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
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AGENDA ITEM
DATE
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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.
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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
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