HomeMy WebLinkAboutResolution 99-03
RESOLUTION NO. 99-03
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; PROVIDING THAT THIS
RESOLUTION IS SUPPLEMENTAL TO PREVIOUS
RESOLUTIONS; ESTABLISHING A SCHEDULE OF FLAT
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
006.121871.1
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(I) 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.
SECTION FIVE. Applications for Which the Flat Fee Includes All
Review Costs. Pursuant to the provisions of Section 12-1.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 Review Deposits are not
006.121871.1
2
required and for which the City Attorney, legal, consultants, and engineering fees and
costs incurred by the City are included within the Flat Fee.
SECTION SIX.
Applications for Which Review Deposits are Required.
With respect to those Applications set forth in Exhibit "D" attached hereto, 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 SEVEN. Desi~nation 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" A" 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 EIGHT. Supplemental to Previous Resolutions. This Resolution
is supplemental to Resolution Nos. 92-11, 92-19, and any other resolutions which have
heretofore been or may from time to time hereafter 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 NINE. 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.
SECTION TEN.
Severability. If any section, subsection, sentence, clause,
phrase, or portion of this Resolution is for any reason held invalid or unconstitutional
006.121871.1
3
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.
SECTION ELEVEN. Effective Date. This Resolution shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this ~ day of J""'IJc.t~'1
APPROVED:
ATTEST:
(SEAL)
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE.
APPROVED AS TO FORM AND
LEGALITY THIS .t) DAY OF
cr~r\\J6'7 ~mL.
FOLEY & LARDNER
By: f~t{ r&dij
City Attorney
006.121871.1
,1999.
CITY OF OCOEE, FLORIDA
n
.c:",.."'.'l i
"'\ .[,> ') ..
('\ ~ / (),.I'\...B. '
S. SCOTT VANDERGRIFT,
APPROVED BY THE OCOEE CITY
COMMISSION UNDER AGENDA
ITEM NO. ir Frr \ e .
4
EXHIBIT" A"
FLAT FEE SCHEDULE!
APPLICATION
FLAT FEE
Application for Conceptual Approval within
Special Overlay Areas Consistent with the
Adopted Special Development Plan
$750.00
1 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.
006.121871.1
5
EXHIBIT "B"
SCHEDULE OF REVIEW DEPOSITS 2
APPLICATION
REVIEW DEPOSIT
Application for Conceptual Approval within
Special Overlay Areas Consistent with the
Adopted Special Development Plan
$1,000.00
2NOTES:
(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.
(2)
The Review Deposit set forth above shall not be required if the Applicant
currently has a Review Deposit on account with the City in connection with the
Project which is the subject of the Application.
006.121871.1
6
EXHIBIT" C"
LISTING OF APPLICATIONS FOR WHICH
THE FLAT FEE INCLUDES ALL
REVIEW COSTS3
NONE
3 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.
006.121871.1
7
EXHIBIT "D"
LISTING OF APPLICATIONS SUBJECT
TO PAYMENT OF FLAT FEE, REVIEW
DEPOSIT AND ALL REVIEW COSTS
Application for Conceptual Approval within Special Overlay Areas Consistent with the
Adopted Special Development Plan
006.121871.1
8