HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/03/2013 - SECOND READING OF ORDINANCE NO. 120, 2013, AMENDINDATE: September 3, 2013
STAFF: Jessica Ping-Small
Mike Beckstead
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 27
SUBJECT
Second Reading of Ordinance No. 120, 2013, Amending the City Code to Adjust the Amounts of the Capital
Improvement Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect Inflation in Associated Costs
of Service.
EXECUTIVE SUMMARY
The purpose of this item is to update the Capital Improvement Expansion fees to include current infrastructure costs
and updated methodology.
Capital Improvement Expansion (CIE) Fees were first implemented in 1996. In 2012, staff initiated a comprehensive
review of the original study. The goal of the review was to ensure that the methodology first implemented was still
applicable and to assess the fee structure to confirm that it was consistent with the current level of service. This
Ordinance was unanimously adopted on First Reading (6-0; Campana recused) on August 20, 2013.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
BACKGROUND / DISCUSSION
During First Reading on August, 20, 2013, City Council requested additional information regarding the impact of the
fee update on the overall project valuation of the sample building permits presented. Included is a table with the
additional information requested:
Permit Comparison Residential or
Commercial
CIE Fees
PROPOSED
%
Change
Total Fees on
Permit
PROPOSED
%
Change
Total
Project
Valuation
w/Updated
Fee*
% Change
Legacy Senior Housing $264K
12%
$776K
4%
$8.3M 0.35%
The Summit Permit 1* $228K
6%
$795K
2%
$5.8M 0.24%
Spine Correction Center
5,500 sq ft.
$7K 85% $115K 3% $543K 0.55%
Cargill Greenhouse
13,700 sq ft.
$16K 85% $115K 7% $1.1M 0.70%
*Valuation reported on building permit application
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - August 20, 2013
(w/o attachments)
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ATTACHMENT 1
DATE: August 20, 2013
STAFF: Jessica Ping-Small
Mike Beckstead
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 34
SUBJECT
First Reading of Ordinance No. 120, 2013, Amending the City Code to Adjust the Amounts of the Capital Improvement
Expansion Fees Contained in Chapter 7.5 of the City Code so as to Reflect Inflation in Associated Costs of Service.
EXECUTIVE SUMMARY
The purpose of this item is to update the Capital Improvement Expansion fees to include current
infrastructure costs and updated methodology.
Capital Improvement Expansion (CIE) Fees were first implemented in 1996. In 2012, staff initiated a comprehensive
review of the original study. The goal of the review was to ensure that the methodology first implemented was still
applicable and to assess the fee structure to confirm that it was consistent with the current level of service.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. Staff is recommending a 100% implementation of the
CIE fees imposed on residential development and a phased implementation of the fees imposed on commercial and
industrial development. This recommendation balances the City’s current infrastructure needs against the financial
impact that the updated fees may have on the fee payers.
The net increase of the residential fee categories combined is 4% which does not create an unreasonable impact on
residential developers. In addition, to remain revenue neutral, less than a 95% adoption of the updated fee structure
would result in a revenue decline. For these reasons staff recommends the 100% implementation for the residential
fees.
Staff is recommending a phased approach to the commercial/industrial fees of 60/80/100. The phased approach
mitigates the magnitude of the fee adjustment to commercial and industrial developers. Staff recommends that City
Council adopt 60% of the new fee structure now, 80% effective January 1, 2015 and 100% effective January 1, 2016.
This approach reduces the impact of the update on the building community while allowing the City to remain revenue
neutral for 2013 and 2014. Anything less than a 55% adoption of the new fee structure will result in a revenue decline.
In addition, staff is recommending that a 3-5 year comprehensive review of the CIE fees be included in the Code.
BACKGROUND / DISCUSSION
Capital Improvement Expansion (CIE) fees are used to require new developments to pay a proportionate share of
infrastructure costs. The City’s Capital Improvement Expansion fees were originally prepared and adopted in 1996.
The fees included in the study are:
• Neighborhood Parks (Residential permits only)
• Community Parks (Residential permits only)
• Fire
• Police
• General Government
Capital Improvement Expansion fees are based on factors including the value of the current infrastructure, not future
build costs. The revenue generated from the fees, however, is used to fund infrastructure in the future to service new
development. It’s often referred to as a “buy in” method.
Although the fees have been updated annually for inflation according to the Denver-Boulder-Greeley Consumer Price
Index, there has not been a comprehensive review of the study since implementation. However, based on the outcome
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August 20, 2013 -2- ITEM 34
of the fee study, the inflationary updates have been fairly accurate. The update to CIE fees has been on the Council
work plan for the past two years. Due to staff turnover, the project was delayed until the fall of 2012.
Staff worked with the Duncan Associates, a nationally known firm that specializes in impact fees, to review the
methodology and update the fees. The outcome of the study retains the basic methodology of incremental expansion
(the buy in method) but recommends changes to some of the inputs. Fire, Police and General Government retain the
use of functional population which is the number of people present at a land use. The fees have all been updated
based on current Level of Service (LOS) which factors in current capital asset replacement costs for all fees.
Updated Fee Structure – What’s driving the change in fees?
• Updated household data which resulted in a shift in population per dwelling unit or fewer people in larger units
and more people in smaller units than the previous study is driving the changes to parks fees
• Current level of service has increased based on updated infrastructure or asset information which is driving
the change to Police, Fire and General Government fees
• A correction to the original formula for General Government commercial and industrial fees.
Fee Table
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Key Updates from 1996 Study
• Neighborhood Parks and Community Parks:
N Park infrastructure was updated to include current asset total. Significant additions include Spring Canyon,
Fossil Creek and numerous neighborhood parks.
N A more reliable data source was selected to determine the population per dwelling unit.
N The current data shows less variation between the number of residents in smaller and larger units than
the previous study. Fewer people are living in larger units and more people are living in smaller units which
is causing the fees for smaller units to increase more or decline less and the fees for larger units to
decline.
N The combined fees are decreasing an average of 7%.
• Fire:
N Asset information updated to current. A key addition since 1996 is Station #4.
N Credit is given in the fee calculation for the debt on Station #4.
N Fees are increasing proportionately due to infrastructure growth.
• Police
N Asset information updated to current. The Police Services Building on Timberline is the major addition to
the infrastructure.
N The fee assumes 25% in excess capacity at the Timberline facility which is calculated into the fee as a
credit.
N Fees are increasing an average of 39% for residential and decreasing an average of 10% for commercial
industrial.
• General Government:
N Facility assets updated to include 215 North Mason.
N Streets facilities and capital included as part of fee calculation which is a change from the 1996 study.
N Formula correction to original study for commercial and industrial fees which is driving a portion of the
increase. Update to asset information is driving the additional increase.
In addition to the updates to current LOS, the study also suggests another option for calculating residential fees. The
current residential fees are assessed by square footage of unit. Another option would be to assess residential fees
based on a single family or multifamily classification. Information regarding this option is included in the draft study.
Staff is recommending that City Council proceed with the current approach in which residential fees are based on
dwelling unit size. Staff makes this recommendation for the following reasons:
• A single family/multifamily fee structure provides advantage to multifamily developers because the fee would
be based on the lowest of the current fee options regardless of unit size.
• The single family/multifamily option equates to a disadvantage to single family developers because they would
generally be paying a higher fee regardless of unit size.
• The single family/multifamily option would generate significantly less revenue annually with estimates in the
$300K range.
Current Fund Balance Information
1. Neighborhood Parkland Fees: Expenditures shall be made for approved purposes for the acquisition,
development and administration of neighborhood parks, including purchases of new or replacement park site
equipment and plantings.
• Fund Balance as of 12/31/2012: $5,127,970
• Offers Funded in 2013 Budget: $750,000
• Offers Funded in 2014 Budget: $1,050,000
2. Community Parkland Fees: Expenditures shall be made for the acquisition, construction and development of
capital improvements related to the provision of community parklands.
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August 20, 2013 -4- ITEM 34
• Fund Balance as of 12/31/2012: $9,156,115
• Offers Funded in the 2013 Budget: $1,270,000
3. Fire Protection Capital Improvement Expansion Fees: Expenditures shall be made for the acquisition,
construction and development of capital improvements related to the provision of fire protection services to
City residents, as described in the capital improvements plan for fire protection.
• Fund Balance as of 12/31/2012: $262,255. The balance is being used by PFA to pay debt service on
Station #4.
4. Police Capital Expansion Fees: Expenditures shall be made for the acquisition, construction and development
of capital improvements related to the provision of police services as described in the capital improvements
plan for police services.
• Fund Balance as of 12/31/2012: $1,008,220. The balance is being used to pay debt service on new Police
Facility.
5. General Government Capital Expansion Fees: Expenditures shall be made for the purpose of funding capital
improvements related to the provision of general governmental services.
• Fund Balance as of 12/31/2012: $6,159,361 of which $4,834,743 has been loaned to the URA for North
College Marketplace and JAX, leaving only $1,324,618 in liquid investments, it was not anticipated this
money would be needed before the loan will be repaid.
FINANCIAL / ECONOMIC IMPACTS
The revenue impact of implementing the residential fees at 100% is dependent on the size of units being built in the
future. If the majority of permits are for smaller units which occurred in 2012, then the revenue growth is estimated
at 4% or $150k annually; however if permits lean towards larger units than the revenue is estimated to be relatively
flat. Generally, Community Parks will see a revenue decline due to the fee update, whereas the Neighborhood Parks,
Fire, Police and General Government will experience moderate revenue growth.
For the commercial/industrial fees the revenue impact is as follows based on the 10 year permit average:
• Phase 1 – 60%: $10k remainder of 2013 through 2014
• Phase 2 – 80%: $130k annually
• Phase 2 – 100%: $240k annually
BOARD / COMMISSION RECOMMENDATION
The Affordable Housing Board discussed the item at their February 7, 2013 meeting. The board did not make a formal
motion on the topic but expressed general concern regarding the effect on affordable housing. Staff Note: The Code
does allow for waiver of CIE fees for Housing Authority Projects and deferral of CIE fees for affordable housing
projects (Attachments 2 and 3).
The Economic Advisory Commission unanimously (6-0) recommended adopting the updated fee schedule during its
February 20, 2013 meeting (Attachment 4).
The Building Review Board voted to support the increased impact fees without the trail portion. The motion failed with
a 3-3 vote (Attachments 5 and 6).
The Parks and Recreation Board discussed the time at their May 22, 2013 meeting. The board did not make a formal
motion on the topic but expressed support regarding the parks portion of the fee update (Attachment 7).
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PUBLIC OUTREACH
Staff began the public outreach process in January of 2013. Staff specifically worked with the following stakeholders
through multiple meetings and presentations from January 2013- August 2013.
• Board of Realtors
• Homebuilders Association
• Chamber of Commerce (Attachment 8)
The goal of the outreach was to ensure stakeholders fully understood the methodology and trusted in the integrity of
the data. Staff was overall successful in gaining support for the data integrity and methodology; however, support for
the fee update was mixed. The high level concerns surround:
• Fees increasing more for smaller units than larger units which creates burden on affordable housing and
responsible growth
• Business community concern for spike in Commercial/Industrial fees.
ATTACHMENTS
1. Draft Fee Study
2. Affordable Housing Board – Memo from the Board Chair
3. Affordable Housing Board – February 7, 2013 Meeting Minutes
4. Economic Advisory Commission - February 20, 2013 Meeting Minutes
5. Building Review Board - February 28, 2013 Meeting Minutes
6. Building Review Board – April 25, 2013 Meeting Minutes
7. Parks and Recreation Board – Email from Bruce Henderson
8. Chamber of Commerce – Letter from David May
9. Power Point presentation
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ORDINANCE NO. 120, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO ADJUST THE
AMOUNTS OF THE CAPITAL IMPROVEMENT EXPANSION FEES
CONTAINED IN CHAPTER 7.5 OF THE CITY 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, including the power to regulate, as a matter of purely local concern, the
development of real property within the City; and
WHEREAS, City Plan, the City’s comprehensive plan, shows that the rate of future
growth and development in Fort Collins will require a substantial expansion in 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 to be collected at the time of building
permit issuance and Ordinance No. 121, 2012, adjusting those fees for inflation since their
adoption; and
WHEREAS, capital improvement expansion (CIE) fees are calculated based on factors
including the value of current infrastructure, and fee revenues are applied to fund municipal
infrastructure required to serve new development; and
WHEREAS, City Code Section 7.5-18 provides for annual fee increases in the CIE 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, the City Code calls for the annual adjustment of all CIE fees, including the
Neighborhood Parkland Fee, for inflation; and
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WHEREAS, based on the Bureau of Labor Statistic’s latest Denver-Boulder-Greeley
Consumer Price index for urban consumers, as well as the results of an independent study
conducted for the City by Duncan and Associates, a consulting firm retained by the City to
review the methodologies used by the City to formulate its impact fees, City staff has
recommended that certain adjustments be made to the amounts of the CIE fees, including the
Neighborhood Parkland Fee, which adjustments would reflect the effects of inflation and ensure
that the CIE fees are fairly apportioned among the developers who pay the fees; and
WHEREAS, in balancing the City’s current infrastructure needs against the financial
impact that certain fee adjustments may have upon those paying the fees, the City Council has
determined that, while the fees imposed upon residential developers can be immediately adjusted
without having an inordinate impact upon residential developers, the adjustments to the fees
imposed upon commercial and industrial developers should be made over time because of the
magnitude of the proposed adjustments to those fees and the financial impact that such
adjustments may have upon commercial and industrial developers; and
WHEREAS, for that reason, City staff has recommended, and the City Council agrees,
that 60% percent of the adjustment to the fees to be imposed upon commercial and industrial
developers should take effect immediately, 80% should take effect on January 1, 2015, and
100% should take effect on January 1, 2016; and
WHEREAS, City staff has also recommended, and the City Council agrees, that the
methodologies used to set each fee should be periodically reviewed and compared to the City’s
actual infrastructure costs, so as to ensure that the fees remain fixed at a level commensurate
with the impacts of development and the infrastructure needs of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS AS FOLLOWS:
Section 1. That Section 7.5-18 of the Code of the City of Fort Collins is hereby
amended to read as follows:
For each category of capital improvements for which a capital improvement expansion fee is
established under the provisions of this Article, the amount of each such capital improvement
expansion fee shall be determined on a per dwelling unit basis according to the gross floor
area of each such dwelling unit (in the case of residential development) or on the basis of
each square foot of new construction (in the case of commercial or industrial development).
The amount of each fee will be increased or decreased annually according to the Denver-
Boulder Consumer Price Index for Urban Consumers, as published by the Bureau of Labor
Statistics. In addition, the methodologies used to set each fee shall be reviewed and
compared to the City’s actual infrastructure costs at least once every five (5) years, and
adjustments made in accordance with such review and with the provisions of Sec. 7.5-16 of
this Code.
Section2. That the fee schedule in Section 7.5-28(a) of the Code of the City of Fort
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Collins, establishing the Community Parkland Capital Improvement Expansion Fee, is hereby
amended to read as follows:
700 sq. ft. and under $ 1,001.00
701 to 1,200 sq. ft. 1,285.00
1,201 to 1,700 sq. ft. 1,419.00
1,701 to 2,200 sq. ft. 1,479.00
2,201 sq. ft. and over 1,584.00
Section3. 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 $ 128.00
701 to 1,200 sq. ft. 162.00
1,201 to 1,700 sq. ft. 180.00
1,701 to 2,200 sq. ft. 187.00
2,201 sq. ft. and over 200.00
Commercial buildings (per 1,000 square feet) 154.00
Industrial buildings (per 1,000 square feet) 37.00
Section4. That Section 7.5-29 of the Code of the City of Fort Collins, establishing
the Police Capital Improvement Expansion Fee, shall be amended by the adoption of a new
subsection (c) to read as follows:
(c) The fees collected under this Section for commercial and industrial buildings
between October 3, 2013 and December 31, 2014 shall be 60% of the amount shown in
subsection (a); those collected between January 1, 2015 and December 31, 2015 shall be
80% of the amount show in subsection (a); thereafter, the full amount shown in
subsection (a) shall be collected.
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Section5. 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 $255.00
701 to 1,200 sq. ft. 324.00
1,201 to 1,700 sq. ft. 359.00
1,701 to 2,200 sq. ft. 373.00
2,201 sq. ft. and over 400.00
Commercial buildings (per 1,000 square feet) 308.00
Industrial buildings (per 1,000 square feet) 73.00
Section6. That Section 7.5-30 of the Code of the City of Fort Collins, establishing
the Fire Protection Capital Improvement Expansion Fee, shall be amended by the adoption of a
new subsection (c) to read as follows:
(c) The fees collected under this Section for commercial and industrial buildings
between October 3, 2013 and December 31, 2014 shall be 60% of the amount shown in
subsection (a); those collected between January 1, 2015 and December 31, 2015 shall be
80% of the amount show in subsection (a); thereafter, the full amount shown in
subsection (a) shall be collected.
Section7. 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 $300
701 to 1,200 sq. ft. 384.00
1,201 to 1,700 sq. ft. 423.00
1,701 to 2,200 sq. ft. 443.00
2,201 sq. ft. and over 475.00
Commercial buildings (per 1,000 square feet) 730.00
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Industrial buildings (per 1,000 square feet) 171.00
Section 8. That Section 7.5-31 of the Code of the City of Fort Collins, establishing
the General Government Capital Improvement Expansion Fee, shall be amended by the adoption
of a new subsection (c) to read as follows:
(c) The fees collected under this Section for commercial and industrial buildings
between October 3, 2013 and December 31, 2014 shall be 60% of the amount shown in
subsection (a); those collected between January 1, 2015 and December 31, 2015 shall be
80% of the amount show in subsection (a); thereafter, the full amount shown in
subsection (a) shall be collected.
Section9. That the fee schedule in Section 7.5-71(b) of the Code of the City of Fort
Collins, establishing the Neighborhood Parkland Fee, is hereby amended to read as follows:
700 sq. ft. and under $1,181.00
701 to 1,200 sq. ft. 1,515.00
1,201 to 1,700 sq. ft. 1,674.00
1,701 to 2,200 sq. ft. 1,744.00
2,201 sq. ft. and over 1,868.00
Section 10. That Section 7.5-71 of the Code of the City of Fort Collins, describing
collection of the neighborhood parkland fee, is hereby amended by the adoption of a new
subsection (e) which reads in its entirety as follows:
(e) The methodologies used to set the fees applicable to parklands shall be reviewed
and compared to the City’s actual infrastructure costs at least once every five (5) years,
and adjustments made in accordance with such review and with the provisions of Sec.
7.5-16 of this Code.
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Introduced, considered favorably on first reading, and ordered published this 20th day of
August, A.D. 2013, and to be presented for final passage on the 3rd day of September, A.D.
2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 3rd day of September, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk