Item U1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/18/2005
Division: Growth Management
Bulk Item: Yes
No -2L
Department: Planning & Environmental Resources
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING: Public Hearing to consider an Ordinance to repeal Ordinance 011-
2004 due to a scrivener's error; create Section 9.5-21(i) Monroe County Code, authorizing the BOCC
to adopt by resolution, fees to be charged by the Monroe County Growth Management Division for
land development application, permits, approvals, appeals; and, amend Sections 9.5-491 (c), 9.5-492(c),
Section 9.5-493 (c), 9.5-494(b), and 9.5-495(b), that imposed fair share impact fees for development
and deleting Section 9.5-522, for filing fees.
ITEM BACKGROUND: This item was heard and approved at the April 21, 2004 BOCC meeting.
However, due to a scriveners' error, sections of the Code that were deleted in the ordinance reviewed
by the BOCC when the ordinance was signed were inadvertently left in the document. A new ordinance
has been drafted to correct the scrivener's error.
PREVIOUS RELEVANT BOCC ACTION: Approval of Ordinance 011-2004 at the April 21, 2004
BOCC meeting in Key West.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approve
TOT AL COST: N/ A
BUDGETED: Yes No
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes
No ---X AMOUNT PER MONTH_ Year
DOCUMENTATION:
Included
APPROVED BY: County Atty--X-
DIVISION DIRECTOR APPROVAL:
DISPOSITION:
AGENDA ITEM #
Revised 2/05
DEPARTMENT OF PLANNING AND
ENVIRONMENTAL RESOURCES
2798 Overseas Highway
Suite 400
Marathon, TIorida 33050
Voice: (305) 289-2500
FAX: (305) 289~2536
BOARD OF COUNfY COMMISSIONERS
Mayor Dixie M. Spehar, District 1
Mayor Pro Tem Charles "Sonny" McCoy, District 3
George Neugent, District 2
David P. Rice, District 4
Murray E. Nelson, Dish"ict 5
April 29, 2005
To:
Board of County Commission
-i~
From:
K. Marlene Conaway
Subj cct:
Text amendment deleting fees from the LDRS
Background:
Ordinance 11-004 granting the authority to the Board of County Commissioners to set fees by
resolution for land development review, permits, approvals, appeals and impact fees was adopted
by the Board of County Commissioners on April 21, 2004. The ordinance, when signed, did not
contain the deletions that were approved at the meeting, therefore it could not be implemented.
The ordinance before you now is the one presented in 2004 including the cross out.
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 more recent 1992 and 1993
resolutions of the County Commission.
At the time that the newer impact fee schedules were established, the previous fees were
inadvertently 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. These fees were revised and adopted by
resolution of the Board of County Commissioners in 2003, however, the Sec. 9.5-522 was
inadvertently not deleted.
This amendment to change the fees by resolution of the BOCC was reviewed and approved by
the DRC at its public meeting of January 15, 2004. The majority of the Planning Commission
voted to not recommend the change to the LDRs, determining that the fees should remain in the
LDRs and be adopted by ordinance.
Staff Recommendation:
The Planning Department recommends approval of the proposed repeal ofBOCC Ordinance 11-
2004 and approval of the proposed replacement ordinance.
ORDINANCE NO. -2005
AN ORDINANCE REPEALING BOCC ORDINANCE 011-2004
AND AMENDING THE 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 DEVELOPl\<IENT
APPLICATIONS, PERi\lITS, APPROVALS, AND APPEALS,
AMENDING SECTIONS 9.5-49] (a) FAIR SHARE
TRANSPORTATION IMPACT FEE; SEe. 9.5-492 (c) FAIR SHARE
COMMUNITY PARK IMPACT FEE; SEC. 9.5-493(c) FAIR SHARE
LIBRARY IMPACT FEE; SEe. 9.5-494(b) FAIR SHARE SOLID
WASTE IMPACT FEE; SEe. 9.5-495(b) FAIR SHARE POIJCE
FACILITIES IMPACT FEE; AND SEe. 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, Board of County Commissioners Ordinance 011-2004 contained
scrivener's errors when signed; and
\VHEREAS, to correct the scrivener's errors this ordinance shall be repealed and
replaced with a new ordinance containing the content of the previous ordinance; and
WHEREAS, The impact fees established in Sec. 9.5 49l(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
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J:\DOCUMENT\Comp RevLDRs\ord REPEAL 11-04 AND ADOPTrev.doc
WHEREAS, Sec.9.5-522. Filing fees for map petltlOns and administrative
appeals were adopted by ordinance of the Board of County Commissioners in 1987; and
\VHEREAS, 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, these proposed text changes were reviewed and recommended for approval
by the DRC on January 15, 2004 and the Planning Commission on February 11,2004.
\VHEREAS, the Monroe County Board of County Commissioners finds that the
proposed change is consistent with Section 9.5-5Il(d)(5) b. (iv) New Issues and (V)
Recognition of a need for additional detail or comprehensiveness; and
WHEREAS, Monroe County Board of County Commissioners finds that the
proposed change is consistent with the goals of the Monroe County Year 2010
Comprehensive Plan; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
I Strike through text is deleted.
Underlined text is new.
Section 1. Board of County Commissioners Ordinance 011-2004 is hereby repealed
in it's entirety.
Section 2. Create new Section 9.5-21 (i) as follows:
Section 9.5-21. Board of County Commissioners
(1) To establish, by resolution, a schedule of fees to be charged by the Growth
Management Division (GMD) to persons filing land development permit
applications, land development approval applications, and land
development order applications however styled, and any land development
order appeal however styled. In establishing 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 subject of the proposed fee. The
overall general administrative and operational overhead of the GMD may
not be included in the fee an10unL 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 regarding the staff time incurred, and material
expended, usually required for the review of tbe particular item that is the
subject of the proposed fee. Any fee resolution considered bv the Board
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Section 3.
pursuant to this subsection must be heard by the Board at a time certain
public hearing 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 hearing, members of the public must be
afforded an opportunity to comment on the proposed fees. The fees
established shall generally be nonrefundable; provided, however. the
GMD Director may approve a refund of up to fifty (50) percent of the fee
upon good cause shown by the applicant and the finding that the refund
will not result in GMD staff time costs or material costs already expended
going unreimbursed.
Amend Sec. 9.5-491 (c) as follows:
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, either an alternate fee
amount based upon the preparation of traffic impact analysis pursuant to
subsection (d) of this section or, a fair share transportation fee as
established by the following schedule: resolution of the Board of County
Commissioners.
Single family
Multifamily
Mobile home
Hotel, per room
Motel, per room
Medical office, per 1,000 sq.ft
Bunking, per 1,000 sq.ft
Other office, per 1,000 sq.ft
Vlarehouse, per 1,000 sq.ft
General industrial, per] ,000 sq.ft
Retail, per 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
Rctai], per 1,000 sq.ft., 250,000 sq.ft. and oycr
Recreational, camp5'Tound, per space
Marina, per berth
RV park, per space
$1,610.00
1,415.00
638.00
1,744.00
1,744.00
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
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Section 4.
Section 5.
Section 6.
Amend Section 9.5-492(c) as follows:
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 cert{ficate of occupancy:
Any person who shall initiate any new residential land development
activity that places an increased demand on the county's community park
facilities shall pay prior to the issuance of a certificate of occupancy,
either an alternate fee amount based upon the preparation of an individual
assessment pursuant to paragraph (2) of this subsection,receive a
certificate of occupancy for any ne'N residential land de'/elapment activity
that places an increased demand an the county's community park facilities
shall pay a or. a fair share park fee-as falIa'.vs: established by resolution of
the Board of County Commissioners.
Lond Use Type
Permanent residential unit
Transient residential unit
Fee
$128.40
107.00
Amend Section 9.5-493( c)(1) as follows:
Sec. 9.5-493. Fair share library impact fee.
(c) Fair Share Libraty 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 initiate any new residential land development
activity that places an increased demand on the county's library facilities
shall pay. prior to the issuance of a certificate of occupancy. either a fee
amount based upon the preparation of an individual assessment in
paragraph (2) of this subsection or. recei':e a certificate of occupancy for
any net'" residential land development activity that places an increased
demand on the county's library facilities shall pay a fair share library fee
as follo',';s: established by resolution of the Board of County
Commissioners.
Land Use Type Fcc
Residential unit. . . $190.00
Amend Section 9.5-494 (b)(l) as follows:
Page 4 of 7
Sec. 9.5-494. Fair share solid waste impact fee.
(b) Fee Schedule:
(1) Any person who shall initiate any new land activity generating solid
waste shall pay prior to the issuance of a certificate of occupancy, all land
development, except for applicants 'Nho opt to make their o','.'n
independent calculation, shall pay either a fee amount based upon the
preparation of an individual assessment pursuant to subsection (c) of this
section, or. a fair share solid waste fee, as established by the follO\ving
temporary fee schedule: resolution of the Board of County
Commissioners.
Permanent residential unit, per unit
Transient residential unit, per unit
Marina, per berth
Medical, banking and other office, per 100 square feet
....;Varehouse/wholesale, per 100 square 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 feet
Retail over 100,00 square feet, per 100 square feet
$65.04
54.18
25.80
6.45
12.90
22.58
58.05
25.80
32.25
This fee schedule shall be revie\ved and revised by the board of county
commissioners '.vithin six (6) months of the effecti';e date of the plan
based upon a study and recommendation by the director of planning.
SECTION 7. Amend Section 9.5-495(b)(1) as follows:
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 '.vho
prepare a police facilities impact analysis pursuant to paragraph (2) of this
subsection, shall pay, prior to the issuance of a certificate of occupancy,
either a fee amount based upon an individual assessment pursuant to
paragraph (2) of this subsection, or, a fair share police facilities fee as
established by the following temporary fee schedule: resolution of the
Board of County Commissioners.
Permanent residential unit, per unit
Transient residential unit, per unit
$102.38
85.32
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Nonresidential, per 1000 square feet
136.50
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.
SECTION 8. Amend Section 9.5-522 as follows:
Sec. 9.5-522. Filing fees for map petitions and administrative appeals.
Reserved.
The follmving filing fees are hereby established pursuar.t to this chapter:
(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 mop. . . $250.00
(b) Any person filing an appeal from an administrative interpretation or
decision by any administrative official ':/ith respect to the provisions of
this chapter and/or the comprehensive land use plan. . . 250.00
(Ord. No. 22 1987, S 1)
Section 9. If any section, subsection, 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 10. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 11. 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 12. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 2005.
Mayor Dixie Spehar
Mayor Pro Tern Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Dixie Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
n
jttV Date:
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