Loading...
HomeMy WebLinkAboutResolution 2824 Revising fee schedule for interim zone ordinance 2779 , . \ COMMISSION RESOLUTION NO. 2824 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE FEE SCHEDULE FOR THE INTERIM ZONING ORDINANCE. WHEREAS, at its regular meeting of February 12, 1990, the City Commis- sion adopted Ordinance No. 1303, the interim zoning ordinance; and WHEREAS, at its regular meeting of March 26, 1990, the City Commission adopted Ordinance No. 1308, amending the interim zoning ordinance; and WHEREAS, at its regular meeting of July 2, 1990, the City Commission adopted Ordinance No. 1314, further amending the interim zoning ordinance; and WHEREAS, at its regular meeting of August 6, 1990, the City Commission adopted Ordinance No. 1317, extending the effective date of the interim zoning ordinance, as amended, for a period of one year; and WHEREAS, at its regular meeting of February 25, 1991, the City Commis- sion adopted Ordinance No. 1322, further amending the interim zoning or- dinance; and WHEREAS, at its regular meeting of February 12, 1990, the City Commis- sion adopted Commissioner Resolution No. 2779, establishing the fee schedule for the interim zoning ordinance; and WHEREAS, due to the revisions created by the above-cited ordinances and further due to issues that have arisen during use of the fee schedule, it has been determined appropriate to revise said fee schedule. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: SECTION I That the following schedule of fees shall be utilized in conjunction with the interim zoning ordinance revised to read as follows: A. Zone Map Change $220 plus $3.00 per acre up to 80 acres; greater than 80 acres, $2.00 per acre for each acre over 80 acres plus fee above. B. Zone Code Amendment $220.00. C. Variance $125.00 a ll uses except single-family; $60.00 single-family only. D. Conditional Use Permit (CUP) $220.00. -.----- - ".--.---. ,...-..- ,- E. Planned Unit Conceptual Plan Review: $100.00. Development (PUD) Preliminary Plan Review: $220.00 plus $4.00 per residential unit and/or $3.00 per 1 ,000 sq. ft. of gross leasable industrial or commercia I (i ncl udes professional business offices) floor area. Final Plan Review: $100.00. F. Site Plan Review Major Site Plan - $220.00 Minor Site Plan - $ 60.00 (I n Entryway Corridor and Historic Preservation and Conservation Districts, add $40.00 to above fee.) G. Sign Review (if not $'+9.99 $25.00 per sign**. in conjunction with a Site Plan, PUD, COA or CUP) **NOTE: Must still purchase Sign Permit in accordance with City Ordinance No. 1106, after review and approval for zoning compliance. H. 5~Br-~e~-------------$'+9.ge -------tJ..s.e H. Temporary Signs (as per $25.00 per sign per year. Section 18.65. 140. B. of the Interim Zoning Ordinance I. Certificates of Approp- riateness (if not in conjunction with a ite Plan, PUD, COA or CUP) J. Mobile Home Parks $220.00 plus $4.00 per t~aHe~ space. K. Recreational $220.00 plus $4.00 per trailer space. Vehicle Parks J.-----~~~f6~Br~~e~---------------$~~9.ge K~-----~+d~-P~~1~---------------Ar.r-~--~~-~y--~e-~firt~~--~+d~ ~ "Ode-~~t-e6 - by-- -tfi-e- -Gi-ty- -c--tffltffl'i-s-sffi~. t.-----~~+ftee1e~-of-----------------$'+e.ee -------~~prkrl~ L. Floodplain Pf'6e-e5-S+~9 $50.00. Development Fee M. Special Temporary Use $40.00. N. After-the-Fact Permits For all permits for which application is filed after the work has been started and is currently in process or completed, the amount of the fees listed above shall be DOUBLED. SECTION " That the fees set forth in the above schedule shall supercede those set forth in Commission Resolution No. 2799, and shall become effective immediately. - 2 - .--. ....-.-. ...-. .-.--.-. . PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held this 11 th day of March, 1991. ~~ / I R~ . A ,Mayor ATTEST: ~.~~~ Clerk of the Commission t. , 1 . - 3 - .- - 6 - lic hearing. The City Manager indicated a resolution establ ishing -this policy will be submitted to the Commission for action within the next week or two. Commission Resolution No. 2824 - revising the fee schedule for the interim zoning ordi- nance City Manager Wysocki presented Commission Resolution No. 2824, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2824 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REVISING THE FEE SCHEDULE FOR THE INTERIM ZONING OR- DINANCE. The City Manager indicated that attached to the resolution is a memo from Planning Director Andy Epple, dated March 4, regarding these proposed fee revisions. Commissioner Knapp questioned why the fee for temporary signs is listed as $25 per year, particularly since she does not consider a one-year period as temporary. The Planning Director responded that category is for large 4-foot by 8-foot real es- tate signs which may be posted at a residential or commercial subdivision for a year or two, while the entire project develops. He then suggested that the language should pos- sibly be revised to state "$25 per year per location" so that if it is moved, the appropriate permitting is sought for the new location, and to ensure that it is installed properly. Commissioner Frost stated an interest in tripling the fees for after-the-fact permits rather than doubling, as proposed in the resolution. Planning Director Epple stated that staff had included the provision to double the fees; however, he noted that the Commission could easily change it to triple if they so de- sire. Responding to Mayor Hawks, he noted that Zone Code Enforcement Officer Harlan has indicated that in most of the cities he worked in in Washington and California, the fees for after-the-fact permits were doubled. Mayor Hawks suggested that, in addition to the option to double or triple the fees for after-the-fact permits, it might also be appropriate to provide an option to cite the violation as a misdemeanor and process it through City Court. He then suggested that op- tion be added, so the choice is avai lable for addressing this issue. City Manager Wysocki noted that this option would provide the City with a