HomeMy WebLinkAboutO-13872File Number: 5988
City of Miami
Legislation
Ordinance: 13872
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/21/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER
62 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "PLANNING AND ZONING;" MORE SPECIFICALLY BY
AMENDING SECTION 62-22, TITLED "SCHEDULE OF FEES," AND SECTION
62-32, TITLED "SCHEDULE OF FEES," TO PROVIDE CLARIFICATION ON
PLANNING AND ZONING FEES, CAP CERTAIN PLANNING AND ZONING
FEES, ADD FEE SCHEDULES FOR CERTAIN PERMITS, PROVIDE FOR A
SCHEDULE OF REFUNDS FOR CERTAIN FEES, AND ENSURE
CONSISTENCY WITH OTHER CITY CODE SECTIONS REGARDING FEES;
AMENDING SECTION 62-661, TITLED "CREATION OF PUBLIC ART FUND,"
TO ALLOCATE CERTAIN SPECIFIED FEES TO THE HISTORIC
PRESERVATION TRUST FUND; FURTHER ENACTING ARTICLE XVII, TITLED
"HISTORIC PRESERVATION TRUST FUND," SECTIONS 62-663 TO 62-665,
ESTABLISHING SUCH FUND, PROVIDING FOR ITS PURPOSE, INTENT,
TRUST FUND ALLOCATIONS, AND PAYMENTS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell, Mayor Francis X. Suarez
WHEREAS, the City of Miami ("City") wishes to ensure that new planning, zoning, and
historic preservation permits provided for in Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida, as amended ("Miami 21 Code"), and the Code of City of Miami, Florida,
as amended ("City Code"), are specifically addressed in the Schedule of Fees in Chapter 62 of
the City Code; and
WHEREAS, pursuant to Ordinance No. 13785 adopted on September 13, 2018, the City
Commission authorized the transfer of unused Density from historic resources to new
construction within Transit Oriented Development ("TOD") areas and amended regulations
regarding the transfer of development rights; and
WHEREAS, T3 -R, "Sub -Urban Zone — Restricted," and T3 -L, "Sub -Urban Zone —
Limited," properties do not have transferable development rights or Density available to sell and
are excluded from the program; and
WHEREAS, the Historic Preservation Trust Fund will collect funds for distribution to
properties qualifying for assistance, with a priority given to need -based cases; and
WHEREAS, the City Commission, Mayor, and City Manager have identified funding for
affordable housing as a priority within the City;
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
adopted by reference and incorporated as if fully set forth in this Section.
City of Miami Page 1 of 7 File ID: 5988 (Revision: A) Printed On: 12/19/2019
File ID: 5988
Enactment Number: 13872
Section 2. Chapter 62 of the City Code, titled "Planning and Zoning", is further
amended in the following particulars:'
"CHAPTER 62
PLANNING AND ZONING
ARTICLE VI. -ZONING AND PLANNING FEES
Sec. 62-22. — Schedule of Fees
(15) Other charges. File search fees shall be set administratively, but shall not
exceed comparable fees as established by Miami -Dade County. The following shall apply
in addition to the permit fee to any application when so required by said permit application:
a. Public hearing and public meeting mail notice fees, including cost of handling
and mailing per notice .....$4.50.
b. Public hearing and public meeting package mailing fees; including cost of
handling and mailing per package sent ..... $6.00.
c. Advertising .....$1,500.00.
d. Traffic study review .....$6,000.00.
e. Land use certification letters .....$100.00.
f. Document certification, per page ..... $1.00.
g. Request to alter Transit Oriented Development areas..... $3.500.00.
ARTICLE VII. - HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD
Sec. 62-32. - Schedule of fees.
a-99-9
P'�50 peF FequiFed FIGt+Ee 500 feetFadiue, ae appliGable.
GertifiGate to dog " s!ministrative 75.0
Gertifinate to dig., reviewed by hi6terin and eRViFGF1Fn3ntal preservat+eR beard .....150.
