Ordinance 2019-4260 AMENDMENT TO APPENDIX A - COMPREHENSIVE FEE ADJUSTMENTS
LAND DEVELOPMENT AND PERMITTING FEES
ORDINANCE NO. 2019-4260
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
APPENDIX A, "FEE SCHEDULE," TO AMEND PLANNING
REVIEW FEES ASSOCIATED WITH LAND USE BOARD
APPLICATIONS, BY AMENDING THE PER-SQUARE-FOOT
FEES AND APPLICABILITY THEREOF, ESTABLISHING AN
ADDITIONAL FEE FOR CONDITIONAL USE PERMITS FOR
NEIGHBORHOOD IMPACT ESTABLISHMENT USES,
ELIMINATING THE "EXCESSIVE REVIEW FEE," AND
ESTABLISHING A RESUBMITTAL FEE; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the City Code establishes fees for development review, permitting, and
other services to cover the City's costs of implementing the regulations contained therein; and
WHEREAS, recently, the City Administration has reviewed the structure of fees
associated with Planning Board, Board of Adjustment, Historic Preservation Board, and Design
Review Board applications; and
WHEREAS, in order to better align the amount of permit fees charged with the actual
costs incurred by the City Administration in its review of land development board applications,
the Administration recommends the adoption of this Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
Appendix A to the City Code, entitled "Fee Schedule," is hereby amended as set forth in
"Exhibit A" to this Ordinance.
SECTION 2. REPEALER
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
1
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
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of mgr , 2019.
ATTEST:
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Dan Gelber
7/?/t , A °:*5L----
Mayor
Rafael E. Granado APPROVED AS TO
City Clerk FORM AND LANGUAGE
& R XECUTION
z - 3 19
City Attorney Date
First Reading: April 10, 2019 OC
Second Reading: May 8, 2019
Underscore denotes new language
StriIFeugh denotes deleted language
(Sponsored by Commissioner John Elizabeth Aleman)
T:\AGENDA\2019\04 April\Planning\Appendix A Comprehensive Fees-First Reading ORD.docx
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EXHIBIT "A"
APPENDIX A—FEE SCHEDULE
* *
Subpart B. Land Development Regulations
Chapter 118.Administration and Review Procedures
118-6 Cost recovery
Review and Report by outside source TBD
118-7 Fees for the administration of land development regulations
General Fees for Public Hearing
Application for preliminary evaluation for public hearing 500.00
Application for public hearing.See Sec. 118-7 for applicable waivers 2,500.00
Fee may be
reduced by a
Fees for design review board or historic preservation board-For nonprofits 4/7th
proposing art in public places and/or non-commercial artistic murals,graphics affirmative
and images vote of the city
commission via
resolution*
*The nonprofit corporation must be in operation for a minimum of one year,
must maintain its tax-exempt status in good standing with the Internal Revenue
Service (IRS)and must provide access of its financial statements to the city, in
order to assist the city commission in determining the economic viability and/or
necessity for the waiver of fees.
Additional fee for Application for public hearing which includes a Neighborhood
2.500.00
Impact Establishment
Application for clarification of previously approved board order 1,500.00
Application for amendment to an approved board order 2,500.00
Application for extensions of time of a previously approved board (non-
administrative) 1,500.00
3 times
Application for after the fact approval
original fee
Advertisement(Additional fees may apply based on notice requirement for LDR.
1,500.00
Comp. Plan and corresponding map amendments)
Mail Notice (per address) 4.00
Posting(per site) 100.00
Withdrawal or continuance prior to public hearing 500.00
Deferral of a public hearing 1,500.00
118-
162(a), Amendment of the Land Development Regulations,Zoning Map, Comprehensive
(b) Plan, and Future Land Use Map
Amendment to the permitted, conditional or prohibited uses in a zoning
2,500.00
category(per use)
Amendment to the permitted, conditional or prohibited uses in the
2,500.00
comprehensive plan
Amendment to the zoning map designation (per square foot of lot area) up to
0.50
5,000 sq.ft.
Amendment to the zoning map designation (per square foot of lot area) 5,001
0.70
sq.ft. and greater
Amendment of future land use map of the comprehensive plan (per square foot
0.50
of lot area) up to 5,000 sq.ft.
