Resolution 151-20221
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
RESOLUTION NO. 151 - 2022
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING RESOLUTION NO. 346-2018, THE
PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE
SCHEDULE, TO MODIFY FEES FOR REVIEWS OF SPECIAL
APPROVALS FOR SHORELINE SETBACK DEVIATIONS
PURSUANT TO CODE SECTION 118-12 AND HEARING FEES; AND
TO REPEAL ANY OTHER FEE SCHEDULES INCONSISTENT
HEREWITH.
WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board",
"Monroe County", or the "County") wishes to provide the citizens of the unincorporated 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(s) from such services; and
WHEREAS, the updated fee schedule prepared by the Monroe County Planning and
Environmental Resources Department 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, 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 the resources expended/needed in excess of the fee estimates included in the base
fees; and
WHEREAS, applicants for development review should pay such costs, rather than those
funds coming from other sources; and
WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee
schedule during a public hearing on May 18, 2022;
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I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY FLORIDA:
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4 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
5 legislative intent are true and correct and are hereby incorporated as if fully set forth herein.
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7 Section 2. Pursuant to Code Section 102-19(g), the following schedule of fees to be charged
8 by the Planning and Environmental Resources Department to persons filing text amendments, map
9 amendments, land development permit applications, land development approval applications, and
10 land development order applications however styled, and any land development order appeal
11 however styled. The fees established shall generally be nonrefundable; provided, however, the
12 Planning Director may approve a refund of up to 50 percent of the fee upon good cause shown by
13 the applicant and the finding that the refund will not result in Department staff time costs or
14 material costs already expended going unreimbursed.
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Application
Fee
Administrative Appeals
$1,500.00
Administrative Relief
$1,010.00
Alcoholic Beverage Special Use Permit
$1,260.00
Appeal ROGO or NROGO to BOCC
$820.00
Beneficial Use
$4,490.00
Biological Site Visit(per visit
$280.00
Biologist Fee (Miscellaneous -per hour)
$60.00
Boundary Determination
$1,200.00
Comprehensive Plan,
Text Amendment
(plus $850.00 for 2nd BOCC hearing)
$6,470.00
Comprehensive Plan,
Future Land Use Map (FLUM) Amendment
(plus $850.00 for 2nd BOCC hearing)
$6,090.00
Conditional Use, Major, New/Amendment
$11,400.00
Conditional Use, Minor, New/Amendment
$8,480.00
Conditional Use, Minor,
Transfer Development Rights (TDR)
$1,240.00
Conditional Use, Minor,
Transfer Nonresidential Floor Area (TRE)
$1,940.00
Conditional Use, Minor,
Transfer ROGO Exemption (TRE)
$1,740.00
Conditional Use, Minor/Major, Minor Deviation
$1,770.00
Conditional Use, Minor/Major, Major Deviation
$3,500.00
Conditional Use, Minor/Major, Time Extension
$990.00
Department of Administrative Hearings DOAH Appeals
$820.00
Development Agreement / 380 Agreement
$13,460.00
Development of Regional hn act DRI
$28,880.00
Dock Length Special Exception
$1,030.00
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Front Yard Setback Waiver, Administrative
$1,250.00
Grant of Conservation Easement
$270.00
Historic Special Certificate of Appropriateness
$200.00
Home Occupation Special Use Permit
$500.00
Inclusionary Housing Exemption
$1,110.00
Inclusionary Housing Alternative Compliance
$1,110.00
Land Development Code,
Text Amendment
$5,950.00
Land Use District Map,
Map Amendment
$5,570.00
Letter of Current Site Conditions
$940.00
Letter of Development Rights Determination
$2,210.00
Letter of ROGO Exemption
$220.00
Map designation verification
$60.00
NROGO Application - up to 10,000 SF
$920.00
NROGO Application - 10,001-50,000 SF
$1,260.00
NROGO Application - 50,001 SF or greater
$1,540.00
Planning Fee (Miscellaneous -per hour)
$50.00
Parking Agreement
$1,010.00
Planning Site Visit
$130.00
Platting, lot line adjustment
$930.00
Platting, 5 lots or less
$4,020.00
Platting, 6 lots or more
$4,610.00
Pre -application with No Letter of Understanding
$300.00
Pre -application with Letter of Understanding vacant property)
$890.00
Pre -application with Letter of Understanding (developed
property)
$1,450.00
Pre -application with Letter of Understanding only identifying the
status of a nonconforming use
$250.00
Pre -application with Letter of Understanding for new antenna-
supporting structure
$670.00
Preliminary Endangered Species Impact Assessment (SAG)
$140.00
Public Assembly Permit
$150.00
Dog in Restaurant Permit
$150.00
Request for Records: Research, development approvals/permits
and records(per hour
$50.00
Right -of -Way Abandonment
$1,890.00
ROGO Application
$850.00
ROGO Land Dedication Letter
$240.00
Legislative Time Extension forDevelo ment Orders / Permits
$250.00
Special Approval for Shoreline Setback deviations (3 or fewer
dwelling units, Sec. 118-12(o)(2) and infill lots, Sec. 118-
12b 4c.
$, ,�Q
$1,000.00
Temporary Construction Staging Areas
$530.00
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Temporary Non -emergency Housing (site security for capital
$560.00
improvement projects)
Tier Map Amendment (Zoning Overlay) —
$4,670.00
Other than IS/URM Platted Lot
Tier Map Amendment (Zoning Overlay)—
$1,970.00
IS/URM Platted Lot Only
Vacation Rental Exemption
$180.00
(pursuant to Sec. 134-1 b
Vacation Rental Permit (Initial)
$490.00
Vacation Rental Renewal
$100.00
Vacation Rental Manager License
$110.00
Variance, Planning Commission Si a e
$1,080.00
Variance, Planning Commission, Other than Signage
$1,610.00
Variance, Administrative
$1,250.00
Vested Rights Determination
$2,250.00
Planning and Environmental Resources Department applications may be subject to the following
additional fees or requirements:
1. For any application that requires a public hearing(s) and/or surrounding property owner
notification, advertising and/or notice fees; $245.00 for newspaper advertisement and
$3.00 per property owner notice.
2. Affordable Housing: 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. 139-2 of the Monroe County Code and for applications for variances to setback,
landscaping and/or off-street parking regulations associated with an affordable housing
development.
3. There shall be no application or other fees, except advertising and noticing fees, for
property owners who apply for a map amendment to the official LUD map and/or the
official FLUM, if the property owner can provide satisfactory evidence that a currently,
lawfully existing use on the site, also existed lawfully in 1992 and was deemed
nonconforming by final adoption of the LUD map and/or a currently, lawfully existing use
on the site, also existed lawfully on the site in 1997 and was deemed nonconforming by
final adoption of the FLUM. To qualify for the fee exemption, the applicant must apply for
a LUD and/or FLUM designation(s) that would eliminate the non -conforming use created
with adoption of the existing designation(s) and not create an adverse impact to the
community. Prior to submittal of a map amendment application, the applicant must provide
the evidence supporting the change and application for a fee exemption with the proposed
LUD map/FLUM designations to the Monroe County Planning & Environmental
Resources Department as part of an application for a Letter of Understanding. Following a
review, the Director of Planning & Environmental Resources shall determine if the
information and evidence is sufficient, and whether the proposed LUD map and/or FLUM
designations are acceptable for the fee waiver, and approve or deny the fee exemption
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4.
request. This fee waiver Letter of Understanding shall not obligate the staff to recommend
approval or denial of the proposed LUD or FLUM Category.
Hearing fees: applicant shall pay half the cost of the hourly rate, travel and expenses of any
hearing officer.
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An estimated amount of one-half of the hearing officer costs
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as determined by the County Attorney shall be deposited by the applicant along with the
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application fee, and shall be returned to the applicant if unused.
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5.
Base fees listed above include a minimum of (when applicable) two (2) internal staff
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meetings with applicants; one (1) Development Review Committee meeting, one (1)
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Planning Commission public hearing; and one (I) Board of County Commission public
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hearing. If this minimum number of meetings/hearings is exceeded, the following fees shall
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be charged and paid prior to the private development application proceeding through public
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hearings:
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a. Additional internal staff meeting with applicant..........................$500.00
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b. Additional Development Review Committee public hearing ......$600.00
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c. Additional Planning Commission public hearing ........................$700.00
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d. Additional Board of County Commissioners public hearing .......$850.00
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The Planning Director or designee shall assure these additional fees are paid prior to
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hearing scheduling. These fees apply to all applications filed after September 15, 2010.
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6.
Applicants for Administrative Appeal, who prevail after all appeals have been decided or
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where the appeal period(s) has expired, shall have the Administrative Appeal application
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fee refunded. A full refund does not require approval by the Board of County
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Commissioners; however, if the appellant only prevails on a portion of their appeal, the
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Board of County Commissioners shall determine the amount of the refund.
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7.
Concerning the application fees to amend the tier maps, the lesser application fee of
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$1,970.00 is only available for applications to amend the tier designation of a single URM
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or IS platted lot. It may not be used to amend the tier designation of more than one lot.
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8.
Applicants for any processes listed above, and reviews and waivers pursuant to Article III.
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Parking and Loading, that are required to provide transportation studies related to their
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development impacts shall be required to deposit a fee of $5,000 into an escrow account to
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cover the cost of experts hired by the Planning and Environmental Resources Department
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to review the transportation, parking and other related studies submitted by the applicant
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as part of the development review process or any map or text amendment submitted by a
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private applicant. Any unused funds deposited by the applicant will be returned upon
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permit or amendment approval. Monroe County shall obtain an estimate from the
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consultant they intend to hire to review the transportation, parking and other related studies
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for accuracy and methodology and if the cost for the review on behalf of Monroe County
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I is higher than the $5000, applicant shall remit the estimated amount. Any unused funds
2 deposited by the applicant will be returned upon permit approval.
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4 9. Applicants for any processes listed above that may require a technical review or study by
5 a third -party shall bear the cost of such review. At the request of the Senior Director of
6 Planning and Environmental Resources, Applicants shall be required to deposit a fee of
7 $5,000 into an escrow account to cover the cost of experts hired by the Planning and
8 Environmental Resources Department to review related studies and reports submitted by
9 the applicant, or conduct studies and reports required to be conducted by the County
10 pursuant to Florida Statutes or federal regulation, as part of the development review process
11 or any map or text amendment submitted by a private applicant. Any unused funds
12 deposited by the applicant will be returned upon permit or amendment approval. Monroe
13 County shall obtain an estimate from the consultant they intend to hire to review and/or
14 conduct the required studies for accuracy and methodology and if the cost for the review
15 on behalf of Monroe County is higher than the $5000, applicant shall remit the estimated
16 amount. Any unused funds deposited by the applicant will be returned upon permit
17 approval.
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19 Section 3. Any other fees schedules or provisions of the Monroe County Code inconsistent
20 herewith are hereby repealed.
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22 Section 4. Construction and Interpretation. This Resolution, being necessary for the welfare,
23 safety, and health of the residents of and visitors to the County, shall be liberally construed to
24 effect(uate) the public purpose(s) hereof. Interpretation of this Resolution shall be construed in
25 favor of the Monroe County Board of County Commissioners, and such construction and
26 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, in
27 bankruptcy, and on appeal.
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29 Section 5. Severability. If any provision of this Resolution, or any part or portion thereof, is held
30 to be invalid or unenforceable by any administrative hearing officer or court of competent
31 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
32 shall neither limit or impair the operation, enforceability, or validity of any other provision of this
33 Resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this Resolution
34 and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force and effect.
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36 Section 6. The Clerk of the Board is hereby directed to forward one (1) certified copy of this
37 Resolution to the Planning and Environmental Resources Department.
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39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
40 Florida, at a regular meeting of the Board held on the 18th day of May , 2022.
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42 Mayor David Rice Yes
43 Mayor Pro Tem Craig Cates Yes
44 Commissioner Michelle Coldiron Yes
45 Commissioner James Scholl Yes
46 Commissioner Holly Merrill Raschein Yes
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MADOK, CLERK
AV ha n�--
AS D]fAJTY dLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR D RICE
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m0r4Rb.E'0Q' W4W, ATTORNEY
-APPfi� .5� TO FOAM
PETER MORRIS
'A8V9TANTZOUNT.-Y ATTORNEY'
Dater 519192
The (')Wy 1jqIA/
92
MONROE CO PLANNING DEFF
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KEY LARC30 FL 33037
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MAY 1% 2022
NOTICE IS HEREBY GIVEN that on Wednesday,
May 18, 2022, the Monroe County Board of
County Commissioners will hold a Public Meeting,
beginning at 09:00 AM. The BOCC meeting Mll be a
hybrid format Mth ffie County corrin'Ossion rnembers
�8:30 a.m. - 5:00P.M, no laterihan five (5)
r� calendar
,daY$ Prior to the scheduled meeting, if you are
"hearing
'MAY 7,2022 KFY WEST CiT17,FN