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Home My WebLink About12-09-19 City Commission Packet Materials - A5. Res 5119, Amending the Fee Schedule for Development Review Processes Commission Memorandum REPORT TO: Mayor and City Commission FROM: Martin Matsen, Director of Community Development SUBJECT: Commission Resolution 5119 – Adoption of a revised schedule of Community Development fees STRATEGIC PLAN: This action item implements 7.5 Funding and Delivery of City Services. MEETING DATE: December 9, 2019 AGENDA ITEM TYPE: Action RECOMMENDATION: Adopt Resolution 5119 amending the fee schedule for the review of zoning, subdivision, annexation, growth policy proposals and other planning related review processes with an effective date of January 1, 2020. RECOMMENDED MOTION: I move to adopt Resolution 5119 amending the fee schedule for the review of impact fee deferral, zoning, subdivision, annexation, growth policy proposals and other planning related review processes with an effective date of January 1, 2020. BACKGROUND: Fee Principles: The City Commission adopted the Bozeman Community Plan in 2009. The City’s fee approach and schedule is consistent with implementation policies of the Bozeman Community Plan including 2a which recommends a regular review of programs and implementation policy 80 which encourages the cost of service be assigned to the user of a service. The fee approach also implements 7.5 of the Strategic Plan which requires funding City services with equitable and sustainable sources of revenue. The City Commission directed staff to apply an annual inflationary adjustment based on the United States Department of Labor information each year. Status: A fee schedule is required by 38.200.140, BMC. Adoption of the schedule is by resolution. The goal of the fee schedule is cost recovery as part of a continuing commitment to the citizens of Bozeman to manage public funds responsibly, to simplify the planning process for all customers, and to continue to offer a level of service that meets community expectations. In 2015, the City completed a time, effort, and expense analysis to determine the costs incurred by the City to review applications. The current fee schedule is based on this analysis. The City applies an annual inflation adjustment. The City Commission funded and the Staff will pursue an update to the fee study in the spring of 2020. 182 Fee Structure: Development follows many different review paths. Some projects require subdivision but no further individual zoning applications. Some projects have no subdivision but may include both a Planned Unit Development and site plans. Some projects only use site plans. Some sites are subdivided but then sit vacant for many years. Each development type can span a wide range of complexity and size. Due to the wide variation, fees charged are based on averages of review for the entire class of a development type. The City has a base fee paired with a unit cost fee so that larger and more complex projects pay a larger fee more representative of the effort in review. The annual inflation adjustment reflected in the updated fee schedule is 3.1%. This figure is from the Bureau of Labor Statistics Employment Cost Index for State and Local government workers. UNRESOLVED ISSUES: None ALTERNATIVES: 1) Direct staff to amend the draft fee schedule further; 2) Accept the fee schedule as proposed; or 3) As determined by the Commission. FISCAL EFFECTS: Revenue results will vary based on application volume. A lesser amount will be collected to support long range plan development and implementation. An update for the fee schedule is in the approved budget for this fiscal year and will occur in the second half of the fiscal year. Attachments: Commission Resolution 5119 Draft Fee Schedule as Proposed for Adoption (Commission Resolution 5119 Exhibit A) Report compiled on November 26, 2019 183 Page 1 of 4 RESOLUTION 5119 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE FEE SCHEDULE FOR THE REVIEW OF ZONING, SUBDIVISION, ANNEXATION, GROWTH POLICY PROPOSALS AND OTHER COMMUNITY DEVELOPMENT RELATED REVIEW PROCESSES, AS ALLOWED BY SECTIONS 7-1-101, 76-1-410, 76-3-201(4) AND 76-3-602, MONTANA CODE ANNOTATED (MCA) AND SECTION 38.200.140, BOZEMAN UNIFIED DEVELOPMENT CODE. WHEREAS, the City of Bozeman collects