HomeMy WebLinkAbout20063095 BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Michael Miller, with the amended language to Section 20-1-210.E, 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:
PLANNER: Monica Mika/Wendi Inloes
PROPOSAL: Changes to Weld County Code Chapter 20, Road Impact Fees.
be recommended favorably to the Board of County Commissioners for the following reasons:
See attached documents
Motion seconded by Chad Auer
VOTE:
For Passage Against Passage Absent
Michael Miller
Bruce Fitzgerald
Chad Auer
Tom Holton
Doug Ochsner
James Welch
Erich Ehrlich
Roy Spitzer
Paul Branham
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,Voneen Macklin, 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 June 6, 2006.
Dated the 6th of June, 2006.
Voneen Macklin
Secretary
2006-3095
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, June 6, 2006
A regular meeting of the Weld County Planning Commission was held Tuesday 2006, in the Weld County
Department of Planning Services, Hearing Room,918 101h Street,Greeley,Colorado. The meeting was called
to order by Chair, Bruce Fitzgerald, at 1:30 p.m.
ROLL CALL
Michael Miller
Erich Ehrlich
Roy Spitzer
James Welch Absent
Bruce Fitzgerald
Chad Auer
Doug Ochsner
Tom Holton
Paul Branham
Also Present: Brad Mueller, Wendi Inloes, Kim Ogle, Monica Mika, Don Carroll
The summary of the last regular meeting of the Weld County Planning Commission held on May 16, 2006,
was approved with one correction.
PLANNER: Monica Mika/Wendi Inloes
PROPOSAL: Changes to Weld County Code Chapter 20, Road Impact Fees.
Bruce Barker provided clarifications on the proposed language. The language is an attempt to try and
work out a fair situation for replacing existing dwelling units that have been occupied for at least six
months. The new language is intending to replace existing dwelling for which the applicant/owner can
provide adequate documentation that the dwelling has been occupied continuously for an immediate
previous six months will not require the payment of a road impact fee. Staff has found that there are some
applicants who are looking at replacing the existing unit or purchase one that they believe they can move
into. Staff determined it was not fair to be charging the fee when there was just a replacement. The
provided language does what staff had intended: "The replacement of an existing dwelling for which the
applicant/owner can provide adequate documentation that the dwelling has been occupied continuously
for the immediate previous six(6) months will not require the payment of a road impact fee."
Paul Branham indicated the language is acceptable and moved to have Section E on page 5 be amended
to reflect the proposed language. Michael Miller seconded. Motion carried.
Paul Branham indicated his concern with duplicate paragraph regarding the rate of inflation specific to the
April date and should there be a specific date. on page 4 on the bottom that is highlighted. Mr. Barker
stated it should have been April 1. Mr. Branham continued by asking if there were any conflicts with
mentioning the dates. Mr. Barker stated no since it applies the increase and after this the inflation factor
will be reviewed on April 1 of each year. The later part will apply at the next April 1 date of 2007. Mr.
Branham added he does not see where it gives a specific date to look at the rate of inflation. Mr. Barker
stated the CPI index as of April 1 will be utilized and that rate will be used. Mr. Barker stated the
information is included in the language. Mr. Barker indicated that at the end of the second sentence it
could be added or its successor index on April 1 of every year
Michael Miller asked if the Consumer Price Index(CPI) is not issued in March of every year. Mr. Barker
indicated that this was the reason for utilizing the April 1 date.
Paul Branham moved to amend the bottom of page 4 and to top of page 5 in the highlighted text. The first
sentence adds as of April 1 of each year. As well as in the last sentence. Tom Holton seconded.
Michael Miller stated he does not know if this is appropriate since the Federal Government issues the
inflation number in March and that should be the number used not what is stated on specifically April 1.
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The numbers could be different. Mr. Barker stated the CPI index is updated in March and whatever it is it
will be that number. It may not be necessary to add that April 1 date. The mechanics is in there to utilize
the rate provided in the CPI. Mr. Barker added either way would work.
Paul Branham added that if there was ever a time in which there was an increase the rate would stay the
same.
Motion carried for the previously stated motion.
Michael Miller moved to approve the amendment to Chapter 20 as amended. Chad Auer seconded.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Roy
Spitzer, yes; Erich Ehrlich, yes; Michael Miller, yes; Chad Auer, yes; Tom Holton, yes, Doug Ochsner, yes;
Bruce Fitzgerald, yes; Paul Branham, yes. Motion carried unanimously.
CASE NUMBER: MF-1081
APPLICANT: Walter Huang
PLANNER: Brad Mueller
LEGAL DESCRIPTION: N2NW4 of Section 16, T8N, R66W of the 6th P.M., Weld County,
Colorado.
REQUEST: Final Plat for nine (9) residential lots in the (E) Estate Zone District.
LOCATION: East of and adjacent to CR 29, south of and adjacent to vacated CR 94.
Brad Mueller, Department of Planning Services presented Case MF-1081, reading the recommendation
and comments into the record. The Department of Planning Services is recommending approval of the
application along with the Conditions of Approval and Development Standards. There will be two items for
discussion; one will be the naming of the internal roadway,y as well as the maintenance of the road and
ownership of it.
Tom Hann, representative for the applicant, provided additional clarification on the proposal. In the
previous hearing there were two adjacent property owners who expressed concern with the flood plain
issues. The plat has been redone, putting the floodplain into an open space outlot, and the issues have
been addressed. There is also an additional 100 foot setback from the north property line to further
address the concerns from those neighbors. In the north portion of this subdivision there is a neighbor
whose driveway runs on this property. The applicant has provided an easement for that driveway to come
off of CR 29 and into their property. They have the right to continue to use that easement so there will be
no need for new driveway. The Shellers have expressed an interest in a lease for dry land farming on the
open outlot to the east. The internal roadway will be paved and the maintenance is being supported by
the county. It was the applicants understanding that they were moving forward with this. The applicant
has not provided anything in draft covenants for the homeowner's maintenance of the road. The Fire
Protection District requested the internal road be on the grid system of the county. The post office will use
individual mail boxes and the school district will use the cul-de-sac for the turn around. Prior to Board of
County Commissioners Mr. Hann agrees to get the written responses from those agencies addressing
those issues if needed. The other conditions are standard and agreeable.
