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Ord. No. 14-02-1782ORDINANCE NO.14-02-1782 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE PERMIT FEE SCHEDULE;AMENDING ORDINANCE 14-90-1454 AS AMENDED BY ORDINANCES 6-92-1501,17-92-1512A,10-95-1583, 18-99-1692,28-00-1730,AND 32-01-1730IN ORDER TO INCREASE THE FEE FOR WAIVER OF PLAT APPLICATIONS,PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. WHEREAS,theCity currently charges a fee for thereviewand processing of applications forwaiver of plat;and WHEREAS,theCity Commission atitsmeetingon September 17,2002 adopted OrdinanceNo.9-02-1777,which ordinanceamendedthe Land Development Code regulations pertaining to applications for waiver of plat;and WHEREAS,theabove referred toamendments require additional review procedures,notification mailings,and posting of the property,for all applications for waiver of plat;and WHEREAS,the additional procedures will increase thecost of servicetoprocess anapplicationfor waiver of plat;and WHEREAS,itisthepolicy of the Mayor and CityCommissionto adjust the City's Permit Fee Schedule to assure that fees charged will cover the cost of services provided. NOW,THEREFORE,BEIT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA: Section1.ThatFeeSchedule(H)entitled "Land Use Application Fees"of Ordinance 14-90-1454,asamendedby Ordinances 6-92-1501,17-92-1512A,10-95-158, 18-99-1692,28-00-1730and32-01-1730,isamended by increasingthefeechargedfor an application for waiver of plat,asshownon Permit Fee Schedule (H)attached tothis Ordinance. Section2.If anysection,clause,sentence,or phrase of this ordinance isforany reasonheldinvalidorunconstitutionalbyacourt of competent jurisdiction,theholding shallnot affect the validity oftheremainingportions of thisordinance. Pg.2 of Ord.No.14-02-1782 Section 3.All ordinances orparts of ordinances in conflict withthe provisions of this ordinance are repealed. Section 5.This ordinance shalltake effect immediately upon approval. PASSED AND ADOPTED this 4thday of November ,2,002 ATTEST: CITY CLERK 1st Reading-10/15/02 2nd Reading-11/4/02 READ AND APPROVED AS TO FORM: -y CITY ATTORNEY Attached:Permit Fee Schedule (H) APPROVED: MAYOR COMMISSION VOTE:4-0 Mayor Robaina:not present Vice Mayor Russel:Yea Commissioner Bethel:Yea Commissioner Feliu:Yea Commissioner Wiscombs:Yea .South Miami JUHkmericaCfty 2001 Excellence,Integrity,Inclusion To:Honorable Mayor,Vice Mayor &Date:November 4,2002 City Commission /O 11 From:Charles Scurr /ijff/J J C^''RE:Fee AmendmentCityManager/filjfa U Waiver-of-Plat REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14-90-1454 AS AMENDED BY ORDINANCES 6-92- 1501,17-92-1512A,10-95-1583,18-99-1692,28-00-1730,AND 32-01-1763 IN ORDER TO INCREASE THE FEE FOR WAIVER OF PLAT APPLICATIONS, PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE. R A.CICCROUNDTheCity's Land Development Code (LDC)currently has regulations addressing "Land Subdivision Regulations,"and permits applicants seeking to create new building sites to apply for a Waiver of Plat in lieu of the standard platting process,as per the Miami-Dade County platting regulations.This provision is most often used when an applicant wishes to create two or more building lots out of an existing parent tract. PF.VTSF.DREGULATIONS _„M,™..The City Commission,at its September 17,2002 meeting adopted Ordinance No.9-02-1777 amending the LDC by modifying the process by which waiver of plat applications are reviewed.The revised process now includes the submission of a site plan,posting of the property and mailed notice of theapplicationtopropertyownerswithin500feetofthesite.Awaiver of plat the application will be subject to additional guidelines as well as a review and recommendation by the Planning Board,prior to final action bytheCity Commission. FttF,ADJUSTMENT ,,,..,iVr ..The City's current fee for a waiver of plat application is $1,000.Based upon the additional notification and review procedures added by the recent LDC amendment,it is recommended that the fee should be increased to $3000. Asurvey of nearby jurisdictions indicates that fees vary widely.Unincorporated Miami-Dade County charges $1722.50,while the City of Coral Gables charges $1800 plus $2 per envelope,which could vary according to the location of the property.The City of Miami Beach charges $800. The City Commission,at its October 15,2002 meeting,voted 5-0 to approve the proposed ordinance on first reading. FeeOrdinance-Waiver ofPlat November 4,2002 Page2 of2 RECOMMENDATION Itis recommended that the attached draft ordinance changing the City's Permit Fee Schedule (H)be approved upon second reading public hearing. Attachment: Draft Ordinance CS/RGL/SAY *r U ** D:\Comm Items\2002\l 0-15-02\Staff Report Revised Fee Waiver of Plat .doc (H)LAND USE APPLICATION FEES 1.TEXT AMENDMENT TO LAND DEVELOPMENT CODE $1,750 2.REZONING Ten acres or less $j 759 Over ten acres $13,'500 3.SPECIAL USE PERMIT $1>750 4.APPROVAL BY ENVIRONMENTALREVIEWANDPRESERVATIONBOARD Applications for new construction in the RS and RT zoning districts Single unit $350 All otherapplications for: New construction $450 Renovation $150 Signs,fences,walls,etc.$50 For each additional appearance before the Board $50 5.VARIANCES First variance request $1,500 Each additional variance request $500 6.PLANNED UNIT DEVELOPMENT $3,000 7.CHANGES TOA PLANNED UNIT DEVELOPMENT $1,000 8.CLOSING OF ANY PUBLIC RIGHT-OF-WAY $1,500 9.WAIVER OF REQUIRED RIGHT-OF-WAY IMPROVEMENTS $1,500 10.WAIVER OF PLAT APPLICATION $4^00J3000 11.COMPREHENSIVE PLAN AMENDMENTS $20,000 12.SPECIAL EXCEPTION $1,750 13.ADMINISTRATIVE WAIVER $500 14.TEMPORARY SIGNAGE $35 15.SIDEWALK SALES $35 16.DUMPSTER AGREEMENT,CONSTRUCTION TRAILER AGREEMENT $25 17.OUTDOOR SEATING,perseat/per year $25 18.TREE REMOVAL PERMIT $40 (New wording underlined:words being removed indicated by strikethrough) (H)LAND USE APPLICATION FEES 1.TEXT AMENDMENT TO LAND DEVELOPMENT CODE $1,750 2.REZONING Ten acresor less $1,750 Over ten acres $13,500 3.SPECIAL USE PERMIT $1,750 4.APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD Applications for new construction intheRS and RT zoning districts Single unit $350 All otherapplications for: New construction $450 Renovation $150 Signs,fences,walls,etc.$50 For each additional appearance before the Board $50 5.VARIANCES First variance request $1,500 Each additional variance request $500 6.PLANNED UNIT DEVELOPMENT $3,000 7.CHANGES TOA PLANNED UNIT DEVELOPMENT $1,000 8.CLOSING OF ANY PUBLIC RIGHT-OF-WAY $1,500 9.WAIVER OF REQUIRED RIGHT-OF-WAY IMPROVEMENTS $1,500 10.WAIVER OF PLAT APPLICATION $4^©0_$3000 11.COMPREHENSIVE PLAN AMENDMENTS $20,000 12.SPECIAL EXCEPTION $1,750 13.ADMINISTRATIVE WAIVER $500 14.TEMPORARY SIGNAGE $35 15.SIDEWALK SALES $35 16.DUMPSTER AGREEMENT,CONSTRUCTION TRAILER AGREEMENT $25 17.OUTDOOR SEATING,per seat /per year $25 18.TREE REMOVAL PERMIT $40 (Newwording underlined:wordsbeingremoved indicated by strikethrough) MIAMI DAILY BUSINESS REVIEW PublishedDailyexceptSaturday,Sundayand Legal Holidays Miami,Miami-Dade County,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforetheundersignedauthoritypersonally appeared O.V.FERBEYRE,whoonoath says thatheorsheisthe SUPERVISOR,LegalNoticesofthe Miami Daily Business Reviewf/k/a Miami Review,adaily(except Saturday,Sunday ana Legai Holidays)newspaper,published at Miami in Miami-Dade County,Florida;thattheattachedcopyofadvertisement, being a Legal Advertisement of Notice inthe matter of CITY OF SOUTH MIAMI PUBLIC HEARING 11/4/2002 ORD.RELATING TO PERMIT FEE SCHEDULE in the XXXX Court, was published insaidnewspaperintheissuesof 10/17/2002 Affiant furthersaysthatthesaid Miami Daily Business Review isanewspaperpublishedat Miami insaid Miami-Dade County,Florida andthatthesaidnewspaperhas heretofore been continuouslypublishedinsaidMiami-DadeCounty, Florida,eachday(exceptSaturday,SundayandLegal Holidays) and has been entered as second class mail matter at the post officeinMiamiinsaidMiami-DadeCounty,Florida,fora period ofoneyearnext preceding the first publication ofthe attachedcopyof advertisement;and affiant further saysthatheor shehasneitherpaidnorpromisedanyperson,firm or corporation any discount,rebate,commission or refund for thepurpose of securing this^dverti^eniBTvt for publication inthesaid newspaper. O.V.FERBEYRE l (OFFICIAL NOTARY SEAL COMMISSION NO.CC 912958 MYCOMMISSION EXP.TUNE 23,2004 1.—.;."•'•'•';"I CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given,thattheCityCommissionoftheCityof South Miami,Florida will conductaPublicHearingduringitsregularCity Commission meetingonMondayNovember 4,2002,beginningi at 7:30, p.m.,in the City Commission Chambers,6130 Sunset Drive,to consider thefollowing described prdinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION .OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE PERMIT FEE SCHEDULE;AMENDING ORDINANCE 14- ;90-1454AS AMENDED BYORDINANCES6-92-1501,17-92- 1512A 10-95-1583,18-99-1692,28-00-1730,AND 32-01-1763: IN ORDER TO INCREASE THE FEE FOR WAIVER OF PLAT APPLICATIONS,PROVIDING FOR SEVERABILITY,ORDI-• ...NANCES |NCONFLICT,ANDANEFFECTIVEDATE ;. Said ordinances canbe inspected in the City Clerk's Office,Monday -\ Fridayduring regular office hours. InquiriesconcerningthisitemshouldbedirectedtothePlanning De-'; partment at 305-663-6326.-... ALL interested parties are invitedto attend and willbe heard. Ronetta Taylor,CMC ...-•:.;CityClerk '-.'CityofSouth Miami'; Pursuant toFlorida Statutes 286.0105,the City hereby advises thepub licthatifa person decides to appeal any decision made by this.Board,. Agencyor Commission with respect to any matter considered atitsmeet-" ingorhearing,heor she will need a record of the proceedings,andthat for such purpose,affected person may need to ensure thata verbatim record ofthe proceedings is made which record includes the testimony and evi-! denceupon which theappealistobebased._:.•',:J 10/17 •••;•"•'•:•'..:"/02-3-75/306880M: