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Ord No 40-11-2113ORDINANCE NO. 4 0 1 1 21-1-3- An Ordinance relating to the fee schedule; amending ordinance 31 -11 -2104 as amended by ordinances to increase some fees, adding new fees, and deleting some fees from the schedule. WHEREAS, the City reviewed fees schedules for Miami -Dade County and several municipalities; and, WHEREAS, the City found that fees for the County and other municipalities are higher than those fees included in the South Miami Fee Schedule; and, WHEREAS, the cost of services for Planning; Building; Parking; Parks & Recreation, Public Works; Central Services; and other related fees increased considerably in the past year with new services being requested; and, WHEREAS, the Mayor and City Commission desire to adopt a new Fee Schedule allowing funding which will cover the cost of services provided; and, WHEREAS, any such fees may be waived or reduced by the majority vote of the Mayor and City Commission by way of resolution. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. Ordinance 31 -11 -2104 shall be amended as set forth in the attached Permit Fee /Fee Schedule sections. Section 2. Any such fees may be waived or reduced by the Mayor and City Commission by way of resolution. Section 3: Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section S. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED on this 15 day ofNovember 2011. EST: : APPR VED: r� -- CLERK MAYqA Schedule to Fees Revised FY 12 Page 1 of 2 Additions shown by underlining and deletions shown by euerstAkincr Ord. No, 40 -11 -2113 1s' Reading 11/i/ 2nd Reading 11 /J,� 110A AS RM$ COMMISSION VOTE: A Mayor Stoddard: Vice Mayor Newman: Commissioner Beasley: Commissioner Palmer: Commissioner Harris: w: \my documents \resolutions \ordinance schedule of fees7.1.01.11.docx Schedule to Fees Revised FY 12 Page 2 of 2 Additions shown by underlining and deletions shown by evorsYfikina 4 -0 Yea Yea Yea absent Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission From: Hector Mirabile, PhD, City Manager Date: November 1, 2011 Agenda Item SUBJECT, An ordinance amending the fee schedule to increase some, .adding new, and deleting some fees from the schedule. BACKGROUND: The city administration periodically reviews the city's fee schedule. The city administration is proposing changes within one section of the schedule of fees. Section 20- 3.3(E) of the City's Land Development Code provides regulations governing outdoor seating and dining permits for all commercial properties. Additionally, Section 20- 3.3(E)(3) provides for the charging of an annual fee for each outdoor seat as enumerated. below. The fee for outdoor dining /seating use and area shall be charged annually for each outdoor seat located on public rights -of -way and or any stand alone table top with no seating which is used for consumption of beverages or food. The fees to be charged shall be set forth in a resolution or ordinance to be adopted by the City Commission. The permit fee shall be added to the annual occupational license fee and the payment of all outstanding violation fees for the main business. On September 2, 2008, the Commission adopted Resolution 150 -08- 12747, establishing an escalating fee structure for permits allowing outdoor restaurant seating and dining on public right -of -way pursuant to Section 20- 3.3(E). The Resolution established the following: The fee for outdoor dining/seating use and area will be charged annually in the amount of $25 for each outdoor seat located on public right -of -way. The annual fee for each outdoor seat shall be automatically increased by $10 each year until the fee for each seat is a maximum of $65. The proposed amendment of the fee schedule for outdoor seating on the public right -of- way for FX2011 -2012, is from $45 to $55. SUPPORT: Proposed Revised Schedule of Fees for the Planning & Zoning section. Resolution 150 -08 -12747 PLANNING AND ZONING FEE SCHEDULE Description 2005 2009 2010 2011 ERPB APPLICATIONS RS AND RT ZONING DISTRICTS New construction, per dwelling unit $750 $750 $750 $750 ALL OTHER ZONING DISTRICT New construction $900 $900 $900 $900 Renovation $450 $450 $450 $450 Signs $225 $225 First sign $225 $225 Each additional sign $50 $50 Revisions, fences, walls, etc. $22S $225 $225 $225 Each additional appearance before the.Board $150 $150 $150 $150 Appeal ERPB decision $100 $100 $100 $100 REZONING Ten acres or less per lot $600 $6,000 $6,000 $6,000 Over ten acres per lot $20,250 $20,250 $20,250 $20,250 SPECIAL EXCEPTIONS Each application $3,000 $3,000 $3,000 $3,000 Each extension request - - - - - - $500 - $500 $500 SPECIAL USE APPLICATIONS Each application $3,000 $3,000 $3,000 $3,000 Each extension request $500 $500 $500 VARIANCES First variance request $3,000 $3,000 $3,000 $3,000 Each additional variance request $1,125 $1,125 $1,125 $11125 Each extension request $500 $500 $500 PLANNED UNIT DEVELOPMENT (PUD) PUD Major change $5,250 $5,250 $5,250 $5,250 PUD Minor change $1,500 $1,500 $1,500 $1,500 PLAT APPLICATION Tentative plat $5,000 $5,000 $5,000 $53000 Final plat $4,000 $4,000 $4,000 $4,000 Waiver of plat $49500 $4,500 $4,500 $4,500 LDC AMENDMENT (Text Amendments) I. General standards, miscellaneous provisions $3,000 $3,000 $3,000 $3,000 11. Change permitted use schedule $67000 $6,000 $6,000 $6,000 PLANNING AND ZONING FEE SCHEDULE COMPREHENSIVE PLAN AMENDMENT Each application DEVELOPMENT OF REGIONAL IMPACT (DRI) Application fee, plus Residential, per square foot of gross floor area Non - residential, per sq. it of gross floor area Mixed -Use, per square foot of gross floor area DRI SUBSTANTIAL CHANGE Per square foot of gross floor area of change DRI EXEMPTION SENATE BILL 360 Per request, plus Residential, per square foot of gross floor area Non - residential, per sq. It. of gross floor area Mixed -Use, per square foot of gross floor area TEMPORARY SIGNS & BANNERS Temporary signage, per sign (maximum 30 -days) Banner over public street (maximum 14 -days) Banner per pole (minimum $300) (per 30 -days) MD COUNTY SIGN APPLICATION per sign NEWSRACK APPLICATION FEE per newsrack OUTDOOR SEATING. Seating /Dining on Public Right-of-Way Each outdoor seat, annually (annually increase by $10 to max. of $65) Each stand -alone table top without seating used for consumption of beverages or food, annually Seating /Dining on Private Property Annual permit for all outdoor dining /seating OUTDOR DISPLAY OF RETAIL MERCHANDISE Annual permit for outdoor disolay . of retail merchandise PERMANENT GENERATOR Each application $30,000 $30,000 $3000 $30,000 $25,000 $25,000 $25,000 $0.075 $0.075 $0.075 $0.10 $0.10 $0.10 $0.10 $0.10 $0.10 $0.075 $0.075 $0.075 $25,000 $2500 $25,000 $0.075 $0.075 $0.075 $0.10 $0.10 $0.10 $0.10 $0.10 $0.10 $75 $75 $300 $300 $300 9. M $50 $50 $75 $75 $300 $300 $30 $30 $100 $100 $50 $50 $25 $35 $45 44S 55 $520 $520 $520 $520' $250 $250 $250 $250 $250 PLANNING AND ZONING FEE SCHEDULE TEMPORARY STORAGE UNIT (PODS) Residential (max. size 8'x 16', per 14 day period) $50 $50 $50 Non - residential (max. 8'x 32', per 30 day period) $150 $150 $150 If associated with a building permit $250 No fee No fee TREE REMOVAL PERMIT $1,000 $15 $15 First tree to be removed $75 $75 $75 $75 Each additional tree to be removed $75 35 35 ALCOHOLIC BEVERAGE LICENSE I Administrative Per Se 2 Administrative Per Se 3 Administrative Per Se I Consumption on Premises 2 Consumption on Premises 4 thru 8 Consumption on Premises 4 Consumption on Premises - SRX MICROFILM RESEARCH Per request VACATE STREET, ALLEY, EASEMENT or OTHER PUBLIC PER REQUEST COVENANTS, EASEMENTS OR DEVELOPMENT AGREEMENTS PER REQUEST MODIFICATION / RELEASE OF RESTRICTIVE COVENANTS, EASEMENTS OR DEVELOPMENT AGREEMENTS PER REQUEST REQUEST OR RELEASE OF UNITY OF TITLE EACH APPLICATION PHOTOCOPIES AND PUBLICATIONS Microfilm reader /printer copies, each Official zoning map in color Small official city map Future land use map in color Custom GIS map, each copy Land Development Code Comprehensive Plan Hometown Regulations Census data packet Black & White copy, single -sided Black & White copy, double -sided $100 $100 $100 $100 $200 $200 $500 $500 $2so $250 $250 $250 $750 $750 $1,000 $1,000 $30000 $3,000 $3,000 $5,000 $5,000 $5,000 $500 $S00 $500 $1,500 $1,500 $1,500 $12 $12 $12 $12 $15 $15 $IS $15 $5 $5 $S $5 $5 $5 $15 $15 $15 $15 $15 $15 $75 $75 $75 $75 $50 $50 $50 $50 $5 $5 $5 $5 $3 $3 $3 $3 $0.15 $0.15 $0.15 $0. I S $0.30 $0.30 $0.30 $0.30 PLANNING AND ZONING FEE SCHEDULE LETTERS Condominium conversion letter $1,000 $1,000 $1,000 Flood zone letter $100 $100 Zoning and land use verification letter $75 $75 $100 $100 ORDINANCE NO. 31 -11 -2104 An Ordinance, amending the City of South Miami's existing Fee Schedule Ordinance No. 04 -II -2077 to make modifications to the Fee Schedule, WHEREAS, the cost of services for Parks & Recreation, Public Works and Finance and other related fees increased considerably in the past year with new services being requested; and, WHEREAS, the Mayor and City Commission desire to adopt a new fee schedule allowing funding which will cover tyre cost of services provided; and, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section I: The City's Fee Schedule is hereby amended asset forth in the attached Fee Schedule. Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances and all section and parts of sections of ordinances in direct conflict herewith are hereby repealed. however, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. Section 4. This ordinance shall take effect immediately upon adoption. PASSED AND ADOPTED this 18tiday of October 2011. ATTEST: 4YWRKa V'Reading— 10/4/11 2ndkeading— 10/18/11 •• r COMMISSION VOTE: 5 -0 READ AND AP VED AS TO FORM LANGIJ EG LIiX A Mayor Stoddard: Yea B RE Vice Mayor Newman: Yea Commissioner Palmer. Yea Commissioner Beasley: Yea Commissioner Harris: Yea Page 1 of I Additions shown by underlining and deletions shown by over&agdne RESOLUTION NO. 150-08-12747 A RESOLUTION OF TIM MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA ESTABLISHING REVISED FEES FOR PERMITS ALLOWING OUTDOOR RESTAURANT SEATING/DINING PURSUANT TO SECTION 20- 3.3(E) OF THE LAND DEVJELOPMENT CODE; AND RE,PEALING RESOLUTION NO. 134 -08- 22731; PROVIDING AN EFFECTIVE DATE. WHEREAS; Land Development Code Sections 20- 3.3(E) and 20 -7.24 provides regulations governing outdoor seating/dining permits; and WHEREAS, and the Planning Board, the City Commission and City Administration have responded to concerns related to conditions existing in current outdoor seating /dining areas by producing an ordinance which amends certain provisions contained in the Land Development Code; and WHEREAS, the Mayor and City Commission are in the process of adopting an ordinance which will amend Land Development Code (LDC) Section 20- 3.3(E) in order to establish new and updated regulations for pennitting outdoor restaurant and seating / dining; and WHEREAS, revised LDC Section 20 -3.3 (E) contains a provision which states that fees to be charged for outdoor seating shall be set forth in a resolution or ordinance to be adopted by the City Commission. WHEREAS, the City Commission at its August 5, 2008 meeting adopted Resolution Ito. 134- 08- 12731 establishing specific fees for permits allowing outdoor seating/dining ,and: WHEREAS, the City Commission at its August 27, 2008 meeting determined that the fees for permits allowing outdoor seating /dining should be adjusted and directed that a revised resolution be placed on the next agenda. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The fee for outdoor dining /seating use and area will be charged annually in the amount of $25 for each outdoor seat located on public rights -of -way and $520 for any stand alone table top with no seating which is used for consumption of beverages or food which is located on public rights -o£- -way. The annual fee for each outdoor seat shall be automatically increased by $10 each year until the fee for each outdoor seat is $65. An annual fee of $250 shall be charged for all outdoor dining/seating use permits using private property. Section 2. City Commission Resolution No. 134-08-12731 adopted by the Commission on August 5, 2008 is hereby repealed. Res. No. 150 -08 -12747 Pj Section 3. This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this=' day of Aw -, 2008 ATTEST: APPROVED: k / X CLERIC fOR READ AND APPROVED AS TO FORM: C1T �ORNEX ` -- X: \Comm Items\ OND- 2- MOutdoor seating Pee Revised 2 Rmal.doo 0 COATMISSION VOTE: 3 -1 Mayor Feliu: Yea Vice Mayor Beasley: Nay _ Commissioner Wiscombe: Yea ColrnnissionerPalmer; absent Commissioner Beckman: Yea MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Lagal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAWDADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING FOR 11/15/2011 In the XXXX Court, was published in said newspaper in the issues of 11/04/2011 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement f r publication in the said newspaper. Sworn to and subscribed before me this 04 day of NOVEMBER A,yD_ 20Y1° (SEAL) V. PEREZ personally known to me =�' `:,= Gcmmisslonit DD 937532 �,��' Expy'ss November 2, 2013o,s `Taf,tb�' dttd4d fltrvTttryF+nlmaBM%e800''�' a UerppreRensrye Kial) m aaOpl a.neYr cateorytiUed vMrxe[m Iwme. lgr (TWO Story),.,.,'_ N A R2soluhon authori }mg the Grty Manager to axeGUte agre¢{nent With U$R. Pools for, the pool operations and . man'a'gemohf of tfiejifannap`Mortaypatk Community Pool. ' Alution aut(wrirngiH`: Manager toente'rinto a ttm (2) yea.r1 Reso 11a rett {ai aCity ;,ac7Jeef...a 1 with Enterprise Rent A-car for'. . rental ofih1 (0)'d ;1 Au 3ed in 0ndercoverpolice operations. by the Poitca Department and authonring the,Cilty Manager to': ' disburse up to $29.4'40 00 per year over a fworyear period from'. the; 'federaf forfet,U,re. renfaVlegse police , vehicles account.:.. numBer616 1910 521 4450 (Lease PurchasePOlice Vehlctsg),' A'tYesolution {o azecut9 a It, annual servrcg. Agme -merit With,_ UgHirst Corporaftort for the se'rvfc6 and delivery of uniforms for.... . ihe:�`:Citys Mo }or,a.Pool employees at. the ',eupric Works, DepaOment r , y i ALLinteYestedpaniesare rhwted to attend antiwlli be heard. . Fofurthenntonnanpfi piaasd contactthe City Clerks Ctlrce at $,��;86'w634p Maria M. Menendez, CMC a., City Clerk . . el UerppreRensrye Kial) m aaOpl a.neYr cateorytiUed vMrxe[m Iwme. lgr (TWO Story),.,.,'_ N A R2soluhon authori }mg the Grty Manager to axeGUte agre¢{nent With U$R. Pools for, the pool operations and . man'a'gemohf of tfiejifannap`Mortaypatk Community Pool. ' Alution aut(wrirngiH`: Manager toente'rinto a ttm (2) yea.r1 Reso 11a rett {ai aCity ;,ac7Jeef...a 1 with Enterprise Rent A-car for'. . rental ofih1 (0)'d ;1 Au 3ed in 0ndercoverpolice operations. by the Poitca Department and authonring the,Cilty Manager to': ' disburse up to $29.4'40 00 per year over a fworyear period from'. the; 'federaf forfet,U,re. renfaVlegse police , vehicles account.:.. numBer616 1910 521 4450 (Lease PurchasePOlice Vehlctsg),' A'tYesolution {o azecut9 a It, annual servrcg. Agme -merit With,_ UgHirst Corporaftort for the se'rvfc6 and delivery of uniforms for.... . ihe:�`:Citys Mo }or,a.Pool employees at. the ',eupric Works, DepaOment r , y i ALLinteYestedpaniesare rhwted to attend antiwlli be heard. . Fofurthenntonnanpfi piaasd contactthe City Clerks Ctlrce at $,��;86'w634p Maria M. 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