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Ordinance 2021-4417 Appendix A Fee Schedule Modification— Zoning Verification Letters ORDINANCE NO. 2021-4417 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING APPENDIX A, "FEE SCHEDULE," TO REVISE AND ESTABLISH FEES CHARGED FOR ZONING VERIFICATION LETTERS, AND CLARIFY EXISTING PROVISIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the Finance and Economic Resiliency Committee, at its meeting on February 19, 2021, recommended that the City Commission adopt an updated fee schedule for zoning verification letters, based on the type of request and level of review required; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives. i' NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Appendix A, entitled "Fee Schedule," is hereby amended as provided in "Exhibit 1" to this Ordinance. SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 1 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this day ofay , 2021. ATTEST: Dan Gelber, Mayor Rafa E. Granado, City Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION LJ ,6 Z) City Attorney Date First Reading: April 21, 2021 "r'i'Eti'';, Second Reading: ay 1 2 2151 S Verified by: IIc R1';O TEDI Thomas R. Mooney, AICP Planning Director C ..... T:\Agenda\2021\6_April 21\Planning\Fees for Zoning Verification Letters-First Reading ORD.docx 2 EXHIBIT "1" Proposed Amendments to Appendix A to the City Code, entitled "Fee Schedule" APPENDIX A. — FEE SCHEDULE Pursuant to section 1-15 of this Code, this appendix includes all fees and charges established by the city commission that are referred to in the indicated sections of the Code of Ordinances. Certain specified fees and charges, as identified herein, shall be subject to annual adjustment by the city manager, pursuant to the provisions of section 1-15 and this Appendix"A". A schedule of all current city fees and charges as set forth in Appendix "A" shall be maintained on the city's website. Annual Adjustment Amount (References Section of this Description (Sales tax or shown are Code other taxes defined at may apply) the end of this Appendix A) Subpart B. Land Development Regulations Chapter 118.Administration and Review Procedures Failure to appear before a board for Status or Progress Report 2,625.00 [A] Zoning Verification letter (per address or folio - includes 1 hour of research). For abutting properties within the same zoning district, one fee shall apply for single or multiple letters with different addresses 264.00 [A] and/or folios, provided the same information being requested applies to all addresses and/or folios. Zoning Interpretation Letter(includes 4 hours of research) 1,050.00 [A] Research per hour fee - - •. - . 159.00 [A] T:\Agenda\2021\6_April 21\Planning\Fees for Zoning Verification Letters-Appendix A.docx Ordinances -R5 H MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: May 12, 2021 2:05 p.m. Second Reading Public Hearing SUBJECT:APPENDIX A FEE SCHEDULE MODIFICATION - ZONING VERIFICATION LETTERS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING APPENDIX A, "FEE SCHEDULE," TO REVISE AND ESTABLISH FEES CHARGED FOR ZONING VERIFICATION LETTERS, AND CLARIFY EXISTING PROVISIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. BACKGROUND/HISTORY On January 13, 2021, at the request of Commissioner Ricky Arnola, the City Commission referred a discussion item to the Finance and Economic Resilience Committee (Item C4H) pertaining to Zoning Verification Letters. On February 19, 2021 the Finance and Economic Resiliency Committee (FERC) recommended Appendix A of the fee schedule be updated for zoning verification letters based on the type of request and level of review. A zoning verification letter is issued by the Planning Department for a specific property or properties to confirm zoning, potential future development, or to verify that an existing property or use conforms with the City's current zoning regulations. Currently, the City charges a fee of $264 per property (folio number). This fee includes one hour of research. For requests requiring research beyond one hour, an additional fee of$159 per hour is charged. In terms of best practices, the following is a comparison of the fees charged by similar sized City's for zoning verification letters: Municipality Fee Per Property/Folio Research Fee City of Miami Beach $264 YES $159/hour Miami-Dade County $236.67 YES NO* City of Miami $200 YES Not Specified Page 376 of 859 City of Coral Gables $305 NO Not Specified City of North Miami 234 YES Not Specified City North Miami Beach $100/$250 NO $75/hour** City of Aventura $100 NO $75/Hour City of Hollywood $324 Not Specified Not Specified City of Hallandale Beach $400 Not Specified $100/hour *Miami-Dade County does not charge a research fee. However, if they determine the request to be "complex' they charge a minimum fee of$473.34 **The City of North Miami Beach charges$250 if significant research is required. The City's current fee of$264 per property is comparable to the fees charged by other municipalities. ANALYSIS In certain instances, multiple zoning letters are requested within a unified development site for each folio number. This happens, for example, when a financial institution requires one letter per folio when they process title policies and loan documents. Although each letter may contain the same exact request and response, under Appendix A of the fee schedule, a fee per folio number is still required. There have been occasions in the past where requests for zoning letters involve unified development sites that contain multiple folio numbers, and a letter is needed for each folio. If the folio numbers within a single site have not been consolidated into one folio at the time of the request, multiple fees are charged, per folio number, even though the information contained in the letter is identical. In order to address duplicate fees for each folio, the following amendment to Appendix A (Fee Schedule),to modify the fee description for Zoning Verification Letters, is proposed: Zoning Verification Letter (per address or folio — includes 1 hour of research). However. abutting properties. within the same zoning district. may be charged one fee for multiple letters. if required.provided the same information being requested applies to all properties. This modification would allow for the Zoning Verification Letter fee to be charged per unified development site, rather than per folio, provided the folios have common zoning designations and the information being requested is identical per folio. Overall, the proposed Ordinance is expected to have minimal impacts to revenue, if any, since the fees and applicability capture the review process. UPDATE The subject Ordinance was approved at First Reading on April 21, 2021,with no changes. SUPPORTING SURVEY DATA Improvements to the Development Process CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Page 377 of 859 Applicable Area Citywide Is this a "Residents Right Does this item utilize G.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Planning Sponsor Commissioner Ricky Arcola ATTACHMENTS: Description ❑ Ordinance ❑ Appendix A Page 378 of 859