HomeMy WebLinkAboutM-86-0301J-86-344
4/16/86
ORDINANCE NO.
AN EMERGENCY ORDINANCE AMENDING ARTICLE VI OF
CH TER 62 OF THE CODE OF THE CITY OF MIAMIi
FLO\AS
BY PROVIDING FOR A SPLIT -PAYMENT
BASTHE PAYMENT OF REQUIRED FEES FOR
VARAND SPECIAL EXCEPTIONS ON PROJECTS
OF 00 SQUARE FEET OF FLOOR AREA OR
MORZE; CONTAINING A REPEALER PROVISION
ANDRABILITY CLAUSE; AND PROVIDING FOR
AN VE DATE.
WHEREAS, the administrative evaluation and subsequent
administration and enforl-,ement of requests for variances and
special exceptions involvi g large scale development projects
over one -million (1,000,000) square feet is an ongoing process
from the filing of an applic tion, through the public hearing
process, and during the const uction stages ending with the
issuance of a Certificate of Occup ncy; and
WHEREAS, the initial payment f at least 50% of cost of
requiring a variance or special exc tion substantially reduces
the negative fiscal impact on the Cit of Miami resulting from
the performance of such administrative fictions; and
WHEREAS, a portion of the cost in urred by the City in
administering such requests occurs in the later stages of the
development project subsequent to the public Pkearing process; and
WHEREAS, it has become apparent to the Cit that the cost to
potential developers of such large scale projec s of paying the
large fees necessary in one lump sum may cause n unnecessary
hardship; and
WHEREAS, it is the intent of this City Co ission to
encourage and assist in the development of such la ge scale
projects in any way compatible with the interest of the general
welfare of the City of Miami; and
WHEREAS, the time distribution of administrative ovekview
and participation in applications and issuance of variances nd
special exceptions lends itself to the split -fee payment basi •
and
Al.J -)ENI*,E PRY
96 -- 3 o1
L2
WHEREAS, the establishment of this split -fee payment basis
will promote development of large scale projects and thereby
promote the general welfare of the citizens of Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1, Chapter 62 entitled "Zoning and Planning," of
the Code of the City of Miami, Florida, as amended, is further
amended as follows:l
"CHAPTER 62
ZONING AND PLANNING
ARTICLE VI. ZONING FEES
Sec. 62-61. Schedule of fees.
A surcharge will be collected at the time of
application for special exception and items (2) and
(3), above, equal to the initial fee, not exceed five
hundred dollars ($500.00), 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.
The fee for aaalications. for variances and
special exceptions which use square footage as a basis
for computation and which exceed one -million
(1,000,000) square feet of floor area, shall be payable
ona split -fee basis: 50% ("initial payment") at time
of the filing of a application for such variance or
special exception; and the remaining 50% ("final
payment") prior to or concurrent with, and in addition
to, the fee(s) payable for filing an application for a
building permit on a project which is the subject of
1 Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
a provisions are now in effect and remain unchanged. Asterisk
indicate omitted and unchanged material.
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86--301
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the variance or special exception; should such an
applicant, subsequent to a public hearing on a
requested variance or special exception amend plans so
that the variance or special exception is no longer
necessary under the Zoning Ordinance, the final payment
shall not be required, but the initial payment shall be
retained by the City.
Changes in plans which, because of their
substantial or material nature require new board
review, shall require the applicant to make a new
initial payment as a condition precedent to filing for
said review but in no instance shall there be more than
one final payment required.
The split -fee ayment basis shall not include nor
be applicable to surcharges which shall be due and
payable in full at time of application.
* * *n
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.
of Miami and upon the further grounds of necessity to immediately
facilitate the building of large scale development projects
exceeding one -million (1,000,000) square feet in building size,
thereby attracting such developers to the City of Miami and
increasing the tax base of the City with all its attendant
benefits.
Section 5. The requirement of reading this ordinance on
two separate days is hereby dispensed with by a vote of not less
than four -fifths of the members of the City Commission.
sf;--301.
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Section 6. This ordinance shall become effective upon
reading and adoption.
PASSED AND ADOPTED this day of , 1986.
XAVIER L. SUAREZ, MAYOR
ATTEST:
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
XEP E. MAXWELL
VSTANT CITY ATTORNEY
APPROVED Abe TQ/ FORM AND CORRECTNESS:
Jd W%% AAf A. LVVV
CITY ATTORNEY
JEM:bss:P073
CITY OF MIAMI. FLORIDA
INTER -OFFICE (MEMORANDUM
TO Ronorable Mayor and Members
of the City Commission
FROM: Cesar H. Odio
City Manager
DATE: April 16, 1986 FILE
SUBJECT Emergency Ordinance -
Fees for variances and
Special Exceptions
REFERENCES: Agenda Item for April 22nd
City Commission Meeting
ENCLOSURES:
( 1 )
It is recommended that
Article VI of Chapter 62 of
the Code of the City of Miami
be amended by providing for
split -payment basis for the
payment of required fees for
variances and special
exceptions on projects of
1,0001000 square feet of floor
area or more in size be
approved.
The City Attorney's Office has prepared an emergency ordinance
which provides for split -payment of fees for variances and
special exceptions of development projects which have a building
area square footage exceeding one -million (1,0001000) square
feet.
This ordinance provides that payments so effected will be made of
two payments with f ifty percent ( 500 ) to be made at the time of
application for variances and special exceptions; the balance
being due at time application for building permit is made. There
are also provisions for new initial payments of fifty percent
(50%) if a rehearing is necessary because of substantial or
material changes, only one final fifty percent (50%) payment.
This ordinance is necessary to spur development activity of large
scale projects within the City of Miami. Inasmuch as a portion
of the City's administrative involvement occurs subsequent to the
public hearing process this ordinance would serve to redistribute
the payment of required fees for variances and special
exceptions, consequently, providing for an enhanced development
atmosphere while reserving payment to the City for its expenses
at a time closer to the date of actual incurrence of same by
staff.
CHO:LAD:JEM%bss:PO75
Attachment
86- 30:1
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