HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/06/2016 - ITEMS RELATING TO CAPITAL IMPROVEMENT EXPANSION FEAgenda Item 6
Item # 6 Page 1
AGENDA ITEM SUMMARY December 6, 2016
City Council
STAFF
Tiana Smith, Revenue and Project Manager
SUBJECT
Items Relating to Capital Improvement Expansion Fees.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 132, 2016, Amending the Code of the City of Fort Collins to Increase the
Amounts of Capital Improvement Expansion Fees Contained in Chapter 7.5 of the City Code so as to
Reflect Inflation in Associated Costs of Services.
B. First Reading of Ordinance No. 137, 2016, Amending Section 7.5-18 of the Code of the City of Fort Collins
to Provide that the Street Oversizing Capital Improvement Expansion Fee will be Increased or Decreased
Annually Based on the Engineering News Denver Regional Construction Cost Index Instead of the Denver-
Boulder Consumer Price Index for Urban Consumers.
The purpose of this item is to update City Code Chapter 7.5 related to the annual inflation increases in the
capital improvement expansion fees and the Neighborhood Parkland Fee established in Chapter 7.5. In
Ordinance No. 132, 2016, the Community Parkland, Police, Fire Protection, and General Government capital
improvement expansion fees and the Neighborhood Parkland Fee are being revised to reflect a 3.0% increase
based on the change in the Denver-Boulder-Greeley Consumer Price Index (CPI) since the last adjustment.
The Street Oversizing Capital Improvement Expansion Fee, however, is only being increased by 1.3% to
reflect the change in the Engineering News Record Denver Regional Construction Cost Index (ENR) since the
last adjustment of this fee. In Ordinance No. 137, 2016, Code Section 7.5-18 is being amended to reflect the
City Council’s past practice and intended future practice of basing the annual increases or decreases in the
Street Oversizing Capital Improvement Expansion Fee on the ENR instead of the CPI, since the ENR is a
better measure than the CPI of the changes in costs to construct street improvements in the City.
STAFF RECOMMENDATION
Staff recommends adoption of both Ordinances on First Reading.
BACKGROUND / DISCUSSION
Ordinance No. 132, 2016
In Article II of City Code Chapter 7.5, the City has established capital improvement expansion fees for
Community Parkland, Police, Fire Protection, General Government and Streets. The purpose for these fees is
to have new development pay a proportionate share of the capital improvements and related capital equipment
costs that will be necessary to provide these services to new development. Code Section 7.5-18 provides that
these fees are to be adjusted annually to reflect the increases and decreases in the CPI.
The City also imposes in Article V of Chapter 7.5 a Neighborhood Parkland Fee. The Neighborhood Parkland
Fee has been adjusted for inflation in 1997-2007, along with the capital improvement expansion fees.
Agenda Item 6
Item # 6 Page 2
In 2013, Council adopted Ordinance No. 120, 2013, which updated the residential and commercial fees to the
current levels of service. The residential fees were implemented at 100% effective October 3, 2013, and the
commercial fees were implemented in a phased approach at 60% in October 2013, 80% in 2015 and 100% in
2016.
Based on the CPI, the inflation level since the last annual adjustment in these development fees is an increase
of 3.0% for 2017. Ordinance No. 132, 2016, adjusts the fee schedules set out in Chapter 7.5, based on this
CPI increase, for the Neighborhood Parkland Fee and for all of the capital improvement expansion fees, but
not the Street Oversizing Capital Improvement Expansion Fee.
The Ordinance increases the Street Oversizing Capital Improvement Expansion Fee by only 1.3%, which
reflects the increase in the ENR since the last adjustment of this fee. The Council has historically, on City
staff’s recommendation, used the ENR rather than the CPI in making annual changes in the Street Oversizing
Capital Improvement Expansion Fee because the ENR is a better measure than the CPI in reflecting changes
in the costs to construct street improvements in the City.
All of the revised fee amounts in Ordinance No. 132, 2016, have been rounded to the nearest dollar.
Ordinance No. 137, 2016
This Ordinance amends Code Section 7.5-18 to provide that the Street Oversizing Capital Improvement
Expansion Fee is to be annually revised by Council based on changes in the ENR and not on changes in the
CPI. Staff believes that in the past the ENR has been and in the future will be a better measure than the CPI
in reflecting the increases and decreases in the costs to construct street improvements in the City. Therefore,
staff recommends that Section 7.5-18 be amended to clarify that this will be the future practice for the Street
Oversizing Capital Improvement Expansion Fee.
2017 Update to Capital Improvement Expansion Fees
When Finance undertook its effort in 2013 to update the residential and commercial fees to the current levels
of service, staff agreed to re-evaluate the capital improvement expansion fees on a 3-5 year cycle. In 2016, a
consultant was hired to conduct a study to update the capital improvement expansion fees for the next 3 year
cycle. An extensive outreach effort integrating the Transportation Capital Expansion Fee (for now known as
the Street Oversizing Capital Improvement Expansion Fee) has been underway since August, with two
presentations to Council Finance as well as various boards and commissions and other interested stakeholder
groups. Council and Executive Leadership have asked that staff delay presentation of the updated fee
recommendations until first quarter of 2017 while staff undertakes a comprehensive effort to coordinate all of
the City’s external fees.
CITY FINANCIAL IMPACTS
2017 Capital Improvement Expansion Fees Table
N'hood Comm. Gen.
Land Use Type Unit Park Park Fire Police Gov't Total
Updated Fees
Resid., up to 700 sf Dwelling $1,300 $1,102 $281 $141 $330 $3,153 $92 3%
Resid., 701-1,200 sf Dwelling $1,667 $1,414 $357 $178 $423 $4,039 $118 3%
Resid., 1,201-1,700 sf Dwelling $1,842 $1,562 $395 $198 $465 $4,462 $130 3%
Resid., 1,701-2,200 sf Dwelling $1,919 $1,628 $410 $206 $487 $4,650 $135 3%
Resid., over 2,200 sf Dwelling $2,056 $1,743 $440 $220 $523 $4,982 $145 3%
Commercial 100% 1,000 sf $0 $0 $339 $169 $803 $1,312 $38 3%
Industrial 100% 1,000 sf $0 $0 $80 $41 $188 $309 $9 3%
Change in
Dollars
Percent
Change
2017 Updated CIE Fees
With an increase of 3% in CPI, the fees will result in an increase ranging from $9 to $145.
Agenda Item 6
Item # 6 Page 3
BOARD / COMMISSION RECOMMENDATION
Extensive outreach was conducted with the Economic Advisory Commission, Parks and Recreation Board and
the Affordable House Board on the 2016 Capital Improvement Expansion Fee Study recommendations, along
with a follow-up email communication regarding the delay. The email communication also contained an
update that staff would increase the capital improvement expansion fees based on inflation indices for 2017.
PUBLIC OUTREACH
Extensive outreach was conducted with other public stakeholders listed below on the Capital Improvement
Expansion Fee Study recommendations, along with email communication regarding the delay. The email
communication also contained an update that staff would increase the capital improvement expansion fees
based on inflation indices for 2017.
Staff reached out to:
Home Builder's Association
Chamber of Commerce Local Legislative Affairs Committee
Affordable Housing Board
Housing Catalyst
Northern Colorado Homebuilder's Association
Board of Realtors
Downtown Development Authority
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ORDINANCE NO. 132, 2016
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 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; and
WHEREAS, among the home rule powers and authority is the power to regulate, as a
matter of purely local concern, the development of real property within the City and the authority
to fund and construct, as matters of purely local concern, public improvements; and
WHEREAS, 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,
general government facilities and streets, 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 has previously enacted Article II of
City Code Chapter 7.5 adopting the Community Parkland, Police, Fire Protection, General
Government and Street Oversizing Capital Improvement Expansion Fees (collectively, the
“Capital Improvement Expansion Fees”); and
WHEREAS, City Code Section 7.5-18 provides for annual adjustment in all Capital
Improvement Expansion Fees for inflation, corresponding to the increases reflected in the
Denver-Boulder Consumer Price Index for Urban Consumers, now known as the Denver-
Boulder-Greeley Consumer Price Index for Urban Consumers (the “CPI”); and
WHEREAS, in September 1968, the 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, including the codification of the
provisions related to the Neighborhood Parkland Fee in Article V of City Code Chapter 7.5; 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 CPI; and
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WHEREAS, based on the Bureau of Labor Statistics’ most recent CPI, staff anticipates
the CPI will reflect an inflation increase of 3.0 percent since the last annual adjustment, effective
January 1, 2017; and
WHEREAS, the City has historically used the Engineering News Record (“ENR”),
instead of the CPI, as a reference to determine whether the Street Oversizing Capital
Improvement Expansion Fee should be increased to account for rising construction costs; and
WHEREAS, based on the ENR, the cost of constructing street improvements has changed
1.3% since the last adjustment of the Street Oversizing Capital Improvement Expansion Fee; 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 and the Neighborhood Parkland Fee be increased to reflect
inflation as determined by the CPI, but not including the Street Oversizing Capital Improvement
Expansion Fee, which shall be increased to reflect inflation as determined by the ENR.
