HomeMy WebLinkAboutPre- Legislation - PZAB Resolution (File ID 2572)City 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TO AN OUTDATED ZONING CODE; UPDATING REFERENCES TO THE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 theft 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
o4-lc -Pc?
WHEREAS, Increment I of the DDRI was adopted by Resolution No. 87-1149 on
December 10, 1987; and
WHEREAS, Increment || of the L}OR| was adopted by Resolution No. 02-1307 on
December 12,2UO2; and
WHEREAS, the boundaries ofthe OOF7|area were modified toincrease the area b)827
acres through a Notice of Proposed Change ("NOPC") approved by the City Commission by
Resolution No. O4'O435onJune 24.2OO4;and
WHEREAS, anticipating increased demand for downtown development, the Department
of Economic Opportunity issued an "Interim Development Order" with the City, allowing the City
toauthorize development projects imthe [)DR|area using credits allotted toIncrement III when
adopted, if Increment 11 capacity were exceeded prior to the adoption of Increment 111; and
WHEREAS, the study associated with the Application for Development Approval:
revealed that development under Increment III isprojected hohave the following associated
impacts: project costs o[$7.3 billion, $5.8ofwhich to be spent within the |orm[ region; 13.874
nnn'oonstrundoniobs; anestimated $208million non -recurring and $134million recurring
revenue through 2024; the construction or rehabilitation of at least 2,700 affordable housing
units; and over $8million imtransit and roadway improvements; and
WHEREAS, the South Florida Regional Planning Council recommended approval ofthe
DDR|onJune 6,2016;and
WHEREAS, the Board ofDirectors ofthe OOArecommended approval ofthe DDR|nn
October 21.2O16;and
WHEREAS, the Planning, Zoning and Appeals Board recommended approval of the
ODR|onSeptember 7,2O10; and
WHEREAS, the City Commission voted to approve the C0R|Development Order at First
Reading onNovember 17,2V16|and
WHEREAS, it is necessary to adopt new supplemental fees and their coefficients when
anew Development Order ieadopted because these are the tool's through which the City
mitigates the impacts ofnet new development governed within the DF<|;
NOW, THEREFORE, BE|T RESOLVED BYTHE PLANNING, ZONING AND APPEALS
BOARD OFTHE CITY OFM/AM|.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 ll of the City Code should be amended as follows:
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ARTICLE 11. - DOWNTOWN DEVELOPMENT SUPPLEMENTAL FEE
800. 13-52. - Intent.
(o)
This article is intended to impose the downtown development supplemental fee as o
supplemental fee on new development within the downtown [)0 project area, utilizing the
defined terms in section 13-53. The downtown development supplemental fee comprises
fe++Fthree (5) components including a transportation mitigation fee, a
OR|/moster 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 un!its of
land use, in order to mitigate the impacts of the proposed development in the project area,
as set forth in Exhibit E of Rcuo|ution 02 1307 Ordinance No. XXXXX since the demand
for the mitigation is uniquely attributable tosuch not 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 oppUmable to any activity vvhk;h is not classified as "net new
development" as defined herein in Section 13-53 or which has, on the effective dabs of the
master and increment | downtown [)R| development orders, m valid building permit or
currently effective DRI development order,
Sec. 18-53, Definitions.
As used in this mrtic|e, the fnOVwimQ vvondm and bamnn ohuH have the fnUovvnQ meanings'
unless another meaning is plainly intendod.
ADAorapplication for development approval shall mean the original application for
development approval for the downtown Miami project area filed by the DDAon Novennber25,
1986.pursuant toF.S. § 380.O6(1S87),osamended bythe Increment ||A[]Afiled bythe DDA
onFebruary 13.2OO2.
Administration fees shall mean a fee charged tnall new development topay for the �city'n
administrative costs for enforcing the terms and conditions of the downtown development
orders, including but not limited to preparation of ordinances and prooedures, review of permit
app|iockiono, monitoring compliance with requirements, and enforcing vio|oUnns, and which pho||
be acomponent ofthe downtown development supplemental fee.
Air quality fees shall mean a fee charged to all net new development to pay for the for the
city'scosts for air quality rnonitoring, modeling and mitigation measures as required in the
increment I and 11 development orders for downtown Miami; and which shall be a component of
the downtown development supplemental fee.
Applicant shall mean an individual, oorponaUon, business trust, estate, truet, 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.
Attractions1recreation 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 Cmdn,
By-Riqh/ Project shall mean a project that is deaiqnad to conform to the all the applicable
standards of the nurnantzonjnq code, as amended, and any other specific requirements that
may hmenumerated elsewhere inthe City Code.
(ADAorconsolidated application for development approval shall mean the revised AOA
prepared pursuant tVthe requirements ofF.S. §380.00C2O17).
Central business district shall bnasdefined insection 13-5.
Certificate of occupancy shall mean a permanent or temporary and/or partial certificate of
occupancy issued. pursuant tothe Florida Building Codo,
City shall mean the City ofMiami, Florida.
Clams 0special permit shall
mean a special permit issued by the Planninq
Director pursuant to Ordinance Number 11 GOO, the zoninq 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'splan for future development adopted bycity
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".
DDAnrdowntown development authority shall mean the downtown development authority
of the city.
DO or downtown development order shall mean the rnasteF and�er and/o
i-,nuedbvthe city on December 10, 1987, by Resolution Numbers 87 1148, 87 1110, and 02-
1307�orders qrantinq 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 | was established byResolution No. 87-1148.Increment ||
was established by Resolution No, 02'1307. and Increment III was established by Ordinance
No.%XXX%.
Downtown development supplemental fee shall mean ofee charged tVnet new
development imthe project areacompr|sedofoomponan|xinc[udinQatramspmrtnkinnnniUgation
foe, on air quality fco, an administration fae, and o DR]/master plan recovery fee which are
assessable tothe net new development according tothe provisions of this article.
Downtown development supplemental fee coefficient shall mean the charge per unit ofland
use as calculated for each component of the downtown development supplemental fee.
I]R/shall mean development ofregional |mpact-.as defined byFlorida Statute 38O.00
(2017) and includes any development which, because of its character, maqnitude, or location,
would have o substantial effect upon the heo|th, oafety, or welfare of citizens of more than one
DRt4nauteroAannecnvo/yfeoohaUmneanafeanhaqgedtoa0netnewdewa|opnnentk`
reimburse the ohv and/or DDAfor costs incurred in the [}R|/nosksrpUan study and future related
studies in accordance with the CADA and the downtown DRI development orders, and which
shall beacomponent cf the downtown development supplemental fee.
DUnrdwelling unit shall have the meaning given te "dwell; ' R '
shaUrneanaresidence nfosingle hounekeepimqVr�tas fu�herdafimedinMiami 21.
Hotel use shall mean land use functions predominantly ofs|oop[nqaccommodations
occuAied on a rental basis for limited periods of time. These are measured in terms of lodqinq
units, A |pdqimg unit is a furnished room of minimum 20�U square feet that includes sanitary
facilities and may include limited kitchen facilities. any facility containing more than one "lodging
unat," as defined In the zoning ordinanGe, and Hotel Uses may include meeting and banquet
hyniUitima and convenience goods and services for hotel guosts, 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 abusiness oractivity |nvo|vhnq
manufacturinq, fabrication, assembly, distribution, disposal, warehousinq, bulk storaqe, trucking
a,nd_f�g,uip.ment, facilities, and therbVsinesses sen/nqprimarily industrial needa, based on
Miami 21.
Institutional use shall mean hospite|s, un|vmraiUem, eohoo|o, and poet offices.
MUSF'ormajor use special permit shall mean aspecial permit issued bythe city
commission pursuant to Ordinance Number 11000, the zoning ordinance of the city, as
amended and Miami 21.nnapplicable.
Ne,tnew/dowakpmentnha||rneanamycomstruotinmorrnnonstructionvvhichvvi|lreau|t|na
net increase, within any parcel of land, of residential dwelling units, hotel roomn, seats in
attractions/recreation facilities or gross square foVtagle 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 mfcalculating the
net increase, if the planning director determines that there was a valid certificate of occupancy
existing on the effective dote of this development order for the land uses to be demolished. If
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 noregional impact momeasured bypeak 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 chal|bnosdefined insection 135. shall mean dwelling units for
individual sale by a develop rand intended occupancy byanowner, osopposed torental
residential developments.
Parcel Vfland shall mean, pursuant tnF.S. ch. J8O/2O1T).any quantity ofland 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 nrdeveloped as aunit.
�
p.m, peak hour external motor vehicle trips nn ano shall mean the average number cftrips
per hour during the afternoon peak period from 4:O0ho8:O8p.nn.generated bvmotor vehicles,
excluding public transit vehicleo, that have either an origin or destination within the project
area.
Project area shall mean the area included within the legal description as set forth in Exhibit
-BE ofResolution Ordinance No. XXXXX
Residential use shall mean any "dwelling units" as defined in the zoning ordinance.
Retaillservice 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 dnonerp, bank tellers, pMotognaphens, shoe repair, tailoring, etc.
Room shall -have the moaning given to mean "lodging unit" in the zoning ordinanco.
SF, gross square feet, orgross square footage shall ha
area" in the zoning ordinancoas further defined in Miami 21.
Site shall mean o legally described pnn:e| 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, asmay bnmodified pursuant toF.S. §38O.0G(19)(20O4).
Transportation mitigation ham shall mean o 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 11 development order for
downtown KHianmi, and which shall be o component ofthe downtown development supplemental
foe,
mean "'floor
Wholesalefindustrial use nhal�mean manufacturing, wholesale trade, warehousing and
e1onage, prindmg, automotive and heavy equipment repmir, and other general commercial uses
permitted within [(industrimUdistricts inthe zoning ordinance.
Zoning ordinance shall mean Ordinance No. 13114and commonly referred tonn Miumi21.
This ordinance replaces chall mean City Ordinance Number 11000, as amended, or a
Zoninq Permit shall mean any special permit as delineated in Section 7.1.2 of Miami 21
indudinq, but not limited to, Waiver, VVarronka. ExoaRt|nnx. and Variances, which are necessary
for the development ofproperties that are not developed ~by'riclht."
Sor. 13-54. -&uOlmity.
The city commission is authorized to establish and adopt a downtown development
supplemental fee pursuant tothe authority granted by the Florida Constitution, mrtic|eV||.
ccctioms 1(f), 1(g)onU 2/b\, Article V|L Section 9(e) (2O17)and the Municipal Home Rule
Powers Act, F.S. ch. 160. the city Charter, the Local Government Comprehensive Planning and!
Land Development Regulation Act (F.S. §163.3161.et. seq..aoamended byF.8.01O33177)
and the downtown Miami development ofregional impact development order issued December
10. 1987.byResolution Numbers 87-1148.87'1149.and O2-1307asamended, 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 insubstitution
of, or in conjunction with this article.
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y 47
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Sec 13-55.' Imposition offee.
(a) Except as may beprovided section 13-58. moZoninq Permits orbuilding pennitn, orm'
i4se special permit-, shall be issued for any net new development as heroin defined in
Section 13-53 unless the applicant thepefeFe has paid the downtown development
supplemental fee imposed byand calculated pursuant tothlisarticle.
(b) Notwithstanding the foregoing, for any project that requires payment of downtown
development sopplemental fees prior to the issuance of a building permit, the director of the
pUann|mQdepartment may grant anextension of time, pursuant to, owritten request bvan
applicant, for such payment offees from time offoundation permit totime ofshell permit
only, upon afinding that the time extension inwarranted due to particular financing aspects
pfthe proposed project. NnbuiYdjnq permit may heissued, however, until all fees required
for the DF7| 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 ba
due prior tVcommencement nfconstruction ofthe proposed project.
(d) Applicants with proiectsthat qualify under subsection 1'3-8 are jexempt from the imposition
otpayment ofthe proportionate share mfthe downtown development supplemental fee
attributable only to the Downtown OFl( master plan recovery fee and Downtown DFl|
administration fee. This exemption does not extend to the imposition of payment for the
proportionate share Vfthe transportation supplemental fee.
(c)
Sec. 13-58.'Downtown development supplemental fee coefficients.
ka4—Following shall be the coefficients by land use for each of the four (4) components of the
downtown development supplemental fee.
Table 1. Fee Coefficients
(per gross square footage of floor area)
� /
/ � � � —) ��—}—1
�pt~ ` V _6—� /x�~ '���/ ' «r~—
DRI/Master
Transportation iAir DRI Total Fee
Land Use .' Plan Mitigation4 Quo-lity ', Administration 6-Q Coefficient
Recovery 4-5.
Office
Retail/service
Convention
Institutional
$1.094
$0.4757 $0.156223 $0.07521 $0.7072
$4.454 $0.1119
,$1.3784 $0.156223 $0.07521 $1.6098
$0,4-1-49 $9,2296
$0.217 $0.589
$902-8
$0.3174 ' $0.156223 10.07521 $0.5489
10.280 t.1149 $9,2296 $0,664-
SO-986
$0.5502 $0.156223 $067521 $0.7816
$0„1-149 $9„2.296 $0:55-7
Wholesale/industrial024 i$0.2580 $0.156223 10.07521 $0.4894
Hotel 1 $0.018 ' $0.2296 $0-7. -24
$0.3138 $0,156223 10.07521 $0.5452
10-203 $0.1119 $9,2296
$0.1531 $0.156223 $0.07521 1$47558
Residential 2 0.3846
Recreation 3
Notes:
$0.2733
$0.2296 W74. 3
$0.156223 $0.07521 10.5047
1 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 and an ar guality fee of $12.69 per room,
2 These 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
202.61 $153.15 per DU
'These 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.
IC- 041 0572
(h)Contribution of81.18Q.030.00(in 2O1Gdollars) tothe South Florida Regional
Transportation, Authority (^5FRTA~)tnbeexpended onthe Th'RadDowntown Mianni
Link in accordance with the First Amendment to the |nter|ovu| Agency Agreement
approved pursuant tnthe Resolution No. F7-1G'O218onMay 12.2O18.
(c)Contribution of$374,2U8.O8tnbe expended nntransportation improvements,
includinq but not limited to pedestrian and alternative transportation mode improvements
within the Downtown OR/ study area, and the turn lanes described in condition 14nof
the Dovvmtnvvn Development Order, at the City's discretion.
*uOF7|/MoaterPlan Recovery. The total cost tothe city for the Downtown Transportation Master
Plan, the Increment III DDF{| Applications, the Downtown Master Plan and related studies is
estimated tobe $1.7Q0.OQ$4.828.129,which shall bedistributed equally among all net new
development on the basis of gross square footage of floor area. The total amount of new
development isestimated tnbe13.5Q5.8OO28.O25.173SFduring the time that the Increment III
development order is in effect. -
"Administroion.The adminiotrativn--�e.
administrative cost to the City for enforcing the requirements 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 ".. the basis v/gross square footage cnfloor
area. The total amount ofnew development hsestimated tobe13,505.00029,G25.173 SF
during the time that the |nrnernmnt |U development order is in effect.
(1) Transportation mitigation. Thni
transport3tion impacts of total allowablo development. This fee was derived from
of $10,572,656.00
the average rate pfgencm
appropriate actions tVprevent
concentrations, The city estimates its total cost for compliance with the air -quality
�LhcCAQ&(:ooexhibit E),
^
shall be
^
,
LJ
�
/ w
—| mT (/�v
S3,500,000.00
t order is projected to be in
Sec. 13-56.1. - Consumer price index adjustment.
lesser of:
(1) The percentage incr ase in
dcx of the prior calendar year
Rrior year's Consumer Price ndc, Adjustment F3GtOr
18/1.0
Urban-G-e-n-sumers (1982 198/1 - 100) Not Seasonally 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 - AN 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) /
LAnnual 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 CPl" 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.
Jfr
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.
af,e_ 11 c; a5-7D-
(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 tothe proposed use interms nfthe average
note of generation of p.m. peak hour external motor vehicle tripn, in consultation with
the City'sOffice of Transportation.
(32)Ca[ou|ate the gross square footage, number ofdwelling umito, number of hnha| rooms,
and number of seats in attractions/recreation facilities as appropriate for each land use.
�A(3) Multiply the appropriate units of each land use in the development by the appropriate
downtown development supplemental fee coefficients.
(�4) Upon written request of the applicant, review and adjust the amount of downtown
development supplemental fee calculated, ifappropriate.
Sec.13-5O. Administration ofdowntown development supplemental fee,
(a) Collection Vfdowntown development supplemental fee. Downtown development
supplemental fees due pursuant to this article for administration fees and DR|/nnaster plan
recovery fees shall be collected by the planning and zoning department at the time of
a MUSP or. if MU5P is not roqu|nodrZoninq Permit or at any time prior to
issuance of 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
asspecified |nsection 13-55`
(h) Transfer of funds to finance department. Upon receipt of downtown development
supplemental fees, the planning, building and zoning Department of Planninq shall transfer
such funds to the city finance department which shall be responsible for placement of such
funds into separate accounts as hcrcinaftor specificd. All such funds resultinq from the
collection of the supplemental fees shall be deposited in interest -bearing accounts i:n a bank
authorized to receive deposits of city funds. Interest earned by each account shall he
on*ditndtothatoccountondshaUbausedno|n|yforthepurpooesnpenifiedfor#yp'*-fundsof
such account.
(c) Establishment of and maintenance of accounts. The city finance department shall establish
separate accounts and maintain records for each suf-h account, into which the
downtown development supplemental fees that are collected can be segregated by each of
the #»u#hree(3\fee components. transpertation mitigatien fees, air quality fees, DRVmaste
(d) Maintenance of records. The city finance department shall maintain and keep adequate
financial records for each eaaahaccount which shall show the source and disbursement of*A
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 andexclusively for the
provision ofprojects specified in the downtown development nrdon;' the administration fee
and the [}F{]/nmeeterpUan 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 ofdowntown 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 orefund ofsuch
(f)
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 fee due.
Downtown development supplemental fees paid for administration and DRI/master
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 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 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.
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.
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 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.
(3) 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(21 22)(2004 2017), the CADA
seeks master development approval for three increments of development over a period
of approximately 2,5-38 years and specific development approval for increment I, II, and
Ht.and increment 11. 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 gQ3-927 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.
(6) 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, an -el "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.
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.
(5)
(7)
(8)
(9)
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(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 DRI/master 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 fee;
e, b.Downtown DRI/master plan recovery fee; and
€1c.Adrninistration fee.
The most appropriate measure to distribute the proportionate share of the cost of the
transportation mitigation 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 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.
(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 DRI/master 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-fe three (3) components of the fee:
a. Transportation mitigation fee;
b. Air quality fee;
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.
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