HomeMy WebLinkAbout20092443.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING 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 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 applicants 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, upon consideration of such appeal, including a review of all information
submitted by Spicer Ranches, LTD, do AGPROfessionals, LLC, and the Departments of Planning
Services and Public Works, the Board deems 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 staff to work with the appellant to recalculate the amount of square
footage attributed to the Agricultural Commercial classification.
2009-2443
PL0756
ee Pt 1 Pte, Roo/,99P1-
ACTION OF THE BOARD CONCERNING PROPOSED ROAD IMPACT FEE FROM
INDEPENDENT FEE CALCULATION STUDY - SPICER RANCHES, LTD
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that in the appeal of Spicer Ranches, LTD, the Board reverses the decision of the
Interim Planning Director.
BE IT FURTHER RESOLVED by the Board that staff is hereby directed to work with the
appellant to recalculate the amount of square footage attributed to the Agricultural Commercial
classification at the rate of $509.00 per 1,000 square feet.
BE IT FURTHER RESOLVED by the Board that if a consensus cannot be reached among
the appellant and staff from the Departments of Planning Services and Public Works, the appellant
may choose to resume the appeal with the Board of County Commissioners.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of September, A.D., 2009.
ATTEST:
Weld County Clerk to the Boar
BY: `t, -7-&5' t y f'
DeputyfClerk to the Board
APPROVED AS TCYFORM:
County Attorney
Date of signature: / c// 9/C7
BOARD OF2UNTY COMMISSIONERS
WELD. SLLJM1', COLORADO
iam F. Garcia, Chair
ademacher, Pro-Tem
Sean P. Conway
1 Li't!kc
Bar'Igneyer% /
°`'/
David E Long
2009-2443
PL0756
460t,
COLORADO
MEMORANDUM
TO: Board of County Commissioners
DATE: September 14, 2009
FROM: Kim Ogle, Planning Servicesk,
SUBJECT: Staff Recommendation
Chronology for Appeal:
On July 23, 2008 , the Board of County Commissioners approved an Agricultural Services Establishment for a
Commercial Rodeo and Equine Center for Spicer Ranches Limited, do Rebecca J. Meyring.
On December 3, 2008, building permit BCR08-01098 for a change of use for a 65,850 square foot (1.5 acres)
indoor riding arena was issued.
On December 3, 2008, Ms. Wendi Inloes, Planning Coordinator assessed the transportation impact fee of
$ 33,517.65 dollars. This fee was based on compliance with Table 20.1 of the Weld County Code and
information provided by the applicant on the use of the building.
On December 24, 2008, Mr. Jacob Augenstein with Casseday Creative Designs requested a re-evaluation of
the Road Impact Fees.
On January 12, 2009, Ms. Janet Carter, Traffic Engineer provided a response to Casseday Creative Designs
addressing the items needed for the Independent Fee Calculation, and explanation of the assessed Road
Impact Fee.
On May 21, 2009, Spicer Ranches Ltd. submitted a check, # 8074, for $10,000.00 dollars to be applied to the
Road Impact Fees associated with the Spicer Arena.
On May 27, 2009, Mr. Kim Ogle, Planning Manager, sent a letter to Ms. Rebecca (Becky) Meyring stating that
Weld County had not received written evidence of an Independent Fee Calculation, therefore the Road Impact
Fee remains outstanding and must be paid prior to recording the plat.
On July 20, 2009, Mr. Kim Ogle, Planning Manager, sent a letter to Ms. Becky Meyring requesting payment for
Road Impact Fees.
On August 7, 2009, Ms. Wendi Inloes, Planning Coordinator and Ms. Janet Carter, Traffic Engineer met with
the applicant's representative, Messrs. Tim Naylor and Tom Haren of AGPROfessionals, LLC about the
requirements of the Independent Fee Calculation.
On August 10, 2009, Ms. Becky Meyring provided written documentation of a contractual agreement between
AGPROfessionals, LLC and Spicer Ranches Limited, to process all work related to the Road Impact Fee
assessed to Spicer Arena. Ms. Meyring requested the County to apply $ 500.00 dollars of the original $
10,000.00 deposit for the Road Impact Fee to the application for an independent fee calculation.
On August 10, 2009, Ms. Monica Daniels -Mika received the Independent Fee Calculation from Mr. Tim Naylor
of AGPROfessionals, LLC
On August 18, 2009, Ms. Janet Carter, Traffic Engineer issued a Memorandum stating that the Independent
Fee Calculation was incomplete.
2009-2443
On August 21, 2009, Mr. Kim Ogle, Interim Planning Director, sent a letter to Mr. Tim Naylor to schedule a
Board of County Commissioner hearing for the Independent Fee Calculation.
On August 27, 2009, Mr. Tim Naylor requested by electronic mail to schedule the Appeal of the Road Impact
Fee hearing with the Board of County Commissioners on Monday September 14, 2009.
Action: The Department of Planning Service is forwarding this case to the Board of County Commissioners
for your review and determination as found in Section 20-1-340 of the Weld County Code. In subsection B of
this Section, "The Board of County Commissioners, after hearing, shall have the power to affirm or reverse the
decision of the Director. In making its decision, the Board of County Commissioners shall make written
findings of fact and conclusions of law, and apply the standards in Section 20-1-330 above. If the Board of
County Commissioners reverses the decision of the Director, it shall instruct the Director to recalculate the fee
in accordance with its findings."
The Department of Planning Services has determined that the applicant has failed to satisfy the requirement
of Section 20-1-330 of the Weld County Code for the following reasons:
1. The applicant has failed to rely upon general principles of impact analysis, and
2. The data, information and assumptions used by the applicant to calculate the Independent Fee
Calculations study are not consistent with the impacts of the proposed use. More specifically, Weld
County Public Works has determined that the submitted materials were not prepared by a qualified
traffic planner or engineer pursuant to an accepted methodology of transportation planning or
engineering, and the Independent Fee Calculation was not calculated by the use of traffic count data,
and there was no summary of the trip distribution anticipated from the project site nor was there an
analysis of the existing and future traffic volumes for the immediate, short term (2015) and Long Term
(2035). The applicant relied upon an average number of vehicles per event per year which are not
consistent with the application materials.
The Department of Planning Service's is recommending that the Board of County Commissioners direct staff
to accept the methodology and findings developed by the Weld County Department of Public Works, for this
Independent Fee Calculation study. It is the judgment of staff that these findings meet the standards of
Section 20-1-330, and the proposed fee of $ 33,517.65 dollars is consistent with the impacts generated from
this case.
pc: Pat Persichino
Bruce Barker
Janet Carter
Wendi Inloes
M \Kimo\Current Board Hearings\Use by Special Review \USR Approved Cases \Spicer Ranches USR-1633\Staff Recommendation RIF Calculation Memorandum
Kim Ogle
From:
Sent:
To:
Cc:
Subject:
Kim
Tim Naylor [tnaylor@agpros.com]
Thursday, August 27, 2009 9:46 AM
Kim Ogle
Tom Haren; Olivia Cain; Brandy Bair; bjmeyring@yahoo.com
Spicer USR-1633 Appeal of Road Impact Fee
Please schedule the Spicer Arena, USR-1633 Appeal of the Road Impact Fee hearing with the BOCC for Monday,
September 14, 2009, 9AM in the Commissioners hearing room.
Thanks
Tim Naylor
AGPROfessionals, LLC
4350 Highway 66
Longmont, Colorado 80504
(970)535-9318
(970)535-9854 fax
tnavlor(?i agpros.com
4tt:i�1
lURe.
COLORADO
August 21, 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 has received a memorandum from the Department of Public Works
concerning the Independent Fee Calculation submitted by your office dated August 10, 2009. It is the
determination of this office that the fee calculation method is incomplete and does not meet the
requirements of Section 20-1-330 of the Weld County Code. Given this determination AGPROfessionals,
LLC as representative for Becky Meyring, owner of Spicer Ranch may appeal the decision to the Board of
County Commissioners who has the authority to affirm or reverse the decision of this office. The
decision of the Board of County Commissioners shall be final and not subject to further administrative
appeal.
In conversation with the Clerk to the Board's office, the dates available for this hearing are: September 2,
September 14, September 16 and September 21, 2009. The hearing before the Board of County
Commissioners will be scheduled for 9 o'clock in the Commissioners Hearing Room. Please notify this
office of your availability and that of your client such that this issue may be resolved.
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
Enclosures
pc: J. Carter, Public Works
W. Inloes, Planning
USP-1633
111k.
MEMORANDUM
TO: Kim Ogle, Planning Services DATE: August 18, 2009
FROM: Janet Carter E.I., Public Works
COLORADO SUBJECT: Independent Fee Calculation Spicer Ranch Arena USR-1633
Comments
Public Works received an Independent Fee Calculation dated August 10, 2009 from AgProfessional, LLC. The submitted
Independent Fee Calculation was incomplete and does not satisfy generally recognized principals of Transportation
Analysis. The County has determined that the imposition of a road impact fee is justified in Weld County Code Section 20
in order to ensure that new development bears a proportionate share of the costs of the road capital improvements
necessary to accommodate new development while at the same time maintaining the adopted level of service on the Road
System while promoting and protecting the public health, safety and welfare. After reviewing the Independent Fee
Calculation submittal materials; I have prepared the following comments:
I. Traffic Count Data collected by the applicant's representative was not included with the submittal.
2. Calculations for VMT, VMC, and length of impacted roadways from the Highway Capacity manual formulas
were not provided with the submittal.
3. The submitted materials were not performed by a Transportation Engineer or Transportation Planner. Weld
County Code Section 20-1-310 B. 2 states "The independent source is a local study on trip characteristics carried
out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or
engineering."
4. The Independent Fee Calculation must be calculated by the use of traffic count data and land use defined in Trip
Generation, a report prepared by the Institute of Transportation Engineers (ITE). However the Independent Fee
Calculation for Spicer Arena was based incorrectly on an estimated trip volume proposed by the applicant's
representative.
5. The submitted Independent Fee Calculation did not contain a summary of the study area and the trip distribution
anticipated from the project site.
6. An analysis of existing traffic volumes and mitigation of any level of services deficiencies that may occur due to
the project were not submitted.
7. Analysis of future traffic volumes in the Short Term (2015) and Long Term (2035) were not submitted.
Project Background
Since May 9, 2007, there has been an ongoing Violation Case (ZCV-07-01045) for the Spicer Ranch property owners.
The Spicer Ranch USR was passed by the Board of County Commissioners on August 30, 2008. Public Works received a
letter from Casseday Creative Designs, representative for Spicer Ranch, requesting that the road impact fee for the Spicer
Ranch facility be re-evaluated on December 24, 2008. The applicant had not submitted a traffic study for the project at
that time. Public Works evaluated the applicant's proposed traffic volumes and compared trip generation values for
equivalent land uses as presented in the Institute of Transportation Engineers (ITE) Trip Generation Manual. Public
Page - 1 - of 2 August 18, 2009
M VPLANNING — DEVELOPMENT REVIEW VUSR-Use by Special Review VUSR-1633-Spicer Ranch ArenaVIndependant Fee 081409.doc
Works also considered the consistency of the request with current Weld County Code as contained in Table 20.1 Section
20-1-220. The evaluation performed by Public Works was provided to the Applicant on January 12, 2009. The following
narrative was included with the evaluation supplied to the applicant:
The Spicer Ranch arena building is 65,850 square feet in size (1.5 acres). The applicant proposes holding
special events in the arena with many participants in addition to hosting daily visits with relatively few participants.
Participants will bring livestock in trailers towed behind pickups, some coming from as far as Wyoming and
Morgan County. Equestrian arenas are not specified in County Code and are not addressed in the ITE manual.
Due to the large size of the facility and proposed events on weekends, the land uses that would be similar to the
arena would be a church or commercial entertainment venue such as a theater. The arena can also be evaluated
as a light industrial use and agricultural -commercial use.
Current Weld County Code would assess a road impact fee of $1,126 per 1000 sq ft based on the church land
use or $509 per 1000 sq ft based on the general light industrial (agricultural commercial) land use. A theater
would be assessed a road impact fee of $4,524 per 1000 square feet of building. The current Weld County Road
impact fee schedule, which is based off of the ITE manual, is comparable with neighboring counties and other
rural counties in Colorado. The following is a list of other Colorado counties road impact fee schedules:
Larimer County
Church
General Light Industrial
Jefferson County
Church
General Light Industrial
Montrose County
Church
General Light Industrial
Mesa County
Church
General Light Industrial
Discussion
$2, 397 per 1,000 sq ft
$2,247 per 1,000 sq ft
$2,430 per 1,000 sq ft
$2,060 per 1,000 sq ft
$3,310 per 1,000 sq ft
$1,800 per 1,000 sq ft
$1,258 per 1,000 sq ft
$849 per 1,000 sq ft
The applicant was also informed in January 2009 that the fees contained in Table 20.1, Section 20-1-220 of the Weld
County Code was developed in 2004; and that the Independent Fee Calculation will utilize current costs. Therefore, it is
unlikely that the independent fee calculation would vary greatly from the existing road impact fee schedule and could in
fact stipulate a larger fee due to costs of construction that have increased since the creation of the current road impact fee
schedule. At this time Public Works informed the applicant that a Traffic Impact Study was a required component for the
Independent Fee Calculation if the applicant wanted to pursue that process. The applicant has failed to submit a Traffic
Impact Study for the project site.
Recommendation
The applicant has not provided a complete, consistent, or repeatable transportation analysis demonstrating that the Road
Impact Fees charged for the Spicer Ranch Arena are inaccurate. Public Works recommends that USR-1633 Spicer Ranch
Arena be assessed $509.00 per 1000 square feet, a total of $33,517.00.
Page - 2 - of 2 August 18, 2009
MAPLANNING — DEVELOPMENT REVIEW \ USR-Use by Special ReviewVUSR-1633-Spicer Ranch ArenaVIndependant Fee 051409.doc
GPROfessionals, LLC
August 10, 2009
To Whom It May Concern
Weld County Planning Department
GREELEY OFFICE
AUG 2891109
RECEIVED
I have contracted with AGPROfessionals. LLC to process all work related to a Road
Impact Fee accessed to Spicer Arena in \Veld County. AGPROfessionals, LLC is
authorized to represent Spicer Arena throughout this process.
Please apply S500 of the original S 10.000 deposit for the Road Impact Fee to the
application for an independent fee calculation.
Sincerely.
Becky \leyring Spicer Arena
ENGINEERING, St: RN:EYING, PLANNING & CONSULTING
4350 I[ighway 66 Longmont. CO 80504
970.535.9315 office 303.485.7838 metro 970.535.9854 fax wscw.agpros.com
Address:
Department of Planning Services
918 10th Street Greeley Ccl:rrado 80^31
Phone: (970) 353-6100, Ext. 3540 Fax: (970) 304-6498
REQUEST FOR REVIEW OF TRANSPORTATION ROAD IMPACT INDEPENDENT FEE
CALCULATION STUDY AND SETTING OF ACCORDING FEES
Date submitted
Fee Paid:
Receipt
Project/Site Name
Location:
uk.) I-13 1 -a -\-On '001S
Parcel # non 2i (x)CC)/mil
Proposed Use:l?OpR19 tT(Q(c
Size;Acres
Anticipated Number of Users Projected Vehicle Miles Travel:
Property Owner Information: f,,,
Name: (L.1/20,C60-Mel t't►1C1
3-1 440 JC ► -
CityiState:Zip Code: Ea, 1--oy 4sr0(ol 5 Telephone:
Applicant or Authorized Agent (if different than above)
Name: Lim A- K
Address: 4 U (Qt
City/State/Zip:
44064 00100 (10 T0s0t Telephone: q10 53c. -7-(45,s
Phase of Land Use. J Sketch Ran J Change of Zone J Final Prat J Site Plan XI Other -4 intpac,-i- tP�'
Roads) Access will be from
(A)Cg 143
Proposed Fee
AGPROfessionals, LLC
DEVELOPERS OPERS u; AG;;ii'lll.it3R
August 10, 2009
Monica Daniels -Mika
Weld County Department of Planning Services
910 10th Street
Greeley, CO 80631
Subject: Spicer Arena Road Impact Fees
Dear Ms. Daniels -Mika:
I am submitting the Road Impact Independent Fee Calculation Study as agreed upon with
you and Tom Haren of AGPROlessionals, LLC.