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, effective January 1, 2017, 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 $1,069.00 1,102.00
701 to 1,200 sq. ft. 1,373.00 1,414.00
1,201 to 1,700 sq. ft. 1,516.00 1,562.00
1,701 to 2,200 sq. ft. 1,580.00 1,628.00
2,201 sq. ft. and over 1,692.00 1,743.00
Section 3. That effective January 1, 2017, 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 $ 137.00 141.00
701 to 1,200 sq. ft. 173.00 178.00
1,201 to 1,700 sq. ft. 192.00 198.00
1,701 to 2,200 sq. ft. 200.00 206.00
2,201 sq. ft. and over 214.00 220.00
Commercial buildings
(per 1,000 sq ft.)
165.00 169.00
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Industrial buildings
(per 1,000 sq. ft.)
40.00 41.00
Section 4. That effective January 1, 2017, 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 $272.00 281.00
701 to 1,200 sq. ft. 346.00 357.00
1,201 to 1,700 sq. ft. 384.00 395.00
1,701 to 2,200 sq. ft. 399.00 410.00
2,201 sq. ft. and over 427.00 440.00
Commercial buildings
(per 1,000 sq ft.)
329.00 339.00
Industrial buildings
(per 1,000 sq. ft.)
78.00 80.00
Section 5. That effective January 1, 2017, 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 $321.00 330.00
701 to 1,200 sq. ft. 410.00 423.00
1,201 to 1,700 sq. ft. 452.00 465.00
1,701 to 2,200 sq. ft. 473.00 487.00
2,201 sq. ft. and over 507.00 523.00
Commercial buildings
(per 1,000 sq ft.)
780.00 803.00
Industrial buildings
(per 1,000 sq. ft.)
183.00 188.00
Section 6. That effective January 1, 2017, 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 $1,262.00 1300.00
701 to 1,200 sq. ft. 1,619.00 1667.00
1,201 to 1,700 sq. ft. 1,788.00 1842.00
1,701 to 2,200 sq. ft. 1,863.00 1919.00
2,201 sq. ft. and over 1,996.00 2056.00
Section 7. That effective January 1, 2017, the fee schedule in Section 7.5-32 of the
Code of the City of Fort Collins, regarding Street Oversizing Capital Improvement Fee is hereby
amended to read as follows:
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Average Weekday
Vehicle Trips
Transportation Impact Fee
Rate
Residential Per Housing Unit
SF Detached 9.57 $3,1123,152 per D.U.
MF and Other Housing 6.59 $2,1432,171 per D.U.
Hotel/Motel 9.02 $2,9312,969 per D.U.
Apartment 6.65 $2,1622,190 per D.U.
Retirement Community 2.81 $914926 per D.U.
Assisted Living 4.52 $1,4701,489 per D.U.
Congregate Care Facility 2.02 $657665 per D.U.
Residential Condominium 5.81 $1,8891,914 per D.U.
Duplex 7.18 $2,3352,365 per D.U.
Townhome 5.86 $1,9051,930 per D.U.
Mobile Home 4.99 $1,6231,644 per D.U.
Non Residential Per 1,000 Sq.Ft.
Comm/Shopping Center
1000K GLA 32.09 $6.086.16/sq. ft.
500K GLA 38.65 $7.327.41/sq. ft.
200K GLA 54.50 $10.3210.45/sq. ft.
50K GLA 91.65 $11.9312.09/sq. ft.
Movie Theater 78.06 $14.7814.97/sq. ft.
Fitness/Racquet Club 14.03 $2.862.89/sq. ft.
Day Care 79.26 $6.306.39sq. ft.
Government Office 68.93 $14.0414.22/sq. ft.
Building Materials/Lumber 45.16 $8.558.66/sq. ft.
Specialty Retail 44.32 $8.398.50/sq. ft.
Discount Superstore 53.15 $10.0610.20/sq. ft.
Nursery(Garden Center) 36.08 $7.357.44/sq. ft.
Sit Down Restaurant 127.15 $16.5516.77/sq. ft.
Fast Food Restaurant w/ Driveup 496.12 $39.4639.97sq. ft.
Car Sales 33.34 $6.796.88/sq. ft.
Service Station 168.56 /pump $13,407.1713,581.46/pump
Wholesale Tire Store 20.36 $4.154.20/sq. ft
Self Service Car Wash 5.79 $460.53466.52/stall
Supermarket 102.24/stall $13.3113.48/sq. ft.
Convenience Market w/Gas 542.60 $43.1643.72/sq. ft.
Pharmacy/Drugstore 88.16 $7.017.10/sq. ft.
Furniture Store 5.06 $1.611.63/sq. ft.
Bank 80.87 $5.986.06/sq. ft.
Drive-In Bank 148.15 $11.7811.94/sq. ft.
Insurance Building 11.45 $2.332.36/sq. ft.
Manufacturing 3.82 $1.221.23/sq. ft.
Warehousing 3.56 $1.131.15/sq. ft.
Light Industrial 6.97 $2.222.25/sq. ft.
Mini-Warehouse 2.50 $0.800.81/sq. ft.
Business Park 12.76 $4.064.11/sq. ft.
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General Office
200K GFA 11.54 $3.673.72/sq. ft.
50K GFA 16.31 $5.195.26/sq. ft.
10K GFA 24.39 $7.767.86/sq. ft.
Recreational 3.64/ac $1,158.091,173.15/acre
City Park 3.66/ac $1,164.461,179.60/acre
Golf Course 5.04/ac $1,603.521,624.36/acre
Elementary School 1.29/student $410.42415.76/student
Private School (K-8) 2.48/student $789.03799.29/student
Church/Synagogue 9.11 $2.902.94/sq. ft.
Library 56.24 $4.474.53/sq. ft.
Hospital 16.50 $5.255.32/sq. ft.
Nursing Home 2.37/bed $754.03763.84/bed
Medical Clinic 31.45 $10.0110.14/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 tTrip aAdjustment fFactor is used when calculating SOS
Rate.
3. As used in Notes 1 and 2 above, the “Trip Adjustment Factor” shall mean the applicable trip adjustment
factor as set in the City’s most recent Street Oversizing Impact Fee Study.
Introduced, considered favorably on first reading, and ordered published this 6th day of
December, A.D. 2016, and to be presented for final passage on the 20th day of December, A.D.
2016.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of December, A.D. 2016.
Mayor
ATTEST:
City Clerk
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ORDINANCE NO. 137, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 7.5-18 OF THE CODE OF THE CITY OF FORT COLLINS TO
PROVIDE THAT THE STREET OVERSIZING CAPITAL IMPROVEMENT EXPANSION
FEE WILL BE INCREASED OR DECREASED ANNUALLY BASED ON THE
ENGINEERING NEWS DENVER REGIONAL CONSTRUCTION COST INDEX AND NOT
ON THE DENVER-BOULDER CONSUMER PRICE INDEX FOR URBAN CONSUMERS
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 and authority is the power to regulate, as a
matter of purely local concern, the development of real property within the City and the authority
to fund and construct, as matters of purely local concern, public improvements; and
WHEREAS, 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,
general government facilities and streets, 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 has previously enacted Article II of
City Code Chapter 7.5 adopting the Community Parkland, Police, Fire Protection, General
Government and Street Oversizing Capital Improvement Expansion Fees (collectively, the
“Capital Improvement Expansion Fees”); and
WHEREAS, City Code Section 7.5-18 provides for the annual adjustment in all Capital
Improvement Expansion Fees for inflation, corresponding to the increases reflected in the
Denver-Boulder Consumer Price Index for Urban Consumers, now known as the Denver-
Boulder-Greeley Consumer Price Index for Urban Consumers (the “CPI”); and
WHEREAS, while Section 7.5-18 provides that the Street Oversizing Capital
Improvement Expansion Fee is to be increased or decreased annually pursuant to the CPI, the
Council City has historically, upon City staff’s recommendation, used instead the Engineering
News Record Denver Regional Construction Cost Index (“ENR”) as the inflation index when
approving the annual increases or decreases to the Street Oversizing Capital Improvement
Expansion Fee; and
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WHEREAS, City staff has in the past recommended and continues to recommend the use
of the ENR rather than the CPI for such increases or decreases in the Street Oversizing Capital
Improvement Expansion Fee because the ENR is a more accurate measure of the annual changes
in costs for the construction of street improvements within the City than is the CPI; and
WHEREAS, for the foregoing reasons, the City Council has determined that Section 7.5-
18 should be amended to reflect the Council’s past practice of using the ENR instead of the CPI
to determine the annual increase or decrease of the Street Oversizing Capital Improvement
Expansion Fee.
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 definition of “dwelling unit” contained in Section 7.5-17 is
hereby amended to read as follows:
Dwelling unit (D.U.) shall mean one (1) or more rooms and a single kitchen and at least
one (1) bathroom designed to occupy or intended for occupancy as separate quarters for
the exclusive use of a single family for living, cooking and sanitary purposes, located in a
single-family, two-family or multi-family dwelling or mixed use building.
Section 3. That Section 7.5-18 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-18. - Calculation of capital improvement expansion fees.
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, except for the street oversizing capital
improvement expansion fee established in code section 7.5-32, 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. The amount of the street
oversizing capital improvement expansion fee will be increased or decreased annually
according to the Engineering News Record Denver Regional Construction Cost Index. 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 § 7.5-16 of this Code.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
December, A.D. 2016, and to be presented for final passage on the 20th day of December, A.D.
2016.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 20th day of December, A.D. 2016.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk