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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/07/2008 - FIRST READING OF ORDINANCE NO. 110, 2008, AMENDING ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: October 7, 2008 FORT COLLINS CITY COUNCIL STAFF: Chuck Seest SUBJECT First Reading of Ordinance No. 110,2008,Amending the City Code to Increase the Amounts of the Capital Improvement Expansion Fees Contained in Chapter 7.5 of the Code so as to Reflect Inflation in Associated Costs of Services. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT In 2007 (the last full audited year), the City collected $2.5 million of Capital Improvement Expansion fees,$1.0 million of Neighborhood Parkland fees,and$5.8 million of Street Oversizing fees. For 2009,with the increases for inflation and construction costs,the City estimates that it will collect $1.8 million of Capital Improvement Expansion fees, $800,000 of Neighborhood Parkland fees, and $4.3 million of Street Oversizing fees. The fees are collected when building permits are issued for projects. The decreases in all of these fees are due to the expectation that residential building permits, on which these fees are based, will be lower in 2009 than they were in 2007 and the estimates for 2008. At year-end of 2008, staff estimates that the total available balance in the Capital Improvement Expansion Fund will be approximately $19.2 million. The Neighborhood Parkland Fund will have about$8.0 million. The Street Oversizing Fund is estimated to have nearly $3.8 million at the end of the year. EXECUTIVE SUMMARY This Ordinance increases the fee schedules for the Capital Improvement Expansion fees and Neighborhood Parkland fee by the estimated 2008 changes in the Denver-Boulder-Greeley Consumer Price Index ("CPI"). Costs in the Capital Improvement Expansion fees ("CIEF") Study and the fee schedule for the Neighborhood Parkland fees were calculated using costs from 1995. The fees were last adjusted in 2007. This Ordinance increases the CIEF and the Neighborhood Parkland fees by the estimated 2008 increase in the CPI of 3.70%, and the Street Oversizing fees by 6.30%, which reflects the projected increase reported in the Engineering News Record. October 7, 2008 -2- Item No. 8 BACKGROUND In May of 1996,Council adopted Ordinance No. 051, 1996,which established capital improvement expansion fees for Library, Community Parkland, Police, Fire, and General Government services. The purpose of the fees is to have new development pay a proportionate share of the capital improvements and equipment that will be necessary to provide services to the development. The Code provisions approved by the Ordinance provide for the annual adjustment of the fees to keep up with inflation,using the Denver-Boulder(now Denver-Boulder-Greeley)Consumer Price Index. The City has imposed a Parkland fee for neighborhood parks since 1968. In August 1996,Council adopted Ordinance No. 105, 1996,which conformed the Neighborhood Parkland fee to the housing size differentials in the Capital Improvement Expansion fee ordinance,and updated the fee schedule to reflect pre-1996 inflation. The Neighborhood Parkland fees were adjusted for inflation in 1997- 2007,along with the Capital Improvement Expansion fees. Based on the Denver-Boulder-Greeley Consumer Price Index for all urban consumers,the inflation level since the last annual adjustment is an increase of 3.70% for 2008. This Ordinance adjusts the fee schedules in Chapter 7.5 and Chapter 23 of the City Code to account for inflation. In the Ordinance, all amounts for the capital improvement expansion fees have been rounded to the nearest dollar. ORDINANCE NO . 1101 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO INCREASE THE AMOUNTS OF THE CAPITAL IMPROVEMENT EXPANSION FEES CONTAINED IN CHAPTER 7 . 5 OF THE CODE SO AS TO REFLECT INFLATION IN ASSOCIATED COSTS OF SERVICES WHEREAS, the City is a home rule municipality having the full right of self-government in local and municipal matters under the provisions of Article XX, Section 6 of the Colorado Constitution; and WHEREAS , among the home rule powers of the City is the power to regulate, as a matter of purely local concern, the development of real property within the City; and WHEREAS , the City of Fort Collins Comprehensive Plan shows that the rate of future growth and development in Fort Collins will require a substantial expansion in library, community park, police, fire, and general government facilities, and related capital equipment, if its level of service standards for such facilities are to be maintained; and WHEREAS , the City Council has determined that new development should contribute its proportionate share of providing such capital improvements ; and WHEREAS , the City Council has broad legislative discretion in determining the appropriate funding mechanisms for financing the construction of public facilities in the City; and WHEREAS , based on the foregoing, the City Council adopted Ordinance No . 051 , 1996, establishing certain capital improvement expansion fees ; and WHEREAS , City Code Section 7 . 5 - 18 provides for annual fee increases in the capital improvement expansion fees corresponding to the increases in the Denver-Boulder-Greeley Consumer Price Index for all urban consumers ; and WHEREAS , in September 1968 , City Council adopted Ordinance No . 038, 1968 , which established the original Neighborhood Parkland Fee to fund the acquisition and development of parkland, which ordinance has since been amended on several occasions to adjust the fee and to refine related procedures and requirements ; and WHEREAS , with the adoption in August 1993 , of Ordinance No . 082 , 1993 , the City Council directed the City Manager to annually review the Neighborhood Parkland Fee and submit to the Council proposed inflation-related increases based on the Denver-Boulder-Greeley Consumer Price Index; and WHEREAS , the City Code and ordinances of the City authorize the annual adjustment of all Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee, for inflation; and WHEREAS , based on the Bureau of Labor Statistics most recent Denver-Boulder-Greeley Consumer Price Index for all urban consumers, staff anticipates that the Index will reflect an inflation increase of 3 . 70 percent since the last annual adjustment of the fees in 2008 , effective January 1 , 2009 ; and WHEREAS , based on the Engineering News Record, the cost of constructing street improvements has increased 6 . 30 percent since the last adjustment of the Street Oversizing Capital Improvement Expansion fee ; and WHEREAS , additional funds are necessary to recover costs for outparcel right-of-way needed for roadway widenings ; and WHEREAS , for the foregoing reasons , the City Council has determined that it is necessary, in the interests of the protection of the public health, safety and welfare, that the Capital Improvement Expansion Fees, including the Neighborhood Parkland Fee and the Street Oversizing Fee, be increased. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows : Section 1 . That the fee schedule in Section 7 . 5 -27(a) of the Code of the City of Fort Collins, establishing the Library Capital Improvement Expansion Fee, is hereby amended to read as follows : 700 sq. ft and under $ 2$2-00 292 . 00 701 to 12,00 sq. ft. 400 . 00 415 . 00 1 ,201 to 1 ,700 sq. ft. 470 . 00 487 . 00 1 ,701 to 2,200 sq. ft. 540 . 00 560 . 00 2 ,201 sq. ft. and over 658 . 00 682 . 00 Section 2 . That the fee schedule in Section 7 . 5 -28(a) of the Code of the City of Fort Collins, establishing the Community Parkland Capital Improvement Expansion Fee, is hereby amended to read as follows : 700 sq. ft and under $ 940,00 975 . 00 701 to 1 ,200 sq. ft. f 9333 . 00 1 ,382 . 00 1 ,201 to 1 ,700 sq. ft. f � 566:00 1 ,624 . 00 1 ,701 to 2,200 sq. ft. f 980-2 . 00 109 . 00 2 ,201 sq. ft. and over 2 � 192 , 00 2 ,273 . 00 -2- Section 3 . That the fee schedule in Section 7 . 5 -29(a) of the Code of the City of Fort Collins, establishing the Police Capital Improvement Expansion Fee, is hereby amended to read as follows : 700 sq. ft and under $ 69 . 00 72 . 00 701 to 1 ,200 sq. ft. 98 ,00 102 . 00 1 ,201 to 1 ,700 sq. ft. 116.00 120 . 00 1 ,701 to 2 ,200 sq. ft. t34, 00 139 . 00 2,201 sq. ft. and over 163 . 00 169 . 00 Commercial buildings (per 1 ,000 square feet) H4 , 00 149 . 00 Industrial buildings (per 1 ,000 square feet) 39 . 00 40 . 00 Section 4 . That the fee schedule in Section 7 . 5 -30(a) of the Code of the City of Fort Collins, establishing the Fire Protection Capital Improvement Expansion Fee, is hereby amended to read as follows : 700 sq. ft and under $ f$f00 105 . 00 701 to 1 ,200 sq. ft. H4 . 00 149 . 00 1 ,201 to 1 ,700 sq. ft. f6S . 00 174 . 00 1 ,701 to 2 ,200 sq. ft. f 94 . 00 201 . 00 2,201 sq. ft. and over -236. 00 245 . 00 Commercial buildings (per 1 ,000 square feet) 207 , 00 215 . 00 Industrial buildings (per 1 ,000 square feet) 57 . 00 59 . 00 Section 5 . That the fee schedule in Section 7 . 5 -31 (a) of the Code of the City of Fort Collins, establishing the General Government Capital Improvement Expansion Fee, is hereby amended to read as follows : 700 sq. ft and under $ f 28 . 00 133 . 00 701 to 1 ,200 sq. ft. f$f ' 00 188 . 00 1 ,201 to 1 ,700 sq. ft. 23 . 00 22 1 . 00 1 ,701 to 2 ,200 sq. ft. -245 , 00 254 . 00 2,201 sq. ft. and over 298.00 309 . 00 Commercial buildings (per 1 ,000 square feet) 23t,00 240 . 00 Industrial buildings (per 1 ,000 square feet) 64 . 00 66 . 00 -3 - Section 6 . That Section 7 . 5 -71 (b) of the Code of the City of Fort Collins, regarding the Neighborhood Parkland Fee is hereby amended to read as follows : Sec. 7.5-71 . Collection of neighborhood parkland fee. (b) The amount of the fee established in this Section shall be determined for each dwelling unit as follows : 700 sq. ft. and under $ 845 . 00 876 . 00 701 to 1 ,200 sq. ft. H96. 00 1 ,240 . 00 1 ,201 to 1 ,700 sq. ft. f �467 . 00 1 ,459 . 00 1 ,701 to 2 ,200 sq. ft. t6 f 7 . 00 1 ,677 . 00 2,201 sq. ft. and over 00 2 ,042 . 00 Section 7 . That Section 7 . 5 -32 of the Code of the City of Fort Collins, regarding the Street Oversizing Capital Improvement Expansion Fee is hereby amended to read as follows : STREET OVERSIZING CAPITAL EXPANSION FEE SCHEDULE Average Weekday Transportation Vehicle Trips Impact Fee Rate Residential (per housing unit) z 5's4 21694 Per SF Detached 9.55 D.0 MF and Other Housing 6.59 + 7749 19859 per D.0 per Hotel/Motel 8.70 z 399 29454 room Apartment 6. 12 +7624 19726 per D.0 Retirement Community 3 .30 -8� 930 per D.0 Assisted Living 4.52 19275 per D.0 Congregate Care Facility 2. 15 5-79 606 per D.0 Residential Condominium 5 . 86 +75-5�5 19653 per D.0 Duplex 7. 18 +19f� 21025 per D.0 Townhome 5 .86 +75-5-5 19653 per D.0 Mobile Home 4.92 +73-5 19387 per D.0 Non Residential (per 1 ,000 sq. ft.) Comm/Shopping Center 1000K GLA 32.09 4 . % 5 .27 /sq. ft. 500K GLA 38. 65 5-. 9+6.36 /sq. ft. 200K GLA 54. 50 8 .95 /sq. ft. 50K GLA 91 .65 +7-4 10. 35 /sq. ft. Movie Theater 77.79 12 . 03 12.79 /sq. ft. Fitness/Racquet Club 17. 14 2+5 3 .03 /sq. ft. Day Care 79.26 5- 5 5 .47 /sq. ft. Government Office 68 .93 i 1 .46 12. 18 /sq. ft. Post Office 86.78 f4 .43 15 .34 /sq. ft. -4- Building Materials/Lumber 39.71 63 6. 52 /sq. ft. Specialty Retail 40.68 639 6.69 /sq. ft. Discount Club 41 .80 6-46 6. 87 /sq. ft. Nursery(Garden Center) 36.08 6:00 6.38 /sq. ft. Sit Down Restaurant 130.34 f3 . 85 14.72 /sq. ft. Fast Food w/Driveup 496. 12 32 .2 t 34.24 /sq. ft. Car Sales 37. 50 6-.3 6.62 /sq. ft. Service Station 168.56 /pump 10,942. 119632.23 /pump Wholesale Tire Store 20.36 339 3 .60 /sq. ft. Self Service Car Wash 5 .79 /stall 3 �5 . 8H 399.57 /stall Supermarket 111 .51 11 . 85 12. 60 /sq. ft. Convenience Market 737 .99 47.9150.93 /sq. ft. Furniture Store 5 .06 +.-H 1 .39 /sq. ft. Bank 189.95 f f .47 12. 19 /sq. ft. Drive-In Bank 265 .21 f 7.22 18 . 30 /sq. ft. Insurance Building 11 .45 1-.90 2 .02 /sq. ft. Manufacturing 3 . 85 +.-N 1 .06 /sq. ft. Warehousing 4.96 +29 1 .37 /sq. ft. Light Industrial 6.97 +.-H 1 .92 /sq. ft. Mini-Warehouse 2.50 +6-5 0.69 /sq. ft. Business Park 14.37 3�3 3 .96 /sq. ft. General Office 200K GFA 11 . 54 3 -00 3 . 19 /sq. ft. 50K GFA 16.31 4. 51 /sq. ft. IOK GFA 24.39 6-. 33 6.73 /sq. ft. Recreational 3 .64 /ac 945 .22 1 ,004.77 /acre City Park 3 .66 /ac 950 .42 1 ,010.30 /acre Golf Course 5 .04 /ac 1130$ . 7$ 1 ,391 .23 /acre Elementary School 1 .02 /student 264 . 87 281 .56 /student Church/Synagogue 9. 11 2-3-7 2 .52 /sq. ft. Library 54.00 f 4 $2 14.90 /sq. ft. Hospital 16.78 4-36 4.63 /sq. ft. Nursing Home 2.60 /bed 674 .38 716. 87 /bed Medical Clinic 31 .45 *.+7 8 .68 /sq. ft. * Notes : 1 . Rate calculation for each item based on the product of Number of Weekday Trips, Trip Adjustment Factor, and Cost Per Unit of Trip. 2 . Italicized building types indicate that high pass-by trip adjustment factor is used when calculating SOS Rate. - 5 - Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D . 2008 , and to be presented for final passage on the 21 st day of October, A.D. 2008 . Mayor ATTEST : Chief Deputy City Clerk Passed and adopted on final reading on the 21st day of October, A . D . 2008 . Mayor ATTEST : City Clerk - 6 -