fees to cover the administrative costs of processing and reviewing zoning, subdivision, annexation, growth policy proposals and other planning related review processes; and WHEREAS, said fee schedule must be updated from time to time to reflect changes in City procedures, increases in costs to the City and legislative changes at the State level; and WHEREAS, Section 76-3-201(5), MCA authorizes local governments to collect fees, not to exceed $200, to examine subdivision exemptions and Section 76-3-602, MCA authorizes local governments to establish reasonable fees, to be paid by the subdivider, to defray the expense of reviewing subdivision exemptions; and WHEREAS, the City of Bozeman is authorized to collect fees for the review of annexation, zoning and growth policy proposals, based on the provisions of Section 7-1-101, MCA, because state statute does not prohibit the collection of fees for annexation, zoning review and growth policy proposal review; and 184 Resolution 5119 Setting Community Development Application Review Fees Page 2 of 4 WHEREAS, the City of Bozeman has adopted standards for short term rentals that require expenditures for review processing for which revenues must be collected to offset; and WHEREAS, the City of Bozeman has adopted standards for building permits that require expenditures for review processing for zoning compliance for which revenues must be collected to offset; and WHEREAS, the City of Bozeman is authorized to collect fees for the review of annexation, zoning, growth policy proposals and long range planning, based on the provisions of Section 7-1-101, MCA, because state statute does not prohibit the collection of fees for annexation, zoning and growth policy proposal review; and WHEREAS, the City of Bozeman is authorized to collect fees for the purposes of 76-1- 102, MCA which is accomplished by development and implementation of the growth policy which fees are in addition to any other authorized review fees, based on the provisions of Section 76-1- 410, MCA and the City has committed through Resolution 4112 to the growth policy contents as required; and WHEREAS, Section 38.200.140 of the Bozeman Unified Development Code states that: “A. The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to this chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the community development director and may be altered or amended only by the city commission. B. No subdivision, permit, zone change, site plan, conditional use, special temporary use, planned unit development, deviation or variance may be issued unless or until such costs, charges, fees or expenses have been paid in full, nor may any action be taken on proceedings before the administrative design review staff, development review committee, the design review board, the zoning commission, the planning board or the city commission until fees have been paid in full.”; 185 Resolution 5119 Setting Community Development Application Review Fees Page 3 of 4 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The fee schedule for the fees, charges and expenses review of impact fee deferrals, zoning, subdivision, annexation and growth policy proposals, building permit review for zoning compliance, registration of short term rentals, and all other reviews associated with the review of applications, agreements and other reviews as specified in the Unified Development Code shall be as follows and replaces all previously adopted fees: See attached Exhibit A. Section 2 This fee schedule shall be in full force and effect on January 1, 2020. 186 Resolution 5119 Setting Community Development Application Review Fees Page 4 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of December, 2019. CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 187 Resolution 5119 Exhibit A Res. 5119 Exhibit A Fee Schedule for Planning Review Applications 1 Fee Schedule for Planning Review Applications Effective January 1, 2020 Application Type Base Fee Notice Scaled fee by project size Pre-Application Consultation - If these charges are incurred, the fees must be paid prior to final project approval. 