HomeMy WebLinkAboutExhibitFISCAL YEAR 2013-2014
CAPITAL FUND APPROPRIATION AMENDMENT
APPROPRIATION ADJUSTMENTS JULY 24, 2014 - D3 POCKET ITEM 1
Item
No.
D(s)
From Project
Amount
From Fund
To Project
Amount
To Fund
Award / Source
1
3
40-B35857 - Jose Marti
Park Gym
(205,292.24)
35000 - Parks &
Recreation
40-8358618 - Maximo
Gomez/Domino Park
Restroom Improvements
D3
205,292,24
35000 - Parks &
Recreation
Award 1422 - Impact Fees
New Ordinance
APPROPRIATION ADJUSTMENTS
TOTALS
(205,292.24)
205,292.24
8/1/2014 11:52 AM
City of Miami
Legislation
Ordinance: 13475
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00607 Final Action Date: 7/24/2014
(4/5THS VOTE)
AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
CHAPTER 13/ARTICLE I/SECTION 13-5 OF THE CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ENTITLED "DEVELOPMENT IMPACT AND OTHER
RELATED FEES/IN GENERAL/DEFINITIONS", IN ORDER TO CHANGE THE
DEFINITION AND APPLICABLE USE OF FUNDS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, Chapter 13, Article 1 of the Code of the City of Miami, Florida, as amended, ("City
Code") authorizes the collection of impact fees to fund capital improvements to address demand for
public facilities attributable to new development; and
WHEREAS, currently, all City parks, as defined in Chapter 13 of the City Code, cannot benefit
from impact fees even though there is increased demand based on new development; and
WHEREAS, it is in the best interest of the City to amend Chapter 13 of the City Code to clarify
the definitions in order to meet the intent of Chapter 13 of the City Code as specified in Section 13-3;
and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the general welfare of the City and its residents, businesses, and visitors to
amend Chapter 13 of the City Code to clarify the definitions in order to meet the intent of Chapter 13 of
the City Code as specified in Section 13-3 by adopting this emergency ordinance;
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 incorporated as fully set forth in this Section.
Section 2. Chapter 13/Article 1, entitled "Development Impact and Other Related Fees/In
General," is amended in the following particulars: {1}
"CHAPTER 13
DEVELOPMENT IMPACT AND OTHER RELATED FEES
ARTICLE I. IN GENERAL
Section 13-5. Definitions.
As used in this article, the following words and terms shall have the following meanings, unless
City of Miami Page 1 of 5 File Id: 14-00607 (Version: 2) Printed On: 8/11/2014
File Number: 14-00607 Enactment Number: 13475
another meaning is plainly intended:
Affordable housing shall mean, solely for purposes of this article, owner -occupied and/or rental
housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the
amounts established by the applicable standards as determined by the department of community
development in relation to the affordable housing impact fee deferral program provided for in this
article.
Applicant shall mean the property owner, or duly designated agent of the property owner, of land
on which an application for a building permit is submitted and impact fees are due pursuant to this
article, or shall mean the property owner or duly designated agent of the property owner of land
identified in a credit agreement pursuant to subsection 13-16(e) where such property owner or agent is
responsible for the provision of system improvement(s).
Appropriation shall mean, for purposes of this article, funds identified in the capital budget related
to a system improvement.
Building permit shall mean the permit required for new construction and additions pursuant to this
Code. The term "building permit," as used herein, shall not be deemed to include permits required for
demolition of an existing structure. For purposes of this article, a building permit application shall be
considered complete and accepted by the city as of the date and time of original submittal if complete
building plans have been filed as prescribed by the city's zoning ordinance, as amended, and as
specified in a November 30, 2005 Memorandum regarding Building Permit Application from Jose L.
Ferras, City Building Official, to Hector Lima, the Director of the; City Building Department.
Capital budget shall mean the city's current fiscal year capital budget which is the first year of the
six -year capital improvements program and which identifies capital projects that are proposed to be
initiated in that fiscal year or to receive any changes in funding in that fiscal year.
Capital improvement program (CIP) shall mean the city's current six -year program of proposed
capital improvements which identifies all capital projects that are proposed to be initiated during the
six -year period.
Capital improvement projects shall mean all projects for which funds are appropriated in the CIP.
Capital improvement projects, including, but not limited to, capital equipment, land, facilities and site
improvements, that are funded in whole or in part with impact fee funds must cost at least $13,000.00
and have a useful life of at least five years.
Central business district means properties having the zoning classification of "CBD" (Central
business district) as of November 19, 2002.
City shall mean the City of Miami, Florida.
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, and any successor
comprehensive plan.
Development shall have the meaning given it in F.S. § 380.04, subject to exclusions contained
City of Miami Page 2 of 5 File Id: 14-00607 (Version: 2) Printed On: 8/11/2014
File Number: 14-00607 Enactment Number: 13475
herein.
Dwelling unit shall mean one or more interconnected rooms with a single kitchen facility and
sanitary facilities provided for the exclusive use of a single household. The term dwelling unit as used
in this article shall be deemed to include mobile home and manufactured home dwellings.
Fire -rescue system improvement means system improvements that add capacity to the city's fire
and rescue system, including facilities, fire suppression vehicles and equipment, and emergency
medical services vehicles and equipment.
General Services System Improvement means system improvements that add capacity to the
city's administrative office space capital equipment and vehicle fleets for the following departments:
Building, code enforcement, NET, economic development, city attorney, CIP, GSA, information
technology, parks, public works and solid waste.
Governmental uses shall mean buildings or facilities owned and operated by the United States of
America or any agency thereof, a sovereign state or nation, the state or any agency thereof, a county,
a special district, a school district, a municipal corporation, or a charter school organized and approved
as a public school under F.S. § 228.056.
Gross floor area (GFA) shall mean the total square footage of a building measured in feet from the
exterior faces of exterior walls or other exterior boundaries of the building, excluding parking areas
within the interior of the building. If a site contains multiple buildings, the gross floor area shall be
computed separately for each building. The definition of gross floor area in the ITE Trip Generation
Manual shall be used to resolve any questions regarding calculation of gross floor area.
High rise residential development shall mean development of residential buildings with ten or more
dwelling units per building.
Impact fee shall mean a fee imposed at building permit issuance and calculated based upon a
new development's proportionate share of the average cost of new development.
Impact fee coefficient shall mean the charge per square foot of development applicable to
development for which a building permit application is submitted to and accepted as complete by the
city prior to 5:00 p.m. on January 15, 2006 and imposed pursuant to section 13-7 and sections 13-22
through 13-27.
ITE Trip Generation Manual shall mean and refer to the report entitled "Trip Generation" (Seventh
Edition, 2003) of the Institute of Transportation Engineers, and any official updates thereto, as
approved and accepted by the city.
Low rise residential development shall mean development of residential buildings with two to nine
dwelling units per building.
New development shall mean the carrying out of any building activity or the making of any
material change in the use of a structure or land that requires the issuance of a building permit and
which generates demand for capital facilities and equipment over and above the previously existing
documented use of the structure or land, but excluding governmental uses and deminimis
development under section 13-6.
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Nonresidential development shall mean all new development other than residential development
and governmental uses, as herein defined, and including, but not limited to, industrial, manufacturing,
warehousing, mini -warehousing, lodging, schools and daycare, hospital, nursing home, general office,
medical -dental office, business park, and commercial uses, and which includes those uses specified in
the ITE Trip Generation Manual under Land Use Code Series 100, 300, 400, 500, 600, 700, 800 and
900.
Owner -occupied units means dwelling units for individual sale by a developer and intended for
occupancy by an owner, as opposed to rental residential development.
Parks and recreation system improvement means land, capital improvements, capital facilities,
and capital equipment that add capacity to the city-wide park system, waterfront park system or public
pools/gymnasiums, including but not limited to improvements to City-wide parks that will enhance
and/or expand park use to all residents, site improvements that encourage self -directed use of passive
parks, and recreation based improvements that enhance community parks and allow expansion of
programming led by the Parks Department. Capital improvements can include, but are not limited to,
new playground equipment; ball fields for league play; swimming pools and buildings used for
recreation programs; site furnishings such as benches, picnic tables, and shade structures; and
program equipment such as computers, water sport equipment, soccer goals, and fitness equipment.
City-wide parks include those parks that are at least three acres in size have capital improvements that
draw patrons from the entire geographic area of the city, including but not limited to, ball fields used for
league play, swimming pools, and buildings used for recreation programs. Waterfront parks are
city-wide parks, generally passive recreation areas, which provide public access to the bay, the Miami
River and other bodies of water, including linear improvements or trails that connect waterfront parks.
Police system improvement means land, capital improvements, capital facilities, and capital
equipment that add capacity to the city's police system.
Rental residential development shall mean dwelling units intended for long-term rental occupancy,
as opposed to short-term rentals such as hotel/motel development.
Single-family residential development shall mean development of detached buildings with one
dwelling unit per building intended for occupancy by a single household.
System improvements shall mean capital improvement projects in the CIP, with a cost of at least
$13,000.00 and a useful life of at least five years, that provide additional capacity serving multiple
development projects, multiple neighborhoods or the entire city. System improvements may include,
but are not limited to, land, facilities, site improvements, furnishings, Park program equipment, capital
equipment, and vehicles. System improvements shall not include property dedications, capital facilities
or capital equipment needed solely to serve a specific development. System improvements shall not
include replacement, rehabilitation, operations or maintenance of land, facilities or equipment.
System improvement cost shall mean amounts spent or appropriated in connection with the
planning, financing, acquisition, construction and development of a system improvement including,
without limitation, the costs of land acquisition and development, surveying, site testing, construction,
design, engineering, construction management and inspection, permitting, legal services, financial
services and administrative costs. Ancillary improvements directly related to a system improvement,
including but not limited to, parking, drainage improvements, landscaping, and capital equipment and
furnishings shall be considered part of the cost of the system improvement. System improvement
costs shall not include costs related to operations, maintenance, rehabilitation or replacement of
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capital facilities or equipment.
Site shall mean a legally described property capable of development pursuant to applicable city
ordinances and regulations.
*II
Section 3. If any section, part of a section, paragraph, clause, phrase or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance is declared to be an emergency measure on the grounds of
the urgent public need for the
preservation of peace, health, safety, and property of the City.
Section 5. The requirements of reading this Ordinance on two (2) separate days is
dispensed with on an affirmative vote of not less than four -fifths (4/5ths) of the members of the City
Commission.
Section 6. This Ordinance shall become effective immediately upon its adoption and
signature of the Mayor.{1}
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicated 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 Commission.
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