The fee calculation is based on the average number of vehicles per event at the facility
per year which is approximately 28 trips per event. The vehicle -mile of capacity was
derived from the Highway Capacity Manual and the cost per mile of Weld County road
was supplied by Janet Carter in Public Works. Based on the Sec. 20-1-310. Formula, the
calculated fee is S 16,470.59. See attached spread sheet for details.
The original fee was based on the Road Impact Fee Schedule for agricultural
commercial using a total of 65,850 square feet of building space; however, the
agricultural commercial is as follows, Sec. 20-1-130. Definitions. Agricultural
commercial means,,for the proposes ()/this Chapter. any nonresidential commercial
development permitted by right in the .4 (Agricultural) :one district described in Chapter
23 of this Code, having less than two thousand Jive hundred (2,500) square J'eet o/floor
space per lot. The square footage applied to the roping arena far exceeds the 2.500 square
foot allowance in the Code. Spicer Arena would be willing to pay the agricultural
commercial fee based on the commercial arca within the roping arena which is 3,200
square feet as provided in the attached documents and would generate a fec of S1.628.80.
AGPRO was provided several examples of agricultural commercial classification of
which the highest road impact fee was approximately 54.100 for an eight thousand square
foot milking parlor and one facility was charged the agricultural commercial
classification and a S333 fee instead of the S509 fee. The fee is not consistent for each
application.
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 Longmont, CO 80504
970.535.9318 office 303.4S5.7838 • metro 970.535.9854 fax w w.agpros.eom
tG•rxgn.r. u.,l•. I.Ll
Spicer Road impart Ice Study a .10_09
August 10, 2009
Page -2 -oft
The fee being charged to Spicer Arena is excessive and not in line with other assessed
agricultural commercial fees. Spicer Arena requests that the fee be assessed based on the
provided fee calculation or based on the commercial square footage of the facility.
You can contact me at (970) 535-9318 if you have any questions that I can assist in
answering.
Sincerely,
/41-
-1 •
Tim Naylor
Planning Consultant
Cc: Becky h'leyring
Janet Carter
Spicer Arena Road Impact
Fee
Event
Team Roping Practice
Team Roping Weekend Jackpot
Team Roping Weeknight Jackpot
Barrel Race Weeknights
Barrel Race Weekends
Cutting Horse Practice
Cutting Horse Event
Open Ride Nights
#Weekend Events/Year
#Weekday Average # Average
Events/Year Riders #Teams Average #trailers Total Trailers/year
0 20 30 30 600
6 500 75 600
20 150 30 600
0 26 40 30 0
12 100 50 600
4 50 15 60
6 40 25 150
26 20 20 520
Total 24 96 3130
Max Event Team Roping
4 Vehicles per hour
9 Peak Time Traffic / hour
0.2 VPM or vehicle every 5 min.
Year 9 AVG daily traffic per year
0.4 AVG hourly traffic
Fee Calculation
Trips
%new
Length 10
28
100
VMT
VMC
CosLNMC
VMCNMT
Cost/Mile of Road
CosWNMT
Credit VMC
Credit/VMC
% Credit
Credit $
net costNMT
140
1700
$588.24
12.14
$1,000,000.00
$7,142.86
1672
$598.09
98.35%
$7,025.21
$117.65
FEE (VMTxNet CosUVMT) $16,470.59
Total Area Under Roof 200 x 325
Stalls - West Side of barn
Permenant
Portable
Stalls - East Side of barn
Alleys
East
\Vest
Arena floor
Return alley
Total Arena
Indoor livestock pens
Tack Room
Feed Room
Wash Rack
Hay Storage
Bathrooms
Childress play area
Concession%eating area
Office(s)
6- 12x12
12- 10x10
18- 12x12
10x325
10x325
10x225
150 x 225
50 x 65
25 x 10
25 x 10
25 x 10
25 x 10
20 x15
40 x 40
20 x 40
50 x 10
Total Commercial Area 3200 sf
July 24, 2009
ROfessionals, LLC
Monica Daniels -Mika
Weld County Department of Planning Services
910 10th Street
Greeley, CO 80631
Subject: Spicer Arena Road Impact Fees
Dear Ms. Daniels -Mika:
We are responding to the letter from Kim Ogle dated July 20, 2009, regarding Building
Permit BCR08-01098 and the assessed Road Impact Fee of $33,517.65.
