HomeMy WebLinkAboutCC FR/SR Legislation (Version 1)City of Miami
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Ordinance
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Miami, FL 33133
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File Number: 13-00763zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ENTITLED
"DEVELOPMENT IMPACT AND OTHER RELATED FEES," AND CHAPTER 14, ENTITLED
"DOWNTOWN DEVELOPMENT" OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, MORE PARTICULARLY BY ADDING AND UPDATING LANGUAGE IN CHAPTER
13 AND CHAPTER 14, WHICH LANGUAGE RELATES TO ISSUANCE OF INCREMENT III
DEVELOPMENT ORDER AND AMENDMENT TO SOUTHEAST OVERTOWN/PARK WEST
DEVELOPMENT OF REGIONAL IMPACT MASTER DEVELOPMENT ORDER; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 11, 1988, the City Commission adopted Resolution No. 88-110
approving a Master Development Oder for the Southeast Overtown/Parkwest Development of
Regional Impact ("SEOPW DRI"), and Resolution No. 88-111 approving the Increment I
Development Order for the SEOPW DRI; and
WHEREAS, on September 22, 1992, the City Commission adopted Resolution No. 92-
609 approving the Increment II Development Order for the SEOPW DRI; and
WHEREAS, on November 11, 2011, the City of Miami and Community Redevelopment
Agency submitted a complete Application for Development Approval for issuance of the
proposed Increment III Development Order and proposed amendment to the SEOPW DRI
Master Development Order, to the South Florida Regional Planning Council ("SFRPC"),
pursuant to §380.06, Florida Statutes (2012) for the ongoing development through 2027 for the
area designated in 1982 by City Commission Resolution No., 82-755, as the SEOPW CRA; and
WHEREAS, on September 24, 2012, the Community Redevelopment Agency adopted
Resolution CRA-R-12-0063 approving the issuance of the proposed Increment III Development
Order and proposed amendment to the SEOPW DRI Master Development Order and requested
the City of Miami City Manager to carry out the required public hearings for approval of the
SEOPW DRI Increment III Development Order and proposed amendment to the SEOPW DRI
Master Development Order; and
WHEREAS, pursuant to §380.06(19), Florida Statutes (2012), on November 2, 2012, the
Community Redevelopment Agency submitted a "Notification of a Proposed Change to a
Previously Approved DRI," to the City of Miami, the SFRPC, and the Florida Department of
Economic Opportunities; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, 2013,
following an advertised public hearing, adopted Resolution No. PZAB-R-13-* by a vote of * to *
(* *), item no. *, recommending * of the issuance of the proposed Increment III Development
Order and proposed amendment to the SEOPW DRI Master Development Order as attached
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hereto; and
WHEREAS, on *, 2013, the City Commission conducted an advertised public hearing
pursuant to §380.06, Florida. Statutes (2012); and
WHEREAS, the City Commission considered the Application for Development Approval,
the report and recommendations of the SFRPC and each element required to be considered by
§380.06, Florida Statutes (2012); and
WHEREAS, the City Commission determined that all requirements of notice and other
legal requirements have been complied with for the issuance of the proposed Increment III
Development Order and the proposed amendment to the SEOPW DRI Master Development
Order; and
WHEREAS, the City Commission deems it advisable and in the best public interest, and
the general welfare of the City of Miami to issue the proposed Increment III Development Order
and proposed amendment to the SEOPW DRI Master Development Order; and
WHEREAS, there are corresponding duties and functions related to Development
Supplemental Fees and Southeast Overtown/Park West Developments of Regional Impact
found in the Code of the City of Miami, Florida, as amended ("City Code"); and
WHEREAS, the City Commission deems it advisable and in the best public interest, and
the general welfare of the City of Miami to amend the Code of the City of Miami, Florida, as
amended, by adding and updating language in Chapter 13 and Chapter 14, which relates to
issuance of Increment III Development Order and amendment to the Southeast Overtown/Park
West Development of Regional Impact Master Development Order;
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 fully set forth in this Section.
Section 2. Chapter 13 of the City Code entitled "Development Impact and Other Related
Fees", is amended in the following particulars: {1}
"CHAPTER 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE III. SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL
FEE
*
Sec. 13-96. - Short title.
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This article shall be known and cited as the "City of Miami Southeast
Overtown/Park West development supplemental fee ordinance."
Sec, 13-97. - Intent.
(a)
(b)
This article is intended to impose the Southeast Overtown/Park West
development supplemental fee as a supplemental fee on a new development
within the Southeast Overtown/Park West project area, utilizing the defined terms
in section 13-101 below. The Southeast Overtown/Park West 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 Southeast Overtown/Park West development
supplemental fee is payable prior to the time of building permit issuance or upon
approval of 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 described in exhibit 1, since the demand for
the mitigation is uniquely attributable to such new development and net new
development on an area -wide basis.
This article shall be uniformly applicable to all new development and net new
development within the project area. However, certain fees applicable to
affordable housing, as defined herein, shall be borne by the City of Miami
through the Southeast Overtown/Park West community redevelopment project,
as provided in section 13-101 below. This fee shall not be uniformly 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 Southeast
Overtown/Park West DRI development orders, a valid building permit or currently
effective DRI development order.
Sec. 13-98. - Findings.
The city commission of Miami, Florida (hereinafter "commission") hereby finds
and declares that:
The real property which is the subject of this article, the project area, is
legally described in exhibit 1.
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(3)
(4)
(5)
(6)
The city has filed a CADA with the city, the South Florida Regional
Planning Council, and the Florida department of community affairmstate
land planning agency.
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 project
area rather than requiring each individual DRI scale development within
the project area to be reviewed separately other than for a major use
special permit or its functional equivalent, and as a means of
accommodating the impacts of the non-DRI scale cumulative growth on
the project area.
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) (200411), the
CADA seeks master development approval for three increments of
development over a period of approximately 2540 years and specific
development approval for increment Il and increment II, and increment III.
Subsequent incremental applications may need to be adjusted to more
nearly serve the evolution of market demand and technologies.
The project area contains a total of approximately 209 acres. 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.
A comprehensive assessment of the probable impacts that will be
generated by the total allowable development has been conducted by
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(7)
(8)
(9)
(10)
(12)
various city departments, as reflected in the CADA, and as reviewed by
the South Florida Regional Planning Council staff.
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 for increment I of the Southeast Overtown/Park West
DRI; August 3, 1992 for increment II; and February 6, 2012 for increment
III.
Net new development imposes demands upon public facilities and
services benefiting the region and requires additional regional
infrastructure.
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.
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.
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 the enforcement of the
development orders should be reimbursed to the city by the net new
development benefiting therefrom.
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
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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 Overtown/Park
West development supplementary fee is equitable and does not impose
an unfair burden on such development and 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.
Sec. 13-99. - Authority.
The city commission is authorized to establish and adopt a Southeast
Overtown/Park 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. Ch. 166 (2004); the city Charter, the Local Government
Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161,
amended by F.S. § 163.3177 in 1986), the Florida Impact Fee Act (F.S. § 163.31801),
and the Southeast Overtown/Park West development of regional impact development
order issued by resolution numbers 88-110, 88-111, and 92-609, and 13- , 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. 13-100. - Imposition of fee.
(a)
Except as may be provided in section 13-104, no building permits er,major use
special permits, or its functional equivalent, or other permit approving
development, shall be issued for any new development as herein defined unless
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(b)
(-e
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.
