HomeMy WebLinkAbout20092895.tiffDRAFT RESOLUTION
RE: ACTION OF THE BOARD CONCERNING RECONSIDERATION OF APPEAL
REGARDING PROPOSED ROAD IMPACT FEE FROM INDEPENDENT FEE
CALCULATION STUDY - SPICER RANCHES, LTD
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, on September 3, 2008, the Board of County Commissioners approved the
application of Spicer Ranches, LTD, 37440 County Road 43, Eaton, Colorado 80615, for a Site
Specific Development Plan and Use by Special Review Permit #1633 for an Agricultural Service
Establishment primarily engaged in performing agricultural, animal husbandry, and horticultural
services on a fee or contract basis, including Commercial Rodeo and Equine Center (indoor and
outdoor), in the A (Agricultural) Zone District on the following described real estate, to -wit:
SW1/4 of Section 27, Township 7 North, Range 65
West of the 6th P.M., Weld County, Colorado
WHEREAS, Use by Special Review Permit#1633 for Spicer Ranches, LTD, was assessed a
Transportation Road Impact Fee in the amount of $33,517.65, in accordance with Table 20.1 of the
Weld County Code, and
WHEREAS, Spicer Ranches, LTD, submitted an Independent Fee Calculation Study,
pursuant to Code Section 20-1-320.A, wherein the amount of the fee was proposed to be
$16,470.59, and
WHEREAS, Janet Carter, Weld County Department of Public Works, reviewed the
applicant's Independent Fee Calculation Study, and disagreed with its resulting proposed fee, and in
a Memorandum, dated August 18, 2009, stated the applicant's Study is incomplete and does not
satisfy generally recognized principals of Transportation Analysis, and
WHEREAS, Spicer Ranches, LTD, c/o AGPROfessionals, LLC, submitted to the Board of
County Commissioners an appeal of the denial by the Interim Planning Director of the proposed fee
of $16,470.59, pursuant to Code Section 20-1-340, and
WHEREAS, on September 14, 2009, the Board considered said appeal and deemed it
advisable to reverse the decision of the Interim Planning Director, with the finding that Agricultural
Commercial is the most appropriate classification for the structure, and therefore, the rate of
$509.00 per 1,000 square feet is the correct rate for this use, and the Board directed the Interim
Planning Director to work with the appellant to recalculate the amount of square footage attributed to
the Agricultural Commercial classification, and
WHEREAS, upon reconsideration of such appeal on November 2, 2009, including a review
of all information submitted by Spicer Ranches, LTD, c/o AGPROfessionals, LLC, and the
Departments of Planning Services and Public Works, the Board deems it advisable to reverse the
2009-2895
PL0756
do., Pt , -f-i v-, akiLsie
/.//6,4,1
ACTION OF THE BOARD CONCERNING RECONSIDERATION OF APPEAL REGARDING
PROPOSED ROAD IMPACT FEE FROM INDEPENDENT FEE CALCULATION STUDY-SPICER
RANCHES, LTD
PAGE 2
decision of the Interim Planning Director, reaffirm that the Agricultural Commercial rate will be
applied to the facility, which is $509.00 per 1,000 square feet, and the Board directed the Interim
Planning Director that the square footage which will be assessed for the Transportation Road
Impact Fee will include the office, the bathrooms, the concession area, and the sand box, and
exclude the arena floor, which will result in a fee in the amount of $1,628.80.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that in the reconsideration of the appeal of Spicer Ranches, LTD, the Board
deems it advisable to reverse the decision of the Interim Planning Director and directed him to
assess the Transportation Road Impact Fee in the amount of $1,628.80.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 2nd day of November, A.D., 2009.
"`"'",,,i,'`BOARD OF COUNTY COMMISSIONERS
i ��_/ ELD CO NYY, COLORADO
1/
�. Garcia, Chair
)/
.--/k._i��
ouglas1Rademachbr, Pro-Tem
Weld County Clerk to the Bo
APPRONI/ED AS TO -FORM:
County Attorney
Date of signature: 1.1W I(Y
(NAY)
(NAY)
Sean c�
P. Conway
ra Kirkmeyer
David E. Long
I
(AYE)
2009-2895
PL0756
October 15, 2009
GPROfessionals, LLC
Weld County Planning Department
GREELEY OFFICE
nrT 1 9(N19
RECEIVED
Mr. Kim Ogle
Department of Planning Services
918 Tenth Street
Greeley, CO 80631
RE: Spicer Arena, USR-1633 AGPRO Project #2717-01
Appeal of Road Impact Fee
Dear Mr. Ogle:
Ms. Meyring and AGPROfessionals have reviewed your evaluation of the Transportation Road
Impact Fee Calculation for the Spicer Arena, URS-1633. We do not believe that this evaluation
meets the intent of the County Commissioners as indicated in the hearing. A decision was not
tendered which was acceptable to both entities on the date of the hearing, and the determination
of the fee presented to Spicer Arena in your letter dated October 1, 2009, is the same fee as
presented during the meeting.
As directed by the Commissioners during the hearing, Spicer Arena requests that another BOCC
hearing be scheduled to review the Spicer Road Impact fee.
