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HomeMy WebLinkAboutDraft Ordinance..Title AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 13, ARTICLE I, ENTITLED "DEVELOPMENT IMPACT AND OTHER RELATED FEES," OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE") BY ADDING A TRANSIT IMPACT FEE; PROVIDING FOR APPLICABILITY OF THE TRANSIT IMPACT FEES TO ALL NEW RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT EXCEPT FOR DEMINIMIS DEVELOPMENT AND GOVERNMENTAL USES; PROVIDING FOR IMPOSITION OF NEW IMPACT FEE SCHEDULES TO BUILDING PERMITS SUBMITTED AFTER A SPECIFIED DATE; ESTABLISHING NEW IMPACT FEE BENEFIT DISTRICTS AND SUBDISTRICTS; ESTABLISHING A NEW IMPACT FEE SCHEDULE FOR THE TRANSIT IMPACT FEE; AND CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ..Body 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 existing impact fees imposed within the City do not address mass transit, and there is a vital need to update the impact fees to address increased costs of providing public facilities, increased demand for additional public facility capacity and changing public facility needs as it pertains to mass transit to meet the City's anticipated needs for transportation; and WHEREAS, the City Commission has noticed, advertised, scheduled and held a public hearing in compliance with Florida Statutes on this proposed ordinance; and WHEREAS, the City Commission has considered the information and recommendations presented in [INSERT STUDY HERE BY CONSULTANT GROUP], dated [INSERT DATE OF STUDY], and comments from the public and other interested parties; and WHEREAS, the City Commission has determined that the proposed amendments to Chapter 13, Article I, of the City Code preserve and enhance the rational nexus between the demand for public facilities generated by new development and the impact fees imposed on new development; and WHEREAS, the City Commission has determined that it is advisable and in the public interest to adopt and implement the proposed amendments to Chapter 13, Article I, of the City Code; 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: CHAPTER 13 DEVELOPMENT IMPACT AND OTHER RELATED FEES ARTICLE I. IN GENERAL Sec. 13-2. - Findings.. (a) The city commission (hereinafter "commission") hereby finds and declares that: (1) New development generates increased demands upon city public facilities and services and requires additional facilities, facility capacity, and capital equipment in order to accommodate those demands. (2) The potential for development of properties is a direct result of city policy as expressed in the city comprehensive plan and as implemented via the city zoning ordinance and map. (3) New development should bear its share of the costs of providing public facilities, facility capacity, and capital equipment needed to accommodate the demand generated by new development. (4) The amount of the "impact fee" to be imposed shall be based upon the average amount of public facility capacity demand attributable to new development and the average cost of additional capital facilities, capital improvements, and capital equipment needed to provide additional capacity. (5) The impact fees established in this article, except for the transit impact fee, applicable to development submitting building permit applications accepted as complete by the city on or after January 15, 2006 are based on the methodology and data presented in "Growth -Related Capital Improvements & Impact Fees" by TischlerBise, Fiscal, Economic & Planning Consultants, dated September 16, 2005 (hereinafter "impact fee report - 2005"). The city commission hereby adopts and incorporates by reference the impact fee report - 2005. A copy of the impact fee report - 2005 was submitted as part of the record of the public hearings on the ordinance, and a copy of the impact fee report 2005 shall be maintained on file in the office of the city clerk. The transit impact fee established in this article applicable to development submitting building permit applications accepted as complete by the city on or after [INSERT DATE POST -ADOPTION OF ORDINANCE] are based on the methodology and data presented in "[INSERT STUDY HERE BY CONSULTANT GROUP]", dated [INSERT DATE OF STUDY], (hereinafter "transit impact fee report — 2015") The city commission hereby adopts and incorporates by reference the transit impact fee report - 2015. A copy of the transit impact fee report - 2015 was submitted as part of the record of the public hearings on the ordinance, and a copy of the impact fee report - 2015 shall be maintained on file in the office of the city clerk. (b) The city commission hereby finds and declares that the impact fees imposed herein upon new development as further described below, in order to finance public facilities and capital equipment needed to accommodate the demand created by new development are in the best interest of the city and its residents, are equitable, and do not impose an unfair burden on such development. The city commission hereby finds and declares that all new development, as defined herein, within the city generates an increased demand for system improvements for police, fire -rescue, and --general services, and mass transit facilities and that all new residential development within the city also generates an increased demand for parks and recreation facilities. The city commission hereby finds and declares that the system improvements to be funded by the impact fees imposed herein will provide benefit to all new development in the city. (c) The city commission hereby finds and declares that there is a long-term need to encourage the provision and retention of owner -occupied and rental affordable housing throughout the city. To encourage such development, the city commission hereby finds and determines that an impact fee deferral program for affordable and workforce housing within the city fulfills a public purpose and will help advance the provision