FGheelegiGal peFFnitc ew er site visit by arnheelegi3t ..... 100.00TraRsfei: of develepmeRt rights (TDR) 1 `JJ
Plus $0.05 per sq sere feet of fleer lett area to he traRsferred
Initial review of hicterinal SigRiflnaRGe fer p climincry ativn..... 1 E4 -.GG
Plus $0.05 per squaFe feet of fleei: area feF arminati"a r,f ORGI ,cieR fer histerio 3tatu3.
' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 7 File ID: 5988 (Revision: A) Printed on: 12/19/2019
File ID: 5988
Enactment Number: 13872
I99 00
Pluc V,F iuc, " qz:li:able-
SpeGiial-ceFtifivate of apprepriateRerv$ e iTe 4 Af fAr ALQwvrn/T�rvt ctiBTr 1 �dv-an
Permitter! time eaAeAssinnc pet to ovnoor! 12 mcrithc ..... F9,98
Ad a;Arem-t eb;;te eXempt�en appliGatiGR fee ..... 50-0-0 $26
fcr TL- o nr time ov+oncinnc\
ARY GtheFa: minictm�iv-,--permitc ..... F9-99
(a) Public Notice
Notice fees as set forth in Section 62-22(15).
Advertising fee for applications for Homesteaded properties within T3 Transects
..... $0.00.
Advertising fee for applications within T4 Transects or higher as set forth in
Section 62-22(15).
All After -the -fact permits assessed at double normal rates.
(c) Standard Certificate of Appropriateness (COA).....$0.00.
Special Certificate of Appropriateness (SCOA)
Demolition..... $500.00.
New Construction/Relocation
a. Sinale Familv and Duplex.....$200.00.
b. Other and Commercial..... $300.00.
c. Plus $0.05 per square foot.
Modifications
a. Sinale Familv and Duplex.....$150.00.
b. Other and Commercial..... $250.00.
c. Plus $0.05 per square foot.
Waivers
a. Sinale Familv and Duplex.....$200.00.
b. Other and Commercial..... $300.00.
c. Permits otherwise reauirina Plannina. Zonina, and Appeals Board
approval..... Sixty-five percent (65%) of tvpical permit fee.
(e) Certificates of Approval (CEA)
Sinale Familv and Duplex.....$75.00.
Other and Commercial.....$150.00.
Special Certificates of Approval (SCEA)
Sinale Familv and Duolex.....$150.00.
Other and Commercial.....$250.00.
Certificate to Dia (CTD)
Sinale Familv and Duolex.....$75.00.
Other and Commercial..... $150.00.
Archaeoloaical Monitoring..... $100.00 for first hour and $50.00 for each additional hour.
City of Miami Page 3 of 7 File ID: 5988 (Revision: A) Printed on: 12/19/2019
File ID: 5988 Enactment Number: 13872
Archaeoloaical Field Work and Excavation..... $150.00 for first hour and $65.00
for each additional hour.
Special Certificate to Diq
Single Familv and Duolex.....$150.00.
Other and Commercial.....$250.00.
Time Extensions
SCOA and COA: Max 12 month extension..... $75.00.
SCEA and CEA: Max 12 month extension... $75.00.
SCTD and CTD: Max 12 month extension... $75.00.
Designation Report Requests
Initial review of historic sianificance (Preliminary Evaluation)..... $150.00 plus
$0.05 per square foot of floor area under consideration.
Individual Property (Final Evaluation)..... $50.00.
Designation Report Requests: Districts
uo to 20 contributina resources..... $500.00.
each additional contributina resource..... $50.00.
(m)Transfer of development rights and densitv fees
Certificate of Eliaibilitv........ $200.00.
Conditional Certificate of Transfer......... $300.00 plus $0.06 per square foot of
floor lot area to be transferred.
Plus $200.00 per unit of densitv to be transferred.
(n) Certificate of Transfer if no conditional Certificate of Transfer issued...... $300.00.
