HomeMy WebLinkAbout(2572) - PZAB ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-17-041
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 2572
Final Action Date: 7/19/2017
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING CHAPTER 13/ARTICLE II OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), ENTITLED "DEVELOPMENT
IMPACT AND OTHER RELATED FEES/DOWNTOWN DEVELOPMENT
SUPPLEMENTAL FEE" BY UPDATING THE DEFINITIONS; UPDATING THE
COEFFICIENTS UPON WHICH THE DOWNTOWN DEVELOPMENT OF REGIONAL
IMPACT ("DDRI") SUPPLEMENTAL FEE IS ESTABLISHED; UPDATING THE
ASSOCIATED ANNUAL ADJUSTMENT FACTOR; UPDATING REFERENCES TO
THE CURRENT ZONING CODE, AS AMENDED, AND ELIMINATING REFERENCES
TO AN OUTDATED ZONING CODE; UPDATING REFERENCES TO THE
CONSOLIDATED APPLICATION FOR DEVELOPMENT APPROVAL ("CADA")
ASSOCIATED WITH INCREMENT III FOR THE DDRI; UPDATING VARIOUS
AUTHORIZING POLICIES OF REFERENCE FROM STATE AND LOCAL BODIES;
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW; DIRECTING
TRANSMITTALS; PROVIDING FOR A TERMINATION DATE; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statute 380.06 defines "developments of regional impact" as
developments that, because of their character, magnitude, or location,, would have a substantial
effect upon the health, safety, or welfare of citizens of more than one (1) county; and
WHEREAS, Florida Statute 380.06 further recognizes that a downtown development
authority may submit a development -of -regional -impact application for development approval,
for which purposes the downtown development authority shall be considered the developer
regardless of whether the development will be undertaken by the downtown development
authority; and
WHEREAS, Resolution No. 87-1148, adopted on December 10, 1987, established the
Downtown Development of Regional Impact ("DDRI") with the City of Miami ("City") and
Downtown Development Authority of the City ("DDA") as co -applicants, pursuant to a
development order covering 839 acres which was intended to build out in 2007 and was
reviewed and approved by all relevant state agencies, including the Department of Community
Affairs, Department of Fish and Wildlife, Department of Transportation, Department of
Environmental Conservation, Regional Planning Council, South Florida Water Management
District, and Miami -Dade County; and
WHEREAS, Increment I of the DDRI was adopted by Resolution No. 87-1149 on
December 10, 1987; and
WHEREAS, Increment II of the DDRI was adopted by Resolution No. 02-1307 on
December 12, 2002; and
WHEREAS, the boundaries of the DDRI area were modified to increase the area to 927
acres through a Notice of Proposed Change ("NOPC") approved by the City Commission by
Resolution No. 04-0425 on June 24, 2004; and
WHEREAS, anticipating increased demand for downtown development, the Department
of Economic Opportunity issued an "interim Development Order" with the City, allowing the City
to authorize development projects in the DDRI area using credits allotted to Increment III when
adopted, if Increment II capacity were exceeded prior to the adoption of Increment III; and
WHEREAS, the study associated with the Application for Development Approval
revealed that development under Increment III is projected to have the following associated
impacts: project costs of $7.3 billion, $5.8 of which to be spent within the local region; 13,674
non -construction jobs; an estimated $268 million non -recurring and $134 million recurring
revenue through 2024; the construction or rehabilitation of at least 2,700 affordable housing
units; and over $6 million in transit and roadway improvements; and
WHEREAS, the South Florida Regional Planning Council recommended approval of the
DDRI on June 6, 2016; and
WHEREAS, the Board of Directors of the DDA recommended approval of the DDRI on
October 21, 2016; and
WHEREAS, the Planning, Zoning and Appeals Board recommended approval of the
DDRI on September 7, 2016; and
WHEREAS, the City Commission voted to approve the DDRI Development Order at First
Reading on November 17, 2016; and
WHEREAS, it is necessary to adopt new supplemental fees and their coefficients when
a new Development Order is adopted because these are the tools through which the City
mitigates the impacts of net new development governed within the DRI;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, 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.
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Section 2. Chapter 13/Article II of the City Code should be amended as follows:
ARTICLE II. - DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE
Sec. 13-52. - Intent.
(a) This article is intended to impose the downtown development supplemental fee as a
supplemental fee on new development within the downtown DR] project area, utilizing the
defined terms in section 13-53. The downtown development supplemental fee comprises
four three (3) components including a transportation mitigation fee, on air quality fee, a
DRI/master plan recovery fee and an administration fee. The downtown development
supplemental fee is payable prior to the time of building permit issuance or upon application
for 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 set forth in Exhibit B E of Resolution 02 1307 Ordinance No. XXXXX since the demand
for the mitigation is uniquely attributable to such net new development on an area -wide
basis.
(b) This article shall be uniformly applicable to all net new development within the project area.
This fee shall not be applicable to any activity which is not classified as "net new
development" as defined herein in Section 13-53 or which has, on the effective date of the
master and increment I downtown DRI development orders, a valid building permit or
currently effective DRI development order.
Sec. 13-53. - 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 downtown Miami project area filed by the DDA on November 25,
1986, pursuant to F.S. § 380.06 (1987), as amended by the Increment 11 ADA filed by the DDA
on February 13, 2002.
Administration 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 downtown 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 downtown development supplemental fee.
Air quality fees shall mean a fee charged to all net new development to pay for the for the
city's costs for air quality monitoring, modeling and mitigation measures as required in the
increment I and II development orders for downtown Miami; and which shall be a component of
the downtown development supplemental fee.
Applicant shall mean an 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 an
application for a building permit.
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Attractions/recreation use shall mean theaters, performance halls, sports arenas,
museums, and similar cultural, entertainment, or recreational facilities.
Building permit shall mean any permit required for new construction and additions pursuant
to the Florida Building Code.
By -Right Project shall mean a protect that is designed to conform to the all the applicable
standards of the current zoning code, as amended, and any other specific requirements that
may be enumerated elsewhere in the City Code.
CADA or consolidated application for development approval shall mean the revised ADA
prepared pursuant to the requirements of F.S. § 380.06 (2017).
Central business district shall be as defined in section 13-5.
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 II special permit shall
nn amnndcd the „rdinanon for the cit„ mean a special permit issued by the Planning,
Director pursuant to Ordinance Number 11000, the zoning ordinance of the city, as amended
and Miami 21, as applicable.
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",
DDA or downtown development authority shall mean the downtown development authority
of the city.
DO or downtown development order shall mean the master and/or increment j and er
i cucd by the city on December 10, 1987, by Resolution Numbers 87 1118, 87 1119, and 02
1307. orders granting with conditions for a development permit, as defined by Florida Statute
163.3164 (2017), for the Downtown DRI. The Master development order was approved by
Resolution No. 87-1148, Increment I was established by Resolution No. 87-1149, Increment II
was established by Resolution No. 02-1307, and Increment III was established by Ordinance
No. XXXXX.
Downtown development supplemental fee shall mean a fee charged to net new
development in the project area comprised of components including a transportation mitigation
fee, an air g, ,alit„ foe an administration fee, and a DRI/master plan recovery fee which are
assessable to the net new development according to the provisions of this article.
Downtown development supplemental fee coefficient shall mean the charge per unit of land
use as calculated for each component of the downtown development supplemental fee.
DRI shall mean development of regional impact.- as defined by Florida Statute 380.06
(2017) and includes any development which, because of its character, magnitude, or location,
would have a substantial effect upon the health, safety, or welfare of citizens of more than one
(1) county.
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DRI/master plan recovery fee shall mean a fee charged to all net new development to
reimburse the city and/or DDA for costs incurred in the DRI/master plan study and future related
studies in accordance with the CADA and the downtown DRi development orders, and which
shall be a component of the downtown development supplemental fee.
DU or dwelling unit shall have thn meaning given to 'dwelling n rnit in the zoning ordinannn-
shall mean a residence of a single housekeeping unit as further defined in Miami 21.
Hotel use shall mean land use functions predominantly of sleeping accommodations
occupied on a rental basis for limited periods of time. These are measured in terms of lodging
units. A lodging unit is a furnished room of a minimum 200 square feet that includes sanitary
facilities and may include limited kitchen facilities. any facility containing more than one "lodes
unit," as defined in the zoning ordinance, and Hotel Uses 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 the gross square footage of the proposed hotel.
Industrial Use shall mean land uses connected with a business or activity involving
manufacturing, fabrication, assembly, distribution, disposal, warehousing, bulk storage, trucking
and equipment facilities, and other businesses serving primarily industrial needs, based on
Miami 21.
Institutional use shall mean hospitals, universities, schools, and post offices.
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, as
amended and Miami 21, as applicable.
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 off the premises, and
not including personal services as defined herein under "retail/service use."
Owner -occupied Units shall be as defined in section 13 5. shall mean dwelling units for
individual sale by a developer and intended occupancy by an owner, as opposed to rental
residential developments.
Parcel of land shall mean, pursuant to F.S. ch. 380 (2017), 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.
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p.m. peak hour external motor vehicle trips means shall mean 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 as set forth in Exhibit
BE of Resolution 02 1307Ordinance No. XXXXX.
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 mean "lodging unit" in the zoning ordinance.
SF, gross square feet, or gross square footage shall #have the meaning given to mean "floor
area" in the zoning ordinanccas further defined in Miami 21.
Site shall mean a legally described parcel of property capable of development pursuant to
applicable city ordinances and regulations.
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) (2004).
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 I and increment II development order for
downtown Miami, and which shall be a component of the downtown development supplemental
fee.
Wholesale/Industrial use shall mean manufacturing, wholesale trade, warehousing and
storage, printing, automotive and heavy equipment repair, and other general commercial uses
permitted within I (industrial) districts in the zoning ordinance.
Zoning ordinance shall mean Ordinance No. 13114 and commonly referred to as Miami 21.
This ordinance replaces chill m on City Ordinance Number 11000, as amended, or a
Zoning Permit shall mean any special permit as delineated in Section 7.1.2 of Miami 21
including, but not limited to Waiver Warrants, Exceptions, and Variances, which are necessary
for the development of properties that are not developed "by -right."
Sec. 13-54. - Authority.
The city commission is authorized to establish and adopt a downtown development
supplemental fee pursuant to the authority granted by the Florida Constitution, article VII,
sections 1(f), 1(g) and 2(b), Article VII, Section 9(a) (2017) and the Municipal Home Rule
Powers Act, F.S. ch. 166, the city Charter, the Local Government Comprehensive Planning and
Land Development Regulation Act (F.S. § 163.3161, et. seq„ as amended by F.S. § 163.3177)
and the downtown Miami development of regional impact development order issued December
10, 1987, by Resolution Numbers 87-1148, 87-1149, and 02-1307 as amended, and Ordinance
No. XXXXX. 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.
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Sec. 13-55. - Imposition of fee.
(a) Except as may be provided section 13-58, no Zoning Permits or building permits, or major
Use spcciol permit, shall be issued for any net new development as herein defined in
Section 13-53 unless the applicant therefore has paid the downtown development
supplemental fee imposed by and calculated pursuant to this article.
(b) Notwithstanding the foregoing, for any project that requires payment of downtown
development supplemental fees prior to the issuance of a building permit, the director of the
planning department may grant an extension of time, pursuant to a written request by an
applicant, for such payment of fees from time of foundation permit to time of shell permit
only, upon a finding that the time extension is warranted due to particular financing aspects
of the proposed project. No building permit may be issued, however, until all fees required
for the DRI are paid in full.
Payment of required downtown development 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 of the proposed project.
(d) Applicants with projects that qualify under subsection 13-8 are exempt from the imposition
of payment of the proportionate share of the downtown development supplemental fee
attributable only to the Downtown DRI master plan recovery fee and Downtown DRI
administration fee. This exemption does not extend to the imposition of payment for the
proportionate share of the transportation supplemental fee.
(c)
Sec. 13-56. - Downtown development supplemental fee coefficients.
fa -)—Following shall be the coefficients by land use for each of the four jcomponents of the
downtown development supplemental fee.
Table 1. Fee Coefficients
(per gross square footage of floor area)
-�I� as�a-
Land Use
Transportation Air
Mitigation4 Quality
DRI/Master
Plan
Recovery 4$
DRI Total Fee
Administration Coefficient
Office
$0-7=R9
$0.4757
Retail/service
Convention
$0.936
$1.3784
$0.24 7
$0.3174
Institutional
$0.280
$0.5502
Wholesale/industrial 0.188
$0.2580
Hotel 1
$0
$0.3138
$0-041- $fJ 4149 ° 8 2296
$0.156223 $0.07521
$0.051 $$0 2�,
$0.156223 1 $0.07521
0.028
$0.156223 10.07521
r00
$1-B94
$0.7072
$1-332
$1.6098
$0.589
$0.5489
$0.156223
$0.024
---12$941-8
Residential 2
Recreation 3
Notes:
403
$0.1531
$0:-43-7
$0.2733
$0.1119
$0.156223
$0.1119
$0.156223
$�� $0.1113
j $0.156223
$0.002
1$0
$0.07521
!$0.2
$0.07521
`$0 96
$0.07521
1$04a46.
3 $0.07521
$0,664
$0.7816
$0.4894
$0,7-24
$0.5452
$0,558
$0.3846
$049
$0.156223
$0 2.296
$0.07521
$9,783
$0.5047
'These 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
$285.60 $219.65 per room
2These fee coefficients for residential use are based upon an assumed average of 1,000 SF per
DU, and shall be adjusted for each development based upon a transportation mitigation fee of
$202:64$153.15per DU .
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 $8-74 $5.47 per seat
Transportation mitigation. The Increment III development order requires an updated fee of
$7,785,065.08 (in 2016 dollars) to mitigate the regional transportation impacts of total allowable
development. This fee is derived from the following:
(a) Estimated improvements necessary to maintain the minimum level of service
standard on regional roadways impacted by total allowable development (see Exhibit C
of Ordinance No. XXXXX). The regional transportation mitigation fee of $6,005,829 (in
2016 dollars) to be expended on transit projects as provided in Exhibit C of Ordinance
No. XXXXX.
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(b) Contribution of $1,180,030.00 (in 2016 dollars) to the South Florida Regional
Transportation Authority (°SFRTA") to be expended on the Tri-Rail Downtown Miami
Link in accordance with the First Amendment to the Interlocal Agency Agreement
approved pursuant to the Resolution No. R-16-0218 on May 12, 2016.
(c) Contribution of $374,206.08 to be expended on transportation improvements,
including but not limited to pedestrian and alternative transportation mode improvements
within the Downtown DRI study area, and the turn lanes described in condition 14c of
the Downtown Development Order, at the City's discretion.
4' DRI/Master Plan Recovery. The total cost to the city for the Downtown Transportation Master
Plan, the Increment III DDRI Applications, the Downtown Master Plan and related studies is
estimated to be 9 $4,628,129, which shall be distributed equally among all net new
development on the basis of gross square footage of floor area. The total amount of new
development is estimated to be 13,505,000 29,625,173 SF during the time that the increment III
development order is in effect.
Administration.
The
administrative cost to the City for enforcing the re uirements of the Downtown Development
Order is estimated to be $2,228,100.00 over nine (9) years. These administrative costs shall be
distributed equally among all net new development on the basis of gross square footage of floor
area. The total amount of new development is estimated to be 13,505,000 29,625,173 SF
during the time that the Increment III development order is in effect.
(b) The proportionate share for each unit of land use is calculated as follows:
transportation impacts o
is distributed a
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effect. These adminictr
II development orders in effect.
Sec. 13-56.1, - Consumer price index adjustment.
le-ser of:
ndii i5tment fnnf f II
Prior 4 ar'€ Co r Pr I,....l
184.0
— Adjustment Factor
Urban Consumers (1982 1981- — 100) Not S aconally Adjusted. In no event shall the
Fees shall be adjusted every twelve (12) months beginning March 1, 2018 based upon
the change in the Consumer Price Index — All Urban Consumers Not Seasonally Adjusted, U.S.
city average for all items (1982-84=100) which for purposes of the formula below shall be
referred to as "Annual CPI".
The change shall be calculated as follows:
(Annual CPI for Prior Calendar Year minus Annual CPI for Calendar Year Two Years Prior) /
(Annual CPI for the Calendar Year Two Years Prior) = Change in CPI
-then-
(Change in CPI + 1) * (Fee Currently in Force) = (New Fee for Next 12 months).
Notwithstanding the calculation above, if the "Change of CPI" for any twelve (12) month period
is greater than 0.10, then 0.10 shall replace the actual "Change in CPI" in the calculation for that
twelve (12) month period. Additionally, if the "Change in CPI" is less than 0.0, then 0.0 shall
replace the actual "Change in CPI" in the calculation for that twelve (12) month period.
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As an example, and for illustrative purposes only, to calculate the change on March 1, 2019
where the fee currently in force was $1.64 per square foot, 2018 Annual CPI was 251 and 2017
Annual CPI was 245; the calculation would be as follows:
251-245= 6/ 245 = 0.0245
-then-
0.0245 + 1 = 1.245 * $1.64 = $2.04 per square foot fee between March 1, 2019 and February
29. 2020.
Sec. 13-57. - Procedure for calculation of downtown development supplemental fee.
The DRI supplemental fee calculated by the processes as outlined above is collected prior
to the issuance of a building permit. The sequencing for the collection of DRI fees depends on
whether a project is built "by -right" under Miami 21 or if the project requires a Zoning Permit, as
defined herein.
(a) DRI Fees for projects that are approved with a Zoning Permit. For projects receiving
Zoning Permits as defined herein, the payment of the DRI Administration Fee and the
DRI Master Plan Recovery Fee is due at the time the Zoning Permit is granted. At the
time these projects are presented for building permits, DRI fees for Transportation
Mitigation shall be paid.
(b) DRI fees for projects that are approved "by -right." Projects that are built in the Downtown
DRI "by -right" which do not require a Zoning Permits shall pay all DRI fees for at the time
of building permit. Projects which are referred to the Department of Planning during a
building permitting review may request a DRI review and may reserve DRI development
credits by paying the DRI Administration Fee and DRI Master Plan Recovery Fee prior to
obtaining for a building permit, when all DRi fees are due in full.
Application for reservation of development credits for net new development within the
Downtown DRI area is completed by submitting project plans to the Director of Planning or
his/her designee for a DRI review. This submission will generate a fee schedule for the
assessment of the associated DRI fees based on the project. Project modifications require new
DRI review. Each review will generate a fee schedule assessing fees for net new development
and credit for demolition, if applicable.
proportionate shares for transportation mitigation and air quality.
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(21) 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 herein in Section 13-53, 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, in consultation with
the City's Office of Transportation.
(32) Calculate the gross square footage, number of dwelling units, number of hotel rooms,
and number of seats in attractions/recreation facilities as appropriate for each land use.
(4)(3) Multiply the appropriate units of each land use in the development by the appropriate
downtown development supplemental fee coefficients.
(54) Upon written request of the applicant, review and adjust the amount of downtown
development supplemental fee calculated, if appropriate.
Sec. 13-58. - Administration of downtown development supplemental fee.
(a) Collection of downtown development supplemental fee. Downtown development
supplemental fees due pursuant to this article for administration fees and DRI/master plan
recovery fees shall be collected by the planning and zoning department at the time of
P or, if o MUSP is not required, Zoning Permit or at any time prior to
issuance of a building permit. Downtown development supplemental fees due pursuant to
this article for transportation impacts and air quality impacts shall be collected by the
planning and zoning department at any time prior to issuance of a building permit (except
as specified in section 13-55).
(b) Transfer of funds to finance department. Upon receipt of downtown development
supplemental fees, the planning, building and zoning Department of Planning shall transfer
such funds to the city finance department which shall be responsible for placement of such
funds into separate accounts uo horoieafter s ecifiod All such funds resulting from the
collection of the supplemental fees 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 funs -funds of
such account.
(c) Establishment of and maintenance of accounts. The city finance department shall establish
separate accounts and maintain records for each such account, whereby into which the
downtown development supplemental fees that are collected can be segregated by each of
the feuithree (3) fee components_.
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(d) 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 aF
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 downtown development orders, the administration fee
and the DRllmaster 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.
(e) Refund of downtown development supplemental fee.
(1) The current owner of property on which a downtown development supplemental fee for
transportation mitigation and air quality has been paid may apply for a refund of such
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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 non -commencement 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.
Downtown development supplemental fees paid for administration and DRilmaster
plan recovery are not refundable.
(2) Only the 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 or her 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 of the property; a
certified copy of latest tax records of Metropolitan Dade 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, building and zoning department, and a statement of the basis upon
which the refund is sought.
(4) Within one month of the date of receipt of a petition for refund, the city manager or his
or her 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 niay 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 or her 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.
(6) 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.
(f) Annual review and modification. The city shall annually review downtown development
supplemental fee ordinance procedures, assumptions, formulas, and fee assessments and
make such modifications as are deemed necessary as a result of:
(1) Development occurring in the prior year.
(2) Amendments to the development order.
(3) Changing needs for facilities and/or services.
(4) Inflation and other economic factors.
(5) Revised cost estimates for public improvements and/or services.
(6) Changes in the availability of other funding sources.
(7) Such other factors as may be relevant.
(3)
(5)
*
Sec. 13-65. - Findings.
—1� c;57�
The city commission (hereinafter "commission") hereby finds and declares that:
(1) The real property which is the subject of this article, the project area, is legally
described in as set forth in exhibit E-sf Ro6olufien-02 1 Exhibit E of Ordinance No.
XXXX.
(2) The DDA has filed a CADA with the city, the South Florida Regional Planning Council,
and the state department of community affairs.
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 downtown area rather than requiring each
individual DRI scale development within the downtown area to be reviewed separately
other than for a major use special permit and as a means of accommodating the
impacts of the non-DRI scale cumulative growth on the downtown area.
(4) 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(24 22)(2004 2017), the CADA
seeks master development approval for three increments of development over a period
of approximately 25 38 years and specific development approval for increment I, II, and
ill. and increment IL 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 903 927 acres, including
approximately 78 acres presently zoned and developed as city parks. 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 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 report and
recommendations of the South Florida Regional Planning Council, entitled
"Development of Regional Impact Assessment for Downtown Miami," dated October 5,
1987, and "Development of Regional Impact Assessment for Downtown Miami" dated
July 1, 2002—and "Development of Regional Impact Report Downtown Miami
Increment III" dated June 2016.
(8) 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.
(3)
(5)
(6)
(7)
(9)
fq iP
(10)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.
(11) The downtown DRI and the downtown master plan are of benefit to all net new
development in the project area and expenses incurred by the city and/or DDA in
connection with the preparation and adoption of the downtown DRllmaster plan, and
future related studies, and for the enforcement of the development orders should be
reimbursed to the city by the net new development benefiting therefrom.
(12)The total amount of the downtown development supplemental fee is determined by the
cost of the four three (3) components of the fee:
a. Transportation mitigation fee;
b. Air quality fcc;
b. Downtown DRI/master plan recovery fee; and
d—c.Administration fee.
The most appropriate measure to distribute the proportionate share of the cost of the
transportation mitigation fee and the air quality fco 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 fees are most appropriately allocated to all net new development at an
equal rate for all land use categories.
(13) The downtown 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 downtown
development supplementary fee is equitable and does not impose an unfair burden on
such development is in the best interest of the city and its residents.
Section 3. This Resolution shall be effective immediately upon its adoption.
��� I ( 71c �r7
1941) Franc' Garcia, Director ExecuDate
Planning and Zoning Department
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority,
Clcjo ZQc () rc 1 , Clerk of the Office of Hearing Boards of the City of
Miami, Florida, and acknowledges that he/she executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS Z�-} DAY OF
_,L) k-,\ , 2017.
11?- t-r-r17_ -A&Ja i-e,Z
Print Notary Name
Personally known
or Produced I.D.
My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
Notary Public State of Florida
9EATRIZ ALVAREZ
:._ MY COMMISSION # FF 071860
, EXPIRES: November2G, 2017
9``' Bonded Thru Notary Public Underwriters