HomeMy WebLinkAboutDocumentation_Workshop_Tab 01_11/2/2020 Agenda Item #1.
Workshop
STAFF MEMO �
Meeting: Workshop - Nov 02 2020
Staff Contact: Nilsa Zacarias, Director of Department: Community Development
Community Development
Discuss Proposed Code Text Amendments to the Village Code of Ordinances
Proposed Code Text Amendments to the Village Code of Ordinances
10-26-2020-CODE CHANGES- memo- COUNCIL WORKSHOP
10-26-2020 Code Revision List
APPENDIX D LAND DEVELOPMENT FEE SCHEDULE (3)
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Agenda Item #1.
VILLAGE OF TEQU ESTA
To: Mayor Abby Brennan and Village Council
From: Nilsa Zacarias,AICP, Community Development Director
Date: 10/26/2020
Ref.: 2020 Proposed Zoning Code Amendments—Village Council Workshop
With regard to the Village's Zoning Code,the Community Development (CD) Department routinely keeps a list of
code sections ("Glitch List") that needs to be changed for clarity, consistency with other sections, or the code
does not contemplate the situation, etc. Once a year, CD consolidates this list and initiates a process to amend
the Zoning Code by working together with the Village's legal counsel.
We appreciate to receive feedback from the Village Council, please see attached proposed list that includes the
item number and reason for revision. The approval process will include Local Planning Agency hearing (LPA);
First and Second Reading by Village Council.
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Agenda Item #1.
2020 PROPOSED CODE REVISIONS LIST
Item Code Section Reason for Revision
No.
Fashion Mall is an existing Shopping Center in the MU Zoning
1 78-180: MU Mixed-Use district. District. Currently,the Zoning code M-U district does NOT
include Shopping Center as a Permitted Use or a Special
Exception Use.
This Code Section allows gasoline stations as a permitted
2 78-180: MU Mixed-Use district. Special Exception Use but also it is a prohibited use in the
same MU Zoning District.
Code Sec. 78-296: Full-service fuel stations or This Section Contradicts 78-180,which allows gasoline
3 stations as a special exception use in the MU Mixed Use
gas stations. Zoning District.
This Code Section makes parking determination difficult
4 78-705: Required number of parking spaces. based on definitions of business/professional services and
health care facilities.The definitions are all similar and
needs to be clarified with regard to the parking code.
78-4: Definitions These Code Sections do not include food/beverage
78-176: C-1 neighborhood commercial establishments such as gelato, ice creams, coffee shops and+
5 district. other related food establishments.This makes it difficult to
78-177: C-2 community commercial district. distinguish if these businesses are allowed or not in specific
78-178: C-3 general commercial district. zoning districts.
78-299: Location and screening of emergency This Code Section does not allow screening to exceed five
6 generators, air conditioners, pool equipment feet in height.This Code Section requires a revision of 5'to
and similar mechanical equipment. 6'to provide consistency with wall/fence Code section.
7 78-179: R/OP Recreation/Open Space district.
This Code Section is NOT consistent with the Place of
Assembly table in the Definition section.
8 78-282: Structures exempt from height This Code Section needs to be clarified in terms of approval
limitations. of single family homes.
PLEASE NOTE, Land development fee schedule does not
9 Land Development Fees: account for legislative time extensions. Let us know if we
should propose a fee for this item.
Last year(2019)the Zoning Code was amended to allow
10 Sec. 78-335. - Reviewing authority. administratively approvals. However,the Land Development
Land Development Fees: Fee schedule does not include a fee for administrative site
plan approvals.
This Code Section is in consistent with the Land
Development Fee Schedule that requires the following:
b.Tree removal permit review-$50.00
11 Code Sec. 50-234:Application for permit. i.Vegetation removal and land clearing permit(per Sec.
50.234)
i) Flat fee commercial and multi-family development-
$200.00
+$40 per acre for land clearing
1
Page 5 of 38
Agenda Item #1.
APPENDIX D- LAND DEVELOPMENT FEE SCHEDULED]
1. Administrative Charges:
1%of the
a. Residential and commercial zoning review fees construction
valuation
b. Tree removal permit review 50.00
c. Zoning inspection fee (as required) 100.00
d. Land development pre-application meetings 300.00
e. DRC meeting 400.00
f. Zoning determination letter 50.00
g. Special event permit
i) Under 200 attendees 40.00
ii) Over 200 attendees 100.00
h. Special exception use—Administrative approval 300.00
i. Vegetation removal and land clearing permit (per Sec. 50.234)
200.00
i) Flat fee commercial and multi-family development +40 per acre for land
clearing
ii) Single family dwelling—New construction 100.00
2. a. Annexation. No fee required 0.00
b. Contraction (de-annexation) 500.00
3. Reserved
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Agenda Item #1.
4. Planning and Zoning Board:
a. Minor site plan review/modification (final approval) 300.00
i) For each resubmittal 100.00
b. Site plan review (recommendation for approval) 500.00
i) For each resubmittal 250.00
c. Variances and waivers
i) Single family dwelling 300.00
ii) Each landscape waiver 125.00
5. Village Council:
a Optional conceptual presentation to village council (for special 300.00
exception use and site plan review applications)
b. Application review fee 300.00
c. For each resubmittal 250.00
d. Special exception use (plus application fee) 500.00
i) Adult entertainment establishment application processing fee 1,000.00
e. Site plan review: (application fee plus)
$0.00 to$9,999.99 1700.00
$10,000.00 to$49,999.99 2,000.00
$50,000.00 to$991999.99 3,000.00
$100,000.00 to$199,999.99 4,000.00
Over$200,000.00 5,000.00
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Agenda Item #1.
f. Environmental study review(per Sec. 50-39)
i) Base fee (not inclusive of any additional costs necessary to
500.00
complete review process)
g. Variances and waivers:
i) Duplex dwelling 750.00
ii) Multi-family dwelling/commercial 1,000.00
iii) Each landscape waiver 125.00
h. Rezoning of land 2,000.00
i. Zoning code text amendment 2,000.00
6 Expedited site plan review: In addition to the applicable site plan review 1000.00
fee listed above
7. Subdivision of land/plat: 1,000.00
Plus per lot 15.00
i) Re-plat/lot-split 500.00
8. Comprehensive plan amendment/land use change: Base fee F5.,000.00
Plus additional professional fees as may be determined in order to
complete the process.
9. Development Order Time Extension:
i) Variance 250.00
ii) Special exception use 250.00
iii) Site plan review: One-half of original base site plan review fee
10. Additional costs:
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Agenda Item #1.
To cover all additional administrative costs, actual or anticipated, including, but not limited to,
engineering fees, consultant fees and special studies,the applicant shall compensate the village
for all such costs prior to the processing of the application or not later than 30 days after final
a.
application approval whichever is determined as appropriate by the village. Failure to make such
payment may be grounds for not issuing a building or zoning permit, certificate of occupancy or
completion.
b Costs associated with advertising for public hearings and other public notice requirements are
the responsibility of the applicant.
11. Fee reduction for certain not-for-profit entities.
Fees for property owners that are 501(c)(3) entities shall be reduced by 50%.
12. Reduction or Waiver of Certain Fees by the Village Council:
Notwithstanding the above provisions of this Fee Schedule,the Village Council may,from time to
time, upon written request of the applicant, reduce or waive applicable fees for application
resubmittals to either the Planning&Zoning Board or the Village Council, or for requests for
development order time extensions when extenuating circumstances exist,which were not
caused by action or inaction of the applicant, and that warrant the granting of relief in the sole
discretion of the Village Council.All such requests shall be reviewed on a case-by-case basis.Any
relief granted by the Village Council pursuant to this provision may be up to full amount of the
applicable fee or any fraction thereof, in the sole discretion of the Village Council.
(Res. No. 4-12, § 1 (Exh. A), 3-8-2012; Res. No. 16-15, §§ 1(Exh. A), 2, 7-9-15; Res. No. 62-17,
§ 1(Exh. A), 11-9-2017; Res. No. 37-19, §§ 1(Exh. A), 21 8-1-2019)
Footnotes:
Editor's note— Per the city's request, the land development fees are herein set out.
Cross reference— Land development fees, §62-181 et seq.
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