HomeMy WebLinkAboutBack-Up from Law DeptChapter 14 - DOWNTOWN DEVELOPMENTUJ
Footnotes:
(1) ---
City Code cross references— Development impact fees, ch. 13; Overtown redevelopment trust fund, §
18-261 et seq.
Law review reference— Note on constitutional urban redevelopment, 13 Fla. L. Rev. 344.
ARTICLE I. - IN GENERAL
Secs. 14-1-14-25. - Reserved.
ARTICLE II. - DOWNTOWN DISTRICT
DIVISION 1. - GENERALLY
Sec. 14-26. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively
ascribed to them by this section:
Authority: The downtown development authority, the body corporate hereby created by this article,
known as the downtown development authority board of the city.
Board: The governing body of the authority selected as herein provided.
Central business district: The area in the city to which this article primarily relates, zoned and used
principally for business.
Director: The chief executive officer of the authority selected by the board as herein provided.
Downtown: A specifically defined area or zone of the city in the central business district, established
by the city.
Governing body: The commission of the city.
Planning board: The department or agency of the city, by whatever name such department or agency
may be known, which is chiefly responsible for community planning.
Public facility: Any street, park, parking lot, playground, right-of-way, structure, waterway, bridge, lake,
pond, canal, utility line or pipe, building, including access routes to any of the foregoing designed and
dedicated to use by the public generally, or used by any public agency with or without charge, whether or
not the same is revenue producing.
(Code 1967, § 13-1; Code 1980, § 14-16)
Sec. 14-27. - Boundaries designated.
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The downtown district described as follows shall be under the jurisdiction and control of the downtown
development authority:
Begin at the intersection of the centerline of N.W. Fifth Street and N.W. Third Avenue (east side of N-
S Expressway (1-95), thence run southerly along the centerline of N.W. Third Avenue and the easterly
side of N-S Expressway to the centerline of West Flagler Street; thence westerly along the centerline
of said West Flagler Street to the centerline of the Miami River; thence meandering southeasterly along
the centerline of said Miami River to a point of intersection with the easterly right-of-way line of Metro
Rapid Transit right-of-way (formerly Florida East Coast (FEC) Railroad right-of-way) said right-of-way
line being 50 feet easterly of and parallel with the centerline of said Metro Rapid Transit right-of-way;
thence run southerly and southwesterly along said easterly right-of-way line of Metro Rapid Transit to
the intersection with the centerline of S.W. 15th Road; thence southeasterly along the centerline of
15th Road to a point of intersection with the southerly prolongation of the westerly line of Costa Bella
Development Subdivision (107-14); thence northeasterly, northwesterly and northeasterly along said
westerly line of Costa Bella to the intersection with the southerly right-of-way line of S.E. 14th Lane;
thence southeasterly, northeasterly, northerly, and northwesterly along said southerly and easterly
right-of-way line of S.E. 14th Lane and S.E. 14th Terrace to the intersection with the northwesterly
property line of lot 31, block 2 of amended plat of Point View as recorded in plat book 2 at page 93 of
the public records of Dade County, Florida; thence northeasterly along the northwesterly line of said
lot 31, to the northeasterly side of the existing ten -foot alley in block 2 of said Point View; thence
southeasterly along the northeasterly side of said ten -foot alley to the intersection with the property
line between lots 4 and 5 of said block 2 of Point View; thence northeasterly along said line of lots 4
and 5 and its prolongation thereof to the centerline of S.E. 14th Street; thence southeasterly along said
centerline of S.E. 14th Street to a point of intersection with the existing bulkhead and shoreline of
Biscayne Bay; thence meandering northerly along the existing bulkhead and shoreline of Biscayne
Bay to a point of intersection with the southerly boundary of Claughton Island Bridge; thence easterly
along the said southerly right-of-way line of Claughton Island Bridge to the intersection with the
westerly bulkhead line of Claughton Island, said bulkhead line being part of the Metropolitan Dade
County bulkhead line as recorded in plat book 73 at page 18 of the public records; thence southerly,
easterly, northerly and westerly, following said existing bulkhead and its westerly prolongation thereof
around the island to the intersection with the mainland on the easterly shoreline of Biscayne Bay;
thence meandering in a northwesterly and westerly direction along the shoreline of Biscayne Bay and
the Miami River to the intersection with the easterly right-of-way line of Brickell Avenue Bridge (S.E.
Second Avenue); thence north along said bridge to the existing bulkhead on the northerly shoreline of
the Miami River; said bulkhead line also being the southerly boundary of the Dupont Plaza Center and
Miami Center Joint Venture property; thence northeasterly along the southerly boundary of Dupont
Plaza Center and Miami Center Joint Venture property to a point of intersection with the easterly
property line of Chopin Associates and Miami Center Limited Partnership; said property line being
along the shoreline of Biscayne Bay; thence northerly along said easterly property line of Chopin
Associates and Miami Center Limited Partnership property along Biscayne Bay to the southerly
property line of Bayfront Park; thence continuing northerly, northeasterly and northwesterly along the
bulkhead line of Bayfront Park and the Bayfront Park Miamarina to a point of intersection with the
southerly right-of-way line of State Road A-1-A (Douglas Macarthur Causeway); thence easterly along
the southerly right-of-way of said Douglas Macarthur Causeway to its intersection with the easterly
right-of-way line of the Intercoastal Waterway, said point also being the westerly line of the submerged
parcel of land of the NW quadrant of Watson Island as shown on the boundary survey of NW quadrant
upland and submerged parcel (City of Miami miscellaneous file 61-398); thence southerly along the
easterly right-of-way line of said Intercoastal Waterway to a point of intersection of the turning basin
limit with the northerly line of the Miami main ship channel, said point also being approximately 500
feet west of the westerly bulkhead line of Watson Island and 1200 feet southerly of the south right-of-
way line of Douglas Macarthur Causeway, as per O.R.B. 2454, pages 77-79; thence northeasterly,
southeasterly and northeasterly along the southeasterly line of said NW quadrant of Watson Island to
the most easterly corner of said NW quadrant of Watson Island, said corner being on the southwesterly
right-of-way line of Douglas Macarthur Causeway; thence northwesterly and westerly along the said
right-of-way line to the northwest corner of said NW quadrant of Watson Island; thence westerly along
the southerly right-of-way line of the state road A-1-A (Douglas Macarthur Causeway) to the bulkhead
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line of Biscayne Bay; thence northerly along the bulkhead line of Biscayne Bay to a point of intersection
with the centerline of N.E. 17th Street extended easterly; thence westerly along the centerline of N.E.
17th Street and its extension thereof to a point of intersection with the centerline of North Bayshore
Drive; thence northerly along the centerline of North Bayshore Drive to its intersection with the
centerline of N.E. 17th Terrace; thence northwesterly along the centerline of N.E. 17 th Terrace to its
intersection with the southwesterly extension of the northwesterly line of lot 2 of block 1 of Seaport as
recorded in plat book 149 at 79 of the public records of Dade County, Florida; thence northeasterly
along the northwesterly line of said lot 2, and its said southwesterly extension thereof, to the
southwesterly corner of lot 1 of block 1 of said Seaport (149-79); thence southeasterly and easterly
along the southerly line of said lot 1 and its easterly extension to its intersection with the centerline of
North Bayshore Drive; thence northeasterly along the centerline of North Bayshore Drive to its
intersection with the southeasterly extension of the northerly line of said lot 1 of block 1 of said Seaport
(149-79); thence northwesterly along the northerly line of said lot 1, and its said southeasterly
extension thereof, to the northwesterly corner of said lot 1; thence northwesterly across a 10-foot-wide
alley to the northeasterly corner of lot 6 of block 8 of Miramar amended as recorded in plat book 5 at
page 4 of the public records of Dade County, Florida; thence northwesterly along the northerly line of
said lot 6 and its northwesterly extension to its intersection with the centerline of Sevilla Street (N.E. 4
th Avenue) of said Miramar amended (5-4); thence southwesterly along the centerline of said Sevilla
Street (N.E. 4 th Avenue) to its intersection with the centerline of Vedado Street (N.E. 4 th Avenue) of
said Miramar amended (5-4); thence northerly along the centerline of N.E. 4 th Avenue (Vedado Street);
thence northerly along the centerline of N.E. Fourth Avenue to its intersection with the centerline of
N.E. 19th Street; thence westerly along the centerline of N.E. 19th Street to a point of intersection with
southerly extension of the easterly lot line of lot 4 of block 1 of Miramar amended as recorded in plat
book 5 at page 4 of the public records of Dade County, Florida, thence northerly along the easterly lot
line of lot 4 and its extension thereof to the southerly lot line of lot 8 of Coral Park as recorded in plat
book 2 at page 66 of the public records of Dade County, Florida; thence easterly along the southerly
lot line of lot 8 to the southeast corner of said lot 8; thence northerly along the easterly lot line of lot 8
to the southerly right-of-way line of N.E. 20th Street; thence easterly along the southerly right-of-way
line of N.E. 20th Street to the southerly extension of the easterly lot line of lot 7 of said Coral Park (2-
66); thence northerly along the easterly lot line of lot 7 and its extension thereof to the northeast corner
of lot 7; thence westerly along the northerly lot line of lot 7 to a point of intersection with the southerly
extension of the easterly lot line of lot 7 of block 4 of Bayside Park amended as recorded in plat book
2 at page 40 of the public records of Dade County, Florida; thence northerly along the easterly lot line
of lot 7 and its extension thereof across a 15-foot-wide alley to the northeast corner of lot 7; thence
continuing northerly across the right-of-way of N.E. 20th Terrace to the southeast corner of lot 7 of
block 1 of Bayside Park amended (2-40); thence northerly along the easterly lot line of lot 7 to the
northeast corner of said lot 7; thence across a 15-foot-wide alley to the southeast corner of lot 5 block
3 of Bayonne Subdivision as recorded in plat book 2 at page 35 of the public records of Dade County,
Florida; thence northerly along the easterly lot line of lot 5, and the northerly extension of its easterly
lot line thereof, to the centerline of N.E. 21st Street; thence easterly along the centerline of N.E. 21st
Street to a point of intersection with the southerly extension of the easterly lot line of lot 3 of block 1 of
Bayonne Subdivision (2-35); thence northerly along the easterly lot line and its extension thereof, to
the southerly lot line of tract A of Caruso Subdivision as recorded in plat book 79 at page 23 of the
public records of Dade County, Florida; thence easterly along the southerly tract line of tract A to the
southerly extension of the easterly right-of-way line of N.E. Fourth Avenue; thence northerly along the
easterly right-of-way line of N.E. Fourth Avenue and its extension thereof to the centerline of N.E. 24th
Street; thence westerly along the centerline of N.E. 24th Street to the centerline of N.E. Second
Avenue; thence southerly along the centerline of N.E. Second Avenue to the centerline of N.E. 17th
Street; thence westerly along the centerline of N.E. 17th Street and N.W. 17th Street to the easterly
right-of-way line of the FEC Railroad; thence southerly along the easterly right-of-way line of the FEC
Railroad to the centerline of N.W. Fifth Street thence westerly along the centerline of N.W. Fifth Street
to the point of beginning.
(Ord. No. 12307, §§ 2, 3, 12-12-02)
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Editor's note— Ord. No. 12307, §§ 2, 3, adopted December 12, 2002, repealed and reenacted §
14-27 in its entirety to read as herein set out. Formerly, § 14-27 pertained to similar subject
matter and derived from the Code of 1967, § 13-2; Ord. No. 9650, § 1, adopted July 8, 1983;
Ord. No. 9835, § 1, adopted May 24, 1984; Ord. No. 10575, § 1, adopted April 27, 1989, and the
Code of 1980, § 14-17.
Sec. 14-28. - Property subject to ad valorem taxes for payment of city's general obligation debts, etc.
All real property located within the central business district shall be subject to ad valorem taxes to pay
the principal and interest on all existing general obligation debts of the city and any future debts which may
be authorized by law.
(Code 1967, § 13-3; Code 1980, § 14-18)
Sec. 14-29. - Powers of city cumulative.
All powers conferred upon the city by this article are and shall be supplemental and in addition to those
conferred by any other general or special law and shall be liberally construed to effectuate the purposes
hereof.
(Code 1967, § 13-4; Code 1980, § 14-19)
Secs. 14-30-14-50. - Reserved.
DIVISION 2. - DOWNTOWN DEVELOPMENT AUTHORITY
Sec. 14-51. - Downtown development authority created.
Pursuant to Laws of Fla., ch. 65-1090, there is hereby created the downtown development authority
of the city, which authority shall be a body corporate with the power to sue and be sued in all the courts of
the state and shall have its own corporate seal.
(Code 1967, § 13-5; Code 1980, § 14-25)
State Law reference— Act authorizing creation of downtown development authorities in certain
cities, Laws of Fla., ch. 65-1090, set forth in pt. I, subpt. C, art. I of this volume.
Sec. 14-52. - Downtown development authority board —Composition; appointment and terms of office
of members and executive board; filling of vacancies.
(a) The affairs of the authority shall be under the direct supervision and control of a board consisting of
15 members, appointed, and confirmed, by the city commission in the manner indicated in subsection
(b) below.
(b) The board shall be constituted by 15 members as follows:
(1) The city commission, at large, shall appoint one of its members to be the chairperson of the board
and the 15th member thereof. The chairperson of the authority shall have the power to appoint
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the chairperson(s) to the various committees which the authority shall have the power to establish
from time to time.
(2) One member may be appointed by the board of county commissioners of Dade County and
submitted to the city commission for confirmation.
One member may be appointed by the cabinet of the state and submitted to the city commission
[for] confirmation.
(4) The remaining 12 members shall be appointed by the then current board of directors of the
authority and submitted to the city commission for confirmation. At least eight of the 12 appointees
must be property owners, as provided in section 14-53. The board shall include at least one
member from each sub -district created by the authority from time to time. A proposed member
shall not be a member of the board of directors of the authority until confirmed by the city
commission. In the event that an appointee is rejected by the city commission, then the board
shall appoint a successor(s) until all 12 seats are filled by appointees who are confirmed by the
city commission.
In the event the city commission does not reject a proposed member appointed by the board of
county commissioners or by the cabinet of the state within the next two meetings of the city
commission taking place after the date the city commission is notified of such appointment, then
said appointee shall be deemed confirmed by the city commission. If, however, any such
appointee is rejected by the city commission within the aforementioned period, then the board of
county commissioners and/or the cabinet of the state shall have a period of ten days, after being
notified of the rejection, in which to appoint a replacement, who shall be again subject to
confirmation by the city commission. In the event that the appointee is, again, rejected by the city
commission, then the board of directors of the authority shall have the right to fill the vacant
position(s) in the manner provided in subsection (6).
(6) In the event that the board of county commissioners or the cabinet of the state fails to appoint a
member within 30 days from the date that the nomination is requested by the board of the
authority, or within ten days after being notified of the rejection of a nominee, then the board may
appoint proposed members(s) for said positions. The proposed members for the county and state
seats shall be individuals who, in the opinion of the board, have the necessary qualifications and
credentials to represent the board of county commissioners and/or the cabinet of the state. The
appointee(s) shall be submitted to the city commission for confirmation, and shall be deemed
confirmed unless the appointment is rejected by the city commission within the next two meetings
of the city commission taking place after the date the city commission is notified of said
appointment. In the event of a rejection, the board shall have the right to continue to submit the
name of appointee(s) until confirmation by the city commission.
(c) Members shall serve terms of four years expiring on August 31 of the fourth year of their term.
Members shall serve a maximum of eight consecutive years, provided that upon the unanimous vote
of the board, the city commission may, by unanimous vote, extend the term of a member for one
additional period of four years. Notwithstanding the foregoing, members who, as of the effective date
of this section, have served on the board for a period in excess of eight years shall be permitted to
finish their term and may serve for one additional period of four years upon the unanimous vote of the
board and the city commission. Members shall continue to serve until their successors have been
appointed and confirmed. Appointments to fill vacancies shall be for the unexpired term only.
(d) Quorum shall consist of five members. Rules of procedure of the board may require up to nine
members to be present in person or by telephone to take board action.
(3)
(5)
(Code 1967, § 13-6; Ord. No. 9067, § 1, 2-12-80; Ord. No. 9071, § 1, 2-28-80; Ord. No. 9705, §
1, 10-25-83; Ord. No. 9869, § 1, 7-31-84; Ord. No. 10424, § 1, 4-14-88; Ord. No. 10534, § 1, 1-
12-89; Ord. No. 10985, § 1, 5-14-92; Ord. No. 11043, § 1, 3-11-93; Ord. No. 11064, § 1, 5-27-
93; Ord. No. 11130, § 10, 3-24-94; Ord. No. 11151, § 1, 5-23-94; Code 1980, § 14-26; Ord. No.
11373, § 6, 6-27-96; Ord. No. 11538, § 3, 9-9-97; Ord. No. 11564, § 7, 10-28-97; Ord. No.
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11692, § 2, 7-21-98; Ord. No. 11734, § 2, 12-8-98; Ord. No. 12519, § 3, 4-8-04; Ord. No. 12905,
§ 2, 4-12-07)
Sec. 14-53. - Same -Qualifications of members.
(a) Except for the seats to be filled by the city commission, the board of county commissioners, or the
cabinet of the state, all members of the board shall (1) reside; or (2) work; or (3) own (or be the
designated representative of the owner of) a business; or (4) own (or be the designated representative
of the owner of) real property in the downtown district, as described in section 14-27 of this article II.
For purposes of this section, a person shall be deemed to "own real property" where the person is the
owner of the fee simple title, or owns the leasehold interest on the property under a lease having an
original term of at least 30 years. All members of the board shall be individuals of outstanding
reputation for integrity, responsibility and business ability and acumen. No officer or employee of the
city, other than one member of the city commission, shall be eligible for appointment to the board.
(b) Before assuming the duties of the office, each appointed member shall qualify by taking and
subscribing to the oath of office required of officials of the city.
(Code 1967, § 13-7; Ord. No. 10714, § 1, 3-8-90; Ord. No. 10985, § 1, 5-14-92; Ord. No. 11189,
§ 2, 10-27-94; Code 1980, § 14-27; Ord. No. 11373, § 6, 6-27-96; Ord. No. 11538, § 3, 9-9-97;
Ord. No. 11692, § 2, 7-21-98)
Sec. 14-54. - Same -Meetings; rules and regulations; compensation of members.
The board shall adopt and promulgate rules governing its procedures subject to approval by the city
commission and shall hold regular meetings no less often than once each month, except for any month in
which the city commission is not in session. Special meetings may be held when called in the manner
provided in the rules of the board. All meetings of the board shall be open to the public. Each member of
the board shall serve without compensation.
(Code 1967, § 13-8; Code 1980, § 14-28; Ord. No. 12905, § 2, 4-12-07)
Sec. 14-55. - Same -Removal of members.
Notwithstanding anything in the Code to the contrary, by resolution specifying facts sufficient to advise
a board member as to the basis for his or her removal and after reasonable notice to the board member
and an opportunity for the member to be heard, the city commission or the board of directors, may remove
a board member:
(1) For cause;
(2) Upon the occurrence of an event hat causes the member to cease to meet their qualification
criteria set forth in section 14-53; or
(3)
As otherwise provided by law.
For purposes of this section, being absent from three consecutive regular board meetings or from four
regular board meetings during a calendar year shall constitute good cause for removal.