Michael Miller asked if CR 29 is gravel. Mr. Hann stated it was approximately 1 % mile from CR 90 to the
south.
The Chair asked if there was anyone in the audience who wished to speak for or against this application. No
one wished to speak.
Peter Schei, Public Works,stated that typically when the internal roadway is paved the county is willing of own
and maintain it. This is a different case due to the fact the applicant is willing to pave and not wanting a waiver
from paving. The language in the code is typical of the minor subdivisions and that is a requirement of paving.
It is reasonable that the county take maintenance of the interior roadway, as long as it is built to county
standards. County roads names are never incorporated into a subdivision; a specific named road is needed.
Mr. Fitzgerald asked if this was written into the standards. Mr. Schei stated there is a Conditions of Approval
to rename the roadway and the applicant can address this with the fire department. If Public Works needs to
be involved they can do this also.
Bruce Fitzgerald added that there were not many subdivisions in area that would affect that particular Fire
Protection District. Mr. Mueller stated that the naming of the road should be one of precedence and
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CHAPTER 20
Road Impact Fees
Article I Road Impact Fees
Division I Findings
Sec. 20-1-10 Service Area
Sec. 20-1-20 Roadway Improvement Plan and Road Impact Fee Study
Sec. 20-1-30 Road Capital Improvement Plan
Sec. 20-140 Revenue and fees
Sec. 20-1-50 Policy implementation
Sec. 20-1-60 No requirement to provide any site specific dedication or improvement
Division 2 General Provisions
Sec. 20-1-100 Short title,authority and application
Sec. 20-1-110 Intent and purpose
Sec. 20-1-120 Level of service standard
Sec. 20-1-130 Definitions
Division 3 Imposition of Fee
Sec. 20-1-200 Time of fee obligation and payment
Sec. 20-1-210 Exemptions
Sec. 20-1-220 Establishment of fee schedule
Sec. 20-1-230 Pre-development review impact fee calculation
Division 4 Independent Fee Calculation Study
Sec. 20-1-300 General
Sec. 20-1-310 Formula
Sec. 20-1-320 Procedure
Sec. 20-1-330 Standards
Sec. 20-1-340 Appeal of decision
Division 5 Credits
Sec. 20-1400 General standards
Sec. 20-1-410 Credit against fees
Sec. 20-1420 Procedure for credit review
Sec. 20-1430 Appeal of credit decision
Division 6 Benefit Areas
Sec. 20-1-500 Establishment and management
Sec. 20-1-510 Fund regulations
Sec. 20-1-520 Limitations on expenditures
Sec. 20-1-530 Annual recommendation for fee expenditure
Division 7 Fee Refunds and Plan Review
Sec. 20-1-600 Refund of fees
Sec. 20-1-610 Procedure for refund of fees not spent
Sec. 20-1-620 Appeal of refund decision
Sec. 20-1-630 Review of Plan
Appendix
Appendix 20-A Service Area Road System
Appendix 20-B Service Area Road Capital Improvements Plan
Appendix 20-C Service Area Benefit Areas
ARTICLE I
Road Impact Fees
Div. 1. Findings
Sec. 20-1-10. Service Area.
For the purpose of this Chapter, "Service Area"is defined as all properties located in the unincorporated areas of
Weld County, Colorado. (Weld County Code Ordinance 2002-11)
Sec. 20-1-20. Roadway Improvement Plan and Road Impact Fee Study.
A. Preparation of Plan and Study. The County has prepared a Roadway Improvement Plan and Road Impact
Fee Study for the service area. dated June 2001 and November 8,2002 by Duncan&Associates.
B. New growth and development. The Roadway Improvement Plan and Road Impact Fee Study project that
there will be a significant amount of new growth and development in the service area over the next twenty (20)
years.
C. Need for capacity expansion. The Roadway Improvement Plan and Road Impact Fee Study have
determined that the projected new growth and development in the service area will require a substantial expansion
in road capital facilities if an adequate level of service is to be maintained. (Weld County Code Ordinance 2002-
11)
Sec. 20-1-30. Road Capital Improvement Plan.
The Roadway Improvement Plan and Road Impact Fee Study have identified the improvements required to
maintain an adequate level of service on the Service Area Road System. The list of these improvements for the
service area along with descriptions and cost estimates is referred to as the service area Road Capital Improvement
Plan (hereinafter referred to as "Road CIP"), which is contained in Appendix 20-B to this Chapter. (Weld County
Code Ordinance 2002-11)
Sec. 20-1-40. Revenue and fees.
A. Additional revenue needed. The Road Impact Fee Study demonstrates that the existing revenue generated
by the projected new growth and development in the service area will not be adequate to fund the needed road
capital improvements necessary to accommodate the projected new growth and development in this area if the
desired level of service on the Service Area Road System is to be maintained.
B. Proportionate share policy. In order to address this problem, the County has determined that new land
development activity in the service area shall bear a proportionate share of the cost of the provision of new road
capital improvements required by such development.
C. Road impact fee method. The County has determined that the imposition of a road impact fee in the service
area is one (1) of the preferred methods of regulating land development 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 Service Area Road System and
promoting and protecting the public health, safety and welfare.
D. Authority. The County has the authority to adopt a road impact fee for the service area, pursuant to the
Colorado Constitution and Section 29-20-104.5, C.R.S. For the purpose of this Article, collection of the road
impact fee imposed herein shall occur at the time of issuance of building permits, as allowed pursuant to Section
29-20-104.5(6),C.R.S. (Weld County Code Ordinance 2002-11)
Sec. 20-1-50. Policy implementation.
A. Coordinated provision of services. In order to implement this policy, the County has adopted the ordinance
codified herein establishing the Service Area Roadway Improvement Plan, Road CEP, Road Impact Fee Study and
road impact fee.
B. Assist in Comprehensive Plan implementation. The Roadway Improvement Plan, Road CIP and road
impact fees within the service area assist in tentation and are consistent with the Weld County Comprehensive Plan
found in Chapter 22 of this Code. (Weld County Code Ordinance 2002-11)
Sec. 20-1-60. No requirement to provide any site specific dedication or improvement.
No individual landowner within the service area is required to provide any site specific dedication or
improvement to meet the same need for capital facilities for which the road impact fee is imposed pursuant to the
terms of this Chapter. (Weld County Code Ordinance 2002-11)
Div. 2. General Provisions
Sec. 20-1-100. Short title, authority and application.
A. Title. This Chapter shall be known and may be cited as the"Weld County Road Impact Fee Ordinance."
B. Authority. The Board of County Commissioners has the authority to adopt the ordinance codified herein
pursuant to the Colorado Constitution and Section 29-20-104.5, C.R.S. For the purpose of this Chapter, collection
of the road impact fee imposed herein shall occur at the time of issuance of building permits, as allowed pursuant to
Section 29-20-104.5(6), C.R.S.
C. Application. This Chapter shall apply to all lands within the unincorporated portion of the County. (Weld
County Code Ordinance 2002-11)
Sec. 20-1-110. Intent and purpose.
A. Intent. This Chapter is intended to implement and be consistent with the Roadway Improvement Plan, Road
CIP and Road Impact Fee Study, and the Weld County Comprehensive Plan found in Chapter 22 of this Code.
B. Purpose. The above-stated intent is accomplished in this Chapter by the establishment of a system for the
imposition of road impact fees within the service area to assure that new development contributes its proportionate
share of the cost of providing, and benefits from the provision of, the road capital improvements identified as
needed to be built in the Road CIP of the service area. (Weld County Code Ordinance 2002-11)
Sec. 20-1-120. Level of service standard.
The County has determined that the Service Area Road System shall operate at a level of such that the system-
wide ratio of capacity to demand is equal to or greater than one-to-one. (Weld County Code Ordinance 2002-11)
Sec. 20-1-130. Definitions.
Certain words or phrases unique to this Chapter shall be construed as herein set out unless it is apparent from the
context that they have a different meaning.
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 less than two thousand five hundred(2,500)square feet of total floor space per lot.
Building permit means a building permit issued in accordance with Chapter 29 of this Code before any
building or construction activity can be initiated on a parcel of land.
Capacity means the maximum number of vehicles that have a reasonable expectation of passing over a given
section of a road during an average weekday at the desired level of service, expressed in terms of vehicles per
day.
Commercial means a business use or activity at a scale greater than home industry involving retail or
wholesale marketing of goods and services. (refer to Section 20-1-220.B.I.)
Dairy means an area of land on which cows are kept for the purpose of producing dairy products in
commercial quantities,as well as the related buildings,equipment,and processes.
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Director means the Director of the Department of Planning Services. The Director shall be responsible for
administering independent fee calculation studies, credits and refunds for the Road Impact Fee Program
Existing Traffic-Generating Development means the most intense use of land within the twelve(12) months
prior to the time of commencement of traffic-generating development.
Expansion of the capacity of a road includes any widening, intersection improvement, signalization or other
capital improvement designed to increase the existing road's capacity to carry vehicles.
Fee payer means a person commencing traffic-generating development who is obligated to pay a road impact
fee in accordance with the terms of this Chapter.
Heavy manufacturing means facilities that manufacture large items and usually have a high number of
employees.
Kennels means any place other than a pet shop or veterinary clinic or hospital, where five (5) or more
household pets of one(1)species, or a total of eight(8)or more household pets of two(2) or more species, are
kept or maintained. Property that is zoned A (Agricultural) and not part of a platted subdivision or
unincorporated town and which is larger than ten(10) acres shall be pamitted to keep or maintain the following
without being considered a kennel:eight(8)household pets of one(1)species,or sixteen(16)household pets of
two(2) or more species and, in addition, no more than thirty(30)birds, as long as the landowner or occupant
holds a current Common Bird Breeder license issued by the Colorado Department of Agriculture Animal
Industry Division and is in good standing with such Division
Level of Scrvice means the system wide ratio of vehicle miles of capacity to vehicle miles of travel on the
Service Area Road System.
Light Manufacturing means facilities that have an emphasis on activities other than the conversion of raw
materials into finished products, have minimal office space, and typically employ fewer than 500 persons.
Examples include printing,material testing,and assembly of data processing equipment.
Non-Site-Related Improvement means road capital improvements and right-of-way dedications for roads that
are in the Road CIP that are not site-related improvements.
Person means an individual, corporation, governmental agency or body, business trust, estate, trust,
partnership, association, two(2) or more persons having a joint or common interest, or any other entity.
