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HomeMy WebLinkAbout13041RESOLUTION NO. 13041 A RESOLUTION AMENDING RESOLUTION NUMBER 9729 ADOPTING A FEE SCHEDULE FOR APPLICATIONS BROUGHT BEFORE THE ZONING BOARD OF APPEALS 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 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; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Resolution 9729 is hereby modified by the amendment to Section 2 to read as follows: In addition to all related costs, including postage and legal notices, the following fee schedule is hereby adopted for applications brought before the Zoning Board of Appeals: Zoning Variance $250 Residential (one- and two-family) $750 All others $500 Special Use Permit $1,000 Review/Show Cause Hearings $1,000 Specially Requested Hearings $1,000 Appeals SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Resolution to effectuate the policies and procedures described herein. SECTION 3. This Resolution shall become immediately effective upon final passage and approval. INTRODUCED: August 25, 2014 BY: Steve Nawrocki COUNCILPERSON City Clerk’s Office Item # Q-1 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: AUGUST 25, 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 of Planning and Community Development SUBJECT: A RESOLUTION AMENDING RESOLUTION NUMBER 9729 ADOPTING A FEE SCHEDULE FOR APPLICATIONS BROUGHT BEFORE THE ZONING BOARD OF APPEALS SUMMARY: The amendment of fees for the Zoning Board of Appeals is requested because the fees that were established in 2002 do not cover the costs to the City to process these applications. PREVIOUS COUNCIL ACTION: On November 25, 2002, City Council approved Resolution No. 9729 amending the fee schedule for applications for rezoning, subdivisions, annexations, and matters brought before the Zoning Board of Appeals and the Land Use Administration Department and repealing Resolution No. 5073. On July 7, 2014 Staff met with City Council and provided background information on the existing and proposed fees. City Council directed staff to prepare the Resolution amending the Zoning Board of Appeals fees. BACKGROUND: The last time the 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. Different types of applications that are reviewed by the Zoning Board of Appeals take different amounts of time to process through the Planning and Community Development Department. The residential variance, takes approximately seven hours to complete, from applicant pre-submittal discussion to project close-out; therefore, a fee of $250 is recommended. Other variances, for instance, commercial and industrial, require about three (3) times the amount of staff time due to the additional review time required by additional City Departments (Transportation, Public Works, Stormwater, and Wastewater); therefore, a fee of $750 is recommended. The next type of Zoning Board of Appeals application the Commission is recommending be increased are Special Use Permits. These applications are typically non-residential, which necessitates a review by the additional City Departments, which can lead to approximately 14 hours of complete staff time to process that application. A fee of $500 is recommended for all Special Use Permits. Other types of applications, such as appeals, specially requested hearings, and show cause hearings, take significantly more staff time, as well as generally requiring assistance from the City Attorney’s office. A fee of $1,000 is recommended for these types of hearings. FINANCIAL IMPLICATIONS: Regarding the amendment to the fees for the Zoning Board of Appeals: Staff is anticipating a positive financial implication. The current fees do not cover the cost of reviewing and processing the applications; therefore, the City has effectively been subsidizing these applications. With the increase in the fees for the Zoning Board of Appeals, the proposed fees are reasonably related to the cost of reviewing and processing the application. 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. STAKEHOLDER PROCESS: None. ALTERNATIVES: There are two options for the City regarding the amendment to the fees for the Zoning Board of Appeals: Option 1 would be to leave the fees as they were established in 2002. This option would cause the City to continue to subsidize applications for Special Use Permit and Variances. Option 2 would be to amend the fees to a different amount. RECOMMENDATION: Approve the Resolution. Attachments: None.