Overtown/Park West supplemental fees prior to the issuance of a building permit,
the planning director may grant one extension of time, not to exceed 360 days,
pursuant to a timely written rcqucst by an applicant, for such payment of fees
from timc of foundation permit to time of shcll permit only, upon a finding that tho
time extension is warranted duc to particular financing aspects of the proposed
project. 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, shall be due prior to commencement of construction,
including demolition.
governmental agencies or authorities, that do not have to obtain building permits
from the city, shall be due prior to commencement of construction of tho
proposed project.
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 for development approval shall mean the original application
for development approval for the Southeast Overtown/Park West community
redevelopment project area filed by the city on February 6, 1987, pursuant to F.S. §
380.06 (200411), as amended by the increment II ADA filed in 1992 and the increment
III ADA filed in 2011.
Administrative 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 Southeast
Overtown/Park West 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
Southeast Overtown/Park West development supplemental fee.
Affordable housing shall mean housing for families and individuals with incomes
under 120 percent of the median income in Miami -Dade County.
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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 increment I1 and increment II, and increment III development orders for Southeast
Overtown/Park West, and which shall be a component of the Southeast Overtown/Park
West development supplemental fee.
Applicant shall mean 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 on application for a building permit.
Building permit shall mean any permit required for new construction and
additions pursuant to section 304105 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 (49872011).
Certificate of occupancy shall mean a permanent or temporary and/or partial
certificate of occupancy issued, pursuant to the Florida Building Code.
City shall mean the City of Miami, Florida,
Class 11 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 halls,
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.
CRA shall mean the city Southeast Overtown/Park West Community
Redevelopment Agency.
DO or Southeast Overtown/Park West development order shall mean the master
a-nd1or increment I,, and/or increment II, or increment III development orders for the
Southeast Overtown/Park 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, and Resolution 13- , as amended.
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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.
DU or dwelling unit shall have the meaning given to "dwelling unit" in the zoning
ordinance.
Hotel use shall mean lodging or hotel uses as any facility containing more than
one "lodging unit," as defined in the zoning 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 proposed hotel
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.
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.
Office use shall mean space for the conduct of the administrative functions of
government or business and professional activities not including sales of merchandise of
the premises, and not including personal services as defined herein under "retail/service
use.
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
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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 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.
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.
Southeast Overtown/Park West development supplemental fee shall mean a fee
charged to new development in the project area comprising components including a
transportation mitigation fee, an air quality fee, an administration fee, and a DRI/master
plan recovery fee which are assessable to new development according to the provisions
of this article.
Southeast Overtown/Park West development supplemental fee coefficient shall
mean the charge per unit of land use as calculated for each component of the Southeast
Overtown/Park West development supplemental fee.
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) (200411).
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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 increment I1
and increment II, and increment III development orders for Southeast Overtown/Park
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
Ordinance 13114 known as the Miami 21 Zoning Code, or a successor ordinance, the
zoning ordinance of the City of Miami.
Sec. 13-102. - Southeast Overtown/Park 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 — Increment II
(per gross square footage of floor area)
Land Use
Transportation
Mitigation
Air
Quality
DRI/Master
Plan
Recovery
DRI
Administration
Total Fee
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'
$0.10
$0.01
$0.40
$0.18
$0.70
Hotel2
$0.26
$0.02
$0.40
$0.18
$0.86
Recreation3
$0.25
$0.00
$0.40
$0.18
$0.83
Notes:
City of Miami
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'These fee coefficients for residential use are based upon an assumed average
of 1,000 square feet ("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.
2These 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.
3These 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.
Table 2. Fee Coefficients — Increment III
(per gross square footage of floor area)
Land Use
Transportation
Air
Quality
DRI/Master
DRI
Total Fee
Mitigation
Plan Recovery
Administration
Coefficient
i
!Office
$0.213
$0.006
$0.298
$0.148
$0.664
r
;Retail/service
$0.510
$0.014
$0.298
$0.148
$0.969
Residential'
$0.074
$0.003
$0.298
$0.148
$0.523
Hotel2
$0.184
$0.005
$0.298
$0.148
$0.635
Recreation3
$0.000
$0.000
$0.000
$0.000
$0.000
;Convention
$0.886
$0.024
$0.298
$0.148
$1.355
Notes:
'These fee coefficients for residential use are based upon an assumed average of 1,000 square
feet ("SF") per dwelling unit ("DU"), and shall be adjusted calculated for each development
based upon a transportation mitigation fee of $1-02.00 $74.00 per DU and an air quality fee of
$11.00 $3.00 per DU.
2These fee coefficients for hotel use are based upon an assumed average of 700 SF per hotel
room, and shall be adjusted calculated for each development based upon a transportation
mitigation fee of $182.70 $128.80 per room and an air quality fee of $14 0 $3.50 per room.
3Not applicable for Increment III. 3These fee coefficients for attractions/recreation use are based
upon an assumed average of 20 SF per scat 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)
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(2)
a) Transportation mitigation. The increment II 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
$636,648.00 (in 2004 dollars), in order to mitigate the regional
transportation impacts of total allowable development. The regional
transportation mitigation estimated proportionate share cost of
$636,648.00 (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 im of Resolution 92-609). All development subject to increment
II shall be subject to payment of said fee by applicants.
b) The increment III development order requires a transportation
mitigation fee of $1,871,626.00 (in 2011 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 X). The regional transportation
mitigation fee of $1,871,626.00 is distributed among units of land use
categories for the 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 X of Resolution 13- ).
a) 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 II
development order to be $50,000.00 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 11 shall be subject to payment of
said fee by applicants.
b) The increment III development order requires the City 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 III development order to be
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(3)
(4)
$50,000.00 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 X of
Resolution 13- ). The air quality fee may be used by the city for CO
monitoring and other measures that improve air quality such as
landscaping, open space, streetscape, transit, and pedestrian -oriented
improvements. This cost shall be waived, for fees attributable to
applicants if such fee is generated by affordable housing development
certified by the City of Miami Department of Community Development. All
other applicants shall be subject to payment of said fee. All development
subject to increment III shall be subject to payment of said fee by
applicants.
a) DRI/master plan recovery. The total costs to the city for preparing the
Southeast Overtown/Park West DRI for increment II, increment III, the
NOPC Applications, the SEOPW CRA master plans and related studies is
estimated to be $1,187,300.00, 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 2,941,828 SF
during the time that the increment II development order is in effect. All
development subject to increment II shall be subject to payment of said
fee by applicants.
b) The updated total costs to the city for preparing the Southeast
Overtown/Park West DRI for increment III and the SEOPW CRA master
plans and related studies is estimated to be $2,744,000.00, 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 9,220,000 SF during the time that the increment III
development order is in effect. All development subject to increment I11
shall be subject to payment of said fee by applicants.
a) Administration. The administrative cost to the city for enforcing the
requirements of the development order is estimated to be $105,000.00
per year or a total of $525,000.00 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 Overfown/�o.T_�/Pa k West ject,waived for
City of Miami Page 14 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
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.
b) The administrative cost to the city for enforcing the requirements of the
development order is estimated to be $105,000.00 per year or a total of
$1,365,000.00 during the thirteen years that the increment III
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 9,220,000 SF during the time that the increment III
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 III shall be subject to payment of said
fee by applicants.
(5) Cost of Living Adjustments
a) The coefficients in tho tTable 1 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:
a.
b.
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
Seven percent per year compounded for each year after 2005,
whichever is greater. The formula for the adjustment factor is as
follows:
Prior year's Consumer Price Index = adjustment factor
Divided by 188.9
b) The coefficients in the Table 2 above shall be adjusted annually on
November 1st of each year with the first adjustment occurring on May 1st,
2013, by multiplying each coefficient in the table by the formula set forth
City of Miami Page 15 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
in this paragraph (the "adjustment factor"). The adjustment factor shall be
the lesser of:
a. The percentage increase in the annual Consumer Price Index
of the prior calendar year as compared to the annual Consumer
Price Index for 2011 (170.0); or
b. Seven percent per year compounded for each year after 2011,
whichever is greater. The formula for the adjustment factor is as
follows:
Prior year's Consumer Price Index = adjustment factor
Divided by 170.0
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. 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, 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 Director shall determine the amount of Southeast
Overtown/Park West development supplemental fee due pursuant to the following
procedure:
Determine whether the development is exempt by virtue of the conditions
specified herein.
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
City of Miami Page 16 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
(5)
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.
Calculate the gross square footage, number of dwelling units, and/or
number of hotel rooms as appropriate for each land use.
Multiply the appropriate units of each land use in the development by the
appropriate Southeast Overtown/Park West development supplemental
fee coefficients.
Upon written request of the applicant, review and adjust the amount of
Southeast Overtown/Park West development supplemental fee
calculated, if appropriate.
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
Mi SP is not ron a t-a y t after zoning approval and prior to the 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 at any time prior to issuance of a
building permit (except as specified in section 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 director 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.
(c)
City of Miami Page 17 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
(d)
(e)
Establishment and maintenance of accounts. The city finance department shall
establish separate accounts and maintain records for each such account,
whereby Southeast Overtown/Park West development supplemental fees
collected can be segregated by each of the four fee components: transportation
mitigation fees, air quality fees, DRI/master plan recovery fees, and
administration fees.
Maintenance of records. The city finance department shall maintain and keep
adequate financial records for each such account which shall show the source
and disbursement of all revenues, which shall account for all moneys received;
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
Southeast Overtown/Park West development orders, 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, financing,
financial and legal services, and administrative costs.
Refund of Southeast Overtown/Park West development supplemental fee.
(1)
(2)
(3)
The current owner of a property on which a Southeast Overtown/Park
West 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. Southeast
Overtown/Park West development supplemental fees paid for
administration and DRI/master plan recovery are not refundable.
Only a 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.
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 the property; a certified copy of latest tax records of Miami -Dade
City of Miami Page 18 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
(f)
(4)
(5)
(6)
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 director, and a
statement of the basis upon which the refund is sought.
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.
Any money returned pursuant to this subsection shall be returned with
interest at the rate of three percent per annum.
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.
Annual review and modification. The city shall, through the SEOPW CRA at the
CRA's expense, annually review Southeast Overtown/Park West development
supplemental fee ordinance procedures, assumptions, formulas, and fee
assessments and make such modifications as are deemed necessary as a result
of:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Development occurring in the prior year.
Amendments to the development order.
Changing needs for facilities and/or services.
Inflation and other economic factors.
Revised cost estimates for public improvements and/or services.
Changes in the availability of other funding sources.
City of Miami Page 19 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
Such other factors as may be relevant.
Sec. 13-105. - 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 Southeast Overtown/Park West 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 to undertake projects to mitigate for
transportation and air quality impacts of the DRI.
Sec. 13-106. - Appeal procedures; impact fee board of review.
The Southeast Overtown/Park West 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.
Sec. 13-107. - Effect of Southeast Overtown/Park West 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.
Sec. 13-108. - Southeast Overtown/Park West development supplemental fee as additional
and supplemental requirement.
The City of Miami Southeast Overtown/Park 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 Overtown/Park 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
City of Miami Page 20 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
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 Miami -Dade County, state,
and/or city regulations, for other public facilities in addition to the supplemental fee
related improvements as specified herein.
Secs. 13-109-13-135. - Reserved.
Section 3. Chapter 14 of the City Code entitled "Downtown Development", is amended
in the following particulars: {1 }
CHAPTER 14
DOWNTOWN DEVELOPMENT
* * *
ARTICLE IV. - DOWNTOWN AND SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENTS
OF REGIONAL IMPACT
* * *
Sec. 14-121. - Intent.
This article is intended to assist in the implementation of the downtown development of regional
impact (Resolutions 87-1148, and 87-1149, 91-968, 94-849, 94-850, 98-219, 98-787, 98-1153,
99-159, 99-973, 02-1307, 04-0425) and the Southeast Overtown/Park West development of
regional impact (Resolutions 88-110, and 88-111, 92-609 and 13- ) development orders. Its
purpose is to assure the orderly use and flow of development credits by preventing the retention
of such credits by developments unable to complete construction within a reasonable period of
time and to initiate implementation of traffic control and environmental protection measures of
said resolutions.
Sec. 14-122. - Definitions.
For the purpose of this article, the following terms shall be defined as presented below:
Building permit: Any permit required for new construction and additions pursuant to section 105
of the Florida Building Code. A permit ic..uod by the city planning, building and zoning
department, pursuant to the South Florida Building Cod
structure which encloses space defined herein as "net new development." As used herein, this
term shall b
given parcel of land.
City of Miami Page 21 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
Certificate of occupancy: A permanent or temporary and/or partial certificate of occupancy
issued, pursuant to the Florida Building Code, for any "Net New Development" as defined
herein., pursuant to section 307 of the South Florida Building Code, for any "net new
development" as dcfined herein.
City: The City of Miami, Florida.
Credit holder: Entity to which a reservation of development credits has been issued in
conjunction with receipt of a building permit or major use special permit.
DDA or downtown development authority: The downtown development authority of the city.
Development: As defined in F.S. § 380.04 (20114-98-7) and any amendments thereto.
Development credits: The individual units of land uses included within total allowable
development, as measured by square footage or number of dwelling units, hotel rooms, or
seats.
Development orders: City of Miami Resolutions 87-1148, and 87-1149, 91-968, 94-849, 94-850,
98-219, 98-787, 98-1153, 99-159, 99-973, 02-1307 and 04-0425 as amended (downtown
development of regional impact), and Resolutions 88-110, and 88-111, 92-607, 92-608, 92-609,
93-217, 99-973, 00-289, 01-1159, 05-0480 and 13- (Southeast Overtown/Park West
development of regional impact), as amended, as applicable.
DRI: Development of regional impact.
Major use special permit or MUSP: A special permit issued by the city commission for large
developments pursuant to former Zoning Ordinance Number 11000, the oning ordinance of the
city as amended or its functional equivalent.
Net new development: 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 or office, government 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, building and zoning director determines
that there was a valid certificate of occupancy existing on the effective date of the master and
increment I, increment II, or increment III development orders rendered for the downtown DRI
and the Southeast Overtown/Park West DRI for the land uses to be demolished. If a change of
land use is proposed, the planning, building and zoning director may credit the prior land use
against the proposed land use based upon equivalent impacts as measured by peak hour
vehicle trip generations.
Parcel of land: 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.
DERM. Metropolitan Dade County department of environmental resources management.
City of Miami Page 22 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
DRER: Department of Regulatory and Economic Resources of Miami Dade County
Reservation of development credits: A written certificate, signed by the planning, building and
zoning director, allocating an amount of development credits equal to the amount of net new
development approved by a MUSP or in a zoning approval or building permit to a specified
parcel of land, subject to the terms and conditions of this article. Reservations of development
credits shall run with the land and shall not be transferable to any other parcel of land or
building permit, or MUSP.
SF, gross square feet, or gross square footage shall mean the floor area as defined within 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: The quantity of net new development for which certificates of
occupancy may be issued under the terms and conditions of the increment I, increment II and
increment III development orders as amended, together with the applicable master development
order, as may be modified pursuant to F.S. § 380.06(19) (1-98-72011), and which shall be
measured by the following land uses:
DOWNTOWN
r
Land Uses
Increment I
(1988-1997)
Increment II
(1992-1999)
Increment III
(1999-2007)
Totals
Office
(gross square feet)
6,919,550
3,600,000
3,700,000
14,219,550
Government office
(gross square feet)
300,000
250,000
200,000
750,000
Retail/service
(gross square feet)
1,050,000
400,000
500,000
1,950,000
Hotel (rooms)
1,500
500
1,100
3,100
Residential
(dwelling units)
3,550
2,550
2,920
9,020
.Convention
(gross square feet)
500,000
0
0
500,000
;Wholesale/industrial
(gross square feet)
1,050,000
1,050,000
2,100,000
(Institutional
(gross square feet)
300,000
0
300,000
600,000
Attractions/recreation (seats)
6,500
1,600
5,000
13,100
City of Miami
Page 23 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
SOUTHEAST OVERTOWN/PARK WEST
Land Uses
Increment I
1997)
Increment II
1999)
Increment III
2007)
Totals
{1988
{1988-2005)
{1992
(1992-2019)
(1999
(2012-2025)
Office (gross square feet)
166,000
337,000
500,500
1,003,500
2,300,000
2,803,000
Retail/service general commercial
(gross square feet)
95,400
71,700
90,600
257,700
1,417,100
72,272
94,828
1,250,000
Hotel (rooms)
0
500
6002,100
1,0002,600
Residential (dwelling units)
2,000
2,000
54,000
9,0008,000
Attractions (seats)
8,000
8,000
0
16,000
Conference (gross square feet)
0
0
200,000
200,000
Work: Work shall be considered to have commenced and be in active progress when the
planning, building and zoning director planning director determines, after consultation with the
city's building official, that a full complement of workmen and equipment is present at the site to
diligently, in accordance with normal and customary construction scheduling, incorporate
materials and equipment into the structure throughout the day on each full working day, weather
permitting.
Zoning ordinance shall mean city Ordinance Number 13114, known as Miami 21 Zoning Code,
or a successor ordinance, the zoning ordinance of the City of Miami.
Secs. 14-123-14-150. - Reserved.
*
DIVISION 2. - RESERVATION OF DEVELOPMENT CREDITS
Sec. 14-151. - Downtown: With building permit.
Sec. 14-152. — Downtown: With major use special permit.
Sec. 14-153. — Downtown: Time limits on development credit reservation after building permit
issued.
Sec. 14-154. — Downtown: Reallocation of development credits subsequent to expiration or
rescission of reservation.
Sec. 14-155. — Downtown: Changes in plans subsequent to reservation of development credits.
Sec. 14-156. — Downtown: Appeals.
City of Miami Page 24 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
Section 11 154 11 180. Reserved
Sec 14-157. — Southeast Overtown/Park West: With building permit.
Sec. 14-158. - Southeast Overtown/Park West: With major use special permit.
Sec. 14-159. - Southeast Overtown/Park West: Time limits on development credit reservation
after building permit issued.
Sec. 14-160. - Southeast Overtown/Park West: Reallocation of development credits subsequent
to expiration or rescission of reservation.
Sec. 14-161. - Southeast Overtown/Park West: Changes in plans subsequent to reservation of
development credits.
Sec. 14-162. - Southeast Overtown/Park West: Appeals.
Sec. 14-163. — Southeast Overtown/Park West: Notice to Southeast Overtown/Park West
Community Redevelopment Agency
Secs. 14-164-14-180. - Reserved.
Sec. 14-151. - Downtown: With building permit.
Application for reservation of development credits for net new development within the downtown
DRI areas that is not required to undergo major use special
permit (MUSP) review pursuant to Ordinance Number 11000, the zoning ordinance of the city,
as amended, shall be made concurrent with applications for a building permit. Reservations for
development credits will be issued simultaneously with an approved building permit subject to
the payment of all applicable fees at the time when due pursuant to ordinance.
Sec. 14-152. - Downtown: With major use special permit.
(a) Application for reservation of development credits for net new development within the
downtown DRI areas that because of its size and nature
must undergo major use special permit (MUSP) review pursuant to Ordinance Number 11000,
the zoning ordinance of the city, as amended, shall be made concurrent with the application for
a MUSP. Applicants shall only apply for reservation of development credits for those portions or
phases of their net new development anticipated to be under construction within 24 months from
the date of the issuance of the MUSP. Subsequent phases may receive a reservation only after
the building permit has been issued for the prior phase. Reservation of development credits
shall be issued simultaneous with the MUSP, subject to the payment of all applicable fees at the
time when due pursuant to ordinance, and further subject to adherence to the following time
limitations:
(1) Within six months from the effective date of the MUSP, the applicant must
demonstrate to the planning, building and zoning director that design development plans
and drawings for those portions of net new development for which a reservation of
City of Miami Page 25 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
development credits has been issued are in progress and are likely to be completed
within the succeeding six months.
(2) Within 12 months from the effective date of the MUSP, the applicant must submit a
letter of intent to provide construction financing from a lending institution or other
qualified source and demonstrate to the planning, building and zoning director that
working drawings/construction documents for those portions of net new development for
which a reservation of development credits has been issued are in progress and likely to
be completed within the succeeding six months.
(3) Within 18 months from the effective date of the MUSP, the applicant must submit a
binding letter of commitment for construction financing from a lending institution or other
qualified source and demonstrate to the planning, building and zoning director that a
complete application for a building permit has been submitted to the planning, building
and zoning department for those portions of net new development for which a
reservation of development credits has been issued.
(4) Within 24 months from the effective date of the MUSP, the applicant must
demonstrate to the planning, building and zoning director that the building permit has
been obtained and that work has commenced on the net new development for which a
reservation of development credits has been issued.
(b) It shall be the responsibility of the holder of the MUSP to submit the required information, in
writing, to the planning, building and zoning director on or before the expiration date of each of
the above -described six-month intervals. At any of the above -described intervals the planning,
building and zoning director may rescind the reservation of development credits for failure to
comply with the time limitations. Notice of intent to rescind a reservation for development credits
shall be made, in writing, by the planning, building and zoning director, stating reasons therefor,
within 15 days from the expiration date of the current six-month interval of the time limitations.
The credit holder may present additional facts, information or data in support of his position prior
to the rendering of a final decision by the planning, building and zoning director which shall be
made in writing within 30 days from the expiration date of the current six-month interval of the
time limitations. Development credits rescinded pursuant to this paragraph shall be held in
reserve by the planning, building and zoning department pending the outcome of an appeal
pursuant to section 14-156
Sec. 14-153. - Downtown: Time limits on development credit reservation after building permit
issued.
Reservations of development credits will remain in effect for so long as the building permit
remains in effect in accord with the South Florida Building Code, except as provided herein.
(1) After 20 percent or more of the construction is complete, as measured by
construction loan disbursements, on the full amount of net new development for which a
reservation of development credits is applicable, the reservation shall not expire or be
rescinded except by termination of the building permit. It shall be the responsibility of the
credit holder to submit bank drafts or other relevant documentation to the planning,
building and zoning director to verify required pro rata completion of said construction.
City of Miami Page 26 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
(2) Prior to completion of 20 percent of construction, as provided above, if "work"
appears not to be actively underway for at least 50 percent of the working days (Monday
through Friday, national holidays excluded) within any given six-month period, the
planning, building and zoning director may, by certified mail, request a review of the
reasons for the work stoppage. If the credit holder fails to respond in writing with
supporting documentation, within 15 days, or if the planning, building and zoning director
finds that work has been abandoned or is likely to be stopped for longer than a six-
month period of time due to financial failure, legal action, or any other reason, he/she
may rescind the reservation of development credits. Notice of intent to rescind a
reservation for development credits shall be made in writing by the planning, building
and zoning director, stating reasons therefor, within 30 days from the date that the
planning, building and zoning director transmits, by certified mail, the written request for
review of the work stoppage. The credit holder may present additional facts, information,
or data in support of his position prior to the rendering of a final decision by the planning,
building and zoning director which shall be made in writing within 45 days from the date
that the credit holder received the written request for review of the work stoppage. If the
planning, building and zoning director, after consulting with the city's building official,
finds sufficient evidence that work will be resumed within the succeeding six-month
period and will continue on a reasonable timetable for the size and nature of the
construction project, according to local construction industry standards, he shall not
rescind the reservation of development credits, but he/she may establish a reasonable
timetable for completion of at least 20 percent of the net new development, and
conditions upon which the reservation of development credits may be rescinded upon
failure to meet the timetable. Work stoppages caused by civil unrest, labor disputes on
the site, or fire, shall be counted as "nonworking" days. Development credits rescinded
pursuant to this paragraph shall be held in reserve by the plannin'g, building and zoning
department pending the outcome of an appeal pursuant to section 14-156
Sec. 14-154. - Downtown: Reallocation of development credits subsequent to expiration or
rescission of reservation.
(a) If a reservation for development credits expires or is rescinded by the planning, building and
zoning director, pursuant to this article, those development credits shall be reserved on a first
come, first served basis for other net new development, subject to the following order of priority:
(1) Net new development with building permits approved subject to availability of
development credits.
(2) Net new development with pending building permit applications, based upon the date
of acceptance by the planning, building and zoning department of the complete building
permit applications.
(3) Net new development with a letter of commitment for construction financing and, if
applicable, an approved MUSP.
(4) Net new development with approved MUSPs, based upon the approval date of the
MUSP. If more than one MUSP was approved on the same date, priority will be based
upon the date of acceptance by the planning, building and zoning director of a complete
MUSP application.
City of Miami Page 27 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
(b) No sooner than six months after a reservation for development credits has expired or been
rescinded pursuant to this article, a new reservation for development credits may be given to the
same parcel of land, following submission of a new application and payment of all applicable
fees by the owner, subject to availability of development credits based upon the order of priority
listed above.
Sec. 14-155. - Downtown: Changes in plans subsequent to reservation of development credits.
Any proposed change in plans affecting the use or gross square footage of any net new
development shall be approved by the planning, building and zoning director. The reservation of
development credits and applicable fees shall be adjusted accordingly; provided, however, that
additional development credits shall be reserved only when available according to the order of
priority listed in section 14-154 above.
Sec. 14-156. - Downtown: Appeals.
(a) If a reservation of development credits is rescinded by the planning, building and zoning
director pursuant to this article, the credit holder may appeal said action to the city commission
by filing a notice of appeal with the city clerk, within 15 days from the date of transmission to the
planning, building and zoning director's written notification of reservation of development credit
rescission, and paying a filing fee of $500.00. The notice of appeal shall contain sufficient
documentation for the city commission to make a determination as to whether the credit holder
has complied with the relevant portion of the time limitations set forth in sections 14-152 and 14-
153 herein. A public hearing shall be scheduled for the next available city commission meeting,
not to exceed 45 days from the date of appeal, whereupon the city commission shall, by
resolution, ratify the action of the planning, building and zoning director or shall reinstate all or
part of the reservation of development credits for a time certain not to exceed six months,
except as provided below, subject to appropriate terms and conditions, and subject to
compliance with subsequent intervals of the time limitations set forth in sections 14-152 and 14-
153
(b) If work has been halted by court injunction or governmental action, the city commission may
reinstate all or part of the credits for a time certain not to exceed one year upon a strong
evidentiary showing by the appellant that matters giving rise to the injunction or governmental
action have a very high probability of being resolved within six months of the date of the
appellant's city commission public hearing.
(c) Review of actions of the city commission in reinstating a reservation of development credits,
reinstating a reservation of development credits subject to terms and conditions, reinstating a
portion of a reservation of development credits whether or not subject to terms and conditions,
or denying reinstatement of a reservation of development credits shall be by filing a notice of
appeal with the circuit court in accordance with the procedure and within the time provided by
the Florida Rules of Appellate Procedure for the review of rulings of any commission or board.
Sec. 14-157. — Southeast Overtown/Park West: Reservation of development credit.
(a) Application for reservation of development credits for net new development within the
Southeast Overtown/Park West DRI area may be made after zoning approval of a project and
the furnishing of a notice of intent to apply for development credit to the executive director of the
Southeast Overtown/Park West Community Redevelopment Agency, with the payment of
Administration and Master Plan Recovery fees. Applicants shall only apply for reservation of
City of Miami Page 28 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
development credits for those portions or phases of their net new development anticipated to be
under construction within 24 months from the date of zoning approval. Subsequent phases may
receive a reservation only after the building permit has been issued for the prior phase. All
applicable fees, including Administration, Master Plan Recover, Air Quality, and Transportation,
shall be paid prior to obtaining a building permit. Development credits shall be issued upon
payment of all applicable fees. Reservation and issuance of development credits are further
subject to adherence to the following time limitations:
(1) Within 12 months from the reservation of development credits, the applicant must
demonstrate to the planning director that construction drawings for those portions of net
new development for which a reservation of development credits has been issued are in
progress and are likely to be completed within the succeeding six months.
(2) Within 24 months of a reservation of development credits the applicant must pay all
applicable fees, obtaining development credits, and obtain a building permit for the
development for which the credit was issued.
(3) Within 24 months of the issuance of a building Permit, the applicant must
demonstrate to the planning director that the building permit has been obtained and that
work has commenced on the net new development for which development credits have
been issued.
(4) Application for modifications to approved plans within the aforementioned
timeframes shall toll required timeframes. The date of zoning approval of a modification
shall then be considered as the new date of reservation of development credits or
issuance of development credits as the case may be.
(b) It shall be the responsibility of the holder of a reservation of development credits or
development credits to submit the required information in writing to the planning director and
obtain the necessary permits on or before the expiration date of each of the above -described
intervals. At or after any of the above -described intervals the planning director may rescind the
reservation of development credits or obtained development credits for failure to comply with the
time limitations. Notice of intent to rescind a reservation for development credits shall be made,
in writing, by the planning director, stating reasons for the rescission. The credit holder may
present additional facts, information or data in support of his position prior to the rendering of a
final decision by the planning director, which shall be made in writing within 30 days of the date
of transmission of the planning zoning director's written notification of reservation of
development credit or development credit rescission. Development credits rescinded pursuant
to this paragraph shall be held in reserve by the Planning and Zoning Department pending the
outcome of an appeal pursuant to section 14-162.
Sec. 14-158. - Reserved
Sec. 14-159. - Southeast Overtown/Park West: Time limits on development credit reservation
after building permit issued.
Development credits will remain in effect as long as the building permit remains in effect in
accord with the Florida Building Code. If construction has commenced, development credits will
remain in effect in perpetuity unless the construction site is abandoned and any constructed
improvements are condemned or demolished; in which case the planning director may rescind
City of Miami Page 29 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
the development credits. Notice of intent to rescind development credits shall be made, in
writing, by the planning director, stating reasons for the rescission. The credit holder may
present additional facts, information or data in support of his position prior to the rendering of a
final decision by the planning director, which shall be made in writing within 30 days of the date
of transmission of the planning zoning director's written notification of reservation of
development credit or development credit rescission. Development credits rescinded pursuant
to this paragraph shall be held in reserve by the Planning and Zoning Department pending the
outcome of an appeal pursuant to section 14-162.
Sec. 14-160. - Southeast Overtown/Park West: Reallocation of development credits subsequent
to expiration or rescission of reservation.
(a) If a reservation for development credits expires or is rescinded by the planning director,
pursuant to this article, those development credits shall be reserved on a first come, first served
basis for other new development.
(b) No sooner than six months after a reservation for development credits has expired or been
rescinded pursuant to this article, a new reservation for development credits may be given to the
same parcel of land, following submission of a new application and payment of all applicable
fees by the owner, subject to availability of development credits.
Sec. 14-161. - Southeast Overtown/Park West: Changes in plans subsequent to reservation of
development credits.
Any proposed change in plans affecting the use or square footage of any net new development
shall be approved by the planning director. The reservation of development credits and
applicable fees shall be adjusted accordingly; provided, however, that additional development
credits shall be reserved only when available according to the order of priority listed in section
14-160 above.
Sec. 14-162. - Southeast Overtown/Park West: Appeals.
(a) If a reservation of development credits is rescinded by the planning director pursuant to this
article, the credit holder may appeal said action to the city commission by filing a notice of
appeal with the city clerk, within 30 days from the date of transmission of the planning director's
written notification of reservation of development credit or development credit rescission, and
paying a filing fee of $500.00. The notice of appeal shall contain sufficient documentation for the
city commission to make a determination as to whether the credit holder has complied with the
relevant portion of the time limitations set forth in sections 14-152 and 14-153 herein. A public
hearing shall be scheduled for the next available city commission meeting, not to exceed 60
days from the date of appeal, whereupon the city commission shall, by resolution, ratify the
action of the planning director or shall reinstate all or part of the reservation of development
credits for a time certain not to exceed six months, except as provided below, subject to
appropriate terms and conditions, and subject to compliance with subsequent intervals of the
time limitations set forth in sections 14-157 and 14-159.
(b) If work has been halted by court injunction or governmental action, the city commission may
reinstate all or part of the credits for a time certain not to exceed one year upon a strong
evidentiary showing by the appellant that matters giving rise to the injunction or governmental
City of Miami Page 30 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
action have a very high probability of being resolved within six months of the date of the
appellant's city commission public hearing.
(c) Review of actions of the city commission in reinstating a reservation of development credits,
reinstating a reservation of development credits subject to terms and conditions, reinstating a
portion of a reservation of development credits whether or not subject to terms and conditions,
or denying reinstatement of a reservation of development credits shall be by filing a notice of
appeal with the circuit court in accordance with the procedure and within the time provided by
the Florida Rules of Appellate Procedure for the review of rulings of any commission or board.
Sec. 14-163. — Southeast Overtown/Park West: Notice to Southeast Overtown/Park West
Community Redevelopment Agency.
A courtesy copy of all notices required under sections 14-159 through 14-162 shall be
transmitted to the executive director of the Southeast Overtown/Park West Community
Redevelopment Agency.
(Secs. 14-164-14-180. - Reserved.
DIVISION 3. - DEVELOPMENT REGULATIONS
Sec. 14-181. - Downtown: Environmental regulations.
Sec. 14-182. - Downtown: Transportation control measures.
Secs. 14 183 14.210 Reserved
Sec. 14-183 - Southeast Overtown/Park West: Environmental regulations.
Sec. 14-184 - Southeast Overtown/Park West: Transportation control measures.
Secs. 14-185-14-210. - Reserved.
Sec. 14-181. - Downtown: Environmental regulations.
All development shall adhere to all terms and conditions in the development orders and in
addition:
(1) During construction, all Downtown development with areas of exposed soil over
5,000 square feet shall have said exposed areas sprayed with water as frequently as
necessary to prevent airborne dust. Other methods of controlling airborne dust may be
substituted if approved by DERM DRER. If any area of exposed soil over 5,000 square
City of Miami Page 31 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
feet is intended to be undisturbed by construction for more than 90 days, such area shall
be sodded or seeded and mulched to provide grass cover.
(2) During construction, section 4611.1 of the South Florida Building Code shall be
enforced by requiring all stormwater runoff to be retained on site, or by placing
temporary screens, berms, and/or riprap around the perimeter of the construction site to
filter all stormwater runoff until the permanent stormwater retention system is operative.
Such retention or filtration systems shall be approved by DERM DRER and the city
department of public works.
(3) All stormwater drainage systems shall be approved by DERM DRER pursuant to the
South Florida Water Management District rules; and shall be designed to retain on site
at least the first one inch of runoff from a five-year storm event.
(4) All drainage structures, including wells, shall include pollutant -retardant devices
approved by DERM DRER pursuant to the South Florida Water Management District
rules. Such pollutant -retardant devices shall be maintained in efficient operating
condition, including periodic removal of accumulated contents.
(5) Net new development shall reduce pollutants entering groundwater and/or surface
waters by limiting application of pesticides and fertilizers in vegetated stormwater
retention areas to once per year for preventive maintenance and to emergencies, such
as uncontrolled insect infestation.
(6) Net new development shall reduce pollutants entering groundwater and/or surface
waters by vacuum sweeping all parking lots of 11 or more vehicle spaces and private
roadways serving the parking lots at least once per week.
(7) All development is subject to section 24-35.1 of the Dade County Code.
(8) Prior to construction on any site, all invasive exotic plants shall be removed,
specifically melaleuca, casuarina, and Brazilian pepper. Net new development shall use
only those species included in the official list of recommended plant species prepared by
the South Florida Regional Planning Council, as may be amended from time to time;
provided, however, that additional species may be used if written approval is supplied by
the executive director of the South Florida Regional Planning Council. Said official list is
on file with the planning, building and zoning department.
Sec. 14-182. - Downtown: Transportation control measures.
(a) General requirements. The following requirements shall apply to all Downtown development
except renovation of existing structures or land improvements; change of use or intensity of use
of an existing structure or land improvement; when such change generates a net increase of
less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous use or
intensity; new structures or additions to existing structures of less than 10,000 square feet;
excavation; demolition; or deposit of fill. Development not excluded above shall:
(1) Actively encourage all employees within the development to participate in carpools or
vanpools by establishing or participating in an information and referral program, and
shall maintain a current list (updated annually) of all employees interested in
City of Miami Page 32 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
participating in a carpool or vanpool. At least once each calendar year, carpool, vanpool,
and ridesharing information packages and questionnaires shall be obtained from the
Florida department of transportation through its regional commuter assistance program
for the South Florida region and distributed to all tenants and employees.
(2) Establish and maintain current local and regional mass transit route and schedule
information in locations throughout the development that are visible and accessible to
existing and potential transit users. Mass transit route and schedule information shall be
displayed in a prominent public area of the building such as the lobby or near pedestrian
access points to parking garages or lots. At no less than six-month intervals, route and
schedule information maintained on the premises shall be verified as to current status
and replaced if obsolete.
(3) Encourage mass transit use by the provision of bus shelters, bus turnout lanes, or
other physical improvements intended to improve the safety, comfort, or convenience of
transit ridership, where such transit amenities are needed as determined by the
planning, building and zoning director.
(4) Encourage mass transit use through the purchase of transit passes from Metropolitan
Miami Dade County, and making them available to building tenants and/or employees at
a discounted price or at no charge, or in lieu of employer -subsidized employee parking.
(5) Reduce peak -hour trip generation through scheduling, where practical, staggered
work hours for employees.
(b) Parking requirements. The following parking requirements shall apply to all Downtown
development except: renovation of existing structures or land improvements; change in use or
intensity of use of an existing structure or land improvement; when such change generates a net
increase of less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous
use or intensity; new structures or additions to existing structures of less than 10,000 square
feet; excavation; demolition; or deposit of fill. Development not excluded above shall comply as
follows:
(1) Parking shall be provided by the development in accordance with the applicable
provisions of the city's zoning regulations, but in no case shall parking be provided in
excess of the following amounts:
MAXIMUM PARKING SPACES
PERMITTED BY TYPE OF USE
Use
Maximum Parking
Residential
2 spaces per dwelling unit
Retail
1 space per 300 sq. ft. GFA
Hotel/motel
1.5 spaces per room
Restaurant
1 space per 100 sq. ft. GFA
r
Office/other
1 space per 600 sq. ft. GFA in the CBD-1 zoning district and 1 space per 400 sq. ft.
GFA elsewhere
City of Miami
Page 33 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
(2) Of the total parking provided, the number of spaces that can be placed on -site may
be constrained by the city due to street capacity and/or air quality requirements.
(3) The minimum number of required parking spaces shall be in accordance with the
applicable provisions of the city's zoning regulations. For office uses only, there shall be
no minimum number of spaces required to be on site; all parking may be located off site
in a location approved by the city. If less than the minimum number of required spaces is
permitted to be located on site, then:
a. The developer shall execute a permanent agreement to purchase transit
passes in lieu of providing parking spaces, in an amount equal to two transit
passes per each required parking space that is not provided;
b. The developer shall make a one-time payment equal to the current "gap -
financing" cost for each space as established by the city's department of off-
street parking and enter into an agreement with the department of off-street
parking to lease the spaces once built; or
c. The developer shall own or lease the off -site spaces elsewhere in a location
approved by the city. "Elsewhere" is defined as being one or a combination of the
following locations:
1. A peripheral downtown location near expressway and/or arterial street
entrance to downtown and within a maximum of 600 feet walking distance
to a Metrorail or Metromover station or, if more than 600 feet walking
distance from a Metrorail or Metromover station, connected by a parking
shuttle system approved by the city.
2. Any outlying location within a maximum of 1,200 feet walking distance
to a Metrorail station or a designated Metrobus park/ride facility approved
by the city.
(c) Air quality requirements. The following air quality requirements shall apply to all Downtown
development except: renovation of existing structures or land improvements; change in use or
intensity of use of an existing structure or land improvement when such change generates a net
increase of less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous
use or intensity; new structures or additions to existing structures of less than 10,000 square
feet; excavation; demolition; or deposit of fill. Development not excluded above shall comply as
follows:
Air quality modeling for carbon monoxide (CO) concentrations may be required by the city at
any intersection projected to operate at level of service (LOS) E or F. If required, the CO
modeling shall be conducted according to Dade County department of environmental resourcco
management (DERM) DRER standards and submitted in a report that includes an assessment
of transportation control measures required to maintain CO concentrations below 80 percent of
the State of Florida's eight -hour standard of ten micrograms per cubic meter, during the year
following occupancy of the development. The development shall be responsible for its fair share
of any transportation improvement deemed by the city to be necessary to protect against future
violations of the CO standard.
City of Miami Page 34 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
(d) Large scale development requirements. In addition to the requirements of paragraphs (a)
through (c) above, any Downtown development that requires a major use special permit
pursuant to the provisions of the city's zoning regulations shall comply with these additional
requirements:
(1) Submit a transportation control measures (TCM) plan as a part of the application for
a major use special permit. Such TCM plan shall outline and describe the transportation
control measures proposed to be undertaken by the development in order to achieve a
reduction of at least ten percent in peak hour vehicle trips. The plan shall describe a
reporting procedure that will measure actual performance against the TCM plan's
objectives.
(2) Each year following issuance of a certificate of occupancy, the development shall
submit an annual report describing actual performance against the TCM plan objectives,
an evaluation of such performance, and recommendations for modification to the TCM
plan, if any.
(e) Special provisions.
(1) For special uses possessing unique characteristics that affect parking requirements,
such as convention center, sports arena, stadium, auditorium, museum, theater, major
league ballpark, and the like, parking requirements shall be calculated for each such use
based on its special characteristics, hours and days of peak operation, location with
respect to Metrorail, Metromover, and Metrobus services, peripheral and other existing
parking, and similar unique characteristics that affect the quantity and location of
necessary parking.
(2) Parking as a principal permitted use may be permitted in such quantities and
locations as determined by the city to be necessary to satisfy a measurable deficiency
between the need for, and supply of, parking spaces that cannot be reduced through
rigorous application and enforcement of the transportation control measures contained
herein.
Sec. 14-183 - Southeast Overtown/Park West: Environmental regulations.
All development shall adhere to all terms and conditions in the development orders and in
addition:
(1) During construction, all Southeast Overtown/Park West development with areas of
exposed soil over 5,000 square feet shall have said exposed areas sprayed with water
as frequently as necessary to prevent airborne dust. Other methods of controlling
airborne dust may be substituted if approved by DRER. If any area of exposed soil over
5,000 square feet is intended to be undisturbed by construction for more than 90 days,
such area shall be sodded or seeded and mulched to provide grass cover.
(2) During construction, section 3307.1 of the Florida Building Code shall be enforced by
requiring all stormwater runoff to be retained on site, or by placing temporary screens,
berms, or riprap around the perimeter of the construction site to filter all stormwater
City of Miami Page 35 of 40 File Id.• 13-00763zt (Version 1) Printed On: 7/9/2013
runoff until the permanent stormwater retention system is operative. Such retention or
filtration systems shall be approved by DERM and the city department of public works.
(3) All stormwater drainage systems shall be approved by DRER pursuant to Miami -
Dade County and the South Florida Water Management District rules; and shall be
designed to retain on site at least the first one inch of runoff from a five-year storm event.
(4) All drainage structures, including wells, shall include pollutant -retardant devices
approved by DRER pursuant to Chapter 24, Miami -Dade County and the applicable
South Florida Water Management District rules. Such pollutant -retardant devices shall
be maintained in efficient operating condition, including periodic removal of accumulated
contents.
(5) Net new development shall reduce pollutants entering groundwater or surface waters
by limiting application of pesticides and fertilizers in vegetated stormwater retention
areas to once per year for preventive maintenance and to emergencies, such as
uncontrolled insect infestation.
(6) Net new development shall reduce pollutants entering groundwater or surface waters
by vacuum sweeping all parking lots of 11 or more vehicle spaces and private roadways
serving the parking lots at least once per week.
(7) All development is subject to section 24-18 of the Miami -Dade County Code.
(8) Prior to construction on any site, all invasive exotic plants shall be removed,
specifically melaleuca, casuarina, and Brazilian pepper. Net new development shall use
only those species included in the official list of recommended plant species prepared
by- DRER, as may be amended from time to time; provided, however, that additional
species may be used if written approval is supplied by DRER. Said official list is on file
with the planning, building and zoning departments.
(9) All fill material utilized for excavation activities or from offsite sources shall meet the
clean soils criteria of the Florida Department of Environmental Protection (FDEP), and
DRER, as applicable.
Sec. 14-184 - Southeast Overtown/Park West: Transportation control measures
(a) General requirements. The following requirements shall apply to all Southeast
Overtown/Park West development except renovation of existing structures or land
improvements; change of use or intensity of use of an existing structure or land improvement;
when such change generates a net increase of less than 50 peak -hour vehicle trips over the
vehicle trip generation of the previous use or intensity; new structures or additions to existing
structures of less than 10,000 square feet; excavation; demolition; or deposit of fill.
Development not excluded above shall:
(1) Actively encourage all employees within the development to participate in carpools,
vanpools, bicycle sharing, car sharing and the use of hybrid vehicles by establishing or
participating in an information and referral program, installing electric vehicle charging
City of Miami Page 36 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
stations within the development's parking facilities, and maintain a current list (updated
annually) of all employees interested in participating in such programs. At least once
each calendar year, ridesharing information packages and questionnaires shall be
obtained from the Florida department of transportation through its regional commuter
assistance program for the South Florida region and distributed to all tenants and
employees.
(2) Establish and maintain current local and regional mass transit route and schedule
information as well wayfinding signage for access to bicycle lanes and qreenways in
locations throughout the development that are visible and accessible to existing and
potential transit users. Mass transit route and schedule information shall be displayed in
a prominent public area of the building such as the lobby or near pedestrian access
points to parking garages or lots. At no less than six-month intervals, route and schedule
information maintained on the premises shall be verified as to current status and
replaced if obsolete.
(3) Provide site plan amenities such as improved pedestrian access to transit stops, and
short term bicycle parking near building entrance and long term bicycle storage facilities.
Encourage mass transit use by the provision of bus shelters, bus turnout lanes, or other
physical improvements intended to improve the safety, comfort, or convenience of transit
ridership, where such transit amenities are needed as determined by the planning,
building and zoning director.
(4) Encourage mass transit use through the purchase of transit passes from Miami -
Dade County, and making them available to building tenants or employees at a
discounted price or at no charge, or in lieu of employer -subsidized employee parking.
(5) Reduce peak -hour trip generation through scheduling, where practical, staggered
work hours for employees, flexible work hours, and telecommutinq programs.
(6) Provide public access to planned and existing Greenways adjacent to property, and
provide wayfindinq to reach the qreenway from the street.
(b) Parking requirements. The following parking requirements shall apply to all Southeast
Overtown/Park West development except: renovation of existing structures or land
improvements; change in use or intensity of use of an existing structure or land improvement;
when such change generates a net increase of less than 50 peak -hour vehicle trips over the
vehicle trip generation of the previous use or intensity; new structures or additions to existing
structures of Tess than 10,000 square feet; excavation; demolition; or deposit of fill.
Development not excluded above shall comply as follows:
(1) Parking shall be provided by the development in accordance with the applicable
provisions of the city's zoning regulations, but in no case shall parking be provided in
excess of the following amounts:
MAXIMUM PARKING SPACES
PERMITTED BY TYPE OF USE
{
Use
Maximum Parking
City of Miami Page 37 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
r
Residential
1.5 spaces per dwelling unit
Retail
1 space per 600 sq. ft. GFA
r
;Hotel/motel
1.5 spaces per room
Restaurant
1 space per 600 sq. ft. GFA
r--
Office/other
1 space per 900 sq. ft. GFA east of the FEC
1 space per 600 sq. ft. GFA west of the FEC
(2) Of the total parking provided, the number of spaces that can be placed on -site may
be constrained by the city due to street capacity or air quality requirements.
(3) The minimum number of required parking spaces shall be in accordance with the
applicable provisions of the city's zoning regulations. For office uses only, there shall be
no minimum number of spaces required to be on site; all parking may be located off site
in a location approved by the city. If less than the minimum number of required spaces is
permitted to be located on site, then:
a. The developer shall execute a permanent agreement to purchase transit
passes in lieu of providing parking spaces, in an amount equal to two transit
passes per each required parking space that is not provided;
b. The developer shall make a one-time payment equal to the current "gap -
financing" cost for each space as established by the city's department of off-
street parking and enter into an agreement with the department of off-street
parking to lease the spaces once built; or
c. The developer shall own or lease the off -site spaces elsewhere in a location
approved by the city. "Elsewhere" is defined as being one or a combination of the
following locations:
1. A peripheral downtown location near expressway or arterial street
entrance to downtown and within a maximum of 600 feet walking distance
to a Metrorail or Metromover station or, if more than 600 feet walking
distance from a Metrorail or Metromover station, connected by a parking
shuttle system approved by the city.
2. Any outlying location within a maximum of 1,200 feet walking distance
to a Metrorail station or a designated Metrobus park/ride facility approved
by the city.
(c) Air quality requirements. The following air quality requirements shall apply to all Southeast
Overtown/Park West development except: renovation of existing structures or land
improvements; change in use or intensity of use of an existing structure or land improvement
when such change generates a net increase of less than 50 peak -hour vehicle trips over the
vehicle trip generation of the previous use or intensity; new structures or additions to existing
structures of less than 10,000 square feet; excavation; demolition; or deposit of fill.
Development not excluded above shall comply as follows:
City of Miami Page 38 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
Air quality modeling for carbon monoxide (CO) concentrations may be required by the city at
any intersection projected to operate at level of service (LOS) E or F. If required, the CO
modeling shall be conducted according to DRER standards and submitted in a report that
includes an assessment of transportation control measures required to maintain CO
concentrations below 80 percent of the State of Florida's eight -hour standard of ten micrograms
per cubic meter, during the year following occupancy of the development. The development
shall be responsible for its fair share of any transportation improvement deemed by the city to
be necessary to protect against future violations of the CO standard.
(d) Large scale development requirements. In addition to the requirements of paragraphs (a)
through (c) above, any development that requires a major use special permit pursuant to the
provisions of the city's zoning regulations shall comply with these additional requirements:
(1) Submit a transportation control measures (TCM) plan as a part of the application for
a major use special permit. Such TCM plan shall outline and describe the transportation
control measures proposed to be undertaken by the development in order to achieve a
reduction of at least ten percent in peak hour vehicle trips. The plan shall describe a
reporting procedure that will measure actual performance against the TCM plan's
objectives.
(2) Each year following issuance of a certificate of occupancy, the development shall
submit an annual report describing actual performance against the TCM plan objectives,
an evaluation of such performance, and recommendations for modification to the TCM
plan, if any.
(e) Special provisions.
(1) For special uses possessing unique characteristics that affect parking requirements,
such as convention center, sports arena, stadium, auditorium, museum, theater, major
league ballpark, and the like, parking requirements shall be calculated for each such use
based on its special characteristics, hours and days of peak operation, location with
respect to Metrorail, Metromover, and Metrobus services, peripheral and other existing
parking, and similar unique characteristics that affect the quantity and location of
necessary parking.
(2) Parking as a principal permitted use may be permitted in such quantities and locations as
determined by the city to be necessary to satisfy a measurable deficiency between the need for,
and supply of, parking spaces that cannot be reduced through rigorous application and
enforcement of the transportation control measures contained herein.
Secs. 14-185-14-210. - Reserved.
DIVISION 4. - ENFORCEMENT
City of Miami Page 39 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013
Sec. 14-211. - Penalty; procedures.
A violation of this article shall be prosecuted in the same manner as misdemeanors are
prosecuted and upon conviction the violator shall be punishable according to law; however, in
addition to, or in lieu of any criminal prosecution, the city shall have the power to sue in civil
court and to enforce the provisions of this article before its code enforcement board. Further, the
planning, building and zoning director, zoning administrator or building official are hereby
empowered to temporarily revoke any building permit or certificate of occupancy for
development evidencing violation of this article pending a recision rescission determination by
the planning, building and zoning director.
Secs. 14-212-14-250. - Reserved.
*„
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. {2}
APPROVED AS TO FORM AND CORRECTNESS
JULIE O. BRU
CITY ATTORNEY
.,Footnotes:
{1} Words/and or figures stricken through shall be deleted. Underscored words 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 40 of 40 File Id: 13-00763zt (Version 1) Printed On: 7/9/2013