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Item S4 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 19, 2005 Bulk Item: Yes -L No Division: Growth Management Department: Planning & Environmental Res. Staff Contact Person: K. Marlene Conaway AGENDA ITEM WORDING: A public hearing to consider adopting a Resolution replacing Resolution No. 211-2003 and establishing a new fee schedule for planning and development applications. ITEM BACKGROUND: The Growth Management Division has prepared a new fee schedule for submittal of planning and development approval applications. The new fee schedule is based on an analysis of applications and incorporates "full labor" costs incurred to process applications, including reasonable indirect costs. The new fee schedule is intended to fully recover costs incurred in the processing of applications and ensures that customers receiving the benefits of the development approval pay the full share of the costs to reduce burdens on taxpayers at large. The proposed fee increase is conservatively estimated to provide at least $375,000 in revenues, as reflected in the adopted FY 06 County Budget. PREVIOUS RELEVANT BOCC ACTION: The BOCC adopted Resolution 211-2003 on June 18, 2003 and the County FY 06 Budget on September 28, 2005. CONTRACT! AGREEMENT CHANGES: NI A STAFF RECOMMENDATIONS: Approval TOT AL COST: $375,000 BUDGETED: Yes -L No COST TO COUNTY: N/A SOURCE OF FUNDS: User Fees REVENUE PRODUCING: Yes -1L No AMOUNT PER MONTH_ YEAR: $375,000 APPROVED BY: County Atty ~ OMB/Purchasing _ Risk Man gement 11 j DOCUMENT A TION: Included X DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM RESOLUTION NO. -2005 A RESOLUTION REPEALING RESOLUTION NO. 211-2003, AND ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH, AND AMENDING THE PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE TO MORE EFFECTIVEL Y REPRESENT CURRENT COSTS REQUIRED TO ADEQUATELY OFFSET THE TRUE COSTS OF PROVIDING SUCH SERVICE TO THE PARTIES RECEIVING THE BENEFITS OF THE DEVELOPMENT APPROVAL, AND THUS, FURTHER REDUCING THE BURDEN CURRENTLY BEING BORNE BY THE TAXPAYERS AT LARGE; PROVIDING FOR AN EFFECTIVE DATE OF NOVEMBER 1. 2005 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 interest of the general public to charge the true cost for development related services, thereby placing the burden of such costs directly upon those parties deriving the benefit; and, WHEREAS, the Growth Management Director has demonstrated that the existing fee schedule does not reflect the true cost of providing the services to the parties requesting services from the Planning and Environmental Resources Department; and \VHEREAS, the updated fee schedule prepared by the Growth Management Division for providing these services ineludes 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, and preparation of official documentation verifying existing development rights; and WHEREAS, after hearing testimony and evidence presented as to the appropriate fee schedule during a public hearing on October 19, 2005, the Board of County Commissioners concurs with the recommendations of the Growth Management Director. NOW THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA, THAT: Section 1. Pursuant to Section 9.5-21, the following schedule of fees to be charged by the Growth Management Division fix the filing of land development permits, 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: P:\Mayra Tezanos\BOCC October 19, 2005\Planning Fees\feeresolution,doc Page 1 of3 Alcoholic Beverage Application] Administrative Appeals] Administrative Relief Beneficial Use Biological Site Visit (per visit) Boundary Determination Conditional Use Application, Majoru.5 Conditional Use, Application, Minor' ,2,5 Conditional Use, Minor Deviation Development Agreement].5 Development of Regionallmpad,5 DOAH Appeals3 Future Land Use Map Amendment ~ Residentiall,2,S (With Land Use Map Amendment) Future Land Use Map Amendment ~ Nonresidentiall,2,s (With Land Use Map Amendment) Future Land Use Map Amendment ~ Residentiall,2,s (Without Land Use Map Amendment) Future Land Use Map Amendment ~ Nonresidential' ,2,S (Without Land Use Map Amendment) Habitat Evaluation Index (per hour) Home Occupation Application Land Use District Map Amendment -Residential 1,2,5 Land Use District Map Amendment ~ Nonresidential L2,S LOR or Comprehensive Plan Text Amendment Letter of Buildability (Current Site Conditions) Letter of Development Rights Determination Minor Conditional - TOR Minor Conditional - TRE2 NROGO ApplicationS Platting, 5 lots or less5 Platting, 6 lots or more5 Pre~application with Letter of Understanding Pre-application with No Letter of Understanding Research, permits and records (per hour) ROGO Application2.5 RaGa Lot/Parcel Dedication Letter Si!,:rn Variance Special Certificate of Appropriateness Vacation Rental Application Vacation Rental Renewal Vacation Rental Manager License Fee Variance, Planning Commissionl,2 Variance, Planning Director2,4 Vested Rights Determination Waiver, Planning OirectOl) P:\Mayra Tezanos\BOCC October 19, 2005\Planning Fees\Jeeresolution.doe Page 201'3 $ 1,140.00 950.00 760.00 1,300.00 260.00 1,090.00 6,020.00 4,570.00 320.00 8,830.00 9,970.00 570.00 3,940.00 4,950,00 3,010.00 4,020.00 60.00 310.00 2,940.00 3,970.00 2,270.00 850.00 ] ,620.00 420.00 570.00 590.00 1,660.00 3,100.00 620.00 270.00 50.00 430.00 210.00 920.00 200.00 390,00 100.00 40.00 1,060.00 650.00 850.00 420.00 Wetlands Delineation (per hour)5 60.00 I Subject to additional fees; $245 for newspaper advertisement and $3 per property owner notice. 2 No application or other fees for affordable housing projects. 3 Subject to additional charges; payment of half the cost of the hearing officer, which is $66 per hour. County is charged $132 per hour by DOAH. 4 Subject to additional fee of $3 per property owner notice. S Subject to technology fee of $20 for records conversion, storage, and retrieval. Section 2. Resolution No. 211-2003 is hereby repealed. Section 3. The effective date ofthe Fee Schedule shall be November 1,2005. Section 4. The Clerk of the Board is hereby direeted to forward one (1) certified copy of this Resolution to the Division of Growth Management. PASSED AND ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County, Florida, held on the 19th day of October, 2005. Mayor Dixie Spear Mayor Pro Tern Charles "Sonny" McCoy Commissioner George Neugent Commissioner David Rice Commissioner Murray E. Nelson BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: Mayor/Chairperson (SEAL) A TrEST: DANNY KOHLAGE, CLERK Deputy Clerk [Qat.: MONROE: COUNTY ATTORNEY ~PRoveD:J:; ~f?A' ~ ~jL€~ t .A I, I "~.~.~;:.f By:~ P:\Mayra Tezanos\BOCC October 19. 2005\Planning Fees\fceresolution,doc Page 3 of3 County of Monroe Growth Management Division 2798 Overseas Highway Suite 410 Marathon, florida :~S050 Voice: 305.289. 2500 fA.'{: 305.289.2536 Board of County Commissioners Mayor Dixie Spehar, District I Mayor I'ro Tem Charles "Sonny" McCoy, District 3 George Neu.gent, District 2 David Rice, District 4 Murray E, Nelson, District 5 MEMORi\NDUM TO: Board of County Commissioners FROM: Timothy 1. McGany, AICP /11IJ Director of Growth Managt1lrlf DATE: October 3, 2005 SUBJECT: Revised Fee Schedule for Planning Applications Overview The fee schedule for planning applications has not been completely updated since June 2003. Not only have personnel and other costs increased since that time, but with the adoption of FY06 Budget, the County is aggressively implementing cost recovery approaches to providing government services. This philosophy ensures that costs to provide services should be borne by those specifically receiving the benefits of such services. Approach In preparing the new fee schedule, the