Plus $0.06 per square foot of floor lot area to be transferred.
Plus $200 per unit of densitv to be transferred.
(o) An additional amount equal to fifteen percent (15%) of the value of the capital
improvements pursuant to Section 23-6 will be retained:
Five percent (5%) for the Historic Preservation Trust Fund as per Article XVII.
Ten percent (10%) for the Public Benefits Trust Fund, particularly for
Affordable/Workforce Housina as per Article XIV, with priority of five percent (5%)
for the Citv's Senior Rental Assistance Proaram, and five percent (5%) for the
Citv's Emplovee Homeownership Assistance Proaram.
(p) Deferment or Continuance of Hearina.
After the Leaal Ad has been placed..... $150.00.
(q) Appeals of Desianations for properties zoned T3-0 to Citv Commission..... $0.00.
(r) Ad -valorem Tax Abatement Application
Residential
a. Sinale Familv..... $50.00.
b. Multi-Familv under 30 units..... 262.50.
c. More than 30 units..... 500.00.
Commercial
a. Under 10,000 sa. ft..... $1,250.00.
b. 10,001-50,000 sa. ft..... $3,000.00.
City of Miami Page 4 of 7 File ID: 5988 (Revision: A) Printed on: 12/19/2019
File ID: 5988 Enactment Number: 13872
c. 50,001-100,000 sa. ft..... $6,000.00.
d. Over 100,000 sa. ft..... $9,000.00.
Mixed -Use
a. Combination of the above as applicable
(s) Anv other permit reauirinq historic and environmental preservation board approval .....
$100.00 plus noticing pursuant to Section 62-32(a), as applicable.
Anv other administrative permits ..... $50.00 plus noticinq pursuant to Section 62-32(a),
as applicable.
ARTICLE XVI. - ART IN PUBLIC PLACES
Sec. 62-661. - Creation of Public Art Fund.
There is hereby created within the City a trust fund to be known as the City of Miami
Public Art Fund. This public art fund shall be maintained by the City and shall be used for the
acquisition, installation, improvement, maintenance, and insurance of art, arts education
programming, grants, and administrative costs of the public art program as follows:
(1) All monies received by the City pursuant to the requirements of the public art
program or from endowments, gifts, or donations to the city designated for
public art shall be placed in the Public Art Fund. All monies within the Public Art
Fund shall be deposited, invested, expended, and accounted for as follows:
c. Ten percent1( 0%) of the fees collected annually shall be allocated towards the
Historic Preservation Trust Fund under Article XVII. rest^r,+i^r ^r rrhE ilit"i9F1-e#
either p bliGly ^r pFiyately ^W Red hic+^rin FeseuFGyc the c.re
deSi Rated r+r ^ontributin^ ctrl inti Fes within a IGGally deli vhisterin diStrint OF
teew,,.a�r� public within a hist^ri^ dictrint as identified r the r,�,i i,",.IIiIG ��r+
mastor plan. Fees ` l'E)Gated b t Ret expo Rlded Wi+hiR a fiGGal yccr �'ll �q YCte
F^r r t Fic I r and aIle + F^r came p irr�^c^c Dri�rotely r��e Red
I}� crtA e�-rei(c�rrC-ar-`y'e�ai-arta--crnvC-a c �-vr �n-rc-pa-rpv�a.��vcrcciy--vvciTca
hic+^ri^ r^c^i rn `c JhcII Icy `SII^nom+^rd m^ri^c fr^m the ihlin ter+ Fi irk +hre qh a
grant appliGatien r,rr)^ess as deGGribed OR the pi art mastar plan. The -public
art diViciE)R Will Fevie ei all gFaRt appliGati^roc it nonDUltQtl^" With the hitt^rin
^prreseFvaatiGR ^FFin^ and the�t^ri^ arm V 'r^r1m tale r heard! The
„-vrrrcc-arrcr vert-ar,a-ei-lvn'-vrrn�ei er�tle
p blip art diViciGR and the hitt^din pFeseFyatien ^FFin^ OR n0 n 3 Utatls,^r With the
=-r-crtz
hic+^ri^ and ^r„ir^rmantal pr9 s! shall have the .diGGFetieR to
r^^r)rrm^r1ld to the AIDDQ F^r FINN deGICI^r and expo diti ire r)f fU Rds ReGtE)FatiE)R
er4chabilit0on shall be it aGGE)FdaR e with Ghapt3r 21,31 and s bjeG++^ +h^
appFeyal of a n^r+ifiGate ref appFepFiate Fless by the hitt^din and eF1Virr F1FFle 1taI
ARTICLE XVII. HISTORIC PRESERVATION TRUST FUND
City of Miami Page 5 of 7 File ID: 5988 (Revision: A) Printed on: 12/19/2019
File ID: 5988
Sec. 62-663. Purpose and intent.
