22To:
From:
Date:
SUBJECT:
BACKGROUND:
SUPPORT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
bOd ;rnp
ZO{J1
The Honorable Mayor & Members of the City Commission
Hector Mirabile, PhD, City ManageV/
November 1, 2011 Agenda Item No.:d .~
An ordinance amending the fee schedule to increase some, adding new, and
deleting some fees from the schedule.
The city administration periodically reviews the city's fee schedule. The
city administration is proposing changes within one section of the schedule
offees.
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 FY2011-2012, is from $45 to $55.
Proposed Revised Schedule of Fees for the Planning & Zoning section.
Resolution 150-08-12747
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ORDINANCE NO. ______ _
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.
6 WHEREAS, the City reviewed fees schedules for Miami-Dade County and several municipalities;
7 and,
8 WHEREAS, the City found that fees for the County and other municipalities are higher than those
9 fees included in the South Miami Fee Schedule; and,
10 WHEREAS, the cost of services for Planning; Building; Parking; Parks & Recreation; Public
11 Works; Central Services; and other related fees increased considerably in the past year with new services
12 being req uested; and,
13 WHEREAS, the Mayor and City Commission desire to adopt a new Fee Schedule allowing
14 funding which will cover the cost of services provided; and,
15 WHEREAS, any such fees may be waived or reduced by the majority vote of the Mayor and City
16 Commission by way of resolution.
17 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
18 CITY OF SOUTH MIAMI, FLORIDA THAT:
19 Section I. Ordinance 31-11-2104 shall be amended as set forth in the attached Permit Fee/Fee
20 Schedule sections.
21
22 Section 2. Any such fees may be waived or reduced by the Mayor and City Commission by way
23 of resolution.
24
25 Section 3: Severability. If any section, clause, sentence, or phrase of this ordinance is for any
26 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
27 validity of the remaining portions of this ordinance.
28
29 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all section and
30 parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the
31 intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being
32 in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict
33 needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by
34 amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
35 that needs to be repealed to harmonize the two ordinances shall be repealed.
36
37 Section 5. Effective Date. This ordinance shall become effective upon enactment.
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PASSED AND ENACTED on this __ day of ,2011.
ATIEST: APPROVED:
CITY CLERK MAYOR
Schedule to Fees Revised FY 12 Page 1 of2
Additions shown by underlining and deletions shown by ~
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1" Reading
2nd Reading
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
16 w:\my documents\reso!utions\ordinance schedule of feesl1.01.11.docx
Schedule to Fees Revised FY 12 Page 2 of2
Additions shown by underlining and deletions shown by f}',I'8f5tfik:ffig:.
PLANNING AND ZONING FEE SCHEDULE
Description 2008 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. $225 $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 $6,000 $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 . $1,125
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 $5,000
Final plat $4,000 $4,000 $4,000 $4,000
Waiver of plat $4,500 $4,500 $4,500 $4,500
LDC AMENDMENT (Text Amendments)
I. General standards, miscellaneous provisions $3,000 $3,000 $3,000 $3,000
II. Change permitted use schedule $6,000 $6,000 $6,000 $6,000
PLANNING AND ZONING FEE SCHEDULE
COMPREHENSIVE PLAN AMENDMENT
Each application $30,000 $30,000 $30,000 $30,000
DEVELOPMENT OF REGIONAL IMPACT (DRI)
Application fee, plus $25,000 $25,000 $25,000
Residential, per square foot of gross floor area $0.075 $0.075 $0.075
Non-residential, per sq. ft. of gross floor area $0.10 $0.10 $0.10
Mixed-Use. per square foot of gross floor area $0.10 $0.10 $0.10
DRI SUBSTANTIAL CHANGE
Per square foot of gross floor area of change $0.075 $0.075 $0.075
DRI EXEMPTION SENATE BILL 360
Per request, plus $25,000 $25,000 $25,000
Residential, per square foot of gross floor area $0.075 $0.075 $0.075
Non-residential, per sq. ft. of gross floor area $0.10 $0.10 $0.10
Mixed-Use, per square foot of gross floor area $0.10 $0.10 $0.10
TEMPORARY SIGNS & BANNERS
Temporary signage, per sign (maximum 30-days) $75 $75 $75 $75
Banner over public street (maximum 14-days) $300 $300 $300
Banner per pole (minimum $300) (per 30-days) $300 $300 $30 $30
MD COUNTY SIGN APPLICATION
per sign $100 $100 $100
NEWSRACK APPLICATION FEE
per news rack $50 $50 $50 $50
OUTDOOR SEATING
Seating/Dining on Public Right-of-Way
Each outdoor seat, annually (annually increase by $1 0 to max.
of $65) $25 $35 $45 4& 55
Each stand-alone table top without seating used for
consumption of beverages or food, annually $520 $520 $520 $520
Seating/Dining on Private Property
Annual permit for all outdoor dining/seating $250 $250 $250 $250
OUTDOR DISPLAY OF RETAIL MERCHANDISE
Annual permit for outdoor display of retail merchandise $250
PERMANENT GENERATOR
Each application $100 $100 $100 $100
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 No fee No fee
TREE REMOVAL PERMIT
First tree to be removed $75 $75 $75 $75
Each additional tree to be removed 35 35
ALCOHOLIC BEVERAGE LICENSE
I Administrative Per Se $100 $100
2 Administrative Per Se $200 $200
3 Administrative Per Se $500 $500
I Consumption on Premis'es $250 $250
2 Consumption on Premises $250 $250
4 tnru 8 Consumption on Premises $750 $750
4 Consumption on Premises -SRX $1,000 $1,000
MICROFILM RESEARCH
Per request $100 $100 $100 $100
VACATE STREET, ALLEY, EASEMENT or OTHER
PUBLIC PER REQUEST $3,000 $3,000 $3,000
COVENANTS, EASEMENTS OR DEVELOPMENT
AGREEMENTS PER REQUEST $5,000 $5,000 $5,000
MODIFICATION I RELEASE OF RESTRICTIVE
COVENANTS, EASEMENTS OR DEVELOPMENT
AGREEMENTS PER REQUEST $500 $500 $500
REQUEST OR RELEASE OF UNITY OF TITLE EACH
APPLICATION $1,500 $1,500 $1,500
PHOTOCOPIES AND PUBLICATIONS
Microfilm reader/printer copies, each $12 $12 $12 $12
Official zoning map in color $15 $15 $15 $15
Small official city map $5 $5 $5 $5
Future land use map in color $5 $5 $15 $15
Custom GIS map, each copy $15 $15 $15 $15
Land Development Code $75 $75 $75 $75
Comprehensive Plan $50 $50 $50 $50
Hometown Regulations $5 $5 $5 $5
Census data packet $3 $3 $3 $3
Black & White copy, single-sided $0.15 $0.15 $0.15 $0.15
Black & White copy, double-sided $0.30 $0.30 $0.30 $0.30
PLANNING AND ZONING FEE SCHEDULE
LETTERS
Condominium conversion letter
Flood zone letter
Zoning and land use verification letter
$1,000
$75 $75
$1,000
$100
$100
$1,000
$100
$100
ORDINANCE NO. 31-11-2104
An Ordinance, amending the City of South Miami's existing Fee Schedule
Ordinance No. 04-11-2077 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 the 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 1: The City'S Fee Schedule is hereby amended as set forth in the attached Fee
Schedule.
Section 2. If any section, clause, sentence, or phra.e 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 patts 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 appearatlce of being in conflict when
the two ordinances can be hannonized 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
tenns, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to
be repealed to harmonize the two ordinances shan be repealed.
Section 4. This ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED this 18thlay of october ,2011.
ATTEST:
~aDGr~ CYCLERK
l"Reading-10/4/11
2·d Reading-10/18/11
Pagelofl
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Additions shown by underlining and deletions shown by e¥efSt~
RESOLUTION NO. 150-08-12747
A RESOLUTION OF THE MAYOR AND CITY COMMlSSION OF THE
CITY OF SOUTH MIAMI, FLORIDA ESTABLISIDNG REVISED FEES
FOR PERMITTS ALLOvnNG OUTDOOR RESTAURANT
SEATINGfDINING PURSUANT TO SECTION 20-3.3(E) OF THE LAND
DEVELOPMENT CODE; AND REPEALING RESOLUTION NO. 134-08-
12731; PROVIDING AN EFFECTIVE DATE.
WHEREAS; Land Development Code Sections 20-3 .3(E) and 20-7.29 provides regulations
governing outdoor seating/dining permits; and
WHEREAS, and the Planning Board, the City Commission and City Administration have
responded to concems related to conditions existing in cnrrent ontdoor seating/dining areas by producing
an ordinauce whicb 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 COlmnission at its August 5, 2008 meeting adopted Resolution No. 134-
08-12731 establishing specific fees for pennits allowing outdoor seating/dining ,and:
WHEREAS, the City Commission at its August 27, 2008 meeting detennined 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 aud area will be charged annually in the
amonnt of $25 for each outdoor seat located on public rights-of-way and $520 for any stand
alone table top with 110 seating which is used for consumption of beverages or food which is
located on public rights-of-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 diniug/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.
1
Res. No. 150-08-12747
2
Section 3. This resolution shall be effective immediately after the adoption hereof.
PASSEDANDADOPTEDthis J"'J. day of /4#. ,2008
ATTEST: APPROVED:
READ AND APPROVED AS TO FORM: COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscomhe:
C61mnissioner Palmer:
Commissioner Beckman:
ORNEY
X;\Comm Itcms\2008\9-2-08\Outdoor seating Fee Revised 2 Resolodoc
2
3-1
Yea
Nay
Yea
absent
Yea
MIAMI DAilY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal HoUdays
Miami, M!ami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
, Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Lega! Notices of the Miami Daily Business
Review f/kla 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 Lega! 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
11104/2011
Affiant further s~ys that the said Miami Dally 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
newspa;;zj.
Sworn to and subscribed before me this
04 day of NOVEMBE~ 20
6,-SJ:
V. PEREZ personally known to me
f). THOMAS
Commission # DD 937532
Exptres November 2, 2013 Mr.d~ Tlw tf¢Y tll!1\ II'\~rM«l800-:!85·7019
. Marla M. Menendez, CMC
GityClerk
, ",-i~:-:/":,:'-:,;"': :,;::::':\"",:,:'/1.·::;.";'" "." ',' '"'' ',,'., . rur .. s. u .. a.,h.,_t,).o ........ ~.,IO .• r . .i.d .. a .... '.'i.?t.,q.t. ~t._e,s.",2.8. 6 .. ,010.5., t.he. City. h .. e.reb .. y ... adVIses. the. public :that--if. 'a,' pe:fstin.:.decides, to appeal. any ,decision, made by, thisl
:a0,i,u;d,: ,J\gE;1ncy. :~riG.~rru!iiSS.i~:n, ,~j!h res~,~~.tto any ./'flatter ,co~sider~d : fit
jits me,eting}~r" hearing;Ju3 or);he _will need a record of the prqceedmgs,
:~u:id tnat for.~u91i'purpqse, affebted p~n:~on, lJIaY:l1eed to en~ure that a
verbatii)l' re:cQrd,._pf.,the:: pro.ce,edings is ,rhad.e: ,o/h,ich re.cor9, include$ .~he
testimony and evid_en:~e:upon which the appeal is tQ be ba,sed.
11/4 . .. . 1 t-3-129/1782056M
THE MIAMI HERALD I MlamlHerald.com
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dealsaver'
MiamiHerald.comldealsaver ~
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CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida wi!! conduct
Public Hearings at its regular City Commission meeting scheduled for Tuesday. November 15, 2011,
beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following
item(s):
An Ordinance relating to the year 2012 General Election 01 the Mayor and City
Commissioners for Groups, n and Ill; scheduling the day, place and time of the election;
providing for qualil!cation of candidates; providing for close of election books; approving
the official ballot; providing for notification.
(
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.
An Ordinance amending the City oflhe South Miami Comprehensive Plan to adopt a new
future land use map category titled ~Mlxed Use Commercial! Residential (Two Story}".
A Resolution authorizing the City Manager to execute a 5~year agreement with USA Pools
for the pool operations and management of the planned Murray Park Community Pool.
A Resolution authorizing the City Manager to enter into a two (2) year vehicle rental
agreement wilh Enterprise Rent-A-Car for rental of three (3) vehicles used in undercover
pollee operations by the Police Department and authorizing the City Manager to disburse
up to $29,448.00 per year over a two-year period from the federal forfeiture rentalllease
police vehicles account number 615-1910-521~4450 (Lease PurChase-Police Vehicles).
A Resolution to execute a multi-annual service agreement with Unlfirs! Corporation for the
service and delivery of uniforms for the City's Motor Pool employees at the Public Works
Department
ALL interested parties are invited 10 attend and will be heard,
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Purwant to flofldaStatlMS 2!16.(jl05, the CIty hereby a&<lses the publlc that U a perS<:-11 deciaas 10 awea! Il1Iy decis1O<1 made by lhls 8<lard,Ag;lncy
or CommlS$kln with respect to any matter consl~~red at lIS mee~ng or nearing, he QI she will new a record of the proeeellings, aod lIlat for $I.ICh
purpose, a~d p<'JSOO may need ro en$l.lre llIat a verbatim r«Qrd of the proceedings is ma~e wl\ich record includes lhe testlmcny and evidence
upoo whk;h llie appeal is to te basoo.
SE SUNDAY. NOVEMBER 6. 2011 I 37SE
MIAMI-DADE COUNTY SERVICES
ARE NOW CLOSER TO YOU!
Commissioner Lynda Belf
Miami-Dade County
Disfrict 8
Visit the new Community Infonnation & Outreach
311 Service Center
South Dade Justice Center
10710 Southwest 211 Street
Cutler Boy, Florida 33189
Weekdays from 9 a.m. to 4 p.m.
Through the efforts of Commissioner Bell, County servites
have been restored to the South Dade area,
• Pay Taxes It Transit Passes
• Golden Passports • Aula Tags
• Dog Tags • Baby Stroller Permits
• Make Service Requests • And more!
c) 'Q~Sh~1S?A~
ADMISSIONS SHOWCASES
Friday, November 11, 2011 (High School only)
Tuesday, January 10, 2012
Carrollton is a Pre-K through Grade 12 all girls Catholic college-preparatory school
that admits qualified students of any race, color, religion, nationality or ethnic origin.
Financial aid available.
For information, please call: (305) 446-5673, ext. 1244
3747 Main HicllWav iY1iami, Florida 33133