1 Pre-application Consultation with City Planners $45 per hour after initial 2 hours Site Development 2 Master Site Plan $1,995 $200 3 Site Plan $2,165 $118 per DU, not to exceed 150 DU; Non Residential Space 0-30,000 SF - $530 per 1,000 ft2 Additional ft2- $250 per 1,000 ft2 not to exceed 150,000 sq. ft. Buildings with four or more stories- $102 per 1,000 ft2 after initial 30,000 ft2 not to exceed 150,000 sq. ft. Subdivision Development 4 Subdivision Pre-Application (Step 1) $ 492 minor/ $939 major $42 per lot 5 Subdivision Preliminary Plat (Step 2) $1,995 minor/ $3,174 major; PLUS noticing fee of $6.50 per physically contiguous property owner $200 $85 per lot subject to sketch plan/$35 per lot subject to site plan 6 Subdivision Final Plat (Step 3) $1,766 minor/ $2,947 major $35 per lot 7 Subdivision Exemption $200 8 Condominium Review (Independent of site development process) $184 Planned Unit Development 9 PUD Concept Plan (Step 1) $1,532 188 Resolution 5119 Exhibit A Res. 5119 Exhibit A Fee Schedule for Planning Review Applications 2 Application Type Base Fee Notice Scaled fee by project size 10 PUD Preliminary Plan (Step 2) $1,761 $200 If follow up site plan required: $45 per DU not to exceed 150 DU; $140 per 1,000 ft2 of non-residential space. not to exceed 150,000 sq. ft. If no follow up site plan required: $95 per DU; 0-30,000 SF - $530 per 1,000 ft2 non-residential space. Additional ft2- $250 per 1,000 ft2 >30,000 sq. ft. not to exceed 150,000 sq. ft. Buildings with four or more stories- $102 per 1,000 ft2 after initial 30,000 ft2 not to exceed 150,000 sq. ft. 11 PUD Final Plan (Step 3) $1,407 $45 per DU; $140 per 1,000 ft2 of non- residential space Annexation 12 Annexation (Including Initial Zone Map Amendment) $1,722 $200 Appeals 13 Appeal of Administrative Interpretation $800 $200 14 Appeal of Administrative Project Decision $1,638 $200 Zoning Reviews & Design Reviews 15 Commercial Reuse $139 16 Commercial/Non-Residential COA (Independent of a Site Plan or Reuse application) $375 17 Historic Neighborhood (NCOD) Design Review / Residential COA $132 18 Informal Review $302 per Board 19 Zoning Deviation $241 each 20 Zoning Variance or Subdivision Variance – independent $1,830 $200 37 Zoning Departure, Variance, or PUD Relaxation in association with another application $241 each 38 Special Use Permit (SUP) $1,268 $200 21 Conditional Use Permit (CUP) $1,643 $200 22 Special Temporary Use Permit $184 per week 23 Comprehensive Sign Plan Review $246 189 Resolution 5119 Exhibit A Res. 5119 Exhibit A Fee Schedule for Planning Review Applications 3 Application Type Base Fee Notice Scaled fee by project size 24 Zoning Verification $106 25 Regulated Activities in Wetlands no fee Regulatory Changes 26 Zoning Map Amendment (non-Annexation) $1,995 $200 $58 per acre 27 UDC Text Amendment $1,811 $200 28 Growth Policy Amendment $3,174 $200 $32 per acre If Growth Policy Map is amended Penalty / Special Consideration Fees - If these charges are incurred, the fees must be paid prior to final project approval. 29 After the Fact Permit $328 in addition to all other applicable fees 30 3rd and Subsequent Submission of Revised Materials 1/4 of total original application fee 31 Modification / Amendment to Approved Plan $295 32 3rd or Subsequent Occupancy Site Inspection $131 33 Extension to Approved Plan $370 if City Commission approval is needed; $112 all others 34 Initial Improvements Agreement (IA) $525 OR 1 percent of face value, whichever is greater 35 Reduction in Security (other than final) $262 36 Impact Fee Deferral $67 Abbreviations: UDC = Unified Development Code; DU = Dwelling Unit; COA = Certificate of Appropriateness; NCOD = Neighborhood Conservation Overlay District; Planning Review Fees for Building & Sign Permits These fees will be assessed and collected by the Building Dept. as part of the permitting process. No planning application is needed. Permit Type Planning Review Fee Sign Permit Review $144 if in Overlay District; $29 all others Residential Building Permit Review $57 Commercial/Industrial Building Permit Review $120 Registration and Inspection Fees for Short Term Rentals These fees will be assessed and collected by the Department of Community Development as part of the registration process. Registration is required annually. A zoning review may be required in addition. 190 Resolution 5119 Exhibit A Res. 5119 Exhibit A Fee Schedule for Planning Review Applications 4 Action Fee Short Term Rental Registration $250 Fire Inspection $225 191