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Item T4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 18, 2012 Division: Growth Manama 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 amending Resolution #134-2011, the Planning & Environmental Resources Fee Schedule. ITEM BACKGROUND: Staff proposes to change the Planning and Environmental Resources fee schedule to: • Establish a process with no charge for property owners to apply for map amendments to the LUD maps and FLUM that would eliminate the nonconforming uses created by the County and not by the property owner; establish a fee of $250.00 to determine if property owners qualify for a fee waiver for such applications. Since the adoption of the LUD maps and FLUM, the County has discovered that several parcels with existing, lawful uses were assigned land use district and future land use categories that deemed those uses nonconforming. In these instances, the County created nonconforming uses without studying the existing uses and the impact of deeming those uses nonconforming. A remedy to existing property owners would be to allow those property owners to apply for map amendments to designations that would eliminate the nonconformities created by the County, consistent or similar to the zoning categories they had previously, without the payment of a map amendment application fee., which ranges from $4,131 to $5,531. On October 19, 2011, the BOCC directed staff to evaluate LUD map and FLUM designations created by the county that created nonconforming uses. This is anticipated to take over a year and staff is recommending that owners have the ability to request the change without full fee. • Eliminate the obsolete SB360 and HB1752 and substitute a legislative time extension fee. Legislative time extensions appear to be continuing, and eliminating the bill numbers will eliminate future amendments. • Increase the amount charged to Appellants for DOAH hearing officers to one-half of the county rate of $144.00 from $142.00 • Clarify that applicants for text amendments that impact traffic concurrency are also 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 transportation and other related studies submitted by the applicant as part of the review process. The Growth Management Division currently pays for experts to review transportation studies and other related studies prepared by the applicant during the review process. Funds for the department's review are currently reimbursed by the FDOT through grant funds. Should grant funds be rescinded, the cost incurred by the county to obtain expert opinions for transportation and other related studies during the development review process would fall upon the County. The revised fee schedule would expand the types of applications to clearly include text amendment applications that impact traffic concurrency. • Repeal any other fee schedules inconsistent herewith. PREVIOUS RELEVANT BOCC ACTION: The BOCC last amended the Planning & Environmental Resources Fee Schedule at a public hearing on April 20, 2011. The fee schedule was memorialized as Resolution #134-2011. 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 _ No AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included x Not Required DISPOSITION: AGENDA ITEM # MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I "1 *117 Rol I [i��i�ti��►�il�►a A RESOLUTION AMENDING RESOLUTION 134-2011, THE PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE; TO GENERALIZE THE TITLE OF THE FEE FOR APPLICATIONS FOR EXTENSIONS OF TIME AUTHORIZED BY STATE LEGISLATION; TO EXEMPT MAP AMENDMENT FEES FOR PROPERTY OWNERS WHO APPLY TO AMEND THEIR PROPERTIES' LAND USE DISTRICT AND/OR FUTURE LAND USE MAP DESIGNATIONS TO DESIGNATIONS THAT WOULD ELIMINATE NONCONFORMITIES TO USES THAT WERE CREATED WHEN THE PROPERTIES WERE REZONED BY THE COUNTY IN 1992 AND/OR PROVIDED A FUTURE LAND USE MAP DESIGNATION IN 1997 UNDER CERTAIN CONDITIONS; PROVIDING FOR A FEE FOR A LETTER OF UNDERSTANDING FOR MAP AMENDMENT FEE WAIVERS; 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 Planning & Environmental Resources Department Fee Schedule Page 1 of 7 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 WHEREAS, The Florida State Legislature is considering legislation which allows for extensions of time for some development orders for which the fee is currently $250.00, based on previous Senate and House bills; and WHEREAS, in 1992, a revised series of zoning maps was approved (also known as the Land Use District (LUD) maps) for all areas of the unincorporated county. These maps depicted boundary determinations carried out between 1986 and 1988, depicted parcel lines and were drawn at a more usable scale. Although signed in 1988, the LUD's did not receive final approval until 1992. The Monroe County Land Development Regulations, portions of which are adopted by Rule 28-20.021, F.A.C., and portions of which are approved by the Department of Community Affairs in Chapter 9J-14, F.A.C., were amended effective August 12, 1992. The Land Use District Map was revised to reflect the changes in this rule. The LUD maps remain the official zoning maps of Monroe County; and WHEREAS, in 1993, Monroe County