Resolution 127-2012 ,
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MONROE COUNTY, FLORIDA.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 127 -2012
A RESOLUTION AMENDING RESOLUTION 169-2011, THE
PLANNING & ENVIRONMENTAL ' RESOURCES
DEPARTMENT FEB SCHEDULE; TO GENERALIZE THE
TITLE OF THE FEE FOR APPLICATIONS FOR EXTENSIONS
OF TIME AUTHORIZED BY STATE LEGISLATION; TO
EXEMPT MAP AMENDMENT FEES FOR PROPERTY
OWNERS WHO APPLY TO AMEND THEIR'PROPERTIES'
LAND USE=DISTRICT AND/OR FUTURE LAND USE MAP
DESIGNATIONS TO DESIGNATIONS THAT WOULD
ELIMINATE NONCONFORMITIES TO USES THAT WERE
CREATED WHEN THE PROPERTIES WERE REZONED BY
THE COUNTY IN 1992 AND/OR PROVIDED A FUTURE
LAND USE MAP DESIGNATION IN 1997 UNDER CERTAIN
CONDITIONS; PROVIDING FOR A FEE FOR A LETTER- OF
UNDERSTANDING FOR MAP . AMENDMENT FEE
WAIVERS; AND TO REPEAL ANY OTHER FEE SCHEDULES
INCONSISTENT HEREWITH:
WHEREAS, the Monroe County Board of County Commissioners wishes to
provide the citizens of the County with the best possible.service in the most cost effective
and reasonable manner; and
WHEREAS, the Board finds that it would be in the best interests of the general.
public to charge the true cost for such services, thereby placing the burden of such costs
directly upon those parties deriving the benefit from such services;-and-
WHEREAS, the updated fee schedule prepared by the Growth Management..
Director for providing these services includes the estimated direct costs and reasonable
indirect costs associated with the review and processing of planning and development
approval applications and site plans, on-site biological,reviews, administrative appeals,
preparation of official documentation verifying existing development rights and other
processes and services; and
Planning&Environmental Resources Department Fee Schedule
Page 1.of 7 i.
WHEREAS, the Board. has discussed the need to adjust the fee schedule to
compensate the county for resources needed in excess of the fee estimates included in the
base fees; and
WHEREAS, applicants for development review should pay the cost of the
review,rather than those funds coming from other sources; and
WHEREAS, the Board of County Commissioners wishes to amend fees to
compensate for resources expended in applications for private development approvals;
and
WHEREAS, The Florida State Legislature is considering legislation which
allows for extensions of time for some development orders for which the fee is currently
$250.00,based on previous Senate and House bills; and
WHEREAS, in 1992, a revised series of zoning maps was approved (also known
as the Land Use District (LUD) maps) for all areas of the unincorporated county. These
maps depicted boundary determinations carried out between 1986 and 1988, depicted
parcel lines and were drawn at a more usable scale. Although signed in 1988, the LUD's
did not receive final approval until 1992. The Monroe County Land Development
Regulations, portions of which are adopted by Rule 28-20.021, F.A.C., and portions of
which are approved by the Department of Community Affairs in Chapter 9J-14, F.A.C.,
were amended effective August 12, 1992. The Land Use District Map was revised to
reflect the changes in this rule. The LUD maps remain the official zoning maps of
Monroe County; and
WHEREAS, in 1993, Monroe County adopted a set of Future Land Use Maps
(FLUM) pursuant to a joint stipulated settlement agreement and Sec. 163.3184 Florida
Statutes. The Ordinance #016-1993 memorialized the approval. This map series was
dated 1997. The 1997 FLUM remains the official future land use maps of Monroe
County; and
WHEREAS, since the adoption of the LUD maps and FLUM, the County has
discovered that several parcels with existing, lawful uses were assigned land use district
and future land use categories that deemed those uses nonconforming. In these instances,
the County created nonconformities to use without studying of the existing uses and the
impact of deeming those uses nonconforming. A remedy to existing property owners
would be to allow those property owners to apply for map amendments to designations
that would eliminate the nonconformities created by the County and not by the property
owner without the payment of a fee; and
WHEREAS, the County wishes to clarify that fees will be changed to private
applicants for traffic studies required or requested for not only map amendments, but for
text amendments submitted by private applicants; and
Planning&Environmental Resources Department Fee Schedule
Page 2 of 7
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on April 18, 2012;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY.
COMMISSIONERS OF MONROE COUNTY FLORIDA:
Section 1.
Pursuant to Section 102-19(9),the following schedule of fees to be charged by the
Growth Management Division for,its services, including but not limited to the
filing of land development permit applications, land development approvals, land
development orders, and appeal applications, and requests for technical services
or official letters attesting to development rights recognized by the County shall
be implemented:
Administrative Appeals $1,500.00
Administrative Relief $1,011.00
Alcoholic Beverage Special Use Permit $1,264.00
Appeal ROGO or NROGO to BOCC $816.00
Beneficial Use . , $4,490.00
Biological Site Visit(per visit) .$280.00
Biologist Fee(Miscellaneous-per hour) ' $60.00
Boundary Determination $1,201.00
Comprehensive Plan,Text Amendment $5,531.00
Comprehensive Plan,Future Land Use Map (FLUM)Amendment $5,531.00
Conditional Use,Major,New/Amendment .$10,014.00
Conditional Use,Minor,New/Amendment $8,484.00
Conditional Use, Minor, Transfer Development Rights (TDR) $1,239.00
Conditional Use, Minor,Transfer Nonresidential Floor Area(TRE)$1,944.00
Conditional Use, Minor,Transfer ROGO Exemption(TRE) $1,740.00
Conditional Use, Minor/Major, Minor Deviation $1,768.00
Conditional Use, Minor/Major,Major Deviation . $3,500.00
Conditional Use, Minor/Major, Time Extension $986.00
Department of Administrative Hearings (DOAH)Appeals .$816.00
Development Agreement $12,900.00
Development of Regional Impact(DRI) . $28,876.00
Dock Length Variance ...$1,026.00
Front Yard Setback Waiver,Administrative . $1,248.00
Front Yard Setback Waiver,Planning Commission ' .$1,608.00
Grant of Conservation Easement $269.00
Habitat Evaluation Index(per hour) $60.00
Home Occupation Special Use Permit , $498.00
Inclusionary Housing Exemption $900.00
Land Development Code, Text Amendment $5,041.00
Land Use District Map, Amendment—Nonresidential $4,929.00
Land Use District Map, Amendment—Residential .$4,131.00
Planning&Environmental Resources Department Fee Schedule
Page 3 of 7
Letter of Current Site Conditions .$936.00
Letter of Development Rights Determination $2,209.00
Letter of ROGO Exemption .$215.00
Letter of Understanding for LUD Map/FLUM Fee waiver .$250.00
NROGO Application $774.00
Planning Fee (Miscellaneous-per hour) .$50.00
Parking Agreement .. $1,013.00
Planning Site Visit . $129.00
Platting, 5 lots or less $4,017.00
Platting, 6 lots or more $4,613.00
Pre-application with Letter of Understanding $689.00
Pre-application with No Letter of Understanding $296.00
Public Assembly Permit $149.00
Dog in Restaurant Permit .$150.00
Research,permits and records (per hour) ..$50.00
Road Abandonment .. $1,533.00
ROGO Application $748.00
ROGO Lot/Parcel Dedication Letter $236.00
Legislative Time Extension for Development Orders/Permits...... $250.00
Special Certificate of Appropriateness ..$200.00
Tier Map Amendment—Other than IS/URM Platted Lot $4,131.00
Tier Map Amendment IS/URM Platted Lot Only $1,600.00
Vacation Rental Permit(Initial) $493.00
Vacation Rental(Renewal) $100.00
Vacation Rental Manager License $106.00
Variance, Planning Commission, Signage $1,076.00
Variance,Planning Commission, Other than Signage ..$1,608.00
Variance,Administrative $1,248.00
Vested Rights Determination $2,248.00
Wetlands Delineation (per hour) $60.00
Growth Management applications may be subject to the following additional fees,
requirements or applicability:
1. For any application that requires a public hearing(s) and/or surrounding
property owner notification, advertising and/or notice fees; $245 for
newspaper advertisement and$3 per property owner notice.
2. There shall be no application or other fees, except advertising and noticing
fees, for affordable housing projects, except that all applicable fees shall be
charged for applications for all development approvals required for any
development under Sec. 130-161.1 of the Monroe County Code and for
applications for variances to setback, landscaping and/or off-street parking
regulations associated with an affordable housing development.
Planning&Environmental Resources Department Fee Schedule
Page 4 of 7
3. There shall be no application fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official LUD map
and/or the official FLUM, if the property owner can provide satisfactory
evidence that a currently existing use on the site that also existed lawfully in
1992 was deemed nonconforming by final adoption of the LUD map and/or a
currently existing use on the site that also existed lawfully on the site in 1997
was deemed nonconforming by final adoption of the FLUM. To qualify for
the fee exemption, the applicant must apply for a LUD and/or FLUM
designation(s) that would eliminate the non-conforming use created with
adoption of the existing designation(s) and not create an adverse impact to the
community. Prior to submittal of a map amendment application, the applicant
must provide the evidence supporting the change and application for a fee
exemption with the proposed LUD map/FLUM designations to the Monroe
County Planning & Environmental Resources Department as part of an
application for a Letter of Understanding. Following a review, the Director of
Planning & Environmental.Resources shall determine if the information and
evidence is sufficient, and whether the proposed LUD map and/or FLUM
designations are acceptable for the fee waiver, and approve or deny the fee
exemption request. This fee waiver Letter of Understanding shall not obligate
the staff to recommend approval or denial of the proposed LUD or FLUM
Category.
4. Hearing'fees: applicant shall pay half the cost of the hourly rate, travel and
expenses of any hearing officer. The County is currently charged $144.00 per
hour by Department of Administrative Hearings (DOAH). If the fee charged
to the County is increased, the charge will change proportionately. An
estimated amount of one-half of the hearing officer costs as determined by the
County Attorney shall be deposited by the applicant along with the application
fee, and shall be returned to the applicant if unused.
5. Base fees listed above include a minimum of (when applicable) two internal
staff meetings with applicants; one Development Review Committee meeting,
one Planning Commission public hearing; and one Board of County
Commission public hearing. If this minimum number of meetings/hearings is
exceeded, the following fees shall be charged and paid prior to the private
development application proceeding through public hearings:
a. Additional internal staff meeting with applicant ' $500.00
b. Additional Development Review Committee public hearing$600.00
c. Additional Planning Commission public hearing $700.00
d. Additional Board'of County Commissioners public hearing $850.00
The Director of Growth Management or designee shall assure these additional
fees are paid prior to hearing scheduling. These fees apply to all applications
filed after September 15, 2010.
Planning&Environmental Resources Department Fee Schedule
Page 5 of 7
6. Applicants for Administrative Appeal, who prevail based on County error, as
found by the Planning Commission, shall have the entire application fee
refunded.
7. Concerning the application fees to amend the,tier maps, the lesser application
fee of $1,600.00 is only available for applications to amend the tier
designation of a single URM or IS platted lot. It may not be used to amend
the designation of more than one parcel.
8. Applicants for any processes listed above that are required to provide
transportation studies related to their development impacts shall be required to
deposit a fee of $5,000 into an escrow account to cover the cost of experts
hired by the Growth Management Division to review the transportation and
other related studies submitted by the applicant as part of the development
review process or any text amendment submitted by a private applicant. Any
unused funds deposited by the applicant will be returned upon permit
approval. Monroe County shall obtain an estimate from the consultant they
intend to hire to review the transportation study for accuracy and methodology
and if the cost for the review on behalf of Monroe County is higher than the
$5000, applicant shall remit the estimated amount. Any unused funds
deposited by the applicant will be returned upon permit approval.
Section 2.
Any other fees schedules or provisions of the Monroe County Code inconsistent herewith
are hereby repealed.
Section 3.
The. Clerk of the Board is hereby directed to forward one (1) certified copy of this
Resolution to the Division of Growth Management. . .
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Planning&Environmental Resources Department Fee Schedule
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of April , 2012.
Mayor David Rice Yes
Mayor Pro Tern Kim Wigington Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
Commissioner George Neugent Yes
�, •%' %! 6 �: OUNTY BOARD OF COUNTY COMMISSIONERS
e : c L. KOLHAGE, CLERK
° 1 Q. S-P-Ve/40 By
Clerk Mayor David Rice
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O M I —' MOLAR E OUNTY ATTORNEY
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Date:
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Planning&Environmental Resources Department Fee Schedule
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