HomeMy WebLinkAboutResolution No 4067
Report compiled on April 19, 2006
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Revised Review Fee Schedule
MEETING DATE: Monday, September 10, 2007
RECOMMENDATION: Move to approve Resolution 4067 as recommended by Staff.
BACKGROUND: On April 24, 2006 the City Commission adopted Resolution 3904
establishing a schedule of application review fees for the Department of Planning and
Community Development. The intended outcome was an increase in fees to collect a greater
percentage of costs incurred for reviewing projects and to reduce dependence on the general
fund. A major thrust in the changes was addressing an increased cost and requirements for
advertising.
The guiding principles for the overall updating of the fee schedule were:
1. Recover costs attributable to development review for Planning Dept.
2. Recognize that costs affect behavior and the City wishes to encourage some
behaviors and discourage others.
A. Desired behaviors are: Annexation, Property improvements and removal
of non-conformities, compliance with generally applicable standards, and timely
completion of work.
B. Undesired behaviors are: Violations of standards, seeking of special
exceptions without compelling reason, and appeals of administrative decisions.
3. Relieve general taxpayer from costs originated by specific development requests.
4. Comply with legal requirements affecting fee amounts.
5. Allocate costs throughout the development process so that expenses are
distributed to multiple points and reflect, to a degree, the ability of the applicant to
recover the costs through value added.
6. Special projects such as neighborhood plans, city-wide long range planning,
regulatory development, and code enforcement are to be considered
independently and typically funded by non-project review resources.
Revisions have been made adjusting the noticing requirements and therefore, it is appropriate to
revise the corresponding fee component. The charge for an informal review has also been
adjusted to more closely correspond to the effort required. A new fee has been added for
condominium review as a consequence of state law changes in 2007.
UNRESOLVED ISSUES: Does the Commission wish to adopt Resolution 4067 as presented?
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Report compiled on April 19, 2006
Commission Memorandum
FISCAL EFFECTS: Additional revenues will be received to offset expenses associated with
review of development proposals.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ _________________________________
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments: Resolution 4067
Comparison of existing and proposed fee schedule
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RESOLUTION NO. 4067
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AMENDING THE FEE SCHEDULE FOR THE
REVIEW OF ZONING, SUBDIVISION, ANNEXATION AND GROWTH
POLICY PROPOSALS, AS ALLOWED BY SECTIONS 7-1-101, 76-3-
201(4) AND 76-3-602, MONTANA CODE ANNOTATED (MCA) AND
SECTION 18.64.140, BOZEMAN UNIFIED DEVELOPMENT
ORDINANCE.
WHEREAS, the City of Bozeman collects fees to cover the administrative costs of
processing and review zoning, subdivision, annexation and growth policy proposals; and
WHEREAS, the fee schedule for zoning, subdivision, annexation and growth policy
proposal review 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(4), 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 plats; 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 and
growth policy proposal review; and
WHEREAS, Section 18.64.140 of the Bozeman Unified Development Ordinance states
that: “The City Commission shall establish a schedule of fees, charges and expenses and a
collection procedure for reviews, permits, appeals and other matters pertaining to this title. The
schedule of fees for the procedures listed below shall be set from time to time by the City
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Commission by resolution. The fees shall be available in the office of the Planning Director and
may be altered or amended only by the City Commission.”
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
The fee schedule for the review of zoning, subdivision, annexation and growth policy
proposals shall be as follows:
1. Miscellaneous Current Fee
Informal Review
$100.00 – DRC
$100.00 – DRB
$100.00 – Planning Board
$200.00 – City Commission
Fees are cumulative
Reuse $25.00
Reuse with building permit $50.00
Reuse with deviation $200.00 plus $800 advertising
Special Temporary Use Permit $100.00
Condominium Review – Independent of site
plan $75
Zoning Verification Letter $75
2. Certificate of Appropriateness Current Fee
Sketch Plan COA – No Building Permit $25.00 plus $10 if in Conservation/Entryway
Overlay district
Sketch Plan COA – Building Permit $50.00 plus $50 if in Conservation/Entryway
Overlay district
Sketch Plan COA - Deviations/SHR $250.00 plus $50 if in Conservation/Entryway
Overlay district, plus $800 advertising
Sketch Plan COA – Deviations $350.00 plus $50 if in Conservation/Entryway
Overlay district, plus $800 advertising
3. Site Plans Current Fee
Site Plan $500.00
Site Plan COA $750.00 plus $50 if in Conservation/Entryway
Overlay district
Site Plan COA – Deviations $1,000.00 plus $800 advertising, plus $50 if in
Conservation/Entryway Overlay district
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Master Site Plan
$1,000.00, plus $25.00 per residential unit and/or
$25.00 per 1,000 square feet of leasable non-
residential floor area; plus $800 advertising if
deviations are requested; plus $50 if in
Conservation/Entryway Overlay district
Final Site Plan $500 plus $50 for each variance or deviation
4. Conditional Use Permit Current Fee
Standard CUP $1,000.00, plus $50 if in Conservation/Entryway
Overlay district, plus $800 advertising
Cabaret License CUP $660.00, plus $50 if in Conservation/Entryway
Overlay district, plus $800 advertising
ADU or Home Based Business CUP $500.00, plus $50 if in Conservation/Entryway
Overlay district, plus $800 advertising
5. Planned Unit Development Current Fee
PUD Concept Plan $500.00
PUD Preliminary Plan
$1,000.00, plus $25.00 per residential unit and/or
$25.00 per 1,000 square feet of leasable non-
residential floor area; plus $50 if in
Conservation/Entryway Overlay district, plus
$800 advertising
PUD Final Plan $500.00
Master PUD Plan $500.00
6. Amendments Current Fee
Zone Map Amendment
$1,000.00 plus $25.00 per acre up to 80 acres
plus $10.00 per acre thereafter, plus $400
advertising
Zone Map Amendment - Ordinance
$1,000.00 plus $25.00 per acre up to 80 acres
plus $10.00 per are thereafter; plus $400
advertising
Zone Map Amendment - Initial $550.00 plus $25.00 per acre up to 80 acres plus
$10.00 thereafter; plus $400 advertising
UDO Text Amendment $1,000.00 plus $1,200 advertising
Growth Policy Text Amendment $2,000.00 plus $1,200 advertising
Growth Policy Map Amendment
$2,000.00 plus $25.00 per acre up to 80 acres
plus $10.00 per acre thereafter; plus $800
advertising
7. Subdivision Current Fee
Subdivision Exemption $200.00
Subdivision Preapplication $500.00 plus $25.00 per lot.
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Preliminary Plat - Minor $500.00 plus $50.00 per lot plus $5.00 per
adjoiner, plus $400 advertising
Preliminary Plat - Major
$1,000.00 plus $50.00 per lot for the first 100 lots
plus $25.00 per lot thereafter plus $5.00 per
adjoiner, plus $400 advertising
Final Plat - Minor $500.00 plus $25.00 per lot.
Final Plat - Major $1,000.00 plus $25.00 per lot.
8. Annexation Current Fee
Annexation
$250.00 for the first 10 acres plus $10.00 per acre
thereafter, plus $400 for each newspaper
advertisement required
9. Variances and Appeals Current Fee
Variance - Single household $500.00, plus $50 if in Conservation/Entryway
Overlay district, plus $800 advertising
Variance $1,000.00, plus $50 if in Conservation/Entryway
Overlay district, plus $800 advertising
Administrative Project Decision Appeal Same as application being appealed, plus $800
advertising if not already required.
Administrative Interpretation Appeal
$180.00 plus $800 advertising for single-
household,
$300.00 plus $800 advertising for all other uses.
10. Improvements Agreements Current Fee
Initial Improvements Agreement $400 or 1% of face value whichever is greater
Reductions in Security other than final
release $200
11. Code Enforcement Current Fee
After the fact permit (exclusive of signs) $250 in addition to the otherwise applicable fee.
Section 2
This fee schedule shall be in full force and effect on _________, 2007.
DATED this __________ day of ________________, 2007.
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____________________________________
JEFF KRAUSS
Mayor
ATTEST:
____________________________________
CYNTHIA JORDAN DELANEY
Acting City Clerk
APPROVED AS TO FORM:
____________________________________
PAUL J LUWE
City Attorney
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Attachment A
PROPOSED DPCD FEE SCHEDULE
1. Miscellaneous Current Fee Proposed Change
Informal Review $25.00
$100.00 – DRC
$100.00 – DRB
$100.00 – Planning Board
$200.00 – City Commission
Fees are cumulative
Reuse $25.00 No Change
Reuse with building
permit $50.00 No Change
Reuse with deviation $200.00 plus $800 advertising No Change
Special Temporary Use
Permit $100.00 No Change
Condominium Review –
Independent of site plan $0 $75
Zoning verification letter $0 $75
2. Certificate of
Appropriateness Current Fee Proposed Change
Sketch Plan COA – No
Building Permit
$25.00 plus $10 if in
Conservation/Entryway
Overlay district
No Change
Sketch Plan COA –
Building Permit
$50.00 plus $50 if in
Conservation/Entryway
Overlay district
No Change
Sketch Plan COA -
Deviations/SHR
$250.00 plus $50 if in
Conservation/Entryway
Overlay district, plus $800
advertising
No Change
Sketch Plan COA –
Deviations
$350.00 plus $50 if in
Conservation/Entryway
Overlay district, plus $800
advertising
No Change
3. Site Plans Current Fee Proposed Change
Site Plan $500.00 No Change
Site Plan COA
$750.00 plus $50 if in
Conservation/Entryway
Overlay district
No Change
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Site Plan COA –
Deviations
$1,000.00 plus $800
advertising, plus $50 if in
Conservation/Entryway
Overlay district
No Change
Master Site Plan
$1,000.00, plus $25.00 per
residential unit and/or $25.00
per 1,000 square feet of
leasable non-residential floor
area; plus $800 advertising if
deviations are requested; plus
$50 if in
Conservation/Entryway
Overlay district
No Change
Final Site Plan $500 plus $50 for each
variance or deviation No Change
4. Conditional Use Permit Current Fee Proposed Change
Standard CUP
$1,000.00, plus $50 if in
Conservation/Entryway
Overlay district, plus $800
advertising
No Change
Cabaret License CUP
$660.00, plus $50 if in
Conservation/Entryway
Overlay district, plus $800
advertising
No Change
ADU or Home Based
Business CUP
$500.00, plus $50 if in
Conservation/Entryway
Overlay district, plus $800
advertising
No Change
5. Planned Unit
Development Current Fee Proposed Change
PUD Concept Plan $500.00 No Change
PUD Preliminary Plan
$1,000.00, plus $25.00 per
residential unit and/or $25.00
per 1,000 square feet of
leasable non-residential floor
area; plus $50 if in
Conservation/Entryway
Overlay district, plus $800
advertising
No Change
PUD Final Plan $500.00 No Change
Master PUD Plan $500.00 No Change
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6. Amendments Current Fee Proposed Change
Zone Map Amendment
$1,000.00 plus $25.00 per acre
up to 80 acres plus $10.00 per
acre thereafter, plus $400
advertising
No Change
Zone Map Amendment -
Ordinance
$1,000.00 plus $25.00 per acre
up to 80 acres plus $10.00 per
are thereafter; plus $1,200
advertising
Reduce Noticing Charge to
$400
Zone Map Amendment -
Initial
$550.00 plus $25.00 per acre
up to 80 acres plus $10.00
thereafter; plus $1,200
advertising
Reduce Noticing Charge to
$400
UDO Text Amendment $1,000.00 plus $1,200
advertising No Change
Growth Policy Text
Amendment
$2,000.00 plus $1,200
advertising No Change
Growth Policy Map
Amendment
$2,000.00 plus $25.00 per acre
up to 80 acres plus $10.00 per
acre thereafter; plus $800
advertising
No Change
7. Subdivision Current Fee Proposed Change
Subdivision Exemption $200.00 No Change
Subdivision
Preapplication $500.00 plus $25.00 per lot. No Change
Preliminary Plat - Minor
$500.00 plus $50.00 per lot plus
$5.00 per adjoiner, plus $400
advertising
No Change
Preliminary Plat - Major
$1,000.00 plus $50.00 per lot for
the first 100 lots plus $25.00 per
lot thereafter plus $5.00 per
adjoiner, plus $400 advertising
No Change
Final Plat - Minor $500.00 plus $25.00 per lot. No Change
Final Plat - Major $1,000.00 plus $25.00 per lot. No Change
8. Annexation Current Fee Proposed Change
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Annexation
$250.00 for the first 10 acres
plus $10.00 per acre
thereafter, plus $400 for each
newspaper advertisement
required
No Change
9. Variances and Appeals Current Fee Proposed Fee
Variance - Single
household
$500.00, plus $50 if in
Conservation/Entryway
Overlay district, plus $800
advertising
No Change
Variance
$1,000.00, plus $50 if in
Conservation/Entryway
Overlay district, plus $800
advertising
No Change
Administrative Project
Decision Appeal
Same as application being
appealed, plus $800
advertising if not already
required.
No Change
Administrative
Interpretation Appeal
$180.00 plus $800 advertising
for single-household,
$300.00 plus $800 advertising
for all other uses.
No Change
10. Improvements
Agreements Current Fee Proposed Fee
Initial Improvements
Agreement
$400 or 1% of face value
whichever is greater No Change
Reductions in Security
other than final release $200 No Change
11. Code Enforcement Current Fee Proposed Fee
After the fact permit
(exclusive of signs)
$250 in addition to the
otherwise applicable fee. No Change
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