to any court
having jurisdiction for appointment •
pp ent of such arbitrator. Such
26
appointment shall be made within
ten days of request and a
hearing shall be held within ten days from that date .
Each arbitrator shall be a fit and impartial
al
person, provided , however , that noerso
P n shall be qualified to
act as an arbitrator hereunder who o shall have a past , continuing
or proposed business affiliation with
the Agency or the Developer.
The arbitration shall be conducted , to the extent
consistent with this Plan, in accordance with the then prevailing
rules of the American Arbitration •
Association (or any successor
organization ) . The arbitrators i trators shall hear all evidence
regarding
the matter in dispute and in a •
rriving at their decision shall
seek to achieve the redevelopment P objectives of the Architectural
Guidelines and this Plan consistentwith with then existing market
realities and the practical management of project costs and
development. The arbitrators ors shall render their decision in
writing , upon the concurrence of at least two of their number,
within twenty-one days after _
y the appointment of the third
arbitrator . Such decision shall be final and conclusive
and
counterpart copies thereof shall be delivered'
vered to each of the
parties.
H. Agency Certifications
In order to assist the Developer in the con-
struction of the private improvements P ments and in obtaining the
necessary financing therefor , the Agency g ncy shall certify to the
Developer ( and any proposed lender , co-venturer , title
insurance company or other party designated bythe
Developer)
27
whether or not a specific improvement is or , upon completion
pletion
of construction in accordance with the plans therefor , will
be in conformity with this Plan . If the Agency shall deter-
mine that the improvement i s not or will l not be i
n conformity
with this Plan , the Agency shall specify in its response nse the
particular respects in which the improvement p (or site plan or
drawings therefor) is deemed deficient , and , if the Developer
shall dispute such determination, the Developer may invoke
the arbitration provisions of Section VI F. hereof . The
Agency shall deliver such certifications from time to time
promptly following the Developer ' s re request therefor .
q
VII .
PROJECT EXECUTION
The redevelopment of the South Beach Redevelopment
p ent
Project will be undertaken in accordance with provisions
rovisions
of the Florida Community Redevelopment Act . The Agency 9 Y ma Y
utilize any and all methods of achievingthe redevelopment
of the Project Area as authorized bylaw and specifically
more specifically
proposes to strive for economic revitalization and beautifica-
tion within the Project Area -
bY•
A. Property Acquisition'
1 . Acquisition of Real Property
The Agency proposes that all of the land , real
property
and interests in land within the Project Area will be
acquired
by the Developer except for thosearcels specifically desig-
nated
p ally desig-
nated to be retained or which may be rehabilitatedP ursuant to
28
'owner participation agreements entered into and carried out by
owners of property as set forth in Section VII herein .
Property proposed to be acquired for clearance and redevelop-
ment is shown as "Properties Proposed for Acquisition" on
Exhibit B: Property Retention , Rehabi l i tat ion ,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.
Properties with structures designated as proposed
for rehabilitation may be acquired by the Agency for transfer
to the Developer if owners do not enter into and carry out
owner participation agreements . Additionally , the Agency
may acquire for transfer to the Developer any property with
structures proposed for rehabilitation if the Agency deter-
mines 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 disposi-
tion
isposi-
tion 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,
Y
but is not required to, acquire or obtain options to acquire
P
all real property located in the Project Area, by gift , devise ,
exchange, purchase , eminent domain or any other lawful method
whatsoever.
29
The Agency will not acquire real property owned by
the United States , the State or any political subdivision thereof
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 necessary to accomplish the overall goals
of the redevelopment plan .
B. Owner Participation
To the extent compatible with the purposes of this
Plan and appropriate redevelopment of 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
promulgated 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 ( 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, as revised to conform with this
Amended and Restated Plan . Standards for rehabilitation
30
t f
will be set forth in such 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 Rehabilitation" . Upon said determination, the
property will no longer be eligible for rehabilitation and
the Agency may acquire the property from the owner .
Owner participation necessarily will be subject
to and limited by such factors as the nature, condition, and
use of 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
construction 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 redevelopment 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 compli-
31
e a
ance 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 partici-
pant in accordance. with the provisions of said ag rgement and
thereafter sell said property for redevelopment in accordance
with this Plan.
C. Rehabilitation
If a property designated for rehabilitation is not
to be restored pursuant to an Owner Participation Agreement ,
the Developer may elect to rehabilitate, remodel , alter,
restore, repair , or otherwise improve such property in a manner
consistent with this Plan or, in the alternative , may otherwise
develop such property in accordance with this Plan.
As necessary in carrying out this Plan, the
Agency is authorized to move or to cause to be moved any
building or other structure to a location within or outside
the Project Area.
