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HomeMy WebLinkAboutQ. Public HearingsBOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Division: Growth Management Bulk Item: Yes _ No x Department: _Growth Management Staff Contact Person/Phone #: Christine Limbert- Barrows AGENDA ITEM WORDING: A public hearing to consider an ordinance creating section 130 -101 of the land development code allowing patrons' dogs in designated outdoor portions of public food service establishments in accordance with Florida Statute §509.233. ITEM BACKGROUND: Florida Statute §509.233 grants local governments the authority to provide an exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the Division of Hotels and Restaurants in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. §509.233 requires codification in the land development code. This ordinance was unanimously passed by the Planning Commission on July 28` 2010. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT /AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: /A INDIRECT COST: cost incurred for ads BUDGETED: Yes No COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 1/09 C UNTY O19NROE KEY WEST FLORIDA 33040 (305) 294 -4641 Suzanne A. Hutton, County Attorney ** Robert B. Shillinger, Chief Assistant County Attorney ** Pedro J. Mercado, Assistant County Attorney ** Susan M. Grimsley, Assistant County Attorney ** Natileene W. Cassel, Assistant County Attorney Cynthia L. Hall, Assistant County Attorney Christine Limbert- Barrows, Assistant County Attorney Derek V. Howard, Assistant County Attorney Lisa Granger, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS Mayor Sylvia I Murphy, District 5 Mayor Pro Tem Heather Carruthers, District 3 Kim Wigington, District 1 George Neugent, District 2 Mario Di Gennaro, District 4 Office of the County Attorney 1111 12 Street, Suite 408 Key West, FL 33040 (305) 292 -3470 — Phone (305) 292 -3516 — Fax ** Board Certified in City, County & Local Govt. Law To: Board of County Commissioners From:Christine Limbert- Barrows Assistant County Attorney Date: August 23, 2010 Re: Ordinance creating Section 130 -101: Local exemption to allow patrons' dogs in public food service establishments The Monroe County Land Development Code does not currently allow patrons' dogs in public food service establishments. Pursuant to Florida Statute §509.233, local governments are granted the authority to provide an exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the Division of Hotels and Restaurants, in order to allow patrons' dogs within certain designated outdoor portions of the public food establishments. F.S. §509.233 requires that an ordinance adopted pursuant to this section shall provide for codification within the land development code. This ordinance will allow patrons' dogs within certain designated outdoor portions of the public food service establishment. It will require participating public food service establishments to apply for and maintain a permit from the County. Most of the permitting requirements and regulations are set forth in F.S. §509.233. The ordinance requires the public food establishments to carry insurance to cover incidents related to or caused by animals and to name the County as an "additional insured ". The 2 year permit will be reviewed by the Planning Department and the fee for the permit will be set in the fee schedule, which is also approved by the Board. Any complaints received will be handled by the code enforcement department. It was unanimously passed by the Planning Commission on July 28 2010. This ordinance also went before the Development Review Committee (DRC) on July 13 2010. ORDINANCE NO.: 2010 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CREATING SECTION 130 -101 TO ALLOW DOGS IN DESIGNATED OUTDOOR AREAS OF PUBLIC FOOD ESTABLISHMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECREATARY OF STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statute §509.233 grants local governments the authority to provide an exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the Division of the Hotels and Restaurants, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments; and WHEREAS, as set forth in F.S. §509.233, in order to protect the health, safety, and general welfare of the public, the local exemption procedure shall require participating public food service establishments to apply for and receive a permit from the County before allowing patrons' dogs on their premises; and WHEREAS, the permit shall only be issued to those public food service establishments adhering to the regulations and limitations as deemed necessary by the County and as required by Florida Statutes; and WHEREAS, the purpose of this ordinance is to create an exception to the Food and Drug Administration Food Code to allow dogs in outdoor portions of restaurants while providing for guidelines that help protect the public health, safety and welfare of citizens and visitors that is consistent with Florida Statute 509.233; and WHEREAS, this ordinance was unanimously passed by the Planning Commission on July 28, 2010; NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS: Section 1 : That Section 130 -101 of the Code of Ordinances is hereby created as follows: 1 Sec. 130 -101. Local exemption to allow patrons' dogs in public food service establishments. (a) Definitions. Division means the division of hotels and restaurants of the State of Florida Department of Business and Professional Regulation. Patron means the same as guest as provided in F.S. 509.013 Public food service establishment means the same as provided in F.S. 509.013 (b) No dog shall be in a public food service establishment unless the public food service establishment has received and maintains an unexpired and valid permit pursuant to this section allowing dogs in designated outdoor areas of the establishment and in accordance with F.S. 509.233. (c) Application requirements. Public food service establishments must apply for and receive a permit from the County before patrons' dogs are allowed on the premises. The County shall establish a reasonable fee to cover the cost of processing the initial application and renewals. The application for a permit shall require such information from the applicant as is deemed reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information: (1) Name, location, mailing address and division of hotels and restaurants - issued license number of the public food service establishment. (2) Name, mailing address, and telephone contact information of the permit applicant. The name, mailing address, and telephone contact information of the owner of the public food service establishment shall be provided if the owner is not the permit applicant. (3) A diagram and description of the outdoor area which is requested to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of the other outdoor dining areas not available for patrons' dogs; any fences or other barriers; surrounding_ property lines and public rights-of-way, including sidewalks and common pathways; and such other information as is deemed necessary by the County. The diagram shall be accurate and to scale but need not be prepared by a licensed design professional. A copy of the approved diagram shall be attached to the permit. (5) A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. (6) Prior to the issuance of a permit, the applicant shall furnish the permitting official with a signed and notarized statement that the permittee shall hold harmless and indemnify the County, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. (7) Permittee shall purchase and maintain liability insurance consistent with the terms and conditions of the latest version of the Commercial General Liability Coverage Form as issued by the Insurance Services Office (ISO). The permittee must ensure that such insurance does not exclude or limit coverage for claims arising out of incidents related to or caused by animals. Such insurance shall provide limits of not less than One Million Dollars ($1,000,000.00) per occurrence. All insurance shall be from companies duly_ authorized to do business in the State of Florida and acceptable to the County. The County shall be named as an "Additional Insured" on the required insurance. All policies required under this ordinance shall provide that such policies may not be terminated or cancelled without 45 days written notice. Permittee shall send notice of termination or cancellation of insurance policies via certified mail to the licensing official. Termination or cancellation of the insurance required will result in the permit being suspended immediately and revoked as set forth in section (e) herein. (d) ReQUlations. Public food service establishments that receive a permit for a designated outdoor area pursuant to this section shall require that: (1) Employees wash their hands promptly after touching, petting, or otherwise handling any dog(s) and shall wash their hands before entering other parts of the public food service establishment from the designated outdoor area. 'Employee" or "employees" shall include, but is not limited to, the owner(s), operator(s), manager(s) or assistant manager(s) of the public food service establishment. (2) Employees are prohibited from touching, petting or otherwise handling any dog while serving or carrying food or beverages or while handling or carrying tableware. (3) Patrons in a designated outdoor area shall be advised by Upropriate signage at conspicuous locations, that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. (4) Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. Patrons shall be advised of this requirement by appropriate signage at conspicuous locations. (5) Patrons shall keep their dogs on a leash at all times and shall keep their dos under reasonable control. Patrons shall not leave their dogs unattended. (6) Employees and patrons shall not allow any part of a dog to be on chairs, tables or other furnishings. (7) Employees shall clean and sanitize all table and chair surfaces with an approved product between seating of patrons. (8) Employees shall remove all dropped food and spilled drink from the floor or ground as soon as possible but in no event less frequently than between seating of patrons at the nearest table. (9) Employees and patrons shall remove all dog waste immediately and the floor or ground shall be immediately cleaned and sanitized with an approved