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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/21/2021 - SECOND READING OF ORDINANCE NO. 165, 2021, ADOPTIN Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY December 21, 2021 City Council STAFF Dana Hornkohl, Capital Projects Manager Dean Klingner, Deputy Director, PDT Aaron Guin, Legal SUBJECT Second Reading of Ordinance No. 165, 2021, Adopting the 2022 Larimer C ounty Regional Transportation Capital Expansion Fee Schedule. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 7, 2021, adopts the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 7, 2021 (w/o attachments) (PDF) 2. Ordinance No. 165, 2021 (PDF) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY December 7, 2021 City Council STAFF Dana Hornkohl, Capital Projects Manager Dean Klingner, Deputy Director, PDT Aaron Guin, Legal SUBJECT First Reading of Ordinance No. 165, 2021, Adopting the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule. EXECUTIVE SUMMARY The purpose of this item is to adopt the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2000, the City and Larimer County (the “County”) entered into an intergovernmental agreement (the “IGA”) authorizing the City to collect Larimer County Regional Transportation Capital Expansion Fees (“Regional TCEFs”) on behalf of the County. The Regional TCEFs generate revenue for capacity-related improvements to regionally significant roadways that are necessitated by new development. The Regional TCEFs are used only for improvements that mutually benefit both the City and the County. Regional TCEFs are collected at the time of issuance of a building permit. Per the IGA, the County serves as the Regional TCEF administrator and is responsible to develop project recommendations for fee utilization. The County’s recommendations typically are based on the County’s Transportation Master Plan, a document that identifies regionally significant roadways. Once a project has been identified, City and County staff work together to determine Regional TCEF funding allocations. Regional TCEFs frequently are leveraged with other funds to support larger scale capital projects and can fully support small scale capacity related improvements. The City and County previously have partnered to design and construct several projects along regionally significant roadways using Regional TCEFs, including improvements to Taft Hill Road, Shields Street, and the Shields Street/Vine Drive intersection. City and County staff continue to collaborate on efficient and effective uses for the Regional TCEF funds; most recently agreeing to use these funds to improve a section of Taft Hill Road between Horsetooth Road and Harmony Road. The Larimer County Land Use Code specifies that its Regional TCEF must be updated annually to reflect changes in road construction costs during the previous year. In July 2021, the County adopted a revised fee schedule which increased the Regional TCEF by 2.4%. A copy of the June 15, 2021, “Transportation Capital Expansion Fee Adjustments for 2021” memorandum to the Larimer County Board of County Commissioners outlining the revised fees is included with this item. ATTACHMENT 1 COPY Agenda Item 15 Item # 15 Page 2 The Regional TCEF increase of 2.4% is based on the Colorado Construction Cost Index reported by the Colorado Department of Transportation (eight-quarter moving average). In comparison, the recently approved City TCEF increase of 7.4% is based on the Construction Cost Index (Denver) reported by the Engineering News Record (twelve-month average ending in August). Inflationary and regional pressures affected the higher rate of increase seen in the City TCEF. The revised (2022) Regional TCEFs, along with a comparison to the 2021 Regional TCEFs, are as follows: Development Type 2022 Regional Road TCEF 2021 Regional Road TCEF Increase or Decrease Residential (per Dwelling) by Square Feet of Finished Living Space 900 or less $184 $181 $3 901 to 1300 $258 $253 $5 1301 to 1800 $312 $306 $6 1801 to 2400 $366 $358 $8 2401 to 3000 $410 $401 $9 3001 to 3600 $445 $436 $9 3601 or more $476 $466 $10 Nonresidential (per 1,000 Square Feet of Floor Area) Commercial $479 $468 $11 Office & Other Services $283 $276 $7 Industrial $114 $111 $3 The revised fees became effective within the County on July 1, 2021. Under the IGA, revisions to the Regional TCEFs do not take effect in the City until Council approves a new fee schedule. CITY FINANCIAL IMPACTS The fees are collected on behalf of Larimer County and the Regional TCEF program. Revenues from the fees will pass through City accounts and will not affect City revenue limits under Article X, Section 20 of the Constitution of the State of Colorado. The City retains a 2% administration fee. Adoption of the Regional TCEF Schedule will result in an increase to development fee payers. BOARD / COMMISSION RECOMMENDATION City staff did not present this item to any Boards and Commissions as the fees are being adjusted only for inflation. PUBLIC OUTREACH As these fees are managed and administered by Larimer County, City staff did not participate in scheduled public outreach. ATTACHMENTS 1. Transportation Capital Expansion Fee Adjustments (PDF) COPY -1- ORDINANCE NO. 165, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2022 LARIMER COUNTY REGIONAL TRANSPORTATION CAPITAL EXPANSION FEE SCHEDULE WHEREAS, the City and Larimer County (the “County”) previously entered into an intergovernmental agreement (the “IGA”), as amended from time to time, whereby the City collects a Regional Transportation Capital Expansion Fee (also known as a “regional road impact” fee) on behalf of Larimer County at the time of issuance of building permits, which fee raises revenue for road improvements on regionally significant roadways that are necessitated by new development; and WHEREAS, the City and the County have established a procedure pursuant to City Code Section 7.5-82 for the City Council to consider and approve any County-proposed changes to the Regional Transportation Capital Expansion Fee schedule (the “Regional TCEF Schedule”) to reflect changes in construction costs, or other relevant factors; and WHEREAS, the last changes to the Regional TCEF Schedule were accomplished by City Council’s adoption of Ordinance No. 153, 2020, and the County is now proposing a revised fee schedule that increases the Regional TCEF by 2.4%, reflecting increases in road construction costs based on an eight-quarter moving average calculated from the Colorado Construction Cost Index data compiled by the Colorado Department of Transportation; and WHEREAS, under the terms of the IGA, revisions to the Regional TCEF Schedule do not take effect in the City until the City Council approves the new fee schedule; and WHEREAS, the City Council has determined that it is in the best interests of the City that the County’s proposed changes to the Regional TCEF Schedule be adopted to further the public interest of adequately funding road improvements that are necessitated by new developments along regionally significant roadways that impact the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the 2022 Larimer County Regional Transportation Capital Expansion Fee Schedule attached hereto as Exhibit “A” and incorporated herein by reference is hereby adopted and approved and shall go into effect in Fort Collins upon the effective date of this Ordinance. -2- Introduced, considered favorably on first reading, and ordered published this 7th day of December, A.D. 2021, and to be presented for final passage on the 21st day of December, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Passed and adopted on final reading on the 21st day of December, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk LARIMER COUNTY | ENGINEERING DEPARTMENT P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970.498.5700, Larimer.org Transportation Capital Expansion Fee Schedule Effective July 1st, 2021 •The fee is based on the current Larimer County Transportation Capital Expansion Fee (TCEF) Study. The TCEF Study and TCEF Sections of the Larimer County Land Use Code are at www.larimer.org/engineering/development-review. •The “Residential” tiered fee schedule based on square footage applies to building permits for new residential structures with an application date after June 30, 2018. For new residences constructed after this date, the TCEF will be applied to any new or additional finished living space square footage, including permits for additions, basement finishes & detached buildings. In such cases, the total fee due is based on the incremental difference between the existing & proposed finished living square footage. Finished living square footage excludes unfinished basements, attics, and garage floor area. The “Residential” tiered fee structure will not be applied to additions or finishes of existing living space IF the original residential building permit was initiated before July 1, 2018. •The “Nonresidential” fee schedule is based on building use and total square feet. The TCEF applies to new square footage and to changes of use of existing square footage of three general nonresidential categories that are further defined below: o “Industrial” includes the processing or production of goods, along warehousing, transportation, communications, and utilities. o “Commercial” includes retail development and eating/drinking places, along with entertainment uses often located in a shopping center (e.g. movie theater). o “Office & Other Services” includes offices, health care and personal services, business services (e.g. banks) and lodging. Public and quasi-public buildings that provide educational, social assistance, or religious services are also included in this category. Land Use Type County Road TCEF Regional Road TCEF Total Per Unit Residential (per Dwelling) by Square Feet of Finished Living Space 900 or less (Square Feet) $2,212 $184 $2,396 901-1300 (Square Feet) $3,102 $258 $3,360 1301-1800 (Square Feet) $3,735 $312 $4,047 1801-2400 (Square Feet) $4,372 $366 $4,738 2401-3000 (Square Feet) $4,907 $410 $5,317 3001-3600 (Square Feet) $5,343 $445 $5,788 3601 or more (square Feet) $5,709 $476 $6,185 Nonresidential (per 1,000 Square Feet of Floor Area) Industrial $1,360 $114 $1,474 Commercial $5,729 $479 $6,208 Office and other Services $3,371 $283 $3,654 EXHIBIT A