(Code 1967, § 13-9; Ord. No. 9363, § 1, 1-14-82; Ord. No. 11130, § 10, 3-24-94; Code 1980, §
14-29; Ord. No. 11538, § 3, 9-9-97; Ord. No. 12905, § 2, 4-12-07)
Sec. 14-56. - Same -Powers and duties.
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(a) The board, subject to the provisions of this article, and subject to other applicable provisions of law,
shall have all powers customarily vested in the board of directors of a corporation for profit. It shall
exercise supervisory control over the activities of the executive director and the staff of the downtown
development authority in carrying out the functions authorized by this article.
(b) It shall be the duty of the board, and it shall have the power, to do the following:
(1) Appoint an executive director; prescribe his/her duties; and fix his/her compensation, which shall
be paid from funds available to the authority. The staff members shall be employed by the
executive director, and shall have no civil service rights or privileges.
(2) Prepare an analysis of economic changes taking place in the central business district of the city.
(3) Study and analyze the impact of metropolitan growth upon the central business district.
(4) Plan and propose, within the downtown area, public improvements of all kinds, including
renovation, repair, remodeling, reconstruction or other changes in existing buildings which may
be necessary or appropriate to the execution of any such plan which in the opinion of the board
will aid in the economic growth of the downtown area.
To implement as provided in this article any plan of development in the downtown area as shall
be necessary to carry out its functions, except that when funds are required the approval of the
city commission is required.
(6) In cooperation with the planning advisory board and zoning board of the city and the planning
department of the city, develop long range plans designed to halt the deterioration of property
values in the central business district, and take such steps as may be necessary to persuade
property owners to implement such plans to the fullest extent possible.
Retain and fix the compensation of legal counsel to advise the board in the proper performance
of its duties. The general counsel of the downtown development authority as authorized in this
article shall be a practicing attorney at law admitted to the practice of law in the state. He shall
represent the authority in all suits or actions brought by or against the authority involving the
jurisdiction, power, duties, functions or activities of the authority, or of the city, under the terms of
this article.
(5)
(7)
(8) To make and enter into all contracts necessary or incidental to the exercise of its powers and the
performance of its duties.
Borrow money on a shortterm basis to pay expenses of operation following the assessment and
levy and prior to collection of the tax herein authorized, and to issue evidences of indebtedness,
such loans to be signed by the chairman and the secretary of the authority. Prior to the issuance
of evidence of indebtedness for such loans, the board shall first present the plan and need therefor
and the commission of the city must approve such evidence of indebtedness by an appropriate
resolution. The rate of interest to be paid by the authority on any such debt shall be the lowest
rate of interest available not to exceed six percent per annum. The authority shall hold the city
harmless with respect to any debt created hereunder.
(9)
(Code 1967, § 13-10; Ord. No. 8665, § 1, 6-21-77; Code 1980, § 14-30; Ord. No. 12905, § 2, 4-
12-07)
Sec. 14-57. - Same —Additional powers and duties.
In addition and supplemental to the powers provided in section 14-56, the authority acting through its
board, subject to the approval of the commission of the city as hereinafter set forth, shall have the right,
power and authority to:
(1) Acquire by the exercise of the power of eminent domain any real property which it may deem
necessary for its purposes under this article after the adoption by it of a resolution declaring that
the acquisition of the real property described therein is necessary for such purposes, subject to
Page 7
the need and plan therefor being first presented to the commission of the city and its approval
evidenced by the adoption of an appropriate resolution. The authority may exercise the power of
eminent domain in the manner provided in F.S. chs. 73 and 74. Property already devoted to a
public use may be acquired in like manner, provided that no real property belonging to the city,
the county, the state or any political subdivision thereof may be acquired without its consent.
(2) Acquire by purchase or otherwise on such terms and conditions and in such manner as it may
deem proper, or by the exercise of the power of eminent domain, subject to the need and plan
therefor being first presented to the commission of the city and its approval evidenced by the
adoption of an appropriate resolution, own, convey or otherwise dispose of, lease as lessor or
lessee any land and any other property, real or personal, or any rights or interests therein, which
it may determine is reasonably necessary for any project (hereafter defined) or purpose of this
article; and to grant or acquire licenses, easements and options with respect thereto.
Improve land, construct, reconstruct, equip, improve, maintain, repair and operate office buildings
and any necessary or desirable appurtenances thereto, within the boundaries of the authority for
the housing in whole or in part of federal, state, county or municipal governmental entities or any
agencies thereof or any other person or corporation or any combination of the foregoing (each
such office building being herein called a "project"), subject to the need and plan therefor being
first presented to the mayor and commission of the city and its approval evidenced by the adoption
of an appropriate resolution.
(4) Fix, charge and collect fees, rents and charges for the use of any project or any part thereof or
any facilities furnished thereby, or property under its control and to pledge such revenue to the
payment of revenue bonds issued by it, subject to the need and plan therefor being first presented
to the mayor and commission of the city and its approval evidenced by the adoption of an
appropriate resolution.
Lease as lessor any project, projects or property under its control or any part thereof and charge
rentals for the use thereof sufficient with any other available revenues to pay the principal of and
the interest on the revenue bonds issued to pay the cost of any such project or projects, subject
to the need and plan therefor being first presented to the mayor and commission of the city and
its approval evidenced by the adoption of an appropriate resolution.
(6) Accept grants and donations of any type of property, labor, or other thing of value from any public
or private source.
(7) Receive the proceeds of the tax referred to in this article, subject to the commission of the city
approving the millage assessment as provided therein.
(8) Receive the revenues from any property, project or facility owned, leased, licensed, or operated
by it or under its control, subject to the limitations imposed upon it by trusts or other agreements
validly entered into by it.
(9) Cooperate and enter into agreements with any governmental agency or other public body, subject
to the need and plan therefor being first presented to the commission of the city and its approval
evidenced by the adoption of an appropriate resolution.
(10) Make or receive from the municipality or the county in which the authority is located conveyances,
leasehold interests, grants, contributions, loans and other rights and privileges, subject to the
need and plan therefor being first presented to the commission of the city and its approval
evidenced by the adoption of an appropriate resolution.
(11) Subject to the need and plan therefor being first presented to the commission of the city and its
approval evidenced by the adoption of an appropriate resolution approving such plan, issue,
negotiate and sell, in accordance with the applicable provisions of the laws of the state, except
as otherwise herein provided, revenue bonds of the authority, payable solely from revenues, to
pay all or any part of the cost of any project, projects or purpose of this article upon such terms
and conditions, manner and form, and having such details, conditions and provisions as shall be
determined by resolution of the authority not inconsistent with the provisions hereof, and to secure
(3)
(5)
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such revenue bonds by a trust agreement by and between the authority and a bank or trust
company having trust company powers within or without the state, provided that any such revenue
bonds shall mature at such time or times not later than 40 years from their date and shall bear
interest at a rate or rates not exceeding six percent per annum; to take all steps deemed by it
necessary or expedient for efficient preparation and marketing of the revenue bonds at public
sale upon ten days' published notice in the municipality where the authority is located or with the
approval of the commission of the city at private sale, at the best price obtainable, including the
entry into binding agreements with corporate trustees, underwriters, and the holders of the
revenue bonds, and the employment and payment, as a necessary expense of issuance, for the
services of consultants on valuations, costs and feasibility of undertaking, revenues to be
anticipated and other financial matters, architecture, engineering, legal matters, accounting
matters, and any other fields in which expert advice may be needed to effectuate advantageous
issuance and marketing; and such bonds shall be governed by the following conditions:
a. Any revenue bonds issued under the provisions of this section shall not be deemed to be a
debt of the city, the county in which it is located, or the state, or a pledge of the faith and
credit of the city, county or state; but such bonds shall be payable solely from the revenues
pledged for their payment as authorized herein. The city establishing such authority, the
county in which it is located, and the state are not directly or indirectly obligated to pay the
principal of or the interest on the bonds, and the faith and credit of the city is not pledged to
the payment of such principal or interest; and all such bonds shall contain this statement on
their face. The issuance of revenue bonds under the provisions of this section shall not,
directly or indirectly or contingently, obligate the city, county or state to levy or to pledge any
form of taxation whatever therefor, or to make any appropriation for their payment.
b. All revenue bonds issued pursuant hereto shall be negotiable instruments for all purposes.
(12) Exercise all powers incidental to the effective and expedient exercise of the foregoing powers to
the extent not in conflict herewith or inconsistent herewith.
(Code 1967, § 13-10.1; Code 1980, § 14-31; Ord. No. 11564, § 7, 10-28-97)
Sec. 14-58. - Employees generally.
(a) The board shall employ and fix the compensation, subject to the approval of the city commission, of
the executive director of the board, who shall serve at the pleasure of the board. The executive director
shall be a person of good moral character and possessed of a reputation for integrity, responsibility
and business ability. No member of the board shall be eligible to hold the position of executive director.
Before entering upon the duties of his/her office, the executive director shall take and subscribe to the
oath and furnish bond as required of members of the board. He/she shall be the chief executive officer
of the downtown development authority and shall devote his/her entire time and attention to the duties
of his/her office. He/she shall not, while serving as executive director, engage in any other business
or profession. Subject to the approval of the board, and direction by it when necessary, he/she shall
have general supervision over and be responsible for the preparation of plans and the performance of
the functions of the authority in the manner authorized in this article. He/she shall attend all meetings
of the board and shall render to the board, the mayor and to the city commission, a monthly report
covering the activities and financial condition of the authority. In the absence or disability of the
executive director, the board may designate a qualified person to perform the duties of the office as
acting executive director. The executive director shall furnish the board with such information or reports
governing the operation of the authority as the board may from time to time require.
(b) Subject to the approval of the board, the executive director shall employ and fix the compensation of:
(1) A treasurer, who shall keep the financial records of the authority and who, together with the
executive director, shall perform such other duties as may be delegated to him/her by the board.
