HomeMy WebLinkAbout20131228.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Robert Grand, that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
PRESENTED BY:
REQUEST:
ORDINANCE 2013-2
TOM PARK()
WELD COUNTY CODE ORDINANCE #2013-2, IN THE MATTER OF REPEALING
AND RE-ENACTING, WITH AMENDMENTS, CHAPTER 20 IMPACT FEES, OF
THE WELD COUNTY CODE.
be recommended favorably to the Board of County Commissioners:
Motion seconded by Benjamin Hansford.
VOTE:
For Passage
Robert Grand
Bill Hall
Benjamin Hansford
Nick Berryman
Jason Maxey
Joyce Smock
Jordan Jemiola
Against Passage Absent
Mark Lawley
Bret Elliott
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on May 7, 2013.
Dated the 7th of May, 2013.
4 J .imi >U Y"Y1I14tP. ,
Kristine Ranslem
Secretary
Digitally signed by Kristine
Ranslem
Date: 2013.05.09 13:20:03 -06'00'
2013-1228
Sec. 20-1-60. Imposition of fee.
A. Obligation to pay fees. Any person or governmental body who causes the commencement of
development within unincorporated Weld County shall be obligated to pay impact fees, pursuant to
the terms of this Chapter. The obligation to pay the fee shall run with the land.
B. Fee schedules. Any person who causes the commencement of development, except those persons
exempted or preparing an Independent Fee Calculation Study pursuant to Section 20-1-80 below,
shall pay impact fees in accordance with the fee schedules below, which will be adjusted annually for
inflation.
Land Use Type
Single-family detached
Multi -family
Mobile home park
Hotel/motel
Shopping
center/commercial
Office
Institutional/quasi-
public
Manufacturing/industria
Warehouse
Mini -warehouse
Agricultural commercial
Land Use Type
Single-family detached
Multi -family
Mobile home park
Hotel/motel
Shopping
center/commercial
Office
Institutional/quasi-
public
Manufacturing/industria
Warehouse
Mini -warehouse
Agricultural commercial
Unit
Dwelling
Dwelling
Pad
Room
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
Unit
Dwelling
Dwelling
Pad
Room
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft.
Road Impact Fee Schedule
Fee per Unit
$27269-00
$1,486.00
$1,392.00
$1,311.00
$3446.00
$2,075.00
$1,074.00
$2,013.00-
$1,041.00
$134.00
$664.00
$2,313
$1,515
$1,419
$1,336
$3,207
$2,115
$1,094
$2,083
$1,061
$442
$677
County Facilities Impact Fee Schedule
Fee per Unit
$636.00-
$47-2:80
$642:00
$290.00
$608:00
$302.00
$188.00-
$152.00 $155
$648
$481
$654
$296
$620
$308
$192
$68.00- $69
$54.00 $55
$128.00- $130
Drainage Impact Fee Schedule
Land Use Type Unit Fee per Unit
All land uses Sq. ft. of impervious $0.10
cover•
* The impervious area of streets or driveways within the public right-of-way adjacent to the parcel shall be included up to the
centerline of the street. Gravel roads and driveways shall be counted as 50% impervious.
C. Inflation adjustment. On or before April 1st of each calendar year, the Board of County
Commissioners shall consider adjusting each fee amount in this Section by the rate of inflation. The
rate of inflation shall mean the percentage change from the prior calendar year in the United States
Bureau of Labor Statistics Consumer Price Index for Denver -Boulder -Greeley, all items, all urban
consumers or its successor index. Fee changes resulting from an inflation adjustment shall take
effect April 1, of each year.
D. Fee payment. The fee shall be determined and paid to the Department of Planning Services at the
time of issuance of a building permit for the development, or if a building permit is not required for the
development use, upon the County's approval of any development or use that is the last application
required prior to development or use of the land. The fee shall be computed separately for the
amount of construction activity covered by the permit if the building permit is for less than the entire
development. More specifically, impact fees for roads and County facilities will be assessed on new
buildings or expansion of buildings, except as described in Subsection E. below, or unless there is an
Independent Fee Calculation Study. Drainage fees are assessed on square feet of impervious cover,
whether buildings or otherwise.
E. Redevelopment or change of use. If the fee is imposed for a development that increases impact
because of a redevelopment, replacement or change in use, the fee shall be determined by
computing the difference in the fee schedule between the new development and the previously
existing development, defined as the most intensive use of the property on or after January 1, 2002.
F. Credits. The amount of impact fees due shall be reduced by the amount of any credits due pursuant
to Section 20-1-90 below.
G. Any person who, prior to the effective date of this Chapter and as a condition of development approval, agreed
to pay the types of impact fees required herein, shall be responsible for the payment of the fees under the terms
of any such agreement. To the extent that such payments are for the same types of facilities covered by the
impact fees imposed by this Chapter, credit shall be provided for such payments pursuant to Section 20-1-90.
H. Administrative appeal. The administrative decision of the Planning Department calculating the fees in
accordance with the fee schedule may be appealed to the Director by filing with the Director, within ten (10)
days of the date of the written decision, a written position statement stating and specifying briefly the grounds
of the appeal. The only grounds for administrative appeal to the Director is an appeal of the Land Use Type.
The Director shall then have power to affirm or modify the decision of the Department. The Director shall
make written findings of fact and conclusions of law, and apply the definitions of the land use categories in
this Chapter and the provisions of this Section. The applicant may appeal the decision of the Director to the
Board of County Commissioners according to the appeal procedures set forth in Section 2-4-10 of this Code.
Upon receipt of either the Director's or Board of County Commissioners' decision, the applicant may then
conduct an Independent Fee
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