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Item S09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 16, 2009 Division: Growth Management Bulk Item: Yes - No X Department: Staff Contact PersonlPhone #:Andrew Trivette, Director Ex. 2517 AGENDA ITEM WORDING: A public hearing to consider a resolution revising the fee schedule for the Growth Management Division to clarifY hearing officer fees, and to eliminate combined fees for the following applications: Comprehensive Plan and LDR Applications, and Future Land Use Map and Land Use District Map Applications. ITEM BACKGROUND: I. This change to the fee schedule states that appellate hearing fees for the hearing officer are based on what the Division of Administrative Hearings charges, even if the current fee to the county increases in the future. Hearing officer charges increased $8.00 per hour in January 2009. 2. This change also eliminates lower combined fees for two sets of applications: (a) Simultaneous submission of Comprehensive Plan and LDR Amendment applications. Such a private application has not been made within the last three years. Comprehensive Plan amendments and the enactment of Land Development Regulations are entirely different and run consecutively. (b)Simultaneous applications for Future Land Use Map and Land Use District Map Amendments. The combined fee should not be retained for simultaneous applications for these two requests. Some of the public hearings may be on the same day; however, because of the different processes, staff has two applications, two files and two processes for these two different amendment applications. The time spent processing, tracking, preparing and holding the public hearings is separate, as are the submissions and responses to DCA. PREVIOUS RELEVANT BOCC ACTION: May 20,2009 - Resolution 153-2009 changed the Administrative Appeal fee CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: INDIRECT COST: BUDGETED: Yes _No - COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes X- No AMOUNT PER MONTH: TBD Year - APPROVED BY: County Arty ~ OMB/Purchasing X- Risk Management -1L... DOCUMENTATION: Included - Not Required_ DISPOSITION: AGENDA ITEM # RESOLUTION NO. -2009 A RESOLUTION REPEALING RESOLUTION 153-2009; AMENDING THE PLANNING AND ENVIRONMENT AL RESOURCES DEPARTMENT FEE SCHEDULE TO MORE ACCURATELY REPESENT CURRENT EXPENSES AND TO ADEQUA TEL Y OFFSET THE TRUE COSTS OF PROVIDING SERVICES TO THE PARTIES RECEIVING THE BENEFITS OF SUCH SERVICES; CLEARLY PROVIDING FOR SEPARATE APPLICA TIONS AND FEES FOR FUTURE LAND USE MAP AMENDMENTS, LAND USE DISTRICT MAP AMENDMENTS, COMPREHENSIVE PLAN AMENDMENTS AND LAND DEVELOPMENT REGULATION APPLICATIONS; CLARIFYING OTHER CHARGES; 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 heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on September 16, 2009; and, WHEREAS, the Board of County Commissioners wishes to clarify that there is no longer a joint application for future land use map amendments and land use district designation amendments; 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 PLANNING FEE RESO - PROPOSED - 09162009(5) Page I of4 technical services or official letters attesting to development rights recognized by the County shall be implemented: Administrative Appeals 1500.00 Administrative Relief 1,011.00 Alcoholic Beverage Application 1,264.00 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 & LDR L\mendment 6,000.00 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 Future Land Use Map _Amendment 6,000.00 ('Nith Land Use Map Amendment) Future Land Use Map Amendment 5,531.00 (Without Land Use Map L\mendmcnt) Grant of Conservation Easement 269.00 Habitat Evaluation Index (per hour) 60.00 Home Occupation Application 498.00 Inc1usionary 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 2209.00 Letter of ROGO Exemption 215.00 NROGO Application 774.00 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 PLANNING FEE RESO - PROPOSED - 09162009(5) Page 2 of4 Pre-application with Letter of Understanding 689.00 Pre-application with No Letter of Understanding 296.00 Public Assembly 149.00 Research, permits and records (per hour) 50.00 Road Abandonment 1,533.00 ROGO Application 748.00 ROGO LotlParcel Dedication Letter 236.00 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: l. Advertising and lor notice fees; $245 for newspaper advertisement and $3 per property owner notice. 2. No application or other fees for affordable housing projects. 3. Hearing fees; payment of half the cost of the hearing officer, which is currently -$M $70.00 per hour. County is charged $132.00 $140.00 per hour by DOAH. If the fee charged to the County is increased, the charge will change proportionately. 4. Subject to technology fee of $20. 5. 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 (l) certified copy of this Resolution to the Division of Growth Management. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) PLANNING FEE RESO - PROPOSED - 09162009(5) Page 3 of 4 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 OF MONROE COUNTY, FLORIDA BY: Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk PLANNING FEE RESO - PROPOSED - 09162009(5) Page 4 of 4