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HomeMy WebLinkAboutResolution No. 2017-33CITY OF KENAI RESOLUTION NO. 2017-33 Sponsored by: Administration A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ITS COMPREHENSIVE SCHEDULE OF RATES, CHARGES, AND FEES TO INCORPORATE CHANGES TO THE PLANNING & ZONING FEES, AS RECOMMENDED BY THE CITY PLANNER. WHEREAS, pursuant to Kenai Municipal Code Section 14.05.020 — Fees, in order to defray the expenses connected with the consideration of applications for permits, the person presenting the application shall pay to the City a fee in an amount as set forth in the City's schedule of fees adopted by the City Council; and, WHEREAS, Ordinance No. 2565-2011 clarified what rates, changes, and fees are charged for applications for amendments to the Kenai Zoning Code or Official Zoning Map and consideration of applications for Variances, Conditional Use Permits and Encroachment Permits; and, WHEREAS, Kenai Municipal Code Section 7.15.100 authorizes the Kenai City Council to adopt and amend a fee schedule specify the rates, charges, and fees imposed by the City; and, WHEREAS, fees for Planning and Zoning Applications were established in 1984; and, WHEREAS, in 2011 fees for the review of Variance Permits were adjusted from $100 to $125 to cover additional costs for reviewing Variance Permits and to remove the collection of duplicate application fees; and, WHEREAS, costs for public hearing advertising continue to rise; and, WHEREAS, the fees are used to cover costs incurred to process Planning and Zoning Applications including publishing the public hearing notice twice in the newspaper and sending notices to property owners within 300 feet of the affected property; and, WHEREAS, the average costs for publishing the public hearing notices in Fiscal Year 2016 were $102.00; and, WHEREAS, it is reasonable that an applicant should bear the costs of the expenditures required of the City to process a Planning and Zoning Application. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. The Planning & Zoning Fees section of the City's Comprehensive Schedule of Rates, Charges and Fees be amended as follows: New Text Underlined; [DELETED TEXT BRACKETED] Resolution No. 2017-33 Page 2 of 2 PLANNING & ZONING KENAI ZONING CODE 14.20.150(b)(6) Conditional Use Permit Fee [$125.00] $250.00 14.20.151 Surface Extraction Conditional Use Permit [$125.00] $425.00 Maps Application Fee -11 x 17 $15.00 14.20.180(b)(1)(C) Variance Permit Non-refundable [$125.00] $250.00 Copies Deposit/Advertising Fee -per page [14.20.180(d)] [VARIANCE PERMIT APPLICATION PUBLIC [$-] HEARING NOTICE FEE] 14.20.185(c) Encroachment Application Fee [$125.00] $250.00 14.20.240 Mobile Home Building Permit $100.00 14.20.270(b)(4) Zoning Amendment Request Non-refundable [$125.00] $250.00 Deposit/Advertising Fee 14.20.290(b)(6) Board of Adjustment Appeal filing and records $100.00 preparation Fee PLANNING & ZONING FEES Sign Permits $5.00 -home occupation $25.00 -electrical signs $15.00 -all others Maps FREE -11 x 17 $15.00 -17 x 22 or 22 x 34 $25.00 -34 x44 or 28x40 Copies $0.25 -per page Section 2. That this resolution takes effect July 1, 2017. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2151day of June, 2017. G BRIAN GABRIEL SR., MAYOR ATTEST: J n ie Heinz, Acting City Cle New Text Underlined; [DELETED TEXT BRACKETED] ���ea�e wit% a Past, G'it� wit�i a f ta-We W 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 the cav of www. kenai. city MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council THROUGH: Paul Ostrander, City Manager FROM: Matt Kelley, City Planneril/—" DATE: June 14, 2017 SUBJECT: Resolution No 2017-33 Updating Schedule of Rates, Charges and Fees — Planning and Zoning The purpose of this communication is to provide information to the City Council regarding justification for the proposed increase in Planning and Zoning fees. Pursuant to Kenai Municipal Code Section 14.05.020, fees are charged to defray the expenses connected with the consideration of applications for permits. The person presenting the application pays a fee to the City in an amount as set forth in the City's Schedule of Fees, as adopted by the City Council. Presently the Planning and Zoning Department processes applications, which require public hearings, which include; Rezones, Variances, Encroachment Permits, Conditional Use Permits and Conditional Use Permits for Natural Resource Extraction. Fees that are collected for these permits are used to cover the costs of publishing public hearing notices in the newspaper twice, advertising the public hearing as part of the agenda, sending out public hearing notices to property owners within 300 feet of the affected property and posting of the public hearing notice sign. During the past 2016 Fiscal Year, the average newspaper publishing cost for a public hearing notice for project was $102.00. For each project, the applicant submitted a fee of $125.00 for the costs associated with the advertising the public hearing. Thus, the average advertising costs are $204.00 per land use application. Given that Kenai Municipal Code requires that the public hearing notice be published twice, the City is having to supplement the advertising costs of each application an average of $79.00. Thus, the City is not fully covering its costs associated with advertising the public hearing notice. Staff therefore recommends increasing the fees for Conditional Use Permits, Variances, Encroachment Permits and Zoning Amendments to $250.00 to cover public hearing advertising costs. Concerning Conditional Use Permits for Surface Extraction of Natural Resources, Kenai Municipal Code requires that these permits have two public hearings. Therefore, costs associated with publishing the public hearing for these permits averages, $408.00. Page 2 of 2 Resolution No. 2017-33 Memorandum Given the review requirements, the City is supplementing the advertising costs associated with these permits an average of $283.00. Staff therefore recommends increasing the fees for Conditional Use Permits for Surface Extraction of Natural Resources to $425.00 to cover public hearing advertising costs. It is reasonable to require that the applicant should bear the costs of the expenditures required of the City to process a land use permit. By increase Planning and Zoning fees as proposed, the General Fund and the Citizens of Kenai would no longer be supplementing the costs associated with advertising public hearings for individual permits. Thank you for your consideration.