HomeMy WebLinkAbout20131292.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING DECISION OF THE DIRECTOR OF THE
DEPARTMENT OF PLANNING SERVICES REQUIRING THE ASSESSMENT OF A ROAD
IMPACT FEE, IN RELATION TO BUILDING PERMIT NO. BCR12-01226 FOR CHANGE
OF USE TO EXISTING WAREHOUSE FACILITY - M&M, INC., CIO LEE VAN ARSDALE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has received an appeal from M&M, Inc.,
concerning the decision by the Department of Planning Services to assess a Road Impact Fee in
relation to Building Permit No. BCR12-01226 for change of use to existing warehouse facility,
located at 1845 Skyway Drive, Longmont, Colorado 80504, in the Vista Commercial PUD, and
WHEREAS, upon consideration of such appeal, including a review of all information
submitted by the appellant and the Department of Planning Services, the Board deems it advisable
to dismiss the appeal of M&M, Inc., c/o Lee Van Arsdale.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the decision of the Department of Planning Services be, and here by is,
upheld and the appeal of M&M, Inc., c/o Lee Van Arsdale, be, and hereby is, dismissed.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of May, A.D., 2013.
BOARD OF COUNTY COMMISSIONERS
QU& WELD CWr, LORADO
ATTEST
Weld County Clerk to the Boa
AP
JUN 12 2013
Date of signature:
A
W Ili F. Garcia, Chair
U os_ d
Douglab Rademacher, Pro-Tem
Sean P. Conway
Mike Free
c�
Barbara Kirkmeyer
2013-1292
PL0073
RECEIVED
MAY 1 4 2ui3
WELD COUNTY
COMMISSIONERS
Clerk to the Board
Weld County Commissioners
1150 0 Street
P.O. Box 758
Greeley, CO 80632
Dear Clerk of the Board
M+Mlnc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
Attached is the notice of denial of appeal from Tom Parko, Planning Services
Director, Weld County Planning Commission. Pursuant to:
ARTICLE IV, Hearings, Sec. 2-4-10. Appeals process.
The Board of County Commissioners shall act as a board of appeals to
hear complaints on actions taken by County boards, commissions and
departments. Except for decisions made by the Board of Adjustment
and Uniform Building Code Board of Appeals, procedure for appeals
shall be as set forth in this Chapter, by resolution of the Board, or as
otherwise provided by law.
A.
Any person appealing an action by a County board, commission or
department to the Board of County Commissioners shall file such a
complaint, in writing, with the Clerk to the Board within sixty (60) days
of the incident in question.
B.
Such complaint shall include:
1. The name of the employee, board, commission or department
against which the complaint is made.
2. A description of the basic facts involved in the complaint.
C.
The Clerk to the Board shall schedule a hearing with the Board of
County Commissioners, to be held within fifteen (15) days of the filing
of the complaint, and shall notify all parties involved in the incident.
D.
The Board of County Commissioners shall hear all the available facts
pertinent to the incident, may schedule a second hearing within thirty
(30) days following the initial hearing if the Board determines such a
2013-1292
1
M+MInc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
need, and shall render a determination within thirty (30) days of the
final hearing.
E.
No person shall be denied the right to appeal, provided that he or she
complies with the administrative procedures established by the Board.
(Weld County Codification Ordinance 2000-1)
1. The name of the employee, board, commission or department against
which the complaint is made.
M + M, INC., filed an appeal with Tom Parko, Planning Services Director, Weld
County Department of Planning Services. On March 18, 2013, after
consideration, Mr. Parko denied the request for reconsideration and
reduction in the road impact fees assessed as part of the company's SPR
process.
M + M, INC., respects the decision of Mr. Parko, however due to the unique
circumstances involved in this matter, it is requested the Board of County
Commissioners hold a hearing to consider the request.
2. A description of the basic facts involved in the complaint.
The Weld County Planning Department provided MHS, LLC/M+M, Inc. with an
initial road impact fee estimate of $39,542.42. The staff reviewed the
information submitted at the time and granted a credit of $21,404.82. This
calculation resulted in a road impact fee totaling $18,009.60 due to the
county.
Based upon a review of the applicable Weld County codes, the floor plan use
analysis submitted, additional traffic data provided by the United States
Postal Service (USPS), a review of the buildings prior designation, a
calculation of the actual county road mileage affected, an analysis of projected
new property tax revenues due the county as a result of the building's
ownership change in light of the Traffic Control Plan Attachment submitted
with the SPR application, we respectfully request a review of fee paid and
consideration of a modification.
2
M Inc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
Rationale for Reconsideration and Modification
I. Facility Use is Identical in Nature Regardless of Definition
Is mail a good or goods that were processed at 1845 Skyway Drive by the
USPS, defined as an institutional/quasi public entity? Goods are defined in
several standard dictionaries as "merchandise, things, articles of trade, wares,
movable effects or personal property that are transported." Mail would meet
the definition of a good (s). While occupying the building at 1845 Skyway
Drive, the USPS processed mail in bulk and also processed retail business mail
by individual customers. Because the USPS is a federally chartered institution,
the Weld County planning staff appropriately determined that it should be
considered as an institutional /quasi -public entity for purposes of
determining an impact fee.
Although the USPS was assigned to the category of an institutional /quasi -
public entity, it was performing a function that was identical in nature (the
assembly and processing of goods (mail)) to the one being used as a
definition of a manufacturing/industrial designation for the purposes of
determining an impact fee for our company.
M + M, Inc. submitted floor plans for its proposed use and one denoting the
floor plan space use by USPS for the building at 1845 Skyway Drive. A floor
plan comparing the use of floor place by both entities filed with the planning
department shows there is only a small difference between the previous and
projected use of the space with regard to the general working area and office
space.
Regardless that the previous owner was a public entity and the new owner is
a private company, based on this comparison and analysis, the business
function that will be undertaken in the same space is indistinguishable
between the prior public owner and the current private owner.
3
M + M Inc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
II. Substantial Reduction in Cost to Weld County for Road Impact by
Projected Traffic Use by M+M, Inc. Compared to Actual Usage by USPS
without Any Financial Contribution to Weld County
The traffic impact fee is premised on the expectation that a certain type of
facility will create traffic use that will have a specific type of impact on the
surrounding public roads maintained by the county. The prior and proposed
occupant of the building will utilize the existing floor space in an almost
identical manner, yet the prior occupant's business processes generated
substantially more traffic without providing any financial contribution to the
county through property taxes and it was assessed a road impact fee
substantially less.
Based on the attached chart, Weld County will actually be saving money on
projected county road maintenance through M+M's projected use of the
facility at 1845 Skyway Drive compared to what costs were being incurred by
the county during the LISPS ownership of the building. Based on data supplied
by the USPS for this facility, the average annual traffic trips into and out of the
facility were:
Employee Passenger 28,170
Class 7-8 Trucks 1,435
Business Passenger 6,260
Retail Passenger Drop Off 12,520
The projected average annual traffic trips into and out of the facility for M+M,
Inc. in the same categories is:
Employee Passenger 10,329
Class 7-8 Trucks 391
Business Passenger 0
Retail Passenger Drop Off 0
Compared to traffic flow during the USPS use of the facility, the county will
experience a net reduction on average of 37,664 vehicle trips into and out of
the facility utilizing surrounding roads. More importantly, according to the U.
S. Department of Transportation, Federal Highway Administration (see
Footnotes), Class 7-8 combination trucks are responsible for more than 40
percent of system preservation costs.
4
M+MInc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
M+M, Inc. is projected to have more than 1,000 fewer annual tractor trailer
trips into the facility than the USPS did while occupying the building for over
nine years. The estimated cost per mile for pavement improvements, repairs
and resurfacing is .069 cents per mile for all passenger vehicles and 3.64
cents per mile for all combination trucks. At the projected rate of combination
truck traffic by M+M, Inc., it would take the Company 33 years to incur the
same number of combination truck traffic trips that USPS totaled in a nine-
year period.
M+M is estimated to create 3.6 times less road impact yet, because it is a
private entity, it is being asked to pay for an impact fee almost twice as much
per square foot ($1074 vs. $2043) as the previous public entity that
generated 1,000 more heavy truck trips than projected by M+M when the
existing facility is at full utilization.
III. USPS Use of the Facility Generated No Property Tax Payments to
Weld County
Because USPS was tax exempt, it was not required to pay any property taxes
on the assessed value of the property to Weld County. With the purchase of
the building by MHS, LLC and putting it into use by M+M, Inc. The company
estimates it will pay $12,400 for 2012 property taxes and thereafter, it will
pay annual county property taxes between approximately $36,000 and
$42,000 based on discussions with the Weld County Assessor.
IV. Roads Used to Access the Facility is Over 90% State and Federal
Upon review of a map indicating the location of the facility and the
identification of the roads into the facility, a minimal amount of county roads
will be directly affected. Both vendors and employees will make the primary
access to the facility from a federal highway (I-25) via a state highway (CO
119). The projected traffic pattern for vendors and employees to the facility
will be via CO 119. The actual mileage of county roads used to access the
facility from either entry point off CO 119 to the industrial park and 1845
Skyway Drive is .385 tenths of a mile from the West entrance and .3 tenths of
a mile from the East entrance to the industrial park (see attached maps)
5
M + M Inc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
Options Requested for Consideration
1. Issuing a Credit for Future Estimated Road Impact Fees Generated from
Possible Expansion
Under existing county zoning use and planning, the facility at 1845 Skyway
Drive has a footprint that would allow the company to expand the facility by
7,400 sq. ft. for one level and up to 7,400 sq. ft. on a second story. If the
company were to expand, a likely scenario would be to increase ground level
manufacturing by 7,400 and create new consolidate office space on a second
story of the addition of approximately 3,000 sq. ft. Of the current
approximately 3,480 sq. ft. of office space in the existing site plan filed, all but
approximately 1,000 sq. ft. would be converted to additional
manufacturing/warehousing space.
Below is an estimate of the projected road impact fees for the described
expansion above.
Manufacturing
Office
Manufacturing
Office
Road County
Impact Fee Facility
Fee
Estimated Sq.
Ft. Future Per 1,000
Addition Rate
Per 1,000
Rate
7,400
$2,043.00
$152.00
3,000
$2,075.00
$302.00
Total
Total Fee
Total Fee
$15,118.20
$1,124.80
$6,225.00
$906.00
$21,343.20
$2,030.80
The company requests a credit in the amount of $18,009.60 be applied
against any calculated road impact fees generated from future expansion at
1845 Skyway Drive.
6
2. Refund
The company requests a refund in the amount of $18,009.60
3. Negotiations and or Combination of 1 & 2
Sincerely,
Lee Van Arsdale
President
M+M Inc
1845 Skyway Drive
Longmont, CO 80504
303-522-1278 Ext. 115
lee@mm-industries.com
M + M Inc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
7
M + M Inc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
Attachments
➢ Traffic data comparison spreadsheet
➢ USPS Use Analysis
➢ M+M, Inc. Use Analysis
➢ Estimated Road and Facility Fees
➢ Map of roads into the facility
➢ Copy of Appeal Denial Letter
References:
1. Truck Weight and Road Damage. The weight that heavy trucks carry
causes more damage to the highways than automobiles. National and state
studies suggest that costs associated with the design, construction and
maintenance are greater for heavy trucks than for automobiles. The American
Association of State Highway and Transportation Officials' (AASHTO) Road
Test Study found that the cost responsibility related to axle weight increases
at a gradual rate up to 10,000 pounds and rapidly increases above 16,000
pounds. It also concluded that pavement damage increases exponentially as
axle weight increases, and that the passage of an 80,000 -pound five -axle
tractor -trailer has about the same impact on highway deterioration as that of
9,600 automobiles.]
