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046-2000 LTC CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\cLmiami-beach.f1.us L.T.C. No. 46-2000 LETTER TO COMMISSION March 14,2000 TO: Mayor Neisen O. Kasdin and Members of the City Commission FROM: Lawrence A. Levy ~ Ci ty Manager SUBJECT: ROAD IMPACT FEES On April 14, 1999, the City Commission adopted Resolution No. 99-23126 approving a list of priority projects totaling $7.6 million, proposed to be funded from road impact fees collected by Miami-Dade County. Further, through this Resolution, the City requested that the list of projects be included in the County's Transportation Improvement Program and that the County allow the City to implement its own projects to be funded from road impact fees (Attachment #1). Subsequently, City staff met with representatives of the Miami-Dade County Public Works Department to review the list of projects and discuss the use of impact fees as well as the implementation approach for these projects. The City was advised that the Impact Fee Task Force would consider an amendment to the impact fee ordinance which would delegate authority to other agencies to implement their own projects. In a letter dated August 6, 1999, the County Manager advised that proposed amendments to the impact fee ordinance would allow local roadway capacity improvements to be eligible for road impact fee improvements once County and State arterial roadway capacity improvements are completed. The County Manager also advised that an amendment to the road impact fee ordinance would be proposed to allow other governmental entities to implement their own roadway capacity improvement projects to be funded from road impact fees (Attachment #2). The Impact Fee Task Force Report was included in the July 29, 1999 County Commission agenda, however, no action was taken by the commission at that meeting (Attachment #3). To date, the item has not been rescheduled for consideration by the County Commission. The task force recommendations do not specifically address the implementation of projects by other local governments, but address procedures related to expediting contracts for road impact fee projects. Letter to Commission March 14, 2000 Page Two Current road capacity improvement projects scheduled to be paid from road impact fees and constructed by the County in fiscal year 1999/00 are as follows: · The installation of traffic signals at three intersections · The upgrade of six existing traffic signals throughout the City · Pine Tree and La Gorce Drives traffic calming · Intersection improvements at Alton Road and 20th Street · Intersection improvements on Dade Boulevard, between Purdy A venue and Alton Road. The total projected road impact fee expenditures associated with these projects are estimated to be $3.4 million. It should be noted that in May of 1999, in an effort to address all transportation, traffic and concurrency issues of the City in a comprehensive manner, the Transportation and Concurrency Management Section was established. This section is responsible for development agreements, traffic mitigation, concurrency matters, funding for transportation related projects and the coordination of traffic improvements in the City. Additionally, in August1999, Mr. Joseph Johnson of the Transportation & Concurrency Management Section, was appointed to the Transportation Planning Council (TPC) as the City's representative. . City staff will continue to work with the Miami-Dade County Public Works Department to explore alternate courses of action and to amend the impact fee ordinance in an effort to address the City's requests contained in the aforementioned Resolution; as it relates to eligible projects and an approach for the rxpeditious implementation of projects funded with road impact fee collections. ~,;~~~=ow~"m Attachments c: Matthew D. Schwartz, Assistant City Manager Julio Grave de Peralta, Public Works Director Michael Alvarez, Assistant Public Works Director Kaslyn Mohamed, Special Projects Coordinator Joseph Johnson, Transportation and Concurrency Management Patricia Walker, Finance Director CITY OF ATTACHMENT III MIAMI BEACH ~ ~ CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 - , OFFICE OF THE CITY MANAGER April 13, 1999 TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 The Honorable Bruno Barreiro Commissioner, Miami-Dade County and Chairman, Impact Fee Workshop and Mr. Merrett R. Stierheim County Manager, Miami-Dade County II I N. W. First Street Miami, FL 33128 Dear Commissioner Barreiro and Mr. Stierheim~' As a follow up to our March 3, 1999 correspondence, the City has developed a list of priority projects for funding from Road Impact fees which we believe will serve to improve many of the roadways in the City of Miami Beach. On April 14, 1999, the Cicy Commission adopted Resolution No. 99-23126 (attached) approving the list of priority projects proposed to be funded from road impact fees in the current year and for inclusion in the Year 2000 Tr::l.'1sportation Improvement Program (TIP). Through this Resolution the Cicy Commission is further requesting that Miami Dade County delegate authority to the City to implement its own projects to be funded from road impact fees, utilizing a loint Participation Agreement. Separ:He!y, the City is in re::eipt of a M:.lrch 4, 1999 letter from the County Pubiic Works Department re~arding the proposed road i.rnpact fee proje::ts for Dis::ict 3. Miami Be:Jch (:Jt'...::lched). By copy of chis ler:e:-, we are also tr:lnsmitting to t~e Ccunr:/s Public \Vor!~s Depamne:lt the priority list of projec:s de....eloped by the City to be funded from road impact fees. 1.::ne City will request a meeting with the Miami Dade County Public Works Department to review its project list for inclusion in the TIP. Toe Cit;.! is hopeful that the Couney wiIi faciiitate the expeditious implementation schedule for these projects by allowing the Cicy to implement its own projects. Your assismnce toward this effor:: is sincerely appreciated. ~~d{ Sergio Rodriguez Citv Mana!2er . , - S?~,~\aP!K:\Urar F.WORX SALl.5t,L YXl.~7TERS',R!)L\{J'.~CTC~IC <l::achm~ms c: Honorable Mayor and Commissioners Christina M. Cuervo, Assistant Cicy Manager Janet Gavarrete, Assistant Cicy Manager Mayra Diaz-Buttacavoli, Assistant City Manaaer J '" Patricia Walker, Finance Director Julio Grave de Peralta, P.E., Public Works Director Aristides Rivera, P.E., P.L.S., Acting Director, Miami-Dade County Public Works RESOLUTIO~ NO. 99-23126 A RESOLUTIOl'1 OF THE !\L\ 'lOR A.~D CITY CO~[\USSIO~ OF THE CITY OF MIAMI BEACH, FLORIDA (CITY), APPROVIl.'iG A LIST OF PRIORITY PROJECTS TO BE PRESENTED TO MIAl\H-DADE COUl.'iTY (COUNTY) FOR FUNDING FROM RO...\D IMPACT FEE ~'\/ENUES IN THE CURRENT YEAR AND FOR INCLUSION I~ THE YEAR 2000 TRA::"iSPORTATION IMPROVEMENT PROGR-\..\I (TIP); A.~1) REQUESTING MI.-\..\II-D...\DE COUl'lTYTO DELEGATE AUTHORITY TO THE CITY TO I:vIPLEMENT ITS O\VN PROJECTS TO BE FUNDED FRO:\I ROAD IMPACT FEES, UTILIZING A JOINT PARTICIPATION AGREEMENT (JPA) \YHEREAS, on F~bruary 17, 1999, Miami-Dade County Commissioner Bruno Barreiro address~d th~ Mayor and City Commission with respect to the expenditure of road impact fees within Miami Beach; and \VHEREAS, the City has requested of the County that roadway impact fees be applied to roadway improvements on minor arterial or collector roads, on municipal, County, and State Roads; and \VHEREAS, the City has requested of the County to revie\v the definition of roadway capacity improvements or roadway improvements, as specified in the County's Road Impact Fee Ordinance, to clarify the us~ of impact fees in order to determine eligible projects; and VVHEREAS, t~e City has requested oft..1e COWlty to be delegated the authority to implement i:s O""TI projects utilizi~g a Joint Participation Agreement (IF A), as presently used with the Florida De?a~ment of Tra."lSportltlon to ac:e!erJ.~e the imple:r..entation of proposed road improvement projects; and \v11EREAS, t~e Ci:y \\~shes to present to t..1e County a list of proposed projects for roadway improvements to be funded ::-om Road Lrn:Jact Fee reve::ues L."1 the curr~nt veu and for inclusion in . . ~he year 2000 TIP. 1'10\"', THEREFORE, BE IT DULY RESOLVED BY THE l\-L~ 'lOR ASD CITY COl\I~IISSrO~ OF THE CrTY OF ML~"n BEACH, FLORIDA! that the J\.fayor and City Cor:nroission hereby approve a list of priority projects, as set forth in the attached Exhibit "A", to be presented to Mia..rni-Dade Counry for funding from Road Impact Fee revenues in the current year, and for ir.clusion in the year 2000 Transportation Improvement Program; and requesting Miami- D:J.de County to delegate authority to the City to implement its own projects to be funded from Road Impact Fees, utilizing a Joint Participation Agreement. PASSED and ADOPTED this 14th day of Pq::il , 1999. ATTEST: ~t fM~ CITY CLERK fj(~ MAYOR AJ'PROVED J~.s TO FORM & LANGUAGE & FOR EXECUTION F \WORK~SALL\KASL Th".COMMlssr.RDIMPAC RES /)j; }:JI;(jd~ r;!., .u+" '""- . EXHIBIT "A" PRIORITY PROJECTS ROADWAY IMPACT FEE IMPROVEMENT 1. 2. 3. 4. Reconfiguration of Dade Boulevard/Bay Road/17th Street intersection Venetian Causeway Roadway Improvements Collins A venue Study at 59th Street - Mirabella Resurfacing, signage and pavement markings on: Meridian Avenue from 5th to 17th Street Pennsylvania Avenue from 5th to 17th Street 9,10 11, 15, 16 and 17th Streets from Alton Road to Washington Ave. La Gorce/Pinetree Drives from 51st to 63rd Street Installation of traffic signals and pedestrian crossing lights at the intersections of: West Avenue and 8th Street 15th Street and Michigan Avenue 85th Street and Harding Avenue 15th Street and Pennsylvania Avenue 16th Street and Pennsylvania Avenue Michigan Avenue and 17th Street Roadway Reconstruction: Marseille Drive from Rue Notre Dame to Trouville Esplanade Biarritz Drive from Rue Notre Dame to Trouville Esplanade Bay Drive from Rue Notre Dame to Trouville Esplanade 77th Street from Dickens A venue to Collins A venue Intersection improvements at 20th Street and Alton Road 5. 6. 7. TOTAL F:I WORK\SALL\KASL YNlCOMMISSl\RDlMPACT.A IT AMOUNT 1,300,000 3,500,000 200,000 130,000 130,000 360,000 280,000 80,000 80,000 80,000 80,000 80,000 80,000 280,000 280,000 260,000 300,000 100,000 7,600,000 ATTACHMENT It 2 (: ../) 1 ) METROPOLITAN DADE COUNTY, FLORIDA / d ;\ \.J ..D .-- l~~~\,~~\J3S~C\\ ~. " - / ( j, ;;J;t -, ~~,', ' ' \ ~ ~ \ \ ~ \ '2. ~ \\ sc. ~\j'j . _ =' '\ J ...:. '\"j\ \ i'\I..\\ . . . :, ..... _I " '-.J ...,'...."1\.... .... .~- August 6, 1999 .Y~ ~.~ ~Jl~ STEPHEN P. CLARK CENTER OFFICE OF COUNTY MANAGER SUITE 2910 111 N.W. 1st STREET MIAMI. FLORIDA 33128,1994 (305) 375,5311 Mr. Sergio Rodriguez City Manager City of Miami Beach 1700 Convention Center Drive Mi3...rni Beach, FL 33139 .1) { . R>v,~. c: '{ , t ,.:.- , - " /. \:;;~ Re: City of Miami Beach Priority Projects - Road Impact Fees Dear Mr. Rodriguez: Pursuant to your request for improvements at the Venetian Causeway roadways, the Florida Department of Transportation (FOOT) has expressed its willingness to consider the resurfacing of those areas that were damaged during the construction of the bridges. At this time all the bridges have been refurbished except for the West Bridge at Venetian Causeway, which is expected to be finalized by the summer of 1999 (Exhibit '"A", Item No.2). In addition, the Public Works Department will repair any damages created during said reconstruction. It is anticipated that the roadway improvements at Pinetree and La Gorce Drive, from south of 51 st Street to south of 63 rd Street, will commence during August/September, 1999. (Exhibit "A", Item No.4). The Department has analyzed Exhibit "A", Item No.5, and would like to advise you that Miami-Dade County will install traffic signals at the following intersections: · West Avenue and 8lh Street · Michigan A venue and 1 Th Street Ho\vever, \ve will not be able to proceed with the installation of traffic signals at the following locations for the reasons listed below: · The signal at 85th Street and Harding Avenue is under the jurisdiction ofFDOT. Therefore, by copy of this letter we are forwarding this request to them for their evaluation and direct response to you. Mr. Sergio Rodriguez Page 2 - Cont. · The intersection of 15th Street and Michigan Avenue does not warrant a signal. · As part of the signal installation at Drexel Avenue and 1 Th Street, Pennsylvania A venue \vill be made one-way southbound, thus eliminating the need for additional signals at 15th and 16th Streets. ::\. The Department is also proceeding to build the intersection improvements at 20lh Street and Alton Road. However, we are currently waiting for plans from your staff in order to process the FDOT permit. Please note that the Public Works Department needs to have additional information regarding r:f...- the City's proposed reconfiguration of the Dade Boulevard/Bay Road/l Th Street intersection I, in order to proceed \\lith the construction. Attached you will also find a list of proposed upgrades for existing traffic signals (Exhibit "B"). Public Works is proceeding to work on these 23 signals as expeditiously as possible. Regarding the remaining projects included in Exhibit "A", it is my understanding that ML Aristides Rivera, P.E., P.L.S., Acting Director, Public Works Department, who is a member of the Task Force reviewing Chapter 33 E-12 of the Miami-Dade County Code, has presented a modification to the code. If implemented, this modification will allQ.,w local road capacity improvements to be eligible impact fee expenditures once the County and State arterial and collector roadway capacity improvements are completed. In addition, it v..ill allow the Miami- Dade County Public Works Department Director to contract any capacity enhancement roadway project activities to other governmental entities subject to the Board of County Commissioners' approval. We will forward you a copy of the proposed amendment as soon as it is approved by the Board of County Commissioners. Mr. Sergio Rodriguez Page 3 - Cont. Should you need additional information regarding these matters, please do not hesitate to contact j\;1r, Aristides Rivera, P.E., P.L.S., Acting Director, Public Works Department at (305) 375-2960. M. R. Stierheim County Manager Attachments cc: Honorable Bruno Barreiro County Commissioner Pedro G. Hernandez, P.E. Senior Assistant to the County Manager Aristides Rivera, P.E., P.L.S. Acting Director, Public Works Depanment Guillermo Olmedillo, P.E. Director, Department of Planning and Zoning Jose Abreu, P.E. District Secretary, Florida Department of Transportation EXHIBIT "A" PRIORITY PROJECTS ROADWAY IMPACT FEE IMPROVEMENT 1. 2. Reconfiguration of Dade BoulevardlBay Road/17th Street intersection Venetian Causeway Roadway Improvements Collins A venue Study at 59th Street - Mirabella Resurfacing, signage and pavement markings on: Meridian Avenue from 5th to 17th Street Pennsylvania A venue from 5th to 17th Street 9,10 11, 15, 16 and 17th Streets from Alton Road to Washington Ave. La Gorce/Pinetree Drives from 51 st to 63 rd Street Installation of traffic signals and pedestrian crossing lights at the intersections of: West Avenue and 8th Street 15th Street and Michigan Avenue 85th Street and Harding Avenue 15th Street and Pennsylvania Avenue 16th Street and Pennsylvania Avenue Michigan A venue and 17th Street Roadway Reconstruction: Marseille Drive from Rue Notre Dame to Trouville Esplanade Biarritz Drive from Rue Notre Dame to Trouville Esplanade Bay Drive from Rue Notre Dame to Trouville Esplanade 77th Street from Dickens A venue to Collins A venue Intersection improvements at 20th Street and Alton Road .., .). 