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HomeMy WebLinkAboutAdmin Order 53-07-11-FADMINISTRATIVE ORDER NO. 53- 07 -11 -F of the City Manager Pro Tem of the City of Eugene AMENDING EXHIBIT B OF THE LAND USE APPLICATION FEE SCHEDULE ADOPTED BY ADMINISTRATIVE ORDER NO. 53- 05 -08 -F. The City Manager of the City of Eugene finds as follows: A. Section 2.020 and provisions of Chapter 9 of the Eugene, Code, 1971 authorize the City Manager to determine and set fees and charges to be imposed by the City for services, goods, use of municipal property, and licenses and permits. B. Following the procedures set forth therein, Administrative Order No. 53 -07 -11 was issued on December 11, 2007, proposing the amendment of the Land Use Fee Schedule attached as Exhibit B to Administrative Order No. 53- 05 -08 -F. to add fees for processing applications for annexation and extra - territorial extensions of water and sewer service, as the City will become the responsible decision -maker for those applications on January 1, 2008 due to the abolishment of the Lane County Local Government Boundary Commission by the State Legislature. The order also proposed deletion of the columns in Schedule B with the heading "Effective 11/01/05" and "Effective 11 /01 /06" as they are no longer in effect. C. Notice of the proposed amendment was provided to the Mayor and City Councilors and posted at two locations at City Hall on December 14, 2007, published in the Register Guard, a newspaper of general circulation within the City on December 15, 2007, and was made available for inspection by interested persons at the offices of the Planning & Development Department, Planning Division, 99 West 10 Avenue, Eugene, Oregon during normal business hours (1:00 p.m. to 5:00 p.m., Monday through Friday, exclusive of holidays), and at the City Manager's office, 777 Pearl Street, Eugene, Oregon (during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays). The Notice provided that written comments would be received thereon for a period of 15 days from the date of posting and publication. No comments were received within the time or manner required by the Notice. D. Based on the above findings, and the findings in Administrative Order No. 53- 07 -11, I find that Exhibit B of the Land Use Fee Schedule should be amended as proposed therein. In determining the amended fees for processing annexation and extra - territorial water or sewer extension applications I have considered the applicable policies, enactments and directives of the City Council, the recommendations of staff which take into consideration the City's new role as the decision -maker for these applications, the estimated costs of providing the services supported by the fees, the amounts previously charged by the Lane County Local Government Boundary Commission for these services, and the revenue needs of the City as determined by the adopted budget. Administrative Order - 1 _07 Annex Rev of Land Use Fee -Final Order 53- 07 -11 -F (00189122) (2).WPD On the basis of these findings, I order that: 1. The fees for processing annexation and extra - territorial extensions of water or sewer service set forth in the Land Use Fee Schedule applicable outside the City of Eugene but within the Cit Urban Growth Boundary attached as Exhibit B hereto are hereby amended, the unamended fees are ratified and affirmed, and the schedule is reformatted to delete fees no longer in effect, effective as provided therein. 2. Administrative Order No. 53- 05 -08 -F is hereby amended by replacing the Exhibit B attached thereto with the Exhibit B attached to this Order. Dated and effective this 2 nd day of January, 2008. �r A gel . J es City Ma ger Pro Tem Administrative Order - 2 _07 Annex Rev of Land Use Fee -Final Order 53- 07 -11 -F (00189122) (2).WPD EXHIBIT B LAND USE APPLICATION FEE SCHEDULE (Applicable Outside City of Eugene, but Within Urban Growth Boundary) (Effective November 1, 2007 and January 2, 2008) 1. Land Use Application Effective 11/01/07 Effective 01/02/08 Effective 11/01/08 Adjustment Review: Minor $ 533.00 $ 548.00 Major 574.00 591.00 Annexation, Expired 12/31/07 $ 4,300.00 $ 4,730.00 Annexation Agreement $ 35.00+ $ 35.00+ $ 35.00+ recording fee recording fee recording fee Conditional Use Permit $15,932.00 $16 Conditional Use Permit for day $ 1,367.00 $1,408.00 care group care facilities in owner occupied dwellings in low density residential zones Extra territorial Extensions Expired 12/31/07 $ 4,300.00 $ 4,730.00 (Sewer and Water Extension) Hazardous Materials Review $ 459.00 $ 473.00 Historic Landmark — Local Desig. $ no charge $ no charge Removal of Local Designation $ 2,212.00 $ 2,278.00 Historic Property: Alteration $ no charge $ no charge Demolition $ 349.00 $ 359.00 Moving $ no charge $ no charge Land Use Code Interpretations $ 437.00 $ 450.00 Metro Plan Amendment Type I $7,819.00 $8,053.00 Type II $5,647.00 $5,816.00 Partition — Tentative $6,038.00 $6 Property Line Adjustment $1,116.00 $1,149.00 Refinement Plan Amendment $ 3,902.00 $ 4,019.00 Site Review $14,385.00 $14 Standards Review $ 344.00 $ 354.00 Temporary Manufactured Home $ 1,739.00 $ 1 Hardship Permit Temporary Manufactured Home $ 87.00 $ 90.00 Hardship Permit — Renewal Vacation: Unimproved Public Easement $ 1 5 597.00 $ 1 Platted Lot Line $ 1,597.00 $ 1,645.00 Improved Public Easement $ 1,597.00 $ 1,645.00 Undeveloped Plat $ 1,597.00 $ 1 Vacation and Rededication of Unimproved Right -of -Way $ 5,647.00 $ 5,816.00 Unimproved Right-of-Way $ 5,647.00 $ 5,816.00 Exhibit B - 1 07 Ex B UGB Land Use Fee Order (00 189012) (2).DOC 1. Land Use Application Effective 11/01/07 Effective 01/02/08 Effective 11/01/08 Improved Right -of -Way Right -of -Way Acquired with Public Funds $ 6,195.00 $ 6,195.00 $ 6,364.00 $ 6,364.00 Willamette Greenway Permit $12,123.00 $12,487.00 Zone Change $ 5,267.00 $ 5,425.00 2. OTHER APPLICATION FEES Fee Controlled Income and Rent Application 0% of CUP or PUD fee, whichever is applicable Modification of Approved Land Use Decision 25% of current fee for land use application type Consolidated Land Use Application Processes 100% of the total of the (including applications for two or more land use highest application fee +75% reviews processed concurrently) of the total for each additional application Supplemental Reviews in Response to Changes or $400 or 25% of the New Information Provided by an Applicant Which original application fee, Require Additional Notice. whichever is less, plus the cost of postage Telecommunications Consultation Fee (EC 9.5750(11)) 100% of City costs in retaining consultants to verify statements made in conjunction with an application. 3. APPEALS Land Use Appeal of Hearings Official Decision 50% of original fee Land Use Appeal of Hearings Official Decision by Affected neighborhood association 25% of original fee Land Use Appeal of Planning Director Decision, Subdivision and Partition 50% of original fee Exhibit B - 2 _07 Ex B UGB Land Use Fee Order (00 189012) (2).DOC Land Use Appeal of Planning Director Decision, Subdivision and Partition, by affected Neighborhood Organization 20% of original fee Land Use Appeal of Planning Director Decision, other than subdivision and partition $250[l] Land Use Appeal of Planning Director Decision by affected neighborhood association, other than subdivision and partition no charge [ 1 ] 4. OTHER FEES Legal Agreements /Easements/Neighborhood Approval of Exemptions to Solar Setback Requirements $35 + Recording Fee Record Searches See: Public Records Fee Order Recording Fees Base fee and per page as charged by Lane County (currently $26 for the first page and $5 for each page thereafter). Administrative User Fee -0- A Land Use Application may be withdrawn prior to submittal of a complete application or at any time prior to a final decision on a complete application. If an application is withdrawn and the applicant requests a partial refund of the application fee in writing, a refund of the balance of the application fee, minus staff processing cost at $55/hour through the date the application is withdrawn, will be issued to the applicant. If staff costs have already exceeded the application fee at the time the application is withdrawn, there will be no refund. * Plat fees for final Partitions are established by the Public Works Department. [ 1 ] Maximum fees established by ORS 227.175(10)(b). The City Attorney has determined that partitions are not subject to the limitations of ORS 227.175(10)(b). Exhibit B - 3 _07 Ex B UGB Land Use Fee Order (00189012) (2).DOC City Attorney's office City of Eugene 777 Pearl Street, Room 105 Eugene, Oregon 97401 -2793 M EMORANDUM (541 ) 682 -8447 (541) 682 -5414 FAX www.eugene - or.gov Date: August 30, 2010 To: Beth Forrest, AIC City Recorder ... From. Emily N. Jerome, Deputy City Attorney Subject: Scrivener Error Correction to Administrative order No. 53- 07 -11 -F It has come to our attention that a transcription error exists in the Land Use Fee Schedule established by Administrative Order No. 53-07-1 I -F. . Administrative order No. 5 3 - 07 -11 -F amended two application fees and reformatted the Fee Schedule, without any other substantive changes. However, in producing the reformatted Fee Schedule, a transcription error occurred with respect to the appeal fee for "Land Use Appeal of Planning Director Decision Subdivision and Partition, by affected neighborhood association," for the area outside the City of Eugene, but within the Urban Growth Boundary. That appeal fee was incorrectly transcribed as "20% of original fee" rather than the established fee of "25% of original fee." Administrative order No. 53- 05 -08 -F established this fee at "25% of original fee" and no order has changed it. Please effect a scrivener error to correct this transcription error.