LTC 149-2005 Miami Dade County Road Impact Fees
CITY OF MIAMI BEACH
Office of the City Manager
Letter to Commission No. 149-2005
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From:
Mayor David Dermer and
Members of the City Commission
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Jorge M. Gonzalez v-~
City Manager ( \)
MIAMI-DADE C NTY ROAD IMPACT FEES
Date: June 8, 2005
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The purpose of this LTC is to provide the Mayor and City Commission with a~itiOA'aI
information regarding the proposed changes to the County's Road Impact Fee ordinance
that were discussed at the June 8, 2005 City Commission meeting. A copy ofthe proposed
ordinance is attached.
Following the City Commission meeting, the Administration was informed by County
Commissioner Barreiro's office that the proposed ordinance was deferred from the block of
ordinances on first reading, and therefore was not considered on first reading.
Below, please find the Legislative History for this item. As part of yesterday's deferral, the
County Manager requested that the item be placed on the June 21, 2005 County
Commission agenda for first reading. Additionally, on May 23, 2005, the County Manager
reported that this is a "must pass" item that needs to be completed priorto October 1,2005
for inclusion in the budget.
The due date for the ordinance to be discussed at the County Commission's Infrastructure
and Land Use Committee is August 16th, 2005, and according to the County Commission
calendar that committee is currently scheduled to meet on August 13, 2005. Should the
item receive a positive recommendation from the committee, it will return to the Board of
County Commissioners for second reading and public hearing.
If the ordinance is forwarded to the full commission by the committee, there are three
possible dates for the item to be considered on second and final reading prior to the end of
the fiscal year: August 23, September 8, and September 20.
Legislative History
Board of County 6/7/2005
Commissioners
Scheduled
for a public
hearing
Infrastructure
and Land Use
Committee
8/16/2005
County Manager 6/2/2005
Deferrals
6/7/2005
REPORT: The County Manager is requesting deferral of this item to the June 21, 2005 BCC
Meeting.
County Manager 5/23/2005 Assigned Pete Hernandez 5/23/2005
REPORT: MUST PASS [Needs to be completed prior to October 1, 2005 Budget cycle for
inclusion]
County Manager 5/23/2005
Referred
Infrastructure
and Land Use
Committee
8/16/2005
County Attorney 5/23/2005
Assigned
Craig H. Coller
5/24/2005
County Manager 5/23/2005 Assigned County Attorney 6/7/2005
REPORT: 1ST Reading for 6/7/2005... PWD [Public Hearing at INLUC 8/16/2005]..2nd Reading
9/8/2005
I will keep you informed as this item progresses. Please contact me if you have any
questions or comments.
JMG~k~e-
c: Tim Hemstreet, Assistant City Manager
Bob Middaugh, Assistant City Manager
Fred Beckmann, Public Works Director
Kevin Crowder, Economic Development Division Director
F:\DDHP\$ALL\KEVIN\Legislative Priorities\Miami-Dade County\RIF\June 8 L TC.doc
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Mernoran urn mi'J
Date:
June 7, 2005
From:
Honorable Chairman Joe A. Martinez
and Members, ~unty Commissioners
George M. Burges . ~~
County Manager .... - 6
Proposed Amendment to Chapter 33E of the Miami-Dade County Code and the Miami-
Dade Road Impact Fee Manual, Pertaining to Road impact Fee
Agenda Item No. 4(L)
To:
Subject:
RECOMMENDATION
It is recommended that the Board approve the attached Ordinance which amends the existing Miami-
Dade County Road Impact Fee Ordinance, Chapter 33E of the Miami-Dade County Code, and the
Road Impact Fee Manual by modifying the boundaries of the Road Impact Fee (RIF) Districts (reducing
the number of districts from nine to three), authorizing the proration of funds from the nine existing
districts into the three proposed districts, and providing for annual public comment on an impact fee
report.
BACKGROUND
On December 6, 1988, the Board of County Commissioners adopted the Dade County Road Impact
Fee Ordinance (Ord. No. 88-112 ~ 1) Chapter 33E of the Miami-Dade County Code, for the purpose of
ensuring that all new development bears its proportionate share of the capital cost of road facilities
necessary to allow an adequate level of roadway service within Miami-Dade County and its
municipalities.
In order to insure that fee-funded roadway improvements provide benefits to the developments that pay
impact fees, nine RIF districts were created, each with its own trust fund. When a development pays
road impact fees, the fees are deposited into the trust fund for the RIF district in which the development
is located. When roadway improvements are funded by RIF's, the funds are drawn from the trust fund
for the RIF district in which the funded improvements are located.
