Miami-Dade Legislative Item
File Number: 111097
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File Number: 111097 File Type: Ordinance Status: Adopted
Version: 0 Reference: 11-60 Control: Board of County Commissioners
File Name: TWO YEAR EXTENSION OF DEADLINES FOR PERMITS Introduced: 5/17/2011
Requester: NONE Cost: Final Action: 8/2/2011
Agenda Date: 8/2/2011 Agenda Item Number: 7D
Notes: Title: ORDINANCE PROVIDING FOR AN ADDITIONAL TWO-YEAR EXTENSION OF DEADLINES FOR CERTAIN PREVIOUSLY EXTENDED DEVELOPMENT PERMITS, AGREEMENTS AND RESERVATIONS OF CONCURRENCY CAPACITY; PROVIDING TWO-YEAR EXTENSION OF DEADLINES FOR CERTAIN DEVELOPMENT PERMITS, AGREEMENTS, AND RESERVATIONS OF CONCURRENCY OF CAPACITY NOT PREVIOUSLY EXTENDED; AMENDING SECTION 33G-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (CODE); PROVIDING FEES FOR SUCH EXTENSIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: PERMITS
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Rebeca Sosa, Co-Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 8/2/2011 7D Adopted P

Infrastructure and Land Use Committee 7/13/2011 1E4 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Edmonson relinquished the Chair to Vice-Chairwoman Jordan. Vice-Chairwoman Jordan opened the public hearing on the foregoing proposed ordinance. Ms. Truly Burton, Executive Vice-President and Government Affairs Director, Builders Association of South Florida, 15225 NW 77 Avenue, Miami Lakes, appeared before the Committee in support of the foregoing ordinance. She expressed her appreciation to Chairwoman Edmonson for sponsoring this proposal, and to members of the County staff who worked on this ordinance. Ms. Burton noted this ordinance would assist many people who needed development permit extensions. Mr. Juan Mayol, attorney, 701 Brickell Avenue, appeared in support of the foregoing ordinance. He expressed his appreciation to Chairwoman Edmonson for sponsoring this item. Hearing no one else wishing to speak before the Committee, Chairwoman Edmonson closed the public hearing. Commissioner Sosa asked to be listed as a co-sponsor to this ordinance. Chairwoman Edmonson resumed the Chair. Hearing no further comments or questions, Committee members proceeded to vote on the foregoing ordinance as presented.

Board of County Commissioners 6/7/2011 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 7/13/2011

Board of County Commissioners 6/7/2011 4B Adopted on first reading 7/13/2011 P
REPORT: The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Infrastructure and Land Use Committee on Wednesday, July 13, 2011, at 2:00 p.m.

County Attorney 6/1/2011 Referred Infrastructure and Land Use Committee 7/13/2011

County Manager 5/25/2011 Assigned County Attorney 6/7/2011
REPORT: The department submitted a Manager's Memo for this item. They have been working with Craig Coller.

County Attorney 5/17/2011 Assigned Craig H. Coller

Legislative Text


TITLE
ORDINANCE PROVIDING FOR AN ADDITIONAL TWO-YEAR EXTENSION OF DEADLINES FOR CERTAIN PREVIOUSLY EXTENDED DEVELOPMENT PERMITS, AGREEMENTS AND RESERVATIONS OF CONCURRENCY CAPACITY; PROVIDING TWO-YEAR EXTENSION OF DEADLINES FOR CERTAIN DEVELOPMENT PERMITS, AGREEMENTS, AND RESERVATIONS OF CONCURRENCY OF CAPACITY NOT PREVIOUSLY EXTENDED; AMENDING SECTION 33G-10 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (CODE); PROVIDING FEES FOR SUCH EXTENSIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, this Board wishes to accomplish the purposes described in the accompanying memorandum,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:
Section 1. Section 33G-10 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
CHAPTER 33G

SERVICE CONCURRENCY MANAGEMENT PROGRAM

* * *


Sec. 33G-10. Extension of permits and reservations of concurrency capacity.

* * *

>>(g) The expiration date of any development permit, agreement, or reservation of capacity that has been extended for two years pursuant to paragraphs (a) through (f) above shall be extended for one additional two–year period upon application and payment of the applicable fee. Approval of this additional extension shall be subject to a determination by the director of the responsible department that the requirements of paragraph (d) above have been met. Extensions granted pursuant to this paragraph may extend a reservation of capacity only up to, and not more than, five years after final plat approval. Any second extension of a permit, agreement, or reservation of capacity sought under state law, if granted, shall run concurrently with extensions granted pursuant to this paragraph.

(h) The expiration date of any development permit, agreement, or reservation of capacity that has not been previously extended for two years pursuant to paragraphs (a) through (g) above shall be extended for two years upon application and payment of the applicable fee, if application is made on or before the expiration of the permit, agreement, or reservation but not later than September 30, 2012. Approval of this extension shall be subject to a determination by the director of the responsible department that the requirements of paragraph (d) above have been met. Extensions granted pursuant to this paragraph may extend a reservation of capacity only up to, and not more than, five years after final plat approval. Any extension of a permit, agreement, or reservation of capacity sought under state law, if granted, shall run concurrently with extensions granted pursuant to this paragraph.<<


Section 2. The fees for any extensions authorized by this ordinance shall be the same as the fees approved by Miami-Dade County Resolution No. R-161-10 for single-period, two (2) year extensions pursuant to Ordinance No. 10-14.

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Alina T. Hudak
County Manager

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the proposed ordinance amending Miami-Dade County Code Chapter 33G-10 to extend for an additional two year term from October 1, 2010 to September 30, 2012, certain development permits, agreements and reservations of concurrency capacity at a low fee, issued by the County within its corresponding service area jurisdictions.

MANAGER'S BACKGROUND
Scope
Impact of this agenda item is Countywide.

Fiscal Impact Analysis/Funding Source
Participants of this program who opt for and whose permit, agreement, or reservation of concurrency capacity qualifies for this extension, upon departmental approval, would pay a $79.00 extension fee or 10 percent of the initial permit fee, whichever is greater. Due to the current condition of the economy, and the inability to predict the number of holders who may avail themselves of this proposed option, it is challenging to estimate a fiscal impact to the County. This extension, if approved, impacts the Department of Planning and Zoning (DPZ), the Public Works Department (PWD), the Department of Environmental Resources Management (DERM), and the Water and Sewer Department (WASD) for projects located in these departments’ service area jurisdictions.

Track Record/Monitor
The individual departments such as DPZ, PWD, DERM, and WASD issuing and extending permits, agreements and reservations of concurrency capacity will track and monitor these extensions.

Background
On February 2, 2010, the Board adopted Ordinance No. 10-14, codified as Code Chapter 33G-10, that created the option to extend development permits, agreements and reservations of concurrency capacity effective as of October 1, 2008 or issued or executed prior to October 1, 2010. The scope of this proposed ordinance extending this program is two-fold. It provides an additional two-year time extension option for permits previously extended under Ordinance No. 10-14 that are in good standing upon application and applicable fee payment, and it also provides an additional two-year time extension option for qualifying development permits not previously extended under the Ordinance and in good standing, if application is made by September 30, 2012 and applicable fee paid.

While it is difficult to predict the number of holders who may avail, the local development industry who requested extension of this program advised that they informally surveyed industry members and confirmed that this extension capability and incentive are critical for those existing holders who need it. If this proposed ordinance is adopted and extensions granted, an overall positive impact is expected for our community due to continued progress and spending on planned and permitted development activity that may otherwise cease or continue to be substantially curtailed due to current economic times affecting the construction industry in Miami-Dade County.

Note that presently the permit, agreement and concurrency reservation types listed in Ordinance No. 10-14 have the ability to be extended beyond their initial issuance periods under regular process. Holders of such permits do apply, pay a regular fee as provided for, and receive varying time extensions when allowed. A request to participate in this program and take advantage of this lower fee two year extension is at the sole option of the development permit or agreement holder; and it would not eliminate any existing time extension capability under the regular process.

Some of the advantages of the proposed two (2) year extension are as follows.

- The holder, who receives the extension, will be given a full two year extension – more time than existing allowed extensions provide under the regular process.
- The request to the County Department Director would be a short, simple holder-written application request, per permit; and thus, little or no form to fill-out.
- The proposed extension fee is comparatively low.
- Most importantly, the extensive work earlier done by the holder and the County that resulted in a development permit, agreement, or concurrency reservation can carry forward for the planned and permitted project via this program, potentially improving our local economy.





________________________
Assistant County Manager



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