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WHEREAS, "Community Revitalization Districts" have now been superceded, via Resolution No.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
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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.
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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
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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.
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