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HomeMy WebLinkAboutO-12311J-02-1106 12/12/02 12 311 ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT FEES, IN GENERAL," TO MODIFY THE RANGE AND PERCENTAGE NUMBER OF UNITS REQUIRED FOR THE LIMITED EXEMPTION PERMITTED FOR CERTAIN RESIDENTIAL PROJECTS IN THE DOWNTOWN AREA; MORE PARTICULARLY BY AMENDING SECTIONS 13-2 AND 13-6 OF THE CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has determined -that it is necessary to provide additional and appropriate incentives to assure that its goal to create a livable Downtown as provided in the 1989 Downtown Miami Master Plan is reached; and WHEREAS, it has been determined that a suitable inducement to spur residential development Downtown is an exemption for a limited number of pioneering development projects from the imposition of the City's Development Impact Fee and the administrative portion of the Downtown Development Supplemental Fee as required by the City Code; and WHEREAS, on November 19, 2002, the City Commission adopted Ordinance No. 12295, to, among other things, establish an 12311 exemption for market rate residential development valued for purchase by middle income persons; and WHEREAS, it was subsequently determined that the present condition of local and national financial markets and interest rates is such that a broader range of value in residential units can be acquired by the targeted group - middle income home- buyers; and WHEREAS, the City Administration recommends that the related City Code provisions be amended to modify the eligibility requirements for the Downtown Residential Impact Fee Exemption as follows: the upper limit for the value of units be extended from 290% to 300% of the median value of owner -occupied dwelling units in Miami as per the 2000 United States Census, and that the required percentage of units be changed from 80% to 70%; and WHEREAS, because such exemption is to be permitted only for the first three of such projects, it will not negatively impact the financial health of the City and its ability to provide municipal services to its residents and visitors; and WHEREAS, such incentive is still expected to facilitate the financing of such pioneering projects, thus providing a track record of performance to be established and paving the way for similar future projects; Page 2 of 6 12 311 0 - 6 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 13, Article I., of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:l� "Chapter 13 DEVELOPMENT IMPACT FEES ARTICLE I. IN GENERAL Sec. 13-2. Findings. (b) The city commission hereby finds and declares that the impact fee imposed herein upon all new nonresidential and new residential development as further described below, in order to finance specified public facilities, the demand for which is uniquely created by such new development; is in the best interest of the city and its residents, is equitable, and does not impose an unfair burden on such development. Specifically exempted from such imposition and payment of impact fees are: * * * * * * * * * * * 1� 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. Page 3 of 6 12311 0 .0 (8) As of the effective date of this ordinance, the first three residential projects that include 201 or more units of multiple family, owner -occupied housing valued for purchase by middle-income families located within the downtown central business district, for which a building permit for construction, not merely for demolition or foundation work, is issued by the city. no later than December 31, 2005. For the purposes of this section, at least $-8 700 of the units in such development shall be priced for purchase at a value not less than 121% and not more than 2-94 300% of the median value of owner -occupied dwelling units in Miami as listed in the 2000 U.S. Census. Eligible projects are not precluded from containing other uses such as office or retail; however, the exemption shall apply only to the residential portion of such projects. In the case of projects to be constructed in phases, the exemption shall apply only to the portion(s) of the project for which the specified building permit is issued prior to December 31, 2005. Sec. 13-6. Applicability of impact fee. This chapter shall be uniformly applicable to all new development, exclusive of single-family, city - owned or -operated facilities and certain other development as specifically defined herein. Specifically exempted from such imposition and payment of said impact fees are: * * * * * * * * * * * (8) As of the effective date of this ordinance, the first three residential development projects that include 201 or more units of multiple family, owner -occupied housing valued for purchase by middle-income families located within the downtown central business district, for which a building Page 4 of 6 12 311 permit for construction, not merely for demolition or foundation work, is issued by the city no later than December 31, 2005. For the purposes of this section, at least -84 70% of the units in such development shall be priced for purchase at a value not less than 121% and not more than 2-9$ 300% of the median value of owner -occupied dwelling units in Miami as listed in the 2000 U.S. Census. Eligible projects are not precluded from containing other uses such as office or retail; however, the exemption shall apply only to the residential portion of such projects. In the case of projects to be constructed in phases, the exemption shall apply only to the portion(s) of the project for which the specified building permit is issued prior to December 31, 2005. * * * * * * * * * * *if Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance is declared to be an emergency measure on the grounds that of urgent public need for the preservation of peace, health, safety, and property of the City of Miami, and upon the further grounds of the necessity to generally carry on the functions and duties of municipal affairs. Page 5 of 6 12311 Section 7. The requirement of reading this Ordinance on two separate days is dispensed with by an affirmative vote of not less that four-fifths of the members of the Commission. Section 8. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED BY TITLE ONLY this 12th day of December , 2002. ATTEST: PRISCILLA A. THOMPSON CITY CLERK APPR0VE1 ,a0S F0RM,.fAND CORRECTNESS :�� W'ANDRO VILARELLO TY ATTORNEY W1404:DJ:BSS If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. Page 6 of 6 12311