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PZC Res. No. 2012-03 (2)TOWN OF AVON, COLORADO PLANNING COMMISSION RESOLUTION 12-03 SERIES OF 2012 A RESOLUTION RECOMMENDING APPROVAL OF AMENDMENTS TO SECTION 7.04.100, FEES, AVON MUNICIPAL CODE; AND, AMENDING THE DEVELOPMENT REVIEW FEE SCHEDULE TO ALLOW THE TOWN COUNCIL TO ADOPT FLAT FEES FOR CERTAIN APPLICATION TYPES WHEREAS, the Avon Municipal Code was amended to require all development applications to be treated as pass-through accounts whereby the Applicant shall be liable for all costs of review incurred by the Town; and WHEREAS, the Avon Town Council adopted the Fee Schedule for Zoning, Subdivision, Design and Development Review Applications through Resolution 10-34 on December 14, 2010; and, WHEREAS, the Avon Community Development Subcommittee and Avon Town Council determined that certain development applications would be better suited as a flat fee, thus reducing the amount of staff time required to process payments and refunds; and WHEREAS, the Town Council initiated an amendment to the text of Title 7 of the Avon Municipal Code in accordance with Section 7.16.040, Code Text Amendment, Avon Municipal Code; and WHEREAS, the Planning and Zoning Commission of the Town of Avon held public hearings on March 20, 2012 and April 3, 2012, after posting notice of such hearing in accordance with the requirements of the Avon Municipal Code, and considered all comments provided before making a recommendation to the Town Council; and WHEREAS, it is the Planning and Zoning Commission's opinion that the health, safety and welfare of the citizens of the Town of Avon would be enhanced and promoted by the adoption of the amendments to Section 7.04.100, Fees, of the Aron Municipal Code. NOW THEREFORE, BE IT RESOLVED, that the Planning and Zoning Commission hereby recommends that the Town Council of the Town of Avon approve the attached amendments ("Exhibit A to Resolution 12-03") to Section 7.04.100, Fees, of the Avon Municipal Code; and, ("Exhibit B to Resolution 12-03") amendments to the Development Review Fee Schedule, with the following findings: (1) The changes to Section 7.04.100, Fees, of the Avon Municipal Code comply with the criteria set forth in Section 7.16.040(c) of the Avon Municipal Code; and, (2) The Planning and Zoning Commission have determined that certain development applications should be processed as flat fees to reduce the amount of staff time required to process the payments and refunds. ACCEPTED, APPROVED AND ADOPTED THIS AVON PLANNING AND ZONING COMMISSION Signed: -A Chris Green, Chair Resolution 12-03, Code Text Amendment for Flat Fees 3'VAPRIL, 2012 Attest: Scott Prince, Secretary "Exhibit A to PZC Resolution 12-03" 7.04.100 Fees (a) Fees. Reasonable fees sufficient to cover the costs of administration, peer review by professionals qualified in fields relevant to development applications, inspection, publication of notice and similar matters will be charged to applicants for all development applications. The Town Council may adopt, amend and update a schedule of fees by resolution. The Director may require additional fees when deemed necessary and reasonable based on the nature and character of the review required or where unusual issues are presented which may require additional review. (b) Pass Through Accounts. All development applications shall be treated as pass- through accounts. unless otherwise stated in the schedule of fees adonted by the "[own Council throueh a resolution, whereby the Applicant shall be liable for all costs of review incurred by the Town. Additional review fees may be requested if the initial amount designated in the Fee Schedule is not sufficient for the cost of application review. Upon request by the Applicant, the Town shall provide an estimate of the cost for review of a development application. The Director may withhold processing and review of a development application where the Applicant has not provided sufficient fees to continue or complete the application review. The Town shall return the balance of any unused application review fees when the application process is complete. (c) Payment In -Full Required. All development applications shall be required to pay the Town in full for all costs incurred for the review of a development application. Payment in full to the Town of the costs incurred for development application review shall be a condition to each and every development application. The failure to pay the Town in full for the costs incurred for development application review within thirty-five (35) days of final approval shall render any such approval null and void. The Town Council may waive this requirement, reduce fees, or extend the time period for payment. (d) Interest on Delinquent Fees. Development application review fees and charges which are not paid within thirty (30) days of sending an invoice shall be deemed to be past due and shall bear interest at the rate and according to the terms set forth in Chapter 3.32. (e) Lien for Delinquent Fees. All delinquent development application review fees and charges along with such interest that has accrued thereon shall be subject to a lien on the property which the development application concerned and all such delinquent charges may be certified to the Treasurer of Eagle County, Colorado and may be collected and paid over to the Town of Avon by the Treasurer of Eagle County, Colorado in the same manner as taxes are as authorized by Title 31 of the Colorado Revised Statutes. Resolution 12-03, Code Tett Amendment for Flat Fees 3 "Exhibit B to PZC Resolution 12-03" Development Review Application Fees TYPE OF REVIEW Alternative Equivalent Compliance Extensions to Final Design & Development Plans Individual Sign Master Sign Program (MSP) or MSP Amendment Minor Design & Development Plan Residential Mixed Use/Other Pre -Application Review Railroad Bridge Banner Review and Installation Work Session TYPE OF REVIEW FLAT FEE 1 $250 /z of Design & Development Plan Review Fees $100.00 $300.00 $75.00 $250.00 No Charge $100 $250. May be waived at the discretion of the Director of Community Development INITIAL DEPOSIT FEE Planning & Zoninq Fees 1041 Permit $10,000.00 Annexation $3,500.00 Appeals Heard by PZC $250.00 Heard by Council $250 00 + $50.00 to Town Clerk Code Text Amendment $3,500.00 Comprehensive Plan Amendment $3,000.00 Location, Character and Extent Review $250 Major Design & Development Plan Review Residential 1-3 Dwelling Units (DU) 4-9 DU 10-20 DU 21-40 DU 41-60 DU 61-100 DU 100+DU Mixed Use, Commercial, Industrial Up to 1,000 Sq. Ft. Gross Floor Area 1,000-2,499 Sq. Ft. Gross Floor Area 2,500-4,599 Sq Ft Gross Floor Area 5,000 — 9,999 Sq_ Ft. Gross Floor Area 10,000 — 19,999 Sq. Ft. Gross Floor Area 20,000 — 49,999 Sq. Ft. Gross Floor Area Over 50,000 Sq. Ft. Gross Floor Area Planned Unit Development (PUD) 1-4 Dwelling Unit (DU) Residential Only 5-50 DU Residential Only 50+ DU Residential Only Mixed Use to 50 DU Mixed Use over 50 DU Minor Change to Preliminary PUD Minor Amendment to Final PUD Rezoning Resolution 12-03, Code Text Amendment for Flat Fees $700.00 $1,100.00 $1,600.00 $2,300.00 $3,300.00 $4,500.00 $7,00000 $925.00 $1,300.00 $1,500.00 $2,000.00 $3,000.00 $4,500.00 $6,500.00 $1,000.00 $2,000.00 $2,000.00 Base Fee + $15.00 per DU $2,000.00 $2,000.00 Base Fee + $15.00 per DU $150 $150 $2,000.00 Right -of -Way Vacation Special Review Use Residential Commercial/Industrial Temporary Use Variance Vested Property Rights I Administrative Subdivision 1 $250 $250.00 $500.00 $100.00 $500.00 Billable Hourly Rate by Town Attorney SUBDIVISION FEES Condominium & Timeshare Subdivision Technical Correction Lot Line Adjustment Major Subdivision Preliminary Plan Land Subdivision 10 Lots or Less Over 10 Lots Condominium/Townhouse Subdivision 5- 10 Units Over 10 Units Final Plat Land Subdivision 5-10 Lots Over 10 Lots Condom iniumlTownhouse Subdivision $500.00 $500.00 $500.00 $675 + $67.50 per Lot $1,350 + $35.00 per each Lot over 10 $675 + $67.50 per DU $1,350.00 + $10.00 per each DU over 10 $675 + $67.50 per Lot $1,350 + $35.00 per each Lot over 10 5- 10 Units or Less $675 + $67.50 per DU Over 10 Units $1,350.00 + $15.00 per each DU over 10 Minor Subdivision $675.00 Subdivision Exemption $50000 STAFF HOURLY RATES Director and Town Engineer Senior Planner/Project Engineer Planner II/Engineer II Planner I/ Engineer I GIS Analyst Town Attorney Resolution 12-03, Code Text Amendment for Flat Fees $79.00lhour $63.00/hour $57.00/hour $53.00/hour $53.00.1hour $240 00/hour