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Item Q7 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Aori121, 2004 Division: Clerk's Office Bulk Item: Yes X No AGENDA ITEM WORDING: Consideration by the Board to rescind approval of a Resolution to repeal BOCC Resolution No. 211-2003 (Planning Service Fee Schedule) and approve a proposed new Planning Service Fee Schedule Resolution adding fees concerning the review of costs associated with Developments of Regional Impact (DRI), Development Agreements, and Plat approvals and correcting minor errors in Resolution No. 211-2003. ITEM BACKGROUND: Item (Ml) was approved at the October 15, 2003 Board meeting, but never received by the Clerk for execution. County Attorney's Office advised that this item should have been approved in the form of an Ordinance. DIVISION DIRECTOR APPROVAL: [)(Jrf1~/~' C)<cJ ~ ~ ~ D y L. Kolhage, CI k DOCUMENTA TION: Included X To Follow Not Required _ AGENDA ITEM NO. m BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 15. 2003 Sulk Item: Yes .-L No Division: Growth Manaaement Department Plannina AGENDA ITEM WORDING: Approval of a resolution to repeal SOCC Resolution NO.211-2003 (Planning Service Fee Schedule) and approve a proposed new Planning Service Fee Schedule resolution adding fees concerning the review costs associated with Developments of Regional Impact (DRI), Development Agreements, and Plat Approvals and correcting minor errors in Resolution NO. 211-2003. ITEM BACKGROUND: The current fee schedule was approved by resolution of the Board of County Commissioners on June 18,2003 (SOCe Resolution NO. 211-2003). In that Resolution, there was no fee included for the costs associated with Developments of Regional Impact (DRI), Development Agreements, and Plat Approvals. Additionally, some minor changes are made in the arrangement of the Schedule and corrections were made concerning the addition of mailing and advertising costs. The hourly charges for certain reviews was changed to a single average cost for the service. This was recommended in order to provide applicants with a cost-certain. An exemption from fees is included for Special Accessibility Setback Variances. PREVIOUS RELEVANT BOCe ACTION: Resolution 211-2003 was approved June 18, 2003. CONTRACTIAGREEMENTCHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: NJA BUDGETED: Yes N/A No COST TO COUNTY: N/A SOURC'E OF FUNDS: N/A REVENUE PRODUCING: Yes N/A No _ AMOUNT PER MONTH N/A Year APPROVED BY: County Atty -1L- . k Management_ DIVISION DIRECTOR APPROVAL: ny, AICP DOCUMENTATION: Included X To Follow Not Required DISPOSITION = AGENDA ITEM # ../'? / , MEMORANDUM TO: Board of County Commissioners FROM: Fred Gross, Director of Lower Keys Planning Team U Date: September 23,2003 SUBJECT: Revised Increases of Department of Planning Fees for Services I. Proposal BOCC Resolution No. 364.1992 established the fee schedule that had been in place for 11 years, this fee schedule was never updated. During those 11 years, there have been 7 amendments adding new services to the fee schedule. Moreover, since the original fee schedule was approved by the BOCC, the Consumer Price index has increased by over 40 percent and the average hourly pay rate of the planning staff has increased significantly. The fee schedule which was approved in 1992, was based on the estimated costs to administer, process, review, and approve the average application or request within each category. Today, that fee schedule no longer reflects the true cost of providing services to those persons requesting the Planning Departmenfs services. The Growth Management Division planning staff reviewed the costs for planning services and proposed a schedule that more closely reflects the present day costs. The BOCC, on June 18,2003, approved Resolution 211.2003 providing for an increase of planning application and service fees across-the-board. In approving Resolution 211-2003, the cost of services for Plat Approvals and Development Agreements was inadvertently omitted. These" charges had been included in the original 1992 resolution and applicants have always been charged for these services. The charges in the 1992 resolution were adjusted by the same cost-of- living increase that was used in the determination of all other charges and are hereby included in this proposed resolution.. DeveloDments of Reaionallmoacts (DRI) - A DRI is a development, which, because of its character, magnitude, or location would have a substantial effect upon the health, safety, or welfare of citizens of the region. The" DRI process is governed" by Chapter Page 1 of2 W:\Planning\Working FoIders\Gross-Fred\Planning Fee Scf1edule\BOCC Staff ReporLdoc 380.06, . Florida Statutes ("F.S.") and Rules 9J-2.001 through, 9J-2.0256, Florida Administrative Code ("EA.C."). There are 14 types of development, which may be DRI's if they exceed certain numerical thresholds. The types of development Include airports, hospitals, mines, hotels, marinas, industrial, office and retail uses, residential projects and multi-use developments. The types and numerical thresholds are identified in Section 380.0651, F.S., and Chapter 28-24, F.A.C. The proposed Base Fee is only for development approval, which includes staff review and public hearings of the projects. Upon receipt of the sufficiency notification from the South Florida Regional Planning Council, the Planning Department gives notice and holds public hearings on the application in the same manner as for a rezoning, except that such hearing proceedings shall be recorded by tape or a certified court reporter and made available for transcription at the expense of any interested party. As a result, in Monroe County, a DRI project is heard by ORC, the Planning Commission, and the BOCC. The Base fee also includes published newspaper ads and review by Fire Marshal. In determining the fee schedule for a DRI, as was done and approved in the 1992 resolution, the charges were based on the estimated costs to administer, process, review, and approve an average DRI application. Due to the complexity of DRI's, additional fees may apply that are excluded from the Base fee. Additional fees may be charged for Preliminary and Final Development Agreements, Comprehensive Plan Amendments, Plat Approval, Consultant Fees, reviews by other agencies, and Major or Minor deviations. Finally, some minor changes have been made in the arrangement of the Schedule and corrections were made concerning the addition of mailing and advertising costs, and hourly fee schedules. The Planning Department is requesting that these changes and appropriate fees be included in order to reflect the additional costs. The proposed fee schedule is presented in the attached draft resolution for consideration by the Board of County Commissioners. II. Recommendation The Growth Management Division planning staff has reviewed the costs for providing these planning services and proposed these fees to reflect the present day cost. The Planning Department Staff recommends APPROVAL of this resolution. Page 2 of 2 W:\PIanning\Worklng Folders\Gross-Fred\Planning Fee Schedule\BOCC Staff Reporldoc RESOLUTION NO. -2003 A RESOLUTION REPEALING RESOLUTION NO. 211- 2003 AND ALL AMENDMENTS, AND ANY OTHER PREVIOUS FEE SCHEDULES INCONSISTENT HEREWITH, AND AMENDING THE PLANNING DEPARTMENT FEE SCHEDULE TO MORE EFFECTIVELY REPRESENT THE CURRENT COSTS REQUIRED TO ADEQUATELY OFFSET THE TRUE COSTS OF PROVIDING SUCH SERVICE TO THE PARTIES RECEIVING THE BENEFITS OF DEVELOPMENT APPROVAL, AND THUS, FURTHER REDUCING THE BURDEN CURRENTLY BEING BORNE BY THE TAXPAYERS AT LARGE. WHEREAS, the Monroe County Board of County Commissioners wish to provide the citizens of the County with the best possible service In the most cost effective and reasonable manner; and WHEREAS, we find 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; and WHEREAS, the Director of Planning and Development has demonstrated that the changes recommended to the existing fee schedl,lle reflect the true cost of providing the services to the parties requesting the Planning Department services; and WHEREAS. Resolution NO. 211-2003 adopted by the SOCC did not include the costs for review of Developments of Regional Impact (DR!), Development Agreements or Plat Approval; and WHEREAS. the charge for review of DRI's, Development Agreements, and Plat Approvals is hereby included; and WHEREAS. after hearing testimony and evidence presented as to the approprtate fee schedule; and WHEREAS, we concur with the conclusions and findings of the Planning Director and adopt them as our own, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: Page 1 of 4 W:'Plannirlg\Worl<ing Folders\Gross-Fred\Plannlng Fee Schedule\BOCC Fee Raso .doc SECTION 1. Pursuant to Monroe County Code, the following planning fee schedule shall be the effective fee schedule for all planning permits, environmental resource permits, and any special fees required by the Monroe County Land Development Regulations: Alcoholic Beverage Application * $1350.00 Appeal Application ~ Amendment to a Minor Conditional Use* 1000.00 4390.00 2590.00 Minor Conditional Use Application Amendment to a Minor Conditional Use* Change in intensity and/or less than 1000 SF 1850.00 Minor Conditional Use Historic Site 280.00 Minor Deviation to a Conditional Use 100.00 Maior Condftional Use Application 5390.00 Amendment to a Maior Conditional Use Aoolication , . 5390.00 Develooment of Rea ion Imoact lORn Base Fee 9780.00 Development Aareement More than 5 acres 6000.00 Develooment Aareement Less than 5 acres 4000.00 Home Occupation Application 250.00 2590.00 Land Development Regulation Text Amendment Land Use District Map Amendment (Commercial) Without Comprehensive Plan Map Amendment 3090.00 Land Use District Map Amendment (Residential) Without Comprehensive Plan Map Amendment 2090.00 Comprehensive Plan Map Amendment (Non-Residential) Including Land Use Map Amendment . 3590.00 . Page 2 of4 W:\Plannlng\Worklng Folders\Gross-Fred\Planning Fee Schedule\BOCC Fee Reso .doc ~ Comprehensive Plan Map Amendment (Residential) Including Land Use Map Amendment Comprehensive Plan Text Amendment Plat Aooroval (more than 5 lots) Plat Aooroval (less than Slots) Sign Variance Transfer of Development Rights Variance* Variance (Administrative) Soecial Accessibilitv Setback Variance Beneficial Use Application Vested Rights Pre-Application Conference with Letter of Understanding Pre-Application Conference with Letter of Understanding With Site Visit . Dwelling Unit Allocation System Application (ROGO) No fee for Affordable Housing Commercial Allocation System Allocation (NROGO) Commercial Use Allocation System (NROGO) Biologist Site Visit (per visit) Boundary Determination Wetland Delineation (no letter) Wetland Delineation (per hour) Habitat Evaluation Index (par hour) Letter of Buildabilft;y (With Site Visit) Page 3of4 W;\Plannlng\Worklng FoIders\Gross-Fred\Plannfng Fee Schedule\SOCC Fee Reso .doc 2590.00 2590.00 5.390.00 4390.00 700.00 700.00 1330.00 750.00 No Fee 1000.00 700.00 500.00 600.00 200.00 500.00 500.00 100.00 500.00 250.00 60.00 300.00 00:00 180.00 350.00 !', Letter of Buildability (Without Site Visit) 175.00 Vacation Rental Determination 245.00 Vacation Rental Renewal 50.00 35.00 Vacation Rental Managers Fee ReGoaroh for Permitting History (Der t:leur minimum) 50.00 hf. :$3.00 per property owner notice. ~$245.00 fee for newspaper advertisement I Strike tf:1FOuQh text is deleted Underlined text is added l Section 2. Resolution No. 211-2003 and aU amendments hereto are hereby repealed. Section 3. The Clerk of the Board is hereby directed to forward one (1) certmed copy of this Resolution to the Division of Growth Management. [balance of this page Is intentionally left blank] Page 4 of 4 W:\Planning\WOl1dng FoIders\Gross-Fred\Planning Fee Schedule\BOCC Fee Reso .doc SEP-2S-03 10.25 FROM,MONROE COUMTV ATTV OFFICE lD.3eSaS2361S .. . PAGE '/2 PASSED .1Id ADOPTED at a regular meeting of the Board of County Commissioners d Monroe County, Florida. held on the _ daw of . 2003. Mayor Dixie M. .Spehar Mayor Pro Tem Murmy E. Nelson CornnUssioner Charles -sonny" McCoy Commissioner George Neugent ConvnIuiDner David Rice (SEAL) AItest Danny L Kolhage By, Deputy Clerk C:\TEMNJoceFM~ .101S01d11c Page5of4 Board of County Commissioners of Monroe County, Florida By' Mayor/ChaIrman