Item P8 P.8
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
April 19, 2023
Agenda Item Number: P.8
Agenda Item Summary #12006
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner(305) 289-2805
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: Approval of a Resolution Amending Resolution No. 151-2022, the
Planning & Environmental Resources Department Fee Schedule, to Add a Fee for Administrative
Appeals Concerning Derelict Vessel Cases and to Repeal Any Other Fee Schedules Inconsistent
Herewith.
ITEM BACKGROUND: The operative fee schedule is amended from time to time in order to
address both necessary changes, such as Code and/or Comprehensive Plan amendments, as well as
changes to ensure various costs incurred throughout the review process by the County and public are
borne by the applicant. In December 2022, the BOCC approved an Interlocal Agreement("ILA")
with the Monroe County Sheriff s Office ("MCSO" or"Sheriff') to provide, through the Florida
Division of Administrative Hearings ("DOAH"), the MCSO with DOAH Administrative Law
Judges ("ALJs")to preside as local hearing officers in adversarial administrative hearings Florida
law requires derelict vessel ("DV") owners, operators, or other responsible parties have an
opportunity to request, and providing the MCSO with administrative and legal resources and
assistance in such cases. As a result of the approval of said ILA, staff is requesting to include these
DV administrative appeal hearings before such ALJs in the operative fee schedule to account for the
overall expense of completing the required review, analysis,preparation, and conduct of such
applications and hearings. Staff is proposing to include this application type as a new line item for
Derelict Vessel Appeals.
PREVIOUS RELEVANT BOCC ACTION:
December 7, 2022—BOCC approval of an Interlocal Agreement(ILA) Rescinding and Replacing a
Previously Approved ILA Between the Monroe County Board of County Commissioners (BOCC)
and the Monroe County Sheriff s Office for the BOCC to Provide Administrative Hearings in
Derelict Vessel Enforcement Cases.
November 15, 2022—BOCC approved Interlocal Agreement(ILA) Between the BOCC and the
Monroe County Sheriff s Office for the BOCC to Provide Administrative Hearings in Derelict
Vessel Enforcement Cases.
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P.8
May 18, 2022—BOCC adopted Resolution No. 151-2022 for the Planning & Environmental
Resources Fee Schedule at a public hearing.
October 17, 2018 —BOCC adopted Resolution No. 346-2018 for the Planning & Environmental
Resources Fee Schedule at a public hearing.
August 17, 2016 —BOCC adopted Resolution No. 152-2016 for the Planning & Environmental
Resources Fee Schedule at a public hearing.
April 15, 2015 —BOCC adopted Resolution No. 118-2015 for the Planning & Environmental
Resources Fee Schedule at a public hearing.
June 19, 2013 —BOCC adopted Resolution No. 183-2013 for the Planning & Environmental
Resources Fee Schedule at a public hearing.
May 15, 2013 —BOCC adopted Resolution No. 158-2013 for the Planning & Environmental
Resources Fee Schedule at a public hearing.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Reso_Planning_Fee_Schedule
Reso. 151-2022
LL.A
FINANCIAL IMPACT:
Effective Date: Upon approval.
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match: N/A
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P.8
Insurance Required: No.
Additional Details:
N/A
REVIEWED BY:
Emily Schemper Completed 04/04/2023 4:23 PM
Peter Morris Completed 04/04/2023 4:25 PM
Purchasing Completed 04/04/2023 4:41 PM
Budget and Finance Completed 04/04/2023 4:42 PM
Brian Bradley Completed 04/04/2023 4:44 PM
Lindsey Ballard Completed 04/04/2023 4:47 PM
Board of County Commissioners Pending 04/19/2023 9:00 AM
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8 MONROE COUNTY, FLORIDA W
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 06
10 RESOLUTION NO. -2023
11 �
12 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
13 COMMISSIONERS AMENDING BOCC RESOLUTION NO. 151-2022, CN
14 THE PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT CN
15 FEE SCHEDULE, TO MODIFY FEES FOR ADMINISTRATIVE
16 APPEALS OF DERELICT VESSEL DETERMINATIONS; AND TO 6
17 REPEAL ANY OTHER FEE SCHEDULES INCONSISTENT
18 HEREWITH. 6
19
20 WHEREAS, the Monroe County Board of County Commissioners wishes to provide the
21 citizens of the County with the best possible service in the most cost effective and reasonable
22 manner; and E
E
23
24 WHEREAS, the Board finds that it would be in the best interests of the general public to 2
25 charge the true cost for such services,thereby placing the burden of such costs directly upon those 0
26 parties deriving the benefit from such services; and U)
27
28 WHEREAS, the updated fee schedule prepared by the Senior Director of the Planning & -
29 Environmental Resources Department for providing these services includes the estimated direct ra
30 costs and reasonable indirect costs associated with the review and processing of planning and 0
31 development approval applications and site plans, on-site biological reviews, appeals,preparation
32 of official documentation verifying existing development rights and other processes and services;
33 and 2
34
35 WHEREAS, the Board has discussed the need to adjust the fee schedule to compensate
36 the county for resources needed in excess of the fee estimates included in the base fees; and
37 U_
38 WHEREAS,applicants for development review and administrative appeals should pay the
39 cost of the review, rather than those funds coming from other sources; and
40
41 WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee �i
42 schedule during a public hearing on April 19, 2023; U)
43
44 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
45 COMMISSIONERS OF MONROE COUNTY FLORIDA:
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P.8.a
I Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
2 legislative intent are true and correct and are hereby incorporated as if fully set forth herein.
3
4 Section 2. Pursuant to Section 102-19(g), the following schedule of fees to be charged by the
5 Planning and Environmental Resources Department to persons filing text amendments, map Ui
6 amendments, land development permit applications, land development approval applications, and
7 land development order applications however styled, and any land development order appeal
8 however styled. The fees established shall generally be nonrefundable; provided, however, the w
9 Planning Director may approve a refund of up to 50 percent of the fee upon good cause shown by 06
10 the applicant and the finding that the refund will not result in Department staff time costs or
11 material costs already expended going unreimbursed.
12
Application Fee N
Administrative Appeals $1,500.00 N
Administrative Relief $1,010.00 UI)
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Alcoholic Beverage Special Use Permit $1,260.00 d
Appeal ROGO or NROGO to BOCC $820.00
Beneficial Use $4,490.00 U)
Biological Site Visit(per visit) $280.00
Biologist Fee (Miscellaneous-per hour $60.00
Boundary Determination $1,200.00
Comprehensive Plan, E
Text Amendment $6,470.00
(plus $850.00 for 2nd BOCC hearing)
Comprehensive Plan, 0
Future Land Use Map (FLUM) Amendment $6,090.00
(plus $850.00 for 2nd BOCC hearing)
4-
Conditional Use, Major, New/Amendment $11,400.00 0
Conditional Use, Minor, New/Amendment $8,480.00
Conditional Use, Minor, $1 240.00
Transfer Development Rights TDR <
Conditional Use, Minor, $1,940.00 2
Transfer Nonresidential Floor Area THE
Conditional Use, Minor, $1 740.00
Transfer ROGO Exemption THE �i
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
Derelict Vessel Appeals $1,500.00
Development Agreement/ 380 Agreement $13,460.00
Development of Regional Impact DRI $28,880.00
Dock Length Special Exception $1,030.00
Front Yard Setback Waiver, Administrative $1,250.00 E
Grant of Conservation Easement $270.00
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Historic Special Certificate of Appropriateness $200.00
Home Occupation Special Use Permit $500.00 U_
Inclusiona HousingExemption $1,110.00 C,
Inclusionary Housing Alternative Compliance $1,110.00 a
Land Development Code Ui
Text Amendment $5 950.00
Land Use District Map, $5 570.00 >
Ma Amendment
06
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 N
NROGO Application - 10,001-50,000 SF $1,260.00
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NROGO Application - 50,001 SF or greater $1,540.00
Planning Fee (Miscellaneous-per hour) $50.00 d
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Parking Agreement $1,010.00 d
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 u
Pre-application with No Letter of Understanding $300.00 <
Pre-application with Letter of Understanding (vacant property) $890.00 a
Pre-application with Letter of Understanding (developed $1 450.00
property) U)
Pre-application with Letter of Understanding only identifying the $250.00
status of a nonconforminguse 4-
0
Pre-application with Letter of Understanding for new antenna- $670.00 ra
supporting structure 0
Preliminary Endangered Species Impact Assessment(SAG) $140.00
Public Assembly Permit $150.00
Dog in Restaurant Permit $150.00 2
Request for Records: Research, development approvals/permits $50.00
and records (per hour)
Right-of-Way Abandonment $1,890.00i
ROGO Application $850.00i
ROGO Land Dedication Letter $240.00
Legislative Time Extension for Development Orders /Permits $250.00
Special Approval for Shoreline Setback Deviations (3 or fewer
dwelling units, LDC Sec. 118-12(o)(2) and infill lots, LDC Sec. $1,000.00 0�
118-12(b)(4)(c.) 0
Temporary Construction Sta in Areas $530.00 W
Temporary Non-emergency Housing (site security for capital $560.00
improvement projects)
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P.8.a
Tier Map Amendment(Zoning Overlay)— $4 670.00 0
Other than IS/URM Platted Lot U-
Tier Map Amendment (Zoning Overlay)—
IS/URM Platted Lot Only $1 970.00
Vacation Rental Exemption Ui
(pursuant to Sec. 134-1(b)) $180.00
Vacation Rental Permit(Initial) $490.00
Vacation Rental Renewal $100.00 W
06
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 N
1 `°�
2 Planning and Environmental Resources Department applications may be subject to the following
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3 additional fees or requirements:
4 d
5 1. For any application that requires a public hearing(s) and/or surrounding property owner U)
6 notification, advertising and/or notice fees; $245.00 for newspaper advertisement and
7 $3.00 per property owner notice.
8
9 2. Affordable Housing: There shall be no application or other fees, except advertising and
10 noticing fees, for affordable housing projects, except that all applicable fees shall be
11 charged for applications for all development approvals required for any development under
12 Sec. 139-2 of the Monroe County Code and for applications for variances to setback, 0
13 landscaping and/or off-street parking regulations associated with an affordable housing W
14 development. CU
4-
15 0
16 3. There shall be no application or other fees, except advertising and noticing fees, for
17 property owners who apply for a map amendment to the official LUD map and/or the
18 official FLUM, if the property owner can provide satisfactory evidence that a currently, �
19 lawfully existing use on the site, also existed lawfully in 1992 and was deemed 2
20 nonconforming by final adoption of the LUD map and/or a currently, lawfully existing use ,�
21 on the site, also existed lawfully on the site in 1997 and was deemed nonconforming by
22 final adoption of the FLUM. To qualify for the fee exemption,the applicant must apply for
23 a LUD and/or FLUM designation(s) that would eliminate the non-conforming use created
24 with adoption of the existing designation(s) and not create an adverse impact to the
25 community.Prior to submittal of a map amendment application,the applicant must provide
26 the evidence supporting the change and application for a fee exemption with the proposed
27 LUD map/FLUM designations to the Monroe County Planning & Environmental
28 Resources Department as part of an application for a Letter of Understanding. Following a 0�
29 review, the Director of Planning & Environmental Resources shall determine if the
30 information and evidence is sufficient, and whether the proposed LUD map and/or FLUM
31 designations are acceptable for the fee waiver, and approve or deny the fee exemption
32 request. This fee waiver Letter of Understanding shall not obligate the staff to recommend
33 approval or denial of the proposed LUD or FLUM Category.
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1 4. Hearing fees: applicant shall pay half the cost of the hourly rate,travel and expenses of any
2 hearing officer. The r,,,,� , etit+ently ehar-ged $ 42 00 per- h,,,,,- by r,epaftfflo„t U_
3 . If the fee charged to the County is increased,the chargeCL
4 will change proportionately. An estimated amount of one-half of the hearing officer costs a
5 as determined by the County Attorney shall be deposited by the applicant along with the Ui
6 application fee, and shall be returned to the applicant if unused.
7
8 5. Base fees listed above include a minimum of (when applicable) two (2) internal staff W
9 meetings with applicants; one (1) Development Review Committee meeting, one (1) 06
10 Planning Commission public hearing; and one (I) Board of County Commission public
11 hearing. If this minimum number of meetings/hearings is exceeded,the following fees shall
12 be charged and paid prior to the private development application proceeding through public 0-
13 hearings:
14 N
15 a. Additional internal staff meeting with applicant ..........................$500.00 LO
16 b. Additional Development Review Committee public hearing ......$600.00 6
17 c. Additional Planning Commission public hearing ........................$700.00
18 d. Additional Board of County Commissioners public hearing .......$850.00 6
19
20 The Planning Director or designee shall assure these additional fees are paid prior to
21 hearing scheduling. These fees apply to all applications filed after September 15, 2010.
22
23 6. Applicants for Administrative Appeal, who prevail after all appeals have been decided or
24 where the appeal period(s) has expired, shall have the Administrative Appeal application
25 fee refunded. A full refund does not require approval by the Board of County
26 Commissioners; however, if the appellant only prevails on a portion of their appeal, the U)
27 Board of County Commissioners shall determine the amount of the refund.
28 0
29 7. Concerning the application fees to amend the tier maps, the lesser application fee of ra
30 $1,970.00 is only available for applications to amend the tier designation of a single URM 0
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31 or IS platted lot. It may not be used to amend the tier designation of more than one lot. CL
32 <
33 8. Applicants for any processes listed above, and reviews and waivers pursuant to Article III. 2
34 Parking and Loading, that are required to provide transportation studies related to their
35 development impacts shall be required to deposit a fee of$5,000 into an escrow account to
36 cover the cost of experts hired by the Planning and Environmental Resources Department asp
37 to review the transportation, parking and other related studies submitted by the applicants
38 as part of the development review process or any map or text amendment submitted by a
39 private applicant. Any unused funds deposited by the applicant will be returned upon
40 permit or amendment approval. Monroe County shall obtain an estimate from the
41 consultant they intend to hire to review the transportation,parking and other related studies �i
42 for accuracy and methodology and if the cost for the review on behalf of Monroe County U)
43 is higher than the $5,000, applicant shall remit the estimated amount. Any unused funds W
44 deposited by the applicant will be returned upon permit approval.
45 E
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P.8.a
1 9. Applicants for any processes listed above that may require a technical review or study by
2 a third-parry shall bear the cost of such review. At the request of the Senior Director of U_
3 Planning and Environmental Resources, Applicants shall be required to deposit a fee ofCL
4 $5,000 into an escrow account to cover the cost of experts hired by the Planning and a
5 Environmental Resources Department to review related studies and reports submitted by Ui
6 the applicant, or conduct studies and reports required to be conducted by the County
7 pursuant to Florida Statutes or federal regulation,as part of the development review process
8 or any map or text amendment submitted by a private applicant. Any unused funds W
9 deposited by the applicant will be returned upon permit or amendment approval. Monroe 06
10 County shall obtain an estimate from the consultant they intend to hire to review and/or
11 conduct the required studies for accuracy and methodology and if the cost for the review
12 on behalf of Monroe County is higher than the $5,000, applicant shall remit the estimated 0-
13 amount. Any unused funds deposited by the applicant will be returned upon permit
14 approval. N
15 LO
16 Section 3. Any other fees schedules or provisions of the Monroe County Code inconsistent 6
17 herewith are hereby repealed.
18 6
19 Section 4. Construction and Interpretation. The interpretation of this Resolution, and all
20 provisions of the Monroe County Codes, Comprehensive Plan, floodplain management
21 regulations, and Florida Building Code whose interpretation arises out of, relates to, or is
22 interpreted in connection with this Resolution, these being necessary for the health, safety, and E
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23 welfare of the residents of and visitors to unincorporated Monroe County, shall be construed in
24 favor of the Monroe County Board of County Commissioners and such interpretations shall be 2
25 entitled to great weight in adversarial administrative proceedings, at trial, and on appeal. 0
26 )
27 Section 5. Severability, Partial Invalidity, and Survival of Provisions. If any provision of this
28 resolution, or any section, subsection, or part or portion thereof, is held to be invalid or -
29 unenforceable by any administrative hearing officer or court of competent jurisdiction, the ra
30 invalidity or unenforceability of such provision, or part or portion thereof, shall neither limit nor 0
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31 impair the operation, enforceability, or validity of any other provisions of this resolution, or any CL
32 remaining section(s), subsection(s), part(s), or portion(s) thereof. All other provisions, parts, and <
33 portions thereof shall continue unimpaired in full force and effect. 2
34
35 Section 6. The Clerk of the Board is hereby directed to forward one (1) certified copy of this
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36 Resolution to the Planning and Environmental Resources Department. asp
37 U_
38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
39 Florida, at a regular meeting of the Board held on the 191h day of April, 2023.
40
41 Mayor Craig Cates LI
42 Mayor Pro Tem Holly Merrill Raschein U)
43 Commissioner James K. Scholl
44 Commissioner David Rice
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45 Commissioner Michelle Lincoln E
46
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5 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS Ui
6 OF MONROE COUNTY, FLORIDA
7 >
8 As Deputy Clerk By: w
9 Mayor Craig Cates
10 (SEAL)
MONAOE COU+4TY ATTORNEY
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8 MONROE COUNTY, FLORIDA
9 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
10 RESOLUTION NO. 151 -2022
11
12 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY >
13 COMMISSIONERS AMENDING RESOLUTION NO. 346-2018, THE
14 PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT FEE 06
15 SCHEDULE, TO MODIFY FEES FOR REVIEWS OF SPECIAL
16 APPROVALS FOR SHORELINE SETBACK DEVIATIONS
17 PURSUANT TO CODE SECTION 118-12 AND HEARING FEES; AND
18 TO REPEAL ANY OTHER FEE SCHEDULES INCONSISTENT CN
19 HEREWITH.
20 Ul)
21 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Board", 6
22 "Monroe County", or the "County") wishes to provide the citizens of the unincorporated county
23 with the best possible service in the most cost effective and reasonable manner; and U)
24
25 WHEREAS, the Board finds that it would be in the best interests of the general public to
26 charge the true cost for such services,thereby placing the burden of such costs directly upon those
27 parties deriving the benefit(s) from such services; and
28
29 WHEREAS, the updated fee schedule prepared by the Monroe County Planning and 2
30 Environmental Resources Department for providing these services includes the estimated direct 0
31 costs and reasonable indirect costs associated with the review and processing of planning and
32 development approval applications and site plans, on-site biological reviews, appeals,preparation
33 of official documentation verifying existing development rights and other processes and services; 0
34 and
35
36 WHEREAS, the Board has discussed the need to adjust the fee schedule to compensate CL
37 the County for the resources expended/needed in excess of the fee estimates included in the base <
38 fees; and N
39 �'
40 WHEREAS, applicants for development review should pay such costs, rather than thoseLO
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41 funds coming from other sources; and 6
42
43 WHEREAS, the Board heard testimony and evidence presented as to the appropriate fee
44 schedule during a public hearing on May 18, 2022;
45
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I NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
2 COMMISSIONERS OF MONROE COUNTY FLORIDA:
3
4 Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of 0
5 legislative intent are true and correct and are hereby incorporated as if fully set forth herein.
6
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 Ui
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 W
14 material costs already expended going unreimbursed. 6
15
Application Fee
Administrative Appeals $1,500.00
Administrative Relief $1,010.00
Alcoholic Beverage Special Use Permit $1,260.00
T-
Appeal ROGO or NROGO to BOCC $820.00
Beneficial Use $4,490.00 6
Biological Site Visit(per visit $280.00 d
Biologist Fee (Miscellaneous-per hour) $60.00
Boundary Determination $1,200.00
Comprehensive Plan,
Text Amendment $6,470.00
(plus $850.00 for 2nd BOCC hearing)
d
Comprehensive Plan,
Future Land Use Map (FLUM) Amendment $6,090.00
(plus $850.00 for 2nd BOCC hearing) 0
Conditional Use, Major, New/Amendment $11,400.00 W
Conditional Use, Minor, New/Amendment $8,480.00 ,-
Conditional Use, Minor, 0
Transfer Development Rights (TDR) $1 240.00
0
Conditional Use, Minor, $1 940.00
Transfer Nonresidential Floor Area(TRE) <
Conditional Use, Minor, $1,740.00 N
Transfer ROGO Exemption (TRE) N
Conditional Use, Minor/Major, Minor Deviation $1,770.00
Conditional Use, Minor/Major, Major Deviation $3,500.00 6
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
d
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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 g
.
Home Occupation Special Use Permit $500.00 0
Inclusionary Housing Exemption $1,110.00
Inclusionary Housing Alternative Compliance $1,110.00
Land Development Code, U_
Text Amendment $5 950.00
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Land Use District Map,
Ma Amendment $5 570.00Ui
Letter of Current Site Conditions $940.00
Letter of Development Rights Determination $2,210.00
Letter of ROGO Exemption $220.00 06
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 Q
Parking Agreement $1,010.00
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Planning Site Visit $130.00 It-
Platting, lot line adjustment $930.00
Platting, 5 lots or less $4,020.00 6
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
$1,450.00
property) �
Pre-application with Letter of Understanding only identifying the 2
status of a nonconforming use $250.00
0
Pre-application with Letter of Understanding for new antenna- U)
supporting structure $670.00
Preliminary Endangered Species Impact Assessment(SAG) $140.00 0
Public Assembly Permit $150.00
Dog in Restaurant Permit $150.00
Request for Records: Research, development approvals/permits
and records (per hour $50.00
N
Right-of-Way Abandonment $1,890.00 N
ROGO Application $850.00 leg
ROGO Land Dedication Letter $240.00
Legislative Time Extension forDevelo ment Orders /Permits $250.00 6
U)
Special Approval for Shoreline Setback deviations (3 or fewer
dwelling units, Sec. 118-12(o)(2) and infill lots, Sec. 118- $1,000.00
12b 4c.
Temporary Construction Staging Areas $530.00
3 of 7
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Temporary Non-emergency Housing (site security for capital $560.00
improvement projects) S
Tier Map Amendment(Zoning Overlay)— $4 670.00 2
Other than IS/URM Platted Lot 0
Tier Map Amendment (Zoning Overlay)— $1 970.00
IS/URM Platted Lot Only
Vacation Rental Exemption U_
(pursuant to Sec. 134-1 b $180.00
Vacation Rental Permit(Initial) $490.00
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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 06
Variance, Administrative $1,250.00
Vested Rights Determination $2,250.00
1
2 Planning and Environmental Resources Department applications may be subject to the following
3 additional fees or requirements:
4 `�
5 1. For any application that requires a public hearing(s) and/or surrounding property owner
It-
6 notification, advertising and/or notice fees; $245.00 for newspaper advertisement and
7 $3.00 per property owner notice. d
8
9 2. Affordable Housing: There shall be no application or other fees, except advertising and
10 noticing fees, for affordable housing projects, except that all applicable fees shall be
11 charged for applications for all development approvals required for any development under
12 Sec. 139-2 of the Monroe County Code and for applications for variances to setback,
13 landscaping and/or off-street parking regulations associated with an affordable housing
14 development.
15 U)
16 3. There shall be no application or other fees, except advertising and noticing fees, for W
17 property owners who apply for a map amendment to the official LUD map and/or the ,CU
18 official FLUM, if the property owner can provide satisfactory evidence that a currently, 0
19 lawfully existing use on the site, also existed lawfully in 1992 and was deemed
LM
20 nonconforming by final adoption of the LUD map and/or a currently, lawfully existing use
21 on the site, also existed lawfully on the site in 1997 and was deemed nonconforming by <
22 final adoption of the FLUM. To qualify for the fee exemption,the applicant must apply for N
23 a LUD and/or FLUM designation(s) that would eliminate the non-conforming use created Q
24 with adoption of the existing designation(s) and not create an adverse impact to the leg
25 community.Prior to submittal of a map amendment application,the applicant must provide
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26 the evidence supporting the change and application for a fee exemption with the proposed U)
27 LUD map/FLUM designations to the Monroe County Planning & Environmental
28 Resources Department as part of an application for a Letter of Understanding. Following a
29 review, the Director of Planning & Environmental Resources shall determine if the
30 information and evidence is sufficient, and whether the proposed LUD map and/or FLUM
31 designations are acceptable for the fee waiver, and approve or deny the fee exemption
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I request. This fee waiver Letter of Understanding shall not obligate the staff to recommend
2 approval or denial of the proposed LUD or FLUM Category.
3
4 4. Hearing fees: applicant shall pay half the cost of the hourly rate,travel and expenses of any 0
5 hearing officer.
6
7 An estimated amount of one-half of the hearing officer costs
8 as determined by the County Attorney shall be deposited by the applicant along with the
9 application fee, and shall be returned to the applicant if unused.
10 Ui
11 5. Base fees listed above include a minimum of (when applicable) two (2) internal staff
12 meetings with applicants; one (1) Development Review Committee meeting, one (1)
13 Planning Commission public hearing; and one (I) Board of County Commission public W
14 hearing. If this minimum number of meetings/hearings is exceeded,the following fees shall 6
15 be charged and paid prior to the private development application proceeding through public
16 hearings:
17
18 a. Additional internal staff meeting with applicant ..........................$500.00 N
19 b. Additional Development Review Committee public hearing ......$600.00 N
20 c. Additional Planning Commission public hearing ........................$700.00 LO
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21 d. Additional Board of County Commissioners public hearing .......$850.00 6
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23 The Planning Director or designee shall assure these additional fees are paid prior to U)
24 hearing scheduling. These fees apply to all applications filed after September 15, 2010.
25
26 6. Applicants for Administrative Appeal, who prevail after all appeals have been decided or
27 where the appeal period(s) has expired, shall have the Administrative Appeal application
28 fee refunded. A full refund does not require approval by the Board of County
29 Commissioners; however, if the appellant only prevails on a portion of their appeal, the
30 Board of County Commissioners shall determine the amount of the refund. 0
31
32 7. Concerning the application fees to amend the tier maps, the lesser application fee of
33 $1,970.00 is only available for applications to amend the tier designation of a single URM 0
34 or IS platted lot. It may not be used to amend the tier designation of more than one lot.
35
36 8. Applicants for any processes listed above, and reviews and waivers pursuant to Article III.
37 Parking and Loading, that are required to provide transportation studies related to their
38 development impacts shall be required to deposit a fee of$5,000 into an escrow account to N
39 cover the cost of experts hired by the Planning and Environmental Resources Department N
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40 to review the transportation, parking and other related studies submitted by the applicant
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41 as part of the development review process or any map or text amendment submitted by a 6
42 private applicant. Any unused funds deposited by the applicant will be returned upon
43 permit or amendment approval. Monroe County shall obtain an estimate from the
44 consultant they intend to hire to review the transportation,parking and other related studies 0
45 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.
3
4 9. Applicants for any processes listed above that may require a technical review or study by 0
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 U_
8 Environmental Resources Department to review related studies and reports submitted by C
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 U)
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 W
14 conduct the required studies for accuracy and methodology and if the cost for the review 6
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_
18 N
19 Section 3. Any other fees schedules or provisions of the Monroe County Code inconsistent N
20 herewith are hereby repealed. LO
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21 6
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 U)
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.
28
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 0
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 0
34 and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
35
36 Section 6. The Clerk of the Board is hereby directed to forward one (1) certified copy of this CL
37 Resolution to the Planning and Environmental Resources Department. CN
38 `N
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39 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, `N
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40 Florida, at a regular meeting of the Board held on the 18th day of May , 2022. V_
41 6
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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2 BOARD OF COUNTY COMMISSIONERS
3 OF MONROE COUNTY, FLORIDA 0
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5 BY:
MAYOR ieAqD RICE u-
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I ATT KEVIN MADOK, CLERK Date: 519192 06
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15 AS D]fAJTY dLERK
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INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement" or"ILA") is entered into by and
between the Monroe County Sheriff's Office ("MCSO") and the Board of County
Commissioners of Monroe County, Florida.
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WITNESSETH:
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WHEREAS, the Board of County Commissioners of Monroe County, Florida ("BOCC",
"Monroe County", or"County") is the legislative body of Monroe County, Florida; and
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WHEREAS, the constitutional office of the MCSO is established pursuant to Fla. Const.
Art. VIII, § L(d); and
WHEREAS, the waters surrounding the Florida Keys of Monroe County, Florida, are
06
situated within the boundaries of the Florida Keys National Marine Sanctuary and have, since
July 26, 2001, been designated a federal No Discharge Zone ("NDZ")by the United States
Environmental Protection Agency pursuant to Title 40, Chapter I, Subchapter D, Part 140,
Section 140.4(b)(1)(ii), as may be amended from time to time; and
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WHEREAS, derelict vessels constitute a public nuisance, hazards to navigation, and give N
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rise to serious adverse environmental impacts; and LO
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WHEREAS, derelict vessels, the owners and operators of derelict vessels, and natural or
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legal persons responsible for derelict vessels, are subject to liability under Title XLVI
("Crimes"), Chapter 823 ("Public Nuisances"), at Fla. Stat. § 823.11; and
WHEREAS, under Fla. Stat. § 705.101(3), the term "abandoned property" includes
"derelict vessels" as defined in Fla. Stat. § 823.11; and E
WHEREAS, the relocation, removal, storage, dismantlement, destruction, or disposal of g
derelict vessels has caused, and causes, the BOCC and MCSO to incur significant costs and to 0
expend significant expense and resources; and
WHEREAS, the Florida Division of Administrative Hearings ("DOAH"), as authorized 0
by Fla. Stat. § 120.65(6), has agreed to provide the BOCC with Administrative Law Judges
("ALJs") serving local administrative hearing officers; and
WHEREAS, the BOCC and MCSO mutually desire to ensure and enhance
intergovernmental coordination of derelict vessel enforcement efforts; and
WHEREAS, this Agreement is entered into pursuant to Fla. Stat. § 163.01, et seq., the u
Florida Interlocal Cooperation Act of 1969; and
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WHEREAS, the BOCC previously approved an ILA to this effect at the November 15
2022, meeting of the Board; and
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WHEREAS, this ILA contains changes to two sections that were requested by the
MCSO; and
WHEREAS, the Board desires to accommodate and approve those requested changes;
and
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WHEREAS, the BOCC and MCSO find that this ILA is necessary and in the interest of
the public health, safety, and welfare;
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NOW THEREFORE, in consideration of the mutual consideration and promises set
forth below, the parties agree as follows:
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Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated herein. >
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Section 2. Rescission and Replacement of Previously Approved ILA. The ILA
previously approved by the Board is and shall be deemed rescinded and replaced upon
the Board's approval of this ILA.
Section 3. Powers and Duties Relating to Derelict Vessel Investigation, Enforcement, N
and Administrative Hearings. The powers and duties of the BOCC and MCSO, in N
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connection with derelict vessel investigation and enforcement and quasi-judicial hearings LO
timely and properly requested thereto, shall be as follows:
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1. The MCSO conducts a derelict vessel ("DV")investigation and prepares a case to U)
move forward. MCSO will provide notice of the right to hearing and County
contact information to known owners of the vessels in question.
2. County will notify MCSO promptly if such hearing is requested.
3. Members of the Monroe County Attorney's Office and Marine Resources Office E
meet with the relevant MCSO deputy (or deputies)to review the case and confirm
readiness for hearing. 2
4. The Monroe County Marine Resources Office notifies the DOAH Clerk of the 0
new case(s) and the need for a hearing.
5. The DOAH Clerk assigns an AU to the matter, assigns a case number, and sends
out a notice of hearing to the DV petitioner(i.e., the DV owner, DV operator, or 0
other person or entity responsible for the DV), the MCSO, and the Monroe >
County Attorney's Office.
6. A member of the Monroe County Attorney's Office presents the Respondent's
case at the DOAH hearing, with one or more member(s) of the MCSO testifying
and offering in supporting documentary evidence to sustain the prepared case.
7. If Monroe County prevails, the DOAH AU issues a final order declaring the
vessel to be derelict and subject to removal, storage, dismantlement, destruction,
and/or disposal.
8. Once that final order becomes final, the Monroe County Marine Resources Office
shall work with a marine contractor to have the vessel made subject to removal
storage, dismantlement, destruction, and/or disposal.
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Section 4. Discretionary Invocation of Administrative Hearings. The foregoing
process and administrative hearing thereto shall not occur with every DV investigation
and enforcement effort. The foregoing process and administrative hearing shall only need
to occur if there is a responsible DV party identified and they choose the option of an
administrative hearing within twenty-one (21) calendar days of receipt of the Notification
of Rights package from the respective law enforcement officer. Stated otherwise, the 0
above-referenced DOAH process shall only be used if the responsible DV parry timely
requests an administrative hearing within the allowed 21-day time-frame measured from
receipt of the Notification of Rights package. Any charges resulting from a DV
investigation/enforcement action, being within the remit of the State Attorney for the 161h
Judicial Circuit, shall not be considered within the scope of the process outlined above.
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Section 5. Funding. Payment of the DOAH costs arising from the process outlined above
shall be paid by the BOCC, from the BOCC - Marine Resources Office's County BIF >
budget. w
06
Section 6. Duration. The term of this interlocal agreement shall be for five (5) years,
renewable for additional individual terms, each such term lasting for the same five (5)
year duration, upon the written consent of both parties. If Notice of Termination is given
by one parry to the other, this Agreement shall terminate thirty (30) days after receipt of
such Notice of Termination.
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Section 7. Indemnification. MCSO, as a political sub-division of the State of Florida as d
defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the limits set
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forth in such statute for its own negligent acts or omissions, or intentional tortious U)
actions, which result in claims or suits against either County or MCSO, and agrees to be
liable to the statutory limits for any damages proximately caused by said acts or
omissions, or intentional tortious acts. The County, as a political sub-division of the State
of Florida, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to �E
the limits set forth in such statute for its own negligent acts or omissions, or intentional
tortious acts, which result in claims or suits against either MCSO or County, and agrees 2
to be liable to the statutory limits for any damages proximately caused by said acts or 0
omissions, or intentional tortious acts. Nothing contained in this Section shall be
construed to be a waiver by either party of any protections under sovereign immunity,
Section 768.28 Florida Statutes, or any other similar provision of law. Nothing contained 0
herein shall be construed to be a consent by either party to be sued by third parties in any >
matter arising out of this or any other Agreement.
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Section 8. Notices. All notices, requests, demands, elections, consents, approvals, and
other communications hereunder must be in writing and addressed as follows, or to any
other address which either party may designate to the other parry by mail:
If to Monroe County: Roman Gastesi, Jr.
County Administrator 0
Monroe County
Historic Gato Building
1100 Simonton Street U-
Key West, Florida 33040 C
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With a copy to: Robert B. Shillinger, Esq.
Monroe County Attorney's Office
1111 12Ih Street, Suite 408 a
P.O. Box 1026 W
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Key West, Florida 33041-1026
If to Sheriff: Sheriff Rick Ramsay
Administration Headquarters
5525 College Road N
Key West, FL 33040 N
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With a copy to: Patrick McCullah, Esq. d
MCSO General Counsel
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Monroe County Sheriff s Office )
5525 College Road
Key West, FL 33040
Any Notice required by this Agreement to be given or made within a specified period of
time, or on or before a date certain, shall be deemed to have been duly given if sent by
certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by g
overnight delivery service. 0
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Section 9. Regulatory Powers.
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9.1 Nothing contained herein shall be construed as waiving either party's regulatory >
approval or enforcement rights or obligations as it may relate to regulations of
general applicability, which may govern the Agreement.
9.2 Nothing herein shall be deemed to create an affirmative duty of either party to
abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in accordance
with ordinances, rules and regulations, federal laws and regulations, and state
laws and regulations.
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Section 10. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of Florida. Exclusive venue for any litigation or mediation
arising out of this Agreement shall be in the 161h Judicial Circuit in and for Monroe County,
Florida. This Agreement is not subject to arbitration.
Section 11. Access to Public Records. Each party shall comply with all public records 0
and records retention requirements mandated by Section 24, Article I, of the Florida
Constitution, and general law including but not confined to Chapter 119, Florida Statutes, and
shall keep such records as are necessary to document the performance of the Agreement. It is the
responsibility of each party to maintain their own respective records and to grant each other
reasonable access and inspection of such records, as authorized by Florida law, as may be
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necessary in the performance of the Agreement.
Section 12. Non-Assignability. This Agreement shall not be assignable by either party >
unless such assignment is first approved by both parties. W
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Section 13. No Third-Party Beneficiaries.Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party. No person
or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any service or program N
contemplated hereunder, and the MCSO and the County agree that neither the MCSO nor the N
County or any agent, officer, or employee of either shall have the authority to inform, counsel, or LO
otherwise indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the
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community in general or for the purposes contemplated in this Agreement.
Section 14. Non-Waiver of Immunity. Notwithstanding the provisions of Section
768.28, Florida Statutes, the participation of the County and the MCSO in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local E
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the MCSO or County be 2
required to contain any provision for waiver. 0
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Section 15. Privileges and Immunities. All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, 0
workers' compensation, and other benefits which apply to the activity of officers, agents, or
employees of any public agents or employees of the County, and MCSO, when performing their
respective functions under this Agreement within the territorial limits of the county shall apply to
the same degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the county.
Section 16. Independent Status. The professional staff, vendors, and contractors of
Monroe County shall be independent and/or independent contractors and not agents or
employees of the MCSO with respect to all of the acts and services performed by and under the
terms of this Agreement. This Agreement shall not in any way be construed to treat the
professional staff, officers, or representatives of the MCSO to be agents or employees of the
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BOCC, nor shall this Agreement in any way be construed to treat the professional staff, officers,
or representatives of the BOCC to be agents or employees of the MCSO.
Section 17. Severability. If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction or administrative hearing 0
officer, the remaining terms, covenants, conditions and provisions of this Agreement, shall not
be affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless
the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement. The County and
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MCSO agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
Section 18. Survival of Provisions. Any terms or conditions of either this Agreement
06
that require acts beyond the date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either parry.
Section 19. Waiver. The failure of either party to this Agreement to object to or to take N
affirmative action with respect to any conduct of the other which is in violation of the terms of N
this Agreement shall not be construed as a waiver of the violation or breach, or of any future LO
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violation, breach or wrongful conduct. d
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Section 20. Authority. Each parry represents and warrants to the other that the execution, U)
delivery and performance of this Agreement have been duly authorized by all necessary
governmental and corporate action, as required by law.
Section 21. Section Headings. Section headings have been inserted in this Agreement as
a matter of convenience of reference only, and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of this g
Agreement. 0
Section 22. Execution in Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which taken -
together shall constitute one and the same instrument and any of the parties hereto may execute ra
this Agreement by signing any such counterpart. 0
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Section 23. Integration.
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23.1 This writing contains the entire Agreement of the parties and supersedes any prior
oral or written representations. No representations were made or relied upon by
either parry, other than those that are expressly set forth herein. E
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23.2 No agent, employee, or other representative of either party is empowered to
modify or amend the terms of this Agreement, unless executed with the same
formality as the parties' preceding duly-executed Agreement.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as indicated
below.
BOARD OF COUNTY COMMISSIONERS 0
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OF MONROE OUNTY, FLORIDA
By:
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AT evin Madok, Clerk APPROVED AS 1-0 FORM RM ND MONSOECO FIN W
LEGAL SUFFICIf,"NCY BY: APT FORM
PIETER MORF"
By: ASSISTANT('=NV A a
As Deputy Clerk
Assistant County Attorney Peter H. Morris CN
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MONROE COUNTY SHERIFF'S OFFICE T-
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Monroe County Sheriff Rick Ramsay
Date:
APPROVED AS TO FORM AND E
LEGAL SUFFICIENCY BY:
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General Counsel Patrick McCullah
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