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Home My WebLink AboutAgenda Item Summary Formikt} Do IAGENDA ITEM SUMMARY FORM { f� 4 jPT4 Second Reading tl 7{ 6 a ra 1 IN.-IM P4%L! Date: 03/31/2020 Requesting Department: Department of Planning Commission Meeting Date: 10/08/2020 Sponsored By: Type: Ordinance District Impacted: All Subject: Amend Code - Chapter 62 - Zoning and Planning Fees (Cap of Appeal Fees PURPOSE OF ITEM: This item is an Ordinance of the Miami City Commission amending Chapter 62/Article VI of the Code of the City of Miami, Florida, as amended, entitled "Zoning and Planning Fees," more particularly by amending Section 62-22 entitled "Schedule of Fees", Section 62-23 entitled "Request for Review and Appeal," and Section 62-25 entitled "Waiver of Fees," to provide clarification on Planning and Zoning appeal fees, cap certain Planning and Zoning appeal fees, and provide for a refund procedure of appeal fees; containing a severability clause and providing for an effective date. Budget Impact Analysis Item has NO budget impact Item is NOT Related to Revenue Item is NOT funded by Bonds Reviewed By City Commission Todd B. Hannon Meeting Completed 05/28/2020 9:00 AM Department of Planning Kemarr Brown Department Head Review Completed 08/21/2020 7:44 AM Office of Management and Budget Fred Pericles Budget Analyst Review Completed 08/23/2020 11:39 AM Office of Management and Budget Christopher M Rose Budget Review Completed 08/25/2020 5:44 AM City Manager's Office Nzeribe Ihekwaba Assistant City Manager Review Completed 08/25/2020 11:20 PM City Manager's Office Arthur Noriega V City Manager Review Completed 08/26/2020 4:19 PM Legislative Division Valentin J Alvarez Legislative Division Review Completed 08/26/2020 4:25 PM Office of the City Attorney Amber Ketterer ACA Review Completed 08/27/2020 4:21 PM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 08/27/2020 5:31 PM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 08/27/2020 8:29 PM City Commission Todd B. Hannon Meeting Completed 09/10/2020 9:00 AM Legislative Division Valentin J Alvarez Legislative Division Review Completed 09/24/2020 7:25 PM Office of the City Attorney Amber Ketterer ACA Review Completed 09/25/2020 10:22 AM Office of the City Attorney Barnaby L. Min Deputy Attorney Review Completed 09/25/2020 10:54 AM Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 09/28/2020 12:41 PM City Commission Nicole Ewan Meeting Completed 10/08/2020 9:00 AM Office of the Mayor Mayor's Office Unsigned by the Mayor Completed 10/14/2020 4:44 PM Office of the City Clerk City Clerk's Office Signed and Attested by the City Clerk Completed 10/14/2020 7:11 PM Office of the City Clerk City Clerk's Office Rendered Completed 10/14/2020 7:11 PM City of Miami File ID: 7294 (Revision:) Printed On: 111612020 - City of Miami City Hall Legislation 3500 Pan American Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:13927 File Number: 7294 Final Action Date: 10/8/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 62/ARTICLE VI OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ZONING AND PLANNING FEES"; MORE PARTICULARLY BY AMENDING SECTION 62- 22 OF THE CITY CODE, TITLED "SCHEDULE OF FEES", SECTION 62-23 OF THE CITY CODE, TITLED "REQUEST FOR REVIEW AND APPEAL", AND SECTION 62-25 OF THE CITY CODE, TITLED "WAIVER OF FEES", TO PROVIDE CLARIFICATION AND UPDATES ON CERTAIN PLANNING AND ZONING FEES, TO CAP CERTAIN PLANNING AND ZONING FEES, AND TO PROVIDE CLARIFICATION FOR REFUND OF APPEAL FEES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), contains fees for planning and zoning requests including permits issued pursuant to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City of Miami ("City") wishes to clarify and make necessary adjustments to the fees relating to planning and zoning permits provided for in the Miami 21 Code; and WHEREAS, the City wishes to ensure that appeal fees do not impede access to the public hearing process; and WHEREAS, the City wishes to cap certain appeal fees; and WHEREAS, the City wishes to provide guidance as to how appeal fees may be