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HomeMy WebLinkAboutZOA-02-08INTRODUCED BY COUNCIL MEMBER DiTullio Council Bill No. o5-2003 Ordinance No. 3920 Series of 2003 TITLE: AN ORDINANCE AMENDING APPENDIX A TO CHAPTER 26 OF THE CITY OF WHEAT RIDGE CODE OF LAWS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT Section I Appendix A of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as shown on Exhibit A attached to this ordinance Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect immediately upon adoption INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of February , 2003, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 10 , 2003, at 7.00 o'clock p m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of S to 0 , this 10th day of March 2003 C'\Dneumenie and Sc¢ingv\alun\My Documents\W PFilev\i'rojeasbuning amendment4ec sched urd.duc SIGNED by the Mayor on this 11 t-hday of --March,-, 2003 HEN CERVENY, ATTEST kc Wanda Sang, City CI APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication February 27, 2003 2nd Publication March 13, 2003 Wheat Ridge Transcript Effective Date March 10, 2003 C'\Documents and Suttings\alan\My Unuuments\WPPilus\Prngects\enning amendmemsWee silted ord.doc rw 0guj V) 0 0 n. 0. 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Oc a. cti x vdi o m'° 'CL mw o Ro $ uc RNm°'QE99Qn Q =aY 4) m~~>> tdy aN t to O LmOU n3~~a a 3= d. o~tn u _ d Y ' 0 7i C Z N rn N m N N N w N m d ro w m$ u. 3 y U O Z' o is a3' 7~ Z YIM V G F' E too m w b 5 N 4) m y 7 lA N C m O v N C Y m O L G V wr Ntn 'Q Q. !E N U w d C CU O~ G Cf d tv, _ ! V mm d m O- y 7 11- 0 U N y 5. OE N O tU¢ 4 O L p. £ adiOL 0 r- R` coo dGmm m'amm~aotn~ OC 3 c w a c a o f m.m = E m a o -0 co m O r W m d -y N O d U U N d d N U L G O r- 2~ :3 0 p 0 V N v J CITY COUNCIL MINUTES: March 10, 2003 Page -2- Cynthia LeFevre, 12149 E. Exposition Drive, Aurora, also addressed the psychic ordinance. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 05-2003 - An Ordinance amending Appendix A to Chapter 26 of the Code of Laws of the City of Wheat Ridge. (Fee Schedule) V (Case No. ZOA-02-08) Council Bill 05-2003 was introduced on second reading by Mr. DiTullio. Clerk read title and executive summary and assigned Ordinance No. 1280. Alan White, Community Development Director, explained the fees are meant to recover some of the City's cost. When there is a larger project, the fees will be higher. He stressed that there is a lot of review time on some of the projects and we have not recovered our cost, but with the new fees we will be able to recoup some of our cost. We will also start charging a re-submittal fee, which has taken a lot of review time. Don Peterson spoke in support of this ordinance, but had reservations about increasing the surcharge. Motion by Mr. DiTullio to approve Council Bill 05-2003 (Ordinance No. 1280), Case No. ZOA-02-08 on second reading and that the Ordinance take effect immediately upon adoption; seconded by Mr. Edwards; carried 8-0. Item 2. Council Bill 07-2003 - An Ordinance concerning the terms of office for members of the Cultural Commission Council Bill 07-2003 was introduced on second reading by Mr. Schneider, who also read the title and executive summary. Clerk assigned Ordinance No. 1281. Motion by Mr. Schneider that Council Bill 07-2003 (Ordinance No. 1281) be approved on second reading, and take effect 15 days after final publication; Ron Gehauf, term ending 3/2/06: Dona Downing, term ending 3/2/05: Virginia Johnson, term ending 3/2106: Charles Jorgensen, term ending 312/05, Sharon Couturier, term ending 3/2/06: Calvin Johnson, term ending 3/2/05: Jeoffrey Wodell, term ending 3/2/06; Barb Gallagher, term ending 3/2/05: seconded by Mr. Edwards; carried 8-0. OF WHEgT ITEM NO: v Pm OLORA~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: March 10, 2003 TITLE: AN ORDINANCE AMENDING APPENDIX A TO CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO PLANNING AND ZONING FEES (CASE NO. ZOA 02-08) ® PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: February 24, 2003) ❑ BIDS/MOTIONS ® ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No AL-, Community Development Director EXECUTIVE SUMMARY: City Manager This ordinance amends the fees charged by the Community Development Department for processing land use cases. The fees were last updated in 2001. The proposed fee schedule was created by reviewing the amount of time spent reviewing certain land use cases processed in 2002, the cost to the City for that time, and the fees collected for that land use case. Adjustments were made in either the "base fee" or the cost per acre or dwelling unit to cover as much as possible the time spent reviewing cases and preparing for hearings. The proposed fees include the cost of engineering review. The approach used to establish the new fees assigns an average amount of staff time, and the subsequent average cost, to an average project. One significant cost to the City is the cost to review submittals up to six and seven times. The proposed fee schedule establishes a significant increase in the resubmittal fee. The proposed fees were compared with surrounding communities. Results of the comparison showed the proposed fees to be comparable to Lakewood's and slightly higher than Golden's. Lakewood's cover engineering review, while Golden's do not. The proposed fees are higher than Arvada's, but their fees are very low. The Planning Commission reviewed this ordinance and recommended three changes. Staff agrees with the change recommended for increasing the fee for final development plans and this has been incorporated into the proposed fee schedule. COMMISSION/BOARD RECOMMENDATION: The Planning Commission recommended approval of the new fee schedule with the following policy modifications: 1. That City Council find mechanisms to place surcharges, or higher charges, (perhaps 50%) on commercial projects. Staff would note that some fees are already higher for non- residential projects and commercial projects do not necessarily require more time to review. Fees as much as 50% higher could be a deterrent to commercial development. Staff does not recommend making this change. 2. The $1,000 fee for a final development plan of planned developments be reduced by 50% and the acre charge be doubled to $500 up front and $500 per acre, or some similar modification so as not to unduly discourage small planned developments. Staff agrees with the recommendation to lower the base fee and raise the per acre fee for final development plans. The proposed fee schedule has been changed accordingly. 3. Allow a significant reduction in special use permit (SUP) fees for any property owner required to apply for a SUP due to a change in the ordinance which made a prior legal use one which would now require a special use permit. Staff is not sure of the intent of this recommendation. During the re-write of Chapter 26, uses that were made special uses that were previously permitted uses were made legally non-conforming, meaning that a special use is not required unless the use is not enlarged or altered. In the case of tattoo parlors and physic advisors, the existing locations were grandfathered. The uses were not listed previously in the use chart. No change to the current special use fee is proposed with the new fee schedule. Staff will re-evaluate the special use permit fee pending any changes to the special use process adopted' by Council. STATEMENT OF THE ISSUES: Fees should cover, as nearly as possible, the costs involved with staff review of land use cases. Since the last fee increase in 2001, personnel costs in the Community Development Department have increased approximately 10%. Not all staff time can be charged to a land use case. Questions about zoning and zoning regulations, researching and drafting ordinances, and preparing updates to the Comprehensive Plan are examples of work performed by staff for which a fee cannot be charged. Many of the land use cases involve review by personnel in the Public Works Department. The current fee schedule does not include the cost of engineering review. The proposed fees include the cost of engineering review. A comparison with other communities' fees is difficult given the different processes and steps in the processes of different jurisdictions. We have made comparisons where we could and have found the proposed fees to be comparable to Lakewood's and slightly higher than Golden's. Lakewood's cover CAProjects\zoning amendments\Fees\new fee schedule 2nd reading.doc engineering review, while Golden's do not. The proposed fees are higher than Arvada's, but their fees are very low. One significant cost to the City is the cost to review submittals up to six and seven times. The old resubmittal fee was a flat $150 per resubmittal (after the first two reviews). Under the new fee schedule, this fee will still be charged after the first two reviews, but a significant increase in the fee will be charged for each subsequent resubmittal. Publication fees were not changed due to a change in notification procedure that has reduced the publication cost, but personnel costs have risen to offset this reduced cost. ALTERNATIVES CONSIDERED: A straight percentage increase was considered, but this would not adequately include the costs of engineering review. FINANCIAL IMPACT: If the same number and types of cases processed in 2002 were processed in 2003, the fees collected in 2003 would be approximately $73,900. This is an increase of $48,900 in the budgeted revenue for 2003. The $73,900 is an increase of 53% over the $48,300 in fees collected in 2002. "I move to approve Council Bill No. Case No. ZOA 02-08, an Ordinance amending Appendix A to Chapter 26 of the City of Wheat Ridge Code of Laws pertaining to planning and zoning fees, on second reading and that the ordinance take effect immediately upon adoption." Or, "I move to table indefinitely Council Bill No. , Case No. ZOA 02-08, an Ordinance amending Appendix A to Chapter 26 of the City of Wheat Ridge Code of Laws pertaining to planning and zoning fees, on second reading with the following findings: 1. 2. " Initiated by: Community Development Department Report Prepared by: Alan White 303-235-2844 Attachments: 1. Old Fee Schedule 2. Council Bill No. , with proposed fees schedule attached. C:\Prcjects\zoning amendments\Fees\new fee schedule 2nd reading.doc CITY OF WHEAT RIDGE ZONING AND DEVELOPMENT FEE SCHEDULE - EFFECTIVE 4116101 IN 5 Pre-Application $150 Annexation and Zoning Application Fee $500 + $50/acre Publication/Public Notice Fee $500 Variance Administrative or Regular Application Fee $200 Publication/Public Notice Fee $90 Temporary Permit 30-Day Application Fee $150 Publication/Public Notice Fee $90 One-Year Application Fee $200 Publication/Public Notice Fee $90 Minor Subdivision Without Dedication Application Fee $500 + $30/lot SFR $500 + $100/acre Non SFR Publication/Public Notice Fee $150 With Dedication Application Fee $500 + $30/lot SFR $500 + $100/acre Non SFR Publication/Public Notice Fee $300 Major Subdivision Preliminary Plan Application Fee $500 + $30/lot SFR $500+$100/acre Non SFR Publication/Public Notice Fee $300 Final Plat Application Fee $300 + $15/lot SFR $300 + $100/acre Non SFR Publication/Public Notice Fee $300 Lot Line Adjustment, Plat Amendment, or Consolidation Plat without Dedication Application Fee $200 Publication/Public Notice Fee $0 Consolidation Plat With Dedication Application Fee Publication/Public Notice Fee $300 $300 R-O-W Vacation, Street Width Designation Application Fee $300 Publication/Public Notice Fee $300 ATTACHMENT 1 Planned Building Group, Site Plan Application Fee Publication/Public Notice Fee Special Use Permit Application Fee Publication/Public Notice Fee Rezoning Rezone to Non-PD District Application Fee Publication/Public Notice Fee Rezone to PD District Planned Developments Final Development Plan Development Plan Amendment Application Fee Publication/Public Notice Fee Application Fee Publication/Public Notice Fee Application Fee Publication/Public Notice Fee $250/acre $0 $500 $300 $500 + $15/acre $300 $750 + $15/acre $300 $250/acre $300 $250/acre $300 (Not required if administrative) Floodplain Exemption Class 1 Class 11 Application Fee Publication/Public Notice Fee Application Fee Publication/Public Notice Fee $150 $0 $250 $90 Resubmittal Fee $150 Each application shall be reviewed by staff once and be returned for corrections. If after review of the resubmittal changes have not been made as requested by staff, the application will be returned with corrections. Subsequent review will occur only when the resubmittal fee is paid. Each subsequent resubmittal will require the fee. Multiple Case Process In cases where applications require the processing of more than one request, the applicant will be charged the fees for each request. Recording Fees Applicants will be charged the fees to record documents as set by the County Clerk and Recorder as follows: Plats & Development Plans Boundary Surveys Mylar Copies Other Documents (8 1/2 x 11 or 8 1/2 x 14) $10/page $20/first page + $10/ea. add'I page $5/page $5/page NOTES: SFR = Single Family Residential and Duplex Per Acre charges are based upon the acreage rounded to the next highest whole number. Applicants will be charged the actual cost of mailing and publication of public notices. Costs given are for an average of 12 mailings and public notice with an average legal description. Applications with extraordinary mailing requirements or legal descriptions will be charged the additional cost of postage or publication. INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING APPENDIX A TO CHAPTER 26 OF THE CITY OF WHEAT RIDGE CODE OF LAWS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Appendix A of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as shown on Exhibit A attached to this ordinance. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect immediately upon adoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2003, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. ATTACHMENT 2 CADocuments and Settings\alan\My Documents\WPFi1a\Projects\zoning amendments\fee sched ord.doc SIGNED by the Mayor on this day of 2003. CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY Ist Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: CADocumenis and Settings\alan\My Documents\WPFileffrojects\zoning amendments\fee sched ord.doc Q L) N N N (D LO U) C) a a N N O U) LO d= O O O O O ~O y)O ~ 00 00 3 0 O M + M + M +M + M + M 64 ( ) r(A O L J (A (A O (A O (f1 O EA 0 6% O (A Cl) (D co U) M co 6-1 ta 4-1 <A • 64 a C ; e d ~ d d d y y d Q) O a) L C d C d a i LL LL U L U 0 a U a LL U LL U N U = Q t a z 0 o O O 0 z z c z c z z s`r adi adi 0 c 0 L) v LL LL U dm j dm d~Q 'O d.a a d d ~ dd Q, d d d 0 LL a d= LL a d= LLLa c d d O LL a c d d LL d LL = a d LLa U O U h G G C C rm C C C o ` C C E C C C C C C ` 0 0 X00 b oo da oo ¢ oo Q o 0 0 0 00 _o' « z U z E 0 a m 6 y 6 u E G m m c m m e , m a m m m m > =nN Q C d d 0 G L) . O. d o Y s m o o n m a o d 0 0 0 8 ' d . Q. 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E Qd d U d N N 2] O 0 C w N LO Ul Q d 4.61 d N N 6 N N C Ld-. a N C 7. LL p C LL = d co d O . d c X a t U L O U 'D CU N Vi (4 N a n o 4-O) 'O a N c) a.. _ a cv ~Z=z 3 U) rno d E 3 ° C O a vi d 0.m ' E N 4N) ° o)$ a U c aD 'c dR U Ru) U Nrna N0- .0 7.0 .Q 1 a) 03j OO~_d0 r a) U~'.. E T-w N a) CL a) c - IL d J a d N O a C N N N N N 0. E T a U) C a) .0 N d O d N Z `o d c 75 E 4) 0 LL cC = c'a a V N LO N Md'¢ R" a Y = LL Y° 0) U LL d Q a 0 0 a 'a 0 0 pQ c -0 cu U d U C_ 0422 U p Z, O CL 0 r c o.~ 10 .2.2 a a c a) _a c m E o 6 USN ya~ J U) a d N 41 n..n 7 U > d d_ d 0 fl. d a O L.. N a ,N C C_ C` C_ N a o a E - oci¢a 0 y¢a a0 w 0 L y 3+ 0:<0' ad, O M a m N of WHE4, ITEM NO: Vi 44 REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: February 24, 2003 TITLE: CASE NO. ZOA 02-08, AN ORDINANCE AMENDING CHAPTER 26 PERTAINING TO PLANNING AND ZONING FEES ❑ PUBLIC HEARING ® ORDINANCES FOR 1ST READING (Date: ) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ❑ RESOLUTIONS Quasi-Judicial: ❑ Yes No 4- Community Development Director RECOMMENDED ACTION: City Manager I move to approve Council Bill No. , Case No. ZOA 02-08, on first reading, ordered published, public hearing set for March 10, 2003 at 7:00 p.m. in the City Council Chambers. EXECUTIVE SUMMARY: This ordinance amends the fees charged by the Community Development Department for processing land use cases. FINANCIAL IMPACT: If the same number and types of cases processed last year were processed in 2003, the fees collected would be approximately $73,900, or an increase of 53% over the $48,300 in fees collected in 2002. COMMISSION/BOARD RECOMMENDATION: The Planning Commission recommended approval of the new fee schedule with the following policy modifications: 1. That City Council find mechanisms to place surcharges, or higher charges, (perhaps 50%) on commercial projects. 2. The $1,000 fee for a final development plan of planned developments be reduced by 50% and the acre charge be doubled to $500 up front and $500 per acre, or some similar modification so as not to unduly discourage small planned developments. 3. Allow a significant reduction in special use permit (SUP) fees for any property owner required to apply for a SUP due to a change in the ordinance which made a prior legal use one which would now require a special use permit. PROJECT HISTORY: Fees were last updated in 2001. STATEMENT OF THE ISSUES: Fees should cover, as nearly as possible, the costs involved with staff review of land use cases. Since the last fee increase in 2001, personnel costs in the Community Development Department have increased approximately 10%. Not all staff time can be charged to a land use case. Questions about zoning and zoning regulations, researching and drafting ordinances, and preparing updates to the Comprehensive Plan are examples of work performed by staff for which a fee cannot be charged. Many of the land use cases involve review by personnel in the Public Works Department. The current fee schedule does not include the cost of engineering review. The proposed fees include the cost of engineering review. A comparison with other communities' fees is difficult given the different processes and steps in the processes of different jurisdictions. We have made comparisons where we could and have found the proposed fees to be comparable to Lakewood's and slightly higher than Golden's. Lakewood's cover engineering review, while Golden's do not. The proposed fees are higher than Arvada's, but their fees are very low. Regarding the Planning Commission recommendations: 1. Some fees are already higher for non-residential projects. Commercial projects do not necessarily require more time to review. Fees as much as 50% higher could be a deterrent to commercial development. Staff does not recommend making this change. 2. Staff agrees with the recommendation to lower the base fee and raise the per acre fee for final development plans. The proposed fee schedule has been changed accordingly. Staff is not sure of the intent of this recommendation. During the re-write of Chapter 26, uses that were made special uses that were previously permitted uses were made legally non- conforming. No special use is required if the use is not enlarged or altered. This was not the case with tattoo parlors and physic advisors. No change to the current special use fee is proposed with the new fee schedule. Staff will re-evaluate the special use permit fee pending any changes to the process adopted by Council. C:\Documents and Settings\alan\My Documents\WPFiles\Projects\zoning amendments\new fee schedule.doc ALTERNATIVES CONSIDERED: A straight percentage increase was considered, but this would not adequately include the costs of engineering review. Report Prepared by: Alan White 303-235-2844 Attachments: 1. Current fee schedule. 2. Council Bill No. with proposed fee schedule attached. C:\Documents and SettingsWan\My Documents\WPFiles\Projects\zoning amendments\new fee schedule.doc It was moved by Commissioner McNULLIN and seconded by Commissioner PLUMMER to recommend approval of the variance associated with Case No. MS-02-08, a request for a 7.5-foot lot width variance for a corner lot located in the R-1C zone district, for property located at 6015 West 40th Avenue for the following reasons: 1. The hardship has not been created by any person having current interest in the property. 2. The request would not be detrimental to the public welfare or injurious to other properties in the area. 3. Granting of the variance will not alter the essential character of the locality. In answer to questions from Commissioner McMILLIN, Alan White stated that the applicant recently purchased this property and had no interest in the original subdivision and that he could see no visual or other impact to having a 75-foot width on Harlan Street. Commissioner SNOW requested a friendly amendment to add a fourth reason: A portion of the lot width deficiency on Harlan was created by the City's right-of-way dedication to match existing sidewalks. The amendment was accepted by Commissioners McMILLIN and PLUMMER. The motion passed 6-0 with Commissioner McNAMEE absent. It was moved by Commissioner SNOW and seconded by Commissioner COOPER to recommend approval of Case No. MS-02-08, a request for a final subdivision plat for property located at 6015 West 40th Avenue for the following reasons: 1. The subdivision meets all requirements of a final plat with the granting of a variance for the lot width requirement for a corner lot in the R-IC zone district. With the following condition: 1. The fee in lieu of parkland