4. 5. 6. 7. TOTAL F:\ WORK\SALL\KASL YN\COMMISSI\RDIMPACT.A IT AMOUNT 1,300,000 3,500,000 200,000 130,000 130,000 360,000 280,000 80,000 80,000 80,000 80,000 80,000 80,000 280,000 280,000 260,000 300,000 100,000 7,600,000 RESOLUTION NO. 99-23 L 26 A RESOLUTIOl'1 OF THE t\L\ YOR A;,'iD CITY CO~L\USSIO:'-i OF THE CITY OF MIAMI BEACH, FLORID.-\. (CITY), APPROVING A LIST OF PRIORITY PROJECTS TO BE PRESENTED TO MIA1'n-DADE COUNTY (COUNTY) FOR FU~-UING FROM ROAD IMPACT FEE ~VENUES IN THE CURRENT YEAR AND FOR INCLUSION INTHE YEAR 2000 TRANSPORTATION D-IPROVEMENT PROGR-\.\I (TIP); k'-U REQUESTING MIA.MI-DADE COUL'tlYTO DELEGATE AUTHORITY TO THE CITY TO IMPLEMENT ITS O\VN PROJECTS TO BE FUNDED FROM ROAD IMPACT FEES, UTILIZI~G A JOINT P.-\.RTICIPA TION AGREEMENT (JPA) \YHEREAS, on February 17, 1999, Miami-Dade County Commissioner Bruno Barreiro address~d the lvlayor and City Commission with respect to the expendirure of road impact fees within Miami Beach; and \vlIEREAS, the City has requested of the County that roadway impact fees be applied to roadway improvements on minor arterial or collector roads, on municipal, County, and State Roads; and \VHEREAS, the City has requested of the County to revie\v the definition of roadway capacity improvements or roadway improvements, as specified in the County's Road Impact Fee Ordinance, to clarify the use of impact fees in order to determine eligible projects; and \\"HEREAS, tl1e City has requested oft..1e County to be delegated the authority to implement i~s C\\TI projects utilizing a Joint Participation Agreement (JP A), as presently used with the Florida De?a~ment of Tra.;.sportation to ac::e!e::ue the imple:nentation of proposed road improvement projects; and \VHEREAS, t.~e Ci::; \'\rishes to present to the County a list of proposed projects for roadway improvemems to be funded. ::-om RO:ld Lrnpact Fee re'/e~ues in the curre:lt year and for inclusion in the year 2000 TIP. NO\V, THEREFORE, BE IT DULY RESOL'VED BY THE i\-L\ 'lOR ..:\.ND CITY CO:\GIISSIO~- OF THE CITY OF l\-n_~'n BEACH, FLORID.-\~ that the Mayor and City COffiII1jssion hereby approve a list of priority projects, as set faITh in the attached Exhibit "A", to be preseGted to Mia.'1li-Dade County for funding from Road L""I1pact Fee revenues in the current year, and for ir.clusion in the year 2000 Transportation Improveme:lt Program; and requesting Miami- D3.de County to delegate authority to the City to implement its O\Vn projects to be funded from Road Imp3.ct Fees, utilizing a Joint Participation Agreement. PASSED and Al)OPTED this 14ch day of A?ril , 1999. ATTEST: ~~t EOA~ CITY CLERK fj~~ MAYOR P_OPROVED I~S TO FORM & lANGUAGE & FOR EXECUilON F IWORK'.SAl.l.\KASl. YN'.COMMlssr.RDIMJ'AC: RES ,/ IJ! )Jtlf)dl-:.. r;,., J.H" ____ , 3/fG/q1 .... . . .t Exhibit "B" Proposed Upgrade of Existing Traffic Signals 1. 2. V enetian Causeway and DiLido Drive Venetian Causeway and East Bridge Venetian Causeway and West Bridge Venetian Causeway and Rivo Alto Venetian Causeway and San Marino Venetian Causeway and Island (E) Venetian Causeway and Island (W) Convention Center Drive and 17 Street Meridian Avenue and 17 Street Washington Avenue and 17 Street Washington Avenue and 8 Street Washington Avenue and 9 Street Washington Avenue and 15 Street Washington Avenue and Espanola Way Washington Avenue and Lincoln Boulevard Ocean Drive and 10 Street Ocean Drive and 5 Street Pinetree Drive and 47 Street Pinetree Drive and 46 Street Pinetree Drive and 42 Street Pinetree Drive and Sheridan Avenue (26 Street) Pinetree Drive and 24 Street Meridian Drive and 14 Place 3, 4. 5. 6. 7. 8. 9. 10, 11. 12. 13. 14. 15. 16. 17. 18, 19. 20. 21. 22. 23. 10i.07-17A upnO.OADE.'GSA.I,.',\f UGT ~ :.';'$ott ~~MEMORANDUM ATTACHMENT #3 TO: Honorable Alex Penelas, Mayor Honorable Chairperson and Members Board of County Commissioners FROM: M. R. Coun DATE: July 29, 1999 SUBJECT: Transmittal of Final Report; Impact Fee Task Force Pursuant to the February 23, 1999 workshop on impact fees I established a task force to evaluate our current impact fee ordinances. The task force was comprised of Miami-Dade County employees, a staff member of Miami-Dade County Public Schools and private sector members. I am pleased to inform you that the task force has completed its work and prepared the attached document entitled "Impact Fee Task Force Final Report on Findings and Recommendations." As this report contains much information on this important topic and numerous recommendations to improve the impact fee program, it is suggested that a workshop be held in September to discuss the report. My staff and I await your decision on the scheduling of this matter and look forward to presenting the findings and recommendations ofthe Impact Fee Task Force. Attach....nent ,.. 'I . . .- ) .. .. ~ .. .. ~ ~ ~ :) :) ~ ~ ~ ~ ., .., .., .., o:J .., ~ # ~ ~ ~ ". .. .~ ". ~ ~ ~ ~ ~ ..- ..- ..- 7' , ..D ., , ., ., -, .,. JULY 1999 .,. ,,. ,. PREPARED BY THE MIAMI-DADE COUNTY IMPACT FEE TASK FORCE MEMBERS: PEDRO G. HERNANDEZ, CHAIRMAN GUILLERMO E. OLMEDILLO, CO-CHAIRMAN, ARISTIDES RIVERA WILLIAM BRANT VIVIAN RODRIGUEZ BARBARA MATTHEWS STANLEY B. PRICE TRULY BURTON GEORGE BERLIN JANE FEUER KATHRYN WILBUR . a .' 3 ,. . . . . . . . . . . . . . . . . . . . . . . . . . t . . . . . . . . . . . . . . . J . . . . . . . TABLE OF CONTENTS Page Transmittal Letter Acknowledgments III Executive Summary Background 5 Findings and Recommendations 7 Appendices List of Exhibits List of Task Force Members MIAMI-DADE COUNTY, FLORIDA IMPACT FEE TASK FORCE 111 NW FIRST STREET, MIAMI, FLORIDA 33128 ~ a 8 .. . . . . . . . . . . . . . . . . . I . . . . . , . , t t . , , , . . t t . , , , , t t t , ) ~ t t . 107.07-17A ...ETnO.QADEIGSA....Af war .f.~~ ~;MEMORANDUM TO: DATE: July 23, 1999 SUBJECT: Final Report on Findings and Recommendations of Impact Fee Task Force Pe ro . m dez, P.E. FROM: Chairman, Imp ct Fee Task Force It is with great pleasure that I transmit the Final Report on Findings and Recommendations of the Impact Fee Task Force (IFTF). As detailed in your February 2, 1999 memorandum to the Board of County Commissioners, the IFTF was charged with evaluating all of the present impact fee ordinances with emphasis being placed on evaluating the currently offered infill housing discount and affordable hO\lsing credit elements of the ordinances. Furthermore, the IFTF was charged with evaluating proposals offered by Commissioner Diaz de la Portilla which included the boundaries of the various benefit districts, the location of facilities funded by impact fees, whether rates are sufficient to achieve the purposes of the program and whether the program is being administered efficiently. The IFTF was comprised of Miami-Dade County employees, a staff member of Miami-Dade County Public Schools and private sector members. The IFTF has formulated twenty-eight (28) recommendations as a result of its review of the current ordinances. The members of the IFTF look forward to discussing these recommendations with the Board of County Commissioners. PGH:GEO:DOQW:jb -1- ~ . 11 , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ACKNOWLEDGMENTS The members of the Impact Fee Task Force take this opportunity to thank and acknowledge the efforts of the following individuals who assisted the Task Force in evaluating the current ordinances and in preparing this final report (in alphabetical order): Jose Bacallao, Junior Assistant, Office of the County Manager Jeanette Berasa, Secretary to Assistant Director, Department of Planning and Zoning Craig Coller, Assistant County Attorney Howard Gregg, Chief, Planning and Research Division, Park and Recreation Department Roger Hernstadt, Capital Improvement Program Coordinator, Office of the County Manager Lawrence Jensen, Supervisor, Impact Fee Office, Department of Planning and Zoning Gaspar Miranda, Chief, Highway Division, Public Works Department Diane O'Quinn Williams, Acting Assistant Director for Zoning, Department of Planning and Zoning Raul Pino, Assistant Chief, Subdivision Control Division, Public Works Department Alberto J. Torres, Acting Zoning Services Division Chief, Department of Planning and Zoning Additionally, this Task Force is most appreciative to James C. Nicholas, Ph.D., University of Florida, for his professional guidance and expertise during this process. Finally, special recognition goes to Russell Kelly, Chief, Subdivision Control Division, Public Works Department who for the past two months has served this task force as a staff advisor, but who more significantly has professionally served the citizens of Miami-Dade County for the past 42 years. The members of the task force sincerely thank Russell Kelly and wish him a happy and healthy retirement! -111- " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , - , , , , , t t , , , t . EXECUTIVE SUMMARY The Miami-Dade County Impact Fee Task Force, established by County Manager, Merrett R. Stierheim, included staff of the various impact fee agencies as well as representatives of the private sector. The Task Force was charged with evaluating all of the present impact fee ordinances with emphasis being placed on evaluating the currently offered infill housing discount and affordable housing credit elements of the ordinances. Furthermore, the Task Force was charged with evaluating the boundaries of the various benefit districts, the location of facilities funded by impact fees, whether current rates are sufficient to achieve the purposes of the program and whether the program is being administered efficiently. The Task Force identified thirteen (13) areas of study: (1) Benefit Districts; (2) Education Program; (3) Review of Rates; (4) Six-year Expenditure Period; (5) Expeditious Completion of Projects; (6) Exemptions; (7) Eligible Expenditures of Impact Fee Trust Funds; (8) Municipal Impact on Parks; (9) Annual Review of OrdinanceslFees; (10) Creation of a Water and Sewer Impact Fee; (11) Consultant Services; (12) Amnesty; and (13) Enforcement of Ordinances. Recommendations, in brief, for each of these thirteen (13) areas are presented below: BENEFIT DISTRICTS Recommendation 1: Amend the Police Impact Fee Ordinance to adjust benefit district boundaries to re-establish the relationship between police districts and impact fee benefit districts. Recommendation 2: Amend the Road Impact Fee Ordinance to revise benefit district boundaries to reflect the new city limit lines of Pinecrest and other municipalities. Recommendation 3: Amend the Park Impact Fee Ordinance to allow expenditures of park impact fee funds within the service areas defined within the Recreation and Open Space Element of the Comprehensive Development Master Plan (CDMP) for the various classifications of parks. -1- Recommendation 4: Amend the Road Impact Fee Ordinance to allow expenditures of road impact fee funds within three (3) miles of the boundary of an impact fee district. EDUCATION PROGRAM Recommendation 5: Initiate a program to educate the public and municipal governments on the success of the impact fee program. Recommendation 6: Post a sign on projects/sites funded through impact fees; the sign shall indicate to the public that impact fees are funding the improvement. REVIEW OF RATES . Recommendation 7: Adjust the rates of all impact fees to reflect cost of living increases. Recommendation 8: Amend Impact Fee Ordinances so that fees are set by Administrative Order. Recommendation 9: Amend all impact fee ordinances to provide a penalty to be imposed on a responsible person where impact fees had not been collected prior to issuance of a building permit or a Certificate of Use and Occupancy when a building permit was not required. Recommendation 10: Review the Police Impact Fee Ordinance to determine if revisions are necessary to the fee structure. SIX YEAR EXPENDITURE PERIOD Recommendation 11: No action at this time is recommended. EXPEDITIOUS COMPLETION OF PROJECTS Recommendation 12: Prepare an ordinance to expedite procedures for contracts relating to projects funded through impact fee collections. -2- ~ ~ 3 ~ . . . a a . . . . . . . . . . . . . . . . . . . . . . . . , , , , , , , . , , " , , , , , , ) ~ . . Recommendation 13: Should an ordinance as indicated in Recommendation (12) above not be adopted, the County Manager should review all County processes to streamline the process by which improvements must be approved. EXEMPTIONS Recommendation 14: Amend the Impact Fee Ordinances as follows: eliminate credits, discounts, and exemptions for affordable housing, infill and enterprise zone developments or provide the impact fee district a reimbursement. ELIGIBLE EXPENDITURES OF IMP ACT FEE TRUST FUNDS: Recommendation 15: Amend the Educational Facilities Impact Fee Ordinance to allow major additions to be an eligible expenditure. Recommendation 16: Amend the Educational Facilities Interlocal Agreement to eliminate the requirement of awarding school construction through a lease-purchase process. Recommendation 17: Amend the Road Impact Fee Ordinance to allow local road improvements within any specific benefit district to be an eligible expenditure once the arterial and collector roadway improvements in that benefit district are complete. Recommendation 18: Amend Fire and Rescue Impact Fee Ordinance to allow replacement apparatus to be an eligible expenditure upon determination that the replacement apparatus is needed as a result of additional growth. Recommendation 19: Review the Police Impact Fee Ordinance to determine whether other improvements can be funded through impact fees. Recommendation 20: Amend Park and Recreation Ordinance to allow as an eligible expenditure start-up capital equipment associated with Park and Recreation facility development. -3- MUNICIP AL IMP ACT ON PARKS: Recommendation 21: Amend Park and Recreation Ordinance to require impact fee collections from new residential development in municipalities for improvements to County District and Metropolitan Parks. ANNUAL REVIEW OF ORDINANCES/FEES: Recommendation 22: Amend all impact fee ordinances so that each County impact fee agency is subject to the same reporting requirements. CREATION OF A WATER & SEWER IMPACT FEE Recommendation 23: Based upon the current charges assessed by the Water and Sewer Department there is no need for creation of a water and sewer impact fee. CONSUL T ANT SERVICES Recommendation 24: Provide authorization to the County Manager to contract with, and keep on retainer, a consultant with expertise in the field of impact fees. AMNESTY: Recommendation 25: Amend the Educational Facilities Impact Fee Ordinance to allow an exemption of the impact fee payment for a project where the construction qualifies under the Amnesty Ordinance and where proof is provided that the project was constructed prior to October 1, 1995. ENFORCEMENT OF IMP ACT FEE ORDINANCES: Recommendation 26: Organization of a meeting between County officials and a representative of the League of Cities to coordinate notice to municipalities that may have issued building pennits/Certificates of Use and Occupancy in violation of impact fee regulations. Recommendation 27: Development of a unifonn reporting system from municipalities to the Miami-Dade County impact fee office. Recommendation 28: Amend all impact fee ordinances to provide the County greater enforcement powers on impact fee collections. -4- " . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . , , , , , , l ) ~ , ~ ! ) ) BACKGROUND Pursuant to an inquiry from Commissioner Miguel Diaz de la Portilla on December 22, 1998 regarding improvements to the impact fee program, County Manager Merrett R. Stierheim responded with a comprehensive memorandum dated February 2, 1999 detailing impact fee collections and expenditures and establishing a task force to evaluate present impact fee ordinances. Subsequently, on February 7, 1999 the Miami Herald published an article on the various impact fee programs. The impact fee agencies were critical of the information contained in this publication prompting a memorandum from County Manager Stierheim to the Board of County Commissioners detailing the inaccuracies and omissions of the Miami Herald article. A February 23, 1999 workshop on impact fees was then conducted by the Board of County Commissioners, wherein staff received substantial and meaningful input from Commissioners and the public on the collection and use of impact fees. At that workshop the County Manager reminded interested parties of his commitment to establish a task force on this important topic regarding collections and expenditures of impact fee funds. In an April 26, 1999 memorandum County Manager Stierheim appointed eleven (11) individuals to serve on the Impact Fee Task Force. Upon appointment County Manager Stierheim charged the task force members with "analyzing the effectiveness of the current impact fee program and current fees to fund infrastructure necessitated by new development." Additionally, the task force was requested to "identify and formulate recommendations to increase the effectiveness of the program." The task force held its first meeting on April 28, 1999 and continued to hold bi-monthly meetings until its July 14, 1999 meeting wherein the final recommendations were developed. The result of the task force's efforts are presented in detail in the form of findings and recommendations in a following section of this report. The task force comprised of Miami-Dade County employees, a staff member of Miami-Dade County Public Schools and private sector members welcomed the opportunity to work together to comprehensively review these ordinances that significantly direct and fund infrastructure improvements in Miami-Dade County . -5- ~ . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , , , . . . , , . ) ) t t . FINDINGS AND RECOMMENDATIONS BENEFIT DISTRICTS Finding: The current size and boundaries of all impact fee benefit districts serve to effectively advance the impact fee program. Any increase in number/decrease in size of benefit districts has the associated risk that enough funds would not be collected in a smaller district, thereby delaying infrastructure improvement projects. Only minor adjustments of these district boundaries are warranted as indicated in (a) and (b) below. The task force also determined that developments occurring in a proximity to a benefit district boundary also create impacts on parks and roads in adjacent benefit districts. a. While Miami-Dade Police Department police district boundaries have been modified to accommodate areas of growth, to adjust for municipal incorporations and to ensure the consistency of service delivery, the police impact fee benefit districts have remained unchanged. b. Due to the incorporation of the Village of Pinecrest and other municipalities, the road benefit districts require adjustment. Recommendation 1: Amend the Police Impact Fee Ordinance to adjust benefit district boundaries to re-establish the relationship between police districts and impact fee benefit districts. Recommendation 2: Amend the Road Impact Fee Ordinance to revise benefit district boundaries to reflect the new city limit lines of Pinecrest and other municipalities. Recommendation 3; Amend the Park Impact Fee Ordinance to allow expenditures of park impact fee funds within the service areas defined within the Recreation and Open Space Element of the Comprehensive Development Master Plan (CDMP) for the various classifications of parks. Certain parks are located on benefit district boundaries, and although the current park impact fee ordinance provides some degree of flexibility to apply impact fees toward park improvements located in an adjacent benefit district it requires approval from the Board of County Commissioners to do so. This amendment would allow these expenditures outside of the benefit district as a matter of right. The amendment would be consistent with the methodology utilized in the CDMP as service areas therein are used to determine future park locations and to conduct capacity evaluations. -7- Recommendation 4: Amend the Road Impact Fee Ordinance to allow expenditures of road impact fee funds within three (3) miles of the boundary of an impact fee district. Developments