HomeMy WebLinkAboutcoa.lu.ca.2002 Fee Ord Update.A100-01
CASE NUMBER
PARCEL ID #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
r'l
('"'1
,
A100-01
Fee Ordinance Update
James Lindt
Fee Ordinance Update
City of Aspen Community Development Dept.
11/26/01
Ord, 48-2001 Not Ado
1/4/02
J. Lindt
h
r')
J..::'l..
o~.
~~
"-.,,,
, ~
t:"1
\, .,
MEMORANDUM
TO:
The Mayor and City Council
THRU:
Julie Ann Woods, Community Development Director
John Worcester, City Attorney
FROM:
James Lindt, Planning Technician
RE:
2002 Amendment to Community Development Fees
DATE:
November 26,2001
SUMMARY: The City Manager has directed staff to propose an average offour (4) percent
increases on land use and zoning fees for 2002, The attached fee schedule reflects about a
four (4) percent increase in all of the land use and zoning fees over the 2001 levels. Some of
the proposed land use fees were rounded to increments of five to make them more user
friendly than if they were increased by exactly four (4) percent A four (4) percent increase
will yield an hourly rate of$215,00 an hour of planner time for land use reviews,
Several new fees are being proposed as part of a new banner policy that has been drafted for
signage on public right-of-way and in public parks, This is scheduled for City Council's
review on December 3rd. The new signage policy includes a fee of $25.00 for a review by
the Zoning Officer of signs that are associated with special events in publicly owned spaces,
but that are not required to go to the Special Events Committee for approval. Staff has
included this as a new proposed fee to make the fee schedule consistent with the signage
policy, Staff is also proposing a fee of $25,00 for banner installation over Main Street and
on light poles that are associated with Special Events. The aforementioned fee is also set
forth in the new signage policy for publicly owned spaces,
The Historic Preservation review fees have been amended to reflect the anticipated changes
to the Historic Preservation Program, Applications for designation to the list of Historic
Structures and exempt development will not be charged a review fee, An application for a
Certificate of No Effect is proposed to be charged a flat fee of $290 for review, A Certificate
of No Effect is an application for remodel of a historic structure that is found to have no
impact on character defining features of a historic structure. A Minor Development Review
application is proposed to be charged a deposit of $540 for review, which reflects
approximately a four (4) percent increase over this year's fee for a Minor HPC
A review of an application for a Significant Development of a historic property under 1,000
square feet is proposed to be charged a deposit of $1290, This is approximately a four (4)
percent increase from this year. A review of an application for a Significant Development of
a historic property over 1,000 square feet is proposed to be $2580, This is also
approximately a four (4) percent increase over this year's fees, Applications for Demolitions
and Off-site Relocations of Historic Structures are proposed to be charged a deposit of $2580
for review expenses, An application for a Substantial Amendment to an approved Certificate
r\
r)
of Appropriateness is proposed to be charged a review deposit of $540. An appeal of an
HPC Decision to City Council is proposed to be charged a review deposit of $540.
Review deposits of $540 would pay 25 hours of planner time. A review deposit of $1290
would pay for 6 hours of planner time and a review deposit of $2580 would pay for 12 hours
of planner time. If the number of planner hours used in reviewing a case exceeds the number
of hours paid for in the deposit, then the applicant would be billed out at $2 I 5 an hour for the
additional time spent reviewing an application.
Staff recommends that City Council approve the requested amendment to the
Community Development Fees Schedule.
CITY MANAGER'S COMMENTS:
EXHIBITS:
Exhibit A: Proposed 2002 Land Use and Zoning Fee Schedule
Exhibit B: Approved 2001 Fee Schedule
2
f""",
,1 \ Ij
F'"""~, do d- \ (2;,
Land use application fees.
(a) The categories ofreview processes and base fees for the processing ofland use
applications shall be as follows:
L
Base Fee
Category Hours (Deposit)
All Major Applications 12 $2,405.00
All Minor Applications 6 1,205.00
Staff Approvals 2,5 500.00
Flat Fee 280.00
2,
3.
4.
5. Referral Fees--Environmenta1 Health, Housing, Engineering
a. Minor Applications $180.00
b. Major Applications $345.00
6,
Public Right-of-way Construction License
$305.00
7.
Development Order Recordation Fee
35.00
The public right-of-way construction license fee may be waived or reduced in the
discretion of the Community Development Director upon a showing of hardship or in situations
where the fee may be excessive for the work proposed to be performed in the public right-of-
way.
(b) The Community Development Department staff shall keep an accurate record of
the actual time required for the processing of each land use application and additional billings
shall be made commensurate with the, additional costs incurred by the city when the processing
of an application by the Community Development Department takes more time than is covered
by the base fee. In the event the processing of an application by the Community Development
Department takes less time than provided for in subsection (a), the department shall refund the
unused portion of the base fee,
(c) The following guidelines shall be used for the administration of the fee structure
set forth above:
(1) Fees charged for the processing of applications which fall into more than one
category shall be cumulative; while the fees charged for the processing of applications within the
same category shall not be cumulative. In the event that the fees which result from cumulation
are found by the Community Development Department to be excessive in relation to the number
of hours it is anticipated to require to process the application, the Community Development
Department may waive the cumulation requirement.
t""'\
I~
(2) Additional billings shall be based solely on processing time spent by members of
the Community Development Department or its designee in the processing of an application,
(3) Additional billings shall be computed at the rate of two hundred five dollars
($205.00) per hour of additional Community Development Department staff time required,
Refunds of unused hours shall be made at the rate of one hundred ninety-five dollars ($205.00)
per hour of time.
(4) The Community Development Director shall establish appropriate guidelines for
the collection of additional billings as required.
(5) This fee structure shall be reviewed annually as part of the City of Aspen's budget
hearing process and should any adjustments be necessary, they shall be changed to become
effective on January 1.
(6) The Community Development Department shall identify, prior to or at the time of
submission of a land use application, whether an application is to be referred to the Engineering,
Housing, or Environmental Health Departments, The Community Development Department
shall also identify whether an application constitutes a minor or a major referral, based on the
number of hours that will be required to review the application, and charge the applicant for each
referral accordingly, Additional billings and refunds shall not apply to the computation of
referral fees,
(7) Land use review fees may be waived or reduced in the discretion ofthe
Community Development Director for projects serving a public purpose, proposed by a non-
profit organization, or in which the fee may be excessive for the work proposed,
Section 10
That Section 26.104.071 of the Municipal Code of the City of Aspen, Colorado, which section
establishes historic preservation application fees, is hereby amended to read as follows:
Historic preservation application fees.
The types of applications and fees for the processing of historic preservation and
landmark designation applications shall be as follows (Historic preservation review fees may be
waived or reduced in the discretion ofthe Community Development Director for projects serving
a public purpose, proposed by a non-profit organization, or in which the fee may be excessive for
the work proposed):
1, Exemptions and Insubstantial Modifications $ 70.00
Example: Exterior changes that do not alter the character oflandmarks or structures
within historic districts, or technical changes to previously approved plans.
2, Minor Development and Partial Demolitions $500.00
Example: Minor Development means exterior changes (in combination of no more than
three (3)) that do not alter the character oflandmarks or structures located within historic
districts, and/or additions ofless than two hundred fifty (250) square feet to landmarks or
structures located within historic districts, and minor changes to designated sites, These are
considered one-step applications and go before the HPc' A public hearing is not required,
Example: Partial Demolition means the remodel of a portion of the affected building,
o
A
3. Significant Development (Under 1,000 sq, ft.) $1205.00
Example: Multiple exterior changes, additions ofless than one thousand (1,000) square
feet (between 250--1,000 sq. ft.), and some partial demolitions. These are two-step applications
that require a public hearing before the HPC at Conceptual Development (first step). Publication,
posting and mailing are required for all HPC public hearings, A bond or financial security may
be required,
4, Significant Development (Over 1,000 sq. ft.) $2405.00
Example: Major remodels involving partial demolition, additions over one thousand
(1,000) square feet and on-site relocations, These are two-step applications that require a public
hearing before the HPC at Conceptual Development (first step). Publication, posting and mailing
are required for all HPC public hearings, A bond or financial security may be required.
5. Demolitions and Off-Site Relocations $2405.00
Example: Full demolition and complete relocations off-site, These are two-step
applications that require a public hearing before the HPC at Conceptual Development (first step).
Publication, posting and mailing are required for all HPC public hearings, A bond or financial
security may be required.
The examples listed for different types of applications are intended solely as a guide and
are not binding upon the Community Development Department in assessing the proper fee for
processing any particular historic preservation or landmark designation application.
Section 11
That Section 26.104.072 of the Municipal Code of the City of Aspen, Colorado, which section
establishes zoning fees, is hereby amended to read as follows:
26,104.072 Zoning fees,
Zoning shall be charged the following fees for the services listed:
L Building plan checks by zoning (a $105,00 deposit shall be collected at building
permit application submittal):
A. RESIDENTIAL, AGRICULTURAL, AND PUBLIC USES WITHIN THE
PUBLIC ZONE DISTRICT
I, Bear Proof Trash Container (Zoning & Building) $50.00
2. Manufactured Housing without basement $100,00
3, Manufactured Housing with basement $100.00
4. New Work and Major Repair/Remodeling Change Orders
Up To 500 s.f. $100.00
501 - 3,500 d. $.13/s,f.
