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HomeMy WebLinkAbout058 - 06/06/2000 - AMENDING CITY CODE TO INCREASE THE COMMUNITY PARKLAND CAPITAL IMPROVEMENT EXPANSION FEE AND THE NEIG ORDINANCE NO. 58, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CODE OF THE CITY OF FORT COLLINS TO INCREASE THE COMMUNITY PARKLAND CAPITAL IMPROVEMENT EXPANSION FEE AND THE NEIGHBORHOOD PARKLAND FEE WHEREAS,the City of Fort Collins 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 of the City is the power to regulate, as a matter of purely local concern, the development of real property within the City; and WHEREAS, the City of Fort Collins' Comprehensive Plan shows that the rate of future growth and development in Fort Collins will require a substantial expansion in capital library, community park, neighborhood park, police, fire, and general government facilities, and related capital equipment, if its level of service standards for such facilities are to be maintained; and WHEREAS, the Council has determined that future growth and new development should contribute its proportionate share of providing such capital improvements; and WHEREAS, the Council has broad legislative discretion in determining the appropriate funding mechanisms for financing the construction of public facilities in the City; and WHEREAS,based on the foregoing,the Council adopted Ordinance No. 51, 1996,on May 21, 1996, establishing certain capital improvement expansion fees, including a fee for community park capital improvements; and WHEREAS,the Community Parkland Capital Improvement Expansion Fee is paid by new residential development and is to be used to provide new residents with the same level of community parkland services enjoyed by current residents; and WHEREAS, in September 1968, the Council adopted Ordinance No. 38, 1968, which established the original Neighborhood Parkland Fee to fund the acquisition and development of parkland, and which has since been amended on several occasions to adjust the fee and to refine related procedures and requirements; and WHEREAS, both the Community Parkland Capital Improvement Expansion Fee and the Neighborhood Parkland Fee are adjusted regularly for inflation, pursuant to Section 7.5-18 of the City Code and Ordinance No. 82, 1993, respectively, based on increases in the Denver-Boulder Consumer Price Index; and WHEREAS, the full cost calculations for the provision of neighborhood and community parkland services did not include the costs associated with the acquisition of raw water for park irrigation, compliance with the Americans with Disabilities Act in connection with park surfacing and equipment, the acquisition of treated water, the construction of maintenance facilities, or the required payment of 1% of the park development budget for the Art in Public Places program; and WHEREAS,in order to ensure that new residents are provided with the same level of service, staff has recommended that the Council increase the Community Parkland Capital Improvement Expansion Fee and the Neighborhood Parkland Fee to reflect more accurately the actual cost of maintaining the current level of service; and WHEREAS, staff recommends that the Community Parkland Capital Improvement Expansion Fees be increased as set forth hereinafter,which will result in new fees ranging from$699 per residential unit of 700 square feet or less,to$1,687 per residential units of 2201 square feet and over, with a fee of$1,205 per residential unit between 1201 square feet and 1700 square feet; and WHEREAS,staff recommends that the Neighborhood Parkland Fees be increased as set forth hereinafter, which will result in new fees ranging from$625 per residential unit of 700 square feet or less, to $1,509 per residential unit of 2201 square feet and over, with a fee of $1,078 per residential unit between 1201 square feet and 1700 square feet; and WHEREAS,based on the foregoing, it is the desire of the Council to amend Chapter 7.5 of the City Code to increase the Community Parkland Capital Improvement Expansion Fee and the Neighborhood Parkland Fee to adequately fund the future provision of the same level of those parkland services as presently offered to residents of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 7.5-28(a) of the Code of the City of Fort Collins, establishing the Community Parkland Capital Improvement Expansion Fee, be amended as follows: (a) There is hereby established a community parkland capital improvement expansion fee which shall be imposed pursuant to the provisions of this Article for the purpose of funding capital improvements related to the provision of community parks, as such improvements may be identified in the capital improvements plan for community parkland. Such fee shall be payable prior to the issuance of any building permit for a residential structure.The amount of such fee shall be determined per dwelling unit as follows: 700 sq. ft. and under $ 699.00 701 to 1200 sq. ft. 1,036.00 1201 to 1700 sq. ft. 1,205.00 1701 to 2200 sq. ft. 1,374.00 2201 sq. ft. and over 1,687.00 In the case of duplexes and multifamily structures,the amount of the fee for each dwelling unit shall be based upon the average size of the dwelling units contained within each such structure. Section 2. That Section 7.5-71(b) of the Code of the City of Fort Collins, establishing the Neighborhood Parkland Fee, be amended as follows: (b) The amount of the fee established in this Section shall be determined for each dwelling unit as follows: 700 sq. ft. and under $ 625.00 701 to 1,200 sq. ft. 927.00 1,201 to 1,700 sq. ft. 1,078.00 1,701 to 2,200 sq. ft. 1,229.00 2,201 sq. ft. and over 1,509.00 Introduced, considered favorably on first reading, and ordered published this 16th day of May, A.D. 2000, and to be presented for final passage on the 6th day of June, A.D. 2000. Mayor ATTEST: Chief Deputy City Clerk Passed and adopted on final reading this 6th day of June, A.D. 2 ay r ATTEST: . )�" City Clerk