Findings

The city commission (hereinafter "commission") hereby finds and declares that:

(1)

The real property which is the subject of this article, the project area, is legally described in as set forth in Exhibit E of Ordinance No. 13704.

(2)

The DDA has filed a CADA with the city, the South Florida Regional Planning Council, and the state department of community affairs.

(3)

The purpose of the CADA is to identify and assess regional impacts and to obtain approval for total allowable development in accordance with the general guidelines set forth in the development orders and the CADA. The city has recognized the project area as a single area of high intensity development and focused on the impacts that the total allowable development within the project area will have on land, water, transportation, environmental, community services, energy and other resources and systems of regional significance. The CADA seeks a single state DRI review process for overall phased development of the downtown area rather than requiring each individual DRI scale development within the downtown area to be reviewed separately other than for a major use special permit and as a means of accommodating the impacts of the non-DRI scale cumulative growth on the downtown area.

(4)

Development within the project area is expected to continue to be accomplished over an extended period of time by a variety of developers, which may include the city. These developers may respond to market demand and technologies that can only be estimated in the CADA. The CADA and the DO are intended to serve as flexible guides for planned development of the project area rather than a precise blueprint for its development. Therefore, pursuant to F.S. § 380.06(22) (2017), the CADA seeks master development approval for three increments of development over a period of approximately 38 years and specific development approval for Increment I, II, and III. Subsequent incremental applications may need to be adjusted to more nearly serve the evolution of market demand and technologies.

(5)

The project area contains a total of approximately 927 acres, including approximately 78 acres presently zoned and developed as city parks. The CADA has proposed a quantity of net new development within the project area for the land uses and phases defined herein as total allowable development.

(6)

A comprehensive assessment of the probable impacts that will be generated by the total allowable development has been conducted by various city departments, as reflected in the CADA, and as reviewed by the South Florida Regional Planning Council staff.

(7)

The impacts found in the development order are consistent with the report and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Downtown Miami," dated October 5, 1987, "Development of Regional Impact Assessment for Downtown Miami" dated July 1, 2002 and "Development of Regional Impact Report Downtown Miami Increment III" dated June 2016.

(8)

Net new development imposes demands upon public facilities and services benefiting the region and requires additional regional infrastructure.

(9)

To the extent that net new development places demands upon regional public facilities and services, those demands should be satisfied by developments actually creating the demands.

(10)

The limiting factors determining the amount of potential development in the project area are the effects of net new development on transportation facilities.

(11)

The downtown DRI and the downtown master plan are of benefit to all net new development in the project area and expenses incurred by the city and/or DDA in connection with the preparation and adoption of the downtown DRI/master plan, and future related studies, and for the enforcement of the development orders should be reimbursed to the city by the net new development benefiting therefrom.

(12)

The total amount of the downtown development supplemental fee is determined by the cost of the three components of the fee:

a.

Transportation mitigation fee;

b.

Downtown DRI/master plan recovery fee; and

c.

Administration fee.

The most appropriate measure to distribute the proportionate share of the cost of the transportation mitigation fee shall be the average rate of generation of p.m. peak hour external motor vehicle trips for net new development in each land use category, as utilized in the CADA DRI/master plan recovery fees and administration fees are most appropriately allocated to all net new development at an equal rate for all land use categories.

(13)

The downtown development supplemental fee is being imposed on all net new development in order to pay the costs of certain development order related requirements, as described above. Since the demand for such development order related requirements are uniquely created by the new development, the downtown development supplementary fee is equitable and does not impose an unfair burden on such development is in the best interest of the city and its residents.

(Ord. No. 12678, § 2, 4-28-05; Ord. No. 13703, § 2, 10-26-17)

Secs. 13-66—13-95. - Reserved.

ARTICLE III. - SOUTHEAST OVERTOWN/PARK WEST DEVELOPMENT SUPPLEMENTAL FEE[4]

Footnotes: --- (4) ---

Editor's note— Ord. No. 13406, § 2, adopted September 26, 2013, amended article III in its entirety to read as herein set out. Formerly, article III pertained to similar subject matter, and derived from the Code of 1980, §§ 13-61—13-73; Ord. No. 10465, § 1, adopted July 21, 1988, and Ord. No. 12745, § 2, adopted December 1, 2005.  The exhibits referred to in this article are not set out at length herein, but may be found in the office of the city clerk.