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Home My WebLink About2007 07 09 Public Hearing 501.2 Resolution 2007-28 Amend and Revise Schedule of Fees COMMISSION AGENDA ITEM 501.2 Consent Informational Public Hearin Re ular x July 9, 2007 Meeting ~ Mgr. I~ REQUEST: The Community Development Department requests the City Commission amend and revise its schedule of fees to include a fee for aesthetic review appeals to the City Commission by adopting Resolution 2007-28. PURPOSE: Resolution 2001-45 needs to be amended and revised to reflect new requirements and procedures not previously included in the fee schedule. APPLICABLE LAW AND PUBLIC POLICY: Florida Municipal Home Rule Powers Act. Section 166.201. Florida Statutes. Taxes and chare:es. A municipality may raise, by taxation and licenses authorized by the constitution or general law, or by user charges or fees authorized by ordinance, amounts of money which are necessary for the conduct of municipal government and may enforce their receipt and collection in the manner prescribed by ordinance not inconsistent with law. CHRONOLOGY: May 22, 2006 - City Commission passed Emergency Ordinance 2006-08 establishing a compatibility review for residential additions, modifications, and expansions. Nov. 13,2006 - City Commission approved Ordinance 2006-22 extending the sunset provision set forth in Ordinance 2006-08 for an additional six months. April 23, 2007 - City Commission approved Ordinance 2007-19 further extending the sunset provision set forth in Ordinance 2006-08, as amended by Ordinance 2006-22, for an additional three months. June 14,2007- Public Noticing in Orlando Sentinel for 1st Reading (7 days prior) June 25, 2007- City Commission First Reading of Ordinance 2007-21. Stipulated that a fee for appeals be placed in the ordinance. July 9, 2007 COMMISSION PUBLIC HEARING AGENDA ITEM 501.2 CONSIDERATIONS: Since the enactment of Resolution 2001-45 in December 2001, the Commission has adopted Emergency Ordinance 2006-08 and Ordinances 2006-22 and 2007-19 in an effort to provide for a compatibility review process for all additions, modifications, and expansions of structures within residential areas, assessing whether these additions, modifications, and expansions are aesthetically compatible and in harmony with the surrounding neighborhood and with the residential character of that neighborhood. Ordinance 2007-21 amends the text of Sections 9-600 through 9-606 and adds Section 9-607 for the purpose of making the compatibility review process permanent. During first reading of this ordinance, the Commission required a section in the ordinance stipulating that a fee be paid for appeals of staff denials based upon the compatibility review process. Resolution 2007-28 establishes that fee at $500.00 FINDINGS: There is a need to update the fee schedule to reflect new requirements associated with the review of additions, modifications, and expansions of structures within residential areas. STAFF RECOMMENDATION: Staff recommends that the City Commission amend and revise its schedule of fees to include a fee for aesthetic review appeals to the City Commission by adopting Resolution 2007-28. ATTACHMENTS: A. Resolution 2007-28 CITY COMMISSION ACTION: ATTACHMENT A RESOLUTION NO. 2007-28 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, EST ABLISIDNG A FEE FOR AESTHETIC REVIEW APPEALS TO THE CITY COMMISSION PURSUANT TO ORDINANCE 2007-21; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission has the authority to establish fees pursuant to ~ 166.201, Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. Fee Established. Pursuant to Ordinance 2007-21, a filing fee of $500.00 is hereby established to appeal administrative decisions to the City Commission. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, 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 hereto. Section 5. Effective date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Resolution No. 2007-28 Page 1 of2 DONE AND ADOPTED in regular session of the City Commission of the City of Winter Springs, Florida, this 9th day of July, 2007. JOHN F. BUSH, Mayor ATTEST: ANDREA LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2007-28 Page 2 of2 RESOLUTION NO. 2007-28 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A FEE FOR AESTHETIC REVIEW APPEALS TO THE CITY COMMISSION PURSUANT TO ORDINANCE 2007-21; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Commission has the authority to establish fees pursuant to ~ 166.20 1, Florida Statutes; and WHEREAS, the City Commission of the City of Winter Springs finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. Fee Established. Pursuant to Ordinance 2007 -21, a filing fee of$250.00 is hereby established to appeal administrative decisions to the City Commission. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Commission, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, 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 hereto. Section 5. Effective date. This Resolution shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. DONE AND ADOPTED in regular session of the City Commission of the City of Winter City of Winter Springs Resolution No. 2007-28 Page I of2 Springs, Florida, this 9th day of July, 2007. :;OJfllT1.m~. r <~L .-r . , _ ./YY\ , Ma}'~r. . . - LORENZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City . nter Springs only: NTHONY A. GARGANESE, City Attorney City of Winter Springs Resolution No. 2007-28 Page 2 of2