Item U2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 21. 2004
Division: Growth Management
Bulk Item:
No -1L
Department: Planning & Env. Resources
AGENDA ITEM WORDING: A public hearing to adopt an ordinance creating Section 9.5-21(i), Monroe County
Code, authorizing the Board of County Commissioners to adopt by resolution, fees to be charged by the Monroe
County Growth Management Division for land development applications, permits, approvals, appeals, and deleting
Sections 9.5-491(A), 9.5-492(c), 9.5-493(c), 9.5-494(b), 9.5 1-495(b), that imposed fair share impact fees for
development and Section 9.5-522, for filing fees. [One public hearing only required.]
ITEM BACKGROUND: Impact fees were established by resolution beginning in 1989 with changes in 1992 &
1993. At the time the newer impact fee schedules were established, the previous fees, adopted by Ordinance, in the
LDR's were not deleted. This amendment removes those older fees that are no longer applicable. Filing fees for
Map Amendments and Appeals were included in the original adoption of the LDR's, they no longer reflect the cost.
The Planning Commission after three public hearings, voted three to two, to not recommend the proposed
amendment to the BOCC and continue to request the fees be set through Ordinance with Planning Commission and
DCA review.
PREVIOUS RELEVANT BOCC ACTION: Impact fees were established by resolution in 1989, with changes in
1992 & 1993; filing fees were first adopted by resolution in 1992 and amended in 2003.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No N/A
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH
Year
APPROVED BY: County Atty X
Risk Management N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow_
DISPOSITION:
AGENDA ITEM # U ex.
If r(!~
KMC
Planning Director
AMENDMENT TO THE MONROE
COUNTY LAND DEVELOPMENT
REGULATIONS
Board of County Commissioners
Meeting - Key West
April 21, 2004
PROPOSED AMENDMENT TO MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
AN ORDINANCE AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT
REGULATIONS BY CREATING SEC. 9.5-21 (i) AUTHORIZING MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS TO ESTABLISH BY RESOLUTION, FEES TO BE
CHARGED BY THE MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR LAND
DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND APPEALS, DELETING
SEC. 9.5 491(a) FAIR SHARE TRANSPORTATION IMPACT FEE; SEC. 9.5-492 (c) FAIR
SHARE COMMUNITY PARK IMPACT FEE; SEC. 9.5-493(c) FAIR SHARE LIBRARY
IMPACT FEE; SEC. 9.5-494(b) FAIR SHARE SOLID WASTE IMPACT FEE; SEC. 9.5-
495(b) FAIR SHARE POLICE FACILITIES IMPACT FEE; AND SEC. 9.5-522 FILING FEES
FOR MAP PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO NOT REFLECT THE
PRESENT IMPACT FEES AND FILING FEES ADOPTED BY MORE RECENT
RESOLUTIONS OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Land Development Regulations Text Amendment
Staff Approval January 15,2004 Staff
Report
DRC Approval January 15, 2004 Resolution
#D04-04
PC Approval March 24, 2004 Resolution
#P04-04
Board of County
Commissioners Ordinance
ORDINANCE NO. -2004
AN ORDINANCE AMENDMENT TO MONROE COUNTY LAND
DEVELOPMENT REGULATIONS BY CREATING SEC. 9.5-21 (i)
AUTHORIZING MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
TO ESTABLISH BY RESOlUTION, FEES TO BE CHARGED BY THE
MONROE COUNTY GROWTH MANAGEMENT DIVISION FOR LAND
DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND APPEALS,
DELETING SEC. 9.5 49iCa) FAIR SHARE TRANSPORTATION IMPACT FEE;
SEC. 9.5....92 (e) FAIR SHARE COMMUNITY PARK IMPACT FEE; SEC. 9.5-
493Cc) FAIR SHARE LIBRARY IMPACT FEE; SEC. 9.5-494{b) FAIR SHARE
SOLID WASTE IMPACT FEE; SEC. 9.5-495(b) FAIR SHARE POLICE
FACILITIES IMPACT FEE; AND SEC. 9.5-522 FILING FEES FOR MAP
PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO NOT REFLECT
THE PRESENT IMPACT FEES AND FILING FEES ADOPTED BY MORE
RECENT RESOLUTIONS OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The impact fees established in Sec. 9.5 491(a) Fair share
transportation impact fee; Sec. 9.5-492 (c) Fair share community park impact fee;
Sec. 9.5-493(c) Fair share library impact fee; Sec. 9.5-494(b) Fair share solid
waste impact fee; and Sec. 9.5-495(b) Fair share police facilities impact fee were
adopted by resolutions of the Monroe County Board of County Commissioners in
1989; and
WHEREAS, these fees do not reflect the present day fees that were
established by more recent 1992 and 1993 resolutions of the County
Commission; and
WHEREAS, at the time that the newer impact fee schedules were
established. the previous fees were inadvertently not deleted; and
WHEREAS, this deletion removes those older fees that are no longer
applicable; and
WHEREAS, Sec.9.5-522. Filing fees for map petitions and administrative
appeals were adopted by ordinance of the Board of County Commissioners in
1987; and
WHEREAS, These fees were revised and adopted by resolution of the
Board of County Commissioners in 2003; and
WHEREAS, the Sec. 9.5-522 was inadvertenUy not deleted; and
WHEREAS, the proposed text change was reviewed and APPROVED at
the ORC publiC meeting of January 15. 2004; and
WHEREAS, this text change was reviewed and APPROVED at the PC
public hearing of January 28, 2004 and APPROVED at the public hearing of
February 11, 2004;
WHEREAS, Staff finds that the proposed change is consistent with
Section 9.5-511(d)(5) b. (iv) New Issues and (V) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, Staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioners was
presented with the following evidence, which by reference is hereby incorporated
as part of the record of said hearing;
1. Staff report prepared on January 29th, 2003 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNlY, FLORIDA, that the preceding
findings of fact support their decision to recommend APPROVAL to the Monroe
County Planning Commission of the following amendments to the text of the
Monroe County land Development Regulations as requested by the Monroe
County Planning Department:
I Strike tt:lr:ewtt:l text is deleted.
Underlined text is new.
Section 1.
Section 9.5.21. Board of County Commissioners
(i) To establish. by resolutionLa schedule of fees to be chalJJed bv the
Growth Management Division CGMD) to persons filina land
develooment oermit 8DDlications. land develoDment aoorova'
applications. and land develoPment order aoplications however
styled. and. any land develooment order aooeal however styled. In
establishina the fee amounts. the GMD Director shall Dresent
evidence to the Board of the cost incurred by the GMO in staff time.
Section 2.
and material exoended. that are usuallv required to review the
Darticular item that is the subiect of the proDOSed fee. The general
administrative and operational overhead of the GMD may not be
included in the fee amount. While mathematical exactitude is not
reQuired, no fee adopted by the Board pursuant to this sub...section
mav be in excess of the amount reasonablv supported by the
evidence submitted by the GMD Director reoardin~ the staff time
incurred. and material expended. usually reauired for the review of
the particular item that is the subiect of the proposed fee. Any fee
resolution considered bv the Board pursuant to this subsection
must be heard by the Board at a time certain public hearina with
public notioe provided in the same manner as the public notioe
reauired for the adoption of an ordinance under Sec. 125.66(2}(a),
FS. At the public hearing, members of the public must be afforded
an opportunity to comment on the proposed fees. The fees
established shall ~enerallY be nonrefundable: provided. however,
the Board maY approve a refund of UD to fifty (50) percent of the fee
upon aood cause shown by the applicant and a recommendation
from the GMD Director that the refund will not result in GMD staff
time costs or material costs already expended ~oinQ unreimbursed.
Sec. 9.5-491. Fair share transportation impact fee.
(C) Establishment of Fee Schedule: Any person who shall initiate any
new land development activity generating traffic, except those
preparing a traffic impact analysis pursuant to subsection (d) of this
section, shall pay, prior to the issuance of a certificate of
occupancy, a fair share transportation fee as established by
tt:Ma fellGwfng SQA98YIe: resolution of the Board of County
Commissioners.
~iRgle family
Multifamily
Mobile A9FR8
Hatel, per room
Motel, per m9fJ1
Medical 9ffiGe, per 1,000 6\1.ft
HaRkiAg, per 1,000 sq.ft
Other 9ffiGe, per 1,000 Bq.ft
Wareho\lse, per 1,ggg sq.ft
Rotail, per 1,000 sq.ft., uReler 50,000 sq.ft
Retail, per 1,000 ~.ft., 260,000 ",.ft. and 9V9r
ReSlr:eati9Aa', campground, per 8pace
Marina, per bert.J:l
$1,i10.99
11,41&.00
$ 638. 00
$1.744.00
$1,7~~.90
$2,315.09
$3, 71&.00
$1,822.00
$ 568.00
$1,235.00
$1,35+:00
$1,699.00
$ 715.00
RV Dark. Der space
$1..732.00
Section 3.
Sec. 9.5-492. Fair share community park impact fee.
(c) Fair Share Park Fee To Be Imposed on New Residential Land
Development Activity: Payment of fair share fee prior to issuance of
certificate of occupancy: Any person who shall receive a certificate
of occupancy for any new residential land development activity that
places an increased demand on the county's community park
facilities shall pay a fair share park fee as fell~: established by
resolution of the Board of Countv Commissioners.
L.and U8a Type
PermaReRt fesidential YRit
Tr-3RSieRt residential "Rit
Fee
$128.40
1 07.00
Section 4.
Sec. 9.5-493. Fair share library impact fee.
(c) Fair Share Library Fee To Be Imposed on New Residential Land
Development Activity:
(1) Payment of fair share fee prior to issuance of certificate of
occupancy: Any person who shall receive a certificate of occupancy
for any new residential land development activity that places an
increased demand on the county's library facilities shall pay a fair
share library fee as felle"JN6: established by resolution of the Board
of Countv Commissioners.
/:.and Use Type
ResMileRtial ...nit . . . $1Qg.QO
SECTION 5.
Sec. 9.5-494. Fair share solid waste impact fee.
(b) Fee Schedule:
(1) Prior to the issuance of a certificate of occupancy. all land
development, except for applicants who opt to make their own
independent calculation, shall pay a fair share solid waste fee, as
established by the fol~;R9 tefRpeFa~.. fee sohedl:Jle: resolution of
the Board of County Commissioners.
PormSAem FesideAtial WFlit, per WRit
Transient Fe&idential ynit, per unit
MariAa, per berth
Modical, baRking aAd oU,.r effiae, per 10g 64:1ll1are feet
WaFeheuse!wl:leles8te, per 100 sqware feet
Re&taYFaAl (including fast feed), per 100 SSlW8Fe feet
S\lpeFmafketkoR\'enien~ stoFe, per 1Qg square feet
Retail \:lRder 1QO,OOO sqyare f84M, per 100 SqYilF8 feet
Retail over 100,00 &quare feet, per 100 sqw8Fe feet
$65.0.ct
5~.18
25.80
6.45
12.90
~2.58
58.05
25.00
~2.2$
Tl:lis fee sG~eElyle &t:tall be Fe\'is'Nee and ~isee BY the boar:e gf
oounty semmissioners within six (6) mantAs of the ef:fedh18 "ate of
the plan base" \lpeA a stydy and F8s9FF1mendation by ~e director of
planning..
SECTION 6.
Sec. 9.5-495. Fair share police facilities impact fee.
(b) Fair Share Police Facilities Fee To Be Imposed on New
Residential Land Development Activity:
(1) Fee: Any person who shall initiate any new land development
activity generating a need for police facilities except for those
applicants who prepare a police facilities impact analysis pursuant
to paragraph (2) of this subsection, shal/ pay, prior to the issuance
of a certificate of occupancy, a fair share police facilities fee as
established by the tel/awing 1omperar:)' fee schedule: resolution of
the Board of County Commissioners.
Pelm3R8Rt residential unit, peF--WAit
TFaAsieAt fe6ideRti-31 WAit, per unit
NGnresiGeAtial, per 1000 square feet
$1Q2.JU
85.32
13fUiO
Thi& fee schedule shall be m~/i9l'MeG .Act revised by the b9a~ 9f
coumy Ge~~i&6ioners withiA S9f: (6) months of the e1Jestive sate of
tt:Je plan based Yp9A 3 StY9Y and recommendatioR BY tf:te direstOf' of
planning.
Section 7.
Sec. 9.5-522. FiliAg fe88 fer fRap petitions and adfRiAiatratn."e
appeals- Reserved.
The felle,,'Jing filing fees are hereBY eetablished ~lJr&llaAt te tt:Jis
chapter:
(0) For SAY rarefJ06sl by a 13AEl9WFler er perSOR MviAg a contf:aclyal
iAteJe8t in pf'.9pelty desiriRg '9 petiti9fl the ooaRj sf S9UAt)'
commi&si9AeFS for an ameAElFAeAt to tt:te land YEe Eli6triGt map . - .
$250.00
(9) Any person filiAg aA appeal 1m", aR aElFAiAistrative intC*pretatiet:l sr
deci&ioR BY any aElministrative 9ffisial t."nth fespeGt te tt:\e pfC)t4isioA&
of t~is GRSp'Sr andJoF the G9FRpFeRensive l3Rd...w6e plan. . .250.00
(OFd. No. 22 1987, S ~)
Section 8. If any section, subsedion, sentence, clause, item, change, or
provision of this ordinance is held invalid, the remainder of this
ordinance shall not be affected by such validity.
Section 9. All ordinances or parts of ordinances in conflict with this ordinance
are hereby repealed to the extent of said conflict.
Section 10. The provisions of this ordinance shall be included and incorporated
in the Code of Ordinances of the County of Monroe, Florida. as an
addition or amendment thereto, and shall be appropriately
renumbered to conform to the uniform numbering system of the
Code.
Section 11. This ordinance shall be transmitted by the Planning Department to
the Department of Community Affairs to determine the consistency
of this ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the day of
A.D., 2004.
Mayor Murray Nelson
Mayor Pro Tem David P. Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
Mayor/Chairperson
(SEAL)
Attest; DANNY L.KOLHAGE. Clerk
Deputy Clerk
MONROE COUNTY ATTORNEY
PP FORM:
Board of County Commissioners
Staff Report
MEMORANDUM
TO:
Board of County Commissioners
K. Marlene Conaway, Dir. of Planning & Env. Resources~rt!--
FROM:
DATE:
March 30, 2004
SUBJECT:
AMENDMENT TO SEe. 9.5-21 (i) GRANTING AUTHORITY TO
THE BOARD OF COUNTY COMMISSIONERS TO SET FEES BY
RESOLUTION TO BE CHARGED FOR LAND DEVELOPMENT
APPLICATIONS, PERMITS, APPROVALS, AND APPEALS, AND
DELETING FROM THE LDRS THE DOLLAR AMOUNTS OF
IMPACT FEES IN ARTICLE X AND FILING FEES IN 9.5-522 FOR
MAP PETITIONS AND ADMINISTRATIVE APPEALS.
I. Background:
The impact fees established in Sec. 9.5 491(a) Fair share transportation impact fee; Sec.
9.5-492 (c) Fair share community park impact fee; Sec. 9.5-493(c) Fair share library
impact fee; Sec. 9.5-494(b) Fair share solid waste impact fee; and Sec. 9.5-495(b) Fair
share police facilities impact fee were adopted by resolutions of the Monroe County
Board of County Commissioners in 1989. These fees do not reflect the present day fees
that were established by resolutions of the County Commission after studies were
completed in 1992 and 1993. Some of the fees are less than the amounts in the LDRS and
others are higher. Impact fees are required to reflect the cost of new development.
At the time that the newer impact fee schedules were adopted, the previous fees in the
LDRS were not deleted. This deletion removes those older fees that are no longer
applicable.
Sec.9.5-522. Filing fees for map petitions and administrative appeals were adopted by
ordinance of the Board of County Commissioners in 1987 and became a part of the
LDRS. A Resolution was passed by the Board in 1992 establishing a comprehensive set
of planning fees. The 1992 fee for Appeals remained the same, $250.00, while the fee for
a Map Amendment was increased from $250 to $1,850. The filing fees were not removed
from 9.5-522 when the new fees were adopted. These fees were again revised and
adopted by Resolution of the Board of County Commissioners in 2003, to reflect the
current costs (Map Amendment, $3090 and Appeals, $1,000. The fee changes in
Resolution 211-2003 were made after a review of the increasing cost to the County of
planning review and approval.
This proposed amendment, in Section 9.5-21, details the process whereby the Board of
County Commissioners has the authority to increase planning fees by Resolution after a
public hearing. The fees must be based on the Planning Director providing evidence to
the Board of the cost incurred by Growth Management in staff time and material
expended. The Board has the fiscal responsibility for the County and this amendment
codifies the process of changing fees without going through the long LDR amendment
process including review by DCA.
This amendment was reviewed and recommended for approval by the DRC at its public
meeting of January 15,2004.
The Planning Commission after public hearings on January 29, 2004, February 11 and
25, 2004 voted three to two not to recommend approval of the proposed text change. The
Planning Commission after taking testimony and discussing the issue determined that it
was not appropriate to remove the fees from the Land Development Regulations and to
have the fees adopted by Resolution of the Board. The majority of the Commission
wanted the fees to continue to be adopted by Ordinance as an amendment to the Land
Development Regulations after review and recommendation of the Planning Commission
and the change reviewed by the DCA.
IV. STAFF RECOMMENDATION
The staff recommends APPROV AL of the proposed amendments to the Monroe County
Board of County Commissioners.
Planning Commission
Resolution
#P05-04
Signed & Dated
March 24, 2004
PLANNING COMMISSION RESOLUTION #P05-04
AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS
BY CREATING SEC. 9.5-21 (i) AUTHORIZING MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TO ESTABLISH BY RESOLUTION, FEES TO BE
CHARGED BY THE MONROE COUNTY GROWTH MANAGEMENT DIVISION
FOR LAND DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND
APPEALS, DELETING SEC. 9.5 491(a) FAIR SHARE TRANSPORTATION
IMPACT FEE; SEC. 9.5-492 (c) FAIR SHARE COMMUNITY PARK IMPACT
FEE; SEC. 9.5-493(c) FAIR SHARE LIBRARY IMPACT FEE; SEC. 9.5-494(b)
FAIR SHARE SOLID WASTE IMPACT FEE; SEC. 9.5-495(b) FAIR SHARE
POLICE FACILITIES IMPACT FEE; AND SEC. 9.5-522 FILING FEES FOR
MAP PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO NOT
REFLECT THE PRESENT IMPACT FEES AND FILING FEES ADOPTED BY
MORE RECENT RESOLUTIONS OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS.
