Resolution 1990-478 .;. •
` 0. RESOLUTION NO. 90- tan OCTOBER 2, 1990
' A RESOLUTION SETTING FORTH THE FEE SCHEDULE
r' FOR APPLICATIONS FOR DETERMINATION OF VESTED
RIGHTS AND FOR APPEALS PURSUANT TO THE ZONING
iREEVALUATION ORDINANCE AND THE ADEQUATE PUBLIC
FACILITIES ORDINANCE.
WHEREAS, the Collier County Zoning Reevaluation Ordin-
,, ance, Ordinance No. 90-23, sets forth the criteria and
'' proce-
dure for a determination of vested rights; and
WHEREAS, the
procedure as set forth in Section 11.3
I fp 4, of tha Zoning Reevaluation Ordinance requires a written
" - application to be submitted to the Growth Planning Director
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4." accompanied by an application fee; and
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ti' WHEREAS, the Zoning Reevaluation Ordinance provides for
, the application fee to be determined by the Board of County
1-- Commissioners; and
r :(4 WHEREAS, the Zoning Reevalution Ordinance at Section
F 11.8 sets forth a procedure for appeal to the Board of County
i
1 Commissioners of the vested rights determination made by the
hearing officer and provides for a fee to be paid by the owner
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...k4-. for the application and processing of an owner-initiated
E'. _. ; ? , appeal; and
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: * WHEREAS, the Zoning Reevaluation Ordinance provides for
s the appeal fee to be determined by the Board of County '
Commissioners; and
-, :4"
tWHEREAS, the Collier CountyAdequate quate Public Facilities
Ordinance, Ordinance No. 90-24, sets forth the criteria and
I- : { :, procedure for a determination of vested rights for adequate
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public facilities; and
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6. WHEREAS, the procedure as set forth in Section 8.2.8.1
. . of the Adequate Public Facilities Ordinance requires a written
application to be submitted to the Growth Management Director
. :_ accompanied by an application fee; and
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it 'Ll. WHEREAS, the Adequate Public Facilities Ordinance pro-
vides for the application fee to be determined by the Board of
i`s.
County Commissioners; and
WHEREAS, the Adequate Public Facilities Ordinance at
Section 8.2.8.6 sets forth a procedure for appeal to the Board
.... of County Commissioners of the determination of vested rights
1111 000 PArlf 89
S Vj
' fi OCTOBER 2, 1990
for Adequate Public Facilities made by the hearing officer and
e provides for a fee to be paid by the owner for the application
' and processing of an owner-initiated appeal; and
M1
" WHEREAS, the Adequate Public Facilities Ordinance
wry,
.. provides for the appeal fee to be determined by the Board of
>?. County Commissioners; and
f ",..: WHEREAS, Collier County will incur costs in processing
<
-, applications and appeals, and in conducting hearings for vested
,, , rights determinations,
0
'' NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
L
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1'.
J 1. The fees to be collected at the time of submission of
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t.- all applications for a determination of vested rights
t , and for appeals pursuant to the Collier County Zoning
std, y` Reevaluation Ordinance and the Adequate Public
Facilities Ordinance shall be assessed as follows:
• ' k Application for Vested Rights
fir,;;<.4 Determination for Zoning
Reevaluation and for Adequate
*'' Public Facilities Minimum $750.00 .0
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! Maximum $2,250.00
c . Appeal of Vested Rights
Determination for Zoning
' Reevaluation and for Adequate
ri` Public Facilities $250.00
t` ' �
rcompatibility Exception Appeal $250.00
V ..r. 2. The minimum fee of $750.00 shall be collected by the
Growth Management Director or his/her designee and
4 e
Growth Planning Director or his/her designee at the
time of submission of any application for a vested
1
. , rights determination for Zoning Reevaluation and
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Adequate Public Facilities and shall be
non-refundable.
� , 3. The costs for the services of County staff and the
),x{ County Attorney shall be paid by the applicant
according to the time expended by the staff members
• : and County Attorney in processing the application and
conducting a vested rights hearing before the hearing
® CaOGOPArx 90 I
- 2 -
4(( OCTOBER 2, 1990
= officer. No additional costs shall be assessed for
staff time or attorney time for appeals. The Board
id:
`,;. hereby directs that in order to reduce application
= ' " fees, attorney's hours shall be billed at a rate of
;',..; $40 per hour and other staff time shall be billed at
actual hourly compensation costs to the County.
4. All such costs charged to the applicant shall be due
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' s' and payable within five days after the vested rights
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hearing. No opinion shall be issued by the hearing
r , officer and no development order that requires a
Y Alt vested rights determination prior to issuance shall be
;p
y- `'` issued until such time as all fees are paid.
E � 5. The maximum fee that may be assessed for vested rights
determination applications shall not exceed
$2,250
, , which maximum amount shall include the minimum fee of
$750 paid upon submission of the application.
6. The Growth Management Director or his/her designee and
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the Growth Planning Director or his/her designee are
t 1,
hereby directed to collect the aforesaid
. fees for the purpose of defraying the cost to the
` 44' County of processing applications and appeals.
1.,, ,
,N,7, This Resolution adopted after motion, second and majority
, iv. vote favoring same.
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r DAThD: d BOARD OF COUNTY COMMISSIONERS
.1' ATTEST; , L'
COLLIER COUNTY, FLORIDA
, : .'JAMES;C.:GI�r,FS, Clerk
x,; -- By• % ' -'` ` 4J .C- By, �ve ,de
'1, . ' erk Max A. Hasse, ., Ch rman
Apph
roved as to form and
legal sufficiency:
F
Q k .tht •
'PIrenda C. Wilson
-� Assistant County Attorney
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