G-925 - 05/11/2010 - COMMUNITY DEV-PLANNED DEV. - Ordinances Supporting DocumentsAGENDA ITEM
Regular Board of Trustees Meeting
of
May 11, 2010
ITEM 10.1:
SUBJECT: Amendment to Title 1, Chapter 14 of the Village Code — Fees — Planned
Developments
FROM: Robert L. Kallien, Jr., AICP, Community Development Director
BUDGET SOURCE/BUDGET IMPACT: To Be Determined
RECOMMENDED MOTION: I move that the Village Board approve the recommended
changes to the Fees in Section 1 -14 -1 of the Village Code to establish fees for Planned
Developments and authorize the Village Attorney to prepare the necessary ordinance for final
consideration at the May 25, 2010 Board meeting.
Backeround/Historv:
In 2009, the Village Board approved the ordinance establishing Planned Development Regulations.
Since that time, the Board has taken several additional steps:
A map amendment was approved to delineate the boundaries of the Planned Development
Regulations on the Village's zoning map;
A text amendment was processed to further clarify the exemption process for Planned
Developments; and
Appointments to the Planned Development Commission have been made.
The remaining step is to establish fees for Planned Developments.
Proposed Planned Development Fee
Section 13- 15 -6.0 of the approved Planned Development regulations details what must be covered
in the planned development fee. Since planned development projects in Oak Brook will vary in
complexity (by the number of special uses and variations) as well as size, the fees that are assessed
must be consistent with the market place as well as to ensure cost recovery.
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As such, staff conducted a survey of what other communities charge for processing a planned
development or PUD (see attached). The fees that are assessed vary significantly, from as little as
$690 in Wilmette to nearly $20,000 for large projects in Naperville. The Village of Hinsdale has
instituted a PUD fee which is based on 100 percent recovery of all direct and indirect costs
associated with the project.
Recognizing that there will be a significant level of staff time required to review and process a
Planned Development application in Oak Brook, staff is proposing a fee structure that is based on a
philosophy of both reasonable cost recovery and the complexity of the planned development
project. In addition, all third party costs for public notice, Village Attorney, consultant engineering
services, etc. will be billed to the applicant for each planned development application.
Accordingly, Staff is proposing a base fee of $1500 for a new planned development application. In
addition, Staff is proposing a fee of $500 that will be assessed for each waiver or variation that is
requested from the Village Code. For comparison, I have identified two recently approved projects
and have calculated what their fee would be if processed as a planned development versus our
existing fee schedule. For the new McDonald's located on Midwest Road, if it were processed
under the requirements of a planned development, McDonald's would pay a fee of $3,500 versus
the $2,300 that was paid for the multiple special uses and variations that were requested. The Irgens
(York Road Development Partners) medical office project located on York Road if processed as a
planned development would pay a base fee of $5,000 versus $3,650 that was paid for the map
amendment, text amendment, special use and two variations.
In the event that an approved Planned Development requires a modification that would fall under
the category of a minor change, Staff is proposing a flat fee of $750. That fee would be consistent
to someone requesting an amendment to an existing special use.
The Planned Development regulations also require the establishment of an escrow account from
which anticipated third party costs and recoverable expenses are to be drawn. It is suggested that an
initial escrow account in the amount of $500 be established at the time of application to cover some
of the anticipated recoverable costs, including the cost of legal publication, resident mailings, etc.
No interest shall be payable on any such escrow account.
Recommendation:
Approve the following fees for planned developments:
• New Planned Development or Major Change to an existing Planned Development — Base
Fee: $1500, plus $500 for each waiver or variation to the Village Code plus all applicable
third party costs.
• Minor Change to an Approved Planned Development - $750.
• Initial Escrow Deposit - $500.
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Section 13- 15 -6.0 (Planned Development Regulations)
C. Fees:
General Fees: Each application for a Planned Development shall be accompanied by
a fee in the amount established by the Corporate Authorities from time to time
payable to the order of the Village to defray the costs and expenses of the Planned
Development procedures, and any other filing or other charges established pursuant
to this Chapter ( "General Fees ").
2. Additional Cost Recovery: Every application filed for a Planned Development
pursuant to this Chapter that requires the Village to incur third party costs or
expenses, including without limitation, legal fees incurred by the office of the
Village Attorney or any attorney or firm retained by the Village, shall be subject to
the cost recovery fee and lien provisions set forth in this Subsection. The cost
recovery fee shall be in addition to the General Fees.,
Responsibility for Payment: The owner of the property that is the subject of the
application and, if different, the applicant, shall be jointly and severally liable for the
payment of the General Fees, the cost recovery fee, and for the cost recovery lien. By
signing and authorizing the application, the owner or applicant shall be deemed to
have agreed to pay, and to have consented to, the General Fees and cost recovery fee,
plus any costs of collection, that have not been paid within 30 days following the
mailing of a written demand for payment to the owner or applicant at the address set
forth on the application, including any additional cost recovery fees assessed herein.
Any lien filed pursuant to this Subsection may be foreclosed in the manner provided
for mortgages or mechanics' liens under Illinois law.
4. Recoverable Costs: For purposes of calculating the cost recovery fee and General
Fees, the costs incurred by the Village with respect to the following items shall be
deemed to be the "actual costs" incurred by the Village in processing an application
for a Planned Development:
a. Publication and mailing of notices;
b. Court reporter and recording secretarial services;
C. Professional and technical consultant services;
d. Village Attorney, or other Village related attorney or law firm, consultation,
meeting attendance, document preparation, and review;
e. Copy reproduction;
f Document recordation; and,
g. Inspection fees.
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5. Escrow: For each application filed and processed pursuant to this Chapter that
requires the Village to incur third party costs or expenses, an application fee escrow
account shall be established as provided below:
a. Initial Deposit: Every petition filed that requires the Village to incur third
party costs or expenses shall be accompanied by an initial deposit for
purposes of paying additional application fees. The amount of the initial
deposit shall be determined by the Village Manager, and the initial deposit
and any subsequent deposit shall, be placed in an application fee escrow
account. No interest shall be payable on any such escrow account.
b. Draws From Escrow: From the date of filing of any application, the Village
shall maintain an accurate record of the actual costs of processing and
reviewing the application. The Village shall, from time to time; draw funds
from the escrow account established to pay costs identified in Paragraph 4 of
this Subsection and shall transfer funds to the appropriate Village accounts.
The Village shall maintain an accurate record of all draws.
C. Additional Deposits: Should the Village at any time determine that the
escrow account established in connection with any application is, or is likely
to become, insufficient to pay the actual costs of processing an application,
the Village shall inform the applicant of that fact in writing and demand an
additional deposit in an amount deemed to be sufficient to cover foreseeable
additional costs. Unless and until such additional amount is deposited by the
applicant, the Village may direct that processing of the application be
suspended or terminated. Any termination shall be deemed a withdrawal of
the application by the applicant.
d. Final Settlement: As soon as reasonably feasible following final action on a
application, the Village shall cause a final accounting to be made of the
escrow deposits made in connection with the application and the actual costs
of processing the application and shall make a final charge of costs against
the escrow deposit. A copy of the accounting shall be provided to the
applicant. If the amount in the escrow is insufficient to pay the total actual
costs, a written demand for payment of the balance due shall be mailed to the
applicant. If any unused balance remains in the escrow account after paying
the total actual costs, that amount shall be returned to the applicant.
6. Waiver for Specified Public and Charitable Bodies: The provisions of this
Subsection may be waived by the Corporate Authorities for fees applicable to any
application filed by any public body, or any agency deriving the majority of its
revenues from taxes levied within the Village, or any charitable or eleemosynary
organization.
7. Condition of All Planned Development Applications and Approvals: No application
filed pursuant to this Chapter shall be considered complete unless and until all fees
due pursuant to this Section 13 -15 -6C have been paid. Every approval granted and
every permit issued pursuant to this Chapter shall, whether or not expressly so
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conditioned, be deemed to be conditioned upon payment of cost recovery fees as
required by this Section 13- 15 -6C.
8. Time Periods: Where this Chapter provides that the passage of time without decision
or action shall be deemed an approval or recommendation for approval, all time
periods shall be tolled during any period of nonpayment, but shall otherwise continue
to run.
9. Failure to Pay: The failure to fully pay cost recovery fees when due shall be grounds
for refusing to process an application and for denying or revoking any Planned
Development approval sought or issued with respect to the land or development to
which the unpaid fee relates.
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