Amendment of future land use map of the comprehensive plan (per square foot
0.70
of lot area)5,001 sq.ft. and greater
Amendment to the land development regulations(per section being amended) 10,000.00
Amendment to the comprehensive plan (per goal, policy, or objective being
10,000.00
amended)
118-
Conditional Use Permit
193
Application for conditional use permit for an assisted living facility(per bed) 100.00
118-
253 Design Review
38 .30
Application for Design Review Board approval (per gross square foot of new Up to a
construction) maximum
of$40,000
118-
321 Land/Lot Split
See application fees under General Fees
118-
Variances
353
Per variance requested—See section 118-7 for applicable waivers 500.00
118-
562,
Certificate of Appropriateness
118-
564
39.30
Up to a
Application for COA(per gross square foot of new construction)
maximum
of$40,000
118- Historic Designation
591
Application for district designation (per platted lot) 100.00
Planning Director determination of architectural significance (142-108) 2,500.00
Staff Review and Miscellaneous Fees
Preliminary zoning review(Dry Run) up to 5,000 sq.ft. 2,500.00
0759.30
Preliminary zoning review (Dry Run) per square foot fee beyond 5,000 sq.ft. Up to a
maximum of
$40,000
Board Order Recording up to 10 pages(11+ pages will be assessed a per page
100.00
fee)
Status Reports 1,000.00
Progress Reports 2,500.00
Failure to appear before a board for Status or Progress Report 2,500.00
Zoning Verification letter(per address or folio-includes 1 hour of research) 250.00
Zoning Interpretation Letter 1,000.00
Research per hour fee (beyond four hours per submittal) 150.00
350.00
Excessive Review per hour fee (beyond four hours per submittal) Resubmittal
Fee (after second submittal) 1,250.00 per
submittal
Review of Covenants or Easement 5,000.00
Modification or release of Covenants or Easement 2,500.00
Courier(per package) 10.00
Recording fee (up to 10 pages) 100.00
Per page recording fee (beyond 10 pages) 10.00
Paint permit(non-online applications) 75.00
Signs (not requiring a building permit) 75.00
Hard copy(paper) submittal conversion of documents to electronic format shall
TBD
be charged at city's cost from vendor
M:\$CMB\CCUPDATES\Land Use and Development Committee\2019\April 3,2019\Comprehensive Fee Adjustments-APPENDIX A- April 2019
LUDC.docx
Ordinances- R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 8, 2019
10:15 a.m. Second Reading Public Hearing
SUBJECT:AMENDMENT TO APPENDIX A - COMPREHENSIVE FEE ADJUSTMENTS LAND
DEVELOPMENT AND PERMITTING FEES
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 APPENDIX A, "FEE SCHEDULE," TO AMEND
PLANNING REVIEW FEES ASSOCIATED WITH LAND USE BOARD
APPLICATIONS, BY AMENDING THE PER-SQUARE-FOOT FEES AND
APPLICABILITY THEREOF, ESTABLISHING AN ADDITIONAL FEE FOR
CONDITIONAL USE PERMITS FOR NEIGHBORHOOD IMPACT
ESTABLISHMENT USES, ELIMINATING THE "EXCESSIVE REVIEW FEE," AND
ESTABLISHING A RESUBMITTAL FEE; AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the attached ordinance amending Appendix
A, "Fee Schedule," for planning review fees related to land use board reviews pursuant to Chapter 118,
Subpart B—Land Development Regulations.
ANALYSIS
HISTORY
On December 14, 2018, the Finance and City Wide Projects Committee (FCWPC) discussed an item
pertaining to developer fees associated with Land Use Boards. The Committee recommended that the City
Commission amend Appendix A(fees)to impose a temporary cap on the per square foot fee associated with
Land Use Board applications. The Committee recommended an initial cap of $40,000.00 and asked the
Administration to study the figure further.
On January 16, 2019 the City Commission discussed a proposed amendment to Appendix A (fees) and
directed the city administration to bring back an ordinance amending Appendix A(fees) to create a cap on
the per square foot fees for certain land use boards for first reading on February 13, 2019. Additionally, the
City Commission directed the city manager to allow for a temporary hold on per square foot fees for Design
Review and Historic Preservation Board applications that exceed $40,000, until an amendment to appendix
A is adopted at second reading. On March 13th, 2019, the Commission approved the $40,000 cap on the
square foot fee on second reading which is now fully implemented.
On February 13, 2019, at the request of Commissioner John Elizabeth Aleman, the City Commission
referred the item to the Land Use and Development Committee (item R5Q). The subject referral pertains to
the following comprehensive development fee adjustments:
Page 388 of 1102
1. Application of the per-square-foot fee to all types of development applications.
2. Reduction in the per-square-foot fee.
3. Afee adjustment for Conditional Use and Neighborhood Impact Establishment applications.
4. Revisions to the resubmittal and excessive review fees.
5. Increasing the variance fee.
On April 3, 2019 the Land Use and Development Committee reviewed the attached modifications to
Appendix A and recommended approval.
BACKGROUND
In 2014 a review of the city's adopted development review fee schedule was conducted to determine if the
fees were still at the appropriate rates 10 years after the prior review. With variations in economic conditions
and increased rates for external costs, the fee schedule did not accurately represent the costs to the city,
following multiple presentations and favorable recommendations from, Finance and Citywide Projects
Committee, Land Use Development Committee, Planning Board and four hearings at City Commission, the
fees were adjusted in October of 2015, with the intent to recover costs associated with development , In
consideration of ongoing projects, the new fees were not implemented until May if 2016. Additionally, prior
fees were honored for projects which had applied for board approval or building permit.
On April 26, 2017, the City Commission referred an item to the Finance and Citywide Projects Committee to
discuss the fees charged to developers to appear before the city's land use boards, City staff conducted
internal reviews and engaged the firm of Keith & Schnars to expand on the city's review, compare City of
Miami Beach fees and processes to other cities as well as provide recommendations
The fee review and analysis process included comparing the fee schedule in the City of Miami Beach with
the fee schedules in the following municipalities: City of Delray Beach, City of Fort Lauderdale, City of
Hollywood, Miami-Dade County, City of Miami, City of Coral Gables, and City of Key West. Meetings were
held with city staff and stakeholders to gather background information and data on recent projects and some
history on why the fees are not covering enough of the expenses that they are intended to cover.
Stakeholder groups included the Miami Dade Preservation League and those who are in the development
community, as members of the Chamber of Commerce.
In comparison with other municipal fee schedules, several fees had major variations (higher and lower),
whereas others were approximately the same. However, the comparison is not straightforward. Each of
those municipalities has different expenses that are intended to be covered by the fees, plus costs vary over
time and it may depend on when their fee schedules were adopted. Most of the development review
processes in other cities are subsidized by their general fund. Prior to CMB adjusting and updating the fee
schedule in 2015, departments like Planning were being subsidized by the general fund by 72%. As such
the fee structure that existed at the time was only capturing 28% of the costs associated with the review of
projects seeking approval from a land use board as well as the department's review of plans submitted for
permit. After adoption in 2015 and implementation in May of 2016, the fee structure is designed to capture
sufficient revenue to offset expense.
Another factor is the Consumer Price Index(CPI-U), which has increased annually in all but one of the past
10 years. A$20,000 project in 2007 would cost $23,633 today and a $100,000 project in 2007 would cost
$118,165 today. CPI-U and other fee increases were not adjusted in the City's fee schedule until 2015
when the fees were analyzed, revised and a new fee schedule adopted.
FINANCE AND BUDGET ANALYSIS
Upon an extensive review of the City's projected revenues, the administration does have some concerns
with the impact that a uniform cap on the per square foot fee for certain Land Use Board applications will
have on revenues.As such, in order to minimize the impact of modifications to the fee structure on revenues,
Page 389 of 1102
the administration is recommending that the per-square-foot fee also be applied to all types of development
equally(with some exceptions), and that the fee be reduced from the current 0.50 per-square-foot fee to 0.30
per-square-foot.
Restructured/Reduced fees
Current Proposed
Applicable to new
construction, additions
and remodels with
Applicable to exception to minor
new improvements such as
construction balconies, awnings, and
Square foot fee only $ 0.50 windows $ 0.30
Per hour
beyond four Resubmittal Fee (per
Excessive hours (per submittal after 2nd
Review Fee submittal) $ 150.00 review) $1,250.00
Variance Per Variance $ 500.00 Per Variance $ 750.00
New fees
Current Proposed
Conditional Use
Permits (CUP)
with
Neighborhood CUP with NIE
Impact (no fee for the
Establishment review of the $
(NIE) NIE) 2,500.00 CUP with ME review $5,000.00
FISCAL IMPACT
The impact is estimated to be a reduction to the general fund revenues of between $125,000 and $200,000
annually. This estimate takes into consideration the recently adopted $40,000 cap on the square foot fee
and assumes the approval of the new and restructured fee schedule proposed above. However, the impact
could rise to approximately$350,000 if the square foot fee is not applied to additions and remodels or other
changes identified above adopted.
UPDATE
The subject ordinance and amendment to Appendix A was approved at first reading on April 10, 2019, with
no changes.
CONCLUSION
The administration recommends that the City Commission adopt the attached ordinance at first
reading, amending Appendix A to establish new fees.
