1f. Approve Resolution Establishing Fees for Zoning Ordinance Text AmendmentsCITY OF
�8AN8ASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Don Ashworth, City Manager
FROM: John Rask, Planner I
DATE: October 17, 1995
SUBJ: Proposed Fee for Zoning Ordinance Text Amendments
Over the past several weeks, two applications for zoning ordinance text amendments have been
submitted to city staff. These requests will be scheduled for upcoming Planning Commission
and City Council agendas. Public hearing notices and a significant amount of staff time are
required to review proposed text amendments and complete the necessary studies and reports.
Currently, the fee schedule states that no fee is required to submit a zoning ordinance text
amendment (see attached schedule). In 1994, three zoning ordinance text amendments were
initiated by the public.
Other applications for text amendments have been made over the years. However, most text
' amendments were submitted in conjunction with a site plan review, conditional use request, or
were initiated by city staff, Planning Commission, or City Council. A recent text amendment
involved the Chamber of Commerce's request for a text amendment to allow temporary sales.
' The proposed fee is not to discourage legitimate requests but to offset the costs associated with
review of the proposal and public hearing notices.
' If a group or individual wanted to see a particular section of the zoning ordinance modified, they
could pay the fee or ask city staff, Planning Commission, or the City Council to initiate the
proposal. Proposed text amendments which promote or preserve a public good, or eliminate a
' public nuisance may warrant initiation by staff, Planning Commission or City Council. On the
other hand, proposals that serve a personal or specific need should be required to pay an
' appropriate fee to help offset the costs.
The following list is a survey of other metro communities and the fee they charge for zoning
' ordinance text amendments:
MEMORANDUM
Don Ashworth
October 17, 1995
Page 2
• City of Bloomington $1,000 Application fee only
• City of Shakopee $500 Application fee only
• City of Champlin $100 Application fee only
• City of Eden Prairie $200 Plus cost of review by City Staff and/or
special consultants necessary as determined
by the City Manager. Deposit Required.
• City of Maple Grove $125 Application fee only
• City of Woodbury $200 Plus, $1,000 escrow for staff time or
consultants
• City of Plymouth $120 Application fee only
CITY COUNCIL UPDATE
On October 23, 1995, the City Council considered a resolution establishing a fee for zoning
ordinance text amendments. The Council tabled action on this resolution to give staff time to
research the possibility of requiring an escrow in addition to the application fee. The escrow
would be required to cover staff and/or consultants time to review the proposal. The above table
was modified to show the cities which require additional fees for time spent.
It should be noted that in January of 1991, staff completed a survey of surrounding communities
to re- evaluate the city's fee schedule and to examine the use of "user fees" . Staff was
considering billing developers for staff costs associated with reviews of plats, site plans, grading
permits, etc. Staff recommended, and the Council concurred, that the fee schedule should
include one time fees only, except for consultant fees and attorney costs. The fee schedule was
increased to reflect to a greater extent the actual cost associated with reviewing various
proposals. In keeping with prior city policies, fees for applications which are normally received
from homeowners, i.e., variances, grading permits, lot splits, were kept relatively low.
Historically the fee schedule has been kept artificially low to maintain a low cost access to the
City for individual homeowners and small property owners. Back in 1991, staff was reluctant to
recommend a program that relied on the depositing of escrow funds, because of the difficulties
associated with administering the escrow funds. Additional staff time is spent to keep track of
bonds, letter of credits, and other financial guarantees.
Don Ashworth
October 17, 1995
Page 2
Staff would like to re- evaluate the entire fee schedule after the first of the year. This may be an
appropriate time to reexamine "user fees ". Additional time is needed to further examine staff
time and the actual costs associated with reviewing different proposals. Staff is recommending
that the City Council adopt a resolution establishing a $100.00 fee for zoning ordinance text
amendments.
RECOMMENDATION
Staff recommends that the City Council adopt a resolution establishing a $100.00 fee for zoning
ordinance text amendments.
1. A $100.00 application fee for zoning ordinance text amendments.
2. This fee does not apply to requests made by the City Council, Planning
Commission, or city staff.
