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HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM Second Reading File ID: #11260 Date: 12/21/2021 Commission Meeting Date: 04/28/2022 Type: Ordinance Subject: Amend Code - Chapter 13 - Establish Method for Refund Budget Impact Analysis Item is NOT funded by Bonds Legislative Division Shaidah Dorvil Office of the City Attorney Shaidah Dorvil Office of the City Attorney Victoria Mendez City Commission Todd B. Hannon Office of Zoning Daniel Goldberg Office of Management and Budget Fred Pericles Office of Management and Budget Marie Gouin City Manager's Office Nzeribe Ihekwaba City Manager's Office Arthur Noriega V Legislative Division Valentin J Alvarez Office of the City Attorney Jihan Soliman Office of the City Attorney Barnaby L. Min Office of the City Attorney Victoria Mendez City Commission Todd B. Hannon Legislative Division Valentin J Alvarez Office of the City Attorney Jihan Soliman Office of the City Attorney Victoria Mendez City Commission Maricarmen Lopez Office of the Mayor Mayor's Office Office of the City Clerk City Clerk's Office Office of the City Clerk City Clerk's Office Requesting Department: Office of Zoning Sponsored By: District Impacted: All Reviewed B Legislative Division Review Deputy City Attorney Review Approved Form and Correctness Meeting Department Head Review Budget Analyst Review Budget Review Assistant City Manager Review City Manager Review Legislative Division Review ACA Review Deputy Attorney Review Approved Form and Correctness Meeting Legislative Division Review ACA Review Approved Form and Correctness Meeting Unsigned by the Mayor Signed and Attested by the City Rendered Skipped Skipped Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Clerk Completed Completed 01/04/2022 3:36 PM 01/04/2022 3:36 PM 04/19/2022 8:52 PM 01/13/2022 9:00 AM 03/07/2022 2:42 PM 03/08/2022 10:06 AM 03/08/2022 10:15 AM 03/10/2022 10:21 AM 03/10/2022 11:33 AM 03/10/2022 2:51 PM 03/10/2022 6:51 PM 03/14/2022 8:12 AM 03/15/2022 9:49 AM 03/24/2022 9:00 AM 04/19/2022 9:00 AM 04/19/2022 8:44 PM 04/19/2022 8:45 PM 04/28/2022 9:00 AM 05/06/2022 3:08 PM 05/06/2022 3:14 PM 05/09/2022 4:45 PM City of Miami File ID: 11260 (Revision: A) Printed On: 6/12/2025 City of Miami Legislation Ordinance Enactment Number:14061 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11260 Final Action Date: 4/28/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I, TITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES/IN GENERAL," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), SPECIFICALLY BY AMENDING SECTION 13-16(D), TITLED "PETITIONS FOR REFUND OF IMPACT FEES," TO PROVIDE FOR REFUNDS UNDER LIMITED CIRCUMSTANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") is experiencing increased growth and development which generates demands for additional public facility capacity and capital equipment to accommodate this additional demand; and WHEREAS, impact fees are one mechanism the City may use to help shift the cost of providing additional capital facility capacity and capital equipment needed to accommodate the demands generated by new development; and WHEREAS, the City Commission has determined that it is advisable and in the public interest to establish a refund policy for impact fees under the circumstances provided herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 13, Article I of the City Code entitled "Development Impact and other Related Fees," is amended in the following particulars:1 "CHAPTER 13 DEVELOPMENT IMPACT AND OTHER RELATED FEES ARTICLE I. IN GENERAL Sec. 13-16. Administrative procedures for petitions for impact fee determinations and affordable housing and workflow housing deferrals, refunds and credits. 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami File ID: 11260 (Revision: A) Printed On: 6/12/2025 (d) Petitions for refund of impact fees. (1) The current owner of property on which an impact fee has been paid may apply for a refund of such fee if the city has failed to appropriate or spend the collected fees by the end of the calendar quarter immediately following six years of the date of payment of the impact fee, if the building permit for which the impact fee has been paid has lapsed for noncommencement of construction, if the project for which a building permit has been issued has been altered resulting in a decrease in the amount of the impact fee due, or if the project has been approved for the affordable housing and workforce housing deferral program. (2) Only the current owner of property may petition for a refund. A petition for refund must be filed within 90 days of any of the above -specified events giving rise to the right to claim a refund. Failure to timely file a petition for refund shall waive any right to an impact fee refund. (3) The petition for refund shall be submitted to the City Manager's designee on a form provided by the city for such purpose. The petition shall contain a notarized affidavit that petitioner is the current owner of the property, a certified copy of the latest tax records of Miami -Dade County showing the owner of the subject property, a copy of the dated receipt for payment of the impact fee issued by the City's building department and a statement of the basis upon which the refund is sought. (4) If a building permit applicant has paid impact fees and withdraws the building permit application, then the actual payor may petition for a refund within ninety (90) days of the withdrawal of the building permit application that caused the impact fee to be due, if and only if the building permit has not been approved and issued. Failure to timely file a petition for refund shall waive any right to an impact fee refund. The petition for refund shall be submitted to the City Manager's designee on a form provided by the City for such purpose. The petition shall contain (i) a notarized affidavit that the petitioner is the actual and only payor of the impact fees for the withdrawn building permit application; (ii) a copy of the dated receipt for payment of the impact fee issued by the City's Building Department; and (iii) a statement of the basis upon which the refund is sought. The City Manager's designee shall have authority to request additional documents necessary to confirm the petitioner is the actual and only payor of the impact fees subject to refund and confirm that no impact requiring impact fees has occurred. (45) Any money refunded pursuant to this subsection shall be returned with interest at a rate of three percent per annum. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 11260 (Revision: A) Printed On: 6/12/2025 APPROVED AS TO FORM AND CORRECTNESS: ndez, _ndez, City Attor 4/19/2022 4/19/2022 ndez, ity Attor City of Miami File ID: 11260 (Revision: A) Printed On: 6/12/2025