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RESOLUTION 92-20585 RESOLUTION NO. 92-20585 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER A RECOMMENDATION OF THE PLANNING BOARD ON THE FOLLOWING AMENDMENTS TO ZONING ORDINANCE NO. 89-2665: AMENDING SECTION 12, "LIQUOR CONTROL REGULATIONS", AMENDING SUBSECTION 12-1,ENTITLED "GENERAL PROVISIONS"BY CREATING A SERVICE CHARGE FOR THE REVIEW OF STATE LIQUOR LICENSE APPLICATIONS; AMENDING SECTION 13, "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 APPLICATION FEE STRUCTURE; AMENDING SECTION 14, "CHANGES AND AMENDMENTS", AMENDING SUBSECTION 14-1, ENTITLED "PETITION FOR CHANGES AND AMENDMENTS" BY AMENDING THE APPLICATION FEE STRUCTURE; AMENDING SECTION 16, "BOARD OF ADJUSTMENT", AMENDING SUBSECTION 16-7, ENTITLED "POWERS AND DUTIES" BY AMENDING THE APPLICATION FEE STRUCTURE; AMENDING SECTION 17, "PLANNING BOARD", AMENDING SUBSECTION 17-4, ENTITLED"CONDITIONAL USE PROCEDURES" BY AMENDING THE APPLICATION FEE STRUCTURE; AMENDING SECTION 21, "ADMINISTRATION", AMENDING SUBSECTION 21-1, ENTITLED "ENFORCEMENT" BY AMENDING THE APPLICATION FEE STRUCTURE FOR ZONING INTERPRETATION LETTERS;PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on July 28, 1992 and voted unanimously (6-0) to recommend in favor of amendments to Zoning Ordinance 89-2665; and WHEREAS, the Finance Committee of the City Commission reviewed this matter at the August 11, 1992 meeting and voted to proceed with amendments; and WHEREAS, said action of the Planning Board has been duly transmitted to the City Commission pursuant to Section 14, entitled "Changes and Amendments" of Zoning Ordinance No. 89-2665, and Section 14 requires that a public hearing be held by the City Commission to hear the Planning Board's recommendation. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the aforementioned amendment to the Zoning Ordinance is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, October 8, 1992, beginning at 11:30 A.M.; and the City Clerk is hereby authorized and directed to publi• appropriate Public Notice of the said Public Hearing in a newspaper of general circulate• in the City of Miami Beaci, at which time and place all interested parties will be heard/ PASSED and ADOPTE1 'is 2nd day of September, 99'. OR ATTEST: TIC/La A.A r a-V 4W CI Y CLERK FORM APPROVED DJG:jm LEGAL DEPT. commisn\92res.92 _A CD By Date ti ‹), CITY OF MIAv1 BEACH (rn CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 5'3 3-9 TO: Mayor Seymour Gelber and DATE: SEPT. 2, 1992 Members of the City Commission FROM: Roger M. Carat t Ait City Manager SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665 PLANNING AND ZONING FEE STRUCTURE CHANGES - SETTING OF PUBLIC HEARING RECOMMENDATION: The City Administration recommends that the City Commission set a public hearing for first reading of the attached Ordinance for October 8, 1992 which would amend Zoning Ordinance 89-2665 as it relates to certain fees imposed for planning and zoning services in the City of Miami Beach. The second public hearing will be October 21, 1992. The Planning Board, at its meeting of July 28, 1992, recommended approval of this Ordinance, 6-0. The Finance Committee of the Commission also reviewed this matter at its August 11, 1992 meeting. BACKGROUND: On a regular basis, the City monitors the fees it collects for planning and zoning services that are provided to the community. Upon the most recent review, it was determined that a re- structuring of these fees is necessary,not only ;ring revenues more in line with departmental costs, but to make the fees commensurate with the services being provided. A new service charge is also being proposed for the purpose of defraying the cost of reviewing an application for a State of Florida alcoholic beverage license. The fees being requested are reflected in the City's Proposed Budget for FY92/93. The revised and new fees proposed in the Ordinance for consideration would generate an additional$17,650 during the fiscal year commencing October 1, 1992. ANALYSIS: The Planning and Zoning staff has based its recommendations for fee changes on the attached tables. Table I - The Planning and Zoning Review Fee Comparison Chart - identifies fees charged by Coral Gables,Miami,South Miami,and North Miami Beach. For some planning and zoning review functions,Miami Beach charges less than neighboring municipalities; in others, the charge is greater. In addition, Table II details the estimated unit costs for work program tasks identified to be undertaken by the Department. For example, we estimate that it costs the City an average $994.54 to process each variance case, and the average fee received is $267. There is an even greater discrepancy in the area of planning reviews(zoning amendments,conditional uses,etc.), where the estimated average Department cost is$2,251.18,and the average fee received is$500. For this reason, the Department is proposing a somewhat larger fee increase for the Planning Board (30%) than for the Zoning Board of Adjustment (20%). With regard to the fees proposed for Zoning Compliance Letters at$75 per letter(now $50)and the procedure for the Retention of Illegally Subdivided Units, Undersized Units or Illegally Installed Kitchens at $250 + $50/unit in violation (now $200 + $35/unit), the Administration has determined that such increases will close, but not eliminate, the gap between revenues and the actual costs of undertaking these functions. The new service charge for the review of applications to the State of Florida for an alcoholic beverage license is seen as quite reasonable given the actual costs incurred in the review process done by staff. 93 1 AGENDA ITEM - - DATE �� • Table III summarizes the fee changes proposed and a breakdown of the additional revenues expected to be generated for FY 92/93. CONCLUSION: Based on the foregoing, the Administration has concluded that the proposed changes to fees charged for planning and zoning services are reasonable and will help to further offset the actual costs incurred by the City to provide these services. The Planning Board has drawn a similar conclusion, recommending unanimous approval 6-0,of the proposed amendment to the Zoning Ordinance. RMC:DJG:jm Attachments commisn\92fees.92 ORIGINAL RESOLUTION NO. 92-20585 Calling a public hearing to consider a recommendation of the Planning Board on the following amendments to Zoning Ordinance No. 89-2665: Amending §12, "Liquir Control Regulations",