According to a series of experiments carried out in the late 1950s, called the
AASHO Road Test it was empirically determined that the effective damage
done to the road is roughly proportional to the fourth power of axle
weight ill A typical tractor -trailer weighing 80,000 pounds (36.287 t) with
8,000 pounds (3.629 t) on the steer axle and 36,000 pounds (16.329 t) on
both of the tandem axle groups is expected to do 7,800 times more damage
than a passenger vehicle with 2,000 pounds (0.907 t) on each axle.
Combination trucks are responsible for 30 percent of total federal highway
cost responsibility. They are responsible for more than 40 percent of system
preservation costs and almost 40 percent of new capacity costs. Single trailer
combinations, on average, have slightly higher cost responsibilities per mile
than multi -trailer combinations. On average, per mile costs of both single and
multi -trailer combinations are almost double those of single unit trucks and
about 10 times the costs per mile for passenger vehicles.
2. County Code References
CHAPTER 20
8
M + M Inc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
IMPACT FEES
B. Purpose. The above -stated intent is accomplished in this Chapter by the
establishment of a system for the imposition of impact fees to assure that new
development contributes its proportionate share of the cost of providing, and
benefits from the provision of, the capital improvements required to provide
new development with the same level of service currently enjoyed by existing
development. (Weld County Code Ordinance 2011-2)
Amend Sec. 20-1-50. Definitions.
Institutional/quasi-public means a governmental, quasi -public or institutional
use or a nonprofit recreational use not located in a shopping center. Typical
uses include elementary, secondary or higher educational establishments, day
care centers, hospitals, mental institutions, nursing homes, assisted living
facilities, city halls, county court houses, post offices jails, libraries, museums,
places of religious worship, military bases, airports, bus stations, fraternal
lodges, parks and playgrounds.
Manufacturing/industrial means an establishment primarily engaged in the
fabrication, assembly or processing_of goods. Typical uses include
laboratories, manufacturing plants, welding shops, wholesale bakeries, dry
cleaning plants, bottling works and similar uses.
Warehouse means an establishment primarily engaged in the display, storage
and sale of goods to other firms for resale, as well as activities involving
significant movement and storage of products or equipment. Typical uses
include wholesale distributors, storage warehouses, moving and storage
firms, trucking and shipping operations and major mail processing centers.
(Weld County Code Ordinance 2011-2)
Commercial as defined in accordance with Section 23-1-90 of this Code.
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.
H. Administrative appeal. The administrative decision of the Planning
9
M + M Inc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
Department calculating the fees in accordance with the fee schedule maybe
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 Calculation Study as further described in
Section 20-1-80 below. (Weld County Code Ordinance 2011-2)
A. The intent of an Independent Fee Calculation Study is to determine
appropriate impact fees for land uses that are not typical of the generalized
land uses listed in the impact fee schedules. It shall not be grounds for an
independent fee calculation that the initial occupant of the development will
not generate as much impact as is assumed by the fee schedules, but that
unique and permanent features of the development will result in lower
impacts over the long term.
CHAPTER 23
ZONING
Amend Sec. 23-1-90. Definitions.
Sec. 23-3-230. C-3 (Business Commercial) Zone District
A. Intent. The purpose of the C-3 Zone District is to establish and preserve
areas for activities which provide goods or services for the benefit of the
general public or which require large amounts of space or high traffic
volumes for generating business. The C-3 Zone District shall be located,
designed and operated in a manner that minimizes the undesirable impacts
on the area in which they are located.
B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED
and no BUILDING or STRUCTURE shall hereafter be erected, structurally
altered, enlarged or maintained in the C-3 Zone District except for one (1) or
10
M + M Inc.
1845 Skyway Drive
Longmont, CO 80504
888-236-2619 fax
more of the following USES which must be conducted in compliance with
performance standards contained in Section 23-3-250 below. USES within the
C-3 Zone District shall also be subject to additional requirements contained in
Articles IV and V of this Chapter.
6. Warehousing and transfer facilities.
D. Uses by Special Review.
2. USES listed as Uses Allowed by Right in the I-1 Industrial Zone District,
provided that the USE is ENCLOSED and SCREENED and that the Commercial
Zone District performance standards contained in Section 23-3-250 below,
are met prior to construction and during operation.
Sec. 23-3-310. I-1 (Industrial) Zone District
A. Intent. The purpose of the I-1 Zone District is to provide a zone to
accommodate industrial USES which create minimal negative visual impacts.
1. Any USE of a research, repairing, manufacturing, fabricating, processing,
assembling or storage nature may be conducted in the I-1 Zone District as
long as such USE is conducted only within ENCLOSED BUILDINGS.
Weld County Commissioners
1150 0 Street
P.O. Box 758
Greeley, CO 80632
phone: (970) 336-7204
fax: (970) 352-0242
email: jfuller@weldgov.com
Plan
11
M+M FLOOR PLAN
TOTAL BUILDING AREA
CIRCULATION
OFFICES
EMPLOYEE SUPPORT
BUILDING SUPPORT
CUSTOMER SERVICE
SHIPPING AND RECEIVING
M+M WORK ROOM
PRODUCT PROCESSING
ASSEMBLY
PARTS FABRICATION
STORAGE AND WAREHOUSE
CIRC.-
84 GSF
M+M WORK
ROOM
19,312 GSF
26,610 GSF 100%
170 GSF
2,127 GSF
1,336 GSF
920 GSF
804 GSF
1,940 GSF
19,312 GSF
0.6%
8.0%
5.0%
3.5%
3.0%
7.3%
72.6%
OFFICE
216 GSF
TOTAL BUILDING
26,610 GSF
BUILDING
SUPPORT
614 GSF
EMPLOYEE
SUPPORT
1,336 GSF
4/CIRC.
86 GSF
SHIPPING &
RECEIVING
1,940 GSF
CUSTOME
SERV ICE
804 GSF
OFFICES
1,911 GSF
PROPOSED M+M
aBUILDING USE ANALYSIS
SCALE: 1"= 30'
BLDG.
SUPPORT
306 GSF
10.09.12
Y
u
'B
R
H
V
L
L
Cu
O. 47.:^O
F
L
u
u R
a
= O
L
d
tg
4.cia
Q
7.4
O
VV
Weekl Monthl
—
7
oC
N
O
M
t
C
C
'C
N
-12520
C
-37664
10329
o
391 1
o
O
0
10720 1
792
O
rn°O
0
0
N
N
00
00
a1
0
00
0
0
0
206
m
o—
o
0
o
,.�„
3.70
N
M
co
o
O
O
o
O
Q\
M
28170
O
V1
V
6260
12520
O
48385
o
N
co
O
0
480
0
O
3710
540
O
N
I 120
240
0
928
cIT
0
in
N
40
0
155
CC
.0
I
H
O 0
o
U co
w 0.
O 0
O +'
O 0
NO
E
O
a F
-a O
up b
0. V
C C)
O
q
V
co
-0• b
a Y
- C)
O
'O G 0.
0
V
Fr�2
rn
rn
en
en 71-
00 00
) ra
°ci
•Jen
>• CO
ct en
I° I. /
2o >
e) cu
%2
b=w jf
2/\ :;
rn &[
\}\ \,
§2j \/
/ �® • C <
\ \!
({
\/
o s. o 0
Z.
0
E Z c
O 3 t•
2 a 2 a
0 9 E In a
r u r ` S
Y M p u u V
m b N • y.
ca T T E F 0
u u 9 n u u
L - L C J u' u
A O t t u
✓ 3C' C HFc,
T O CO M
as -au°
O
o
VD ▪ C O O
O • C+0 a ti
C aC> C O v
z
E O
- ¢ a vWJD
T ¢ v. l Y d O
T O
-2E C
E • C c -o T u
H, o a
a y 0 .c O O Jo t' O
C. r CG 4L << - M _. ^ U
_ ja.T^LO °7tin 40
I- N 0.
a a> O
z • 7 O C a> E a'' a> c> v a>
ao> v„ , O O C O 'a'
F .> 7 L
U C r`j a) L U C
u 0,m Ni] 0 O. T mO.
0. O
M b
R E O g,= N'y- O d
�.o�-a' cia as
> rn C.C. cC O " O
A I ay>u, ,-o`a�aE0
O • o • 2't G Ea G N M OU i 4:' N
C >` O..`,: 'C '� O O O'D E
oo ' 'vP�72N 3 E.a>w
�, vi . . , T T E , t
_ y a>xxx O n
- •-->r0000
v. C E E E U C -d u a>
V U
o • HO==v Sri rn°F[s-F.
USPS FLOOR PLAN
TOTAL BUILDING AREA
CIRCULATION
OFFICES
EMPLOYEE SUPPORT
BUILDING SUPPORT
CUSTOMER SERVICE
SHIPPING AND RECEIVING
POSTAL WORK ROOM
MAIL SORTING AND PROCESSING
STORAGE AND WAREHOUSE
POSTAL
WORK ROOM
19,930 GSF
26,610 GSF 100%
386 GSF
1,294 GSF
1,336 GSF
920 GSF
804 GSF
1,940 GSF
19,930 GSF
1.4%
4.9%
5.0%
3.5%
3.0%
7.3%
74.9%
CIRC.
300 GSF
TOTAL BUILDING
26,610 GSF
BUILDING
SUPPORT
614 GSF
EMPLOYEE
SUPPORT
1,336 GSF
CIRC.
�86 GSF
SHIPPING &
RECEIVING
1,940 GSF
CUSTOME
SERVICE
804 GSF
lfJ BLDG.
SUPPORT
306 GSF
OFFICES
1,294 GSF
EXISTING USPS
a� BUILDING USE ANALYSIS
SCALE: 1"= 30'
10.09.12
Estimated Change of Use Road Impact Fees and County Facility Fees
Credit for Fees under USPS
19,930 sq feet of work space based under the Quasi Public category
Road Impact Fee - $1074.00 per 1000 sf = $21,404.82
County Facility Fee - $188.00 per 1000 sf = $3746.84
For Office Space based on 1,294 st:
Road Impact Fee - $2075.00 per 1000 sf = $2685.05
County Facility Fee - $302.00 per 1000 sf = $390.79
Total Credits = $28,227.50
Proposed Changes for Fabrication area
19,312 sq feet of work space based on a Manufacturing category
Road Impact Fee - $2043.00 per 1000 sf = $39,454.42
County Facility Fee - $152.00 per 1000 sf = $2935.42
For Office Space based on 1,911 st
Road Impact Fee - $2075.00 per 1000 sf = $3965.33
County Facility Fee - $302.00 per 100 sf = $577.12
Total Fee for Change of Use = $ 46,932.29
Difference and total approximate fee to by applied: $18,704.79
mapquest
flap ,Df:
1848 Skyway Dr
Loangrnont, CO.80504 6262
1:3
in pquEst
:L
o c t
9 tc1
Jessum
• ..'11rri
c
Rinn
?:?011 M* Qu *t - Peet:ism !42012 Pa vifQ.I
p! 'rI 2
»r»: Wiciindal bc.US* 0'dirOCtfot'.an] inwss aii:ter: ccfr.ake-osd=zrrccsctte•accur.•c}•ofter rns+?,•e r:Nt
:wild 's cc !c tx uxt t ty. Y4•r yy• cf i:s. •
1 or 1 S?2S I2. 'J'.:t 4 I'll
tl
mapquest
=201 M.p2. td
i 4 I.' s_;r• P1.1
1
March 18, 2013
WELD COUNTY
DEPARTMENT OF PLANNING SERVICES
PLANNING DIVISION
1555 N. 17TH AVENUE
GREELEY, CO 80631
PHONE (970) 353-6100, EXT. 3572
FAX (970) 304-6498
tparko@weldgov.com
Ron Smith
M&M, Inc.
1845 Skyway Drive
Longmont, Colorado 80504
RE: Imposition of Impact Fees associated with Building Permit No. BCR12-01226.
