HomeMy WebLinkAboutO-10461J-88-602 Downtown
7/14/88
ORDINANCE NO. 10461.
AN ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
CREATING A NEW CHAPTER 13.A OF THE CITY CODE
IMPOSING A "DOWNTOWN DEVELOPMENT SUPPLEMENTAL
FEE" NECESSARY TO ACCOMMODATE THE REGIONAL
IMPACTS OF NEW DOWNTOWN DEVELOPMENT; SETTING
FORTH FINDINGS AND INTENT; PROVIDING THE
AUTHORITY THEREFOR; PROVIDING DEFINITIONS;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPOSITION 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 within the Downtown Development
District Area has for the past several vpars. PxnPriPnood
significant development; and
WHEREAS, new building space growth projections indicate that
such development will continue and will place ever-increasing
demands on the Regional Infrastructure of the City to accommodate
the development; and
WHEREAS, on November 26, 1986, the Downtown Development
Authority of 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 of a portion of the area within the DDA jurisdiction,
herein described as the Project Area; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
held on December 9, 1987, following an advertised public hearing,
adopted Resolution No. 74-87 by a 6 to 2 vote, recommending
approval of the Master Development and Increment I Orders for.
Downtown Miami; and
WHEREAS, on December 10, 1987, the City Commission conducted
a public hearing pursuant to F.S. 380.06 (1987); and
T T A C HJ1 E N T
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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 require-
ments 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 December 10, 1987 by resolutions numbered 87-1148 and
87-1149; and
WHEREAS, the effective date of the Master and Increment I
Development Orders is June 28, 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:
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.A to read as
follows:
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144f 1.
CHAPTER 13.A
CITY OF MIAMI DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE ORDINANCE
Sec. 13.A-1. Short Title.
This Ordinance shall be known and cited as the "City of
Miami Downtown Development Supplemental Fee Ordinance."
Sec. 13.A-2. Intent.
This Ordinance is intended to impose the "Downtown
Development Supplemental Fee" as a supplemental fee on New
Development within the Downtown DRI Project Area, utilizing
the defined terms in Sec. 13.A-3. The Downtown Development
Supplemental Fee comprised of four components including a
Transportation Mitigation Fee, an Air Quality Fee, a
DRI/Master Plan Recovery Fee and an Administration Fee. The
Downtown Development Supplemental Fee is payable prior to
the time of building permit issuance or upon application for
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
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Area. This fee shall not be applicable to any activity
which is not classified as "New Development" or "Net New
Development" as defined herein or which has, on the effec-
tive date of the Downtown DRI Development Orders, a valid
building permit or currently effective DRI development
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order.
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Sec. 13.A-3. Definitions.
As used in this Ordinance, the following words and
terms shall have the following meaning, unless another
meaning is plainly intended:
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(a) "ADA" or "Application for Development Approval"
shall mean the original Application for Develop-
ment Approval for the Downtown Miami Project Area
filed by the DDA on November 25, 1986, pursuant to
F.S. 380.06 (1987).
(b) "Administration Fees" shall mean a fee charged to
all New Development to pay for the City's adminis-
trative costs for enforcing the terms and condi-
tions of the Downtown Development Orders,
including but not limited to preparation of
ordinances and procedures, review of permit
applications, monitoring compliance with require-
ments, and enforcing violations; and which shall
be a component of the Downtown Development Supple-
mental Fee.
(c) "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 mitiga-
tion measures as required in the Increment I
Development Order for Downtown Miami; and which
shall be a component of the Downtown Development
Supplemental Fee.
(d) "Applicant" shall mean an individual, corporation,
business trust, estate, trust, partnership, asso-
ciation, two or more persons acting as co -appli-
cants, 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.
(e) "Attractions/Recreation Use" shall mean theaters,
performance halls, sports arenas, museums, and
similar cultural, entertainment, or recreational
facilities.
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10461.
(f) "Building Permit" shall mean any permit required
for new construction and additions pursuant to
Section 301 of the South Florida Building Code.
(g) "CADA_ or Consolidated Application for Development
Approval" shall mean the revised ADA prepared
pursuant to the requirements of Chapter 380.06
F.S. (1987).
(h) "Certificate of Occupancy" shall mean a permanent
or temporary and/or partial Certificate of Occu-
pancy issued, pursuant to Section 307 of the South
Florida Building Code.
(i) "City" shall mean the City of Miami, Florida.
(j) "Class 'C' Special Permit" shall have the meaning
given within City Ordinance No. 9500, as amended,
the Zoning Ordinance for the City of Miami.
(k) "Commission" shall mean the City Commission of
Miami, Florida.
(1) "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.
(m) "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 facili-
ties within the definition of "Hotel Use".
(n) "DDA" or "Downtown Development Authority" shall
mean the Downtown Development Authority of the
City of Miami, Florida.
(o) "Downtown Development Supplemental Fee" shall mean
a fee charged to New Development in the Project
Area comprised of components including a Trans-
portation Mitigation Fee, an Air Quality Fee, an
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Administration Fee, and a DRI/Master Plan Recovery
Fee which are assessable to the New Development
according to the provisions of this Ordinance.
(p) "Downtown Development Supplemental Fee Coeffi-
cient" shall mean the charge per unit of land use
as calculated for each component of the Downtown
Development Supplemental Fee.
(q) "DO" or "Downtown Development Order" shall mean
the Master and/or Increment I Development Orders
for Downtown Miami as a Development of Regional
Impact, issued by the City on December 10, 1987 by
Resolution numbers 87-1148 and 87-1149.
! (r) "DRI" shall mean Development of Regional Impact.
(s) "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 Downtown DRI Development
Orders; and which shall be a component of the
Downtown Development Supplemental Fee.
(t) "DU or Dwelling Unit" shall have the meaning given
to "dwelling unit" in the Zoning Ordinance.
(u) "Hotel Use" shall mean 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 ser-
vices for hotel guests, provided that the total of
such ancillary facilities shall not exceed 15% of
the gross square footage of the proposed hotel.
(v) "Institutional Use" shall mean hospitals, univer-
sities, schools, and post offices.
(w) "MUSP" or "Major Use Special Permit" shall mean a
special permit issued by the City Commission pur-
suant to Ordinance 9500, the Zoning Ordinance of
the City of Miami, as amended.
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(x) "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 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 calculating the net
increase, if the Planning 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 exter-
nal motor vehicle trips. Net New Development
shall be considered to be a subset of "New
Development" as defined herein.
(y) "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
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attractions/recreation facilities, or gross square
footage for office, retail/service, convention,
wholesale/industrial, or institutional uses. The
term "New 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 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.
( z ) "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".
(aa) "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
used or developed as a unit or which has been used
or developed as a unit.
(bb) "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.
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10461.
(cc) "Project Area" shall mean the area included within
the legal description in Exhibit 1, including all
property within the boundaries of the Downtown
Development Authority, with the exception of that
area between NE/NW 5th Street and I-395 known as
"Park West".
(dd) "Residential Use" shall mean any "dwelling units"
as defined in the Zoning Ordinance.
(ee) "Retail/Service Use" shall mean space for the sale
of merchandise, eating and/or drinking establish-
ments, and personal services such as but not
limited to hair salons, travel agencies, laun-
dries, dry cleaners, bank tellers, photographers,
shoe repair, tailoring, etc.
(ff) "Room" shall have the meaning given to "lodging
unit" in the Zoning Ordinance.
(gg) "SF, Gross Square Feet, or Gross Square Footage"
shall have the meaning given to "floor area" in
Section 2012.3 of the Zoning Ordinance.
(hh) "Site" shall mean a legally described parcel of
property capable of development pursuant to
applicable City ordinances and regulations.
(ii) "Total Allowable Development" shall mean the quan-
tity of Net New Development for which Certificates
of Occupancy may be issued under the terms and
conditions of the Development Order, as may be
modified pursuant to F.S. 380.06(19) (1987).
"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 Downtown Miami; and which
shall be a component of the Downtown Development
Supplemental Fee.
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(kk) "Wholesale/Industrial Use" shall mean manufactur-
ing, wholesale trade, warehousing and storage,
printing, automotive and heavy equipment repair,
and other general commercial uses permitted within
CG-2 districts in the Zoning Ordinance.
(11) "Zoning Ordinance" shall mean City Ordinance No.
9500, as amended, or a successor ordinance, the
zoning ordinance of the City of Miami.
Sec. 13.A-4. Authority.
The City Commission is authorized to establish and
adopt a "Downtown Development Supplemental Fee" pursuant to
the authority granted by the Florida Constitution, Article
VII, §§ 1(f), 1(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 Downtown
Miami Development of Regional Impact Development Order
issued December 10, 1987 by Resolution Numbers 87-1148 and
87-1149. 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 sub-
stitution of, or in conjunction with this Ordinance.
Sec. 13.A-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 "Downtown Development
Supplemental Fee" imposed by and calculated pursuant to this
Ordinance.
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Sec. 13.A-6 Downtown Development Supplemental Fee Coef-
ficients.
Following shall be the coefficients by land use for
each of the four components of the Downtown Development
Supplemental Fee.
