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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/18/2006 - FIRST READING OF ORDINANCE NO. 108, 2006, AUTHORIZ ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: July 113, 2006 FORT COLLINS CITY COUNCIL STAFF: Ann Turnquist SUBJECT First Reading of Ordinance No. 108, 2006, Authorizing Amendments to the Intergovernmental Agreements Between the City and Poudre School District and Thompson School District Pertaining to the Land Dedication and In-Lieu Fee Requirements Contained in Such Agreements. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The proposed ordinance will not have a financial impact on the City of Fort Collins because the fees will be collected on behalf of Poudre and Thompson School Districts. Revenues from the fees will pass through City accounts and will not affect City revenue limits under Article X, Section 20. EXECUTIVE SUMMARY Since 1998, the City of Fort Collins has collected a fee-in-lieu of land dedication for both Poudre School District and Thompson School District. These fees allow a residential developer to pay a school site fee to the School Districts rather than to dedicate a parcel of land to the District for development of future schools. The ability of the school districts to require land dedication is provided under State of Colorado Statute. The last time the amount of these fees was adjusted was in 2001. This ordinance will change the amount of the fees for each district and also modifies the fee structure to reduce the cost in payments for larger, multi-family developments. BACKGROUND In April, 1998, the City of Fort Collins and Thompson and Poudre School Districts entered into Intergovernmental Agreements regarding land dedication for new developments, including a provision for fees in lieu of land dedication. This system of land dedication and fees-in-lieu of dedication has been in place for eight years,and is now in need of review. The school districts have asked that the amount of the fees be increased to reflect both the increasing cost of land and revised school site standards. The Districts have also asked to modify the structure of the fees to create fee categories for one to four residential units and five or more residential units. July 18, 2006 -2- Item No. 20 The effect of the proposed change in per dwelling unit costs would be as follows: Poudre School District: Fee per dwelling unit: 1-4 attached dwelling units $1,800 5 or more attached dwelling units $ 900 Thompson School District Fee per dwelling unit: 1-4 attached dwelling units $1,342 5 or more attached dwelling units $ 946 The City's Intergovernmental Agreements with Poudre School District and Thompson School District allow for periodic updates to the fees and land dedication requirements. The agreements also require that the City conduct a public hearing prior to any changes in the fee or land requirement. Each of the school districts has reviewed its methodology for this program and requested that the City Council approve these revisions. ORDINANCE NO. 108, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AMENDMENTS TO THE INTERGOVERNMENTAL AGREEMENTS BETWEEN THE CITY AND POUDRE SCHOOL DISTRICT AND THOMPSON SCHOOL DISTRICT PERTAINING TO THE LAND DEDICATION AND IN-LIEU FEE REQUIREMENTS CONTAINED IN SUCH AGREEMENTS WHEREAS,on April 21, 1998,the City entered into an intergovernmental agreement with the Poudre School District, which agreement provides for the dedication of land by developers in the City to said school district for the construction of new schools needed to offset the impacts of their development, or, in the alternative, for the payment of a fee in-lieu of such dedication; and WHEREAS,on April 21, 1998,the City entered into a similar intergovernmental agreement with the Thompson School District; and WHEREAS,these agreements are collectively referred to below as the"School Agreements;" and WHEREAS,the requirements imposed upon developers pursuant to the School Agreements have been embodied in the Chapter 7.5 of the City Code; and WHEREAS, Section 7.5-48(d)of the City Code states,in essence,that the amount of the in- lieu fee to be paid by developers is to be established by the School Agreements and is to be equal to the fair market value of the property that could otherwise be required to be reserved for future dedication to the school district; and WHEREAS,Section 7.5-51(b)of the City Code calls for review by the City Council,at least every two years,of the land dedication and in-lieu fee schedule requirements attached to the School Agreements as Exhibit "A" (pertaining to school district planning standards) and Exhibit 'B" (methodology for calculating the in-lieu fee); and WHEREAS, Section 1 of each of the School Agreements states that the school planning standards(Exhibit"A")should be reviewed annually by the school district and the City and adjusted by mutual agreement as needed,and paragraph 5(a)of such agreements states that both the standards and methodology are to be updated annually; and WHEREAS,both of the School Agreements, as well as Section 7.5-51(b)of the City Code, require that a public hearing be held by the City before any changes in the amount of the in-lieu fee; and WHEREAS,both the Poudre School District and the Thompson School District have adopted proposed revisions to Exhibits "A" and "B" to their respective agreements with the City and have requested that the City Council approve the same; and WHEREAS,after a public hearing regarding the proposed changes,the City Council believes that the proposed revisions to said Exhibits "A" and 'B" are in the best interests of the City. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the amendments to Exhibits "A" and'B" of the Poudre School District Agreement, as shown on Attachment 1, attached hereto and incorporated herein by this reference, are hereby approved by the City Council. Section 2. That the amendments to Exhibits "A" and "B" of the Thompson School District Agreement, as shown on Attachment 2, attached hereto and incorporated herein by this reference, are hereby approved by the City Council. Section 3. That the Mayor is hereby authorized to execute,on behalf of the City, addenda to the School Agreements reflecting the amendments authorized by this Ordinance. Introduced,considered favorably on first reading,and ordered published this 18th day of July, A.D. 2006, and to be presented for final passage on the 15th day of August, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2006. Mayor ATTEST: City Clerk Exhibit A Poudre School District School District Plannine Standards i. Student Yield Per Dwelling Unit Category A Category B 1 to 4 attached S or more attached dwelling units dwelling units Elementary School 0.35 '/2 Category A Middle School 0.10 /2 Category A High School 0.09 '/2 Category A Total 0.54 students '/2 Category A ii. School Facility Enrollment Capacities Elementary School 525 students Junior High School 750 students High School 1,800 students iii. School Site Acreage Requirements Elementary School 15 acres Middle School 30 acres High School 80 acres iv. Developed Land Value for 20063 $100,000 'Average student yields for elementary,junior high school,and high school based on information collected by Western Demographics,Inc.Includes all residential dwelling types within the School District. 'Based on Poudre School District Site Selection Criteria. 'Average land value based on report prepared by Shannon and Associates dated March 14,2006 Adjustments to occur every 2 years in the even year based on changes to the Larimer County Assessor's"Residential Lot Classification". Exhibit A Thompson School District R2-J Loveland, Colorado School District Planning Standards V. Student Yield Per Dwelling Unitl Category A Category B I to 4 attached 5 or more attached dwelling units dwelling units Elementary School 0.19 0.15 Middle School 0.12 0.07 High School 0.16 0.11 Total 0.47 students 0.33 students vi. School Facility Enrollment Capacities2 Elementary School 550 students Middle School 900 students High School 1,500 students vii. School Site Acreage Requirements' Elementary School 12 acres Middle School 30 acres High School 45 acres viii. Developed Land Value for 20063 $106,325 [Average student yields for elementary,middle school,and high school based on Census 1000 and District's October 1, 1000 enrollment report.Includes all residential dwelling types within the School District. 'Based on Thompson School District Board of Education Policy FBC and Regulation FBC-R. 'Average land value per acre of$38,170 plus raw water requirements and infrastructure costs per acre (utilities stubbed to the site, %:ofstreet development costs for a site, and overlot grading)of$68,155. Details of calculations and sources of base numbers available from the Planning Services office of the District. Annual adjustments to occur based on Dodge Index changes. Exhibit B Poudre School District School District Methodology Based on the School District Planning Standards contained in Exhibit A, calculation of land dedication or in-lieu payments uses the following procedures: 1. The student yield is determined by the number of attached dwelling units. (e.g. Category A, Elementary School = 0.35). 2. The amount of land required per student is calculated by dividing the acreage by the capacity. (e.g. Elementary School = 15 acres/525 students = 0.029). 3. The acreage per dwelling unit is determined by multiplying the student yield by the per student land requirement. (e.g. 0.35 yield x 0.029 acres = 0.010) 4. To convert the land dedication requirement into in-lieu payments, the acreage per dwelling unit is multiplied by the developed land value. (e.g. 0.010 acres x$100,000 = $1,000.00) Summary The total land dedication or in-lieu payment per dwelling unit is: Category A Category B I to 4 attached units 5 or more attached units Land PILOT Land PILO' Elementary School 0.0100 acres $ 1,000 0.005 acres $500 Middle School 0.0040 acres $ 400 0.002 acres $200 High School 0.0040 acres $ 400 0.002 acres $200 Total 0.0180 acres $1,800 0.009 acres $900 To determine the land or in-lieu payments for a proposed residential development, the per dwelling unit totals above would be multiplied by the total number of dwelling units in the development. (e.g. 300 single family units = 0.0180 x 300 = 5.4 acre dedication or $1,800 x 300 = $540,000 PILO) PILO means 'payment-in-lieu-of'land dedication Exhibit B Thompson School District R24 Loveland, Colorado School District Methodology Based on the School District Planning Standards contained in Exhibit A, calculation of land dedication or in-lieu payments uses the following procedures: 5. The student yield is determined by the number of attached dwelling units. (e.g. Category A, middle school = 0.12). 6. The amount of land required per student is calculated by dividing the acreage by the capacity. (e.g. Middle School = 30 acres/900 students = 0.0333). 7. The acreage per dwelling unit is determined by multiplying the student yield by the per student land requirement. (e.g. 0.12 yield x 0.0333 acres = 0.0040) 8. To convert the land dedication requirement into in-lieu payments, the acreage per dwelling unit is multiplied by the developed land value. (e.g. 0.0040 acres x$106,325 = $425.30) Summary The total land dedication or in-lieu payment per dwelling unit is: Category A Category B I to 4 attached units 5 or more attached units Land PILO' Land PILOT Elementary School 0.0042 acres $ 447 0.0033 acres $351 Middle School 0.0040 acres $ 425 0.0023 acres $245 High School 0.0048 acres $ 510 0.0032 acres $350 Total 0.0130 acres $1,382 0.0089 acres $946 To determine the land or in-lieu payments for a proposed residential development, the per dwelling unit totals above would be multiplied by the total number of dwelling units in the development. (e.g. 300 single family units = 0.0130 x 300 = 3.9 acre dedication or $1,382 x 300 = $414,600 PILO) PILO means "payment-in-lieu-of'land dedication