Enactment Number: 13872
It is intended that the "Historic Preservation Trust Fund" be established for fundinq to be
made available for improvements to qualifvinq homes in T3 Transects and historically
designated resources.
Sec. 62-664. Trust fund pavments.
Pavments into the trust fund shall include, but not be limited to, monies collected
pursuant to Chapter 62 - Article XVI - Art in Public Places and Chapter 23 - Historic
Preservation.
Sec. 62-665. Established.
(a) There is hereby established a trust fund titled "Historic Preservation Trust Fund" into
which funds shall be deposited and disbursed pursuant to this Article.
Fees allocated and interest collected but not expended within a fiscal vear shall be rolled
over to the next fiscal vear and allocated for the same purposes.
(c) Eighty percent (80%) or more of funds will be allocated towards improvements for
qualifvinq homes in T3 Transects and Locallv Designated Historic Resources pursuant
to Chapter 23.
Funds to be allocated to private property shall be manacled throuqh a grant
process administered by the Planninq Department and the Department of
Housing and Communitv Development in consultation with all other relevant Citv
departments and anv required external experts.
a. Grant funds shall be allocated based on the following criteria in order of
importance:
1. Properties in T3 Transects that are unable to sell development
riahts or Densitv:
2. Economic hardship as measured by the income of property owner.
3. Aae of the property owner with priority aiven to property owners
over 60 vears of aae or older.
4. Ownership status with priority aiven:
o First, to homesteaded property owners:
o Second, to not-for-profit entities, organizations, or
institutions providing Affordable Housina:
o Third, for-profit entities, organizations, or institutions
providing Affordable Housina:
o Fourth, non-profit organizations:
o Fifth, all other applicants:
5. Historic sianificance of the Historic Resource:
6. Abilitv to complete work within a reasonable time frame.
b. The Plannina Department will make recommendations to the Director of
the Citv's Department of Housina and Communitv Development, who will
make a final determination for disbursement of funds.
c. Grant funds not expended within a reasonable time frame must be
promptly returned to the Citv.
City of Miami Page 6 of 7 File ID: 5988 (Revision: A) Printed on: 12/19/2019
File ID: 5988 Enactment Number: 13872
Funds to be allocated to publicly -owned resources will be approved by the
Historic and Environmental Preservation Board ("HEPB"). Publicly owned for this
subsection shall mean owned by a governmental or public agencv.
Up to twentv percent (20%) of the fees collected annuallv may be allocated towards
administrative costs and staffing associated with Historic Preservation.
Secs. 62-666-62-699. - Reserved."
Section 3. This Ordinance shall apply retroactively to any application or to any appeal
that has been timely submitted but has not yet been scheduled for public hearing as of the
effective date of this Ordinance.
Section 4. If any section, part of a 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.2
APPROVED AS TO FORM AND CORRECTNESS:
1 1
Una nd" e t;ity Attortey 7/1612 0 1 9 gria ndez, Uiky Httortey __) 11/12/2019
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 7 of 7 File ID: 5988 (Revision: A) Printed on: 1211912019