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HomeMy WebLinkAboutSample -City of Miami Ordinance Chapter 13 by DPZAN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTION 2105.4 OF THE ZONING ORDINANCE OF THE CITY OF MIAMI("ZONING ORDINANCE"), AS AMENDED, ENTITLED: "STATUS OF APPLICATIONS FOR DEVELOPMENT PERMITS OR CERTIFICATES OF OCCUPANCY UNDER ORDINANCE NO. 11000 WHEN ORDINANCE NO. 11000 HAS BEEN AMENDED ," BY RENAMING SAID SECTION AS"STATUS OF APPLICATIONS UNDER PROPOSED AMENDMENTS TO THE PROPOSED AMENDMENTS AS PROVIDED HEREIN: PROVIDING FOR THE APPLICATION OF EQUITABLE ESTOPPEL TO CERTAIN PERMITS AND APPROVALS : PROVIDING FOR SEVERABILITY:PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami is engaged in a planning and zoning process applicable to the entire City of Miami involving the enactment of a new zoning ordinance and related land development regulations pursuant to a project known as "Miami21" ("Miami21)"under the auspices of renown planners and designers Duany Plater Zybert ("DPZ") , various subconsultants retained by DPZ, city staff and officials have all been involved in this dynamic and progressive effort; and WHEREAS, Miami21 is a process that has involved and will continue to involve multiple public meetings and hearings , including, without limitation, meetings with homeowners, neighborhood, community , business and civic groups, meetings of the Planning Advisory Board ("PAB"), City Commission, and work by the City's consultants and staff; and, WHEREAS, the new Miami21 land development regulations including, without limitation, a new Zoning Ordinance for the City of Miami which will replace the current Zoning Ordinance includes a SMART CODE which will clarify and simplify the planning and zoning regulations for the city and will be design based:and WHEREAS the CITY OF MIAMI anticipates the final versions of the new Zoning Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 13 of the Code of the City of Miami, Florida, entitled "Development Impact and Other Related Fees" is amended in the following particulars: {1} CHAPTER 13 "DEVELOPMENT IMPACT AND OTHER RELATED FEES" ARTICLE 1. IN GENERAL Sec. 13-2. Findings. (a) The city commission of Miami, Florida (hereinafter "commission") hereby finds and declares that: (1) Development, other than single-family residential and certain other development as specifically defined herein, imposes excessive demands upon city public facilities and services and requires additional facilities and services. (2) The potential for development of properties is a direct result of city policy as expressed in the city comprehensive plan and as implemented via the city zoning ordinance and map. (3) To the extent that such development places demands upon the public facility infrastructure of the city, those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands. (4) The amount of the "impact fee" to be imposed shall be determined by the cost of the additional capital improvements needed to support such new development, which public facilities shall be identified in a capital improvement program, and by the gross square footage of development. (b) The city commission hereby finds and declares that the impact fee imposed herein upon all new nonresidential and all 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 said impact fees or specifically allowed to defer payment of said impact fees under Sec. 13-6 (4) are: (1) All single-family residential development; (2) Any development of less than 1,000 square feet not resulting in a net increase in the number of residential dwelling units; (3) All duplex and multiple family residential development located in the city's neighborhood development zones designated community development target area& 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 family residential units development, outside of the neighborhood development zones or their equivalent as stipulated hereinabove, which is certified b„ the city .Department ; defined as affordable housing by the Community Development Consolidated Plan approved by the City and accepted by the U.S. Department responsible for reviewing and accepting such Consolidated Plans, as may be amended from time to time. Any impact fee deferral will be limited to the impact fees due on the affordable housing units based on the square footage of such units. Impact fees due on the portion of the development not qualified as affordable housing shall not be exempted or deffered. (5) Any development which is a nonprofit joint venture with the city, or a city - owned or operated facility; (6) Any development for which complete building plans have been filed as prescribed by the city's zoning ordinance, as amended, before the effective date of this chapter, providing that the building permit for such development is obtained within 45 calendar days from the effective date of this chapter; and (7) Any development of regional impact (DRI) (excluding the downtown DRI and the Southeast Overtown/Park West areawide DRI) for which development orders have been issued by the city before the effective date of this chapter, provided that the building permit for such DRI is obtained within 15 months of the effective date of this chapter. (8) As of November 19, 2002, the first three residential projects that include 201 or more units of multiple family, owner -occupied housing valued for purchase by middle -income families located within the downtown central business district, for which a building permit for construction, not merely for demolition or foundation work, is issued by the city no later than December 31, 2005. For the purposes of this section, at least 70 percent of the units in such development shall be priced for purchase at a value not less than 121 percent and not more