Southeast Overtown/Park West development supplemental fee coefficients

(a)

The following shall be the coefficients, by land use, for each of the four components of the Southeast Overtown/Park West development supplemental fee.

Table 1. Fee Coefficients—Increment II (per gross square footage of floor area)

EXPAND Land Use Transportation Mitigation Air Quality DRI/Master Plan Recovery DRI Administration Total Fee Coefficient Office $0.39 $0.03 $0.40 $0.18 $1.01 Retail/service $1.78 $0.14 $0.40 $0.18 $2.51 Residential 1 $0.10 $0.01 $0.40 $0.18 $0.70 Hotel 2 $0.26 $0.02 $0.40 $0.18 $0.86 Recreation 3 $0.25 $0.00 $0.40 $0.18 $0.83

Notes:

1 These fee coefficients for residential use are based upon an assumed average of 1,000 square feet ("SF") per dwelling unit ("DU"), and shall be adjusted for each development based upon a transportation mitigation fee of $102.00 per DU and an air quality fee of $11.00 per DU.

2 These fee coefficients for hotel use are based upon an assumed average of 700 SF per hotel room, and shall be adjusted for each development based upon a transportation mitigation fee of $182.70 per room and an air quality fee of $14.70 per room.

3 These fee coefficients for attractions/recreation use are based upon an assumed average of 20 SF per seat and shall be adjusted for each development based upon a transportation mitigation fee of $4.90 per seat and an air quality fee of $0.02 per seat.

Table 2. Fee Coefficients—Increment III (per gross square footage of floor area)

EXPAND Land Use Transportation Mitigation Air Quality DRI/Master Plan Recovery DRI Administration Total Fee Coefficient Office $0.213 $0.006 $0.298 $0.148 $0.664 Retail/service $0.510 $0.014 $0.298 $0.148 $0.969 Residential 1 $0.074 $0.003 $0.298 $0.148 $0.523 Hotel 2 $0.184 $0.005 $0.298 $0.148 $0.635 Recreation 3 $0.000 $0.000 $0.000 $0.000 $0.000 Convention $0.886 $0.024 $0.298 $0.148 $1.355

Notes:

1 These fee coefficients for residential use are based upon an assumed average of 1,000 square feet ("SF") per dwelling unit ("DU"), and shall be calculated for each development based upon a transportation mitigation fee of $74.00 per DU and an air quality fee of $3.00 per DU.

2 These fee coefficients for hotel use are based upon an assumed average of 700 SF per hotel room, and shall be calculated for each development based upon a transportation mitigation fee of $128.80 per room and an air quality fee of $3.50 per room.

3 Not applicable for Increment III.

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(b)

The proportionate share for each unit of land use is calculated as follows:

(1)

a.

Transportation mitigation. The increment II development order requires the city to widen Northwest First Avenue from Northwest Tenth Street to Northwest Fourteenth Street at an estimated proportionate share cost of $636,648.00 (in 2004 dollars), in order to mitigate the regional transportation impacts of total allowable development. The regional transportation mitigation estimated proportionate share cost of $636,648.00 (in 2004 dollars) is distributed among units of land use in total allowable development based upon the average rate of generation of p.m. peak hour external motor vehicle trips, as utilized in the CADA (see Exhibit 2 of Resolution 92-609). All development subject to increment II shall be subject to payment of said fee by applicants.

b.

The increment III development order requires a transportation mitigation fee of $1,871,626.00 (in 2011 dollars) to mitigate the regional transportation impacts of total allowable development. This fee was derived from estimated improvements necessary to maintain the minimum level of service standard on regional roadways impacted by total allowable development (see Exhibit X). The regional transportation mitigation fee of $1,871,626.00 is distributed among units of land use categories for the total allowable development based upon the average rate of generation of p.m. peak hour external motor vehicle trips, as utilized in the CADA (see Exhibit X of Resolution 13- ).

(2)

a.

Air quality. The increment II development order requires the city to perform monitoring and modeling for future carbon monoxide (CO) concentrations, and to take appropriate actions to prevent violations of the minimum standard for CO concentrations. The city estimates its total cost for compliance with the air quality requirements of the increment II development order to be $50,000.00 which is distributed among units of land use in total allowable development based upon the average rate of generation of p.m. peak hour external motor vehicle trips, as utilized in the CADA (see Exhibit 2 of Resolution 92-609). This cost shall be borne by the city, through the Southeast Overtown/Park West project, for fees attributable to applicants if such fee is generated by affordable housing development. All other applicants shall be subject to payment of said fee. All development subject to increment II shall be subject to payment of said fee by applicants.

b.

The increment III development order requires the city to take appropriate actions to prevent violations of the minimum standard for CO concentrations. The city estimates its total cost for compliance with the air quality requirements of the increment III development order to be $50,000.00 which is distributed among units of land use in total allowable development based upon the average rate of generation of p.m. peak hour external motor vehicle trips, as utilized in the CADA (see Exhibit X of Resolution 13- ). The air quality fee may be used by the city for CO monitoring and other measures that improve air quality such as landscaping, open space, streetscape, transit, and pedestrian-oriented improvements. This cost shall be waived, for fees attributable to applicants if such fee is generated by affordable housing development certified by the city department of community development. All other applicants shall be subject to payment of said fee. All development subject to increment III shall be subject to payment of said fee by applicants.

(3)

a.

DRI/master plan recovery. The total costs to the city for preparing the Southeast Overtown/Park West DRI for increment II, increment III, the NOPC Applications, the SEOPW CRA master plans and related studies is estimated to be $1,187,300.00, which shall be distributed equally among all new development on the basis of gross square footage of floor area. The total amount of new development is estimated to be 2,941,828 SF during the time that the increment II development order is in effect. All development subject to increment II shall be subject to payment of said fee by applicants.

b.

The updated total costs to the city for preparing the Southeast Overtown/Park West DRI for increment III and the SEOPW CRA master plans and related studies is estimated to be $2,744,000.00, which shall be distributed equally among all new development on the basis of gross square footage of floor area. The total amount of new development is estimated to be 9,220,000 SF during the time that the increment III development order is in effect. All development subject to increment III shall be subject to payment of said fee by applicants.

(4)

a.

Administration. The administrative cost to the city for enforcing the requirements of the development order is estimated to be $105,000.00 per year or a total of $525,000.00 during the five years that the increment II development order is projected to be in effect. These administrative costs shall be distributed equally among all new development on the basis of gross square footage of floor area. The total amount of new development is estimated to be 2,941,828 SF during the time that the increment II development order is in effect. This cost shall be, waived for fees attributable to applicants if such fee is generated by affordable housing development. All other applicants shall be subject to payment of said fee. All development subject to increment II shall be subject to payment of said fee by applicants.

b.

The administrative cost to the city for enforcing the requirements of the development order is estimated to be $105,000.00 per year or a total of $1,365,000.00 during the 13 years that the increment III development order is projected to be in effect. These administrative costs shall be distributed equally among all new development on the basis of gross square footage of floor area. The total amount of new development is estimated to be 9,220,000 SF during the time that the increment III development order is in effect. This cost shall be borne by the city, through the Southeast Overtown/Park West project, for fees attributable to applicants if such fee is generated by affordable housing development. All other applicants shall be subject to payment of said fee. All development subject to increment III shall be subject to payment of said fee by applicants.

(5)

Cost of living adjustments.

a.

The coefficients in Table 1 above shall be adjusted annually on November 1st of each year with the first adjustment occurring on April 1st, 2006, by multiplying each coefficient in the table by the formula set forth in this paragraph (the "adjustment factor"). The adjustment factor shall be the lesser of:

1.

The percentage increase in the annual Consumer Price Index of the prior calendar year as compared to the annual Consumer Price Index for 2004 (188.9); or

2.

Seven percent per year compounded for each year after 2005, whichever is greater. The formula for the adjustment factor is as follows:

Prior year's Consumer Price Index = adjustment factor

Divided by 188.9

b.

The coefficients in the Table 2 above shall be adjusted annually on November 1st of each year with the first adjustment occurring on May 1st, 2013, by multiplying each coefficient in the table by the formula set forth in this paragraph (the "adjustment factor"). The adjustment factor shall be the lesser of:

1.

The percentage increase in the annual Consumer Price Index of the prior calendar year as compared to the annual Consumer Price Index for 2011 (170.0); or

2.

Seven percent per year compounded for each year after 2011, whichever is greater. The formula for the adjustment factor is as follows:

Prior year's Consumer Price Index = adjustment factor

Divided by 170.0

For these purposes, the consumer price index to be utilized shall be that published by the Bureau of Labor Statistics of the U.S. Department of Labor, using the U.S. city average, all Urban Consumers (1982 - 1984 = 100) Not Seasonally Adjusted. In no event shall the adjustment factor for any year be less than one. In the event that the consumer price index referred to above is no longer published, then a comparable index which measures inflationary factors, and the corresponding decrease in the purchasing power of the U.S. Dollar, shall be selected by the city, and the adjustment factor shall be based upon such index.

(Ord. No. 13406, § 2, 9-26-13)