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File Number: 05-00224 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHPATER 13
OF THE MIAMI CITY CODE, AS AMENDED, BY AMENDING ARTICLE II.
DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE IN ORDER TO MODIFY
PROVISIONS RELATED TO THE DOWNTOWN DEVELOPMENT OF REGIONAL
IMPACT (DRI) INCLUDING CLARIFICATION OF CERTAIN DEFINITIONS,
PROVIDING FOR AN UPDATED FEE TABLE AND ADDING A CONSUMER PRICE
INDEX; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission after careful consideration of this matter deems it advisable and
in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance
No. 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Chapter 13 of the Miami City Code, as amended, is hereby amended by amending the
text of said Ordinance as follows:/
"CHAPTER 13 Development Impact and Other Related Fees.
ARTICLE II. DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE*
*Editor's note: The exhibits referred to in this article are not reproduced in the Code; they can be
found on file in city records in the office of the city clerk.
Sec. 13-51. Short title.
This article shall be known and cited as the "City of Miami downtown development supplemental fee
ordinance."
Sec. 13-52. Intent.
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(a) This article 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 section
13-53. The downtown development supplemental fee comprises 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 set forth in Exhibit B of Resolution 02-1307 since the demand for the mitigation is
uniquely attributable to such new development and net new development on an area -wide basis.
*Editor's note: The exhibits referred to in this article are not reproduced in the Code; they can be
found on file in city records in the office of the city clerk.
(b) This article shall be uniformly applicable to all new development and net new development within
the project area. This fee shall not be applicable to any activity which is not classified as -'new
"net new development" as defined herein or which has, on the effective date of the
Master and Increment I downtown DRI development orders, a valid building permit or currently
effective DRI development order.
Sec. 13-53. Definitions.
As used in this article, the following words and terms shall have the following meanings, unless
another meaning is plainly intended:
ADA or application for development approval shall mean the original application for development
approval for the downtown Miami project area filed by the DDA on November 25, 1986, pursuant to F.
S. § 380.06 (1987); as amended by the Increment II ADA filed by the DDA on February 13, 2002.
Administration fees shall mean a fee charged to all new development to pay for the city's
administrative costs for enforcing the terms and conditions of the downtown development orders,
including but not limited to preparation of ordinances and procedures, review of permit applications,
monitoring compliance with requirements, and enforcing violations; and which shall be a component of
the downtown development supplemental fee.
Air quality fees shall mean a fee charged to all net new development to pay for the for the city's costs
for air quality monitoring, modeling and mitigation measures as required in the increment I Increment I
and II development orders for downtown Miami; and which shall be a component of the downtown
development supplemental fee.
Applicant shall mean an individual, corporation, business trust, estate, trust, partnership, association,
two or more persons acting as coapplicants, 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.
Attractions/recreation use shall mean theaters, performance halls, sports arenas, museums, and
similar cultural, entertainment, or recreational facilities.
Building permit shall mean any permit required for new construction and additions pursuant to section
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344-of the South Florida Building Code.
CADA or consolidated application for development approval shall mean the revised ADA prepared
pursuant to the requirements of F.S. § 380.06 (1987 2004).
Central business district shall be as defined in section 13-5.
Certificate of occupancy shall mean a permanent or temporary and/or partial certificate of occupancy
issued, pursuant to cection 307 of the S-outh Florida Building Code.
City shall mean the City of Miami, Florida.
Class II special permit shall have the meaning given within city Ordinance Number 11000, as
amended, the zoning ordinance for the City of Miami.
Commission shall mean the city commission of Miami, Florida.
Comprehensive plan shall mean the city's plan for future development adopted by city Ordinance
Number 10544, and as may be amended and updated from time to time.
Convention use shall mean meeting rooms, banquet halls, exhibition hails, auditoriums, and their
auxiliary spaces intended for use by conventions, seminars, exhibitions, and the like; which shall
exceed the minimum standard for ancillary facilities within the definition of "hotel use."
DDA or downtown development authority shall mean the downtown development authority of the City
of Miami, Florida.
DO or downtown development order shall mean the master and/or ilncrement I, and/or Increment 11
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, and 02-1307.
