Item S2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 17, 2010 Division: Growth Managemant
Bulk Item: Yes _ No x Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Susan Grimsley
305 289-2500
AGENDA ITEM WORDING: A public hearing to consider a resolution by the Monroe County
Board of County Commissioners amending the Planning and Environmental Resources Department fee
schedule to clarify that certain affordable housing project fee exemptions are not applicable to
development pursuant to Section 130-161.1 of the Land Development Code and that all affordable
housing development is subject to advertising and notice fees.
ITEM BACKGROUND: In past planning fee resolutions the Board has exempted affordable housing
from any Planning Department application fees. Monroe County Code Section 130-161.1 provides for
a transfer of market rate ROGO exemptions from mobile home parks if affordable housing is preserved
or constructed on the mobile home park site. This provides for a combination of affordable housing
and market rate development and is not solely for the provision of new affordable housing. The Board
had discussion on fee exemptions for the development approvals required under this section at its
October 20, 2010 meeting and directed staff to remove the exemptions.
PREVIOUS RELEVANT BOCC ACTION:
October 20, 2010 — Board discussion and direction to staff to remove fee exemption under Section
130-161.1.
September 15, 2010 — Resolution 295-2010 added a fee for permitting of dogs in restaurants and added
fees after included meetings and hearings are exceeded in reviewing complex projects.
June 16, 2010 — Resolution 192-2010 added a fee for Senate Bill 1752 extensions.
April 21, 2010 — Resolution 123-2010 added a ROGO and NROGO Appeal Fee.
September 16, 2009 — Resolution 294-2009 changed the fee for Future Land Use Map Amendments,
Land Use District Map Amendments, Comprehensive Plan Amendments and Land Development
Regulation Applications.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: n/a INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
BUDGETED: Yes No
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required
DISPOSITION: AGENDA ITEM #,
A RESOLUTION AMENDING THE PLANNING &
ENVIRONMENTAL RESOURCES DEPARTMENT FEE
SCHEDULE TO CLARIFY AFFORDABLE HOUSING PROJECT
DEVELOPMENT FEE EXEMPTIONS ARE NOT APPLICABLE
TO ANY DEVELOPMENT PURSUANT TO SECTION 130-161.19
AND THAT ALL AFFORDABLE HOUSING DEVELOPMENT IS
SUBJECT TO ADVERTISING AND NOTICE FEES;
REPEALING 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
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, the Board has exempted the development of affordable housing
from Planning Department application fees in past fee resolutions; and
WHEREAS, Monroe County Code Section 130-161.1 provides for a transfer of
market rate ROGO exemptions from mobile home parks if affordable housing is
preserved or constructed on the mobile home park site which is a combination of
affordable housing and market rate development and is not solely for the provision of
new affordable housing for which the fee exemption was intended; and
WHEREAS, the Board heard testimony and evidence presented as to the
appropriate fee schedule during a public hearing on November 17, 2010; and
Planning Fee Proposed November 17, 2010
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WHEREAS, the Board of County Commissioners wishes to amend fees to
compensate for resources expended in applications for private development approvals;
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 Application
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 (misc — per hour)
60.00
Boundary Determination
1,201.00
Comprehensive Plan Amendment
5,531.00
Conditional Use Application, Major
10,014.00
Conditional Use, Application, Minor
8,484.00
Conditional Use, Minor Deviation
1,768.00
Conditional Use, Revised Plan Review
638.00
Conditional Use, Time Extension
986.00
Conditional Use, Transfer of Development Rights
1,239.00
Conditional Use, Transfer of Floor Area
1,944.00
Conditional Use, Transfer of ROGO Exemption
1,740.00
Development Agreement
12,900.00
Development of Regional Impact
28,876.00
DOAH Appeals
816.00
Dock Length Variance
1,026.00
FutureLand Use Map Amendment
5,531.00
Grant of Conservation Easement
269.00
Habitat Evaluation Index (per hour)
60.00
Home Occupation Application
498.00
Inclusionary Housing Exemption
900.00
Land Development Regulations 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
774.00
Planning Fee Proposed November 17, 2010
2 of 4
Planning Fee (misc - 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
149.00
Dog in Restaurant Permit Application Fee
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
SB360/SB 1752 Additional 2 Year Extension for Development
Orders/Permits
250.00
Sign Variance
1,076.00
Special Certificate of Appropriateness
200.00
Vacation Rental Application
493.00
Vacation Rental Manager License Fee
106.00
Vacation Rental Renewal
100.00
Variance, Planning Commission
1,608.00
Variance, Planning Director
1,248.00
Vested Rights Determination
2,248.00
Waiver, Planning Director
1,248.00
Wetlands Delineation (per hour)
60.00
Growth Management applications may be subject to the following additional
fees or requirements:
1. Advertisingand /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
fem for affordable housing projects, except that all agplicable fees shall be
charred for all develomnent avorovals required for anv develornnent under
Sec. 130-161.1 of the Monroe Cgma Code.
3. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and
expenses of any hearing officer. County is currently charged $142.00 per hour
by Department ofAdministrative Hearings (DOAH). If the fee charged to the
County is increased, the charge will change proportionately.
4. Base fees listed above include a minimum of (when applicable) two internal staff
meetings with applicants; one Development Review Committee public hearing;
one Planning Commission public hearing; and one Board of County Commission
public hearing. If this minimum number of meed /hearings is exceeded, the
Planing Fee Proposed November 17, 2010
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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 Commission 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.
5. Subject to technology fee of $20.
6. Applicants for Administrative Appeal who prevail based on County error, as
found by the Planning Commission, shall have the entire application fee
refunded.
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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at
a regular meeting held on the day of .2010.
Mayor
Mayor pro tem
Commissioner
Commissioner
Commissioner
BOARD OF COUNTYCOMMISSIONERS
OF MONROE COUNTY, FLORIDA
M Vi
Mayor
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Planning Fee Proposed November 17, 2010
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MONROE LOUNTY ATTORNEY
APP OVED AS TO FORM:
4N M. GRIM EY
ASSISTANT COUNTY ATTORNEY
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