occurring on the boundary of a road benefit district impact adjacent benefit districts. EDUCATION PROGRAM Finding: The public is not generally knowledgeable of the success of Miami-Dade County's impact fee program. In particular, the public and municipal governments are not knowledgeable of infrastructure projects funded and proposed to be funded through impact fee collections, nor the processes by which projects are approved. A February 7, 1999 Miami Herald article inaccurately reported on land acquisitions and facility developments funded by impact fee collections, leaving the public with the perception that the impact fee program is ineffective. Recommendation 5: Initiate a program to educate the public and municipal governments on the success of the impact fee program, specifically citing completed and future projects funded through impact fee collections as well as the required processes for project approval. Included in this program should be the preparation of informational brochures and presentations to Community Councils, municipal governments, and homeowners' associations. Recommendation 6: Post a sign on projects/sites funded through impact fees; the sign shall indicate to the public that impact fees are funding the improvement. REVIEW OF RATES Finding: The impact fee rates are inadequate to fund infrastructure projects which are eligible impact fee expenditures, as there have been no fee adjustments since the following dates: Road, 1994; Park, 1993; Fire and Rescue, 1994; Police, 1994; Educational Facilities, 1995. Additionally, municipal building officials have authorized the issuance of building permits/certificates of use and occupancy without the appropriate impact fees having first been paid. While such instances do not occur frequently, the issue that any projects circumvent the payment of impact fees is of great concern. Finally, the Police impact fee calculation requires review to determine if revisions to the fee Structure are warranted. Recommendation 7: Adjust the rates for all impact fees to reflect cost of living increases. Recommendation 8: Amend Impact Fee Ordinances so that fees are set by Administrative Order. Specifically, the establishment and future modifications of rates in an Administrative Order to. accompany the Road Impact Fee Ordinance, should reflect road costs and should be based upon trip generation reflected in the edition of the Institute of Traffic Engineers (ITE) Manual in effect as of the date of the Administrative Order. -8- rJ' l t t . , ) . . ) . ) , . , . J } ) LIST OF EXHIBITS * 1. Minutes of Impact Fee Task Force Meetings: April 28, 1999; May 5,1999; May 19, 1999; June 2,1999; June 16,1999; June 30,1999 and July 14,1999. 2. Memorandwn (May 17, 1999) prepared by Lester Goldstein, Dade Legislative Committee Chair, BASF re: BASF comments and other issues. 3. Memorandwn (May 17, 1999) prepared by Barbara Matthews, Fire and Rescue Department, re: Impact Fees Concerns and Issues. 4. Memorandwn (May 3, 1999) from Vivian Donnell Rodriguez, Park and Recreation Department"re: Park Impact Fee Ordinance Issues and Opportunities. 5. Memorandwn (May 4, 1999) from Jane Feuer, Miami-Dade Police Department, re: Impact Fee Task Force. 6. Letter (May 28, 1999) from Kathryii Wilbur, Miami-Dade County Public Schools, re: Impact Fee Task Force Educational Facilities Impact Fee Ordinance. 7. Memorandwn (June 15,1999) from Aristides Rivera, Public Works Department, re: Road Impact Fees 8. Memorandwn (June 16, 1999) from Aristides Rivera, Public Works Department, re: Capital Funds Revenue. 9. Memorandwn (June 29, 1999) from Lawrence Jensen, Impact Fee Section, re: Problems Administering Impact Fee Ordinances. 10. Memorandwn (June 1, 1999) from Public Works Department, re: Issues to be resolved. 11. Memorandwn (May 10, 1999) from Russell Kelly, Public Works Department, with accompanying draft ordinance; modifying Section 33E-ll, Code of Miami-Dade County. 12. Memorandwn (July 6, 1999) from Aristides Rivera, Public Works Department re: Impact Fee Task ForcelItems for Final Report. 13. Document entitled "Items for Discussion" presented at 7/14/99 meeting. * All exhibits are on file in the Department of Planning and Zoning, Stephen P. Clark Center, 111 N. W. 1 st Street, 11 th Floor, Miami, Florida. MEMBERS IMPACT FEE TASKFORCE Pedro G. Hernandez, P.E., Senior Assistant Office of the County Manager Guillermo E. Olmedillo, Director Department of Planning and Zoning Barbara Matthews, Manager Planning and Capital Improvements Fire and Rescue Department Aristides Rivera, P.E., P.L.S. Acting Director Public Works Department Jane Feuer, Chief Finance and Adminis'tration Division Miami-Dade Police Department George Berlin, Partner Turnberry Associates Vivian Rodriquez, Interim Director Park and Recreation Department Truly Burton, Director Governmental Affairs Builders Association of South Florida William Brant, Director Water and Sewer Department Stanley B. Price, Esq. Bilzin Sumberg Dunn Price & Axelrod, LLP Kathryn Wilbur, Executive Director Governmental Affairs and Land Use and Policy Acquisition Miami-Dade County Public Schools