Legislative Tracking
Planning
Page 390 of 1102
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
❑ AppendixA
❑ Form Approved ORD
Page 391 of 1102
COMPREHENSIVE FEE ADJUSTMENTS—APPENDIX A
Subpart B. Land Development Regulations
Chapter 118.Administration and Review Procedures
118-6 Cost recovery
Review and Report by outside source TBD
118-7 Fees for the administration of land development regulations
General Fees for Public Hearing
Application for preliminary evaluation for public hearing 500.00
Application for public hearing. See Sec. 118-7 for applicable waivers 2,500.00
Fee may be
reduced by a
Fees for design review board or historic preservation board - For nonprofits 4/7th
proposing art in public places and/or non-commercial artistic murals,graphics affirmative
and images vote of the city
commission via
resolution*
* The nonprofit corporation must be in operation for a minimum of one year,
must maintain its tax-exempt status in good standing with the Internal Revenue
Service(IRS)and must provide access of its financial statements to the city, in
order to assist the city commission in determining the economic viability and/or
necessity for the waiver of fees.
Additional fee for Application for public hearing which includes a Neighborhood
2,500.00
Impact Establishment
Application for clarification of previously approved board order 1,500.00
Application for amendment to an approved board order 2,500.00
Application for extensions of time of a previously approved board (non- 1,500.00
Page 392 of 1102
administrative)
3 times
Application for after the fact approval
original fee
Advertisement(Additional fees may apply based on notice requirement for LDR.
1,500.00
Comp. Plan and corresponding map amendments)
Mail Notice (per address) 4.00
Posting(per site) 100.00
Withdrawal or continuance prior to public hearing 500.00
Deferral of a public hearing 1,500.00
118-
Amendment of the Land Development Regulations,Zoning Map, Comprehensive
162(a),
(b) Plan, and Future Land Use Map
Amendment to the permitted, conditional or prohibited uses in a zoning
category(per use) 2,500.00
Amendment to the permitted, conditional or prohibited uses in the
2,500.00
comprehensive plan
Amendment to the zoning map designation (per square foot of lot area) up to
0.50
5,000 sq.ft.
Amendment to the zoning map designation (per square foot of lot area) 5,001
sq.ft. and greater 0.70
Amendment of future land use map of the comprehensive plan (per square foot
0.50
of lot area) up to 5,000 sq.ft.
Amendment of future land use map of the comprehensive plan (per square foot
of lot area) 5,001 sq.ft. and greater 0.70
Amendment to the land development regulations(per section being amended) 10,000.00
Page 393 of 1102
Amendment to the comprehensive plan (per goal, policy, or objective being
10,000.00
amended)
118-
Conditional Use Permit
193
Application for conditional use permit for an assisted living facility(per bed) 100.00
118-
253 Design Review
Q—.30
Application for Design Review Board approval (per gross square foot)of new Up to a
constFuetien-j- maximum
of$40,000
118 Land/Lot Split
321
See application fees under General Fees
118-
Variances
353
Per variance requested—See section 118-7 for applicable waivers 500.00
118-
562,
Certificate of Appropriateness
118-
564
50.30
Up to a
Application for COA(per gross square foot)of new construction)
maximum
of$40,000
118- Historic Designation
Page 394 of 1102
591
Application for district designation (per platted lot) 100.00
Planning Director determination of architectural significance (142-108) 2,500.00
Staff Review and Miscellaneous Fees
Preliminary zoning review(Dry Run) up to 5,000 sq.ft. 2,500.00
838.30
Preliminary zoning review(Dry Run) per square foot fee beyond 5,000 sq.ft. Up to a
maximum of
$40,000
Board Order Recording up to 10 pages (11+ pages will be assessed a per page
fee) 100.00
Status Reports 1,000.00
Progress Reports 2,500.00
Failure to appear before a board for Status or Progress Report 2,500.00
Zoning Verification letter(per address or folio-includes 1 hour of research) 250.00
Zoning Interpretation Letter 1,000.00
Research per hour fee (beyond four hours per submittal) 150.00
150,00
- _. -- _ . _. __ _ _ -• - Resubmittal
1,250.00 per
Fee (after second submittal). submittal
Review of Covenants or Easement 5,000.00
Modification or release of Covenants or Easement 2,500.00
Courier(per package) 10.00
Page 395 of 1102
Recording fee (up to 10 pages) 100.00
Per page recording fee (beyond 10 pages) 10.00
Paint permit(non-online applications) 75.00
Signs (not requiring a building permit) 75.00
Hard copy(paper)submittal conversion of documents to electronic format shall
TBD
be charged at city's cost from vendor
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