refunded; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Chapter 62/Article VI of the Code of the is amended in the following particulars:' "CHAPTER 62 PLANNING AND ZONING 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanaed material. City of Miami File ID: 7294 (Revision:) Printed On: 111612020 ARTICLE VI. ZONING AND PLANNING FEES Section 62-22. Schedule of Fees (b) Fee Caps. The maximum application fee to be charged any governmental agency other than the city for any public hearing shall be $1,000.00 per hearing. ii The maximum application fee to be charged any religious institution or any institution of an eleemosynary character for any ^hanne of nr „-rian,+e public hearing shall be $1,000.00 per hearing;. Any institution so applying shall submit a copy of a recent affirmation letter from the Internal Revenue Service as well as a copy of its articles of incorporation to the director of the planning andg department or his/her authorized designee(s) for review prior to acceptance of the application. (c) All fees in excess of $25,000.00 shall be paid in the form of a certified check, cashier's check, or money order. (d) All applicants, persons, or organizations requesting a public hearing on any other item shall pay the advertisement fee and the notice fee pursuant to Section 62-22(a). Sec. 62-23. Request for review and appeal (a) Fees for anneals of Appeal fees for planning determinations of use-' - zoning interpretations-,,- mural appeals; any appeal of an appealable decisin by the Planning, Zoning and Appeals Board to the City Commission, including but not limited to a decision on an alternate method alley closure; or any other as#ieps appeals otherwise not covered in the City Code this ^hapter p Fs part to Miami 21 ZGRiR v GFdiY1aRGe' shall be accompanied by an appeal fee of $800.00; unless the decision applies to a specific property; and at least 60 percent of the property owners located within 500 feet of the subject property request an appeal in writing, then no appeal fee shall be charged. appliGa Rt at the time of iRitial S bFniccieR of aR appli^atieR fer aRYyaFi RGe and ' " - -I E)Fi appliGatiGR ad fee ye YtisemeRtfee a Rd RGtiGe fee paiGi• shall pay the appli^ahle REAGe fee er l" (b) Appeal fees for variances, exceptions, waivers, and warrants shall be the equivalent of the original application fee. Abutting property owners shall not be required to pay an appeal fee. (c) The advertisement fee and the notice fee pursuant to Section 62-22(a) shall apply to all appeals. (d) Ap,peals BeaF^,r he ,.,ithdFaWr An applicant or appellant, as applicable, that solely City of Miami File ID: 7294 (Revision:) Printed On: 111612020 requests its application or appeal to be deferred, continued, or rescheduled by any body nr dRAMR`J Urns rocnhpd- -IR , + " �nnlinan+'c nr +ho annollan+'c request shall be assessed a rescheduling fee based on the original fee, not to exceed $1,000.00. Such fee iRGI61diRg plus a4vg advertisement fee and notice fee, if rid- shall be paid by the applicant or appellant, as applicable, prior to the item being rescheduled. (e) The planninn Znninn and anneals beard nr the city commission may initiate a request for review;and such request shall be initiated only by duly adopted resolution of the commission. 19-GArurd A-F the pity Gn�mmmi66iGR a�c�rri��S SeG�n shall ho dl io at the time of ea rocrhd' ilinn N1T (f) The maximum appeal fee to be charged for any appeal shall be $5,000.00 plus advertisement fee and notice fee. Sec. 62-25. Waiver and refund of fees. (a) Waiver of fees. The fees required under this chapter may be waived by the director of planning and ZGRORg aP4 or the zoning administrator, as applicable, for entities and agencies of the city. (b) Refund of fees. Application, advertising, and noticing fees authorized by Section 62-22 and Section 62-23 shall not be refunded once remitted to the City. *„ Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i "ndez, Cify Attor iey 8/27/2020 i ria i dez, Cify Attor iey 9/28/2020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein. whichever is later. City of Miami File ID: 7294 (Revision:) Printed On: 111612020