Downtown development supplemental fee shall mean a fee charged to net new development in the
project area comprised of components including a transportation mitigation fee, an air quality fee, an
administration fee, and a DRI/master plan recovery fee which are assessable to the net new
development according to the provisions of this article.
Downtown development supplemental fee coefficient shall mean the charge per unit of land use as
calculated for each component of the downtown development supplemental fee.
DRI shall mean development of regional impact.
DRI/master plan recovery fee shall mean a fee charged to all net new development to reimburse the
city and/or DDA 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.
DU or dwelling unit shall have the meaning given to "dwelling unit" in the zoning ordinance.
Hotel use shall mean any facility containing more than one "lodging unit," as defined in the zoning
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ordinance; and may include meeting and banquet facilities and convenience goods and services for
hotel guests, provided that the total of such ancillary facilities shall not exceed 15 percent of the gross
square footage of the proposed hotel.
Institutional use shall mean hospitals, universities, schools, and post offices.
MUSP or major use special permit shall mean a special permit issued by the city commission pursuant
to Ordinance Number 11000, the zoning ordinance of the City of Miami, as amended.
of- land, of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross
vehicle 44p-gerleratitiVity-4,1441-44as--on-ther-efferAi-ve-d-ate-Gf--the--el-eveloo-rder-a-valid
development. The planning, building and zoning 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
Net new development shall mean any construction or reconstruction 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, 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
this 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 peak hour vehicle trip generation. Any activity which has, on the effective
date of this 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 floor area, if he or she finds that
such development would have no regional impact as measured by peak hour vehicle trips.
„idential dwelling units, hotel rooms, e ats in attractions/recreation
fae �c „quarc footage for office, retail/service, convention, wholesale/industrial, or
institutional uses, The term "new development" as used herein shall not be deemed to include
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Office use shall mean space for the conduct of the administrative functions of government or business
and professional activities not including sales of merchandise off the premises, and not including
personal services as defined herein under "retail/service use."
Owner -occupied shall be as defined in section 13-5.
Parcel of land shall mean, pursuant to F.S. ch. 380, 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.
p.m. peak hour external motor vehicle trips means the average number of trips per hour during the
afternoon peak period from 4:00 to 6:00 p.m. generated by motor vehicles, excluding public transit
vehicles, that have either an origin or a destination within the project area.
Project area shall mean the area included within the legal description as set forth in Exhibit B of
Resolution 02-1307.
as "Dark West n
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*Editor's note: The exhibits referred to in this article are not reproduced in the Code; they can be
found on file in city records in the office of the city clerk.
Residential use shall mean any "dwelling units" as defined in the zoning ordinance.
Retail/service use shall mean space for the sale of merchandise, eating and/or drinking
establishments, and personal services such as but not limited to hair salons, travel agencies,
laundries, dry cleaners, bank tellers, photographers, shoe repair, tailoring, etc.
Room shall have the meaning given to "lodging unit" in the zoning ordinance.
SF, gross square feet, or gross square footage shall have the meaning given to "floor area" in the
zoning ordinance.
Site shall mean a legally described parcel of property capable of development pursuant to applicable
city ordinances and regulations.
Total allowable development shall mean the quantity 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 2004).
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 i-Increment I and Increment II development order for downtown
Miami; and which shall be a component of the downtown development supplemental fee.
Wholesale/industrial use shall mean manufacturing, wholesale trade, warehousing and storage,
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printing, automotive and heavy equipment repair, and other general commercial uses permitted within I
(industrial) districts in the zoning ordinance.
Zoning ordinance shall mean city Ordinance Number 11000, as amended, or a successor ordinance,
the zoning ordinance of the City of Miami.
Sec. 13-54. 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 VI!, sections 1(f), 1(g) and 2(b),
the Municipal Home Rule Powers Act, F.S. ch. 166 (1985), the city Charter, the Local Government
Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161, et. seq. , as
amended by F.S. § 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, and 02-
1307 as amended. The provisions of this article shall not be construed to limit the power of the city to
adopt such article 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 substitution of, or in
conjunction with this article.
