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98-3155 ORD ORDINANCE NO. 98-3155 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, AMENDING CHAPTER 118 ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES", SECTION 118-255 ENTITLED "FEES" BY MODIFYING THE FEE APPLICABLE TO APPEALS OF DECISIONS OF THE DESIGN REVIEW BOARD; AMENDING SECTION 118-537 ENTITLED "REHEARINGS AND APPEALS" TO PROVIDE FOR A FEE APPLICABLE TO APPEALS OF DECISIONS OF THE HISTORIC PRESERVATION BOARD AND THE JOINT DESIGN REVIEW BOARD/HISTORIC PRESERVATION BOARD; AMENDING APPENDIX A ENTITLED "FEE SCHEDULE" TO ADJUST AND ESTABLISH THE APPLICABLE APPEAL FEES; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Design Review Board, Historic Preservation Board and Joint Design Review Board/Historic Preservation Board perform a variety of regulatory review functions encompassing the examination of proposed development projects for consistency with the appropriate criteria; and WHEREAS, appeals may be filed as more specifically provided in the City Code; and WHEREAS, the City Code requires applicants for such an appeal to pay a fee; and WHEREAS, the City of Miami Beach deems it advisable to reasonably reduce said fee to an appropriate amount; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 118-255 entitled "Fees" of Chapter 118 the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 118-255. Fees. (a) An applicant shall pay, upon the submission of an application to the planning, design and historic preservation division, a fee based upon the following schedule: * * * (13) Appeal of a staff decision to the board shall require a fee as provided in appendix A and an appeal of a board decision to the city commission shall require a fee as provided in appendix A of thrcc fourths of the original application f'Cc. The fee shall be refunded if the applicant prevails in the appeal. * * * SECTION 2. That Section 118-537 entitled "Rehearings and Appeals" of Chapter 118 the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Sec. 118-537. Rehearings and Appeals. * * * (b) Appeals (1) The applicant, the owner of the subject property, the city manager, Miami Design Preservation League, Dade Heritage Trust, or an affected person may appeal the board's decision to a special master appointed by the city commission. For purposes of this section, "affected person" shall mean either: (i) a person owning property within 375 feet of the Applicant's project reviewed by the Board, or (ii) a person that appeared before the Board (directly or represented by counsel), and whose appearance is confirmed in the record of said Board's public hearing(s) for such project. The appeal shall be based on the record of the hearing before the board, shall not be a de novo hearing, and no new, additional testimony shall be taken. The appeal shall be in writing, shall be by or on behalf of a named appellant(s), and shall be submitted to the historic preservation and urban design director within 20 days of the date on which the board reached a decision on an application. However, in the event that a petition for rehearing is filed pursuant to subsection 118-537(a), the time for filing an appeal to the special master shall be 20 days from the date of the board's ruling on the petition or from any rehearing which may be held. Within 30 days of receipt of the appeal, the historic preservation and urban design director shall submit the appeal to the special master who shall set a date and time for hearing the appeal. Notice requirements for the hearing shall be identical to the notice requirements for the original decision upon which the appeal is based. The appeal shall require a fee as provided in appendix A. 2 * * * SECTION 3. That appendix A entitled "Fee Schedule" of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: * * * Article VI Design Review Procedures * * * 118-255(a)(l3) Appeal of a staff decision to the board 250.00 Appeal ill board decision to the city commission requires a fee of the lesser of: (i) $500.00. or (ii) one- half three fourths of the original application fee. * * * Article X Historic Preservation Division 2. Historic Preservation Board and Design Review Board Joint Review Qf Projects 118-537(b)(I) Appeal of a board decision to the special master requires a fee of the lesser of: (i) $500.00. or (ii) one-half of the original application fee. * * * SECTION 4. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 5. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA 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. 3 SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the 28th day of November ,1998. PASSED and ADOPTED this 18th day of November ,1998. JM:r~ CITY CLERK ~ ~/~ MAYOR F:IPLAN\$PLB\AUG\FEES1349\ 1349FEE2.0RD 1st reading 10/21/98 2nd reading 11/18/98 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1ft Ht/};dL- Ci'Y Attorney &3Vgy D(!4..