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Home My WebLink AboutO-11472J-97-52 3/10/97 11472 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 62-61 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED: "SCHEDULE OF FEES," INCREASING VARIOUS FEES SET FORTH IN SAID PLANNING AND ZONING MATTER RELATED FEE SCHEDULE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a period exceeding ten (10) years has elapsed since the last significant increase in the fees set forth in the subject Planning and Zoning fee schedule ("Fee Schedule"); and WHEREAS, during the concomitant period, above mentioned, the City of Miami has experienced a significant increase in the cost of administering and regulating the planning and zoning related activities set forth in the revised Fee Schedule; and WHEREAS, the current Fee Schedule does not accurately reflect the actual cost incurred by the City in staff time for technical review, analysis and public hearing process often required for zoning and planning applications; and WHEREAS, the variations in costs set forth in the following revised Fee Schedule are attributable to differences in the level of technical review required for each type of application; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11472 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. Section 62-61 of the Code of the City of Miami, Florida, as amended, is hereby amended in the following particulars: I' "CHAPTER 62 ZONING AND PLANNING ARTICLE VI. ZONING AND PLANNING FEES Sec. 62-61. Schedule of fees. Any application for a change in the district classification or modification of the regulations affecting any property or for a plan amendment or for any special permit required by the zoning ordinance, shall be accompanied by an application fee in the amount set forth opposite the requested item in this section: (1) Change of zoning district classification to: CS, PR, R-1, R-2, per square foot of net lot area..................... $0.12 15 Minimum ................... 550:-00 635.00 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 unchanged material. -2- 11 72 El • (2) (3) R-3, R-4, O, G/I, HP-, per square foot of net lot area ..................... Minimum ................... C-1, C-2, I, per square foot of net lot area..... Minimum ................... CBD and all SD's, per square foot of net lot area ..................... Minimum ................... Application to amend the comprehensive plan to: Conservation, recreation, residential single- family, residential duplex........ Residential medium density multifamily .............. Residential high density multifamily, office, major public facilities, transportation/utilities. Commercial/restricted, commercial/general and industrial ............... Commercial (CBD).......... Surcharge for advertising each item ................ Variances: CS, PR, R-1, R-2, (single- family and duplex residential uses)........ Piers, docks, wharves and the like, for each variance from the ordinance, per lineal foot Minimum .................. _• •• •11 11 ••• •• 11 11 -3- 11472 (4) (5) All applications for variances relating to the same structure shall be assessed a single fee to be calculated per square foot of gross floor area of the proposed structure or addition, based upon the definition of gross floor area found in section 23502 of Zoning Ordinance No. 11000, as amended .................. Minimum ................... Application for variance as a result of a change in approved plans or as a result of a violation notice shall be charged an additional fee, per variance: CS, PR, R-1, R-2.......... All other residential districts ................ All nonresidential districts ................ Extension of time for variance ................. Special permits: Garage sale permit........ Class I, except that for renewal of home occupation licenses for citizens aged sixty-five (65) and over, and for applications under section 907.4, the fee is waived ................... Special exception........... -4- 11472 Special exception requiring automatic city commission review........ "'_- ^�0 2,000.00 Extension of time for special exception........ 400.00 500.00 (6) Vacation of public right - of -way: (a) Original submittal: Per square foot of right- of-way ................. 0.75 .90 Minimum .................. 1,000.00 1,200.00 (b) Resubmittals: Per square foot of right- of-way ................. 0.75 _ - Minimum .................. ,00A.0() 1,200.00 Maximum .................. 1,500.00 1,700.00 (7) Petition for public hearing not covered elsewhere in this section ................ 650.00 800.00 Petition for public hearing not covered elsewhere in this section requiring city commission review...... ',_ ^�Q 2.000.00 (8) Certain resubmittals: In the event that any application affecting land use is remanded to the city commission or any city board, department or agency by a court of competent jurisdiction or that the underlying land use legislation is declared unconstitutional, an applicant who resubmits a similar application encompassing an identical site plan shall pay an administrative fee which shall be equal to fifteen -5- 11472 (15) percent of the then - current application fee plus all advertising costs incurred by the city in relation to the resubmittal. (9) Public hearing mail notice fees, including cost of handling and mailing per notice..... 3.00 3-50 The maximum f o be charged�any governmental agency other than the city for anypublic hearing shall ne be nine hundred dollars (.$900.00)_ The maximum fee to be charged any institution of an eleemosynary character for any change of zoning or variance shall be eft hndre—de3lars nine hundred dollars ($900.001; any institution so applying shall submit its articles of incorporation to the director of the department of planning, building and zoning for a review prior to acceptance of the application. A surcharge will be collected at the time of application for item (3) above, special exception and special permits under item (5) above, or combination thereof, equal to the initial fee, not to exceed e}x hundred fifty dollars ) eight hundred dollars ($800.001, except from agencies of the city; such surcharge to be refunded to the applicant if there is no appeal from a property owner within three hundred seventy-five (375) feet of the subject property. Sec. 62-62. Request for review. (a) All requests for review of decisions of the zoning administrator or the director of the department of planning, building and zoning 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` five hundred dollars ($500.001, provided, however, if at least twenty (20) percent of the property owners located within three hundred seventy-five (375) feet of the subject property which has been granted a class I or class II special permit shall, in writing, request review within the time limits set out, then no review fee shall be charged. (b) All requests for review of decisions of the zoning board as reviewed under articles 16 and 19, Ordinance No. 11000, of the City, except those requests for review initiated by an agency of the city, shall be accompanied by a fee which shall be the equivalent of -6- 11472 the fee originally charged the applicant as set out in section 62-61, with a maximum fee per review request of s i x hundred€ If ty E1911ars ($ 6 5 n 0 0) eight hundred dollars ($800.00); provided, if an 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 shall be charged .as a prerequisite to consideration by the city commission of the request of 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 shall be assessed a rescheduling fee based on the original fee, not to exceed five hundred dollars ($500.90) six hundred dollars ($600 _ 00), such fee to be paid by the applicant. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 27th day of February , 1997. -7- 11 4 '7 2 0 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 20th day of March 1997. CITY CLERK PREPARED AND APPROVED BY: iLEDWARD MAX LL Y CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY A W239JENf:BSS:mis 11472 CITY OF MIAMI, FLORIDA *A INTER -OFFICE MEMORANDUM 24. TO PATE FILE Honorable Mayor and members FM 19 07 of the City Commission SUBJECT : Increase in Planning and Zoning Fees FROM REFERENCES: dward z City Manag ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission approve the attached ordinance increasing a series of fees for Planning. and Zoning applications. BACKGROUND The requested increase in planning and zoning fees is. for the purpose of accurately reflecting the cost of processing the specific types of applications involved. It is estimated that the last fee update took place over ten years ago and as a result the fees presently charged no longer accurately cover the cost in staff time and processing incurred by the departments involved. The proposed amendment to the Planning and Zoning schedule of fees seeks to revise the existing fee structure in order to update said fees to accurately reflect the costs and staff time involved. The difference in these costs and the proposed increases is attributable to the difference in the level of technical reviews required for each type of application; for example, nonresidential and mixed use applications require a greater level of review for issues such as loading, traffic concerns, and other impacts to the adjacent areas. 1 11472 E 0 CITY -®F. MIAMI, FLORI®A — -� 17. LEGAL NOTICE, • All interested persons will -take notice that on the 20th day of March; 1997, the City - Commission of -Miami, Florida, adopted the following titled ordinances:' MIAMI DAILY BUSINESS REVIEW ORDINANCE NO: 11460 .i Published Daily except Saturday, Sunday and AN ORDINANCE, WITH ATTACHMENT(S), APPROVING j Legal Holidays CREATION OF A SPECIAL TAXING DISTRICT BY Miami, Dade County, Florida. METROPOLITAN DADE COUNTY FOR THE MORNINGSIDE STATE OF FLORIDA NEIGHBORHOOD; MIAMI, FLORIDA, FOR THE PURPOSE COUNTY OF DADS: OF PROVIDING TWENTY-FOUR'. HOUR STATIONARY SECURITY GUARD SERVICE, AND ROVING POLICE' f Before the undersigned authority personally appeared PATROL SERVICE; SUBJECT TO' COMPLIANCE WITH Octelma V. Ferbeyre, who on oath says that she is the APPLICABLE CITY OF MIAMI AND METROPOLITAN, DADE . Supervisor, Legal Notices of the Miami Daily Business f COUNTY REQUIREMENTS APPROVING CONSTRUCTION - Review flk/a Miami Review, a daffy (except Saturday, Sunday C OF TWO• (2) :GUARD; HOUSE FACILITIES, GATES,I FOUR,. and Legal Holidays) newspaper, published at Miami in Dade C ""�(4)"STREET CLOSURES, INSTALLATIOWAND OPERATION County, Florida; that the attached copy of advertisement, OF TRAFFIC CONTROL DEVICES, AND AUTHORIZING, being a Legal Advertisement of Notice in the matter of AND" APPROPRIATING AN AMOUNT. NOT TO EXCEED THREE HUNDRED .AND FIFTY THOUSAND DOLLARS ($350,000) FOR SAID CAPITAL IMPROVEMENTS,' AND CITY OF MIAMI ADDITIONAL EXPENDITURES FOR ROVING. POLICE t PATROL SERVICE; REQUIRING. REIM13URSEMENT FOR ORDINANCE NO . 11472 n • ALL EXPENDITURES; PROVIDING FOR TITLE, .INSUR . ANCE AND .GUARD _HOUSE , LOCATION REQUIRING EXECUTION OF INTERLOCAL AGREEMENT,.IN SUBS-;. TANTIALL•Y.THE<FORM ATTACHED•�HERETO, BETVVEEN, i . In the .................... THE CITY AND. METROPOLITAN DADE COUNTY; CON-.,. X;f cX?X••••••••••••••••••••••••••.•..........Court, TAINING.''A -REPEALER _PROVISION,...:SEVERABILITY was published In said newspaper in the Issues of }} CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE., Apr 9, 1997 4 ORDINANCE NO.