Tim Naylor
Planning Consultant
Cc: Becky Meyring
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont, CO 80504
970.535.9318 / office I i 970.535.9854 / fax ❑ www.agpros.com
2009-2895
COLORADO
October 1, 2009
Tim Naylor
AGPROfessionals, LLC
4350 State Highway 66
Longmont, Colorado 80504
Subject: Spicer Ranch Arena, USR-1633
Appeal of Road Impact Fee
Dear Mr. Naylor:
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
The Department of Planning Services during the Appeal hearing on September 14, 2009 received
direction from the Board of County Commissioners to return to the evaluation of the Transportation Road
Impact Fee Calculation for the Spicer Arena, USR-1633. Representatives with the Departments of
Planning Services and Public Works met with the applicant, Ms. Meyring, and her representative,
AgProfessionals in an attempt to seek resolution. The position of the applicant's representative was to
apply the fee to the Office and Lavatories, Concession and Sand Box areas of the arena structure only
stating that this was the "commercial" component. Staff held a different opinion. Given this divide, a
decision was not tendered which was acceptable to both entities on the date of the hearing, September
14, 2009.
Given this lack of an agreement, the Public Works department developed an alternative assessment of
the road impact fee, which was forwarded to the Commissioner Coordinator's for Public Works and
Planning Services for review and comment.
The Coordinator's for each department concluded that a fair assessment or applying the Transportation
Road Impact Fee Calculation by application of Chapter 20 of the Weld County Code would be to assess
the Arena floor, the Office and Lavatories and Concession areas only.
With direction from the Commissioner's office, Weld County is requesting payment in full in the amount of
outstanding balance. The applicant previously submitted a check for $10,000.00 dollars on May 21, 2009.
At the request of the applicant, the appeal fee of $500.00 dollars was deducted from this balance on
August 10, 2009. The remaining balance on retainer is $9500.00 dollars. The assessed fee is
$16,848.00 dollars as outlined in the Scenario, less $9500.00 dollars leaves an outstanding balance of
$7348.00 dollars. This outstanding balance must be submitted to the Department of Planning Services
within ten business days of the date of this letter.
Should this office not hear from you within this time frame, we unfortunately will be forced to begin
revocation of Use by Special Review Permit (USR-1633) and building permit (BCR08-01098). Should you
have additional questions or require clarification on any of the points presented herein, please contact this
office. Thank you.
Sincerely,
Kim Ogle
Planning Services
Enclosure
pc: Commissioner Garcia, Chair
Commissioner Long
Commissioner Rademacher
M. Daniels -Mika, Administration
J. Carter, Public Works
W. Inloes, Planning
USR-1633
BCR08-01098
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COLORADO
October 1, 2009
Tim Naylor
AGPROfessionals, LLC
4350 State Highway 66
Longmont, Colorado 80504
Subject: Spicer Ranch Arena, USR-1633
Appeal of Road Impact Fee
Dear Mr, Naylor:
DEPARTMENT OF PLANNING SERVICES
Greeley Planning Office
918 Tenth Street
Greeley, Colorado 80631
WEBSITE: www.co.weld.co.us
E-MAIL: kogle@co.weld.co.us
PHONE (970) 353-6100, EXT. 3549
FAX (970) 304-6498
The Department of Planning Services during the Appeal hearing on September 14, 2009 received
direction from the Board of County Commissioners to return to the evaluation of the Transportation Road
Impact Fee Calculation for the Spicer Arena, USR-1633. Representatives with the Departments of
Planning Services and Public Works met with the applicant, Ms. Meyring, and her representative,
AgProfessionals in an attempt to seek resolution. The position of the applicant's representative was to
apply the fee to the Office and Lavatories, Concession and Sand Box areas of the arena structure only
stating that this was the "commercial" component. Staff held a different opinion. Given this divide, a
decision was not tendered which was acceptable to both entities on the date of the hearing. September
14, 2009.
Given this lack of an agreement, the Public Works department developed an alternative assessment of
the road impact fee, which was forwarded to the Commissioner Coordinator's for Public Works and
Planning Services for review and comment.
The Coordinator's for each department concluded that a fair assessment or applying the Transportation
Road Impact Fee Calculation by application of Chapter 20 of the Weld County Code would be to assess
the Arena floor, the Office and Lavatories and Concession areas only.
With direction from the Commissioner's office, Weld County is requesting payment in full in the amount of
outstanding balance. The applicant previously submitted a check for $10,000.00 dollars on May 21, 2009
At the request of the applicant, the appeal fee of $500.00 dollars was deducted from this balance on
August 10, 2009. The remaining balance on retainer is $9500.00 dollars. The assessed fee is
$16,848.00 dollars as outlined in the Scenario, less $9500.00 dollars leaves an outstanding balance of
$7348.00 dollars. This outstanding balance must be submitted to the Department of Planning Services
within ten business days of the date of this letter.
Should this office not hear from you within this time frame, we unfortunately will be forced to begin
revocation of Use by Special Review Permit (USR-1633) and building permit (BCR08-01098). Should you
have additional questions or require clarification on any of the points presented herein, please contact this
office. Thank you.
Sincerely,
Kim Og
Planning Services
Enclosure
pc'. Commissioner Garcia, Chair
Commissioner Long
Commissioner Rademacher
M. Daniels -Mika, Administration
J. Carter, Public Works
W. Inloes, Planning
USR-1633
BCR08-01098
Scenerio: Road Impact Fee using Ag Commerical Fee Excluding Ag Areas (Staff Recommendation)
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