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Home My WebLink AboutO-13928City of Miami f Legislation Ordinance: 13928 File Number: 7186 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/8/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE I OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PLANNING AND ZONING/IN GENERAL;" MORE SPECIFICALLY, BY ADDING SECTION 62-2.2, TITLED "INDEPENDENT FEASIBILITY AND ECONOMIC IMPACT STUDIES," TO REQUIRE INDEPENDENT FEASIBILITY AND ECONOMIC IMPACT STUDIES BY THE CITY OF MIAMI FOR CERTAIN NEW DEVELOPMENTS; CREATING A POOL OF QUALIFIED, INDEPENDENT PROVIDERS TO CONDUCT SAID STUDIES THAT ARE SELECTED ON A COMPETITIVE BASIS AS PROVIDED HEREIN; PROVIDING THAT THE COST OF THE INDEPENDENT FEASIBILITY AND ECONOMIC IMPACT STUDY BE BORNE BY THE APPLICANT REQUIRING SAID STUDY; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo, Commissioner Manolo Reyes WHEREAS, the City of Miami ("City") has had many large developments in the recent past and continues to see such developments; and WHEREAS, feasibility studies and economic impact studies for large developments are needed to preserve the health, safety, and general welfare of the City's residents; and WHEREAS, the City Commission finds and determines that independent feasibility studies and economic impact studies are necessary and preferable to those studies provided by applicants as they provide a fully objective perspective; and WHEREAS, the City Commission desires to instruct the City Manager to select a pool of qualified, independent providers to perform such feasibility and economic impact studies for new large developments pursuant to the City's procurement procedures established in Chapter 18 of the Code of the City of Miami, Florida, as amended ("City Code"), before the effective date of this Ordinance; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the City Code for the purposes stated herein and to objectively evaluate the impacts created by certain new large developments; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the City Code as stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and finding contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. City of Miami Page 1 of 4 File ID: 7186 (Revision: A) Printed On: 111612020 File ID: 7186 Enactment Number: 13928 Section 2. Chapter 62/Article I of the City Code is hereby amended as follows:I "CHAPTER 62 PLANNING AND ZONING ARTICLE I. IN GENERAL Sec. 62-2.2. Independent Feasibilitv and Economic Imaact Studies. The City requires independent feasibility studies and economic impact studies performed by qualified independent providers registered and approved pursuant to the City Code and as indicated in this Section. For developments that exceed 200,000 square feet of gross floor area and require a development order or permit not conferred by -right (including but not limited to Waivers, Warrants, Exceptions, Variances, Special Area Plans, Special Certificates of Appropriateness/ Approval), the City requires the applicant to provide an independent economic impact analysis that examines both positive and negative impacts as described herein. Such economic impact analysis shall be performed by an independent provider determined to be qualified by the City, pursuant to this Section of the City Code. The analysis, at a minimum, shall analyze direct, indirect, and induced labor income and economic output using a recognized platform approved by the City: total value added, including personal wages and/or mobs, business revenues, and profits, if specified and as requested; fiscal benefits to the City, County, and other local taxing authorities; and service costs of the development to the City. Developments that exceed 200,000 square feet of gross floor area shall comply with this Section of the City Code before any development order or permit, as described herein, is issued. The analysis will measure how much the new development will absorb newly created demand rather than displace activity from existing businesses. If the analysis comes back unsatisfactory, the City's Administration shall work with the applicant on the addressing the issues and, if not resolved, the City's Administration shall refer the matter to the City Commission to be heard for direction within sixty (60) days of referral, which may result in a denial or modification of the development permit or order, as described herein. The requirement for an independent economic analysis shall be waived for governmental entities and agencies. For developments that exceed 200,000 square feet of gross floor area, are on City - owned property, and require a development order or permit not conferred by -right (including but not limited to Waivers, Warrants, Exceptions, Variances, Special Area Plans, Special Certificates of Appropriateness/Approval), the City requires an independent feasibility study to Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 4 File ID: 7186 (Revision: A) Printed on: 111612020 File ID: 7186 Enactment Number: 13928 understand the value to the City of developing the site, including both positive and negative impacts as described herein. Such feasibility study shall be performed by an independent provider pursuant to this Section of the City Code and in accordance with applicable laws and regulations. The feasibility study shall include, at a minimum, an evaluation of the highest and best use of the property, the expected pricing or rents, absorption pace if developed over the next thirty-six (36) months, and the cost of operation. In addition, an independent opinion on construction and development costs must be submitted by the developer. Compliance with this Section is required before any development order or permit, as described herein, is issued. If the study comes back unsatisfactory, the City's Administration shall work with the applicant on the addressing the issues and, if not resolved, the City's Administration shall refer the matter to the City Commission to be heard for direction within sixty (60) days of referral, which may result in a denial or modification of the development permit or order, as described herein. The feasibilitv studv reauirement may be waived by a 4/5 vote of the Citv Commission. The City Manager shall create a pool of qualified providers to conduct independent feasibility studies and economic impact analyses. The pool of providers shall be established through a competitive process which shall include pricing, when appropriate, pursuant to the City's procurement procedures as established by Chapter 18, Article III, Section 18-86 and subsequent approval by the City Commission. The City Manager will assign such independent feasibility studies and economic impact studies to members of the pool of providers on a rotating basis. All expenses incurred in the undertaking and conducting of the independent feasibility studies and economic impact studies shall be borne solely by the applicant of the proposed development. Prior to commencing a study, the applicant shall pay to the City an amount equal to one hundred percent (100%) of the estimated expenses for the services of the provider set to perform the independent study. The applicant shall satisfy any amount over and above the provider's estimated expenses prior to the issuance of the final report and the issuance of any development permit or order. No development permit or order shall be issued on the development or any other property requested by the applicant until full payment is received and has cleared *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. The City Manager is hereby directed to expedite the procurement process for the providers as established in this Ordinance. Section 5. This Ordinance shall become effective one -hundred fifty (150) days after final reading and adoption thereof. This Ordinance shall not apply to applications deemed complete prior to the effective date of this Ordinance.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 4 File ID: 7186 (Revision: A) Printed on: 111612020 File ID: 7186 Enactment Number: 13928 APPROVED AS TO FORM AND CORRECTNESS: 1 ria i dez, C oty Attor iey 3/1612020 City of Miami Page 4 of 4 File ID: 7186 (Revision: A) Printed on: 111612020