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Home My WebLink AboutAdmin Order 53-05-08-F ADMINISTRATIVE ORDER NO. 53-05-08-F of the City Manager of the City of Eugene AMENDING EXHIBIT AOFTHE LAND USE APPLICATION FEE SCHEDULE; RATIFYING AND AFFIRMING THE UNAMENDED FEES IN EXHIBITS A AND B TO ADMINISTRATIVE ORDER 53-05-01-F; AND REPEALING ADMINISTRATIVE ORDER NO. 53-05-01-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, on December 12, 2005 Administrative Order No. 53-05-08 was issued proposing the amendment of the Land Use Fee Schedule attached as Exhibit A to Administrative Order No.5 3 -05-0 1- F to add fees for processing applications within the /WR Water Resources Conservation Overlay Zone within the city. C. Notice of the proposed amendment was published in the Register Guard, a newspaper of general circulation within the City on December 13,2005, and an amended Notice was provided to the Mayor and City Councilors and posted at two locations at City Hall on June 1, 2006, and was available for inspection by interested persons at the office of the City Manager, 777 Pearl Street, Eugene, Oregon 97401. The Notices 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 and manner required by the Notices. D. Based on the above findings, and the findings in Administrative Order No. 53-05-08, I find that the Land Use Fee Schedule should be amended as proposed therein. In determining the amended fees set forth in Exhibit A hereto, I have considered the applicable policies, enactments and directives of the City Council, the recommendations contained in the 2003 Zucker Report that were the basis for establishment of the other fees set forth in the fee schedules, the recommendations of staff, the amount charged for similar services by the City in the past, the estimated costs of providing the services supported by the fees, the amounts charged by other comparable providers, and the revenue needs of the City as determined by the adopted City budget. E. I further find that the unamended fees in Exhibits A and B established by Administrative Order No. 53-05-01-F as administratively corrected on August 26,2005, should be ratified, affirmed, and reformatted to delete the 03/01/05 fees that are no longer effective, and Administrative Order No. 53-05-01-F repealed as of the effective date of this Order. On the basis of these findings, I order that: Administrative Order - 1 1. The Land Use Fee Schedule applicable within the city limits attached as Exhibit A hereto is hereby amended, the unamended fees ratified, affirmed, and reformatted to delete fees no longer in effect, effective as provided therein. 2. The Land Use Fee Schedule applicable outside the City of Eugene but within the Urban Growth Boundary attached as Exhibit B hereto is hereby ratified, affirmed, and reformatted to delete fees no longer in effect, effective as provided therein. 3. Administrative Order No. 53-05-01-F is repealed, as of the effective date of this Order. -tL-- Dated and effective this'2a day of June, 2006. ~~T~r~ City Manager ~ Administrative Order - 2 EXHIBIT A LAND USE APPLICATION FEE SCHEDULE (Applicable Within City Limits) (Initially Effective March 1, 2005) 1. Land Use Effective Effective Effective Effective Effective Application 11/01/05 01/01/06 11/01/06 11/01/07 11/01/08 Adjustment Review: $ 517.00 $ 533.00 $ 548.00 Minor $ 502.00 557.00 574.00 591.00 Major $ 541.00 IWR Conservation Area EC 9.8030(21(b) $1,173.00 $1,173.00 $1,208.00 $1,244.00 EC 9.8030(21 (a)(c)(d) $3,909.00 $3,909.00 $4,026.00 $4,147.00 Conditional Use Permit $4,632.00 $5,087.00 $5,587.00 $6,136.00 Conditional Use Permit $1,288.00. $1,327.00 $1,367.00 $1,408.00 for day care group care facilities In owner occupied dwellings In low density residential zones Correction of IWR Overlay Map or IWR Overlay Zone Error Type I $ 412.00 $ 412.00 $ 424.00 $ 437.00 Type II $1,468.00 $1,468.00 $1,512.00 $1,557.00 Hazardous Materials Review $ 433.00 $ 446.00 $ 459.00 $ 473.00 Historic Landmark - Local Desig. $ no charge $ no charge $ no charge $ no charge Removal of Local Designation $ 67.00 $ 69.00 $ 71.00 $ 73.00 Historic Property: Alteration $ no charge $ no charge $ no charge $ no charge Demolition $ 329.00 $ 339.00 $ 349.00 $ 359.00 Moving $ no charge $ no charge $ no charge $ no charge Land Use Code Interpretations $ 412.00 $ 424.00 $ 437.00 $ 450.00 Metro Plan Amendment Type I $7,370.00 $7,591.00 $7,819.00 $8,053.00 Type II $5,323.00 $5,483.00 $5,647.00 $5,816.00 Partition - Tentative $1,834.00 $2,014.00 $2,213.00 $2,431.00 PUD: Tentative $11,856.00+ $13,037.00 + $14,336.00 + $15,765.00 + 15.00/du 15.00/du 15.00/du 15.00/du Final $ 2,909.00 $ 3,192.00 $ 3,503.00 $ 3,845.00 Property Line Adjustment $ 624.00 $ 684.00 $ 750.00 $ 823.00 Exhibit A-I 1. Land Use Effective Effective Effective Effective Effective Application 11/01/05 01/01/06 11/01/06 11/01/07 11/01/08 Refinement Plan Amendment $ 3,678.00 $ 3,788.00 $ 3,902.00 $ 4,019.00 Site Review $ 3,939.00 $ 4,327.00 $ 4,754.00 $ 5,224.00 Standards Review $ 324.00 $ 334.00 $ 344.00 $ 354.00 Standards Review in IWR Overlay Zone $ 3,909.00 $ 3,909.00 $ 4,026.00 $ 4,147.00 Street Name Change $ 638.00 $ 702.00 $ 772.00 $ 849.00 Subdivision - Tentative $ 4,688.00 + $ 5,150.00 + $ 5,657.00 + $ 6,215.00 + 25.00/1ot $ 25.00/1ot $ 25.00/lot $ 25.00/1ot Temporary Manufactured $ 580.00 $ 638.00 $ 702.00 $ 772.00 Home Hardship Permit Temporary Manufactured $ 84.00 $ 87.00 $ 90.00 Home Hardship Permit - Renewal $ 82.00 Traffic Impact Analysis $ 1,598.00 $ 1,758.00 $ 1,934.00 $ 2,128.00 Review Vacation: Unimproved Public Easement $ 881.00 $ 969.00 $ 1,066.00 $ 1,172.00 Platted Lot Line $ 881.00 $ 969.00 $ 1,066.00 $ 1,172.00 Improved Public Easement $ 881.00 $ 969.00 $ 1,066.00 $ 1,172.00 Undeveloped Plat $ 881.00 $ 969.00 $ 1,066.00 $1,172.00 Vacation and Rededication of Unimproved Right-of- Way $ 2,765.00 $ 3,042.00 $ 3,347.00 $ 3,682.00 Unimproved Right-of- Way $ 2,765.00 $ 3,042.00 $ 3,347.00 $ 3,682.00 Improved Right-of-Way $ 3,341.00 $ 3,675.00 $ 4,043.00 $ 4,447.00 Right-of-Way Acquired With Public Funds $3,341.00 $ 3,675.00 $ 4,043.00 $ 4,447.00 Willamette Greenway $ 4,447.00 $ 4,883.00 $ 5,362.00 $ 5,888.00 Permit Zone Change $ 2,747.00 $ 3,021.00 $ 3,323.00 $3,655.00 I 2. OTHER APPLICATION FEES Fee Controlled Income and Rent Application 50% of CUP or PUD fee, Exhibit A - 2 whichever is applicable Modification of Approved Land Use Decision 25% of current fee for land use application type Consolidated Land Use Application Processes (including applications for two or more land use reviews processed concurrently) 100% of the total of the highest application fee + 75% of the total of the application fees for each additional application Supplemental Reviews in Response to Changes or New Information Provided by an Applicant Which Require Additional Notice $400 or 25% of the original application fee, 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 Land Use Appeal of Planning Director Decision by affected neighborhood association 25% of original fee Land Use Appeal of Planning Director Decision, other than subdivision and partition $250[1] Land Use Appeal of Planning Director Decision by affected neighborhood association, other than subdivision and partition no charge [1] 4. OTHER FEES Exhibit A - 3 Legal Agreements/Easements/N eighborhood 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- 5. WAIVER OF FEES IN DOWNTOWN AREA. An applicant will not be required to pay any of the fees set forth in this order (except the actual Lane County recording fee) if the property for which the application is submitted is located within the boundaries of the Downtown Area as depicted in the 2003 Eugene Downtown Plan. 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 and Subdivisions are established by the Public Works Department. [1] Maximum fees established byORS 227.175(10)(b). The City Attomeyhas determined that subdivisions and partitions are not subject to the limitations of ORS 227.175(1 O)(b). Exhibit A - 4 EXHIBIT B LAND USE APPLICATION FEE SCHEDULE (Applicable Outside City of Eugene, but Within Urban Growth Boundary) (Initially Effective March 1, 2005) 1. Land Use Effective Effective Effective Effective Application 11/01/05 11/01/06 11/01/07 11/01/08 Adjustment Review: Minor $ 502.00 $ 517.00 $ 533.00 $ 548.00 Major 541.00 557.00 574.00 591.00 Annexation, Pre- Boundary Commission Submittal Review $ 548.00 $ 603.00 $ 663.00 $ 729.00 Annexation Agreement $ 35.00+ $ 35.00+ $ 35.00+ $ 35.00+ recording fee recording fee recording fee recording fee Conditional Use Permit $15,018.00 $15,468.00 $15,932.00 $16,410.00 Conditional Use Permit $ 1,288.00 $ 1,327.00 $1,367.00 $1,408.00 for day care group care facilities In owner occupied dwellings In low density residential zones Extra territorial $ 324.00 $ 334.00 $ 344.00 $ 354.00 Extensions (Sewer and Water Extension) Hazardous Materials $ 433.00 $ 446.00 $ 459.00 $ 473.00 Review Historic Landmark: Local Designation $ no charge $ no charge $ no charge $ no charge Removal of Local Designation $ 2,085.00 $ 2,148.00 $ 2,212.00 $ 2,278.00 Historic Property: Alteration $ no charge $ no charge $ no charge $ no charge Demolition $ 329.00 $ 339.00 $ 349.00 $ 359.00 Moving $ no charge $ no charge $ no charge $ no charge Land Use Code $ 412.00 $ 424.00 $ 437.00 $ 450.00 Interpretations Metro Plan Amendment Type I $ 7,370.00 $7,591.00 $7,819.00 $8,053.00 Type II $ 5,323.00 $5,483.00 $5,647.00 $5,816.00 Partition - Tentative $ 5,691.00 $5,862.00 $6,038.00 $6,219.00 Property Line Adjustment $ 1,052.00 $1,083.00 $1,116.00 $1,149.00 Refinement Plan $ 3,678.00 $ 3,788.00 $ 3,902.00 $ 4,019.00 Amendment Site Review $13,558.00 $13,966.00 $14,385.00 $14,817.00 Standards Review $ 324.00 $ 334.00 $ 344.00 $ 354.00 Exhibit B-1 1. Land Use Effective Effective Effective Effective Application 11/01/05 11/01/06 11/01/07 11/01/08 Temporary Manufactured $ 1,639.00 $ 1,688.00 $ 1,739.00 $ 1,791.00 Home Hardship Permit Temporary Manufactured $ 82.00 $ 84.00 $ 87.00 $ 90.00 Home Hardship Permit - Renewal Vacation: Unimproved Public Easement $ 1,504.00 $ 1,550.00 $ 1,597.00 $ 1,645.00 Platted Lot Line $ 1,504.00 $ 1,550.00 $ 1,597.00 $ 1,645.00 Improved Public Easement $ 1,504.00 $ 1,550.00 $1,597.00 $ 1,645.00 Undeveloped Plat $ 1,504.00 $ 1,550.00 $ 1,597.00 $ 1,645.00 Vacation and Rededication of Unimproved Right-of- Way $ 5,323.00 $ 5,483.00 $ 5,647.00 $ 5,816.00 Unimproved Right-of- Way $ 5,323.00 $ 5,483.00 $ 5,647.00 $ 5,816.00 Improved Right-of-Way $ 5,871.00 $ 6,031.00 $6,195.00 $ 6,364.00 Right-of-Way Acquired With Public Funds $ 5,871.00 $ 6,031.00 $ 6,195.00 $ 6,364.00 Willamette Greenway $11,428.00 $11,770.00 $12,123.00 $12,487.00 Permit Zone Change $ 4,965.00 $ 5,114.00 $ 5,267.00 $ 5,425.00 I 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 (including applications for two or more land use reviews processed concurrently) 100% of the total of the highest application fee +75% of the total for each additional application Supplemental Reviews in Response to Changes or New Information Provided by an Applicant Which Require Additional Notice. $400 or 25% of the original application fee, whichever is less, plus the cost of postage Exhibit B-2 Telecommunications Consultation Fee (EC 9.5750(11)) 3. APPEALS Land Use Appeal of Hearings Official Decision Land Use Appeal of Hearings Official Decision by Affected neighborhood association Land Use Appeal of Planning Director Decision, Subdivision and Partition Land Use Appeal of Planning Director Decision by Affected neighborhood association Land Use Appeal of Planning Director Decision, other than subdivision and partition LandU se Appeal of Planning Director Decision by affected neighborhood association, other than subdivision and partition 4. OTHER FEES Legal Agreements/Easements/N eighborhood Approval of Exemptions to Solar Setback Requirements Record Searches Recording Fees Administrative User Fee 100% of City costs in retaining consultants to verify statements made in conjunction with an application. 50% of original fee 25% of original fee 50% of original fee 25% of original fee $250[ 1] no charge [1] $35 + Recording Fee See: Public Records Fee Order Base fee and per page as charged by Lane County (currently $26 for the first page and $5 for each page thereafter) . -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 Exhibit B-3 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(1 O)(b). Exhibit B - 4 CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Mary Feldman - City Recorder Date: October 25, 2006 Subject: Administrative Order 53-05-08-F - Scrivener Errors in Exhibits A and B The presence of scrivener errors in Section 3, the Appeal Section of Exhibits A and B of Administrative Order No. 53-05-08-F has been brought to our attention. The Order, which was adopted on June 20, 2006 amended certain portions of the Land Use Fee Schedule previously adopted by Administrative Order No. 53-05-01-F, and stated in Finding E: "E. I further find that the unamended fees in Exhibits A and B established by Administrative Order No. 53-05-01-F as administratively corrected on August 26, 2005, should be ratified, affirmed, and reformatted to delete the 03/01/05 fees that are no longer effective, and Administrative Order No. 53-05-01-F repealed as of the effective date of this Order." Sections 1 and 2 of Order 53-05-08-F directed that those unamended fees in Exhibits A and B be ratified and the prior order repealed. No amendments were proposed to Section 3, the Appeal section of Exhibits A and B. However, when that section was incorporated as a ratified, unamended section in Exhibits A and B, the phrase "Subdivision and Partition" was omitted from the fourth entry in each section. The entry should read, in each instance: "Land Use Appeal of Planning Director Decision, Subdivision and Partition, by affected recognized neighborhood association - 25% of original fee." The omission was a scrivener error. We have prepared and enclose corrected pages Exhibit A-3 and Exhibit B-3, and you are requested to replace pages A-3 and B-3 of Exhibits A and B of Administrative Order No. 53-05-08-F with these corrected pages. A copy of this Memorandum should also be attached to Order 53-05-08-F. If you have any questions, please do not hesitate to InqUIre. ENJ:jw Encls. HARRANG LONG GARY RUDNICK P.C. CITY ATTORNEYS ~ertJ. UV~ cc: Alissa Hansen Modification of Approved Land Use Decision Consolidated Land Use Application Processes (including applications for two or more land use reviews processed concurrently) Supplemental Reviews in Response to Changes or New Information Provided by an Applicant Which Require Additional Notice Telecommunications Consultation Fee (EC 9.5750(11)) 3. APPEALS Land Use Appeal of Hearings Official Decision Land Use Appeal of Hearings Official Decision by Affected neighborhood association Land Use Appeal of Planning Director Decision, Subdivision and Partition Land Use Appeal of Planning Director Decision Subdivision and Partition, by affected neighborhood association Land Use Appeal of Planning Director Decision, other than subdivision and partition Land Use Appeal of Planning Director Decision by affected neighborhood association, other than subdivision and partition 4. OTHER FEES Exhibit A - 3 whichever is applicable 25% of current fee for land use application type 100% of the total of the highest application fee + 75% of the total of the application fees for each additional application $400 or 25% of the original application fee, whichever is less, plus the cost of postage 100% of City costs in retaining consultants to verify statements made in conjunction with an application. 50% of original fee 25% of original fee 50% of original fee 25% of original fee $250[1] no charge [1] Telecommunications Consultation Fee (EC 9.5750(11)) 1000/0 of City costs in retain- ing consultants to verify statements made in conjunct- tion with an application 3. APPEALS Land Use Appeal of Hearings Official Decision 500/0 of original fee Land Use Appeal of Hearings Official Decision by Affected neighborhood association 250/0 of original fee Land Use Appeal of Planning Director Decision, Subdivision and Partition 50% of original fee Land Use Appeal of Planning Director Decision, Subdivision and Partition, by affected neighborhood association 250/0 of original fee Land Use Appeal of Planning Director Decision, other than subdivision and partition $250[ 1] 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/N eighborhood 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 Exhibit B-3