Spicer Arena is requesting a hearing with the Board of County Commissioners pursuant
to Section 20-1-340.B. of the County Code, to appeal the decision of the Director
regarding this fee.
Please notify Becky Meyring and myself of the date of the scheduled hearing.
You can contact me at (970) 535-9318 if you have any questions that I can assist in
answering.
Sinceryly,
/1e s
Tim Naylor(
Planning Consultant
Cc: Becky Meyring
�j Vicky Sprague
ENGINEERING, SURVEYING, PLANNING & CONSULTING
4350 Highway 66 o Longmont, CO 80504
970.535.9318 / office L 303.485.7838 / metro n 970.535.9854 / fax n www.agpros.com
AGPROIe,smnals. LLC
120 n Sib-rwta., kickAcidn
113, 1a:15
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tat st-nvil. 4(1,A -to -viz°
bdat Q,rt` nom.
pdv&suact.. esE.
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COLORADO
July 20, 2009
Spicer Ranch
37440 CR 43
Eaton, CO 80615
Dear Applicant:
DEPARTMENT OF PLANNING SERVICES
918 10 STREET
GREELEY, COLORADO 80631
PHONE (970) 353-6100
FAX (970)304-6498
Building permit BCR08-01098 for a change of use for an indoor arena was issued on December 3, 2008,
at which time you were also assessed a Road Impact Fee of $33,517.65. To date, an obligation of
$10,000.00 has been paid. In order to rectify this situation, we require full payment of these funds
immediately. We understand there was some confusion regarding the assessment of this fee in the past;
therefore, we have extended your opportunity to appeal this decision. You must either pay the fee in full or
officially appeal this decision and submit the corresponding fee and application within fourteen (14) days of
the date of this letter to the Weld County Commissioners for consideration under Chapter 20, Division 4,
of the Weld County Code.
We have reviewed the assessment given to you on December 3, 2008, and affirm that an appropriate fee
consistent with the Weld County Code has been assessed to your building permit BCR08-01098 for the
use of the structure. An assessment for Road Impact Fee was based on an Agricultural/Commercial
category, which is not only consistent with the use, and the code, but is historically consistent when
reviewing other agricultural uses assessed in the past.
Should we not hear from you within the next 14 days we unfortunately will be forced to begin revocation of
your Use by Special Review Permit (USR-1633) and building permit. It is our sincere desire to work with
you to resolution of this issue. Enclosed you will find the Road Impact Fee Assessment and an
Independent Fee Calculation for an appeal for Spicer Ranch, as well as some recent assessments you
have requested.
Please direct all inquires to Monica Daniels -Mika, Director of Administrative Services, at 970-356-4000,
X4210, or email address mmika@co.weld.co.us.
I.Sinc
Kim Og
Interim Planning Director
Pc: Tom Haren
Ag Professionals LLC
4350 Hwy 66
Longmont, CO 80504
Address:
11`k.
COLORADO
DEPARTMENT OF PLANNING SERVICES
918 10TH STREET
GREELEY, COLORADO 80631
WEBSITE: www.co.weld.co.us
PHONE (970) 353-6100, EXT.3540
FAX (970)304-6498
Transportation Road Impact Fee Assessment
Chapter 20 of the Weld County Code
Permit# i �KLJUI C`12 Case# 1,�- It/2-Z Date: 1
PropertyOwner/Tenant: 3pI 6/ Port
34O c�_ , co
I
CC 3foIS
Situs Address (if different from above):
Subdivision:
Lot: Block:
Property is located within Benefit Area# of /Section a--7 T 1 N, R � f W
Total Square Footage: 21-7D Use: C�Cann )exf 9n I hi e-rCI
Classification: A 1( (.. (U,1—�`I` re, I I ( n'ne-(cllc I /� �7 /
Sq. Footage O4 �)=1000= % 2� x Fee ZV` .ov =$ J� ! `-e5
Classification:
Sq. Footage =1000= _
x Fee
_$ _
Total Fee assessed: $ /9 i r uc core 1 O 1 to io (t
0.
p o £J l
**The assessed fee is based on the information provided by the applicant on the use of the
building.
For office use only:
1 s` letter from applicant received: Sent to Public Works:
Decision of PW: Fee Change (if any)
10 day to Appeal to BOCC: Appeal by applicant:
Sent to PW for appeal process: BOCC hearing:
Outcome:
WF`PC
COLORADO
May 27, 2009
Becky Meyring
Spicer Ranches and Arena
37440 County Road 43
Eaton, Colorado 80615
Subject: Field Investigation, USR-1633
Dear Ms. Meyring:
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 Departments of Public Works and Planning Services visited this property on the morning of Tuesday
May 19, 2009 for the purposes of determining if the proposed site improvements were constructed as the
approved plans. Our findings are as follows:
Culvert, Drainage Swale and Detention Pond
Visual inspection of the property determined that the drainage detention pond was not constructed as
designed. Further, the side slopes, top of bank and associated disturbed areas have not been drilled or
stabilized with the Pawnee seed mix as proposed. The proposed concrete rubble rip -rap was not hand
placed on site per the approved change order. The concrete rubble appeared to have been placed by
front end loader and is not compacted, thereby not meeting the design intent of he approved plans. Staff
will perform a follow-up inspection for these items. Cast -in -place concrete for the weir structure, including
the metal top grates, riprap of concrete rubble and grading of the detention pond require rework, the
County will require collateral to be posted for these line items and also require collateral to be posted for
the stabilization of all areas disturbed by the construction, including the drainage swale, side slopes and
edge conditions.
Parking Areas
The parking area has had several courses of Class 6 road base placed in areas associated with vehicular
and trailer parking. Visual inspection of the property determined that approximately forty -percent of the
site has material placed in situ. Additional material is to be placed and graded on site in all areas where
vehicular circulation and parking will occur. Staff will perform a follow-up inspection for this item.
On -Site Signs
The "No Overnight Parking — WARNING Parking Lot May Flood" signs have not been installed and
currently lay on the ground near the building. These signs shall be permanently installed in the
appropriate areas on site, one near the access bridge and the second within the south parking area. The
north parking area will not be posted. The "Trailer Parking" directional signs (2 present on site) and are
mobile as the post is in concrete inside of a vehicle tire. This is acceptable. All signs will be in -situ and
posted prior to release of collateral associated with this project.
Building Ingress, Egress and ADA Standards
There are several man doors present for this arena facility. Each has a door swing that swings away from
the building thereby meeting the intent of emergency egress in case of internal emergency. The concrete
36" x 36" (3 feet by 3 feet) pad outside of the door does not meet the intent of the Americans with
Disabilities Act as the pad is not of the correct size, the slope of the pad may be greater than allowable,
and, there are no hand rails, no taper and no accessible ramp in place that would allow non -ambulatory or
restricted ambulatory persons from effectively exiting the structure and moving away from the building.
The area, per the ADA Standards has not been paved and is at a greater slope than is allowable. The
property owner will be required to place stop blocks at each space to protect the building for intrusion by
vehicle. The utilization of Class 6 road base in this location is not acceptable. This issue shall be resolved
immediately given that the property owner continues to hold events in this facility. The Department of
Planning Services requests that the property owner, their architect or their engineer contact this office
immediately to determine the applicable approach for resolution of this issue.
Landscape Treatment, Islands, Seeding, Fencing, Temporary Lighting
As previously stated the side slopes and bottom of the drainage swale do not appear to be seeded or
crimped. The landscape islands, consisting of double rows of wood timbers are not in place.
Given the significant progress to the new improvements required of the applicant, this office will require
the submittal of a signed improvements agreement and the submittal of collateral.
Road Impact Fee
Public Works in a Memorandum dated January 12, 2009 to Thomas Honn, Planning Director, recommends
that USR-1633 Spicer Ranch Arena be assessed $509.00 per 1000 square feet, a total of $33,517.00. A fee
payer affected by the administrative decision of the Director on an Independent Fee Calculation Study may
appeal such decision to the Board of County Commissioners, by filing with the Director within ten (10) days of
the date of the written decision a written notice stating and specifying briefly the grounds of the appeal. There
has been no written evidence of an appeal of this decision, therefore the fee remains outstanding. This is a
separate fee that requires payment prior to recording the USR-1633 plat.
It is the intention of both County departments to work with you and your consultants to rectify these issues
in a timely and orderly manner. It is also our intention to allow the continued operation of the facility, with
the compliance issues identified here corrected and/ or resolved to a mutual agreed understanding.
Should you have questions or concerns, please contact Don Dunker with Public Works at 970.356.4000
extension 3750 or myself, Kim Ogle, Department of Planning Services at 970.353.6100 extension 3549.
Thank you.
Sincerely,
Kim Ogl
Planning Services
Enclosures, Old Format Improvements Agreement and Check
pc: S. Arries, Attorney's Office
D. Dunker, Public Works
R. Hastings, Public Works
T. Honn, Planning Services
A. Siron, Compliance
L. Dodge, Building
File: USR-1633
MEMORANDUM
COLORADO
TO: Thomas Honn, Planning Director
DATE: 1/12/2009
FROM: Janet Carter, Don Dunker Public Works
SUBJECT: Spicer Ranch USR-1633 —
Road Impact Fees
Public Works received the December 24, 2008 letter from Casseday Creative Designs,
representative for Spicer Ranch, requesting that the road impact fee for the Spicer Ranch facility
be re-evaluated. That letter included the proposed traffic volumes for the Spicer Arena. Since the
applicant has not submitted a traffic study for the project, we have evaluated the proposed traffic
volumes and compared trip generation values for equivalent land uses in the Institute of
Transportation Engineers (ITE) Trip Generation manual. We also considered the consistency of
the request with current Weld County Code as contained in Table 20.1 Section 20-1-220.
The Spicer Ranch arena building is 65,850 square feet in size (1.5 acres). The applicant proposes
holding special events in the arena with many participants in addition to hosting daily visits with
relatively few participants. Participants will bring livestock in trailers towed behind pickups,
some coming from as far as Wyoming and Morgan County. Equestrian arenas are not specified
in County Code and are not addressed in the ITE manual. Due to the large size of the facility and
proposed events on weekends, the land uses that would be similar to the arena would be a church
or commercial entertainment venue such as a theater. The arena can also be evaluated as a light
industrial use and agricultural -commercial use.