adopted a set of Future Land Use Maps (FLUM) pursuant to a joint stipulated settlement agreement and Sec. 163.3184 Florida Statutes. The Ordinance #016-1993 memorialized the approval. This map series was dated 1997. The 1997 FLUM remains the official future land use maps of Monroe County; and WHEREAS, since the adoption of the LUD maps and FLUM, the County has discovered that several parcels with existing, lawful uses were assigned land use district and future land use categories that deemed those uses nonconforming. In these instances, the County created nonconformities to use without studying of the existing uses and the impact of deeming those uses nonconforming. A remedy to existing property owners would be to allow those property owners to apply for map amendments to designations that would eliminate the nonconformities created by the County and not by the property owner without the payment of a fee; and WHEREAS, the County wishes to clarify that fees will be changed to private applicants for traffic studies required or requested for not only map amendments, but for text amendments submitted by private applicants; and Planning & Environmental Resources Department Fee Schedule Page 2 of 7 WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on April 18, 2012; 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(DRI) ................................. $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 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 Planning & Environmental Resources Department Fee Schedule Page 3 of 7 Letter of Current Site Conditions..........................................$936.00 Letter of Development Rights Determination...........................$2,209.00 Letter of ROGO Exemption ................................................ $215.00 Letter of Understanding for LUD Map/FLUM Fee waiver ...........$250.00 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 cB 36GV un1 7c! Le islgi ative 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, requirements or applicability: 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 applications for variances to setback, landscaping and/or off-street parking regulations associated with an affordable housing development. Planning & Environmental Resources Department Fee Schedule Page 4 of 7 3. There shall be no application fees, except advertising and noticing fees, for property owners who apply for a map amendment to the official LUD map and/or the official FLUM, if the property owner can provide satisfactory evidence that a currently existing use on the site that also existed lawfully in 1992 was deemed nonconforming by final adoption of the LUD map and/or a currently existing use on the site that also existed lawfully on the site in 1997 was deemed nonconforming by final adoption of the FLUM. To qualify for the fee exemption, the applicant must apply for a LUD and/or FLUM designation(s) that would eliminate the non -conforming use created with adoption of the existing designation(s) and not create an adverse impact to the community. Prior to submittal of a map amendment application, the applicant must provide the evidence supporting the change and application for a fee exemption with the proposed LUD map/FLUM designations to the Monroe County Planning & Environmental Resources Department as part of an application for a Letter of Understanding. Following a review, the Director of Planning & Environmental Resources shall determine if the information and evidence is sufficient, and whether the proposed LUD may and/or FLUM designations are acceptable for the fee waiver, and approve or deny the fee exemption request. This fee waiver Letter of Understanding shall not obligate the staff to recommend approval or denial of the proposed LUD or FLUM Category_ 4. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and expenses of any hearing officer. The County is currently charged $144.00 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. 5. Base fees listed above include a minimum 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 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 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. Planning & Environmental Resources Department Fee Schedule Page 5 of 7 6. Applicants for Administrative Appeal, who prevail based on County error, as found by the Planning Commission, shall have the entire application fee refunded. 7. 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. 8. 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 or any text amendment submitted by a private applicant. 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 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. (REMAINDER OF PAGE LEFT INTENTIONALLY BLANK) Planning & Environmental Resources Department Fee Schedule Page 6 of 7 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of , 2012. Mayor David Rice Mayor Pro Tem Kim Wigington Commissioner Heather Carruthers Commissioner Sylvia Murphy Commissioner George Neugent MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK By By Deputy Clerk Mayor David Rice MONR E UNTY ATTORNEY R ED A5 TO F Date: Planning & Environmental Resources Department Fee Schedule Page 7 of 7