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HomeMy WebLinkAbout105 - 09/03/1996 - AMENDING CITY CODE RELATING TO NEIGHBORHOOD PARKLAND FEES ORDINANCE NO. 105, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS, AMENDING SECTION 23-227 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO NEIGHBORHOOD PARKLAND FEES WHEREAS, the City has established a Neighborhood Parkland Fee paid by owners of new dwelling units, which fee is used for the acquisition and development of neighborhood parks; and WHEREAS, from time to time, it is necessary to increase the Neighborhood Parkland Fee so as to more accurately reflect the actual cost of acquiring and developing new neighborhood parks; and WHEREAS, rising costs have reduced the revenues available to fund the acquisition and development of said parks; and WHEREAS, the City Council passed Ordinance No. 82, 1993 on August 3, 1993, amending Section 23-227 of the Code of the City of Fort Collins relating to the collection of Neighborhood Parkland Fees, and directing the City Manager to annually review the amount of the Neighborhood Parkland Fee in relation to the Denver-Boulder Consumer Price Index (CPI) and to submit for Council's consideration any future increases to the amount of the said fee; and WHEREAS, in accordance therewith, the City Manager is proposing a 4.3 percent increase in the Neighborhood Parkland Fee, from $813 per dwelling unit to an average of$848 per dwelling unit in order to reflect the increased cost of acquiring and developing neighborhood parks, which reflects the increase in the Denver-Boulder CPI for the year ending December 31, 1995; and WHEREAS, it is the intent of the Council that the Neighborhood Parkland Fee be adjusted based on the size of a dwelling unit, to more closely reflect the need for neighborhood parkland created by the dwelling unit; and WHEREAS, the Parks and Recreation Board has reviewed these proposed changes and recommends that these changes be made to the Neighborhood Parkland Fee; and WHEREAS, collection of the Neighborhood Parkland Fee at the time of issuance of a building permit allows for collection of the Fee in the most practicable manner, and at the same time as other similar fees are collected. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1. That the Council hereby makes the following findings of fact: A. That the average cost of neighborhood park development per average dwelling within the City, adjusted for inflation, is $848 per dwelling unit. B. That U.S. Census data, as discussed in the analytical paper regarding Unit Sized Impact Fees (Appendix C to the Capital Expansion Cost Study, dated May 21, 1996, incorporated herein by this reference and on file in the office of the City Clerk) shows that the average number of residents per dwelling increases proportionally with the increase in dwelling unit size. C. That using the average cost per average dwelling size, a graduated schedule for neighborhood parkland fees, based on the ratios set forth in the aforementioned Unit Sized Impact Fees, will reflect the proportional impact of such dwellings on the demand for neighborhood parkland reasonably expected to result from construction of such new dwellings. Section 2. That Section 23-227(a) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 23-227. Collection of neighborhood parkland fee . (a) Hereafter, payment of a neighborhood parkland fee in accordance with this Section 23-227 shall be required as a condition of approval of all residential development for which a building permit is required, as those terms are defined in Section 29-692 of the Code. The fees due for such development shall be payable by the feepayer to the Building Permits and Inspection 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. All such payments shall be deposited by the Financial Officer in the fund created 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 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. Section 3. That the following new Section 23-227(b) of the Code of the City of Fort Collins be added, and all subsequent sections renumbered accordingly: (b) The amount of the fee established in this section shall be determined for each dwelling unit as follows: 700 sq. ft. and under $ 495 701 to 1,200 sq. ft. $ 733 1,201 to 1,700 sq. ft. $ 848 1,701 to 2,200 sq. ft. $ 970 2,201 sq. ft. and over $1,191 Introduced,considered favorably on first reading, and ordered published this 20th day of August A.D. 1996, and to be presented for final passage on the 3rd day ep,ember, A. ayor ATTEST: City Clerk Passed and adopted on final reading the 3rd day of September, A.D. 1996. c Mayor ATTEST: UlkJ"Tity Clerk