CAO 02-05CITY OF MIAMI BEACH
Office of the City Attorney
Memorandum
TO:
FROM:
SUBJECT:
July 9, 2002
Jorge M. Gonzalez, City Manager t~ ~.O. NO. 02-05
, ~l,~]t//'~.M.O. NO. 1-04/02
Murray H. Dubbin, City Attorne~ ~}l/TM
REQUEST FOR LEGAL OPINION -
CONCURRENCY EXCEPTION
By memorandum dated April 19, 2002, you inquired whether the City can
grant exceptions from the concurrency requirement for
transportation facilities if the proposed development is located
within the City's designated community redevelopment areas
pursuant to F.S. [section] 163.318(5), provided that the City
amends the comprehensive plan to establish guidelines for
granting exceptions as described in F.S. [section]
163.318(5)(d).'
Section 163.3180(5)(b), Florida Statutes (2001)provides:
A local government may grant an exception from the
concurrency requirement for transportation facilities if the
proposed development is otherwise consistent with the adopted
local government comprehensive plan and is a project that
promotes public transportation or is located within an area
designated in the comprehensive plan for: 1. Urban infill
development, 2. Urban redevelopment, 3. Downtown
revitalization, or 4. Urban infill and redevelopment under s.
163.2517.
The phrase "community redevelopment area" is not used in this statute. It will
therefore be necessary to detet~fine whether a community redevelopment area is
synonymous with an "area designated in the comprehensive plan for: I. Urban infill
I The correct statutory reference is: Section 163.3180(5), Florida Statutes (2001).
Memorandum to Jorge M. Gonzalez
July 9, 2002
Page 2
development, 2. Urban redevelopment, 3. Downtown revitalization, or 4. Urban infill and
redevelopment under s. 163.2517."
The definitions of these areas are as follows:
1. "Urban infill" - Section 163.3164(27), Fla. Stat., defines "urban infill" as "the
development of vacant parcels in otherwise built-up areas where public facilities such as
sewer systems, roads, schools, and recreation areas are already in place and the average
residential density is at least five dwelling units per acre, the average nonresidential intensity
is at least a floor area ratio of 1.0 and vacant, developable land does not constitute more than
10 percent of the area."
2. "Urban redevelopme.nt"- Section 163.3164(26), Fla. Stat., defines "urban redevelopment"
as "demolition and reconstruction or substantial renovation of existing buildings or
infrastructure within urban infill areas or existing urban service areas."
3. "Downtown revitalization" - Section 163.3164(25) defines "downtown revitalization" as
"the physical and economic renewal of a central business district of a community as
designated by local government, and includes both downtown development and
redevelopment."
4. "Urban infill and redevelopment under s. 163.2517." A copy of Section 163.2517,
Florida Statutes, is attached. That section does not provide a specific definition of the area,
and the statute should be examined carefully to ensure a willingness or ability of the City to
comply with its requirements. Among other things, section 163.2517(3)0)7 requires local
government absorption of developers' concurrency costs.
The definition of"community redevelopment area," in section 163.340(10), Florida
Statutes, is: "a slum area, a blighted area, or an area in which there is a shortage of housing
that is affordable to residents of low or moderate income, including the elderly, or a coastal
and tourist area that is deteriorating and economically distressed due to outdated building
density patterns, inadequate transportation and parking facilities, faulty lot layout or
inadequate street layout, or a combination thereof which the governing body designates as
appropriate for community redevelopment."
It will be necessary to ensure that action taken under Section 163.3180(5)(b) is
compatible with the City's existing Transportation Concurrency Management Areas
(TCMAs). The State Department of Community Affairs' approval for the City to use
Memorandum to Jorge M, Gonzalez
July 9, 2002
Page 3
TCMAs is based on the City's proposed implementation of its Municipal Mobility Plan,
which provides for the collection of mitigation fees to fund transportation improvements
necessary to maintain specified area levels of service. If exceptions to concurrency are
created, the fees necessary to fund the improvements may be affected.
In addition, section 163.3180(5)(d), Fla. Stat., requires that guidelines adopted in the
comprehensive plan implementing the concurrency exceptions "must include consideration of
the impacts on the Florida Intrastate Highway System," which the Concurrency staffadvises
includes some of the arterial roads within city limits.
In order to proceed it becomes necessary to compare the City's Redevelopment Plan
with the criteria outlined in the four exceptions cited. This could be best accomplished by a
side by side comparison of the respective Plan mission elements and corresponding statutory
exception criteria.
I respectfully suggest that this fact finding function is best performed at the
administrative level, perhaps by Planning. With additional factual information we will be in
a better position to provide a more finite opinion.
MHD/GMH/s
F:XATTOhHELOXLegalOpinion s'Concu rreney, faetinquiry, mere_ wtxl