-11461 .,,AN EMERGENCY ORDINANCE AMENDING,i SECTION III OF., ORDINANCE NO::11337, AS AMENDED, ADOPTED JANUARY 25,- 1996; THE CAPITAL IMPROVEMENTS. AP=,.:. Afflant further says that the said Miami Daily Business " -•PROPRIATIONS. ORDINANCE, THEREBY _.INCREASING Review Is a newspaper published at Miami In said Dade THE _ APPROPRIATIONS TO EXISTING CAPITAL,: IM- County, Florida, and that the said newspaper has heretofore PROVEMENT PROJECT NO. 322061 ENTITLED; "TOWER been continuously published In sold Dade County, Florida, THEATER REHABILITATION" FROM- $1,302;800 TO each day (except Saturday, Sunday and Legal Holidays) and $1,906;800, AN AMOUNT OF $604,400; CONTAINING A has been entered as second class mail matter at the post REPEALER PROVISION AND A SEVERABILITY CLAUSE. office In Miami In said Dade County, Florida, for a period of - one year next preceding the first publication of the attached - ORDINANCE NO.11462 copy of -advertisement; and affiant further says that she has -AN EMERGENCY ORDINANCE AMENDING AND RE neither paid r promised any person rm or corporation STATING ORDINANCE NO. 6432, ADOPTED SEPTEMBER any dlaco ,rebate, commies re fu for the purpose 2, 1959; PROVIDING FOR THE CREATION OF A MIAMI Of secu g this advertise r publi ation In the sold FIRE FIGHTERS'-, 'RELIEF AND PENSION � FUND, AS news pe PROVIDED BY CHAPTER 175, -FLORIDA STATUTES, THEREBY INCORPORATING ALL AMENDMENTS EF- FECTED SINCE .THE ORIGINAL PASSAGE OF ORDI- • •• •••••••• ....... �Qri !! NANCE `NO. 6432, ,'AND FURTHER .AMENDING : SAID ORDINANCE TO- ENSURE CONFORMANCE `'WITH -;ALL rn to and subscribed before me this j _ . APPLICABLE LAWS; CONTAINING •A REPEALER PROVI- < 9 Apr 11 SION AND, A. SEVERABILITY CLAUSE;., PROVIDING-4 FOR 0 9 7 AN EFFECTIVE DATE:.-: .......day of..... A.D. 18...... ORDINANCE NO. 11463 ... AN EMERGENCY ORDINANCE ESTABLISHING'A:SPECIAL REVENUE FUND ENTITLED: -`"LOCAL" ENFORCEMENT (SEAL) PG OFFICIAL NOTARY SEAL BLOCK... GRANT ,PROGRAM" AND APPROPRIATING 8e,, JANET7 LLERENA i 'FUNDS •; FOR _,THE- 'OPERATION OF -SAME .IN THE Octelma V. Ferb lyglowfi(WMSPON NUM13ER :AMOUNT OF .$3,033,834.00 'CONSISTING OF A'?GRANT ?�. QCC566004 FROM THE U.S. DEPARTMENT OF JUSTICE; AUTHOR- MYCOMMISSfONEXPIgES 12ING THE.CIT.Y MANAGER TO ACCEPT SAID GRANT tc� AND TO EXECUTE THE NECESSARY DOCUMENTS;'IN A OF F40 JUNE 23,20()0 FORMACCEPTABLE TO,THE CITY ATTORNEY, FOR THIS ' PURPOSE; -FURTHER _ AUTHORIZING THE. ALLOCATION_.. OF MATCHING FUNDS, IN THE AMOUNT OF $337,093 00,, . FROM THE POLICE' DEPARTMENT' GENERAL OPERAT= ING, BUDGET, ACCOUNT CODE 0011000.290301.6.050; CONTAINING A REPEALER PROVISION AND A SEVER !:._ABILITY CLAUSE: PROVIDING FOR AN EFFECTIVE DATE. • L ORDiNANCE AN EMERtiI NSiY ORDINANCE ESTABLISHING A SPECIAL e.y .. REVENUE FLI�10 ENTITLED VItFED LAND SEED AND :._ APF?RO ?R1ATiNG FUNDS' FORS THE OP N°-OF.' .'. "SAME, IN THE AMOUNT OF $152;14b Q0 CONSISTING OF ..GRANTS FROM THE MIAMI COALITION'FOR A SAFE -A. P_ ' DRUG FREE: COMMUNITY, IN THE AMOUNT $52,140.00, AND THE DRUG. ENFORCEMENT ADMINTS- :RATION ('DEA'), IN THE MOUNT OF $100,000.00; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID } GRANTS AND TO EXECUTE THE NECESSARY DOCU- MENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR THIS .PURPOSE; CONTAINING A REPE- ALER PROVISION AND A SEVERABILITY CLAUSE. 1 t i i `I. 4 i i I 1( i I . f i ORDINANCE NO. 11465 AN EMERGENCY ORDINANCE AMENDING ORDINANCE - NO. 11366 ADOPTED MAY ,23, .1996' WHICH ESTAB- LISHED INITIAL RESOURCES AND INITIAL APPROPRIA- TIONS FOR. A SPECIAL REVENUE FUND ENTITLED: "GEOGRAPHICAL TARGETING PROGRAM";' THEREBY APPROPRIATING ADDITIONAL FUNDS -TO `SAID AC- COUNT; IN THE AMOUNT OF $20,000,.CONSISTING OF A 'GRANT. _,FROM THE MONROE COUNTY' ,SHERIFF'S OFFICE; AUTHORIZING- THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE- THE. NECESSARY DOCUMENTS,. IN'A FORM ACCEPTABLE TO THE CITY ATTORNEY; FOR THIS PURPOSE; CONTAINING A REPE- ALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 11466 AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ENTITLED: "COPS UNIVERSAL HIRING'; AND APPROPRIATING FUNDS FOR THE OPERATION OF, SAME IN THE AMOUNT OF $17,323,317, CONSISTING OF A GRANT FROM THE U.S. DEPARTMENT OF JUSTICE; " AUTHORIZING .THE CITY MANAGER TO ACCEPT SAID GRANT AWARD 'FROM SAID GRANTOR AND;. TO EXECUTE THE NECESSARY DOCUMENTS) IWA FORM ACCEPTABLE • TO THE CITY ATTORNEY , FOR THIS PURPOSE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE. ORDINANCE NO. 11467 AN EMERGENCY ORDINANCE AMENDING'ORDINANCE NO.-11365,. ADOPTED- MAY 23, -1996, WHICH ESTAB- LISHED INITIAL RESOURCES.AND INITIAL'APPROPRIA- TIONS FOR .A SPECIAL REVENUE FUND ENTITLED: "HIDTA ASSET FORFEITURE RESEARCH," -THEREBY APPROPRIATING ADDITIONAL FUNDS ., TO SAID. �AC- COUNT:.IN THE 'AMOUNT OF $20,000, CONSISTING OF A GRANT -:FROM THE MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID. GRANT AND TO EXECUTE THE NECESSARY DOCUMENTS, IN A -FORM ACCEPTABLE •TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPE- ALER PROVISION'AND SEVERABILITY CLAUSE. �= ORDINANCE NO. 11468 " AN EMERGENCY. ORDINANCE NO. 11370, ' ADOPTED. JUNE 13, 1996, WHICH ESTABLISHED INITIAL RESOUR-- CES AND INITIAL APPROPRIATIONS FOR 'A SPECIAL REVENUE FUND ENTITLED.: "HAITIAN NARCOTICS EN- FORCEMENT,' THEREBY APPROPRIATING ADDITIONAL I FUNDS TO SAID ACCOUNT, IN THE AMOUNT OF $40,000, CONSISTING OF•A GRANT FROM THE MONROE COUNTY SHERIFF'S OFFICE; AUTHORIZING THE. CITY MANAGER "TO ACCEPT SAID GRANT AND TO EXECUTE- THE I NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO i I THE•CITY ATTORNEY, FOR THIS PURPOSE; CONTAIN- ING 'k',kOEALER PROVISION AND,' SEVERABILITY_ CLAUSE.-,'- ORDINANCE NO. 11469• '1 AN ORDINANCE RELATED TO LOBBYISTS AMENDING THE CODE 'OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY: ADDING AND AMENDING DEFINITIONS: AMENDING ;.. LOBBYISTS' REGISTRATION REQUIRE- WENTS; ESTABLISHING FEES,'AND` DISCLOSURE . RE- QUIREMENTS -,-,,PROVIDING' EXEMPTIONS FROM FEES; i REQUIRING THE -;CITY CLERK TO MAINTAIN A LOG'OF I REGISTERED'; LOBBYISTS;,, AMENDING' THE '"ANNUAL. i STATEMENT" :AND RENAMING .SAME'AS "ANNUAL EX= r PENDITURE&REPORT SETTING FORTH PROCEDURES :..:AND REQUIREMENTS. ,FOR COMPLIANCE; PROVIDING e. ` .FOR -PENALTIES ;FOR -VIOLATIONS; AND PROHIBITING CONTINGENT --FEES; MORE PARTICULARLY,• BY AMEND- ! ING ' SECTIONS.2-313, 2-314, ' 2-316, AND 2-318,. OF THE CODE OF,THE:CITY;OF MIAMI, FLORIDA, AS. AMENDED, AND ADDING,:.NEW; SECTION -2 319 -TO SAID CODE; t CONTAINING-A`REPEALER PROVISION, A:SEVERABILITY -CLAUSE AND PROVIDING:FOR AN EFFECTIVE DATE: I -ORDINANCE NO. 11470 AN ORDINANCE AM ENDING'.SECTION 54-86.OF THE ::CODE -OF THE CITY OF MIAMI; FLORIDA, AS AMENDED, TO REQUIRE THAT OWNERS OF PROPERTIES THAT FACE, ABUT OR .OPEN UPON THE MIAMI RIVER SHALL AFFIX 'BUILDING, NUMBERS THAT ARE VISIBLE FROM THE, MIAMI RIVER; :,CONTAINING A REPEALER' PROVI SION .AND. A. SEVERABILITY• CLAUSE; AND,.PROVIDING FOR AN EFFECTIVE -DATE. ,,ORDINANCE NO. 11471 i -:AN " ORDINANCE: ADOPTING A REVISION AND CODIFICATION .OF THE ORDINANCES OF THE CITY OF MAIMI, FLORIDA; ENTITLED: 'THE CODE OF THE CITY OF. MIAMI, FLORIDA%—PROVIDING FOR THE''REPEAL:•OF CERTAIN+ORDINANCES NOT INCLUDED THEREIN, WITH ;'CERTAIN-,EXCEP.TIONS', AND. -FOR OTHER PURPOSES..' HEREIN -.SET. FORTH;,PROVIDING -A•PENALTY, CLAUSE WHERE-NQ OTHER PENALTY IS PRESCRIBED;;CONTAIN- ING , A REPEALER PROVISION `AND' A- SEVERABILITY .CLAUSE, AND PROVIDING FOR ANfFFECTNE Q'ATE; ORDINANCE NO ' AN ORDINANCE ACTION MENDING SE62-61 OF: THE, I CODE OF THE CITY OF, MIAMI,` FLORIDA,. AS AMENDED, I -ENTITLED:- SCHEDULE OF FEES,;: -° -.INCREASING . VA- `RIOUS',FEES- SET SAID PLANNING AND ZONING' MATTER RELATED FEE SCHEDULE; CONTAIN- ING A REPEALER_ PROVISION, A SEVERABILITY••CLAUSE; AND''PROVIDING FOR AN EFFECTIVE DATE Said ordir ances maybe inspected by the publio� at. thebi ffice of the ! City Clerk, 3500 Pan American Drive, Miami, Florida; Monday through Friday, excluding holidays, between the hours of 8'a.m. and 5 p.m. .. I r` 4= WALTER J. FOEMAN I CITYrCLERK 1(#4654) •" 1 4/9 `� _ 97-4040927M