Item Coversheet

Ordinances - R5  J




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Raul J. Aguila, Interim City Manager 
DATE:April  21, 2021
 

First Reading

SUBJECT:

APPENDIX A FEE SCHEDULE MODIFICATION - ZONING VERIFICATION LETTERS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING APPENDIX A, “FEE SCHEDULE,” TO REVISE AND ESTABLISH FEES CHARGED FOR ZONING VERIFICATION LETTERS, AND CLARIFY EXISTING PROVISIONS; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.  


RECOMMENDATION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading/Public Hearing for May 12, 2021.

BACKGROUND/HISTORY

On January 13, 2021, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item to the Finance and Economic Resilience Committee (Item C4H) pertaining to Zoning Verification Letters. On February 19, 2021 the Finance and Economic Resiliency Committee (FERC) recommended Appendix A of the fee schedule be updated for zoning verification letters based on the type of request and level of review.

A zoning verification letter is issued by the Planning Department for a specific property or properties to confirm zoning, potential future development, or to verify that an existing property or use conforms with the City’s current zoning regulations. Currently, the City charges a fee of $264 per property (folio number). This fee includes one hour of research. For requests requiring research beyond one hour, an additional fee of $159 per hour is charged. In terms of best practices, the following is a comparison of the fees charged by similar sized City’s for zoning verification letters:

 

 

Municipality

Fee

Per Property/Folio

Research Fee

City of Miami Beach

$264

YES

$159/hour

Miami-Dade County

$236.67

YES

NO*

City of Miami

$200

YES

Not Specified

City of Coral Gables

$305

NO

Not Specified

City of North Miami

234

YES

Not Specified

City North Miami Beach

$100/$250

NO

$75/hour**

City of Aventura

$100

NO

$75/Hour

City of Hollywood

$324

Not Specified

Not Specified

City of Hallandale Beach

$400

Not Specified

$100/hour

*Miami-Dade County does not charge a research fee.  However, if they determine the request to be “complex” they charge a minimum fee of $473.34

**The City of North Miami Beach charges $250 if significant research is required. 

 

The City’s current fee of $264 per property is comparable to the fees charged by other municipalities.

 

ANALYSIS

In certain instances, multiple zoning letters are requested within a unified development site for each folio number. This happens, for example, when a financial institution requires one letter per folio when they process title policies and loan documents. Although each letter may contain the same exact request and response, under Appendix A of the fee schedule, a fee per folio number is still required.

There have been occasions in the past where requests for zoning letters involve unified development sites that contain multiple folio numbers, and a letter is needed for each folio. If the folio numbers within a single site have not been consolidated into one folio at the time of the request, multiple fees are charged, per folio number, even though the information contained in the letter is identical.

In order to address duplicate fees for each folio, the following amendment to Appendix A (Fee Schedule), to modify the fee description for Zoning Verification Letters, is proposed:

Zoning Verification Letter (per address or folio – includes 1 hour of research). However, abutting properties, within the same zoning district, may be charged one fee for multiple letters, if required, provided the same information being requested applies to all properties.

This modification would allow for the Zoning Verification Letter fee to be charged per unified development site, rather than per folio, provided the folios have common zoning designations and the information being requested is identical per folio. Overall, the proposed Ordinance is expected to have minimal impacts to revenue, if any, since the fees and applicability capture the review process.

SUPPORTING SURVEY DATA

Improvements to the Development Process

CONCLUSION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading/Public Hearing for May 12, 2021.

Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
Ordinance
Appendix A