Table 1. Fee Coefficients
(Per cross Squi" Footage of floor area)
MI
Transportation
MI/Master
Administra-
Total Fee
Lab Use
Mitigation
Air Quality
Plan Recovery tion
Coefficient
office
$
0.732
$ 0.031
$
0.048
$
0.050
$
0.861
Retail/service
$
0.635
$ 0.027
$
0.048
$
0.050
$
0.760
Convention
$
0.139
$ 0.006
$
0.048
$
0.050
$
0.243
Institutional
$
1.620
$ 0.068
$
0.048
$
0.050
$
1.786
wholesale/
$
0.162
$ 0.007
$
0.048
$
0.050
$
0.267'
Industrial
Hotel
$
0.35341
$ 0.015
$
0.048
$
0.050
$
0.46641
Residential
$
0.176�2
$ 0.007�2
$
0.048
$
0.050
$
0.2814
Attraction/
$
0.12643
$ 0.005143
$
0.048
$
0.050
$
0.22943
Recreation
Notes:
1. 'These fee coefficients for Hotel Use are based upon an assumed average of 700
SF per Hotel Roan, and shall be adjusted for each development based upon a
Transportation Mitigation fee of $247.004 per Roan and an Air Quality Fee of
$10.478 per Room.
2. These fee coefficients for Residential Use are based upon an assumed average
of 1000 SF per DU; and shall be adjusted for each development based upon. a
Transportation Mitigation Fee of $166.368 per DU and an Air Quality Fee of
$7.057 per DU.
3. These fee coefficients for Attractions/Recreation Use are based upon an
assumed average of 20 SF per seat and shall be adjusted for each development
based upon a Transportation Mitigation Fee of $2.517 per seat and an Air
Quality Fee of $0.107 per seat.
The proportionate share for each unit of land use is
calculated as follows:
(a) Transportation Mitigation - The Increment I Devel-
opment Order requires a fee of $7,543,419 (in 1987
dollars) to mitigate the regional transportation
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impacts of Total Allowable Development. This fee was
derived from estimated improvements necessary to main-
tain the minimum Level of Service standard on regional
roadways impacted by Total Allowable Development (see
Exhibit 2). The regional transportation mitigation fee
of $7,543,419 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 3).
(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 esti-
mates its total cost for compliance with the air
quality requirements of the Increment I Development
Order to be $320,000 (see Exhibit 4), which is dis-
tributed 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 5).
(c) DRI/Master Plan Recovery - The total cost to the
City for preparing the Downtown DRI, Master Plan and
related studies is estimated to be $700,000, 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
14,500,000 SF during the time that the Increment I
Development Order is in effect.
(d) Administration - The administrative cost to the
City for enforcing the requirements of the Development
Order is estimated to be $145,000 per year or a total
of $725,000 during the five years that the Increment I
Development Order is projected to be in effect. These
administrative costs shall be distributed equally among
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all New Development on the basis of gross square
footage of floor area. The total amount of New Develop-
ment is estimated to be 14,500,000 SF during the time
that the Increment I Development Order is in effect.
Sec. 13.A-7. Procedure for Calculation of Downtown Develop-
ment Supplemental Fee.
Upon receipt of an application for a building permit or
a MUSP for a New Development, the Planning Department shall
determine the amount of the "Downtown 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, number of Hotel Rooms, and number
of seats in Attractions/Recreation facilities as
appropriate for each land use;
(d) multiply the appropriate units of each land use in
the development by the appropriate Downtown
Development Supplemental Fee Coefficients;
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(e) upon written request of the applicant, review
f
iand reduce the amount of Downtown Development
Supplemental Fee calculated, if appropriate.
Sec. 13.A-8. Administration of Downtown Development Supple-
,...
(a) Collection of Downtown Development Supplemental
Fee. Downtown Development Supplemental Fees due
pursuant to this ordinance for Administration Fees
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and DRI/Master Plan Recovery Fees shall be col-
lected by the Planning Department at the time of
application for a MUSP, or if a MUSP is not
required, at any time prior to issuance of a
building permit. Downtown Development Supple-
mental 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 Downtown 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 bank 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 Downtown 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 Depart-
ment shall maintain and keep adequate 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
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each account shall be used solely and exclusively
for the provision of projects specified in the
Downtown Development Orders, the Administration
Fee and the DRI/Master Plan Recovery Fee. In
connection with capital improvement projects,
funds may be used for planning, design, construc-
tion, land acquisition, financing, financial and
legal services, and administrative costs.
(e) Refund of Downtown Development Supplemental Fee.
(1) The current owner of property on which a
Downtown 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 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 non -
commencement of construction; or the project
for which a building permit has been issued
has been altered resulting in a decrease in
the amount of the Transportation Mitigation
or Air Quality Fee due. Downtown Development
Supplemental Fees paid for Administration and
DRI/Master Plan Recovery are not refundable.