of owner -occupied and rental affordable housing. The city commission declares its intent that the affordable and workforce housing deferral program not significantly delay the provision of public facilities funded in whole or in part by impact fees. Sec. 13-5. - Definitions. As used in this article, the following words and terms shall have the following meanings, unless another meaning is plainly intended: Affordable housing shall mean, solely for purposes of this article, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards as determined by the department of community development in relation to the affordable housing impact fee deferral program provided for in this article. Applicant shall mean the property owner, or duly designated agent of the property owner, of land on which an application for a building permit is submitted and impact fees are due pursuant to this article, or shall mean the property owner or duly designated agent of the property owner of land identified in a credit agreement pursuant to subsection 13-16(e) where such property owner or agent is responsible for the provision of system improvement(s). Appropriation shall mean, for purposes of this article, funds identified in the capital budget related to a system improvement. Building permit shall mean the permit required for new construction and additions pursuant to this Code. The term "building permit," as used herein, shall not be deemed to include permits required for demolition of an existing structure. For purposes of this article, a building permit application shall be considered complete and accepted by the city as of the date and time of original submittal if complete building plans have been filed as prescribed by the city's zoning ordinance, as amended, and as specified in a November 30, 2005 Memorandum regarding Building Permit Application from Jose L. Ferras, City Building Official, to the Director of the City Building Department. Capital budget shall mean the city's current fiscal year capital budget which is the first year of the six- year capital improvements program and which identifies capital projects that are proposed to be initiated in that fiscal year or to receive any changes in funding in that fiscal year. Capital improvement program (CIP) shall mean the city's current six-year program of proposed capital improvements which identifies all capital projects that are proposed to be initiated during the six-year period. Capital improvement projects shall mean all projects for which funds are appropriated in the CIP. Capital improvement projects, including, but not limited to, capital equipment, land, facilities and site improvements, that are funded in whole or in part with impact fee funds must cost at least $13,000.00 and have a useful life of at least five years. Central business district means properties having the zoning classification of "CBD" (Central business district) as of November 19, 2002. City shall mean the City of Miami, Florida. Commission shall mean the city commission of Miami, Florida. Comprehensive plan shall mean the city's plan for future development adopted by city ordinance number 10544, and as may be amended and updated from time to time, and any successor comprehensive plan. Development shall have the meaning given it in F.S. § 380.04, subject to exclusions contained herein. Dwelling unit shall mean one or more interconnected rooms with a single kitchen facility and sanitary facilities provided for the exclusive use of a single household. The term dwelling unit as used in this article shall be deemed to include mobile home and manufactured home dwellings. Fire -rescue system improvement means system improvements that add capacity to the city's fire and rescue system, including facilities, fire suppression vehicles and equipment, and emergency medical services vehicles and equipment. General Services System Improvement means system improvements that add capacity to the city's administrative office space capital equipment and vehicle fleets for the following departments: Building, code enforcement, NET, economic development, city attorney, CIP, GSA, information technology, parks, public works and solid waste. Governmental uses shall mean buildings or facilities owned and operated by the United States of America or any agency thereof, a sovereign state or nation, the state or any agency thereof, a county, a special district, a school district, a municipal corporation, or a charter school organized and approved as a public school under F.S. § 228.056. Gross floor area (GFA) shall mean the total square footage of a building measured in feet from the exterior faces of exterior walls or other exterior boundaries of the building, excluding parking areas within the interior of the building. If a site contains multiple buildings, the gross floor area shall be computed separately for each building. The definition of gross floor area in the ITE Trip Generation Manual shall be used to resolve any questions regarding calculation of gross floor area. High rise residential development shall mean development of residential buildings with ten or more dwelling units per building. Impact fee shall mean a fee imposed at building permit issuance and calculated based upon a new development's proportionate share of the average cost of new development. Impact fee coefficient shall mean the charge per square foot of development applicable to development for which a building permit application is submitted to and accepted as complete by the city prior to 5:00 p.m, on January 15, 2006 and imposed pursuant to section 13-7 and sections 13-22 through 13-27. ITE Trip Generation Manual shall mean and refer to the report entitled "Trip Generation" (Seventh Edition, 2003) of the Institute of Transportation Engineers, and any official updates thereto, as approved and accepted by the city. Low rise residential development shall mean development of residential buildings with two to nine dwelling units per building. New development shall mean the carrying out of any building activity or the making of any material change in the use of a structure or land that requires the issuance of a building permit and which generates demand for capital facilities and equipment over and above the previously existing documented use of the structure or land, but excluding governmental uses and deminimis development under section 13-6. Nonresidential development shall mean all new development other than residential development and governmental uses, as herein defined, and including, but not limited to, industrial, manufacturing, warehousing, mini -warehousing, lodging, schools and daycare, hospital, nursing home, general office, medical -dental office, business park, and commercial uses, and which includes those uses specified in the ITE Trip Generation Manual under Land Use Code Series 100, 300, 400, 500, 600, 700, 800 and 900. Owner -occupied units means dwelling units for individual sale by a developer and intended for occupancy by an owner, as opposed to rental residential development. Parks and recreation system improvement means land, capital improvements, capital facilities, and capital equipment that add capacity to the city-wide park system, waterfront park system or public pools/gymnasiums, including but not limited to improvements to city-wide parks that will enhance and/or expand park use to all residents, site improvements that encourage self-directed use of passive parks, and recreation based improvements that enhance community parks and allow expansion of programming led by the parks department. Capital improvements can include, but are not limited to, new playground equipment; ball fields for league play; swimming pools and buildings used for recreation programs; site furnishings such as benches, picnic tables, and shade structures; and program equipment such as computers, water sport equipment, soccer goals, and fitness equipment. City-wide parks include those parks that have capital improvements that draw patrons from the entire geographic area of the city, including but not Limited to, ball fields used for league play, swimming pools, and buildings used for recreation programs. Waterfront parks are city-wide parks, generally passive recreation areas, which provide public access to the bay, the Miami River and other bodies of water, including linear improvements or trails that connect waterfront parks. Police system improvement means land, capital improvements, capital facilities, and capital equipment that add capacity to the city's police system. Rental residential development shall mean dwelling units intended for long-term rental occupancy, as opposed to short-term rentals such as hotel/motel development. Single-family residential development shall mean development of detached buildings with one dwelling unit per building intended for occupancy by a single household. System improvements shall mean capital improvement projects in the CIP, with a cost of at least $13,000.00 and a useful life of at least five years, that provide additional capacity serving multiple development projects, multiple neighborhoods or the entire city. System improvements may include, but are not limited to, land, facilities, site improvements, furnishings, park program equipment, capital equipment, and vehicles. System improvements shall not include property dedications, capital facilities or capital equipment needed solely to serve a specific development. System improvements shall not include replacement, rehabilitation, operations or maintenance of land, facilities or equipment. System improvement cost shall mean amounts spent or appropriated in connection with the planning, financing, acquisition, construction and development of a system improvement including, without Limitation, the costs of land acquisition and development, surveying, site testing, construction, design, engineering, construction management and inspection, permitting, legal services, financial services and administrative costs. Ancillary improvements directly related to a system improvement, including but not limited to, parking, drainage improvements, landscaping, and capital equipment and furnishings shall be considered part of the cost of the system improvement. System improvement costs shall not include costs related to operations, maintenance, rehabilitation or replacement of capital facilities or equipment. Site shall mean a legally described property capable of development pursuant to applicable city ordinances and regulations. Transit system improvement means land, capital improvements, capital facilities, and capital equipment within the City that adds capacity within the City to a mass transit system that operates some portion thereof within the City. Workforce housing shall mean, solely for purposes of this Article, owner -occupied and/or rental housing with a purchase cost, value, or monthly rental, as applicable, equal to or less than the amounts established by the applicable standards for those individuals whose income is between 80% to 140% of area median income as determined by the Department of Community and Economic Development in relation to the affordable housing and workforce housing impact fee deferral program provided for in this Article. Sec. 13-7. - Imposition of impact fees and establishment of impact fee benefit districts. (a) Except as set forth in sections 13-6 and 13-8, no building permit shall be issued for a new development as herein defined unless the applicant therefor has paid the impact fees imposed by and calculated pursuant to this article. Building permit applications submitted to and accepted as complete by the city prior to 5:00 p.m. on January 15, 2006, shall pay the impact fees calculated by the zoning department pursuant to sections 13-245-13-2-78. Building permit applications submitted to and accepted as complete by the city after 5:00 p.m. on January 15, 2006, shall pay the impact fees, with the exception of the transit impact fee, calculated by the zoning department pursuant to sections 13-7 through 13- 1-23. Should a valid building permit issued by the city for an application submitted prior to 5:00 p.m. on January 15, 2006, expire after that time, the impact fees, with the exception of the transit impact fee, set forth in sections 13-7-13-1-23 shall apply to the subsequent issuance of any building permit for that development. ll Except as set forth in sections 13-6 and 13-8, no building permit shall be issued for a new development as herein defined unless the applicant therefor has paid the transit impact fee imposed by and calculated pursuant to this article in addition to any applicable fees in subsection (a). Building permit applications submitted to and accepted as complete by the city after 5:00 p.m. on [INSERT DATE POST- ADOPTION OF ORDINANCEI, shall pay the transit impact fee, set forth in section 13-13. Muc Impact fees shall be calculated by the zoning department based on the development included in the building permit application using: (1) The land use category or categories applicable to the development, (2) The number of dwelling units for residential, the gross square footage for nonresidential, or the specific units of development for certain types of nonresidential development, and (3) The applicable impact fee in each sections 13-9-13-1-23. If the Land use applicable to a development is not listed in the fee schedules in sections 13-9-13-1-23, the fees for the most appropriate Land use in the fee schedules, based on the characteristics of the proposed development, shall be imposed. When multiple types of development are included in a building, the impact fees shall be calculated for each type of development and included in the total impact fees due. When multiple buildings are included in a building permit application, the impact fees shall be calculated individually for each building and included in the total impact fees due. Where a final petition determination has been made by the city manager or a final decision issued by the city commission after a timely appeal, the impact fees due shall be calculated based on the petition determination or city commission decision. kOM In furtherance of the implementation of this article, the city commission hereby establishes the following benefit districts and subdistricts for the identified impact fees: (1) Police impact fee benefit district which boundary is identical with the boundary of the city, as may be adjusted from time to time; (2) Fire -rescue impact fee benefit district, which boundary is identical with the boundary of the city, as may be adjusted from time to time, with two subdistricts for collection, accounting and expenditures. Fire - Rescue Impact Fee North Subdistrict, defined by the Miami River and the boundary of the city lying northward of the Miami River and Fire -Rescue Impact Fee South Subdistrict, which boundary is defined by the Miami River and the boundary of the city, lying southward of the Miami River; (3) General services impact fee benefit district which boundary is identical with the boundary of,the city, as may be adjusted from time to time; and (4) Parks and recreation impact fee benefit district which boundary is identical with the boundary of the city, as may be adjusted from time to time. Transit impact fee benefit district which boundary is identical with the boundary of the city, as may be adjusted from time to time. Sec. 13-13. - Transit impact fee schedule. Land Use ITE Code Transit Impact Fee Residential (per dwelling unit) Single-family detached 210 XXX Low rise* 230 XXX High rise** 220 XXX Nonresidential (per sq. ft. gfa� Light industrial 110 XXX Manufacturing 140 XXX Warehousing 150 XXX Mini -warehouse 151 XXX Hospital 610 XXX General office (50,000 sf or less) 710 XXX General office (50,001-100,000 A 710 XXX General office (100,001-200,000 sf) 710 XXX Medical -dental office 720 XXX Business park 770 XXX Commercial/shop ctr. 25,000 sf or less 820 XXX Commercial/shop ctr. 25,001-50,000 sf 820 XXX Commercial/shop ctr. 50,001-100,000 sf 820 XXX Commercial/shop ctr. 100,001-200,000 sf 820 XXX Commercial/shop ctr. 200,001-400,000 sf 820 XXX Other nonresidential (per indicated unit) Lodging (per room) 320 XXX Elementary school (per student) 520 XXX Secondary school (per student) 530 XXX Day care (per student) 565 XXX Nursing home (per bed) 620 XXx NOTE; * Low rise includes townhouses, duplexes, 3-4 and 5-9 units per building or structure, plus mobile homes and other (e,g. boats, recreational vehicles). ** High rise includes 10-19, 20-49, and 50+ units per building or structure. Sec. 13-184. - Administration of impact fee. Sec. 13-145. - Administrative fees. Sec. 13-156. - Bonding of capital improvement projects. Sec. 13-167. - Administrative procedures for petitions for impact fee determinations and affordable housing deferrals, refunds and credits. Sec. 13-1-78. - Appeal to city commission. Sec. 13-199. -Judicial review. Sec. 134-920. - Effect of impact fee on planning, zoning, subdivision, and other regulations. Sec. 13-281. - Impact fee as additional and supplemental requirement. Sec. 13-242. -Alternative collection method. Sec. 13-2-23. - Previous impact fee schedules. Sec. 13-284. - Establishment of development subareas. Sec. 13-245. - Development potential by subarea. Sec. 13-266. - Impact -fee -related capital improvement program by subarea. Sec. 13-267. - Development impact fee coefficients. Sec. 13-2-78. - Calculation of impact fee. Secs. 13-289-13-50. - Reserved. Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of 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 immediately after final reading and adoption thereof.{2} ..Footnote {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are new in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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,