mechan- ism for addressing repetitious problems. Commissioner Swanson asked if doubling of the fees would provide a deterrent for failing to obtain the appropriate permits, particularly if the option to process the violation through the court system is added. Planning Director Andy Epple responded that he feels the addition of this fee con- 03-11-91 - 7 - 0- cept is new enough that it will get the needed attention and will serve as a deterrent. He noted that, if after six months staff finds that this fee is not effective, it can be revised as the zone code is final ized. Responding to Commissioner Goehrung, the Planning Director indicated that the permits which are typically not sought before a project is undertaken include variances, conditional uses, sign reviews and certificates of appropriateness. He noted the fees for those permits range anywhere from $25 to $220; and doubling of the higher fee will defin- itely have an impact on the appl icant. City Manager Wysocki suggested that a penalty be added for licensed contractors who fail to obtain the appropriate permits before beginning a project. The Planning Director reminded the Commission that this resolution pertains only to zoning ordinance issues, not any of the permitting processes which one might incur under the uniform codes which have been adopted by the City. He noted that building permit fees can reach $700 to $1,000, depending upon the scope of the project. He suggested that if the Commission so desires, they may adopt a resolution providing for after-the-fact permits under building permits and a similar provision for business licenses. Commissioner Swanson noted that as the building season is rapidly approaching, it is important that the message be forwarded to those considering construction projects that it is imperative the necessary permits be acquired prior to beginning the project. He a I so suggested that an item addressing modification of business license fees and building permit fees be placed on an upcoming agenda. Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, expressed an interest in conducting a workshop to inform people of these changes and the permit requirements for construction projects. Responding to Commissioner Frost, the Planning Director suggested that information concerning the current building permit fees be forwarded to the Commissioners for their review prior to preparation of any resolution to provide for after-the-fact permits. The Planning Director then asked that the Commission adopt this resolution, per- taining to zoning ordinance fees only, at this time. He noted that he will prepare a dis- play advertisement to be run in the newspaper for three or four weeks in an attempt to inform contractors and private parties who are considering some type of development. Mayor Hawks briefly highlighted the revisions discussed, which include adding "per location" under "H. Temporary Signs;" and adding a sentence to "N. After-the-Fact Per- mits" providing for misdemeanor penalties as an alternative to doubl ing of the standard fees. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission adopt Commission Resolution No. 2824, revising the fee schedule for the interim 03-11-91 _._.____..u . - .--.. I ~; - 8 - ... J ~.; zoning ordinance, as revi sed. The motion carried by the fol lowing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Continued discussion - volume-based rate structure for garbage collection The City Manager noted that included in the Commissioners' packets was a memo from Director of Public Service Phill Forbes, dated March 7, 1991, providing cost data on the various systems which have been discussed to date. Assistant to the City Manager Ron Brey reminded the Commission of the options which have been discussed at length to date, including the bag system and the subscrip- tion can system. He noted that during initial review of the programs, staff identified theft and handling as two detriments to the tag system. He noted there has been ongoing concern about the adding to the waste stream under the bag system; and staff has at- tempted to address that issue in discussions during the past week. Assistant Brey stated that, after addressing those concerns which were listed above, staff again reviewed all of the options initially discussed. He then suggested an alternative consideration, which would include the sale of two different "sizes" of tags. He noted that theft is still a concern, since it is extremely difficult to develop a tag which can be easily removed from a garbage can by the garbage crew in cold weather but not easi Iy stolen. He stated the tag could be affixed to a garbage can or to a bag, whichever the individual prefers, with weight restrictions imposed for each tag. He noted this would tie the amount paid for garbage collection directly to the volume, which was a concern un- der the can subscription program previously considered. Assistant Brey suggested that a second option for Commission consideration is a mini-can subscription program, with bags for any overages. He noted this option could be utilized if the public does not seem to support a tag system; and utilization of the mini-can will create a generally volume-based rate system. The Assistant then suggested that, if the Commission chooses the tag or the mini- can alternative, staff could proceed with preparation of the ordinance during the upcoming week, for consideration at next week's meeting. Responding to Commissioner Knapp, the Assistant stated that an alternative method for multi-family units and those using dumpsters must still be explored, since none of the options currently listed will adequately address those situations. He suggested that, of the options currently listed, the bag system would best address those accounts. Responding to Commissioner Frost, the Assistant stated that under the tag proposed system, tags would not be permanently affixed to garbage cans, rather, a program must be developed under which those tags are easily removed. He noted that this 03-11-91 - . -~-- - ..-----.. -.-.-