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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/04/2018 - FIRST READING OF ORDINANCE NO. 147, 2018, ADOPTINGAgenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY December 4, 2018 City Council STAFF Kyle Lambrecht, Civil Engineer Timothy Kemp, Civil Engineer III Chad Crager, Director of Infrastructure Services Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 147, 2018, Adopting the 2019 Larimer County Regional Transportation Capital Expansion Fee Schedule. EXECUTIVE SUMMARY The purpose of this item is to adopt the 2019 Larimer County Regional Transportation Capital Expansion Fee Schedule (Regional Road Fee) as determined by the Intergovernmental Agreement with Larimer County. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2000, the City of Fort Collins and Larimer County entered into an Intergovernmental Agreement (IGA) authorizing the City to collect Larimer County Regional Road Fees (RRF) on behalf of Larimer County. The RRF are collected with the issuance of a building permit. The RRF generates revenue for road improvements on regionally significant roadways that are necessitated by new development. The RRF are only used on capacity-related improvements that mutually benefit both the City and Larimer County. Since 2000, the City and Larimer County have collected $6,023,061 in RRF. Per the agreement, Larimer County serves as the RRF administrator and is responsible to develop project recommendations for fee utilization. Larimer County’s recommendations are typically based on the County’s Transportation Master Plan, a document which identifies regionally significant roadways. Once a project has been identified, City and County staff work together to determine RRF funding allocations. RRF are frequently leveraged with other funds to support larger scale capital projects and can fully support small scale capacity- related improvements. The City and Larimer County have partnered to design and construct several projects along regionally significant roadways, including improvements to Taft Hill Road, Shields Street, and the Shields Street/Vine Drive intersection. City and County staff continue to plan for future improvements, recognizing opportunities for additional improvements along regionally significant corridors. The Larimer County Land Use Code specifies that its RRF must be updated annually to reflect changes in road construction costs during the previous year. The updated fees typically become effective on the first day of July. Unless a fee study recommends otherwise, the standard fee adjustment methodology is based on a two- year moving average calculated from the Colorado Construction Cost Index data compiled by the Colorado Department of Transportation. The most recent RRF schedule formally adopted by the City of Fort Collins was the 2015 fee schedule. Agenda Item 8 Item # 8 Page 2 In April 2018, the County completed a study recommending changes to the program’s fee calculation methodology, including: • Basing transportation capital expansion fees for residential developments on dwelling size as opposed to dwelling type. • Consolidating the non-residential development categories to three primary categories; Industrial, Commercial, and Office and Other Services • Revising the fee methodology to use Vehicle Miles Traveled (VMT) as the basis for determining impact, instead of trips generated. The use of vehicle miles traveled to determine impacts to a municipality’s transportation network more accurately ties the fee to demand on the transportation system and is considered a best management practice by the infrastructure financing strategies industry. This methodology is similar to how the City determines its Transportation Capital Expansion Fees (TCEF) and results in a new fee schedule for the Regional Road Fees: Development Type 2019 Regional Road Fee 2015 Regional Road Fee Increase or Decrease Percent Change Residential (per dwelling) by Finished Square Foot of Living Space 900 or less $163 $211 ($48) (23%) 901 to 1300 $228 $211 $17 8% 1301 to 1800 $275 $302 ($27) (9%) 1801 to 2400 $322 $302 $20 7% 2401 to 3000 $361 $302 $59 20% 3001 to 3600 $393 $302 $91 30% 3601 or more $420 $302 $118 39% Non-Residential (per 1000 Square Feet of Floor Area) Industrial $100 $257 ($157) (61%) Commercial $422 $837 ($415) (50%) Office & Other Services $248 $432 ($184) (43%) In general, RRFs for single family detached homes will increase while RRFs for non-residential developments will decrease. The revised Regional Road Fees were adopted by Larimer County in July 2018. Under the City Code, revisions to the RRF do not take effect in the City until Council approves a new fee schedule. At the December 4, 2018 Council Meeting, City staff is presenting revisions to the current City Capital Expansion and Transportation Capital Expansion Fees for consideration. Staff has aligned the consideration for adoption of the RRF with consideration for adoption of the City’s Capital Expansion Fees to provide Council a holistic view of the total cost impacts associated with the various expansion fees collected from new development by the City. The County is aware of this difference in adoption schedule. If the RRF are included as part of a City managed construction project, one percent of the funds will be allocated for public art. CITY FINANCIAL IMPACTS The RRFs are collected on behalf of Larimer County and the program. Revenues from the RRFs will pass through City accounts and will not affect City revenue limits under Article X, Section 20. The City does retain a 2% administration fee. Adoption will result in an increase to development fee payers. BOARD / COMMISSION RECOMMENDATION Agenda Item 8 Item # 8 Page 3 Staff presented the proposed Regional Road Fee revisions to the City of Fort Collins Council Finance Committee at the September 17, 2018, meeting (Attachment 1). PUBLIC OUTREACH As these fees are imposed by Larimer County, County staff served as the lead during public outreach. County staff conducted two stakeholder meetings, two joint work sessions with both the County Planning Commission and the Board of County Commissioners, and a public hearing at both the Planning Commission and a regular meeting of the Board of County Commissioners. (Attachments 2-5). ATTACHMENTS 1. City Finance Committee Meeting Minutes, September 17, 2018 (draft) (PDF) 2. Larimer County Board of Commissioners Minutes, April 9, 2018 (PDF) 3. Larimer County Board of Commissioners Minutes, May 21, 2018 (PDF) 4. Larimer County Planning Commission Minutes, March 21, 2018 (PDF) 5. Larimer County Planning Commission Minutes, April 18, 2018 (PDF) 6 Mike Beckstead; with this update we would be right in the middle – we don’t have cost of code included in this comparison because we don’t know what their cost of code is. We looked at our cost of code over time – median home prices – has been right in the 10% range Ross Cunniff; I would like to add my thanks to the committee members and the staff who participated – I think it ended up being a much more involved task than we thought it would be Mayor Troxell; I add my thanks - this is an excellent piece of work with a lot of complexity - illustrates the kinds of questions that were being asked by many over a long time are now answerable. B. Partnership Fee Update – Regional Road Fee & School PILOs Update Ginny Sawyer, Senior Project Manager Kyle Lambrecht, Civil Engineer III Tim Kemp, Interim Capital Projects Manager EXECUTIVE SUMMARY The purpose of this item is to present and discuss updates to the Larimer County Regional Road and School District fees. These fees are considered “partnership” fees; fees collected by the City of Fort Collins on behalf of Larimer County and the Poudre and Thompson School Districts, respectively. The County has made fee adjustments to the Regional Road Fee which will need to be considered by the City Council. Currently, adoption of the Regional Road Fee is aligned with the City’s Capital Expansion Fees which are considered annually in December. The School District agreements are set to expire on December 31, 2018. Staff from the City and each District have been working on minor revisions to the Intergovernmental Agreements which will come before Council for consideration, before the end of 2018. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the Council Finance Committee have any additional questions regarding the fees or the timing of the updates? BACKGROUND/DISCUSSION Regional Road Fee In 2000, the City and Larimer County entered into an Intergovernmental Agreement (IGA) authorizing the City to collect a Regional Road Fee on behalf of Larimer County. The fee is collected at the time a building permit is issued. The Regional Road Fee helps generate revenue for road improvements on regionally significant roadways that are necessitated by new development. The fees are only used on capacity related improvements that are of mutual benefit to both the City and Larimer County. Since 2000, the City and Larimer County have partnered to design and construct several projects along regionally significant roadways; including improvements to Taft Hill Road, Shields Street, and the Shields Street/Vine Drive intersection. City and County staff continue to plan for future improvements, recognizing opportunities for Council Finance Committe September 17, 2108 ATTACHMENT 7 additional improvements along regionally significant corridors. Since 2000, $6,023,061 in regional road fees has been collected. The Larimer County Land Use Code specifies that its Regional Road Fees must be updated annually to reflect changes in road construction costs during the previous year. The updated fees typically become effective on the first day of July. Unless a fee study recommends otherwise, the standard fee adjustment methodology is based on a two-year moving average calculated from the Colorado Construction Cost Index data compiled by the Colorado Department of Transportation. The most recent Regional Road Fee schedule formally adopted by the City of Fort Collins was the 2015 fee schedule. In April 2018, the County completed a study recommending changes to the program’s fee calculation methodology, including: • Basing transportation capital expansion fees for residential developments on dwelling size as opposed to dwelling type. • Revising the fee methodology to use Vehicle Miles Travelled (VMT) as the basis for determining impact, instead of trips generated. This change more accurately ties the fee to demand on the transportation system. The use of vehicle miles traveled to determine impacts to a municipality’s transportation network is considered a best management practice by the infrastructure financing strategies industry. This methodology shift results in a new fee schedule for the Regional Road Fees: Development Type 2018 Regional Road Fee 2015 Regional Road Fee Increase or Decrease Percent Change Residential (per dwelling) by Finished Square Foot of Living Space 900 or less $163 $211 ($48) (23%) 901 to 1300 $228 $211 $17 8% 1301 to 1800 $275 $302 ($27) (9%) 1801 to 2400 $322 $302 $20 7% 2401 to 3000 $361 $302 $59 20% 3001 to 3600 $393 $302 $91 30% 3601 or more $420 $302 $118 39% Non-Residential (per 1000 Square Feet of Floor Area) Industrial $100 $257 ($157) (61%) Commercial $422 $837 ($415) (50%) Office & Other Services $248 $432 ($184) (43%) In general, regional road fees for single family detached homes will increase while regional road fees for non- residential developments will decrease. The revised Regional Road fees were adopted by Larimer County in July 2018. Under the City Code, changes in the County fee schedule do not take effect in the City until the City Council approves a new fee schedule. Currently, consideration for adoption of the partnership fees is aligned with consideration for adoption of the City’s Capital Expansion Fees. City Capital Expansion Fees are considered for adoption annually in December. The County is aware of this adoption schedule. 8 School District Fees In 1998, the City of Fort Collins and Thompson and Poudre School Districts entered into Intergovernmental Agreements (IGAs) regarding land dedication for new developments, including a provision for fees-in-lieu of land dedication. Fees are based on a number of factors including school site size, student population projections, enrollment capacities of each type of school (elementary, junior high and high schools), and the cost of developed land within the school district. Site sizes and enrollment capacities are set by School District policy. Both IGAs were set to expire in April 2018. City Council and each School Board adopted resolutions to extend the agreements through December 31, 2018. Staff have been working with each entity to review and update the IGAs. Currently no fee changes are scheduled. The last Poudre School District fee review and change was in 2013. The last Thompson School district fee review and change was in 2006. Collections since 2000 are as follows: Poudre School District Thompson School District Paid Paid Document Type PV Document Type PV Row Labels Sum of Actual Amount Row Labels Sum of Actual Amount 2000 684,858 2000 47,810 2001 799,629 2001 82,104 2002 964,309 2002 184,386 2003 993,659 2003 292,402 2004 582,358 2004 163,948 2005 658,100 2005 150,284 2006 639,925 2006 4,782 2007 532,629 2007 5,571 2008 663,989 2008 55,891 2009 256,217 2009 51,728 2010 335,649 2010 35,393 2011 703,448 2011 21,780 2012 753,304 2012 164,714 2013 1,526,988 2013 107,540 2014 1,554,501 2014 70,786 2015 1,378,632 2015 21,537 2016 1,530,257 2016 5,688 2017 1,642,226 2017 21,780 2018 875,020 2018 5,445 Grand Total 17,075,697 Grand Total 1,493,571 9 Discussion / Next Steps; Mayor Troxell; County assumptions are probably different Kyle Lambrecht; They use different factors / trip lengths Mayor Troxell; APP - does that come out of this fee? Ross Cunniff; my understanding if that APP comes out of the total cost Mike Beckstead; my guess is $11m - 1% irrespective of funding source - Federal Projects can’t do APP and I am not sure this is excluded Ross Cunniff; Do you have a methodology on how you assess? Do we take into account the regional people using this in addition to residents? Tim Kemp; Rusty McDaniel and Traci Shambo are here from the County staff - How we are assessing how much of the regional road fees go to projects. We are trying to accumulate as much as we can and put it to each project - not based on a set methodology. Can we match a grant? How much is the County putting in? Ross Cunniff; some are well outside the city limits - not used as much by city residents – my suspicion is that it varies by project – the amount that we spend city versus regional -The future project of Horsetooth and Taft Hill – very strongly city resident driven vs. Shields/Willox /287 - destinations outside city limits. Thinking ahead to really big projects like Vine / Lemay overpass – we aren’t actually capturing the cost - we don’t have a mechanism – the cost of the new regional buildout Darin Atteberry; these capital projects are primarily -they are not typically expanded in the city limit Vine / Lemay - lots of trips destined outside the city limits -Vine /Lemay is not part of the calculation For regional - Point is a really good one – these facilities are heavily used by residents living inside and out of the city limits / GMA. We should think about a more systematic approach to how we calculate these. Each one of these projects is unique - a big sticky - I think it is important to have our normal methodology documented – what is our starting point? so it is not a customized one off - having some sort of documentation of what our process is – first and foremost, outside grants, state grants. We go through this process – understanding the uniqueness of projects but this really should be standard operating policies round how we do this Ross Cunniff; we are not even coming close to recognizing the cost of the GMA - even with this fee structure Darin Atteberry; includes this build out number – no different than the conversation about this is only their water utility now – it is about water across the GMA – this isn’t only about the impact to the General Fund it is making sure the facilities are being built to provide for future growth - that our vocabulary includes this Mayor Troxell asked about comparables -who do we benchmark against - the other jurisdictions are considering a broad impact fee - my understanding is - when you look at our stack – there has to be an * on part of it - we 10 have been arguing this philosophy since this was put in place by Council – from a regional policy standpoint, It doesn’t make sense that this isn’t occurring in other communities as well. Important to share that message back That other jurisdictions don’t have these – results in less efficiency region wide. Ross Cunniff; beyond efficiency - fairness is the driver Darin Atteberry; if not this, what other mechanism is being used? Mayor Troxell; GMA - it is a complete streets framework Kyle Lambrecht; I can’t speak to County but I know with the City we do look at complete streets basing our costs on complete. Regional roads - impact fees can only be used for capacity improvements including vehicles and multimodal. Tim Kemp; with the majority of these projects we did add bike lanes, curbs and gutters, sidewalks and intersection improvements. Ross Cunniff; would 287 sidewalks have been eligible? Tim Kemp; that is on the CDOT right-of-way so we didn’t participate in that - city and county fee collection that we share - City transportation capital expansion fee is adding to that project Mayor Troxell; Do you mean wider street with paint or grade separated for bike lanes? Tim Kemp; to date it has been a wider street with paint Mayor Troxell; looking at Mulberry Street - grade separated - how do we go forward with a safer system? What do we mean by complete streets? Where we are going with bike infrastructure? Denver example in the RiNo District - a wider sidewalk up - marked with green - more of a bike / pedestrian realm instead of bike / car. How do we get to that sort of thinking? Tim Kemp; only a difference in terminology - we call them protected bike facilities - with our current standards – our revised plans - example - Suniga between College and Blondel has a protected bike lane - peds and bikes are up on sidewalks - we will continue to look at it with the County. Mike Beckstead; hearing some follow up on documentation of methodology and how we share costs School District PILO Fee Update Ginny Sawyer, Senior Project Manager AMENDED MINUTES OF THE BOARD OF COUNTY COMMISSIONERS Monday, April 9, 2018 LAND USE HEARING The Board of County Commissioners met at 3:00 p.m. with Matt Lafferty, Principal Planner. Chair Johnson presided and Commissioners Donnelly and Gaiter were present. Also present were: Lea Schneider, Health and Environment Department; Bill Ressue, County Attorney’s Office; Michael Whitley, Planning Department; and Denise Ruybal, Deputy Clerk. Chair Johnson opened the hearing with the Pledge of Allegiance. He noted that the Castanon Public Site Plan for an accessory living area with appeal, File #18-ZONE2323 has been removed from the agenda. He then noted that the following items were on the consent agenda and would not be discussed unless requested to do so by the Board, staff, or members of the audience: 1. TRANSPORATION CAPITAL EXPANSION FEES: The Larimer County Transportation Capital Expansion Fee was last updated in 2006 in conjunction with the Transportation Master Plan. This update simplifies the fee calculation and the benefit districts. Larimer County began collecting transportation capital expansion fees Impact Fee since 1998. The consulting firm, TischlerBise, presented material at the February 7, 2018 PC/BCC work session and followed up on questions at the March 14, 2018, work session that outlined the new fee structure and the relevant details. The Planning Commission and Board of County Commissioners have had two work sessions that discussed the proposed transportation capital expansion fee update. The first work session, February 7, 2018, reviewed the approach and revised calculations for impacts fees. The update to the expansion fees include: · Three categories of non-residential impact fees – industrial, commercial and office. • Tiered expansion fees for residential uses tied to the size of the residence and the amount of finished square footage. How the fee is calculated: Fees are calculated based on trip generation rates, average trip lengths and the calculated cost per vehicle mile of travel associated with new capacity needs. Adjustment factors are used to account for the percentage of primary trips associated with each type of use. Consistent with prior transportation capital expansion fees, there is a provision for an independent fee calculation study if an applicant believes they have data to justify a difference from the standard rates. There were several questions that were asked at the February 7 meeting that included: · Expand the impact fee comparison to include Windsor, Wellington and Timnath · Show the fitted curve equation that has residential trip flattening out with the larger square footage · Moving to one Benefit District · Presenting an example of the impact fees under the current fee structure and the proposed fee structure These items were discussed at the March 14, 2108 PC/BCC work session. Direction from the work session was to: · Include two additional categories of residential that went from five (5) to seven (7) · Use one benefit district · Use trip length adjustment factors in the calculation as it is based Larimer County data Staff recommends adoption of the 2018 Transportation Capital Expansion Fee. The attached document takes into account direction from the Planning Commission and Board of County Commissioners during the review process. 2. SUNRISE ACRES 5 LOT 14 CONDO PLAT VACATION, FILE #18-LAND3747: This is a request for approval of the vacation of the approved and recorded Condominium Plat for Lot 14 Sunrise Acres 5 Filing. th TH th BCC Minutes for 04/09/18 Page 1 of 6 https://apps.larimer.org/bcc/bccmin/BC180409.htm 11/5/2018 ATTACHMENT 2 2. Staff prefers a flat rate for all projects that cover average costs, because of the variable number of letters sent. Staff clarified that the right-of-way width should not be counted. 2. FOX RIDGE ESTATES AMENDED PLAT: This is a request to reconfigure a platted lot and an adjacent metes and bounds parcel. The applicant proposed to reconfigure two properties with no new building sites. Lot 3 of Fox Ridge Estates is approximately 2.51-acres, and the metes and bounds parcel is approximately 17.94-acres in size. Lot 3 will be resized to approximately 0.43- acres, and will result in an outbuilding as well as ponds. The metes and bounds parcel will be approximately 10-acres, and meets the minimum lot sizes in the RE-Zoning District. Existing residences would remain contained on each existing parcel, and 1.08-acres of right-of-way (ROW) is to be dedicated to Larimer County for Dry Gulch Road. This ROW dedication is to remedy discrepancies with the historical, 50-foot ROW and the existing road. This has been reviewed and found to be acceptable by the Larimer County Engineer. Staff recommends approval of the proposed Fox Ridge Estates Amended Plat. 3. TRANSPORTATION CAPITAL EXPANSION FEES, FILE #18-CODE0228: This is a request to adopt the land use code changes to the Transportation Capital Expansion Fee (TCEF). The TCEF was last updated in 2006, in conjunction with the Transportation Master Plan, and include three categories of non-residential impact fees: industrial, commercial and office; as well as, tiered expansion fees for residential uses tied to the size of the residence and the amount of finished square footage. Fees are calculated based on trip generation rates, average trip lengths and the calculated cost per vehicle mile of travel associated with new capacity needs. Adjustment factors are used to account for the percentage of primary trips associated with each type of use. There is a provision for an independent fee calculation study if an applicant believes they have data to justify a difference from the standard rates. The TCEF document includes the following: 1. Expand the impact fee comparison to include Windsor, Wellington, and Timnath. 2. Show the fitted curve equation for residential trips. 3. Use one Benefit District. BCC Minutes for 05/21/18 Page 3 of 15 https://apps.larimer.org/bcc/bccmin/BC180521.htm 11/5/2018 ATTACHMENT 3 4 Include two additional categories of residential that went from 5 to 7. 5. Use trip length adjustment factors in the calculation as they are based on Larimer County data. Staff recommends the Board of County Commissioners adopt Sections 9.5 and 9.6 with revisions to be incorporated. 4. GARZA MINOR SPECIAL REVIEW, FILE #18-ZONE2344: This is a request for a Minor Special Review for the property located at 2631 West Vine Drive in Fort Collins. The property currently contains a 1900-square-foot vacant building constructed in 1972, which was historically utilized as a retail shop. The applicant has proposed to retrofit the existing building into a café with outdoor seating for customers. The proposal includes remodeling the interior of the building to include a new kitchen and indoor seating area. The use of a new café is allowed through a Site Plan Review in the B-Business zoning district. A Minor Special Review process is required to review the compatibility of the outdoor seating area with the surrounding neighborhood. The proposal includes defining the parking area on the property to be located South and East of the building, with two handicapped parking stalls to the West of the building. The application proposes to move the entrance of the property to Sunset Avenue and define an exit-only access onto Vine Drive. The final development plan process will be required to review on-site improvements if this proposal is approved by the Board. The Development Services Team finds: 1. The proposed use can be compatible with existing and allowed uses in the surrounding area and be in harmony with the neighborhood. 2. The proposed use is consistent with the County Master Plan. 3. The request must comply with the requirements of the Land Use Code. 4. The proposed use is not anticipated to have substantial adverse impacts on other property. 5. The recommendations of referral agencies have been considered. BCC Minutes for 05/21/18 Page 4 of 15 https://apps.larimer.org/bcc/bccmin/BC180521.htm 11/5/2018 prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted. 6. Right of Way for CR 40 totaling 60 foot half width and an additional utility easement of 14 feet shall be dedicated on the plat. 7. Final service commitment from the Boxelder District must be provided at the Final Plat application. 8. The applicant must satisfy the concerns of the State Engineer with respect to the Domestic well which may exist on the property. Evidence of the resolution must be provided at Final Plat. Commissioner Miller seconded the Motion. Commissioners’ Caraway, Christman, Cox, Gerrard, Jensen, Lucas, Miller, Wallace and Chairman Dougherty voted in favor of the Motion. MOTION PASSED: 9 -0 ITEM #5 2018 TRANSPORTATION CAPITAL EXPANSION FEE #18-CODE0227: Ms. Mallette provided background information on the request for updates to the Larimer County Transporation Capital Expansion Fees. The update simplified the fee calculation and the benefit districts. She stated that the Planning Commission and Board of County Commissioners had two worksessions that discussed the proposed transportation capital expansion fee update. The update to the expansion fees included: · Three categories of non-residential impact fees – industrial, commercial and office. · Tiered expansion fees for residential uses tied to the size of the residence and the amount of finished square footage. Commissioner Jensen thanked Ms. Mallette for her work on the proposal. DISCUSSION: Commissioner Cox moved that the Planning Commission adopt the following Resolution: BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the 2018 Transportation Capital Expansion Fee update. Commissioner Lucas seconded the Motion. Planning Commission Minutes for 03/21/2018 Page 5 of 19 https://apps.larimer.org/boards/minutes/pc_03212018_minutes.htm 11/5/2018 ATTACHMENT 4 Commissioner Gerrard recused himself from the vote. Commissioners’ Caraway, Christman, Cox, Jensen, Lucas, Miller, Wallace and Chairman Dougherty voted in favor of the Motion. MOTION PASSED: 8 -0 ITEMS: ITEM #4 STOVE PRAIRIE RANCH EVENTS CENTER SPECIAL REVIEW #16- ZONE2020: Mr. Whitley provided background information on the request for a Special Review for a Community Hall in the O - Open Zoning District at 9451 Old Flowers Road, Bellvue, which was located approximately 0.3 miles west of the intersection of Stove Prairie Road and Old Flowers Road. The applicant was requesting approval for a wedding events center that would hold up to 90 events per year. Up to 22 events would accommodate a maximum of 200 guests and staff on-site and up to 68 events would have a maximum of 50 guests and staff on-site. An existing indoor stable area of approximately 2,950 square feet would be remodeled to house restroom facilities and a catering prep area including a utility sink. Events would be held outdoor, primarily on the grounds surrounding the existing horse arena. The applicant’s project description anticipated most events to be held from June to mid-October. Winter events would be held if weather and road conditions allowed. The hours of operation were described as being from 7 am to 11:30 pm. He explained that four paved handicapped parking spaces would be provided near the existing arena. Eighty six parking spaces are proposed to be provided northeast of the existing arena within an area enclosed by an existing split rail fence. Because Old Flowers Road was not paved, the drive aisles, parking spaces and maneuvering areas were not required to be paved but must be an all-weather surface. The applicant was appealing the surface requirement to allow the area to remain a native grass access and parking surface instead of an all-weather surface per Section 8.6.3.C of the Larimer County Land Use Code. He noted that neighborhood comments received expressed concerns with lights from vehicles and the proposed hours. Commissioner Christman asked if the appeal included the handicap spaces. Mr. Whitley replied no. Commissioner Caraway asked about the all-weather surface. Planning Commission Minutes for 03/21/2018 Page 6 of 19 https://apps.larimer.org/boards/minutes/pc_03212018_minutes.htm 11/5/2018 LARIMER COUNTY PLANNING COMMISSION Minutes of April 18, 2018 The Larimer County Planning Commission met in a regular session on Wednesday, April 18, 2018, at 6:30 p.m. in the Hearing Room. Commissioners’ Caraway, Christman, Cox, Gerrard, Jensen, Miller and Wallace were present. Commissioner Dougherty presided as Chairman. Commissioner Lucas was absent. Also present were Todd Blomstrom, Public Works Director, Mark Peterson, County Engineer, Rob Helmick, Senior Planner, Michael Whitley, Planner II, Traci Shambo, Engineering Department, Lea Schneider, Health Department, and Jill Wilson, Recording Secretary. The Planning Commission went on a site visit to Hockensmith Subdivision, Colorado Cherry Company Rezoning, Mon Cheri Community Hall Special Review, and Timberline Resources 6 Amended Special Review. COMMENTS BY THE PUBLIC REGARDING THE COUNTY LAND USE CODE: Karen Wagner, the importance of 1041 regulations and the importance of state regulations. She mentioned Pueblo County for example in using an outside agency to address citizen concern before public hearings were scheduled. COMMENTS BY THE PUBLIC REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA: None. APPROVAL OF THE MINUTES FOR THE MARCH 21, 2018 MEETING: MOTION by Commissioner Cox to approve the minutes, seconded by Commissioner Miller. This received unanimous voice approval. AMENDMENTS TO THE AGENDA: CONSENT ITEMS: ITEM #1 AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE SECTIONS 9.5 & 9.6 #18-CODE0228: Ms. Mallette provided background information on the request to make amendments to the Larimer County Land Use Code, Section 9.5 Non-Regional Road Capital Expansion Fee and Section 9.6 Regional Road Capital Expansion Fee to comply with the 2018 Transportation Capital Expansion Fee. th Planning Commission Minutes for 04/18/2018 Page 1 of 29 https://apps.larimer.org/boards/minutes/pc_04182018_minutes.htm 11/5/2018 ATTACHMENT 5 DISCUSSION: Commissioner Cox moved that the Planning Commission adopt the following Resolution: BE IT RESOLVED that the Planning Commission recommends to the Board of County Commissioners approval of the Amendments to the Larimer County Land Use Code Sections 9.5 & 9.6, file #18-CODE0228, as shown on “Exhibit A” to the minutes. Commissioner Miller seconded the Motion. Commissioners’ Caraway, Christman, Cox, Gerrard, Jensen, Miller, Wallace and Chairman Dougherty voted in favor of the Motion. MOTION PASSED: 8 -0 ITEMS: ITEM #1 HOCKENSMITH SUBDIVISION #17-LAND3622: Mr. Whitley provided background information on the request for a Preliminary and Final Plat of a one lot Subdivision intended to remove the development restriction on Lot 2 of the Hockensmith Minor Land Division located at 102 N. County Road 23, Berthoud; located on the east side of County Road 23 approximately 2,000 feet south of the intersection of County Road 23 and County Road 8. He stated that there was a proposed building envelope. The request also includes an Appeal to Section 8.14.1.H (Lot Depth-to-Width Ratio) of the Land Use Code. PUBLIC TESTIMONY: Linda Angove, when the Minor Land Division was approved the applicant stated that the remaining 15 acres would be for pasture due to the floodplain. She wondered the plans for future development. It would cause problems to the north, south and east. It would obstruct flows along Dry Creek basin. She stated that the leech field, driveways would affect drainage and add to higher water tables. Commissioner Dougherty asked if the property would have to go through another approval. Mr. Whitley stated that a building permit would have to be applied for. It would have to show that the Finish floor elevation was at least 18 inches above the base elevation. Lea Schneider, stated that a system could not be in a floodplain but built right up to the floodway. It was a tight building envelope but we talked with staff and it is possible. Commissioner Dougherty asked if further subdividing could occur. Planning Commission Minutes for 04/18/2018 Page 2 of 29 https://apps.larimer.org/boards/minutes/pc_04182018_minutes.htm 11/5/2018 -1- ORDINANCE NO. 147, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2019 LARIMER COUNTY REGIONAL TRANSPORTATION CAPITAL EXPANSION FEE SCHEDULE WHEREAS, the City and Larimer County (the “County”) previously entered into an intergovernmental agreement, pursuant to Resolution 2000-024, whereby the City collects a Regional Transportation Capital Expansion Fee (also known as a “regional road impact” fee) on behalf of Larimer County at the time of issuance of building permits, which fee raises revenue for road improvements on regionally significant roadways that are necessitated by new development; and WHEREAS, the City and the County have established a procedure pursuant to City Code Section 7.5-82(c)(1) for the City Council to consider and approve any County-proposed changes to the Regional Transportation Capital Expansion Fee schedule in order to reflect changes in construction costs, or other relevant factors (the “Regional TCEF Schedule”); and WHEREAS, the last changes to the Regional TCEF Schedule were formally adopted by the City in 2015 and the County is now proposing changes to the Regional TCEF Schedule to modify its methodology towards a progressive fee for residential uses, based on square footage, while retaining a constant rate for industrial, commercial and office and other services; and WHEREAS, this proposed methodology is similar to the methodology the City currently uses for determining similar fees and this Regional TCEF Schedule will completely replace and supersede the prior 2015 Regional TCEF Schedule; and WHEREAS, the City Council has determined that it is in the best interests of the City that the County’s proposed changes to the Regional TCEF Schedule be adopted in order to further the public interest of adequately funding road improvements that are necessitated by new developments along regionally significant roadways that impact the City. 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 2019 Larimer County Regional Transportation Capital Expansion Fee Schedule (also known as the Regional Road Fee Schedule) attached hereto as Exhibit “A” and incorporated herein by reference is hereby adopted and approved, and shall go into effect in Fort Collins upon the effective date of this Ordinance. -2- Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2018, and to be presented for final passage on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk LARIMER COUNTY | ENGINEERING DEPARTMENT P.O. Box 1190, Fort Collins, Colorado 80522-1190, 970.498.5700, Larimer.org Transportation Capital Expansion Fee Schedule Effective July 1, 2018 Land Use Type County Road TCEF Regional Road TCEF Total Per Unit Residential (per Dwelling) by Square Feet of Finished Living Space 900 or less (Square Feet) $1,946 $163 $ 2,109 901-1300 (Square Feet) $2,727 $228 $ 2,955 1301-1800 (Square Feet) $3,284 $275 $3,559 1801-2400 (Square Feet) $3,846 $322 $4,168 2401-3000 (Square Feet) $4,315 $361 $4,676 3001-3600 (Square Feet) $4,699 $393 $5,092 3601 or more (square Feet) $5,020 $420 $5,440 Nonresidential (per 1,000 Square Feet of Floor Area) Industrial $1,196 $100 $ 1,296 Commercial $5,039 $422 $ 5,461 Office and other Services $2,965 $248 $ 3,213  The fee is based on the current Larimer County Transportation Capital Expansion Fee (TCEF) Study. The complete TCEF Study and TCEF Sections of the Larimer County Land Use Code (LCLUC Sections 9.5 and 9.6) are found at www.larimer.org/engineering/development-review under the Capital Expansion Fee header.  The “Residential” tiered fee schedule based on square footage applies to building permits for new residential structures with an application date after June 30, 2018. For new residences constructed after this date, the TCEF will also be applied to any new or additional finished living space square footage, including permits for additions and basement finishes. In such cases, the total fee due is the based on the incremental difference between the existing & proposed finished living square footage. Finished living square footage excludes unfinished basements, attics, and garage floor area. The “Residential” tiered fee structure will not be applied to additions or finishes of existing living space IF the original residential building permit was issued before July 1, 2018.  The “Nonresidential” fee schedule is based on building use and total square feet. The TCEF applies to new square footage and to changes of use of existing square footage of three general nonresidential categories that are further defined below: o “Industrial” includes the processing or production of goods, along warehousing, transportation, communications, and utilities. o “Commercial” includes retail development and eating/drinking places, along with entertainment uses often located in a shopping center (e.g. movie theater). o “Office & Other Services” includes offices, health care and personal services, business services (e.g. banks) and lodging. Public and quasi-public buildings that provide educational, social assistance, or religious services are also included in this category. EXHIBIT A