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Item U1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5/18/2005 Division: Growth Management Bulk Item: Yes No -2L Department: Planning & Environmental Resources Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: Public Hearing to consider an Ordinance to repeal Ordinance 011- 2004 due to a scrivener's error; create Section 9.5-21(i) Monroe County Code, authorizing the BOCC to adopt by resolution, fees to be charged by the Monroe County Growth Management Division for land development application, permits, approvals, appeals; and, amend Sections 9.5-491 (c), 9.5-492(c), Section 9.5-493 (c), 9.5-494(b), and 9.5-495(b), that imposed fair share impact fees for development and deleting Section 9.5-522, for filing fees. ITEM BACKGROUND: This item was heard and approved at the April 21, 2004 BOCC meeting. However, due to a scriveners' error, sections of the Code that were deleted in the ordinance reviewed by the BOCC when the ordinance was signed were inadvertently left in the document. A new ordinance has been drafted to correct the scrivener's error. PREVIOUS RELEVANT BOCC ACTION: Approval of Ordinance 011-2004 at the April 21, 2004 BOCC meeting in Key West. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approve TOT AL COST: N/ A BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No ---X AMOUNT PER MONTH_ Year DOCUMENTATION: Included APPROVED BY: County Atty--X- DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM # Revised 2/05 DEPARTMENT OF PLANNING AND ENVIRONMENTAL RESOURCES 2798 Overseas Highway Suite 400 Marathon, TIorida 33050 Voice: (305) 289-2500 FAX: (305) 289~2536 BOARD OF COUNfY COMMISSIONERS Mayor Dixie M. Spehar, District 1 Mayor Pro Tem Charles "Sonny" McCoy, District 3 George Neugent, District 2 David P. Rice, District 4 Murray E. Nelson, Dish"ict 5 April 29, 2005 To: Board of County Commission -i~ From: K. Marlene Conaway Subj cct: Text amendment deleting fees from the LDRS Background: Ordinance 11-004 granting the authority to the Board of County Commissioners to set fees by resolution for land development review, permits, approvals, appeals and impact fees was adopted by the Board of County Commissioners on April 21, 2004. The ordinance, when signed, did not contain the deletions that were approved at the meeting, therefore it could not be implemented. The ordinance before you now is the one presented in 2004 including the cross out. 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 more recent 1992 and 1993 resolutions of the County Commission. At the time that the newer impact fee schedules were established, the previous fees were inadvertently 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. These fees were revised and adopted by resolution of the Board of County Commissioners in 2003, however, the Sec. 9.5-522 was inadvertently not deleted. This amendment to change the fees by resolution of the BOCC was reviewed and approved by the DRC at its public meeting of January 15, 2004. The majority of the Planning Commission voted to not recommend the change to the LDRs, determining that the fees should remain in the LDRs and be adopted by ordinance. Staff Recommendation: The Planning Department recommends approval of the proposed repeal ofBOCC Ordinance 11- 2004 and approval of the proposed replacement ordinance. ORDINANCE NO. -2005 AN ORDINANCE REPEALING BOCC ORDINANCE 011-2004 AND AMENDING THE 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 DEVELOPl\<IENT APPLICATIONS, PERi\lITS, APPROVALS, AND APPEALS, AMENDING SECTIONS 9.5-49] (a) FAIR SHARE TRANSPORTATION IMPACT FEE; SEe. 9.5-492 (c) FAIR SHARE COMMUNITY PARK IMPACT FEE; SEC. 9.5-493(c) FAIR SHARE LIBRARY IMPACT FEE; SEe. 9.5-494(b) FAIR SHARE SOLID WASTE IMPACT FEE; SEe. 9.5-495(b) FAIR SHARE POIJCE FACILITIES IMPACT FEE; AND SEe. 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, Board of County Commissioners Ordinance 011-2004 contained scrivener's errors when signed; and \VHEREAS, to correct the scrivener's errors this ordinance shall be repealed and replaced with a new ordinance containing the content of the previous ordinance; and WHEREAS, The impact fees established in Sec. 9.5 49l(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 Page 1 of 7 J:\DOCUMENT\Comp RevLDRs\ord REPEAL 11-04 AND ADOPTrev.doc WHEREAS, Sec.9.5-522. Filing fees for map petltlOns and administrative appeals were adopted by ordinance of the Board of County Commissioners in 1987; and \VHEREAS, 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, these proposed text changes were reviewed and recommended for approval by the DRC on January 15, 2004 and the Planning Commission on February 11,2004. \VHEREAS, the Monroe County Board of County Commissioners finds that the proposed change is consistent with Section 9.5-5Il(d)(5) b. (iv) New Issues and (V) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, Monroe County Board of County Commissioners finds that the proposed change is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: I Strike through text is deleted. Underlined text is new. Section 1. Board of County Commissioners Ordinance 011-2004 is hereby repealed in it's entirety. Section 2. Create new Section 9.5-21 (i) as follows: Section 9.5-21. Board of County Commissioners (1) To establish, by resolution, a schedule of fees to be charged by the Growth Management Division (GMD) to persons filing land development permit applications, land development approval applications, and land development order applications however styled, and any land development order appeal however styled. In establishing 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 subject of the proposed fee. The overall general administrative and operational overhead of the GMD may not be included in the fee an10unL 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 regarding the staff time incurred, and material expended, usually required for the review of tbe particular item that is the subject of the proposed fee. Any fee resolution considered bv the Board Page 2 of 7 Section 3. pursuant to this subsection must be heard by the Board at a time certain public hearing 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 hearing, members of the public must be afforded an opportunity to comment on the proposed fees. The fees established shall generally be nonrefundable; provided, however. the GMD Director may approve a refund of up to fifty (50) percent of the fee upon good cause shown by the applicant and the finding that the refund will not result in GMD staff time costs or material costs already expended going unreimbursed. Amend Sec. 9.5-491 (c) as follows: 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, either an alternate fee amount based upon the preparation of traffic impact analysis pursuant to subsection (d) of this section or, a fair share transportation fee as established by the following schedule: resolution of the Board of County Commissioners. Single family Multifamily Mobile home Hotel, per room Motel, per room Medical office, per 1,000 sq.ft Bunking, per 1,000 sq.ft Other office, per 1,000 sq.ft Vlarehouse, per 1,000 sq.ft General industrial, per] ,000 sq.ft Retail, per 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 Rctai], per 1,000 sq.ft., 250,000 sq.ft. and oycr Recreational, camp5'Tound, per space Marina, per berth RV park, per space $1,610.00 1,415.00 638.00 1,744.00 1,744.00 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 Page 3 of 7 Section 4. Section 5. Section 6. Amend Section 9.5-492(c) as follows: 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 cert{ficate of occupancy: Any person who shall initiate any new residential land development activity that places an increased demand on the county's community park facilities shall pay prior to the issuance of a certificate of occupancy, either an alternate fee amount based upon the preparation of an individual assessment pursuant to paragraph (2) of this subsection,receive a certificate of occupancy for any ne'N residential land de'/elapment activity that places an increased demand an the county's community park facilities shall pay a or. a fair share park fee-as falIa'.vs: established by resolution of the Board of County Commissioners. Lond Use Type Permanent residential unit Transient residential unit Fee $128.40 107.00 Amend Section 9.5-493( c)(1) as follows: Sec. 9.5-493. Fair share library impact fee. (c) Fair Share Libraty 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 initiate any new residential land development activity that places an increased demand on the county's library facilities shall pay. prior to the issuance of a certificate of occupancy. either a fee amount based upon the preparation of an individual assessment in paragraph (2) of this subsection or. recei':e a certificate of occupancy for any net'" residential land development activity that places an increased demand on the county's library facilities shall pay a fair share library fee as follo',';s: established by resolution of the Board of County Commissioners. Land Use Type Fcc Residential unit. . . $190.00 Amend Section 9.5-494 (b)(l) as follows: Page 4 of 7 Sec. 9.5-494. Fair share solid waste impact fee. (b) Fee Schedule: (1) Any person who shall initiate any new land activity generating solid waste shall pay prior to the issuance of a certificate of occupancy, all land development, except for applicants 'Nho opt to make their o','.'n independent calculation, shall pay either a fee amount based upon the preparation of an individual assessment pursuant to subsection (c) of this section, or. a fair share solid waste fee, as established by the follO\ving temporary fee schedule: resolution of the Board of County Commissioners. Permanent residential unit, per unit Transient residential unit, per unit Marina, per berth Medical, banking and other office, per 100 square feet ....;Varehouse/wholesale, per 100 square 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 feet Retail over 100,00 square feet, per 100 square feet $65.04 54.18 25.80 6.45 12.90 22.58 58.05 25.80 32.25 This fee schedule shall be revie\ved and revised by the board of county commissioners '.vithin six (6) months of the effecti';e date of the plan based upon a study and recommendation by the director of planning. SECTION 7. Amend Section 9.5-495(b)(1) as follows: 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 '.vho prepare a police facilities impact analysis pursuant to paragraph (2) of this subsection, shall pay, prior to the issuance of a certificate of occupancy, either a fee amount based upon an individual assessment pursuant to paragraph (2) of this subsection, or, a fair share police facilities fee as established by the following temporary fee schedule: resolution of the Board of County Commissioners. Permanent residential unit, per unit Transient residential unit, per unit $102.38 85.32 Page 5 of 7 Nonresidential, per 1000 square feet 136.50 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. SECTION 8. Amend Section 9.5-522 as follows: Sec. 9.5-522. Filing fees for map petitions and administrative appeals. Reserved. The follmving filing fees are hereby established pursuar.t to this chapter: (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 mop. . . $250.00 (b) Any person filing an appeal from an administrative interpretation or decision by any administrative official ':/ith respect to the provisions of this chapter and/or the comprehensive land use plan. . . 250.00 (Ord. No. 22 1987, S 1) Section 9. If any section, subsection, 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 10. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 11. 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 12. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by [THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.] Page 6 of 7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , A.D., 2005. Mayor Dixie Spehar Mayor Pro Tern Charles "Sonny" McCoy Commissioner Murray Nelson Commissioner George Neugent Commissioner David P. Rice BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Dixie Spehar (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK n jttV Date: Page 7 of 7