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Home My WebLink AboutOrdinanceCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 03-0112 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), RELATING TO DEVELOPMENT FEES; AMENDING CHAPTER 13, SECTIONS 13-2, 13-5, 13-6, 13-52 AND 13-53 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; PROVIDING FOR ESTABLISHMENT OF THE "WEST BRICKELL IMPACT FEE EXEMPTIBLE ZONE" AND THE "WEST BRICKELL DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE EXEMPTIBLE ZONE" (COLLECTIVELY, "ZONE"), CONCURRENTLY ENCOMPASSING AN AREA BOUNDED BY 15TH ROAD ON THE SOUTH, SOUTHWEST 1ST AVENUE ON THE WEST, MIAMI RIVER ON THE NORTH, BRICKELL AVENUE ON THE EAST TO SOUTHEAST 8TH STREET, WEST ON SOUTHEAST 8TH TO BRICKELL PLAZA, SOUTH ON BRICKELL PLAZA TO SOUTH MIAMI AVENUE, SOUTH ON SOUTH MIAMI AVENUE TO 15TH ROAD, WEST ON 15TH ROAD TO SOUTHWEST 1ST AVENUE; PROVIDING FOR CONDITIONAL AND LIMITED DEVELOPMENT FEE EXEMPTIONS FOR QUALIFYING DEVELOPMENT ACTIVITY WITHIN EACH RESPECTIVE ZONE FOR THE PERIOD BETWEEN NOVEMBER 1, 2003, AND NOVEMBER 15, 2004; PROVIDING FOR DEFINITIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FORA RETROACTIVE EFFECTIVE DATE OF NOVEMBER 1, 2003. WHEREAS, Chapter 13 of the Code of the City of Miami, Florida, as amended, provides for the imposition of Impact and related Supplemental Fees associated with new developments within the City of Miami ("City"); and WHEREAS, Resolution No. 03-588, adopted May 22, 2003, approved the Miami Downtown Transportation Master Plan ("Plan"), which addresses traffic and road capacity in, among other areas, Downtown Miami and the Brickell area; and WHEREAS, the Plan concluded that improvements to the roadway system addressed by the study which under girded the plan are challenging, and determined the widening of roads within the subject areas generally unfeasible due to limited rights -of -way and buildings abutting the existing rights -of -way; and WHEREAS, the City's Downtown/Brickell area has become, in the last few years, an international commercial and financial center directly competing with the great metropolitan centers in the United States and abroad; and WHEREAS, growth of this urban center as a 24-hour community has been evident in recent years as new developments have been constructed, mainly in the Brickell area contiguous to Downtown; and WHEREAS, the predominant capacity for the streets in the herein designated "West Brickell Impact Fee Exemptible Zone" and "West Brickell Downtown Development City of Miami Page 1 of 5 File Id: 03-0112 (Version: 21 Printed On: 7/8/2024 File Number: 03-0112 Supplemental Fee Exemptible Zone" (Collectively, "Zone") is restricted and traffic volume on said streets greatly exceeds optimum levels; and WHEREAS, even with the most conservative growth in the Zone, the impact to the Zone's traffic system would result in greater traffic congestion that would additionally burden residents and local businesses; and WHEREAS, as traffic constraints have become a source of concern to the business community, residents and City leaders, it has become a priority to seek solutions; and WHEREAS, it is necessary, in view of the heightened increase in requests for development permits in the Zone, to provide an alternative measure designed to ensure that the City's goal to promote a livable community is met; and WHEREAS, it is incontrovertible that financial incentives are suitable and effective inducements to motivate reduced density development activity in all areas of the City and the Zone; and WHEREAS, the herein proposed financial related incentive would assume the form of potential Impact Fee and related Supplemental Fee exemptions for certain development having a valid building permit approved as of November 15, 2004, that does not exceed 50% of allowable floor area as specified for each zoning district contained in Zoning Ordinance 11000, as amended; and WHEREAS, said incentive is also intended, inter alia, to facilitate the financing of lower density projects, allowing a track record of performance to be established, thereby paving the way for similar projects in the future, and resulting in the desired density and traffic reductions in the Zone; and WHEREAS, the strict limitation on the applicability of the proposed fee exemptions to development of a specific size and specified geographic area will not negatively impact the financial health of the City and its ability to provide municipal services to its residents and visitors; 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 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 ARTICLE I. IN GENERAL Sec. 13-2. Findings. City of Miami Page 2 of 5 File Id: 03-0112 (Version: 21 Printed On: 7/8/2024 File Number: 03-0112 (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: * * * (9) Development having a valid building permit approved and effective during the period of November 1, 2003, through November 15, 2004, that does not exceed 50% of allowable floor area ratio as specified for its underlying zoning district, and is located within the West Brickell Impact Fee Exemptible Zone. Sec. 13-5. Definitions. * Site shall mean -- West Brickell Impact Fee Exemptible Zone shall mean a geographical area bounded by 15th Road on the south, SW 1st Avenue on the west, Miami River on the north, Brickell Avenue on the east to SE 8th Street, west on SE 8th to Brickell Plaza, south on Brickell Plaza to South Miami Avenue, south on South Miami Avenue to 15th Road, west on 15th Road to SW 1st Avenue. (Graphically depicted on attached "Exhibit A.") * * * Sec. 13-6. Applicability of impact fee. City of Miami Page 3 of 5 File Id: 03-0112 (Version: 21 Printed On: 7/8/2024 File Number: 03-0112 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: (9) Development having a valid building permit approved and effective during the period of November 1, 2003, through November 15, 2004, that does not exceed 50% of allowable floor area ratio as specified for its underlying zoning district, and is located within the West Brickell Impact Fee Exemptible Zone. * ARTICLE II. DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE Sec. 13-52. Intent. * (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 development" or "net new development" as defined herein or which has, on the effective date of the downtown DRI development orders, a valid building permit or currently effective DRI development order. Specifically exempted from such imposition and payment is development having a valid building permit approved and effective during the period of November 1, 2003 through November 15, 2004, that does not exceed 50% of allowable floor area ratio as specified for its underlying zoning district, and is located within the West Brickell Downtown Development Supplemental Fee Exemptible Zone. * Sec. 13-53. Definitions. Downtown development supplemental fee coefficient shall mean -- City of Miami Page 4 of 5 File Id: 03-0112 (Version: 21 Printed On: 7/8/2024 File Number: 03-0112 West Brickell Downtown Development Supplemental Fee Exemptible Zone shall mean a geographical area bounded by 15th Road on the south, SW 1st Avenue on the west, Miami River on the north, Brickell Avenue on the east to SE 8th Street, west on SE 8th to Brickell Plaza, south on Brickell Plaza to South Miami Avenue, south on South Miami Avenue to 15th Road, west on 15th Road to SW 1st Avenue. (Graphically depicted on attached "Exhibit A.") 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 immediately upon its adoption and signature of the Mayor. {2} PASSED ON FIRST READING BY TITLE ONLY this day of , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 2003. APPROVED AS TO FORM AND CORRECTNESS: ALEJANDRO VILARELLO 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. City of Miami Page 5 of 5 File Id: 03-0112 (Version: 21 Printed On: 7/8/2024