Road Capital Improvement includes the transportation planning,preliminary engineering, engineering design
studies,land surveys, alignment studies, right-of-way acquisition, engineering,permitting and construction of all
necessary features for any road on the Road CIP, undertaken to accommodate additional traffic resulting from
new traffic-generating development, including but not limited to the following:
a. Construction of new through lanes;
b. Construction of new bridges;
c. Construction of new drainage facilities in conjunction with new road construction;
d. Purchase and installation of traffic signals, including new and upgraded signalization;
e. Construction of curbs, gutters,sidewalks, medians and shoulders;
f. Relocating utilities to accommodate new road construction;
g. The construction and reconstruction of intersections;
h. The widening of existing roads;
i. Bus turnouts;
j. Acceleration and deceleration lanes;
k. interchanges; and
1. Traffic control devices.
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Road Impact Fee Study means the County-wide Road Impact Fee Study prepared by Duncan and Associates
on November 8,2002, or a subsequent similar study.
Service Area Road System means all major roads, excluding state or federal highways, identified by the
Roadway Improvement Plan in the service area. The Service Area Road System is identified in Appendix 20-A
to this Chapter.
Site-Related improvement means those road capital improvements and right-of-way dedications that provide
direct access to the development. Direct access improvements include,but are not limited to, the following:
a. Driveways and streets leading to and from the development;
b. Right-and left-turn lanes leading to those driveways and streets;
c. Traffic control measures for those driveways; and
d. Internal streets.
Credit is not provided for site-related improvements under the terms of this Chapter.
Traffic-Generating Development is land development designed or intended to permit a use of the land that
will contain or convert to more dwelling units or floor space than the most intensive use of the land within the
twelve(12) months prior to the commencement of traffic-generating development in a manner that increases the
generation of vehicular traffic.
Traffic-Generating Development, Commencement of occurs upon the issuance of a building permit, after the
effective date of this Weld County Road Impact Fee Ordinance.
Trip means a one-way movement of vehicular travel from an origin (one [1] trip end) to a destination (the
other trip end).
Trip Generation means the attraction or production of trips caused by a certain type of land development.
Vehicle-Miles of Travel (VMT) means the combination of the number of vehicles traveling during a given
time period and the distance(in miles)that they travel. (Weld County Code Ordinance 2002-11)
Div. 3. Imposition of Fee
Sec. 20-1-200. Time of fee obligation and payment.
A. After the effective date of the ordinance codified herein, any person or government body who causes the
commencement of traffic-generating development within unincorporated Weld County (within the boundaries of
the service area) shall be obligated to pay a road impact fee,pursuant to the terms of this Chapter. 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. If any credits are due pursuant to Division 5 of this Article, they shall also be determined prior to
recording the final plat. at-that-time. 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. If the fee is imposed for a
traffic-generating development that increases traffic impact because of a change in use, the fee shall be determined
by computing the difference in the fee schedule between the new traffic-generating development and the existing
traffic-generating development. The obligation to pay the impact fee shall run with the land, and be assessed at the
time of building permit issuance.
B. Any person who, prior to the effective date of this Weld County Road Impact Fee Ordinance and, as a
condition of development approval, agreed to pay a road impact fee, shall be responsible for the payment of the fee
under the terms of any such agreement. The payment of such fee by the developer will be offset against any impact
fees due pursuant to the terms of this Chapter. (Weld County Code Ordinance 2002-11Beginning on (Date of
enactment),the County shall annually increase each fee amount in this ordinance to by the rate of inflation. Rate of
inflation shall mean the percentage change in the United States Bureau of Labor Statistics Consumer Price Index
for Denver-Boulder, all items, all urban consumers, or its successor index. Fee changes resulting from inflation
shall automatically take effect April of each year.
d
Sec. 20-1-210. Exemptions.
The following shall be exempt from the terms of this Chapter. An exemption must be claimed by the fee payer at
the time of application for a building permit.
A. Alterations or expansion of an existing building where no additional dwelling units are created, the use is
not changed and no additional vehicular trips will be produced over and above that produced by the existing use.
B. The construction of accessory buildings or structures which will not produce additional vehicular trips
over and above that produced by the principal building or use of the land.
C. The replacement of a destroyed or partially destroyed building or structure with a new building or
structure of the same size and use, provided that no additional trips will be produced over and above that
produced by the original use of the land.
D. Any development for which a completed application for a building permit was submitted prior to the
effective date of this Weld County Road Impact Fee Ordinance, provided that the construction proceeds
according to the provisions of the permit and the permit does not expire prior to the completion of the
construction. (Weld County Code Ordinance 2002-11)
E. Any development upon property which has not been used for the immediately previous six (6) months
period of time.
Sec. 20-1-220. Establishment of fee schedule.
A. Any person who causes the commencement of traffic-generating development, except those persons
exempted or preparing an independent fee calculation study pursuant to Division 4 hereof, shall pay a road impact
fee in accordance with the fee schedule contained in Table 20.1 below. The descriptions of the land use codes in
the most current edition of the report titled Trip Generation, prepared by the Institute of Transportation Engineers
(ITE), shall be used to detunune the appropriate land use type.
Beginning on (Date of enactment), the County shall annually increase each fee amount in this ordinance to by
the rate of inflation. Rate of inflation shall mean the percentage change in the United States Bureau of Labor
Statistics Consumer Price Index for Denver-Boulder, all items, all urban consumers, or its succ sor index. Fee
changes resulting from inflation shall automatically take effect April of each year.
