Title
A resolution rescinding Resolution No. 09-22 and establishing development application fees and charges for the Land Use Review Division of the Planning and Development Department
Presenter:
Morgan Hester, Planning Supervisor
Mike Tassi, Assistant Director of Planning and Community Development
Body
Summary:
Presentation for discussion and vote on updated fees associated with the Unified Development Code (UDC) of the RetoolCOS project
Previous Council Action:
This item was discussed at the May 8, 2023 City Council work session meeting with general discussion about the RetoolCOS project. Beyond the City Council adopt of the Unified Development Code (UDC) (February 14, 2023) and zone district renamings (April 11, 2023), no additional City Council action has occurred on the RetoolCOS project.
Background:
The RetoolCOS project began in December 2019 with the first phase of the project being the creation of a Unified Development Code (UDC) with the intent of repealing and replacing what is currently known as the Chapter 7 Zoning & Subdivision Ordinance. After three years, the City Council voted 8-1 to adopt the UDC. To implement the new UDC, which includes new and removed application processes established in the Code, the updating on existing fees associated with the Planning Department is necessary. While fees will be reorganized and reclassified, this proposal is not inclusive of a fee study with the increase or decrease of established fees and serves to connect adopted UDC language with the existing Fee Schedule. It should be noted that this request is not inclusive of a fee study.
Proposed Fees
Updates to fees may be referenced in the Fee Schedule in ATTACHMENT 1 - red text is proposed to be struck and blue text is proposed to be added in. A clean version can be referenced in ATTACHMENT 2. It should be noted that the adjustments are reflective of renames as this is not intended on increasing or decreasing currently established fees. Based on the adopted UDC, which will go into effect on June 5, 2023, the following changes have been proposed to fees -
Proposed Fee Changes (by Application Type)
Major Applications
- 2020 Land Use Map - While this fee is not directly associated with the RetoolCOS project, the removal of the fee is necessary as there is no longer a 2020 Land Use Map based on PlanCOS. One of the major changes to come from the PlanCOS process was the removal of a Land Use Map and as such, a fee for amending the map is unnecessary.
- Major Application Amendments and Adjustments - Current Chapter 7 has three options for changes to approved Plans. For clarity, the UDC has two options - Major and Minor Modifications. This change has been reflected throughout the Fee Schedule (ATTACHMENT 1).
- Master Plan (Minor Adjustment) - In addition to the above bullet, because Master Plans are no longer specified as options for new applications, this fee has been removed.
- Land Use Plan - With the consolidation of Concept and Master Plans into the new Land Use Plan application, these fees will be renamed and administered in the same manner.
Landscape Plans and WCF (Wireless Communication Facility)
- Modifications - Similarly to the above-mentioned changes, nomenclature has been adjusted to be reflected of application types found in the UDC, thus revising changes to plans from ‘Amendments’ to ‘Modifications’.
Variances and Adjustments
- ‘Adjustments’ is new language with the UDC and associated applications, clarifying the difference between now four (4) applications within this category.
- Development Criteria Adjustment is a new application and based on the process being most similar to the existing Non-Use Variance, requiring public notification and a hearing through the Planning Commission, the same fees have been applied.
- The Non-Use Variance application is not new but is being separated out as its own process.
Minor Applications
- Removal of ‘Concept Plan’ reference as the application will no longer exist based on adopted UDC language.
- No fee adjustments are being proposed, but to reflect UDC language, ‘Administrative Relief’ will convert to ‘Administrative Adjustment’.
Administrative Permits
- Home Daycare permit fees are being removed due to State legislation passed in 2021 which removed zoning, building, and fire regulations, thus eliminating local jurisdictions from the review process and therefore will no longer be reviewed by Planning Staff.
Adjusted fees will go into effect with the UDC on June 5, 2023.
Financial Implications:
Planning Staff does not anticipate major impacts to revenues as fees are not being increased or decreased but simply reorganized to be reflective of UDC Article 7.5 ‘Administration and Enforcement’. With the removal of Home Daycare applications, there will be a minor decrease in fees collected of approximately $1,500 as only 13 applications were processed in 2022, and only 2 have been submitted in 2023. As part of the UDC Implementation Policy, the Home Daycare applications are no longer being processed and not dependent on the June 5, 2023, effective date.
At the April 11 Budget Committee meeting, general discussion focused largely on the application of Concept Plan fees for Land Use Plans rather than those of Master Plans. Changes to Land Use Plan fees are being proposed to match what is currently in place for Master Plans. As a consolidation of Concept and Master Plans and recognizing that Concept Plan fees are slightly higher than those for Master Plans, Staff sought to avoid a perceived penalty to applicants from this perspective, thus the suggested adjustment proposes utilizing the Master Plan fee for Land Use Plans.
Board/Commission Recommendation:
Project Staff presented the updated fee proposal at the April 11 Budget Committee for discussion but no formal recommendation was made.
Stakeholder Process:
Throughout the course of the RetoolCOS project, Staff presented 96 project updates to various groups which includes the 7 public open houses; 54 presentations to City Boards and Commissions including the Planning Commission, City Council, Historic Preservation Board, Downtown Review Board, CSURA Board, Food Policy Advisory Board, and Public Arts Commission; 9 updates to USAFA and/or Airport-focused Committees, including the AAC (Airport Advisory Committee) and JLUS (Joint Land Use Study) Committee; and 26 updates to community organizations including PPAR (Pikes Peak Association of Realtors), SCCB (Southern Colorado Commercial Brokers), and organized neighborhoods or HOAs such as the Historic Neighborhood Partnership (9 meetings).
In addition to the project updates to outside entities, project Staff has had over 400 internal meetings with various City Departments/Divisions, Colorado Springs Utilities, and PPRBD.
While changes to application fees were not discussed specifically, adjustments to Article 7.5 and associated processes were discussed publicly including the consolidation of applications, plus removal and addition of new entitlements and permits.
Alternatives:
The Council may make changes to the proposed fee adjustments as deemed necessary.
Refer the changes to the City Planning Commission for additional vetting and recommendation.
Approve the proposed fee adjustments as presented.
Recommended Action
Proposed Motion:
Approve a Resolution rescinding Resolution No. 09-22 and establishing development application fees and charges for the Land Use Review Division of the Planning and Development Department.
Summary of Ordinance Language
N/A - Resolution setting Planning fees.