Sec. 13-55. Imposition of fee.
a) Except as may be provided section 13-58, Nno building permits or major use special permits
shall be issued for any new development as herein defined unless the applicant therefore has
paid the downtown development supplemental fee imposed by and calculated pursuant to this
article.
b) Notwithstanding the foregoing, for any proiect that requires payment of downtown development
supplemental fees prior to the issuance of a building permit, the Director of the Planning and
Zoning Department may grant an extension of time, pursuant to a written request by an
applicant. for such payment of fees from time of foundation permit to time of shell
permit only. upon a finding that the time extension is warranted due to particular
financing aspects of the proposed project.
pi Payment of required downtown development supplemental fees from governmental agencies
or authorities, that do not have to obtain building permits from the City of Miami. shall be due
prior to commencement of construction of the proposed project.
Sec. 13-56. Downtown development supplemental fee coefficients.
(a) 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 gross square footage of floor area)
City of Miami
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Land Use
Office
Retail/service
Convention
Institutional
Wholesale/Industrial
Hotell
Residential2
Recreation3
Notes:
Transportation
Mitigation
$0.719
$0.936
$0.217
$0.280
$0.188
$0.361
$0203
$0.437
Air Quality DRI! DRI Total Fee
Master Plan Administrations Coefficient
Recovery4
$0.031 $0.1149 $0.2296 $1.094
$0.051 $0.1149 $0.2296 $1.332
$0.028 $0.1149 $0.2296 $0.589
$0.036 $0.1149 $0.2296 $0.661
$0.024 $0.1149 $0.2296 $0.557
$0.018 $0.1149 $0.2296 $0.724
$0.011 $0.1149 $0.2296 $0.558
$0.002 $0.1149 $0.2296 $0.783
1 These fee coefficients for hotel use are based upon an assumed average of 700 SF per hotel
room, and shall be adjusted for each development based upon a transportation mitigation fee
of $285.60 per room and an air quality fee of $12.69 per room.
2 These fee coefficients for residential use are based upon an assumed average of 1,000 SF
per DU, and shall be adjusted for each development based upon a transportation
mitigation fee of $202.61 per DU and an air quality fee of $10.50 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 $8.74 per seat and an air quality fee of $0.03 per seat.
4 DRI/Master Plan Recovery. The total cost to the city for the Downtown Transportation Master
Plan, the Increment II DDRI Applications, the Downtown Master Plan and related studies is
estimated to be $1,700,00, 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 13,505,000 SF during the time that the Increment II development order is in
effect.
5 Administration. The administrative cost to the city for enforcing the requirements of the
development order is estimated to be $500,000.00 per year or a total of $3,500,000.00 during
the seven years that the Increment II development order is projected to be in effect. These
administrative costs 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
13,505,000 SF during the time that the Increment II development order is in effect.
(b) The proportionate share for each unit of land use is calculated as follows:
(1) Transportation mitigation. The increment I and II development orders combined require an
updated fee of $10,572,656.00 (in 2002 dollars) to mitigate the regional transportation impacts of
total allowable development. This fee was derived from estimated improvements necessary to
maintain the minimum level of service standard on regional roadways impacted by total allowable
development (see exhibit 2*). The regional transportation mitigation fee of $10,572,656.00 is
distributed among units of land use in total allowable development based upon the average rate of
generation of p.m. peak hour external motor vehicle trips, as utilized in the CADA (see exhibit 3*).
*Editor's note: The exhibits referred to in this article are not reproduced in the Code; they can be
found on file in city records in the office of the city clerk.
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(2) Air quality. The increment I and II development orders require 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 estimates its total cost for
compliance with the air quality requirements of the increment 1 and II development orders combined to
be $534,598,00 in 2002 dollars (see exhibit 4*), which is distributed among units of land use in total
allowable development based upon the average rate of generation of p.m. peak hour external motor
vehicle trips, as utilized in the CADA (see exhibit 5*).
*Editor's note: The exhibits referred to in this article are not reproduced in the Code; they can be
found on file in city records in the office of the city clerk.
(3) DRI/master plan recovery. The total cost to the city for preparing the Downtown Transportation
Master Plan, the Increment 11 Downtown DRI Application, and the Downtown Master Plan and related
studies is estimated to be $1,700,000.00, which shall be distributed equally among all net new
development on the basis of gross square footage of floor area. The total amount of net new
development is estimated to be 13,505,000 SF during the time that the increment 11 development
order is in effect.