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Table 201
Road Impact Fee Schedule
Land Use Type Unit Fee
Single-Family Detached Dwelling $1,987
Multi-Family Dwelling $1,377
Mobile Home Park Pad $996
Hotel/Motel Room $1,497
Retail/Commercial
Commensal 1000 sq.ft $1,024
Shop Ctr/Gen Retail(0-99,999 sf) 1000 sq. ft. $3,182
Shop Ctr/Gen Retail(100,000-249,999 sf) 1000 sq. ft. $3,059
Shop Ctr/Gen Retail(250,000-499,999 sf) 1000 sq.ft. $2,934
Shop Ctr/Gen Retail(500,000 sf+) 1000 sq. ft. $2,686
Auto Sales 1000 sq.ft. $2,130
Auto Service/Repair/Tire Store 1000 sq.ft. $1,470
Bank 1000 sq.ft. $8,298
Convenience Store 1000 sq.ft. $7,203
Discount Store 1000 sq. ft. $2,722
Furniture Store 1000 sq.ft. $528
Movie Theater 1000 sq.ft. $4,524
Restaurant,Fast Food 1000 sq. ft. $8,172
Restaurant,Sit-Down 1000 sq.ft. $3,963
Office/Institutional
Office,General(0-99,999 sf) 1000 sq.ft. $2,430
Office,General(100,000 sf+) 1000 sq. ft. $2,068
Office,Medical 1000 sq.ft. $5,125
Hospital 1000 sq.ft. $2,380
Nursing Home 1000 sq.ft. $666
Church 1000 sq. ft. $1,126
Day Care Center 1000 sq.ft. $3,133
School 1000 sq. ft. $490
Industrial
Industrial Park 1000 sq. ft. $1,618
Warehouse 1000 sq.ft. $1,149
Mini-Warehouse 1000 sq. ft. $333
Agricultural Commercial 1000 sq. ft. $509
Maadaetming
Light Manufacturing 1000 eq.ft $1,618
Heavy Manufactusing 1000 eq.ft $348
Other
Dog Kennels 1000 eq.ft $333
Dairy Barns 1000eq.ft $509
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B. If the type of traffic-generating development for which a building permit is requested is not specified on the
above 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. The Director shall be guided in the selection of a comparable type
of land use by the following:
1. Using trip generation rates contained in the most current edition of the report titled Trip Generation,
prepared by the Institute of Transportation Engineers (ITE), articles or reports appearing in the ITE Journal, or
studies or reports done by the U.S. Department of Transportation or Colorado Department of Transportation,
and applying the formula set forth in Section 20-1-310.
2. Computing the fee by use of an independent fee calculation study as provided in Division 4 of this
Article. (Weld County Code Ordinance 2002-11)
Sec. 20-1-230. Pre-development review impact fee calculation.
Any person contemplating establishing a traffic-generating development having extra ordinary circumstances or
unusual cueumstances may request a preliminary determination of the impact fees due from such development. A
person requesting a pre-development review impact fee calculation shall complete and submit to the Department of
Public Works Planning Services the proper application form and an application fee. Using the information
regarding the proposed traffic-generating land development activity as submitted on the application, the
Department of Department of Public Works Planning Services will provide, within fifteen(15) days of the date of
submittal of the completed application, a preliminary calculation of the road impact fees due for the proposed
traffic-generating development. The fee for the Pre-development review shall be full cost of the review process.
(Weld County Code Ordinance 2002-11)
Div. 4. Independent Fee Calculation Study
Sec.20-1-300. General.
A. The impact fee may be computed by the use of an Independent Fee Calculation Study at the election of the
fee payer, or upon the request of the Director, for any proposed land development activity interpreted as not one(1)
of those types listed on the fee schedule or as one(1)that is not comparable to any land use on the fee schedule, and
for any proposed land development activity for which the Director concludes the nature, timing or location of the
proposed development makes it likely to generate impacts costing substantially more to mitigate than the amount of
the fee that would be generated by the use of the fee schedule.
B. The preparation of the Independent Fee Calculation Study shall be the sole responsibility and expense of the
fee payer.
C. Any person who requests to perform an Independent Fee Calculation Study shall pay an application fee for
administrative costs associated with the review and decision on such study, the fee for this review is cited in
Chapter 5 Appendix D. (Weld County Code Ordinance 2002-11)
Sec. 20-1-310. Formula.
A. The independent Fee Calculation Study for the road impact fee shall be calculated by the use of the
following formula:
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A. The = VMT x NET COST/VMT
Independent
Fee Calculation
Study for the
road impact fee
shall be
calculated by
the use of the
following
formula:
FEE
VMT = TRIPS x%NEW x LENGTH+2
NET COST/VMT = COST/VMT-CREDIT/VMT
COST/VMT = COST/VMC x VMC/VMT
Where:
VMT = Vehicle-miles of travel placed on
the major road system during an
average weekday
TRIPS = Average daily trip ends
%NEW = Percent of trips that are primary
trips, as opposed to pass-by or
diverted-link trips
LENGTH = Average length of a trip on major
road system
=2 - Avoids double-counting trips for
origin and destination
COSTNMC = Average cost to create a new
vehicle-mile of capacity (VMC)
based on planned improvements in
the Road CEP
VMC/VMT = The system-wide ratio of capacity
to demand in the service area
roadway system
REVENUE = Revenue credit per VMT,based on
percent of cost anticipated to be
paid with other revenues
CREDIT = Revenue credit per VMT,based on
percent of cost anticipated to be
paid with other revenues.
B. The fee calculation shall be based on data, information or assumptions contained in this Article or
independent sources,provided that one(1) of the following applies:
1. The independent source is an accepted standard source of transportation engineering or planning data.
2. 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.
3. The percent new trips factor used in the Independent Fee Calculation Study is based on actual surveys
prepared in the County. (Weld County Code Ordinance 2002-11)
C. If a parcel's use changes without involving the conshuction or remodel of a structure requiring a building
permit, and the change in use impacts the traffic in the neighborhood or transportation service area, a
transportation impact study may be required to ascertain the appropriate transportation impact fee for the parceL
8
Sec. 20-1-320. Procedure.
A. An Independent Fee Calculation Study shall be undertaken through the submission of an application for an
independent fee calculation. A potential fee payer may submit such an application. The Director shall submit such
an application for any proposed land development activity interpreted as not one (1) of those types listed on the
above fee schedule or as one (1) that is not comparable to any land use on the fee schedule, and for any proposed
land development activity for which it is concluded the nature, timing or location of the proposed development
makes it likely to generate impacts costing substantially more to mitigate than the amount of the fee that would be
generated by the use of the fee schedule.
B. Within ten (10) days of receipt of an application for Independent Fee Calculation Study, the Director shall
determine if the application is complete. If the Director determines that the application is not complete, a written
statement specifying the deficiencies shall be sent by mail to the person submitting the application. The application
shall be deemed complete if no deficiencies are specified. The Director shall take no further action on the
application until it is deemed complete.
C. When the Director determines that the application is complete, the application shall be reviewed by the
Director with the assistance of the Department of Public Works staff, and the Director shall render a written
decision in forty-five(45) days on whether the fee should be modified and, if so, what the amount should be, based
on the standards in Section 20-1-330 below. (Weld County Code Ordinance 2002-11)
Sec. 20-1-330. Standards.
If, on the basis of generally recognized principles of impact analysis, it is determined that the data, information
and assumptions used by the applicant to calculate that the Independent Fee Calculation Study satisfy the
requirements of this Section, the fee determined in the Independent Fee Calculation Study shall be deemed the fee
due and owing for the proposed traffic-generating development. The adjustment shall be set forth in a Fee
Agreement. If the Independent Fee Calculation Study fails to satisfy the requirements of this Section, the fee
applied shall be that fee established for the traffic-generating development in Section 20-1-220 above. (Weld
County Code Ordinance 2002-11)
Sec.20-1-340. Appeal of decision.
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)
Div. 5. Credit Capital Contribution Front End Agreement for Credits
Sec. 20-1-400. General standards.
A. Any person initiating traffic-generating development may apply for credit against road impact fees
otherwise due, up to but not exceeding, the full obligation for impact fees proposed to be paid pursuant to the
provisions of this Article, for any contributions, construction or dedication of land accepted or received by the
County for non-site-related road capital improvements that are identified in the Road CIP that are on the Service
Area Road System.
B. Credits for contributions, construction or dedication of land for non-site-related road capital improvements
on the Service Area Road System identified on the Road CIP shall be transferable within the same development,
but shall not be paid for other public facilities. The credit shall not exceed the amount of the impact fees due and
payable for the proposed traffic-generating development.
p
C. The County may enter into a Capital Contribution Front Ending Agreement with any person initiating
traffic-generating development who proposes to construct non-site-related road capital improvements on the Road
CIP that are on the Service Area Road System. To the extent that the fair market value of the construction of these
road capital improvements exceeds the obligation to pay impact fees for which a credit is provided pursuant to this
Section, the Capital Contribution Front Ending Agreement shall provide proportionate and fair share
reimbursement linked to new growth and development's use of the road capital improvement constructed. (Weld
County Code Ordinance 2002-11)
D. The credit agreement shall be completed prior to recording the final plat associated with the parcel(s)
created.
E. Any person who proposes a Capital Contribution Front Ending Agreement for Credit shall pay the
application fee for administrative costs associated with the review and decision on such study. The criteria for this
review is found in Chapter 5 Appendix))
F. Site related improvements for a development even if done on the Service Area Roads identified in the Road
CIP by a developer shall not qualify for credits against road impact fees.
Sec. 20-1-410. Credit against fees.
Credit shall be in an amount equal to fair market value of the land dedicated for right-of-way at the time of
dedication, the fair market value of the construction at the time of its completion, or the value of
the contribution or payment at the time it is made for construction of a non-site-related capital road improvement on
the Road CIP identified on the Service Area Road System. (Weld County Code Ordinance 2002-11)
Sec.20-1-420. Procedure for credit review.
A. The determination of any credit shall be undertaken through the submission of an application for Credit
Agreement, which shall be submitted to the Director, at the time of final platting.
B. The application for a Credit Agreement shall include the following information:
1. If the proposed application involves a credit for any contribution, the following documentation must be
provided:
a. A certified copy of the development approval in which the contribution was agreed.
b. If payment has been made,proof of payment.
c. If payment has not been made, the proposed method of payment.
d. Weld County improvements Agc ccut.at,if applicable.
2. If the proposed application involves credit for the dedication of land, the following documentation must
be provided.
a. A drawing and legal description of the land.
b. The appraised fair market value of the land at the date a building permit is proposed to be issued for
the traffic-generating land development activity, prepared by a professional real estate appraiser who is a
member of the Member Appraisal Institute (MAI) or who is a member of Senior Residential Appraisers
(SRA) and, if applicable, a certified copy of the development permit in which the land was agreed to be
dedicated.
3. If the proposed application for Credit Agreement involves construction, the following documentation
must be provided.
a. The proposed plan of the specific construction prepared and certified by a duly qualified and licensed
Colorado engineer or contractor.
10
b. The projected costs for the suggested improvement, which shall be based on local information for
similar improvements, along with the construction timetable for the completion thereof. Such estimated cost
shall include the cost of construction or reconstruction, the cost of all labor and materials, the cost of all
lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during
construction and for one (1) year after completion of construction, costs of plans and specifications, surveys
of estimates of costs and of revenues, costs of professional services, and all other expenses necessary or
incident to determining the feasibility or practicability of such construction or reconstruction.
C. Within ten (10) days of receipt of the proposed application for Credit Agreement, the Director shall
determine if the application is complete. If it is determined that the proposed agreement is not complete, the
Director shall send a written statement to the applicant outlining the deficiencies. The Director shall take no further
action on the proposed application for Credit Agreement until all deficiencies have been corrected or otherwise
settled.
D. Once the Director determines that the proposed application for Credit Agreement is complete, it shall be
reviewed within thirty (30) days. The application for Credit Agreement shall be approved if it complies with the
standards in Sections 20-1400 and 20-1-410 above.
E. If the application for Credit Agreement is approved by the Director, a Credit Agreement shall be prepared
and signed by the applicant and the County. It shall specifically outline the contribution,payment, construction or
land dedication, the time by which it shall be completed, dedicated or paid, and any extensions thereof, and the
dollar credit the applicant shall receive for the contribution, payment or construction. (Weld County Code
Ordinance 2002-11)
Sec. 20-1430. Appeal of credit decision.
A fee payer affected by the decision of the Director regarding credits 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. The Board of County Commissioners, after a
hearing, shall affirm or reverse the decision of the Director based on the standards in Sections 20-1400 and 20-1-
410 above. If the Board of County Commissioners reverses the decision, it shall direct the Director to readjust the
credit in accordance with its findings. The decision of the Board of County Commissioners shall be final and not
subject to further administrative appeal. (Weld County Code Ordinance 2002-11)
Div. 6. Benefit Areas
Sec. 20-1-500. Establishment and management.
A. Establishment. For the purpose of further ensuring fee payers receive sufficient benefit for fees paid, four
(4) benefit areas are established in the service area. The benefit areas are defined as follows, and are shown at
Appendix 20-C to this Chapter.
1. Benefit Area 1 is the area west of U.S. Highway 85 and north of U.S. Highway 34 and U.S. Highway 34
Bypass.
2. Benefit Area 2 is the area east of U.S. Highway 85 and north of U.S. Highway 34.
3. Benefit Area 3 is the area west of U.S. Highway 85 and south of U.S. Highway 34.
4. Benefit Area 4 is the area east of U.S. Highway 85 and south of U.S. Highway 34.
B. Expenditure. Impact fee funds shall be spent within the benefit area wherein the traffic-generating
development paying the fee is located.
C. Establishment of Trust Fund. The County shall establish four (4) Road Impact Fee Benefit Area Funds for
the purpose of ensuring that fee payers receive sufficient benefit for road impact fees paid. (Weld County Code
Ordinance 2002-11)
1
Sec. 20-1-510. Fund regulations.
A. All road impact fees collected by the County shall be immediately deposited into the appropriate Road
Impact Fee Benefit Area Fund.
B. All proceeds shall be invested in an interest-bearing account. All income derived from these investments
shall be retained in the appropriate Road Impact Fee Benefit Area Fund until transferred. Record of each fund
account shall be available for public inspection.
C. All proceeds in the Road Impact Fee Benefit Area Funds not immediately necessary for expenditure shall be
invested in an interest-bearing account. All income derived from these investments shall be retained in such funds.
Record of the Road Impact Fee Benefit Area Fund shall be available for public inspection at the Department of
Accounting during normal business hours. (Weld County Code Ordinance 2002-11)
Sec. 20-1-520. Limitations on expenditures.
Road impact fee funds spent within the service area shall only be expended from funds drawn from the
appropriate Road Impact Fee Benefit Area Fund. For the purposes of determining whether impact fee funds have
been spent or encumbered, the first fees collected shall be considered the first monies spent or encumbered. (Weld
County Code Ordinance 2002-11)
Sec. 20-1-530. Annual recommendation for fee expenditure.
Each year, at the time the annual budget is reviewed, the Department of Public Works shall recommend
appropriations to be spent from the Benefit Area Funds to the Service Area Board of County Commissioners. After
review of the recommendation, the Board of County Commissioners shall approve or modify the recommended
expenditures of the fund monies. Expenditures shall be made from the funds only for those capital road
improvement projects on the Road CIP for the appropriate benefit area. Any amounts not appropriated from the
Benefit Area Funds, together with any interest earnings, shall be carried over to the following fiscal period. (Weld
County Code Ordinance 2002-11)
Div. 7. Fee Refunds and Plan Review
Sec. 20-1-600. Refund of fees.
A. Any fees collected shall be returned to the fee payer or the fee payer's successor in interest if the fees have
not been spent within ten (10) years from the date the building permit for the development was issued, along with
interest of five percent(5%) a year. Fees shall be deemed to be spent on the basis of the first fee collected shall be
the first fee spent.
B. Any fees collected may be refunded to the fee payer if no work has been done under a building permit issued
in accordance with Chapter 29 of this Code. The Director shall not authorize the refunding of any fees collected
except upon written application for such refund filed by the original fee payer not later than one hundred eighty
(180)days after the date of the fee collection. (Weld County Code Ordinance 2002-11)
Sec. 20-1-610. Procedure for refund of fees not spent.
The refund of fees not spent shall be administered by the Director, and shall be undertaken through the
following process:
A. A refund application shall be submitted within one(1) year following the end of the tenth year from the
date on which the building permit was issued on the proposed development. The refund application shall
include the following information:
1. Evidence of payment of the fee.
2. A copy of the building permit.
3. Evidence that the applicant is the successor in interest to the fee payer.
12
B. Within ten(10) days of receipt of the refund application, the Director shall determine if it is complete. If
the Director determines the refund application is not complete, a written statement specifying the deficiencies
shall be forwarded by mail to the person submitting the application. Unless the deficiencies are corrected, the
Director shall take no further action on the refund application.
C. When the Director determines that the refund application is complete, it shall be reviewed within thirty
(30) days, and shall be approved if it is determined the fee payer or a successor in interest has paid a fee which
has not been spent within the period of time permitted under this Division. The refund shall include the fee paid
plus interest of five percent(5%)a year. (Weld County Code Ordinance 2002-11)
Sec. 20-1-620. Appeal of refund decision.
