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HomeMy WebLinkAboutResolution 92-11 . . RESOLUTION NO. 92-11 CITY OF OCOEE A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, RELATING TO DEVELOPMENT REVIEW FEES; ESTABLISHING A SCHEDULE OF FLAT FEES; ESTABLISHING A 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; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 6 of Chapter 2 of Appendix "A" of Code of Ordinances of the City of Ocoee, as adopted by Ordinance No. 92- 15 on July 7, 1992, requires the City Commission of the City of Ocoee to 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 an Application; 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 6 of Chapter 2 of Appendix "A" 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 4It Resolution shall be construed in accordance with the definitions set forth in section 6 of Chapter 2 of Appendix "A" of the Code of Ordinances of the City of Ocoee. SECTION THREE: Schedule of Flat Fees. The City commission of the City of Ocoee hereby adopts and approves the SCHEDULE OF FLAT FEES as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. SECTION FOUR: Schedule of Review Deoosits. The City commission of the city of Ocoee hereby adopts and approves the SCHEDULE OF REVIEW DEPOSITS as set forth in Exhibit "B" attached hereto and by this reference made a part hereof. The 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 6.D.1. of Chapter 2 of Appendix "A" of the Code of Ordinances of the City of Ocoee; and (2) by the City Finance Manager in the circumstances set forth in section 6. D. 3 . of Chapter 2 of Appendix "A" of the Code of Ordinances of the City of Ocoee. SECTION FIVE: Aoolications for Which the Flat Fee Includes all Review Costs. Pursuant to the provisions of section 6.C.2. of Chapter 2 of Appendix "A" 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 2 hereto and by this reference made a part hereof as the applications for which Review Deposits are not required and for which the City Attorney, legal, consultant and engineering fees and costs incurred 4It by the city are included within the Flat Fee. Except for those Applications set forth in Exhibit "C" attached hereto, a Review Deposit shall be paid in accordance with the Schedule of Review Deposits and the Applicant shall be required to pay the applicable Flat Fee and all Review Costs associated with the Application. SECTION SIX: Desiqnation of Additional Aoolications Sub;ect to the Payment of Development Review Fees. Pursuant to Section 6. A. 2 (xi v) of Chapter 2 of Appendix "A" of the Code of Ordinances of the city of Ocoee, the City commission of the City of Ocoee hereby designates those Applications listed in Exhibit "A" hereto as additional Applications within the scope of and subject to the provisions of section 6 of Chapter 2 of Appendix "A" of the Code of Ordinances of the City of Ocoee. SECTION SEVEN: 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. It is the intent of the City Commission that the Development Review Fees established by this Resolution will supersede all Development Review Fees heretofore established by the city. SECTION EIGHT: 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 3 independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION NINE: Effective Date. This Resolution shall . become effective immediately upon passage and adoption. PASSED AND ADOPTED this ~ day of ~JI~A APPROVED: , 1992. ATTEST: CITY OF OCOEE, FLORIDA m ~ ~ JJM..UJ JC;ln Cr;lftOJ1, city Clcr]c Marian B. Green, Acting City Clerk ( SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROV~~AS TO FORM ~D LEGALITY this ~ day of ,Tvl / ' 1992. ::~EY & 7/;)5: ~ City Attorney APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON <l.uL '1 , 1992 UNDER A~ 1ZI..&-. . C:\WP51IDOCSIDEVFEES.RES I 7/7/92: I 8WOlO I PER:jh 4 . EXHIBIT "A" FLAT FEE SCHEDULE(3) APPLICATION Administrative Appeal to Board of Adjustment or City Commission Annexation of Less than 10 acres with Initial Zoning to Zoning classification other than Planned Unit Development Annexation of 10 acres or more with Initial Zoning to Zoning classification other than Planned Unit Development Annexation (without regard to acreage) with Initial Zoning to Planned Unit Development Annexation with Initial Zoning requiring a Developer's Agreement Comprehensive Plan Amendment - Future Land Use Map Amendment Less than 5 acres 5 - 19 acres 20 or more acres - Comprehensive Plan Policy Amendment - Comprehensive Plan Text Amendment (Petition by resident of Ocoee) Deannexation Development of Regional Impact . Development Order for Development Regional Impact (Amendment to) Land Use Plan Amendment for Planned Unit Development (non-substantial change) Land Use Plan Amendment for Planned Unit Development (Determined by the Development Review Committee to be a Substantial Change) FLAT FEE $ l50.00 $ 250.00 (l),(2) $1250.00 (1),(2) $ 950.00 (1) $2000.00 $1050.00 $1500.00 $2100.00 $2l00.00 $ 100.00 $1500.00 $8000.00 $2625.00 $ 310.00 $ 630.00 . Exhibit "A" - Flat Fee Schedule Page 2 APPLICATION FLAT FEE Rezoning (to a Zoning classification Consistent with Comprehensive Plan) $1125.00 Rezoning (to a Zoning classification Inconsistent with Comprehensive Plan) $1125.00 (l) Site Plan Review (or any revisions to a previously approved Site Plan) - Residential l2 - 25 Units 26 - 100 Units More than 100 Units - Non-residential 25,000 to 50,000 square feet 50,000 to lOO,OOO square feet More than 100,000 square feet $ 675.00 $ 700.00 $ 825.00 $ 700.00 $ 750.00 $ 835.00 $ 750.00 Special Exception Subdivision Plan Review (or any revisions to a previously approved Subdivision Plan) - Residential 2 - 20 Lots 21 - 200 Lots More than 200 Lots $l070.00 $1225.00 $1380.00 - Non-residential 2 - 5 Lots 6 - 10 Lots More than 10 Lots - Planned Unit Development $1085.00 $1130.00 $1275.00 $l300.00 . . . Exhibit "A" - Flat Fee Schedule Page 3 APPLICATION FLAT FEE Abandonment and Vacation of Streets and Easements $ 500.00 Variance - Single Family Residential Lot - All other variances $ 100.OO $ 575.00 $ 100.00 Vested Rights Determination NOTES: (1) If requested zoning is inconsistent with Comprehensive Plan, then the Applicant must also apply for a Comprehensive Plan Amendment and pay the applicable Flat Fee in connection with such Comprehensive Plan Amendment. (2) If the City, in its sole discretion, determines that a Developer Agreement is required in connection with an annexation and initial zoning to a zoning classification other than Planned Unit Development, then the Applicant shall pay the indicated Flat Fee for an "Annexation with Initial Zoning requiring a Developer Agreement" which will be in addition to Flat Fee associated with the annexation and initial zoning application. (3) 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 appl i cabl e Revi ew Deposi t set forth in Exhibi t "B" to this Resolution, and (c) all Review Costs associated with such Application. . . EXHIBIT "B" SCHEDULE OF REVIEW DEPOSITS(I) APPLICATION REVIEW DEPOSIT Proposed Subdivision $1000.00 $lOOO.OO Proposed Non-Residential Site Plan Proposed Planned Unit Development Master Plan $lOOO.OO Proposed Multi-Family Development $1000.00 Proposed Apartment Complex $1000.00 $lOOO.OO Application for Determination of Vested Rights (This Review Deposit shall not be required if the applicant currently has a Review Deposit on account with the City in connection with a Project.) Annexation and Initial Zoning Inconsistent with the Comprehensive Plan $2500.00 All other Applications requiring a Review Deposit $lOOO.OO NOTES: (I) 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. . . EXHIBIT "C" LISTING OF APPLICATIONS FOR WHICH THE FLAT FEE INCLUDES ALL REVIEW COSTS(2) Abandonment and Vacation of streets and Easements Application Annexation and Initial Zoning Application (without regard to acreage) for an initial zoning classification consistent with Ocoee Comprehensive Plan, except for applications seeking an initial zoning classification of Planned Unit Development. (1) Deannexation Application Rezoning Application to a zoning classification consistent with the Ocoee Comprehensive Plan, except for applications seeking rezoning to a Planned Unit Development zoning classification. (l) special Exception Application. Variance Application. NOTES: (1) The Applicant for a PUD zoning classification (including Land Use Plan approval) shall be responsible for the payment of all Review Costs in connection therewith. (2) Except for those Applications listed in this Exhibit "elf, 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 "Bit to this Resolution, and (c) all Review Costs associated with the Application. I!' C;\Wl'~1\DOCS\EX.CI71111r.'.1IgwQJO I PER:jh