2008-08
ORDINANCE NO. 2008-08
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE
IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 "TRANSPORTATION MITIGATION
IMPACT FEE"; ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUTATION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF A TRANSPORTATION MITIGATION
IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.31801, Florida Statutes, entitled the "Florida
Impact Fee Act", the Florida Legislature found that impact fees are an important source
of revenue for a local government to use in funding the infrastructure necessitated by new
growth; and
WHEREAS, pursuant to Section 163.3177, Florida Statutes, the Legislature
enacted a transportation concurrency law which provides that public transportation
facilities and services needed to support development shall be available concurrent with
the impacts of development; and
WHEREAS, the Legislature recognized that there are areas where construction of
new or expanded roadways is not possible; and
WHEREAS, pursuant to Section 163.3180, Florida Statutes, local governments
may exempt an area from transportation concurrency (a "Transportation Concurrency
Exception Area") if the proposed development is 1) otherwise consistent with the local
Comprehensive Plan, 2) a project that promotes public transportation or is within an area
designated for urban infill development; and 3) the local government has adopted into its
Comprehensive Plan strategies to support and fund mobility within the designated
exception area; and
Ordinance No. 2008-08
Page 2
WHEREAS, the City of Aventura (the "City") was designated as a Transportation
Concurrency Exception Area when it adopted the City of Aventura Comprehensive Plan
in December of 1998; and
WHEREAS, the City of Aventura is in the unique position of a compact, high
density, regional destination community nearing buildout that lacks parallel roadway
facilities to provide relief to heavily congested and constrained corridors; and
WHEREAS, the City adopted strategies in the City of Aventura Comprehensive
Plan to support and fund mobility within the designated exception area, including impact
fees and other methods which developers can use to mitigate impacts to the
transportation system by contributing funds for alternative modes of transportation that
promote mobility, particularly, the expansion, operation and maintenance of the City's
Circulator System, also known as the "Aventura Express" or as it may be renamed in the
future or any similar future transit system operated by the City, (the "Circulator System")
as further described in a study entitled "A Program of Transportation Mitigation" prepared
for the City of Aventura by James C. Nicholas, PhO, dated August 15, 2007, and revised
March 13. 2008 (the ''Transportation Mitigation Study"); and
WHEREAS, the City included an impact fee analysis in the Transportation
Mitigation Study to determine if an impact fee could be used to fund the expansion,
operation and maintenance of the City's Circulator System; and
WHEREAS the Transportation Mitigation Study finds that the City of Aventura can
accommodate the mobility needs of new development by expansion of the Circulator
System with the payment of a transportation mitigation impact fee, and recommends that
the City adopt such a fee to support mobility through the use of mass transit within the
City and the City's policy of transportation concurrency exception; and
WHEREAS, the City Commission has been designated as the Local Planning
Agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the City Commission, acting in its capacity as the Local Planning
Agency has reviewed this ordinance to adopt a transportation mitigation impact fee
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Ordinance No. 2008-08
Page 3
during a required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
transportation mitigation impact fee ordinance recommended by the City Commission,
acting in its capacity as the Local Planning Agency; and
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that such action is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and are
incorporated herein by this reference.
Section 2. City Code Amended. That the City Code of the City of
Aventura is hereby amended by amending Chapter 2 "Administration"; Article IV
"Finance"; ~ivision 5 "Impact Fees"; by creating Section 2-302 "Transportation
Mitigation Impact Fee" to read as follows:
"Sec. 2-302. Transportation Mitigation Impact Fee.
(a) Impact Fee; In General.
1. This Section is intended to support and fund mobility within the City's
Transportation Concurrency Exception Area by collecting a transportation
mitigation impact fee (the "Transportation Mitigation Impact Fee") to allow the
expansion, operation and maintenance of the City's Circulator System, also
known as the Aventura Express, or as it may be renamed in the future or any
similar future transit system (the "Circulator System").
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2. In construing the provisions of Section 2-302, the pertinent definitions
contained in Section 2-301 (b) shall apply unless otherwise provided.
3. Any application for a Building Permit for Development Activity, as defined in
Section 2-301 (b), within the corporate limits of the City shall be subject to the
assessment of a Transportation Mitigation Impact Fee in the manner and amount
set forth in this Section. No Building Permit shall be issued by the City until the
applicant has paid the assessed Transportation Mitigation Impact Fee as
calculated pursuant to this Section.
4. Notwithstanding payment of the Transportation Mitigation Impact Fees
pursuant to this Section, other state and local regulations may limit the issuance
of a Building Permit.
5. In the event Transportation Mitigation Impact Fees are paid prior to or
concurrent with the issuance of a Building Permit and subsequently, the Building
Permit is amended, the applicant shall pay the Transportation Mitigation Impact
Fee in effect at the time the amended Building Permit is issued with credit being
given for the previous fee paid.
6. In the case of Development Activity involving a change of use, redevelopment
or expansion or modification of an existing use on site which requires issuance of
a Building Permit, the Transportation Mitigation Impact Fee shall be based on
the net increase in the Transportation Mitigation Impact Fee for the new use as
compared with the use in effect on the effective date of this Section.
7. If a Building Permit is cancelled without development commencing, then the
applicant who paid the Transportation Mitigation Impact Fee shall be entitled to a
refund, without interest, of the Transportation Mitigation Impact Fee paid except
that the City shall retain three percent (3%) of the fee to offset a portion of the
costs of collection and refund. The applicant who paid the Transportation
Mitigation Impact Fee shall submit an application for such a refund to the City
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Ordinance No. 2008-08
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Manager or his designee within thirty (30) days of the expiration of the order or
permit, or thereafter be deemed to waive any right to a refund.
8. In the event the Circulator System is discontinued by action of the City
Commission, or if the City fails to use or encumber any existing funds by the end
of the calendar quarter immediately following ten (10) years from the effective
date of this Section, upon application of the then current fee simple title holder,
funds may be returned to such title holder, without interest, provided that the title
holder submits an application for a refund to the City Manager or his designee
within one hundred and eighty (180) days of the expiration of the ten (10) year
period. However, this section shall not apply to Development of Regional Impact
or any development with phased or long term buildout. Any claim not so timely
made shall be deemed waived.
9. Funds shall be deemed expended for the purposes of this Section when a
contract, agreement or purchase order encumbering all or a portion of the
payment of said funds shall be approved by final City action.
(b) Impact Fee Computation Formula.
1. The applicant shall pay a Transportation Mitigation Impact Fee amount based
on the formula set forth in the table below or as it may be amended by Ordinance
of the City Commission. The fee shall be collected by the Community
Development Department prior to issuance of a Building Permit for Development
Activity. Such fee will be based on the cost required to serve the increased
demand for use of the Circulator System resulting from the proposed new
Development Activity. The formula to be used to calculate the Transportation
Mitigation Impact Fee is established as follows for each property use:
Persons Fee per Unit
Land Use (Unit of per Unit of Measure
Measure) of
Measure
Residence per DwellinQ 0.972 $803.05
Office oer 1,000 FP 1.557 $1,286.59
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2.175 $1,797.33
2.720 $2,247.22
1.319 $1,089.35
2.312 $1,910.09
2. The fee per Residential Dwelling Unit or fee per thousand nonresidential
square feet shall be multiplied by the applicant's total number of dwelling units for
residential property or total number of thousands of square feet for nonresidential
property. The total will then be multiplied by 1.03 for a general administrative
charge of three (3%) percent. The resulting total is the Transportation Mitigation
Impact Fee and administrative charge, which amount shall be paid by the
applicant.
3. An applicant may choose to prepare a study to identify a more precise
calculation of the impact of his or her proposed Development Activity on the City's
Circulator System. If the applicant chooses this option, the applicant shall prepare
and submit to the City Manager an Alternative Transportation Mitigation Impact
Fee Calculation Study (the "Alternative Fee Study"), containing professionally
accepted methodologies and formats as well as traffic, engineering, occupancy
and other documentation in support of the basis upon which the alternative
calculation was determined. The Alternative Fee Study shall be prepared and
presented by professionals qualified in their respective fields and employ methods
recognized within those respective fields. The City Manager shall consider the
Alternative Fee Study submitted by the applicant, but is not required to accept
such documentation if he believes the information to be inaccurate or not reliable.
In this case, the City Manager may require the applicant to submit additional or a
different Alternative Fee Study for consideration. If an acceptable Alternative Fee
Study is not presented, the applicant shall pay the Transportation Mitigation Impact
Fee based upon the schedules shown in paragraph 1 of this section. If the City
Manager approves a Transportation Mitigation Impact Fee in an amount other than
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Ordinance No. 2008-08
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that determined by the Alternative Fee Study, the applicant may appeal the City
Manager's decision to the City Commission by filing a written request with the City
Clerk within ten (10) days of the date of the City Manager's decision.
4. In the case of Development Activity involving a change of use or magnitude of
use for which a Building Permit is required, the proposed development shall be
required to pay a Transportation Mitigation Impact Fee only for the increase in use
of the Circulator System resulting from new Development Activity. The
Transportation Mitigation Impact Fee shall be the difference between the
computed Transportation Mitigation Impact Fee for the proposed Development
Activity and the computed Transportation Mitigation Impact Fee for the existing
Development Activity. Any Building Permit which expires or is revoked after the
effective date of this Section and for which a fee has not previously been paid
under this Section shall be required to comply with the provisions herein. No
refunds will be given for proposed development activity resulting in a negative fee
calculation.
5. If the type of activity within a proposed or current development is not specified,
the City Manager or his designee shall use the activity most nearly comparable
that will result in payment of a fair and equitable Transportation Mitigation Impact
Fee.
6. In determining existing Development Activity and the units or thousands of
square feet of proposed or existing development, the Community Development
Department shall use the Building Permit and the Certificate of Use information
contained in the building or zoning records of Miami-Dade County or the City.
(c) Impact Fee Exemptions.
1. Alteration, expansion or replacement of an existing building or residential
dwelling unit where the use is not changed and the number of residential dwelling
units or square footage is not increased shall not be subject to the Transportation
Mitigation Impact Fee.
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Ordinance No. 2008-08
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2. The burden of demonstrating the previous use or previous payment of a
Transportation Mitigation Impact Fee shall be upon the applicant. In cases where
there is an existing use, any additional fees shall be based upon the alteration
and/or addition to the existing use.
3. Government or public facilities used for governmental purposes are exempt
from the Transportation Mitigation Impact Fee, including those parcels, grounds,
buildings or structures owned by the federal government, State of Florida, Miami-
Dade County, the City, the Miami-Dade County Public Schools or the South
Florida Water Management District, including, but not limited to, governmental
offices, police and fire stations, airports, seaports, parking facilities, equipment
yards, sanitation facilities, water control structures, schools, parks and similar
facilities in or through which general government operations are conducted. It is
provided, however, that the following shall not be considered governmental or
public facilities and shall be subject to the provision of this Section: (1) privately
owned properties or facilities leased for governmental operations or activities and
privately owned charter schools; (2) public properties or facilities used for private
residential, commercial or industrial activities.
4. The construction of accessory buildings or structures is exempt where 1) the
use is not changed, 2) any additional impact on the Circulator System is negligible;
and 3) the number of residential dwelling units or square footage is not increased.
5. A building replacement meeting the requirements of the Florida Building Code,
(where such replacement is necessitated by partial destruction) and meeting the
requirements of the City's Land Development Regulations, is exempt.
6. Parking garages are exempt from the Transportation Mitigation Impact Fee
when the structure is accessory to a primary use.
7. An exemption must be claimed by the applicant prior to paying the
Transportation Mitigation Impact Fee. Any exemption not so claimed prior to
payment shall be deemed to have been waived by the applicant.
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(d) Impact Fee Expenditures.
1. Expenditures from the Impact Fee shall include, but not be limited to:
a) All costs related to expansion of the Circulator System;
b) All costs related to operation of the Circulator System; and
c) All costs related to maintenance of the Circulator System.
2. The three (3%) percent general administrative cost portion of the
Transportation Mitigation Impact Fee, as provided for herein, shall be deposited
into the General Fund and shall be used to offset the costs of administering the
Transportation Mitigation Impact Fee.
(e) Establishment of Fund. Transportation Mitigation Impact Fees collected
pursuant to this Section shall be accounted for in the Transportation and Street
Maintenance Fund established by the City.
(f) Review and Assessment of Fee. The City Manager shall review the contents of
this section at least every three (3) years and, if appropriate, make recommendations to
the City Commission to revise it. The first such review shall be no later than January 1,
2011. The City Commission shall consider the City Manager's recommended revision(s)
to this section and decide whether to adopt them."
Section 3. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the City of Aventura Code of Ordinances; that the sections of this Ordinance may
be renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word as needed.
Section 4. Severability. That the provisions of this Ordinance are declared to
be severable and if any section, sentence, clause or phrase of this Ordinance shall for
any reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
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Ordinance No. 2008-08
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but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 5. Special Notice. That, pursuant to Section 163.31801(3)(d), Florida
Statutes, notice of the adoption of this Ordinance shall be published by the City Clerk
no fewer than ninety (90) days before the effective date of this Ordinance imposing new
impact fees.
Section 6. Effective Date. That following adoption on second reading, the
provisions of Section 5 of this Ordinance shall be effective immediately, and the
remaining provisions of this Ordinance shall be effective from and after the first day of
January, 2009.
The foregoing Ordinance was offered by Commissioner Holzberg, who moved its
adoption on first reading. This motion was seconded by Commissioner Stern, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Weinberg, who moved
its adoption on second reading. This motion was seconded by Vice Mayor Auerbach,
and upon being put to a vote, the vote was as follows:
Commissioner Bob Diamond yes
Commissioner Teri Holzberg yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Zev Auerbach yes
Mayor Susan Gottlieb yes
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PASSED on first reading on this 8th day of January, 2008.
PASSED AND ADOPTED on this 8th day of pril,2008.
APPROVED AS TO LEGAL SUFFI~NCY:
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CITY ATTORNEY
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