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Home My WebLink AboutV (A1) Resolution No. 97-04, setting fees for Telecommunications Service Facilities Agenda 5-20-97 Item VA1 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" MAYOR• COMMISSIONER Ocoee S. SCOTT vANDERGRIFT & % �4 • 0 COMMISSIONCHS .. J. - CITY OF OCOEE Rusrv,°"NS°" O. SCOTT ANDERSON v 150 N-I,AKHSHORE DRIVE.' SCOTT A.CLASS CI 1::. .1 ?V OCOEE,FLORIDA 5( 2322 1-2258 IIM GLEASON *et* �Y ��4� (4g7)656-23� CITY MANAGER Of G00I ELLIS SI IAPIRO STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Abra E. Home, Senior Planner _424' THROUGH: Russell B. Wagner, AICP, Director of Planning 01 SUBJECT: Development Review Fees for Telecommunications Services Facilities DATE: May 14, 1997 ISSUE: Should the Mayor and City Commission approve a development review fee schedule for Telecommunications Services Facilities applications? BACKGROUND AND DISCUSSION: With the adoption of Section 5-19 "Telecommunications Services Facilities", a fee schedule is necessary in order to ensure that the costs for review of these applications are paid by the developer. If this fee schedule is approved, the applicant would pay a $675.00 flat fee for a Site Plan Review or a $750.00 flat fee for a Special Exception Review and be required to have a $1,000.00 review deposit on account with the City upon submittal of a Telecommunications Services Facilities application. The applicant would also be responsible for all review costs associated with the review of the application (consultant fees and attorney fees, for example). RECOMMENDATION: Staff respectfully recommends that the Mayor and City Commissioners approve Resolution 97-04. RBW/AEH/csa cc Wanda Horton,Finance Director Ellen King,Executive Secretary,Planning C:CAPDFI LE\STAFFR-1\CCSR-1\SRP9J019.W PD a'/,;/s RESOLUTION NO. 97-04 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO DEVELOPMENT REVIEW FEES; ESTABLISHING AN ADDITIONAL SCHEDULE OF FLAT FEES; ESTABLISHING AN ADDITIONAL SCHEDULE OF REVIEW DEPOSITS; PROVIDING FOR CERTAIN APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTS; DESIGNATING ADDITIONAL APPLICATIONS SUBJECT TO THE PAYMENT OF DEVELOPMENT REVIEW FEES; PROVING THAT THIS RESOLUTION IS SUPPLEMENTAL TO PREVIOUS RESOLUTIONS ESTABLISHING A SCHEDULE OF DEVELOPMENT REVIEW FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1-12 of Chapter 180 of Code of Ordinances of the City of Ocoee authorizes the City Commission of the City of Ocoee to from time-to-time adopt by Resolution a Schedule of Flat Fees, a Schedule of Review Deposits, and a listing of those Applications for which the Flat Fee includes all Review Costs; and WHEREAS,the City staff has presented to the City Commission a report setting forth the estimated average cost of reviewing the Applications which are the subject of this Resolution; and WHEREAS,the Flat Fees and Review Deposits relating to the review of Applications as set forth in this Resolution are an accurate method of assessing the costs of development review functions and ensuring payment thereof. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Section 1-12 of Chapter 180 of Code of Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION TWO. Definitions. All terms used in this Resolution shall be construed in accordance with the definitions set forth in Section 1-12(A) of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION THREE. Additional Schedule of Flat Fees. The City Commission of the City of Ocoee hereby adopts and approves the additional SCHEDULE OF FLAT FEES as set forth in Exhibit"A" attached hereto and by this reference made a part hereof. SECTION FOUR. Additional Schedule of Review Deposits. The City Commission of the City of Ocoee hereby adopts and approves the additional SCHEDULE OF REVIEW DEPOSITS as set forth in Exhibit"B"attached hereto and by this reference made a part hereof. The Additional Schedule of Review Deposits shall be subject to upward adjustment: (1) by the City Manager or his designee on a case-by-case basis in accordance with the procedures set forth in Section 1-12(D)(1) of Chapter 180 of the Code of Ordinances of the City of Ocoee; and (2) by the City Finance Manager in the circumstances set forth in Section 1-12(D)(3) of Chapter 180 of the Code of Ordinances of the City of Ocoee. 