product. Employees shall keep a kit with the appropriate materials for this purpose near the designated outdoor area. Dog waste shall not be carried in or through indoor portions of the public food establishment. (10) Employees and patrons shall not permit dogs to be in, or to travel through, indoor or non - designated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into, or passage through, any indoor area of the food establishment. (11) A sign or signs notifying the public that the designated outdoor area is available for the use of patrons and patrons' dogs shall be posted in a conspicuous manner that places the public on notice. (12) A sign or signs informing_ patrons of these laws shall be posted on premises in a conspicuous manner and place. (13) A sign or signs informing employees of these laws shall be posted on the premises in a conspicuous manner and place. (14) Employees and patrons shall not allow any dog to be in the designated outdoor areas of the public food service establishment if the public food service establishment is in violation of any of the requirements of this section, or if they do not possess a valid permit. (15) Permits shall be readily available for inspection. (16) All dogs shall wear a current county license tag or rabies tag or the patron shall have a current license certificate or rabies certificate immediately available upon request. (e) Expiration and revocation. (1) A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit if the subsequent owner wishes to continue to allow patrons' dogs in a designated outdoor area of the public food service establishment. (2) Permits shall expire 2 year(s) from the date of issuance, unless renewed by the application of the permittee and approved by the County. (3) A permit may be revoked by the County if, the grounds for revocation has not been corrected within 30 days after notice to the permittee, the public food service establishment fails to comply with any condition of approval, fails to comply with the approved diagram, fails to maintain any required state or local license, or is found to be in violation of any provision of this section. If the ground for revocation is a failure to maintain any required state or local license or insurance as required under section (c)(7) the revocation may take effect immediately upon giving notice of revocation to the permit holder. (4) If a public food service establishment's permit is revoked, no new permit may be approved until the expiration of 90 days following the date of revocation, providing that the public food service establishment is in compliance and has paid any fines that may be imposed. (f) Complaints and reporting (1) Complaints may be made in writing to the Code Enforcement Department which shall accept, document, and respond to all complaints. The Code Enforcement Department shall timely report to the Division of Restaurants and Hotels (the Division) all complaints and the response to such complaints. 2 The County shall provide the Division with a copy of all approved applications and permits issued. (3) All applications, permits, and other related materials shall contain the Division - issued license number for the public food service establishment. (4) The patron or employee, or both, may be issued civil citations for each violation of this section. (g) Penalties Citations issued for violations of any provisions of this section shall be brought forth before the Code Enforcement Special Magistrate or in County Court pursuant to Ch 162 Florida Statutes or Chapter 8 of the Code of Ordinances for Monroe Count instance of a doe on the premises of a public food service establishment without a permit is a separate violation. Section 2: Severability If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3: Conflictive Provisions In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall apply. Section 4: Transmittal This ordinance shall be transmitted by the Planning and Environmental Resources Department to the Florida Department of Community Affairs as required by F.S. 380.05(11) and F.S. 380.0552(9). Section 5: Filing This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not become effective until a notice is issued by the Department of Community Affairs or Administration Commission approving the ordinance. Section 6: Effective Date This Ordinance shall become effective as provided by law and stated above. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 15th day of September, 2010. Mayor Sylvia Murphy Mayor Pro Tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro (SEAL) Attest: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA : Deputy Clerk LM 31 Mayor /Chairperson West's F.S.A. § 509.233 Page 1 Effective: October 1, 2009 West's Florida Statutes Annotated Currentness Title XXXIII. Regulation of Trade, Commerce, Investments, and Solicitations (Chapters 494 -560) Chanter 509 Lodging and Food Service Establishments; Membership Campgrounds (Refs & Annosl 91 Part I . Public Lodging and Public Food Service Establishments y 509.233. Public food service establishment requirements; local exemption for dogs in designated outdoor portions (1) Local exemption authorized. — Notwithstanding s. 503,032 the governing body of a local government may establish, by ordinance, a local exemption procedure to certain provisions of the Food and Drug Administration Food Code, as currently adopted by the division, in order to allow patrons' dogs within certain designated outdoor portions of public food service establishments. (2) Local discretion; codification.