4.b) Draft Ordinance No. 12X, Fees for Planning and Zoning Applications and Repealing Ordinance No. 95 Meeting Date: 11/3/2010
Agenda Item: � ��
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a public hearing on Draft Ordinance No. 12X, Establishing Fees
for Planning and Zoning Applications to the City of Scandia, and
Repealing Ordinance No. 95.
Deadline/Timeline: The ordinance establishing application fees needs to be updated
concurrently with, or soon after, adoption of the new Development
Code.
BaCkground: • Fees associated with the various types of planning and zoning
applications are set in a separate ordinance. A public hearing must
be held by the Council before adoption of an ordinance setting
fees for development-related permits.
• The proposed Development Code includes different application
types than the current code; for example, Administrative Permits
have replaced Certificates of Compliance, and procedures for Site
Plan Reviews of different types have been added, among other
changes.
• For each type of application, the fee schedule currently specifies a
non-refundable application fee (which is used to cover staff time,
overhead, etc.,) a parcel search minimum fee (for applications
required notice to surrounding property owners) and a minimum
escrow deposit (to cover the city's out-of-pocket costs, such as
publication and mailing costs,planning and engineering consultant
fees, legal, recording costs, etc.)
• Staff has prepared a draft ordinance that would update and
coordinate the fee schedule with the new Development Code. The
draft ordinance would:
o Retain, as much as possible, the current fees. (The Council
may consider raising some or all of the fees if you feel it is
needed and appropriate.)
o Eliminates the separate deposit for parcel search costs.
The fees charged by Washington County rarely match the
dollar amounts in the current ordinance and are difficult to
predict. Staff recommends billing the actual charge against
the escrow deposit. The recommended escrow fees for
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several types of applications were increased to include
approximately the amount of the current deposit. For
example, the minimum escrow for a variance application
would increase from $250 to $300, and the parcel search
would be charged against the escrow. Similarly the
minimum escrow for a CUP would increase from $250 to
$325, and for a Rezoning it would increase from $500 to
$575. The larger escrow deposits ($1,000 or more) would
not be increased, as the cost could probably be absorbed in
the larger deposit.
o Language clarifying that projects requiring more than one
type of review must pay the cumulative total of application
fees and escrow deposits for all required applications. For
example, an Open Space Conservation Subdivision
application would need to include application fees of
$1,000 ($750/CUP plus $250/Preliminary Plat) and a total
minimum escrow deposit of$1,325 ($325/CUP plus
$1,000/Preliminary Plat.) The Zoning Administrator
would be given authority to modify the escrow requirement
if that results in an unreasonably high amount.
o Current language on escrow deposits has been revised to
state that any costs exceeding the escrow balance shall be
invoiced to the applicant (in addition to the language
providing for a refund of any balance remaining) after
review of the application is complete.
Recommendation: I recommend that the Council hold the public hearing. Action should
be taken after adoption of the Development Code amendments, at the
same or a subsequent meeting.
Attachments/ • Draft Ordinance No. 12x Establishing Fees for Planning and
Materials provided: Zoning Applications
• Ordinance No. 95 (existing fee ordinance)
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(planning and zoning application fees ordinance)
Page 2 of 2
10/26/10
CITY OF SCANDIA
ORDINANCE NO.: 12X
AN ORDINANCE ESTABLISHING FEES FOR PLANNING AND ZONING
APPLICATIONS TO THE CITY OF SCANDIA AND
REPEALING ORDINANCE NO. 95
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
Section 1. Planning and Zonin�Application Fees.
(A) Applications for consideration of any planning, zoning and/or subdivision and
zoning requests pursuant to the Development Code of the City of Scandia shall be accompanied
by the fees as specified in this ordinance. No application shall be considered complete until the
fees have been paid. Application fees are not refundable.
(B) In addition to the application fee, applicants shall be required to reimburse the city
for all out-of-pocket costs that are incurred for processing, reviewing and hearing the application.
These costs shall include, but are not limited to: parcel searches; publication and mailing of
notices; review by the city's engineering, planning and other consultants; legal costs, and
recording fees. A minimum escrow deposit to cover these costs shall be collected by the city at
the time of application. The Zoning Administrator shall have discretion to increase the amount
of the escrow for any application at any time if the city's costs are reasonably expected to exceed
the minimum amount. The Zoning Administrator shall also have discretion to require an escrow
deposit even where no minimum amount is specified by this ordinance, if authorized by the
Development Code.
(C) Applications for projects requiring more than one type of review (for example, a
Conditional Use Permit and a Preliminary Plat) shall include the cumulative total of all
application fees specified for each type of review. The minimum escrow deposit shall be the
cumulative total for each type of application required for the project, unless the Zoning
Administrator determines that this amount would significantly exceed the city's reasonable
expenses to review the applications, in which case the amount of the escrow deposit may be
reduced.
(D) After review of the application has been completed and all costs have been paid,
any costs exceeding the escrow balance shall be invoiced to the applicant. Any escrow balance
remaining shall be refunded to the applicant. No interest shall be paid on escrow deposits.
(E) Amendments to previously approved applications shall require the payment of the
same fees as for the initial permit application, except for Plan Modifications not requiring review
by the Planning Commission and City Council or as otherwise provided by the Development
Code.
i
(F) Fee Schedule:
Application Type Application Fee Escrow Minimum
Variance $150.00 $325.00
• Variance Extension $50.00
Conditional Use Permit (CUP)
• Open Space Conservation Subdivision CUP $750.00 $2,000.00
• Planned Unit Development CUP $500.00 $550.00
• All other Conditional Use Permits $200.00 $300.00
• CUP Extension $50.00
Interim Use Permit $200.00 $325.00
Administrative Permits
• Driveway Access $25.00 $500.00
• Grading/Land Alteration $125.00 $250.00
• Land Clearing $75.00
� All other Administrative Permits $50.00
Site Plan Review
• Pre-application sketch review, Open Space $500.00 $500.00
Conservation Subdivision
• Pre-application sketch review,Planned Unit $500.00 $500.00
Development
• Pre-application sketch review, all other $50.00
• Site Plan Review, Minor Projects $100.00 $250.00
• Site Plan Review, Major Projects $250.00 $500.00
• Plan Modification $50.00
• Site Plan Extension $50.00
Amendment
• Rezoning(Map Amendment) $500.00 $575.00
• Amendment-Development Code Text $500.00 $500.00
• Amendment-Comprehensive Plan Map $500.00 $575.00
• Amendment-Comprehensive Plan Text $500.00 $500.00
Sign(permanent) $25.00
Environmental Review
• EAW(Environmental Assessment Worksheet) $750.00 $2,000.00
• EIS (Environmental Impact Statement) $750.00 $10,000.00
Subdivision
• Minor Subdivision $100.00 $550.00
• Preliminary Plat/Major Subdivision $250.00 $1,000.00
• Final Plat $200.00 $1,000.00
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Section 2. Repeal.
Ordinance No. 95, adopted on November 16, 2007, is hereby repealed.
Passed and adopted by the City Council of the City of Scandia this 3rd day of November, 2010.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator
3
CITY OF SCANDIA
ORDINANCE NO.: 95
AN ORDINANCE ESTABLISHING FEES FOR PLANNING AND ZONING
APPLICATIONS TO THE CITY OF SCANDIA
The City Council of the City of Scandia, Washington County, Minnesota hereby ordains:
(A) Applications for consideration of any planning, zoning and/or subdivision and
zoning requests pursuant to the Development Code of the City of Scandia shall be accompanied
by the fees as specified in this ordinance. No application shall be considered complete until the
fees have been paid. For requests requiring mailed notice for public hearings the applicant shall
also pay the minimum fee for a parcel search at the time of application. Application fees are not
refundable.
(B) In addition to the application fee, applicants shall be required to reimburse the city
for all out-of-pocket costs that are incurred for processing, reviewing and hearing the application.
These costs shall include, but are not limited to: publication and mailing of notices; review by the
city's engineering, planning and other consultants; legal costs, and recording fees. A minimum
escrow deposit to cover these costs shall be collected by the city at the time of application. The
city administrator shall have discretion to increase the amount of the escrow for any application
if the city's costs are reasonably expected to exceed the minimum amount. After review of the
application has been completed and all costs have been paid, any escrow balance remaining shall
be refunded to the applicant. No interest shall be paid on escrow deposits.
(C) Amendments to previously approved applications shall require the payment of the
same fees as for the initial permit application.
(D) Requests to extend the term of a previously approved application shall be
accompanied by a permit extension fee. No parcel search or escrow deposit will be required, but
the applicant shall be required to reimburse the city for all out-of-pocket costs that are incurred
for processing the request.
Parcel
Application Search, Escrow
Application Tvpe Fee Minimum Minimum
Variance $150.00 $53.00 $250.00
Conditional Use Permit $200.00 $76.50 $250.00
Interim Use Permit $200.00 $76.50 $250.00
Certificate of Compliance—Residential $75.00
Certificate of Compliance—Commercial $150.00
� �
Parcel
Application Search, Escrow
Application Type Fee Minimum Minimum
Driveway Access Permits $25.00 $500.00
Planned Unit Development— $500.00 $500.00
Preliminary Review
Planned Unit Development—Final $500.00 $1,000.00
Review
Amendment—Rezoning (Map $500.00 $76.50 $500.00
Amendment)
Amendment—Development Code Text $500.00 $500.00
Amendment—Comprehensive Plan Map $500.00 $76.50 $500.00
Amendment—Comprehensive Plan Text $500.00 $500.00
Minor Subdivision $100.00 $53.00 $500.00
Preliminary Plat/ Major Subdivision $250.00 $76.50 $1,000.00
Preliminary Plat/Open Space $'750.00 $76.50 $2,000.00
Conservation Subdivision
Final Plat $200.00 $1,000.00
Grading/ Land Alteration $125.00 $250.00
� Sign (permanent) $25.00
EAW/ EIS (Environmental Assessment
Worksheet/Environmental Impact $750.00 $2,000.00
Statement)
Permit Extension $50.00
Passed and adopted by the City Council of the City of Scandia this 16th day of January,
2007.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator