HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/16/2017 - ITEMS RELATING TO CAPITAL EXPANSION FEES AND THE EAgenda Item 14
Item # 14 Page 1
AGENDA ITEM SUMMARY May 16, 2017
City Council
STAFF
Tiana Smith, Revenue and Project Manager
SUBJECT
Items Relating to Capital Expansion Fees and the Electric Capacity Fee.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 049, 2017, Amending Chapters 7.5, 8 and 24 of the Code of the City of
Fort Collins Concerning Revisions to Terminology and Decreases and Phased Increases of the Capital
Expansion Fees and Amending Section 3.3.2(G) of the Land Use Code to Revise Related Terminology.
(Alternative 1 or Alternative 2)
B. First Reading of Ordinance No. 068, 2017, Amending Chapter 26 of the Code of the City of Fort Collins
Regarding Calculation and Collection of Development Fees Imposed for the Construction of New or
Modified Electric Service Connections.
The purpose of this item is to consider adoption of fee recommendations for capital expansion and
transportation expansion fees on a phased-timeline beginning October 1, 2017, and electric capacity fees
effective beginning October 1, 2017, with no phasing. In early 2016, staff initiated comprehensive reviews of
the Capital Expansion Fees, Transportation Expansion Fee (Street Oversizing) and the Electric Capacity Fee.
In late 2016, staff conducted a thorough inventory of all fees across the City in order to better coordinate
presentation of the holistic impact of fee recommendations to the community. Fee studies were also conducted
for the Capital Expansion Fees and the Transportation Expansion Fee. Staff worked to integrate the
messaging of these efforts to the community and to Council to illustrate the entire fee impact as well as how
Fort Collins compares to neighboring cities’ impact fees. Capital Expansion Fees include the impact fees
charged for Fire, Police, General Government, Community Parks and Neighborhood Parks. The
Transportation Expansion Fee is also a Capital Expansion Fee, but is determined differently than the other
Capital Expansion Fees. The Electric Capacity Fee is an impact fee imposed by the City’s Electric Utility.
Ordinance No. 049, 2017, which provides for the changes to the Capital Expansion Fees and the
Transportation Expansion Fee, is proposed in two alternative ordinances. Alternative 1 proposes the phasing
of the full fee amounts recommended in the fee studies, while Alternative 2 provides for fee increases without
any phasing in amounts less than what is recommended in the study for the Capital Expansion Fees and for
the Transportation Expansion Fee for the lesser amount recommended in its study.
STAFF RECOMMENDATION
Staff recommends adoption of either Alternative 1 Ordinance No. 049, 2017 or Alternative 2 Ordinance No.
049, 2017, and adoption of Ordinance No. 068, 2017 on First Reading.
Agenda Item 14
Item # 14 Page 2
BACKGROUND / DISCUSSION
Capital Expansion Fees
Capital Expansion Fees are used to require new development to pay a proportionate share of infrastructure
costs. The method of calculating the fees that the City of Fort Collins has used since 1996 is referred to as
incremental expansion. This method works in the following manner:
New development pays a fee based on current infrastructure costs - they essentially “buy in” to the current
system.
The revenues from the fees are then used to build new infrastructure to serve the new development and/or
the increase in population that follows the development.
For reference, Capital Expansion Fees are only paid for new development on residential properties and for re-
development only in the case where additional dwelling units are added, i.e. a carriage house on the same
parcel. Capital Expansion Fees for new development are paid only on square footage above grade so square
footage for basements is not included in calculating fees. Capital Expansion Fees are not paid for additions to
existing dwelling units, unless the structure is completely scraped, in which case it is considered a new
development and all Capital Expansion Fees are charged.
Capital Expansion Fees are paid for new development and re-development on commercial properties.
The City’s Capital Expansion Fees were originally prepared and adopted in 1996 and then updated in 2013.
Direction was given to staff to update the fees every 3-5 years.
The fees included in the study are:
Neighborhood Parks
Community Parks
Fire
Police
General Government
In 2013, the fees for police, fire and general government for commercial and industrial land use types were
phased in over a 3-year period and updated annually for inflation according to the Denver-Boulder-Greeley
Consumer Price Index and Denver Region Construction Cost Index. For residential land use types, the fees
were updated in 2013 and have been updated annually for inflation according to the Denver-Boulder-Greeley
Consumer Price Index and Denver Region Construction Cost Index.
Staff worked with the Duncan Associates to review the methodology and update the fees. The outcome of the
study retains the basic methodology of incremental expansion and updates inputs from 2013 to reflect current
asset information. The fees have all been updated based on today’s current level of service and cost which
factors in current capital assets for all fees. The resulting report has been included in previous presentations at
City Council and can also be found at:
http://www.fcgov.com/finance/capitalexpansion.php
Additional updates to the fee recommendations previously presented to City Council at the April 25, 2017 Work
Session have been made to the parks fees removing Twin Silos costs from the calculations for community
parks based on feedback from Council Finance Committee on April 28, 2017. Additionally, a working group
was recommended to help inform and gain consent as well as step through methodology and discuss
alternatives.
Agenda Item 14
Item # 14 Page 3
Based on feedback from Leadership Planning Team on May 9, 2017, two alternatives are presented:
1. Alternative 1: (October 1, 2017 – January 1, 2020)
• Capital Expansion Fees as proposed, phased in 3 steps over 27 months with Twin Silos removed from
calculations
• Transportation Capital Expansion Fees phased in 2 steps over 15 months, with Option B first, then Option
A
• Electric Capacity Fee as proposed (not phased; effective October 1, 2017)
2. Alternative 2: (End of May, 2017-October 2017)
• CEFs at 75% of Proposed
• Option B for Transportation CEF
• Electric Capacity Fee as proposed (not phased; effective October 1, 2017)
Under both alternatives, the City Manager is directed to form a working group of City staff and community
stakeholders to consider and recommend future changes to the Capital Expansion Fees.
Transportation Expansion Fee (formerly Street Oversizing Fee)
The Transportation Expansion Fee is a one-time impact fee on development, and is used to mitigate the
impacts of new development on the transportation network. The Transportation Expansion Fee Program has
been a stable, long-term funding source for the construction of capital transportation infrastructure in newly-
developing areas. The fee program was originally adopted in 1979, with revisions in 1986, 1993, 1997, 2000,
2003, and 2006. Periodic recalculations and inflation adjustments of the fee schedule ensure that fee revenues
will be sufficient to pay for the cost of eligible transportation improvements. However, as the City begins to
approach build out of its Growth Management Area, it is prudent to assess and update the program to continue
the long-term success of the program to fund development impacts to the City’s transportation network. City
Council has directed staff to review the Transportation Expansion Fee Program as the appropriate basis for
assessing the cost of transportation improvements to developments based on their proportional impacts.
The City has retained TischlerBise, Inc. as a consultant to assist the City with the assessment of its existing
Transportation Expansion Fee Program (formerly, Street Oversizing Capital Expansion Fee Program). They
have completed a draft report included in previous presentations to City Council which can also be found at the
web address listed above. The recommended updates to the fees include the following:
Change the name from “Street Oversizing” to “Transportation Expansion Fee”.
Simplify the transportation impact fee schedule from 43 categories of use to only a handful; Residential (by
size of unit) and two broad categories for commercial and industrial.
Use Vehicle Miles Travelled (VMT) as the basis for determining impact, instead of trips generated. Impact:
this change more accurately ties the fee to demand on the transportation system.
Increase the fee to include additional transportation system improvements (bicycle, pedestrian, transit,
intersection turn lanes, and signal timing improvements, for example). Impact: this proposed change is
estimated to increase the magnitude of the fee by 24%.
Transportation Capital Expansion Fees-Option A and Option B
Option A includes the proportionate cost attributable to new development of Bicycle, Pedestrian, and Transit
improvements in addition to intersection turn lanes, signals, signal timing, and Advance Traffic Management
Systems.
Option B is calculated on the City's Capital Improvement Plan and assumes funding for streets and
intersection improvements similar to the existing program.
Agenda Item 14
Item # 14 Page 4
Electric Capacity Fees
In 2016 Fort Collins Utilities hired NewGen Strategies to survey how Plant Investment Fees (PIFs) are
collected by other electric utilities and to provide assistance building a revised PIF model to allocate capital
costs to new load on the electric system. This effort allowed for the calculation to be easier to understand and
update, while recognizing the change in how development occurs within the city at this stage of its growth.
Current Model
The current PIF consisting of an electric capacity fee (ECF) and a building site change (BSC) is calculated by
utilizing a system planning model that was originally developed in early 1980’s and has been updated several
times to reflect changes in system design standards and policy. This underlying model assumes a certain
system design and allocates the costs of this system design based on the square footage, the linear footage
that abuts the public right of way, and demand (kilowatt or kW) of the new development.
The current method has several challenges. The costs for these components (square footage, front footage,
and dwelling units/capacity) are calculated through the use of visual basic code (VBA) to access databases
that contain assembly information and cost data. As a result, it is cumbersome to update these calculations if
changes need to be made to the underlying planning model. For example, it is difficult to modify the
calculations so that the model includes mixed use developments or higher density developments. Additionally,
the planning model has difficulty assigning costs for capital work required for redevelopment, such as adding a
circuit for additional load.
Proposed Model
As a result of the trend toward higher density developments and redevelopments, and the dynamic nature of
the electric system in general, staff recommends changing the methodology of the PIF model to address the
concerns raised above. The proposed methodology is based on the “buy-in” method for PIFs and is
conceptually similar with the PIF models for the water and wastewater utilities. This method takes the value of
the utilized electric system, i.e. the amount of the system that is needed to serve the current load and no more,
and divides this dollar value by the current kilowatt (kW) demand. This calculation results in the $/kW rate that
was used to build the current system to meet the current demand. New load on the system would buy into the
electric system at this $/kW rate. This simplifies the calculation and administration of the electric PIFs.
In addition to these simplifications, the proposed methodology also uses actual data to allocate costs instead
of a planning model. Demands, non-coincident peaks (NCP), for the residential and commercial/industrial
customer classes are calculated from AMI data and are used to allocate the system costs proportionally to
each class based on the class NCP. This allocation method provides a different $/kW “buy-in” rate for each of
these classes and is consistent with standard cost allocation practices in utility rate making. Due to the large
variation in demands from the commercial class a sliding scale was implemented for the $/kW rate for
commercial customers, as the load from a commercial customer increases the “buy-in” rate increases as well
to allocate the additional system costs required to serve large loads.
Lastly, this proposed method is flexible and adapts to changes in development by using actual system values
and actual demands as opposed to the current method.
The fee recommendations for the two alternatives can be seen below:
Agenda Item 14
Item # 14 Page 5
Alternative 1
• Capital Expansion Fees as proposed, with Twin Silos removed from calculations
• Transportation Option A
• Electric capacity fees as proposed
N'hood Comm. Gen. Electric Total
Land Use Type Unit
Park Park Fire Police Gov't Capacity
Fees
CEFs +
Transp +
Elec
Updated Fees Fees
Resid., up to 700 sf Dwelling $1,790 $2,334 $502 $236 $574 $2,205 $1,349 $8,990
Resid., 701-1,200 sf Dwelling 2,396 3,123 679 319 774 4,095 1,443 12,829
Resid., 1,201-1,700 sf Dwelling 2,616 3,411 739 347 845 5,317 1,537 14,812
Resid., 1,701-2,200 sf Dwelling 2,644 3,446 751 352 858 6,217 1,708 15,976
Resid., over 2,200 sf Dwelling 2,947 3,841 836 392 955 6,664 1,879 17,514
Commercial 1,000 sf 0 0 633 297 1,451 8,113 170 10,664
Office and Other Services 1,000 sf 0 0 633 297 1,451 5,977 227 8,585
Industrial/Warehouse 1,000 sf 0 0 148 69 342 1,929 1,986 4,474
Change
Resid., up to 700 sf Dwelling 490 1,232 221 95 244 300 (774) 1,808
Resid., 701-1,200 sf Dwelling 729 1,709 322 141 351 1,952 (828) 4,376
Resid., 1,201-1,700 sf Dwelling 774 1,849 344 149 380 2,205 -882 4,819
Resid., 1,701-2,200 sf Dwelling 725 1,818 341 146 371 3,105 -980 5,526
Resid., over 2,200 sf Dwelling 891 2,098 396 172 432 3,552 -1,078 6,463
Commercial 1,000 sf 0 0 294 128 648 -3,817 -133 -2,880
Office and Other Services 1,000 sf 0 0 294 128 648 -1,783 -76 -789
Industrial/Warehouse 1,000 sf 0 0 68 28 154 799 890 1,939
Percent Change
Resid., up to 700 sf Dwelling 38% 112% 79% 67% 74% 16% -36% 25%
Resid., 701-1,200 sf Dwelling 44% 121% 90% 79% 83% 91% -36% 52%
Resid., 1,201-1,700 sf Dwelling 42% 118% 87% 75% 82% 71% -36% 48%
Resid., 1,701-2,200 sf Dwelling 38% 112% 83% 71% 76% 100% -36% 53%
Resid., over 2,200 sf Dwelling 43% 120% 90% 78% 83% 114% -36% 58%
Commercial 1,000 sf 87% 76% 81% -32% -44% -21%
Office and Other Services 87% 76% 81% -23% -25% -8%
Industrial/Warehouse 1,000 sf 85% 68% 82% 71% 81% 76%
Transp.
Option
A
Agenda Item 14
Item # 14 Page 6
Alternative 2
• Capital Expansion Fees at 75% of proposed with Twin Silos removed from calculations
• Transportation Option B
• Electric capacity fees as proposed
N'hood Comm. Gen. Electric Total
Land Use Type Unit
Park Park Fire Police Gov't Capacity
Fees
CEFs +
Transp +
Elec Fees
Updated Fees + Elec
Resid., up to 700 sf Dwelling $1,343 $1,751 $377 $177 $431 $1,827 $1,349 $7,253
Resid., 701-1,200 sf Dwelling 1,797 2,342 509 239 581 3,392 1,443 10,303
Resid., 1,201-1,700 sf Dwelling 1,962 2,558 554 260 634 4,404 1,537 11,910
Resid., 1,701-2,200 sf Dwelling 1,983 2,585 563 264 644 5,150 1,708 12,896
Resid., over 2,200 sf Dwelling 2,210 2,881 627 294 716 5,520 1,879 14,127
Commercial 1,000 sf 0 0 475 223 1,088 6,721 170 8,677
Office and Other Services 1,000 sf 0 0 475 223 1,088 4,951 227 6,964
Industrial/Warehouse 1,000 sf 0 0 111 52 257 1,598 1,986 4,003
Change
Resid., up to 700 sf Dwelling 43 649 96 36 101 (78) (774) 71
Resid., 701-1,200 sf Dwelling 130 928 152 61 158 1,249 (828) 1,851
Resid., 1,201-1,700 sf Dwelling 120 996 159 62 169 1,292 -882 1,917
Resid., 1,701-2,200 sf Dwelling 64 957 153 58 157 2,038 -980 2,447
Resid., over 2,200 sf Dwelling 154 1,138 187 74 193 2,408 -1,078 3,077
Commercial 1,000 sf 0 0 136 54 285 -5,209 -133 -4,868
Office and Other Services 1,000 sf 0 0 136 54 285 -2,809 -76 -2,410
Industrial/Warehouse 1,000 sf 0 0 31 11 69 468 890 1,468
Percent Change
Resid., up to 700 sf Dwelling 3% 59% 34% 26% 30% -4% -36% 1%
Resid., 701-1,200 sf Dwelling 8% 66% 43% 34% 37% 58% -36% 22%
Resid., 1,201-1,700 sf Dwelling 7% 64% 40% 31% 36% 42% -36% 19%
Resid., 1,701-2,200 sf Dwelling 3% 59% 37% 28% 32% 65% -36% 23%
Resid., over 2,200 sf Dwelling 8% 65% 43% 34% 37% 77% -36% 28%
Commercial 1,000 sf 40% 32% 36% -44% -44% -36%
Office and Other Services 40% 32% 36% -36% -25% -26%
Industrial/Warehouse 1,000 sf 39% 26% 36% 41% 81% 58%
Transp.
Option
B
Agenda Item 14
Item # 14 Page 7
Phasing:
Alternative 1
Capital Expansion Fees in 3 steps over 27 months
Transportation in 2 steps over 15 months, first Option B, then Option A
Electric Capacity Fees all at once
Current 1-Oct-17 1-Jan-19 1-Jan-20 % Change % Change % Change
Land Use Type Fees Step 1 Step 2 Step 3 Step 1 Step 2 Step 3
Updated Fees
Resid., up to 700 sf $7,182 $7,091 $8,229 $8,990 -1.3% 16% 9%
Resid., 701-1,200 sf 8,453 9,958 11,745 12,829 18% 18% 9%
Resid., 1,201-1,700 sf 9,993 11,568 13,647 14,812 16% 18% 9%
Resid., 1,701-2,200 sf 10,450 12,642 14,842 15,976 21% 17% 8%
Resid., over 2,200 sf 11,051 13,711 16,184 17,514 24% 18% 8%
Commercial 13,544 8,559 10,307 10,664 -37% 20% 3%
Office and Other Services 9,374 6,846 8,229 8,585 -27% 20% 4%
Industrial/Warehouse 2,535 3,976 4,390 4,474 57% 10% 2%
Alternative 2 (No Phasing)
Capital Expansion Fees at 75 % effective October 1, 2017
Transportation Option B effective October 1, 2017
Electric Capacity Fees all at once effective October 1, 2017
Working group will meet and work through understanding the studies, the methodologies
and alternatives.
Current 1-Oct-17 % Change
Land Use Type Fees Step 1 Step 1
Updated Fees
Resid., up to 700 sf $7,182 $7,253 1%
Resid., 701-1,200 sf 8,453 10,303 22%
Resid., 1,201-1,700 sf 9,993 11,910 19%
Resid., 1,701-2,200 sf 10,450 12,896 23%
Resid., over 2,200 sf 11,051 14,127 28%
Commercial 13,544 8,677 -36%
Office and Other Services 9,374 6,964 -26%
Industrial/Warehouse 2,535 4,003 58%
N/A N/A N/A N/A
CITY FINANCIAL IMPACTS
Revenue from Capital Expansion Fees, Transportation Expansion Fees and Electric Capacity Fees is driven
entirely by the amount of growth/development/re-development that occurs in the City. For Transportation
Expansion Fees and Capital Expansion Fees, revenue is used to support infrastructure needs that result in
growth from the community. For Electric Capacity Fees, revenue goes to the Utilities Light and Power
Enterprise fund to be used for the future planning needs of the electric utility.
Agenda Item 14
Item # 14 Page 8
If Capital Expansion Fees are not appropriately collected, resulting in a lack of revenue, financial impacts may
be:
Delay of projects
Facilities and assets may be designed and built at a lower level of service
Revenue to fund services and projects may come from a different source, most likely the General Fund.
An additional potential financial impact could occur if eligible projects through the Housing Authority apply for a
waiver of Capital Expansion Fees and the fee revenue from the waiver is then backfilled by the General Fund.
This occurred in 2013 with Redtail Ponds which resulted in a fee waiver and backfill from the General Fund of
$274K. For the 2013-2014 Budgeting for Outcomes cycle, examples of one-time General Fund offers that
were not funded for roughly that same amount of money are:
Environmental Health
Propane and Natural Gas Vehicle Conversions - $85K
Sustainable Theatrical Lighting at Lincoln Center - $197K
Culture and Recreation
Shelter at Inspiration Playground - $86K
Economic Health
Downtown Plan Update- $105K
High Performing Government
Sustainability Service Area Office Space- $300K
BOARD / COMMISSION RECOMMENDATION
The Economic Advisory Commission recommends supporting the fee recommendations. (Attachment 2)
The Parks and Recreation Board is in support of fees that reflect the true cost of park replacement.
(Attachment 3)
The Affordable Housing Board was not in support of the higher fee recommendations. The Board requested at
least 6 months lead time, preferably longer, before fees are implemented. (Attachment 4)
The Building Review Board did not feel it had sufficient time or information to submit a recommendation.
(Attachment 5)
The Human Relations Commission was not in support of the fee recommendations and had concerns over
housing affordability and the impact of these fees on marginalized populations that may be paying for impacts
that they do not cause due to lack of income, i.e., they may not have a car.
PUBLIC OUTREACH
See Attachment 1 for public outreach.
Agenda Item 14
Item # 14 Page 9
ATTACHMENTS
1. Public Outreach Summary (PDF)
2. Economic Advisory Commission Memo, February 7, 2017 (PDF)
3. Parks and Recreation Board letter, May 8, 2017 (PDF)
4. Building Review Board Minutes, April 27, 2017 (PDF)
5. Affordable Housing Board Minutes, October 13, 2016 (PDF)
6. Powerpoint presentation (PDF)
Public Outreach‐ Impact Fees
Concerned
about
affordability
of housing
Multifamily
is getting hit
harder than
single family
detached
Fees will drive
development
to neighbor
cities
Need at
least 6
months
notice to
implement
fee
changes
Fees
should
be
phased
More
outreach
should
be done
Worried
about GF
if fees
not
collected
Need to
look at
TOD and
Smart
Design
incentives
Want
housing
waivers
Marginalized
pop. Pay
more than
their fair
share
Level of
service
in FC is
Gold‐
plated
Standards
should be
establish.
For level of
service
Chamber Local Legislative Affairs Committee X X XX X X X X X
Northern Colorado Homebuilder’s Association X X XX X X X X X
Economic Health Office
300 LaPorte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
DATE: February 7, 2017
TO: Mayor and Councilmembers
THRU: Josh Birks, Economic Health and Redevelopment Director
FROM: Sam Solt, Chair – Economic Advisory Commission;
Ted Settle Vice-Chair – Economic Advisory Commission; and
Members, Economic Advisory Commission
RE: MIDTOWN BUSINESS IMPROVEMENT DISTRICT
The purpose of this memorandum is to inform City Council of the Economic Advisory Commission’s
(EAC) recommendation regarding the City Council’s pending action to update the City’s Capital
Expansion Fees.
Position:
The EAC received an update on the proposed changes to Capital Expansion Fees at their September 21,
2016 regular board meeting. The following action was taken on October 19, 2016 during the course of
the EAC’s regular board meeting:
Glen Colton moved and Craig Mueller seconded:
The Economic Advisory Commission supports the updated fees recommended by the
Capital Expansion Fee and Transportation Capital Expansion Fee Studies. Of the options
presented to EAC for fee calculations, the commission was in favor of using the “cost of
construction” valuation for capital expansion fees and the Methodology Change Plus
Option for the transportation fees. While both of these options result in higher fees, the
EAC discussed the importance of a defensible methodology for calculating the fees and
that the City should collect the fees recommended at that level so as not [to] overburden
other revenue streams to pay for future capital needs.
Motion passed, 5-1-1 (Abstain: Settle).
ATTACHMENT 2
Parks & Recreation Board
PO Box 580
Fort Collins, CO 80522
2016-2017 Chair – Scott Sinn
May 8, 2017
To Mayor and City Council,
On April 26, 2017, the Fort Collins Parks and Recreation Board supports a proposal increase to
the Capital Expansion Fees on Building Permits for neighborhood and community parks by a
unanimous vote. While the Board is typically not in favor of raising fees for parks, we
understand the need to increase fees due to the ever increasing construction costs throughout
Northern Colorado. These construction costs combined with maintaining a high level of quality
leads to the need to increase fees.
The Park Planning Department and the Finance Department have made three presentations over
the last few months keeping the Board up to date on the proposed increase. Both entitites have
done an admirable job in explaining and sorting through the complexities of our complicated fee
system. Thank you for consideration of our recommendation.
Regards,
Scott Sinn
Chair, Fort Collins Parks & Recreation Board
ATTACHMENT 3
Building Review Board Page 1 April 27, 2017
Alan Cram, Chair City Council Chambers
Michael Doddridge, Vice Chair City Hall West
Andrea Dunlap 300 Laporte Avenue
Tim Johnson
Bernie Marzonie
Justin Montgomery
Fort Collins, Colorado
Rick Reider
The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities
and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-
6001) for assistance.
Regular Hearing Minutes
April 27, 2017
A regular meeting of the Building Review Board was held on Thursday, April 27, 2017, at
1:00 p.m. in the Council Chambers of the Fort Collins Municipal Building at 300 Laporte Avenue,
Fort Collins, Colorado.
Board Members Present: Alan Cram, Chair
Mike Doddridge, Vice Chair
Andrea Dunlap
Justin Montgomery
Tim Johnson
Bernie Marzonie
Rick Reider
Absent: None
Staff Present: Mike Gebo, Chief Building Official
Cindy Cosmas, Administrative Assistant
Cram noted that a quorum was present for this hearing.
BOARD ITEMS FOR CONSIDERATION
1. Approval of January 26, 2017, Draft Minutes
Montgomery made a motion, seconded by Doddridge, to approve the draft minutes of the
January 26, 2017, hearing. Vote: 7:0.
Building Review Board
Minutes
ATTACHMENT 4
Building Review Board Page 2 April 27, 2016
2. 2016 Capital Expansion Fee Update
Tiana Smith, Revenue and Project Manager of Finance at the COFC, provided the Board with
an updated presentation of the proposed increases to the 2016 capital expansion fees,
transportation capital expansion fees, and electric capacity fees. She described the purpose of
each fee and how each is calculated. She also discussed in detail the impacts of each fee and
how they compare to similar communities. She stated that City Council requested that these
fees be “bundled” in order to better communicate in a holistic way to the community at large.
Fees are calculated based on “level of service”, rather than trying to build the fee structure to
reach a budgeted goal. The City has retained the same methodology since 1996, when impact
fees were first introduced.
Ms. Smith described some of the community outreach that occurred for the proposed park
developments, restating that a consistent level of service would be assessed for all residents
with respect to park fees.
Dean Klingner, Capital Projects Manager, provided more information related to the proposed
transportation capital expansion fees (previously street oversizing fees). He discussed several
proposed changes:
• Renamed “transportation capital expansion fee”, rather than “street oversizing fee”;
• Charging fees based on unit size (square feet) rather than unit type;
• Commercial/industrial uses are deemed to be similar and will be combined;
• “Trip generation” methodology, which will use traffic engineering studies to identify
impacts to the transportation system in order to recognize distance as well as frequency;
and
• Fundamental fee increase of approximately 20%, based on improvements necessary for
development.
Klingner also discussed several options being proposed:
• Option A – fully funding the program (proportional costs for all necessary transportation
improvements in terms of growth)
• Option B – change to vehicle miles travelled (would raise residential fees overall and
lower commercial fees)
Lance Smith, Utilities Strategic Finance Director, described what electric capacity fees are used
for (cost to build monthly generation and transmission of electricity) and stated that the existing
model is outdated. He added that the new methodology will focus on meeting the peak demand
when building a distribution system. The calculation will be simpler, noting that large
commercial customers represent less than 1% of all customers but 40% of overall electricity
demand. Therefore, residential fees are expected to decrease and commercial fees are
expected to increase.
Ms. Smith recapped the proposal to bundle all of the fees, highlighting the fee percent changes.
She also showed a graph of various land-use types and communities with respect to
neighboring communities (Fort Collins’ fees appear to be average). Based on new median
home sales price in 2016 ($437,000), she illustrated how fees have changed over time. Her
recommendation is to phase in these fees over 3 years, using a calculated average to account
for annual revenue loss due to the phasing. She asked the Board for any feedback that she
could include in her presentation at the May 16th City Council hearing and adoption.
ATTACHMENT 4
Building Review Board Page 3 April 27, 2016
Board Questions and Deliberation
Montgomery asked for more information explaining the methodology of having parks based on
level of service rather than plan-based budget. Ms. Smith responded that, while there is a
master plan for the parks, the intent is not having the current residents pay for future needs.
She added that every 10 years a new community park has been built (only 2 remaining to build).
Additionally, these fees will become self-regulating as development decreases and there is less
impact to growth. Regarding the electric fees and demand charges, Montgomery also asked if
there would be any impact on demand to adopt the most energy-efficient codes; Mr. Smith
confirmed that there would be an impact in that total consumption will be lower (approx. a 12%
drop per person). She added that the demand and type of energy will also change.
Johnson asked what role CSU has regarding these fees, since they are a major consumer.
Klingner responded that CSU does not pay the fee, but alternatives are utilized in order to
ensure CSU meets the intent of the fee. Doddridge asked whether multi-family calculations are
included in the park fees calculation; Noelle Currell, Sr. Fin Analyst, responded that it is based
on equivalent dwelling units.
Regarding Option A for transportation capital expansion fees, Cram asked why commercial and
office fees will decrease; Klingner responded that this is a consequence of using vehicle miles
per trip as a basis, even though the intent is to use industry best practices. He reminded the
group that this option is not trying to incentivize a certain type of development. Cram
speculated that driving up these fees could hurt potential low-income housing developments,
comparing the proposed fees to levels being charged by Boulder. He added that such large fee
impacts to residential may be too major, stating that these fees are really taxes. Doddridge
asked if any potential impact analysis has been done on new residential construction. Ms.
Smith responded that, because this is based on future development, no such analysis has been
done. She reiterated that these calculations are based on usage of current assets, not an
attempt to increase revenue.
Regarding the total fee increases as compared to other communities, Gebo asked if there was a
particular need for Fort Collins to change their current fee structure. Ms. Smith responded that
this chart was just for comparison purposed, and the reason for the fee increases is because
asset values have also increased. She added that Fort Collins tries to be competitive. Dunlap
asked if other communities have more open space to develop compared to Fort Collins; Smith
confirmed that this is the case and that supply and demand is calculated into housing prices.
Doddridge thanked them for doing a second presentation, and he highlighted pros and cons of
the fees proposed. Based on various Board comments, Cram concluded that the Board does
not care to make a position statement at this time. Ms. Smith added that Phase 2 will include
development review fees in the fall of 2017. She stated that any individual or group feedback
would be appreciated. Cram suggested that having materials in advance of any future
presentations would be helpful.
3. I-Code Updates
Gebo discussed the 2015 I-Code updates, saying the amendment package is now at the City
Attorney’s office for review. The 1st reading by City Council is on June 6th, then the 2nd reading
two weeks later, then adoption. He doesn’t anticipate any issues with adoption. Gebo reviewed
some of the more controversial issues (mainly the vinyl siding burn situations). There was some
discussion of this particular topic, including safety issues and legal involvement.
ATTACHMENT 4
Building Review Board Page 4 April 27, 2016
4. CBO Update
Gebo informed the Board of his intention to retire as CBO on August 1st, 2017. There was some
discussion regarding a final luncheon for him with the Board and Ross Cunniff, City Council
Liaison.
OTHER BUSINESS
None noted.
The meeting adjourned at 2:23p.m.
_____
Chief Building Official Alan Cram, Chair
ATTACHMENT 4
MINUTES
CITY OF FORT COLLINS
AFFORDABLE HOUSING BOARD
Date: Thursday, October 13, 2016
Location: City Clerk’s Large Conference Room, City Hall, 300 Laporte Ave.
Time: 4:00–6:00pm
For Reference
Jeff Johnson, Chair
Ray Martinez, Council Liaison
Sue Beck-Ferkiss, Staff Liaison 970-221-6753
Board Members Present Board Members Absent
Jeffrey Johnson, Chair (5:27pm) Diane Cohn
Terence Hoaglund
Eloise Emery
Jennifer Bray
Curt Lyons
Kristin Fritz
Staff Present
Sue Beck-Ferkiss, Social Sustainability Specialist
Dianne Tjalkens, Administrative Assistant/Board Support
Noelle Currell, Senior Financial Analyst
Matt Baker, Street Oversizing Program Manager
Dean Klinger, Manager of Capital Projects/City Engineering
Guests
Chris Johnson, ED Bike Fort Collins
Marilyn Heller, League of Women Voters
Call to order: Jen called to order at 3:51pm.
Agenda Review: Add update on Horsetooth Housing Catalyst project. Delay Public Comment to
after Housing Applications ranking.
Public Comment: No comment
Review and Approval of Minutes
Curt moved to approve the September minutes as presented. Kristin seconded.
Motion passed unanimously, 5-0-0. Jeff arrived after vote.
AGENDA ITEM 1: CDBG Application Ranking
Note: Kristin Fritz recused herself from the ranking process.
DMA Plaza pulled out as they were not awarded 9% tax credits this round. They will reapply in the
future. Village on Shields rehab and Neighbor to Neighbor (N2N) boiler replacement are the two
remaining requests.
1 | Page
ATTACHMENT 5
Diane Cohn provided her rankings in writing before the meeting. Sue shared her comments with the
board:
“Highest rank for me is the Villages on Shields (Cunningham Corner). It's a full rehab
project that allows the City to keep 286 units affordable, when it otherwise could
have gone to market rate. FCHA clearly has a well thought out plan for how they will
approach it, including building in costs for moving existing residents as they rehab.
They have received City funds for this project over the past few years, and my hope
is they are now in a position to get this rehab under way.
I support the request from Neighbor to Neighbor as well, to insure these smaller
affordable housing buildings remain affordable. I would suggest that this request does
border on routine maintenance, though boilers and water heaters are expensive, and
that N2N consider doing full work-up for rehab of these older units (roofs, exteriors,
interiors, appliances, whatever is needed), and get those bid out.
Also, would suggest that they work the costs of these more predictable wear-out costs
into their budget for the properties.
Both requests do fall within the goals of the Affordable Housing Strategic Plan, and
keep us on track that way.”
Comments/Q&A
• Curt: N2N has gone through personnel changes. What is current status?
o Sue: Executive Director has been there 4-5 years. Their staff is in good shape for
work they are anticipating. Have hired a person with development experience.
• Terence: Cost per unit for Village on Shields seems very high.
o Sue: Cost per unit right now is high for new construction as well.
• Eloise: Moving out blocks of residents to other places while make changes or one at a time?
o Sue: Have robust displacement plan. Will do vacant units first, then move people into
completed units. Working closely with residents. Hired consultant specifically for
that process.
• Jen: Does 20 year affordability start at application or completion of project?
o Sue: Think it happens when final unit is completed, but can check. With tax credit get
almost 40 more years of affordability.
• Jen: Distressing that units are in such disrepair since only built in the ‘90s.
o Sue: Housing Catalyst (formerly known as Fort Collins Housing Authority)
understood would need significant rehab when purchased it, but underestimated.
• Curt: Knowing that there is sufficient funding for both, and both are valid projects, put N2N
project first since it is so small and won’t get in way of other project getting complete.
o Jen: If boiler goes out, heading into winter. Make sure the people have heat. Priority
to have work done right away.
• Eloise: Selected Villages as #1. No units serve 30% AMI or lower, but good mix up to 60%.
Preserves long term affordable housing so serves Affordable Housing Strategic Plan (AHSP).
Will extend affordability restriction for 20 years. Readiness to proceed in 1 year; start
construction 2017. They have funds, and plan to move residents, and these make it a winner.
#2: N2N. Both important projects. Glad they are resolving the problem. Concern is that don’t
have long term maintenance rehab plan. Are they lacking funds to create a long term plan?
What kind of assistance do they need? Can the City help in some way? Will be better
received for funding if have a long term plan.
o Jen: Boiler is 50 years old. Had plenty of time to determine need. Easy to approve
smaller budget items, but having comprehensive plan would be better.
o Curt: With turnover of staff, maybe they have had communication issues.
2 | Page
ATTACHMENT
o Sue: Staff comments include note that HOME funds cannot be used for this project
because a capital needs assessment has not been completed.
Eloise: Do we draw a line at the next funding cycle since they still haven’t
completed the plan? Need repairs, but have made residents suffer. Do they
really care about their tenants?
Jen: N2N is footing the bills on the utilities. Could save money with
efficiencies. Villages is investing in many efficiencies. Basic necessity of
owning a property is to factor in maintenance.
Eloise: Will extend affordability to 2036, but building will not last that long.
• Sue: Suggest that include comments on lack of capital needs
assessment in comments to CDBG.
• Terence: Village on Shields as #1 as will get most units. Concerned at cost per unit. N2N as
#2 due to lack of needs assessment. Both worthy projects.
• Curt: Would be willing to change ranking based on lack of capital needs assessment.
o Jen: agreed. Also changing ranking.
• Sue: Unanimous ranking.
Curt moved and Terence seconded a motion to approve ranking as follows:
1: Housing Catalyst: Village on Shields
2. Neighbor to Neighbor: Boiler replacement
Motion passed unanimously, 4-0-0. Jeff arrived after vote. Kristin recused herself.
ACTION ITEMS: Jen will present rankings to CDBG Commission.
Public Comment: League of Women Voters affordable housing team will have April panel –
“Youth, the Hidden Homeless” focusing on transitioning out of foster care. Planning and Zoning
meeting at 6:00pm for Villages on Horsetooth.
AGENDA ITEM 2: Horsetooth Land Bank Update—Kristin Fritz
P&Z considering plan tonight. 96 units; 43 units at 30% AMI. More than Redtail ponds. 53 units at
60% AMI. Requesting alternative compliance to connection to public street. Cost of street impacts
ability to serve as many 30% AMI units. Not in best interest of community in terms of health and
safety. Planning staffed clubhouse, gardens, playground, amenities which building community.
Cannot have these amenities if there must be a through street on the property. Also providing trail
access, supported by City. P&Z does not want to set precedent of not requiring street. City had traffic
engineer study impact of having street go through or not. Found no benefit of having street go
through. This is last site of this area to develop. Because this is City Land Bank property, Housing
Catalyst is asks the board consider writing a letter of support.
Comments/Q&A
• Sue: In past the board has written memos to Council and P&Z. Board has been mindful of not
making site specific suggestions; however, have advocacy role for affordable housing. Have
sent memos to P&Z, have had board members speak at P&Z as private citizens. Jeff asked
Sue to draft a memo. Also, board could vote to have representative give comment at P&Z.
Sue read draft memo.
• Curt: Negative impact of street on livability for the community.
• Jen: People living to the west would probably also prefer not having a through street.
3 | Page
ATTACHMENT
o Sue: the neighbors have spoken and do not want a street to go through.
• Eloise: Traffic study shows no impact to surrounding streets, no reason to do it.
• Terence: Actually already have precedent of streets not going through in other developments.
• Kristin: Have really good argument for not having the street. Just need to make clear to P&Z.
• Curt: Letter could be stronger on losses to community if have street. Why is letter
intentionally vague?
o Sue: Board previously has chosen not to give site specific recommendations.
o Kristin: Because it is a City Land Bank property, may change the precedent for the
board comment.
• Eloise: Any neighbors for putting the street through?
o Kristin: No.
o Sue: But the neighborhood is interested.
o Kristin: Could impact development if neighbors request street going through.
Jen moved to approve the memo as drafted. Terence seconded.
Motion passed 4-0-0. Kristin recused herself.
AGENDA ITEM 3: Capital Expansion Fees—Tiana Smith
Simultaneously looking at updating street oversizing fees and studying changes to capital expansion
fees. Working together to present fee changes as a whole. Will present to Council Finance
Committee on Monday.
These fees are required of new development to pay proportionate share of service (buying into the
system). They are updated annually for two inflation indexes, as well as every three to five years look
at more comprehensive update to see if using appropriate indexes. Fees included: neighborhood
parks, community parks, fire, police, and general government facilities. And working with Streets on
street oversizing fees. Currently experiencing bubble effect—construction prices going up, but when
updating fees, not tracking the same. Having lag effect on fees. Methodology is based on current
level of service divided by number of people using it. Peer cities are using same methodology.
Changes in 2016: updated assets info, updated land values, and considering how to calculate fees for
general government, fire and police—may be better to use estimated construction cost rather than
insured building values. Can also use a blended approach. Parks is working with a consultant to
determine replacement cost for parks.
Functional population and equivalent dwelling units are denominators for determining fees. Numbers
are based on census data, but only get robust data once every 20 years. Fees are competitive with
peer cities.
Integrating street oversizing fee revisions into capital expansion fee revisions. Recommendations
from consultant: change name to transportation capital expansion fee, use VMT as basis for
determining impacts rather than trips (more accurate way of evaluating congestions/impact on streets,
but has more impact on fees), simplify fees, and increase fees by 20% to collect development impacts
that have not been collecting in the past. Want to increase capacity, including multimodal capacity.
Changes would mean residential fees increase more than commercial. In total, fees may change -11%
for commercial and up to 63% increase for industrial. Fee stack: utility fees, permit fees, plan review
fees, non-City fees, capital expansion fees, etc. Based on median home price of $334K (2015), find
that fees are low among peer cities. Looking at cost of code changes to single family residential; have
seen increase of $5875 since 2009. Fees have been holding steady as percent comparison since 2012.
Conclusion is that it is not these fees alone that are driving up median home sales price. Findings: fee
changes are in line with expectations, timing for updates should be 3-5 years, blended approach to
4 | Page
ATTACHMENT
using insured and cost of construction is preferred. Council Work Session in November with planned
implementation January 2017.
Comments/Q&A
• Curt: Sprawl based is using VMT.
o Matt: Prioritize compact development. Have some sprawl.
• Kristin: Is multifamily considered commercial?
o Matt: Multifamily usually residential; mixed use is commercial.
• Terence: Regarding overall fee increase, sprinklers have added up to $8K per unit.
o Sue: Detached single family homes don’t have sprinklers. This is based on single
family.
• Terence: Already submitting permits for 2017.
o Tiana: Have heard that. Have heard 6 months is better timeline.
o Kristin: Affordable housing really needs more time.
• Jen: Considering phasing in fees?
o Tiana: Have done this in the past.
o Jen: Pretty significant switch between residential and commercial.
• Kristin: Six months would not be enough for affordable housing with complex financing.
o Terence: Budget at least 6 months in advance.
o Sue: With tax credit projects need more time.
o Kristin: A year, minimum. This should also trigger more discussions on fee waivers.
• Curt: Will also have impact on market de-facto affordable housing. Have seen fee increases
lead to construction on larger units, increasing sprawl and negatively impacting affordability.
o Matt: Considering discounts for transit oriented development.
o Kristin: Have development that is set up great for bike and pedestrain, but not transit
oriented. People could live there without a car. Should be considered in VMT
calculations.
Matt: Fees pay for bike trails as well. Trip is a trip.
• Curt: These fees are the same for greenfield as redevelopment/infill. No discount for utilizing
existing infrastructure. Incentivizing building greenfield. Fees should not be the same for
building all new infrastructures.
o Tiana: The concept is that buying into current level of service for all of the existing
assets.
o Noelle: For infill, often putting in higher density. Not about where or how building,
but how building influences demand on City services like fire, parks, government.
• Kristin: Have you seen any examples of doing it differently? Building more efficiency with
more density and infill.
o Dean: For transportation fee, do have process for transit oriented development. Can
show demand is different. Policy decisions to waive fees and backfill. For affordable
housing, Council has discussed backfill to incentivize certain types of development.
Integrity of fee is jeopardized, as are services, if change how fees are assessed.
o Terence: Loveland backfills.
o Sue: Have done rebates and waivers, but those programs are not available right now.
Only Housing Catalyst can get fee waivers for 30% AMI and below. No current BFO
offer for waivers or backfill.
Noelle: In BFO have to forecast revenues and expenses. Revenues were
forecast with old fee structure. Potential for some available funds.
Sue: Have you put forward the intention to use some of increased revenue for
backfill?
• Tiana: Can discuss more.
5 | Page
ATTACHMENT
• Dean: Have to make a choice about level of service to backfill, or find an alternative funding
source. Either shift fee, or lower level of service.
o Tiana: Will have this dialogue with Council at Work Session.
o Dean: Need targeted approach.
• Sue: Opportunity to request funds has passed. Shifting some cost to development?
o Matt: Collecting additional development impacts that we haven’t before. There is
some shift for the transportation capital fund.
o Dean: Full fair share of development should be collected from development.
o Noelle: Not backfilling other fees. Fire fees now are going to pay off bonds used to
finance building. Not making up for deficiencies; just paying for level of service.
• Jen: This is for building itself/asset, not for employees.
o Tiana: correct.
• Jen: When consider the level city is built toward today, there is weight toward insured value.
Also, seem to be voting on funding for rebuilds. Dramatic shift from commercial to
residential is going to hugely impact housing affordability. Cost of construction doesn’t seem
right, but flat average doesn’t either.
• Tiana: Look at these every three to five years. If don’t do anything to assets, but population
goes up, fees will go down. If adding a new building, but population is going down, fees will
go up. Should even out over the long run.
o Noelle: As hit build out, will not be collecting same fees. Will be looking at this
periodically for next 20 years.
• Sue: Have heard implementation timeline is too quick. Need six months for single family
residential, and more time for tax credit multifamily; need waivers; concern that increase
could chill development of affordable housing.
o Terence: Fees go up every year in January, but never call it until January. Would like
more advance notice of changes so can be worked into budgets. Writing contracts and
doing budgets six months before building.
o Tiana: Will also be sending post card to everyone in development community to
notify of opportunities to give input. Economic Advisory Committee is making
formal recommendation for Council packet. AHB can do the same. Due early
November.
• Curt: Didn’t seem all that receptive to input. Justifying decisions already made.
o Sue: Receptive to some concepts the board provided. But changes will shift burden
from commercial to residential.
o Curt: Rationalization?
Kristin: Based on actual cost.
Sue: Found that residential trips are longer than commercial.
Kristin: Planners push VMT as better tool for impact analysis.
Curt: VMT is due to zoning.
ACTION ITEM: Board will draft memo via email and approve at November meeting. Kristin will
write first draft and circulate. Sue will provide draft minutes to board early.
AGENDA ITEM 4: Other Business
Topics & Speakers
• November: Eloise will present draft plan for affordable housing educational campaign.
Land Bank Program Review
6 | Page
ATTACHMENT
• Work Session October 25. Have completed outreach to date. Economic Advisory Committee,
Natural Resources Advisory Board, Planning &Zoning, Youth Activity Board, and CDBG
Commission. Also talked to Board of Realtors. Asking for flexibility in AMI levels, using
AHSP as guidance, use of competitive RFP process, permission to consider mixed income or
mixed use, consider way to sell property that is not usable for affordable housing. Have had a
lot of support for adding flexibility to maximize parcels. Horsetooth is good example. In
College charrette, see that parcel is really constrained, surrounded by affordable housing, and
doesn’t have access to transit, schools, etc. Lot of opportunity there, but not under current
ordinance. Continuing to learn as analyze program. Asking for permission to carefully craft
ordinance changes.
o Kristin: Should have charrette debrief for the board.
o Jeff: If ordinance is changed, any sale would need to be approved by Council. And
Council could make additional changes at that time.
o Sue: Want to tie it to AHSP since that document gets updated.
Council Comments
• Chris (guest): Does this board have interest in making comment on Sunday Transit services?
• Sue: Budget issues and competitive process are possible topics.
• Jen: Will give comment on Sunday service and ranking process.
Terence moved to support Sunday Transit service and have Jen provide this as comment at Council.
Eloise seconded. Motion passed unanimously, 6-0-0.
Meeting Adjourned: 5:53pm
Next Meeting: November 3
7 | Page
ATTACHMENT
Impact Fees Adoption
5/16/17 Capital Expansion, Transportation, Electric Capacity
City Council
ATTACHMENT 6
Impact Fees
2
• Supports the cost of providing
additional infrastructure to support
new development
Why We
Have Them
• Can only be used for the stated
purpose of each fee;
• Revenue source to build new
infrastructure
How We Use
Them
ATTACHMENT 6
Capital Expansion Fee
Two Methodologies
3
How we Calculate CEFs How we Use CEFs
What
makes
Fort
Collins
Great!
Plan-Based =
Future cost of
Planned Capital
Needs
New Development
pays a
proportional share
of future cost
Level of Service =
Current Value of
Infrastructure
New Development
“buys-in” to the level of
service
Proportional Share
Revenues collected used
to pay for additional
assets needed for
growth
Helps Maintain the
Level of Service
ATTACHMENT 6
Capital Expansion Fees
Alternative 1-Twin Silos Removed
Ø Methodology:
Ø Level of Service – no change
Ø Updated asset values to
current replacement cost
Ø Updated Population and
dwelling units
Ø Increase driven by
construction & land cost
Ø Park Fees driving 75% of
increase
4
N'hood Comm. Gen.
Land Use Type Unit
Park Park Fire Police Gov't
Updated Fees
Resid., 1,201-1,700 sf Dwelling $2,616 $3,411 $739 $347 $845 $7,958
Resid., 1,701-2,200 sf Dwelling 2,644 3,446 751 352 858 8,051
Resid., over 2,200 sf Dwelling 2,947 3,841 836 392 955 8,971
Commercial 1,000 sf 0 0 633 297 1,451 2,381
Office and Other Services 1,000 sf 0 0 633 297 1,451 2,381
Industrial/Warehouse 1,000 sf 0 0 148 69 342 559
Change
Resid., 1,201-1,700 sf Dwelling 774 1,849 344 149 380 3,496
Resid., 1,701-2,200 sf Dwelling 725 1,818 341 146 371 3,401
Resid., over 2,200 sf Dwelling 891 2,098 396 172 432 3,989
Commercial 1,000 sf 0 0 294 128 648 1,070
Office and Other Services 1,000 sf 0 0 294 128 648 1,070
Industrial/Warehouse 1,000 sf 0 0 68 28 154 250
Percent Change
Resid., 1,201-1,700 sf Dwelling 42% 118% 87% 75% 82% 78%
Resid., 1,701-2,200 sf Dwelling 38% 112% 83% 71% 76% 73%
Resid., over 2,200 sf Dwelling 43% 120% 90% 78% 83% 80%
Commercial 1,000 sf 87% 76% 81% 82%
Office and Other Services 87% 76% 81% 82%
Industrial/Warehouse 1,000 sf 85% 68% 82% 81%
CEF
Sub-
Total
ATTACHMENT 6
Transportation Capital
Expansion Fees – Option A
5
Ø Methodology:
Ø Plan Based – no change
Ø Change in Calculation:
Ø Trip Generation to Vehicle Miles
Traveled
Ø Option A - Updated to include
Current City Capital
Improvement Plan
Ø Increases Residential &
Industrial and Lowers Comm.
ATTACHMENT 6
Rationale for Change in
Calculation & Fee increase
6
Calculation Change – modified to include trip length
• Impact on transportation system is more accurately measured by miles
traveled than number of trips
• Results in better proportionality and fairness
• Does not increase overall revenue – raises residential/lowers commercial
Fee Increase From Current Capital Improvement Plan (~20%)
• Current fee does not account for impact of development on existing system
• Adds proportional costs to build entire system (bike plan / ped plan / existing
intersections)
ATTACHMENT 6
Utility Fees:
Electric Capacity Fee
7
Methodology – Change from Plan-Based to “Buy-In”
Rational: Shift in costs from residential to commercial based on demands
on system infrastructure
-60%
-40%
-20%
0%
20%
40%
60%
80%
100%
% Change Being Proposed to ECF % of Projects Developed in 2016
Single Family
Multi-family
Mixed Use
Commercial
ATTACHMENT 6
Utility Fees:
Electric Demand by Rate Class
8
Rate Class
% Total
Customers % Total Demand
Commercial - small 9.9% 10.6%
Commercial - medium 0.8% 4.9%
Commercial - large 0.7% 21.3%
Industrial 0.0% 19.0%
Residential 88.6% 44.2%
Total 100.0% 100.0%
ATTACHMENT 6
Neighboring Community
Fee Comparison*
9
*Includes CEFs, Transportation, Utility PIFs,
excludes Raw Water, Building Permit Fees
Level of Service Higher in Fort Collins
Fort Collins Fees Consistent with Neighboring Communities…
Level of Service Higher in Fort Collins
ATTACHMENT 6
Fee Comparison:
For Median New Home Sales Price $437K
10
Fort Collins
Without Raw Water, Fort Collins Fees Moving to the Middle of the Pack
ATTACHMENT 6
Combined Fees
Alternative 1
11
Electric Total $ Change % Change
Land Use Type Unit
Capacity
Fees
CEFs +
Transp
Current vs
Updated
Current vs
Updated
Updated Fees
Resid., up to 700 sf Dwelling $5,436 $2,205 $1,349 $8,990 $1,808 25%
Resid., 701-1,200 sf Dwelling 7,291 4,095 1,443 12,829 4,376 52%
Resid., 1,201-1,700 sf Dwelling 7,958 5,317 1,537 14,812 4,819 48%
Resid., 1,701-2,200 sf Dwelling 8,051 6,217 1,708 15,976 5,526 53%
Resid., over 2,200 sf Dwelling 8,971 6,664 1,879 17,514 6,463 58%
Commercial 1,000 sf 2,381 8,113 170 10,664 -2,880 -21%
Office and Other Services 1,000 sf 2,381 5,977 227 8,585 -789 -8%
Industrial/Warehouse 1,000 sf 559 1,929 1,986 4,474 1,939 76%
CEF
Sub-
Total
Transp.
Option
A
ATTACHMENT 6
3 Step Phasing Over 27 Months
Alternative 1
12
*These numbers do not include inflation estimates. Fees will be adjusted annually for CPI and CCI indices
• Capital Expansion Fees - 3 steps beginning Oct 1
• Transportation CEFs - 2 steps…Option B then Option A
• Electric Capacity – 1 step beginning Oct 1
Phasing Recommendation:
Current 1-Oct-17 1-Jan-19 1-Jan-20 % Change % Change % Change
Land Use Type Fees Step 1 Step 2 Step 3 Step 1 Step 2 Step 3
Updated Fees
Resid., up to 700 sf $7,182 $7,091 $8,229 $8,990 -1.3% 16% 9%
Resid., 701-1,200 sf 8,453 9,958 11,745 12,829 18% 18% 9%
Resid., 1,201-1,700 sf 9,993 11,568 13,647 14,812 16% 18% 9%
Resid., 1,701-2,200 sf 10,450 12,642 14,842 15,976 21% 17% 8%
Resid., over 2,200 sf 11,051 13,711 16,184 17,514 24% 18% 8%
Commercial 13,544 8,559 10,307 10,664 -37% 20% 3%
Office and Other Services 9,374 6,846 8,229 8,585 -27% 20% 4%
Industrial/Warehouse 2,535 3,976 4,390 4,474 57% 10% 2%
ATTACHMENT 6
Alternative 2
Implement Modified Fee Proposal Now
• 75% of Proposed CEF
• Option B for Transportation CEF
• Electric Capacity Fee as proposed
13
Form Citizen/Staff Working Team
• Understand why City has fees and how they’re used
• Understand inputs & calculations
• Evaluate methodology & alternatives
ATTACHMENT 6
Capital Expansion Fees
@ 75% of Proposed
14
N'hood Comm. Gen. CEF
Land Use Type Unit
Park Park Fire Police Gov't Sub-
Total
Updated Fees
Resid., 1,201-1,700 sf Dwelling $1,962 $2,558 $554 $260 $634 $5,969
Resid., 1,701-2,200 sf Dwelling 1,983 2,585 563 264 644 6,038
Resid., over 2,200 sf Dwelling 2,210 2,881 627 294 716 6,728
Commercial 1,000 sf 0 0 475 223 1,088 1,786
Office and Other Services 1,000 sf 0 0 475 223 1,088 1,786
Industrial/Warehouse 1,000 sf 0 0 111 52 257 419
Change
Resid., 1,201-1,700 sf Dwelling 120 996 159 62 169 1,507
Resid., 1,701-2,200 sf Dwelling 64 957 153 58 157 1,388
Resid., over 2,200 sf Dwelling 154 1,138 187 74 193 1,746
Commercial 1,000 sf 0 0 136 54 285 475
Office and Other Services 1,000 sf 0 0 136 54 285 475
Industrial/Warehouse 1,000 sf 0 0 31 11 69 110
Percent Change
Resid., 1,201-1,700 sf Dwelling 7% 64% 40% 31% 36% 34%
Resid., 1,701-2,200 sf Dwelling 3% 59% 37% 28% 32% 30%
Resid., over 2,200 sf Dwelling 8% 65% 43% 34% 37% 35%
Commercial 1,000 sf 40% 32% 36% 36%
Office and Other Services 40% 32% 36% 36%
Industrial/Warehouse 1,000 sf 39% 26% 36% 36%
ATTACHMENT 6
Transportation CEF
Option B
15
Ø Methodology:
Ø Plan Based – no change
Ø Change in Calculation:
Ø Trip Generation to Vehicle Miles
Traveled
Ø Option B - Updated plan based
on portion of CIP
Ø Excludes existing arterial intersection
improvements and portions of Bike and
Ped Plans. Revenue Neutral.
Ø Increases Residential &
Industrial and Lowers Comm.
$ Change % Change
Land Use Type Unit
Current
vs
Updated
Current
vs
Updated
Updated Fees
Resid., up to 700 sf Dwelling $1,827 -$78 -4%
Resid., 701-1,200 sf Dwelling 3,392 1,249 37%
Resid., 1,201-1,700 sf Dwelling 4,404 1,292 29%
Resid., 1,701-2,200 sf Dwelling 5,150 2,038 40%
Resid., over 2,200 sf Dwelling 5,520 2,408 44%
Commercial 1,000 sf 6,721 -5,209 -78%
Office and Other Services 1,000 sf 4,951 -2,809 -57%
Industrial/Warehouse 1,000 sf 1,598 468 29%
Transp.
Option
B
ATTACHMENT 6
Alternative 2 Summary
• CEFs @ 75% of Proposed
• Option B for Transportation CEF
• Electric Capacity Fee as proposed
• No Phasing
16
CEF Electric Total $ Change % Change
Land Use Type Unit
Sub-
Total
Capacity
Fees
CEFs +
Transp
Current vs
Updated
Current vs
Updated
Updated Fees
Resid., up to 700 sf Dwelling $4,077 $1,827 $1,349 $7,253 $71 1%
Resid., 701-1,200 sf Dwelling 5,468 3,392 1,443 10,303 1,851 22%
Resid., 1,201-1,700 sf Dwelling $5,969 4,404 1,537 11,910 1,917 19%
Resid., 1,701-2,200 sf Dwelling 6,038 5,150 1,708 12,896 2,447 23%
Resid., over 2,200 sf Dwelling 6,728 5,520 1,879 14,127 3,077 28%
Commercial 1,000 sf 1,786 6,721 170 8,677 -4,868 -36%
Office and Other Services 1,000 sf 1,786 4,951 227 6,964 -2,410 -26%
Industrial/Warehouse 1,000 sf 419 1,598 1,986 4,003 1,468 58%
Transp.
Option
B
ATTACHMENT 6
Alternative 1 and 2 Comparison
17
Alternative 1
Alternative 2
ATTACHMENT 6
Alternative 1 and 2
Comparison Phasing
18
Alternative 1
Alternative 2
Current 1-Oct-17 % Change
Land Use Type Fees Step 1 Step 1
Updated Fees
Resid., up to 700 sf $7,182 $7,253 1%
Resid., 701-1,200 sf 8,453 10,303 22%
Resid., 1,201-1,700 sf 9,993 11,910 19%
Resid., 1,701-2,200 sf 10,450 12,896 23%
Resid., over 2,200 sf 11,051 14,127 28%
Commercial 13,544 8,677 -36%
Office and Other Services 9,374 6,964 -26%
Industrial/Warehouse 2,535 4,003 58%
N/A N/A N/A N/A
ATTACHMENT 6
Summary
19
1. Alternative 1: (October 1, 2017 – January 1, 2020)
• Capital Expansion Fees as proposed, phased in 3 steps over 27 months with
Twin Silos removed from calculations
• Transportation Capital Expansion Fees phased in 2 steps over 15 months,
with Option B first, then Option A
• Electric capacity fees effective immediately
2. Alternative 2: (End of May, 2017-October 2017)
• CEFs @ 75% of Proposed
• Option B for Transportation CEF
• Electric Capacity Fee as proposed
• Working group works through informed consent, alternatives
ATTACHMENT 6
Backup
20
ATTACHMENT 6
Fire Fee Calculations
Fire Fees Based on:
Land + Building + Vehicle Cost
- Debt x FC Share of Calls
City’s Functional Pop
Police Fees Based on:
Land + Building + Vehicle Cost - Debt
City’s Functional Pop
General Government Fees Based on:
Land + Building - Debt
City’s Functional Pop
21
Fire Fee Calculation:
Asset values
reflect higher
construction
cost
Population
and dwelling
units per
latest Census
Added assets
with new fire
stations
Increase in Construction/Asset Values Driving Fee Increase….
Fire, Police & Government Fees Pay a Portion of New Infrastructure
Increase in Construction/Asset Values Driving Fee Increase….
Fire, Police & Government Fees Pay a Portion of New Infrastructure
Total Replacement cost of stations,
apparatus, admin, training facilities
Functional population
ATTACHMENT 6
Parks Fee Calculations
Parks Fees Based on:
• Neighborhood Parks :
• Radiant (2013)
• Waters Way (2012)
• Registry (2012)
• Community Parks :
• Spring Canyon (2006)
• Fossil Creek (2003)
22
Parks Fee Calculation:
Asset values
reflect higher
construction
cost
Population
and dwelling
units per
latest Census
Land values
reflect higher
land cost
Increase in Construction & Land Values Driving Increase….
Parks Fees Pay All Capital Needs for New Parks
Average Cost/Acre of Last 2-3 Parks
Equivalent Dwelling Units
ATTACHMENT 6
Parks Fees:
Construction Cost Increase
23
• Worked with Ditesco Engineering Firm to evaluate current cost estimates for Spring Canyon and
Fossil Creek to build same level of park based on their design standards
Neighborhood Park Development Cost per Acre
Original Current Cost/
Park/Year of Construction Cost Cost Acres Acre 2016
Radiant Park/2013 $2.2M $2.5M 10.00 $265K
Waters Way Park/2012 $1.9M $2.1M 10.00 $226K
RegistryPark/2012 $1.7M $1.8M 7.10 $274K
Weighted Average $5.8M $6.3M 27.10 $253K
Community Park Development Cost per Acre
Original Current Cost/
Park/Year of Construction Cost Cost Acres Acre 2016
Spring Canyon Park/2006 $12.5M $17.9M 103.0 $200K
Fossil Creek Park/2003 $9.3M $12.7M 99.5 $154K
Weighted Average $21.9M $30.6M 202.5 $177K
ATTACHMENT 6
Typical Park Elements
24
Community Parks
• Large Recreation Facilities
• Small/Specialty Recreation Facilities
• Dog Park
• Destination Playground
• Multi-Purpose Fields
• Passive Green Space
• Restrooms
• Shelters
• Walks/Trails
• Raw Water Irrigation Pond
• Naturalistic Features
• Unique Elements
• Parking/Drives
Neighborhood Parks
• Multi-purpose Green/Fields
• 1 Small/Specialty Recreation Facility
• 1 Restroom
• 1 Shelter
• Playground
• Walks
• Raw Water Irrigation Pond (if feasible)
ATTACHMENT 6
Typical Community Park Elements
25
Twin
Silo
Spring
Canyon
Fossil
Creek
Rolland
Moore Edora
Lee
Martinez City
Large Recreation Facilities 3T, 2B 3T, 2B 5T, 2B 4T, 2B 6T, 2B 4T, 2B 3T, 2B
Small/Specialty Recreation
Facilities
BMX,
4 PB
3BB, SP, 2 SV,
VB, MBP, BMX
2BB, 1 SP,
Hockey
5BB, 1PB, 4SV,
2H, 3R
35H, Disc Golf,
SP
3BB BB, 2H
Dog Park 1 acre 2 acre 1 acre None None None None
Destination Playground 1 1 1 1 1 1 1.5
Multi-Purpose Fields 10.4 acres 18.3 acres 6.3 acres 16 acres None None 6 acres
Passive Green Space 6.2 acres 8 acres 8.7 acres 1.8 acres 5.5 acres 18 acres 23.3 acres
Restrooms 2 3 3 2 2 2 1
Shelters 1G 5G, 3P 2G, 1P 4G 1G, 3P 1G 7G, 3P
Walks/Trails 2.7 miles 2.5 miles 1.3 miles 1.5 miles 0.5 miles 1.8 miles 1.5 miles
Raw Water Irrigation Pond 3 acres 1.5 acres 11 acres 2 acres 1.5 acres 9.3 acres 14.5 acres
Naturalistic Features Creek Play, Native
Areas
Native Areas Native Areas Creek Edge Creek Edge Native Areas Lake Edge
Unique Elements Harvest Room,
Orchard, Trellis, CG
Spray Park Water Feature CG CG Fitness Stations Pool, Fitness Stations,
Train
Parking / Drives 232 + 729 (school) 439 spaces 453 spaces 418 spaces 427 spaces 73 spaces 756 spaces
Legend: T- Tennis B-Ballfield BB-Basketball SP-Skate Park SV-Sand Volleyball PB-Picklelball R-Racquetball MBP – MtnBike Park H-Horseshoe
BMX – Bike Race CG-Community Garden G-Group Shelter P-Picnic Shelter
ATTACHMENT 6
Typical Neighborhood Park Elements
26
2013
Radiant
2012
Registry
2011
Waters
Way
2004
Soft
Gold
2004
Westfield
2003
Homestead
2001
Harmony
2000
Cottonwood
Glen
1999
Stewart
Case
1997
Miramont
Multi-Purpose
Green/Fields 3.3 acres 2 acres 4 acres 4.8 acres 5 acres 2.5 acres 3 acres 5.8 acres 6 acres 3.5 acres
1 Small/Specialty
Recreation Facility
None 1/2BB,
1/2 T
1BB, 1
SP
1B, 2BB,
BMX
3T, 1B 2BB 2B 2BB, 1B 1BB, 1B 1BB
1 Restroom ü ü ü ü ü ü ü ü ü ü
1 Shelter ü ü ü ü ü ü ü ü ü ü
Playground ü ü ü ü ü ü ü ü ü ü
Walks
0.8 miles 0.8 miles 1 mile 0.5 miles 0.5 miles 0.5 miles 0.5 miles 1 mile 0.5 miles 0.8 miles
Raw Water
Irrigation Pond
(if feasible)
None None 31 acres 1 acre 0.8 acres None 1 acre 1.5 acres 1 acre 1 acre
Legend: T- Tennis B-Ballfield BB-Basketball SP-Skate Park SV-Sand Volleyball BMX – Bike Race
ATTACHMENT 6
27
($000’s) Twin Silo Spring Canyon Fossil Creek
Large Recreation Facilities $1,642 $879 $1,524
Small/Specialty Recreation Fac. 476 723 602
Dog Park 176 198 45
Destination Playground 1,326 1,095 564
Multi-Purpose Fields 803 1,630 889
Passive Green Space 775 1,839 867
Restrooms 1,150 894 965
Shelters 325 545 412
Walks/Trails 708 1,482 1,262
Raw Water Irrigation Pond 235 414 195
Naturalistic Features 708 728 195
Unique Elements 820 201 444
Parking/Drives 2,150 2,181 1,298
TOTAL - PARK ELEMENTS $11,294 $12,809 $9,262
Community Park Element
Construction Costs
Spring Canyon and
Fossil Creek Park
values are based
on 2016 estimated
replacement costs
Twin Silo Park
values are actual
construction costs
ATTACHMENT 6
Community Park Construction Costs
28
($0,000s) Twin Silo Spring Canyon Fossil Creek
Park Elements $11,294 $12,809 $9,262
Contractor Fees 883 550 705
Development Fees 1,947 484 565
Design Fees 891 1,456 1,203
Raw Water 771 2,600 971
TOTAL $15,786 $17,899 $12,706
Note: All values provided are estimated costs to construct each park in 2016.
ATTACHMENT 6
Neighboring Communities – Park Comparisons
NRPA* Fort Collins Loveland Boulder Longmont Greeley Windsor Wellington Arvada
Estimated Population 161,000 75,182 107,167 90,000 101,100 24,500 8,500 113,326
Number of Parks 60 35 65 42 40 16 8 109
Existing Acres of Park 1,025 492 1,173 453 752 184 110 1,747
Average Residents Per Park 2,266 2,683 2,148 1,649 2,143 2,528 1,531 1,063 1,040
Acres of Parkland/1,000 Residents 9.6 6.4 5.75 10.9 5.0 NA 7.5 12.9 15.4
Projected Acres of Parkland/1,000
Residents at City Build Out 5.1 9.6 9.8 41.0
Impact Fee for New Park
Development Yes Yes Yes Yes Yes Yes
Park Impact Fees $3,424.50 $5,561.00 $4,010.00 $3,974.50 $2,478.00 $2,481.00
*2017 National Recreation & Parks Association Benchmark
ATTACHMENT 6
30
Option A – Based on the City’s current Capital Improvement Plans,
includes the proportionate cost attributable for mitigation of the impacts
of new development on the transportation system, including new streets,
intersection improvements, and multi-modal improvements
Transportation Capital Expansion Fee
Examples:
• Portions (~60%) of “build-out” of complete streets in Master Street Plan.
(Suniga, Mountain Visa, Trilby Extension, Sharp Point, etc.)
• Portions (~12%) of improvements to existing arterial intersections
• Portions (~12%) of the Bicycle Master Plan (low stress network, etc.) and
Pedestrian Master Plan (missing connections, etc.)
ATTACHMENT 6
31
Transportation Capital Expansion Fee
Option B – Based on the City’s current Capital Improvement Plan
without the proportionate cost attributable for mitigation of the impacts of
new development.
ü Does not increase program revenue
ü Provides approximately 80% of necessary funding to
mitigate proportional impacts of development
ATTACHMENT 6
Rationale for Change in Methodology
Electric
32
The current method is:
• Difficult to explain - cost allocation
methodology
• Designed for “green field” development
• Uses planning assumptions instead of real
data
The proposed method is:
• More transparent and understandable
• Properly accounts for demands on
infrastructure
• Utilizes actual data – more accurate
demand based cost allocation
Single Family 21 $532K $258K -$273K
Multi-family 8 $1745K $1246K -$499K
MixedUse 3 $252K $438K $187K
Commercial 48 $1748K $2517K $768K
2016 ECF Projects
by Type
Number of
Projects in 2016
ECF (Current
Method)
ECF (Proposed
Method)
Change
(Proposed Less
ATTACHMENT 6
Utility Fees:
New Development Electric Capacity
33
ATTACHMENT 6
Utility Fees:
Re-development Electric Capacity
34
Customer Type
(Sample
projects) Example Re-develoment
Existing ECF
($)
Proposed ECF
($)
Difference
($)
Percent
Change
Residential
Upgrade from 150 to 200
amps $ 875.00 $ 328.55 $ (546.45) -62%
Commercial
Upgrade from 600 amps to
800 amps (208v) $ 5,065.84 $ 9,825.17 $ 4,759.33 94%
Commercial
Upgrade from 200 amps to
400 amps (208v) $ 5,065.80 $ 9,378.47 $ 4,312.67 85%
Commercial
Upgrade from 1000 amps
at 240v to 1000 amps
208v $ 8,455.48 $ 16,547.00 $ 8,091.52 96%
ATTACHMENT 6
Fort Collins Cost of Code
35
$5,875
2015 IRC: Currently being finalized, no
significant cost changes expected
2012 IRC: Underfloor framing fire protection
2012 Green Code (Local Amendments):
Resource, energy and water efficiencies,
indoor environment quality, operations,
maintenance and education
2009 IRC: Additional insulation required for
electric heat homes
ATTACHMENT 6
Fort Collins Fee Stack
Median Home Sales*
36
*Home Sales from
IRES Report,
Everitt Real Estate
Center, CSU
ATTACHMENT 6
Peer Cities
Median Sales Comparison with Fees
37
ATTACHMENT 6
Fort Collins Fee Stack
Median New Home Sales*
38
*New Home Sales from
Metrostudy Market
Reports 2016
Fort Collins Fees & Code Cost Impact is Declining %
of Average New Home Sales Price
Fort Collins Fees & Code Cost Impact is Declining %
of Average New Home Sales Price
ATTACHMENT 6
Public Outreach
39
Future Fee Updates Will Include Work Group of City Staff, Council, Public
ATTACHMENT 6
What We Heard….
Boards and Commissions
40
Parks & Rec
Concerned
about housing
affordability
Level of
service of
parks has
increased
dramatically
Economic
Advisory
Commission
In support of
fees
Concerns
about funding
gap
Affordable
Housing
Board
Increases will
“Chill”
affordable
housing
projects
Want more
lead time
before fees
are effect. (6+
months)
Human
Relations
Commission
Need to
incentivize
smaller units
Shouldn’t be
burdening
residential
over comm.
Housing
Catalyst
Big concerns
on affordable
housing
> Lead time
for implement.
of fees
Want fees
phased in
over time
ATTACHMENT 6
What We Heard….
Business Community
41
Chamber
MF hit hardest, will
impact what gets
developed
Concerns about cost
of doing business in
FC
Fees increases
phased in over time
NoCO
Homebuilders
Asked for more lead
time
Disagree with how
land value is
assessed
Increased housing
drives developers
out
Board of
Realtors
Huge impacts to
MF, this will dis-
incentivize smaller
units
Want more lead
time before fees are
effect. (6+ months)
Downtown
Development
Authority
Concerns about
impacts to small
businesses
Would like a waiver
process for
affordable housing
Developers already
feel fees are high
North Fort
Collins
Business
Assn
Perceptions of City
“gold-plating”
assets/infrastructure
City needs to
establish standards
for assets
Huge impacts to
housing affordability
ATTACHMENT 6
Population
42
Percent
Housing Type 2000 Current Change
Single-Family, Detached/Attached/MH 2.74 2.66 -2.92%
Multi-Family 1.91 1.93 1.05%
Total 2.45 2.43 -0.82%
Average HH Size
2016 2012
Average Average
Housing Type Unit HH Size HH Size
Single-FamilyDetached Dwelling 2.75 2.76
Multi-Family Dwelling 1.93 1.85
Residential,up to 700 sq. ft. Dwelling 1.78 1.86
Residential,701-1,200 sq. ft. Dwelling 2.40 2.38
Residential,1,201-1,700 sq. ft. Dwelling 2.61 2.62
Residential,1,701-2,200 sq. ft. Dwelling 2.65 2.73
Residential,over 2,200 sq. ft. Dwelling 2.95 2.93
ATTACHMENT 6
Methodology
Peer Cities
43
With a Few Exceptions, Peer Cities Currently All Have
Similar Methodology
ATTACHMENT 6
Consumer Price Index (CPI) vs
Construction Cost Index (CCI)
Recent CPI and CCI Indices Don’t Indicate Cost Inflation 44
Despite Perceived Rising Construction Costs In Front Range
Recent CPI and CCI Indices Don’t Indicate Cost Inflation
*Source for CPI =
Bureau of Labor
Statistics, Denver-
Boulder-Greeley
Source for CCI =
Engineering News
Record, Denver
ATTACHMENT 6
45
Fee Coordination
Objective & Timeline
Objective:
1. Bring fees forward for review together to provide holistic view of the impact
2. Detailed fee study analysis every 4 years for CEF, Transportation & Development fees
3. Detailed fee study analysis every 2 years for Utility fees
4. Conduct fee study analysis in the odd year before BFO
2018 2019 2020
Phase I - Impact Fees QII QIII QIV QI QII QIII QIV QIV QIV QIV QIV
Capital Expansion Fees Index Adopt Index Index Index Index Study Adopt
StreetOversizings Index Adopt Index Index Index Index Study Adopt
Utility PIF & Fees Adopt All Adopt Study Adopt
Phase II - Impact & Development Fees
Utility PIF & Fees Adopt
Development Fees Adopt Study Adopt
Phase III - Administrative Fees
Administrative Fees Evaluation Adopt Adopt
Wet Study
2021
Electric& CIL
Fee Study
Fee Study
Fee Study
2016 2017
ATTACHMENT 6
-1-
ALTERNATIVE 1
ORDINANCE NO. 049, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 7.5, 8 AND 24 OF THE CODE OF THE CITY OF FORT
COLLINS CONCERNING REVISIONS TO TERMINOLOGY AND DECREASES AND
PHASED INCREASES OF THE CAPITAL EXPANSION FEES AND AMENDING
SECTION 3.3.2(G) OF THE LAND USE CODE TO REVISE RELATED TERMINOLOGY
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 establish impact
fees for such development; and
WHEREAS, the City Council has determined that new development should contribute its
proportionate share of providing the capital improvements that are typically funded with impact
fees; 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, in early 2016, City staff initiated a comprehensive review of its various
impact fees now charged to new development, including its community parkland, neighborhood
parkland, police, fire protection, general government and street oversizing capital improvement
expansion fees (collectively, “Capital Expansion Fees”); and
WHEREAS, as a result of that review, the City commissioned an impact fee study for the
community parkland, neighborhood parkland, police, fire protection and general government
capital improvement expansion fees that has resulted in the “Capital Expansion Fee Study” dated
August 2016, which has identified the need to increase such Capital Expansion Fees by various
amounts; and
WHEREAS, the City also commissioned an impact fee study for the street oversizing
capital improvement expansion fee that has resulted in the “Transportation Capital Expansion
Fee Study” dated April 2017, which has also identified the need to increase and decrease the
street oversizing capital expansion improvement fees by various amounts depending on the type
of development proposed; and
WHEREAS, City Council has decided to phase in the fee increases beginning on October
1, 2017; and
-2-
WHEREAS, in addition, some of the terminology used in Chapters 7.5, 8, and 24, and
used in Section 3.3.2(G) of the Land Use Code, is also being revised; and
WHEREAS, the City Manager is directed to form a working-group of City staff and
community stakeholders to review future changes to the City’s Capital Expansion Fees and to
present the recommendations of that working-group to the Council with any such proposed
changes; and
WHEREAS, for the foregoing reasons, the City Council has determined that it is in the
best interest of the City and its citizens and necessary for the protection of the public’s health,
safety and welfare, that the Capital Expansion Fees be decreased and increased as hereafter
provided.
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 title of Section 7.5, Article II is hereby amended to read as
follows:
ARTICLE II. - CAPITAL IMPROVEMENT EXPANSION FEES
Section 3. That Section 7.5-16 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-16. - Intent.
The provisions of this Article are intended to impose certain fees to be collected at the time of
building permit issuance in an amount calculated as shown herein for the purpose of funding the
provisions of additional capital improvements as the City's population increases. The imposition
of said fees is intended to regulate the use and development of land by ensuring that new growth
and development in the City bear a proportionate share of the costs of capital expenditures
necessary to provide community parkland, police, fire protection and, general government,
neighborhood parkland and transportation capital improvements. Said fees shall not be used to
collect more than is necessary to fund such capital improvements. The fees provided for in this
Article are based on the City's Capital Improvement Expansion Cost Fee Study, dated May 21,
1996August 2016, as amended; the City's Street Oversizing Impact Fee Study , dated July 15,
1997, and Street Oversizing Impact Fee Study Update, dated November 28, 2000, as amended;
and The ITE Trip Generation Manual, 6th Edition, 1997, published by the Institute of Traffic
Engineers, as amended, City’s Transportation Capital Expansion Fee Study dated April 2017, as
amended, which establish a fair and equitable allocation of costs and recognize past and future
payments for new development, as well as credits for construction, dedication of land or cash
contributions. Funds collected from said fees shall not be used to remedy existing deficiencies,
but only to provide new capital improvements which are necessitated by new development. The
amount of revenue generated by said fees shall not exceed the cost of providing the capital
-3-
improvements for which they are imposed, and the same shall be expended solely to provide the
specified capital improvements.
Section 4. That Section 7.5-17 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-17 Definitions.
. . .
Capital expansion fee(s) shall mean individually and collectively the fees established in
§§ 7.5-28, 7.5-29, 7.5-30, 7.5-31, 7.5-32 and 7.5-71.
Capital improvements shall mean the purchase or long-term lease or lease-purchase of
real property, the construction of public facilities or the purchase or long-term lease or
lease-purchase of equipment or materials needed to facilitate the operation of such
facilities or the delivery of services therefrom, to the extent that such property,
improvements, equipment or materials are identified in the City's capital improvements
plan as being totally or partially financed by the imposition of capital improvement
expansion fees. For the purposes of this provision, long-term lease or lease-purchase
shall mean a lease or lease-purchase of not less than five (5), subject to annual
appropriation. Amounts expended for capital improvements shall include amounts that
are treated as capitalized expenses according to generally accepted accounting principles
and shall not include costs associated with the operation, administration, maintenance or
replacement of capital improvements.
. . .
Transportation expansion fee shall mean the fee established in § 7.5-32.
Street oversizingTransportation improvements shall mean those capital improvements
needed to construct arterial or collector streets in the City as shown onin the City’s
adopted of Fort Collins Master Street Plan, as amended, excluding the local street
portions of such streets. Street oversizing improvements shall include, without limitation,
the following capital improvements as described in said Master Street Plan or as
described in the City’s adopted Bicycle Master Plan and Pedestrian Master Plan, as these
plans may be hereafter amended: right-of-way acquisition; vehicle and bicycle lanes;
curbs, gutters and other drainage structures; pedestrian ways; traffic control devices and
signals; medians and median landscaping; and transit facilities, including, without
limitation, transit stops and rolling stock, to the extent that such transit facilities are
reasonably necessary to expand the City's transit system so as to provide transit services
to feepayers, as that term is defined in § 7.5-17. However, transportation improvements
shall not include the local street portion and related capital improvements required for a
developed parcel under this Code and the Land Use Code.
Section 5. That Section 7.5-18 of the Code of the City of Fort Collins is hereby
amended to read as follows:
-4-
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
the transportation expansion fee shall be determined on the basis of square footage for residential
developments and based on type of use for other developments. The amount of each capital
expansion fee, except for the street oversizing capital improvementtransportation 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 improvementtransportation
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.
Section 6. That Section 7.5-19 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-19. - Imposition, computation and collection of fees.
(a) Payment of the fees imposed under the provisions of this Article shall be required as a
condition of approval of all development in the City for which a building permit is required.
The amount of such fees has been calculated using current levels of service and the data and
methodologies described in the City’s Capital Improvement Expansion FeeCost Study, dated
May 21, 1996 August 2016, as amended; the City's Street Oversizing Impact Fee Study,
dated July 15, 1997, and Street Oversizing Impact Fee Study Update, dated November 28,
2000, as amended; and The ITE Trip Generation Manual, 6th Edition, 1997, published by
the Institute of Traffic Engineers, as amended. and the City’s Transportation Capital
Expansion Fee Study dated April 2017, as amended. The fees due for such development
shall be payable by the feepayer to the Building Official prior to or at the time of issuance of
the first building permit for the property to be developed, except to the extent that an
agreement deferring all or any portion of such payment has been executed by the City
providing for a different time of payment approved by the City Council by resolution. If,
during the period of any such deferral, the amount of the deferred fee is increased by
ordinance of the City Council, the fee rate in effect at the time of payment shall apply. If the
building permit for which a fee has been paid has expired, and an application for a new
building permit is thereafter filed, any amount previously paid for a capital improvement
expansion fee and not refunded by the City shall be credited against any additional amount
due under the provisions of this Article at the time of application for the new building
permit.
. . .
-5-
Section 7. That Section 7.5-20 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-20. - Offsets and credits.
(a) The City shall offset the reasonable costs of any capital improvements constructed, or real
property dedicated, by or on behalf of any property owner or developer of real property from
whom a fee is due and payable under this Article for that category of capital improvement,
pursuant to the following requirements and any additional administrative regulations that
may be established by the City Manager:
(1) No offset or credit shall be given for the dedication or construction of capital
improvements not shown on the City's capital improvements plan, or, in the case of the
street oversizing capital improvementtransportation expansion fee, for any capital
improvement other than a street oversizingtransportation improvement, unless
otherwise agreed to by the City.
. . .
(4) A property owner or developer claiming entitlement to an offset or credit shall apply for
the same prior to or at the time of application for the issuance of any building permit for
the development in question, which application shall be on a form provided by the City
for such purpose. Upon receipt of such application, the Financial Officer or, in the case
of the street oversizing capital improvement feetransportation expansion fee, the City
Engineer, shall determine, in writing, the maximum value of the offset or credit that
may be applied against fees due and payable from the applicant.
. . .
Section 8. That Section 7.5-22 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-22. - Use of fee proceeds.
(a) The fees collected for each category of capital improvement specified in Division 2 of
this Article shall be used to finance or to recoup the costs of any capital improvements identified
in the applicable capital improvements plan, except that fees collected for street
oversizingtransportation improvements shall be used only to finance or recoup the costs of such
improvements. Eligible costs which may be paid from revenues derived from such fees may
include, without limitation, planning, design, surveying, permitting and engineering feescosts;
the cost of purchasing or leasing real property; construction costs; other capital improvement
costs; and the costs of administering the capital improvement expansioncollection and
expenditure of the fees program. The proceeds of such fees may also be used to pay the principal
sum and interest and other finance costs on bonds, notes or other obligations issued by or on
behalf of the City to finance such capital improvements. The City shall be entitled to retain four
(4) percent of the fees collected under this Article to cover the costs associated with the
collection of the same, and the administration, investment, accounting, expenditure and auditing
of the funds collected.
-6-
(b) Fees collected under the provisions of this Article shall not be used to pay for any of the
following expenses:
(1) Costs incurred for the construction, acquisition or expansion of capital
improvements or assets other than those identified in the applicable capital improvements
plan or in the case of the street oversizing capital improvementtransportation expansion
fee, any capital improvement other than a street oversizingtransportation improvement;
(2) Costs incurred for the repair or maintenance of existing or new capital
improvements or facilities expansions; or
(3) Costs incurred for the ongoing administration or operation of the funded and
constructed capital improvements.
(c) Annually, the City Manager shall present to the City Council a proposed capital
improvement program for each capital improvement for which a capital improvement expansion
fee is charged. Such program shall assign funds, including any accrued interest, from the several
capital improvement expansion fee accounts to specific capital improvement projects and related
expenses.
Section 9. That Section 7.5-23 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-23. - Appeals.
. . .
(b) The burden of proof in any such hearing shall be on the applicant to demonstrate that the
amount of fee or offset or credit was not properly calculated by the City. In the event of an
appeal of the amount of a fee, the feepayer shall, at his or her expense, prepare and submit to
the City Manager an independent fee calculation study for the fee in question. The
independent fee calculation study shall follow the methodologies used in the City’s Capital
Improvement Expansion Cost Fee Study, dated May 21, 1996 August 2016, as amended, or
the City's Street Oversizing Impact Fee Study, dated July 15, 1997Transportation Capital
Expansion Fee Study dated April 2017, as amended, whichever is applicable. The
independent fee calculation study shall be conducted by a professional in impact fee
analysis. The burden shall be on the feepayer to provide the City Manager all relevant data,
analysis and reports which would assist the City Manager in determining whether the capital
improvement expansion fee should be adjusted. The City Manager shall modify said amount
only if there is substantial competent evidence in the record that the City erred, based upon
the methodologies contained in the City’s Capital Improvement Expansion Cost Fee Study,
dated May 21, 1996 August 2016, as amended, or the City's Street Oversizing Impact Fee
Study, dated July 15, 1997Transportation Capital Expansion Fee Study dated April 2017, as
amended, whichever is applicable.
Section 10. That Section 7.5-24 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-24. - Entitlement to refunds for nonappropriation/nonexpenditure.
-7-
. . .
(b) In determining whether fee revenues have been appropriated or expended within the
requisite periods of time specified in Subsection (a), monies in the applicable capital
improvement expansion fee funds and accounts shall be considered to be appropriated and
expended on a first in, first out basis; that is, the first fees paid shall be considered the first
fees appropriated and expended.
. . .
Section 11. That Section 7.5-25 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5.25 – Procedure to obtain refund.
. . .
(d) With respect to refunds based upon abandonment, within ten (10) working days after the
application is determined sufficient and site restoration has been completed as required
pursuant to § 7.5-24.1, the applicant shall be entitled to a refund, except that the City shall
retain an additional two (2) percent of the impactamount of the fee to be refunded to offset
the costs of administering the refund.
. . .
Section 12. That Section 7.5-28 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-28. - Community parkland capital improvement expansion fee.
(a) There is hereby established a community parkland capital improvement expansion fee which
shall be imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of community parks, as such improvements may be
identified in the capital improvements plan for community parkland. Such fee shall be
payable prior to the issuance of any building permit for a residential structure. The amount
of such fee shall be determined per dwelling unit as follows:
Current
As of
October 1, 2017
As of
January 1, 2019
As of
January 1, 2020
Resid., up to 700 sq. ft. and under $1,102.00 $1,513.00 $1,923.00 $2,334.00
Resid., 701 to 1,200 sq. ft. 1,414.00 1,984.00 2,553.00 3,123.00
Resid., 1,201 to 1,700 sq. ft. 1,562.00 2,178.00 2,795.00 3,411.00
Resid., 1,701 to 2,200 sq. ft. 1,628.00 2,234.00 2,840.00 3,446.00
Resid., over 2,201 sq. ft. and over 1,743.00 2,442.00 3,142.00 3,841.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
-8-
(b) All fees collected under this Section shall be deposited into a separate account within the
capital improvement expansion fund to be known as the "community parkland capital
improvement expansion fee account." established in § 8-95. This account shall be an interest
bearing account, and any interest income earned on the fees shall be credited to the account.
Funds withdrawn from the community parkland facilities capital expansion fee account shall
be used only for the purposes specified in Subsection (a) of this Section and said
expenditures shall be subject to the provisions of this Article.
Section 13. That Section 7.5-29 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-29. - Police capital improvement expansion fee.
(a) There is hereby established a police capital improvement expansion fee which shall be
imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of police services, as such improvements may be
identified in the capital improvements plan for police services. Such fee shall be payable
prior to the issuance of any building permit for a residential, commercial or industrial
structure. The amount of such fee shall be determined as follows:
Current
As of
October 1, 2017
As of
January 1, 2019
As of
January 1, 2020
Resid., up to 700 sq. ft. and under $141.00 $173.00 $204.00 $236.00
Resid., 701 to 1,200 sq. ft. 178.00 225.00 272.00 319.00
Resid., 1,201 to 1,700 sq. ft. 198.00 248.00 297.00 347.00
Resid., 1,701 to 2,200 sq. ft. 206.00 255.00 303.00 352.00
Resid., over 2,2001 sq. ft. and over 220.00 277.00 335.00 392.00
Commercial buildings (per 1,000
sq. ft.)
169.00
212.00 254.00 297.00
Industrial buildings (per 1,000 sq.
ft.)
41.00
50.00 60.00 69.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a separate account within the
capital improvement expansion fund to be known as the "police capital improvement
expansion fee account." established in § 8-96. This account shall be an interest bearing
account, and any interest income earned on the fees shall be credited to the account. Funds
withdrawn from the police capital improvement expansion fee account shall be used only for
the purposes specified in Subparagraph (a) of this Section and said expenditures shall be
subject to the provisions of this Article.
-9-
(c) The fees collected under this Section for commercial and industrial buildings between
October 3, 2013, and December 31, 2014, shall be sixty (60) percent of the amount shown in
Subsection (a) above; those collected between January 1, 2015, and December 31, 2015,
shall be eighty (80) percent of the amount shown in Subsection (a); thereafter, the full
amount shown in Subsection (a) shall be collected.
Section 14. That Section 7.5-30 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-30. - Fire protection capital improvement expansion fee.
(a) There is hereby established a fire protection capital improvement expansion fee which shall
be imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of fire services, as such improvements may be
identified in the capital improvements plan for fire protection services. Such fee shall be
payable prior to the issuance of any building permit for a residential, commercial or
industrial structure. The amount of such fee shall be determined as follows:
Current
As of
October 1, 2017
As of
January 1, 2019
As of
January 1, 2020
Resid., up to 700 sq. ft. and under $281.00 $355.00 $428.00 $502.00
Resid., 701 to 1,200 sq. ft. 357.00 464.00 572.00 679.00
Resid., 1,201 to 1,700 sq. ft. 395.00 510.00 624.00 739.00
Resid., 1,701 to 2,200 sq. ft. 410.00 524.00 637.00 751.00
Resid., over 2,2001 sq. ft. and over 440.00 572.00 704.00 836.00
Commercial buildings (per 1,000 sq. ft.) 339.00 437.00 535.00 633.00
Industrial buildings (per 1,000 sq. ft.) 80.00 103.00 125.00 148.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a separate account within the
capital improvement expansion fund to be known as the "fire protection capital
improvement expansion fee account." established in § 8-97. This account shall be an interest
bearing account, and any interest income earned on the fees shall be credited to the account.
Funds withdrawn from the fire protection capital improvement expansion fee account shall
be used only for the purposes specified in Subparagraph (a) of this Section and said
expenditures shall be subject to the provisions of this Article.
(c) The fees collected under this Section for commercial and industrial buildings between
October 3, 2013, and December 31, 2014, shall be sixty (60) percent of the amount shown in
Subsection (a) above; those collected between January 1, 2015, and December 31, 2015,
-10-
shall be eighty (80) percent of the amount shown in Subsection (a); thereafter, the full
amount shown in Subsection (a) shall be collected.
Section 15. That Section 7.5-31 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-31. - General governmental capital improvement expansion fee.
(a) There is hereby established a general governmental capital improvement expansion fee
which shall be imposed pursuant to the provisions of this Article for the purpose of funding
capital improvements related to the provision of general governmental services, as such
improvements may be identified in the capital improvements plan for general governmental
services. Such fee shall be payable prior to the issuance of any building permit for a
residential, commercial or industrial structure. The amount of such fee shall be determined
as follows:
Current
As of
October 1, 2017
As of
January 1, 2019
As of
January 1, 2020
Resid., up to 700 sq. ft. and under $330.00 $441.00 $493.00 $574.00
Resid., 701 to 1,200 sq. ft. 423.00 540.00 657.00 774.00
Resid., 1,201 to 1,700 sq. ft. 465.00 592.00 718.00 845.00
Resid., 1,701 to 2,200 sq. ft. 487.00 611.00 734.00 858.00
Resid., over 2,2001 sq. ft. and over 523.00 667.00 811.00 955.00
Commercial buildings (per 1,000 sq. ft.) 803.00 1,019.00 1,235.00 1,451.00
Industrial buildings (per 1,000 sq. ft.) 188.00 239.00 291.00 342.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a separate account within the
capital improvement expansion fund to be known as the "general governmental capital
improvement expansion fee account." established in § 8-93. This account shall be an interest
bearing account, and any interest income earned on the fees shall be credited to the account.
Funds withdrawn from the general governmental capital improvement expansion fee
account shall be used only for the purposes specified in subparagraph (a) of this Section and
said expenditures shall be subject to the provisions of this Article.
(c) The fees collected under this Section for commercial and industrial buildings between
October 3, 2013, and December 31, 2014, shall be sixty (60) percent of the amount shown in
Subsection (a) above those collected between January 1, 2015, and December 31, 2015,
shall be eighty (80) percent of the amount shown in Subsection (a); thereafter, the full
amount shown in Subsection (a) shall be collected.
-11-
Section 16. That Section 7.5-32 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-32. - Street oversizing capital improvementTransportation expansion fee.
There is hereby established a street oversizing capital improvementtransportation expansion fee
which shall be imposed pursuant to the provisions of this Article for the purpose of funding street
oversizingtransportation improvements related to the provision of transportation services. Such
fees shall be payable prior to the issuance of any building permit for a residential, commercial or
industrial structure. These fees shall be deposited in the “transportation improvements fund”
established in § 8-87. The amount of such fee shall be determined as follows:
STREET OVERSIZING CAPITAL EXPANSION FEE SCHEDULE
Residential (per housing unit)
SF detached 9.57 $3,152 per D.U.
MF and other housing 6.59 2,171 per D.U.
Hotel/motel 9.02 2,969 per D.U.
Apartment 6.65 2,190 per D.U.
Retirement community 2.81 926 per D.U.
Assisted living 4.52 1,489 per D.U.
Congregate care facility 2.02 665 per D.U.
Residential condominium 5.81 1,914 per D.U.
Duplex 7.18 2,365 per D.U.
Townhome 5.86 1,930 per D.U.
Mobile Home 4.99 1,644 per D.U.
Non Residential (per 1,000 sq. ft.)
Community/shopping center
1000K GLA 32.09 $6.16/sq. ft.
500K GLA 38.65 7.41/sq. ft.
200K GLA 54.50 10.45/sq. ft.
50K GLA 91.65 12.09/sq. ft.
Movie theater 78.06 14.97/sq. ft.
Fitness/racquet club 14.03 2.89/sq. ft.
Day Care 79.26 6.39/sq. ft.
Government office 68.93 14.22/sq. ft.
Building materials/lumber 45.16 8.66/sq. ft.
Specialty retail 44.32 8.50/sq. ft.
Discount superstore 53.15 10.20/sq. ft.
Nursery (garden center) 36.08 7.44/sq. ft.
Sit down restaurant 127.15 16.77/sq. ft.
-12-
Fast food restaurant w/ drive-up 496.12 39.97/sq. ft.
Car sales 33.34 6.88/sq. ft.
Service station 168.56/pump 13,581.46/pump
Wholesale tire store 20.36 4.20/sq. ft.
Self service car wash 5.79 466.52/stall
Supermarket 102.24/stall 13.48/sq. ft.
Convenience market w/ gas 542.60 43.72/sq. ft.
Pharmacy/drugstore 88.16 7.10/sq. ft.
Furniture store 5.06 1.63/sq. ft.
Bank 80.87 6.06/sq. ft.
Drive-in bank 148.15 11.94/sq. ft.
Insurance building 11.45 2.36/sq. ft.
Manufacturing 3.82 1.23/sq. ft.
Warehousing 3.56 1.15/sq. ft.
Light industrial 6.97 2.25/sq. ft.
Mini-warehouse 2.50 0.81/sq. ft.
Business park 12.76 4.11/sq. ft.
General office
200K GFA 11.54 3.72/sq. ft.
50K GFA 16.31 5.26/sq. ft.
10K GFA 24.39 7.86/sq. ft.
Recreational 3.64/ac 1,173.15/acre
City park 3.66/ac 1,179.60/acre
Golf course 5.04/ac 1,624.36/acre
Elementary school 1.29/student 415.76/student
Private school (K-8) 2.48/student 799.29/student
Church/synagogue 9.11 2.94/sq. ft.
Library 56.24 4.53/sq. ft.
Hospital 16.50 5.32/sq. ft.
Nursing home 2.37/bed 763.84/bed
Medical clinic 31.45 10.14/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 Trip Adjustment Factor is used when
calculating SOS Rate.
-13-
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.
TRANSPORTATION EXPANSION FEE SCHEDULE
Current
October 1, 2017
January 1, 2019
Resid., up to 700 sq. ft. $1,905.00 $1,827.00 $2,205.00
Resid., 701 to 1,200 sq. ft. 2,143.00 3,392.00 4,095.00
Resid., 1,201 to 1,700 sq. ft. 3,112.00 4,404.00 5,317.00
Resid., 1,701 to 2,200 sq. ft. 3,112.00 5,150.00 6,217.00
Resid., over 2,2001 sq. ft. 3,112.00 5,520.00 6,664.00
Commercial 11,930.00 6,721.00 8,113.00
Office and Other Services 7,760.00 4,951.00 5,977.00
Industrial/Warehouse 1,130.00 1,598.00 1,929.00
Section 17. That Section 7.5-71 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-71. - Collection of nNeighborhood parkland capital expansion fee.
(a) Hereafter, pPayment of a neighborhood parkland capital expansion fee in accordance with
this Section shall be required as a condition of approval of all residential development for
which a building permit is required, as thosethese terms are defined in § 7.5-17 of this Code.
The fees due for such development shall be payable by the feepayer to the Building Official
prior to or at the time of issuance of the first building permit for the property to be
developed, unless an agreement has been executed by the City which provides for a different
time of payment. All such payments shall be deposited in the “neighborhood parkland
capital expansion fee fund” by the Financial Officer in the fund createdestablished in § 8-80.
Only one (1) fee shall be charged for any dwelling unit. No additional fee for acquisition and
development of neighborhood parks shall be charged for the same dwelling unit. If the
building permit for which a fee has been paid has expired, and an application for a new
building permit is thereafter filed, any amount previously paid for a neighborhood parkland
capital expansion fee and not refunded by the City shall be credited against any additional
amount due under the provisions of this Article at the time of application for the new
building permit.
(b) The amount of the fee established in this Section shall be determined for each dwelling unit
as follows:
Current
As of
October 1, 2017
As of
January 1, 2019
As of
January 1, 2020
Resid., up to 700 sq. ft. and under $1,300.00 $1,463.00 $1,627.00 $1,790.00
-14-
Resid., 701 to 1,200 sq. ft. $1,667.00 1,910.00 2,153.00 2,396.00
Resid., 1,201 to 1,700 sq. ft. $1,842.00 2,100.00 2,358.00 2,616.00
Resid., 1,701 to 2,200 sq. ft. $1,919.00 2,161.00 2,402.00 2,644.00
Resid., over 2,2001 sq. ft. and over $2,056.00 2,353.00 2,650.00 2,947.00
. . .
(e) The methodologies used to set the neighborhood parkland capital expansion 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 § 7.5-16 of this Code.
Section 18. That Section 7.5-72 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-72. - Dedication of land in lieu of fee.
In lieu of the payment of the neighborhood parkland capital expansion fee under § 7.5-71any
fees required in this Article, an owner of lands may negotiate with the City for the dedication of
lands to be used for neighborhood park purposes. If a satisfactory agreement is reached for the
dedication of such lands, the price established for such lands may be credited on the fees to be
chargedagainst the neighborhood parkland capital expansion fee owed under this Article§ 7.5-71
and the agreement reached between the parties shall be set forth in writing and kept on file in the
office of the City Clerk. Similarly, a credit onagainst the neighborhood parkland capital
expansion fee under § 7.5-71 the fees to be charged under this Article may be given on account
of the development of lands dedicated for neighborhood park purposes in such amount as may be
negotiated for and agreed upon between the City and any developer. Nothing contained in this
Section shall be construed to cancel or annul any agreement heretofore entered into by the City
concerning the dedication of parkland and credits on fees of the type established by this Article,
and all such agreements shall continue in full force and effect, and any credits remaining under
such agreement shall apply toward the fee assessed by this Article.
Section 19. That Section 8-80 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-80. - Neighborhood parkland capital expansion fee fund.
There is hereby created a fund to account for the acquisition, and development and
administration of neighborhood parks known as the neighborhood parkland capital expansion fee
fund. Revenues deposited into the fund shall include the neighborhood parkland capital
expansion fees collected pursuant to § 7.5-71. Expenditures from this fund shall be made for
approved purposes for the acquisition, planning, design, surveying, permitting, engineering,
construction and other capital costs for new development and administration of neighborhood
parks as provided in § 7.5-71, including purchases of new or replacement park site equipment
and plantings.
-15-
Section 20. That Section 8-87 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-87. - Street oversizingTransportation improvements fund.
There is hereby created a fund to account for construction of arterial and collector streets known
as the street oversizing transportation improvements, as defined in § 7.5-17, to be known as the
transportation improvements fund. Revenues deposited into this fund shall include all
moniestransportation expansion fees collected pursuant to § 24-111 et seqChapter 7.5 and all
monies collected pursuant to Division 2 of Article III of Code Chapter 24. Expenditures shall be
made as specified in § 24-111 et seqChapter 7.5 and Division 2 of Article III of Code Chapter
24.
Section 21. That Section 8-92 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-92. - Capital improvement expansion fee fund.
There is hereby created a fund to account for the acquisition, construction and development of
capital improvements as defined in § 7.5-17. Revenues shall include all capital expansion fees
collected pursuant to Chapter 7.5, but shall not include the neighborhood parkland capital
expansion fee collected and deposited pursuant to § 7.5-71 and § 8-80 or the transportation
expansion fee collected and deposited pursuant to § 7.5-32 and § 8-87. and eExpenditures from
this fund shall be made solely for the applicable purposes described in Chapter 7.5therein.
Section 22. That Section 8-93 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-93. - General governmental capitalimprovement expansion fee account.
There is hereby created an account within the capital improvement expansion fee fund to account
for the acquisition, construction and development of capital improvements related to the
provision of general governmental services, as described in the capital improvements plan for
general governmental services. Revenues shall include all fees collected pursuant to Subsection§
7.5-31(a). Expenditures from this account shall be made solely for the purposes described in
Subsection§ 7.5-31(b) and according to all other applicable provisions of Chapter 7.5.
Section 23. That Section 8-95 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-95. - Community parkland capital improvement expansion fee account.
There is hereby created an account within the capital improvement expansion fee fund to account
for the acquisition, construction and development of capital improvements related to the
provision of community parklands, as described in the capital improvements plan for community
parkland. Revenues shall include all fees collected pursuant to Subsection§ 7.5-28(a).
Expenditures from this account shall be made solely for the purposes described in Subsection§
7.5-28(b) and according to all other applicable provisions of Chapter 7.5.
-16-
Section 24. That Section 8-96 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-96. - Police capital improvement expansion fee account.
There is hereby created an account within the capital improvement expansion fee fund to account
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.
Revenues shall include all fees collected pursuant to Subsection§ 7.5-29(a). Expenditures from
this account shall be made solely for the purposes described in Subsection§ 7.5-29(b) and
according to all other applicable provisions of Chapter 7.5.
Section 25. That Section 8-97 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-97. - Fire protection capital improvement expansion fee account.
There is hereby created an account within the capital improvement expansion fee fund to account
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. Revenues shall include all fees collected pursuant to Subsection§ 7.5-
30(a). Expenditures from this account shall be made solely for the purposes described in
Subsection§ 7.5-30(b) and according to all other applicable provisions of Chapter 7.5.
Section 26. That Section 24-111 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-111. Definitions
. . .
Exemption shall mean the granting of a partial or complete waiver of the street
oversizingtransportation expansion fee not to exceed fifty thousand dollars ($50,000.).
Fee shall mean the street oversizing capital improvement expansion fee.
. . .
Transportation expansion fee shall mean the fee established in § 7.5-32.
Transportation Ffund shall mean the street oversizingtransportation improvement fund
established in § 8-87.
Street oversizingTransportation improvements shall mean those capital improvements needed to
construct arterial or collector streets in the City as shown on the City’s adopted of Fort Collins
Master Street Plan, as amended, excluding the local street portions of such streets. Street
oversizing improvements shall include, without limitation, the following capital improvements
when described in said Master Street Plan or as described in the City’s adopted Bicycle Master
Plan and Pedestrian Master Plan, as these plans may be hereafter amended: right-of-way
-17-
acquisition; vehicle and bicycle lanes; curbs, gutters and other drainage structures; pedestrian
ways; traffic control devices and signals; medians and median landscaping; and transit facilities,
including, without limitation, transit stops and rolling stock, to the extent that such transit
facilities are reasonably necessary to expand the City's transit system so as to provide transit
services to feepayers, as thatthis term is defined in § 7.5-17. However, transportation
improvements shall not include the local street portion and related capital improvements required
for a developed parcel under this Code and the Land Use Code.
Section 27. That Section 24-112 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-112. - Street oversizingTransportation improvements reimbursement program.
(a) Street oversizing capital improvement feeThe transportation expansion fee revenue collected
pursuant to §§ 7.5-19 and 7.5-32 and deposited in the transportation fund shall be utilized to
pay certain costs associated with and necessary for the following transportation
improvements: (1) increasing the width of streets and sidewalks from local access status to
arterial or collector status; (2) acquiring the necessary right-of-way to accommodate the
expansion of such streets and sidewalks; (3) providing traffic signalization when required
because of collector or arterial status; and (4) expanding the City's transit system. Payments
for such purposes may be made directly by the City or in the form of reimbursements to the
developers of real property in the City according to the provisions of this Division. Those
categories of cost which will be eligible for reimbursement from the transportation fund
shall be determined by the City Engineer, who shall maintain an itemization of the same in
the form of administrative guidelines. The City shall not participate in the cost of street
oversizingthese or any other transportation improvements required solely for the special use
and benefit of the adjacent development, including, without limitation, any acceleration or
deceleration lanes, double left-turn lanes, or traffic-control signals that are required by the
transportation impact study for the development or by the Traffic Engineer. Notwithstanding
the foregoing, street oversizingmonies from the transportation funds may be utilized to pay
for all traffic-control signals associated with arterial-arterial intersections and for one (1)
such signal per collector-arterial intersection per mile. Monies expended for street
oversizingfrom the transportation fund improvements shall not be utilizedused to pay for the
cost of increasing the depth of the local access portion of any street required to be
constructed to arterial or collector standards.
(b) The City Council shall, by resolution, adopt criteria to evaluate the community benefit of
streets in a development project to determine whether street oversizingtransportation
improvements are needed. If the City determines that the construction of street
oversizingtransportation improvements do not convey a measurable community benefit
according to such criteria, then no monies expended by the developer for such street
oversizing expenditurestransportation improvements shall be eligible for reimbursement by
the City, and the street construction requirements for the development shall be limited to
those reasonably necessary to offset the traffic impacts of the development. All collector and
arterial streets, if required, shall be constructed to such specifications as shall be necessary
in the judgment of the City Engineer based on traffic safety considerations, and taking into
-18-
account the transportation impact of the development upon such arterial or collector street.
No such arterial street shall be constructed to a width of less than thirty-six (36) feet.
(c) The City shall have no obligation to make reimbursement payments for street
oversizingtransportation improvements unless funds for such payments shall first have been
budgeted and appropriated from the transportation fund by the City Council; provided,
however, that, to the extent that funds are not available for such reimbursement, the City
shall not require construction, at the developer's expense, of any oversized portion of streets
not reasonably necessary to offset the traffic impacts of the subject development, unless
otherwise agreed upon by the City and the developer. The City shall have no obligation to
make payment for street oversizingtransportation improvements unless a written request for
such payment in form acceptable to the City and providing reasonable detail and proof of the
expenses incurred shall have been submitted to the City within ninety (90) days of written
City acceptance of such completed improvements.
(d) In order to limit the reimbursement payments under this Section to the amount budgeted and
appropriated, the City may make the following payments from the transportation fund
subject to the limitations as contained in Subsection (c) above:
(1) Upon acceptance and approval by the City of a payment request for street
oversizingtransportation funds, the City may pay a percentage of the amount requested.
The percent of initial payment shall be determined by the City Engineer prior to the
start of the applicable budget year.
(2) At the close of the submittal period for the applicable budget year, the City will
proportionally reimburse any remaining revenues from that budget year to development
projects that had received a percentage reimbursement. Such proportionate
reimbursement shall be based upon the following ratio:
Total revenues budgeted and appropriated =
Total of requested payments for street oversizingtransportation improvements
Proportionate reimbursement of
each requested payment
Section 28. That Section 24-113 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-113. - Fee waiver, appeals.
(a) Exceptional hardship . The City Engineer, upon application of any interested party, may
waive or otherwise adjust any of the fees, as set forth in § 7.5-17 established in Division 1 of
Article II in Code Chapter 7.5, in order to prevent manifest injustice. No such waiver shall
be granted unless, by reason of extraordinary and exceptional situations or conditions of the
property which is the subject of the fee, the strict application of this Division would result in
peculiar and exceptional hardship upon the owner of such property; provided, however, that
such relief may be granted without substantially impairing the intent and purposes of this
Division. No such hardship shall be founded upon ability or inability to pay the fee.
-19-
. . .
Section 29. That Section 3.3.2(G) of the Land Use Code is hereby amended to read as
follows:
(G) City Participation in Certain Street Improvements.
(1) If a street within or adjacent to the development is improved as an arterial or
collector street rather than as a local street, the developer making such improvements
shall be reimbursed in accordance with the provisions of Section 24-112 of the City
Code.
(2) If an off-site street is improved to a width in excess of thirty-six (36) feet, and
provided that such excess width is not required because of the traffic impacts of the
development, the City Engineer shall compute the extra expense caused by such street
being improved to such excess width. Such extra expense shall be paid by the City out of
the Street Oversizing FundTransportation Improvements Fund established in § 8-87. The
City's obligations to participate in such costs shall be limited to those funds budgeted and
appropriated for the payment requested. The participation of the City shall be limited to
the costs of design, construction and right-of-way acquisition as limited pursuant to
Section 24-112 of the City Code and costs of curbs, gutters or sidewalks exceeding local
standards.
. . .
Introduced, considered favorably on first reading, and ordered published this 16th day of
May, A.D. 2017, and to be presented for final passage on the 6th day of June, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of June, A.D. 2017.
__________________________________
Mayor
ATTEST:
-20-
_______________________________
City Clerk
-1-
ALTERNATIVE 2
ORDINANCE NO. 049, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTERS 7.5, 8 AND 24 OF THE CODE OF THE CITY OF FORT
COLLINS CONCERNING REVISIONS TO TERMINOLOGY AND DECREASES AND
PHASED INCREASES OF THE CAPITAL EXPANSION FEES AND AMENDING
SECTION 3.3.2(G) OF THE LAND USE CODE TO REVISE RELATED TERMINOLOGY
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 establish impact
fees for such development; and
WHEREAS, the City Council has determined that new development should contribute its
proportionate share of providing the capital improvements that are typically funded with impact
fees; 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, in early 2016, City staff initiated a comprehensive review of its various
impact fees now charged to new development, including its community parkland, neighborhood
parkland, police, fire protection, general government and street oversizing capital improvement
expansion fees (collectively, “Capital Expansion Fees”); and
WHEREAS, as a result of that review, the City commissioned an impact fee study for the
community parkland, neighborhood parkland, police, fire protection and general government
capital improvement expansion fees that has resulted in the “Capital Expansion Fee Study” dated
August 2016, which has identified the need to increase such Capital Expansion Fees by various
amounts; and
WHEREAS, the City also commissioned an impact fee study for the street oversizing
capital improvement expansion fee that has resulted in the “Transportation Capital Expansion
Fee Study” dated April 2017, which has also identified the need to increase and decrease the
street oversizing capital improvement expansion fees by various amounts depending on the type
of development proposed; and
WHEREAS, City Council has nevertheless decided to only increase, beginning on
October 1, 2017, the Capital Expansion Fees to seventy-five percent (75%) of the amounts
recommended in the Capital Expansion Fee Study and the Transportation Expansion Fee to the
lesser amount recommended in the Transportation Capital Expansion Fee Study; and
-2-
WHEREAS, the City Manager is directed to form a working-group of City staff and
community stakeholders to review the Studies, to consider any future changes to the City’s
Capital Expansion Fees based on the Studies, and to present the recommendations of that
working-group to the Council with any such proposed changes; and
WHEREAS, in addition, some of the terminology used in Chapters 7.5, 8, and 24, and
used in Section 3.3.2(G) of the Land Use Code, is also being revised; and
WHEREAS, for the foregoing reasons, the City Council has determined that it is in the
best interest of the City and its citizens and necessary for the protection of the public’s health,
safety and welfare, that the Capital Expansion Fees be decreased and increased as hereafter
provided.
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 title of Section 7.5, Article II is hereby amended to read as
follows:
ARTICLE II. - CAPITAL IMPROVEMENT EXPANSION FEES
Section 3. That Section 7.5-16 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-16. - Intent.
The provisions of this Article are intended to impose certain fees to be collected at the time of
building permit issuance in an amount calculated as shown herein for the purpose of funding the
provisions of additional capital improvements as the City's population increases. The imposition
of said fees is intended to regulate the use and development of land by ensuring that new growth
and development in the City bear a proportionate share of the costs of capital expenditures
necessary to provide community parkland, police, fire protection and, general government,
neighborhood parkland and transportation capital improvements. Said fees shall not be used to
collect more than is necessary to fund such capital improvements. The fees provided for in this
Article are based on the City's Capital Improvement Expansion Cost Fee Study, dated May 21,
1996August 2016, as amended; the City's Street Oversizing Impact Fee Study , dated July 15,
1997, and Street Oversizing Impact Fee Study Update, dated November 28, 2000, as amended;
and The ITE Trip Generation Manual, 6th Edition, 1997, published by the Institute of Traffic
Engineers, as amended, City’s Transportation Capital Expansion Fee Study dated April 2017, as
amended, which establish a fair and equitable allocation of costs and recognize past and future
payments for new development, as well as credits for construction, dedication of land or cash
contributions. Funds collected from said fees shall not be used to remedy existing deficiencies,
but only to provide new capital improvements which are necessitated by new development. The
-3-
amount of revenue generated by said fees shall not exceed the cost of providing the capital
improvements for which they are imposed, and the same shall be expended solely to provide the
specified capital improvements.
Section 4. That Section 7.5-17 of the Code of the City of Fort Collins is amended to
read as follows:
Sec. 7.5-17. Definitions
. . .
Capital expansion fee(s) shall mean individually and collectively the fees established in
§§ 7.5-28, 7.5-29, 7.5-30, 7.5-31, 7.5-32 and 7.5-71.
Capital improvements shall mean the purchase or long-term lease or lease-purchase of
real property, the construction of public facilities or the purchase or long-term lease or
lease-purchase of equipment or materials needed to facilitate the operation of such
facilities or the delivery of services therefrom, to the extent that such property,
improvements, equipment or materials are identified in the City's capital improvements
plan as being totally or partially financed by the imposition of capital improvement
expansion fees. For the purposes of this provision, long-term lease or lease-purchase
shall mean a lease or lease-purchase of not less than five (5), subject to annual
appropriation. Amounts expended for capital improvements shall include amounts that
are treated as capitalized expenses according to generally accepted accounting principles
and shall not include costs associated with the operation, administration, maintenance or
replacement of capital improvements.
. . .
Transportation expansion fee shall mean the fee established in § 7.5-32.
Street oversizingTransportation improvements shall mean those capital improvements
needed to construct arterial or collector streets in the City as shown onin the City’s
adopted of Fort Collins Master Street Plan, as amended, excluding the local street
portions of such streets. Street oversizing improvements shall include, without limitation,
the following capital improvements as described in said Master Street Plan or as
described in the City’s adopted Bicycle Master Plan and Pedestrian Master Plan, as these
plans may be hereafter amended: right-of-way acquisition; vehicle and bicycle lanes;
curbs, gutters and other drainage structures; pedestrian ways; traffic control devices and
signals; medians and median landscaping; and transit facilities, including, without
limitation, transit stops and rolling stock, to the extent that such transit facilities are
reasonably necessary to expand the City's transit system so as to provide transit services
to feepayers, as that term is defined in § 7.5-17. However, transportation improvements
shall not include the local street portion and related capital improvements required for a
developed parcel under this Code and the Land Use Code.
-4-
Section 5. 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
the transportation expansion fee shall be determined on the basis of square footage for residential
development and based on type of use for other developments. The amount of each capital
expansion fee, except for the street oversizing capital improvementtransportation 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 improvementtransportation
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.
Section 6. That Section 7.5-19 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-19. - Imposition, computation and collection of fees.
(a) Payment of the fees imposed under the provisions of this Article shall be required as a
condition of approval of all development in the City for which a building permit is required.
The amount of such fees has been calculated using current levels of service and the data and
methodologies described in the City’s Capital Improvement Expansion FeeCost Study, dated
May 21, 1996 August 2016, as amended; the City's Street Oversizing Impact Fee Study,
dated July 15, 1997, and Street Oversizing Impact Fee Study Update, dated November 28,
2000, as amended; and The ITE Trip Generation Manual, 6th Edition, 1997, published by
the Institute of Traffic Engineers, as amended. and the City’s Transportation Capital
Expansion Fee Study dated April 2017, as amended. The fees due for such development
shall be payable by the feepayer to the Building Official prior to or at the time of issuance of
the first building permit for the property to be developed, except to the extent that an
agreement deferring all or any portion of such payment has been executed by the City
providing for a different time of payment approved by the City Council by resolution. If,
during the period of any such deferral, the amount of the deferred fee is increased by
ordinance of the City Council, the fee rate in effect at the time of payment shall apply. If the
building permit for which a fee has been paid has expired, and an application for a new
building permit is thereafter filed, any amount previously paid for a capital improvement
expansion fee and not refunded by the City shall be credited against any additional amount
due under the provisions of this Article at the time of application for the new building
permit.
-5-
. . .
Section 7. That Section 7.5-20 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-20. - Offsets and credits.
(a) The City shall offset the reasonable costs of any capital improvements constructed, or real
property dedicated, by or on behalf of any property owner or developer of real property from
whom a fee is due and payable under this Article for that category of capital improvement,
pursuant to the following requirements and any additional administrative regulations that
may be established by the City Manager:
(1) No offset or credit shall be given for the dedication or construction of capital
improvements not shown on the City's capital improvements plan, or, in the case of the
street oversizing capital improvementtransportation expansion fee, for any capital
improvement other than a street oversizingtransportation improvement, unless
otherwise agreed to by the City.
. . .
(4) A property owner or developer claiming entitlement to an offset or credit shall apply for
the same prior to or at the time of application for the issuance of any building permit for
the development in question, which application shall be on a form provided by the City
for such purpose. Upon receipt of such application, the Financial Officer or, in the case
of the street oversizing capital improvement feetransportation expansion fee, the City
Engineer, shall determine, in writing, the maximum value of the offset or credit that
may be applied against fees due and payable from the applicant.
. . .
Section 8. That Section 7.5-22 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-22. - Use of fee proceeds.
(a) The fees collected for each category of capital improvement specified in Division 2 of
this Article shall be used to finance or to recoup the costs of any capital improvements identified
in the applicable capital improvements plan, except that fees collected for street
oversizingtransportation improvements shall be used only to finance or recoup the costs of such
improvements. Eligible costs which may be paid from revenues derived from such fees may
include, without limitation, planning, design, surveying, permitting and engineering feescosts;
the cost of purchasing or leasing real property; construction costs; other capital improvement
costs; and the costs of administering the capital improvement expansioncollection and
expenditure of the fees program. The proceeds of such fees may also be used to pay the principal
sum and interest and other finance costs on bonds, notes or other obligations issued by or on
behalf of the City to finance such capital improvements. The City shall be entitled to retain four
(4) percent of the fees collected under this Article to cover the costs associated with the
-6-
collection of the same, and the administration, investment, accounting, expenditure and auditing
of the funds collected.
(b) Fees collected under the provisions of this Article shall not be used to pay for any of the
following expenses:
(1) Costs incurred for the construction, acquisition or expansion of capital
improvements or assets other than those identified in the applicable capital improvements
plan or in the case of the street oversizing capital improvementtransportation expansion
fee, any capital improvement other than a street oversizingtransportation improvement;
(2) Costs incurred for the repair or maintenance of existing or new capital
improvements or facilities expansions; or
(3) Costs incurred for the ongoing administration or operation of the funded and
constructed capital improvements.
(c) Annually, the City Manager shall present to the City Council a proposed capital
improvement program for each capital improvement for which a capital improvement expansion
fee is charged. Such program shall assign funds, including any accrued interest, from the several
capital improvement expansion fee accounts to specific capital improvement projects and related
expenses.
Section 9. That Section 7.5-23 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-23. - Appeals.
. . .
(b) The burden of proof in any such hearing shall be on the applicant to demonstrate that the
amount of fee or offset or credit was not properly calculated by the City. In the event of an
appeal of the amount of a fee, the feepayer shall, at his or her expense, prepare and submit to
the City Manager an independent fee calculation study for the fee in question. The
independent fee calculation study shall follow the methodologies used in the City’s Capital
Improvement Expansion Cost Fee Study, dated May 21, 1996 August 2016, as amended, or
the City's Street Oversizing Impact Fee Study, dated July 15, 1997Transportation Capital
Expansion Fee Study dated April 2017, as amended, whichever is applicable. The
independent fee calculation study shall be conducted by a professional in impact fee
analysis. The burden shall be on the feepayer to provide the City Manager all relevant data,
analysis and reports which would assist the City Manager in determining whether the capital
improvement expansion fee should be adjusted. The City Manager shall modify said amount
only if there is substantial competent evidence in the record that the City erred, based upon
the methodologies contained in the City’s Capital Improvement Expansion Cost Fee Study,
dated May 21, 1996 August 2016, as amended, or the City's Street Oversizing Impact Fee
Study, dated July 15, 1997Transportation Capital Expansion Fee Study dated April 2017, as
amended, whichever is applicable.
Section 10. That Section 7.5-24 of the Code of the City of Fort Collins is hereby
amended to read as follows:
-7-
Sec. 7.5-24. - Entitlement to refunds for nonappropriation/nonexpenditure.
. . .
(b) In determining whether fee revenues have been appropriated or expended within the
requisite periods of time specified in Subsection (a), monies in the applicable capital
improvement expansion fee funds and accounts shall be considered to be appropriated and
expended on a first in, first out basis; that is, the first fees paid shall be considered the first
fees appropriated and expended.
. . .
Section 11. That Section 7.5-25 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5.25 – Procedure to obtain refund.
. . .
(d) With respect to refunds based upon abandonment, within ten (10) working days after the
application is determined sufficient and site restoration has been completed as required
pursuant to § 7.5-24.1, the applicant shall be entitled to a refund, except that the City shall
retain an additional two (2) percent of the impactamount of the fee to be refunded to offset
the costs of administering the refund.
. . .
Section 12. That Section 7.5-28 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-28. - Community parkland capital improvement expansion fee.
(a) There is hereby established a community parkland capital improvement expansion fee which
shall be imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of community parks, as such improvements may be
identified in the capital improvements plan for community parkland. Such fee shall be
payable prior to the issuance of any building permit for a residential structure. The amount
of such fee shall be determined per dwelling unit as follows:
Current
As of
October 1, 2017
Resid., up to 700 sq. ft. and under $1,102.00 $1,513.00
Resid., 701 to 1,200 sq. ft. 1,414.00 1,984.00
Resid., 1,201 to 1,700 sq. ft. 1,562.00 2,178.00
Resid., 1,701 to 2,200 sq. ft. 1,628.00 2,234.00
Resid., over 2,201 sq. ft. and over 1,743.00 2,442.00
-8-
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a separate account within the
capital improvement expansion fund to be known as the "community parkland capital
improvement expansion fee account." established in § 8-95. This account shall be an interest
bearing account, and any interest income earned on the fees shall be credited to the account.
Funds withdrawn from the community parkland facilities capital expansion fee account shall
be used only for the purposes specified in Subsection (a) of this Section and said
expenditures shall be subject to the provisions of this Article.
Section 13. That Section 7.5-29 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-29. - Police capital improvement expansion fee.
(a) There is hereby established a police capital improvement expansion fee which shall be
imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of police services, as such improvements may be
identified in the capital improvements plan for police services. Such fee shall be payable
prior to the issuance of any building permit for a residential, commercial or industrial
structure. The amount of such fee shall be determined as follows:
Current
As of
October 1, 2017
Resid., up to 700 sq. ft. and under $141.00 $177.00
Resid., 701 to 1,200 sq. ft. 178.00 239.00
Resid., 1,201 to 1,700 sq. ft. 198.00 260.00
Resid., 1,701 to 2,200 sq. ft. 206.00 264.00
Resid., over 2,2001 sq. ft. and over 220.00 294.00
Commercial buildings (per 1,000
sq. ft.)
169.00
223.00
Industrial buildings (per 1,000 sq.
ft.)
41.00
52.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a separate account within the
capital improvement expansion fund to be known as the "police capital improvement
expansion fee account." established in § 8-96. This account shall be an interest bearing
account, and any interest income earned on the fees shall be credited to the account. Funds
-9-
withdrawn from the police capital improvement expansion fee account shall be used only for
the purposes specified in Subparagraph (a) of this Section and said expenditures shall be
subject to the provisions of this Article.
(c) The fees collected under this Section for commercial and industrial buildings between
October 3, 2013, and December 31, 2014, shall be sixty (60) percent of the amount shown in
Subsection (a) above; those collected between January 1, 2015, and December 31, 2015,
shall be eighty (80) percent of the amount shown in Subsection (a); thereafter, the full
amount shown in Subsection (a) shall be collected.
Section 14. That Section 7.5-30 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-30. - Fire protection capital improvement expansion fee.
(a) There is hereby established a fire protection capital improvement expansion fee which shall
be imposed pursuant to the provisions of this Article for the purpose of funding capital
improvements related to the provision of fire services, as such improvements may be
identified in the capital improvements plan for fire protection services. Such fee shall be
payable prior to the issuance of any building permit for a residential, commercial or
industrial structure. The amount of such fee shall be determined as follows:
Current
As of
October 1, 2017
Resid., up to 700 sq. ft. and under $281.00 $377.00
Resid., 701 to 1,200 sq. ft. 357.00 509.00
Resid., 1,201 to 1,700 sq. ft. 395.00 554.00
Resid., 1,701 to 2,200 sq. ft. 410.00 563.00
Resid., over 2,2001 sq. ft. and over 440.00 627.00
Commercial buildings (per 1,000 sq. ft.) 339.00 475.00
Industrial buildings (per 1,000 sq. ft.) 80.00 111.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a separate account within the
capital improvement expansion fund to be known as the "fire protection capital
improvement expansion fee account." established in § 8-97. This account shall be an interest
bearing account, and any interest income earned on the fees shall be credited to the account.
Funds withdrawn from the fire protection capital improvement expansion fee account shall
be used only for the purposes specified in Subparagraph (a) of this Section and said
expenditures shall be subject to the provisions of this Article.
-10-
(c) The fees collected under this Section for commercial and industrial buildings between
October 3, 2013, and December 31, 2014, shall be sixty (60) percent of the amount shown in
Subsection (a) above; those collected between January 1, 2015, and December 31, 2015,
shall be eighty (80) percent of the amount shown in Subsection (a); thereafter, the full
amount shown in Subsection (a) shall be collected.
Section 15. That Section 7.5-31 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-31. - General governmental capital improvement expansion fee.
(a) There is hereby established a general governmental capital improvement expansion fee
which shall be imposed pursuant to the provisions of this Article for the purpose of funding
capital improvements related to the provision of general governmental services, as such
improvements may be identified in the capital improvements plan for general governmental
services. Such fee shall be payable prior to the issuance of any building permit for a
residential, commercial or industrial structure. The amount of such fee shall be determined
as follows:
Current
As of
October 1, 2017
Resid., up to 700 sq. ft. and under $330.00 $431.00
Resid., 701 to 1,200 sq. ft. 423.00 581.00
Resid., 1,201 to 1,700 sq. ft. 465.00 634.00
Resid., 1,701 to 2,200 sq. ft. 487.00 644.00
Resid., over 2,2001 sq. ft. and over 523.00 716.00
Commercial buildings (per 1,000 sq. ft.) 803.00 1,088.00
Industrial buildings (per 1,000 sq. ft.) 188.00 257.00
In the case of duplexes and multi-family structures, the amount of the fee for each dwelling unit
shall be based upon the average size of the dwelling units contained within each such structure.
(b) All fees collected under this Section shall be deposited into a separate account within the
capital improvement expansion fund to be known as the "general governmental capital
improvement expansion fee account." established in § 8-93. This account shall be an interest
bearing account, and any interest income earned on the fees shall be credited to the account.
Funds withdrawn from the general governmental capital improvement expansion fee
account shall be used only for the purposes specified in subparagraph (a) of this Section and
said expenditures shall be subject to the provisions of this Article.
(c) The fees collected under this Section for commercial and industrial buildings between
October 3, 2013, and December 31, 2014, shall be sixty (60) percent of the amount shown in
Subsection (a) above those collected between January 1, 2015, and December 31, 2015,
-11-
shall be eighty (80) percent of the amount shown in Subsection (a); thereafter, the full
amount shown in Subsection (a) shall be collected.
Section 16. That Section 7.5-32 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-32. - Street oversizing capital improvementTransportation expansion fee.
There is hereby established a street oversizing capital improvementtransportation expansion fee
which shall be imposed pursuant to the provisions of this Article for the purpose of funding street
oversizingtransportation improvements related to the provision of transportation services. Such
fees shall be payable prior to the issuance of any building permit for a residential, commercial or
industrial structure. These fees shall be deposited in the “transportation improvements fund”
established in § 8-87. The amount of such fee shall be determined as follows:
STREET OVERSIZING CAPITAL EXPANSION FEE SCHEDULE
Residential (per housing unit)
SF detached 9.57 $3,152 per D.U.
MF and other housing 6.59 2,171 per D.U.
Hotel/motel 9.02 2,969 per D.U.
Apartment 6.65 2,190 per D.U.
Retirement community 2.81 926 per D.U.
Assisted living 4.52 1,489 per D.U.
Congregate care facility 2.02 665 per D.U.
Residential condominium 5.81 1,914 per D.U.
Duplex 7.18 2,365 per D.U.
Townhome 5.86 1,930 per D.U.
Mobile Home 4.99 1,644 per D.U.
Non Residential (per 1,000 sq. ft.)
Community/shopping center
1000K GLA 32.09 $6.16/sq. ft.
500K GLA 38.65 7.41/sq. ft.
200K GLA 54.50 10.45/sq. ft.
50K GLA 91.65 12.09/sq. ft.
Movie theater 78.06 14.97/sq. ft.
Fitness/racquet club 14.03 2.89/sq. ft.
Day Care 79.26 6.39/sq. ft.
Government office 68.93 14.22/sq. ft.
Building materials/lumber 45.16 8.66/sq. ft.
Specialty retail 44.32 8.50/sq. ft.
Discount superstore 53.15 10.20/sq. ft.
-12-
Nursery (garden center) 36.08 7.44/sq. ft.
Sit down restaurant 127.15 16.77/sq. ft.
Fast food restaurant w/ drive-up 496.12 39.97/sq. ft.
Car sales 33.34 6.88/sq. ft.
Service station 168.56/pump 13,581.46/pump
Wholesale tire store 20.36 4.20/sq. ft.
Self service car wash 5.79 466.52/stall
Supermarket 102.24/stall 13.48/sq. ft.
Convenience market w/ gas 542.60 43.72/sq. ft.
Pharmacy/drugstore 88.16 7.10/sq. ft.
Furniture store 5.06 1.63/sq. ft.
Bank 80.87 6.06/sq. ft.
Drive-in bank 148.15 11.94/sq. ft.
Insurance building 11.45 2.36/sq. ft.
Manufacturing 3.82 1.23/sq. ft.
Warehousing 3.56 1.15/sq. ft.
Light industrial 6.97 2.25/sq. ft.
Mini-warehouse 2.50 0.81/sq. ft.
Business park 12.76 4.11/sq. ft.
General office
200K GFA 11.54 3.72/sq. ft.
50K GFA 16.31 5.26/sq. ft.
10K GFA 24.39 7.86/sq. ft.
Recreational 3.64/ac 1,173.15/acre
City park 3.66/ac 1,179.60/acre
Golf course 5.04/ac 1,624.36/acre
Elementary school 1.29/student 415.76/student
Private school (K-8) 2.48/student 799.29/student
Church/synagogue 9.11 2.94/sq. ft.
Library 56.24 4.53/sq. ft.
Hospital 16.50 5.32/sq. ft.
Nursing home 2.37/bed 763.84/bed
Medical clinic 31.45 10.14/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.
-13-
2. Italicized building types indicate that high pass-by Trip Adjustment Factor 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.
TRANSPORTATION EXPANSION FEE SCHEDULE
Current
As of
October 1, 2017
Resid., up to 700 sq. ft. $1,905.00 $1,827.00
Resid., 701 to 1,200 sq. ft. 2,143.00 3,392.00
Resid., 1,201 to 1,700 sq. ft. 3,112.00 4,404.00
Resid., 1,701 to 2,200 sq. ft. 3,112.00 5,150.00
Resid., over 2,2001 sq. ft. 3,112.00 5,520.00
Commercial 11,930.00 6,721.00
Office and Other Services 7,760.00 4,951.00
Industrial/Warehouse 1,130.00 1,598.00
Section 17. That Section 7.5-71 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-71. - Collection of nNeighborhood parkland capital expansion fee.
(a) Hereafter, pPayment of a neighborhood parkland capital expansion fee in accordance with
this Section shall be required as a condition of approval of all residential development for
which a building permit is required, as thosethese terms are defined in § 7.5-17 of this Code.
The fees due for such development shall be payable by the feepayer to the Building Official
prior to or at the time of issuance of the first building permit for the property to be
developed, unless an agreement has been executed by the City which provides for a different
time of payment. All such payments shall be deposited in the “neighborhood parkland
capital expansion fee fund” by the Financial Officer in the fund createdestablished in § 8-80.
Only one (1) fee shall be charged for any dwelling unit. No additional fee for acquisition and
development of neighborhood parks shall be charged for the same dwelling unit. If the
building permit for which a fee has been paid has expired, and an application for a new
building permit is thereafter filed, any amount previously paid for a neighborhood parkland
capital expansion fee and not refunded by the City shall be credited against any additional
amount due under the provisions of this Article at the time of application for the new
building permit.
(b) The amount of the fee established in this Section shall be determined for each dwelling unit
as follows:
-14-
Current
As of
October 1, 2017
Resid., up to 700 sq. ft. and under $1,300.00 $1,343.00
Resid., 701 to 1,200 sq. ft. $1,667.00 1,797.00
Resid., 1,201 to 1,700 sq. ft. $1,842.00 1,962.00
Resid., 1,701 to 2,200 sq. ft. $1,919.00 1,983.00
Resid., over 2,2001 sq. ft. and over $2,056.00 2,210.00
. . .
(e) The methodologies used to set the neighborhood parkland capital expansion 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 § 7.5-16 of this Code.
Section 18. That Section 7.5-72 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-72. - Dedication of land in lieu of fee.
In lieu of the payment of the neighborhood parkland capital expansion fee under § 7.5-71any
fees required in this Article, an owner of lands may negotiate with the City for the dedication of
lands to be used for neighborhood park purposes. If a satisfactory agreement is reached for the
dedication of such lands, the price established for such lands may be credited on the fees to be
chargedagainst the neighborhood parkland capital expansion fee owed under this Article§ 7.5-71
and the agreement reached between the parties shall be set forth in writing and kept on file in the
office of the City Clerk. Similarly, a credit onagainst the neighborhood parkland capital
expansion fee under § 7.5-71 the fees to be charged under this Article may be given on account
of the development of lands dedicated for neighborhood park purposes in such amount as may be
negotiated for and agreed upon between the City and any developer. Nothing contained in this
Section shall be construed to cancel or annul any agreement heretofore entered into by the City
concerning the dedication of parkland and credits on fees of the type established by this Article,
and all such agreements shall continue in full force and effect, and any credits remaining under
such agreement shall apply toward the fee assessed by this Article.
Section 19. That Section 8-80 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-80. - Neighborhood parkland capital expansion fee fund.
There is hereby created a fund to account for the acquisition, and development and
administration of neighborhood parks known as the neighborhood parkland capital expansion fee
fund. Revenues deposited into the fund shall include the neighborhood parkland capital
expansion fees collected pursuant to § 7.5-71. Expenditures from this fund shall be made for
approved purposes for the acquisition, planning, design, surveying, permitting, engineering,
-15-
construction and other capital costs for new development and administration of neighborhood
parks as provided in § 7.5-71, including purchases of new or replacement park site equipment
and plantings.
Section 20. That Section 8-87 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-87. - Street oversizingTransportation improvements fund.
There is hereby created a fund to account for construction of arterial and collector streets known
as the street oversizing transportation improvements, as defined in § 7.5-17, to be known as the
transportation improvements fund. Revenues deposited into this fund shall include all
moniestransportation expansion fees collected pursuant to § 24-111 et seqChapter 7.5 and all
monies collected pursuant to Division 2 of Article III of Code Chapter 24. Expenditures shall be
made as specified in § 24-111 et seqChapter 7.5 and Division 2 of Article III of Code Chapter
24.
Section 21. That Section 8-92 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-92. - Capital improvement expansion fee fund.
There is hereby created a fund to account for the acquisition, construction and development of
capital improvements as defined in § 7.5-17. Revenues shall include all capital expansion fees
collected pursuant to Chapter 7.5, but shall not include the neighborhood parkland capital
expansion fee collected and deposited pursuant to § 7.5-71 and § 8-80 or the transportation
expansion fee collected and deposited pursuant to § 7.5-32 and § 8-87. and eExpenditures from
this fund shall be made solely for the applicable purposes described in Chapter 7.5therein.
Section 22. That Section 8-93 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-93. - General governmental capitalimprovement expansion fee account.
There is hereby created an account within the capital improvement expansion fee fund to account
for the acquisition, construction and development of capital improvements related to the
provision of general governmental services, as described in the capital improvements plan for
general governmental services. Revenues shall include all fees collected pursuant to Subsection§
7.5-31(a). Expenditures from this account shall be made solely for the purposes described in
Subsection§ 7.5-31(b) and according to all other applicable provisions of Chapter 7.5.
Section 23. That Section 8-95 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-95. - Community parkland capital improvement expansion fee account.
There is hereby created an account within the capital improvement expansion fee fund to account
for the acquisition, construction and development of capital improvements related to the
-16-
provision of community parklands, as described in the capital improvements plan for community
parkland. Revenues shall include all fees collected pursuant to Subsection§ 7.5-28(a).
Expenditures from this account shall be made solely for the purposes described in Subsection§
7.5-28(b) and according to all other applicable provisions of Chapter 7.5.
Section 24. That Section 8-96 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-96. - Police capital improvement expansion fee account.
There is hereby created an account within the capital improvement expansion fee fund to account
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.
Revenues shall include all fees collected pursuant to Subsection§ 7.5-29(a). Expenditures from
this account shall be made solely for the purposes described in Subsection§ 7.5-29(b) and
according to all other applicable provisions of Chapter 7.5.
Section 25. That Section 8-97 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 8-97. - Fire protection capital improvement expansion fee account.
There is hereby created an account within the capital improvement expansion fee fund to account
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. Revenues shall include all fees collected pursuant to Subsection§ 7.5-
30(a). Expenditures from this account shall be made solely for the purposes described in
Subsection§ 7.5-30(b) and according to all other applicable provisions of Chapter 7.5.
Section 26. That Section 24-111 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-111. Definitions
. . .
Exemption shall mean the granting of a partial or complete waiver of the street
oversizingtransportation expansion fee not to exceed fifty thousand dollars ($50,000.).
Fee shall mean the street oversizing capital improvement expansion fee.
. . .
Transportation expansion fee shall mean the fee established in § 7.5-32.
Transportation Ffund shall mean the street oversizingtransportation improvement fund
established in § 8-87.
Street oversizingTransportation improvements shall mean those capital improvements needed to
construct arterial or collector streets in the City as shown on the City’s adopted of Fort Collins
-17-
Master Street Plan, as amended, excluding the local street portions of such streets. Street
oversizing improvements shall include, without limitation, the following capital improvements
when described in said Master Street Plan or as described in the City’s adopted Bicycle Master
Plan and Pedestrian Master Plan, as these plans may be hereafter amended: right-of-way
acquisition; vehicle and bicycle lanes; curbs, gutters and other drainage structures; pedestrian
ways; traffic control devices and signals; medians and median landscaping; and transit facilities,
including, without limitation, transit stops and rolling stock, to the extent that such transit
facilities are reasonably necessary to expand the City's transit system so as to provide transit
services to feepayers, as thatthis term is defined in § 7.5-17. However, transportation
improvements shall not include the local street portion and related capital improvements required
for a developed parcel under this Code and the Land Use Code.
Section 27. That Section 24-112 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-112. - Street oversizingTransportation improvements reimbursement program.
(a) Street oversizing capital improvement feeThe transportation expansion fee revenue collected
pursuant to §§ 7.5-19 and 7.5-32 and deposited in the transportation fund shall be utilized to
pay certain costs associated with and necessary for the following transportation
improvements: (1) increasing the width of streets and sidewalks from local access status to
arterial or collector status; (2) acquiring the necessary right-of-way to accommodate the
expansion of such streets and sidewalks; (3) providing traffic signalization when required
because of collector or arterial status; and (4) expanding the City's transit system. Payments
for such purposes may be made directly by the City or in the form of reimbursements to the
developers of real property in the City according to the provisions of this Division. Those
categories of cost which will be eligible for reimbursement from the transportation fund
shall be determined by the City Engineer, who shall maintain an itemization of the same in
the form of administrative guidelines. The City shall not participate in the cost of street
oversizingthese or any other transportation improvements required solely for the special use
and benefit of the adjacent development, including, without limitation, any acceleration or
deceleration lanes, double left-turn lanes, or traffic-control signals that are required by the
transportation impact study for the development or by the Traffic Engineer. Notwithstanding
the foregoing, street oversizingmonies from the transportation funds may be utilized to pay
for all traffic-control signals associated with arterial-arterial intersections and for one (1)
such signal per collector-arterial intersection per mile. Monies expended for street
oversizingfrom the transportation fund improvements shall not be utilizedused to pay for the
cost of increasing the depth of the local access portion of any street required to be
constructed to arterial or collector standards.
(b) The City Council shall, by resolution, adopt criteria to evaluate the community benefit of
streets in a development project to determine whether street oversizingtransportation
improvements are needed. If the City determines that the construction of street
oversizingtransportation improvements do not convey a measurable community benefit
according to such criteria, then no monies expended by the developer for such street
oversizing expenditurestransportation improvements shall be eligible for reimbursement by
the City, and the street construction requirements for the development shall be limited to
-18-
those reasonably necessary to offset the traffic impacts of the development. All collector and
arterial streets, if required, shall be constructed to such specifications as shall be necessary
in the judgment of the City Engineer based on traffic safety considerations, and taking into
account the transportation impact of the development upon such arterial or collector street.
No such arterial street shall be constructed to a width of less than thirty-six (36) feet.
(c) The City shall have no obligation to make reimbursement payments for street
oversizingtransportation improvements unless funds for such payments shall first have been
budgeted and appropriated from the transportation fund by the City Council; provided,
however, that, to the extent that funds are not available for such reimbursement, the City
shall not require construction, at the developer's expense, of any oversized portion of streets
not reasonably necessary to offset the traffic impacts of the subject development, unless
otherwise agreed upon by the City and the developer. The City shall have no obligation to
make payment for street oversizingtransportation improvements unless a written request for
such payment in form acceptable to the City and providing reasonable detail and proof of the
expenses incurred shall have been submitted to the City within ninety (90) days of written
City acceptance of such completed improvements.
(d) In order to limit the reimbursement payments under this Section to the amount budgeted and
appropriated, the City may make the following payments from the transportation fund
subject to the limitations as contained in Subsection (c) above:
(1) Upon acceptance and approval by the City of a payment request for street
oversizingtransportation funds, the City may pay a percentage of the amount requested.
The percent of initial payment shall be determined by the City Engineer prior to the
start of the applicable budget year.
(2) At the close of the submittal period for the applicable budget year, the City will
proportionally reimburse any remaining revenues from that budget year to development
projects that had received a percentage reimbursement. Such proportionate
reimbursement shall be based upon the following ratio:
Total revenues budgeted and appropriated =
Total of requested payments for street oversizingtransportation improvements
Proportionate reimbursement of
each requested payment
Section 28. That Section 24-113 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 24-113. - Fee waiver, appeals.
(a) Exceptional hardship . The City Engineer, upon application of any interested party, may
waive or otherwise adjust any of the fees, as set forth in § 7.5-17 established in Division 1 of
Article II in Code Chapter 7.5, in order to prevent manifest injustice. No such waiver shall
be granted unless, by reason of extraordinary and exceptional situations or conditions of the
property which is the subject of the fee, the strict application of this Division would result in
-19-
peculiar and exceptional hardship upon the owner of such property; provided, however, that
such relief may be granted without substantially impairing the intent and purposes of this
Division. No such hardship shall be founded upon ability or inability to pay the fee.
. . .
Section 29. That Section 3.3.2(G) of the Land Use Code is hereby amended to read as
follows:
(G) City Participation in Certain Street Improvements.
(1) If a street within or adjacent to the development is improved as an arterial or
collector street rather than as a local street, the developer making such improvements
shall be reimbursed in accordance with the provisions of Section 24-112 of the City
Code.
(2) If an off-site street is improved to a width in excess of thirty-six (36) feet, and
provided that such excess width is not required because of the traffic impacts of the
development, the City Engineer shall compute the extra expense caused by such street
being improved to such excess width. Such extra expense shall be paid by the City out of
the Street Oversizing FundTransportation Improvements Fund established in § 8-87. The
City's obligations to participate in such costs shall be limited to those funds budgeted and
appropriated for the payment requested. The participation of the City shall be limited to
the costs of design, construction and right-of-way acquisition as limited pursuant to
Section 24-112 of the City Code and costs of curbs, gutters or sidewalks exceeding local
standards.
. . .
Introduced, considered favorably on first reading, and ordered published this 16th day of
May, A.D. 2017, and to be presented for final passage on the 6th day of June, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of June, A.D. 2017.
__________________________________
Mayor
ATTEST:
-20-
_______________________________
City Clerk
-1-
ORDINANCE NO. 068, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT
COLLINS REGARDING CALCULATION AND COLLECTION OF
DEVELOPMENT FEES IMPOSED FOR THE CONSTRUCTION
OF NEW OR MODIFIED ELECTRIC SERVICE CONNECTIONS
WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the
City Charter to fix, establish, maintain and provide for the collection of such rates, fees or
charges for utility services furnished by the City as will produce revenues sufficient to pay the
costs, expenses and other obligations of the electric utility, as set forth therein; and
WHEREAS, pursuant to City Code Sections 26-473 through 26-475, the City imposes
development fees for new or modified electric service connections, including an Electric
Capacity Fee and a Building Site Charge; and
WHEREAS, the ECF is a one-time charge designed to recover the initial cost of adding
new development to the electric system, and the Building Site Charge (BSC) is designed to
recover actual time and materials costs associated with building on site electric facilities at the
specific development; and
WHEREAS, the ECF and BSC together represent the total electric plant investment fee
(PIF) for new development; and
WHEREAS, during 2016, Electric Utility staff engaged NewGen Strategies to assist in
evaluating the calculation and methodology used in setting the ECF and BSC in light of the
Utility’s costs, the nature of development occurring in the City, and regional municipal utility
practice; and
WHEREAS, staff has determined the current methodology assumes greenfield
development, looking to square footage, the linear footage that abuts the public right of way, and
demand (kilowatt or kW) required to serve the developed site; and
WHEREAS, as the City experiences more redevelopment, mixed use developments and
higher density developments, this method fails to appropriately assign capital costs to the new
load required to serve developed sites; and
WHEREAS, staff recommends updating the cost allocation methodology used to
calculate the ECF and BSC to assign costs based on actual system value, which is the “buy-in”
approach used to calculate new or modified service connection fees for water and wastewater
services, more accurately reflect the cost of redevelopment in the community, and simplifies
administration of the ECF and BSC; and
WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter
26 of the City Code to update the methodology for calculating and applying the Electric Capacity
Fee and a Building Site Charge for new or modified electric service connections.
-2-
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 Section 26-474(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-474. Residential electric development fees and charges.
. . .
(b) The ECF shall be the total of the site footage charge, dwelling unit charge and
systems modification charge, to be determined as follows:
(1) The site footage charge shall be the combined total of:
a. Per square foot of developed site square footage, including all applicable tracts
but excluding the area of dedicated public rights-of-way and excluding areas
dedicated to the City as parkland, however, specific areas within City owned parks
that require electric service will be charged
$0.05186
b. Plus, per lineal foot of the developed site abutting a dedicated street or roadway $10.39
(21) The dwelling unit charge shall be as follows:
a. For a single-family panel size with one hundred fifty (150) amp service (nonelectric
heat), per dwelling unit
$1,408
$1,537
b. For a single-family panel size with two hundred (200) amp service or with one
hundred fifty (150) amp service with electric heat, per dwelling unit
$2,283
$1,879
-3-
c. For a single multi-family panel size with electric heat one hundred fifty (150) amp
service (nonelectric heat), per dwelling unit
$939
$2,508
d. For a multi-family panel size with two hundred (200) amp service or with one
hundred fifty (150) amp service with (non-electric heat), per dwelling unit
$1,612
$1,350
e. For a multi-family panel size with two hundred (200) amp service or with one
hundred fifty (150) amp service with electric heat, per dwelling unit
$2,066
(32) A system modifications charge will apply when a new or modified service will
require infrastructure in addition to or different from the standard base electrical
system model. The differential costs associated with such system modifications
will be included in the calculated ECF.
. . .
Section 3. That Section 26-474(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-474. Residential electric development fees and charges.
. . .
(d) A Building Site Charge ("BSC") for any new or modified residential service shall
consist of the total of the applicable charges as described in this Subsection (d), and shall
be paid as specified herein.
. . .
(2) When any new or modified residential service requires installation by the
Utility of secondary service the BSC shall include a secondary service charge
(SSC), and shall be paid at the time of building permit and based upon the current
rates as of the time of issuance of the building permit. The SSC for single-family
and duplex residences shall be the total of the secondary service charges,
determined as follows:
a. The secondary service charge shall be as follows:
-4-
Secondary
Service Size
Charge
(up to 65 feet)
Plus Per-Foot
Charge for
Each Foot Over 65
1/0 service $682.00 $4.99/Foot
4/0 service $806.00 1,143.00 $5.63 7.05/Foot
350 kCM Service $912.00 $7.23/Foot
1/0 Mobile Home Service $532.00 N/A
4/0 Mobile Home Service $638.00 932.00 N/A
. . .
(4) Any single-phase residential service over two hundred (200) amps or any
dwelling unit larger than a duplex shall be considered a commercial non-
residential service.
Section 4. That Section 26-475(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-475. Nonresidential electric development fees and charges.
. . .
(b) The ECF shall be the total of the site footage charge, kVA service charge and
systems modification charge, to be determined as follows:
(1) The site footage charge shall be the combined total of:
a. Per square foot of developed site square footage, including all applicable tracts
but excluding the area of dedicated public rights-of-way and excluding areas
dedicated to the City as parkland, however, specific areas within City owned parks
that require electric service will be charged
$0.05186
b. Plus, per lineal foot of the developed site abutting a dedicated street or roadway $38.80
(21) The kVA service charge shall be determined as follows.
-5-
a. For customer electric loads served by the utility, the kVA service
charge shall be calculated as follows:
1. Utility-owned transformers: the kVA service charge per kilovolt-amp (kVA) of
service load rating as determined by main disconnect size (not fuse sizing).
$70.31
2. Customer owned transformers: the kVA service charge per kilovolt-amp (kVA) of
service load rating.
$61.13
ECF shall be calculated as follows:
secondary metered services $/kW = 320.31 + 21 x ln(kW)
primary metered services $/kW = 212.78 + 7.89 x ln(kW),
Where ln is the natural logarithm
kW is calculated as follows:
three phase services kW = A x V x SQRT(3) x PF x 0.3
single phase services kW = A x V x PF x 0.3
Where A is the requested amperage. V is requested line to line
voltage. PF is the power factor, which is assumed to be 0.9.
b. For the utility to receive customer generation in excess of the customer's
electric service provided by the utility, the following KVA service charge will also
apply:
1. Utility-owned transformers: the kVA service charge per kilovolt-amp (kVA) of
generation service rating in excess of the service load rating as paid per Subsection
(b)(2)a.1. Such ratings shall be determined by the Utilities Executive Director.
$61.13
2. Customer-owned transformers: the kVA service charge per kilovolt-amp (kVA) of
generation service rating in excess of the service load rating paid per Subsection
(b)(2)a.2. Such ratings shall be determined by the Utilities Executive Director.
$43.63
-6-
(32) A system modifications charge will apply when a new or modified service will
require infrastructure in addition to or different from the standard base electrical
system model. The differential costs associated with such system modifications
will be included in the calculated ECF.
. . .
Section 5. That Section 26-475(d) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-475. Nonresidential electric development fees and charges.
…
(d) A Building Site Charge ("BSC") for extending primary circuitry to the
transformer for any new or modified nonresidential service shall be invoiced and paid in
the same manner and at the same time as the ECF is invoiced and paid pursuant to
Section 26-475(a). The BSC shall be the total of the primary circuit charge, transformer
installation charge and any additional charges, determined as follows:
(1) The primary circuit charge for service from the utility source to the
transformer shall be as follows:
a. For single-phase service, per foot of primary circuit $9.45 9.12
b. For three-phase service, per foot of primary circuit $17.76 16.58
(2) The transformer installation charge shall be as follows:
a. For single-phase service, per transformer $1,387.00 1,153.19
b. For three-phase service, per transformer $2,432.00 2,458.14
…
Section 6. That the amendments to Chapter 26 of the City Code contained herein
shall go into effect for all new or modified electric service connections on October 1, 2017.
-7-
Introduced, considered favorably on first reading, and ordered published this 16th day of
May, A.D. 2017, and to be presented for final passage on the 6th day of June, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 6th day of June, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Affordable Housing Board X XX XX X
Board of Realtors X X XX X X X X X
Economic Advisory Commission X X
Downtown Development Authority X XX X X X X
Building Review Board X
Parks and Recreation Board X XXX X
North Fort Collins Business Association X X XX X X
Housing Catalyst X XX X
Human Relations Board X XX X X
ATTACHMENT 1