(4) Administration. The administrative cost to the city for enforcing the requirements of the
development order is estimated to be $500,000.00 per year or a total of $3,500,000.00 during the
seven years that the increment 11 development order is projected to be in effect. These administrative
costs shall be distributed equally among all net new development on the basis of gross square footage
of floor area. The total amount of net new development is estimated to be 13,505,000 SF during the
time that the increment II development order is in effectSec. 13-56.1. Consumer Price Index
Adjustment
The coefficients in the table above shall be adjusted annually on May 1st ofch ear with the first
adjustment occurring on May 1st, 2005 by multiplying each coefficient in the table by the formula set
forth in this paragraph (the "Adjustment Factor"). The Adjustment Factor shall be the lesser of (i) the
percentage increase n the annual Consumer rice Index of the prior calendar year as compared to the
annual Consumer Price Index for 2003 (184.0), or (ii) seven percent (7%) per year compounded for
each year after 2004. The formula for the Adjustment Factor is as follows:
Prior year's Consumer Price Index = Adjustment Factor
184.0
For these purposes, the Consumer Price Index to be utilized shall be that published by the Bureau of
Labor Statistics of the U.S. Department of Labor, using the U.S. City Average, all Urban Consumers (
1982 - 1984 = 100) Not Seasonally Adjusted. In no event shall the Adjustment Factor for any year be
less than one (1). In the event that the Consumer Price Index referred to above is no longer
published, then a comparable index which measures inflationary factors, and the corresponding
decrease in the purchasing power of the U.S. Dollar, shall be selected by the City of Miami, and the
Adjustment Factor shall be based upon such index.
Sec. 13-57. Procedure for calculation of downtown development supplemental fee.
Upon receipt of an application for a building permit or a MUSP for a new development, the planning;
building and zoning department shall determine the amount of the downtown development
supplemental fee due pursuant to the following procedure:
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(1) Determine whether the development is exempt by virtue of the conditions specified herein.
Any net new development that is exempt from the imposition and payment of
development impact fees pursuant to subsection 13-2(b)(8) shall additionally be exempt from the
imposition and payment of the proportionate share of the downtown development supplemental fee
attributable only to the DRI/master plan recovery and administration. Said exemption shall not extend
to the imposition and payment of the proportionate shares for transportation mitigation and air quality.
(2) 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 p.m. peak hour external motor vehicle trips.
(3) 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.
(4) Multiply the appropriate units of each land use in the development by the appropriate downtown
development supplemental fee coefficients.
(5) Upon written request of the applicant, review and reduce adiust the amount of downtown
development supplemental fee calculated, if appropriate.
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Sec. 13-58. Administration of downtown development supplemental fee.
(a) Collection of downtown development supplemental fee. Downtown development supplemental
fees due pursuant to this article for administration fees and DRllmaster plan recovery fees shall be
collected by the planning, building and zoning 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
supplemental fees due pursuant to this article for transportation impacts and air quality impacts shall
be collected by the planning, building and zoning department at any time prior to issuance of a building
permit (except as specified in Sec. 13-55).
(b) Transfer of funds to finance department. Upon receipt of downtown development supplemental
fees, the planning, building and zoning 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 funs of such account.
(c) Establishment and maintenance of accounts. The ity finance department shalesablish separate
accounts and maintain records for each such account, whereby downtown development supplemental
fees collected can be segregated by eac of the four fee componets: transportation mitigation fees, air
quality fees, DRI/master plan recovery fees, and administration fees.
(d) Maintenance of records. The city finance department shall maintain andkeep adequatefinancial
records for each such account which shall show the source and disbursement of al revenues, which
shall account for all moneys rceived; and which shall ensure that the disbursement of funds from 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, construction, land acquisition,
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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 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 noncommencement 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 petition 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 purpose. 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, building and zoning 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 petitioner, 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 encumbered or spent in accordance with the requirements of
this article. 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 subsection shall be returned with interest at the rate of
three percent 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 are deemed necessary as a result of:
(1) Development 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 relevant.
