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Home My WebLink AboutO-10565J-88-1076 1/11/89 ORDINANCE NO. -(- A EMERGENCY ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING SECTION 62-61, SCHEDULE OF FEES, TO ADD FEES TO COVER THE COST OF MAIL NOTIFICATIONS TO THE PUBLIC OF PROPOSED ZONING CHANGES OR MODIFICATIONS; FURTHER, MODIFYING FEES FOR MAJOR USE SPECIAL PERMITS INCLUDING DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT PROJECTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Manager recommends adoption of this Ordinance in order to cover the cost the City will incur in notifying affeoted members of the public, by mail, of public hearings which involve city action in regard to proposed zoning changes or modification; and WHEREAS, the mail notices are being sent in order to meet the request and concerns of the public; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF MIAMI, FLORIDA: Section 1. Section 62-61 of the Code of the City of Miami Florida, as amended, is hereby amended in the following particulars:.1/ "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 in this section: (5) Special Permits: 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.. 0 `!1 Major Use ( (a) For projects not classified as a "Development of Regional Impact," per square foot of gross buildings area (Section 3602).................. 0.05 Minimum ..... t0,000.00 2,000.00 Maximum per phase .................... 30,000.00 (b) For projects classified as a Development of Regional Impact, per square foot of gross building area (Section 3602) .................. 0.075 Minimum .............................. 2-2,500.00 4,000.00 Maximum per phase ..................... 65,000.00 Additional fees for any required changes of zoning, variances or special exceptions shall be in accord with the fees _listed elsewhere in this section. Only the and olose-out; Oanly a public hearing fee as in (7) will be charged where an application to amend a Major Use Permit is presented within two (2) years of the date of first issuance; otherwise the full fee will be charged. When a major use permit also requires a Class C permit, no additional fee will be charged for the Class C permit if the two applications are concurrent. Section 2, All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City -2- T SC S' of Miami and upon the further grounds of the neoessity to make the required and neoessary payments to its employees and offioers, payment of its debts, neoessary and required purohases Of goods and supplies, and to generally carry on the funotions and duties of munioipal affairs. Seotion 5. The requirements of reading this Ordinanoe on two separate days is hereby dispensed with by a vote of not less than four -fifths of the members of the Commission. PASSED AND ADOPTED this 23rd day of _ ,,.March, ATTE MATM HIRAI CITY CLERK PREPARED AND APPROVED BY: A0BERT4F!e CLERK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JO E L. .,FE4NANDEZ CITY ATTd Y RFCldb/M415 -3- Ve,z-� 4—c--�f_ XAVIER L. ZDAREZ, MAYOR T I.J E ? F` IJ n L I c^ W K, F CITY OF MIAMI, FLOnIr1A Pzm 4 INTER -OFFICE MEMORANDUM 'n' Honorable Mayor and Members of the City Commissinn u FRUM a, t, Cesar H Odio\'�`.j ® City Manager FI4*1M Y7141107AM nATE ' V m i i y a Q FILE GLI JECT : Proposed Emergency Ordinance Amending the City Coda Section 62-61 neFERENces ;(supersedes similar Memorandum ENCLOSURES dated November 30, 1988) It is respectfully recommended that the City Commission adopt the attached ordinance which amends Section 62-61 of the City Code, as amended, to add a fee to cover the cost of mail notifications to the public of proposed zoning changes, and modifies the fees for Major Use Special Permits, including Development of Regional impact projects, and contains a repealer provision and a severability clause. At the City Commission meeting of July 14, 1988, Ordinance 10454, eliminating the requirement of mail notice for public hearings on zoning items, was passed and adopted. On October 6, 1988, due to the concerns of the public, the City Commission passed emergency Ordinance 10489, reinstating