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Item H8Meeting Date: May 16, 2012 Division: Growth Management Bulk Item: Yes X No _ Department: PIanning Staff Contact Person/Phone #: Gail Creech 289-2522 AGENDA ITEM WORDING: Approval of Application Fee Refund of $1,500.00 to James K. and Verna M. Prell. ITEM BACKGROUND: James and Verna Prell appealed the administrative decision of the Senior Director of Planning & Environmental Resources dated September 22, 2011, denying a request for an exemption from the Rate of Growth Ordinance (ROGO) permit allocation system at the Planning Commission meeting held on April 25, 2012. The appeal was approved by the Planning Commission. PREVIOUS RELEVANT BOCC ACTION: NIA CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL1' INDIRECT 1 BUDGETED: COST TO COUNTY: SOURCE OF FUNDS: Check #1241 REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year APPROVED Y: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required 1 ! 1 Revised 7/09 t�1.��` MEMORANDUM MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT We strive to be caring, professional and fair To: Board of County Commissioners From: Gail Creech, Planning Commission Coordinator Date: May 1, 2012 Subject: Refund Request for James K. and Verna M. Prell Staff is requesting that James and Verna Prell be refunded their application fee of $1,500.00 pursuant to approval of their appeal by the Planning Commission on April 24, 2012. All backup is attached. Reviewed by C:1Userslcreech-gai[\Desktop\Misc Memo - TEMPLATE.doc APPROVAL FOR REFUND IN THE AMOUNT OF $ THIS DAY OF 2011 COUNTY ADMINISTRATOR REQUISITION FOR REFUND FROM COUNTY TREASURY STATE OF FLORIDA COUNTY OF MONROE PURSUANT TO SECTION 193.40, FLORIDA STATUES, ,4 1 1 4. OF � � � � __ (P YEE) (MAIL ADDRESS) HEREBY MAKES APPLICATION TO THE BOARD OF COUNTY COMMISSIONERS FOR REFUND OF $ a :c C _ OF MONEYS PAID TO THE COUNTY, AND AS GROUNDS THEREFORE SET UP THE FOLLOWING FACTS: (STATE REASON FOR REFUND IN SPACE PROVIDED BELOW) g} ¢j �g `0 6 n r\ Y r M rn', n On ATTACHED HERETO IS ADDITIONAL FOLLOWS: STATE OF FLORIDA COUNTY OF MONROE Sworn to an subscribed be`fpor�e me this o? & day of 20 Z "M TU NIN Signature of Notary Pu 'c- State of Flor d (or) Produced Identification Type of Identifica i67Produced. TO BE PAID FROM ACCOUNT: AGENDA PLANNING COMMISSION MONROE COUNTY April 25, 2012 10:00 A.M. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL COMMISSION: Denise Weding, Chairman Randy Wall, Vice Chairman Jeb Hale Elizabeth Lustberg William Wiatt MARATHON GOV'T CENTER 2798 OVERSEAS HIGHWAY MARATHON, FL 33050 STAFF: Townsley Schwab, Senior Director of Planning and Environmental Resources Susan Grimsley, Ass't County Attorney John Wolfe, Planning Commission Counsel Mayte Santamaria, Assistant Director of Planning and Environmental Resources Joe Haberman, Planning & Development Review Manager Mitch Harvey, Comp Plan Manager Steven Biel, Sr. Planner Rey Ortiz, Planner Kathy Grasser, Planner Barbara Bauman, Planner Timothy Finn, Planner Gail Creech, Planning Commission Coordinator COUNTY RESOLUTION 131-92 APPELLANT TO PROVIDE RECORD FOR APPEAL SUBMISSION OF PROPERTY POSTING AFFIDAVITS AND PHOTOGRAPHS SWEARING OF COUNTY STAFF CHANGES TO THE AGENDA APPROVAL OF MINUTES 04,16.12 MONROE COUNTY, FL MISCELLANEOUS FEE RECEIPT RECEIPT DATE : 04/04/2012 RECEIVED BY : CREECHG 00115510.002200 CUSTOMER ID -______________________-_ l.UUO 1.000 I'UOO METHOD OF PAYMENT ----------------- PRINT DATE : 04/04/2012 PRINT TIME : 08:33:47 COPY MISCELLANEOUS -NOTICE TO P 42.00 1787.00 AMOUNT --------------- 1,787'00 --------------- 1,787'00 REFERENCE NUMBER -------------------- y rag I.Y 9 MONROE COUNTY, FLORIDA MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION NO. 134 , - 2011 A RESOLUTION AMENDING RESOLUTION 448-2010, THE PLANNING &G ENVIRONMENTAL RESOURCES DEPARTMENT FEE SCHEDULE, TO CLARIFY THAT AFFORDABLE HOUSING PROJECT DEVELOPMENT FEE EXEMPTIONS ARE NOT APPLICABLE TO ANY VARIANCE APPLICATION; TO ESTABLISH A "CONDITIONAL USE, MINORIMAJOR, MAJOR DEVIATION" APPLICATION FEE OF $3,500.00; TO ESTABLISH A "FRONT YARD SETBACK WAVER, PLANNING COMMISSION' APPLICATION FEE OF $1,608.00; TO ESTABLISH A "TIER MAP AMENDMENT - OTHER THAN IS/URM PLATTED LOT" APPLICATION FEE OF $4,131.00; TO ESTABLISH A "TIER MAP AMENDMENT- IS/URM PLATTED LOT ONLY" APPLICATION FEE OF $1,600.00; TO ELIMINATE THE "CONDITIONAL USE, REVISED PLAN REVIEW" APPLICATION FEE OF $638.00; TO ELIMINATE THE "TECHNOLOGY" FEE OF $20.00; TO REQUIRE APPLICANTS TO DEPOSIT A FEE OF $5,000.00 INTO AN ESCROW ACCOUNT TO COVER THE COST OF EXPERTS HIRED BY THE GROWTH MANAGEMENT DIVISION TO REVIEW TRANSPORTATION AND OTHER RELATED STUDIES SUBMITTED BY THE APPLICANT AS PART OF THE DEVELOPMENT REVIEW PROCESS; TO REQUIRE A DEPOSIT FOR HALF OF HEARING OFFICER COSTS IN APPEALS; AND TO REPEAL ANY OTHER FEE SCHEDULES INCONSISTENT HEREWITH• 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 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 from such services; and Planning & F.uvironmaatal Resources Department Fee Schedule Page 1 of 6 U V Y ) 7D Mo n WHEREAS, the updated fee schedule prepared by the Growth Management Director for providing these services includes 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, preparation of official documentation verifying existing development rights and other processes and services; and WHEREAS, the Board has discussed the need to adjust the fee schedule to compensate the county for resources needed in excess of the fee estimates included in the base fees; and WHEREAS, the Board has exempted the development of affordable housing from Planning & Environmental Resources Department application fees in past fee resolutions; and WHEREAS, the Monroe County Code allows applications for variances to the setback, landscaping and off-street parking regulations, for which the fee exemption for affordable housing development was not intended; and WHEREAS, the fee schedule approved by Resolution 448-2010 did not have a fee for applications for major deviations to conditional use permits; and WHEREAS, the fee schedule approved by Resolution 448 2010 had an obsolete fee known as "Conditional Use, Revised Plan Review" for $638.00. This is an obsolete fee as all revisions to a site plan approved by a conditional use permit must be approved by a minor deviation, major deviation or amendment application; and WHEREAS, the fee schedule approved by Resolution 448-2010 did not have a fee for applications for waivers to a front yard setback to be granted by the Planning Commission; and WHEREAS, although considered a form of map amendment associated with the Land Development Code, the fee schedule approved by Resolution 448-2010 did not specifically have a fee for applications for amendments to the tier maps; and WHEREAS, the fee schedule approved by Resolution 448-2010 had an outdated fee known as technology fee that is no longer necessary to collect; and WHEREAS, Monroe County Planning Department currently pays for experts to review transportation studies and other related studies prepared by the applicant during the development review process; and WHEREAS, applicants for development review should pay the cost of the review, rather than those funds coming from other sources; and Planning & Environmental Resources Department Fee Schedule Page 2 of WHEREAS, the Board of County Commissioners wishes to amend fees to compensate for resources expended in applications for private development approvals; and WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee schedule during a public hearing on April 20, 2011; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY FLORIDA. section Pursuant to Section 102-19(9), the following schedule of fees to be charged by the Growth Management Division for its services, including but not limited to the filing of land development permit applications, 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 shall be implemented: Administrative Appeals........................................................ $1,500.00 Administrative Relief ....................................................... $1,011.00 Alcoholic Beverage Special Use Permit ................................. $1,264.00 Appeal ROGO or NROGO to BOCC.................................... $816.00 BeneficialUse .......................... ,.................................... $4,490.00 Biological Site Visit (per visit) ............................................ $280.00 Biologist Fee (Miscellaneous -per hour)..................................$60.00 Boundary Determination................................................... $1,201.00 Comprehensive Plan, Text Amendment .................................. $5,531.00 Comprehensive Plan, Future Land Use Map (FLUM) Amendment. $5,531.00 Conditional Use, Major, New/Amendment .............................. $10,014.00 Conditional Use, Minor, New/Amendment ............................ $8,484.00 Conditional Use, Minor, Transfer Development Rights (TDR)........ $1,239.00 Conditional Use, Minor, Transfer Nonresidential Floor Area (TRE)$1,944.00 Conditional Use, Minor, Transfer ROGO Exemption (TRE)..........$1,740.00 Conditional Use, Minor/Major, Minor Deviation ...................... $1,768.00 Conditional Use, Minm/Major, Major Deviation ....................... $3,500.00 Conditional Use, Minor/Major, Tune Extension ....................... $986.00 Department of Administrative Hearings (DOAH) Appeals...........3816.00 Development Agreement ......................... .......................... $12,900.00 Development of Regional impact(DRI)................................. $29,876.00 Dock Length Variance ..................................... , ................ $1,026.00 Front Yard Setback Waiver, Administrative ............................ $1,248.00 Front Yard Setback Waiver, Planning Commission .................... $1,608.00 Grant of Conservation Easement .......................................... $269.00 Habitat Evahmtion Index (per hour) ...................................... $60.00 Home Occupation Special Use Permit ................................... $498.00 Planning & Environmmtal Resources DVartment Fee Schedule Page 3 of 6 Inclusionary Housing Exemption ......................................... $900.00 Land Development Code, Text Amendment ........................... $5,041.00 Land Use District Map, Amendment —Nonresidential ................. $4,929.00 Land Use District Map, Amendment —Residential ....................... $4,131.00 Letter of Current Site Conditions..........................................$936.00 Letter of Development Rights Determination...........................$2,209.00 Letter of ROGO Exemption...............................................$215.00 NROGO Application....................................................... $774.00 Planning Pee (Miscellaneous -per hour) ................................... $50.00 ParkingAgreement.......................................................... $1,013.00 Planning Site Visit.......................................................... $129.00 Platting, 5 lots or less ....................................................... $4,017.00 Platting, 6 lots or more ...................................................... $4,613.00 Pre -application with Letter of Understanding...........................$689.00 Pre -application with No Letter of Understanding ..................... $296.00 Public Assembly Permit....................................................$149.00 Dog in Restaurant Permit...................................................$150.00 Research, permits and records (per hour) ................................ $50.00 Road Abandonment......................................................... $1,533.00 ROGO Application......................................................... $748.00 ROGO Lot/Parcel Dedication Letter ..................................... $236.00 SB360/HB 1752 Time Extensions for Development OrdemTermits $250.00 Special Certificate of Appropriateness ....................................$200.00 Tier Map Amendment —Other than IS/URM Platted Lot ............. $4,131.00 Tier Map Amendment—IS/URM Platted Lot Only .................... $1,600.00 Vacation Rental Permit (Initial).............................................U93.00 Vacation Rental (Renewal) ................................................ $100.00 Vacation Rental Manager License ........................................ $106.00 Variance, Planning Commission, Sigmge ............................... $1,076.00 Variance, Planning Commission, Other than Signage ..................$1,608.00 Variance, Administrative................................................... $1,248.00 Vested Rights Determination .............................................. $2,248.00 Wetlands Delineation (per hour) .......................................... $60.00 Growth Management applications may be subject to the following additional fees or requirements: For any application that requires a public hearing(s) and/or surrounding property owner notification, advertising and/or notice fees; $245 for newspaper advertisement and $3 per property owner notice. 2. 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. 130-161.1 of the Monroe County Code and for Planning & Environmental Resources Dvwtmcnt Fee Schedule Page 4 of 6 applications for variances to setback, landscaping and/or off-street parking regulations associated with an affordable housing development. Hearing fees: applicant shall pay half the cost of the hourly rate, travel and expenses of any heating officer. The County is currently charged $142.00 per hour by Department of Administrative Hearings (DOAH). If the fee charged to the County is increased, the charge will change proportionately. An estimated amount of one-half of the hearing officer costs as determined by the County Attorney shall be deposited by the applicant along with the application fee, and shall be returned to the applicant if unused. 4. Base fees listed above include a minimum of (when applicable) two internal staff meetings with applicants; one Development Review Committee meeting, one Planning Commission public hearing; and one Board of County Commission public hearing. If this minimum number of meetings/hearings is exceeded, the following fees shall be charged and paid prior to the private development application proceeding through public hearings: a. Additional internal staff meeting with applicant $500.00 b. Additional Development Review Committee public hearing$600.00 c. Additional Planning Commission public hearing $700.00 d. Additional Board of County Commissioners public hearing $850.00 The Director of Growth Management or designee shall assure these additional fees are paid prior to hearing scheduling. These fees apply to all applications filed after September 15, 2010. 5. Applicants for Administrative Appeal, who prevail based on County error, as found by the Planning Commission, shall have the entire application fee refunded. 6. Concerning the application fees to amend the tier maps, the lesser application fee of $1,600.00 is only available for applications to amend the tier designation of a single URM or IS platted lot. It may not be used to amend the designation of more than one parcel. 7. Applicants for any processes listed above that are required to provide transportation studies related to their development impacts shall be required to deposit a fee of $5,000 into an escrow account to cover the cost of experts hired by the Growth Management Division to review the transportation and other related studies submitted by the applicant as part of the development review process. Any unused funds deposited by the applicant will be returned upon permit approval. Monroe County shall obtain an estimate from the consultant they intend to hire to review the transportation study 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 Planning & Environmental Resources Department Fee Schedule Page 5 of 6 unused funds deposited by the applicant will be returned upon permit approval. at&oa 2. Any other fees schedules or provisions of the Monroe County Code inconsistent herewith are hereby repealed. Section 3. The Clerk of the Board is hereby directed to forward one (1) certified copy of this Resolution to the Division of Growth Management. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 20thday of April 2011. Mayor Heather Carruthers Mayor pro tem David Rice CommissionerKim Wigington Commissioner George Neugent Commissioner Sylvia Murphy BOARD OF COUNTY COMMISSIONERS Yes Yes Yes Yes Yes � ANNY L. KOLHAGE, CLERK By �• By Deputy Clerk M r fb&er Carruthers MONROECOU OA6 T� ORY E'Zaanin8 & EuvironmenW Resources Department Fee ScheMe Page 6 of 6