than 300 percent of the median value of owner -occupied dwelling units in the city as listed in the 2000 U.S. Census. Eligible projects are not precluded from containing other uses such as office or retail; however, the exemption shall apply only to the residential portion of such projects. In the case of projects to be constructed in phases, the exemption shall apply only to the portion(s) of the project for which the specified building permit is issued prior to December 31, 2005. (Ord. No. 10426, § 2, 4-28-88; Code 1980, § 13-2; Ord. No. 11814, § 2, 7-13-99; Ord. No. 12295, § 2, 11-19-02; Ord. No. 12311, § 2, 12-12-02) 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. Under this chapter, certain development units which qualify as affordable housing, as herein defined, maV be allowed to defer payment of impact fees as long as the unit maintains its status as affordable housing. Specifically exempted from such imposition and payment or under paragraph (4), specifically allowed to defer payment of said impact fees are: (1) All single-family residential development. (2) Any development of Tess than 1,000 square feet not resulting in a net increase in the number of residential dwelling units. (3) All duplex and multiple family residential units development, located in the city's neighborhood development zones target arcao or their equivalent as defined within the current community development block grant program plan approved by the city and accepted by the U.S. Department of Housing and Urban Development. (4) All duplex and multiple family residential units, outside of the community neighborhood development zones or their equivalent as stipulated hereinabove, which are is certified by the city department defined as affordable housing by the Community Development Consolidated Plan approved by the City and accepted by the U.S. Department responsible for reviewing and accepting such Consolidated Plans, as may be amended from time to time. Any impact fee deferral considered pursuant to this paragraph (4) will be limited to the impact fees due on the affordable housing units based on the square footage of such units. Impact fees due on the portion of the development not qualified as affordable housing shall not be exempted or deferred. The permit applicant shall provide the following items when requesting a deferral or prior to issuance of a building permit, whichever occurs first: 1) A list of all affordable housing unit numbers and the square footage of each unit by unit number; 2__) A list of all anticipated affordable housing unit owner names; 3) A covenant running with the land, previously recorded by the developer in the public records of the County. which covenant shall be on a form provided by the City for each affordable unit that states that if the unit ceases to qualify as affordable housing under this paragraph, the impact fees deferred on that unit shall become due and shall be paid to the City of Miami prior to transfer of title for the unit. if the affordable housing impact fee deferral has not been approved by the City prior to issuance of a building permit, the permit applicant shall pay the entire amount of impact fees due on the development, including affordable housing units, unless a bond or other sufficient surety satisfactory to the City Attorney has been filed. Only affordable housing units will be afforded a impact fee credit and the balance will be rated with the appropriate impact fee. (5) Any development which is a nonprofit joint venture with the city, or city - owned or -operated facility. (6) Any development for which complete building plans have been filed as prescribed by the city's zoning ordinance, as amended, before the effective date of this chapter, providing that the building permit for such development is obtained within 45 calendar days from the effective date of this chapter. (7) Any development of regional impact (DRI) (excluding the downtown DRI and the Southeast Overtown/Park West areawide DRI), for which a development order has been issued by the city before the effective date of this chapter, providing that the building permit for such DRI is obtained within 15 months of the effective date of this chapter. (8) As of November 19, 2002, the first three residential development projects that include 201 or more units of multiple family, owner -occupied housing valued for purchase by middle -income families located within the downtown central business district, for which a building permit for construction, not merely for demolition or foundation work, is issued by the city no later than December 31, 2005. For the purposes of this section, at least 70 percent of the units in such development shall be priced for purchase at a value not less than 121 percent and not more than 300 percent of the median value of owner -occupied dwelling units in the city as listed in the 2000 U.S. Census. Eligible projects are not precluded from containing other uses such as office or retail; however, the exemption shall apply only to the residential portion of such projects. In the case of projects to be constructed in phases, the exemption shall apply only to the portion(s) of the project for which the specified building permit is issued prior to December 31, 2005. (Ord. No. 10426, § 2, 4-28-88; Code 1980, § 13-6; Ord. No. 11814, § 2, 7-13-99; Ord. No. 12295, § 2, 11-19-02; Ord. No. 12311, § 2, 12-12-02) Section 2. All ordinances or parts of ordinances insofar as they are consistent or in conflict with the provisions of this Ordinance are repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is decalred invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY ..Footnote {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. {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.