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Item O1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 15. 2009 Division: Growth Management Bulk Item: Yes No...,L Department: Staff Contact PersonlPhone #: Andrew Trivette Ext. 2517 AGENDA ITEM WORDING: Approval of a resolution of the Monroe County Board of County Commissioners amending the Planning and Environmental Resources fee schedule by changing the fee for a Beneficial Use Determination. ITEM BACKGROUND: The proposed resolution will update the fee schedule prepared by the Growth Management Director to include the estimated direct costs and reasonable indirect costs associated with the review and processing of Beneficial Use Determination applications presented to Monroe County. PREVIOUS RELEVANT BOCC ACTION: October 17, 2007 BOCC approved Resolution No. 419-2007 changing the fee schedule. March 18,2009 BOCC approved continuance of this item to the April 15, 2009 meeting. CONTRACT/AGREEMENT CHANGES: nla STAFF RECOMMENDATIONS: Approval TOTAL COST: nla INDIRECT COST: BUDGETED: Yes No COST TO COUNTY: nla SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty ....x..- OMB/Purchasing _ Risk Management DOCUMENTATION: Included ~ Not Required_ DISPOSITION: AGENDA ITEM # Revised 1/09 MEMORANDUM MONROE COUNTY GROWTH MANAGEMENT DIVISION We strive to be caring, professional andfair To: Roman Gastesi, County Administrator From: Andrew Orner Trivette, Growth Management Division Director Date: Monday, March 30, 2009 RE: Beneficial Use Application Fee Increase The intention of this memo is to provide background and detail concerning an increase to the fee structure for the filing of the application for a Beneficial Use Determination. A Beneficial Use Determination is a process by which a property owner makes claim that they have been deprived of all beneficial use for their property by Monroe County. The process of evaluating the applicant's claim is legal in nature. Historically Monroe County has retained the firm of White and Smith for the assistance of attorney Tyson Smith who pursued these applications from filling to rendering. Last year the BOCC approved a budget plan which reduced the funding of outside counsel in return for hiring an additional attorney to help reduce expenditures. Attorney Smith having completed numerous beneficial use hearings recognized deficiencies in the application and process and prepared a revised application for use by Monroe County. To date Monroe County has completed approximately 53 applications for Beneficial Use Determination and over 130 remain outstanding. A result of Attorney Smith's evaluation of our process and application is the realization that Monroe County is not adequately recouping its costs for evaluation of the application material, provision of administrative staff and attorney's fees for the service. Presently an application for Beneficial Use Determination requires an application fee of $1,300.00. Following completion of over 30 of these types of evaluations we confirm that the County has invested in each application approximately 66 hours of staff time with an average salary of $67.00 an hour. This would equate to a total County incurred cost of $4,422.00. In this scenario the County is only recouping 29% of its cost for each of these evaluated applications. I propose in the attached resolution the increase of the application fee for Beneficial Use Determination in the amount of $3,190.00, resulting in a new total fee of $4,490.00. Utilizing the new fee structure for this application and assuming a typical application rate of 23 per year we could expect approximately $73,370.00 in additional revenue. The attached Chart details the basis for the increase. Beneficial Use ..-., L :) 3 $4,490.00 $1,300.00 $3,190.00 . . , I _' - I' , : RESOLUTION NO. -2009 A RESOLUTION AMENDING THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE TO MORE ACCURATELY REPESENT CURRENT EXPENSES AND TO ADEQUATELY OFFSET THE TRUE COSTS OF PROVIDING SERVICES TO THE PARTIES RECEMNG THE BENEFITS OF SUCH SERVICES; REPEALING ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. 