HomeMy WebLinkAbout038 - 03/17/1998 - REPEALING AND REENACTING CHAPTER 24, DIVISION 2 OF THE CITY CODE PERTAINING TO STREET OVERSIZING FUN ORDINANCE NO. 38, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND RE-ENACTING CHAPTER 24, DIVISION 2 OF THE CODE OF THE
CITY OF FORT COLLINS PERTAINING TO STREET OVERSIZING FUNDS AND
ENACTING ARTICLE II OF CHAPTER 7.5 ADDING PROVISIONS RELATED TO A
"STREET OVERSIZING CAPITAL IMPROVEMENT EXPANSION FEE"
WHEREAS, Chapter 24, Division 2 of the Code of the City of Fort Collins establishes a
Street Oversizing Fee which is to be paid prior to the issuance of building permits for various kinds
of land uses in the City; and
WHEREAS, revenues generated by the Street Oversizing Fee are used to pay certain costs
associated with, and necessary for, increasing the width of streets and sidewalks in the City from
residential access status to arterial or collector status, and for traffic signalization required because
of collector or arterial status; and
WHEREAS, on August 20, 1996, the City Council adopted Ordinance No. 110, 1996,
amending Chapter 7.5 of the City Code so as to increase the amount of the Street Oversizing Fee to
reflect increased costs attributable to changes in the design of arterial and collector streets in the City,
which changes in design have been made to accommodate alternative modes of traffic, to improve
the safety and aesthetics of the street system,and to provide for the more efficient flow of traffic;and
WHEREAS,during the last year,the City Council has adopted several major policy changes
which affect the Street Oversizing Fee, including, without limitation, City Plan, a revised Master
Street Plan, the Transportation Master Plan, and new street standards; and
WHEREAS, in order to provide a financially stable funding source to support the street
oversizing program, as modified by these revised policies, certain additional, substantive
modifications of the Street Oversizing Fee are necessary: and
WHEREAS, the Street Oversizing Fee remains an important source of funding for the
construction of new transportation infrastructure in the City, so the City's transportation system can
accommodate the transportation needs of new development for all modes of travel; and
WHEREAS,City staff has analyzed data available from the Northern Front Range Regional
Transportation Plan ("NFRRTP") in order to forecast fiiture travel behavior for the North Front
Range and the City of Fort Collins in particular; and
WHEREAS,the NFRRTP projects that approximately 75%of the increase in trips in the Fort
Collins area will be due to the influx of new development in that area; and
WHEREAS, City staff has also analyzed data contained within The ITE Trip Generation
Manual, 5th Edition, 199 1,and February 1995 Update published by the Institute of Traffic Engineers
in order to estimate the number of transportation trips from one destination to another that will be
generated by various kinds of land uses within the City: and
WHEREAS,the most equitable way to allocate among new development its fair share of the
cost to be incurred under the City's plans for transportation infrastructure is to base such allocation
upon a fee which reflects the relative impacts that each form of development is anticipated to have
upon the City's transportation network, as evidenced b) such trip generation data; and
WHEREAS, on May 21, 1996, the Council adopted on second reading Ordinance No. 51,
1996, amending Chapter 29 of the City Code by the addition of a new article pertaining to the
imposition of certain other kinds of capital improvement expansion fees, which fees are now
contained in Chapter 7.5 of the Code; and
WHEREAS,the City Council believes that it is necessary and desirable in the interest of the
City to retain in Chapter 24,Division 2 of the Code those provisions pertaining to the administration
of the Street Oversizing Fund and to amend Chapter 7.5 of the Code so as to include, in Article II
thereof,certain provisions imposing the Street Oversizin,l Fee, and that such fee should hereafter be
referred to as the "Street Oversizing Capital Improvement Expansion Fee."
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the City Council hereby makes the following findings of fact:
a. The City is responsible for and committed to the provision of public facilities
and services at levels necessary to protect the health, safety and welfare of the residents of
the City and to enhance their quality of life, within the financial means of the City.
b. The provision of facilities and services to existing residences and businesses
in the City is an expense that should appropriately be funded by the City using such general
revenues, special taxes and assessments as may be approved from time to time by the City
Council for such purposes.
C. New residential and non-residential development in the City causes increased
and excessive demands on existing City facilities and services,including,without limitation,
the provision of transportation infrastructure needed to accommodate all modes of travel.
d. Planning projections indicate that such new development will continue and
will place ever increasing demands on the City to provide such infrastructure.
e. It is necessary and advisable in the public interest to ensure that new
development does not negatively impact the provision of municipal services, facilities and
infrastructure.
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f. Relying upon existing revenue sources to fund the expansion of capital
improvements necessary to offset the impacts of new development will result in a reduction
in levels of services for existing city residents.
g. To the extent that new development places demands on the public
infrastructure of the City, those demands should be satisfied by revenues derived from the
developments actually creating such demands.
h. The City presently requires new development to pay a Street Oversizing Fee
to partially offset the impacts of such new development on the City's transportation network.
i. It is necessary and desirable in the interest of the City to establish a rational
and equitable system for allocating among the developers of real property in the City the
costs associated with providing such new and expanded transportation infrastructure to offset
the traffic impacts of such new development, to develop a fee structure directly related to
such costs and to provide a method for the collection of such fees.
j. The City Council has adopted several policies which establish street standards
and levels of service to meet the City's transportation needs, including, without limitation,
City Plan, a revised Master Street Plan, the Transportation Master Plan, and new street
standards.
k. The City Council has carefully considered local and national studies which
project future traffic patterns and travel behavior in the City and which provide trip
generation statistics for establishing an equitable means of identifying and allocating the cost
of expanding the City's transportation infrastructure so as to meet the increased demands of
new development on the City's transportation network, in order that the City may maintain
its existing levels of service as the City's population increases.
1. Planning for, and providing, arterial and other street improvements needed
to serve new growth and development in the City that generate additional traffic and that are
consistent with the City's transportation plans is a responsibility of the City and promotes
the health, safety and welfare of its citizens.
in. In furtherance of this goal, it is in the best interests of the City and its
residents and necessary for the preservation of the City's health, safety and welfare, to
impose upon residential and non-residential development in the City a"Street Oversizing
Capital Improvement Expansion Fee," to finance the construction of the transportation
infrastructure referred to above, so as to recover from the developers of real property in the
City their fair and proportionate share of the cost of expanding said infrastructure to
accommodate the increase in demands imposed upon the same by such new development.
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n. Having considered the size of the City, as well as the kinds of capital
improvements to be funded by the foregoing fee, the City Council hereby finds that the
revenues from such fee may be expended anywhere within the boundaries of the City and
that such expenditure will ensure that feepayers receive sufficient benefit from the payment
of such fees.
o. The City Council has the authority to adopt this ordinance through its general
home rule powers as established under Article XX, Sections 1 and 2 of the Colorado
Constitution.
Section 2. That Article III,Division 2 of Chapter 24 of the City Code is hereby repealed
and reenacted so as to read in its entirety as follows:
See. 24-I11. Definitions.
Base industry shall mean those firms that produce goods or services, at least
eighty (80)percent of which are produced for export to areas outside of the city, and
thereby import income into the city. Such goods and services shall not include retail
sales activities but may include, without limitation, manufactured goods,consulting
services, research activities and the support services associated with a regional or
national headquarters of a services-producing organization.
Base industry supplier shall mean a firm that devotes at least fifty (50)
percent of its operations to providing a base industry with materials or supplies used
in the base industry's manufacture or production of goods or services.
Exemption shall mean the granting of a partial or complete waiver of the
street oversizing fee not to exceed fifty thousand dollars ($50,000.).
Fee shall mean the Street Oversizing Capital Improvement Expansion Fee.
Firm shall mean a person,firm,corporation.partnership,joint venture or any
other legally permissible business organization, whether or not presently situated
within the boundaries of the city.
Full-time employment shall mean those j obs whichprovide at least thirty-five
(35) hours of year-round employment per week.
Fund shall mean the street oversizing fund.
Street oversizing improvements shall mean those capital improvements
needed to construct arterial or collector streets in the City as shown on the City of
Fort Collins Master Street Plan, excluding the local street portions of such streets.
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Street oversizing improvements shall include,without limitation,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 Section 7.5-17.
Total Compensation shall mean wages and cash equivalent benefits,including
medical, dental, life, vision, day care and retirement.
See. 24-112. Street Oversizing Reimbursement Program.
(a) Street Oversizing Capital Improvement Fee revenue collected pursuant to
Sections 7.5-19 and 7.5-32 shall be utilized to pay certain costs associated with and
necessary for increasing the width of streets and sidewalks from residential access
status to arterial or collector status; acquiring the necessary right of way to
accommodate the expansion of such streets and sidewalks; providing traffic
signalization when required because of collector or arterial status;and 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 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 oversizing
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 traffic impact
study for the development or, by the Traffic Engineer. Notwithstanding the
foregoing,street oversizing 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 oversizing
improvements shall not be utilized to pay for the cost of increasing the depth of the
residential 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 oversizing
improvements are needed. If the city determines that the construction of street
oversizing improvements do not convey a measurable community benefit according
to such criteria,then no monies expended by the developer for such street oversizing
expenditures shall be eligible for reimbursement by the city and the street
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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 account the traffic 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
oversizing improvements unless funds for such payments shall first have been
budgeted and appropriated from the 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 oversizing 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 subject to the
limitations as contained in Subparagraph (c) above:
(1) Upon acceptance and approval by the city of a payment request for street
oversizing 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 = Proportionate reimbursement of each
Total of requested payments for street oversizing requested payment
Sec. 24-113. Fee waiver, appeal.
(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 Section 7.5-17,
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
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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.
(b) Exemption of Fee for Contribution to Economic Development:
(1) Determination of eligibility: Any firm seeking an exemption under this
Section shall apply to the City Manager on forms provided by the city. The
Director shall, within fifteen (15) days after receipt of any such application,
determine the eligibility of the firm for such exemption. No application for
an exemption shall be considered by the Director after a building permit has
been issued for the development which requires payment of the fee. The
Director's determination of eligibility shall be valid for a period of one (1)
year from the date of the determination; provided,however,that the city shall
be entitled at any time to summarily withdraw a determination of eligibility
if such determination is found to have been based upon incorrect or
fraudulent information or if changes in the proposed development would, if
known at the time of application, have materially affected the Director's
determination. The City Manager may, in his or her sole discretion, extend
the determination of eligibility beyond said one-year period upon a showing
of good and sufficient cause.
(2) Criteria for determination: To be eligible for an exemption from the street
oversizing fee, the following criteria must be fulfilled:
a. The firm must be either a base industry or a base industry supplier.
b. Employment opportunities offered by the firm must meet or exceed
the following standards:
(i) Total compensation for all full-time employees must start at
not less than minimum wage x 1.5.
(ii) Total compensation for no more than twenty-five(25)percent
of the full-time employees can be less than minimum wage x
1.87.
(iii) Total compensation for at least twenty (20) percent of the
full-time employees must be more than minimum wage x
2.24.
(3) Establishment of exemption:The City Manager shall establish the amount of
exemption according to the criteria described in subparagraph (4) below. If
any firm receiving an exemption under the provisions of this Section has not
been issued a building permit within one (1) year of the date of the
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determination of eligibility (and the determination has not been extended
pursuant to paragraph(1)of this Section),the firm shall no longer be entitled
to an exemption. If a firm obtains more than one (1) building permit in any
twenty-four-month period, the maximum exemption, or aggregation of
exemptions, for such firm during said twenty-four-month period shall not
exceed fifty thousand dollars ($50,000.).
(4) Criteria for establishment: The amount of exemption an eligible firm shall
be entitled to receive shall be based on the following:
a. New firm: The amount of exemption will equal the projected present
value of sales and property taxes the city will receive from the firm
during the six (6) years immediately subsequent to the date of
application for the building permit, plus the amount of the use and
construction tax calculated to be received by the city at the time the
building permit is issued, up to a maximum of fifty thousand dollars
($50,000.). The aforesaid taxes shall be calculated as follows:
(i) Use tax = (total value of construction) x (percentage of
construction apportioned by the Director of Finance for use
tax calculation) x (current city sales/use tax rate).
(ii) Construction tax=building permit fee.
(iii) Sales tax=(total wages of the firm)x(0.7) x(the current city
sales tax rate). The sales tax shall be increased by three and
one-half(3.5)percent for each twelve-month period following
the anniversary of the first twelve (12) months from the date
of application for the building permit.
(iv) Property tax = (total value of land and development in
relocation or expansion project) x (commercial tax rate) x
(current city mill levy rate). The property tax shall be
increased by five (5) percent for each twelve-month period
following the anniversary of the first twelve(12)months from
the date of application for the building permit.
b. Expansion of existing firm: The amount of exemption will equal the
amount as calculated in subparagraph a above multiplied by the
applicable factor below, up to a maximum amount of fifty thousand
dollars ($50,000.).
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Years Within Fort
Collins City Limits Factor
0 < 3 1.25
3 < 5 1.50
5 < 10 1.75
10 < 15 2.00
15 < 20 2.25
> 20 2.50
(5) Appropriation contingency: The city shall not grant an exemption unless
funds equal to the amount of the exemption shall first have been budgeted
and appropriated by the City Council and approved for subsequent transfer
from the general fund or other appropriate fund of the city into the street
oversizing fund to offset the amount of the exemption.
(c) Appeals. Any decision of the City Engineer under Subsection (a) of this
Section may be appealed to the City Manager, whose decision shall be final. Any
decision of the City Manager under Subsection (b) of this Section may be appealed
to the City Council under the same standards and procedures as established for
appeals from boards and commissions under Chapter 2, Division 3 of the Code.
Section 3. That the following sections contained in Article II of Chapter 7.5 of the City
Code are 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 park, library, police, fire and general government 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 Study, dated May 21, 1996, as
amended; the city's Street Oversizing Impact Fee Study, dated July 15, 1997, as
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amended; and The ITE Trip Generation Manual, 5th Edition, 1991, and February
1995 Update, published by the Institute of Traffic Engineers, as amended, which
establish a fair and equitable allocation of costs and recognizes 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 improvements for which they are
imposed, and the same shall be expended solely to provide the specified capital
improvements.
Sec. 7.5-17. Definitions.
When used in this Article,the following words and terms shall have the following
meanings:
Building permit shall mean the permit required for new construction and additions
pursuant to §2.13.2(A) of the Land Use Code. The term building permit, as used
herein,shall not be deemed to include permits required for remodeling,rehabilitation
or other improvements to an existing structure or rebuilding a damaged or destroyed
structure unless: (1) in the case of a residential use, such remodeling, expansion or
improvement results in the creation of one (1)or more new dwelling units, or(2) in
the case of a commercial or industrial use, such remodeling, expansion or
improvement increases the gross square footage of the existing structure(s).
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.
Capital improvements plan shall mean that part of the city's Comprehensive Plan
which contains:
(1) Standards for levels of service for the specified capital improvements;
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(2) Proposed cost estimates and finding sources for such capital
improvements; and
(3) A proposed schedule for the acquisition and/or construction of such
capital improvements.
Commercial development shall mean any development approved by the city,except
development approved for residential, industrial and/or light industrial use.
Developed parcel shall mean that portion of a site which is approved by the city
for development.
Development shall mean any man-made change to improved or unimproved real
property.
Duplex shall mean a dwelling containing two dwelling units.
Dwelling shall mean a building used exclusively for residential occupancy,
including single-family dwellings,two-family dwellings and multi-family dwellings,
and which contains: (a)a minimum of eight hundred(800) square feet of floor area,
or(b)in the case of a dwelling to be constructed on the rear portion of a lot in the L-
M-N, M-M-N, N-C-L, N-C-M, N-C-B, C-C-N, C-C-R, H-C or E zone districts,
a minimum of four hundred (400) square feet of floor area, so long as a dwelling
already exists on the front portion of such lot. The term dwelling shall not include
hotels, motels, tents or other structures designed or used primarily for temporary
occupancy. Any dwelling shall be deemed to be a principal building.
Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least
one(1)bathroom designed to occupy or intended for occupancy as separate quarters
for the exclusive use of a single family for living, cooking and sanitary purposes,
located in a single-family, two-family, or multi-family dwelling or mixed use
building.
Feepayer shall mean a person or entity who is obligated to pay a fee in accordance
with the provisions of this Article.
Industrial development shall mean any development approved by the city for
industrial or light industrial use.
Multi family structure shall mean a dwelling containing three(3)or more dwelling
units, not including hotels, motels, fraternity houses, sorority houses and similar
group accommodations.
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Residential development shall mean any development approved by the city for
residential use.
Site shall mean the land on which development takes place.
Street oversizing improvements shall mean those capital improvements needed to
construct arterial or collector streets in the City as shown on the City of Fort Collins
Master Street Plan, excluding the local street portions of such streets. Street
oversizing improvements shall include,without limitation,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.
Sec. 7.5-19. Imposition, computation and collection of fees.
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 Capital Improvement Expansion
Cost Study,dated May 21, 1996,as amended;the city's Street Oversizing Impact Fee
Study, dated July 15, 1997, as amended; and The ITE Trip Generation Manual, 5th
Edition, 1991, and February 1995 Update, published by the Institute of Traffic
Engineers, as amended. The fees due for such development shall be payable by the
feepayer to the Building Permits and Inspector Division Director 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. 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.
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:
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(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 Improvement Expansion Fee, for any
capital improvement other than a street oversizing improvement, unless
otherwise agreed to by the city.
(2) No offset or credit shall exceed the amount of the applicable fee(s) due from
the property owner or developer;provided,however,that if the amount of the
credit or offset due from the dedication or construction of a capital
improvement is calculated to be greater than the amount of the fee due,
nothing herein shall be construed as preventing the city from entering into a
reimbursement agreement with the property owner or developer under other
applicable provisions of this Code,whereby said property owner or developer
may be reimbursed by subsequent property owners benefitting from the
dedication or construction.
(3) If an offset or credit has not been exhausted within ten(10)years of the date
of issuance of the first building permit for which a fee was due and payable
under the provisions of this Article, or within such other period as may be
designated in writing by the city, such offset or credit shall lapse.
(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 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.
(b) Any offset or credit claimed under the provisions of this Section shall be
applied in the following manner:
(1) In the case of residential developments, the offset or credit shall be
prorated among all residential structures in which the offset or credit is
to be applied,and shall be applied at the time of filing and acceptance of
the application for the building permit for each such structure.
(2) In the case of commercial and industrial development,the offset or credit
shall be applied to the fees due under the provisions of this Article at the
time of issuance of the first building permit for such development, and
thereafter to all subsequently issued building permits until the offset or
credit has been exhausted.
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(c) In his or her sole discretion,the City Manager may authorize alternative credit
or offset agreements upon petition by a property owner or developer, in accordance
with established administrative guidelines.
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 oversizing 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, design, surveying and
engineering fees; the cost of purchasing or leasing real property; construction costs;
other capital improvement costs, and the costs of administering the capital
improvement expansion fee 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.
(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
Improvement Expansion Fee,any capital improvement other than a street
oversizing 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
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.
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Sec. 7.5-23. Appeals.
(a) Any property owner or developer may appeal the following decisions to the
City Manager,pursuant to such administrative hearing process as may be established
by the City Manager:
(1) The applicability of any fee to the development;
(2) The amount of any such fee;
(3) The availability, amount or application of any offset or credit; or
(4) The amount of any refund,as determined by the Financial Officer,under
the provision of§ 29-10 below.
(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 Capital Improvement Expansion Cost Study, dated May
21, 1996, as amended, or the city's Street Oversizing Impact Fee Study, dated July
15, 1997,as amended,whichever is applicable.The independent fee calculation study
shall be conducted by a professional in impact 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 or in determining whether the capital improvement
expansion fee should be adjusted.
(c) All appeals must state with specificity the reasons for the appeal and shall
contain such data and documentation upon which the applicant seeks to rely. The
City Manager as applicable, shall notify the applicant of the hearing date on the
application, which notice shall be given no less than fifteen (15)working days prior
to the date of the hearing. At the hearing, the City Manager shall provide the
applicant and city staff an opportunity to present testimony and evidence regarding
the fee, credit, offset or refund being appealed. 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 Capital Improvement
Expansion Cost Study, dated May 21, 1996, as amended, or the city's Street
Oversizing Impact Fee Study, dated July 15. 1997, as amended, whichever is
applicable. The decision of the City Manager shall be final.
Section 4. That the Code of the City of Fort Collins is hereby amended by adding
a section, to be number 7.5-32, which section reads as follows:
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See. 7.5-32. Street Oversizing Capital Improvement Expansion Fee.
(a) There is hereby established a Street Oversizing Capital Improvement
Expansion Fee which shall be imposed pursuant to the provisions of the Article for
the purpose of funding street oversizing 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. The amount of
such fee shall be determined as follows:
Average Weekday Street Oversizing Capital Expansion
Vehicle Trips Fee Rate*
Residential (per dwelling unit) (per dwelling unit)
SF Detached 9.55 $1,480.61 per D.U.
MF and all Other Housing 6.59 $1,021.70 per D.U.
Hotel/Motel 8.70 $1,348.83 per Room
Apartment 6.12 $948.83 per D.U.
Retirement Community 3.30 $511.62 per D.U.
Congregate Care Facility 2.15 $333.33 per D.U.
Residential Condominium 5.86 $908.06 per D.U.
Duplex 7.18 $1,113.17 per D.U.
Commercial
Comm/Shopping Center
1000K GLA 32.09 $3.12 Per Sq. Ft. GLA
500K GLA 38.65 $3.75 Per Sq. Ft. GLA
200K GLA 54.50 $5.29 Per Sq. Ft. GLA
50K GLA 91.65 $6.12 Per Sq. Ft. GLA
Movie Theater 77.79 $7.55 Per Sq. Ft.
Fitness/Racquet Club 15.94 $1.55 Per Sq. Ft.
Day Care 67.00 $4.47 Per Sq. Ft.
Government Office 68.93 $6.69 Per Sq. Ft.
Post Office 86.78 $8.43 Per Sq. Ft.
Building Materials/Lumber 30.56 $2.97 Per Sq. Ft.
Specialty Retail 40.68 $3.95 Per Sq. Ft.
Discount Store 71.16 $4.75 Per Sq. Ft.
Nursery(Garden Center) 36.17 $3.51 Per Sq. Ft.
Sit Down Restaurant 200.90 $13.41 Per Sq. Ft.
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Fast Food Restaurant w/Driveup 632A 3 $42.19 Per Sq. Ft.
Car Sales 47.52 $4.61 Per Sq. Ft.
Service Station 133.00 /pump $8,877.50 Per Pump
Car Wash 108.00 /stall $7,208.79 Per Stall
Supermarket 12550 $8.38 Per Sq. Ft.
Convenience Market 887.06 $59.21 Per Sq. Ft.
Furniture Store 4.35 $0.42 Per Sq. Ft.
Bank 189.95 $12.68 Per Sq. Ft.
Drive-in Bank 291.11 $19.43 Per Sq. Ft.
Insurance Building 11.45 $1.11 Per 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.
Primary Destinations Per 1,000 Sq.Ft. Per Square Foot
Manufacturing :3.85 $0.58 Per Sq. Ft.
Warehousing 4.88 $0.74 Per Sq. Ft.
Light Industrial 6.97 $1.06 Per Sq. Ft.
Mini-Warehouse 2.61 $0.40 Per Sq. Ft.
Business Park 14.37 $2.18 Per Sq. Ft.
General Office
200K GFA 11.54 $1.75 Per Sq. Ft. GFA
50K GFA 16.31 $2.47 Per Sq. Ft. GFA
10K GFA 24.39 $3.70 Per Sq. Ft. GFA
Recreational 3.64 lac $552.19 Per Acre
City Park 3.66 lac $555.22 Per Acre
Golf Course 8.33/ac $1,263.66 Per Acre
Elementary School 1.03 /student $156.25 Per Student
Church/Synagogue 7.70 $1.17 Per Sq. Ft.
Library 45.50 $6.90 Per Sq. Ft.
Hospital 16.69 $2.53 Per Sq. Ft.
Nursing Home 2.60 /bed $393.97 Per Bed
Medical Clinic 23.79 $3.61 Per Sq. Ft.
"Note: Rate calculation for each item based on the product of Number of Weekday Trips, Trip Adjustment
Factor, and Cost Per Unit of Trip.
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Introduced,considered favorably on first reading,and ordered published in summary form
this 3rd day of March, A.D. 1998, and to be presented for final p ge n the 17th day arc ,
A.D. 1998.
a
c./
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of rch, Z . 1998
avor
ATTEST:
City Clerk
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