§ 33-303.1. Developmental Impact Committee.
(A)
There is hereby established a Developmental Impact Committee (DIC), which shall serve as a developmental review committee, composed of members representing the following County departments and agencies or their successor departments or agencies:
(1)
Department of Public Works and Waste Management; two (2) members consisting of one representative from the Traffic Division and one representative from the Solid Waste Division.
(2)
Department of Regulatory and Economic Resources; three (3) members consisting of one representative from the Division of Environmental Resource Management, one representative from the Division of Planning, and one representative from the Development Services Division.
(3)
Parks, Recreation and Open Spaces Department.
(4)
Miami-Dade Water and Sewer.
(5)
Miami-Dade Police Department, consisting of a representative with responsibility for budget and the District Commander of the district where the application is located, or his or her designee.
(6)
Fire Rescue Department.
(7)
Miami-Dade Transit Department.
(8)
Metropolitan Planning Organization.
(9)
The County Mayor shall invite the School Board of Miami-Dade County, Florida and the South Florida Water Management District each to assign a permanent representative to the Developmental Impact Committee who shall remain permanent employees of the School Board and the district respectively.
(10)
Whenever the Developmental Impact Committee is to consider a development of County impact that is proposed in a municipality, representatives of the municipal government shall be invited to serve and participate as ex officio members of the Committee upon all matters relating to the said development.
(B)
The Executive Council of the Developmental Impact Committee (Executive Council) shall consist of representatives from the following Departments: Department of Regulatory and Economic Resources; Department of Public Works and Waste Management; Water and Sewer Department; Parks, Recreation and Open Spaces Department; Transit Department; the Secretariat of the Metropolitan Planning Organization (MPO); and the County Mayor or his or her designee. Each Department shall be represented by the Director or an Assistant Director, except that the Department of Regulatory and Economic Resources shall be represented by two of the following: the Director, the Assistant Director for Development Services, or the Assistant Director for Environmental Resources Management. Each member may assign staff of the respective department to act on his/her behalf as needed. The Executive Council shall discharge such duties and functions as conferred by the Code of Miami-Dade County, Florida and by the ordinances, rules and regulations approved by the Board of County Commissioners. The duties and functions of the Executive Council Chair shall be assumed by each of its members on a rotating basis as needed.
(C)
Each named department shall appoint a representative or representatives to the Committee who shall serve full-time in that capacity unless otherwise permitted by the Chairman. The Chairman and members of the Committee shall be furnished with such administrative and clerical assistance as the County Manager deems necessary. They shall sit en banc and shall hold such meetings as required by the Chairman or as prescribed by this section.
(D)
Duties of the Executive Council of the Developmental Impact Committee. The Executive Council shall perform the following duties:
(1)
Review and make recommendations concerning all applications submitted after January 1, 2014 for development approval of a new development of regional impact. The Board of County Commissioners' decision on any such application shall be within the scope of that which was reviewed by the Executive Council of the Developmental Impact Committee.
(2)
Upon application, determine whether a development of regional impact ("DRI") is essentially built out and issue an appropriate order.
(a)
As used in this subsection "essentially built out" shall mean:
(i)
The development is in compliance with all applicable terms and conditions of the development order except the build out date; and
(ii)
Either:
(A)
The amount of the development that remains to be built is less than the substantial deviation threshold specified in § 380.06(19)(b), Fla. Stat, as amended, for each individual land use category, or, for a multi-use development, the sum total of all unbuilt land used as a percentage of the applicable substantial deviation threshold is equal to or less than 100 percent; or
(B)
The Developmental Impact Committee has determined, after the state land planning agency has previously agreed in writing, that the amount of the development to be built does not create the likelihood of any additional regional impact not previously reviewed.
(b)
Hearings before the Executive Council pursuant to this subsection shall be noticed in the same manner as applications filed before the Community Zoning Appeals Boards pursuant to Section 33-310 for modifications of DRIs.
(c)
The Executive Council determination that a DRI is essentially built out may be appealed, within fourteen (14) days to the Board of County Commissioners pursuant to the provisions of Section 33-314, Code of Miami-Dade County. The fourteen (14) day appeal period provided herein shall commence on the fourteenth day after transmittal of an order of the Executive Council to the Director. Where the fourteenth day falls on a weekend or legal holiday, the appeal period shall be deemed to extend to the next business day. If the DIC determination is not appealed, the determination shall become final.
(3)
Assist the Director in the preparation of a development manual prescribing uniform standards of, and procedures for, development in Miami-Dade County.
(4)
Establish, and from time to time amend, rules and regulations relating to the preparation of site plans, and other matters, which will assist the general public in complying with the provisions of this section, or such other ordinances relating hereto as may be enacted; provided, however, that such rules and regulations, and amendments thereto, shall only become effective when approved by the Board of County Commissioners following public hearing thereon and filed with the Clerk of the County Commission.
(5)
Serve, in their individual capacities as Committee members, as liaison to the respective County departments or agencies on all matters herein prescribed.
(6)
Render preliminary opinions, following preapplication conferences, if requested, on development impacts of zoning applications as established by rule and regulation.
(7)
Assist in the preparation and updating of a capital improvement program for Miami-Dade County.
(8)
Encourage in any manner deemed appropriate by the Developmental Impact Committee responsible citizen contributions to its deliberative processes prior to making final recommendations to the Board of County Commissioners.
(9)
Perform such other functions as prescribed by the County Mayor.
(10)
Recommend a reasonable review fee to be established by implementing order. No such implementing order shall be effective until approved by the Miami-Dade County Board of County Commissioners.
(11)
Serve as the Land Development Regulation Commission as provided for in Section 163.3164, Florida Statutes, and develop, recommend and review land development regulations, or amendments thereto, and make recommendations to the Board of County Commissioners as to the consistency of the proposal with the Comprehensive Development Master Plan.
(12)
Review and make recommendations to the Board of County Commissioners concerning all development agreements as defined in Section 33G-8 as required by Section 33G-8((a) and (b)) of the Code of Miami-Dade County.
(E) Duties of the Developmental Impact Committee (DIC). The DIC shall perform the following duties:
(1)
Review, pursuant to the criteria provided herein, those applications for zoning action or development as defined in Section 33-302 which constitute developments of County impact or which, if granted, could result in developments having a significant impact on the natural and human environment of Miami-Dade County, Florida. Such developments shall include but not be limited to those listed in Section 33-303.1(E)(2). The review criteria shall be as follows:
(a)
The development, as proposed, conforms to the Comprehensive Development Master Plan for Miami-Dade County, Florida, and is consistent with the recommendations of any applicable neighborhood or area studies or plans which have been approved by action of the Board of County Commissioners, or is otherwise compatible with the existing area or neighborhood development;
(b)
The development would serve a public benefit;
(c)
The development, as proposed, will have a favorable or unfavorable impact on the environment and natural resources of Miami-Dade County, including a consideration of the means and estimated cost necessary to minimize the adverse impacts, if any; the extent to which alternatives to alleviate adverse impacts may have a significant impact on the natural and human environment, and an identification of any irreversible or irretrievable commitment of natural resources which would be involved should the development be implemented;
(d)
The development, as proposed, will have a favorable or unfavorable impact on the economy of Miami-Dade County, Florida;
(e)
The development, as proposed, will efficiently use or unduly burden water, sewer, solid waste disposal, education, recreation or other necessary public facilities which have been constructed or planned and budgeted for construction in the area;
(f)
The development, as proposed, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, public streets, roads and highways, which have been planned and budgeted for construction in the area, and if the development is or will be accessible by private or public roads, streets, or highways.
(2)
Except for applications which seek only non-use variances and/or a modification of a condition(s) or covenant(s) and which do not approve a change of use or an increase in the floor area for any and all nonresidential use(s), review County zoning actions which are:
(a)
Required by the regulations to be taken after public hearing, and which would allow individually, or cumulatively within an independent development parcel:
1.
Residential developments involving in excess of two hundred fifty (250) dwelling units.
2.
Business uses involving in excess of ten (10) acres or one hundred thousand (100,000) square feet of retail floor area, or one thousand (1,000) vehicle off-street parking space capacity.
3.
Recreational, cultural, or entertainment facilities involving in excess of one thousand (1,000) vehicle off-street parking space capacity for single performance or twenty (20) acres.
4.
Office buildings or office complexes involving in excess of one hundred twenty-five thousand (125,000) square feet of floor space, or one thousand (1,000) vehicle off-street parking space capacity.
5.
Industrial, processing or manufacturing activity involving fifty (50) acres, or five hundred (500) vehicle off-street parking space capacity.
6.
Hotel and/or motel developments involving in excess of two hundred fifty (250) units.
7.
All planned area developments.
8.
Mixed-use developments with two (2) or more of the land use types specified in Subsections (E)(2)(a) 1 through 6 above where none of the individual land uses in the development meet or exceed the thresholds listed in Subsections (E)(2)(a) 1 through 6 above and where the sum of the percentages of the appropriate thresholds listed in Subsections (E)(2)(a) 1 through 6 above for each applicable land use in the development is greater than one hundred thirty (130) percent. Where a development addresses more than one (1) threshold within a particular land use type listed in 1 through 6 above, then the threshold in that land use type which generates the highest percentage shall be utilized in the calculation of the total mixed-use percentage for the subject development.
(b)
Required by the regulations to be taken after public hearing, which zoning action would change in any respect an existing resolution pertaining to an application reviewed by the Developmental Impact Committee, and is presumed to constitute a substantial deviation. All such applications for change shall be presumed to request substantial deviation, unless the requested action neither equals, exceeds, or conflicts with either of the following limitations and standards:
1.
An increase in the number of dwelling units of twenty (20) percent or one hundred (100) units, whichever is less.
2.
An increase in the floor area for nonresidential uses of twenty (20) percent or thirty thousand (30,000) square feet, whichever is less;
The foregoing presumption of substantial deviation shall not apply whenever the Director determines that the requested modification would not constitute a potential negative impact under the guidelines of Section 33-301.1(D)(1).
(c)
The DIC shall address the extent to which the development permitted by the approval of a zoning action will efficiently use or unduly burden water, sewer, solid waste disposal, education, recreation, or other necessary public facilities or public transportation facilities, including roads, streets, and highways, which have been constructed or planned and budgeted for construction in the area, and whether the proposed development will have a favorable or unfavorable impact on the economy of Miami-Dade County, Florida.
(d)
The DIC shall promulgate rules and regulations establishing guidelines, criteria, and procedures for the expeditious review of all said zoning actions involving site or plot use plans. In establishing such criteria, the DIC is instructed to encourage originality, increase residential amenities, enhance the appearance of the neighborhood, and, where possible, to preserve the natural features and encourage the best utilization of the land for the benefit, use, and enjoyment of future residents and owners of the property consistent with the overall good of the community.
(3)
Review all applications for public charter school facilities and all applications for expansions or modifications to existing public charter school facilities.
(4)
Review on behalf of Miami-Dade County declarations of restrictive covenants running in favor of Miami-Dade County and proffered by applicants for public charter school facilities that are exempt pursuant to Section 33-161 of this Code from the zoning hearing process in this article, provided that said declarations provide for development restrictions or enhancements that will ensure development of proposed charter school facilities that are consistent with the Comprehensive Development Master Plan and with applicable zoning regulations.
(5)
Comments by the Developmental Impact Committee shall be considered by the Director in making the Director's recommendation to the applicable board.
(Ord. No. 75-47, § 2, 6-18-75; Ord. No. 76-51, § 1, 6-1-76; Ord. No. 76-56, § 1, 6-15-76; Ord. No. 76-107, § 2, 12-7-76; Ord. No. 77-3, § 1, 1-4-77; Ord. No. 80-93, § 1, 9-16-80; Ord. No. 82-4, § 2, 2-2-82; Ord. No. 83-59, § 2, 7-19-83; Ord. No. 87-48, § 1, 7-7-87; Ord. No. 88-50, § 1, 6-7-88; Ord. No. 89-10, § 4, 2-21-89; Ord. No. 89-66, § 2, 7-11-89; Ord. No. 91-24, § 2, 2-19-91; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 21, 9-3-98; Ord. No. 98-176, § 1, 12-3-98; Ord. No. 99-123, § 3, 9-21-99; Ord. No. 00-31, § 2, 2-24-00; Ord. No. 01-87, § 1, 5-8-01; Ord. No. 03-133, § 1, 6-3-03; Ord. No. 04-108, § 3, 6-8-04; Ord. No. 09-76, § 1, 9-1-09; Ord. No. 11-86, § 1, 11-15-11; Ord. No. 13-16, § 3, 2-5-13; Ord. No. 14-70, § 1, 7-1-14)
Annotation— AO 4-58.