Changes in development and traffic patterns that have occurred over the past 15 years have
diminished the effectiveness of the current benefit districts as a means for matching funds to projects
for the benefit of fee paying developments. Commuter trip distances have increased over the years
and residents of the developments that have paid road impact fees regularly travel far beyond the
boundaries of the benefit district in which their development is located thus benefiting from roadway
improvements funded by other neighboring benefit districts.
The Public Works Department has reevaluated the boundaries of the RIF districts in consultation with
James C. Nicholas, Ph.D., of the University of Florida, a recognized expert in the field, and has
determined that a more effective distribution of RIF benefits could be achieved by redrawing the
boundaries of RIF districts "and by reducing the number of districts from nine to three. This will enable
needed road improvements to be built sooner. Since the most significant trip made by the residents
who are the intended beneficiaries of the RIF funded road improvements is their daily commute to work,
the proposed new RtF districts are designed around Miami-Dade County's primary "commuting sheds"
which converge toward a centroid consisting of the Airport, the Civic Center and Downtown Miami.
/
Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
Page2
Proposed RIF District 1 corresponds to the North commuting shed which feeds into 1-95
and the Palmetto Expressway.
Proposed RIF District 2 corresponds to the East-West commuting shed which feeds into
State Road 836 and SW 8th Street.
Proposed RIF District 3 corresponds to the Southwest commuting shed which feeds into
South Dixie Highway and the Homestead Extension Florida Turnpike.
Legal descriptions for the three proposed Road Impact Fee Benefit Districts are included in a new
section of the Code, Chapter 33E-17 titled "Boundaries of Road Impact Fee Benefit Districts" which is
being created in Section 2 of this ordinance. The boundaries are also depicted in "Figure 1" of
proposed Section 33E-17 titled "Map of Road Impact Fee Benefit Districts," also in Section 2 of the
Ordinance. This new section will incorporate the legal descriptions and map into the body of the Code
rather than by reference as attachments.
A table, included as Attachment "A," is provided for the purpose of prorating funds now held in trust for
the nine existing RIF districts into the trust funds that would be established for the three proposed
districts.
FISCAL IMPACT
There are no increases in fees proposed in this ordinance. The sole fiscal impact expected is a
beneficial, expeditious use of road impact fees to more timely fund road improvements.
~
.
MEMORANDUM
(Revised)
TO:
Honorable Chairman Joe A. Martinez DATE:
and Members, Board of County Commissioners
June 7, 2005
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FROM: Robert A. Ginsburg
County Attorney
/
SUBJECT: Agenda Item No.
4(L)
Please note any items checked.
"4-Day Rule" ("3-Day Rule" for committees) applicable if raised
V'
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Bid waiver requiring County Manager's written recommendation
Ordinance creating a new board requires detailed County Manager's
report for public hearing
Housekeeping item (no policy decision required)
No committee review
3
Approved
Veto
Override
Mayor
Agenda Item No.
06-07-05
4(L)
ORDINANCE NO. .
ORDINANCE AMENDING CHAPTER 33E OF THE CODE
OF MIAMI-DADE COUNTY (CODE) AND THE MIAMI-
DADE ROAD IMPACT FEE MANUAL; REDUCING THE
NUMBER OF IMPACT FEE DISTRICTS FROM NINE TO
THREE; CREATING SECTION 33E-17 OF THE CODE
DEFINING BOUNDARIES OF NEW ROAD IMP ACT FEE
BENEFIT DISTRICTS; PROVIDING ANNUAL PUBLIC
COMMENT ON IMPACT FEE REPORT; PROVIDING
SEVERABILITY, INCLUSION AND EXCLUSION FROM
THE CODE, AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MIAMI-DADE COUNTY, FLORIDA:
Section 1.
Sections 33E-II of the Code of Miami-Dade County is hereby
amended to read as follows:
Sec. 33E-ll. Impact fee benefit district and trust funds
(a) To insure that fee-funded roadway improvements will
benefit impact fee-paying development, all collected impact fees shall
be spent only for off-site roadway improvements or for principal and
interest payments (including sinking fund payments) on bonds or
other borrowed revenues used to fund such improvements, within the
benefit district in which the fee-paying development is located, or
within three (3) miles of the border of the benefit district upon prior
determination by resolution of the Board of County Commissioners,
that the project benefits the Impact Fee District where the funds were
collected. These benefit districts are [[ deliHeated in l\ttaelunent f~
Revised and]] described in detail in >>Section 33E-I7. Boundaries
of Road Impact Fee Benefit Districts<< [[.^~ttaehment B Reyised of
which attachments arc incorporated herein by refereaee and made a
part aereof.]] >>and depicted in Section 33E-17 (Figure 1) - Map
1 Words stricken through and/or [[double bracketed]} shall be deleted. Words underscored andlor
>>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and
remain unchanged.
l/
Section 2.
to read as follows:
Agenda Item No. 4(L)
Page 2
of Road Impact Fee Benefit Districts<< The full width of the right-
of-way of the roadways that form a border of a benefit district shall be
considered to be within the district.
>>Subsequent to the effective date ofthis ordinance. new Trust Fund
Accounts shall be established for each of the three road impact fee
districts created hereby. Existing Road Impact Fee trust fund accounts
shall then be prorated and transferred into said new trust fund
accounts in accordance with the table identified as Attachment A.
attached hereto and made a part hereof.<<
(b) A separate interest bearing roadway trust account shall be
established for each benefit district and all impact fees collected by
the County Planning and Zoning Director shall be promptly deposited
into the proper trust account, except for general administrative costs
paid pursuant to Sections 33E-9 and 33E-12, which shall be directed
to County operating fund accounts. Impact fees collected by
municipalities pursuant to this chapter shan be transmitted to the
County Planning and Zoning Director at the end of each fiscal quarter
except for the portion of the general administrative cost designated
for retention by the municipality.
(c) A financial and management report on the impact fee trust
funds shall be prepared annually by the County [[Pablie Warks
Department]]>> Office of Capital Improvements<< and submitted
to the County Manager within one hundred twenty (120) days of the
>>date of the<< end of the County's fiscal year. >>No later than
thirty (30) days after submission of the re.port. the County Manager
shall conduct a public meeting. for the purpose of presenting the
re.port and receiving public comment on the report as well as the
impact fee program. This meeting shall be advertised at least seven
(7) days in advance in a newspaper of general circulation. No later
than thirty (30) days after the public meeting. the County Manager
shall schedule the report. which shall serve as the County's Annual
Impact Fee Report. for the Board of County Commissioners'
consideration. The County Manager shall provide a companion report
to the Board advising of any County Manger recommended impact
fee program changes and detailing comments received from the
annual impact fee public meeting.<<
Section 33E- 17 of the Code of Miami-Dade County is hereby created
_r'
Agenda Item No. 4(L)
Page 3
>>Sec. 33E-17. Boundaries of Road Imnact Fee Benefit Districts
(a) DISTRICT 1 is described as follows: BEGIN at the
intersection ofthe line betweenBroward County. Florida and Miami-
Dade County. Florida. with the centerline ofV.S. Highway No. 27
also known as Okeechobee Road. in Section 3. Township 52 South.
Range 39 East. Miami-Dade County. Florida: thence southerly along
said centerline ofV.S. Highway No. 27 and its southerly extension
thereof to an intersection with the Miami Riyer Canal: thence
meander southeasterly along the centerline of the Miami Riyer Canal
and along the Miami Riyer to its mouth at Biscavne Bay: thence due
East through Biscayne Bay staving northerly of Claughton Island
(also Known as Brickell Key) to a point 1.100.00 feet southwesterly
of the Bulkhead Line of the Miami-Dade County Sea\,ort recorded in
Plat Book 74 at Page 19 of the Public Records of Miami-Dade
County. Florida: thence Southeasterly parallel with and 1.100.00 feet
southwesterly of said bulkhead line through Noms Cut between
Fisher Island and Virginia Key to a point where Noms Cut Meets the
Atlantic Ocean: thence due East to the eastern boundary of the
cOIporate limits of Miami-Dade County: thence Northerly along said
eastern boundary of the cOIpOrate limits of Miami-Dade County to the
northern boundary of the corporate limits of Miami-Dade County:
thence meander westerly along said northern boundary of the
corporate limits. of Miami-Dade County to the POINT OF
BEGINNING.
(b) DISTRICT 2 is described as follows: COMMENCE at the
intersection of the line between Broward County. Florida and Miami-
Dade County. Florida. with the centerline of VoS. Highway No. 27
also known as Okeechobee Road. in Section 3. Township 52 South.
Range 39 East. Miami-Dade County. Florida: thence southerly along
said centerline of V.S. Highway No. 27 to the intersection with
Krome Ayenue also known as NoW. I 77th Avenue being the POINT
OF BEGINNING: thence southwesterly and southerly along the
centerline of said Krome A yenue also known as N. W. I 77th A yenue
to the intersection with U.S. Highway No. 41 also known as S.W. Sth
Street: thence westerly along the centerline of said V.S. Highway No.
41 also known as SoW. Sth Street to the westerly boundary of the
corporate limits of Miami -Dade County: thence southerly along said
westerly boundary of the corporate limits of Miami -Dade County to a
theoretical intersection with S.Wo 24Sth Street extended westerly:
thence easterly along the theoretical centerline of said S.W., 24Sth
Street and along Coconut Palm Drive to the intersection with the
centerline of the C.S.X. Railroad Right-of-Way in Section 24.
Co
Agenda Item No. 4(L)
Page 4
Township 56 South. Range 38 East. Miami-Dade County. Florida~
thence Northerlv and Northeasterlv along the centerline of said C.S.X.
Railroad Right-of-Wav to the theoretical intersection with the
westerly extension of the Snaooer Creek Expresswav also known as
State Road No. 878~ thence easterly along said westerly extension of
Snapper Creek Expressway also known as State Road No. 878 and
southeasterly. along the actual centerline of said Snapper Creek
Exoresswav also known as State Road No. 878 to its intersection with
U.S. Highwav No.1 also known as South Dixie Highway~ thence
northeasterly along the centerline said U.S. Highwav No.1 also
known as South Dixie Highway to its intersection with Brickell
A venue~ thence continue Northeasterlv along the centerline of said
Brickell Avenue to the intersection with the centerline of the Miami
River~ thence meander along the centerline of said Miami River and
the Miami River Canal westerly and northwesterly to the southerly
extension of the centerline of U.S. Highwav No. 27 also known as
Okeechobee Road. in Section 3. Township 52 South. Range 39 East.
Miami-Dade County. Florida~ thence Northerly along the centerline
of U.S. Highway No. 27 also known as Okeechobee Road to the
POINT OF BEGINNING.
(c) DISTRICT 3 is described as follows: All that portion of
Miami-Dade County Florida lying South and East of Road Imoact
Fee Benefit Districts 1 and 2 as described herein.
?-
Agenda Item No. 4(L)
Page 5
MAP OF ROAD IMPACT FEE BENEFIT DISTRICTS
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Figure 1<<
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Agenda Item No. 4(L)
Page 6
Section 3.
The Miami-Dade Road Impact Fee Manual adopted May 23, 1989 by
Ordinance No. 89-47, as amended by Ordinance Numbers 89-53,90-60,92-153,94"134,94-185,92-
215,98-125,99-98, and 01-153 is hereby amended to read as follows:
X. IMPACT FEE BENEFIT DISTRICTS AND TRUST ACCOUNTS
*
*
*
A. To insure that fee-funded roadway improvements will benefit
impact fee-paying development, all collected impact fees shall
be spent only for off-site roadway improvements or for principal
and interest payments (including sinking fund payments) on
bonds or other borrowed revenues used to fund such
improvements, within the benefit district in which the fee-
paying development is located, or within three (3) miles of the
border of the benefit district upon prior determination by
resolution of the Board of County Commissioners, that the
project benefits the Impact Fee District where the funds were
collected. These benefit districts are described in detail in [[
the OFdiRaaee and ifl "AAttaehments A re'/ised and B Revised in
this seeti0R (lfthe Manual.]] >>Section 33E-17 of the Miami-
Dade County Code which is incorporated herein bv reference. < <
The full width ofthe right-of-way of the roadways that form a
border of a benefit district shall be considered to be within the
district.
*
*
*
XI. IMPACT FEE TRUST ACCOUNT EXPENDITURES
*
*
*
B. Highest priority for impact fee trust account expenditures shall
be for roadway improvements deemed by the >>Miami-<<Dade
County Metropolitan Planning Organization (hereinafter
referred to as MPO) as most needed to serve new development.
Such determination by the MPO shall consider
recommendations from a Joint County / Municipal Staff
Committee established for each of the [[ RiRe (9)]] > >three (3)<<
impact fee benefit districts.
('
Agenda Item No. 4 (L)
Page 7
Section 4.
If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5.
It is the intention of the Board of County Commissioners, and it is
hereby ordained that the provisions of Section 1 and 2 of this ordinance, shall become and be made
part ofthe Code of Miami-Dade County, Florida, and that the remaining Sectionsofthis ordinance
shall not be made a part of the Code. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word ordinance may be changed to "section," "article," or
other appropriate word.
Section 6.
This ordinance shall become effective October 1, 2005 unless vetoed
by the Mayor, and if vetoed, shall become effective on such date only upon an override by this
Board.
PASSED AND ADOPTED:
Approved by County Attorney
as to form and legal sufficiency
Prepared by:
Rft6
eye
Craig H. Coller
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ATTACHMENT "A"
Proration of Funds into New Districts
Former Districts New District 1 New District 2 New District 3 I
1 0% 98.3 % 1.7 %
2 55.8% 28.9% 15.3 %
3 100% 0% 0%
4 0% 100% 0%
5 0% 6l.9% 38.1 %
6 0% 7.1 % 92.9%
7 0% 42.2% 57.8%
8 100% 0% 0%
9 100% 0% 0%
The percentages represent the proportion (by area) of each of the nine existing districts that falls
within each of the proposed new districts. The following areas have been excluded from the area
proration:
1. those portions of districts lying West of Levee L-31 and the Southeastern boundary of
Everglades National Park
2. those portions of districts lying within the waters of the Intracoastal Waterway,
Biscayne Bay and the Atlantic Ocean
3. the island of Elliot Key
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