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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
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George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: Q.3
Agenda Item Summary #4828
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider a resolution by the BOCC to amend
Resolution No. 152 -2016, the Planning & Environmental Resources Fee Schedule, to establish fees
for any and all outside contractors, agents or consultants used by Monroe County in reviewing
development applications; and to repeal any other fee schedules inconsistent herewith.
ITEM BACKGROUND:
The Planning & Environmental Resources Fee Schedule was amended in 2016 to provide fees for
additional requirements for development applications following the adoption of the new 2030
Comprehensive Plan and the new Land Development Code. The Fee Schedule is amended from time
to time in order to address both necessary changes, such as Code amendments, as well as changes to
ensure various costs incurred throughout the review process by the County are borne by the
applicant.
Staff is proposing to add a review fee for any development applications or any map or text
amendment applications submitted by a private applicant that requires third -party review to: (1)
review submitted studies and reports by a private applicant, and (2) to complete studies and reports
required to be conducted by the County pursuant to Florida Statutes or federal regulation, as part of
the development review process or any map or text amendment submitted by a private applicant.
PREVIOUS RELEVANT BOCC ACTION:
BOCC adopted Resolution 152 -2016 for the Planning & Environmental Resources Fee Schedule at a
public hearing on August 17, 2016.
BOCC adopted Resolution # 118 -2015 for the Planning & Environmental Resources Fee Schedule at
a public hearing on April 15, 2015.
BOCC adopted Resolution # 183 -2013 for the Planning & Environmental Resources Fee Schedule at
a public hearing on June 19, 2013.
BOCC adopted Resolution 4 158 -2013 for the Planning & Environmental Resources Fee Schedule at
a public hearing on May 15, 2013.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Res o Planning_Fee_Schedule
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Emily Schemper
Completed
Steve Williams
Completed
Maureen Proffitt
Completed
Assistant County Administrator Christine
Hurley
10/03/2018 12:16 AM
Budget and Finance
Completed
Maria Slavik
Skipped
Kathy Peters
Completed
Board of County Commissioners
Pending
10/02/2018 4:19 PM
10/02/2018 4:27 PM
10/02/2018 4:40 PM
Skipped
10/03/2018 8:09 AM
10/03/2018 8:27 AM
10/03/2018 10:33 AM
10/17/2018 9:00 AM
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S MONROE COUNTY, FLORIDA
N OE COUNTY BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. -2018
11
12
13 A RESOLUTION AMENDING RESOLUTION 152- 2016, THE
14 PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE
15 SCHEDULE TOO ESTABLISH FEES FOR ANY AND ALL OUTSIDE
16 CONTRACTORS, AGENTS OR CONSULTANTS USED BY MONROE
17 COUNTY IN REVIEVVING DEVELOPMENT APPLICATIONS, AND
18 TO REPEAL ANY OTHER FEE SCHEDULES INCONSISTENT
19 HEREWITH.
20
21 WHEREA the Monroe County Board of County Commissioners wishes to provide the
22 citizens of the County with the best possible service in the most cost effective and reasonable
23 manner; and
24
25 WHEREA the Board finds that it would be in the best interests of the general public. to
26 charge the true cost for such services, thereby placing the burden of such costs directly up those
27 parties deriving the benefit from such services; and
28
29 WHEREA the updated fee schedule prepared by the Senior Director of Planning &
30 Environmental Resources for providing these services includes the estimated direct costs and
31 reasonable indirect costs associated with the review and processing of planning and development
32 approval applications and site plans, on -site biological reviews, appeals, preparation of official
33 documentation verifying existing development rights and other processes and services; and
34
35 WHEREAS, the Board has discussed the need to adjust the fee schedule to compensate
36 the county for resources needed in excess of the fee estimates included in the base fees; and
37
38 WHEREA applicants for development review should pay the cost of the review, rather
39 than those funds coming from other sources; and
40
41 WHEREA the Board heard testimony and evidence presented as to the appropriate fee
42 schedule during a public hearing on October 17, 2018;
43
44 NOW THEREFORE, E IT RESOLVED BY THE BOARD OF COUNTY
45 COMMISSIONERS OF MONR COUNTY FLORIDA:
46
Reso. No. -2018 Page I of
Additions are shown in underline Deletions are shown inrill
1.
2 Section -1. Pursuant to Section 102- 19(g), the following schedule of fees to be charged by the
3 Planning and Environmental Resources Department to persons filing text amendments, neap
4 amendments, land development permit applications, land development approval applications, and
5 land development order applications however styled, and any land development order appeal
6 however styled. The fees established shall generally be nonrefundable; provided, however, the
7 Planning Director may approve a refund of up to 50 percent of the fee upon good cause shown by
8 the applicant and the finding that the refund will not result in Department staff time costs or
9 material costs already expended going un.reimbursed.
