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City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: March 2, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O.
Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of
Life & City Image Communication Strategic Plan Obj./Strategy: 2.5.1 Adopt revised Zoning Code/Land Development Regulations by 2009, including the incorporation of new sign code X Sponsor
Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING A REQUEST
BY FLORIDA MEMORIAL UNIVERSITY FOR A WAIVER OF ONE‐HALF (1/2) OF THE PARKS AND RECREATION IMPACT IMPACT FEE FROM THREE HUNDRED, THIRTEEN THOUSAND, SEVEN HUNDRED EIGHTYTWO DOLLARS AND
60/100 ($313,782.60), TO ONE HUNDRED FIFTY‐SIX THOUSAND, EIGHT HUNDRED NINETY‐ONE DOLLARS AND 30/100 ($156,891.30), IN ACCORDANCE WITH SECTION 34‐97 OF THE CITY’S LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Section 34‐97(e)(f), Impact Fees of the City’s Land Development Regulations (LDRs)
provides for a partial reduction of an impact fee. For example, if privately supplied parks and recreation facilities or services are provided for the use of the residents or occupants
of a project and are of such a nature as to reduce ITEM 10-C) RESOLUTION PUBLIC HEARING Florida Memorial University request for waiver of impact fee
Florida Memorial University Parks Impact Fee Waiver PH‐2011‐000061 2 | P a g e the project's impact upon the city's capital expansion needs, up to one‐half of the applicable fee may
be credited against that service receiving the reduced impact. Current Situation Regarding Florida Memorial University’s new dormitory buildings, the City’s Building Official determined
the parks and recreation impact fees are applicable to the 170 room dormitory development for a total fee of $313,782.60. Details are provided in the attached spreadsheet. Florida Memorial
University is requesting the City Council waive one‐half of the parks and recreation impact fee. After inspection of the property by the City’s Building Official and the Zoning Administrator
it was concluded that the privately supplied parks and recreation space provided on the Florida Memorial University campus qualifies for the waiver of the one‐half of the parks and recreation
impact fee as calculated. The one‐half waiver results in a parks and recreation impact fee of $156,891.30. Proposed Action: Staff recommends City Council approval of the attached resolution
approving the waiver of one‐half of the Parks and Recreation Impact Fee. Attachments: • EXHIBIT “A” Request Letter from FMU
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. 2011____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING
A REQUEST BY FLORIDA MEMORIAL UNIVERSITY FOR A WAIVER OF ONE-HALF (1/2) OF THE PARKS AND RECREATION IMPACT FEE FROM THREE HUNDRED, THIRTEEN THOUSAND, SEVEN HUNDRED EIGHTY-TWO DOLLARS
AND 60/100 ($313,782.60), TO ONE HUNDRED FIFTY-SIX THOUSAND, EIGHT HUNDRED NINETY-ONE DOLLARS AND 30/100 ($156,891.30), IN ACCORDANCE WITH SECTION 34-97 OF THE CITY’S LAND DEVELOPMENT
REGULATIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 34-97(e), Impact Fees of the City’s Land Development Regulations provide that
the City Council may reduce an impact fee in the event privately supplied Parks and Recreation facilities or services are provided for the use of the residents or occupants of a project
and are of a such a nature as to reduce the project’s impact on the City’s capital expansion needs, and WHEREAS, Section 34-97(f) provides for a waiver of up to one-half (1/2) of the
applicable fee to be credit against that service receiving the reduced impact, and WHEREAS, the City’s building official has determined that the Parks and Recreation Impact Fee applicable
to the 170 room dormitory development at Florida Memorial University equates to a fee of Three Hundred, Thirteen Thousand, Seven Hundred Eighty-two Dollars and 60/100 ($313,782.60),
and WHEREAS, Florida Memorial has requested that the City Council waive one-half of the required impact fee, and WHEREAS, upon inspection by the City’s building official and zoning administrator,
it was concluded that the privately supplied Parks and Recreation space on the Florida Memorial University campus qualifies for the waiver of one-half (1/2) of the Parks and Recreation
impact fee as calculated, which would result in a reduced fee
2 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 of One Hundred Fifty-Six Thousand, Eight Hundred Ninety-One Dollars and 30/100 ($156,891.30), and
WHEREAS, City staff recommends that the City Council approve the waiver of one-half (1/2) of the Parks and Recreation impact fee, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same
are hereby made a specific part of this Resolution. Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby approves a waiver request by Florida Memorial University
of one-half (1/2) of the Parks and Recreation Impact Fee from Three Hundred Thirteen Thousand, Seven Hundred Eighty-Two Dollars and 60/100 ($313,782.60), to One Hundred Fifty Six Thousand,
Eight Hundred Ninety-One Dollars and 30/100 ($156,891.30) in accordance with Section 34-97 of the City’s Land Regulations. Section 3: EFFECTIVE DATE: This Resolution shall take effect
immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS ZONING MEETING HELD ON ____________, 2011. ___________________________________
SHIRLEY GIBSON, MAYOR ATTEST:
3 60 61 62 63 64 65 66 67 68 69 70 71 72 73 __________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY:
DR. DANNY O. CREW. CITY MANAGER Moved by: __________________ VOTE: _________ 74 Mayor Shirley Gibson ____ (Yes) ____ (No) 75 76 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) Councilwoman
Lisa Davis ____ (Yes) ____ (No) 77 Councilman Oliver Gilbert,III ____ (Yes) ____ (No) 78 79 Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes) ____
(No) 80 _______________________ ____ (Yes) ____ (No) 81 82 83 84 85
Florida Memorial University Parks Impact Fee Waiver PH‐2011‐000061 3 | P a g e EXHIBIT “A” REQUEST LETTER FROM FMU