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TC Res. No. 2012-06 Revised Fee Schedule for Zoning, Subd, Design and DevelopmentTOWN OF AVON, COLORADO RESOLUTION NO. 12 -06 SERIES OF 2012 A RESOLUTION REVISING THE FEE SCHEDULE FOR ZONING, SUBDIVISION AND DESIGN AND DEVELOPMENT REVIEW APPLICATIONS. WHEREAS, the Town Council may enact and update fee schedules to accurately reflect the cost of labor and overhead involved with all application processes as stipulated in Chapter 7 of the Avon Municipal Code; and, WHEREAS, the Town has determined that a revised fee schedule is necessary to include a flat fee section as established with the adoption of Ordinance 12 -05; and, WHEREAS, the Town Council has determined that it is in the best interest of the Town to revise the fee schedule for zoning, subdivision and design and development review applications, setting the fees for such applications; and, WHEREAS, this Resolution does hereby amend the fee schedule adopted by Resolution 11 -10. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the following: The Town Council hereby adopts the revised Fee Schedule, which is attached here to as Exhibit A, and made a part hereof. ADOPTED THIS " DAY OF tL , 2012 TOWN COUNCIL TOWN OF AVON COLORADO Rich Carroll, Mayor ATTEST: �o�N OF Abp Catherine Mythen, Deputy Town Clerk p.00L0aF�0 Res 12 -06: Fee Schedule for Zoning, Subdivision, and Design and Development May 8, 2012 Revision Pagel of 3 "Exhibit A to Resolution 12 -06" Development Review Application Fees TYPE OF RE\/lEW ,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. May be waived at the discretion of the Director of Community Development TYPE OF REVIEW INITIAL DEPOSIT FEE w ., ......., .. , ...... .,.Plartnmg &,Zonirg�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 Res 12 -06: Fee Schedule for Zoning, Subdivision, and Design and Development Review May 8, 2012 Revision Page 2 of 3 Minor Change to Preliminary PUD $150 Minor Amendment to Final PUD $150 Rezoning $2,000.00 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 0 SIONFEES. ,,,. .,.. s... 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 Condominium /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 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 Res 12 -06: Fee Schedule for Zoning, Subdivision, and Design and Development Review May 8, 2012 Revision Page 3 of 3 To Honorable Mayor and Town Council From Jared Barnes, Planner I Thru Patty McKenny, Interim Town Manager )N�3 Eric Heil, Town Attorney Date May 8, 2012 Meeting Re Resolution No. 12 -06: Revising the Fee Schedule for Zoning, Subdivision, and Design and Development Review Applications Summary This is the reading of Resolution No. 12 -06. Series of 2092 a Resolution Revising the Fee Schedule for Zoning, Subdivision. and Design and Development Review Applications (Exhibit A). Discussion Council Resolution 12 -06 revises the Fee Schedule for Zoning, Subdivision, and Design and Development Applications. The revisions include re- classifying applications into two categories: Flat Fees and Initial Deposits. 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. Due to the inter - related nature of Resolution No. 12 -06 and Ordinance No. 12 -05, the two items are presented and analyzed as a single item. Legislatively, they will be considered separately but should be adopted (or denied) together. Please refer to the memo for Ordinance No. 12 -05 which provides a comprehensive background, explanation and analysis of the proposal, and recommendation for both Resolution No. 12 -06 and Ordinance No. 12 -05. Town Manager Comments: ag-IA^---- r Attachments A. Council Resolution No: 12 -06, Revising the Fee Schedule for Zoning, Subdivision, and Design and Development Review Applications. Town Council Meeting May 8, 2012 — Resolution 12 -05 Page 11 TOWN OF AVON, COLORADO RESOLUTION NO. 12-06 SERIES OF A RESOLUTION REVISING THE FEE SCHEDULE FOR O, SUBDIVISION AND DESIGN AND DEVELOPMENT WHEREAS, the Town Council may enact and update fee schedules to accurately reflect the cost of labor and overhead involved with all application processes as stipulated in Chapter 7 of the Avon Municipal Code; and, WHEREAS, the Town has determined that a revised fee schedule is necessary to include a flat fee section as established with the adoption of Ordinance 12 -05; and, WHEREAS, the Town Council has determined that it is in the best interest of the Town to revise the fee schedule for zoning, subdivision and design and development review applications, setting the fees for such applications; and, WHEREAS, this Resolution does hereby amend the fee schedule adopted by Resolution 11 -10. following: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the The Town Council hereby adopts the revised Fee Schedule, which is attached here to as Exhibit A, and made a part hereof. ADOPTED THIS DAY O ; TOWN COUNCIL TOWN OF AVON COLORADO Mayor ATTEST: Town Clerk Res 12 -06: Fee Schedule for Zoning, Subdivision, and Design and Development Review May 8, 2012 Revision Pagel of3 "Exhibit A to Resolution 12 -06" 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. May be waived at the discretion of the Director of Community Development TYPE OF REVIEW INITIAL DEPOSIT FEE Planning & Zonin 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 Res 12 -06: Fee Schedule for Zoning, Subdivision, and Design and Development Review May 8, 2012 Revision Page 2 of 3 Minor Change to Preliminary PUD $150 Minor Amendment to Final PUD $150 Rezoning $2,000.00 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 Condominium/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 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 Res 12 -06: Fee Schedule for Zoning, Subdivision, and Design and Development Review May 8, 2012 Revision Page of TOWN OF AVON, COLORADO DO SOLUTION ISO. 12 -06 SERIES OF 2012 RESOLUTION SCHEDULE FOR ZONING, SUBDIVISION 1 DESIGN AND DEVELOPMENT REVIEW APPLICATIONS. WHEREAS, the Town Council may enact and update fee schedules to accurately reflect the cost of labor and overhead involved with all application processes as stipulated in Chapter 7 of the Avon Municipal Code; and, WHEREAS, the Town has determined that a revised fee schedule is necessary to include a flat fee section as established with the adoption of Ordinance 12 -05; and, WHEREAS, the Town Council has determined that it is in the best interest of the Town to revise the fee schedule for zoning, subdivision and design and development review applications, setting the fees for such applications; and, WHEREAS, this Resolution does hereby amend the fee schedule adopted by Resolution 11 -10. NOW, THEREFORE, BE RESOLVED following: THE TOWN OF AVON, COUNTY OF EAGLE, STATE OF COLORADO, the The Town Council hereby adopts the revised Fee Schedule, which is attached here to as Exhibit A, and made a part hereof. ADOPTED r 1 l t�; i TOWN COUNCIL TOWN OF AVON COLORADO Mayor ATTEST: Town Clerk "Exhibit A to Resolution 12 -06" 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. May be waived at the discretion of the Director of Community Development TYPE OF REVIEW INITIAL DEPOSIT FEE Plannin & Zoning 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 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 Condominium/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 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 Attachment C TOWN VON COLORADO PLANNING COMMISSION i, O SERIES OF 2012 W! ill On 1� ,: s� • 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 Pee Schedule f6r 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 teat of Title 7 of the Avon Mnnicipal Code in accordance with Section 7.16.040, Code Text Amendment, Avon Municipal Code: and WHEREAS, the Planning rind 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 ,14uniciPal 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. Signed: Chris Green, Chair ReSOILlf1011 12-03, Code Text Amendment for Flat Fees Attest: APRIL, 2012 Scott Prince, Secretary "Exhibit A to PZC Resolution I2 -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. 1.mlcss otherwise stated t7 -1 • dic ;;C_bedgle of 1' is ttdum_c-�d_l?y_d.e Jh,7 Vfl COL11611 it ?rot3t lr a resole 1011. 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 l=ee 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 Iu -Full Required. A11 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. Resoluholl 12 -01. Code Text Amendment for Flat Fees 3 "Exhibit B to PZC Resolution 12 -03" 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. May be waived at the discretion of the Director of Community Development TYPE OF REVIEW INITIAL DEPOSIT FEE Planning & Zoning 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 „ e 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 1 2,500 -4,599 S . 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 j $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 i $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 X1,350 +$35.00 per each Lot over 10 Condominium /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 STAFF�HOURLY RATES Director and Town Engineer $79.00 1hour 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 Resolution 12 -03, Code Text Amendment for Flat Fees Attachment TYPE OF REVIEW INITIAL APPLICATION FEE Pre-Application Review No Char e 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 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 Special Review Use Residential $200.00 Commercial /Industrial $500.00 Variance $500.00 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 Dwelling Units (DU) $300.00 4 -9 DU $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 21 -40 DU $1,300.00 TYPE OF REVIEW INITIAL APPLICATION FEE 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 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 Review 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 Condom inium/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 Less Over 10 Units $675 + $67.50 per DU $1,350.00 + $15.00 per each DU over 10 Administrative Subdivision Condominium & Timeshare Subdivision $500.00 Technical Correction $500.00 Lot Line Adjustment $500.00 Subdivision Exemption $500.00 SIGN FEES Individual Sign $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 $53.00.1hour Town Attorney $240.00 /hour To Honorable Mayor and Town Council From Jared Barnes, Planner I Thru Patty McKenny, Interim Town Manager Eric Heil, Town Attorney Date April 24, 2012 Meeting Re First Reading: Ordinance No. 12 -05: Amending Section 7.04.100 of the Avon Municipal Code to allow the Town Council to adopt flat fees through the Community Development Fee Schedule; and, DRAFT Resolution No. 12 -06: Revising the Fee Schedule for Zoning, Subdivision, and Design and Development Review Applications Summary This is the first reading of Ordinance No. 12 -05. Amending Section 7.04. 100 of the Avon Municipal Code to allow the Town Council to adopt flat fees through the Fee Schedule (Exhibit A). Accompanying this item because they are inter - related is Resolution No. 12 -06: Revising the Fee Schedule for Zoning Subdivision. and Design and Development Review Applications (Exhibit B). Legislatively, they will be considered separately but should be adopted (or denied) together as further noted under Recommendations in this memo. Background On January 24, 2012, the Town Council initiated an amendment to Title 7 of the Avon Municipal Code (AMC) to allow for the Town Council to adopt flat fees for certain development review application types. The Planning and Zoning Commission (PZC) reviewed the proposed amendments and recommended amending Section 7.04.100, Fees, as well as adopting a new Fee Schedule through PZC Resolution 12 -03 (Exhibit C). Fee Discussion z 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. Section 7.04.100 requires all development applications to be treated 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). 