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Item U2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2004 Division: Growth Management Bulk Item: No -1L Department: Planning & Env. Resources AGENDA ITEM WORDING: A public hearing to adopt an ordinance creating Section 9.5-21(i), Monroe County Code, authorizing the Board of County Commissioners to adopt by resolution, fees to be charged by the Monroe County Growth Management Division for land development applications, permits, approvals, appeals, and deleting Sections 9.5-491(A), 9.5-492(c), 9.5-493(c), 9.5-494(b), 9.5 1-495(b), that imposed fair share impact fees for development and Section 9.5-522, for filing fees. [One public hearing only required.] ITEM BACKGROUND: Impact fees were established by resolution beginning in 1989 with changes in 1992 & 1993. At the time the newer impact fee schedules were established, the previous fees, adopted by Ordinance, in the LDR's were not deleted. This amendment removes those older fees that are no longer applicable. Filing fees for Map Amendments and Appeals were included in the original adoption of the LDR's, they no longer reflect the cost. The Planning Commission after three public hearings, voted three to two, to not recommend the proposed amendment to the BOCC and continue to request the fees be set through Ordinance with Planning Commission and DCA review. PREVIOUS RELEVANT BOCC ACTION: Impact fees were established by resolution in 1989, with changes in 1992 & 1993; filing fees were first adopted by resolution in 1992 and amended in 2003. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: Yes No N/A COST TO COUNTY: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X Risk Management N/ A DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow_ DISPOSITION: AGENDA ITEM # U ex. If r(!~ KMC Planning Director AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS Board of County Commissioners Meeting - Key West April 21, 2004 PROPOSED AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS AN ORDINANCE AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY CREATING SEC. 9.5-21 (i) AUTHORIZING MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO ESTABLISH BY RESOLUTION, FEES TO BE CHARGED BY THE MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR LAND DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND APPEALS, DELETING SEC. 9.5 491(a) FAIR SHARE TRANSPORTATION IMPACT FEE; SEC. 9.5-492 (c) FAIR SHARE COMMUNITY PARK IMPACT FEE; SEC. 9.5-493(c) FAIR SHARE LIBRARY IMPACT FEE; SEC. 9.5-494(b) FAIR SHARE SOLID WASTE IMPACT FEE; SEC. 9.5- 495(b) FAIR SHARE POLICE FACILITIES IMPACT FEE; AND SEC. 9.5-522 FILING FEES FOR MAP PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO NOT REFLECT THE PRESENT IMPACT FEES AND FILING FEES ADOPTED BY MORE RECENT RESOLUTIONS OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. Land Development Regulations Text Amendment Staff Approval January 15,2004 Staff Report DRC Approval January 15, 2004 Resolution #D04-04 PC Approval March 24, 2004 Resolution #P04-04 Board of County Commissioners Ordinance ORDINANCE NO. -2004 AN ORDINANCE AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY CREATING SEC. 9.5-21 (i) AUTHORIZING MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO ESTABLISH BY RESOlUTION, FEES TO BE CHARGED BY THE MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR LAND DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND APPEALS, DELETING SEC. 9.5 49iCa) FAIR SHARE TRANSPORTATION IMPACT FEE; SEC. 9.5....92 (e) FAIR SHARE COMMUNITY PARK IMPACT FEE; SEC. 9.5- 493Cc) FAIR SHARE LIBRARY IMPACT FEE; SEC. 9.5-494{b) FAIR SHARE SOLID WASTE IMPACT FEE; SEC. 9.5-495(b) FAIR SHARE POLICE FACILITIES IMPACT FEE; AND SEC. 9.5-522 FILING FEES FOR MAP PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO NOT REFLECT THE PRESENT IMPACT FEES AND FILING FEES ADOPTED BY MORE RECENT RESOLUTIONS OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The impact fees established in Sec. 9.5 491(a) Fair share transportation impact fee; Sec. 9.5-492 (c) Fair share community park impact fee; Sec. 9.5-493(c) Fair share library impact fee; Sec. 9.5-494(b) Fair share solid waste impact fee; and Sec. 9.5-495(b) Fair share police facilities impact fee were adopted by resolutions of the Monroe County Board of County Commissioners in 1989; and WHEREAS, these fees do not reflect the present day fees that were established by more recent 1992 and 1993 resolutions of the County Commission; and WHEREAS, at the time that the newer impact fee schedules were established. the previous fees were inadvertently not deleted; and WHEREAS, this deletion removes those older fees that are no longer applicable; and WHEREAS, Sec.9.5-522. Filing fees for map petitions and administrative appeals were adopted by ordinance of the Board of County Commissioners in 1987; and WHEREAS, These fees were revised and adopted by resolution of the Board of County Commissioners in 2003; and WHEREAS, the Sec. 9.5-522 was inadvertenUy not deleted; and WHEREAS, the proposed text change was reviewed and APPROVED at the ORC publiC meeting of January 15. 2004; and WHEREAS, this text change was reviewed and APPROVED at the PC public hearing of January 28, 2004 and APPROVED at the public hearing of February 11, 2004; WHEREAS, Staff finds that the proposed change is consistent with Section 9.5-511(d)(5) b. (iv) New Issues and (V) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, Staff finds that the proposed change is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Board of County Commissioners was presented with the following evidence, which by reference is hereby incorporated as part of the record of said hearing; 1. Staff report prepared on January 29th, 2003 by Fred Gross, Island Planning Team Director. 2. Proposed change to the Monroe County Land Development Regulations. 3. The sworn testimony of the Growth Management Staff. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNlY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Planning Commission of the following amendments to the text of the Monroe County land Development Regulations as requested by the Monroe County Planning Department: I Strike tt:lr:ewtt:l text is deleted. Underlined text is new. Section 1. Section 9.5.21. Board of County Commissioners (i) To establish. by resolutionLa schedule of fees to be chalJJed bv the Growth Management Division CGMD) to persons filina land develooment oermit 8DDlications. land develoDment aoorova' applications. and land develoPment order aoplications however styled. and. any land develooment order aooeal however styled. In establishina the fee amounts. the GMD Director shall Dresent evidence to the Board of the cost incurred by the GMO in staff time. Section 2. and material exoended. that are usuallv required to review the Darticular item that is the subiect of the proDOSed fee. The general administrative and operational overhead of the GMD may not be included in the fee amount. While mathematical exactitude is not reQuired, no fee adopted by the Board pursuant to this sub...section mav be in excess of the amount reasonablv supported by the evidence submitted by the GMD Director reoardin~ the staff time incurred. and material expended. usually reauired for the review of the particular item that is the subiect of the proposed fee. Any fee resolution considered bv the Board pursuant to this subsection must be heard by the Board at a time certain public hearina with public notioe provided in the same manner as the public notioe reauired for the adoption of an ordinance under Sec. 125.66(2}(a), FS. At the public hearing, members of the public must be afforded an opportunity to comment on the proposed fees. The fees established shall ~enerallY be nonrefundable: provided. however, the Board maY approve a refund of UD to fifty (50) percent of the fee upon aood cause shown by the applicant and a recommendation from the GMD Director that the refund will not result in GMD staff time costs or material costs already expended ~oinQ unreimbursed. Sec. 9.5-491. Fair share transportation impact fee. (C) Establishment of Fee Schedule: Any person who shall initiate any new land development activity generating traffic, except those preparing a traffic impact analysis pursuant to subsection (d) of this section, shall pay, prior to the issuance of a certificate of occupancy, a fair share transportation fee as established by tt:Ma fellGwfng SQA98YIe: resolution of the Board of County Commissioners. ~iRgle family Multifamily Mobile A9FR8 Hatel, per room Motel, per m9fJ1 Medical 9ffiGe, per 1,000 6\1.ft HaRkiAg, per 1,000 sq.ft Other 9ffiGe, per 1,000 Bq.ft Wareho\lse, per 1,ggg sq.ft Rotail, per 1,000 sq.ft., uReler 50,000 sq.ft Retail, per 1,000 ~.ft., 260,000 ",.ft. and 9V9r ReSlr:eati9Aa', campground, per 8pace Marina, per bert.J:l $1,i10.99 11,41&.00 $ 638. 00 $1.744.00 $1,7~~.90 $2,315.09 $3, 71&.00 $1,822.00 $ 568.00 $1,235.00 $1,35+:00 $1,699.00 $ 715.00 RV Dark. Der space $1..732.00 Section 3. Sec. 9.5-492. Fair share community park impact fee. (c) Fair Share Park Fee To Be Imposed on New Residential Land Development Activity: Payment of fair share fee prior to issuance of certificate of occupancy: Any person who shall receive a certificate of occupancy for any new residential land development activity that places an increased demand on the county's community park facilities shall pay a fair share park fee as fell~: established by resolution of the Board of Countv Commissioners. L.and U8a Type PermaReRt fesidential YRit Tr-3RSieRt residential "Rit Fee $128.40 1 07.00 Section 4. Sec. 9.5-493. Fair share library impact fee. (c) Fair Share Library Fee To Be Imposed on New Residential Land Development Activity: (1) Payment of fair share fee prior to issuance of certificate of occupancy: Any person who shall receive a certificate of occupancy for any new residential land development activity that places an increased demand on the county's library facilities shall pay a fair share library fee as felle"JN6: established by resolution of the Board of Countv Commissioners. /:.and Use Type ResMileRtial ...nit . . . $1Qg.QO SECTION 5. Sec. 9.5-494. Fair share solid waste impact fee. (b) Fee Schedule: (1) Prior to the issuance of a certificate of occupancy. all land development, except for applicants who opt to make their own independent calculation, shall pay a fair share solid waste fee, as established by the fol~;R9 tefRpeFa~.. fee sohedl:Jle: resolution of the Board of County Commissioners. PormSAem FesideAtial WFlit, per WRit Transient Fe&idential ynit, per unit MariAa, per berth Modical, baRking aAd oU,.r effiae, per 10g 64:1ll1are feet WaFeheuse!wl:leles8te, per 100 sqware feet Re&taYFaAl (including fast feed), per 100 SSlW8Fe feet S\lpeFmafketkoR\'enien~ stoFe, per 1Qg square feet Retail \:lRder 1QO,OOO sqyare f84M, per 100 SqYilF8 feet Retail over 100,00 &quare feet, per 100 sqw8Fe feet $65.0.ct 5~.18 25.80 6.45 12.90 ~2.58 58.05 25.00 ~2.2$ Tl:lis fee sG~eElyle &t:tall be Fe\'is'Nee and ~isee BY the boar:e gf oounty semmissioners within six (6) mantAs of the ef:fedh18 "ate of the plan base" \lpeA a stydy and F8s9FF1mendation by ~e director of planning.. SECTION 6. Sec. 9.5-495. Fair share police facilities impact fee. (b) Fair Share Police Facilities Fee To Be Imposed on New Residential Land Development Activity: (1) Fee: Any person who shall initiate any new land development activity generating a need for police facilities except for those applicants who prepare a police facilities impact analysis pursuant to paragraph (2) of this subsection, shal/ pay, prior to the issuance of a certificate of occupancy, a fair share police facilities fee as established by the tel/awing 1omperar:)' fee schedule: resolution of the Board of County Commissioners. Pelm3R8Rt residential unit, peF--WAit TFaAsieAt fe6ideRti-31 WAit, per unit NGnresiGeAtial, per 1000 square feet $1Q2.JU 85.32 13fUiO Thi& fee schedule shall be m~/i9l'MeG .Act revised by the b9a~ 9f coumy Ge~~i&6ioners withiA S9f: (6) months of the e1Jestive sate of tt:Je plan based Yp9A 3 StY9Y and recommendatioR BY tf:te direstOf' of planning. Section 7. Sec. 9.5-522. FiliAg fe88 fer fRap petitions and adfRiAiatratn."e appeals- Reserved. The felle,,'Jing filing fees are hereBY eetablished ~lJr&llaAt te tt:Jis chapter: (0) For SAY rarefJ06sl by a 13AEl9WFler er perSOR MviAg a contf:aclyal iAteJe8t in pf'.9pelty desiriRg '9 petiti9fl the ooaRj sf S9UAt)' commi&si9AeFS for an ameAElFAeAt to tt:te land YEe Eli6triGt map . - . $250.00 (9) Any person filiAg aA appeal 1m", aR aElFAiAistrative intC*pretatiet:l sr deci&ioR BY any aElministrative 9ffisial t."nth fespeGt te tt:\e pfC)t4isioA& of t~is GRSp'Sr andJoF the G9FRpFeRensive l3Rd...w6e plan. . .250.00 (OFd. No. 22 1987, S ~) Section 8. If any section, subsedion, sentence, clause, item, change, or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such validity. Section 9. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 10. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida. as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 11. This ordinance shall be transmitted by the Planning Department to the Department of Community Affairs to determine the consistency of this ordinance with the Florida Statutes. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of A.D., 2004. Mayor Murray Nelson Mayor Pro Tem David P. Rice Commissioner Charles "Sonny" McCoy Commissioner George Neugent Commissioner Dixie Spehar By BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA By Mayor/Chairperson (SEAL) Attest; DANNY L.KOLHAGE. Clerk Deputy Clerk MONROE COUNTY ATTORNEY PP FORM: Board of County Commissioners Staff Report MEMORANDUM TO: Board of County Commissioners K. Marlene Conaway, Dir. of Planning & Env. Resources~rt!-- FROM: DATE: March 30, 2004 SUBJECT: AMENDMENT TO SEe. 9.5-21 (i) GRANTING AUTHORITY TO THE BOARD OF COUNTY COMMISSIONERS TO SET FEES BY RESOLUTION TO BE CHARGED FOR LAND DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND APPEALS, AND DELETING FROM THE LDRS THE DOLLAR AMOUNTS OF IMPACT FEES IN ARTICLE X AND FILING FEES IN 9.5-522 FOR MAP PETITIONS AND ADMINISTRATIVE APPEALS. I. Background: The impact fees established in Sec. 9.5 491(a) Fair share transportation impact fee; Sec. 9.5-492 (c) Fair share community park impact fee; Sec. 9.5-493(c) Fair share library impact fee; Sec. 9.5-494(b) Fair share solid waste impact fee; and Sec. 9.5-495(b) Fair share police facilities impact fee were adopted by resolutions of the Monroe County Board of County Commissioners in 1989. These fees do not reflect the present day fees that were established by resolutions of the County Commission after studies were completed in 1992 and 1993. Some of the fees are less than the amounts in the LDRS and others are higher. Impact fees are required to reflect the cost of new development. At the time that the newer impact fee schedules were adopted, the previous fees in the LDRS were not deleted. This deletion removes those older fees that are no longer applicable. Sec.9.5-522. Filing fees for map petitions and administrative appeals were adopted by ordinance of the Board of County Commissioners in 1987 and became a part of the LDRS. A Resolution was passed by the Board in 1992 establishing a comprehensive set of planning fees. The 1992 fee for Appeals remained the same, $250.00, while the fee for a Map Amendment was increased from $250 to $1,850. The filing fees were not removed from 9.5-522 when the new fees were adopted. These fees were again revised and adopted by Resolution of the Board of County Commissioners in 2003, to reflect the current costs (Map Amendment, $3090 and Appeals, $1,000. The fee changes in Resolution 211-2003 were made after a review of the increasing cost to the County of planning review and approval. This proposed amendment, in Section 9.5-21, details the process whereby the Board of County Commissioners has the authority to increase planning fees by Resolution after a public hearing. The fees must be based on the Planning Director providing evidence to the Board of the cost incurred by Growth Management in staff time and material expended. The Board has the fiscal responsibility for the County and this amendment codifies the process of changing fees without going through the long LDR amendment process including review by DCA. This amendment was reviewed and recommended for approval by the DRC at its public meeting of January 15,2004. The Planning Commission after public hearings on January 29, 2004, February 11 and 25, 2004 voted three to two not to recommend approval of the proposed text change. The Planning Commission after taking testimony and discussing the issue determined that it was not appropriate to remove the fees from the Land Development Regulations and to have the fees adopted by Resolution of the Board. The majority of the Commission wanted the fees to continue to be adopted by Ordinance as an amendment to the Land Development Regulations after review and recommendation of the Planning Commission and the change reviewed by the DCA. IV. STAFF RECOMMENDATION The staff recommends APPROV AL of the proposed amendments to the Monroe County Board of County Commissioners. Planning Commission Resolution #P05-04 Signed & Dated March 24, 2004 PLANNING COMMISSION RESOLUTION #P05-04 AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY CREATING SEC. 9.5-21 (i) AUTHORIZING MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO ESTABLISH BY RESOLUTION, FEES TO BE CHARGED BY THE MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR LAND DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND APPEALS, DELETING SEC. 9.5 491(a) FAIR SHARE TRANSPORTATION IMPACT FEE; SEC. 9.5-492 (c) FAIR SHARE COMMUNITY PARK IMPACT FEE; SEC. 9.5-493(c) FAIR SHARE LIBRARY IMPACT FEE; SEC. 9.5-494(b) FAIR SHARE SOLID WASTE IMPACT FEE; SEC. 9.5-495(b) FAIR SHARE POLICE FACILITIES IMPACT FEE; AND SEC. 9.5-522 FILING FEES FOR MAP PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO NOT REFLECT THE PRESENT IMPACT FEES AND FILING FEES ADOPTED BY MORE RECENT RESOLUTIONS OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. WHEREAS, The impact fees established in Sec. 9.5 491 (a) Fair share transportation impact fee; Sec. 9.5-492 (c) Fair share community park impact fee; Sec. 9.5-493(c) Fair share library impact fee; Sec. 9.5-494(b) Fair share solid waste impact fee; and Sec. 9.5-495(b) Fair share police facilities impact fee.; and WHEREAS, these fees do not reflect the fees that were established by resolutions of the Monroe County Board of County Commissioners in 1989, 1992 and 1993; and WHEREAS, at the time that the newer impact fee schedules were established, the previous fees were inadvertently not deleted; and WHEREAS, this deletion removes those older fees that are no longer collected; and WHEREAS, Sec.9.5-522. Filing fees for map petitions and administrative appeals were adopted by ordinance of the Board of County Commissioners in 1987; and WHEREAS, These fees were revised and adopted by resolution of the Board of County Commissioners in 2003; and WHEREAS, the Sec. 9.5-522 was inadvertently not deleted; and WHEREAS, the Planning Commission finds that it is not appropriate to remove the fees from the Land Development Regulations and to have the fees adopted by a resolution of the Board of County Commissioners; and Page 1 of 7 ~ P05-04 WHEREAS, the Planning Commission finds that fees should continue to be adopted by ordinance as an amendment to the Land Development Regulations after review by the Planning Commission; and WHEREAS, the proposed text change was reviewed at Planning Commission public hearings on January 28, 2004, February 11 and 25, 2004 and the Planning Commission voted not to recommend the proposed amendment for approval to the Board of County Commissioners; NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision not to recommend to the Monroe County Board of County Commissioners the following amendments to the text of the Monroe County Land Development Regulations as requested by the Monroe County Planning Department: PROPOSED TEXT AMENDMENT I Striko through text is deleted. Underlined text is new. Sec. 9.5-21. Board of County Commissioners 0) To establish. by resolution. a schedule of fees to be charqed by the Growth Manaqement Division (GMD) to persons filinq land development permit applications. land development approval applications. and land development order applications however styled, and any land development order appeal however styled. In establishinq the fee amounts. the GMD Director shall present evidence to the Board of the cost incurred by the GMD in staff time, and material expended. that are usually required to review the particular item that is the subiect of the proposed fee. The qeneral administrative and operational overhead of the GMD may not be included in the fee amount. While mathematical exactitude is not required. no fee adopted by the Board pursuant to this subsection may be in excess of the amount reasonably supported by the evidence submitted by the GMD Director reqardinq the staff time incurred. and material expended. usually required for the review of the particular item that is the subiect of the proposed fee. Any fee resolution considered by the Board pursuant to this subsection must be heard by the Board at a time certain public hearinq with public notice provided in the same manner as the public notice required for the adoption of an ordinance under Sec. 125.66(2)(a), FS. At the public hearinq, members of the public must be afforded an opportunity to comment on the proposed fees. The fees established shall qenerally be nonrefundable: provided, however, the Board may approve a refund of up to fifty (50) percent of the fee upon qood cause shown by the applicant and a recommendation from the GMD Director that the refund will not result in GMD staff time costs or material costs already expended qoinq unreimbursed. Page 2 of 7 f P05-04 Sec. 9.5-491. Fair share transportation impact fee.* *Cross reference(s)--Motor vehicles and traffic, ch. 11; streets and highways, ch. 16. Establishment of Fee Schedule: Any person who shall initiate any new land development activity generating traffic, except those preparing a traffic impact analysis pursuant to subsection (d) of this section, shall pay, prior to the issuance of a certificate of occupancy, a fair share transportation fee as established by the follO\\'ing schedulo: resolution of the Board of County Commissioners. Any fee resolution considered by the Board pursuant to this subsection must be heard by the Board at a time certain public hearina with public notice provided in the same manner as the public notice required for the adoption of an ordinance under Sec. 125.66(2)(a), FS Single family Multifamily Mobilo homo Hotol, per room Motol, per room Modical offico, por 1,000 sq.ft Banking, per 1,000 sq.ft Other office, per 1,000 sq.ft Warehouse, per 1,000 sq.ft Gener31 industrial, por 1,000 sq.ft Rotail, per 1,000 sq.ft., under 50,000 sq.ft Retail, per 1,000 sq.ft., 50,000 to 99,999 sq.ft Retail, por 1,000 sq.ft., 100,000 to 249,999 sq.ft Retail, por 1,000 sq.ft., 250,000 sq.ft. and over Recreational, c3mpground, por space Marina, pm berth RV park, per spaco $1,610.00 $1,115.00 $ 638.00 $1,744.00 $1,744.00 $2,315.00 $3,716.00 $1,822.00 $ 568.00 $ 591.00 $1 ,235.00 $ 974.00 $1,874.00 $1,357.00 $1,699.00 $ 715.00 $1,732.00 P05-04 Page 3 of 7 Sec. 9.5-492. Fair share community park impact fee.* *Cross reference(s)--Parks and recreation generally, ch. 13.5. (c) Fair Share Park Fee To Be Imposed on New Residential Land Development Activity: Payment of fair share fee prior to issuance of certificate of occupancy: Any person who shall receive a certificate of occupancy for any new residential land development activity that places an increased demand on the county's community park facilities shall pay a fair share park fee as foIlO'.\'s: established by resolution of the Board of County Commissioners. Any fee resolution considered by the Board pursuant to this subsection must be heard by the Board at a time certain public hearino with public notice provided in the same manner as the public notice required for the adoption of an ordinance under Sec. 125.66(2)(a), FS land Use Type Permanont residential unit Tr::msiont rosidentkll unit Fee $128.10 $107.00 SOG. 9.5 493. Fair share library impaGt fee.* *Cross reference(s)--Libraries, ch. 10. (c) Fair Share Library Fee To Be Imposed on New Residential Land Development Activity: (1) Payment of fair share fee prior to issuance of certificate of occupancy: Any person who shall receive a certificate of occupancy for any new residential land development activity that places an increased demand on the county's library facilities shall pay a fair share library fee as follows: established by resolution of the Board of County Commissioners. Any fee resolution considered by the Board pursuant to this subsection must be heard by the Board at a time certain public hearino with public notice provided in the same manner as the public notice required for the adoption of an ordinance under Sec. 125.66(2)(a), FS Land Usa Type Fcc Residenti31 unit. . . $190.00 Sec. 9.5-494. Fair share solid waste impact fee.* *Cross reference(s)--Garbage, trash and refuse, ch. 8. Page 4 of 7 In.lalW P05-04 Fee Schedule: (1) Prior to the issuance of a certificate of occupancy, all land development, except for applicants who opt to make their own independent calculation, shall pay a fair share solid waste fee, as established by the follov./ing temporary fee schedule: resolution of the Board of County Commissioners. Any fee resolution considered by the Board pursuant to this subsection must be heard by the Board at a time certain public hearinQ with public notice provided in the same manner as the public notice required for the adoption of an ordinance under Sec. 125.66(2)(a), FS Permanent residential unit, per unit Transient residential unit, per unit Marina, per berth Medical, banking and other office, per 100 square feet \Narohouse.'wholesale, per 100 squaro feet Restaurant (including fast food), per 100 square feet Supermarket/convenience store, per 100 square feet Retail under 100,000 square feet, per 100 square foet Retail over 100,00 square feet, per 100 square feet $ 65.04 $ 54.18 $ 5.80 $ 6.45 $ 12.90 $ 22.58 $ 58.05 $ 25.80 $ 32.25 This fee schedule shall be reviewed and revised by the board of county commissioners within six (6) months of the effective date of the plan based upon a study and recommendation by the director of planning. Sec. 9.5-495. Fair share police facilities impact fee. (b) Fair Share Police Facilities Fee To Be Imposed on New Residential Land Development Activity: (1) Fee: Any person who shall initiate any new land development activity generating a need for police facilities except for those applicants who prepare a police facilities impact analysis pursuant to paragraph (2) of this subsection, shall pay, prior to the issuance of a certificate of occupancy, a fair share police facilities fee as established by the following temporary fee schedule: resolution of the Board of County Commissioners. Any fee resolution considered by the Board pursuant to this subsection must be heard by the Board at a time certain public hearinQ with public notice provided in the same manner as the public notice required for the adoption of an ordinance under Sec. 125.66(2)(a), FS Permanent residential unit, per unit Tr::msient residential unit, per unit Nonresidential per 1000 square f{)er $102.38 $ 85.32 $136.50 Page 5 of 7 .omalt P05-04 This fee schedule shall be reviewed and revised by the board of county commissioners within six (6) months of the effective date of the plan based upon a study and recommendation by the director of planning. Sec. 9.5-522. Filing foes for map petitions and administrati',e appeals. Reserved. The following filing fees are hereby established pursuant to this chaptor: (a) For any proposal by a landowner or person having a contractual interest in property desiring to petition the board of county commissioners for an amendment to the land use district map. . . $250.00 (b) Any person filing an appeal from an administrative interpretation or deoision by any administrative official with respect to the provisions of this chapter and/or the comprehensive land use plan. . .250.00 (Ord. No. 22 1987, ~ 1) [Balance of this page is intentionally left blank] Page 6 of 7 In;.al~ P05-04 NOW THEREFORE, the Planning Commission of Monroe County, Florida failed to approve the motion to amendment to the Monroe County Land Development Regulation on February 25, 2004, votes being as follows: Lynn C. Mapes, Chair Denise Werling, Vice Chair Jiulio Margalli, Commissioner David C. Ritz, Commissioner James D. Cameron, Commissioner YES NO NO YES NO PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By Signed this Page 7 of 7 P05-04 ,2004. APPRO AND LE -.J Initial Development Review Committee Resolution #D03-04 Signed and Dated January 15, 2004 DEVELOPMENT REVIEW COMMITTEE RESOLUTION #003-04 AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY CREATING SEC. 9.5-21 (i) AUTHORIZING MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO ESTABLISH BY RESOLUTION, FEES TO BE CHARGED BY THE MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR LAND DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND APPEALS, DELETING SEC. 9.5 491(a) FAIR SHARE TRANSPORTATION IMPACT FEE; SEC. 9.5-492 (c) FAIR SHARE COMMUNITY PARK IMPACT FEE; SEC. 9.5-493(c) FAIR SHARE LIBRARY IMPACT FEE; SEC. 9.5-494(b) FAIR SHARE SOLID WASTE IMPACT FEE; SEC. 9.5-495(b) FAIR SHARE POLICE FACILITIES IMPACT "FEE; AND SEC. 9.5-522 FILING FEES FOR MAP PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO NOT REFLECT THE PRESENT IMPACT FEES AND FILING FEES ADOPTED BY MORE RECENT RESOLUTIONS OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS. WHEREAS, The impact fees established in Sec. 9.5 491 (a) Fair share transportation impact fee; Sec. 9.5-492 (c) Fair share community park impact fee; Sec. 9.5-493(c) Fair share library impact fee; Sec. 9.5-494(b) Fair share solid waste impact fee; and Sec. 9.5-495(b) Fair share police facilities impact fee were adopted by resolutions of the Monroe County Board of County Commissioners in 1989; and WHEREAS, these fees do not reflect the present day fees that were established by more recent 1992 and 1993 resolutions of the County Commission; and WHEREAS, at the time that the newer impact fee schedules were established, the previous fees were inadvertently not deleted; and WHEREAS, this deletion removes those older fees that are no longer applicable; and WHEREAS, Sec.9.5-522. Filing fees for map petitions and administrative appeals were adopted by ordinance of the Board of County Commissioners in 1987; and WHEREAS, These fees were revised and adopted by resolution of the Board of County Commissioners in 2003; and WHEREAS, the Sec. 9.5-522 was inadvertently not deleted; and Page 1 of 6 W:\PJanning\Working Folders\Gross-Fred\lmpact Fees\DRC Reso.doc Initial~ WHEREAS, staff finds that the proposed change is consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, staff finds that the proposed change is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the proposed text change was reviewed and APPROVED at the DRC public meeting of January 15, 2004; NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Planning Commission of the following amendments to the text of the Monroe County Land Development Regulations as requested by the Monroe County Planning Department: I Striko through text is deleted. Underlined text is new. Sec. 9.5-21. Board of County Commissioners (i) To establish, bv resolution. a schedule of fees to be charoed by the Growth Manaoement Division (GMD) to persons filinQ land development permit applications, land development approval applications, and land development order applications however stvled, and any land development order appeal however stvled. In establishino the fee amounts, the GMD Director shall present evidence to the Board of the cost incurred by the GMD in staff time. and material expended, that are usuallv required to review the particular item that is the subiect of the proposed fee. The oeneral administrative and operational overhead of the GMD may not be included in the fee amount. While mathematical exactitude is not required. no fee adopted by the Board pursuant to this subsection may be in excess of the amount reasonablv supported by the evidence submitted bv the GMD Director reoardina the staff time incurred. and material expended, usuallv reauired for the review of the particular item that is the subiect of the proposed fee. Anv fee resolution considered by the Board pursuant to this subsection must be heard bv the Board at a time certain public hearina with public notice provided in the same manner as the public notice required for the adoption of an ordinance under Sec. 125.66(2)(a). FS. At the public hearina, members of the public must be afforded an opportunity to comment on the proposed fees. The fees established shall aenerallv be nonrefundable: provided, however. the Board may approve a refund of UP to fifty (50) percent of the fee upon aood cause shown bv the applicant and a recommendation from the GMD Director that the refund will not result in GMD staff time costs or material costs alreadv expended aoina unreimbursed. Page 2 of 6 W:\Planning\Working Folders\Gross-Fred\lmpact Fees\DRC Reso.doc Initial ~ Sec. 9.5-491. Fair share transportation impact fee.* *Cross reference(s)--Motor vehicles and traffic, ch. 11; streets and highways, ch, 16, Establishment of Fee Schedule: Any person who shall initiate any new land development activity generating traffic, except those preparing a traffic impact analysis pursuant to subsection (d) of this section, shall pay, prior to the issuance of a certificate of occupancy, a fair share transportation fee as established by tRe fOllo'....ing schodule: resolution of the Board of County Commissioners. Singlo family Multifamily Mobilo home Hotel, per room Motol, per room Modicol office, por 1,000 sq.f.t Bonking, por 1,000 sq.f.t Other offico, per 1,000 sq.ft Warehouse, por 1,000 sq.f.t General industrial, per 1,000 sq.ft Retail, por 1,000 sq.ft., under 50,000 sq.ft Retail, per 1,000 sq.ft., 50,000 to 99,999 sq.ft Retail, per 1,000 sq.ft., 100,000 to 249,999 sq.ft Rot3il, per 1,000 sq.f.t., 250,000 sq.ft. 3nd O'/or Recreational, campground, por spoce Marina, por berth RV p3rk, per Sp3CO $1,610.00 $1,115.00 $ 638.00 $1,744.00 $1,741.00 $2,315.00 $3,716.00 $1,822.00 $ 568.00 $ 594.00 $1,235.00 $ 974.00 $1,874.00 $1,357.00 $1,699.00 $ 715.00 $1,732.00 Sec. 9.5-492. Fair share community park impact fee.* *Cross reference(s)--Parks and recreation generally, ch. 13.5. (c) Fair Share Park Fee To Be Imposed on New Residential Land Development Activity: Payment of fair share fee prior to issuance of certificate of occupancy: Any person who shall receive a certificate of occupancy for any new residential land development activity that places an increased demand on the county's community park facilities shall pay a fair share park fee as follows: established bv resolution of the Board of County Commissioners. land Use Type Fee Perm:ment rosidenti31 unit $128.40 Tr3nsient residential unit 107.00 Page 3 of 6 W:\Planning\Working Folders\Gross-Fred\lmpact Fees\DRC Reso.doc Initial~ Sec. 9.5 493. Fair share library impact fee.* *Cross reference(s)--Libraries, ch. 10. (c) Fair Share Library Fee To Be Imposed on New Residential Land Development Activity: (1) Payment of fair share fee prior to issuance of certificate of occupancy: Any person who shall receive a certificate of occupancy for any new residential land development activity that places an increased demand on the county's library facilities shall pay a fair share library fee as follows: established bv resolution of the Board of County Commissioners. Land Use Typo F-oa Rosidentbl unit. . . $190.00 Sec. 9.5-494. Fair share solid waste impact fee.* *Cross reference(s)--Garbage, trash and refuse, ch. 8. Fee Schedule: (1) Prior to the issuance of a certificate of occupancy, all land development, except for applicants who opt to make their own independent calculation, shall pay a fair share solid waste fee, as established by the following tempoF3ry feo schodule: resolution of the Board of County Commissioners. Perm3nent residentiol unit, per unit Transiont rosidontial unit, por unit Marin3, por borth Medic31, banking :md othor office, par 100 squaro feot W3rohouse!wholosalo, por 100 square feot Rost3urant (including f-ast food), por 100 square feet Suporm3rkotlconvenience storo, per 100 square foot Rotail undor 100,000 square foet, per 100 square foot Rotail over 100,00 squaro feot, par 100 squoro foot $65.01 51.18 25.80 6.45 12.90 22.58 58.05 25.80 32.25 This foo schedule shall be rovie'JJed 3nd revised by the board of county commissionors '#ithin six (6) months of the offucti'JO dato of the plan b3sed upon 3 study 3nd recommend3tion by tho director of planning. Sec. 9.5-495. Fair share police facilities impact fee. (b) Fair Share Police Facilities Fee To Be Imposed on New Residential Land Development Activity: Page 4 of 6 W:\Planning\Working Folders\Gross-Fred\lmpact Fees\DRC Reso.doc Initialk (1) Fee: Any person who shall initiate any new land development activity generating a need for police facilities except for those applicants who prepare a police facilities impact analysis pursuant to paragraph (2) of this subsection, shall pay, prior to the issuance of a certificate of occupancy, a fair share police facilities fee as established by tho following temporary fee schodule: resolution of the Board of County Commissioners. Porm3nent residential unit, por unit Transient residontial unit, per unit Nonresidontial, per 1000 square feot $102.38 85.32 136.50 This fee schodule shall be roviowod 3nd rovisod by the board of county commissionors within six (6) months of tho effective date of the pl:m basad upon a study and rocommondation by tho director of pbnning. Sec. 9.5-522. Filing fees for map petitions and administrati':e appeals. Reserved. The follm~.ling filing feos 3re hereby ostablishod pursuant to this chaptor: (a) For 3ny proposal by a landO\amor or person having a contr3ctuol interest in property desiring to potition tho boord of county oommissionors for an amendment to the land uso district m3p . . . $250.00 (b) Any porson filing an appeal from an administr3tivo interpretation or dooision by 3ny 3dministr3tiv8 official with respect to tho provisions of this chapter and/or tho comprehensivo land uso plan. . .250.00 (Ord. No. 22 1987, ~ 1) [balance of this page is intentionally left blank] Page 5 of 6 W:\Planning\Working Folders\Gross-Fred\lmpact Fees\DRC Reso.doc Initial ~ PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 15th day of January, 2004. Fred Gross, Director, Lower Keys Planning Team (Chair) YES Aref Joulani, Development Review and Design Senior Administrator YES Ralph Gouldy, Environmental Resources Senior Administrator YES Department of Health (by fax) YES Department of Public Works (by fax) YES Department of Engineering (by fax) YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Signed this 15th day of January, 2004 Page 6 of 6 W:\Planning\Working Folders\Gross-Fred\lmpact Fees\DRC Reso.doc Initial~