the requirement for mail notices. The approved FY'88-'89 Building and Toning Department budget does not fund the cost involved in processing and mailing these notices. In companion items, the administration is recommending that the applicant be responsible for mailing notices. However, this ordinance is also'recommended to recover costs in the short-term and to provide an option for applicants. The basis for the emergency is that otherwise the City stands to lose substantial fees needed for an enterprise - fund budgeted Department i.e., Building and Zoning. A further modification is recommended to the fee schedule for Major Use Special Permits which provides a fee alternative when non -substantive amendments are proposed by applicant, which would include non -substantive amendments to Development Orders for Developments of Regional Impact. Non - substantive amendments would pertain only to: procedure, timing and close-out. The existing schedule is attached for reference. Attachments cci Law Department . f 14if T 1_1 E. , ] - . ►=t F• 1_1 P. L. 2 ►_: 16J-m MIAMI (*09 r- • 0.• Q 1 ef1-41 of this raquiretrsnt, the names and (it CAnnRingo%mhing(distrfetcbmsil'4-sz/ionanci'or addressee of property owntre shall be sector nutn&,P) to: deemed those appearing on the tawst tax R;�1, R:�-1.I, }25-2, RCl•l, MR, per colts of the ally. The director of adt:rinia- square foot otnet lot area ... .. $ 0.08 tration for planning and zoning boards .Minimum ...; , ...... • • ... , , 3G0.00 yhsll certify at the time of the public RG•l.l. RG 2.3, Ft0.1, RC��2,1, hoofing that notice an herein required per square foot of net int area ... per 0.10 was given to the R persons an named and ,% ;nimurn ........ . ......... 400.00 With addresses shown on his certification RC'�2.2, RQ•3, R(�•3, per square lent by the placing In the mail system of she of net lot are....... , 0.12 United States on the date certified the , . , .. , .. btini .. ' 160.00 required notice; the certification shall he R-2, CR•8, n-1, CQ•1, .. , , .... �;R•1, C CG•2, conclusive -of the living of mail notice, �VF't,.1YF-R, I.1, i•2; PD•HG, PI? and no action taken by the planning 2, 3. i, b, 7, 8, 9, 16, advisory board, toning board, or the city 11, 15P1.1, 11. l2, 1 lb, 1 commission, as the case may be, shall he t 18.1, ]6.8. 17. 18. per t!quaca foot .2. . S, p #qu voided by the failure of on individual of net lot area ...... . ...... • . Oils property owner to receive such mail Mialmum .............. ft80.00 notice. CBI)•1, SPI.6. per square foot of i4) Additional and optional notice The net tot area ................. 0.16 planning advisory board, toning board, N(Inimunt .... . . . ...... , . - .. 630.00 ur city commisslon. as the cane may be. For any change in a sector number only, for a may Rive additional and optional notice particular district claaslitcation, the fen shall m maybe deemed proper for the circum• be the some tea for a change in its district stances Involved f'otr the particular hear- elaasilication, as shown in above for district ing, but such additional notice shall not cla"ificotions. be deemed as legally required. Where such additional or optional notice is given, (2) Application to antend the comprehensive plan failure of An Individual property owner or tn., groups of property owners or residents to Low donsity residential, govettunentl receive or be aware of such notice shall not institutional, achoolp, churches, void any action taken by the roninr board. and cultural ................ 260.00 planning advisory board, or the city commis- Low, moderate, moderate g,ad mod• eiob, as the case m&y be. (Code 1967, 162.28; erate high density residential .. 350.00 Ord. No. @8d8, 11. 6.16.83; Ord, No. 9661. f High density residential, and reei• 1. 7•28.83) den tiAi office .............. . . 460.00 Commercial residential, peneral and 8ec,e. �. Reserved. liheral co utnerctal, industrial, and marinc•relatcd ........... 650,00 ARTICLE Vt. ZONING AND Cf ntral commercial and apecial use 1,000.00 PLANIYINCI FEES 1;3J t'nrlancts See. 6"1. t3chedule of fees. IRS, R0•1 iresidential uses) . , .. • . 