Current Weld County Code would assess a road impact fee of $1,126 per 1000 sq ft based on the
church land use or $509 per 1000 sq ft based on the general light industrial (agricultural
commercial) land use. A theater would be assessed a road impact fee of $4,524 per 1000 square
feet of building. The current Weld County Road impact fee schedule, which is based off of the
ITE manual, is comparable with neighboring counties and other rural counties in Colorado. The
following is a list of other Colorado counties road impact fee schedules:
Larimer County
Church
General Light Industrial
Jefferson County
Church
General Light Industrial
Montrose County
Church
General Light Industrial
$2,397 per 1,000 sq ft
$2,247 per 1,000 sq ft
$2,430 per 1,000 sq ft
$2,060 per 1,000 sq ft
$3,310 per 1,000 sq ft
$1,800 per 1,000 sq ft
Mesa County
Church
General Light Industrial
$1,258 per 1,000 sq ft
$849 per 1,000 sq ft
Public Works recommends that USR-1633 Spicer Ranch Arena be assessed $509.00 per 1000
square feet, a total of $33,517.00.
Independent Fee Calculation
Public Works understands that the applicant would like to appeal the above fee. The applicant is
requested submit a Transportation Impact Study prepared, stamped, signed, and dated by a
Professional Engineer licensed in the State of Colorado to be utilized by Public Works in
conducting an Independent Fee Calculation. The traffic study shall include but not be limited to a
trip generation model, current traffic counts on area roads, identification of travel routes to and
from the facility, origin/destination of facility users, vehicle miles traveled, dates and hours of
proposed operation, numbers of events, types of vehicles, description of facility traffic growth
plans. The fees contained in Table 20.1, Section 20-1-220 of the Weld County Code were
developed in 2004; however, the Independent Fee Calculation will utilize current costs and ITE
guidance. Therefore, it is unlikely that the independent fee calculation would vary greatly from
the existing road impact fee schedule and could in fact stipulate a larger fee due to costs of
construction that have increased since the creation of the current road impact fee schedule.
Appeal of Road Impact Fee
Weld County Code allows an applicant to appeal the road impact fee as described in the Code
Section 20-1-340 which states the following:
A. A fee payer affected by the administrative decision of the Director on an Independent Fee
Calculation Study may appeal such decision to the Board of County Commissioners, by filing
with the Director within ten (10) days of the date of the written decision a written notice stating
and specifying briefly the grounds of the appeal.
B. The Board of County Commissioners, after hearing, shall have the power to affirm or reverse
the decision of the Director. In making its decision, the Board of County Commissioners shall
make written findings of fact and conclusions of law, and apply the standards in Section 20-1-330
above. If the Board of County Commissioners reverses the decision of the Director, it shall
instruct the Director to recalculate the fee in accordance with its findings. In no case shall the
Board of County Commissioners have the authority to negotiate the amount of the fee or waive
the fee. The decision of the Board of County Commissioners shall be final and not subject to
further administrative appeal. (Weld County Code Ordinance 2002-11).
UEC-24-20U8 WED U3: 4 111 WELD UUUNIY rLHNNINU
hMx NU. ylu Ju4 b4d0 r. UI
Casseday Creative Designs, LLC
55 South Elm Avenue, Suite 210
Eaton, CO 80615
PATE:
PROJECT:
ISSUED To:
RE:
DECEMBER 24, 2008
SPIDER RANCH LJ5R,
07-08-1 24
WELD COUNTY DEPARTMI
ATTN: THOMAS E. HONN
SPICER RANCH INTENOEL
THE ROAD IMPACT FEE A
To WHOM IT MAY CONCERN:
THE INTENDED USE OF SPIDER ARENA WILL SE TO HOST VARIOUS EQUESTRIAN
ACTIVITIES THROUGHTDUT THE YEAR. THESE EVENTS WILL INCLUDE, BUT ARE Not
LIMITED TO THE FOLLOWING: TEAM ROPING, BARREL RACING, CUTTING, EDUCATIONAL
CLINICS, AND OPEN RIDING FOR THE GENERAL pU LIC. ANTIDIPAYED TRAILER TRAFFIC
WOULD LOOK SIMILAR TO THE CHART BELOW.
TEAM ROPING
CUTTING
BARREL RACE
EQUES. CLINICS
OPEN RIDING
25
20
20
40
1C
15
50❑
B❑
1000
1 0
375
4
25
10
25
TOTALS
Q5
21 (AVERAGE)
2055
MOST IF NOT ALL OF THESE EVENTS WILL HAVE VERY LITTLE IF ANY SPECTATORS.
MOST OF THE SPECTATORS WILL TRAVEL TO ANO FROM THE ARENA IN THE SAME
VEHICLE AS THE PARTICIPANTS.
Casseday Creative Designs, LLC
A rcl,i teetitre — i4,i, sting -- Environmental Compliance •-Grnl rn ie IJ. a,qn
(07(1) 454-8740 (970) 454-8742 fax
whfl!rc.:u::::n,IgvCrodiew P,:ach ,,r..,,, - 1OO11,C.,�e. f,n Cr,a u,mhn::ign..rum
UCG-C4-0000 icy ui.34 rll WGLV UVUnI I rut -mink;
rnn PIU, CIU JU4 U4CU
i VC
THE
ADDMAXIMUM
IIHOCCUPANTS
ADDITIONAL 1 00 OCCUPANTS FOR THE FUTURE OUTDDOR ARENA. WITH
MAKING AN
MAXIMUN TOTAL OF 250 OCCUPANTS.
