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Item Q2BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 15, 2011 Division: Growth Management Bulk Item: Yes _ No X Department: Planning & Environmental Resources Staff Contact Person/Phone #: Christine Hurley — 289 -2500 Joseph Haberman - 289 -2532 AGENDA ITEM WORDING: A public hearing to consider a resolution by the BOCC to approve a fee for development order extensions applied for under HB7207. ITEM BACKGROUND: HB 7207 passed in this last legislative session allows further extensions to development orders which had already received extensions under Ch. 2009 -96 and Ch. 2010 -147 Laws of Florida and for other permits expiring between January 1, 2012 through January 1, 2014. This resolution allows the same fee approved in previous years to apply to new requests received by December 31, 2011. PREVIOUS RELEVANT BOCC ACTION: June 16, 2010 — BOCC approved Resolution No.192 -2010 amending the Planning Fee Schedule to add a $250.00 for development order extensions authorized by previous legislation. CONTRACT /AGREEMENT CHANGES: n/a STAFF RECOMMENDATIONS: Approval. TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY REVENUE PRODUCING: Yes _ No APPROVED BY: County Atty x DOCUMENTATION: Included x SOURCE OF FUNDS: AMOUNT PER MONTH Year OMB/Purchasing Risk Management Not Required DISPOSITION: AGENDA ITEM # , r r r MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. -2011 A RESOLUTION AMENDING RESOLUTION 134 -2011, THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE, TO ADD A FEE FOR APPLICATIONS FOR EXTENSION OF TIME UNDER HB7207; AND TO REPEAL 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, applicants for development review should pay the cost of the review, rather than those funds coming from other sources; and WHEREAS, the Board of County Commissioners wishes to amend fees to compensate for resources expended in applications for private development approvals; and Planning & Environmental Resources Department Fee Schedule Page 1 of 5 WHEREAS, The Florida State Legislature passed HB7207 which allows for extensions of time for some development orders for which no fee is listed in the current fee schedule; and WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on June 15, 2011; 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 Special Use Permit .. ............................... $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 (Miscellaneous -per hour) ... ............................... $60.00 Boundary Determination .................... ............................... $1,201.00 Comprehensive Plan, Text Amendment ... ............................... $5,531.00 Comprehensive Plan, Future Land Use Map (FLUM) Amendment. $5,531.00 Conditional Use, Major, New / Amendment .............................. $10,014.00 Conditional Use, Minor, New / Amendment ............................ $8,484.00 Conditional Use, Minor, Transfer Development Rights (TDR) ........ $1,239.00 Conditional Use, Minor, Transfer Nonresidential Floor Area (TRE)$1,944.00 Conditional Use, Minor, Transfer ROGO Exemption (TRE)..........$1,740.00 Conditional Use, Minor/Major, Minor Deviation ...................... $1,768.00 Conditional Use, Minor/Major, Major Deviation ....................... $3,500.00 Conditional Use, Minor/Major, Time Extension ....................... $986.00 Department of Administrative Hearings (DOAH) Appeals ............ $816.00 Development Agreement .................... ............................... $12,900.00 Development of Regional Impact ( DRl) .. ............................... $28,876.00 Dock Length Variance ....................... ............................... $1,026.00 Front Yard Setback Waiver, Administrative ............................ $1,248.00 Front Yard Setback Waiver, Planning Commission .................... $1,608.00 Grant of Conservation Easement ........... ............................... $269.00 Habitat Evaluation Index (per hour) ....... ............................... $60.00 Home Occupation Special Use Permit .... ............................... $498.00 Planning & Environmental Resources Department Fee Schedule Page 2 of 5 Inclusionary Housing Exemption .......... ............................... $900.00 Land Development Code, 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 $100.00 Letter of ROGO Exemption ................. ............................... $215.00 NROGO Application ........................ ............................... $774.00 Planning Fee (Miscellaneous -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 Permit ............................ ........................$149.00 Dog in Restaurant Permit ........................... ........................$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 HB7207 Time Extension for Development Orders/Permits ........ $250.00 Special Certificate of Appropriateness ............ ........................$200.00 Tier Map Amendment —Other than IS/URM Platted Lot ............. $4,131.00 Tier Map Amendment IS/URM Platted Lot Only .................... $1,600.00 Vacation Rental Permit (Initial) .................... ........................$493.00 Vacation Rental ( Renewal) ................. ............................... $100.00 Vacation Rental Manager License ......... ............................... $106.00 Variance, Planning Commission, Signage ............................... $1,076.00 Variance, Planning Commission, Other than Signage ..................$1,608.00 Variance, Administrative .................... ............................... $1,248.00 Vested Rights Determination ............... ............................... $2,248.00 Wetlands Delineation (per hour) ........... ............................... $60.00 Growth Management applications may be subject to the following additional fees or requirements: 1. For any application that requires a public hearing(s) and/or surrounding property owner notification, advertising and/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 fees, for affordable housing projects, except that all applicable fees shall be charged for applications for all development approvals required for any development under Sec. 130 -161.1 of the Monroe County Code and for Planning & Environmental Resources Department Fee Schedule Page 3 of 5 applications for variances to setback, landscaping and/or off - street parking regulations associated with an affordable housing development. 3. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and expenses of any hearing officer. The 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. An estimated amount of one -half of the hearing officer costs as determined by the County Attorney shall be deposited by the applicant along with the application fee, and shall be returned to the applicant if unused. 4. Base fees listed above include a minim of (when applicable) two internal staff meetings with applicants; one Development Review Committee meeting, one Planning Commission public hearing; and one Board of County Commission public hearing. If this minim 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 Commissioners 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. Applicants for Administrative Appeal, who prevail based on County error, as found by the Planning Commission, shall have the entire application fee refunded. 6. Concerning the application fees to amend the tier maps, the lesser application fee of $1,600.00 is only available for applications to amend the tier designation of a single URM or IS platted lot. It may not be used to amend the designation of more than one parcel. 7. Applicants for any processes listed above that are required to provide transportation studies related to their development impacts shall be required to deposit a fee of $5,000 into an escrow account to cover the cost of experts hired by the Growth Management Division to review the transportation and other related studies submitted by the applicant as part of the development review process. Any unused funds deposited by the applicant will be returned upon permit approval. Monroe County shall obtain an estimate from the consultant they intend to hire to review the transportation study for accuracy and methodology and if the cost for the review on behalf of Monroe County is higher than the $5000, applicant shall remit the estimated amount. Any Planning & Environmental Resources Department Fee Schedule Page 4 of 5 unused funds deposited by the applicant will be returned upon permit approval. 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 , 2011. Mayor Heather Carruthers Mayor pro tem David Rice Commissioner Kim Wigington Commissioner George Neugent Commissioner Sylvia Murphy MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK Lo Deputy Clerk L-A Mayor Heather Carruthers MONRO COUN �UqTORNEY f APP ED A iS FORM Date: Planning & Environmental Resources Department Fee Schedule Pase 5 of 5