HomeMy WebLinkAboutBriefing re SDR Milestone Report JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Mark McCauley, County Administrator
FROM: Josh D. Peters, AICP, Community Development Director
A. George Terry, Assistant Planner
DATE: January 8, 2024
RE: Site Development Review (SDR) Milestone Report
STATEMENT OF ISSUE:
In October 2022, a one-year development moratorium expired in conjunction with adoption by
ordinance of development regulations that established a new Site Development Review(SDR)
program that included Legal Lot of Record(LLOR) Determination and buildability analysis as a
prerequisite to applying for development permits.
The Department of Community Development. (DCD)has summarized the status of the SDR
program in the form of milestone report(attached).
ANALYSIS:
Implementation of the SDR program has presented a number of challenges, many of which have
been overcome with persistent effort. DCD is pleased to present to the Board a bulleted summary
of what's happened to date, where we stand, and where we plan to be shortly. A principal
objective is to eliminate the SDR application backlog that formed in late 2022; we believe that we
are close to meeting that objective. DCD appreciates ongoing support from the Board.
FISCAL IMPACT:
There has been a cost to the General Fund to reducing the SDR application backlog in that
expenses for consultant services have exceeded associated permit revenue. DCD considers this a
one-time investment and anticipates things "going back to normal" in the first quarter of 2024.
Refer to the milestone report for detail.
RECOMMENDATION:
Review the milestone report and engage in discussion with staff.
REVIEWED BY:
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Mark McCaul , County Administ to Da
Site Development Review (SDR) Status Report
January 3, 2024
Background
• In conjunction with the expiration of a year-long development moratorium,Jefferson
County adopted an ordinance on October 3, 2022 (effective October 4), which
established a new Site Development Review (SDR) program that includes Legal Lot of
Record (LLOR) Determination. An SDR is a Type I permit in the Unified Development
Code (UDC) and a prerequisite to apply for development permits, such as septic or
building permit. For a variety of reasons (not elucidated here), a substantial queue of
SDR applications formed within weeks that has remained challenging ever since for
applicants and Department of Community Development (DCD) staff alike.
• Following a series of events in late 2022 and the first half of 2023—including a planned
transition from one permit database system to another, significant staff turnover at
DCD, and a department reorganization—Jefferson County contracted with Atwell, LLC
on August 28, 2023 for development review services that would supplement DCD's in-
house capacity. The initial emphasis of the Atwell scope of work has been to address the
SDR application backlog.
Status & Outlook
• Atwell Associate Director Andy McAndrews provided DCD a milestone report on
December 27, 2023 to document work accomplished on the SDR project at year's end
and to forecast the first quarter of 2024.The report included a spreadsheet with
historical and anticipated data.This status report supplements the information provided
by the consultant, provides a snapshot of our progress to date, and outlines what to
expect as we approach the point where SDR reviews are caught up and DCD could offer
applicants a review timeline consistent with what was originally envisioned with launch
of the SDR program in October 2022.
• Based on what's been accomplished to date and what we anticipate being accomplished
in the coming months, the current estimate for eliminating the SDR backlog is by the
end of the first quarter of 2024. In this context, a working definition of"eliminate the
SDR backlog" is a state in which a consistent review timeline could be maintained for
future applicants. Aside from the set of previously identified problematic or delayed
SDRs, DCD and Atwell are currently reviewing SDRs that were applied for in October and
November 2023.This is already a welcome change from reviewing applications
submitted 4-6 months prior, which was the average case in early to mid-2023.
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Process Improvements
• The following are measures DCD has or intends to put in place to help prevent future
SDR backlogs and to improve review process efficiency and transparency:
➢ Institution of formal implementation policy that establishes a streamlined standard
operating procedure (SOP) for staff review of SDRs, including LLOR Determination
➢ Partial over-the-counter review at time of application submission
➢ Varying types of SDR applications and products (i.e., level of review) based on
existing and proposed development
➢ Enhanced DCD development review capacity
➢ Increased and maintained institutional knowledge and experience
➢ Continued, near-term Atwell support
➢ Improved interim internal case status tracking protocols during pursuit of full
EnerGov permit software database deployment
➢ Corresponding interim public-facing case tracker information
Consultant Services& Cost
• During contract negotiation, DCD estimated the budget for Atwell's services to be
$100,000, as reflected on the internal contract review cover sheet. However, the
contact itself uses a task order model without a prescribed not-to-exceed value. One
objective of this status report is to document the rationale for exceeding the budget as
initially estimated.
• The total cost of Atwell's services between August 28 and December 31, 2023, was
$114,000.This expenditure has resulted in the completion of 185 SDRs between
September and December 2023, with approximately 60 reviews remaining and assigned.
• Atwell's milestone report indicates an estimated total fee for SDR review (185
completed SDRs plus the remaining 60 to be completed) at $152,672. Considering
application fees collected, the rough additional cost to the county for working through
the SDR backlog would total $48,000.
[Note that the policy decision was made to issue completed SDRs without charging
applicants for additional time and associated cost when those applications were
submitted in 2022 or 2023 and took longer than anticipated to process.]
• The average cost of an SDR reviewed by Atwell between September and December 2023
was$616, which is$188 higher than the $428 base fee collected by DCD at application.
• While the overall average cost of each SDR over this four-month period is higher than
the base application fee, there are some important factors contributing to that number:
➢ Roughly 20% of Atwell's budget has been for training and project management.
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➢ Atwell's level of effort and overall time spent on each SDR has continued to
decrease and they continue to trend quicker on the reviews with each batch.
➢ A substantial number of SDRs fall into the category of more complex and
problematic review.
➢ An increasing number of Atwell completed SDRs have been invoiced for a cost closer
to the base fee collected by DCD.
➢ The Atwell estimate for remaining costs to complete the roughly 60 SDR
assignments is conservative, using the average rate per SDR rather than a smaller
rate in line with the base fee and the increasingly typical process time.
➢ Approximately 30 of the remaining SDRs present challenges that will likely require
greater effort than straightforward review.
• Significant DCD effort has gone toward the training, onboarding, and setup, as well as
direct coordination with Atwell over the past four months. The Atwell provided data
does not account for staff time for each SDR processed.
• Entering 2024, Atwell's target for processing time (and the costs to DCD) for each
remaining "typical" SDR is to be near the application fee rate of$428.
• Cost-recovery: While the problematic SDRs that will be assigned to Atwell later in
January may not be appropriate to bill the additional hourly fee, Atwell and DCD project
lead George Terry are confident that any new problematic SDR applications can be
appropriately invoiced to the applicant. This would make future Atwell reviews a more
direct "pass-through" cost, addressing DCD's budget deficit in late 2023 for third-party
development review.
• Atwell and George Terry have implemented or will be implementing several budget-
preservation measures to help reduce costs in 2024:
➢ We have reduced the weekly coordination meeting time to 30 minutes or less.
➢ We have limited staff involvement at those meetings to only Amanda Hunt (Atwell
project lead) and George Terry regularly.
➢ Support staff will continue to be available on an as-needed basis.
➢ Atwell anticipates a significant reduction in their general project management
efforts going forward.
➢ Now established tracking, routing, reviewing, and processing systems can be
maximized.
➢ DCD will continue to work toward standardized procedures and efficient
implementation policies that reduce the work load represented by each SDR.
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Ongoing Implementation
• The volume of SDR applications should level off in 2024, and with an eliminated backlog
and growing staff support, future SDR backlogs should be able to be avoided.
• "Phase 2" of the SDR project presents several opportunities for Atwell to continue to
assist DCD with identifying improvement opportunities in the SDR process.
• Projected opportunities for SDR process improvements include the following actions:
➢ Generate better understanding of what differentiates a "typical" SDR from a
"problematic" SDR so that there is greater clarity for applicants and reviewers.
➢ Continue to refine the SDR application process to ensure that policy objectives are
met while unnecessary burden to applicants is avoided.
➢ Continue SDR review coordination between DCD and Environmental Public Health
(EPH), focusing on the question of whether the property meets minimum land area
requirements.
➢ Finalize LLOR Determination criteria to resolve policy questions, solidify approach,
and train new staff effectively.
➢ Update and detail the online "frequently asked questions" sheet for the SDR
program. Analyze and incorporate feedback from stakeholders, including:
➢ Applicants and their representatives
➢ County leadership
➢ DCD leadership
➢ DCD staff that process SDRs
➢ EPH staff that process SDRs
➢ Atwell SDR project staff
➢ Community representatives
• A communication objective is to keep SDR applicants and other interested parties
informed. DCD Planning Technician Emily Calkins is now the person best equipped to
provide the most accurate SDR case numbers and to provide answers to case-specific
SDR status questions, under the guidance of Permit Center Coordinator Erin Martin and
other DCD staff versed in the SDR program.
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