Resolution 183-20131
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8 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. 1$3 - 2013
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12 A RESOLUTION AMENDING RESOLUTION 158 -2013, THE
13 PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
14 FEE SCHEDULE; AMENDING THE FEE SCHEDULE TO REVISE
15 THE FEES ASSOCIATED WITH NROGO APPLICATIONS; AND TO
16 REPEAL ANY OTHER FEE SCHEDULES INCONSISTENT
17 HEREWITH.
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19 WHEREAS, the Monroe County Board of County Commissioners wishes to provide the
20 citizens of the County with the best possible service in the most cost effective and reasonable
21 manner; and
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23 WHEREAS, the Board finds that it would be in the best interests of the general public to
24 charge the true cost for such services, thereby placing the burden of such costs directly upon
25 those parties deriving the benefit from such services; and
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27 WHEREAS, the updated fee schedule prepared by the Growth Management Director for
28 providing these services includes the estimated direct costs and reasonable indirect costs
29 associated with the review and processing of planning and development approval applications
30 and site plans, on -site biological reviews, appeals, preparation of official documentation
31 verifying existing development rights and other processes and services; and
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33 WHEREAS, the Board has discussed the need to adjust the fee schedule to compensate
34 the county for resources needed in excess of the fee estimates included in the base fees; and
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36 WHEREAS, applicants for development review should pay the cost of the review, rather
37 than those funds coming from other sources; and
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39 WHEREAS, the Board recently adopted two text amendments to the Monroe County
40 Land Development Code revising provisions concerning the Nonresidential Rate of Growth
41 Ordinance ( NROGO) and establishing an NROGO bank. The text amendments were
42 memorialized by Ordinance #019 -2013 and #020 -2013; and
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44 WHEREAS, the NROGO text amendments increased the cap on NROGO allocations to
45 10,000 square feet per site per quarterly allocation period; increased the cumulative cap on
46 NROGO allocations per structure to 10,000 SF and to 50,000 SF for structures in the Urban
Planning & Environmental Resources Department Fee Schedule (Revised 06 -19 -2013) Page 1 of 6
I Commercial zoning district; excludes structures within an overlay district established in a
2 community master plan from the 10,000 SF limit of NROGO allocations; and established an
3 NROGO bank and process for receiving allocations from the bank; and
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5 WHEREAS, application and review process for annual allocations and bank allocations
6 are nearly the same, and will generate a similar cost to the Planning and Environmental
7 Resources Department depending on the proposed square footage of the proposed development;
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10 WHEREAS, applications for more than 10,000 square feet of floor area require
11 allocations over multiple allocation quarters and; therefore, require an extended review process
12 and generate increased cost to the Planning and Environmental Resources Department; and
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14 WHEREAS, new fees are necessary to reflect the difference in cost generated by
15 applications for different amounts of NROGO floor area; and
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17 WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee
18 schedule during a public hearing on June 19, 2013;
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20 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
21 COMMISSIONERS OF MONROE COUNTY FLORIDA:
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23 Section 1.
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25 Pursuant to Section 102 - 19(9), the following schedule of fees to be charged by the
26 Growth Management Division for its services, including but not limited to the filing of
27 land development permit applications, land development approvals, land development
28 orders, and appeal applications, and requests for technical services or official letters
29 attesting to development rights recognized by the County shall be implemented:
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31 Administrative Appeals ......................... ............................... $1,500.00
32 Administrative Relief .. ............................... ......................$1,011.00
33 Alcoholic Beverage Special Use Permit .. ............................... $1,264.00
34 Appeal ROGO or NROGO to BOCC ..... ............................... $816.00
35 Beneficial Use ................................ ............................... $4,490.00
36 Biological Site Visit (per visit) ............. ............................... $280.00
37 Biologist Fee (Miscellaneous -per hour) ......... .........................$60.00
38 Boundary Determination .................... ............................... $1,201.00
39 Comprehensive Plan, Text Amendment ... ............................... $5,531.00
40 Comprehensive Plan, Future Land Use Map (FLUM) Amendment. $5,531.00
41 Conditional Use, Major, New / Amendment .............................. $10,014.00
42 Conditional Use, Minor, New / Amendment ............................ $8,484.00
43 Conditional Use, Minor, Transfer Development Rights (TDR) ........ $1,239.00
44 Conditional Use, Minor, Transfer Nonresidential Floor Area (TRE)$1,944.00
45 Conditional Use, Minor, Transfer ROGO Exemption (TRE).......... $1,740.00
46 Conditional Use, Minor/Major, Minor Deviation ...................... $1,768.00
Planning & Environmental Resources Department Fee Schedule (Revised 06 -19 -2013) Page 2 of 6
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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 Special Exception ........... ...............................
$1,026.00
Front Yard Setback Waiver, Administrative ............................
$1,248.00
Grant of Conservation Easement ........... ...............................
$269.00
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
Letter of Current Site Conditions .................. ........................$936.00
Letter of Development Rights Determination ........................... $2,209.00
Letter of ROGO Exemption ................. ...............................
$215.00
NROGO Application - up to 10,000 SF .......... ........................$920.00
NROGO Application - 10,001 - 50,000 SF .......... ......................$1,261.00
NROGO Application - 50,001 SF or greater ....... ......................$1,543.00
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 Letter of Understanding only identifying the status of a
nonconforming use .......................... ...............................
$250.00
Pre - application with No Letter of Understanding .....................
$296.00
Preliminary Endangered Species Impact Assessment (SAG) ........
$140.00
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 Approval for Shoreline Setback deviations
(3 or fewer dwelling units, Sec. 118 - 12(0)(2)) ..................
$1,152.00
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
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
Planning & Environmental Resources Department Fee Schedule (Revised 06 -19 -2013) Page 3 of 6
I Variance, Administrative .................... ............................... $1,248.00
2 Vested Rights Determination ............... ............................... $2,248.00
3 Wetlands Delineation (per hour) ........... ............................... $60.00
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5 Growth Management applications may be subject to the following additional fees or
6 requirements:
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8 1. For any application that requires a public hearing(s) and/or surrounding property
9 owner notification, advertising and/or notice fees; $245 for newspaper advertisement
10 and $3 per property owner notice.
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12 2. There shall be no application or other fees, except advertising and noticing fees, for
13 affordable housing projects, except that all applicable fees shall be charged for
14 applications for all development approvals required for any development under Sec.
15 130 -161.1 of the Monroe County Code and for applications for variances to setback,
16 landscaping and/or off - street parking regulations associated with an affordable
17 housing development.
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19 3. There shall be no application or other fees, except advertising and noticing fees, for
20 property owners who apply for a map amendment to the official LUD map and/or the
21 official FLUM, if the property owner can provide satisfactory evidence that a
22 currently existing use on the site that also existed lawfully in 1992 was deemed
23 nonconforming by final adoption of the LUD map and/or a currently existing use on
24 the site that also existed lawfully on the site in 1997 was deemed nonconforming by
25 final adoption of the FLUM. To qualify for the fee exemption, the applicant must
26 apply for a LUD and/or FLUM designation(s) that would eliminate the non-
27 conforming use created with adoption of the existing designation(s) and not create an
28 adverse impact to the community. Prior to submittal of a map amendment
29 application, the applicant must provide the evidence supporting the change and
30 application for a fee exemption with the proposed LUD map/FLUM designations to
31 the Monroe County Planning & Environmental Resources Department as part of an
32 application for a Letter of Understanding. Following a review, the Director of
33 Planning & Environmental Resources shall determine if the information and evidence
34 is sufficient, and whether the proposed LUD map and/or FLUM designations are
35 acceptable for the fee waiver, and approve or deny the fee exemption request. This
36 fee waiver Letter of Understanding shall not obligate the staff to recommend approval
37 or denial of the proposed LUD or FLUM Category.
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39 4. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and expenses
40 of any hearing officer. The County is currently charged $142.00 per hour by
41 Department of Administrative Hearings (DOAH). If the fee charged to the County is
42 increased, the charge will change proportionately. An estimated amount of one -half
43 of the hearing officer costs as determined by the County Attorney shall be deposited
44 by the applicant along with the application fee, and shall be returned to the applicant
45 if unused.
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Planning & Environmental Resources Department Fee Schedule (Revised 06 -19 -2013) Page 4 of 6
1 5. Base fees listed above include a minimum of (when applicable) two internal staff
2 meetings with applicants; one Development Review Committee meeting, one
3 Planning Commission public hearing; and one Board of County Commission public
4 hearing. If this minimum number of meetings/hearings is exceeded, the following
5 fees shall be charged and paid prior to the private development application
6 proceeding through public hearings:
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8 a. Additional internal staff meeting with applicant $500.00
9 b. Additional Development Review Committee public hearing $600.00
10 c. Additional Planning Commission public hearing $700.00
11 d. Additional Board of County Commissioners public hearing $850.00
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13 The Director of Growth Management or designee shall assure these additional fees
14 are paid prior to hearing scheduling. These fees apply to all applications filed after
15 September 15, 2010.
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17 6. Applicants for Administrative Appeal, who prevail after all appeals have been
18 decided or where the appeal period(s) has expired, shall have the Administrative
19 Appeal application fee refunded. A full refund does not require approval by the Board
20 of County Commissioners; however, if the appellant only prevails on a portion of
21 their appeal, the Board of County Commissioners shall determine the amount of the
22 refund.
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24 7. Concerning the application fees to amend the tier maps, the lesser application fee of
25 $1,600.00 is only available for applications to amend the tier designation of a single
26 URM or IS platted lot. It may not be used to amend the designation of more than one
27 parcel.
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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 map or text
amendment submitted by a private applicant. Any unused funds deposited by the
applicant will be returned upon permit or amendment 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.
Planning & Environmental Resources Department Fee Schedule (Revised 06 -19 -2013) Page 5 of 6
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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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 19 th day of June , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
B Y By
Deputy Clerk Mayor George Neugent
a COUN ORNEY ED A TO ORM e
Planning & Environmental Resources Department Fee Schedule (Revised 06 -19 -2013) Page 6 of 6
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Planning & Environmental Resources Department Fee Schedule (Revised 06 -19 -2013) Page 6 of 6