PZC Packet 040312Staff Report — Code Text Amendment �I
April 3, 2012 Planning & Zoning Commission Meeting AVON
To The Avon Planning and Zoning Commission
From Jared Barnes, Planner I
Date March 30, 2012
RE: Resolution 12-03, 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
Summary
Town Staff is presenting a modification to Section 7.04.100, Fees, of the Avon Municipal Code as well as
an updated Development Review Application Fee Schedule. The combination of these two modifications
will allow the Town to set certain application types (i.e. Minor Design and Development Plan, Sign
Design, Sign Programs, Railroad Bridge Banners, Alternative Equivalent Compliance, etc.) as flat fees
and others will remain pass-through accounts with billable staff time. This code text amendment is a
required public hearing and staff noticed this meeting in the Vail Daily on March 9th, 2012. The Public
Hearing on March 20th, 2012 was continued to the April 3rd, 2012 meeting.
Update
The Planning and Zoning Commission (PZC) held a public hearing at their March 20th, 2012 meeting.
The recommended code text was discussed and was sufficient for the PZC, but much of the discussion
centered on the updated Development Review Fee Schedule. The PZC requested that several fee
categories be revised or added, such as 1041 Permits, Railroad Bridge Banners, and Work Sessions.
Staff has reviewed the request and modified the proposed Fee Schedule ("Exhibit B to PZC Resolution
12-03", Attachment A) to include 1041 Permits and updated the language for the Railroad Bridge
Banners.
With regard to the Work Session fee category, Staff recommends that a flat fee be required, but allow the
Director of Community Development to waive the fee for a single instance only on specific work session
requests that are minor in nature. This direction will be consistent with the direction Staff has received
from the Town Council regarding Work Sessions as well as the current execution of Work Session
Reviews. Eric Heil, Town Attorney, has provided input on Work Session reviews (Attachment B) and
expresses concern over potential legal issues related to pre -judgment of an applicant during these
reviews. He does recognize the importance of work session reviews when potential projects are utilizing
town property for improvements.
The Town has yet to charge applicants additional costs associated with special meetings. The Staff time
required for these meetings are billed against the application deposit regularly, but it does not account for
commissioner time. In practice these special meetings have been few and far between. Staff
recommends that special meetings should be only scheduled if the Director of Community Development
and PZC chairman agree that the application addresses a pressing matter that cannot wait until the next
regularly scheduled meeting. Furthermore, special meetings should only be scheduled if enough
members can attend the meeting to have a quorum.
Background
The adoption of Title 7 of the Avon Municipal Code included changing how the Town of Avon collected
fees and billed for Staff review time. Prior to the adoption of Title 7, all fees charged for Development
Review Applications were considered flat fees that did not change depending on the amount of staff
review time. During the adoption of Title 7, the Planning and Zoning Commission (PZC) and Town
Council (TC) discussed changing the process to require development review applications to "pay their
way". This was in response to some applications consuming a large amount of staff time beyond the
amount of time anticipated in the development review fee. Title 7, along with the adoption of the
Development Review Fee Schedule (Attachment C), requires all development applications to be treated
April 3, 2012 PZC Meeting - §7.04.100, Fees, Code Text Amendment Page 11
as pass-through accounts whereby the applicant is liable for all costs incurred by the Town associated
with the review. Additional fees are requested if the initial fee is not sufficient to cover the cost of the
application review. Likewise, if the billable review time is less than the application fee, the applicant is
entitled to a reimbursement.
In December 2011, Town Staff presented a summary of Fees collected during the 2011 calendar year
(Table 1) to the Community Development Subcommittee (CDS). The CDS discussed the amount of staff
time associated with processing refunds and questioned the appropriateness of the new process for
smaller, less complex development review applications. In January, 2012, Town Staff presented the CDS
decision to the Town Council and requested that the Town Council initiate a Code Text Amendment to
allow for certain application types to revert back to flat fees.
Discussion
Town Staff presented Table 1 to the CDS and Town Council, showing the total number of planning and
subdivision applications received in 2011. Table 1 includes the initial fee accepted with the application,
the average final fee for each type of application, and the number of refunds and additional fees required
from each type of application.
Table 1 Plannina and Subdivision Fee Intake and Refunds -2011
PLANNING AND SUBDIVISION FEES
Number
of Applications
Initial
Fee
Average
Final Fee
Application
Refunds
Additional
Fees Required
Major Design & Development Plan
2
$1,100
$1,360
1
1
Minor Design & Development Plan
32
$75
$77
11
9
Alternative Equivalent Compliance
3
$250
$144
3
0
PUD
1
$150
$403
0
1
Sign Design
11
$100
$86
6
1
Special Review Use
7
$500
$216
7
0
1041 Permit
1
$10,000
$1,291
1
0
Subdivision
1
$675
$497
1
0
The Community Development Subcommittee reviewed the information provided in Table 1 and concluded
that the average time associated with the process of refunding overpayments and requesting additional
fees on smaller projects did not justify the amount of additional fees refunded or collected.
Attached to this memo is Resolution 12-03 (Attachment A), which outlines the proposed changes to
section 7.04.100, Fees. The proposed changes expand the sentence that requires pass-through
accounts for all development review applications to allow the Town Council, through a resolution, to adopt
flat fees. In addition to re-classifying certain application types, Staff also took this opportunity to clean up
redundancies in the fee schedule and simplify the information conveyed to the public. For example, the
currently adopted fee schedule splits Major Development Plan and Design Review into two separate fee
categories. In practice, Staff always requires both of these fees for any Major Design and Development
Plan application. Simplifying this information will assist the public in understanding the required fee at the
time of submission.
The proposed amendments will promote the goals of Title 7, Avon Municipal Code (Development Code),
by creating a more streamlined process for smaller and less complex project types. Furthermore, the
proposed amendments will directly respond to changed conditions and create less negative feedback for
smaller and less complex project types. Staff has determined that the proposed amendments comply
with the Review Criteria for Code Text Amendments as set forth in §7.16.040(c), Avon Municipal Code.
Review Criteria
§7.16.040(c), Code Text Amendment Review Criteria
The PZC and Town Council shall use the following review criteria as the basis for recommendations and
decisions on applications to amend the text of the Development Code:
(1) The text amendment promotes the health, safety and general welfare of the Avon Community;
April 3, 2012 PZC Meeting - §7.04.100, Fees, Code Text Amendment Page 12
(2) The text amendment promotes or implements the goals and policies of the Avon Comprehensive
Plan;
(3) The text amendment promotes or implements the purposes stated in this Development Code; or
(4) The text amendment is necessary or desirable to respond to changed conditions, new planning
concepts or other social or economic conditions.
Recommendation
Staff recommends that the PZC approve Resolution 12-03, 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.
Attachments:
A. Resolution 12-03, A Resolution Recommending Approval Of Amendments To Section 7.04.100,
Fees, Of The Avon Municipal Code And Amending The Development Review Fee Schedule To
Allow The Town Council To Adopt Flat Fees For Certain Application Types.
B. Email from Eric Heil, Town Attorney, regarding Work Session Reviews
C. Approved Development Review Fee Schedule
April 3, 2012 PZC Meeting - §7.04.100, Fees, Code Text Amendment Page 13
ATTACHMENT A
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 Avon 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 APRIL, 2012
AVON PLANNING AND ZONING COMMISSION
Signed:
Chris Green, Chair
Resolution 12-03, Code Text Amendment for Flat Fees
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 adopted by the Town Council
through 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 Text Amendment for Flat Fees 3
"Exhibit B to PZC Resolution 12-03"
Development Review Application Fees
TYPE OF REVIEW
FLAT FEE
Alternative Equivalent Compliance
$250
Extensions to Final Design & Development Plans
'/2 of Design & Development Plan Review Fees
Individual Sign
$100.00
Master Sign Program MSP or MSP Amendment
$300.00
Minor Design & Development Plan
Residential
$75.00
Mixed Use/Other
$250.00
Pre -Application Review
No Charge
Railroad Bridge Banner Review and Installation
$100
Work Session
$250, but may be waived at the discretion of the
Director of Community Development
TYPE OF REVIEW
INITIAL DEPOSIT FEE
Planning & Z ning 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
$700.00
4-9 DU
$1,100.00
10-20 DU
$1,600.00
21-40 DU
$2,300.00
41-60 DU
$3,300.00
61-100 DU
$4,500.00
100 + DU
$7,000.00
Mixed Use, Commercial, Industrial
Up to 1,000 Sq. Ft. Gross Floor Area
$925.00
1,000-2,499 Sq. Ft. Gross Floor Area
$1,300.00
2,500-4,599 Sq. Ft. Gross Floor Area
$1,500.00
5,000 — 9,999 Sq. Ft. Gross Floor Area
$2,000.00
10,000 — 19,999 Sq. Ft. Gross Floor Area
$3,000.00
20,000 — 49,999 Sq. Ft. Gross Floor Area
$4,500.00
Over 50,000 Sq. Ft. Gross Floor Area
$6,500.00
Planned Unit Development PUD
1-4 Dwelling Unit DU Residential Only
$1,000.00
5-50 DU Residential Only
$2,000.00
50+ DU Residential Only
$2,000.00 Base Fee + $15.00 per DU
Mixed Use to 50 DU
$2,000.00
Mixed Use over 50 DU
$2,000.00 Base Fee + $15.00 per DU
Minor Change to Preliminary PUD
$150
Minor Amendment to Final PUD
$150
Rezoning
$2,000.00
Resolution 12-03, Code Text Amendment for Flat Fees
Right -of -Way Vacation
$250
Special Review Use
Residential
$250.00
Commercial/Industrial
$500.00
Temporary Use
$100.00
Variance
$500.00
Vested Property Rights
Billable Hourly Rate by Town Attorney
SUBDIVISION FEES
Administrative Subdivision
Condominium & Timeshare Subdivision
$500.00
Technical Correction
$500.00
Lot Line Adjustment
$500.00
Major Subdivision
Preliminary Plan
Land Subdivision
10 Lots or Less
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condominium/Townhouse Subdivision
5- 10 Units
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $10.00 per each DU over 10
Final Plat
Land Subdivision
5-10 Lots
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condom inil um/Townhouse Subdivision
5- 10 Units or Less
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $15.00 per each DU over 10
Minor Subdivision
$675.00
Subdivision Exemption $500.00
IF STAFF HOURLY RATES
Director and Town Engineer $79.00/hour
Senior Planner/Project Engineer
$63.00/hour
Planner II/En ineer II
$57.00/hour
Planner I/ Engineer I
$53.00/hour
GIS Analyst
$53.00.hour
Town Attorney
$240.00/hour
Resolution 12-03, Code Text Amendment for Flat Fees
Jared Barnes
From:
Eric Heil Email
Sent:
Thursday, March 29, 2012 3:49 PM
To:
Jared Barnes; Eric Heil
Cc:
Matt Pielsticker
Subject:
RE: Fees paragraph
Jared and Matt, you asked for me to provide some comments from a legal perspective concerning
work sessions and potentially establishing fees for conducting work sessions.
Conducting work sessions with a prospective applicant has the potential to raise legal issues such as
bias, pre -judgment of an application and other challenges to due process rights of interested parties
with standing. Specifically, making statements about one's support or non-support of a potential
application can lead to claims of bias and pre -judgment. Also, the general public and neighboring
property owners may have criticisms of the process if statements are made in favor of an application
prior to the scheduling of a public hearing. In addition, expressing support for a project at a work
session, then changing one's position to non-support can lead to confusion and criticism by an
applicant who may feel misled. For these reasons, I do not recommend using work sessions for
applicants to "test the waters" for the applications prior to a submittal.
On the other hand, I recognize that work sessions can be valuable for situations which do not directly
implicate review of an application or elicit comments on the merits of an application. Specifically,
work sessions can be valuable for complex development applications when the applicant has
questions concerning the type and scope of required studies and other application submittal
materials. Also, work sessions can be valuable when a property owner seeks a better general
understanding of community goals and the comprehensive plans without presenting a specific
development application. Work sessions can also be productive and appropriate where unusual
situations arise, such as the Wyndam's proposal to use, development and encroach upon portions of
Town right-of-way.
Please let me know if I can be of any further assistance on this matter.
Thank you, Eric
Eric J. Heil, Esq.,A.I.C.P.
HEIL LAW
& PLANNING, LLC
2696 S. Colorado Blvd., Suite 550
Denver, CO 80222
Tel 303.975.6120
Mob 303.518.4678
Fax 720.836.3337
E -Mail eric@heillaw.com
Website www.heillaw.com
This communication may contain confidentia/attorney-client privileged information. Unauthorized receipt or use of this communication is not permitted. if you have
received this communication in error, please delete the message and contact Heil Law car Planning, LLC., immediately.
From: Jared Barnes [mailt0barnesPavon.org]
Sent: Thursday, March 29, 2012 3:16 PM
Development Review Application Fees ATTACHMENT C
TYPE OF REVIEW INITIAL APPLICATION FEE
Pre -Application Review No Charge
Comprehensive Plan Amendment $3,000.00
Code Text Amendment $3,500.00
Rezoning $2,000.00
Planned Unit Development PUD
1-4 Dwelling Unit DU Residential Only
$1,000.00
5-50 DU Residential Only
$2,000.00
50+ DU Residential Only
$2,000.00 Base Fee + $15.00 per D
Mixed Use to 50 DU
$2,000.00
Mixed Use over 50 DU
$2,000.00 Base Fee +,$15.00 per DU
Minor Change to Preliminary PUD
$150
Minor Amendment to Final PUD
$150 AM
Special Review Use A link,
Residential $200.00 Nk Ar
Commercial/Industrial $500.00
Variance $500.0
Alternative Equivalent Compliance $250
Right -of -Way Vacation $250
Vested Property Rights Billable Hourly Rate by Town Attorney
Location, Character and Extent Review $250
Appeals
Heard by PZC $250.00
Heard by Council $ 250.00 + $50.00 to Town Clerk
Annexation $3,500.00
Minor Development Plan
Residential
$75.00
Mixed Use/Other
$250.00
Design Review
Residential
1-3 Dwelinin`� Units ' U
$300.00
4-9 DU Or
$500.00
10-20 DU
$700.00
21-40 DU
$1,000.00
41-60 DU
$1,400.00
61-100 DU
$1,800.00
100 + DU
$2,500.00
Mixed Use, Commercial, Industrial
Up to 1,000 Sq Ft Gross Floor Area
$425.00
1,000-2,499 Sq Ft Gross Floor Area
$500.00
2,500-4,599 Sq Ft Gross Floor Area
$500.00
5,000 — 9,999 Sq Ft Gross Floor Area
$500.00
10,000 — 19,999 Sq Ft Gross Floor Area
$1,000.00
20,000 — 49,999 Sq Ft Gross Floor Area
$1,500.00
Over 50,000 Sq Ft Gross Floor Area
$2,500.00
Major Development Plan
Residential
1-3 Dwelling Units (DU)
$400.00
4-9 DU
$600.00
10-20 DU
$900.00
TYPE OF REVIEW
INITIAL APPLICATION FEE
21-40 DU
$1,300.00
41-60 DU
$1,900.00
61-100 DU
$2,700.00
100 + DU
$4,500.00
Mixed Use, Commercial or Industrial
Up to 1,000 Sq Ft Gross Floor Area
$500.00
1,000-2,499 Sq Ft Gross Floor Area
$800.00
2,500-4,599 Sq Ft Gross Floor Area
$1,000.00
5,000 — 9,999 Sq Ft Gross Floor Area
$1,500.00
10,000 — 19,999 Sq Ft Gross Floor Area
$2,000.00 14
20,000 — 49,999 Sq Ft Gross Floor Area
$3,000.00
Over 50,000 Sq Ft Gross Floor Area
$4,000.00
Extensions to Final Design and Development
Plans
One-half of Plan Review and Design R iew
Fees
SUBDIVISION FEES
Minor Subdivision
$675.00
Major Subdivision
Preliminary Plan
Land Subdivision
10 Lots or Less
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condominium/Townhouse Subdivision
5- 10 Units
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $10.00 per each DU over 10
Final Plat
Land Subdivision
5-10 Lots
Over 10 Lots
$675 + $67.50 per Lot
$1,350 + $35.00 per each Lot over 10
Condominium/Townhouse Subdivision
5- 10 Units or Le .
Over 10 Units
$675 + $67.50 per DU
$1,350.00 + $15.00 per each DU over 10
Administrative Subdivisio`
Condominium & Timeshare Subdivision
$500.00
Technical Correction
$500.00
Lot Line Adjustment
$500.00
Subdivision Exemption
$500.00
SIGN FEES
Individual Sin
$100.00
Master Sign Program MSP
$300.00
Master Sign Program Amendment
$300.00
STAFF HOURLY RATES:
Director and Town Engineer
$79.00/hour
Senior Planner/Project Engineer
$63.00/hour
Planner II/Engineer II
$57.00/hour
Planner I/ Engineer I
$53.00/hour
GIS Analyst
$53.00.hour
Town Attorney
$240.00/hour