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Home My WebLink About110 - 08/20/1996 - AMENDING CITY CODE TO INCREASE THE AMOUNT OF THE STREET OVERSIZING FEE ORDINANCE NO. 1 10, 1996 OF THE COUNCIL OF THE CITY OF FORT COLT-INS AMENDING CHAPTER 24 OF THE CITY CODE SO AS TO INCREASE THE AMOUNT OF THE STREET OVERSIZING FEE WHEREAS, Chapter 24,Division 2 of the City Code establishes a Street Oversizing Fee(the "Fee") which is assessed by the City against new development oil the basis of the developed use of the property, according to a formula more particularly described thereunder; and WHEREAS, the revenues generated by the Fee are used, in conjunction with other developer exactions and General Fund revenues, to defray the traffic impacts of new development on the City's street network; and WHEREAS, the amount of the Fee has not been adjusted for inflation since 1989, while the costs of the improvements partially funded by the fee revenues have substantially increased, due to inflation, over said period of time; and WHEREAS, the design of arterial and collector streets in the City has also changed over recent years in order to accommodate alternative modes of traffic and otherwise improve the safety and aesthetics of the street system and provide for file more efficient flow of traffic, and further adjustinents in the amount of the Fee are warranted to reflect the increased costs attributable to such changes in design; and WHEREAS, the amount of the Fee for all residential units has historically been the same, with no differentiation as to single-family and multi-family units; and WHEREAS, trip generation statistics compiled and reviewed by the City indicate that multi- family dwelling units generate only 62% of the traffic of stand alone single-family dwelling units; and WHEREAS, the amount of the Fee for residential units should be adjusted accordingly, so as to reflect the proportionate traffic impacts of both single-family and multi-family residential development. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL, OF THE CITY OF FORT COLLINS, as follows: Section 1. That Section 24-111 of the City Code,Definitions, is hereby amended by the addition of'the following terms: Sec. 24-111. Definitions. Dwelling, single funnily shall mean a building occupied by not more than one (1) family and which has not more than one (1) kitchen and not less than one (1) bathroom. Dwelling, multi Tunny shall mean a building occupied by three (3)or more families living independently of each other, not including hotels, motels, fraternity houses and sorority houses and similar group accommodations. Dwelling, two finmily sliall mean a building occupied by two (2) families living independently of each other. Section 2. That Sec. 24-1 12(a) of the City Code, Categories of use, shall be amended to read as follows: (a) Category "A" uses, as used in this Division, shall mean one of the following: (1) Multifbmily Residential uses: Boarding/Rooming House Detention Ilome Fourteen- or More Family Building Group Home Retirement Home Seven- to Thirteen-Family Building Three-to Six-Family Building (2) Single f un y and two family uses: Mobile Home Single-Family Dwelling Two-Family Dwelling (3) Nonresidential uses: Cemetery Community Park Golf Course Historic Site/Monument Neighborhood Park 2 Regional Park Trail Section 3. That Sections 24-113, 24-114, 24-1 15, 24-116 and 24-117 of the City Code shall be amended to read as follows: Sec. 24-113. Collection of fee for "A" uses. (a) No building permits shall be issued for the construction of any single-family dwelling unit or two-family dwelling unit until a fee of eight hundred ninety-five dollars ($895.) per dwelling unit has been paid to the Financial Officer. For the purpose of this Section, any remodeling activity which results in the creation of an additional dwelling unit shall be subjected to the payment of the fee as specified herein. (b) No building permits shall be issued for the construction of any multi-family dwelling unit until a fee of five hundred fifty-four($554.)per dwelling unit has been paid to the Financial Officer For the purpose of this Section, any remodeling activity which results in the creation of an additional dwelling unit shall be subjected to the payment of the fee as specified herein. (c) No building permit shall be issued for the installation of a mobile home oil a lot in a mobile home park constructed after November 25, 1988, until a fee in the amount of eight hundred ninety-five dollars ($895.) has been paid to the Financial Officer. (d) No building permit shall be issued for the construction or installation of any other structure to be applied to a nonresidential use until a fee in the amount of three thousand three hundred twenty-four dollars ($3324.) per acre of the total parcel has been paid to the Financial Officer. If the fee has not previously been paid for the total parcel, then no building permit shall be issued for an additional structure or addition to a principal structure to be applied to nonresidential uses until a fee in the amount of three thousand three hundred twenty-four dollars ($3324.) per acre of the proportionate acreage of the total parcel has been paid to the Financial Officer. (e) If any dwelling unit is contained within or constitutes an affordable housing project as defined in Chapter 26, Article IX of the Code, the fee established in this Section shall, upon the request of the applicant, be deferred until the date of issuance of a certificate of occupancy (whether temporary or permanent) for such unit(s) or until the first day of December of the year in which the deferral was obtained, whichever first occurs. Any person requesting such deferral shall, as a condition precedent to obtaining the deferral, secure the future payment of the deferred fee(s) by providing the city with a letter of credit or certificate of deposit in a form and 3 amount acceptable to the city. At that time of application for any such deferral, the applicant shall pay to the city a fee in the amount of fifty dollars ($50.) to partially defray the cost of administration. No person shall knowingly make any false or misleading statement of fact in order to obtain any deferral of fees under this Section. Sec. 24-114. Collection of fee for `B" uses. No building permit shall be issued for the construction of any principal structure to be applied to a Category "B" use until a fee in the amount of seven thousand two hundred ninety-two dollars ($7292.) per acre of the total parcel has been paid to the Financial Officer. If a fee has not previously been paid for the total parcel, then no building permit shall be issued for an additional structure or addition to a principal structure to be applied to a Category `B" use until a fee in the amount of seven thousand two hundred ninety-two dollars ($7292.) per acre of the proportionate acreage of the total parcel has been paid to the Financial Officer. Sec. 24-115. Collection of fee for "C" uses. No building permit shall be issued for the construction of any principal structure to be applied to a Category "C" use until a fee in the amount of nine thousand seven hundred twenty-two dollars ($9722.) per acre of the total parcel has been paid to the Financial Officer. If a fee has not previously been paid for the total parcel, then no building permit shall be issued for an additional structure or addition to a principal structure to be applied to a Category "C" use until a fee in the amount of nine thousand seven hundred twenty-two dollars ($9722.) per acre of the proportionate acreage of the total parcel has been paid to the Financial Officer. Sec. 24-116. Collection of fee for "D" uses. No building permit shall be issued for the construction of any principal structure to be applied to a Category "D" use until a fee in the amount of nineteen thousand four hundred forty-three dollars ($19,443.) per acre of the total parcel has been paid to the Financial Officer. If a fee has not previously been paid for the total parcel, then no building permit shall be issued for an additional structure or addition to a principal structure to be applied to a Category "D" use until a fee in the amount of nineteen thousand four hundred forty-three dollars ($19,443.) per acre of the proportionate acreage of the total parcel has been paid to the Financial Officer. Sec. 24-117. Collection of fee for "E" uses. No building permit shall be issued for the construction of any principal structure to be applied to a Category "E" use until a fee in the amount of fourteen thousand five hundred eighty-three dollars ($14,583.) per acre of the total parcel has been paid to the Financial Officer. If a fee has not previously been paid for the total parcel, then no building permit shall be issued for an additional structure or addition to a principal structure to be applied to a Category "E" use until a fee in the amount of fourteen thousand five hundred eighty-three dollars ($14,583.) per acre of the proportionate acreage of the total parcel has been paid to the Financial Officer. 4 Introduced, considered favorably on first reading, and ordere ublished this 6th da of August, A.D. 1996, and to be presented for final passage on the da of August, 996. mayor ATTESST-: n l . City Clerk Passed and adopted on final reading this 20th day August D. 1996,� r Mayor ATTEST: n\n1 y1tfml� a City Clerk —T6 5