(2) Only the current owner of property may peti-
tion 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 agent
on a form provided by the City for such pur-
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pose. 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 peti-
tioner, in writing, with a decision on the
refund request. The decision must include
the reasons for the decision including, as
may be appropriate, a determination of
whether the collected fees have been encum-
bered 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 subsec-
tion 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 Downtown Development Supplemental
Fee Ordinance procedures, assumptions, formulas,
and fee assessments and make such modifications as
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are deemed necessary as a result of (1) develop-
ment 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)
changes in the availability of other funding
sources; (7) such other factors as may be rele-
vant.
Sec. 13.A-9. 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 further-
ance of the provision of Downtown Development Supplemental
Fee related projects. Funds pledged toward retirement of
bonds, revenue certificates or other obligations of indebt-
edness 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.A-10. Appeal Procedures: The Impact Fee Board of
Review.
The Downtown Development Supplemental Fee Ordinance
hereby incorporates by reference the Appeals Board and Pro-
cedure 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 under taken pursuant to this Section 13.A.
Sec. 13.A-11. Effect of the Downtown Development Supple-
mental Fee on Planning, Zoning, Subdivision, and other Regula-
tions.
This Ordinance shall not affect, in any manner, the
permissible use of property, density of development, design
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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
remain in full force and effect without limitation with
respect to all such development.
Sec. 13.A-12. Downtown Development Supplemental Fee As
Additional and Supplemental Requirement.
The City of Miami Downtown 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 per-
mits. It is intended to be consistent with and to further
the objectives and policies of the Downtown 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 develop-
ment of land. In no event shall a property owner be obli-
gated 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.
Sec. 13.A-13. All ordinances, code sections, or parts
thereof in conflict herewith are hereby repealed to the extent of
such conflict.
Sec. 13.A-14. In the event that any portion or section of
this Ordinance or the Development Orders for Downtown Miami is
determined to be invalid, illegal, or unconstitutional by a court
or agency of competent jurisdiction, such decision shall in no
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manner affect the remaining portions of this ordinance or the
Development Orders for Downtown Miami, which shall remain in full
force and effect.
Sec. 1.3.A-15. 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;
(b) The DDA 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 signifi-
cance. The CADA seeks a single state DRI review
process for overall phased development of the
downtown area rather than requiring each indi-
vidual DRI scale development within the downtown
area to be reviewed separately other than for a
Major Use Special Permit and as a means of of
accommodating the impacts of the non-DRI scale
cumulative growth on the downtown 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
- 19 -
IL04f 1
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. 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 develop-
ment approval for Increment I, which is the first
phase of development projected for a period of
approximately five 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
839 acres, including approximately 78 acres pres-
ently zoned and developed as City parks. 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 Assess-
ment for Downtown Miami", dated October 5, 1987;
(h) Net New Development imposes demands upon public
facilities and services benefiting the region and
requires additional regional infrastructure;
- 20 -
10461
(i) To the extent that Net New Development places
demands upon regional public facilities and
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 Downtown DRI and the Downtown Master Plan are
of benefit to all New Development in the Project
Area, and expenses incurred by the City in con-
nection with the preparation and adoption of the
Downtown DRI/Master Plan and for the enforcement
of the Development Orders should be reimbursed to
the City by the New Development benefiting there-
from.
(1) The total amount of the "Downtown Development
Supplemental Fee" is determined by the cost of the
four components of the Fee: 1) Transportation
Mitigation Fee; 2) Air Quality Fee; 3) Downtown
DRI/Master Plan Recovery Fee; and 4) Administra-
tion Fee. The most appropriate measure to dis-
tribute 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 most appropriately allo-
cated to all New Development at an equal rate for
all land use categories.
(m) The "Downtown 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
- 21 -
IL0461
N
demand for such Development Order related require-
ments are uniquely created by the New Development,
the "Downtown 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.
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 14th day of July , 1988.
AT'`
MATTY HIRAI
REVIEWED AND APPROVED BY:
L E. MA WE L
As istant City Attorney
RNS0036
APPROVED AS TO FORM AND
CORRECTNESS:
JOR E L. ERNAN EZ
Cit Attorney
I, Matty Hirai, Clei•k of the Ci r
hereby cer ' v that en the of Miami, Fl ri ia,
—r—cl;iy of._�`����--
A. 'r• 19 a full, true and copy of the above
and fi,rer;oin� nrciinnnce tr;�.; p tec1 ,it the South llo; r
of the Dade Cauat C •urt !I•.uie ;it the phl,.�e provided
f;.n• notices and p,ibli ;,tions by itttachi,, ; s;:id copy to
the (lace provid•:•�1 t;ur,!f0r.
W1'1'i1'ZS5 my 11"ll ai, 1 th Ffici;al seal of said
City this a clay of
;�a
D. 196 6
Q k
- 22 -
EXHIBIT 1
Project Legal Description
Begin at the intersection of the centerlines of N.W. 5th Street and N.W.
3rd Avenue (east side of N-S Expressway (I-95)), said point of beginning also
being the N.W. corner of the district; thence run southerly along the center
line of N.W. 3rd Avenue and the 'easterly side of the N-S Expressway to the
centerl ine of West F1 agl er Street; thence westerly along the centerl ine of
said West Flagler Street to the centerline of the Miami River; thence
meandering southeasterly along the centerline of said Miami River'to a point
of intersection with the easterly right-of-way (R/W) line of Metro Rapid
Transit R/W (formerly Florida East Coast (FEC) Railroad R/W) said R/W line
being 50 feet easterly of and parallel with the centerline of said Metro Rap -id
Transit R/W; thence run southerly and southwesterly along said easterly R/W
line of Metro Rapid Transit to the intersec- tion with the centerline of S.W.
15th Road; thence southeasterly along the centerline of 15th Road to a point
of intersection with the southerly prolongation of the westerly line of COSTA
BELLA DEVELOPMENT SUBDIVISION (107-14); thence northeasterly, northwesterly
and northeasterly, along said westerly line of COSTA BELLA to the intersection
with the southerly right-of-way line of S.E. 14th Lane; thence southeasterly,
northeasterly, northerly, and northwesterly along said southerly and westerly
right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection
with the northwesterly property line of Lot 31 Block 2 of Amended Plat of
POINT VIEW as recorded in Plat Book 2 at Page 93 of the Public Records of Dade
County, Florida; thence northeasterly along the northwesterly line of said Lot
31 to the northeasterly side of the existing ten foot alley in Block 2 of said
POINT VIEW; thence southeasterly along the northeasterly side of said ten foot
alley to the intersection with the property line between Lots 4 and 5 of said
Block 2 of POINT VIEW; thence northeasterly along said line of Lots 4 and 5
and its prolongation thereof to the centerline of S.E. 14th Street; thence
southeasterly along said centerl ine of S.E. 14th Street to a point of
intersection with the existing bulkhead and shoreline of Biscayne Bay; thence
meandering northerly along the existing bulkhead and shoreline of Biscayne Bay
to a point of intersection with the southerly boundary of Claughton Island
Bridge; thence easterly along the said southerly R/W line of Claughton Island
Bridge to the intersection with the westerly bulkhead line of Claughton
Island, said bulkhead line being part of the Metropolitan Dade County Bulkhead
Line as recorded in Plat Book 73 at Page 18 of the Public Records; thence
southerly, easterly, northerly and westerly, following said existing bulkhead
and its westerly prolongation thereof around the island to the intersection
with the mainland on the easterly shoreline of Biscayne Bay; thence meandering
in a northwesterly and westerly direction along the shoreline of Biscayne Bay
and the Miami River to the intersection with the easterly R/W line of Brickell
Avenue Bridge (S.E. 2nd Avenue); thence north along said bridge to the
existing bulkhead on the northerly shoreline of the Miami River; said bulk
line also being the southerly boundary of the Dupont Plaza Center and Miami
Center Joint Venture property; thence northeasterly along the southerly
boundary of Dupont Plaza Center and Miami Center Joint Venture property to a
point of intersection with the easterly property line of Chopin Associates and
Miami Center Limited Partnership; said property line being along the shoreline
of Biscayne Bay; thence northerly along said easterly property line of Chopin
Associates and Miami Center Limited Partnership property along Biscayne Bay to
the southerly property line of Bayfront Park; thence continuing northerly,
1-7(R)(March, 1987)
a�
104G1
northeasterly and northwesterly along the bulkhead line of Bayfront Park and
the Bayfront Park Miamarina; thence continuing northerly along the bulkhead
line of Biscayne Bay to a point of intersection with the centerline of N.E.
17th Street extended easterly; thence westerly along the centerline of N.E.
17th Street and its extension thereof to the easterly R/W line of the FEC
Railroad; thence southerly along the easterly R/W line of the FEC Railroad to
the limited access right-of-way of I-395; thence southeasterly and easterly
along the limited access right-of-way of I-395 to the centerline of Biscayne
Boulevard, thence southerly along the centerline of Biscayne Boulevard to the
centerline of N.E. 5th Street, thence westerly along the centerline and N.E.
and N.W. 5th Street to the point of beginning.
10461'
EXHIBIT 2
DOWNIC7WN DRI
OFF -SITE IMPROVEMENTS NEEDED TO ACCOMMODATE
PROJECT AND OTHER TRAFFIC IMPACTS
Source: ADA and South Florida Regional Planning Council, "Development of
Regional Impact Assessment for Downtown Miami. - Increment I",
December, 1987
Theoretical Improvements
Improvement
Project
Cost*
Fair Share*
1.
SR 836/I-395: Add one lane in
$ 1,220,•000
$ 281,689
each direction frcan Biscayne
Boulevard to I-95
2.
SR 836/I-395: Add one lane in
2,806,000
664,704
each direction from I-95 to
NW 27th Avenue.
3.
SR 836/r-395: Add one lane in
1,830,000
409,542
each direction from NW 27th
Avenue to LeJeune Road
4.
Biscayne Boulevard: Add one lane
624,000
232,258
in each direction from NE 62nd
Street to NE•36th Street
5.
Biscayne Boulevard: Add one lane
960,000
358,109
in each direction from NE 36th
Street to I-395
6.
Coral Way: Add one lane in each
200,000
83,594
direction from Brickell Avenue
to SW .15th Road
7.
Coral Way: Add one lane in each
960,000
318,799
direction from SW 12th Avenue to
SW 27 Avenue
8.
Brickell Avenue: Add one lane in
960,000
424,.845
each direction from SE 7th Street
to Rickenbacker Causeway
9.
US 1: Add two lanes in each
869,120
314,862
direction from I-95 to SW 17th
Avenue
27
10461
1.0. US 1: Add two lanes in each
direction from SW 17th Avenue
to Douglas Road
11. I-95: Add one lane in each
direction from NW 79th Street
to SR 112
12. I-95: Add one lane in each
direction from SR 836 to
SW 8th Street
13. I-95: Add one lane in each
direction from SW 8th Street
to US 1
14. NE 1st Avenue/I-395 (North Ramp):
Add one lane to westbound ramp
and restripe
'InTAL
*1987 Dollars
21400,000
3,126,250
5,462,500
1,372,500
76,950
$22,867,320
865,785
1,063,876
2,155,678
358,998
10,682
$7,543,419
EXHIBIT 3 - TRANSPORTATION MITIGATION
DOWNTOWN DRI
Calculation of Fees necessary to Mitigate Regional Transportation Impacts for Land Uses used in the Downtown 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 * (1987 Downtown per Unit of Share Fee per * Proportional
Land*use Development I Miami DRI) Land Use Unit of Land Use 2 Share
General*
3
Office
7,250,000
SF GFA
4,339
0.0005985
$
0.732/SF
$
5,307,000
Retail/Service
1,050,000
SF GLA
545
0.0005190
$
0.635/SF
$
667,000
Convention
500,000
SF GFA
57
0.0001140
$
0.139/SF
$
69,500
Institutional
300,000
SF GFA
397
0.001320
$
1.61/SF
$
483,000
Wholesale/
1,050.9000 SF
139
0.0001324
$
0.162/SF
$
170,100
Industrial
Hotel
1,000
Rooms
202
0.202
$
247.004/Room
$
247,000
(700,000
SF GFA)
(0.0002886)
($
0.353/SF)
Residential
3,550
DU's
483
0.1360563
$
166.368/DU
$
591,200
(3,550,000
SF GFA)
(0.0001442)
($
0.176/SF)
Attractions/
3,400
Seats
7
0.0020588
$
2.517/Seat
$
8,600
Recreation
(68,000
SF GFA)
(0.0001029)
($
0.126/SF)
TOTAL
6,169
$
7,543,400
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 $1,222.79 per trip end (total mitigation fee per Downtown DRI of
$7,543,419 6,169 trip ends)
Note 3: General Office and Government Office have been combined as one land use.
I
EXHIBIT 4
PROJECTED COSTS OF AIR QUALITY REQUIRIIMM
DOWNTOWN
CO monitoring - 2 sites @14 weeks each $ 50,000
CO modeling - 10 intersections $ 20,000
Additional monitoring and/or mitigation measures $ 250,000
TOTAL $ 320,000
30
I.OUI
EXHIBIT 5 - AIR QUALITY
DOWNTOWN DRI '� J
Calculation of Fees necessary to comply with Air Quality requirements in the Downtown Development Orders for Land
Uses used in the Downtown based on the average rate of generation of Pr-1 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 * (1987 Downtown per Unit of Share Fee per * Proportional
Land use Development 1 Miami DRI) Land Use Unit of Land Use 2 Share
General*3
Office
Retail/Service
Convention
Institutional
Wholesale/
Industrial
Hotel
Residential
Attractions/
Recreation
TOTAL
7,250,000
SF GFA
4,339
0.0005985
$
0.031/SF
$
225,000
1,050,000
SF GFA
545
0.0005190
$
0.027/SF
$
28,400
-500,000
SF GFA
57
0.0001140
$
0.006/SF
$
3,000
300,000
SF GFA
397
0.001320
$
0.068/SF
$
20,400
1,050,000 SF
139
0.0001324
$
0.007/SF
$
7,350
1,000
Rooms
202
0.202
$
10.478/Room
$
10,500
(700,000
SF GFA)
(0.0002886)
(0.015/SF)
3,550
DU's
483
0.1360563
$
7.057/DU
$
25,000
(3,550,000
SF GFA)
(0.0001442)
(0.007/SF)
3,400
Seats
7
0.0020538
$
0.107/Seat
$
350
(68,000
SF GFA)
(0.0001029)
(0.005/SF)
6,169
$ 320,000
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 $51,372 per trip end (total projected Air Quality Costs per Downtown
DRI,of $320,000 : 6,169 trip ends)
Note 3: General Office and Government Office have been combined as one land use.
z
1.4
1
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
75
TO
Honorable Mayor and Members of DATE FILE
the City Commission
5U8'E" Downtown Development
Supplemental Fee Ordinance
REFERENCES �R`A
Cesar H. Odio Agenda Item for July 14, 1988
City Manager ENS�OSURLS
RECOMW NDATI ON :
It is respectfully recommended that the Commission adopt the attached
ordinance imposing a Downtown Development Supplemental Fee" on new
development within the boundaries of the Downtown Development of Regional
Impact (DRI); thereby transferring the costs associated with the Downtown DRI
to the development benefiting therefrom. Since the approval of first reading
of this ordinance, the City administration has met with representatives of
property owners affected by this ordinance regarding certain changes
identified during the first reading before the City Commission, to resolve
outstanding issues. These changes are reflected on the attached excerpts of
the proposed fee ordinance where on page 3 intent, line (9) the words
'application for' has been stricken and the wore— 'approval of" has been
inserted.
BACKGROUND:
On December 10, 1987, as recommended by the Planning Department and Planning
Advisory Board, the Commission adopted the Master and Increment I Development
Orders (D.O.'s) for Downtown Miami by Resolutions 87-1148 and 87-1149. 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 28, 1988, when the Governor and
Cabinet settled the appeal.
The Increment I D.O. requires the City to pay a mitigation fee of $7.5 million
for impacts caused by new development on the regional roadway system.
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 $320,000. The "Downtown Development
Supplemental Fee" would proportionally distribute the $7.5 million and the,
$320,000 costs among all Net 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.
-7,5—/
10461
Honorable Mayor and Members of
the City Commission
In addition to regional transportation mitigation and air quality fees, the
proposed "Downtown Development Supplemental Fee" includes a fee of 4.8 cents
per square foot to reimburse the City for the costs of preparing the Downtown
DRI and Master Plan; and a fee of 5 cents per square foot to cover the
administrative costs of enforcing the requirements of the Downtown DRI. These
last two components of the fee, if the City Commission approved the change
attached to this memorandum, would be assessed on all new development and
would be collected at the time of approval of a Major Use Special Permit
(M.U.S.P.), 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 "Downtown Development
Supplemental Fee" would be as follows for each land use:
Office
$
0.861
per
square
foot
Retail/Service
$
0.760
per
square
foot
Convention
$
0.243
per
square
foot
Institutional
$
1.786
per
square
foot
Wholesale/Industrial
$
0.267
per
square
foot
Hotel
$
0.466
per
square
foot
Residential
$
0.281
per
square
foot
Attractions/Recreation
$
0.229
per
square
foot
The "Downtown 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, and air quality impacts on
expenses for plannin'ngand -administration.
Pursuant to the instructions of the City Commission, at the time of approval
of the ordinance on first reading, the City Administration has met with
various representatives of property owners in the Downtown area to resolve the
several issues raised at the first reading, regarding the time of payment of
the DRI Master Plan/Recovery Fee and the DRI Administration Fees. As a result
of these meetings, the City Administration has concluded that the DRI/Master
Plan Recovery Fee and the Administration Fee would be more equitably assessed
if they are paid at the time of approval of a MUSP; and approval of Projects
which do not require a MUSP be required to pay both fees at the time of a
Class C permit or building permit.
To implement these requirements two small changes are necessary: on page 3,
lines 9 and 10, section 13.A-2 INTENT - should be changed to read "upon
approval of certain permits" instead of "upon application for certain
permits"; on page 14, lines 3, Section 13.A-8; to read "at the time of
approval of a MUSP", instead of "at the time of application for a MUSP,".
Page 2 of 2
-75-2
iO4GI:
r-..