HOWEVER. ON ANY GIVEN EVENT THE AVERAGE OCCUPANCY WILL SE BETWEEN 50-100
OCCUPANTS.
THE ARENA IS GB,BSO SQUARE FEET, BUT OF THIS SQUARE FOOTAGE 45,000 S.F. Is
FOR THE USE OF THE EQUESTRIAN ACTIVITIES, OF' WHICH THERE WILL ONLY BE 2-1 ❑
OCCUPANTS AT ANY GIVEN TIME, THE REST OF THE OCCUPANTS WILL BE LOCATED IN
THE REMAINING 20,850 SF.
BASED ON THE SQUARE FOOTAGE OF THE BUILDING AND THE OCCUPANCY NUMBERS
THE TYPICAL EQUATIONS THAT THE COUNTY USES TO ASSESS THE ROAD IMPACT FEE A
COMMERCIAL PROPERTY ARE IMPRECISE, FOR H
THE ROAD IMPACT FEE FOR THIS PROPERTY BE RE-EVALUATED TO ADEQUATELY TAKE
T
INTO CONSIDERATION THE UNIQUE ASPECTS DF THE SPIDER RANCH USR.
SINCERELY,
JACOB AUGENSTEIN
Casseclay Creative Designs, LLC
A rchitectn re Planning — Environmental Ccant+linnee— Graphic 1.)evl lI
(070) 454-Ii74U •- (970) 454:-8742 frS
na
rnmi): wt+vi.,.,inycrenl I n,•. P.•.ignn..• — r,nprn,Cnrxv I„ ic. vrnlix,.•UrI I,Qn s. c.vu
C 4 ,,iM 4-A)
SPICER ARENA
Transportation Road Impact Fee
do AGPROfessionals, LLC
4350 Highway 66, Longmont CO
80504
1
2
*Veekend
rYlfa.loday
Average r
Av.rane_
Averse.I
Events/Year
EvantslYeaar
Rides
gleams
(fags
Trader•Areal
EYso1
Team Roping Practice
0
20
30
30
800
Team Roping Weekend Jackpot
8
150
500
75
450
Team Roping Weeknight Jackpot
20
45
150
30
600
Barrel Race Weeknights
0
26
40
30
780
Barrel Race Weeitends
12
100
50
600
Cutting Horse Practice
4
50
15
60
Cutting Horse Event
8
40
25
150
Open Ride Nights
26
20
20
520
Total
24
96
3780
Team
Max Event Roping
4
Vehicles pet hots
18
Trip Generation Rate
(PM Peak Hour)
0.2
VPM or vehicle every 5 run
9
AVG (tarty traffic per year
0.4
AVG hourly traffic per year
.., pt Hour Trips per Um:
: AD square feet)
INSTITUTE OF TRANSPORTATION ENGINEERS
TRIP GENERATION RATE (PM Peak Hour)
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3
Section 20-1-220. B.
If the fee is not specified in the fee
schedule, the Director shall determine the
fee on the basis of the fee applicable to
the most nearly comparable type of land
use on the fee schedule.
1. The County has a fee schedule
2. Sec. 20-1-220. B. The Director shall
determine the fee on the basis of the fee
applicable to the most nearly comparable type
of land use on the fee schedule.
3. County Staff said "Precedence" existed for
an Arena- pone presented.
4. Comparables presented all show
mis-application or adjustment of fees or
classifications
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DEDARfMEMT OF PLUMING fERWICE
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Precedent Missing
• USR #1540 — for a Roping/Rodeo Arena
and a public and quasi -public building,
including a church — Church Barn, LLC.
June 2006.
• USR # 1393 — for a Commercial Roping
Arena (indoor/outdoor) — Beau Rappel.
September 2004.
6
Sec. 20-1-30. Definitions
Agricultural Commercial means, for the purposes of this
chapter, any nonresidential commercial development not
permitted by right in the A (Agricultural) Zone District
described in Chapter 23 of this Code , having lass than
two thousand five hundred (2,500) square feet of total
floor space per lot.
tier
Spicer Arena
Transportation
Road Impact Fee
Assessment
$33,517.65
S
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budding
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7
Road Impact Fee Assessment
Classification- Agricultural Commercial
Square footage=1600/1000sf=1.6 x fee $509.00=$ 814.40
Square footage=2500/1000sf=2.5 x fee $509.00=$1,272.50
Square footage=3200/1000sf=3.2 x fee $509.00457212-46
l,lo2-b
Findings of Fact
• Structure pre -dates fee, use not changed
• Equine arenas are not in the code
• Equine arenas are not in the ITE
• Church/Theatre/Arena not applicable
• Public Works determination not applicable
• No precedent provided by county
• Info provided as precedent inconsistent
• No fee for prime examples
• Fees Based on "Ag Commercial" portion only
most applicable and consistent.
8
Conclusion
• Findings of Fact / Conclusions of Law
• Reverse Decision of Director
• Instruct Recalculation in accordance with
findings
• "Ag Commercial" limited to 3,200 s.f.
9
4
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
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:
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
663)14 i Catty 3
$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
Everwrkissiostsr-Rademachett •
M. Daniels -Mika, Administration
J. Carter, Public Works
W. Inloes, Planning
USR-1633
BCR08-01098
E
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