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HomeMy WebLinkAboutM-86-0633ya: s, CITY OF MIAM1, FLORIDA �� INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of DATE: J U L 181986 RILE: the City Commission N SUBJECT, Discussion Item: Status Report - Impact Fee Ordinance FROM: �1 REFERENCE, genda Item: City Commission Cesar H. Odio " Meeting City Manager ENCLOSURES: This Status Report on the proposed Impact Fee Ordinance responds to City Commission discussion of the item on May 7, 1986. The Commission is invited to comment. The Planning Department has expanded the scope of the proposed Impact Fee Ordinance to include all new development in the City. As you recall the previously proposed OrdTn`ance included only that development exceeding gross FAR 1.72. The purpose of this memo is to provide Commission members with a status report on the City's revised Ordinance, its rationale, policies and limitations. Background In the Spring of 1982, the City of Miami contracted with the firm of Freil ich b Leitner, P.C. (now Herrick, Feinstein), to develop an impact fee ordinance for the City of Miami. In March, 1983, the firm prepared an outline for a draft - ordinance. On May. 7, 1986 the Planning Department presented the Intensive c, Development Impact Fee Ordinance to the Commission for first reading. Since that `v time, the Planning Department has been working with the Departments of Finance, Management and Budget, Poi ice, Fire, Public Works, Parks and Recreation and Solid Waste to develop the necessary capital improvement cost estimates. Rationale Impact fees are but one means of producing revenue for infrastructure improvements in the City. Other means include city bonds, special assessments and developers exactions. City bonds and special assessments are used to finance existing infrastructure needs, while impact fees and developer exactions are used to meet the special and separate needs created by new development. The City Impact Fee Ordinance is an attempt to insure that specifically needed infrastructure would be financed by� requiring affected developments to pay their fair share of the cost for the particular infrastructure need they are creating. Requirements for a Valid Impact Fee -- Only capital improvements (not services) can be financed by the impact fee; Page 1 of 3 86-b 3%' 86-* 3v, gig: AWN The need for the facility or capital improvement must be demonstrated; -- The facility or capital improvement must be identified as specifically serving or benefiting those upon whom the fee will be assessed; -- The fee must be allocated proportionately among different classes of users in an equitable, non-discriminatory manner; -- The facility or capital improvement cannot serve the public -at -large, but must serve those in a specific geographic area or subarea; -- The impact fee must be based upon the cost of the facility or capital improvement to be provided; -- The total of fees may not exceed the cost of the facility or capital improvement; -- The funds collected must be specifically "earmarked" for the facility or capital improvement; -- The ordinance should specify a time frame for the facility or capital improvement for which the fee is collected to be provided; -- The fee must be reasonable as to the amount in relation to the value of property or buildings. The Planning Department is proceeding with the development of the Ordinance using the following criteria as guidelines. The Commission is invited to comment. Policy Decisions -- The City would be divided into distinct geographic areas (initially the six Planning Districts) in order that provided capital improvements reasonably relate to development in that geographic area and thereby meet the legal requirement of a rational nexus test; In the case of fees assessed for parks and recreation facilities the assessment shall be composed of the applicant's fair share contribution toward parks serving both immediate area and larger city-wide needs; However, the amount of the fee would not differ across the different designated areas of the City; -- The fee would apply to all new development in the City which results in a net increase in either the number of residential dwelling units ( including single family residences) or square footage of use, either residential or non- residential, in excess of 1000 square feet; -- The amount of the fee would be determined by estimating the cost of providing capital improvements, through the year 2005, of the following types: street improvements, sewer improvements, parks and recreation facilities, fire rescue facilities and equipment, police facilities and equipment, solid waste collection facilities and equipment and other general government capital improvements. Capital improvement costs would be determined by applying relevant standards and cost estimates; Page 2 of 3 i A' -- Developers would be allowed credits, off -setting a portion or all of the 3` assessed fee, for providing specifically intended improvements to infrastructure in the area or providing facilities serving the purposes specifically intended by the impact fee ordinance; -- Only development which would be City -owned and operated would be exempted from the impact fee; -- The assessment of an impact fee on a development does not preclude the possibility of additional assessments for a development -specific located facility or for capital improvement needs not included in the impact fee -supported Capital Improvement Program; at the same time, developments must not be charged separately for facilities or capital improvements already covered in the impact fee - supported Capital Improvement Program; -- A "needs assessment" would not be made, rather, it would be assumed that all existing facilities in all areas are satisfying existing needs and . impact fee - funded improvements benefit additional growth only; -- Additional fees would be charged by the City to finance State and County -owned and provided capital improvements and facilities upon submittal of the fee to be charged by these entities acceptable to the City; -- The fee, in its entirety, would be charged at the time of building permit issuance; -- After the City's determination of the amount of the development impact fee or credit due, an applicant may request a review of such fee; -- Fees collected would go 1hto special capital improvements funds set up for impact fee -related capital- improvements by capital improvement category for each specific geographic area; -- The City shall annually in conjunction with the annual- capital budget and capital improvements program adoption processes, review Impact Fee Ordinance procedures, assumptions, formulas, zone designation and fee assessments and make such modifications as are deemed necessary; -- Using the proceeds of the impact fees, 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 the event that a fee collected has not been spent or encumbered by the end 3 of the calendar quarter immediately following nine (9) years from the date the fee was collected, the money shall be returned with interest at the rate of h jyµ (3%) per annum. a': F 9: f tS Lin Page 3 of 3 Q6-632' dti-baa