HomeMy WebLinkAboutO-12542City of Miami
Legislation
Ordinance: 12542
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00656b Final Action Date: 6/10/2004
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION,
RELATING TO DEVELOPMENT FEES; AMENDING CHAPTER 13,
SECTIONS 13-2 (b)(4) AND 13-6(4) OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY CHANGING THE ELIGIBLE IMPACT FEE
EXEMPTION DESIGNATION FOR ALL DUPLEX AND RESIDENTIAL
DEVELOPMENT LOCATED OUTSIDE REVITALIZATION DISTRICTS, FROM
"LOW AND/OR MODERATE INCOME HOUSING " TO "AFFORDABLE
HOUSING" AND CLARIFYING QUALIFICATIONS FOR SUCH WAIVERS;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 13 of the Code of the City of Miami, Florida, as amended,
provides for the imposition of Impact and related Supplemental Fees associated with new
developments within the City of Miami ("City"); and
WHEREAS, the general use of the phrase "low and/or moderate income" as a criteria
for determining applicability and entitlement to Impact Fee waivers pursuant to Chapter 13 of
the City Code has proved difficult in recent years, because of multiple regulations and
institutions governing relevant Community Development Department operations; and
WHEREAS, it is the intent of the City to remove unnecessary development barriers, yet
encourage the construction of duplex and multiple family housing for individuals in
neighborhoods and income classifications that otherwise may not be the beneficiary of such
housing opportunities;
WHEREAS, "Community Development Target Areas " were succeeded, via Ordinance
No. 11817, which approved the current Five Year Consolidated Plan (1999-2004), by
"Community Revitalization Districts";
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1.The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2.Chapter 13 of the Code of the City of Miami, Florida, as amended, is further
amended in the following particulars:{1}
City of Miami
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File Number: 04-00656b Enactment Number: 12542
"Chapter 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE I. IN GENERAL
Sec. 13-2. Findings.
(b) The city commission hereby finds and declares that the impact fee
imposed herein upon all new nonresidential and new residential development as
further described below, in order to finance specified public facilities, the
demand for which is uniquely created by such new development, is in the best
interest of the city and its residents, is equitable, and does not impose an unfair
burden on such development. Specifically exempted from such imposition and
payment of impact fees are:
(4) All duplex and multiple residential development, outside of
the community development target areas or their equivalent
as stipulated hereinabove, which is certified by the city
department responsible for housing Department of
Community Development as low and/or modoerate ,e
affordable housing. For purposes of this Section, such
waiver shall be a pro rata amount represented by the
relationship of number of certified affordable housing units
in such development, which is the subject of the requested
waiver, to the total number of units in said development, as
determined by the Department of Community Development.
Sec. 13-6. Applicability of impact fee.
This chapter shall be uniformly applicable to all new development,
exclusive of single-family, city -owned or operated facilities and certain other
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File Number: 04-00656b Enactment Number: 12542
development as specifically defined herein. Specifically exempted from such
imposition and payment of said impact fees are:
(4) All duplex and multiple residential development, outside of
the community development target areas or their equivalent
as stipulated hereinabove, which is certified by the city
department responsible for housing Department of
Community Development as row and/or moderate -income
affordable housing. For purposes of this Section, such
waiver shall be a pro rata amount represented by the
relationship of number of certified affordable housing units
in such development, which is the subject of the requested
waiver, to the total number of units in said development, as
determined by the Department of Community Development.
*II
Section 3. The requirement of reading this Ordinance on two separate days is dispensed with
by an affirmative vote of not less than four -fifths of the members of the Commission.
Section 4. This Ordinance is declared to be an emergency measure on the grounds of urgent
public need for the preservation of peace, health, safety, and property of the City of Miami, and
upon further grounds of the necessity to make the required and necessary payments to its
employees and officers, payment of its debts, necessary and required purchases of goods and
supplies and to generally carry on the functions and duties of municipal affairs.
Section 5. The requirement of reading this Ordinance on two separate days is dispensed with
by an affirmative vote of not less than four -fifths of the members of the Commission.
Section 6. This Ordinance shall become effective immediately upon its adoption and signature
of the Mayor.{2}
Footnotes:
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{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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