staff completed the following steps: o Time Records. Time records on specific projects kept or produced by staff were tabulated by type of application and reviewed by senior management. These records provided the initial base line information for the senior staff in determining the appropriate average time and staff assigned on each type of planning application. o Base Labor Rate. The "fully loaded" FY 06 labor costs, including both direct labor (salary) and fringe benefits, were calculated for each review or processing position. These labor costs were then divided by the number of total hours available by position to review and process applications in a year to provide a base hourly rate. The number of total hours available takes into account holidays, vacations, sick leave, and general administrative duties. o Indirect Labor Rate. Indirect costs were then calculated for each position in the Growth Management Division and Fire Marshal's office. Total indirect costs, reflects the amount of funds in the budget to be transferred from Fund 148 to the General Fund in FY 06 to pay for support services provided to Fund 148 activities. This total was divided by the total estimated available hours of all personnel in the Growth Management Division and Fire Marshal's office to provide a per hour indirect rate per position. o Full Labor Rate. The per hour direct labor rate and indirect labor rate were added together to provide an hourly "billable" rate tor each position. o Fee Schcdule Work Sheet. The fee schedule work sheet (Exhibit A) was used to calculate the anticipated labor costs to process and review each type of application. The average number of hours assigned to each application type by position is shown on the worksheet. A reference identifying each position is provided at the end of the worksheet. Change in Fee Schedule Exhibit B provides a comparison between the current and proposed fee schedule. Fees tor most planning applications will be increased, some significantly such as Development Agreements, Beneficial Use Determinations, Future Land Use Amendments, and Platting of 6 or more lots. Fees for other applications are proposed for reductions, based on the results of an examination of actual staff time historically applied to these types of applications. A major proposed change is that the Planning and Environmental Resources Department will no longer use the "Pre-Application with Letter of Understanding" application to provide applicants with a written official determination of the number of dwelling units and non-residential floor space "lawfully" recognized by the County on properties. Such determination will be through a new application and service called "Letter of Development Rights Detennination". The current "Pre-application with Letter of Understanding" has been bogged down by the demand on the staff to conduct lengthy and costly reviews of planning and building records. Such determination should be conducted separately, This change would allow the pre-application process to be conducted as was its original purpose, to be an interactive forum for review by staff and applicant of conceptual development plans and to make applicants aware of County policies, ref,rulations, and procedures. In addition, the Planning Department will offer a more inexpensive option to applications called a "Pre-application without a Letter of Understanding". This lower cost option would make the staff available for discussion of development proposals with property owners/applicants without the need for a written Letter of Understanding. It would also help recoup the costs of staff time that where property owners and developers routinely arrange meetings with staff to discuss their development proposals without paying for the service, which is required in the Pre-application process. In addition, a small "Technological Fee" will be applied to certain permit applications for records conversion, storage, and retrieval. This fee will assist the Planning and Environmental Resources Department in progressing toward a more "paper-less" system. Anticipated Revenues The staff anticipates that the proposed new fee schedule will result in at least $350,000 in revenues for FY06. The staff estimates that without the proposed increase in fee schedule the projected revenues for FY06 may be less than $300,000, depending upon the level of development activity. These revenues will cover the costs incurred by staff in processing and reviewing these applications further eliminating any subsidy to pay for such services from ad valorem and non~user fee revenue sources. Recommendation The staff recommends approval of the resolution establishing a new fee schedule for Planning and Environmental Resources Department that will go into effect on November 1,2005. Exhibits o 0 0 0 000 0 0,0 0 o 0 0 0 00 q 0 0:0 q o::i N <ci ci o::i o:i r-- o::i r--:,cci CD "=t l.O l.O 0 0 CO N N CD:N t'- ..... 0) t'- ("<') N 0 0)0) 0 ON 0 l.O,("<') <0 CO <.0 .,.:: ~ f:I7 '..: f:I7 .,.:: M I ...t "" ...t' (,r; to ...t I f:I7 .,.::' 05 ~ ~ ~~,~~~,~~~ ~,~ o 00,0 0 0 0,0,0 0:0 0 000,0 l.O 0 oio:O U') 0 0 <ci o::i cci,r--: o::i o::i ci!ci:cci r--: o::i 0; 0) N <O,N ..... N N,t'-:CO ("<,),<.0 -.:t <00<.0 Ni"=t N 0) U')'l.O'M~,O,<.o "'::M~f:I7i~f:I7f:17~if:l7,~ 1.,.::'~ ~ f:I7 f:I7, ~ "'I;"""" "(-i N ................'................... ..,... ni ~:~:~ "'I;"""" ~:~: !~ ~N :0 N..... '<t <0 l- N ..... ill ill :r: '<t <0 (j) :::t: a::: 0 N 0 S ill -I :J ("<') CO 0 '<t ill :r: U (j) ill ill u.. "=t l.O <.0 "" CD 0 ................. 'NiN ..... CD ..... <( I- ii:i s: X W w 'U > a: ,W !~: :1= I :{31 i,:::i 1 0.. 0..1 <( ~: 0) (1) ....' Cll > Cll OJ .2 ale: e:l;:::: 0)"0 .c:.-.- Cll o,C oEEC-::l U "0 "0 Cll ,Q,o <e <( <( en OJ, OJ C' 0' :;::: ~ (1); .... .!:' li3: .B _ E' 0) U ro ....' (1) .~ .~ *, ffii Cl :g Cli~' C l5 ~1~1u '~ u Cll'Cll: .!'Q 0::::0:::,0; 0.. : - ~ co N '<:t (Ii : .c: !.-.(I) (1)ro ;g.~ ;g 'eni <U <5 C:,: ::::: UJu-<C EXHIBIT B CURRENT VERSUS PROPOSED PLANNING AND DEVELOPMENT APPROVAL APPLICATION FEES AND SERVICE CHARGES Application/Service Current Proposed Change Alcoholic Beverage App. $ 1,350 $1, 140 $ (210) Administrative Appeals 250 950 700 Administrative Relief 0 750 750 Beneficial Use 500 1,300 800 Biological Site Visit (per visit) 100 200 100 Boundary Determination 500 1,090 590 Conditional Use (Major) 5,390 5,970 580 Conditional Use (Minor) 4,500 4,570 70 Conditional Use (minor deviation) 100 320 220 Development Agreement 4,000 8,830 4,830 DOAH Appeals 200 570 370 FLUM Amen.~ Res wi LUM Am.. 2,590 3,930 1,340 FLUM Amen.~Com w/LUM Am.. 3,590 4,950 1 ,360 FLUM Amen. ~ Res wlo LUM Am. .2,590 3,010 420 FLUM Amen. ~ Com wlo LUM Am. 3,590 4,020 430 Home Occupation Application 250 350 100 Land Use Map Amend ~ Res. 2,090 2,940 850 Land Use Map Amend - Comm. 3,090 3,970 880 LDR/Comp Plan Text Amend. 2,590 2,270 320 Letter of Buildability 350 850 500 Letter of Development Rights Deter. nla 1,620 Minor Conditional ~ TDR 700 520 ( 180) Minor Conditional ~ TRE 700 570 ( 130) NROGO Application 500 590 90 Platting, 5 lots or less 1,000 1,660 660 Platting, 6 lots or more 2,000 3,1 00 1,100 Pre-app wi Letter of Understanding 500 620 120 Pre-app wi no Letter of Understanding n/a 270 ROGO Application 200 430 230 ROGO Lot/Parcel Dedication Letter 175 210 35 Sign Variance 700 920 220 Special Certificate of Appropriateness 200 200 0 Vacation Rental Application 245 390 145 Vacation Rental Application Renewal 100 100 0 Vacation Rental Manager Lie. Fee/Ren 35 40 5 Variance, Planning Commission 1,330 1,060 (270) Variance, Planning Director 750 650 (100) Vested Rights Determination 700 850 150 Waiver, Planning Director 750 420 (330) Notes: Additional charges or charges for services by the hour are not shown.