100.00 Any application for a change in the district For penetration of plane III by en• ciarmilcAtion or modification of the reltulationx tarmac end the like , . d the , . e p1ror darks, wharves and th4 tide. 304,00 aftccting any property or for a plan amendment tar each from the ordf• or for any special permit required by the r.oning r lineal Mince, per lineal loaf 10.00 ordinance, Rhall be accompanied by an applies. .... , . , , . 111nitr►uni .. . ... . . ..... •100.00 tion fee to tho amount a,dt forth in this iucttmv ... 410Ci �,.�,�J► i 1 azet WNW() ANQ MANNING All other applications for each vart. Ance from the ordinanra, rcr square foot of gron+ floor area of tiew bullding(s) or additlowt, based upon tho definition of flix)r area (Section 2012.3) ....... ..... $ 0.03 Minimutti .................. 400.00 4) Application for variance as a mqult of s change In approved plans or as a result of a violation not lee shall be charged an additional fee, per VArie�cl: RS-1. RS•1.1, RS-2, Rt3.1 ........ 100.00 All other residential districts .... 200.00 All nonresidential districts .... 300.00 Extonsion of tarts foe variance .. 10Q.Q0 r5) SFecall permits: tiorage Rate permit ......... 1. CIAes A, except that for renewal of home occupation licerims (sectinn 20W.5) for citirens agnl sixty -live (63) and over, the fee is waived . . Class B ................... ... C.Ia.,A (;: (a) PAInting(onlyInSPldistrict.sl (h) Signet, fences, canopies, minor appurtenances and minor re paltb to b4 eetvlewW as required by the text or schedule of dis• trice regulations .... , ...... , (c) Section 2003.E .. , ...... . (d) RS, RQ,I ................. (e) 110.2.1, 2.2, 2.3; R01.1; SPI.1. 2, 3. 4. 6, 6, 7. 9, 10, 11, 12, 13. 14. 14.1. 14.2, 18. 16. 16.1. 16.2. 17, 16, sections 2014.1. 2.510, 2111, per sq. ft. of grosA huild- ing area, based upon the defi- nition of bwlding(section .36021 Mirimum .. , ...... . (0 PD-H, PD-IHC, PD-MU, per Square toot of net tot area , .. . Minimum ....... ..... .. (q) All other application.% eft re- quired by the text or schedule of dikriCt regulations ....... (:l,tva-D ................ ..... Special exception ....... ...... 20.00 60.00 1(10.00 26.00 4000 65.00 100.U0 0.1b 300.00 0.15 760 00 100 (k) •wu.00 $00.00 4101 f . ti , 10,14t Extension of time for apecint excep. tion .. ........... . ... , , , OW.00 Major u6a: (a) For project+ not clasaified as a "development of regional im• pact," per square foot of gross huilding area (section 3602) .. 0,0E - Minimum .................. 10,000.00 Maximum per phaao ..... , .. 30,000.00 (b) For projects clasaitled as a de. velopment of regional impact, per squaro foot of gro.*A build, Ina area (section 3602) ...... 0.076 Minimum ................ 22,500.00 Maximum per phase ........ 65,000.00 Additional Pecs for any required changes of zoning, variances or special exceptions shall be in accord with the fees listed elsewhere in this section. Only a public hearing fee as in 0) will be chargd where an application to amend a m*r use permit to preaanted within two (2) years of the date of first issuance: otherwise the full fee will be charged. Whitt a major use permit: also requires a slash C permit, no Additional fee will be charged for the clays C permit if the two (2) applications are concurrent. (6) Vacation of publle right-ofupoy. 1'er aquare foot of right-of-way ... 0.60 Minimum .................... 780.00 M Petition for public heaH4 not cote Bred elsewhere its this section ..... 400,00 (8) Certain resubmittals: in the event that any application affecting land use is remanded to the city commisaion or any city board, do. partment or agency by a court of competent Jurisdiction or that the underlying land use legislation is declared unconstitutional, an applicant who resubmits A similar applica• tion encompassing an identical site plan shall pay an adminlatrativo fee which tthall be equal to fifteen (16) percent of the then -current ap- plication fee plus all advertising costa incurred by the city in relation to the re9uhmittal. The maximum tee to be charged any govern- mental agency other than the city for nny public 0,