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
�d
TO. Honorable Mayor and Members of DATE: J U N 16 1966 FILE:
the City Commission
SUBJECT: Downtown Development Supplemental
Fee Ordinance
FROM:
1 REFERENCES:
Cesar H. Odio",�. Agenda Item for June 23, 1988
City Manager ENCLOSURES:
1
It is respectfully recommended that the Commission adopt the attached
ordinance imposing a "Downtown Development Supplemental Fee" on new
development within the boundaries of the Downtown Development of - Regional
Impact (DRI); thereby transferring the costs associated with the Downtown DRI
to the development benefiting therefrom.
On December 10, 1987, as recommended by the Planning Department and Planning
Advisory Board, the Commission adopted the'Master and.Tncrement I Development
Orders (D.O.Is) for Downtown Miami by Resolutions 87-1148 and 87-1149. Those
D.0.'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 are anticipated to become effective on June 28, 1988,
when the Governor and Cabinet are scheduled to consider the appeal settlement.
The Increment I D.O. requires the City to pay a mitigation fee of $7.5 million
for impacts caused by new development on the regional roadway system.
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 $320,000. The "Downtown Development
Supplemental Fee" would proportionally distribute the $7.5 million and the
$320,000 costs among all Net 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 "Downtown Development Supplemental Fee" includes a fee of 4.8 cents
per square foot to reimburse the City for the costs of preparing the Downtown
DRI and Master Plan; and a fee of 5 cents per square foot to cover the
adrrl-nistrative costs of enforcing the requirements of the Downtown DRI. These
i
Honorable Mayor and Members of
the City Commission
last two components of the fee would be assessed on all new development 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 "Downtown Development
Supplemental Fee" would be as follows for each land use:
Office
$
0.8G1 per square
foot
Retail/Service
$
0.760
per square
foot
Convention
$
0.243
per square
foot
Institutional
$
1.786
per square
foot
Wholesale/Industrial
$
0.267
per square
foot
Hotel
$
0.466
per square
foot
Residential
$,
0.281
per square
foot
Attractions/Recreation
$
0.229
per square
foot
The "Downtown 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, and air quality impacts on
expenses for planning and administration. ,
Page 2 of 2
CITY OF MIAMI, FLORIDA
INTER-O;FFIgE_, MEMORANDUM
TO: Matty Hirai
City Clerk
FROM : O 1 E . Ma Xw 1
A sistant City Attorney
4
LATE r'
t„ ;SUBJECT.
REFERENCES
ENCLOSURES
August 5, 1988 FILE
Downtown DRI Supplemental
Fee Ordinance
Ordinance No. 10461;
Agenda Item No. 75, CC Mtg.
of 7/14/88
Attached, hereto, is amended Ordinance No. 10461, which was
passed and adopted by the City Commission on second and final
reading July 14, 1988. The title has been amended to reflect the
fact that the New Chapter 13.A 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/P620
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.)
L_
MIAMI REVIEW
Published Dally 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 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
ORDINANCE NO. 10461
"DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE"
In the ...... X. K. X.......................... Court,
was published In said newspaper In the Issues of
July 26, 1988
Afflant further says that the said Miami Review is a
newspaper published at that
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 mall matter at the post office In Miami in said
Dade County, Florida, for a perlod of one year next preceding
the first publication of the attached copy of advertisement; and
affiant further says that she has no"aid nor promised any
person, firm or corporation an scoun , rebate, commission
or re�fyynnd for the purpose of curing t is advertisement for
pubIKa}ign in thaAald new .
w ... _..... ..``A..
° Sworn to PTfdr�yu
..2.6.. irey of. .�NQ.TA#u
• � fJp{aLy i�illll� S
(SEAL) > Gi N
My Commis p'1�i pites.ApA14W.
MR 114 /.1/I/f� IItiNO```
4cribed before me this
A.D.19...... 88
ry1�Mr.`'....... .
tatfrof Florida at Large
40-R 'AND'40,2�!1rf�F"&
1`109AL E.R AROV)SIQN AND
" QRDII�AN�
AN t?RDINANCE QRATlNR'
EVALUATING" ISSUES` RELATED TO THE
nFVFI APKAMI r' nr.'nirv.�u,.nrn I.,.�.-
1 WA .
AIAMI
�Tgk',
AND
L
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
Sookle 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: WATERFRONT ADVISORY BOARD
In the ............ X........................... Court,
was published in said newspaper In the Issues of
July 1, 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
affiant further says that she has neither paid nor promised any
perao rm or corporation any discount, rebate, commission
or re for the purpose of securing this advertisement for
publ on In the sa`q%gV":p�
` SAN
• • '%
'• Sworn to and s6pscri6ed before me this
Coo
d8 N to A.D. 19..... 8 8
• ten San
c
NQIW% BublASt$ of on a at Large
RC 0 RID
MEA
y Commission expflddlUUtl V'1, 1991.
MR 114A