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Home My WebLink AboutO-11438J-96-1150 11/4/96 11438 ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 62 OF THE CITY CODE, AS AMENDED, ENTITLED: "ZONING AND PLANNING FEES," TO CLARIFY LANGUAGE REGARDING FEE SUBMITTALS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. .r.%,j WHEREAS, the Miami Planning Advisory Board, at its meeting of October 16, 1996, Item No. 2, following an advertised hearing, adopted Resolution No. PAB 51-96 by a vote of eight to zero (8-0), RECING APPROVAL of amending Chapter 62 of the Code of the City of Miami, Florida, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend the Code of the City of Miami; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Chapter 62, Article V1, of the Code of the City of Miami is hereby amended as follows:l/ "CHAPTER 62 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 i unchanged material. 11438 . Ar ZONING AND PLANNING ♦ • A ARTICLE VI. ZONING AND PLANNING PEES R R ♦ SEC. 62-62 Request for review. (E) All requests for review of decisions of the zoning administrator or the director of the department of planning, camm+unity nlanni ng and vi Aj j s nn or by the zoning board under Article 18, Ordinance No. 11000 (except agencies of the city) shall be accompanied by a fee of four hundred dollars ($400.00), provided, however, if at least twenty (20) percent of the property owners located within three hundred seventy five (375) feet of the subject property which has been granted a class I or class II special permit shall, in writing, request review within the time limitations set out, then no review fee shall be charged. M All requests for review of decisions of the zoning board as reviewed under articles 16 and 19, Ordinance No. 11000, of the city, except those requests for review initiated by an agency of the city, shall be accompanied by a fee which shall be the equivalent of the fee originally charged the applicant as set out in section 62-61, with a maximum fee per review request of six hundred fifty dollars ($650.00); provided, if any owner in fact of property within three hundred seventy five (375) feet of a property involved in a decision of the zoning board shall in writing request review within the time limits set out, then no fee 2 1.1438 06 I shall be charged as a prerequisite to consideration by the city commission of the request for review, (C) zoning items scheduled to be heard by the city commission can be withdrawn, deferred, rescheduled or denied as set forth by city commission policy. Items rescheduled before the city commission reaeh*duiad at t_he app i nnnh l s requestrequent shall be assessed a rescheduling fee based on the original fee, not to exceed five hundred dollars ($500.00), such fee to be paid by the applicant. (d)Where the city commission itself may initiate a request for review, such request shall be initiated only by duly adopted resolution of the city commission. (e) A11 fa_es for req +taste for raviaw or rosacharlisling; of items w Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section S. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. 1.1438 nsi WO 0 PASSED ON FIRST READING BY TITLE ONLY this 21st day OF November , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of January , 1997. yA%TT ;,4. HALTER Jb CITY CLE PREPARED AND APPROVED BY: , JPELJ E . MAXWELL ,DEPqTY CITY ATTORNEY `•..APPROVED AS TO DORM AND CORRECTNESS: A. NNN109NES, III CITY A7PAZY M196.DOC 4 11438 ft: A r PZ-19 ' >QRA�BD tEADIwG PLANNING FACT SHEET APPLICANT Department of Community Planning and Revitalization APPLICATION DATE October 2nd, 1996 REQUESTILOCATION Amendment to Section 62-62 of the City Code. LEGAL DESCRIPTION Not applicable PETITION Consideration of amending Chapter 62, Artide VI *Zoning and Planning Fees', of the Miami City Code, as amended, by amending Section 62-62, in order to clarity appeal procedures pertaining to the deadline for payment of the appeal fee. PLANNING Approval. RECOMMENDATION BACKGROUND AND Thus far the exact time at which the Bees addressed by this ANALYSIS proposal are due has been subject to interpretation due to the lad* of spec" in the governing regulations. The subject amendment to the City Code is necessary in order to r set forth dearly and explicitly, in the applicable regulatory document, the time at which fees shall be paid for review of • administrative decisions and zoning board decisions pursuant to ✓ article 16 of the zoning ordinance. PLANNING ADVISORY BOARD SPProval - VOTE: 8-0. CITY COMMISSION Passed first reading on CC 11/21/96. Continued from CC 12/12/96. APPLICATION NUMBER 96-268 October 16,1996 Item #2 Page 1 11438 RESOLUTION PA1B - 51-96 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE CODE OF THE CITY OF MIAIVIY, AS AMENDED, BY AMENDING CHAPTER 62, ARTICLE VI "ZONING AND PLANNING FEES", OF THE MIAMI CITY CODE, AS AMENDED, EY AMENDING SECTION 62-62, IN ORDER TO CLARIFY APPEAL PROCEDURES PERTAINING TO THE DEADLINE FOR PAYMENT OF THE APPEAL FEE. HEARING DATE: October 16, 1996 VOTE: 8-0 s►/ f t193803� 7 NOT= All waataalar H� ale itHlls neNse ar.i� Ills sM a Jraatn• sro.1w. site ft OatllsRasltan s1 MfelRL IYOM, f�� I1Hlissr• kw tilled Ate a mss; 0I111NUMNL NpM AN OIEMH.AM 011CLARS14 A 90t fillMONTH 11110w I ON THE AIOt�NT ON 11 pR10N& PWI PUTT . PI10PlI W APPLICANXIS PM MIAMI DAILY BUSINESS REVIEWTIAlL POCK p00F no 'i�DS Ptibllsf Day exaepl eawdey. Bey and COVtRED TON1A NA ADDITION!; OR AL.TIiN1AT1tm LOW HOMdayO WITH VARINIM VU VJDAICT TO PA"Nil! W Miami. i. Dads CM*. Florkle. APPLlIDAlILE' P1116 AIIHDIMlMO W V1IY COMAW STATs OF FLOINDA s1h� AHUD �' AID OOINIANCE WITH ALL OWlIN COUNTY OF DADL. RIEOIAI 'CIMAMNGI A RWS- AM PIIDi1MIDN NO A M�1E-11 CLA DE- AND saw* the amds o rrsd eutha tty Personally ppssrod PROVDINiN MIR AN VVIO T DAIT. _ Oatelans V. Fsrbelm. who on oath says that she Is the supervVkm tame Nodose of 1 Miami Ashy suansas AN � Irli � � LAND USE Raasw tnln MlotnO flsdlsw, a dsMy teeoepi salturdey, iiarday and Lao HHaNdsya) neeuspow Pebliefned st Mired In Dells MAP, OF THE OOLlP1 M1VE 1II1 OO PLM County, Florida, that the setaahsd oopy of advertisement, GY CHANOM THE LAND PE OEUIti ATI0 0 OP ,sing a L 90 Adnaftlasn M of flotlos In the I WIN of PROPER11a LOCAISD AT ARMOIEMTE V 3" AND lOpM NDR"fWW UM 61RlEET,.PTiOM ifaw 7111cm 09iMEIQA1.1- TO CITY OF MIAMI MAHtiM FROM MC ON== Asa pp AFFECTED AGEMCIM OONTANNti A FOOD - ORDINANCE NO . 11438 VGKM AND A IIEVIIAAlIKM CLAU E: NO fROVe" FOR AN 9FPECTM TUATIL ON DNV&O=N0.1sw in ths.«.«...M....... K3jj(3fX «.............«...»«... - Cant. #A ORDINANCE A EfOMq THE Z0HMG1 ATLAM IN,- was pubNstasd In atld rNwspapsr In the Issues of CH ANGMQI � Z CLAS�ICIITHON. Pn C�1 REaTRICTEO COLMERGAL TO C4 LIOERAL, CO MER, Mar 5, 1997 CftI FOR THE PROPERTIES LOWE10 AT. AAPROeK W ATELY 301-M AND 306N NORIHWEldiS M STREET, MIAI M, - AND BY MANNI ALL iiijiARY CHAM3E8 CH PAWS 13, AM'1t OF'SAD 2UDiMli ATLAS C0HTAMMIHO A RIMMM PROV911MAND W. Afflant tuethim says that the sold Mimi Dally Buskmes ERASILITY CLAM. Raw" is a nswppw pubilshsd at Miami In said Deft Coaarnty. PlorUde, end tfaat the said ruswspslnw her tnsrstofae ORDNANCE NM been continuously pubWfwdin said Dells County, FWft AN ORDNANCE ww'Tnc CITY sash day Auos" sat wft. sundry end Leo HHosdaye) end COOS, AS AfAE1HDE0��: AM PI:AN. . has been &-to as second class mall matter at ON post NW FED,' TO CLARIFY �� FEE dress in Miami In said Dads County. FlonUde, for a psAod of SUHMLITTALS; CONTANstt10 A PFKWMOM one yaw next praoa I dns Anal pabUlcagR of tta steachsd AND SEVE11101aLITY t:UUF- AND. PiP t'IVDNti FOR AM oopy of adver1wrmt; and afltent f m dw that she has EFFECTIVE DAM nelthel pad nor any of cu iicsd n the sad AN OFK"NCE AMENDM THE M" 0RDKAHCE Blf AMENDM ARTICLE 9. BL SECTI N s10,5, TO r MODIFY IELEASE PROCEMI E8 F37R UNITY OF TM AGREEMEM CONTAMHi1H0 A REPEALER r PROM" AND A SEVERABLITY CLAUSE: AND PFUNE M1t3 FOR AN EFFECTIVE DATE. Ic and subecribed before me this NOi,11 5 March 97 MI ORDNMICE Na80Nq THE CITY COW CHAPTER A.0.1l...« 4, EKTITLE(k 'ALCOHOLIC IIEIIERAGW BY AMENOMHt3 SECTION 4-14 FELATNHO TO DIIITANC,E itEPARgT10I1 BY YOOFVM TIE 00TANCE UWARATIOM ESTAOLIN4113 Tr JIM THE ffi0 DEaHOM :ftATA= t LI R�� OfFtCiAI NOTARY SEAL d11AL .01MTR�,r1 PURIfIK LIP6 ' DATING TlM - CH911TRAL OOLMiRDW Aill;lTOf1T DIPM JANM LLERENA NATgNTOlICt=THE 1L1011Dwtlodt$;E1TAN• p OafsMtna V. SNON NuwnEa IQ: A• 446PEALE N fPA0111MM -AND, A S1EUIB@A0011Y ?K s► CC566004 CLAIJIE:AND PRO 0111113FORANE#FOCTMDAIL - "�G fAY COIIJVWIONEXPIRES OMOHIMIlCR1I�.11i�t1 3: .. OF FV JUNE 23,2000 AN 1w..21t1o" ORt9Mi"" tTY AIaftupwomfi aITaittfaTO�IQoti B rAetuTY a.A FlUN I�R AN EFFECTIVE DATE. Said ordirwuoa. maybe kopsaled by the public at Ara Ofboe of the F bay. * � hokIey bs!w' t Flan Amedwn ems' o a des' i o"Qh WALTER J. FOEMAN CITY CLERK I 315 �� s/�-03061NA