HomeMy WebLinkAbout137 - 12/20/2016 - AMENDING SECTION 7.5-18 OF CITY CODE TO PROVIDE THAT THE STREET OVERSIZING CAPITAL IMPROVEMENT EXPANORDINANCE NO. 137, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 7.5-18 OF THE CODE OF THE CITY OF FORT COLLINS TO
PROVIDE THAT THE STREET OVERSIZING CAPITAL IMPROVEMENT EXPANSION
FEE WILL BE INCREASED OR DECREASED ANNUALLY BASED ON THE
ENGINEERING NEWS DENVER REGIONAL CONSTRUCTION COST INDEX AND NOT
ON THE DENVER-BOULDER CONSUMER PRICE INDEX FOR URBAN CONSUMERS
WHEREAS, the City is a home rule municipality having the full right of self-government
in local and municipal matters under the provisions of Article XX, Section 6 of the Colorado
Constitution; and
WHEREAS, among the home rule powers and authority is the power to regulate, as a
matter of purely local concern, the development of real property within the City and the authority
to fund and construct, as matters of purely local concern, public improvements; and
WHEREAS, the City's comprehensive plan shows that the rate of future growth and
development in Fort Collins will require a substantial expansion in community park, police, fire,
general government facilities and streets, and related capital equipment, if its level of service
standards for such facilities are to be maintained; and
WHEREAS, the City Council has determined that new development should contribute its
proportionate share of providing such capital improvements; and
WHEREAS, the City Council has broad legislative discretion in determining the
r appropriate funding mechanisms for financing the construction of public facilities in the City;
and
WHEREAS, based on the foregoing, the City Council has previously enacted Article II of
City Code Chapter 7.5 adopting the Community Parkland, Police, Fire Protection, General
Government and Street Oversizing Capital Improvement Expansion Fees (collectively, the
Capital Improvement Expansion Fees"); and
WHEREAS, City Code Section 7.5-18 provides for the annual adjustment in all Capital
Improvement Expansion Fees for inflation, corresponding to the increases reflected in the
Denver-Boulder Consumer Price Index for Urban Consumers, now known as the Denver-
Boulder-Greeley Consumer Price Index for Urban Consumers (the "CPI"); and
WHEREAS, while Section 7.5-18 provides that the Street Oversizing Capital
Improvement Expansion Fee is to be increased or decreased annually pursuant to the CPI, the
Council City has historically, upon City staff s recommendation, used instead the Engineering
News Record Denver Regional Construction Cost Index ("ENR") as the inflation index when
approving the annual increases or decreases to the Street Oversizing Capital Improvement
Expansion Fee; and
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WHEREAS, City staff has in the past,recommended and continues to recommend the use
of the ENR rather than the CPI for such increases or decreases in the Street Oversizing Capital
Improvement Expansion Fee because the ENR is a more accurate measure of the annual changes
in costs for the construction of street improvements within the City than is the CPI; and
WHEREAS, for the foregoing reasons, the City Council has determined that Section 7.5-
18 should be amended to reflect the Council's past,practice of using the ENR instead of the CPI
to determine the annual increase or,decrease of 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 and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the definition of "dwelling unit" contained in Section 7.5-17 is
hereby amended to read as follows:
Dwelling unit (D.U.) 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.
Section 3. That Section 7.5-18 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 7.5-18. - Calculation of capital improvement expansion fees.
For each category of capital-improvements for which a capital improvement expansion
fee is established under the provisions of this Article, the amount of each such capital
improvement expansion fee shall be determined on a per dwelling unit basis according to
the gross floor area of each such dwelling unit (in the case of residential development) or
on the basis of each square foot of new construction (in the case of commercial or
industrial development). The amount of each fee, except for the street oversizing capital
improvement expansion fee established in code section 7.5-32, will be increased or
decreased annually according to the Denver-Boulder Consumer Price Index for Urban
Consumers, as published by the Bureau of Labor Statistics. The amount of the street
oversizing capital improvement expansion fee will be increased or decreased annually
according to the Engineering News Record Denver Regional Construction Cost Index. In
addition, the methodologies used to set each fee shall be reviewed and compared to the,
City's actual infrastructure costs at least once every five (5) years, and adjustments made
in accordance with such review and with the provisions of§ 7.5-16 of this Code.
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Introduced, considered favorably on first reading, and ordered published this 6th day of
December, A.D. 2016, and to be presented for final passage on the 20th day of December, A.D.
2016.
FRT OOP
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SEAS Mayor
ATTEST: cOL0
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City Clerk
Passed and adopted on final reading on this 20th day of December, A.D. 2016.
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SEAL iN Mayor
ATTEST: cOLORao°
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City Clerk
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