Dear Ron:
Please let this letter serve as a formal response to your request dated February 28, 2013 to refund
of the Road Impact Fee (RIF) in the amount of $19,482.25. The Road Impact Fee (RIF) is
associated with Building Permit No. 12-01226. The owner seeking relief is M&M, Inc. whose
address is 1845 Skyway Drive, Longmont Colorado. M&M, Inc was approved to operate a
business under Site Plan Review (SPR) No. 12-0011. More specifically, the SPR was approved
for a manufacturing and office use located in the Vista Commercial PUD subdivision.
For context and reference, the prior owner of record was the United States Postal Service. The
USPS operated a central mail processing facility at this location. The USPS was not subject to a
land use permit or impact fees because it was a federal facility and classified as quasi -public.
Staff estimated that the USPS would have paid impact fees in the amount of $28,477.50.
M&M, Inc. unfortunately is not a quasi -public facility and is subject to impact fees based on
manufacturing and office uses. The impact fees for these uses totaled $47,959.75. However,
under my interpretation of Section 20-1-60.E of the Weld County Code this department issued a
credit to M&M, Inc. based on difference between the full amount you were obligated to pay
($47,959.75) and the amount the USPS would have paid ($28,477.50) if they were subjected to
fees.
Section 20-1-60.E reads, "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..."
According to Chapter 20, Article 1, Section 20-1-60.H the only grounds for administrative
appeal is an appeal of a land use type to the Director of Planning Services. I have determined that
your request for a full RIF refund cannot be granted and that this office correctly assessed the
RIF in the amount of $19,482.25 based on a manufacturing and office use. My finding is based
on Section 20-1-60.H, which specifically grants me the authority to affirm or modify a specific
land use type or category. Your request does not appear to dispute a land use category, but rather
disputes the difference in impacts between the uses associated with the former USPS operation
and the current operation.
Under Section 20-1-60.H, the owner may appeal my decision to the Board of County
Commissioners according to the procedures set forth in Section 2-4-10 of the Weld County
Code. The owner may also conduct an Independent fee calculation as outlined under Section 20-
1-80 of the Weld County Code.
If you have any questions or need assistance please do not hesitate to contact me.
Sincerely,
Tom Parko'=
Tom Parko
Planning Services Director
M&M, Inc. Summary
Business Use:
Business Location:
Land Use Case #:
Gun manufacturing, wholesale and office support
1845 Skyway Drive, Longmont, CO. (Vista Commercial PUD)
Site was formally occupied by the United States Postal Service
SPR (Site Plan Review) 12-0011
Impact Fee Breakdown:
Manufacturing area (work space): 19,312 square feet
Office area:
Impact fees:
Road
Capital Facility
Drainage
1,911 square feet
Impact Fees assessed at time of building permit:
Road:
Capital:
Drainage:
$ 43,419
$ 3,512
$ 0.00 *
*A drainage impact fee was not assessed because M&M did an interior finish and did not
impact existing drainage facilities by adding additional impervious surfaces or structural
additions.
Total fees assessed to M&M, Inc.
Credit given to M&M, Inc. per Section 20-1.60.E
Total Fees Paid by M&M, Inc.
$ 46,931 (Road + Capital)
$ 28,477.50
$ 18,453.50
Appeal submitted to Director of Planning Services: February 28, 2013 requesting that the County
waive the balance paid of $ 18,453.50 ($46,931.00 - $28,477.50)
Director of Planning Services appeal determination letter: March 18, 2013, which denied the
appeal based on the findings under Section 20-1-60.H
M&M Appeal to Board of County Commissioners: May 14, 2013
Original Estimate $39,542
Actual $46,931
$18,009 cited by M&M (should be $18,453.50)
Section 20-1-60.E reads, "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..."
Section 20-1-60.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
Calculation Study as further described in Section 20-1-80 below.
Manufacturing/industrial means an establishment primarily engaged in the fabrication, assembly
or processing of goods. Typical uses include laboratories, manufacturing plants, welding shops,
wholesale bakeries, dry cleaning plants, bottling works and similar uses.
Hello