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Brentwood City Commission Agenda
Meeting Date: 04/24/2017  
Ordinance 2017-06 - An Ordinance Amending Fees for Building and Mechanical Permits and for Planning Commission and Board of Zoning Appeals Submittals
Submitted by: Jeff Dobson, Planning & Codes
Department: Planning & Codes  

Information
Subject
Ordinance 2017-06, proposes the amendment of the building permit fees, mechanical permit issuance fees, Planning Commission submittal fees and Board of Zoning Appeals submittal fees.  
Background
The Planning and Codes Department FY 2017 Non-Routine Work Plan includes an item to review Planning Commission review fees.  Given it has been almost ten years since building permit fees were last reviewed, staff recently completed a analysis of all of the department's submittal/issuance fees, including Planning Commission and Board of Zoning Appeals submittal fees and permit fee schedules.  As a result of this analysis, minor fee increases are proposed as part of the attached ordinance.  

Building and Mechanical Permits 

The fee schedule for the issuance of building permits was last amended by the Board of Commissioners pursuant to Ordinance 2007-25, which was approved on October 11, 2007.  The fee schedule was included as part of the adoption of the 2006 Edition of the International Code Council (ICC) Building Code, which affects commercial and residential construction standards. In November 26, 2012 the Board of Commissioners approved Ordinance 2012-14, approving amendments to Section 14 of the Municipal Code adopting the 2012 Editions of the ICC commercial and residential building code construction standards. However, amendments to the fee schedule were not adopted as part of the amendments to the ordinance.

Currently, Section 14-72(a) of the Municipal Code establishes a "per square foot" amount for enclosed areas within residential structures that is used to calculate the structure's valuation and permit fees. The current amount is $90.00 per square foot of enclosed finished area, except that enclosed areas that are proposed to remain unfinished, such as basements, detached garages, etc., are assessed at $20.00 per square foot of area.   The attached ordinance proposes increasing the amount used to calculate the valuations upon which permit fees are based for enclosed areas in residential structures from $90.00 to $100.00 per square foot.  The current fee of $20.00 per square foot of unfinished space would remain unchanged.  

Some examples of the new fee versus the old fee are shown in the table below.
 
PERMIT FEE COMPARISON
LOCATION VALUATION $90/SF $100/SF DIFFERENCE
Taramore, Lot 43 $430,500.00 $1,176.25 $1,286.25 $110.00
Witherspoon, Lot 116 $474,500.00 $1,352.25 $1,481.50 $129.00
Stonecrest, Lot 5 $488,400.00 $1,385.25 $1,520.00 $134.75

Note that such a calculation is not used to determine valuation for commercial structures.  Commercial valuation is provided by the permit applicant.  

Changes are also proposed to Section 14-120, in regard to fees for mechanical permits.  Staff proposes that language be added to the section indicating that the section also applies to the installation of "gas piping."  Additionally, the issuance fees would be increased from $10.00 to $25.00, which would bring the fees up to those charged for plumbing permits. 

Planning Commission Reviews

The schedule for Planning Commission submittal/review fees was last amended pursuant to Ordinance 2008-08, which was approved by the Board of Commissioners on June 24, 2008.

Ordinance 2017-06 amends Section 50-29 of the Municipal Code to minimally increase the submittal fees for all reviews. Currently, the submittal fee is $250, plus a $25.00 fee per lot for a residential proposal or a fee of $20.00 per acre or fraction thereof for a commercial project.  The proposed amendments would increase the submittal fee to $300.00, and either $40.00 per lot or acre, whichever is applicable.  

New language is also added to address the submittal and lot fees for review of revised preliminary plans for OSRD/OSRD-IP subdivisions that require staff review.  The proposed fees are $500.00 plus $40.00 per affected lot. The language "per affected lot" is inserted because sometimes a revised OSRD/OSRD-IP Development Plan does not impact all of the lots shown on the plan.  Even though some proposals do not impact all lots, it is still necessary to perform a complete review to insure compliance with Code requirements.  The increase in the amount of the submittal/review fees is necessary due to the complexity of the review of the OSRD calculations for each project.  Every time a revised preliminary plan for OSRD/OSRD-IP subdivisions is submitted, staff must completely review all open space calculations.  Additionally, the Code requires that corresponding changes to preliminary plans which affect certain areas of OSRD/OSRD-IP plans also be approved by the Board of Commissioners.  Currently, no fees are charged for review and preparation of the backup information of revised OSRD/OSRD-IP plans submitted for review by the Board of Commissioners.  

Board of Zoning Appeals 

The fee schedule for building permits was last amended by the Board of Commissioners pursuant to Ordinance 2007-28, which was approved by the Board of Commissioners on November 26, 2007.

A comparison of the current filing fees for Board of Zoning Appeals (BZA) requests follows;
 
BZA FILING FEE COMPARISON
REQUEST  CURRENT FEE PROPOSED FEE
Administrative Review * $100.00 $200.00
Special Exceptions, Inc. Accessory Structures $100.00 $200.00
Variances $150.00 $200.00
* Fees required for Administrative Review are reimbursed if decision is overturned

Staff proposes that the proposed ordinance amendments become effective for permit applications, Planning Commission and Board of Zoning Appease submittals received after July 1, 2017.

Planning and Codes Department staff conducts semi-annual meetings with the building community to provide education, information regarding changes in Code requirements, changes to inspections/permits policies and changes to fee schedules.  The next meeting is scheduled for May 4, 2017.  The agenda will include an introduction and discussion of the new fee structure.  

Because a portion of the ordinance amendments affects Section 78-59 of the zoning ordinance, review by the Planning Commission and a public hearing are required.   On April 4, 2017 the Planning Commission voted unanimously nine for and zero against (9-0) to forward a recommendation of approval of the changes to Section 78-59 to the Board of Commissioners. The required public hearing was held at the Board of Commissioners meeting on April 10.  

Should you have any questions please contact the Planning and Codes Director.  
Staff Recommendation
Staff recommends approval of Ordinance 2017-06.
Previous Commission Action
On April 10, 2017 the Board of Commissioners conducted the required public hearing for Ordinance 2017-06.  No one spoke either for or against the proposed ordinance.  

At its meeting of March 13, 2017 the Board of Commissioners voted unanimously, six for and zero against (6-0), passing Ordinance 2017-06 on first reading.  

On November 26, 2012 the Board of Commissioners approved Ordinance 2012-14, adopting the 2012 edition of the International Code Council (ICC) Building Code Standards.  Several exceptions to the code requirements were also adopted as part of the adoption.  However the fee schedule as established by Ordinance 2007-25 remained unchanged.   

On June 24, 2008 the Board of Commissioners approved Ordinance 2008-08, which modified the required fees for projects submitted for Planning Commission review.

On November 26, 2007 the Board of Commissioners approved Ordinance 2007-28, which amended the fee schedule for BZA submittals.  The fees were increased from $25.00 for Special Exceptions and Administrative Appeals and $50.00 for Variance requests to $100 for Special Exceptions and Administrative Appeals and $150.00 for Variance requests 

On October 11, 2007 the Board of Commissioners voted to approve Ordinance 2007-25. The Ordinance amended several sections of the Municipal Code as part of the adoption of the 2006 edition ICC Building Code Standards.  Also as part of the amendments a revised building permit fee schedule was adopted increasing the per square feet fee for new residential construction from $70.00 to $90.00 per square foot of enclosed space.  Previously the 2003 ICC Codes were used.  

On  March 28, 2005, the Board of Commissioners approved Ordinance 2005-05, which amended the Municipal Code regarding building permit fees, and fees for Planning Commission submittals.  The ordinance amended several sections of the Municipal Code and established a per square foot fees for new residential construction of $70.00 square feet of enclosed space. 

Fiscal Impact
Amount : + $50,000 est.
Source of Funds:
Account Number:
Fiscal Impact:
The amount of new revenue generated by these fee increases will obviously be dependent upon the level of building and development activity occurring in the City.  Based on FY 2016 activity levels, staff estimates the building and mechanical fee increases would have generated approximately $30,000 in additional revenue while the changes in review fees related to Planning Commission and Board of Zoning Appeals cases would have generated approximately $20,000 in additional revenue.
Attachments
Ordinance 2017-06
Current Code Language -- Affected Sections
PC Review Memo
Signed Ordinance

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