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HomeMy WebLinkAbout13004RESOLUTION NO. 13004 A RESOLUTION ADOPTING A FEE SCHEDULE FOR ZONING APPLICATIONS FOR CONDITIONAL USE PERMITS WHEREAS, Sections 17-8-13, 17-5-38, 17-6-5 and 12-4-8 of the Pueblo Municipal Code provide that City Council shall by Resolution establish a schedule of fees, charges and expenses for applications before the Zoning Board of Appeals, the Planning and Zoning Commission and the City Council; and WHEREAS, the Pueblo City Council hereby finds and determines that the following fee schedule is fair and reasonable in relation to the cost and expense, both direct and indirect, in providing the identified services and processing the application. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following fee schedule is hereby adopted for applications made to the Department of Planning and Community Development: Conditional Use Permits: Child care home $500 Retail marijuana testing facility $2,500 Retail marijuana grow facility $5,000 Retail marijuana product manufacturing facility $5,000 Conditional Use Permit Renewal: Child care home $50 Retail marijuana testing facility $2,500 Retail marijuana grow facility $5,000 Retail marijuana product manufacturing facility $5,000 SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the transactions described herein. SECTION 3. This Resolution shall become immediately effective upon final passage and approval. INTRODUCED: June 23, 2014 BY: Chris Kaufman COUNCILPERSON City Clerk’s Office Item # Q-3 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: JUNE 23, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier – Director Planning and Community Development Department SUBJECT: A RESOLUTION ADOPTING A FEE SCHEDULE FOR ZONING APPLICATIONS FOR CONDITIONAL USE PERMITS SUMMARY: The amendment of fees for Conditional Use Permits for Child Care Home and Retail Marijuana testing,cultivation, manufacturing facilities and is requested because the fees that were established in 2002 do not cover the full costs to the City to process these applications. The establishment of fees for the new process, Conditional Use Permit, is necessary to offset the cost for the Planning Department to process and review applications for Retail Marijuana testing,cultivation, manufacturing facilities. and PREVIOUS COUNCIL ACTION: On November 25, 2002, City Council approved Resolution No. 9729 amending the fee schedule that included applications for Conditional Use Permits brought before the Zoning Board of Appeals and the Land Use Administration Department and repealing Resolution No. 5073. On April 28, 2014, City Council approved the establishment of a Conditional Use Permit review process for Retail Marijuana Facilities. BACKGROUND: The last time the application fees for the Zoning Board of Appeals were updated was in 2002 when they were set at $150 for all types of applications brought before the Zoning Board of Appeals. The proposed Resolution will establish fees required for review of Conditional Use testing,cultivation, manufacturing Permits for Home Daycares and Retail Marijuana and facilities by the Administrative Official. FINANCIAL IMPLICATIONS: The current fees for Conditional Use Permits for the Zoning Board of Appeals do not cover the full cost of reviewing and processing the applications; therefore, the City has effectively been subsidizing these applications. If the increase in the fees for these types of applications is approved, the fees will be reasonably related to the cost of reviewing and processing the application. If the fee increase is not approved, the City will be expending staff time, and other application costs that will not be fully paid by the applicants. In 2013 the Planning & Community Development Department estimated that the cost to process a Conditional Use Permit application was more than four times the amount of fees collected. In 2013 the average application cost to process the 61 Zoning Board of Appeals applications was $500.00 more than the fee that was collected by the City. This has resulted in the expenditure of approximately $31,000 in City funds that were not collected from all types of Zoning Board of Appeals applications. BOARD/COMMISSION RECOMMENDATION: On June 11, 2014, the Planning and Zoning Commission voted 6-0 to update fees for applications brought before the Zoning Board of Appeals and to establish fees for Conditional Use Permits for Child Care Home and Retail Marijuana Uses. STAKEHOLDER PROCESS: None. ALTERNATIVES: There are three alternatives City Council could consider related to the fees for the Zoning Board of Appeals applications: Option 1 - Leave the fees as they were established in 2002. This option would cause the City to continue to subsidize applications for Special Use Permits and Variances. Option 2 - Amend the Resolution to include a different fee amount. Option 3 - Upon request of City Council, the Resolution could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approve the Resolution. Attachments: None