HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-01251 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
MANAGER TO DRAFT AN ORDINANCE THAT WOULD CREATE OPTIMAL PUBLIC
BENEFITS IN RETURN FOR TRANSFER OF DEVELOPMENT RIGHTS ("TDR")
LAND USE PROJECTS, FOR CITIZENS OF THE CITY OF MIAMI IN LARGE SCALE
DEVELOPMENT PROJECTS BY IMPLEMENTING A STABILIZED CONSUMER
PRICE INDEX ("CPI") TO ANY AND ALL SPECIAL AREA PLANS ("SAP').
WHEREAS, Section 3.9 of The Miami 21 Code, the Zoning Ordinance of the City of Miami,
Florida, as amended ("Miami 21"), allows for Special Area Plans ("SAPs") for projects greater than
nine (9) acres in size "... so as to allow greater integration of public improvements and Infrastructure,
and greater flexibility so as to result in higher or specialized quality building and Streetscape design . .
and
WHEREAS, SAPs, owing to the minimum acreage requirement, often are developed in multiple
phases; and
WHEREAS, Section 3.9.1.(f) of Miami 21 requires all development in a SAP to be
accomplished by a development agreement pursuant to Sections 163.3220-163.3243, Florida
Statutes, and that the "creation and retention of public benefits" be incorporated therein; and
WHEREAS, Section 3.14 of Miami 21 allows for developers to fund various public benefits in
exchange for bonus height/floor to lot ratio ("FLR"); and
WHEREAS, the City of Miami ("City") has several high density/high intensity areas and will
continue to grow overtime with ongoing development and zoning implementations; and
WHEREAS, in order to ensure that large scale development in those high density/high intensity
areas provide optimal return to our City's public benefit initiative; and
WHEREAS, this assurance comes with implementation of a Consumer Price Index ("CPI") to
future large scale projects such as SAPs, which in exchange for bonus building capacities must
provide optimal public benefits; and
WHEREAS, the City Commission directs the City Manager to draft an ordinance that would
require a CPI for developers of land use projects making contributions to the public benefits project,
the CPI is to be compounded annually over a stated period as agreed to by the involved parties, not to
exceed a maximum percentage of 3% per year; and
WHEREAS, the annual CPI further takes into consideration the value of money due to the
passage of time to maximize public benefits to the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami Page 1 of 2 File Id: 16-01251 (Version: 1) Printed On: 8/29/2016
File Number: 16-01251
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is directed to draft an ordinance that would require a CPI
increase to the cash contribution amount as calculated in Section 3.14 of Miami 21 in any development
agreement for any SAP with multiple buildings seeking public benefits bonus height/FLR to ensure the
bargained -for contribution amount is not eroded over time through inflation and that the developer
pays the cash contribution in addition to the applicable CPI at the time of building permit for each
building.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
ROVE TO FO ` +, AND IRECTNESS:
t
TORIA M NDEZ
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission .
City of Miami Page 2 of 2 File Id: 16-01251 (Version: 1) Printed On: 8/29/2016