Ordinance 98-3155 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 : - - - - : - - ; '.• - ,
application fcc. 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)(13) Appeal of a staff decision to the board 250.00
Appeal of a board decision to the city commission
requires a fee of the lesser of: (i) $500.00. or(ii) one-
half three-fettrths of the original application fee.
* * *
Article X Historic Preservation
Division 2. Historic Preservation Board and Design
Review Board Joint Review of Projects
118-537(b)(1) 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.
4'll * * *
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
r
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.
AT EST: MAYOR
t 19aA,CLA--
CITY CLERK
F:\PLAN\SPLB\AUG\FEES 1349\1349FEE2.ORD
1st reading 10/21/98
2nd reading 11/18/98 APPROVED AS TO
FORM& LANGUAGE
& FOR EXECUTION
eidaL_. /v/3)/ e
City Attorney Dc'
4
_ -
7
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
ittp:\\ci.m iam i-beach.fl.us
COMMISSION MEMORANDUM NO.-7�C�— Q�
TO: Mayor Nelsen O. Kasdin and DATE: November 18 1998
Members of the City C/o�mission
FROM: Serio Rodri `
g guez
City Manager /
SUBJECT: Second Re 'ding 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 Review/Historic 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 Review/Historic 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 ITEM �S JJ
DATE I I —I g— E
ANALYSIS
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 Board/Historic 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 Board/Historic 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.
SR G\DG\RGL\rgl
C:\TEMP\WP{WP}.BK2
CITY O F MIAMI BEACH
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
Ei 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.
is
1
I
O 00 NO a) CI,
? U v a0 „
00 cd
.0 O
�, •- w 0
z 3
a '—' 0-4 c a) O W
O �Oaj, U ., M
O e
kr)
' UUrZ4W � �1 ,--4