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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. 2 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. 3 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. 4 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 5 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 6 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 7 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.). 8 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 9 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; 10 (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. 11 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: 12 (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. 13 (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. 14 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: 15 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. 16 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. 17 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 18