A fee payer affected by a decision of the Director 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. The Board of County Commissioners, after a hearing, shall
affirm or reverse the decision of the Director based on the standards in this Division. If the Board of County
Commissioners reverses the decision of the Director, it shall direct the Director to readjust the refund in accordance
with its findings. In no case shall the Board of County Commissioners have the authority to negotiate the amount
of the refund. The decision of the Board of County Commissioners shall be final and not subject to further
administrative appeal. (Weld County Code Ordinance 2002-11)
Sec. 20-1-630. Review of Plan.
At least once every five(5)years, the Director shall recommend to the Board of County Commissioners whether
any changes should be made to the Roadway Improvement Plan, Road Impact Fee Study and Road CIP, and this
Weld County Road Impact Fee Ordinance. The purpose of this review is to analyze the effects of inflation on
actual costs, to assess potential changes in needs, to assess any changes in the characteristics of land uses, and to
ensure that the road impact fees will not exceed a proportionate share. (Weld County Code Ordinance 2002-11)
13
iatsrt MEMORANDUM
WI Dc'• To: Planning Commission
COLORADO From: Department of Planning Services
Subject: Changes to Chapter 20 of the Weld County Code
Date: April 25, 2006
The Department of Planning Services, in conjunction with the Department of Public Works, is
proposing changes to Chapter 20 of the Weld County Code, regarding Road Impact Fees. New
land use types along with fees have been added,along with the corresponding fees and definitions
for these uses. There has also been some language added for calcification.
Both department are asking for approval of these changes.
SERVICE.TEAMWORK,INTEGRITY,QUALITY
NOTICE OF PUBLIC HEARING
The Weld County Planning Commission
hill hdda Wblichearing onTuesday,May2,
2006, at 1:30 p.m.for the purpose of
considering Code Changes for the Weld
County Code.
PLANNER:Wendi Inloes
PROPOSAL:Chagesto Weld County Code
Chapter 20.Road Impact Fees.
The public hearing will beheld atthe Weld
County Planning Department, 918 10°'
Street,Greeley,Colorado.Comments or
objections related to the above request
should be submitted in writing to the Weld
County Department of Planning Services,
91810^Street,Greeley,Colorado 80631,
before the above date or presented at the
public hearing on May 2,2006.
Copies oftheapplication are availablefor
public inspection in the Department of
Planning Services,91810^Street,Greeley,
Colorado 80631. Please call Voneen
Macklin at(970)353-6100,Ext.3540,or Fax
C(970)304-6498,prior to the day of the
hearing so that reasonable accommodations
can be made if,in accordance with the
Americans with Disabilities Act,you require
special accommodations in order to
participate in this hearing as a result of a
disability.All cases scheduled before the
Planning Commission for hearing are
subject to conti nuance,due to lack of quorum
or otherwise. Contact the Department of
Planning Services at(970)353-6100,ext.
3540,for hearing continuance information.
Bruce Fizgerald,Chair
Weld County Planning Commission
To be published in the Fort Lupton Press
To be published one(1)time by April 19,
2006
� tie
/CM.
j h_ r i
I' r
T dPUBnREPlnG PROOF OF PUBLICATION
The Weld County l Planning
Commission will hold a public FORT LUPTON
hearing p.m.n orath May 2, e2006,
at 1:30 gfor the for of STATE OF COLORADO
Weld nn Code Changes for the
Weld County Code.
PLANNER'.Wendi lnloes COUNTY OF WELD SS.
PROPOSAL: Changes to Weld
County Code Chapter 20, Road
Impact Fees.
The public hdearing will be held at
Department, County 0th P'Streett,, I, Karen Lambert, do solemnly swear that
Greeley, Colorado. Comments or
objections related to the above am the Publisher of the Fort Lupton Press;
should be submitted in
request County that the same is a weekly newspaper printed
Department of Planning Services, andpublished in the County of Weld, State
918 10th Street, Greeley,
Colorado 60631,before the above
date or presented at the public of Colorado, and has a general circulation
hearCopies of May 2,2006. therein; that said newspaper has been
Copies of the application are
available for public inspection in
the Department of Planning published continuously and uninterruptedly
Services,lColorado 80631. Street,
I in said county of Adams for a period of more
call V°"ee"Macklin at(970)353- than fifty-two consecutive weeks prior to the
6100, Ext. 3540, or Fax # (970) Y
304-6498, prior to the day of the firstpublication of the annexed legal notice
nearing so that reasonable g
accommodations can be made if,
in ac
with Disabilities Act, you require been admitted to the United States mails as
special accommodations in order
esult"'opaaedisability`A;lgcases second-class matter under the provisions of
scheduled before the Planning the act of March 3, 1879 or
Commission for hearing are any
subject to continuance,due to lack
of quorum or otherwise. Contact amendments thereof, and that said
the Department of Planning
Services at (970) 353-6100, ext. newspaper is a weekly newspaper duly
35or for hearing continuance qualified for publishing legal notices and
Brucinformation.
Weld 'zgeCounthair advertisements within the meaning of the
Weld County Planning
Commission laws of the State of Colorado. That the
To be published in the Fort Lupton
Press
To be published one (1) time by annexed legal notice or advertisement was
April 19,2006 published in the regular and entire issue of
every number of said weekly newspaper for
the period of 1 consecutive insertion(s); and
that the first publication of said notice was in
the issue of newspaper, dated 19th day of
April, 2006, and the last on the 19th day of
April, 2006.
*
0.
/'fl o
rn 3> m'C
(1
m " < _
T rn '� . ublisher. ubscribed a rn before me, this the
O a o , 14th day of April, 2006.
a
l i5=
iv
(Xi& /EP" .e )
Notary Public.
CASE NO.401951 key 26760
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