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Home My WebLink AboutA3. Resolution 4656 Planning Fees Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Wendy Thomas, Director of Community Development SUBJECT: Planning Fee Schedule Public Hearing and Resolution 4656 for Adoption MEETING DATE: December 28, 2015 AGENDA ITEM TYPE: Action RECOMMENDATION: After conducting the public hearing, adopt Resolution 4656 amending the fee schedule, for the annual adjustment based on cost of labor index, for the review of zoning, subdivision, annexation, growth policy proposals and other planning related review processes. MOTION: Having reviewed and considered the staff report, public comment, and all information presented, I hereby move to approve Resolution 4656 adopting a new Planning Fee Schedule, with an effective date of January 1, 2016. EXECUTIVE SUMMARY: The City Commission adopted a new Planning Fee Schedule on April 13, 2015. The goal of the revised schedule 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. Resolution 4587 included the following provision for an annual cost adjustment: 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. Per the Department of Labor, the annual cost of labor index for government workers, the annual adjustment for a 12 month period ending on November 30, 2015 is 2.3 percent. That increase Per City Commission direction, the data (direct and indirect costs and active staff review time) upon which the fee schedule was based will be reanalyzed in three to five years. Data analysis 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 250 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 as Proposed for Adoption Resolution 4656 Report compiled on: November 28, 2015 251 COMMISSION RESOLUTION NO. 4656 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 252 Resolution 4656, Amending Fee Schedule for Planning Related 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 Section 2 This fee schedule shall be in full force and effect on January 1, 2016. 253 Resolution 4656, Amending Fee Schedule for Planning Related Review Processes Page 3 of 3 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. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of December, 2015. JEFFREY K. KRAUSS Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________________ GREG SULLIVAN City Attorney 254 Resolution 4656 Exhibit A Open Window Consulting | Fee Schedule for Planning Review Applications 1 Fee Schedule for Planning Review Applications Effective January 1, 2016 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 $41 per hour after initial 2 hours Site Development 2 Master Site Plan $1,785 3 Site Plan $2,100 $115 per DU; Non Residential Space 0-30,000 SF - $542 per 1,000 ft2 Additional ft2- $255 per 1,000 ft2 Buildings with four or more stories- $102 per 1,000 ft2 after initial 30,000 ft2 - Subdivision Development 4 Subdivision Pre-Application (Step 1) $ 385 minor/ $840 major $41 per lot 5 Subdivision Preliminary Plat (Step 2) $1,785 minor/ $2,840 major; PLUS noticing fee of $6.50 per physically contiguous property owner $72 per lot 6 Subdivision Final Plat (Step 3) $1,580 minor/ $2,635 major $72 per lot 7 Subdivision Exemption $205 8 Condominium Review (Independent of site development process) $165 Planned Unit Development 9 PUD Concept Plan (Step 1) $1,370 10 PUD Preliminary Plan (Step 2) $1,575 $92 per DU; $285 per 1,000 ft2 of non-residential space 11 PUD Final Plan (Step 3) $1,370 $92 per DU; $285 per 1,000 ft2 of non-residential space 255 Resolution 4656 Exhibit A 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) $1,540 Appeals 13 Appeal of Administrative Interpretation $715 14 Appeal of Administrative Project Decision Original application fee plus $200 for public noticing via newspaper Zoning Reviews & Design Reviews 15 Commercial Reuse $125 16 Commercial/Non-Residential COA (Independent of a Site Plan or Reuse application) $335 17 Historic Neighborhood (NCOD) Design Review / Residential COA $82 18 Informal Review $270 per Board 19 Zoning Deviation $215 each 20 Zoning Variance or Subdivision Variance $1,770 21 Conditional Use Permit (CUP) $1,470 22 Special Temporary Use Permit $165 per week 23 Comprehensive Sign Plan Review $220 24 Zoning Verification $95 25 Regulated Activities in Wetlands no fee Regulatory Changes 26 Zoning Map Amendment (non-Annexation) $1,785 $57 per acre 27 UDC Text Amendment $1,620 28 Growth Policy Amendment $2,840 $31 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 $300 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 $270 32 3rd or Subsequent Occupancy Site Inspection $120 33 Extension to Approved Plan $330 if City Commission approval is needed; $100 all others 34 Initial Improvements Agreement (IA) $470 OR 1 percent of face value, whichever is greater 35 Reduction in Security (other than final) $235 36 Impact Fee Deferral $61 Abbreviations: UDC = Unified Development Code; DU = Dwelling Unit; COA = Certificate of Appropriateness; NCOD = Neighborhood Conservation Overlay District; ECOD = Entryway Corridor Overlay District 256 Resolution 4656 Exhibit A Open Window Consulting | Fee Schedule for Planning Review Applications 3 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 $130 if in Overlay District; $25 all others Residential Building Permit Review $51 Commercial/Industrial Building Permit Review $107 257