HomeMy WebLinkAbout2011-082-09/06/2011-CLARIFYING THE BASIS FOR THE SETTING OF DEVELOPMENT REVIEW AND BUILDING PERMIT FEES RESOLUTION 2011-082
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CLARIFYING THE BASIS FOR THE SETTING OF
DEVELOPMENT REVIEW AND BUILDING PERMIT FEES
WHEREAS, in the past the City Council has acted by resolution to establish a process for
establishing and implementing various types of fees,including capital improvement expansion fees,
user fees, permit fees, and others; and
WHEREAS, more specifically, the City Council in 2006 adopted Resolution 2006-113,
providing a process for implementing City fee increases, and then earlier this year adopted
Resolution 2011-013, staying the application of Resolution 2006-113, pending further action to
clarify its intent and scope; and
WHEREAS, pursuant to Article I of Chapter 7.5 of the City Code, the City Manager is
empowered to establish fees for administrative services and City facilities, based upon the cost of
providing the related service or facility; and
WHEREAS, City Code Section 7.5-2 allows the City Manager to determine the extent to
which fees will be set to recover costs based on the nature of the facilities or services,the nature and
extent of the benefit to the feepayers,the level of demand for a particular service or facility,and ease
of collection; and
WHEREAS, that provision further authorizes the City Manager to structure administrative
fees so as to make distinctions among feepayers, in terms of the amounts to be paid by such
feepayers for the use of a particular service or facility, provided that any such distinctions are
reasonably related to a legitimate municipal purpose; and
WHEREAS, Section 2.2.3(D) of the Land Use Code authorizes the City Manager to set
development review fees, and requires that such fees be based upon the costs of providing
development review; and
WHEREAS, staff has conducted a thorough review of the costs associated with providing
development and building review services("Building Permit and Plan Check Fees"),along with the
cost-recovery performance resulting from the fees that have been in effect for those services; and
WHEREAS, at the City Council's June 14, 2011, Work Session, the Council reviewed the
results of staff s analysis, and considered the options for changing the cost-recovery approach on
which Building Permit and Plan Check Fees are based; and
WHEREAS, based on staff s new and rigorous accounting for the costs of processing
building permit applications,including plan checking,the City Manager has proposed administrative
Building Permit and Plan Check Fees that would recover all direct costs of those services as
authorized under the existing Code provisions; and
WHEREAS,the City Council intends that the fee provisions of Chapter 7.5 of the City Code
and 2.2.3(D) of the Land Use Code govern the setting of administrative and other fees as described
therein, and consequently seeks to clarify in this Resolution that resolutions previously adopted
establishing standards or providing direction with respect to the setting of fees addressed in Chapter
7.5, and specifically Resolution 2006-113 and Resolution 2011-013, are no longer in effect.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby reaffirms the procedures and standards for
administrative adoption of Building Permit and Plan Check Fees as described herein, and endorses
the City Manager's determination that the Building Permit and Plan Check Fees should recover all
related direct costs.
Section 2. That Resolution 2006-113 and Resolution 2011-013, and such other
resolutions as may dictate the requirements associated with the setting of fees under Chapter 7.5 of
the City Code and Section 2.2.3(D) of the Land Use Code, are hereby declared to be of no further
force or effect.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of September A.D. 2011.
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