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. Town Council Meeting April 24, 2012 — Ordinance 12 -06 and Resolution 12 -05 First Reading Page 11 Table 1 Planning and Subdivision Fee Intake and Refunds -2099 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 $1,291 1 0 Subdivision 1 $675 1 $497 1 1 0 The CDS 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. Town Staff subsequently presented the information to the Town Council, who concurred with the CDS and initiated a code text amendment. 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 less complex project reviews. 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 and exhibited below under Code Text Amendment Review Criteria. Proposed Amendments Attached to this memo is Ordinance 12 -05 (Exhibit 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, at their discretion and through a resolution, to adopt flat fees. Specifically subsection 7.04.100(b) is revised to read: (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 throuah 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 reviewfees when the application process is complete. Also attached to this memo is Council Resolution 12 -06 (Exhibit B), which revises the Fee Schedule for Zoning, Subdivision, and Design and Development Applications. In addition to re- classify 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 consistently 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. PZC Recommendation After reviewing the proposed amendments, the PZC found that the proposed amendment to subsection 7.04.100(b) adequately provided the Town Council flexibility to amend fees for development applications Town Council Meeting April 24, 2012 — Ordinance 12 -06 and Resolution 12 -05 First Reading Page 12 between flat fees and pass- through accounts on an ongoing basis. They also found that the process for amending these fees, through a Resolution, was transparent and efficient for future modifications. The PZC discussed at length Work Session reviews and Special Meetings, while citing positive and negative work session review examples. Specifically they discussed the need for submittal requirements to ensure that most work session reviews were positive. Concern was expressed over the lack of standards for determining when to schedule both types of reviews, as they are currently at the discretion of the Director and PZC Chairman. Furthermore, the PZC determined that the Alternative Equivalent Compliance, Extension to Design and Development Plans, Individual Sign Design, Sign Programs and Amendments, Minor Design and Development Plans, Railroad Bridge Banners, and Work Sessions should all be flat fees. Finally, the PZC also determined that simplifying the Fee Schedule would assist the public in understating required fees for submission. Code Text Amendment — Review Criteria Pursuant to ADC Section 7.16.040, Code Text Amendments, 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 ADC: 1. The Text amendment promotes the health, safety and general welfare of the Avon Community; Staff Response: Amending the Fee Schedule to allow for flat fees does not affect the health, safety, and general welfare of the Avon Community. 2. The text amendment promotes or implements the goals and policies of the Avon Comprehensive Plan; Staff Response: The proposed amendments do not affect the goals and policies of the Avon Comprehensive Plan. 3. The text amendment promotes or implements the purposes stated in the Development Code; Staff Response: The proposed amendments help achieve the goals and purposes of the Development Code, by further streamlining the development review process. In addition, the proposed changes will help the general public better understand the required development application reviewfee. 4. The text amendment is necessary or desirable to respond to changed conditions, new planning concepts or other social or economic conditions. Staff Response: The proposed amendments respond to changed conditions by reducing the amount of staff time required to process payments for smaller, less complex projects. Furthermore, the proposed changes address the intent of pass- through accounts by limiting their applicability to more complex project reviews. Recommendations If the Council is satisfied with the PZC recommendations and the proposed amendments to the Development Code, they should take two courses of action so that the approval timing of the proposed Ordinance and Resolution may occur at the same meeting. First, approve the first reading of Ordinance No: 12 -05 and schedule a public hearing and second reading of the Ordinance for April 10, 2012. Second, the Town Council should table Resolution No: 12 -06 to May 8, 2012 so that it can be reviewed and approved along with the second reading of Ordinance No: 12 -05. The tabling of Resolution No: 12 -06 will allow the Town Council to approve the Ordinance allowing for flat fees as well as the Resolution for adopting flat fee for certain project types to occur at the same meeting. Town Council Meeting April 24, 2012 — Ordinance 12 -06 and Resolution 12 -05 First Reading Page 13 Town Manager Comments: Attachments A. Council Ordinance No: 12 -05, Amending Section 7.04. 100 of the Avon Municipal Code to allow the Town Council to adopt flat fees through the Fee Schedule B. DRAFT Council Resolution No: 12 -06, Revising the Fee Schedule for Zoning, Subdivision, and Design and Development Review Applications. C. PZC Resolution 12 -03 D. Approved Development Review Fee Schedule Town Council Meeting April 24, 2012 — Ordinance 12 -06 and Resolution 12 -05 First Reading Page 14