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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/15/2020 - SECOND READING OF ORDINANCE NO. 153, 2020, ADOPTIN Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY December 15, 2020 City Council STAFF Kyle Lambrecht, Civil Engineer Dan Woodward, Civil Engineer I Dean Klingner, Transfort and Parking Interim General Manager Claire Havelda, Legal SUBJECT Second Reading of Ordinance No. 153, 2020, Adopting the 2021 Larimer County Regional Transportation Capital Expansion Fee Schedule. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 1, 2020, adopts the 2021 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 1, 2020 (w/o attachments) (PDF) 2. Ordinance No. 153, 2020 (PDF) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY December 1, 2020 City Council STAFF Kyle Lambrecht, Civil Engineer Dan Woodward, Civil Engineer I Dean Klingner, Transfort and Parking Interim General Manager Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 153, 2020, Adopting the 2021 Larimer County Regional Transportation Capital Expansion Fee Schedule. EXECUTIVE SUMMARY The purpose of this item is to adopt the 2021 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 (County) entered into an intergovernmental agreement (IGA) authorizing the City to collect the 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 only used on improvements that mutually benefit both the City and County. The Regional TCEFs are collected at the 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 are typically based on the County’s Transportation Master Plan, a document which identifies regionally significant roadways. Once a project has been identified, City and County staff work together to determine Regional TCEF funding allocations. Regional TCEFs are frequently leveraged with other funds to support larger scale capital projects and can fully support small scale capacity related improvements. The City and County have previously partnered to design and construct several projects along regionally significant roadways using the Regional TCEF, including improvements to Shields Street and the Shields Street/Vine Drive intersection. City and County staff continue to collaborate on expenditure of the Regional TCEF funds and anticipate using the current 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 August, the Board of County Commissioners adopted a revised fee schedule which increased the Regional TCEF by 7.7%. The County’s fee adjustment is based on an eight-quarter moving average calculated from the Colorado Construction Cost Index data compiled ATTACHMENT 1 Agenda Item 9 Item # 9 Page 2 and reported by the Colorado Department of Transportation. A copy of the August 10, 2020, Minutes of the Board of County Commissioners approving the revised fees has been included with this item. The revised Regional TCEF, along with a comparison to the 2020 fees, are as follows: Development Type 2021 Regional Road Fee 2020 Regional Road Fee Increase or Decrease Residential (per dwelling) by Finished Square Foot of Living Space 900 or less $181 $168 $13 901 to 1300 $253 $235 $18 1301 to 1800 $306 $284 $22 1801 to 2400 $358 $332 $26 2401 to 3000 $401 $372 $29 3001 to 3600 $436 $405 $31 3601 or more $466 $433 $33 Non-Residential (per 1000 Square Feet of Floor Area) Commercial $468 $435 $33 Office & Other Services $276 $256 $20 Industrial $111 $103 $8 The revised fees became effective within the County on September 1, 2020. Under the IGA, revisions to the Regional TCEF 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 program. Revenues from the fees will pass through City accounts and will not affect City revenue limits under Article X, Section 20. The City does retain a 2% administration fee. Adoption will result in an increase to development fee payers. ATTACHMENTS 1. Board of County Commissioners Minutes, August 10, 2020 (PDF) -1- ORDINANCE NO. 153, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2021 LARIMER COUNTY REGIONAL TRANSPORTATION CAPITAL EXPANSION FEE SCHEDULE WHEREAS, the City and Larimer County (the “County”) previously entered into an intergovernmental agreement, 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 (the “IGA”); 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 in order to reflect changes in construction costs, or other relevant factors (the “Regional TCEF Schedule”); and WHEREAS, the last changes to the Regional TCEF Schedule were formally adopted by the City in 2019, and the County is now proposing a revised fee schedule that increases the Regional TCEF by 7.7%, which reflects changes in road construction costs and is 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 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 in order 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 2021 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 1st day of December, A.D. 2020, and to be presented for final passage on the 15th day of December, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of December, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ 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 •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 also be applied to any new or additional finished living space square footage, including permits for additions and basement finishes. In such cases, the total fee due is the 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 b elow: 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) $2,160 $181 $ 2,341 901-1300 (Square Feet)$3,029 $253 $ 3,282 1301-1800 (Square Feet) $3,647 $306 $3,953 1801-2400 (Square Feet) $4,270 $358 $4,628 2401-3000 (Square Feet) $4,792 $401 $5,192 3001-3600 (Square Feet) $5,218 $436 $5,654 3601 or more (square Feet) $5,575 $466 $6,041 Nonresidential (per 1,000 Square Feet of Floor Area) Industrial $1,328 $111 $ 1,439 Commercial $5,595 $468 $ 6,064 Office and other Services $3,292 $276 $ 3,568 EXHIBIT A