~ 4 CITY OF MIAMI BEACH m :;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 1ttp:\\cLm iami-beach. f1, us TO: FROM: SUBJECT: COMMISSION MEMORANDUM NO. ~ - '1 g Mayor Neisen O. Kasdin and DATE: November 18, 1998 Members of the City lmiSSion Sergio ROdrigUez., '1l:::-- . I City Manager 7 Second Re~'ng Public Hearing - 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, Amending Chapter 118 Entitled "Administration and Review Procedures", Section 118-255 Entitled "Fees" By Modifying the Fee Applicable to Appeals Of Decisions of the Design Review Board; Amending Section 118-537 Entitled "Rehearings and Appeals" to Provide for a Fee Applicable to Appeals Of Decisions of the Historic Preservation Board and the Joint Design Review Board/Historic Preservation Board; Amending Appendix A Entitled "Fee Schedule" to Adjust and Establish the Applicable Appeal Fees; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance, as amended upon first reading. BACKGROUND At the City Commission meeting of June 3, 1998, the consideration of an amendment to the Zoning Ordinance which would reasonably reduce fees with respect to filing of appeals of decisions of the Design Review Board, Historic Preservation Board and Joint Design ReviewIHistoric Preservation Board was referred to the Planning Board at the request of Commissioner Dermer. Upon referral, staff of the Planning, Design and Historic Preservation Division drafted the proposed amendment. On August 25, 1998, the Planning Board recommended that this amendment to the Land Development Regulations (LDR's) of the City Code to amend the fee schedule for appeals of decisions of the Design Review Board and the Joint Design ReviewIHistoric Preservation Board be approved. On October 21, 1998, an amended version the proposed ordinance, reflecting the Administration's recommendation regarding a flat $750 appeal fee, was approved by the City Commission on first reading (6-0), and it is this amended ordinance which is before the Commission today. AGENDA ITEMJ2-S :D DATE_I I-I g - 96 AN AL YSIS Regarding appeals of decisions of the Design Review Board (DRB), currently the LDR's require a fee of three-fourths of the original application fee. In many cases this would amount to a substantial sum, as application fees for large development projects are calculated using total floor area, and can run into the thousands of dollars. Currently the fee for DRB application is $0.0075 per square foot of floor area. The proposed amendment as recommended by the Planning Board would have reduced and standardized the fee for appeals of DRB decisions to the lesser of five- hundred ($500) dollars or one-half of the original application fee. However, this amount is somewhat less than appeals fees for similar appeals and applications to other development review boards such as the Planning Board and Board of Adjustment. For this reason, the Administration had recommended that the appeal fee be set at a flat $750, which would be more consistent with the appeals fee structure for similar boards. Any proposed reduction of the fee associated with appeals of decisions of the DRB should have the effect of affording a greater number of affected persons to appeal DRB decisions in future, as the current fee structure is deemed to be too cost prohibitive. Additionally, Design and Preservation staff confirms that $750 approximates the actual costs of processing such appeals with regard to staff time, materials and noticing in the newspaper. This figure excludes the costs involved with the applicable mailed notice requirements, which the City requires to be the responsibility of the appellant. With regard to appeals to the Special Master of decisions of the Historic Preservation Board or Joint Design Review BoardlHistoric Preservation Board, currently the LDR's are silent on the subject of fees. In practice, the setting of this fee has been left to the discretion of the Special Master. The amendment as recommended by the Planning Board would have established a standard fee for appeal to the Special Master as the lesser of five-hundred ($500) dollars or one-half of the original application fee as well. However, as stated above, the Administration concluded that a flat fee of $750 would be more consistent with fees for other similar appeals and applications, as well as the Administration's recommended appeal fee for DRB decisions. Upon first reading, the Commission concurred with the Administration's recommendation and amended the proposed ordinance to reflect a flat $750 fee for appeals of decisions of the Design Review Board and appeals to the Special Master of decisions of the Historic Preservation Board or Joint Design Review BoardlHistoric Preservation Board. It is this amended ordinance that is before you today. It should be noted that while this appeal fee issue has been requested by the Commission to be heard at this time, over the past several months the Planning Department have been in the process of examining all applicable fees associated with the Land Development Regulations. The Planning Department anticipates that an amendment regarding the entire Land Development Regulations fee schedule will be put forward in the near future, for purposes of adjusting fees across the board, in response to rising administrative costs associated with the City's planning, zoning, design and preservation responsibilities. CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should adopt the proposed amending ordinance to Section 118 and Appendix A of the City Code, as amended upon first reading (setting the subject fees at a flat $750), as it will clarify the appeal procedure and further harmonize the appeal fees required for all Boards. A)k p-,- SR(1G\DG\RGL \rgl C:ITEMPIWP{WP}.BK2 C I T Y 0 F M I A M I B E A C H NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, November 18, 1998, at the times listed below, to consider the adoption of the following ordinances: at 11:00 a.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES", SECTION 118-255 ENTITLED "FEE" BY MODIFYING THE FEE APPLICABLE TO APPEALS OF DECISIONS OF THE DESIGN REVIEW BOARD; AMENDING SECTION 118-537 ENTITLED "REHEARINGS AND APPEALS" TO PROVIDE FOR A FEE APPLICABLE TO APPEALS OF DECISION OF THE HISTORIC PRESERVATION BOARD AND THE JOINT DESIGN REVIEW BOARD/HISTORIC PRESERVATION BOARD; AMENDING APPENDIX A ENTITLED "FEE SCHEDULE" TO ADJUST AND ESTABLISH THE APPLICABLE APPEAL FEE; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. at 11:30 a.m. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118 ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES", SECTION 118-353 ENTITLED "VARIANCE APPLICATIONS" TO PERMIT VARIANCES FOR FLOOR AREA RATIO, SOLELY FOR PURPOSES OF EFFECTUATING A LOT SPLIT, FOR PROPERTIES WITHIN AN HISTORIC DISTRICT UPON WHICH THERE ARE TWO OR MORE CONTRIBUTING BUILDINGS, AND SUCH VARIANCE WILL NOT RESULT IN ADDITIONAL DEVELOPMENT ON ANY PORTION OF THE PROPERTY; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. INQUIRIES may be directed to the Planning Department at (305) 673-7550. at 1:30 p.m. AN ORDINANCE AMENDING ARTICLE IV ENTITLED "CRIMINAL NUISANCES" OF MIAMI BEACH CITY CODE CHAPTER 70, ENTITLED "MISCELLANEOUS OFFENSES" CORRECTING SCRIVENER'S ERROR; AMENDING PENALTIES ON PLACES OR PREMISES DECLARED PUBLIC NUISANCES; PROVIDING FOR THE RECORDING OF ORDERS ISSUED BY THE NUISANCE ABATEMENT BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE INQUIRIES may be directed to the Office of the City Attorney at (305)673-7470. at 2:00 p.m. AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR A 3% SALARY INCREASE EFFECTIVE SEPTEMBER 29, 1997; AND A 3% INCREASE EFFECTIVE SEPTEMBER 28, 1998; AND A 3% INCREASE EFFECTIVE SEPTEMBER 27, 1999; ABOLISHING THE CLASSIFICATIONS OF AIR CONDITIONING HELPER, COMMUNICATIONS TECHNICIAN I, COMMUNITY SERVICES SPECIALIST, ELECTRICAL HELPER, MUSEUM ASSISTANT, PHOTOGRAPHER, PLUMBER HELPER AND SECRETARY; ELIMINATING THE TWO TIER COMPENSATION PLAN FOR THOSE CLASSIFICATIONS REPRESENTED BY THE COMMUNICATIONS WORKERS OF AMERICA (CWA) IN ACCORDANCE WITH THE NEGOTIATED AGREEMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. at 2:30 p.m. AN ORDINANCE AMENDING CHAPTER 78 OF THE MIAMI BEACH CITY CODE ENTITLED "PERSONNEL", BY AMENDING ARTICLE IV ENTITLED "POLICE OFFICERS' AND FIREFIGHTERS' SUPPLEMENTAL PENSION", BY AMENDING DIVISION 4 ENTITLED "BENEFITS" BY AMENDING SECTION 78-276 ENTITLED "SERVICE AND DISABILITY BENEFITS FOR MEMBERS WHO WERE EMPLOYED BY THE CITY PRIOR TO MAY 19, 1993", BY PROVIDING FOR A RULE OF 70 RETIREMENT WHERE THE SUM OF THE MEMBER'S AGE AND CREDITABLE SERVICE EQUALS TO AT LEAST SEVENTY (70), AND BY AMENDING DIVISION 1 ENTITLED "GENERALLY", BY AMENDING SECTION 78-195 ENTITLED "LIMITATIONS AND BENEFITS" TO PROVIDE FOR THE RULE OF 70 RETIREMENT CONSISTENT WITH ALL APPLICABLE FEDERAL CODES, REGULATIONS AND ACTS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE, INQUIRIES may be directed to the Office of Labor Relations at (305) 673-7014. All persons are invited to appear at this meeting or be represented by an agent, or to express their views in writing addressed to the City Commission c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of thess ordinances are available for public inspection during normal business hours in the City Clerk's Office. The hearing on these Ordinances may be continued at this meeting and under such circumstances, additional legal notice would not be provided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissable or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's Office no later than four days prior to the proceeding. Telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE), for assistance.