At the discretion of the board, the functions of the treasurer may be performed by an outside
professional retained and approved by the board for these purposes.
Page 9
(2) A secretary, who shall maintain custody of the official seal and of all records, books, documents
or other papers not required to be maintained by the treasurer. The secretary shall attend all
meetings of the board and keep a record of all its proceedings. The secretary shall perform such
other duties as may be delegated by the board.
Such clerical, technical and professional assistance, including, but not limited to, engineering,
planning, economic research and other fields, as shall in the opinion of the board be necessary
to provide for the efficient performance of the functions of the board.
(3)
(Code 1967, § 13-11; Code 1980, § 14-32; Ord. No. 11564, § 7, 10-28-97; Ord. No. 12905, § 2,
4-12-07)
Sec. 14-59. - Annual budget; source of funds.
(a)
No later than 30 days prior to the date the city commission establishes the millage rate for the city, the
executive director shall prepare for the approval of the board a budget for the operation of the
downtown development authority for the ensuing fiscal year. The budget shall be prepared in the same
manner as required of all departments of the city. When approved by the board it shall not require
approval of any officer or body of the city other than the city commission. No funds of the city may be
included in the budget of the authority except those funds authorized in this article.
(b) The operations of the downtown development authority shall be principally financed from the following
sources and such other sources as may be approved by the city commission:
(1) Donations to the authority for the performance of its functions.
(2) Proceeds of an ad valorem tax, not exceeding 0.4750 mills per dollar valuation of property in the
downtown area designated by the city commission.
Money borrowed and to be repaid from other funds received under the authority of this article
which shall include federal funds, contributions and funds derived from the millage authorized to
be levied under this article.
(3)
(Code 1967, § 13-12; Code 1980, § 14-33; Ord. No. 12905, § 2, 4-12-07; Ord. No. 13573, § 2,
11-19-15)
Sec. 14-60. - Annual ad valorem tax levy in downtown district; disposition of funds.
The city commission is authorized to levy an additional ad valorem tax on all real and personal property
in the downtown district as described in this article, not exceeding 0.4750 mills on the dollar valuation of
such property, for the purpose of financing the operation of the downtown development authority. This levy
of 0.4750 mills per dollar ad valorem tax shall be in addition to the regular ad valorem taxes and special
assessments for improvements imposed by the city commission. The tax collector shall transmit funds so
collected to the appropriate officer of the city responsible for the handling of the public money who shall
deposit the same in the city treasury to the credit of the authority. Such money shall be used for no purpose
other than those purposes authorized in this article and, upon approval of the board, pursuant to vouchers
signed by a minimum of two authorized signatories of the authority, who shall be the executive director and
one member of the board of directors, or two members of the board of directors. The funds of the authority
shall be secured as other public funds are secured. Other money received by the authority shall forthwith
be deposited in the city treasury to the credit of the authority, subject to disbursement as authorized in this
article. The city shall not obligate itself nor shall it ever be obligated to pay any sums from general public
funds, or from any public funds other than money received pursuant to section 14-59 for or on account of
any of the activities of the authority.
Page 10
(Code 1967, § 13-13; Code 1980, § 14-34; Ord. No. 12905, § 2, 4-12-07; Ord. No. 13573, § 2,
11-19-15)
Sec. 14-61. - Assessment of funds for handling and auditing by city.
The city commission shall have the power to assess against the funds of the downtown development
authority, for the use and benefit of the general fund of the city, a reasonable pro rata share of such funds
for the cost of handling and auditing, which assessment when made shall be paid annually by the board
pursuant to an appropriate item in its budget.
(Code 1967, § 13-14; Code 1980, § 14-35)
Sec. 14-62. - Conflicts of interest of board members, employees, etc.
No board member nor any employee of the board shall vote or otherwise participate in any matter in
which he has a financial interest, either direct or indirect. When such interest shall appear, it shall be the
duty of the board member, or employee, to make such interest known and he shall thenceforth refrain from
voting on or otherwise participating in the particular transaction involving such interest. Wilful violation of
the provisions of this section shall constitute malfeasance on the part of a member of the board, and shall
be grounds for instant dismissal of any employee. Any transaction involving a conflict of interest, wherein a
violation of this section is involved, may be rendered void at the option of the board.
(Code 1967, § 13-15; Code 1980, § 14-36)
City Code cross reference— Conflicts of interest, § 2-611 et seq.
DIVISION 3. - DOWNTOWN PEDESTRIAN PRIORITY ZONE
Sec. 14-63. - Established; boundaries.
There is hereby created a Downtown Pedestrian Priority Zone (DPPZ), the boundaries of which shall
be concurrent with the boundaries of the Downtown Development Authority as described in section 14-27
of this Code.
(Ord. No. 13426, § 2, 1-9-14)
Sec. 14-64. - Standards.
DPPZ standards for pedestrian comfort and safety are hereby established to account for the
exceptional urban context of downtown Miami, to safeguard its unique relationship between land use and
multi -modal transportation infrastructure, and to promote safety, health, amenity, economic vitality and
general welfare within the DPPZ. All public rights -of -way within the DPPZ shall:
(1) Provide a minimum six-foot unobstructed pedestrian path at all sidewalks;
(2) Provide perpendicular curb ramps at all intersections;
(3) Provide marked crosswalks at all intersections at all four corners and mid -block crosswalks at
blocks greater than 400 feet;
Page 11
(4) Provide pre -timed fixed signals at all traffic controlled intersections with a minimum of one second
of crossing time for every two and eight -tenths feet of street width.
Provide driving lane widths of no more than ten feet, turning lanes of no more than 12 feet, and
sharrow lanes of no more than 12 feet;
(6) Provide sidewalk bulb -outs extending at least 20 feet from crosswalks in either direction at all
street intersections and curb radii not exceeding 15 feet;
Provide broad spectrum (white) mid -block street lighting that ensures a consistent and uniform
distribution of illumination on all sidewalks;
(8) Provide continuous shade tree canopy on all sidewalks with widths ten feet or greater; where
sidewalks are less than ten feet wide, require adjacent buildings to have canopies, overhangs
and/or other architectural devices that provide shade onto the sidewalk area;
(9) Be designed to and posted at a maximum speed limit of 25 miles per hour; and
(10) Prohibit "right turn on red" at all intersections.
(5)
(7)
(Ord. No. 13426, § 2, 1-9-14)
Sec. 14-65. - Conflicts with other chapters and regulations.
Within the DPPZ, this division shall govern in the event of conflicts with:
(1) Other provisions of this Code;
(2) The city's engineering standards as defined in section 54-1 of this Code;
(3)
To the extent allowed by law, the minimum standards for public works construction as
promulgated in the Miami -Dade County Public Works Manual pursuant to Section 2-100 of the
Miami -Dade County Code of Ordinances. Variances may be requested from the Miami -Dade
County Public Works Director;
(4) The Florida Greenbook; and
(5) To the extent allowed by law, any other guidelines or standards of any other entity having
jurisdiction over public rights -of -way within the DPPZ.
(Ord. No. 13426, § 2, 1-9-14)
Secs. 14-66-14-90. - Reserved.
ARTICLE III. - GUSMAN CENTER FOR THE PERFORMING ARTS
Sec. 14-91. - Administration.
(a) The members of the off-street parking board of the city, or their successors, are hereby authorized to
administer the facility known as Gusman Center for the Performing Arts and located at 174 East Flagler
Street, Miami, Florida, on the property legally described as follows:
Lot 1, lot 2 (less the west two inches of the north 65 feet), the south 55 feet of lot 3, and the north 45
feet of lots 18, 19 and 20, block 121 north, City of Miami, according to the plat thereof, as recorded in
plat book B, at page 41, of the public records of Dade County, Florida.
(b) Administration of said facility shall include, but not be limited to, the following:
Page 12
(1) Provide for the general management, maintenance and upkeep of the building, including the
engagement of such personnel or independent contractors as are necessary for such.
(2) Negotiate and enter into agreements or leases for the use of the auditorium and other available
space in the building on the property.
Provide for appropriate means of accounting and bookkeeping so that the financial affairs of the
facility are adequately administered and accounted for.
(4) Provide leadership and guidance so that the facility may be financially sound in its operation as
well as being a cultural and artistic success, and a noteworthy monument reflecting credit upon
the city, and an outstanding attraction in the downtown area.
Establish a maintenance fund for the upkeep of the building and establish such reserve funds
from the income of the facility as are deemed by the members of the off-street parking board to
be necessary for the successful operation of the facility.
(6) Make periodic reports to the mayor and city commission which shall reflect the financial condition
of the operation of the facility.
(3)
(5)
(Ord. No. 8435, § 1, 7-31-75; Code 1980, § 14-51; Ord. No. 11564, § 7, 10-28-97)
Secs. 14-92-14-120. - Reserved.
ARTICLE IV. - DOWNTOWN AND SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENTS OF REGIONAL
I M PACTu
Footnotes:
--- (2) ---
Editor's note- Ord. No. 13406, § 3, adopted September 26, 2013, amended article IV in its entirety to
read as herein set out. Formerly, article IV pertained to similar subject matter, and derived from the Code
of 1980, §§ 14-58-14-65, 14-70-14-72; Ord. No. 10543, § 1, adopted January 26, 1989; Ord. No.
10675, § 1, adopted November 30, 1989, and Ord. No. 11032, § 2, adopted December 10, 1992.
DIVISION 1. - GENERALLY
Sec. 14-121. - Intent.
This article is intended to assist in the implementation of the downtown development of regional impact
(Resolutions 87-1148, 87-1149, 91-968, 94-849, 94-850, 98-219, 98-787, 98-1153, 99-159, 99-973, 02-
1307, 04-0425) and the Southeast Overtown/Park West development of regional impact (Resolutions 88-
110, 88-111, 92-609 and 13-) development orders. Its purpose is to assure the orderly use and flow of
development credits by preventing the retention of such credits by developments unable to complete
construction within a reasonable period of time and to initiate implementation of traffic control and
environmental protection measures of said resolutions.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-122. - Definitions.
Page 13
For the purpose of this article, the following terms shall be defined as presented below:
Building permit: Any permit required for new construction and additions pursuant to Section 105 of the
Florida Building Code.
Certificate ofoccupancy: A permanent or temporary or partial certificate of occupancy issued, pursuant
to the Florida Building Code, for any "net new development" as defined herein.
City: The City of Miami, Florida.
Credit holder: Entity to which a reservation of development credits has been issued in conjunction with
receipt of a building permit or major use special permit.
DDA or downtown development authority: The downtown development authority of the city.
DRER: Department of Regulatory and Economic Resources of Miami -Dade County.
Development: As defined in F.S. § 380.04 (2011) and any amendments thereto.
Development credits: The individual units of land uses included within total allowable development, as
measured by square footage or number of dwelling units, hotel rooms, or seats.
Development orders: City of Miami Resolutions 87-1148, 87-1149, 91-968, 94-849, 94-850, 98-219,
98-787, 98-1153, 99-159, 99-973, 02-1307 and 04-0425 as amended (downtown development of regional
impact), and Resolutions 88-110, 88-111, 92-607, 92-608, 92-609, 93-217, 99-973, 00-289, 01-1159, 05-
0480 and 13- (Southeast Overtown/Park West development of regional impact), as amended, as applicable.
DRI: Development of regional impact.
Major use special permit or MUSP: A special permit issued by the city commission for large
developments pursuant to former Zoning Ordinance Number 11000, or its functional equivalent.
Net new development: Any construction or reconstruction which will result in a net increase, within any
"parcel of land," of residential dwelling units, hotel rooms, seats in attractions/recreation facilities or gross
square footage or office, government office, retail/service, convention, wholesale/industrial or institutional
uses. Land uses to be removed by demolition of a building or structure may be credited against the
proposed new land uses for purposes of calculating the net increase, if the planning, building and zoning
director determines that there was a valid certificate of occupancy existing on the effective date of the
master increment I, increment II, or increment III development orders rendered for the downtown DRI and
the Southeast Overtown/Park West DRI for the land uses to be demolished. If a change of land use is
proposed, the planning, building and zoning director may credit the prior land use against the proposed
land use based upon equivalent impacts as measured by peak hour vehicle trip generations.
Parcel of land: Any quantity of land capable of being described with such definiteness that its location
and boundaries may be established, and which is designated by its owner or developer as land to be used
or developed as a unit or which has been used or developed as a unit.
Reservation of development credits: A written certificate, signed by the planning, building and zoning
director, allocating an amount of development credits equal to the amount of net new development in a
zoning approval or building permit to a specified parcel of land, subject to the terms and conditions of this
article. Reservations of development credits shall run with the land and shall not be transferable to any
other parcel of land or building permit.
SF, gross square feet, or gross square footage shall mean the floor area as defined within the zoning
ordinance.
Site shall mean a legally described parcel of property capable of development pursuant to applicable
city ordinances and regulations.
Total allowable development: The quantity of net new development for which certificates of occupancy
may be issued under the terms and conditions of the increment I, increment II and increment III development
orders as amended, together with the applicable master development order, as may be modified pursuant
to F.S. § 380.06(19) (2011), and which shall be measured by the following land uses:
Page 14
DOWNTOWN
Land Uses
Office (gross square feet)
Increment I
(1988-1997)
Increment II
(1992-1999)
Increment III
(1999-2007)
6,919,550 3,600,000
Government office (gross square feet) 300,000
250,000
Retail/service (gross square feet) 1,050,000 400,000
1,500 500
3,550 2,550
Hotel (rooms)
Residential (dwelling units)
Convention (gross square feet)
Totals
3,700,000 14, 219, 550
200,000 750,000
500,000 1,950,000
1,100 3,100
2,920
500,000
Wholesale/industrial (gross square feet) 1,050,000
Institutional (gross square feet) 300,000
Attractions/recreation (seats) 6,500
0 0
0
1,600
9,020
500,000
1,050,000 2,100,000
300,000
5,000
r600000
13,100
SOUTHEAST OVERTOWN/PARK WEST
Land Uses
Office (gross square feet)
Retail/service general commercial (gross square
feet)
Hotel (rooms)
Residential (dwelling units)
Increment I
(1988-
2005)
Increment
II
(1992-
2019)
Increment
III Totals
(2012-2025)
166,000 337,000 2,300,000
72,272 94,828
0 500
2,000 2,000 1
2,803,000
1,250,000 1,417,100
2,100 1 2,600
4,000 8,000
Page 15
Attractions (seats)
Conference (gross square feet)
8,000 8,000 0 16,000
0 0 200,000 200,000
Work: Work shall be considered to have commenced and be in active progress when the planning
director determines, after consultation with the city's building official, that a full complement of workmen
and equipment is present at the site to diligently, in accordance with normal and customary construction
scheduling, incorporate materials and equipment into the structure throughout the day on each full working
day, weather permitting
Zoning ordinance shall mean city Ordinance Number 13114, known as Miami 21 Zoning Code, or a
successor ordinance, the zoning ordinance of the City of Miami.
(Ord. No. 13406, § 3, 9-26-13)
Secs. 14-123-14-150. - Reserved.
DIVISION 2. - RESERVATION OF DEVELOPMENT CREDITS
Sec. 14-151. - Downtown: With building permit.
Application for reservation of development credits for net new development within the downtown DRI
areas that is not required to undergo major use special permit (MUSP) review pursuant to Ordinance
Number 11000, the zoning ordinance of the city, as amended, shall be made concurrent with applications
for a building permit. Reservations for development credits will be issued simultaneously with an approved
building permit subject to the payment of all applicable fees at the time when due pursuant to ordinance.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-152. - Downtown: With major use special permit.
(a) Application for reservation of development credits for net new development within the downtown DRI
areas that because of its size and nature must undergo major use special permit (MUSP) review
pursuant to Ordinance Number 11000, the zoning ordinance of the city, as amended, shall be made
concurrent with the application for a MUSP. Applicants shall only apply for reservation of development
credits for those portions or phases of their net new development anticipated to be under construction
within 24 months from the date of the issuance of the MUSP. Subsequent phases may receive a
reservation only after the building permit has been issued for the prior phase. Reservation of
development credits shall be issued simultaneous with the MUSP, subject to the payment of all
applicable fees at the time when due pursuant to ordinance, and further subject to adherence to the
following time limitations:
(1) Within six months from the effective date of the MUSP, the applicant must demonstrate to the
planning, building and zoning director that design development plans and drawings for those
portions of net new development for which a reservation of development credits has been issued
are in progress and are likely to be completed within the succeeding six months.
Page 16
(2) Within 12 months from the effective date of the MUSP, the applicant must submit a letter of intent
to provide construction financing from a lending institution or other qualified source and
demonstrate to the planning, building and zoning director that working drawings/construction
documents for those portions of net new development for which a reservation of development
credits has been issued are in progress and likely to be completed within the succeeding six
months.
(3)
Within 18 months from the effective date of the MUSP, the applicant must submit a binding letter
of commitment for construction financing from a lending institution or other qualified source and
demonstrate to the planning, building and zoning director that a complete application for a building
permit has been submitted to the planning, building and zoning department for those portions of
net new development for which a reservation of development credits has been issued.
(4) Within 24 months from the effective date of the MUSP, the applicant must demonstrate to the
planning, building and zoning director that the building permit has been obtained and that work
has commenced on the net new development for which a reservation of development credits has
been issued.
(b) It shall be the responsibility of the holder of the MUSP to submit the required information, in writing, to
the planning, building and zoning director on or before the expiration date of each of the above -
described six-month intervals. At any of the above -described intervals the planning, building and
zoning director may rescind the reservation of development credits for failure to comply with the time
limitations. Notice of intent to rescind a reservation for development credits shall be made, in writing,
by the planning, building and zoning director, stating reasons therefor, within 15 days from the
expiration date of the current six-month interval of the time limitations. The credit holder may present
additional facts, information or data in support of his position prior to the rendering of a final decision
by the planning, building and zoning director which shall be made in writing within 30 days from the
expiration date of the current six-month interval of the time limitations. Development credits rescinded
pursuant to this paragraph shall be held in reserve by the planning, building and zoning department
pending the outcome of an appeal pursuant to section 14-156.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-153. - Downtown: Time limits on development credit reservation after building permit issued.
Reservations of development credits will remain in effect for so long as the building permit remains in
effect in accord with the South Florida Building Code, except as provided herein.
(1) After 20 percent or more of the construction is complete, as measured by construction loan
disbursements, on the full amount of net new development for which a reservation of development
credits is applicable, the reservation shall not expire or be rescinded except by termination of the
building permit. It shall be the responsibility of the credit holder to submit bank drafts or other
relevant documentation to the planning, building and zoning director to verify required pro rata
completion of said construction.
(2) Prior to completion of 20 percent of construction, as provided above, if "work" appears not to be
actively underway for at least 50 percent of the working days (Monday through Friday, national
holidays excluded) within any given six-month period, the planning, building and zoning director
may, by certified mail, request a review of the reasons for the work stoppage. If the credit holder
fails to respond in writing with supporting documentation, within 15 days, or if the planning,
building and zoning director finds that work has been abandoned or is likely to be stopped for
longer than a six-month period of time due to financial failure, legal action, or any other reason,
he/she may rescind the reservation of development credits. Notice of intent to rescind a
reservation for development credits shall be made in writing by the planning, building and zoning
director, stating reasons therefor, within 30 days from the date that the planning, building and
zoning director transmits, by certified mail, the written request for review of the work stoppage.
The credit holder may present additional facts, information, or data in support of his position prior
Page 17
to the rendering of a final decision by the planning, building and zoning director which shall be
made in writing within 45 days from the date that the credit holder received the written request for
review of the work stoppage. If the planning, building and zoning director, after consulting with
the city's building official, finds sufficient evidence that work will be resumed within the succeeding
six-month period and will continue on a reasonable timetable for the size and nature of the
construction project, according to local construction industry standards, he shall not rescind the
reservation of development credits, but he/she may establish a reasonable timetable for
completion of at least 20 percent of the net new development, and conditions upon which the
reservation of development credits may be rescinded upon failure to meet the timetable. Work
stoppages caused by civil unrest, labor disputes on the site, or fire, shall be counted as
"nonworking" days. Development credits rescinded pursuant to this paragraph shall be held in
reserve by the planning, building and zoning department pending the outcome of an appeal
pursuant to section 14-156.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-154. - Downtown: Reallocation of development credits subsequent to expiration or rescission of
reservation.
(a) If a reservation for development credits expires or is rescinded by the planning, building and zoning
director, pursuant to this article, those development credits shall be reserved on a first come, first
served basis for other net new development, subject to the following order of priority:
(1) Net new development with building permits approved subject to availability of development
credits.
(2) Net new development with pending building permit applications, based upon the date of
acceptance by the planning, building and zoning department of the complete building permit
applications.
Net new development with a letter of commitment for construction financing and, if applicable, an
approved MUSP.
(4) Net new development with approved MUSPs, based upon the approval date of the MUSP. If more
than one MUSP was approved on the same date, priority will be based upon the date of
acceptance by the planning, building and zoning director of a complete MUSP application.
(b) No sooner than six months after a reservation for development credits has expired or been rescinded
pursuant to this article, a new reservation for development credits may be given to the same parcel of
land, following submission of a new application and payment of all applicable fees by the owner,
subject to availability of development credits based upon the order of priority listed above.
(3)
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-155. - Downtown: Changes in plans subsequent to reservation of development credits.
Any proposed change in plans affecting the use or gross square footage of any net new development
shall be approved by the planning, building and zoning director. The reservation of development credits
and applicable fees shall be adjusted accordingly; provided, however, that additional development credits
shall be reserved only when available according to the order of priority listed in section 14-154 above.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-156. - Downtown: Appeals.
Page 18
(a) If a reservation of development credits is rescinded by the planning, building and zoning director
pursuant to this article, the credit holder may appeal said action to the city commission by filing a notice
of appeal with the city clerk, within 15 days from the date of transmission to the planning, building and
zoning director's written notification of reservation of development credit rescission, and paying a filing
fee of $500.00. The notice of appeal shall contain sufficient documentation for the city commission to
make a determination as to whether the credit holder has complied with the relevant portion of the time
limitations set forth in sections 14-152 and 14-153 herein. A public hearing shall be scheduled for the
next available city commission meeting, not to exceed 45 days from the date of appeal, whereupon
the city commission shall, by resolution, ratify the action of the planning, building and zoning director
or shall reinstate all or part of the reservation of development credits for a time certain not to exceed
six months, except as provided below, subject to appropriate terms and conditions, and subject to
compliance with subsequent intervals of the time limitations set forth in sections 14-152 and 14-153.
(b) If work has been halted by court injunction or governmental action, the city commission may reinstate
all or part of the credits for a time certain not to exceed one year upon a strong evidentiary showing
by the appellant that matters giving rise to the injunction or governmental action have a very high
probability of being resolved within six months of the date of the appellant's city commission public
hearing.
(c) Review of actions of the city commission in reinstating a reservation of development credits, reinstating
a reservation of development credits subject to terms and conditions, reinstating a portion of a
reservation of development credits whether or not subject to terms and conditions, or denying
reinstatement of a reservation of development credits shall be by filing a notice of appeal with the
circuit court in accordance with the procedure and within the time provided by the Florida Rules of
Appellate Procedure for the review of rulings of any commission or board.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-157. - Southeast Overtown/Park West: Reservation of development credit.
(a) Application for reservation of development credits for net new development within the Southeast
Overtown/Park West DRI area may be made after zoning approval of a project and the furnishing of a
notice of intent to apply for development credit to the executive director of the Southeast
Overtown/Park West Community Redevelopment Agency, with the payment of Administration and
Master Plan Recovery fees. Applicants shall only apply for reservation of development credits for those
portions or phases of their net new development anticipated to be under construction within 24 months
from the date of zoning approval. Subsequent phases may receive a reservation only after the building
permit has been issued for the prior phase. All applicable fees, including administration, master plan
recover, air quality, and transportation, shall be paid prior to obtaining a building permit. Development
credits shall be issued upon payment of all applicable fees. Reservation and issuance of development
credits are further subject to adherence to the following time limitations:
(1) Within 12 months from the reservation of development credits, the applicant must demonstrate to
the planning director that construction drawings for those portions of net new development for
which a reservation of development credits has been issued are in progress and are likely to be
completed within the succeeding six months.
(2) Within 24 months of a reservation of development credits the applicant must pay all applicable
fees, obtaining development credits, and obtain a building permit for the development for which
the credit was issued.
(3)
Within 24 months of the issuance of a building permit, the applicant must demonstrate to the
planning director that the building permit has been obtained and that work has commenced on
the net new development for which development credits have been issued.
(4) Application for modifications to approved plans within the aforementioned timeframes shall toll
required timeframes. The date of zoning approval of a modification shall then be considered as
Page 19
the new date of reservation of development credits or issuance of development credits as the
case may be.
(b) It shall be the responsibility of the holder of a reservation of development credits or development credits
to submit the required information in writing to the planning director and obtain the necessary permits
on or before the expiration date of each of the above -described intervals. At or after any of the above -
described intervals the planning director may rescind the reservation of development credits or
obtained development credits for failure to comply with the time limitations. Notice of intent to rescind
a reservation for development credits shall be made, in writing, by the planning director, stating
reasons for the rescission. The credit holder may present additional facts, information or data in
support of his position prior to the rendering of a final decision by the planning director, which shall be
made in writing within 30 days of the date of transmission of the planning zoning director's written
notification of reservation of development credit or development credit rescission. Development credits
rescinded pursuant to this paragraph shall be held in reserve by the planning and zoning department
pending the outcome of an appeal pursuant to section 14-162.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-158. - Reserved.
Sec. 14-159. - Southeast Overtown/Park West: Time limits on development credit reservation after
building permit issued.
Development credits will remain in effect as long as the building permit remains in effect in accord with
the Florida Building Code. If construction has commenced, development credits will remain in effect in
perpetuity unless the construction site is abandoned and any constructed improvements are condemned
or demolished; in which case the planning director may rescind the development credits. Notice of intent to
rescind development credits shall be made, in writing, by the planning director, stating reasons for the
rescission. The credit holder may present additional facts, information or data in support of his position prior
to the rendering of a final decision by the planning director, which shall be made in writing within 30 days
of the date of transmission of the planning zoning director's written notification of reservation of development
credit or development credit rescission. Development credits rescinded pursuant to this paragraph shall be
held in reserve by the planning and zoning department pending the outcome of an appeal pursuant to
section 14-162.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-160. - Southeast Overtown/Park West: Reallocation of development credits subsequent to
expiration or rescission of reservation.
(a) If a reservation for development credits expires or is rescinded by the planning director, pursuant to
this article, those development credits shall be reserved on a first come, first served basis for other
new development.
(b) No sooner than six months after a reservation for development credits has expired or been rescinded
pursuant to this article, a new reservation for development credits may be given to the same parcel of
land, following submission of a new application and payment of all applicable fees by the owner,
subject to availability of development credits.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-161. - Southeast Overtown/Park West: Changes in plans subsequent to reservation of
development credits.
Page 20
Any proposed change in plans affecting the use or square footage of any net new development shall
be approved by the planning director. The reservation of development credits and applicable fees shall be
adjusted accordingly; provided, however, that additional development credits shall be reserved only when
available according to the order of priority listed in section 14-160 above.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-162. - Southeast Overtown/Park West: Appeals.
(a)
If a reservation of development credits is rescinded by the planning director pursuant to this article,
the credit holder may appeal said action to the city commission by filing a notice of appeal with the city
clerk, within 30 days from the date of transmission of the planning director's written notification of
reservation of development credit or development credit rescission, and paying a filing fee of $500.00.
The notice of appeal shall contain sufficient documentation for the city commission to make a
determination as to whether the credit holder has complied with the relevant portion of the time
limitations set forth in sections 14-152 and 14-153 herein. A public hearing shall be scheduled for the
next available city commission meeting, not to exceed 60 days from the date of appeal, whereupon
the city commission shall, by resolution, ratify the action of the planning director or shall reinstate all
or part of the reservation of development credits for a time certain not to exceed six months, except
as provided below, subject to appropriate terms and conditions, and subject to compliance with
subsequent intervals of the time limitations set forth in sections 14-157 and 14-159.
(b) If work has been halted by court injunction or governmental action, the city commission may reinstate
all or part of the credits for a time certain not to exceed one year upon a strong evidentiary showing
by the appellant that matters giving rise to the injunction or governmental action have a very high
probability of being resolved within six months of the date of the appellant's city commission public
hearing.
(c) Review of actions of the city commission in reinstating a reservation of development credits, reinstating
a reservation of development credits subject to terms and conditions, reinstating a portion of a
reservation of development credits whether or not subject to terms and conditions, or denying
reinstatement of a reservation of development credits shall be by filing a notice of appeal with the
circuit court in accordance with the procedure and within the time provided by the Florida Rules of
Appellate Procedure for the review of rulings of any commission or board.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-163. - Southeast Overtown/Park West: Notice to Southeast Overtown/Park West Community
Redevelopment Agency.
A courtesy copy of all notices required under sections 14-159 through 14-162 shall be transmitted to
the executive director of the Southeast Overtown/Park West Community Redevelopment Agency.
(Ord. No. 13406, § 3, 9-26-13)
Secs. 14-164-14-180. - Reserved.
DIVISION 3. - DEVELOPMENT REGULATIONS
Sec. 14-181. - Downtown: Environmental regulations.
Page 21
All development shall adhere to all terms and conditions in the development orders and in addition:
(1) During construction, all downtown development with areas of exposed soil over 5,000 square feet
shall have said exposed areas sprayed with water as frequently as necessary to prevent airborne
dust. Other methods of controlling airborne dust may be substituted if approved by DRER. If any
area of exposed soil over 5,000 square feet is intended to be undisturbed by construction for more
than 90 days, such area shall be sodded or seeded and mulched to provide grass cover.
(2) During construction, Section 4611.1 of the South Florida Building Code shall be enforced by
requiring all stormwater runoff to be retained on site, or by placing temporary screens, berms,
and/or riprap around the perimeter of the construction site to filter all stormwater runoff until the
permanent stormwater retention system is operative. Such retention or filtration systems shall be
approved by DRER and the city department of public works.
All stormwater drainage systems shall be approved by DRER pursuant to the South Florida Water
Management District rules; and shall be designed to retain on site at least the first one inch of
runoff from a five-year storm event.
(4) All drainage structures, including wells, shall include pollutant -retardant devices approved by
DRER pursuant to the South Florida Water Management District rules. Such pollutant -retardant
devices shall be maintained in efficient operating condition, including periodic removal of
accumulated contents.
(3)
(5)
Net new development shall reduce pollutants entering groundwater and/or surface waters by
limiting application of pesticides and fertilizers in vegetated stormwater retention areas to once
per year for preventive maintenance and to emergencies, such as uncontrolled insect infestation.
(6) Net new development shall reduce pollutants entering groundwater and/or surface waters by
vacuum sweeping all parking lots of 11 or more vehicle spaces and private roadways serving the
parking lots at least once per week.
(7) All development is subject to Section 24-35.1 of the Dade County Code.
(8) Prior to construction on any site, all invasive exotic plants shall be removed, specifically
melaleuca, casuarina, and Brazilian pepper. Net new development shall use only those species
included in the official list of recommended plant species prepared by the South Florida Regional
Planning Council, as may be amended from time to time; provided, however, that additional
species may be used if written approval is supplied by the executive director of the South Florida
Regional Planning Council. Said official list is on file with the planning, building and zoning
department.
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-182. - Downtown: Transportation control measures.
(a) General requirements. The following requirements shall apply to all downtown development except
renovation of existing structures or land improvements; change of use or intensity of use of an existing
structure or land improvement; when such change generates a net increase of less than 50 peak -hour
vehicle trips over the vehicle trip generation of the previous use or intensity; new structures or additions
to existing structures of less than 10,000 square feet; excavation; demolition; or deposit of fill.
Development not excluded above shall:
(1) Actively encourage all employees within the development to participate in carpools or vanpools
by establishing or participating in an information and referral program, and shall maintain a current
list (updated annually) of all employees interested in participating in a carpool or vanpool. At least
once each calendar year, carpool, vanpool, and ridesharing information packages and
questionnaires shall be obtained from the Florida department of transportation through its regional
commuter assistance program for the South Florida region and distributed to all tenants and
employees.
Page 22
(2) Establish and maintain current local and regional mass transit route and schedule information in
locations throughout the development that are visible and accessible to existing and potential
transit users. Mass transit route and schedule information shall be displayed in a prominent public
area of the building such as the lobby or near pedestrian access points to parking garages or lots.
At no less than six-month intervals, route and schedule information maintained on the premises
shall be verified as to current status and replaced if obsolete.
Encourage mass transit use by the provision of bus shelters, bus turnout lanes, or other physical
improvements intended to improve the safety, comfort, or convenience of transit ridership, where
such transit amenities are needed as determined by the planning, building and zoning director.
(4) Encourage mass transit use through the purchase of transit passes from Miami -Dade County,
and making them available to building tenants and/or employees at a discounted price or at no
charge, or in lieu of employer -subsidized employee parking.
Reduce peak -hour trip generation through scheduling, where practical, staggered work hours for
employees.
(b) Parking requirements. The following parking requirements shall apply to all downtown development
except: renovation of existing structures or land improvements; change in use or intensity of use of an
existing structure or land improvement; when such change generates a net increase of less than 50
peak -hour vehicle trips over the vehicle trip generation of the previous use or intensity; new structures
or additions to existing structures of less than 10,000 square feet; excavation; demolition; or deposit
of fill. Development not excluded above shall comply as follows:
(1) Parking shall be provided by the development in accordance with the applicable provisions of the
city's zoning regulations, but in no case shall parking be provided in excess of the following
amounts:
(3)
(5)
MAXIMUM PARKING SPACES PERMITTED BY TYPE OF USE
Use
Residential
Office/other
elsewhere
Maximum Parking
2 spaces per dwelling unit
Retail 1 space per 300 sq. ft. GFA
Hotel/motel
Restaurant
1 space per 600 sq. ft. GFA in the CBD-1 zoning district and 1 space per 400 sq. ft. GFA
1.5 spaces per room
1 space per 100 sq. ft. GFA
(2) Of the total parking provided, the number of spaces that can be placed on -site may be constrained
by the city due to street capacity and/or air quality requirements.
(3) The minimum number of required parking spaces shall be in accordance with the applicable
provisions of the city's zoning regulations. For office uses only, there shall be no minimum number
Page 23
of spaces required to be on site; all parking may be located off site in a location approved by the
city. If less than the minimum number of required spaces is permitted to be located on site, then:
a. The developer shall execute a permanent agreement to purchase transit passes in lieu of
providing parking spaces, in an amount equal to two transit passes per each required parking
space that is not provided;
b. The developer shall make a one-time payment equal to the current "gap -financing" cost for
each space as established by the city's department of off-street parking and enter into an
agreement with the department of off-street parking to lease the spaces once built; or
c. The developer shall own or lease the off -site spaces elsewhere in a location approved by
the city. "Elsewhere" is defined as being one or a combination of the following locations:
1. A peripheral downtown location near expressway and/or arterial street entrance to
downtown and within a maximum of 600 feet walking distance to a Metrorail or
Metromover station or, if more than 600 feet walking distance from a Metrorail or
Metromover station, connected by a parking shuttle system approved by the city.
2. Any outlying location within a maximum of 1,200 feet walking distance to a Metrorail
station or a designated Metrobus park/ride facility approved by the city.
(c) Air quality requirements. The following air quality requirements shall apply to all downtown
development except: renovation of existing structures or land improvements; change in use or intensity
of use of an existing structure or land improvement when such change generates a net increase of
less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous use or intensity;
new structures or additions to existing structures of less than 10,000 square feet; excavation;
demolition; or deposit of fill. Development not excluded above shall comply as follows:
Air quality modeling for carbon monoxide (CO) concentrations may be required by the city at any
intersection projected to operate at level of service (LOS) E or F. If required, the CO modeling shall be
conducted according to DRER standards and submitted in a report that includes an assessment of
transportation control measures required to maintain CO concentrations below 80 percent of the State
of Florida's eight -hour standard of ten micrograms per cubic meter, during the year following
occupancy of the development. The development shall be responsible for its fair share of any
transportation improvement deemed by the city to be necessary to protect against future violations of
the CO standard.
(d) Large scale development requirements. In addition to the requirements of paragraphs (a) through (c)
above, any downtown development that requires a major use special permit pursuant to the provisions
of the city's zoning regulations shall comply with these additional requirements:
(1) Submit a transportation control measures (TCM) plan as a part of the application for a major use
special permit. Such TCM plan shall outline and describe the transportation control measures
proposed to be undertaken by the development in order to achieve a reduction of at least ten
percent in peak hour vehicle trips. The plan shall describe a reporting procedure that will measure
actual performance against the TCM plan's objectives.
(2) Each year following issuance of a certificate of occupancy, the development shall submit an
annual report describing actual performance against the TCM plan objectives, an evaluation of
such performance, and recommendations for modification to the TCM plan, if any.
(e) Special provisions.
(1) For special uses possessing unique characteristics that affect parking requirements, such as
convention center, sports arena, stadium, auditorium, museum, theater, major league ballpark,
and the like, parking requirements shall be calculated for each such use based on its special
characteristics, hours and days of peak operation, location with respect to Metrorail, Metromover,
and Metrobus services, peripheral and other existing parking, and similar unique characteristics
that affect the quantity and location of necessary parking.
Page 24
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-183. - Southeast Overtown/Park West: Environmental regulations.
All development shall adhere to all terms and conditions in the development orders and in addition:
(1) During construction, all Southeast Overtown/Park West development with areas of exposed soil
over 5,000 square feet shall have said exposed areas sprayed with water as frequently as
necessary to prevent airborne dust. Other methods of controlling airborne dust may be substituted
if approved by DRER. If any area of exposed soil over 5,000 square feet is intended to be
undisturbed by construction for more than 90 days, such area shall be sodded or seeded and
mulched to provide grass cover.
(2) During construction, Section 3307.1 of the Florida Building Code shall be enforced by requiring
all stormwater runoff to be retained on site, or by placing temporary screens, berms, or riprap
around the perimeter of the construction site to filter all stormwater runoff until the permanent
stormwater retention system is operative. Such retention or filtration systems shall be approved
by DERM and the city department of public works.
All stormwater drainage systems shall be approved by DRER pursuant to Miami -Dade County
and the South Florida Water Management District rules; and shall be designed to retain on site
at least the first one inch of runoff from a five-year storm event.
(4) All drainage structures, including wells, shall include pollutant -retardant devices approved by
DRER pursuant to Chapter 24, Miami -Dade County and the applicable South Florida Water
Management District rules. Such pollutant -retardant devices shall be maintained in efficient
operating condition, including periodic removal of accumulated contents.
Net new development shall reduce pollutants entering groundwater or surface waters by limiting
application of pesticides and fertilizers in vegetated stormwater retention areas to once per year
for preventive maintenance and to emergencies, such as uncontrolled insect infestation.
(6) Net new development shall reduce pollutants entering groundwater or surface waters by vacuum
sweeping all parking lots of 11 or more vehicle spaces and private roadways serving the parking
lots at least once per week.
(7) All development is subject to Section 24-18 of the Miami -Dade County Code.
(8) Prior to construction on any site, all invasive exotic plants shall be removed, specifically
melaleuca, casuarina, and Brazilian pepper. Net new development shall use only those species
included in the official list of recommended plant species prepared by DRER, as may be amended
from time to time; provided, however, that additional species may be used if written approval is
supplied by DRER. Said official list is on file with the planning, building and zoning departments.
All fill material utilized for excavation activities or from offsite sources shall meet the clean soils
criteria of the Florida Department of Environmental Protection (FDEP), and DRER, as applicable.
(2) Parking as a principal permitted use may be permitted in such quantities and locations as
determined by the city to be necessary to satisfy a measurable deficiency between the need for,
and supply of, parking spaces that cannot be reduced through rigorous application and
enforcement of the transportation control measures contained herein.
(3)
(5)
(9)
(Ord. No. 13406, § 3, 9-26-13)
Sec. 14-184. - Southeast Overtown/Park West: Transportation control measures.
(a) General requirements. The following requirements shall apply to all Southeast Overtown/Park West
development except renovation of existing structures or land improvements; change of use or intensity
Page 25
of use of an existing structure or land improvement; when such change generates a net increase of
less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous use or intensity;
new structures or additions to existing structures of less than 10,000 square feet; excavation;
demolition; or deposit of fill. Development not excluded above shall:
(1) Actively encourage all employees within the development to participate in carpools, vanpools,
bicycle sharing, car sharing and the use of hybrid vehicles by establishing or participating in an
information and referral program, installing electric vehicle charging stations within the
development's parking facilities, and maintain a current list (updated annually) of all employees
interested in participating in such programs. At least once each calendar year, ridesharing
information packages and questionnaires shall be obtained from the Florida department of
transportation through its regional commuter assistance program for the South Florida region and
distributed to all tenants and employees.
(2) Establish and maintain current local and regional mass transit route and schedule information as
well wayfinding signage for access to bicycle lanes and greenways in locations throughout the
development that are visible and accessible to existing and potential transit users. Mass transit
route and schedule information shall be displayed in a prominent public area of the building such
as the lobby or near pedestrian access points to parking garages or lots. At no less than six-
month intervals, route and schedule information maintained on the premises shall be verified as
to current status and replaced if obsolete.
Provide site plan amenities such as improved pedestrian access to transit stops, and short term
bicycle parking near building entrance and long term bicycle storage facilities. Encourage mass
transit use by the provision of bus shelters, bus turnout lanes, or other physical improvements
intended to improve the safety, comfort, or convenience of transit ridership, where such transit
amenities are needed as determined by the planning, building and zoning director.
(4) Encourage mass transit use through the purchase of transit passes from Miami -Dade County,
and making them available to building tenants or employees at a discounted price or at no charge,
or in lieu of employer -subsidized employee parking.
Reduce peak -hour trip generation through scheduling, where practical, staggered work hours for
employees, flexible work hours, and telecommuting programs.
(6) Provide public access to planned and existing greenways adjacent to property, and provide
wayfinding to reach the greenway from the street.
(b) Parking requirements. The following parking requirements shall apply to all Southeast Overtown/Park
West development except: renovation of existing structures or land improvements; change in use or
intensity of use of an existing structure or land improvement; when such change generates a net
increase of less than 50 peak -hour vehicle trips over the vehicle trip generation of the previous use or
intensity; new structures or additions to existing structures of less than 10,000 square feet; excavation;
demolition; or deposit of fill. Development not excluded above shall comply as follows:
(1) Parking shall be provided by the development in accordance with the applicable provisions of the
city's zoning regulations, but in no case shall parking be provided in excess of the following
amounts:
(3)
(5)
MAXIMUM PARKING SPACES PERMITTED BY TYPE OF USE
Use Maximum Parking
Residential 1.5 spaces per dwelling unit
Page 26
Retail
1 space per 600 sq. ft. GFA
Hotel/motel
1.5 spaces per room
Restaurant
1 space per 600 sq. ft. GFA
Office/other
1 space per 900 sq. ft. GFA east of the FEC
1 space per 600 sq. ft. GFA west of the FEC
(2) Of the total parking provided, the number of spaces that can be placed on -site may be constrained
by the city due to street capacity or air quality requirements.
The minimum number of required parking spaces shall be in accordance with the applicable
provisions of the city's zoning regulations. For office uses only, there shall be no minimum number
of spaces required to be on site; all parking may be located off site in a location approved by the
city. If less than the minimum number of required spaces is permitted to be located on site, then:
a. The developer shall execute a permanent agreement to purchase transit passes in lieu of
providing parking spaces, in an amount equal to two transit passes per each required parking
space that is not provided;
b. The developer shall make a one-time payment equal to the current "gap -financing" cost for
each space as established by the city's department of off-street parking and enter into an
agreement with the department of off-street parking to lease the spaces once built; or
c. The developer shall own or lease the off -site spaces elsewhere in a location approved by
the city. "Elsewhere" is defined as being one or a combination of the following locations:
1. A peripheral downtown location near expressway or arterial street entrance to
downtown and within a maximum of 600 feet walking distance to a Metrorail or
Metromover station or, if more than 600 feet walking distance from a Metrorail or
Metromover station, connected by a parking shuttle system approved by the city.
2. Any outlying location within a maximum of 1,200 feet walking distance to a Metrorail
station or a designated Metrobus park/ride facility approved by the city.
(c) Air quality requirements. The following air quality requirements shall apply to all Southeast
Overtown/Park West development except: renovation of existing structures or land improvements;
change in use or intensity of use of an existing structure or land improvement when such change
generates a net increase of less than 50 peak -hour vehicle trips over the vehicle trip generation of the
previous use or intensity; new structures or additions to existing structures of less than 10,000 square
feet; excavation; demolition; or deposit of fill. Development not excluded above shall comply as follows:
Air quality modeling for carbon monoxide (CO) concentrations may be required by the city at any
intersection projected to operate at level of service (LOS) E or F. If required, the CO modeling shall be
conducted according to DRER standards and submitted in a report that includes an assessment of
transportation control measures required to maintain CO concentrations below 80 percent of the State
of Florida's eight -hour standard of ten micrograms per cubic meter, during the year following
occupancy of the development. The development shall be responsible for its fair share of any
transportation improvement deemed by the city to be necessary to protect against future violations of
the CO standard.
(3)
Page 27
(d) Large scale development requirements. In addition to the requirements of paragraphs (a) through (c)
above, any development that requires a major use special permit pursuant to the provisions of the
city's zoning regulations shall comply with these additional requirements:
(1) Submit a transportation control measures (TCM) plan as a part of the application for a major use
special permit. Such TCM plan shall outline and describe the transportation control measures
proposed to be undertaken by the development in order to achieve a reduction of at least ten
percent in peak hour vehicle trips. The plan shall describe a reporting procedure that will measure
actual performance against the TCM plan's objectives.
(2) Each year following issuance of a certificate of occupancy, the development shall submit an
annual report describing actual performance against the TCM plan objectives, an evaluation of
such performance, and recommendations for modification to the TCM plan, if any.
(e) Special provisions.
(1) For special uses possessing unique characteristics that affect parking requirements, such as
convention center, sports arena, stadium, auditorium, museum, theater, major league ballpark,
and the like, parking requirements shall be calculated for each such use based on its special
characteristics, hours and days of peak operation, location with respect to Metrorail, Metromover,
and Metrobus services, peripheral and other existing parking, and similar unique characteristics
that affect the quantity and location of necessary parking.
(2) Parking as a principal permitted use may be permitted in such quantities and locations as
determined by the city to be necessary to satisfy a measurable deficiency between the need for,
and supply of, parking spaces that cannot be reduced through rigorous application and
enforcement of the transportation control measures contained herein.
(Ord. No. 13406, § 3, 9-26-13)
Secs. 14-185-14-210. - Reserved.
DIVISION 4. - ENFORCEMENT
Sec. 14-211. - Penalty; procedures.
A violation of this article shall be prosecuted in the same manner as misdemeanors are prosecuted
and upon conviction the violator shall be punishable according to law; however, in addition to, or in lieu of
any criminal prosecution, the city shall have the power to sue in civil court and to enforce the provisions of
this article before its code enforcement board. Further, the planning, building and zoning director, zoning
administrator or building official are hereby empowered to temporarily revoke any building permit or
certificate of occupancy for development evidencing violation of this article pending a rescission
determination by the planning, building and zoning director.
(Ord. No. 13406, § 3, 9-26-13)
Secs. 14-212-14-250. - Reserved.
ARTICLE V. - RESERVEDU
Footnotes:
Page 28
--- (3) ---
Editor's note— Ord. No. 13252, § 1, adopted February 10, 2011, repealed the former article V, divisions
1-4 in its entirety, which pertained to the Southeast Overtown/Park West Redevelopment District and
Community Redevelopment Agency and derived from the Code of 1980, §§ 52.5-1-52.5-4, 52.5-21-
52.5-28; Ord. No. 11248, §§ 1-12, adopted April 27, 1995; Ord. No. 11561, § 2, adopted October 28,
1997; Ord. No. 11736, § 2, adopted December 8, 1998; Ord. No. 12247, § 3, adopted June 27, 2002, and
Ord. No. 12623, § 8, adopted December 9, 2004.
Secs. 14-251-14-311. - Reserved.
Page 29