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File Number: 05-01088 Final Action ➢ate:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING ARTICLE III, ENTITLED "SOUTHEAST OVERTOWN/PARK WEST
DEVELOPMENT SUPPLEMENTAL FEE," BY MODIFYING PROVISIONS RELATED
TO THE SOUTHEAST OVERTOWN/PARK WEST 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, A 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,
FLORIDA:
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 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*"
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*
ARTICLE Ill. SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL FEE*
Sec. 13-98. Findings.
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*
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(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(b) (20041987), the CADA
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seeks master development approval for three increments of development over a period of
approximately 2025 years and specific development approval for increment Increment I; and Increment
ll . Subsequent
incremental applications may need to be adjusted to more nearly serve the evolution of market
demand and technologies.
(7) The impacts found in the development order are consistent with the reports and
recommendations of the South Florida Regional Planning Council, entitled "Development of Regional
Impact Assessment for Southeast Overtown/Park West Community Redevelopment Area," dated
January 4, 1988 and "Development of regional Impact Assessment for Southeast Overtown/Parkwest -
Increment I," dated August, 1992.
*
(11) The Southeast Overtown/Park West DRI and the Southeast Overtown/Park West master plan
are of benefit to all net new development in the project area, and expenses incurred by the city in
connection with the preparation and adoption of the Southeast Overtown/Park West DRI/master plan
and for 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 Southeast Overtown/Park West development supplemental fee is
determined by the cost of the four components of the fee: 1) transportation mitigation fee; 2) air quality
fee; 3) Southeast Overtown/Park West DRI/master plan recovery fee; and 4) administrative 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 not appropriately allocated to all net new
development at an equal rate for all land use categories.
(13) The Southeast Overtown/Park West 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 Southeast OvertownlPark West 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.
(14) The primary objectives of the Southeast Overtown/Park West community development plan are
the removal of slum and blight and encouragement of affordable housing development.
(15) The city commission, via Resolution No. 87-619, has found that a housing emergency exists
within the city. This condition continues to exist. Thus, the findings and conclusions of Resolution No.
87-619 are incorporated herein by reference and made a part hereof.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-63)
Sec. 13-99. Authority.
The city commission is authorized to establish and adopt a Southeast OvertownlPark West
development supplemental fee pursuant to the authority granted by the Florida Constitution, article VII,
sections 1(f), 1(g) and 2(b); the Municipal Home Rule Powers Act, F.S. Ceh. 166 (19:52004); the city
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Charter; the Local Government Comprehensive Planning and Land Development Regulation Act (F.S.
§ 163.3161, amended by F.S. § 163.3177 in 1986); and the Southeast Overtown/Park West
Ddevelopment of Rregional limpact development order issued by Resolution Numbers 88-110,} and-
88-111,_and 92-609, 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.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-64)
Sec. 13-100. Imposition of fee.
(a) Except as may be provided in Section 13-104, no No building permits or major use special permits
shall be issued for any new development as herein defined unless the applicant therefor has paid the
Southeast Overtown/Park West development supplemental fee imposed by and calculated pursuant to
this article or payment of such fee as been borne by the city.
(b) Notwithstanding the foregoing, any project that requires payment of Southeast Overtown/Park West
supplemental fees prior to the issuance of a building permit, the Planning Director may grant one (1)
extension of time, not to exceed three hundred sixty days (360), pursuant to a timely 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.
(c) Payment of required Southeast Overtown/Park West 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.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-65)
Sec. 13-101. 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 far development approval shall mean the original application for development
approval for the Southeast Overtown/Park West community redevelopment project area filed by the
Ceity on February 6, 1987, pursuant to F.S. § 380,06 (4-9672004), as amended by the Increment it
ADA filed in 1992.
Affordable housing shall mean housing for families and individuals with incomes under 120 percent of
the median income in Miami -Dade County.
4-1-oi cinn onrl I lrhan Deyelopm n
Air quality fees shall mean a fee charged to all net new development to pay for the city's costs for air
quality monitoring, modeling and mitigation measures as required in the incremontlncrement I and
Increment II development orders for Southeast Overtown/Park West; and which shall be a component
of the Southeast Overtown/Park West development supplemental fee.
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Certificate of occupancy shall mean a permanent or temporary and/or partial certificate of occupancy
issued, pursuant to section 307 of -the South Florida Building Code.
*
CRA shall mean the City of Miami Southeast Overtown/Park West Community Redevelopment
Agency.
DO or Southeast Overtown/Park West development order shall mean the masterMaster and/or
incrementlncrement I and/or Increment ll development orders for the Southeast OvertownlPark West
community redevelopment area as a development of regional impact, issued by the city by Resolution
Numbers 88-110 and 88-111, and Resolution Number 92-609 as amended.
DRI shall mean development of regional impact. DRI/master plan recovery fee shall mean a fee
charged to all new development to reimburse the city and/or the CRA for costs incurred in the
DRI/master plan study and future related studies in accordance with the CADA and the Southeast
Overtown/Park West development orders; and which shall be a component of the Southeast
Overtown/Park West development supplemental fee.
*
Net new development shall mean any construction or reconstruction which will result in a
net increase, within any "Parcelparcel of Landland, of residential dwelling units, hotel rooms, seats in
attractions/recreation facilities or gross square footage for office, government, retaillservice,
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 {Manning, building and zoning director determines that there
was a valid Certificated of Occupancyoccupancy existing on the effective date of this
Development Order the development order for the land uses to be demolished. If a change of land use
is proposed, the Planning Directorplanning, building and zoning director may credit the prior land use
against the proposed land use based upon equivalent impacts as measured by p.m. peak hour
external motor 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. net new development. The Planning Directorplanning,
building and directer may exclude from Net New Development any small
development under 10,000 square feet in gloss -floor area, if he or /she finds that such development
would have no regional impact as measured by p.m. peak hour external motor vehicle trips. Net new
13
13
New development shall mean any new constructio
an iner ase of more than 1,000 square feet in gross floor area
building and
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cak hour external motor vehicle trip generation.
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Parcel of Lland shall mean, pursuant to F.S. Cch. 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.
*
Project area shall mean the area included within the legal description as set forth in exhibit 1*,
including all property within the boundaries of the Southeast Overtown/Park West community
redevelopment area, as designated in 1982 by city commission Resolution No. 82-755.
*Editor's note: The exhibits referred to in this article are not reproduced in the Code but can be found
on file in the office of the city clerk.
*
*
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) (20044•987).
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 Incrementincroment I and Increment II development order for
Southeast O.vertownlPark West Miami; and which shall be a component of the Southeast
Overtown/Park West development supplemental fee.
Zoning ordinance shall mean city Ordinance Number 11000, as amended, or a successor ordinance,
the zoning ordinance of the City of Miami.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-66)
Sec. 13-102. Southeast OvertownlPark West development supplemental fee coefficients.
(a) The following shall be the coefficients, by land use, for each of the four components of the
Southeast Overtown/Park West development supplemental fee.
Table 1. Fee Coefficients
(per gross square footage of floor area)
TABLE INSET:
Land Use
Office
Retail/service
Convention
Residential
Transportation Air
Mitigation Quality
$0.300
$0.260
$0.068
$0.081 1
DRI/Master DRI
—Pan i1 minisrstra_
Recovery tor
$0.172 $0,058-
$0:449- $0.058
$0.039- $0:058
$9-035-1 3 058
$0.050
$0.050
$0 050
$0450
Total Fee
Coefficient
$0.580
$0.517
$0.21-5-
$0.204 1
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DRI/Master DRI
Transportation Air Plan Administra- Total Fee
Land Use Mitigation Quality Recovery tion Coefficient
Office $0.39 $0.03 $0.40 $0.18 $1.01
Retail/service $1.78 $0,14 $0.40 $0.18 $2.51
Residential [11 $0.10 $0.01 $0.40 $0.18 $0.70
Hotel [2] $0.26 $0.02 $0.40 $0.18 $0.86
Recreation [3] $0.25 $0.00 $0.40 $0.18 $0.83
Notes:
1 These fee coefficients for residential use are based upon an assumed average of 1000 SF per DU,
DU and an air quality fee of $35.062 per DU.
The regional transportation mitigation estimated cost of $208,806.00 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 2*). This cost has been borne by the
•
n file, in the othce of the. eity nlcrls
rder requires the city to perform monitoring and
Ge-Mplianwh Gc air quality requ
(see exhibit 3*), which is distributecikamong-units--4-land-use4n-totakallowalale-development -based-
-upon the average rate of generation of p.m. peak hour external motor vehicle trips, as utilized in the
Overtown
* this article aro not reproduced in the Code but can be found
en --file in the office of the city clerk.
*Edit
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West r1Ri ,macter plan and relatecuuiec d cvfudis estimated to be $1 /16,000.00, which shall be distributed-
.,
al --
amount of new development is estimated to be 2,522,200 SF during the timo that the increment I
payment of said fecby applicants.
y for enforcing the requirements of the
tht the increment I development order is projected to be in effect. These administrative costs shall be
distributed equally among all
OvertownlPark West project, for fees a nr,r + if r ch feo is generated by Gffordat4e
housing development. A
Notes:
These fee coefficients for residential use are based upon an assumed average of 1,000 square feer
("SF") per dwelling unit ("DU"), and shall be adjusted for each development based upon a
transportation mitigation fee of $102.00 per DU and an air quality fee of $11.00 per DU.
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 $182.70 per
room and an air quality fee of $14.70 per room.
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 $4.90
per seat and an air quality fee of $0.02 per seat.
(b) The proportionate share for each unit of land use is calculated as follows:
(1) Transportation mitigation. The Increment 11 development order requires the city to widen
Northwest First Avenue from Northwest Tenth Street to Northwest Fourteenth Street at an estimated
proportionate share cost of $636,648 (in 2004 dollars), in order to mitigate the regional transportation
impacts of total allowable development. The regional transportation mitigation estimated proportionate
share cost of $636,648 (in 2004 dollars) 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 2* of Resolution 92-609). All development subject to Increment 11
shall be subject to payment of said fee by applicants.
,`2) Air quality. The Increment II development order requires 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 11 development order to be $50,000,
City of Mianti
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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
2* of Resolution 92-609). This cost shall be borne by the city, through the Southeast Overtown/Park
West project, for fees attributable to applicants if such fee is generated by affordable housing
development. All other applicants shall be subject to payment of said fee. All development subject to
increment II shall be subject to payment of said fee by applicants.
(3) DRI/master plan recovery. The total costs to the city for preparing the Southeast Overtown/Park
West DRI for Increment II, Increment Ill, the NOPC Applications, the SEOPW CRA master plans and
related studies is estimated to be $1,187,300, 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 2,941,828 SF during the time that the Increment II development order is in effect. Ail
development subject to Increment II shall be subject to payment of said fee by applicants.
(4) Administration. The administrative cost to the city for enforcing the requirements of the
development order is estimated to be $105,000 per year or a total of $525,000 during the five 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 2,941,828 SF during the time that the Increment II
development order is in effect. This cost shall be borne by the city, through the Southeast
Overtown/Park West project, for fees attributable to applicants if such fee is generated by affordable
housing development. All other applicants shall be subject to payment of said fee. All development
subject to Increment II shall be subject to payment of said fee by applicants.
(Ord. No. 10465, 1, 7-21-88; Code 1980, § 13-67)
15) The coefficients in the table above shall be adjusted annually on November 1st of each year with
the first adjustment occurring on April 1st, 2006, 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 in the annual Consumer Price Index of the prior calendar year as
compared to the annual Consumer Price Index for 2004 (188.9), or (ii) seven percent (7%) per year
compounded for each year after 2005, whichever is greater. The formula for the Adjustment Factor is
as follows:
Prior years Consumer Price Index = Adjustment Factor
188.9
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
11982 - 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. 13-103. Procedure for calculation of Southeast Overtown/Park West development
supplemental fee.
Upon receipt of approval of a building permit or MUSP for any net new development, the Planning
Directo shall determine the amount of Southeast
Overtown/Park West development supplemental fee due pursuant to the following procedure:
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(5) Upon written request of the applicant, review and adjustrcduce the amount of Southeast
Overtown/Park West development supplemental fee calculated, if appropriate.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-68)
Sec. 13-104. Administration of Southeast Overtown/Park West development supplemental fee.
(a) Collection of Southeast Overtown/Park West development supplemental fee. Southeast
Overtown/Park West development supplemental fees due pursuant to this article for administration
fees and DRI/master plan recovery fees shall be collected by the Planning Director
and zoning department at the time of approval of a MUSP, or if a MUSP is not required, at any time
prior to issuance of a building permit. Southeast Overtown/Park West development supplemental fees
due pursuant to this article for transportation impacts and air quality impacts shall be collected by the
Planning Director planning, building and zoning department at any time prior to issuance of a building
permit (except as specified in Sec. 13-100). Fees shall be paid in accordance with the applicable rate
at the time of payment.
(b) Transfer of funds to finance department. Upon receipt of Southeast Overtown/Park West
development supplemental fees, the Planning Directorpla 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
funds of such account.
*
(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 f the property; a certified copy of latest tax records of
Miami -Dade County showing the owner of the subject property; a copy of the dated receipt for payment
of the fee isued by thecty's Planning Directorplanning, building and zoning department; and a
statement of the basis upon which the refund is sought.
*
Sec. 13-108. Southeast Overtown/Park West development supplemental fee as additional and
supplemental requirement.
The City of Miami Southeast OvertownlPark West 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 Southeast OvertownlPark West 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,
while also encouraging the development of affordable housing. 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.
(Ord. No. 10465, § 1, 7-21-88; Code 1980, § 13-73)
Secs. 13-109--13-135. Reserved.
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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:
(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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