— (a) The adoption of the local exemption procedure shall be at the sole discretion of the governing body of a partici- pating local government. Nothing in this section shall be construed to require or compel a local governing body to adopt an ordinance pursuant to this section. (b) Any ordinance adopted pursuant to this section shall provide for codification within the land development code of a participating local government. (3) Limitations on exemption; permit requirements. — (a) Any local exemption procedure adopted pursuant to this section shall only provide a variance to those portions of the currently adopted Food and Drug Administration Food Code in order to allow patrons' dogs within certain des- ignated outdoor portions of public food service establishments. (b) In order to protect the health, safety, and general welfare of the public, the local exemption procedure shall re- quire participating public food service establishments to apply for and receive a permit from the governing body of the local government before allowing patrons' dogs on their premises. The local government shall require from the applicant such information as the local government deems reasonably necessary to enforce the provisions of this section, but shall require, at a minimum, the following information: 1. The name, location, and mailing address of the public food service establishment. 2. The name, mailing address, and telephone contact information of the permit applicant. 3. A diagram and description of the outdoor area to be designated as available to patrons' dogs, including dimensions of the designated area; a depiction of the number and placement of tables, chairs, and restaurant equipment, if any; the entryways and exits to the designated outdoor area; the boundaries of the designated area and of other areas of outdoor dining not available for patrons' dogs; any fences or other barriers; surrounding property lines and public rights -of -way, including sidewalks and common pathways; and such other information reasonably required by the © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. West's F.S.A. § 509.233 Page 2 permitting authority. The diagram or plan shall be accurate and to scale but need not be prepared by a licensed de- sign professional. 4. A description of the days of the week and hours of operation that patrons' dogs will be permitted in the designated outdoor area. (c) In order to protect the health, safety, and general welfare of the public, the local exemption ordinance shall in- clude such regulations and limitations as deemed necessary by the participating local government and shall include, but not be limited to, the following requirements: 1. All public food service establishment employees shall wash their hands promptly after touching, petting, or oth- erwise handling dogs. Employees shall be prohibited from touching, petting, or otherwise handling dogs while serv- ing food or beverages or handling tableware or before entering other parts of the public food service establishment. 2. Patrons in a designated outdoor area shall be advised that they should wash their hands before eating. Waterless hand sanitizer shall be provided at all tables in the designated outdoor area. 3. Employees and patrons shall be instructed that they shall not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations. 4. Patrons shall keep their dogs on a leash at all times and shall keep their dogs under reasonable control. 5. Dogs shall not be allowed on chairs, tables, or other furnishings. 6. All table and chair surfaces shall be cleaned and sanitized with an approved product between searing of patrons. Spilled food and drink shall be removed from the floor or ground between searing of patrons. 7. Accidents involving dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area. 8. A sign or signs reminding employees of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 9. A sign or signs reminding patrons of the applicable rules shall be posted on premises in a manner and place as determined by the local permitting authority. 10. A sign or signs shall be posted in a manner and place as determined by the local permitting authority that places the public on notice that the designated outdoor area is available for the use of patrons and patrons' dogs. 11. Dogs shall not be permitted to travel through indoor or nondesignated outdoor portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food service establishment must not require entrance into or passage through any indoor area of the food establishment. (d) A permit issued pursuant to this section shall not be transferred to a subsequent owner upon the sale of a public food service establishment but shall expire automatically upon the sale of the establishment. The subsequent owner shall be required to reapply for a permit pursuant to this section if the subsequent owner wishes to continue