Findings

The city commission of Miami, Florida (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 Exhibit 1.

(2)

The city has filed a CADA with the city, the South Florida Regional Planning Council, and the state land planning agency.

(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 project area rather than requiring each individual DRI scale development within the project area to be reviewed separately other than for a major use special permit or its functional equivalent, and as a means of accommodating the impacts of the non-DRI scale cumulative growth on the project 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(b) (2011), the CADA seeks master development approval for three increments of development over a period of approximately 40 years and specific development approval for increment I, increment II, and increment 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 209 acres. 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 reports and recommendations of the South Florida Regional Planning Council, entitled "Development of Regional Impact Assessment for Southeast Overtown/Park West Community Redevelopment Area," dated January 4, 1988 for increment I of the Southeast Overtown/Park West DRI; August 3, 1992 for increment II; and February 6, 2012 for increment III.

(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 and air quality.

(11)

The Southeast Overtown/Park West DRI and the Southeast Overtown/Park West master plan are of benefit to all net new development in the project area, and expenses incurred by the city in connection with the preparation and adoption of the Southeast Overtown/Park West DRI/master plan 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 Southeast Overtown/Park West development supplemental fee is determined by the cost of the four components of the fee: 1) transportation mitigation fee; 2) air quality fee; 3) Southeast Overtown/Park West DRI/master plan recovery fee; and 4) administrative fee. The most appropriate measure to distribute the proportionate share of the cost of the transportation mitigation fee and the air quality 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 not appropriately allocated to all net new development at an equal rate for all land use categories.

(13)

The Southeast Overtown/Park West 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 Southeast Overtown/Park West development supplementary fee is equitable and does not impose an unfair burden on such development and is in the best interest of the city and its residents.

(14)

The primary objectives of the Southeast Overtown/Park West community development plan are the removal of slum and blight and encouragement of affordable housing development.

(15)

The city commission, via Resolution No. 87-619, has found that a housing emergency exists within the city. This condition continues to exist. Thus, the findings and conclusions of Resolution No. 87-619 are incorporated herein by reference and made a part hereof.

(Ord. No. 13406, § 2, 9-26-13)