WHEREAS, The impact fees established in Sec. 9.5 491 (a) Fair share
transportation impact fee; Sec. 9.5-492 (c) Fair share community park impact fee;
Sec. 9.5-493(c) Fair share library impact fee; Sec. 9.5-494(b) Fair share solid
waste impact fee; and Sec. 9.5-495(b) Fair share police facilities impact fee.; and
WHEREAS, these fees do not reflect the fees that were established by
resolutions of the Monroe County Board of County Commissioners in 1989, 1992
and 1993; and
WHEREAS, at the time that the newer impact fee schedules were
established, the previous fees were inadvertently not deleted; and
WHEREAS, this deletion removes those older fees that are no longer
collected; and
WHEREAS, Sec.9.5-522. Filing fees for map petitions and administrative
appeals were adopted by ordinance of the Board of County Commissioners in
1987; and
WHEREAS, These fees were revised and adopted by resolution of the
Board of County Commissioners in 2003; and
WHEREAS, the Sec. 9.5-522 was inadvertently not deleted; and
WHEREAS, the Planning Commission finds that it is not appropriate to
remove the fees from the Land Development Regulations and to have the fees
adopted by a resolution of the Board of County Commissioners; and
Page 1 of 7
~
P05-04
WHEREAS, the Planning Commission finds that fees should continue to
be adopted by ordinance as an amendment to the Land Development
Regulations after review by the Planning Commission; and
WHEREAS, the proposed text change was reviewed at Planning
Commission public hearings on January 28, 2004, February 11 and 25, 2004 and
the Planning Commission voted not to recommend the proposed amendment for
approval to the Board of County Commissioners;
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support their
decision not to recommend to the Monroe County Board of County
Commissioners the following amendments to the text of the Monroe County Land
Development Regulations as requested by the Monroe County Planning
Department:
PROPOSED TEXT AMENDMENT
I Striko through text is deleted. Underlined text is new.
Sec. 9.5-21. Board of County Commissioners
0) To establish. by resolution. a schedule of fees to be charqed by the Growth
Manaqement Division (GMD) to persons filinq land development permit
applications. land development approval applications. and land development
order applications however styled, and any land development order appeal
however styled. In establishinq the fee amounts. the GMD Director shall present
evidence to the Board of the cost incurred by the GMD in staff time, and material
expended. that are usually required to review the particular item that is the
subiect of the proposed fee. The qeneral administrative and operational
overhead of the GMD may not be included in the fee amount. While
mathematical exactitude is not required. no fee adopted by the Board pursuant to
this subsection may be in excess of the amount reasonably supported by the
evidence submitted by the GMD Director reqardinq the staff time incurred. and
material expended. usually required for the review of the particular item that is
the subiect of the proposed fee. Any fee resolution considered by the Board
pursuant to this subsection must be heard by the Board at a time certain public
hearinq with public notice provided in the same manner as the public notice
required for the adoption of an ordinance under Sec. 125.66(2)(a), FS. At the
public hearinq, members of the public must be afforded an opportunity to
comment on the proposed fees. The fees established shall qenerally be
nonrefundable: provided, however, the Board may approve a refund of up to fifty
(50) percent of the fee upon qood cause shown by the applicant and a
recommendation from the GMD Director that the refund will not result in GMD
staff time costs or material costs already expended qoinq unreimbursed.
Page 2 of 7
f
P05-04
Sec. 9.5-491. Fair share transportation impact fee.*
*Cross reference(s)--Motor vehicles and traffic, ch. 11; streets and highways, ch.
16.
Establishment of Fee Schedule: Any person who shall initiate any new land
development activity generating traffic, except those preparing a traffic impact
analysis pursuant to subsection (d) of this section, shall pay, prior to the issuance
of a certificate of occupancy, a fair share transportation fee as established by the
follO\\'ing schedulo: resolution of the Board of County Commissioners. Any fee
resolution considered by the Board pursuant to this subsection must be heard by
the Board at a time certain public hearina with public notice provided in the same
manner as the public notice required for the adoption of an ordinance under Sec.
125.66(2)(a), FS
Single family
Multifamily
Mobilo homo
Hotol, per room
Motol, per room
Modical offico, por 1,000 sq.ft
Banking, per 1,000 sq.ft
Other office, per 1,000 sq.ft
Warehouse, per 1,000 sq.ft
Gener31 industrial, por 1,000 sq.ft
Rotail, per 1,000 sq.ft., under 50,000 sq.ft
Retail, per 1,000 sq.ft., 50,000 to 99,999 sq.ft
Retail, por 1,000 sq.ft., 100,000 to 249,999 sq.ft
Retail, por 1,000 sq.ft., 250,000 sq.ft. and over
Recreational, c3mpground, por space
Marina, pm berth
RV park, per spaco
$1,610.00
$1,115.00
$ 638.00
$1,744.00
$1,744.00
$2,315.00
$3,716.00
$1,822.00
$ 568.00
$ 591.00
$1 ,235.00
$ 974.00
$1,874.00
$1,357.00
$1,699.00
$ 715.00
$1,732.00
P05-04
Page 3 of 7
Sec. 9.5-492. Fair share community park impact fee.*
*Cross reference(s)--Parks and recreation generally, ch. 13.5.