Sec. 13-59. 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 furtherance of the provision of downtown
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development supplemental fee -related projects. Funds pledged toward retirement of bonds, revenue
certificates or other obligations of indebtedness for such projects may include impact fees and other
city revenues as may be allocated by the city commission. Fees paid pursuant to this article, however,
shall be restricted to use solely and exclusively for the purposes of the article and for financing,
directly, or as a pledge against bonds, revenue certificates and other obligations of indebtedness.
Sec. 13-60. Appeal procedures; impact fee board of review.
The downtown development supplemental fee ordinance hereby incorporates by reference the appeals
board and procedure as set forth in sections 13-16, 13-17, 13-18, 13-19 and 13-20 of the city Code
and hereby establishes their applicability for any appeals undertaken pursuant to this article.
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Sec. 13-61. Effect of downtown development supplemental fee on planning, zoning,
subdivision, and other regulations.
This article shall not affect, in any manner, the permissible use of property, density of development,
design 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.
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Sec. 13-62. 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 permits. 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 development of land. In no event shall a property owner be obligated to pay for
the same improvement(s) in an amount in excess of the amount calculated pursuant to this article;
provided, however, that a property owner may be required to pay, pursuant to Metropolitan Miami
Dade County, state, and/or city regulations, for other public facilities in addition to the supplemental
fee related improvements as specified herein.
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Sec. 13-63. Conflicting ordinances.
All ordinances, Code sections, or parts thereof in conflict herewith are hereby repealed to the extent of
such conflict.
Sec. 13-64. Severability.
In the event that any portion or section of this article or the development orders for downtown Miami
are determined to be invalid, illegal, or unconstitutional by a court or agency of competent jurisdiction,
such decision shall in no manner affect the remaining portions of this article or the development orders
for downtown Miami, which shall remain in full force and effect.
Sec. 13-65. Findings.
The city commission of Miami, Florida (hereinafter "commission") hereby finds and declares that:
City of Miami
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(1) The real property which is the subject of this article, the project area, is legally described in exhibit
as set forth in Exhibit B of Resolution 02-1307.
*Editor's note: The exhibits referred to in this article are not reproduced in the Code; they can be
found on file in city records in the office of the city clerk.
(2) The DDA has filed a CADA with the city, the South Florida Regional Planning Council, and the
Florida department of community affairs.
(3) 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 significance. The CADA seeks a single state DRI review process for overall
phased development of the downtown area rather than requiring each individual DRI scale
development within the downtown area to be reviewed separately other than for a major use special
permit and as a means of accommodating the impacts of the non-DRI scale cumulative growth on the
downtown area.
(4) 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 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) (19872004), the
CADA seeks master development approval for three increments of development over a period of
approximately 25 years and specific development approval for iincrement I and Increment II , which is
Subsequent
incremental applications may need to be adjusted to more nearly serve the evolution of market
demand and technologies.
(5) The project area contains a total of approximately 839 903 acres, including approximately 78 acres
presently 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.
(6) 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.
(7) 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 Assessment
for Downtown Miami," dated October 5, 1987 and "Development of Regional Impact Assessment for
Downtown Miami" dated July 1, 2002.
(8) Net new development imposes demands upon public facilities and services benefiting the region
and requires additional regional infrastructure.
(9) 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.
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File Number: 05-00224
(10) 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.
(11) The downtown DRI and the downtown master plan are of benefit to all net new development in
the project area and expenses incurred by the city and/or DDA in connection with the preparation and
adoption of the downtown DRI/master plan, and future related studies., and for the enforcement of the
development orders should be reimbursed to the city by the net new development benefiting
therefrom.
(12) 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) administration fee. The most appropriate measure to distribute the
proportionate share of the cost of the transportation mitigation fee and the air quality fee shall be the
average rate of generation of p.m. 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 allocated to all net new development at an equal rate for all land use
categories.
(13) The downtown development supplemental fee is being imposed on all net new development in
order to pay the costs of certain development order related requirements, as described above. Since
the demand for such development order related requirements 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.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of 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 thirty (30) days after final reading and adoption
thereof.
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
[Enter Footnote here]
City of Miami
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