D. 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 .
32
1 1
• The Aggf'ncy 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 coopera-
tion of all public bodies which own propertyinthe Pro '
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 properti in the
project area will be afforded all the privileges of owner
participation if such public body is willing to enter into a
participation agreement with the Agency.
E. 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 and devoted to the purposes of this
Plan.
F. Relocation of Persons Displaced
Relocation of persons and businesses is anticipated.
When undertaken, the Revised Relocation Plan for the South
Beach Redevelopment Project , Miami Beach , Florida March 2 ,
1977 , adopted by the City of Miami Beach Commission by Resolu-
tion #77-15283 March 2 , 1977 , and incorporating amendments
approved by Resolution # 77-15283, March 2 , 1977, #77-15291
amended March 30 , 1977 , and # 79-15886 April 25, 1979 , and the
Revised Resolution governing Relocation Payments for the South
33
4 4
Beach Redevelopment Project , Miami Beach , Florida as approved
by the City Commission on April 25 , 1979 , which are hereby
incorporated and made a part hereof , shall apply 1 to persons
ersons
eligible in accordance with the terms thereof . Such Plan and
Resolution shall apply whether the land is acquired by the
Agency or the Developer.
G. Property Disposition and Development
1 . Real Property Disposition and Development
( a ) General
The Agency is hereby authorized to sell , lease,
exchange , subdivide , transfer, assign, pledge, encumber by
mortgage . or deed of trust, or otherwise dispose of any and all
interests in real property within the Project Area either
presently held or to be acquired in the future.
To the extent permitted by law , the Agency is author-
ized to dispose of real propertybynegotiated leases
9 or sales.
All real property acquired byAgency the in the
Project Area shall be sold or leased for development for
fair value in accordance with the uses permitted in this
Plan.
The Agency shall reserve such powers and controls
through purchase and development documents to prevent the
transfer of property for speculative purposes byrequiring
g 9
the Developer to retain an interest in eachP
or arcel portion
P
thereof until such time as construction of the respective
improvement on such parcel or portion thereof shall have been
substantially completed .
34
( b) Purchase and Development Documents
To provide adequate safeguards to insure that the
provisions of this Plan will be carried out and to prevent
tie recurrence of blight, all real eal property sold, leased or
qtherwise conveyed by the Agency, as well ell as all property
apbject to owner participation P agreements, shall be made
gubject to the provisions of this Plan
by leases, deeds ,
contracts, agreements, covenants or declarations of
restrictions.
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 propertyin the
Project Area.
( c) Obligation to be Imposed on
P Redevelopers
( 1 ) The Developer and anyof its
purchasers or
lessees, and all owner participants •
P of land within the
Project Area, shall be required red •
9 to develop such land in
accordance with therovi s ions
P of this Plan.
( 2 ) The Developer and all ownerar '
p ticlpants shall
retain an interest in each parcel oro
p rt ion thereof until
such time as construction of the respective
improvement on
such parcel or portion thereof shall have been substantially
completed . No building , sign or structure shall be
constructed upon any part of such land unlessarchitectural
architectural
plans and specifications, showing bowing the nature of such
construction, parking , loading , surface sue treatment and
•
35
landscapi.ng , the location and orientation of structure( s)
•
on the building site and, when requested ,9 ested , the grading
plans for tr1e buildingsite to
be build upon, shall have
been submitted to, reviewed and
cert if ied in writing by
the Agency in accordance '
with Section VI hereof.
H. Subsidized Housing
The Agency shall develop ( b
Y use of proceeds of
bond financing or other financing g method) and/or cause to be
developed ( by the Developer or other qualified person( s) )
within the Project Area an aggregate r
gg egate of 750 units of housing
for low and moderate income elderly persons ( "Senior
citizens" ) . Senior Citizens residing i n the Project Area at
the time of relocation
who are entitled to rental subsidies
under the Relocation Plan and the Rules es and Regulations govern-
ing relocation payments ( "Eligible
Senior Citizens" ) shall be
given priority over other
Senior Citizens in the renting of
9
such units. Any units not rented to Eligible El iSenior Citizens
will be made available to •
Senior Citizens. Any units not
rented to Eligible Senior Citizens or Senior Citizens will be
made available to theub '
p lic at large .
The Agency shall develop and/or cause to be developed
150 of such units as aro ' ct
P � priority. The Agency shall
conduct a survey to determine the number of Eligible Senior
Citizens currentlyresiding ng wl thin the Project Area. There-
after, based upon aj roect
P ed relocation timetable,, the Agency
n
9 cy
and the Developer shall agree 9 upon a schedule for the planning
and construction of the remainder of such units; provided that
36
4 .
in al 1 events the total of 750 unit!; will 1 1 completed e ted
� priorto
the completion of the Project as a whole .
It is the desire of the Agency to obtain rental
• subsidies for the renting of all such units as housingfor low
ow
and moderate income Senior Citizens. The Request for Bids
shall require bidders to submit a specificro osal stating
P
whether, and if so, to what extentbe
( yond the requirements of
the Relocation Plan) such bidder will make available '
subsidies
to such persons.
I . Business Tenant and Owner Preferences
The Agency and the Developer will agree to and
establish a procedure to provide that existingproperty
P P Y
owners, business owners and business tenants within the
project area be given a preference for re-entryinto business
s mess
within the redeveloped project arearovided the' business "
P �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
and is equally qualified with non-residents being g considered
for comparable businesses.
The Agency and the Developer will agree to and
establish a procedure to provide that a property owner, in
the project area may , if practical , contribute his or her
property in exchange for an equity interest in specified
37
parcels ( either alone or with other property owners) provided
that the extent of such owner ' s interest in such specified
parcel shall be equal to the value of the property being
contributed divided by the value of the specified parcel plus
the total cost of development of such specified parcel
including the costs of infrastructure and other public costs
attributable thereto .
VIII .
METHODS FOR FINANCING THE PROJECT
A. General Description of the Proposed Financing Method
Upon adoption of this Plan by the City Commission,
the Agency is authorized to finance this project with
financial assistance from the City of Miami Beach , State of
Florida, Dade County or the Federal Government and by the
sale of Agency notes and bonds ( including tax increment
bonds) , either publicly or privately.
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 administra-
tion have come from the Department of Housing and Urban
Development ' s Community Development Block Grant Funds and
38
this resource maybe utilized in the future . There will .
e accruing be some r ev e n u to the project from interest
earned on investments of Agency funds .
The Agency
is herebyauthorized to obtain advances,
borrow funds and create indebtedness and other obligations
in carrying
out this Plan. The principal and interest on
such advances , funds ,
indebtedness and other obligations
may be paid from any funds available to the Agency.
The Agency
is authorized to make such pledges as
to specific advances , loans, indebtedness , and other obliga-
tions
bliga-tions as appropriate ,ro riate , 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 land acquisi-
tion, demolition, site preparation, construction of public
improvements and relocation of persons and businesses to be
undertaken pursuant to this
Plan will be $300 , 000 ,000 .
It is
presentlyanticipated that Federal and/or
' maybe utilized in the implementa-
tionfinancial assistance
• redevelopment program to the extent they are or
tion of the redevel p p 9
will become available. The repayment of costs of project
activities ( including ,includ in , without limitation, costs of reloca-
tion ofpersons ersons and businesses in accordance with the
39
relocation rules and regulations adopted hereunder ) may 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 .
IX.
ACTIONS BY THE CITY
The City shall aid and cooperate with the Agency and
the Developer 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 Develop-
ment
P
ment 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.
40
•
2 . Initiation and completion of proceedings
for opening , closing , vacating , widening , or changing
the grades of streets , alleys , and other public rights-
of-way ,
ights-
of-waY , and for other necessary modifications of the
streets , the street layout , and other public rights-of-
way in the project area.
3 . Initiation and completion of proceedings
necessary for changes and improvements in publicly
owned public utilities within or affecting the project .
B. Provision for administrative enforcement of
this Plan by 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 the Project Area throughout the
duration of this Plan .
C . The City shall authorize , immediately follow-
ing approval of this 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 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 development sical develo ment normally rendered in accordance with a
schedule which will permit the redevelopment of the Project
41
A Y
Area, to be commenced and carried ied to completion without unneces-
shall perform all functions and services
nary delay . The City
safety relating to public health and s Y so as to further the
redevelopment of the Project Area.
E. As relates to the zoning and rezoning powers
of the City applicable
to redevelopment in accordance with
F.S. and elsewhere in the
the provisions of 153 . 360 ( 11 )
City Charter and Ordinances of the of Miami Beach, the
City Commission has found , determined and resolved as
follows :
( 1 ) The Commission having approved this Amended
and Restated Redevelopment ment Plan restates its commitment to
the
successful implementation of the Plan.
( 2) Exceptas provided rovided for in the Plan itself ,
there shall be no variation' on or modification of the Plan
without Commission approval .
( 3) In order to provide a workable procedure
whereby the City
Commission may retain the power to
approve zoning i n the Project' ect Area, but which will allow
for implementation ion bY the Miami Beach Redevelopment
Agency, an ordinance
shall be adopted which will provide
•
which the Agency may implement- the
for the procedures by 9
Redevelopment Plan .
42
� k
X.
ENFORCEMENT
'
After development , the administrative enforcement
implementing
this Plan or other documents implementing this Plan shall
performed by the City or the Agency.
be
The provisions of this Plan or other documents
entered into pursuant to this Plan may also be enforced by
court litigation instituted by either they the Agency or the
include ,. Such remedies may l nc • but are not limited to,
specific performance , damages , 'in unctions or any other
�
• the purposes of this Plan. In
remedies appropriate l a to to p p
addition, any recorded provisions which are expressly for
rt
the benefit of owners of property in the Project Area may be
enforced by such owners.
XI .
DURATION OF THIS PLAN
for the nondiscrimination Exception and nonseg reg a t ion
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 up to 30 years from the date of adoption of
this
Plan bythe City Commission .
43
XII .
GRIEVANCE BOARD
Regarding the grievance procedure as set forth
inp aragraph XII of the Relocation Plan adopted hereby,
there is to be established a five member board to hear such
grievances , such board to be composed of a member of this
Commission , two members of the Agency, a member of the Miami
Beach Housing Authority and a representative of the Developer.
The terms of these members are to be staggered in the manner
to be set forth by this Commission .
Upon hearing a grievance , such board will render
its decision and forward it to the 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.
44
2
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.
This Commission retains the right to modify
the Community Redevelopment Plan as provided by Section
163. 361 Florida Statutes , a codified section of the
Community Redevelopment Act of 1969 , as amended . After the
sale to the Developer of real property within the Project Area,
any such modification shall be conditioned upon approval of the
Developer as provided in Section 163 . 361 .
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.
XV.
SUBORDINATION OF PROPERTY
In the event that any subordination of -real property
owned by the City of Miami Beach or the Redevelopment Agency
is permitted by the Constitution and laws of the State of
45
t «
Florida and subordination is considered or proposed by the
Redevelopment Agency , such proposal shall be submitted to
the City Commission for ratification or otherwise , and no
subordination9
a reement shall be valid without ratification
by the City Commission .
XVI .
SEVERABILITY
If any provision, section, subsection , sentence,
clause orP hrase 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.
• XVII .
NEIGHBORHOOD IMPACT STATEMENT
A. Subsequent to the initial adoption of this Plan, the
Agency undertook a complete analysis of the impact of the
Aro ' ect upon the residents of the Project Area and the surround-
ing 1? � P areas, in terms of relocation, traffic circulation, environ-
mental 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
asP ursuant to Resolution No. 79-15828 of the City Commission
46
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. Exhibits : See attached Exhibits A through D.
XVIII .
COMPLETE STATEMENT OF THE PLAN
This document amends and restates the Plan in its
entirety and supersedes all previous formulations , modifications,
revisions and other statements of the Plan.
47
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Illustrative Development Plan
<-----i.
EXHIBIT C
) P:XH 1B1 1 D.
r
ILLUSTRATIVE PARCEL DATA
DEVELOPMENT PARCELS( 1 )
Parcel Designation Parcel Area( 2)
Acres Sq. ft .
A 11 .0 479 ,000
B 2 .9 90 ,000
C 2. 2 95 , 800
D 6 .4 277 ,000
E 1 2 .6 113 , 700
2 7 .7 336 ,900
3 3 .7 160 , 000
SUBTOTAL OF E 14 .0 610 ,600
F 13.0 566 , 300
1 4 . 5 194 , 700
2 3 . 8 165 , 528
SUBTOTAL OF G 8 . 3 360 , 228
H 1 10 . 1 438 , 600
2 15 . 1 658 ,400
3 17 .9 782 , 000
4 9 . 5 415 , 800
SUBTOTAL OF H 52 .6 2 , 294 , 800
1 3 .7 159 , 800
J 2 .8 124 , 100
K 4 .6 198 , 600
L 11 .7 510 ,700
M 0.4 19 ,600
N 3 .9 171', 200
0 2 . 5 99 , 300
P 1 .0 43 ,600
Q 1 2 .6 112 ,900
2 0 .6 25 ,600
3 .0.6 25 ,600
SUBTOTAL OF Q 3 .8 164 , 100
R 1 4 .0 175 , 100
2 0 .6 25 ,600
SUBTOTAL OF R 4.6 200,700
S 1 . 5 64 ,200
T 1 .2 52, 534
U 5 .0 217 ,800
V 5.8 250,906
W 2 .6 114 , 000
X 2 .6 114 ,000
Y 4 .3 186 ,000
Z 1 2 .7 117 ,400
2 5 .3 232 ,000
3 7 .6 331 , 100
4 2 .6 112 , 200
SUBTOTAL OF Z 18 .2 792 ,700
GRAND TOTAL 189.6 8 , 232 , 100
( 1 )
This data is unchanged from the 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 .
• s ,
1
'!� certified copyof the Amended and Restated Redevelopment Plan
Trite is a
for the South Beach Redevelopment Project, Miami Beach, Florida dated
February 16,
1982 including amendments adopted on April 30, 1982 .
(///--
i
--,L,..e (
Gl•eon Ke le . ann May 25, 1982