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94-21392 RESO RESOLUTION NO. 94-21392 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A DATE AND TIME FOR A FIRST READING AND A DATE AND TIME FOR A FINAL READING AND PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 5, ENTITLED "GENERAL PROVISIONS", AMENDING SUBSECTION 5-8, ENTITLED "DIVISION OF LOT; LOT-SPLIT" BY AMENDING THE REVIEW FEE; AMENDING SECTION 7, ENTITLED "PARKING REGULATIONS", AMENDING SUBSECTION 7 - 9, ENTITLED "SURPLUS AND UNDER-UTILIZED PARKING SPACES" BY AMENDING THE APPLICATION FEE; AMENDING SECTION 12, ENTITLED "LIQUOR CONTROL REGULATIONS", AMENDING SUBSECTION 12-1, ENTITLED "GENERAL PROVISIONS" BY AMENDING THE APPLICATION REVIEW FEE; AMENDING SECTION 13 , ENTITLED "NONCONFORMING STRUCTURES AND USES", AMENDING SUBSECTION 13 - 9 , ENTITLED "PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS" BY AMENDING THE PROCESSING FEE; AMENDING SECTION 14 , ENTITLED II CHANGES AND AMENDMENTS", AMENDING SUBSECTION 14 -1, ENTITLED "PETITION FOR CHANGES AND AMENDMENTS" BY AMENDING THE APPLICATION FEES FOR CHANGES TO THE ZONING ORDINANCE OR COMPREHENSIVE PLAN; AMENDING SECTION 16 , ENTITLED "BOARD OF ADJUSTMENT", AMENDING SUBSECTION 16-7, ENTITLED "POWERS AND DUTIES" BY AMENDING THE APPLICATION FEES; AMENDING SECTION 17, ENTITLED "PLANNING BOARD", AMENDING SUBSECTION 1 7 - 4 , ENTITLED "CONDITIONAL USE PROCEDURES" BY AMENDING THE APPLICATION FEES; AMENDING SUBSECTION 17 - 6, ENTITLED "DIVISION OF LOTS/LOT SPLIT APPEAL PROCEDURES" BY AMENDING THE APPLICATION FEES; AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD", AMENDING SUBSECTION 18-2, ENTITLED "DESIGN REVIEW PROCEDURES" BY AMENDING THE APPLICATION FEES AND PROVIDING THAT APPLICANTS SHALL BE RESPONSIBLE FOR MAIL NOTICE REQUIREMENTS; AMENDING SECTION 19, ENTITLED "HISTORIC PRESERVATION BOARD AND HISTORIC DISTRICT REGULATIONS", AMENDING SUBSECTION 19-5, ENTITLED "DESIGNATION OF HISTORIC PRESERVATION SITES, STRUCTURES, BUILDINGS, INTERIORS, IMPROVEMENTS, LANDSCAPE FEATURES OR DISTRICTS II BY AMENDING THE APPLICATION FEES AND PROVIDING THAT APPLICANTS SHALL BE RESPONSIBLE FOR MAIL NOTICE REQUIREMENTS; AMENDING SUBSECTION 19-6, ENTITLED "ISSUANCE OF CERTIFICATE OF APPROPRIATENESS / CERTIFICATE TO DIG / CERTIFICATE OF APPROPRIATENESS FOR DEMOLITIONII BY AMENDING THE APPLICATION FEES AND PROVIDING THAT APPLICANTS SHALL BE RESPONSIBLE FOR MAIL NOTICE REQUIREMENTS; AMENDING SECTION 21, ENTITLED "ADMINISTRATION", AMENDING SUBSECTION 21-1 ENTITLED II ENFORCEMENT II BY AMENDING THE FEE STRUCTURE FOR ZONING INTERPRETATION LETTERS; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Historic Preservation Services Division has recommended amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 5, entitled "General provisions", amending Subsection 5-8, entitled "Division of Lot; Lot-Split" by amending the review fee; amending Section 7, entitled "Parking Regulations", amending Subsection 7-9, entitled "Surplus and Under-Utilized Parking Spaces" by amending the application fee; amending Section 12, entitled "Liquor Control Regulations", amending Subsection 12-1, entitled "General provisions" by amending the application review fee; amending Section 13 , entitled "Nonconforming Structures and Uses", amending Subsection 13 - 9, entitled "Procedure for Retention of Illegally Subdivided Units, Undersized Units or Illegally Installed Kitchens" by amending the processing fee; amending Section 14 entitled "Changes and Amendments", amending Subsection 14-1, entitled "petition for Changes and Amendments" by amending the application fees for changes to the Zoning Ordinance or Comprehensive Plan; amending Section 16 entitled "Board of Adjustment", amending Subsection 16-7, entitled "Powers and Duties" by amending the application fees; amending Section 17, entitled "Planning Board", amending Subsection 17-4, entitled "Conditional Use Procedures" by amending the application fees; amending Subsection 17-6, entitled "Division of Lots/Lot Split Appeal Procedures" by amending the application fees; amending Section 18, entitled "Design Review Board", amending Subsection 18-2, entitled "Design Review Procedures" by amending the application fees and providing that 2 applicants shall be responsible for mail notice requirements; amending Section 19, entitled IIHistoric Preservation Board and Historic District Regulations II , amending Subsection 19-5, entitled IIDesignation of Historic Preservation Sites, Structures, Buildings, Interiors, Improvements, Landscape Features or Districtsll by amending the application fees and providing that applicants shall be responsible for mail notice requirements; amending Subsection 19-6, entitled IIIssuance of Certificate of Appropriateness / Certificate to Dig / Certificate of Appropriateness for Demolitionll by amending the application fees and providing that applicants shall be responsible for mail notice requirements; amending Section 21, entitled IIAdministrationll, amending Subsection 21-1 entitled II Enforcement II by amending the fee structure for zoning interpretation letters; providing for inclusion in the Zoning Ordinance; providing for repealer, severability and an effective date; and WHEREAS, on October 25, 1994 the City's Planning Board held a public hearing to consider the proposed amendments and voted in favor of recommending adoption of the amendments. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the City Commission will consider on first reading an ordinance amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 5, entitled "General provisions II , amending Subsection 5-8, entitled IIDivision of Lot; Lot-Splitll by amending the Review Fee; amending Section 7, entitled IIparking Regulations II , amending Subsection 7-9, 3 entitled IISurplus and Under-Utilized Parking Spacesll by amending the application fee; amending Section 12, entitled IILiquor Control Regulations II , amending Subsection 12-1, entitled II General provisions II by amending the application review fee; amending Section 13 , entitled "Nonconforming Structures and Uses", amending Subsection 13 - 9, entitled II Procedure for Retention of Illegally Subdivided Units, Undersized Units or Illegally Installed Kitchensll by amending the processing fee; amending Section 14 entitled II Changes and Amendments II , amending Subsection 14-1, entitled IIpetition for Changes and Amendmentsll by amending the application fees for changes to the Zoning Ordinance or Comprehensive Plan; amending Section 16 enti tled IIBoard of Adj ustment II, amending Subsection 16-7, entitled IIPowers and Dutiesll by amending the application fees; amending Section 17, entitled IIPlanning Board", amending Subsection 17-4, entitled IIConditional Use proceduresll by amending the application fees; amending Subsection 17-6, entitled IIDivision of Lots/Lot Split Appeal Procedures II by amending the application fees; amending Section 18, entitled IIDesign Review Board", amending Subsection 18-2, entitled IIDesign Review Procedures II by amending the application fees and providing that applicants shall be responsible for mail notice requirements; amending Section 19, entitled IIHistoric Preservation Board and Historic District Regulations II , amending Subsection 19-5, entitled IIDesignation of Historic Preservation Sites, Structures, Buildings, Interiors, Improvements, Landscape Features or Districtsll by amending the application fees and providing that applicants shall 4 be responsible for mail notice requirements; amending Subsection 19-6, entitled "Issuance of Certificate of Appropriateness / Certificate to Dig / Certificate of Appropriateness for Demolition" by amending the application fees and providing that applicants shall be responsible for mail notice requirements; amending Section 21, entitled "Administration", amending Subsection 21-1 entitled "Enforcement" by amending the fee structure for zoning interpretation letters; providing for inclusion ln the Zoning Ordinance; providing for repealer, severability and an effective date in its Chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on December 7,1994, 1994 beginning at 11:30 a .mo, and that if this Ordinance passes on first reading, a final reading which will also be a public hearing to consider the Ordinance is tentatively set for December 21, 1994, 1994 beginning at 11: 30 a. m., and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearings in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard 7 .oJ 2nd day of . Nov~m1r ,1994. ~/ L/, PASSED and ADOPTED this ATTEST: dM f.~,.. CITY CLERK - SWS:scf:5.1disk7\feetitl.res fORM APPROVED LEGAL DEPT. T0 5 By Date 5 Cv5 ;0 - "27 - q 1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. ~ FROM: Mayor Seymour Gelber and Members of the City Commission RogerM. carlto~ City Manager SETTING. OF PUBLIC HEARING - AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ZONING ORDINANCE NO. 89- 2665 BY AMENDING THE FEE SCHEDULE FOR APPLICATIONS REGARDING THE BOARD OF ADJUSTMENT, DESIGN REVIEW BOARD, HISTORIC PRESERVATION BOARD, PLANNING BOARD, ZONING CHANGES AND AMENDMENTS, RETENTION OF ILLEGAL UNITS, LOT SPLITS, ZONING INTERPRETATION LETTERS, UNDERUTILIZED PARKING SPACES, AND THE SERVICE CHARGE FOR REVIEW OF APPLICATIONS FOR A STATE LIQUOR LICENSE, (FILE '1201) DATE: NOVEMBER 2, 1994 TO: SUBJECT: RECOMMENDATION The Administration recommends the City commission set the first reading public hearing for December 7, 1994 regarding the attached ordinance to amend the fee schedules contained within zoning Ordinance 89-2665. BACKGROUND The City Administration, through the Planning Design and Historic Preservation Division, is requesting to amend Zoning Ordinance 89- 2665 as it relates to most fees imposed for planning, zoning, design review and historic preservation services in the City of Miami Beach. The re-structuring of these fees is seen as necessary to bring revenues more in line with departmental costs and to make them commensurate with the services being provided. The City Commission has approved a list of priority projects to be undertaken by staff over the coming year. As part of that approval process, the Land Use and Development Committee concluded that adequate staff is necessary to complete these projects, as well as, to adequately serve the Planning Board, Board of Adjustment, Design Review Board and Historic Preservation Board. During the discussion at the above referenced committee meeting, it was mentioned by a representative of the development community that the fee structure for development review approvals is less in Miami Page 1 AGENDA ITEM DATE ~-1-I , 1-2-qL/_ Beach than other municipalities in Dade County. It was suggested that an increase in fees would be appropriate to bring them more in line with actual costs of providing services, but also as a revenue source to pay for additional staff. It is important to note that the fee structure was amended two years ago (1992); however, that amendment was not fully comprehensive, dealing only with the following: Planning Board, Board of Adjustment, Retention of Illegal Units, Ordinance Amendments, Interpretation of the Ordinance and Review of Alcoholic Beverage License fees. Furthermore, since that time, many of these procedures have become considerably more complicated in order to address legal issues, thereby increasing the cost to the City in carrying them out. On October 25, 1994, the Planning Board held a public hearing on the proposed amendment and voted 7-0 to recommend approval of the amendment with a minor change relative to refunds and zoning confirmation letters. ANALYSIS staff of the Planning, Design & Historic Preservation Division has examined all fees within Zoning Ordinance 89-2665, and has recommended changes which it believes to be fair and commensurate with the amount of staff time needed for each type of service. Some of these fees in question have not been changed since 1989; others have been amended as recently as 1992, as described above. Importantly, we have also attempted to make the fee structure internally consistent so that there is some degree of parity in application costs between each of the Boards which review projects. Certain fees have not been proposed for change as we believe they are already correctly established vis-a-vis actual costs and/or other proposed fees for related items. Most of the amended fees do not require any explanation. However, some points need to be emphasized. a). The mailing fees are proposed to be removed for the Planning Board, Design Review Board and Historic Preservation Board; it would be the responsibility of the applicant to mail (and attest to said mailing) all required notices of public hearing. b) . For the Board of Adj ustment, it is proposed that a separate fee structure for parking requirements be eliminated; this fee is a holdover, we believe, from the time when variances were granted for the required number of parking spaces. Page 2 c). For the Planning Board, it is proposed to differentiate between an appeal of a Planning Board decision and an appeal of a decision of the Planning and Zoning Director; the latter appeal would have a lesser fee. Also, "After the Fact" applications are proposed to have a doubled fee. d). Under Design Review procedures, storefront reconfiguration, replacements and minor alterations/additions are established at one fee. A new fee would be established for awning and window replacement review -- the same as that for building signage. Review of major revisions to Board approved plans is proposed to have a different fee than that for a review of a minor revision(s). Finally, a fee is to be established for re-hearings which is a new provision of the Code. e). The Zoning Compliance Letter fee structure is proposed to be changed to distinguish between single family districts and all other districts; the additional fee for plan review is proposed to be removed. A reduced fee is being established for confirmation of the zoning classification and permitted uses on a site. It is important to note that revenues from fees for the Planning, Design and Historic Preservation Division are currently running at approximately $250,000 per year. The amended fees are projected to increase revenues between $62,500 and $75,000 (or 25% to 30%). This increased revenue has already been budgeted for the current fiscal year to cover the costs of two new positions - a planner and a clerk typist. The addition of this staff is critical to maintaining an acceptable level of service to the public. CONCLUSION Based on the foregoing, the Administration recommends that the City Commission proceed to set a first reading public hearing on December 7, 1994, regarding this Ordinance to amend the fee structures contained in Zoning Ordinance 89-2665. DJG\JGG\MHF\DISKt9\1201CM.94 Page 3