ATTACHMENTS
1. Resolution
2. Development Fee Schedule
3. City Council minutes dated October 23, 1995
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: RESOLUTION NO:
MOTION BY: SECONDED BY:
A RESOLUTION ESTABLISHING FEE FOR
ZONING ORDINANCE TEXT AMENDMENT
WHEREAS, the current fee schedule does not require a fee for zoning ordinance
text amendments; and
WHEREAS, these requests require a public hearing, mailed notices and a
significant amount of staff time to review and report to Planning Commission and City
Council; and
WHEREAS, a fee needs to be established to offset the costs associated with
zoning ordinance text amendments.
NOW, THEREFORE, BE IT RESOLVED, that the Chanhassen City Council
hereby adopts the following:
1. A $100 application fee for a zoning ordinance text amendment.
2. This fee does not apply to requests made by the City Council, Planning
Commission, or city staff.
Passed and adopted by the Chanhassen City Council this day of ,
1995.
ATTEST:
Don Ashworth, City Clerk/Manager Donald J. Chmiel, Mayor
DEVELOPMENT FEE SCHEDULE
1. Comprehensive Plan Amendment
a. $500
b. $100 Minor MUSA line for failing on -site sewers
2. Conditional Use Permit (Does not include site plan review)
a. Single family residence
(individual lot) - $75
b. All others - $400
3. Grading Permits
a. Under 50 cubic yards $0
b. 50 -1000 cubic yards $50
c. Over 1000 cubic yards - processed
as IUP -use UBC
4. Interim Use Permit
a. Single family residence
(individual lot) - $75
b. All Others - $400
5. Notification Signs
$50 rental
$100 damage deposit
6. Planned Unit Development /Rezoning
a. $750
b. Amendments
Minor Amendment - $100
Major Amendment - Same As PUD
7. Rezoning - $500
S. Sign Permit
a. Temporary - $35
b. Permanent - $50
9. Sign Plan Review $150
(d separate from site plan)
10. Site Plan Review
a. $250 + $10 per 1000 sq.ft. of building
area for commercial and industrial districts + $5 per dwelling unit in residential districts
b. Administrative Site Plan $100
11. Subdivision
a. Create 3 lots or less $150
b. Create over 3 lots - $400 + $15/lot
c. Final Plat - Included in one time fee
d. Metes and Bounds Division $150 + $50/lot over 3 lots
e. Consolidate lots - $100
f. Administrative Subdivision - $100
12. Vacation of ROW /Easements $100
13. Variance - $75
14. Wetland Alteration Permit
a. Single Family Residence - $150 -
(individual lot)
b. All other uses - $275
Monumentation required for all
wetland buffer strip locations $20
(city will Install signage and
monumentation)
15. Zoning Appeal _ $0
16. Zoning Ordinance Amendment - $0
17. Filing Fees /Attorney Costs
a. Recording Documents $10 + County Fees
b. Recording Plats & Related Documents
1) 1 -3 lots $100 + County Fee
2) 4 -10 lots $125 + County Fee
3) 11 -30 lots $200 + County Fee
4) 31+ lots $350 + County Fee
Attorney's time to ensure
proper drafting & documentation
18. Consultant Fees
Consultants required by the Cost will be billed to developer
City to review development
proposals including but not
limited to traffic and water
management issues
19. Flood Zone Information and written zoning requests - All requests must be made in writing and
a fee of $25 is charged.
City Council Meeting - October 23, 1995
1(F). APPROVE RESOLUTION ESTABLISHING FEES FOR ZONING ORDINANCE TEXT
AMENDMENTS.
' Councilman Senn: On (f), basically the information we have in our packet I think is partially complete. Most
cities do charge a fee for, which I think is good that we start doing that, especially on changes of this type
' which I think are, I think we can define as somewhat a special interest type changes but in addition some of the
cities that are mentioned here also charge a deposit of $1,000.00 which staff time is then deducted from in doing
that so the $100.00 effectively is the administrative fee of processing the application and the $1,000.00 is then
' put in place to pay for the staff time effectively to accomplish the amendment. And I know what the City of
Eden Prairie uses and I had it in front of me but I can't remember the other city that was mentioned in there that
does too but I talked to Kate about that and she doesn't have any problem with it and I think we should go with
the fee but I also would like to see us initiate the deposit into the, the same approach. That way somebody's
' going to have to be real serious about what they want to do and effectively it's got to really mean something
that they're doing rather than being anything that maybe somewhat frivolous. I think $100.00 isn't going to stop
anything from being frivolous so. And plus that does allow us to recover the true cost of our time, which is
what we're trying to do I think in what was written up here.
Councilwoman Dockendorf: So you want to table it for those modifications?
Councilman Senn: Either that way or just make the motion with the modification in, either way. I don't care.
Councilman Berquist: The City of Eden Prairie does it that way?
Councilman Senn: Yeah.
Councilman Berquist: The information here just shows a flat $200.00 fee for the City of Eden Prairie.
Councilman Senn: Yeah, but they have a $1,000.00 on top of that. For guide planning, for example, they do
' the same thing. They have a $500.00 for a guide plan amendment. $1,000.00 deposit and then from the point
you make the application they deduct any staff time even against the guide plan amendment from the $1,000.00.
Councilman Berquist: Well this doesn't include any guide plan amendments. It's only if you want to.
Councilman Senn: All this was dealing with was this one issue. I think it's an issue we should look at for the
other one but since we're acting on this one tonight I thought we should incorporate it or at least look at it.
' Mayor Chmiel: Well I think we can adopt basically what we have and then review that and if there is a
consensus that it appears to be the best way to go, then we could put in a change to that resolution and request
an additional amendment to it.
' Councilman Senn: That seems like a lot of paperwork. I'd rather just table it and do it one way or the other.
Mayor Chmiel: Okay. That's fine with me too.
Councilwoman Dockendorf: Yeah. I'd like to table it and let us find out what is practiced in other cities.
I Kate Aanenson: Sure. I don't think we asked the question far enough, as Mark indicated.
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City Council Meeting - October 23, 1995
Mayor Chmiel: Okay, is there a motion to table?
Councilman Senn: Motion to table.
Councilwoman Dockendorf: Second.
Councilman Senn moved, Councilwoman Dockendorf seconded to table approving a resolution establishing fees
for Zoning Ordinance Text Amendments. All voted in favor and the motion carried unanimously.
Mayor Chmiel: That will come back to us in two weeks? Good.
IQ. APPROVE PAYMENT TO BARTON- ASCHMAN FOR CONSULTANT SERVICES ON ARBORETUM
BOULEVARD ENVIRONMENTAL ASSESSMENT. PROJECT 93 -26A.
Councilman Berquist: In just looking through the Barton - Aschman, where we had this question two weeks ago
regarding $66,000.00 and 60 of it was earmarked school and now what you're in essence saying is that we pay
Barton - Aschman or we're going to pay Barton - Aschman $60,000.00 and change for field site supervision? Did
that guy live there or what?
Charles Folch: Actually pretty much with that type of job, with the coordination of Trunk Highway 5
intersection improvements and they had an inspector out there ... it was not Barton - Aschman. It was actually
their sub - consultant Bonestroo that provided the inspections for the job.
Councilman Berquist: So on a per hour basis it amounts to 60 some thousand dollars.
Charles Folch: Typically when you look at normal project processes, you can expect to pay, depending on the
level of detail and design of a project in terms of relative complexity, on ... projects you can expect to pay
anywhere from 8% to 12 % -13% for design fees and then an additional 4% to 8% for inspection... based on the
overall project or overall design costs.
Councilman Berquist: So what does this represent percentage wise?
Charles Folch: Well that was again a million dollar job...
Councilman Senn: At this point how much more is it?
Charles Folch: It's pretty well done. Most of that, this is billing basically for two months ... then we're billing
for the job. And there will be probably an additional time. I would say in the neighborhood of maybe
$5,000.00 to $7,000.00 to finish up the job. Final inspections. Maybe not even that much ... punch list and
things like that... So it will probably end up somewhere around 7% of the overall...
Councilman Berquist: Do they submit to you a detail invoice as to time on the job?
Charles Folch: Yes.
Councilman Berquist: Would you mind fonvarding a copy of that to me as well?
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