HomeMy WebLinkAboutLegislationJ-03-889
10/10/03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING CHAPTER 13, ARTICLE I, OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
ENTITLED "DEVELOPMENT IMPACT FEES, IN
GENERAL," TO CLARIFY PROVISIONS REGARDING
THE GRANTING OF IMPACT FEE EXEMPTIONS; MORE
PARTICULARLY BY AMENDING SECTIONS 13-2 AND
13-6 OF THE CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article 13 of the City Code provides for the
exemption of impact fees for certain uses and in certain
districts; and
WHEREAS, on November 19, 2002, the City Commission adopted
Ordinance No. 12295 updating Articles 13-2(b)(3) and (4) and
13-6(3) and (4) to reflect the replacement of "community
development target areas" with "community revitalization
districts" pursuant to the City's adopted 1999-2004 Consolidated
Plan; and
WHEREAS, the language of these subsections requires
clarification;
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, Article I, of the Code of the
City of Miami, Florida, as amended, is amended in the following
particulars:''-''
*
"Chapter 13
DEVELOPMENT IMPACT FEES
ARTICLE I. IN GENERAL
Sec. 13-2. Findings.
(b) The City Commission finds and declares that
the impact fee imposed 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:
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.
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(3) All duplex and multiple family residential
development located in the City's designated
Community dcvoIop w?nt target areas or their
equivalent Revitalization Districts as
defined within the effective community
development block grant program plan
approved by thc City's adopted Consolidated
Plan and as amendedand accepted by thc U.C.
Department of Houoing and Urban Development,
as may be amended,
(4) All duplex and multiple family residential
development, outside of the Community
development target aroao or their equivalent
ao otipulatod hcrcinabovc Revitalization
Districts, which is certified by the City
department responsible for housing as low
and/or moderate income housing;
*
*
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 and multiple family residential
development located in the City's designated
Community Revitalization Districts
development target area° or their equivalent
as defined within the current community
development bloc grant program plan
approved by theCity's adopted Consolidated
Plan and as amendedand accepted by the U.S.
Department of Hou-ing a .
(4) All duplex and multiple family residential
development, outside of the Community
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development target arcs or their equivalent
as stipulated hcrcinabovcRevitalization
Districts, which is certified by the City
department responsible for housing as low
and/or moderate income housing;
*
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 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
immediately upon its adoption and signature of the Mayor./
PASSED ON FIRST READING BY TITLE ONLY this day of
, 2003.
If the Mayor does not sign this Ordinance, it shall become effective at
the end of ten calendar 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.
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 2003.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1548:GKW:et
MANUEL A. DIAZ, MAYOR
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