HomeMy WebLinkAboutO-11345J-96-13
1 /10/96
ORDINANCE NO.
1113 4 5
AN ORDINANCE RELATING TO FEE PAYMENTS;
AMENDING "ARTICLE VI. ZONING AND PLANNING
FEES," OF CHAPTER 62 OF THE CITY CODE BY ADDING
A NEW SECTION 62-63 PROVIDING FOR THE PARTIAL
DEFERMENT OF CERTAIN FEES ASSOCIATED WITH AN
APPLICATION FOR AND ISSUANCE OF A MAJOR USE
SPECIAL PERMIT FOR DEVELOPMENT ACTIVITY IN A
DULY DESIGNATED CITY REDEVELOPMENT DISTRICT;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City is encouraging investment in redevelopment areas to
improve the City's tax base and enhance the Tax Increment Trust Funds for the City's
Redevelopment districts; and
WHEREAS, the City is encouraging private investment as opposed to the public
assembly of property; and
WHEREAS, development activity of the type associated with Major Use Special
Permits is particularly beneficial to and consistent with the aims and objectives
articulated by the City Commission in establishing redevelopment districts in the
Overtown/Park West and Omni areas of the City, and
WHEREAS, the dearth of significant development activity in said areas leads the
City Commission to hereby conclude that additional incentives such as the type
provided for herein are necessary to spur private development and redevelopment
activity in said areas; and
11345
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 City Code as hereinafter set forth;
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. New Section 62-63 is hereby added to Chapter 62 of the Code of
the City of Miami, Florida, as amended, thus amending said Chapter in the following
particulars:''-'
" CHAPTER 62
ZONING AND PLANNING
ARTICLE VI. ZONING AND PLANNING FEES
Sec. 62-61. Schedule of fees.
Sec. 62-63. Fee Payment deferred.
Notwithstanding any provisions to the contrary contained in this
Code or the Zoning Ordinance relative to development activity in a
redevelopment district duly designated as such by the City
i� 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
11345
Commission pursuant to the Community Redevelopment Act of
1969 as set forth in Chapter 63 Florida Statutes, except for the
cost of required advertising notices and postings, Maior Use
Special Permit fees (including constituent elements of said permit
such as rezonings variances special exceptions and Special
Permits) may be partially deferred for any amount above the
minimum application fee of $5 000.00 as specified in Article VI.
Section 62-61 (5) of this Code until such time as the initial
building permit for the subject property is requested or for a period
of one (1) year from issuance of the Maior Use Special Permit,
whichever occurs first. In order for said fees to be deferred the
subiect property owner(s) shall provide the City with a recordable
document acceptable to the City Attorney, evidencing said financial
obligation and placing a lien on the subject property for the amount
of such deferred fees said document shall be recorded at the
permittee's expense immediately upon issuance of the Maior Use
Special Permit by the City Commission.
Sec. 62-64. -- 62-69. Reserved.
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 25th day of
January , 1996.
11345
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 29th day of February , 1996.
STE EN P. CLARK, MAYOR
ATTEST:
WALTER J. O AN
CITY CLERK
PREPARED AND APPROVED BY:
er. A,1"11
AX IITY A ORNEY
APPROVED AS TO FORM AND CORRECTNESS:
—n
4
11345
PLANNING FACT SHEET PZ=5
APPLICANT Department of Community Planning & Revitalization
. SECOND READING
REQUEST/LOCATION Amendment to Chapter 62 of the City Code
LEGAL DESCRIPTION N/A.
PETITION Consideration of amending the Code of the City of Miami, as amended, by amending
"Article VI. Zoning and Planning Fees," of Chapter 62 of the City Code, by adding a
new Section 62-63, providing for the partial deferment of certain fees associated
with an application for and issuance of a Major Use Special Permit for development
activity in a duly designated City Redevelopment District.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND The attached draft legislation is for the purpose of allowing a partial deferment
ANALYSIS of certain fees for Major Use Special Permit projects when they are located in duly
designated redevelopment districts. The Department of Community Planning &
Revitalization contends that it is difficult enough, from an economic standpoint,
for major development activity to get off the ground within redevelopment
districts, even without any kind of deferment of fees. This legislation would act
as an incentive for catalytic projects to be located in those redevelopment areas
that need them the most. It should be noted that this amendment to the Code still
requires even these projects to pay all of their out-of-pocket costs, such as
advertising and mailing fees, upfront.
PLANNING ADVISORY BOARD Approval. VOTE: 8-0-
CITY COMMISSION Passed First Reading on 1/25/96.
APPLICATION NUMBER 94-218 December 13, 1995 Item #10
12/07/95 Page 1
345
WY
Ly.._ai%-XILU .UU3U—I COfl't1' AHU T1__ 1.�Ol i1<I nt UWAW lU
A not -for -profit housing and economic development orgam ation
wifredo Gort, Chairperson
Lynn B. Lewis, Vice Chairperson
Jeffrey Bercow, Secretary
Joe Filloy, Treasurer
017G8
October 25, 1995
Jack Luft
Planning Director
25 IVW 2nd Street
Miami, Florida 33128
Subject: Deferral of fees for M.S.U.P. in redevelopment area
Dear Jack:
AAW
Man Schwartz
Peter Andolina
Richard Kuper
Luli Landis
Don Benjamin
Patti Allen, Ex-Officio
Christina Cuervo
Attached is a copy of the ordinance as prepared by Joel Maxwell which would permit deferral of
M.S.U,P. fees in designated redevelopment districts. PIease note in the black line section that the
property owner must provide a lein on the property for the amount of such deferred fees and that
the deferral is only until a building permit is issued or one year whichever occurs first.
If you are in agreement with this approach (and I believe you will find Herb Bailey in accord), I
will appreciate you placing this on the City Commission agenda at the earliest possible date. As
you know we are moving ahead with the material for the M.S.U.P. on the Miramar property and
expect to be coming to the City in the very near future with a full application.
Thank you in advance for your consideration. If you have any questions please do not hesitate to
can,
Sincer y,
Richard L. Fosmoen
Encls.
RLF/gh
doc41cdc11e tterslluR. saju
3
25 SE 2nd Avenue • Suite 828 It Miami • FL 33131
Phone 305-371-9116 Fax 303-371-3%6
tI*'Y45
5' tly
lei Wtitodo sort
City COmttva WW
TEL: 70-11 758 1619
OCT. Z4.49 44rr1 _ Y
6-18-95 ; i 0 : 55 LAW 1 Wr. 371598. #21 e
CITY ni* MAW FLORIDA
INTER -OFFICE MZMOttAHOVM
"TJ Mky la, 1995 FI61 J#9s.48v
vwivf Amendment to Pltnning and Zone& Fft
8cheduldChaptet 62
R•ou A. J 1 n l-CRINCts : major UN 5 pecesi Ptirttdt Fees: Aadeveto)
City Alto Distttcts (OvertowwParkwest and Onmi)
• iNClAeU11�A
PWAMW to yaw o!tloei request this olftloe has ptvpared a, CndifMce which would d*fw the
payout of CWMW PlanMq od Zoning Fees associated with the, iaaance of a Myor Use Special
AWWA CUM")10 lVdaelopeneril distticts of the City (OwertowrAVkwvst and Omni) for one
(1) year orAthe mqum !bt a building permit, whichever 1s first.
Excluded Eton this dehnnent would be eaten+ "out-of-pocket" city expenses related to the
processing of mah MJSP applications (adverdshl& notice(#) and Vesting).
The dWmtmm would tt v4ate a recordebli document, aaeptable to the City Attamey,
evidencing the obligation to the City. "line dowmant would -then be recorded al the applicat's
expense upon iswaaae of the MUSP by the City Commission,
Communications with the Agenda Office mved that this item did not have a place reserved on the
City Connnisslon's agenda for May 25. 1995, 'Thus, it 1s impactive that such rewvetion be evade
by your oSce with the My Manager if We item is to be taken up by the City Commission on
June S. 1995.
Platy direct aay cotnmatts on the attached document or recotnmcnded Chan=a to Joel E.
Maawett, Deputy City Attorney.
Attachments
ca: Cesar H. Odlo
City Manager
Jwd & Maxwell
Deputy City Attorney
0..I4.0M.Mc
RESOLUTION PAB - 67-95.
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE CODE OF THE CITY OF
MIAMI, AS AMENDED, BY AMENDING "ARTICLE VI. ZONING AND PLANNING FEES," OF
CHAPTER 62 OF THE CITY CODE BY ADDING A NEW SECTION 62-63, PROVIDING FOR
THE PARTIAL DEFERMENT OF CERTAIN FEES ASSOCIATED WITH AN APPLICATION FOR
AND ISSUANCE OF A MAJOR USE SPECIAL PERMIT FOR DEVELOPMENT ACTIVITY IN A
DULY DESIGNATED REDEVELOPMENT DISTRICT.
HEARING DATE: December 13, 1995
VOTE: 8-0.
ATTEST:
JAC LUFT, DIRECTOR
Department of Community Planning
and Revitalization
1f 45
Sitla Ulf 'ffltaxri�
ANOF,
b
WALTER J. FOEMAN
City Clerk
Alyce A. Whitson, Esq.
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32304
Dear Ms. Whitson:
March 12, 1996
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11331 11340 11343 11344 11345
If I can be of any further assistance, please do not hesitate to call.
Very truly yours,
Valerie Puyans
Deputy Clerk
Enc. a/s
CESAR H. ODIO
City Manager
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
�ftlj of 'ffltaxn&
WALTER J. FOEMAN
t
March 12, 1996
Mr. Louis Tomeo
Court Operations Officer
1351 N.W. 12th Street, Rm 7-701
Miami, FL 33125
CESAR H. ODIO
City Manager
Dear Mr. Tomeo:
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
11331 11340 11343 11344 11345
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
WALTER J. FOEMAN
City Clerk
BY:
DEPUTY
RECEIVED BY:
DATE:
WJF:vp
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
ZT-ba o f 'ffltam
WALTER J. FOEMAN
City Clerk
March 12, 1996
Office of the State Attorney
Attention: Rosemary Ricotta
1350 N.W. 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
CESAR H. ODIC)
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the
Code of the City of Miami, Florida:
,I 11331 11340 11343 11344 11345
Please acknowledge receipt of same by affixing your signature to the enclosed copy of
this letter and return it to this office for our files.
Thank you.
Very truly yours,
WALTER J. FOEMAN
City Clerk
BY:i
DEPUTY
RECEIVED BY:
DATE:
WJF:vp
Enc. a/s
OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
O ate. ..,.-, .. 111 PLWIC6."TH APPLICABLE CITY OF MiIG1hNAM`METRO-
PQLITAjt - COUNTY REQUIREMENTS; =ltfrllN!lDVIMK3
.OF A GUARD HIM FAC1t IM. ";NISI'AL-
191 TION OF TRAFFIC CANT bEVICES,
All inMd'p8rsorls.wll take "ndios'flaW} 11tRt-it• AND NG AND. APPRDPRtATIN� Afi1p1INT NOT
ae1r:, tt186,1hwClyCommission of M isn* Floridity a0tlpwpd ihF fQNowYrg' p( kI�Nr1D D THOf�iUND 0O LM""DIWO)
MIAMI DAII I At "NriPjlOVQdENTS, AND ADDITIONAL
Published Dr "fOR Ir1TEI RWING,A
NO,: REOU 4mmrseIENT FOR Am ove %I nut.
Miar ANEMIERIMiNK'Y# COR flUl401Il`TTTL "®U'f1mdDE
FIANCE 10..t tiX , AS t1I1MG' ti T A. LOCATION REQUIRING EXECUTION OF INTERLOCAL
STATE OF FLORIDA ; iMj °SilNh liliTIALLY THE POW, ffTACHED
COUNTY OF DADE: -
PLANNING AND -, COf3RDINATK*,' BY CITY AND METAL lTAN WIDE
Before the underr FUNDS Ctitli�il'iK; ANING A 'REPEALER P.ROVIS1004 SEVER,
Octelma V. Ferbeyr + TI+E•LITAN 1N#?1f CLAUSE, AND PROVIDING FOR AN THE
Supervisor, Legal f 0 1i+IfZ�lT 1 MATHE ,ARAM '0 IIfAT$. —
Review Vk/a Miami Rt AREA AND. >iD. 80 AB' ME, - �'B'
and Legal Holidays) r UKYC*" `FLIMlD6 TO BE USED FOR THE ORDllitl ;NO,,1,1343
County, Florida; tha PClRTION Of. TME. ,; CHI1hTER S OF THE CODE OF.
being a Legal Advertl PLANNING '"STUDY; ,FURTHER LNG THE CITY 1W Off(I<F�MUM1 PLOFIDA, AS AAWNDED. T1� WV.IDE
,$AID, �MlD �E ALL i R,"VESl RAT70NS APPL�Ii4DIt *WV111E MIA-
MQUIRED DOCUA I*M, IN A FORM At�'TiAKE TO THE f;j 5k `P'ARft%LARLY EY M SECTIONS
CITY OF M "ON ATTORNEY; CONTAINING A REPEALER: PROVISION S8 3t) AA0 $)ftAND ADDING NEW SECTION 11"I TO SAID
ORDINANCE ; AND ASEV10RABILITYCLAUSE. CODE; 4)01 WG A _REPEALM PROVISIl^ MVER-
>ABWIlY CIA , AND PROVIDING FOR AN
(P.O. # 4 C FUND B17TItEp 'CLANG REDI)CTIOFI
Cit1dN11iliCE N0.11134�1
in the ....................... 51't?RTS PRO "i �F 'AO A� � AN OR61Ni :FNIATIM TO FEE C^A)LATONS FOR
was published in salt MR THE OPERATtOM $AMIE' Rd "�, OF '���" NG'ARTICI EV1 AND
;178,136 CONSISTING OF, WIAiT FROM A POLITAN Pt/ItI" Fe OF CHAPTER 82 OF 11* CI� BY
Mar 15, 1 TPADE COUNTY; AUTHORIZING THE C17Y MAft TO C�ANGt�I(3 TEXT OF SECTION;82�I (3) TO"� A6LISH
E)IECULE THE NECESSARY, FORM il! .9R THE CALCULATION:OFSAIi.F E$ FOR
AOCEPTABLE TO THE CITY AT'TO Y, TO ACCEPT SQD FOR ONE sTRfiL`T IE; ICONTANNNG
GRAN ; CONTAINING A REPEALER` PROVWON' ^ AND A, A Q _ iM0Y1810M1 AND A SEVEA/1811 tfY CLAUSE;
SEVERASK I7Y CLAUSE. AM PROVIDING FOR AN. EFFECTIVE DATt.
Attiant further as
Review is a newsy . OAIDEMANN�'lNO.T/3W ORDIIAl1C,NO,11348
County, Florida, and AN"OAD1NANCE AMENDING THE CITY CODE REiJ1TED TO AN ORDINANCE P43AIING TO FEE PAVMWM-. AMENDING
been continuously P THE . CITY OF. MIAMI GENERAL I EMKOY6W AND TICLE VtZONING AND PLANNING FPS,' OF CHAPTER 62 .
each day (except Sat SAIWTATM EMPLOYEES` RETIREMENT -`['RUST; .11108E ( THE CITY CODE BY ADDING A NBNf SECTM 62-63
has been entered at Y". .. ,. aA84 ,T ? PROVIDING FOR THE PARTIAL DEFEt#MENT `OF CERTAIN
office in Miami in sei " " ,THAT CERTAIN EMPLOYEES HIED AFTER MAP FEES ASSOCIATED WITH AN APPLICATION FOR AND
3ki 31, 1896
one year next precec 'iHE CITY OF _ MIAMa d1 iA1 ISSUANCE OF A MAJOR USE SPECIAL ' PERMIT- FOR
copy of advertisemei .: EMPLOYEES' AND SANITATION DES' RETIREMENT
neither paid nor pro ' DEVELOPMENT ACTIVITY IN A •DULY :DESIGNATED CITY
any disCoun bate TFnJST;�,�8E4N6T'O-PROVIDE FOEVEF.OPMIENT DISTRICT; CONTAINING A' REPEALER
of securi this ad, FOR SETitflCE7l R=' AST � BUY- PROVISION AND A SEVERABLITY CLAUSE; AND PROVIDING
newspa r. BACK' ALAYMAEN� ✓OF ANYrAlNapNG"'*1ST FOR AN EFFECTIVE DATE.
�IC FUND ACCOUNT Ai .IO; FOR, 1WWAIN- EMPLOYEES;
CONTAINING A /tLER PROVISION AND A S RABILITY ORDNANCE NO.11340
CLAUSE; PR NIaiiiiR'A#OVECTIVItOAT£. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
............................... Ni1ANG SSiCTION 9D62; 'SEPARATION OF. RESIDENTIAL- INIINICE N0.1I34t AND NOWAMOOffiAL. USES,' A10, SECT.KW - -SM-8,
AN ORDINANCE :. I10 T11tO* SPECIAL REVENUE 'FfiNCEStW%.,LS' AND HEPQES,' 410 AM JR WAXATIONS -
FUNDS, AS PC3( t*WS, AND APPAOPAUATING FUNDS FOR PeRIAINI1G TO tW FINISHING OF, W 0* SIDES
15 y.........� � p M" RARE NDWESIQENTiIIIL I LDPM
........de� T NEW ENT
f06', IN THE AMOUNT OF 32, ,CNOb, AND PLAZA Tip THE RIMARIM PRIW30 THE
OF WOW.
. i`.Olgt1► A,
........ .... R�. 1gSQt I tTF ' /1►9 `` 13Y } PROVISION AND A SEVERABLITYtL110ft" DING
P sTiTita
vE DATE
(SEAL) 20 ; Ji
x ? OF �111 IN Gray be inspected by the,pu4�Mc still -9 os d the,.; ,
Octelma v ' CIUMiT/IIM IQ 1► . Ate A {3 1p)�t: 8F94 MMa°Ardedt" Drive #Msnr1, MOn6ay tlrrargh
yid CxISLISE.' 1ItdM�r ArABreEliMtoldAye,d4twden (rota; 1urRz4rtM16p.nr.
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