Loading...
HomeMy WebLinkAboutCAMPUS WEST THEATRE REDEVELOPMENT - FDP - 23-04C - CORRESPONDENCE - (3)"The burden ofproof 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 May21, 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 in determining whether the capital improvement expansion fee should be adjusted. 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. " After reviewing this item on your proposal, it appears that this fee was accurately calculated as is represented on the attached spreadsheet. If you disagree, you may request a formal appeal, during which the above procedures will apply. If you have further questions, please contact me. Sincerely, Cameron Gloss Director of Current Planning Communi., 21anning and Environmental Se Current Planning City of Fort Collins Scott M. Addington, Principal Trade Wind Project Solutions, LLC P.O. Box 1789 Fort Collins, CO 80522 Dear Scott, ces 31 August 2006 I am pleased that you and the Bachelets are working on a project to redevelop the Campus West Theater properties. As you mentioned, this project is sure to be a welcome addition to the Campus West area and as a high quality infill project, it will set the bar for future reinvestments in the area. I am relieved that you, Matt Baker, Mike Freeman and I were able to clear up the misunderstanding about the street oversizing fee. The attached spreadsheet shows that no street oversizing fees will be due based on the proposed program. You will note that the line item for the "convenience store" was eliminated since the former gas station use includes the "convenience store" as part of the street oversizing calculation. Since it was found that the former gas station and movie theater generated traffic beyond that of the proposed development, the bottom line is that there will be no street oversizing fee ($0) assessed. There is actually $39,694 of commensurate street oversizing fee "credit" associated with the site; however, there is no refund available nor may credit from the street oversizing fee be applied to other capital improvement fees or associated development fees. I have also reviewed the remaining fees you propose and have the following responses regarding the Poudre School District fees and library fees. The City collects Poudre School District fees on behalf of the school district and passes them on to them directly. Any change to those required fees must be made by the School District —the City has no jurisdiction in that area. The appropriate contact person at PSD is Mike Spearnak, Director of Planning, Design and Construction. His phone number is (970)490-3413. His email is mspearna@psdschools.org. The library capital improvement expansion fees are required by City Code of all new residential projects in the City as set forth in City Code Section 7-5.27. This is a progressive fee, in that smaller units are charged less than larger units. The average student rental will pay less than half the fee that a typical family home pays. Procedures for appealing the applicability of the fee to the project, the amount of the fee, the availability of a credit or offset or the amount of any refund are set forth in Section 7.5-23 of the City Code, which reads as follows: 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 9 (970) 221-6750 • FAX (970) 416-2020