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HomeMy WebLinkAboutO-10465J-88-603 7/21/88 Southeast Overtown/ Park West ORDINANCE NO. I.0465 AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA, CREATING A NEW CHAPTER 13.B OF THE CITY CODE IMPOSING A "SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT SUPPLEMENTAL FEE" NECESSARY TO ACCOMMODATE THE REGIONAL IMPACTS OF NEW SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT; SETTING FORTH FINDINGS AND INTENT; PROVIDING THE AUTHORITY THEREFOR.; PROVIDING DEFINITIONS; PROVIDING FOR IMPOSITION AND PAYMENT OF FEES; PROVIDING FOR DETERMINATION OF FEES; PROVIDING A PROCEDURE FOR CALCULATION OF FEES; PROVIDING FOR ADMINISTRATION OF FEES; PROVIDING FOR BONDING FEE -RELATED PROJECTS; PROVIDING APPELLATE PROCEDURES; AND PROVIDING EFFECT AND RELATIONSHIP TO OTHER FEES. WHEREAS, the City of Miami has an adopted policy to promote new development within the Southeast Overtown/Park West Community Redevelopment Area, and WHEREAS, new development will place ever-increasing demands on the Regional Infrastructure of the City to accommodate the development; and WHEREAS, on February 6, 1987, the City of Miami submitted a complete Application for Development Approval for a Development of Regional Impact to the South Florida Regional Planning Council, the Florida Department of Community Affairs, and the City of Miami pursuant to F.S. 380.06 (1987), for the ongoing development through the year 2007 for the area designated in 1982 by City Commission Resolution No. 82-755, as the Southeast Overtown/Park West Community Redevelopment Area, herein described as the Project Area; and WHEREAS, the Miami Planning Advisory Board, at its meeting held on February 3, 1988, following an advertised public hearing, adopted Resolution No. 12-88 by a 8 to 0 vote, recommending approval of the Master Development and Increment I Orders for Southeast Overtown/Park West; and ATTACH lErUIT ELO Ev" u•,R WHEREAS, on February 11, 1988, the City Commission conducted a public hearing pursuant to F.S. 380.06 (1987); and WHEREAS, the City Commission considered the Application for Development Approval, the report and recommendations of the South Florida Regional Planning Council, and each element required to be considered by F.S. 380.06 (1987); and WHEREAS, the City Commission determined that all requirements of notice and other legal requirements for the issuance of the proposed Master and Increment I Development Orders had been complied with; and WHEREAS, the City Commission deemed it advisable and in the best interest of the general welfare of the City of Miami to issue a Master Development Order and an Increment I Development Order on February 11, 1988, by resolutions numbered 88-110 and 88-111; and WHEREAS, the effective date of the Master and Increment I Development Orders is June 14, 1988; and WHEREAS, the City Commission after careful consideration of the matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to adopt this Ordinance as hereinafter set forth. WHEREAS, the provision of affordable housing to the residents of the City of miami is of great concern to the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Code of the City of Miami, Florida, is hereby amended by adding thereto a new Chapter 13.B to read as follows: "CHAPTER 13.B CITY OF MIAMI SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT SUPPLEMENTAL FEE ORDINANCE Sec. 13.B-1. Short Title. This Ordinance shall be known and cited as the "City of Miami Southeast Overtown/Park West Development Supplemental Fee Ordinance." - 2- 104r5 Sec. 13.B-2. Intent. This Ordinance is intended to impose the "Southeast Overtown/Park West Development Supplemental Fee" as a supplemental fee on New Development within the Southeast Overtown/Park West Project Area, utilizing the defined terms in Sec. 13.B-6, below. The Southeast Overtown/Park West Development Supplemental Fee is comprised of four components including a Transportation Mitigation Fee, an Air Quality Fee, a DRI/Master Plan Recovery Fee and an Administration Fee. The Southeast Overtown Park West Development Supplemental Fee is payable prior to the time of building permit issuance or upon approval of certain permits, as provided for herein, in an amount based upon the appropriate units of land use, in order to mitigate the impacts of the proposed development in the Project Area as described in Exhibit #1, since the demand for the mitigation is uniquely attributable to such New Development and Net New Development on an area wide basis. This Ordinance shall be uniformly applicable to all New Development and Net New Development within the Project Area. However, certain fees applicable to affordable housing, as defined herein, shall be borne by the City of Miami through the Southeast Overtown/Park West Community Redevelopment project, as provided in Section 13.B-6, below. This fee shall not be uniformly applicable to any activity which is not classified as "New Development" or "Net New Development" as defined herein or which has, on the effective date of the Southeast Overtown/Park West DRI Development Orders, a valid building permit or currently effective DRI development order. Sec. 13.B-3. Findings. The City Commission of Miami, Florida (hereinafter "Commission") hereby finds and declares that: (a) The real property which is the subject of this Ordinance, the Project Area is legally described in Exhibit 1; -3- 1U465 (b) The City has filed a CADA with the City, the South Florida Regional Planning Council, and the Florida Department of Community Affairs; (c) The purpose of the CADA is to identify and assess regional impacts and to obtain approval for Total Allowable Development in accordance with the general guidelines set forth in the Development Orders and the CADA. The City has recognized the Project Area as a single area of high intensity development and focused on the impacts that the Total Allowable Development within the Project Area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single state DRI review process for overall phased development of the Project Area rather than requiring each individual DRI scale development within the Project area to be reviewed separately other than for a Major Use Special Permit and as a means of accommodating the impacts of the non-DRI scale cumulative growth on the Project Area; (d) Development within the Project Area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the City. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA and the DO are intended to serve as flexible guides for planned development of the Project Area rather than a precise blueprint for its development. Therefore, pursuant to F.S. IL0465 380.06(21)(b) (1987), the CADA seeks master development approval for three increments of development over a period of approximately twenty years and specific development approval for Increment I, which is the first phase of development projected for a period of approximately six years. Subsequent incremental applications may need to be adjusted to more nearly serve the evolution of market demand and technologies; (e) The Project Area contains a total of approximately 209 acres. The CADA has proposed a quantity of Net New Development within the Project Area for the land uses and phases defined herein as Total Allowable Development; (f) A comprehensive assessment of the probable impacts that will be generated by the Total Allowable Development has been conducted by various City departments, as reflected in the CADA, and as reviewed by the South Florida Regional Planning Council staff; (g) The impacts found in the Development Order are consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Southeast Overtown/Park West Community Redevelopment Area", dated January 4, 1988; (h) Net New Development imposes demands upon public facilities and services benefiting the region and requires additional regional infrastructure; (i) To the extent that Net New Development places demands upon regional public facilities and -5- 1046GSs services, those demands should be satisfied by developments actually creating the demands; (j) The limiting factors determining the amount of potential development in the project area are the effects of Net New Development on transportation facilities and air quality; (k) The Southeast Overtown/Park West DRI and the Southeast Overtown/Park West Master Plan are of benefit to all New Development in the Project Area, and expenses incurred by the City in connection with the preparation and adoption of the Southeast Overtown/Park West DRI/Master Plan and for the enforcement of the Development Orders should be reimbursed to the City by the New Development benefiting therefrom; (1) The total amount of the "Southeast Overtown/Park West Development Supplemental Fee" is determined by the cost of the four components of the Fee: 1) Transportation Mitigation Fee; 2) Air Quality Fee; 3) Southeast Overtown Park West DRI/Master Plan Recovery Fee; and 4) Administrative Fee. The most appropriate measure to distribute the proportionate share of the cost of the Transportation Mitigation Fee and the Air Quality Fee shall be the average rate of generation of PM peak hour external motor vehicle trips for Net New Development in each land use category, as utilized in the CADA. DRI/Master Plan Recovery Fees and Administration Fees are mot appropriately allocated to all New Development at an equal rate for all land use categories; -6 104GS (m) The "Southeast Overtown/Park West Development Supplemental Fee" is being imposed on all New Development in order to pay the costs of certain Development Order related requirements, as described above. Since the demand for such Development Order related requirements are uniquely created by the New Development, the "Southeast Overtown Park West Development Supplementary Fee" is equitable and does not impose an unfair burden on such development is in the best interest of the City and its residents; (n) The primary objectives of the Southeast Overtown/Park West Community Development Plan are the removal of slum and blight and encouragement of affordable housing development; (o) The City Commission, via Resolution No. 87-619, has found that a housing emergency exists within the City of Miami. This condition continues to exist. Thus, the findings and conclusions of Resolution No. 87-619 are incorporated herein by reference and made a part hereof. Sec. 13.B-4. Authority. The City Commission is authorized to establish and adopt a "Southeast Overtown/Park West Development Supplemental Fee" pursuant to the authority granted by the Florida Constitution, Article VII, §§ 1(f), l(g) and 2(b), the Municipal Home Rule Powers Act, Fla. Stat. Ch. 166 (1985), the City of Miami, Florida Charter, the Local Government Comprehensive Planning and Land Development Regulation Act (Fla. Stat. §163.3161, amended by Fla. Stat. §§163.3177 in 1986) and the Southeast Overtown/Park West Development of - 7- IL0465 Regional Impact Development. Order issued February 11, 1988, by Resolution Numbers 88-110 and 88-111. The provisions of this Ordinance shall not be construed to limit the power of the City to adopt such Ordinance pursuant to any other source of authority nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of, or in conjunction with this Ordinance. Sec. 13.B-5. Imposition of Fee. No Building Permits or Major Use Special Permits shall be issued for any New Development as herein defined unless the applicant therefor has paid the "Southeast Overtown/Park West Development Supplemental Fee" imposed by and calculated pursuant to this Ordinance, or payment of such fee as been borne by the City. Sec. 13.B-6. Definitions. As used in this Ordinance, the following words and terms shall have the following meaning, unless another meaning is plainly intended: (a) "ADA" or "Application for Development Approval" shall mean the original Application for Development Approval for the Southeast Overtown/Park West Community Redevelopment Project Area filed by the City on February 6, 1987, pursuant to F.S. 380.06 (1987). (b) "Administrative Fees" shall mean a fee charged to all New Development to pay for the City's administrative costs for enforcing the terms and conditions of the Southeast Overtown/Park West Development Orders, including but not limited to preparation of ordinances and procedures, review of permit applications, monitoring compliance with requirements, and enforcing violations; and which shall be a component of the Southeast Overtown/Park West Development Supplemental Fee. (c) "Affordable Housing" shall mean housing for families and individuals with incomes under 120% of the medium income in Dade County. The cost of such housing is calculated to represent 30% of said individuals and families gross income, as defined by the United States Department of Housing and Urban Development. (d) "Air Quality Fees" shall mean a fee charged to all Net New Development to pay for the City's costs for air quality monitoring, modeling and mitigation measures as required in the Increment I Development Order for Southeast Overtown/Park West; and which shall be a component of the Southeast Overtown/Park West Development Supplemental Fee. (e) "Applicant" shall , mean individual, corporation, business trust, estate, trust, partnership, association, two or more persons acting as co -applicants, any County or State Agency, any other legal entity, or the authorized representative of any of the aforementioned, signing an application for a building permit. (f) "Building Permit" shall mean any permit required for new construction and additions pursuant to Section 301 of the South Florida f Building Code. I (g) "CADA or Consolidated Application for Development Approval" shall mean the revised -g- 3.Q465 (h) (k) (1) (m) (n) (o) ADA prepared pursuant to the requirements of Chapter 380.06 F.S. (1987). "Certificate of Occupancy" shall mean a permanent or temporary and/or partial Certificate of Occupancy issued, pursuant to Section 307 of the South Florida Building Code. "City" shall mean the City of Miami, Florida. "Class 'C' Special Permit" shall have the meaning given within City Ordinance No. 9500, as amended, the Zoning Ordinance for the City of Miami. "Commission" shall mean the City Commission of Miami, Florida. "Comprehensive Plan" shall mean the City's plan for future development adopted by City Ordinance No. 10167, and as may be amended and updated from time to time. "Convention Use" shall mean meeting rooms, banquet halls, exhibition halls, auditoriums, and their auxiliary spaces intended for use by conventions, seminars, exhibitions, and the like; which shall exceed the minimum standard for ancillary facilities within the definition of "Hotel Use." "DO or "Southeast Overtown/Park West Development Order" shall mean the Master and/or Increment I Development Orders for the Southeast Overtown/Park West Community Redevelopment Area as a Development of Regional Impact, issued by the City on February 11, 1988, by Resolution Numbers 88-110 and 88-111. "DRI" shall mean Development of Regional Impact. -10- IL046 (p) "DRI/Master Plan Recovery Fee" shall mean a fee charged to all New Development to reimburse the City for costs incurred in the DRI/Master Plan Study and future related studies in accordance with the CADA and the Southeast Overtown/Park West Development Orders; and which shall be a component of the Southeast Overtown/Park West Development Supplemental Fee. (q) "DU or Dwelling Unit" shall have the meaning given to "dwelling unit" in the Zoning Ordinance. (r) "Hotel Use" shall man any facility containing more than one "lodging unit", as defined in the Zoning Ordinance; and may include meeting and banquet facilities and convenience goods and services for hotel guests, provided that the total of such ancillary facilities shall not exceed 15% of proposed hotel. (s) "MUSP or "Major Use Special Permit" shall mean a special permit issued by the City Commission pursuant to Ordinance 9500, the Zoning Ordinance of the City of Miami, as amended. (t) "Net New Development" shall mean any development which will result in a net increase, within any "Parcel of Land", of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or i gross square footage for office, government office, retail/service, convention, wholesale/industrial or institutional uses. Land uses to be removed by demolition of a building or structure may be credited against the proposed new land uses for purposes of -11- 10465 1 calculating the net increase► if the Planninq Director determines that there was a valid Certificate of Occupancy existing on the effective date of the Development Order for the land uses to be demolished. If a change of land use is proposed, the Planning Director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by PM peak hour external motor vehicle trip generation. Any activity which has on the effective date of the Development Order a valid building permit or any currently effective development order shall not be included as Net New Development. The Planning Director may exclude from Net New Development any small development under 10,000 square feet in Gross Floor Area, if he/she finds that such development would have no regional impact as measured by PM peak hour external motor vehicle trips. Net New Development shall be considered to be a subset of "New Development" as defined herein. (u) "New Development" shall mean any new construction; or development which will result in an increase, within any Parcel of Land, of residential dwelling units, hotel rooms, seats in attractions/recreation facilities, or gross I square footage for office, retail/service, convention, wholesale/industrial, or ` institutional uses. The term "New I� Development" as used herein shall not be deemed to include remodeling, rehabilitation, or other improvements to an existing structure, provided that there is not a -12- IL0465 change in land use and/or not an increase of more than 1,000 square feet in gross .floor area resulting therefrom. If a change of land use is proposed within an existing structure, the Planning Director may credit the prior land use against the proposed land use based upon equivalent impacts as measured by PM peak hour external motor vehicle trip generation. (v) "Office Use" shall mean space for the conduct of the administrative functions of government or business and professional activities not including sales of merchandise of the premises, and not including personal services as defined herein under "Retail/Service Use." (w) "Parcel of Land" shall mean, pursuant to Chapter 380 F.S., any quantity of land capable of being described with such definiteness that its location and boundaries may be established, and which is designated by its owner or developer as land to be use or developed as a unit or which has been used or developed as a unit. (x) "PM peak hour external motor vehicle trips" means the average number of trips per hour during the afternoon peak period from 4-6 PM generated by motor vehicles, excluding public transit vehicles, that have either an origin or a destination within the Project Area. (y) "Project Area" shall mean the area included within the legal description in Exhibit 1, including all property within the boundaries of the Southeast Overtown/Park West Community Redevelopment Area, as designated in 1982 by City Commission Resolution No. 82-755. -13- A �� � (z) "Residential Use" shall mean any "dwelling units" as defined in the Zoning Ordinance. (aa) "Retail/Service Use" shall mean space for the sale of merchandise, eating and/or drinking establishments, and personal services such as but not limited to hair salons, travel agencies, laundries, dry cleaners, bank tellers, photographers, shoe repair, tailoring, etc. (bb) "Room" shall have the meaning given to "lodging unit" in the Zoning Ordinance. (cc) "SF, Gross Square Feet, or Gross Square Footage" shall have the meaning given to "floor area" in Section 2012.3 of the Zoning Ordinance. (dd) "Site" shall mean a legally described parcel of property capable of development pursuant to applicable City ordinances and regulations. (ee) "Southeast Overtown/Park West Development Supplemental Fee" shall mean a fee charged to New Development in the Project Area comprised of components including a Transportation Mitigation Fee, an Air Quality Fee, an Administration Fee, and a DRI/Master Plan Recovery fee which are assessable to New Development according to the provisions of this Ordinance. (ff) "Southeast Overtown/Park West Development Supplemental Fee Coefficient" shall mean the charge per unit of land use as calculated for each component of the Southeast Overtown/Park West Development Supplemental Fee. (gg) "Total Allowable Development" shall mean the quantity of Net New Development for which -14- iv465 Certificates of Occupancy may he issued under the terms and conditions of the Development Order, as may be modified pursuant to F.S. 380.06(19) (1987). (hh) "Transportation Mitigation Fee" shall mean a fee charged to all Net New Development to pay for improvements to mitigate for impacts on the regional transportation system in accordance with requirements of the CADA and the Increment I Development Order for Southeast Overtown/Park West Miami: and which shall be a component of the Southeast Overtown/Park West Development Supplemental Fee. (ii) "Zoning Ordinance" shall mean City Ordinance No. 9500, as amended, or a successor ordinance, the Zoning Ordinance of the City of Miami. Sec. 13.B-7. Southeast Overtown/Park West Development Supplemental Fee Coefficients. The following shall be the coefficients, by land use, for each of the four components of the Southeast Overtown/Park West Development Supplemental Fee. Table 1. lase Coefficients (Per Gross Squaw rootage of floor area) GtI Tsaneportation nalM ata Adminfstra- Total Fee Land Use Mitigation Air Quality Plan F000verty tion CoOfficiant Office S 0.300 S 0.172 $ 0.058 $ 0.050 $ 0.580 Aetail/Service $ 0.260 S 0.149 $ 0.058 $ 0.050 $ 0.517 Convention $ 0.068 $ 0.039 $ 0.058 S 0.050 S 0.215 j Residential S 0.06141 $ 0.035' 1 S 0.058 $ 0.050 $ 0.204LI Notes t 1. These fee coefficients for Pssident al Use am based upon an aowxmd average of 1000 Sr per DU, and shall be adjusted far each dowlapwnt based upon a Transportation Mitigation Fee of $61.009 per DU and an Air Quality Fee of 535. Cris yw+. irJ. ' I.U465 -15- The proportionate share for each unit of land use is calculated as follows: (a) Transportation Mitigation - The Increment I Development Order requires the City to widen Northwest 1st Avenue from Northwest loth Street to Northwest 2nd Street at an estimated cost of $208,806, in order to mitigate the regional transportation impacts of Total Allowable Development. The regional transportation mitigation estimated cost of $208,806 is distributed among units of land use in Total Allowable Development based upon the average rate of generation of PM peak hour external motor vehicle trips, as utilized in the CADA (See Exhibit 2). This cost has been borne by the City of Miami, through the Southeast Overtown/Park West Project, and no fee will be charged Applicants, as delineated in the Southeast Overtown/Park West Development Order, for Increment I. All development subsequent to Increment I shall be subject to payment of said fee by Applicants. (b) Air Quality - The Increment I Development Order requires the City to perform monitoring and modeling for future carbon monoxide (CO) concentrations, and to take appropriate actions to prevent violations of the minimum standard for CO concentrations. The City estimates its total cost for compliance with the air quality requirements of the Increment I Development Order to be $120,000 (see Exhibit 3), which is distributed among units of land use in Total Allowable Development based upon the average rate of generation of PM peak hour external motor vehicle trips, as utilized in the CADA (see Exhibit 4). This cost shall be borne by the City of Miami, through the Southeast Overtown/Park West Project, for fees attributable to Applicants if such fee is generated by Affordable Housing development. All other Applicants shall be -16- 10"s subject to payment of said fee. All development subsequent to Increment I shall be subject to payment of said fee by Applicants. (c) DRI/Master Plan Recovery - The total costs to the City for preparing the Southeast Overtown/Park West DRI, Master Plan and related studies is estimated to be $146,000, which shall be distributed equally among all New Development on the basis of gross square footage of floor area. The total amount of New Development is estimated to be 2,522,200 SF during the time that the Increment I Development Order is in effect. This cost will be borne by the City of Miami Southeast Overtown/Park West Project, and no fee will be charged Applicants, as delineated in the Southeast Overtown/Park West Development Order, for Increment 1. All development subsequent to Increment I shall be subject to payment of said fee by Applicants. (d) Administration - The administrative cost to the City for enforcing the requirements of the Development Order is estimated to be $21,000 per year or a total of $126,000 during the six years that the Increment I Development Order is projected to be in effect. These administrative costs shall be distributed equally among all New Development on the basis of gross square footage of floor area. The total amount of New Development is estimated to be 2,522,200 SF during the time that the Increment I Development Order is in effect. This cost shall be borne by the City of Miami, through the Southeast Overtown/Park West Project, for fees attributable to Applicants if such fee is generated by Affordable Housing development. All other Applicants shall be subject to payment of said fee. All development subsequent to Increment I shall be subject to payment of said fee by Applicants. -17- 10465 Sec. 13.B-8. Procedure for Calculation of Southeast Overtown/Park West Development Supplemental Fee. Upon receipt of approval of a building permit or MUSP for a New Development, the Planning Department shall determine the amount of "Southeast Overtown/Park West Development Supplemental Fee" due pursuant to the following procedure: (a) determine whether the Development is exempt by virtue of the conditions specified herein; (b) determine the applicable land use(s) based upon the applicant's intended use and the design and configuration of the space, and in the event that a proposed use is not included in one of the land use categories defined herein, apply the defined land use category most similar to the proposed use in terms of the average rate of generation of PM peak hour external motor vehicle trips; (c) calculate the Gross Square Footage, number of Dwelling Units, and/or number of Hotel Rooms as appropriate for each land use; (d) multiply the appropriate units of each land use in the development by the appropriate Southeast Overtown/Park West Development Supplemental Fee Coefficients; (e) upon written request of the applicant, review and reduce the amount of Southeast Overtown/Park West Development Supplemental Fee calculated, if appropriate. Sec. 13.B-9. Administration of Southeast Overtown/Park West Development Supplemental Fee. (a) Collection of Southeast Overtown/Park West Development Supplemental Fee. Southeast Overtown/Park West Development Supplemental Fees due pursuant to this ordinance for -18 - JL04GS Administration Fees and DRI/Master Plan Recovery Fees shall be collected by the Planning Department at the time of approval of a MUSP, or if a MUSP is not required, at any time prior to issuance of a building permit. Southeast Overtown/Park West Development Supplemental Fees due pursuant to this Ordinance for Transportation impacts and Air Quality Impacts, shall be collected by the Planning Department at any time prior to issuance of a building permit. (b) Transfer of Funds to Finance Department. Upon receipt of Southeast Overtown/Park West Development Supplemental Fees, the Planning Department shall transfer such funds to the City Finance Department which shall be responsible for placement of such funds into separate accounts as hereinafter specified. All such funds shall be deposited in interest -bearing accounts in a ban authorized to receive deposits of City funds. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds of such account. (c) Establishment and Maintenance of Accounts. The City Finance Department shall establish separate accounts and maintain records for each such account, whereby Southeast Overtown/Park West Development Supplemental Fees collected can be segregated by each of the four fee components: Transportation Mitigation Fees, Air Quality Fees, DRI/Master Plan Recovery Fees, and Administration Fees. (d) Maintenance of Records. The City Finance Department shall maintain and keep adequate -19- 104GS financial records for each such account which shall show the source and disbursement of all revenues, which shall account for all monies received; and which shall ensure that the disbursement of funds from each account shall be used solely and exclusively for the provision of projects specified in the Southeast Overtown/Park West Development Orders, Administration Fee and the DRI/Master Plan Recovery Fee. In connection with capital improvement projects, funds may be used for planning, design, construction, land acquisition, financing, financial and legal services, and administrative costs. (e) Refund of Southeast Overtown/Park West Development Supplemental Fee. (1) The current owner of a property on which a Southeast Overtown/Park West Development Supplemental Fee for Transportation Mitigation and Air Quality has been paid may apply for a refund of such fee if: the City has failed to encumber or r spend the collected fees by the end of the calendar quarter immediately following six (6) years of the date of payment of the fee; or the building permit for which the Transportation Mitigation or Air Quality Fee has been paid, has been terminated or expired for noncommencement of construction; or the project for which a building permit has been issued has been altered resulting in a decrease in -20- 104=5Z the amount of the Transportation Mitigation or Air Quality Fee due. Southeast Overtown/Park West Development Supplemental Fees paid for Administration and DRI/Master Plan Recovery are not refundable. (2) Only a current owner of property may petition for a refund. A petition for refund shall be filed within one year of any of the above specified events giving rise to the right to claim a refund. (3) The petition for refund shall be submitted to the City Manager or his duly designated agency on a form provided by the City for such purpose. The petition shall contain: a notarized affidavit that petitioner is the current owner of the property; a certified copy of latest tax records of Metropolitan Dade County showing the owner of the subject property; a copy of the dated receipt for payment of the fee issued by the City's Planning Department; and a statement of the basis upon which the refund is sought. (4) Within one month of the date of receipt of a petition for refund, the City Manager or his duly designated agent must provide the petitioner, in writing, with a decision on the refund request. The decision must include the 10465 -21- reasons for the decision including, as may be appropriate, a determination of whether the collected fees have been encumbered or spent in accordance with the requirements of this Chapter. If a refund is due to the petitioner, the City Manager or his duly designated agent shall notify the City's Finance Director and request that a refund payment be made to the petitioner. (5) Any money returned pursuant to this subsection shall be returned with interest at the rate of three percent (3%) per annum. (6) Petitioner may appeal the determination of the City Manager to the impact Fee Board of Review subject to the time limitations and procedures for appeals to that Board set forth in Section 13-16 of the City Code. (f) Annual Review and Modification. The City shall annually review Southeast Overtown/Park West Development Supplemental Fee Ordinance procedures, assumptions, formulas, and fee assessments and make such modifications as are deemed necessary as a result of (1) development occurring in the prior year; (2) amendments to the Development Order; (3) changing needs for facilities and/or services; (4) inflation and other economic factors; (5) revised cost estimates for public improvements and/or services; (6) --. i_. _ -22- changes in the availability of other funding sources; (7) such other factors as may be relevant. Sec. 13.B-10. Bonding of Capital Improvement Projects. The City may issue bonds, revenue certificates and other obligations of indebtedness in such manner and subject to such limitations as may be provided by law, in furtherance of the provision of Southeast Overtown/Park West Development. Supplemental Fee related projects. Funds pledged toward retirement of bonds, revenue certificates or other obligations of indebtedness .for such projects may include impact fees and other City revenues as may be allocated by the City Commission. Fees paid pursuant to this Ordinance, however, shall be restricted to use solely and exclusively for the purposes of the ordinance and for financing, directly, or as a pledge against bonds, revenue certificates and other obligations of indebtedness. Sec. 13.B-11. Appeal Procedures: The Impact Fee Board of Review. The Southeast Overtown/Park West Development Supplemental. Fee Ordinance hereby incorporates by reference the Appeals Board and Procedure as set forth in 13-16, 13-17, 13-18, 13-19 and 13-20 of the City Code and hereby establishes their Applicability for any Appeals undertaken pursuant to this Section 13.B. Sec. 13.B-12. Effect of the Southeast Overtown/Park West Development Supplemental Fee on Planning, Zoning, Subdivision, and other Regulations. This Ordinance shall not effect, in any manner, the permissible use of property, density of development, design and improvement standards and requirements or any other aspect of the development of land or provision of public improvements subject to the City's Comprehensive Plan, zoning regulations, subdivision regulations, or other regulations of the City, all of which shall be operative and - 23- IL04 5 remain in full force and effect without limitation with respect to all such development. Sec. 13.B-13. Southeast Overtown/Park West Development Supplemental Fee As Additional and Supplemental Requirement. The City of Miami Southeast Overtown/Park West Development Supplemental Fee is additional and supplemental to and not in substitution or duplication of any other requirements imposed by the City on the development of land or the issuance of building permits. It is intended to be consistent with and to further the objectives and policies of the Southeast Overtown/Park West Development Order, the Comprehensive Plan, the Zoning Ordinance, and to be coordinated with the City's Capital Improvement Program and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of public facility improvements and services in conjunction with the development of land, while also encouraging the development of affordable housing. In no event shall a property owner be obligated to pay for the same improvement(s) in an amount in excess of the amount calculated pursuant to this Chapter; provided, however, that a property owner may be required to pay, pursuant to Metropolitan Dade County, State of Florida, and/or City regulations, for other public facilities in addition to the supplemental fee related improvements as specified herein." Section 2. All ordinances, code sections, or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 3. In the event that any portion or section of this Ordinance or the Southeast Overtown/Park West Development Order is determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction, such decision shall in no manner affect the remaining portions of this ordinance or the Southeast Overtown/Park West Development Order which shall remain in full force and effect. - 24- 1.0"5 PASSED ON FIRST READING BY TITLE ONLY this 23rd day of June , 1988. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 21st day of July , 198 ATTS .-CAL MA TY HIRAI CITY CLERK PREPARED AND APPROVED BY: c�O L E. MAXWEL` ASSISTANT CITY ATTORNEY JEM/db/M349 AVIER L. SUAR Z MAYOR APPROVED AS TO FORM AND CORRECTNESS: JyxUr: /L CITY AZ 1, Matty Hirai, Clerk of the City of N4ia►ni Fit, 1119 lierchv rcr f c that on thc_� d::n� Of._7c�1 a full, trLIC .cud k-nrrc�a copy of the ►ihovc :_cl "•.ra:Ding orclin;mce n^w- of the S.►.��1► 1)o:�t o ` thr Oade County Ciurt 1-1-)u :a--, ,It the pLi..:e mcovi _ ed for n,,tices and publi•:atians by tltt jcjji?l,; s_icl c:tjp) - to the place provided therefor. XV,'i MESS my land au 1 th ficial seal of said City this _Z 1� day of �. D. 19 r Clerk - 25- 1.0"So. EXHIBIT I LEGAL DE5c2IPTICN of SUB,TEcr PROPERTY: Begin at a point at the intersection of the center line of N.E. 5th Street; thence west on the center line of N.W. 5th Street (and N.W. 5th Street) to the east ROW line of I-95 to the south ROW line of I-395 to the center line of Biscayne -Boulevard; thence southerly on the denser line of Biscayne Boulevard to the point of beginning. The above described area contains aproximately 209 acres. 0 104GS EXHIBIT 2 - TRAPISPORTATIOA 14ITIGATION SOUTHEAST OVERTOWN/PARK 'WEST Calculation of Fees necessary to Mitigate Regional Transportation Impacts for Land Uses used in the Southeast Overtown/Park West DRI based on the average rate of generation of PM Peak Hour External Motor Vehicle Trip Ends PM Peak Hour PM Peak Hour External Motor External Motor Total Vehicle Trip Ends Vehicle Trip Ends Proportional Allowable (Per ADA for per Unit of Share Fee per * 2 Proportional Land use Development 1 SEOPW) - Land Use - Unit of Land Use Share Office 166,000 SF GFA 116 0.000698 $ 0.300/SF $ 49,782 Retail/Service 66,200 SF GLA 46 0.000604 $ 0.260/SF $ 17,179 Convention 290,000 SF GFA 57 0.00015.9 $ 0.068/SF $ 19,811 Residential 2,000 DU's 284 0.142000 $ 61.009/DU $ 122,034 (2,000,000 SF GFA) (0.000142) ($ 0.061/SF) TOTAL 486 $ 208,806 Note 1: Definitions of Measurements of Land Uses (GFA, GLA, etc.) is in accordance with Trip Generation, Fourth Edition, published by the Institute of Transportation Engineers. Note 2: Based upon proportional share cost of $429.64 per trip end (total transportation improvement cost per Southeast Overtown/Park West DRI of $208,806 : 436 trip ends) N EXHIBIT 3 PROJECTED COSTS OF AIR QUALITY REQUIREMENTS SOUTHEAST OVERTOWN/PARK WEST CO monitoring - 1 site for 4 weeks $ 25,000 CO modeling - 5 intersections $ 10,000 Additional monitoring and/or mitigation measures S 85,000 TOTAL $120,000 �7 Vo i EXHIBIT 4 - AIR QUALITY —Z SOUTHEAST OVERTOWN/PARK WEST Calculation of Fees necessary to comply with Air Quality requirements in the Southeast Overtown/Park West Development Orders*. for Land Uses used in the Downtown based on the average rate of generation of PM Peak Hour External.ilotor Vehicle Trip Ends Land use . Office Retail/Service Convention Residential TOTAL Total Allowable Development 166,000 SF GFA 66,200 SF GFA 290,000 SF GFA 2,000 DU's (2,000,000 SF GFA) PM Peak Hour External Motor Vehicle Trip Ends (Per ADA for SEOPW) 116 40 46 284 486 PM Peak Hour External Motor Vehicle Trip Ends Proportional per Unit of Share Fee per * , Proportional Land Use Unit of Land Use Share 0.000.698 $ 0.172/SF $ 28,609 0.000604 $ 0.149/SF $ 9,1373 0.000159 $ 0.039/SF $ 11,385 0.142000 $ 35.06'_/DU $ 70,133 (0.000142) ($ 0.035/SF) $ 120,000 Note 1: Definitions of Measurements of Land Uses (GFA, GLA, etc.) is in accordance with Trip Generation, Fourth Edition, published by the Institute of Transportation Engineers. Note 2: Based upon proportional share cost of $246.914 per trip end (total projected Air Quality Costs per Southeast Overtown/Park West DRI of $120,000 : 486 trip ends) CA _i- t CITY OF MIAMI, FLORIDA INTER -OFFICE MEMQRANDUM TO: Matty Hirai City Clerk (�.FL FROM : eI E. Maxwe 1 ssistant City Attorney N A. U l? !? DALE : August 5, 1988 FILE -sSOWEcr': Southeast Overtown/Park West Development Supple- mental Fee Ordinance REFERENCES: Ordinance No. 10465; ENCLOSURES: Agenda Item No. 12, CC Mtg. of 7/21/88 Attached, hereto, is amended Ordinance No. 10465, which was passed and adopted by the City Commission on second and final reading July 21, 1988. The title has been amended to reflect the fact that the New Chapter 13.B is in fact an amendment to the City Code. The ordinance itself specifically points this out, thus, it is not obligatory that the above mentioned amendment be made. However, if the question has come up in your mind, it quite well could have come up in the mind of others. Therefore, I have taken your advise under consideration and adjudged it quite sound. The above mentioned change has been made on two (2) ordinances: the above mentioned Southeast Overtown/Park West DRI Supplemental Fee Ordinance and the Downtown DRI Supplemental Fee Ordinance. The ordinances can be properly identified by the penciled in information in the right-hand corner of the first page of each ordinance. Please be sure to restamp the ordinance number on pages where new pages are added [1st pages]. JEM/db/P619 cc: Robert F. Clark, Chief Deputy City Attorney (w/attach.) Sergio Rodriguez, Director, Planning Dept. (w/o attach.) Herbert Bailey, Assistant City Manager (w/o attach.) Matthew Schwartz, Deputy Dir., Dept. of Dev. (w/o attach.) Joseph McManus, Asst. Dir., Planning Dept. (w/o attach.) Joyce Meyers, Planning Consultant (w/o attach.) t- MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor of Legal Advertising of the Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10465 RE: "SOUTHEAST OVERTOWN PARK DEVELOPMENT SUPPLEMENTAL FEE" X X X In the .............................. Court, was published in said newspaper in the Issues of August 4, 1988 Affiant further says that the said Miami Review Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that she has neither paid nor promised any person, firm or corporation any nt, rebate, commission or re nd for the purpose of curing this advertisement for pub n in the said new er. bworq (o•anl7!;!sed before me this i 4... da rT �Ql�.•....�1A.D.19.88.. w y .•�.... ... level • NAt�ry�Pt)I�Stale(of z1 8lorl rida at rge (SEAL) % (t�'• ••Q..� My Commissfbp ®irres June 21+ 4k'ny ��` MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI NOTICE OF PROPOSED ORDINANCE RE: RETIREMENT PLAN Inthe .........X ..X.. X....................... Court, was published in said newspaper In the Issues of July 1, 1988 Afflant further says that the said Miami Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, �'orida each day (except Saturday, Sunday and Legal Holidays) and Gas been entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any per rm or corporation any discount, rebate, commission or re for the purpose of securing this advertisement for pub11 a on In the id newspaper. Ott 111 111�/ � ' Syvon slid criltV before me this ." � •* 1 .... day Sf .. •......`Tu1y........... �I.D. 19....... anal a h NotlBPy\ , Stetlo d at Large (SEAL) OT ° • . • °��s```� My Commission"1eXp0`I('9�l)� MR 114A lIII11%t� 12 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Cesar H. Odio w, City Manager RECOMMENDATION: DATE: J U L 13 1988 FILE: SUBJECTSoutheast Overtown/Park West Supplemental Fee Ordinance REFERENCES: Agenda Item for July 21, 1988 ENCLOSURES: It is respectfully recommended that the Commission adopt the attached ordinance imposing a "Southeast Overtown/Park West Development Supplemental Fee" on new development within the boundaries of the Southeast Overtown/Park West Development of Regional Impact (DRI); thereby transferring the costs associated with the DRI to the development benefiting therefrom. BACKGROUND: On February 11, 1988, as recommended by the Planning Department and Planning Advisory Board, the Commission adopted the Master and Increment I Development Orders (D.O.'s) for Southeast Overtown/Park West by Resolutions 88-110 and 88-111. Those D.O.'s were subsequently appealed by the Florida Department of Community Affairs; a Stipulation of Settlement was approved by the Commission on May 12, 1988; and the D.O.'s became effective on June 14, 1988, when the Governor and Cabinet accepted the appeal settlement.' The proposed supplemental fee schedule for the Southeast Overtown/Park West DRI has been modified since the 1st reading of the ordinance at the request of the Dept. of Development. The fee schedule as now proposed differs from the proposed Downtown Supplemental fee schedule by only charging for new costs that will be incurred (air quality monitoring and administrative fees charged by the Planning Dept.) for Increment I. In addition it is proposed that the City thru the Southeast Overtown/Park West Project will cover the cost of air quality mitigation and administrative fees for affordable housing which is defined as rental and home ownership housing for families and individuals with incomes less than 120% of the median family income in Dade County. The basis for this differentiation is that the original intent for the establishment of the Southeast Overtown/Park West Community Redevelopment project was to stimulate development in this area and to remove the slum and blighted conditions which prevailed. The costs for the preparation of the DRI (Resolution 83-1145) and the cost to mitigate the transportation impacts as delineated by the South Florida Regional Planning Council have already been funded by the City through the redevelopment project 1046E 10 r Honorable Mayor and Members of the City Commission Page Two (Resolution 83-973). Another goal of the redevelopment project is to stimulate affordable housing which requires substantial public assistance to be economically viable. Charging additional fees to this type of project would lessen their economic viability and result in increased housing costs. In addition, the development level for Increment I permitted under the DRI allows development at levels below the level which would mandate the submission of a DRI. The Increment I Development Order requires the City to mitigate the regional transportation impacts of new development by widening N.W. 1st Avenue from N.W. 2nd Street to N.W. 10th Street, at an estimated cost of $208,806 which has already been funded. Additionally, the Increment I D.O. requires the City to conduct monitoring and modeling of carbon monoxide concentrations, and to take corrective measures if air quality violations are found and/or predicted. The cost of these air quality measures is estimated to be $120,000. The "Southeast Overtown/Park West Development Supplemental Fee" would proportionally distribute the $120,000 cost for air quality measures among all the New Development that was approved in the Increment I D.O., based upon the average vehicle trip generation rates for each land use. These proportionate share fees would be collected at any time prior to issuance of a building permit. The fee for affordable housing fee will be waived resulting in an estimated additional cost of $50,000- 60,000 to City over the next five years. In addition to air quality fees the proposed "Southeast Overtown/Park West Development Supplemental Fee" includes a fee of 5 cents per square foot to cover the administrative costs of enforcing the requirements of the Southeast Overtown/Park West DRI. This component of the fee would be assessed on all new development (excluding renovations to existing structures and the construction of affordable housing) and would be collected with a Major Use Special Permit (M.U.S.P.) application, or if a M.U.S.P. is not required, with the issuance of a building permit. The administrative fee for affordable housing will be borne by the City thru the Southeast Overtown/Park West Project. This cost is estimated a $50 per unit for a total additional cost by approximately $45,000 over the next 5 years (900 additional units). The actual total fees for the "Southeast Overtown/Park West Development Supplemental Fee" would be as follow for each land use based on the City covering the cost of transportation mitigation and recovery fee for preparation of the filing of the DRI: 10465 144) Honorable Mayor and Members of the City Commission Page Three Office $ 0.220 per square foot Retail/Service $ 0.199 per square foot Convention $ 0.089 per square foot Residential $ 0.085 per square foot The "Southeast Overtown Development Supplemental Fee" is intended to be charged to new development in addition to City impact fees. it does not duplicate any of the fees for capital improvements included within the impact fee ordinance because it is limited to impacts on air quality, and expenses for administration. CITY OF MIAMI, FLORIDA "N 1� INTEROFFICE MEMORANDUM TO: Honorable Mayor and Members of DATE: the City Commission SUBJECT: FROM: �\ Cesar H. OdiO REFERENCES: 1, City Manager ENCLOSURES; RECOMMENDATION: J U N 16 Ign FILE: Southeast Overtown/Park West Supplemental Fee Ordinance Agenda Item for June 23, 1988 It is respectfully recommended that the Commission adopt the attached ordinance imposing a "Southeast Overtown/Park West Development Supplemental Fee" on new development within the boundaries of the Southeast Overtown/Park West Development of Regional Impact (DRI); thereby transferring the costs associated with the DRI to the development benefiting therefrom. On February 11, 1988, as recommended by the Planning Department and Planning Advisory Board, the Commission adopted the Master and Increment I Development Orders (D.O. Is) for Southeast Overtown/Park West by Resolutions 88-110 and 88-111. Those D.O. Is were subsequently appealed by the Florida Department of Community Affairs; a Stipulation of Settlement was approved by the Commission on May 12, 1988; and the D.O. Is became effective on June 14, 1988, when the Governor and Cabinet accepted the appeal settlement. The Increment I D.O. requires the City to mitigate the regional transportation impacts of new development by widening N. W. 1st Avenue from N. W. 2nd Street to N. W. 10th Street, at an estimated cost of $208,806. Additionally, the Increment I D.O. requires the City to conduct monitoring and modeling of carbon monoxide concentrations, and to take corrective measures if air quality violations are found and/or predicted. The cost of these air quality measures is estimated to be $120,000. The "Southeast Overtown/Park West Developmment Supplemental Fee" would proportionally distribute the $208,806 and the $120,000 costs among all the New Development that was approved in the Increment I D.O., based upon the average vehicle trip generation rates for each land use. These proportionate share fees would be collected at any time prior to issuance of a building permit. In addition to regional transportation mitigation and air quality fees, the proposed "Southeast Overtown/Park West Development Supplemental Fee" includes a fee of 5.8 cents per square foot of floor area to reimburse the City for the Page 1 of 2 6 —/ 10dr,tz Honorable Mayor and Members of the City Commission costs of preparing the DRI; and a fee of 5 cents per square foot to cover the administrative costs of enforcing the requirements of the Southeast Overtown/Park West DRI. These last two components of the fee would be assessed on all new development (excluding renovations to existing structures) and would be collected with a Major Use Special Permit (M.U.S.P.) application, or if a M.U.S.P. is not required, with the issuance of a building permit. The total of all of the four components of the "Southeast Overtown/Park West Development Supplemental Fee" would be as follows for each land use: Office $ 0.580 per square foot Retail/Service $ 0.517 per square foot Convention $ 0.215 per square foot 'Residential $ 0.204 per square foot The "Southeast Overtown Development .Supplemental Fee" is intended to be charged to new development in addition to City impact fees. It does not duplicate any of the fees for capital improvements included within the impact fee ordinance because it is limited to regional transportation impacts, impacts on air quality, and expenses for planning and administration. Page 2 of 2 . 10"'s W, I I— MIAMi REVIEW Published Daily except Saturday, : )ay and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE, Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI NOTICE OF PROPOSED ORDINANCE RE: SOUTHEAST OVERTOWN PARK WEST DEVELOPMENT SUPPLEMENTAL FEE" inthe ............. X.. X ..X .................. Court, was published in sold newspaper in the issues of July 11, 1988 Afflant further says that the said Miami Review is a 9ppaper published at Miami In said Dade County, Florida, Iahedhinssaid Dal a County, Flordae each dayi(except irday, Sunday and Legal Holidays) and has been entered as and class mail matter at the post office in Miami in said ffrtrcounty, unt ica►lon of the atfor a tached copy oone f advertiseear next ment Band says that she has neither paid nor promised any or corporation anY curing this adve'rtisementsiforlr the puIn Ir ' swwoin two and subscAled before me this .l ... 1•; • . .UlV4-j A.D. 19... 88 ...... • • • • � • , ~J'attieZ Sanchez ���� F • jjo ut�ttd gTete of FI at Large Q ` (SEAL) My Commission expires June 21, 1991. MR 136A n