3,501 - 10,000 s.f. $490 plus $30/s.f. for
each additional foot over
3,501 s.f
10,000 + s.f. $2,440 plus $.35/s.f.
for each additional
foot over 10,000 s.f
5. Minor Repair /Remodel and Change Orders $100.00
A
,-..
c ; .'~
(Note: Minor applications request no changes to floor area, use, height and
lor footprint. Those applications which are not Minor are consider MajoL)
B. NON-RESIDENTIAL
1. Bear Proof Trash Containers (Zoning and Building) $50.00
2. New Work, Major Repair/Remodeling and Change Orders
Up To 500 d. $100.00
501 - 5,000 s.f. $.30 s,f.
5,001 + 10,000 s,f $1,450 plus $.60/d for
each additional foot over
5,001 s.f.
10,001 + greater d $4,450 plus $,70/s.f. for
each additional foot over
10,001
3. Minor Remodel/Repair/Change Orders, $85,00
(Note: Minor applications request no changes to floor area, use, height and
lor footprint. Those applications which are not Minor are consider MajoL)
C, ZONING ENFORCEMENT FEES
L Projects constructed without permits, fees are doubled as a penalty,
2. PENALTY PROVISION
A penalty fee for enforcement actions requiring a land use
approval
$650,00
3, Sign permits:
Processing and code compliance for all sign permits
$120.00
4. Board of Adjustment fees:
Processing and application fee for all Board of Adjustment appeals
$165.00
D. Zoning review fees may be waived or reduced in the discretion of the Community
Development Director for projects serving a public purpose, proposed by a non-profit
organization, or in which the fee may be excessive for the work proposed.
I"'")
()
""2.. '5 I h 'f'
26.04.060 Land use application fees.
(a) . The categories of review processes and base fees for the processing ofland use
applications shall be as follows:
2,
All Minor Applications
6
Base Fee
(Deposit)
~~5N). 00
~ fr;.-((O,OO
~!5'fO, 0"0
~ '2.10. 00
Category
Hours
L
All Major Applications
12
3,
Staff Approvals
4.
Flat Fee
5, Referral Fees--Environmental Health, Housing, Engineering
a, Minor Applications $~ ,,,'0
b. Major Applications ~ ~&D
6,
Public Right-of-way Construction License
~~~
7.
Development Order Recordation Fee
35.00
The public right-of-way construction license fee may be waived or reduced in the
discretion of the Community Development Director upon a showing of hardship or in situations
where the fee may be excessive for the work proposed to be performed in the public right-of-
way,
(b) The Community Development Department staff shall keep an accurate record of
the actual time required for the processing of each land use application and additional billings
shall be made commensurate with the additional costs incurred by the city when the processing
of an application by the Community Development Department takes more time than is covered
by the base fee, In the event the processing of an application by the Community Development
Department takes less time than provided for in subsection (a), the department shall refund the
unused portion of the base fee,
(c) The following guidelines shall be used for the administration of the fee structure
set forth above:
(1) Fees charged for the processing of applications which fall into more than one
category shall be cumulative; while the fees charged for the processing of applications within the
same category shall not be cumulative. In the event that the fees which result from cumulation
are found by the Community Development Department to be excessive in relation to the number
of hours it is anticipated to require to process the application, the Community Development
Department may waive the cumulation requirement
(2) Additional billings shall be based solely on processing time spent by members of
the Community Development Department or its designee in the processing of an application.
t')
(")
2t ~ (3) Additional billings shall be computed at the rate oftwo hundred five dollars
(~) per hour of additional Community Development Department staff time required''2.I'~
Refunds of unused hours shall be made at the rate of one hundred ninety-five dollars ~:UO)
per hour of time,
(4) The Community Development Director shall establish appropriate guidelines for
the collection of additional billings as required,
(5) This fee structure shall be reviewed annually as part of the City of Aspen's budget
hearing process and should any adjustments be necessary, they shall be changed to become
effective on January L
(6) The Community Development Department shall identify, prior to .or at the time of
submission of a land use application, whether an application is to be referred to the Engineering,
Housing, or Environmental Health Departments, The Community Development Department shall
also identify whether an application constitutes a minor or a major referral, based on the number
of hours that will be required to review the application, and charge the applicant for each referral
accordingly. Additional billings and refunds shall not apply to the computation ofreferral fees.
(7) Land use review fees may be waived or reduced in the discretion of the
Community Development Director for projects serving a public purpose, proposed by a non-
profit organization, or in which the fee may b~ssive for the work proposed.
s~A./ ~ve~ S1!~"'~'pfO'1~J J;z;'5 . J.
Section fo Qo.\\Y\-LV' ~1I\S~tlCAho"" ~ /fb - tJOwe.. co{lecr Ut IS
.
That Section 26,04,070 of the Municipal Code of the City of Aspen, Colorado, which section
establishes historic preservation application fees, is hereby amended to read as follows: