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HomeMy WebLinkAboutO-12589City of Miami Legislation Ordinance: 12589 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00734 Final Action Date: 9/23/2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION, RELATING TO DEVELOPMENT IMPACT FEES; AMENDING CHAPTER 13, SECTIONS 13-2(6)(3), 13-2(6)(4), 13-5, 13-6(3) AND 13-6(4) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ELIGIBLE IMPACT FEE EXEMPTION DESIGNATION AREAS FOR ALL DUPLEX AND RESIDENTIAL DEVELOPMENT FROM "COMMUNITY DEVELOPMENT TARGET AREAS" TO THE NEWLY CREATED COMMUNITY DEVELOPMENT DEPARTMENT CLASSIFICATION OF "NEIGHBORHOOD DEVELOPMENT ZONES;" CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE OF OCTOBER 1, 2004. WHEREAS, Chapter 13 of the Code of the City of Miami, Florida, as amended, entitled "Development Impact and Other Related Fees" provides for the imposition of Impact and related Supplemental Fees associated with new developments within the City of Miami ("City"); 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; and WHEREAS, the City Commission has determined, since the City's initial imposition of Development Impact Fees, that certain development activity be exempt from such imposition and payment; and WHEREAS, the City initially identified "Community Development Target Areas," as designated by the City's Department of Community Development, as areas in which all duplex and residential development should qualify for such exemption; and WHEREAS, said "Community Development Target Areas" were succeeded in 1999 by "Community Development Revitalization Districts," when the City Commission approved the current Five Year Consolidated Plan (1999-2004); and WHEREAS, "Community Revitalization Districts" have now been superceded, via Resolution No. 04-00587, adopted June 10, 2004, by a new entity entitled "Neighborhood Development Zones" ; NOW, THEREFORE, BE IT ORDAINED BY THE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. City of Miami Page 1 of 4 File Id: 04-00734 (Version: 2) Printed On: 9/30/2016 File Number: 04-00734 Enactment Number: 12589 Section 2. Chapter 13 of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars:{1} "Chapter 13 DEVELOPMENT IMPACT AND OTHER RELATED FEES Sec. 13-2. Findings. ARTICLE I. IN GENERAL * (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: (3) All duplex in multiple family residential development located in the city's designated community development target areas neighborhood development zones or their equivalent as defined within the effective community development block grant program plan approved by the city and accepted by the U.S. Department of Housing and Urban Development, as may be amended; (4) All duplex and multiple residential development, outside of the community development target areas neighborhood development zones or their equivalent as stipulated hereinabove, which is certified by the Department of Community Development as 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. City of Miami Page 2 of 4 File Id: 04-00734 (Version: 2) Printed On: 9/30/2016 File Number: 04-00734 Enactment Number: 12589 Sec. 13-5. Definitions. As used in this chapter the following words and terms shall have the following meanings, unless another meaning is plainly intended: Community development target area(s) shall mca-n-tha e geographical or s of the city designated as such by the city's department of community development or its succcc.cor agency or department, using guidelines and criteria established by the U.S. Department of Housing and Urban Development or its successor department or agency. Multiple -family development shall have the meaning given it in city Ordinance Number 11000, as amended, the city zoning ordinance for the City of Miami. Neighborhood Development Zones shall mean those geographical areas of the city designated as such by the city's department of community development or its successor agency or department, using guidelines and criteria established by the U.S. Department of Housing and Urban Development or its successor department or agency. Sec. 13-6. Applicability of impact fee. This chapter shall be uniformly applicable to all new development, exclusive of single-family, city -owned or operated facilities and certain other development as specifically defined herein. Specifically exempted from such imposition and payment of said impact fees are: (3) All duplex in multiple family residential development located in the city's designated community development target areas neighborhood development zones or their equivalent as defined within the effective community development block grant program plan approved by the city and accepted by the U.S. Department of Housing and Urban Development, as may be amended; (4) All duplex and multiple residential development, outside of the community development target areas neighborhood development zones or their equivalent as stipulated hereinabove, which is certified by the Department of Community Development as affordable housing. For purposes of this Section, such waiver shall be City of Miami Page 3 of 4 File Id: 04-00734 (Version: 2) Printed On: 9/30/2016 File Number: 04-00734 Enactment Number: 12589 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 All Ordinances or parts of Ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section. 4 If any section, part of a section, paragraph, clause. phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective on October 1, 2004, after final reading and adoption thereof.{2} Footnotes: {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. City of Miami Page 4 of 4 File Id: 04-00734 (Version: 2) Printed On: 9/30/2016