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Home My WebLink AboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #17970 Ordinance Sponsored by: Ralph Rosado, Commissioner, Christine King, Commissioner AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING SECTION 62-2.2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "INDEPENDENT FEASIBILITY AND ECONOMIC IMPACT STUDIES"; PROVIDING FOR THE TREATMENT OF PENDING APPLICATIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. City of Miami File ID: 17970 (Revision: A) Printed On: 10/21/2025 City of Miami Legislation Ordinance Enactment Number: 14396 File Number: 17970 Final Action Date: 9/25/2025 AN ORDINANCE OF THE MIAMI CITY COMMISSION REPEALING SECTION 62-2.2 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "INDEPENDENT FEASIBILITY AND ECONOMIC IMPACT STUDIES"; PROVIDING FOR THE TREATMENT OF PENDING APPLICATIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, on October 8, 2020, the City Commission adopted Ordinance No. 13928, amending Chapter 62, Article I of the Code of the City of Miami, Florida, as amended ("City Code") to add Section 62-2.2, titled "Independent Feasibility and Economic Impact Studies," which requires applicants to conduct Independent Feasibility and Economic Impact Studies for certain new developments as a part of the City of Miami's entitlement process; and WHEREAS, pursuant to Section 62-2.2 of the City Code, these studies are generally required for applications that exceed 200,000 square feet of gross floor area and require a development order or permit not conferred By -Right, with the Independent Feasibility Study being limited to projects on City -owned property; and WHEREAS, on July 23, 2024, the City finalized a qualified pool of consultants to perform the Independent Feasibility and Economic Impact Studies, pursuant to Section 62-2.2 of the City Code and the direction of the City Commission; and WHEREAS, to date, City staff has identified numerous entitlement applications that trigger a study pursuant to Section 62-2.2 of the City Code; and WHEREAS, on July 24, 2025, the City Commission adopted Ordinance No. 14390, placing a moratorium on the enforcement of Section 62-2.2 of the City Code; and WHEREAS, subsequently, the City desires to repeal the requirement to conduct the studies as it creates an unnecessary barrier to redevelopment due to timing constraints and the cost associated with such analysis; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 3, 2025, following an advertised public hearing, adopted Resolution No. PZAB-R- 050, by a vote of seven to zero (7 - 0), Item No. PZAB.8, recommending approval of this ordinance; and WHEREAS, the City finds it in the best interest of the general welfare of the City and its residents to repeal the requirements of Section 62-2.2 of the City Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 fully set forth in this Section. City of Miami File ID: 17970 (Revision: A) Printed On: 10/21/2025 Section 2. Chapter 62 of the City Code is hereby amended by repealing Sections 62-2.2 in its entirety and in the following particulars: 1 "CHAPTER 62 PLANNING AND ZONING ARTICLE I. IN GENERAL Sec. 62-2.2.Independent feasibility and economic impact studies. Reserved. The city requires independent feasibility studies and economic impact studies performed indicated in this section. , r dev pments-that exceed-22-00 0-sare-feet of --gross fl�ar- a a TeqH a development order or permit not conferred by right (including but not limited to waivers, warra4s, exceptions, variances, special area plans, special certificates of appropriateness/approval), the city requires the applicant to provide an independent economic platform approved by the city; total value added, including personal wages and/or jobs, busincss displace activity from existing businesses. If the analysis comes back unsatisfactory, the city's administration shall work with thc applicant on the addressing the i"sues and, if not resolved, the city's administration shall refer the matter to the city commission to be heard for direction within 60 days of referral, which may result in a denial or modification of the development permit waived for governmental entities and agencies. For developments that exceedZ n 000 sg, „re fee oss f oor aarea a oon city appropriatcnc-e/approval), thc city requires an independent feasibility study to understand the value to the city of developing the site, including both positive and negative impacts as described herein. Such feasibility study shall be performed by an independent provider pursuant to this section of the City Code and in accordance with applicable laws and regulations. The feasibility study shall include, at a minimum, an evaluation of the highest and best use of the property, the expected pricing or rents, absorption pace if developed over the next 36 months, costs must be submitted by the developer. Compliance with this section is required before any development order or permit, as described herein, is issued. If the study comes back unsatisfactory, the city's administration shall work with the applicant on the addre"sing the 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: 17970 (Revision: A) Printed On: 10/21/2025 issues and, if not resolved, the city's administration shall refer the matter to the city commission to be heard for direction within 60 days of referral, which may result in a denial or modification of the development permit or order, as described herein. The feasibility study requirement may be waived by a four fifths vote of the city commission. rotating basis. development. Prior to commencing a study, the applicant shall pay to the city an amount equal to 100 percent of the estimated expenses for the services of the provider set to perform the estimated expenscs prior to the issuance of the final report and the issuance of any development permit or order. No development permit or order shall be issued on the has cleared." Section 3. After this repeal, the City shall not enforce the Economic Impact and Feasibility Studies requirement(s) of Section 62-2.2 of the City Code on any new entitlement or building applications nor any pending entitlement or building applications that have not already started the process; this repeal of Section 62-2.2 of the City Code shall apply, as applicable, to all applications pending at the time of the effective date of the repeal if such study(ies) have not yet been performed. Section 4. 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 5. This Ordinance shall become effective ten (10) days after the adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: rge . Wy j ng III, C y ttor ~y 9/16/2025 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: 17970 (Revision: A) Printed On: 10/21/2025