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 Growth Management Director has demonstrated that the existing fee schedule does not reflect the true cost of providing services to the parties requesting services from the Planning and Environmental Resources Department; 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 overall general administrative and operational overhead of the Growth Management Division is not included in the fee amounts; and, WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on April 15, 2009; and, WHEREAS, the Board of County Commissioners concurs with the recommendations of the Growth Management Director; 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 the filing of land development permit, land development approvals, land development orders, and appeal W:\GROWfH MANAGEMEN1\BOCC\GMD Agenda Items\2009 04 15\Beneficual Use Planning Fees\PLANNING FEE RESO - PROPOSED - (I).doc Page 1 of4 applications, and requests for technical services or official letters attesting to development rights recognized by the County shall be implemented: Administrative Appeals Administrative Relief Alcoholic Beverage Application Beneficial Use Biological Site Visit (per visit) Biologist Fee (misc - per hour) Boundary Determination Comprehensive Plan & LDR Amendment Comprehensive Plan Amendment Conditional Use Application, Major Conditional Use, Application, Minor Conditional Use, Minor Deviation Conditional Use, Revised Plan Review Conditional Use, Time Extension Conditional Use, Transfer of Development Rights Conditional Use, Transfer of Floor Area Conditional Use, Transfer of ROGO Exemption Development Agreement Development of Regional Impact DOAR Appeals Dock Length Variance Future Land Use Map Amendment (With Land Use Map Amendment) Future Land Use Map Amendment (Without Land Use Map Amendment) GnmtofConse~ationE~emem Habitat Evaluation Index (per hour) Home Occupation Application Inclusionary Housing Exemption Land Development Regulations Text Amendment Land Use District Map Amendment - Nonresidential Land Use District Map Amendment -Residential Letter of Current Site Conditions Letter of Development Rights Determination Letter of ROGO Exemption NROGO ApplicationS Planning Fee (misc - per hour) Parking Agreement Planning Site Visit Platting, 5 lots or less Platting, 6 lots or more 2,626.00 1,011.00 1,264.00 4,490.00 280.00 60.00 1,201.00 6,000.00 5,531.00 10,014.00 8,484.00 1,768.00 638.00 986.00 1,239.00 1,944.00 1,740.00 12,900.00 28,876.00 816.00 1,026.00 6,000.00 5,531.00 269.00 60.00 498.00 900.00 5,041.00 4,929.00 4,131.00 936.00 2209.00 215.00 774.00 50.00 1,013.00 129.00 4,017.00 4,613.00 W:\GROWTH MANAGEMEN1\BOCC\GMD Agenda ltems\2009 04 15\Beneficual Use Planning Fees\PLANNING FEE RESO - PROPOSED - (I).doc Page 2 of4 Pre-application with Letter of Understanding Pre-application with No Letter of Understanding Public Assembly Research, permits and records (per hour) Road Abandonment ROGO Application ROGO Lot/Parcel Dedication Letter Sign Variance Special Certificate of Appropriateness Vacation Rental Application Vacation Rental Manager License Fee Vacation Rental Renewal Variance, Planning Commission Variance, Planning Director Vested Rights Determination Waiver, Planning Director Wetlands Delineation (per hour) 689.00 296.00 149.00 50.00 1,533.00 748.00 236.00 1,076.00 200.00 493.00 106.00 100.00 1,608.00 1,248.00 2,248.00 1,248.00 60.00 Growth Management applications may be subject to the following additional fees or requirements: 1. Advertising and lor notice fees; $245 for newspaper advertisement and $3 per property owner notice. 2. No application or other fees for affordable housing projects. 3. Hearing fees; payment of half the cost of the hearing officer, which is $66 per hour. County is charged $132 per hour by DOAH. 4. Subject to teclmology fee of $20. 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 (I) certified copy of this Resolution to the Division of Growth Management. Section 4. This Resolution should be effective upon execution. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) W:\GROWTH MANAGEMENT\BOCC\GMD Agenda ltems\2009 04 15\Beneficual Use Planning Fees\PLANNING FEE RESO - PROPOSED - (I).doc Page 3 of4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of . 2009. Mayor George Neugent Mayor pro tem Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OFMONROECOUNT~FLOmDA BY: Mayor George Neugent (SEAL) ATTEST: DANNYL. KOLHAGE, CLERK Deputy Clerk W:\GROWTH MANAGEMEN1i.BOCC\GMD Agenda Items\2009 04 15\Beneficual Use Planning Fees\PLANNING FEE RESO - PROPOSED - (I).doc Page 4 of4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the _ day of . 2009. Mayor George Neugent Mayor pro tern Sylvia Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OFMONROECOUNTY,FLO~DA BY: Mayor George Neugent (SEAL) ArrEST: DANNY L. KOLHAGE, CLERK Deputy Clerk MONROE COUNTY ATTORNEY APPR 0 A FORM: SUSAN M. A'MSLEY AS8~ATT'ORNEV Date I... ~ ...~ q Page 4 of4