to ac- commodate patrons' dogs. (4) Powers; enforcement. — Participating local governments shall have such powers as are reasonably necessary to 0 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. West's F.S.A. § 509.233 regulate and enforce the provisions of this section. Page 3 (5) State and local cooperation. —The division shall provide reasonable assistance to participating local govern- ments in the development of enforcement procedures and regulations, and participating local governments shall monitor permitholders for compliance in cooperation with the division. At a minimum, participating local govern- ments shall establish a procedure to accept, document, and respond to complaints and to timely report to the division all such complaints and the participating local governments' enforcement responses to such complaints. A participat- ing local government shall provide the division with a copy of all approved applications and permits issued, and the participating local government shall require that all applications, permits, and other related materials contain the appropriate division- issued license number for each public food service establishment. CREDIT(S) Added by Laws 2006. c. 2006 -72, 3. eff July l , 2006 Amended by Laws 2007, c. 2007 --5 127 eff, July 3 e 2007 Laws 2009,c. 2009-195_& 46, eff: Oct. 1, 2009 RESEARCH REFERENCES Encyclopedias Preemption Authority of State -- Exemption for Patrons' Dogs, Fl, Jur. 2d Hotels Motels, & Mesta ants _ 18 . West's F. S. A. § 509.233, FL ST § 509.233 Current with chapters in effect from the 2010 Second Regular Session of the Twenty-First Legislature through May 27, 2010 (C) 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. END OF DOCUMENT © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15, 2010 Bulk Item: Yes No X Division: Growth Management Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley 289 -2517 AGENDA ITEM WORDING: A Public Hearing to consider a resolution revising the fee schedule for the Planning and Environmental Resources Department to include the number of internal staff meetings and the number of public hearings included in base fees and adding additional fees after included meetings and hearings are exceeded; clarifying that applicants are required to pay half of any hearing officer travel and expenses, and adding a fee for applications to allow dogs in restaurants. ITEM BACKGROUND: At recent public hearings held for proposed project applications, the BOCC discussed the amount of time and resources staff spent on complex projects and asked that staff address this in the fee schedule. The proposed resolution will also clarify that applicants are required to pay for one half of travel and expenses for a hearing officer and adds a fee for applications to allow dogs in restaurants. PREVIOUS RELEVANT BOCC ACTION: 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: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes X No AMOUNT PER MONTH TBD Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: DISPOSITION: Included x Not Required AGENDA ITEM # Revised 3/2010 RESOLUTION NO. -2010 A RESOLUTION AMENDING THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE TO INCLUDE THE NUMBER OF INTERNAL STAFF MEETINGS AND THE NUMBER OF PUBLIC HEARINGS INCLUDED IN BASE FEES AND ADDING ADDITIONAL FEES AFTER INCLUDED MEETINGS AND HEARINGS ARE EXCEEDED; CLARIFYING THAT APPLICANTS ARE REQUIRED TO PAY HALF OF ANY HEARING OFFICER TRAVEL AND EXPENSES; ADDING A DOGS IN RESTAURANT PERMIT FEE; 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 heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on September 15, 2010; and 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 PLANNING FEE RESO - PROPOSED - 08 18 2010 Page 1 of 4 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 1500.00 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 Future Land 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 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 Pre - application with Letter of Understanding 689.00 Pre - application with No Letter of Understanding 296.00 Public Assembly 149.00 PLANNING FEE RESO - PROPOSED - 08 18 2010 Page 2 of 4 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 SB 360 /SB 1752 Additional 2 Year Extension for Development 60.00 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. Advertising and /or 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: 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 of Administrative Hearings (DOAH). If the fee charged to the County is increased, the charge will change proportionately. 4. Base fees lis ted 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 meetings/hearings is exceeded, the 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. PLANNING FEE RESO - PROPOSED - 08 18 2010 Page 3 of 4 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 15th day of September, 2010. Mayor Sylvia Murphy Mayor pro tem Heather Carruthers Commissioner Kim Wigington Commissioner George Neugent Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor Sylvia Murphy (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk MOLAR E COOUN TY ATTORNEY PP OVEDAS O FOR Date: PLANNING FEE RESO - PROPOSED - 08 18 2010 Page 4 of 4