10
Application
Fee
Administrative Appeals
$1,500.00
Administrative Relief
$1,010.00
Alcoholic Leverage Special Use Permit
$1,260.00
Appeal ROGO or NROGO to BOCC
$820.00
Beneficial Use
$4,490.00
Biological Site Visit (per visit)
$280,00
Biologist Fee (Miscellaneous-per hour)
$60.00
Boundary Determination
$1,200.00
Comprehensive Plan,
Text Amendment
(plus $8 50.00 for 2nd BOCC hearing)
$6,470,00
Comprehensive Plan,
Future Land Use Map (FLUM) Amendment
(plus $850.00 for 2nd BOCC hearing)
$6,090.00
Conditional Use, Major, New /Amendment
$11,400.00
Conditional Use, Minor, New /Amendment
$8,480.00
Conditional Use, Minor,
Transfer Development Rights (TDR)
$1,240,00
Conditional Use, Minor,
Transfer Nonresidential Floor Area (TRE)
$1,940,00
Conditional Use, Minor,
Transfer ROGO Exemption (TRE)
$1,740.00
Conditional Use, Minor /Major, Minor Deviation
$1,770.00
Conditional Use, Minor/Major, Major Deviation
$3,500.00
Conditional Use, Minor /Major, Time Extension
$990.00
Department of Administrative Hearings (DOAH) Appeals
$820.00
Development Agreement / 380 Agreement
$13,460.00
Development of Regional Impact (DRI)
$28,880.00
Dock Length Special Exception
$1,030.00
Front Yard Setback Waiver, Administrative
$1,250.00
Grant of Conservation Easement
$270.00
Historic Special Certificate of Appropriateness
$200.00
Home Occupation. Special Use Permit
$500.00
Reso. No. -2018 Page 2 of
IncIusionary Housing Exemption
$1,110.00
Inclusionary Housing Alternative Compliance
$1,110.00
Land Development Code,
Text Amendment
$5,950.00
Land Use District Map,
Map Amendment
$5,570.00
Letter of Current Site Conditions
$940.00 _
Letter of Development Rights Determination
$2,210.00
Letter of ROGO Exemption
$220.00
Map designation verification
$60.00
NROGO Application - up to 10,000 SF
$920.00_
NROGO Application - 10,001- 50,000 SF
$1,260.00
NROGO Application - 50,001 SF or greater
$1,540.00
Planning Fee (Miscellaneous-per hour)
$50.00
Parking Agreement
$1,010.00
Planning Site Visit
$130.00
Platting, lot line adjustment
$930.00
Platting, 5 lots or less
$4,020.00
Platting, 6 lots or more
$4,610.00
Pre - application with No Letter of Understanding
$300.00
Pre - application with Letter of Understanding (vacant property)
$890.00
Pre - application with Letter of Understanding (developed
property)
$1,450.00
Pre - application with Letter of Understanding only identifying the
status of a nonconforming use
$250.00
Pre - application with Letter of Understanding for new antenna-
supporting structure
$670.00
Prelimi Endangered Species Im pact Assessment (SAG)
$140.00
Public Assembly Permit
$150.00 -
Dog in Restaurant Permit
$1.50.00
Request for Records: Research, development approvals /permits
and records (per hour)
$50.00
Right -of -Way Abandonment
$1,890.00
ROGO Application
$850.00
ROGO Land Dedication Letter
$240.00
Legislative Time Extension forDevelopment Orders / Permits
$250.00
Special Approval for Shoreline Setback deviations (3 or fewer
dwelling units, Sec. 118- 12(o)(2))
$1,150.00
0
Tem Diary Construction Staging Areas
$530,00
Temporary Non- emergency Housing (site security for capital
improvement projects)
$560.00
Tier Map Amendment (Zoning Overlay) -
Other than IS /URM Platted Lot
$4,670.00
Reso. No. -2018 Page 3 of
Tier Map Amendment (Zoning Overlay) —
IS /URM flatted Lot Only
1,970.00
Vacation Rental Exemption
(pursuant to Sec. 134 -1(b))
1 SO'00
Vacation Rental Permit (Initial)
$490.00
Vacation Rental (Renewal)
$100.00
Vacation Rental Manager License
$110.00
Variance, Planning Commission, Sinage
$1,080.00
Variance, Planning Commission, Other than Signage
$1.,610.00
Variance, Administrative
$1,250.00
Vested Rights Determination
$2,250.00
Planning and Environmental Resources Department applications may be subject to the following
additional fees or requirements:
1. For any application that rewires a public hearing(s) and /or surrounding property owner
notification, advertising and /or notice fees; $245.00 for newspaper advertisement and
$3.00 per property owner notice..
2. Affordable Housing: 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. 139 -2 of the Monroe County Cade and for applications for variances to setback,
landscaping and /or off - street parking regulations associated with an affordable housing
development.
3, There shall be no application or other 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,
lawfully existing use on the site, also existed lawfully in 1.992 and was deemed
nonconforming by final adoption of the LUD map andlor a currently, lawfully existing use
on the site, also existed lawfully on the site in 1997 and 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. Fallowing a
review, the Director of Planning & Environmental Resources shall determine if the
information and evidence is sufficient, and whether the proposed LUD map 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.
eso. No. -2018 Page 4 of
1 4. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and expenses of any
2 hearing officer. The County is currently charged $142.00 per hoar by Department of
3 Administrative Hearings (DOAH). If the fee charged to the County is increased, the charge
4 will change proportionately. An estimated amount of one -half of the hearing officer costs
5 as determined by the County Attorney shall be deposited by the applicant along with the
6 application fee, and shall be returned to the applicant if unused.
7
8 5. Base fees listed above include a minimum of (when applicable) two (2) internal staff
9 meetings with applicants; one (1) Development Review Committee meeting, one (1)
10 Planning Commission public hearing; and one (1) Board of County Commission public
11 hearing. If this minimum number of meeting slearings is exceeded, the following fees shall
12 be charged and paid prior to the private development application proceeding through public
13 hearings:
14
15 a. Additional internal staff meeting with applicant ............. ..........$500.00
16 b. Additional Development Review Committee public hearing ......$600.00
17 c. Additional Planning Commission public hearing . .......................$700.00
18 d. Additional Board of County Commissioners public hearing .......$8501.00
19
20 The Planning Director or designee shall assure these additional fees are paid prior to
21 hearing scheduling. These fees apply to all applications filed after September 15, 2010.
22
23 6. Applicants for Administrative Appeal, who prevail after all appeals have been decided or
24 where the appeal period(s) has expired, shall have the Administrative Appeal application
25 fee refunded. A full refund does not require approval by the Board of County
26 Commissioners; however, if the appellant only prevails on a portion of their appeal, the
27 Board of County Commissioners shall determine the amount of the refund.
28
29 7. Concerning the application fees to amend the tier raps, the lesser application fee of
30 $1,970.00 is only available for applications to amend the tier designation of a single [JRM
31 or IS platted lot. It may not be used to amend the tier designation of more than one lot.
32
33 8. Applicants for any processes listed above, and reviews and waivers pursuant to Article 1I1.
34 Parking and Loading, that are required to provide transportation studies related to their
35 development impacts shall be required to deposit a fee of $5,000 into an escrow account to
36 cover the cost of experts hired by the Planning and Environmental Resources Department
37 to review the transportation, parking and other related studies submitted by the applicant
38 as part of the development review process or any map or text amendment submitted by a
39 private applicant. Any unused funds deposited by the applicant will be returned upon
40 permit or amendment approval. Monroe County shall obtain an estimate from the
41 consultant they intend to hire to review the transportation, parking and other related studies
42 for accuracy and methodology and if the cost for the review on behalf of Monroe County
43 is higher- than the $5000 applicant shall remit the estimated amount. Any unused funds
44 deposited by the applicant will be returned upon permit approval.
45
Reso. No. - 2018 Page 5 of
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. Applicants for any processes listed above that may, reguire technical review or study by
a third -party shall bear the cost of such review. At the request of the Senior Director of
Planning and Environmental Resources, Applicants shall be required to deposit a fee of
$5,000 into an escrow account to cover the cost of experts hired by the Plannin and
Environmental Resources Department to review related studies and reports submitted by
the applicant, or conduct studies and reports required to be conducted by the County
pursuant to Florida Statutes or federal regulation, as part of the development review process
or any neap or text amendment submitted by a private applicant. Any unused funds
deposited by the applicant will be returned upon permit or amendment approval. Monroe
County shall obtain an estimate from the consultant the) intend to hire to review and/or
conduct the required studies 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 Clergy of the Board is hereby directed to forward one (1) certified copy of this
Resolution to the Planning and Environmental Resources Department.
P ASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of the Board held on the day of , 2018,
Mayor David Rice, District 4
Mayor Pro 'Tern Sylvia T. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
F MM"na leggym1iI11m1� i
Deputy Clerk.
M.
Mayor David Rice
(SEAL)
ATTO
Reso. No. -2018
Page 6 of 6