(c) Fair Share Park Fee To Be Imposed on New Residential Land Development
Activity:
Payment of fair share fee prior to issuance of certificate of occupancy: Any
person who shall receive a certificate of occupancy for any new residential land
development activity that places an increased demand on the county's
community park facilities shall pay a fair share park fee as foIlO'.\'s: established by
resolution of the Board of County Commissioners. Any fee resolution considered
by the Board pursuant to this subsection must be heard by the Board at a time
certain public hearino with public notice provided in the same manner as the
public notice required for the adoption of an ordinance under Sec. 125.66(2)(a),
FS
land Use Type
Permanont residential unit
Tr::msiont rosidentkll unit
Fee
$128.10
$107.00
SOG. 9.5 493. Fair share library impaGt fee.*
*Cross reference(s)--Libraries, ch. 10.
(c) Fair Share Library Fee To Be Imposed on New Residential Land
Development Activity:
(1) Payment of fair share fee prior to issuance of certificate of occupancy: Any
person who shall receive a certificate of occupancy for any new residential land
development activity that places an increased demand on the county's library
facilities shall pay a fair share library fee as follows: established by resolution of
the Board of County Commissioners. Any fee resolution considered by the Board
pursuant to this subsection must be heard by the Board at a time certain public
hearino with public notice provided in the same manner as the public notice
required for the adoption of an ordinance under Sec. 125.66(2)(a), FS
Land Usa Type Fcc
Residenti31 unit. . . $190.00
Sec. 9.5-494. Fair share solid waste impact fee.*
*Cross reference(s)--Garbage, trash and refuse, ch. 8.
Page 4 of 7
In.lalW
P05-04
Fee Schedule:
(1) Prior to the issuance of a certificate of occupancy, all land development,
except for applicants who opt to make their own independent calculation, shall
pay a fair share solid waste fee, as established by the follov./ing temporary fee
schedule: resolution of the Board of County Commissioners. Any fee resolution
considered by the Board pursuant to this subsection must be heard by the Board
at a time certain public hearinQ with public notice provided in the same manner
as the public notice required for the adoption of an ordinance under Sec.
125.66(2)(a), FS
Permanent residential unit, per unit
Transient residential unit, per unit
Marina, per berth
Medical, banking and other office, per 100 square feet
\Narohouse.'wholesale, per 100 squaro feet
Restaurant (including fast food), per 100 square feet
Supermarket/convenience store, per 100 square feet
Retail under 100,000 square feet, per 100 square foet
Retail over 100,00 square feet, per 100 square feet
$ 65.04
$ 54.18
$ 5.80
$ 6.45
$ 12.90
$ 22.58
$ 58.05
$ 25.80
$ 32.25
This fee schedule shall be reviewed and revised by the board of county
commissioners within six (6) months of the effective date of the plan based
upon a study and recommendation by the director of planning.
Sec. 9.5-495. Fair share police facilities impact fee.
(b) Fair Share Police Facilities Fee To Be Imposed on New Residential Land
Development Activity:
(1) Fee: Any person who shall initiate any new land development activity
generating a need for police facilities except for those applicants who prepare a
police facilities impact analysis pursuant to paragraph (2) of this subsection, shall
pay, prior to the issuance of a certificate of occupancy, a fair share police
facilities fee as established by the following temporary fee schedule: resolution
of the Board of County Commissioners. Any fee resolution considered by the
Board pursuant to this subsection must be heard by the Board at a time certain
public hearinQ with public notice provided in the same manner as the public
notice required for the adoption of an ordinance under Sec. 125.66(2)(a), FS
Permanent residential unit, per unit
Tr::msient residential unit, per unit
Nonresidential per 1000 square f{)er
$102.38
$ 85.32
$136.50
Page 5 of 7
.omalt
P05-04
This fee schedule shall be reviewed and revised by the board of county
commissioners within six (6) months of the effective date of the plan based
upon a study and recommendation by the director of planning.
Sec. 9.5-522. Filing foes for map petitions and administrati',e appeals.
Reserved.
The following filing fees are hereby established pursuant to this chaptor:
(a) For any proposal by a landowner or person having a contractual interest in
property desiring to petition the board of county commissioners for an
amendment to the land use district map. . . $250.00
(b) Any person filing an appeal from an administrative interpretation or deoision
by any administrative official with respect to the provisions of this chapter
and/or the comprehensive land use plan. . .250.00
(Ord. No. 22 1987, ~ 1)
[Balance of this page is intentionally left blank]
Page 6 of 7
In;.al~
P05-04
NOW THEREFORE, the Planning Commission of Monroe County, Florida failed to
approve the motion to amendment to the Monroe County Land Development Regulation
on February 25, 2004, votes being as follows:
Lynn C. Mapes, Chair
Denise Werling, Vice Chair
Jiulio Margalli, Commissioner
David C. Ritz, Commissioner
James D. Cameron, Commissioner
YES
NO
NO
YES
NO
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Signed this
Page 7 of 7
P05-04
,2004.
APPRO
AND LE
-.J
Initial
Development Review
Committee Resolution
#D03-04
Signed and Dated
January 15, 2004
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #003-04
AMENDMENT TO MONROE COUNTY LAND DEVELOPMENT REGULATIONS
BY CREATING SEC. 9.5-21 (i) AUTHORIZING MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS TO ESTABLISH BY RESOLUTION, FEES TO BE
CHARGED BY THE MONROE COUNTY GROWTH MANAGEMENT DIVISION
FOR LAND DEVELOPMENT APPLICATIONS, PERMITS, APPROVALS, AND
APPEALS, DELETING SEC. 9.5 491(a) FAIR SHARE TRANSPORTATION
IMPACT FEE; SEC. 9.5-492 (c) FAIR SHARE COMMUNITY PARK IMPACT
FEE; SEC. 9.5-493(c) FAIR SHARE LIBRARY IMPACT FEE; SEC. 9.5-494(b)
FAIR SHARE SOLID WASTE IMPACT FEE; SEC. 9.5-495(b) FAIR SHARE
POLICE FACILITIES IMPACT "FEE; AND SEC. 9.5-522 FILING FEES FOR
MAP PETITIONS AND ADMINISTRATIVE APPEALS WHICH DO NOT
REFLECT THE PRESENT IMPACT FEES AND FILING FEES ADOPTED BY
MORE RECENT RESOLUTIONS OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS.
WHEREAS, The impact fees established in Sec. 9.5 491 (a) Fair share
transportation impact fee; Sec. 9.5-492 (c) Fair share community park impact fee;
Sec. 9.5-493(c) Fair share library impact fee; Sec. 9.5-494(b) Fair share solid
waste impact fee; and Sec. 9.5-495(b) Fair share police facilities impact fee were
adopted by resolutions of the Monroe County Board of County Commissioners in
1989; and
WHEREAS, these fees do not reflect the present day fees that were
established by more recent 1992 and 1993 resolutions of the County
Commission; and
WHEREAS, at the time that the newer impact fee schedules were
established, the previous fees were inadvertently not deleted; and
WHEREAS, this deletion removes those older fees that are no longer
applicable; and
WHEREAS, Sec.9.5-522. Filing fees for map petitions and administrative
appeals were adopted by ordinance of the Board of County Commissioners in
1987; and
WHEREAS, These fees were revised and adopted by resolution of the
Board of County Commissioners in 2003; and
WHEREAS, the Sec. 9.5-522 was inadvertently not deleted; and
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WHEREAS, staff finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (V) Recognition of a need for
additional detail or comprehensiveness; and
WHEREAS, staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, the proposed text change was reviewed and APPROVED at
the DRC public meeting of January 15, 2004;
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of
fact support their decision to recommend APPROVAL to the Monroe County
Planning Commission of the following amendments to the text of the Monroe
County Land Development Regulations as requested by the Monroe County
Planning Department:
I Striko through text is deleted.
Underlined text is new.
Sec. 9.5-21. Board of County Commissioners
(i) To establish, bv resolution. a schedule of fees to be charoed by the Growth
Manaoement Division (GMD) to persons filinQ land development permit
applications, land development approval applications, and land development
order applications however stvled, and any land development order appeal
however stvled. In establishino the fee amounts, the GMD Director shall present
evidence to the Board of the cost incurred by the GMD in staff time. and material
expended, that are usuallv required to review the particular item that is the
subiect of the proposed fee. The oeneral administrative and operational
overhead of the GMD may not be included in the fee amount. While
mathematical exactitude is not required. no fee adopted by the Board pursuant to
this subsection may be in excess of the amount reasonablv supported by the
evidence submitted bv the GMD Director reoardina the staff time incurred. and
material expended, usuallv reauired for the review of the particular item that is
the subiect of the proposed fee. Anv fee resolution considered by the Board
pursuant to this subsection must be heard bv the Board at a time certain public
hearina with public notice provided in the same manner as the public notice
required for the adoption of an ordinance under Sec. 125.66(2)(a). FS. At the
public hearina, members of the public must be afforded an opportunity to
comment on the proposed fees. The fees established shall aenerallv be
nonrefundable: provided, however. the Board may approve a refund of UP to fifty
(50) percent of the fee upon aood cause shown bv the applicant and a
recommendation from the GMD Director that the refund will not result in GMD
staff time costs or material costs alreadv expended aoina unreimbursed.
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Sec. 9.5-491. Fair share transportation impact fee.*
*Cross reference(s)--Motor vehicles and traffic, ch. 11; streets and
highways, ch, 16,
Establishment of Fee Schedule: Any person who shall initiate any new land
development activity generating traffic, except those preparing a traffic impact
analysis pursuant to subsection (d) of this section, shall pay, prior to the issuance
of a certificate of occupancy, a fair share transportation fee as established by tRe
fOllo'....ing schodule: resolution of the Board of County Commissioners.
Singlo family
Multifamily
Mobilo home
Hotel, per room
Motol, per room
Modicol office, por 1,000 sq.f.t
Bonking, por 1,000 sq.f.t
Other offico, per 1,000 sq.ft
Warehouse, por 1,000 sq.f.t
General industrial, per 1,000 sq.ft
Retail, por 1,000 sq.ft., under 50,000 sq.ft
Retail, per 1,000 sq.ft., 50,000 to 99,999 sq.ft
Retail, per 1,000 sq.ft., 100,000 to 249,999 sq.ft
Rot3il, per 1,000 sq.f.t., 250,000 sq.ft. 3nd O'/or
Recreational, campground, por spoce
Marina, por berth
RV p3rk, per Sp3CO
$1,610.00
$1,115.00
$ 638.00
$1,744.00
$1,741.00
$2,315.00
$3,716.00
$1,822.00
$ 568.00
$ 594.00
$1,235.00
$ 974.00
$1,874.00
$1,357.00
$1,699.00
$ 715.00
$1,732.00
Sec. 9.5-492. Fair share community park impact fee.*
*Cross reference(s)--Parks and recreation generally, ch. 13.5.
(c) Fair Share Park Fee To Be Imposed on New Residential Land Development
Activity:
Payment of fair share fee prior to issuance of certificate of occupancy: Any
person who shall receive a certificate of occupancy for any new residential land
development activity that places an increased demand on the county's
community park facilities shall pay a fair share park fee as follows: established bv
resolution of the Board of County Commissioners.
land Use Type Fee
Perm:ment rosidenti31 unit $128.40
Tr3nsient residential unit 107.00
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Sec. 9.5 493. Fair share library impact fee.*
*Cross reference(s)--Libraries, ch. 10.
(c) Fair Share Library Fee To Be Imposed on New Residential Land
Development Activity:
(1) Payment of fair share fee prior to issuance of certificate of occupancy: Any
person who shall receive a certificate of occupancy for any new residential land
development activity that places an increased demand on the county's library
facilities shall pay a fair share library fee as follows: established bv resolution of
the Board of County Commissioners.
Land Use Typo F-oa
Rosidentbl unit. . . $190.00
Sec. 9.5-494. Fair share solid waste impact fee.*
*Cross reference(s)--Garbage, trash and refuse, ch. 8.
Fee Schedule:
(1) Prior to the issuance of a certificate of occupancy, all land development,
except for applicants who opt to make their own independent calculation, shall
pay a fair share solid waste fee, as established by the following tempoF3ry feo
schodule: resolution of the Board of County Commissioners.
Perm3nent residentiol unit, per unit
Transiont rosidontial unit, por unit
Marin3, por borth
Medic31, banking :md othor office, par 100 squaro feot
W3rohouse!wholosalo, por 100 square feot
Rost3urant (including f-ast food), por 100 square feet
Suporm3rkotlconvenience storo, per 100 square foot
Rotail undor 100,000 square foet, per 100 square foot
Rotail over 100,00 squaro feot, par 100 squoro foot
$65.01
51.18
25.80
6.45
12.90
22.58
58.05
25.80
32.25
This foo schedule shall be rovie'JJed 3nd revised by the board of county
commissionors '#ithin six (6) months of the offucti'JO dato of the plan b3sed
upon 3 study 3nd recommend3tion by tho director of planning.
Sec. 9.5-495. Fair share police facilities impact fee.
(b) Fair Share Police Facilities Fee To Be Imposed on New Residential Land
Development Activity:
Page 4 of 6
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(1) Fee: Any person who shall initiate any new land development activity
generating a need for police facilities except for those applicants who prepare a
police facilities impact analysis pursuant to paragraph (2) of this subsection, shall
pay, prior to the issuance of a certificate of occupancy, a fair share police
facilities fee as established by tho following temporary fee schodule: resolution
of the Board of County Commissioners.
Porm3nent residential unit, por unit
Transient residontial unit, per unit
Nonresidontial, per 1000 square feot
$102.38
85.32
136.50
This fee schodule shall be roviowod 3nd rovisod by the board of county
commissionors within six (6) months of tho effective date of the pl:m basad
upon a study and rocommondation by tho director of pbnning.
Sec. 9.5-522. Filing fees for map petitions and administrati':e appeals.
Reserved.
The follm~.ling filing feos 3re hereby ostablishod pursuant to this chaptor:
(a) For 3ny proposal by a landO\amor or person having a contr3ctuol interest in
property desiring to potition tho boord of county oommissionors for an
amendment to the land uso district m3p . . . $250.00
(b) Any porson filing an appeal from an administr3tivo interpretation or dooision
by 3ny 3dministr3tiv8 official with respect to tho provisions of this chapter
and/or tho comprehensivo land uso plan. . .250.00
(Ord. No. 22 1987, ~ 1)
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PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 15th day of January, 2004.
Fred Gross, Director, Lower Keys Planning Team (Chair) YES
Aref Joulani, Development Review and Design Senior Administrator YES
Ralph Gouldy, Environmental Resources Senior Administrator YES
Department of Health (by fax) YES
Department of Public Works (by fax) YES
Department of Engineering (by fax) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Signed this 15th day of January, 2004
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