2 SECTION FIVE. Applications for Which the Flat Fee Includes All Review Costs. Pursuant to the provisions of Section 1-12(C)(2) of Chapter 180 of the Code of Ordinances of the City of Ocoee, the City Commission of the City of Ocoee hereby designates those Applications set forth in Exhibit "C" attached hereto and by this reference made a part hereof as applications for which a Review Deposit shall be paid in accordance with the Schedule of Review Deposits as set forth in Exhibit"B"hereto and the Applicant shall be required to pay the applicable Flat Fee and all Review Costs associated with such Applications. SECTION SIX. Designation of Additional Applications Subject to the Payment of Development Review Fees. Pursuant to Section 1-12(A)(2)(xiv) of Chapter 180 of the Code of Ordinances of the City of Ocoee, the City Commission of the City of Ocoee hereby designates those Applications listed on Exhibit"D" hereto as additional Applications within the scope of and subject to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION SEVEN. Supplemental to Previous Resolutions. This Resolution is supplemental to Resolution No. 92-11 and any other resolutions which may from time-to-time be adopted by the City Commission of the City of Ocoee pursuant to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION EIGHT. Conflicts. All resolutions, parts of resolutions or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. 3 SECTION NINE. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. 4 SECTION TEN. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this_day of _, 1997. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor FOR USE AND RELIANCE ONLY BY ADVERTISED APRIL 24, 1997 THE CITY OF OCOEE, FLORIDA. ADVERTISED SECOND TIME ON APPROVED AS TO FORM AND LEGALITY MAY 11, 1997 this_day of , 1997. READ FIRST TIME MAY 6, 1997 READ SECOND TIME AND ADOPTED FOWLER, BARICE. AND FEENEY _ Under Agenda Item No. By: Acting City Attorney C:\CAPO FILEFOR MS\FORMS 128.W PO 5 EXHIBIT "A" SCHEDULE OF FLAT FFFS(') APPLICATION FLAT FEE Site Plan Review Telecommunications Service Facilities $ 675.00 Special Exception Telecommunications Service Facilities $ 750.00 NOTES: (1) Except for those Applications set forth on Exhibit"B" to this Resolution, the Applicant shall be required to pay: (a) the Fiat Fee in accordance with the Fiat Fee Schedule set forth in Exhibit"A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B"to this Resolution, and (c) all Review Costs associated with such Application including all expert consultant fees for the review of applications. EXHIBIT"B" SCHEDULE OF REVIEW DEPOSITS (1) APPLICATION REVIEW DEPOSIT Telecommunications Service Facilities $1 000.00 NOTES: (1) Except for those Applications set forth on Exhibit"C"to this Resolution, the Applicant shall be required to pay: (a) the Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit"A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit"B"to this Resolution, and (c) all Review Costs associated with such Application including all expert consultant fees for the review of applications. EXHIBIT"C" LISTING OF APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTV None. NOTES: (1) Except for those Applications listed on this Exhibit "C", the Applicant shall be required to pay: (a) a Flat Fee in accordance with the Flat Fee Schedule set forth in Exhibit "A" to this Resolution, (b) the applicable Review Deposit set forth in Exhibit "B" to this Resolution, and (c) all Review Costs associated with the Application. EXHIBIT "D" LISTING OF APPLICATIONS SUBJECT TO PAYMENT OF FLAT FEE, REVIEW DEPOSIT AND ALL REVIEW COSTS Telecommunications Service Facilities C:'\CAPDFILE\FORMSIFORMS128.WPD