Loading...
HomeMy WebLinkAboutA3. Resolution 4587, Amending Fee Schedule Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Wendy Thomas, Director of Community Development SUBJECT: Planning Fee Schedule Public Hearing and Resolution of Adoption MEETING DATE: April 6, 2015 AGENDA ITEM TYPE: Action RECOMMENDATION: After conducting the public hearing, adopt Resolution 4587 amending the fee schedule for the review of zoning, subdivision, annexation, growth policy proposals and other planning related review processes. MOTION: Having reviewed and considered the fee study, public comment, and all information presented, I hereby move to approve Resolution 4587 adopting a new Planning Fee Schedule, with an effective date of April 27, 2015. EXECUTIVE SUMMARY: The review of the planning fees was undertaken in order to update a fee schedule that had not been assessed, or changed, for seven years. The goals is to improve cost recovery as part of a continuing commitment to the citizens of Bozeman to uphold a fiduciary responsibility, to simplify the planning process for all customers, and to continue to offer a level of service that meets community expectations. The study to determine the fees was presented to the City Commission on February 2 and March 2, 2015. The Commission directed staff to amend the proposed fee schedule to keep the fees associated with appeals at the current rate, to remove the cost of non-planning staff from the fees attributable to the Development Review Committee (DRC), and to propose a tiered rate for site plan review. Recalculating staff costs resulted in an approximate 2% reduction in the bases fees charged for applications that are reviewed by the DRC. The site plan review fee is amended to have a rate that varies based on square footage and/or the number of stories within a building. The goals for the fee analysis study is to simplify, consolidate and establish City costs to process all types of development applications reviewed by the Planning Division of Community Development. The rate for the site plan creates a site plan review fee which is a bit more complicated, but meets the direction from the City Commission to have a graduated fee that addresses large buildings or buildings with repetitive floor plates. The revised fee schedule has a rate of $530 per square foot up to 30,000 square feet and then a reduced rate based on additional square footage. The reduced rate has two tiers, one based on square footage and a second rate that would be applicable to buildings with four or more stories. The Commission directed staff to make this change to address buildings where adding another floor would not quantifiably increase the complexity of the review. The 30,000 square foot break is the mid-point between 442 the projects that require Design Review Board review (20,000 SF) and the Unified Development Code provisions which address large single user “big box” thresholds (40,000). Simplification of the fee schedule required the consolidation of fees as they are currently outlined on the existing fee schedule. In some cases where multiple consecutive applications comprise the full development process (e.g., Annexation and Initial Zoning), the fees have been brought together into one fee. Every base fee in the proposed fee schedule includes a 5% Technology Fee. This is a new fee and does not contribute to cost recovery for planning review activities. The fee is requested in order to provide funds for consistent investment in necessary technology improvements that offer mutual benefits to the development community and the City. Public comment during the initial presentation of the fee schedule on February 2, 2015 demonstrated the importance customers of Community Development place of efficiency and data to demonstrate how changes in fees, technology and/or process changes directly correlate to improved efficiency. Adoption of cost-based fees, should ensure staff efficiency is accurately measured and reported. The data-driven approach also offers a new ability to gauge, monitor, and improve efficiency because time and cost data are being consistently collected and analyzed. Data on project review times can be analyzed for management purposes, at any time, to provide information and oversight regarding staff efficiency. In addition, upgrades to SunGard will provide an effective mechanism for oversight and efficiency improvement. The Department will look at the data qualitatively as well. Reanalyzing the data in three to five years will allow the Department to seek data based answers to whether an increase or decrease in estimated cost is needed. ALTERNATIVES: 1) Direct staff to amend the draft fee schedule; or 2) As determined by the Commission. FISCAL EFFECTS: The recommended fee schedule is anticipated to result in greater cost recovery for planning applications submitted to Community Development. Greater cost recovery will result in savings to the General Fund by reducing the operating subsidy given each year. Revenue results will vary based on application volume. Attachments: Draft Fee Schedule Presented on March 2, 2015 Draft Fee Schedule as Proposed for Adoption Resolution 4587 Report compiled on: March 26, 2015 443 Page 1 of 3 RESOLUTION NO. 4587 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 PLANNING RELATED REVIEW PROCESSES, AS ALLOWED BY SECTIONS 7-1-101, 76-3-201(4) AND 76-3-602, MONTANA CODE ANNOTATED (MCA) AND SECTION 38.34.140, 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(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 444 Resolution 4587, Amending the Fee Schedule for Planning Review Processes Page 2 of 3 WHEREAS, the City of Bozeman has conducted a review of its fees for annexation, zoning and growth policy proposal review and concluded that revisions are necessary; 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, Section 38.34.140 of the Bozeman Unified Development Code 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 chapter. The schedule of fees for the procedures listed below shall be set from time to time by the city 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 fees, charges and expenses review of zoning, subdivision, annexation and growth policy proposals, building permit review for zoning compliance, 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: See Exhibit A 445 Resolution 4587, Amending the Fee Schedule for Planning Review Processes Page 3 of 3 Section 2 This fee schedule shall be in full force and effect on April ______, 2015. Section 3 All base fees, scaled fees and technology fees specified within the fee schedule shall be adjusted for inflation based on the United States Department of Labor annually on January 1st of each year. Effective Date PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of April, 2015. JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________ GREG SULLIVAN City Attorney 446 Open Window Consulting | Fee Schedule for Planning Review Applications 1 Fee Schedule for Planning Review Applications Effective tbd, 2015 Project application fee must include all relevant fees from the fee schedule. Please contact the Planning Division staff if you need assistance with fee estimation. The Department of Community Development will make the final, binding calculation of applicable fees for each application. Applicants will be responsible for any additional noticing costs required under Bozeman municipal code. Application Type Base Fee 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 $40 per hour after initial 2 hours Site Development 2 Master Site Plan $1,745 3 Site Plan $2,050 $110 per DU; Non Residential Space 0-30,000 SF - $530 per 1,000 ft2 Additional ft2- $250 per 1,000 ft2 Buildings with four or more stories- $100 per 1,000 ft2 after initial 30,000 ft2 - Subdivision Development 4 Subdivision Pre-Application (Step 1) $ 375 minor/ $820 major $40 per lot 5 Subdivision Preliminary Plat (Step 2) $1,745 minor/ $2,775 major; PLUS noticing fee of $6.50 per physically contiguous property owner $70 per lot 6 Subdivision Final Plat (Step 3) $1,545 minor/ $2,575 major $70 per lot 7 Subdivision Exemption $200 8 Condominium Review (Independent of site development process) $160 Planned Unit Development 9 PUD Concept Plan (Step 1) $1,340 10 PUD Preliminary Plan (Step 2) $1,540 $90 per DU; $280 per 1,000 ft2 of non-residential space 11 PUD Final Plan (Step 3) $1,340 $90 per DU; $280 per 1,000 ft2 of non-residential space 447 Open Window Consulting | Fee Schedule for Planning Review Applications 2 Application Type Base Fee Scaled fee by project size Annexation 12 Annexation (Including Initial Zone Map Amendment) $1,505 Appeals 13 Appeal of Administrative Interpretation $700 14 Appeal of Administrative Project Decision Original application fee plus $200 for public noticing via newspaper Zoning Reviews & Design Reviews 15 Commercial Reuse $120 16 Commercial/Non-Residential COA (Independent of a Site Plan or Reuse application) $325 17 Historic Neighborhood (NCOD) Design Review / Residential COA $80 18 Informal Review $265 per Board 19 Zoning Deviation $210 each 20 Zoning Variance or Subdivision Variance $1,730 21 Conditional Use Permit (CUP) $1,435 22 Special Temporary Use Permit $160 per week 23 Comprehensive Sign Plan Review $215 24 Zoning Verification $90 25 Regulated Activities in Wetlands no fee Regulatory Changes 26 Zoning Map Amendment (non-Annexation) $1,745 $55 per acre 27 UDC Text Amendment $1,585 28 Growth Policy Amendment $2,775 $30 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 $290 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 $265 32 3rd or Subsequent Occupancy Site Inspection $115 33 Extension to Approved Plan $325 if City Commission approval is needed; $95 all others 34 Initial Improvements Agreement (IA) $460 OR 1 percent of face value, whichever is greater 35 Reduction in Security (other than final) $230 36 Impact Fee Deferral $60 Abbreviations: UDC = Unified Development Code; DU = Dwelling Unit; COA = Certificate of Appropriateness; NCOD = Neighborhood Conservation Overlay District; ECOD = Entryway Corridor Overlay District 448 Open Window Consulting | Fee Schedule for Planning Review Applications 3 449 Open Window Consulting | Fee Schedule for Planning Review Applications 4 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 $125 if in Overlay District; $25 all others Residential Building Permit Review $50 Commercial/Industrial Building Permit Review $105 450