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12-21-04 Item 13Excellence, Integrity, Inclusion To: Honorable Mayor, Vice Mayor & City Commission From: Maria Davis City Manager ivil Date: December 21, 2004 ITEM No.� RE: Schedule of Fees Land Use Applications-, 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, 32 -01 -1763, 14 -02 -1782 AND 21 -03 -1805 IN ORDER TO ADJUST LAND USE APPLICATION FEES, PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE DATE. BACKGROUND The City's Permit Fee Schedule is part of independent ordinance which is usually updated every two or three years. The last overall updating of this schedule was done in November, 2001. There will be occasional fee changes done apart from the overall updating in order to respond to special circumstances. In 2002 and 2003 the fee schedule was changed in order to correct and adjust the fee charged for restaurant outdoor seating. During the past several months the City Clerk and the Finance Director both noticed a significant drop in funds in the advertising account which is used to pay for public newspaper ads required for public hearings by the Planning Board and City Commission. This reduction is mainly the result of the current fee for amending the text of the Land Development Code or to rezone a property, which is set at $1750. Florida State Statutes require that an ordinance which rezones property or changes the list of uses in the Permitted Use Schedule must have the public notices (two meetings) published in a general newspaper (Herald) and must be 10 inches long, 18 pt. type, etc. These ads alone have been costing the City $2740 each, resulting in a deficiency in the public notice account. For this reason an increase in the fee charged for these types of amendments is proposed. The City Administration took this amendment opportunity to update other land use application fees which are included on the attached Schedule H. The revised fees are based on increases in advertising costs, mail costs and staff time involved. Copies of the land use / zoning application fees in other municipalities are attached. (2) ADDITIONAL INFORMATION M The fee schedule adjustment ordinance was deferred by the City Commission at its July 27, 2004 meeting due to questions as to whether or not fee changes were for building permits. At this time no amendments are proposed for building or construction permit application fees. The fee schedule which is subject to this report is Schedule (H), Land Use Application Fees. The update of Schedule (H) includes two new fees, one for the issuance of zoning letters and one for open permit searches. Both these services are now free but require staff time to respond to each request. The cost for LDC amendments requiring general newspaper ads (local page / 10 inches long, etc.) is a standard $ 1750. The estimated costs including staff time for these ads are: PB Hearing Ads (2) $500 Mail notices (ay.-300) 110* Posting 70 Staff research /report 750* Commission Hearing Ads(2) 5480 TOTAL $6910 * estimated The attached draft ordinance proposes that the fee for the above LDC applications requiring special ads should be set at $4000. It is important to note that in the past two years a number of these applications have been submitted by small businesses. An alternate method of charging fees for land use applications is to assess the actual costs involved in processing the application to completion. This could include keeping track of time spent by staff on the application and specific costs of mailing and public notices. A variation on this approach would be to set a flat fee for staff time and charge actual costs. This could be done for all applications which require special staff work and public notice ads. The attached ordinance, however, provides for an average increase in most fees which should reverse the negative impact on the advertising account. RECOMMENDATION The Administration is recommending that the attached ordinance with average increases across the board changing the City's Permit Fee Schedule (H) be adopted on second reading. The revised fees would be effective immediately. Attachment: Draft Ordinance and Attachment (Schedule H) Fee schedules- Pinecrest, Coral Gables l 2 3 ORDINANCE NO 4 5 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF 6 THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO THE 7 PERMIT FEE SCHEDULE; AMENDING ORDINANCE 14 -90 -1454 AS 8 AMENDED BY ORDINANCES 6 -92 -1501, 17- 92- 1512A, 10 -95 -1583, 9 18 -99- 1692, 28 -00 -1730, 32- 01- 1763, 14 -02 -1782 AND 21 -03 -1805 IN 10 ORDER TO ADJUST LAND USE APPLICATION FEES, PROVIDING 11 FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN 12 EFFECTIVE DATE. 13 14 WHEREAS, it is the policy of the Mayor and City Commission to adjust the 15 City's Permit Fee Schedule to assure that fees charged are appropriate and comparable to 16 fees charged in other municipalities; and 17 18` WHEREAS, the City's Permit Fee Schedule, including all Schedule H -Land Use 19 Applications fees, were last adjusted by the City Commission on November 6, 2001 with 20 the adoption of Ordinance No. 32-01-1763; and 21 22 WHEREAS, the City Administration has determined that the current fees for 23 certain Land Use Applications require adjustments to reflect increased advertising fees 24 necessary to comply with State Statutes; and 25 26 WHEREAS, technical aspects and resources needed to carry out design, 27 architectural and landscape reviews on certain Land Use and ERPB applications have 28 significantly increased. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA 32 33 34, Section 1. That Fee Schedule (H), entitled "Land Use Application Fees, of 35 Ordinance 14 -90 -1454, as amended by Ordinances 6 -92 -1501, 17- 92- 1512A, 10- 95.158, 36 18 -99 -1692, 28 -00- 1730, 32 -01 -1763, 14 -02 -1782' and 21 -03- 1805, is amended by 37 adjusting the fees as shown on Permit Fee Schedule (H) attached to this Ordinance. 38 39 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any 40 reason held invalid or unconstitutional by a court of competent jurisdiction, the holding 41 shall not affect the validity of the remaining portions of this ordinance. 42 I Section 3. All ordinances or parts of ordinances in conflict with the provisions 2 of this ordinance are hereby repealed. 3 4 Section 4. This ordinance shall take effect immediately upon passage. 5 6 PASSED AND ADOPTED this day of , 2004 7 8 9 ATTEST: APPROVED: 10 11 12 CITY CLERK MAYOR 13 14 1 st Reading - 15 2nd Reading — 16 17 COMMISSION VOTE: 18 READ AND APPROVED AS TO FORM: Mayor Russell: 19 Vice Mayor Palmer: 20 Commissioner Wiscombe: 21 CITY ATTORNEY Commissioner Birts- Cooper: 22 Commissioner Sherar: 23 24 25 26 27 Attached: Permit Fee Schedule (H) 28 29 30 31 32 33 34 35 36 37 38 39 40 41 E: \Comm Items \2004 \12 -7 -04 \New Fee Ord Amends (H) .doc 42 43 (H) LAND USE APPLICATION FEES 1. TEXT AMENDMENT TO LAND DEVELOPMENT CODE (a) General standards, misc. provisions $2000 (b) Change to Permitted Use Schedule $4000 2. REZONING Ten acres or less $4000 Over ten acres $13,500 3. SPECIAL USE PERMIT $2000 4. 'APPROVAL BY ENVIRONMENTAL REVIEW AND PRESERVATION BOARD Applications for new construction in the RS and RT zoning districts Single unit $500 All other applications for: New construction &40 $600 Renovation " $300 Signs, fences, walls, eta W $150 For each additional appearance before the Board $100 5. VARIANCES First variance request $ $2000 Each additional variance request &&00 $750 6. PLANNED UNIT DEVELOPMENT &3 $3500 7. CHANGES TO A 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 $3000 11. COMPREHENSIVE PLAN AMENDMENTS $20,000 12. SPECIAL EXCEPTION Q'$2000 13. ADMINISTRATIVE WAIVER $&0 $750 14. TEMPORARY SIGNAGE $;6 $50 15. SIDEWALK SALES $x$50 (2) 16. DUMPSTER PERMIT APPLICATION $50 17.CONSTRUCTION TRAILER AGREEMENT $25 18. OUTDOOR SEATING Annual fee for seating on public sidewalks (Waived for first year of operation) $250 19. TREE REMOVAL PERMIT $50 19. ZONING / LAND USE VERIFICATION LETTERS $50 20. OPEN PERMIT SEARCH $25 (New wording in bold and underlined; words being removed indicated by 1gt DOD /SAY E: \Comm Items\2004 \7 -27 -04 \New Fee Schedule (H).doc i I •u UCUU (tu'T i.w' —CHARITY— RUNNING OR NOT •FREEPICKOP &TOwu M TORS •OONWIGNS USED IN TBRIMNG FOR 7HE POOR & HOMELESS B E,nta& ftnaca ASS ddDming' 3gY3;� r� Raw-, , 'icing for Proposed FY, 2003. – FY. olidated Planning Process Policies s will consider a;request from the and Economic Development to Planning Process Policies that will 2007 Consolidated Plan through est for Applications (RFA), for Block Grant (CDBG): HOME to Housing Initiatives Partnership G) and Surt ax funds. The public Board of County Commissioners Services ;Committee meeting on 10:06 a.m. in the Commission I of the Stephen P. Claris Center, The public is invited to attend lacy Paper can be obtained from rough Friday, at the Miami -Dade 'Development. 140 West Hagler ion, call (305) 375 -3403, .......... access and equal opportunity in it discriminate on the basis of the 1ppeal any decision made by any spect to any matter considered at xord of the proceedings. Such atim record of the proceedings is idence upon which -the appeal is ters are available upon request. working: days in advance: ALL inTerestea parties are invited t©. attend and will be heard. /Maria M. Menendez:. _ . cit` GMerMC City of South Miami Pursuant to 'Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to erasure that a verbatim record of the proceedings is made which record includes the testimony and. evidence upon which the appeal is to be based. City of South Miami ' NoCC0041679 6130 Sunset Drive, South Miami, Florida 33143 REQUISITION DATE: May 24, 2004 VENDOR: THE MIAMI HERALD CONFIRMATION OFFICE OF THE CITY CLERK DELIVER REQUIRED TO DELIVERY DATE: TNPnTZ1VATT(11J'InRT -FTiRMMI- IPTIRV TiFPAPTUPMT PnP PTTR('i_TACiMt' Af:T:T.TT ITEM QTY ACCOUNT UNIT TOTAL - NO'S DESCRIPTION AND SPECIFICATIONS 'TO BE CHARGED PRICE I 1 NOTICE OF PUBLIC HEARING 219 -1610 $ 2,740.00 PUBLISHED 4/24/04 FOR CC MTG 5/4/04 1 1 COURTESY NOTICE PUBLISHED 4/25/04 FOR CC MTG 5 /4/04 232.00 $ 2,972.00 PURCHASE TERMS /DISCOUNT ORDER NO. I HEREBY CERTIFY THAT THE ABOVE MATERIAL, EQUIP CODING OF ACCOUNTS APPROVED PURCHASES AS ABOVE APPROVED AND ISSUANCE OF KENT. OR SERVICE IS ESSENTIAL AND A PROPER REQUEST PURCHASE ORDER AUTHORIZED AGAINST THE CODES CHARGED. Y SUFFICIENCY OF APPROPRIATION BALANCES VERIFIED (EXCEPT AS OTHERWISE NOTED.) HEAD OF DEPARTMENT FINANCE DEPARTMENT CITY MANAGER Ju'1.19. 2004 10 :19AM City of Coral Gables Planning Department Development (review Process Handbook Page 24 Section 4.0 Fee Schedules Application Review Fee Schedule No.3239 P. 2 Application Types Fee , Annexation $2,500 Change of Zoning District $2,500 Comprehensive Land Use Plan Map 15,000 Comprehensive Land Use Plan Text $5,000 Conditional Use - Administrative Review 100 Conditional Use - Public Hearing Review $1,000 Develop ment of Regional Impact $10,000 Development of Regional Impact - Notice of Proposed Change 5,000 Planned Area Development $2,500 Postponements (Al2plications and Appeals), 3002 Site Plan $2,500 Separation/Es tobfishmer-Li of a Building Site $1,500 Subdivision Review for Tentative Plat $1,000 + $100 /lot Transfer of Development Rights Receiving Site Plan Application 1.000 University of Miami Campus Area Development Plan $2,500 Zoning Code Text Amendment $1,500 'This does not include additional processing fees such as advertising fees and public hearing notification fees. These are additional fees. Additional costs in addition to the fees identified herein may be assessed associated with the review of applications by the Planning Department., These are costs that may be incurred by applicant due to consultant fees paid by City to review the application. The types of reviews that could be conducted may include but are not limited to the following: property appraisals; traffic impact analyses; vegetation /environmental assessments; archeological /historic assessments; market studies: engineering studies or reports and legal fees. Such fees will be assessed upon finalization of the Planning Department application review, 25ee Section 3.0 for provisions_ Jul-19, 2004 10:19AM City of Coral Gables Planning Department Development Review Process Handbook Page 25 Supplemental Fee Schedule N o , 3 2 3 9 P, 3 Types of Fees Fee Advertising charges (All applications except Change in CLUP.. $300 Change in Zoning District. DRI and DRI - NOPG Advertising charges (Change in CLUP, Change in Zoning District, DRI $1,250 and DRI - NOPC Public hearing notification fees $2.00/envelope Research 0 /hour Advisory letters /memoranda regarding applicable codes, Par el size (acres) fee less than ,.50 $75 interpretations; etc. .5- 1.5 $100 1, .5 + 125 Postponements and deferrals (This requires readvertising, reporting of $300 for advertising + agenda and mail out of public hearing notification) public hearing notification fee +$300 for postponement = total Withdrawal of applications no refund After the fact or result of violation a royals Lea aired 2x all fees 0e—V 61 o p, rnenfd reement Restrictive covenants and/or easements $ I ,000 'Fee is dependent upon the number of property owners within the perimeter of subject property.. Section 5.0 planning Department Documents Available The documents listed below are available within the Planning Department located on the second floor of City Hall, 405 Biltmore Way from B -00 a..m.. to 5;00 p.m.. Monday through Friday. The documents include the following: 1,. Comprehensive Land Use Plan (CLUP) Coals, Objectives and Policies; 2:: Comprehensive Land Use Plan (CLUP) Data Inventory and Analysis; 3 . Central Business District (CBD) Plan; 41. Gables Redevelopment Improvement District (GRID) (Traffic Concurrency Nemption Area); 5_ Zoning Cade; 6.; Transfer of Development Rights, and, 7, Draft Design /Industrial District Master Plan All of these documents are also available in electronic format on the City of Coral Gables web page - www.cifybeauti €ul.n9f - under "City Departments - Planning." 07/19/04 MON 15 :55 FAX 305 234 2131 VILLAGE OF PINECREST Comprehensive Master Plan Change Q001 ZONING AND PLANNING FEES Zoning change to Non Residential 1. COUNCIL Comprehensive Master Plan Change $ 8,000.00 Zoning change to Residential or to Districts within Residential 2,000.00 Zoning change to Non Residential 8,000.00 Conditional Use Residential 550.00 Conditional Use Non Residential 2,000.00 Modification of Resolutions /Covenants! Development Orders 1,050.00 Appeal Planning Board Decision to Council — Residential (to be submitted within 10 days of Planning Board decision) Appeal Planning Board Decision to Council — Non Residential 350.00 750.00 Variance Residential 1,050.00 Variance Non Residential 2,000.00 Amendment to Approved Site Plans Y2 of original site plan fee Site Plan Review 1,500.00 minimum plus and $200.00/10 units or portion thereof or $200.00 /5,00off2 or aortion thereof Subdivision /Plat Pre - Application 500.00 Subdivision /Plat Preliminary 1,000.00 lus $100 /lot Subdivision/Plat Final 1,000.00 Il. PLANNING BOARD Variance (each) 525.00 Appeals to Administrative Decision 350.00 11551 SOUTH DIXIE HIGHWAY, PINECREST, FLORIDA 33156 • (305) 234 -2121 • FAX: (305) 234.2131 • E-MAIL: building @pinecrest- fl.gov 07/19/04 MON 15:55 FAX 305 234 2131 VILLAGE OF PINECREST IM002 III. ADMINISTRATIVE REVIEW Site Plan Review 1,500.00 plus $500.00 /acre and $200.00/10 units or portion thereof or $200.00/ 5,000ft2 or portion thereof Site Plan First Revision No charge Site Plan Second Revision 500.00 Each Addition Revision 500.00 each revision Amendment to Site Plan %2 original site fee Tree Removal/Relocation Permit Application fee Each tree removed /relocated _.plan 50.00 20,00 Zoning letters 10.00 Zoning letter involving extensive research 50.00' Copies of Departmental Records Plan reproductions from microfilm — per sheet 5.00 Reproduced records — per page 0.15 Double sided copies — per page 0.20 Certified copies - per page 1.00 Research and Ordering Plans 5.00 a uwN..r .,...�, CITY OPEN PERMIT SEARCH FEE CORAL GABLES $75 PINECREST $25 MIAMI BEACH $30 MIAMI $40 KEY BISCAYNE $55 SUNNY ISLES BEACH $50 SOUTH MIAMI $25 PROPOSED MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADEc Before the undersigned authority personally appeared OCTELMA V. FERBEYRE, who on oath says that he or she is.the SUPERVISOR, 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 12/21/2004 in the XXXX Court, was published in said newspaper in the issues of 12/10/2004 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 Lac publication in the said newspaper. .ZC/ Sworn to and subscribed before me this 10 day of DECEMBER A.D. 2004 (SEAL) OCTELMA V. FERBEYRE personally known to me or Cheryl H €viarmer N My Commission DD338559 d", Expires July 18, 2008