dedication, as specified by the Parks and Recreation Commission, be paid for each lot prior to issuance of the certificate of occupancy. The motion passed 6-0 with Commissioner McNAMEE absent. C. Case No. ZOA-02-08: An ordinance amending Appendix A of Chapter 26 of the Wheat Ridge Code of Laws pertaining to the Zoning and Development Fee Schedule. The case was presented by Alan White. He reviewed the staff report with a recommendation of approval of the new fee schedule. Fee schedules were last revised two years ago. One significant increase is due to the costs of engineering reviews required for certain cases. Fee schedules of surrounding communities were surveyed. The suggested fee schedule will be similar to that of Lakewood. Commissioner PLUMMER expressed concern about the impact of increased fees on small development, such as when an individual wants to build a single house on a vacant lot. He Planning Commission Page 3 February 6, 2003 asked what the increased fees would have cost the previous applicant. Alan White gave an estimate of $2,325 or an increase of approximately $800 from the present fee schedule. Commissioner SNOW expressed concern about situations where someone would have to pay these fees in addition to obtaining a special use permit. In answer to a question from Commissioner McMILLIN, Alan White stated that fees are not proportional to the size of the development. Commissioner McMILLIN stated that he would not be in favor of increasing the intial pre-application fee and, further, he believed the planned development fees should be proportional to the size of the development. Chair WEISZ asked if there were any present who wished to address this matter. Don Peterson " ° 9945 West 34`n Drive Mr. Peterson spoke in favor of the fee increase because he believed the city should be able to recover the costs incurred in processing developments. He also suggested the possibility of finding a way to shorten the process for small developers which would result in lower fees. Commissioner SNOW expressed concern that the city doesn't have the ability to offer fee waivers to attract certain types of development the city might find desirable. Commissioner McMILLIN asked if there was any basis to set costs according to the value of the development. Alan White explained that the schedule does allow for some differentiation in fees between commercial and residential. In response to another question from Commissioner McMILLIN, Mr. White stated that he knows of at least one jurisdiction that has a substantial differentiation between fees for commercial as opposed to residential developments. It was moved by Commissioner McMILLLIN and seconded by Commissioner SNOW to recommend approval of the ordinance amending Appendix A of Chapter 26 concerning the fees charged for the review of land use applications with the following policy modifications: 1. That City Council find mechanisms to place surcharges, or higher charges, (perhaps 50%) on commercial development. 2. The $1,000 fee for a final development plan of planned developments be reduced by 50% and the acre charge be doubled to $500 up front and $500 per acre, or some similar modification so as not to unduly discourage small planned developments. Commissioner SNOW requested a third modification which would allow for a significant reduction in special use permit (SUP) fees for any property owner required to apply for a SUP due to a change in the zoning ordinance which made a prior legal use one which would now require a special use permit. This amendment was accepted by Commissioner McMILLIN. Planning Commission Page 4 February 6, 2003 The motion passed 6-0 with Commissioner McNAMEE absent. 8. OLD BUSINESS Gerald Dahl, city attorney, appeared before the Commission to address a letter from Dan Schneider which was copied to Planning Commission members asking for a change to plat conditions imposed during a previous hearing. Mr. Dahl advised the Planning Commission that they have no jurisdiction in this matter. Discussion ensued regarding the possible institution of a cost recovery provision in the code. It was moved by Commissioner SNOW and seconded by Commissioner PLUMMER to request that City Council consider an ordinance which would institute a cost recovery system for road and drainage improvements and a further requirement that evidence of permission for off-site road improvements, drainage and use of drainage systems be required as a condition of approval. The motion passed 6-0 with Commissioner McNAMEE absent. Commissioner McMILLIN reported that the owner of the Phillips 66 station has yet to comply with lighting standards. Alan White stated that the owner has been contacted about this and will follow up with the owner again. 9. NEW BUSINESS AF • Commissioner SNOW requested that the list of uses allowed in neighborhood commercial zones be reviewed at a future study session. She expressed concern that this list includes uses such as candy stores that probably shouldn't require a special use permit. Commissioner SNOW moved and Commissioner PLUMMER seconded that Planning Commission consider reviewing the issue of both special and permitted uses in the . neighborhood commercial district at a study session (date to be set by staff). The motion passed 6-0 with Commissioner McNAMEE absent. 10. COMMISSION REPORTS Chair WEISZ announced that she will be having surgery and will be absent from the next two planning commission meetings. 11. COMMITTEE AND DEPARTMENT REPORTS There were no committee or department reports. Planning Commission Page 5 February 6, 2003 INTRODUCED BY COUNCIL MEMBER Council Bill No. Ordinance No. Series of 2003 TITLE: AN ORDINANCE AMENDING APPENDIX A TO CHAPTER 26 OF THE CITY OF WHEAT RIDGE CODE OF LAWS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Appendix A of Chapter 26 of the Wheat Ridge Code of Laws is hereby amended as shown on Exhibit A attached to this ordinance. Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 4. Supersession Clause. If any provision, requirement or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards herein shall supersede and prevail. Section 5. This ordinance shall take effect immediately upon adoption. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 2003, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 2003, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of 2003. CADocuments and Settings\alan\My Documents\WPFiles\Projects\zoning amendmentsWee sched ord.doc SIGNED by the Mayor on this day of 2003. GRETCHEN CERVENY, MAYOR ATTEST: Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1st Publication: 2nd Publication: Wheat Ridge Transcript Effective Date: CADocuments and Settings\alanNMy Documents%WPFiles%Projects\zoning amendmentsVee sched ord.doc City of Wheat Ridge ~F WHEgT p Community Development Department Memorandum c~E OR P~~ TO: Planning Commission FROM: Alan White, Community Development Director 0V SUBJECT: Ordinance Regarding Appendix A to the Zoning and Development Code - Fee Schedule DATE: January 30, 2003 Attached is an ordinance changing the fees for various land use applications processed by the Department. The fee schedule is Appendix A to Chapter 26. As with any change to Chapter 26, Planning Commission needs to provide a recommendation to City Council. Also attached is the current fee schedule which has been in place for two years. A comparison of the current fees with the proposed fees shows an increase for most applications. The reasons for the increase are twofold: • Increased personnel costs over the past two years. • Inclusion of fees for engineering review. Higher fees are associated with the more complex projects where a substantial amount of engineering review occurs. Staff recommends approval of the new fee schedule. Suggested Motion: "I move to recommend approval of the ordinance amending Appendix A of Chapter 26 concerning the fees charged for the review of land use applications." CMwumenB and Sewngs\alan\My Documents\WPFiles\MEMOS\Fee Sched PC.doe CITY OF WHEAT RIDGE PLANNING AND DEVELOPMENT DEPARTMENT FEE SCHEDULE - EFFECTIVE 4/16101 Pre-Application $150 Annexation and Zoning Application Fee $500 + $50/acre Publication/Public Notice Fee $500 Variance Administrative or Regular Application Fee $200 Publication/Public Notice Fee $90 Temporary Permit 30-Day One-Year Application Fee $150 Publication/Public Notice Fee $90 Application Fee $200 Publication/Public Notice Fee $90 Minor Subdivision Without Dedication Application Fee $500 + $30/lot SFR $500 + $100/acre Non SFR Publication/Public Notice Fee $150 With Dedication Application Fee $500 + $30/lot SFR $500 + $100/acre Non SFR Publication/Public Notice Fee $300 Major Subdivision Preliminary Plan Application Fee $500 + $30/lot SFR $500+ $1001acre Non SFR Publication/Public Notice Fee $300 Final Plat Application Fee $300 + $15/lot SFR $300 + $100/acre Non SFR Publication/Public Notice Fee $300 Lot Line Adjustment, Plat Amendment, or Consolidation Plat without Dedication Application Fee $200 Publication/Public Notice Fee $0 Consolidation Plat With Dedication Application Fee $300 Publication/Public Notice Fee $300 R-O-W Vacation, Street Width Designation Application Fee $300 Publication/Public Notice Fee $300 Current Planned Building Group, Site Plan Application Fee Publication/Public Notice Fee Special Use Permit Application Fee Publication/Public Notice Fee Rezoning Rezone to Non-PD District Rezone to PD District Application Fee Publication/Public Notice Fee Planned Developments Final Development Plan Application Fee Publication/Public Notice Fee Development Plan Amendment Application Fee Publication/Public Notice Fee Application Fee Publication/Public Notice Fee $250/acre $0 $500 $300 $500 + $15/acre $300 $750 + $15/acre $300 $250/acre $300 $250/acre $300 (Not required if administrative) Floodplain Exemption Class I Class II Application Fee Publication/Public Notice Fee Application Fee Publication/Public Notice Fee $150 $0. $250 $90 Resubmittal Fee $150 Each application shall be reviewed by staff once and be returned for corrections. If after review of the resubmittal changes have not been made as requested by staff, the application will be returned with corrections. Subsequent review will occur only when the resubmittal fee is paid. Each subsequent resubmittal will require the fee. Multiple Case Process In cases where applications require the processing of more than one request, the applicant will be charged the fees for each request. Recording Fees Applicants will be charged the fees to record documents as set by the County Clerk and Recorder as follows: Plats & Development Plans $10/page Boundary Surveys $20/first page + $10/ea. add'I page Mylar Copies $5/page Other Documents (8 1/2 x 11 or 8 1/2 x 14) $5/page NOTES: SFR = Single Family Residential and Duplex Per Acre charges are based upon the acreage rounded to the next highest whole number. Applicants will be charged the actual cost of mailing and publication of public notices. 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NNN O Ea v m. rnm0N>>>>a 00 a)0 U ET_ N Y a a N 0 0 0 E N N N N E_ 9 N N a 0. 0 C T U (a a) r (D LL 0 ~4) 'a n+ C C 'a+ rL+ C C 16 U N p N M V Q a) Y j LL ° a) (n J LL U Qm00 0v00 rac .0 c U0~ a o s E Uw N c a) c c.L.L) O~'-2'`-2 aL a) N c E.0 n a) c co J N O. Q N a7 m U N 0= c L CD > N -c m= V nc m O+~ N _j L) 0 M 0 0<CL 0N¢a ~w c0>t ~~Y 3 K¢ 0 aa))am0 0 M d in NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on February 6, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 29w Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-02-08: An ordinance amending Appendix A to Chapter 26 of the Wheat Ridge Code of Laws pertaining to the Zoning & Development Fee Schedule. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: January 30, 2003 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge PLANNING COMMISSION on January 16, 2003, at 7:00 p.m. in the City Council Chambers of the Municipal Building at 7500 West 291h Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petition shall be heard: Case No. ZOA-02-08: An ordinance amending Appendix A to Chapter 26 of the Wheat Ridge Code of Laws pertaining to the Zoning & Development Fee Schedule. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To Be Published: Wheat Ridge Transcript Date: January 9, 2003 Case No.: OA0208 Quarter Section Map N App: Last Name: Citywide Related Cases: App: First N ame: Case Histor y: Owne r: Last Name: Owner: First Nam e:.... App Addre as: ~ Review Body: City, State Z ip: r App: Pho ne: APN: Owner Address: 2nd Revie w Body: City/St ate/Zip: 2nd Review Date Owner Phone: Decision-making Body Project Address: - Appro vallDenial Date: Street Name : City/State, Zip: Reso/Ordinance No.: Case Disposition: Project Planner: hite File Lo cation: ctive Notes:. Follow- Up: o.: mend code concerning removal of fee schedule rom code PC - 1/16/03 CC -.1127103 (1st) CC - 2110/03 (2nd) Conditions of Approval: District: F_ Date Rec eived: 1211712002 Pre-App Date: F_ C.ofo"~pagel";: