HomeMy WebLinkAbout20061373.tiff RESOLUTION
RE: ACTION OF THE BOARD CONCERNING APPEAL OF STORMWATER DRAINAGE
FEE - DMB PROPERTIES, LLC
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 February 28, 2006, in accordance with Chapter 5,Article VIII, of the Weld
County Code, a Stormwater Drainage Fee of $5,400.00 was assessed in conjunction with
Certificate of Occupancy Permit BCS-060070, and
WHEREAS,on March 20,2006,the Department of Planning Services received notification
of an appeal of the Stormwater Drainage Fee from D. Michael Brewster of DMB Properties, LLC,
385 Inverness Parkway,Suite 460, Englewood, Colorado 80112, pursuant to Section 2-24-10 of the
Weld County Code, and
WHEREAS,on the 17th day of April, 2006, a public hearing was held before the Board of
County Commissioners, at which time the Board deemed it advisable to continue the matter to
May 17, 2006, at 9:00 a.m., and
WHEREAS, at said hearing on the 17th day of May, 2006, the Board of County
Commissioners determined that the applicant has paid the reassessed Stormwater Drainage Fee
of$1,800.00, in accordance with the new fee structure of Chapter 5, of the Weld County Code,and
deemed it advisable to dismiss the appeal.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the appeal be, and hereby is, dismissed.
2006-1373
CO I. ft, /,PPL PL1836
Cep-O-7-OS
ACTION OF THE BOARD CONCERNING APPEAL OF STORMWATER DRAINAGE FEE -
DMB PROPERTIES, LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 17th day of May, A.D., 2006.
BOARD OF OUNTY COMMISSIONERS
,_�D E��` WELD CJ�NTY, COLORADO
ATTEST: 1 a
cn 4O1li . e le, Chair
Weld County Clerk to the e^:rd ,;, �t
\ &R?
fi avid E. Long, Pro-Tem ,
BY: 4ti 4 iC Wl• >
D p ty Cle to the Board li
W iam H. Jerke ��pp
APP ED AS TO FO � �V
Robert D. Masde
ounty Atto€r5eyAa
Glenn Vaad )))
Date of signature: 5/ //tip
2006-1373
PL1836
440(e*: , MEMORANDUM
WIDcTo: Board of County Commissioners -
COLORADO From: Wendi Inloes, Planning Coordinator
Subject: Stormwater Appeal
Date: April 3, 2006
Applicant: DMB Properties
Address: 385 Inverness Parkway, Suite 460
Englewood, CO 80112
Property address: 4029 CR 29, Fort Lupton
Permit: BCS-060070
Acres: 25 +/-
DMB Properties applied fora building permit fora 17,808 square foot private bam/arena on February
28, 2006. A fee of$5,400.00 was assessed for the stormwater fee in accordance to Chapter 5,
Article VIII,of the Weld County Code,as the property is located within the Fort Lupton urban growth
area.
In accordance with Section 2-2-4-10 of the Weld County Code,this fee was appealed on March 20,
2006. Dave Bauer of the Department of Public Works has reviewed this appeal and is in
agreement with the assessment.
SERVICE,TEAMWORK,INTEGRITY.QUALITY
2006-1373
DEPARTMENT OF PLANNING SERVICES
Planning Division
NORTH OFFICE
' 918 10TH Street
GREELEY, CO 80631
DC. PHONE (970) 353-6100, Ext. 3540
FAX: (970)304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720) 652-4211
March 28, 2006
DMB Properties, LLC
D. Michael Brewster, Manager
385 Inverness Parkway, Suite 460
Englewood, CO 80112
RE: Appeal for the stormwater fee for BCS-060070, located at 4029 CR 29, Fort Lupton,
Colorado; Lot A of RE-518 located in part of the SE4 SE4 of Section 8, Ti N, R66W of the
6`h P.M., Weld County, Colorado.
Dear Applicant:
The Department of Planning Services, in conjunction with the Weld County Department of Public
Works,has reviewed your appeal for the$5,400.00 stormwater fee. David Bauer of Public Works,
as concurred that this fee is consistent with Weld County Code Ordinance 2005-8. Included is the
response from Mr. Bauer, along with a copy of the ordinance and appeal process.
Should you wish to appeal this decision to the Board of County Commissioners, please notify our
office within five days of receipt of this letter your intent to do so, so that we can proceed. The
appeal process is located in Section 2-4-10 of the Weld County Code, and is included.
Should you have anyfurther questions,please contact me at the above address,e-mail or telephone
number.
Sincerely, j
(thel
Wendi Inloes ' Gil `+�' ' /qO
Planning Coordinator ni% Q /•
pc: David Bauer, Public Works (l.Ya( rrr—"''1111`"`
Monica Mika, Director of Planning 1.05
Lynn Long
4945 N. Hwy 67
Sedalia, CO 80135
1 County Planning Department
GREELEY OFFICE
MAR 2 7 2006
MEMORANDUM .ECEIVED
' TO: Monika Mika, Director, Dept. of Planning Services DATE: 22-March-2006
W Q FROM: David Bauer,P.E.,Public Works DepartmentV&
C.
COLORADO SUBJECT: Appeal of Stormwater Impact Fee—DMB properties,4029 WCR 29
Weld County Public Works Department has reviewed the letter from DMB properties (DMB) and had a telephone
discussion with the applicant's planning and design consultant regarding the proposed 17,808 square foot horse
riding arena building and site conditions. The Weld County GIS system lists the site, as lot A resulting from RE-518,
agricultural zoning and comprising 25.9 acres. Horses are boarded on the site which also contains a residence and
approximately 6 outbuildings. As currently developed, the site has approximately 20+ acres of pasture/hay field. Surface
topography on the site indicates that runoff flows generally to the northeast and is collected by a swale located on the
offsite property to the north. The DMB property does not appear to have any onsite stormwater facilities. It is not located
in a regulatory floodplain.
Comments
❑ The Board of County Commissioners, enacted a Capital Expansion Fee and Stormwater Drainage Infrastructure Fee
after determining that the projected new growth and development in the unincorporated areas of Weld County,
Colorado, will require a substantial expansion in County owned capital improvements, including stormwater drainage
infrastructure.
❑ In order to address this problem, the County has determined that new land development activity in the unincorporated
areas of Weld County shall bear a proportionate share of the cost of the capital improvements and stormwater
drainage infrastructure required by such development.
❑ The County has determined that the imposition of impact fees in the unincorporated areas of Weld County is one of
the preferred methods of regulating land development in order to ensure that new development bears a proportionate
share of the costs of the capital improvements and stormwater drainage infrastructure necessary to accommodate new
development, and promoting and protecting the public health, safety and welfare.
❑ Any person who causes to be constructed a structure within the unincorporated areas of Weld County shall pay impact
fees to Weld County, at the time of the issuance of building permit: 1) A capital expansion fee of$575 per dwelling
unit, as that term is defined in Section 23-1-90 of this Code, or $95 per 1,000 square feet of total floor area for a non-
dwelling unit structure; and 2) A stormwater drainage infrastructure fee of $300 per dwelling unit, or $300 per
1,000 square feet of total floor area for a non-dwelling unit structure, for any property (including commercial,
industrial and agricultural).
❑ The proposed 18,000 square foot building will add 0.4 acres of impervious surface to the to DMB site. The applicant
has proposed no drainage improvements for the site related to construction of the 18,000 square foot building.
❑ The offsite swale that currently receives DMB site runoff has been "cut off' by farming activities 200 feet northwest
of the DMB property boundary (see attached color air photo). Due to that lack of ultimate outlet, that offsite swale
has limited capacity to successfully convey runoff from larger(50-year, 100-year) storms.
❑ Depending upon the amount and type of future area development, stormwater infrastructure improvements offsite to
the DMB property may be needed in the future in order to protect the public health and safety. The DMB property
should bear its proportional share of area stormwater infrastructure improvements.
Recommendation
Public Works recommends denial of the appeal of the storm drainage impact fee and requests that the applicant submit the
required fee.
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MAR-23-2006 10:57 FROM LONG TO 1970 046498 P.001
Lynn Long Planning and Design
4945 N. Hwy 67, Sedalia, Colorado 80135
Ph:(303) 688-2142 Far (303)688-3104 e-mail: longdesCJranhlinknet
Fax QtarSat
7b: Monica Mika or Wendy Inloes From Lynn Long
Fax: 970 304-0498 Pages 1 to follow
Mons 970 353-6100 Debar 3/23/2006
Re: Storrmwater Drainage Fee Appeal CC:
❑ Urgent ❑For Review Cl Please Continent 0 Please Reply ❑Please Recycle
•Comments
Please go forward with finalizing this permit,minus the Stormwater Drainage Fee,so the applicant can
get started on the building. He will pay the SD Fee as resolved.
Lynn Long
MAR-23-2006 10:57 FROM LONG TO 19707046498
. P.002
DMB PROPERTIES,LLC
385 INVERNESS PARKWAY SUITE 460
ENGLEWOOD,COLORADO 80112
Monica Daniels-Mika
Director of Planning and Zoning—Weld County
Greeley, Colorado
Re: Building Permit Application-BCS 060070
Location: 4029 Weld County Road 29,
Fort Lupton,Colorado
Please release the above numbered building permit for pick-up,upon payment of all fees except
the Stormwater Drainage Fee, which the applicant is presently appealing. Upon resolution of
the appeal of this fee,DMB Properties will pay the resulting fee amount.
Thank you for your consideration . Telephone contact number for any questions is 303 688-2142,
for Lynn Long,Equestrian Planner.
DMB PROPERTIES, LLC
D. Michael Brewster, Manager
TOTAL P.002
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TOTAL P.003
MAR-20-2006 12 39 FROM LONG TO 1970„3.346498 P.001
Lynn Long Planning and Design
4945 N. Hwy 67, Sedalia, Colorado 80135
Ph:(303) 688-2142 Fax: (303)688-3104 e-mail: longiles@earth link.nct
Fax coarcat
Tag Wendy hives F►onx Lynn Long
Faxg 1 970 3046498 Pages 1 to follow
Plague 970 353-6100 Data 3/20/2006
Rag Storm Drainage Fee CCg
❑ Urgent ❑ Fer Review ❑Please Comment ❑Please Reply O Please Recycle
•Coni n ita
This letter outlines our yes with the Storm Drainage fee assessed to the subject building application
Please save this cover sheet and address any questions to me, as I am working for the property
owner/applicant.
Thank you,
Lynn Long
MAR-20-2006 12:40 FROM LONG TO 19702,46490 P.002
DMB PROPERTIES,LW
385 INVERNESS PARKWAY SUITE 460
ENGLEWOOD,COLORADO 80112
Monica Daniels-Mika
Director of Plarming and Zoning-Weld County
Greeley, Colorado
Re: Building Permit Application-BCS 060070
I tntion: 4029 Weld County Road 29,
Fort Lupton, Colorado
This permit is for an indoor horse riding arena and barn with stabling for ten horses. The
building is for private use by the owner and guests. It has a footprint of 106 feet X 168 feet
equaling 17,808 square fret, and a roof area of 18,816 square feet . This building is of wood
post frame construction,dirt floor, with no perimeter foundation.It is valued at$12.35/sq. R. or
$232,377. The property, 25.68 acres, is located just within the boundary line of the Fort Lupton
Urban Growth area. The proposed building sits 200 feet within the boundary; if it were 300 feet
East or South, it would be outside the Fort Lupton Growth Area.
The basic permit fee for this building is$2976.96. However, because the building is within an
Urban Growth Area, it is additionally assessed a Stormwater Drainage Fee. The assessed SD Fee
for this building application is an added $5,700.00, (for a total permit fee of$8,676.96) based
on the non-dwelling unit structure SD Fee of$300.00 per 1000 square feet. If this building were
to be an 18,8116 square foot residence,the SD Fee would total$300.00, the single dwelling unit
fee. The applicant's understanding is that the monies from these fees are to apply to future cost
of storm drains as Fort Lupton expands. The rainwater runoff from the roof of this proposed
building will be channeled to an adjacent irrigated horse pasture/hay field,which is additionally
augmented by shares of ditch irrigation water. Because the building is on residential equestrian
acreage, and is wood post frame, not a steel structure with a foundation, it will most likely
remain in it's proposed use and not convert to a commercial building requiring Mute storm
drainage off the property.
The applicant believes the above Storm Drainage Fee structure does not fit the proposed building
use and requests one of the following reassessments:
A. Change the building designation, and apply the dwelling SD Fee, of$300. per unit, as if
the building were to be an 18,816 sq. ft. residence.
B. Significantly reduce the SD Fee, as this horse arena will be for residential use only, and,
in fact, will have a much lower impact on future area development than a large residence,
and a small fraction of the impact of a commercial building.
C. Consider this letter a request to appeal the Storm Water Drainage Fee to the Weld County
Commissioners. Issue the building permit, without the SD Fee, pending the appeals
process which will determine amount of fee to be paid.
'Thank you for your consideration and attention to this matter. Telephone contact number for any
questions is 303 688-2142, for Lynn Long, Equestrian Planner.
DMB PROPERTIES,LLC
myr,,4—e
D. Michael Brewster, Manager
TOTRL P.002
NOTICE
Pursuant to the Weld County Code, a public hearing will be held in the Chambers of the
Board of County Commissioners of Weld County,Colorado,Weld County Centennial Center,915
10th Street, First Floor, Greeley, Colorado 80631, at the time specified.
If a court reporter is desired, please advise the Clerk to the Board, in writing, at least five
days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting
party. In accordance with the Americans with Disabilities Act, if special accommodations are
required in order for you to participate in this hearing,please contact the Clerk to the Board's Office
at (970) 336-7215, Extension 4226, prior to the day of the hearing.
The complete case file may be examined in the office of the Clerk to the Board of County
Commissioners,Weld County Centennial Center,91510th Street,Third Floor, Greeley,Colorado
80631. E-Mail messages sent to an individual Commissioner may not be included in the case file.
To ensure inclusion of your E-Mail correspondence into the case file, please send a copy
to charding@co.weld.co.us.
/ ` e—A
DATE: April 17, 2006 � �.� / -7t'_j
TIME: 9:00 a.m.
APPLICANT:
DMB Properites, LLC
Attn: D. Michael Brewster, Manager
385 Inverness Parkway, Suite 460
Englewood, Colorado 80112
REQUEST: Appeal of Stormwater Fee for BCS-060070
LEGAL DESCRIPTION: Lot A of Recorded Exemption #518; being part of the SE1/4 SE1/4 of
Section 8, Township 1 North, Range 66 West of the 6th P.M., Weld County, Colorado
LOCATION:4029 Weld County Road 29, Fort Lupton,Colorado 80621 (See Legal Description for
precise location.)
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: April 5, 2006
2006-1103
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing Notice of
Hearing was placed in the United States mail, first class mail, postage prepaid, addressed to the
following property owners.
DATED this 6th day of April, 2006.
DMB PROPERITES LLC
D. MICHAEL BREWSTER, MANAGER
385 INVERNESS PARKWAY
SUITE 460
ENGLEWOOD CO 80112
LYNN LONG PLANNING AND DESIGN
4945 NORTH HIGHWAY 67
SEDALIA CO 80135
Deputy Clerk to the Board
Page 1 of 1
Wendi Inloes 6/5/200 `Q2l d 3/800 .00
From: Michael Brewster [mikebrewster@svcapital.net] Ckrebri. ICS-)
Sent: Tuesday, May 02, 2006 10:08 AM
To: Wendi Inloes
Subject: RE: Stormwater Fee BCS-060070
That is correct. Do I make it out to Weld County Treasurer??
Michael Brewster
SV Capital Partners
385 Inverness Parkway
Suite 460
Englewood, Co 80112
Gen: 303-221-7889
Direct: 303-662-8939
Fax 303-741-4222
Original Message
From: Wendi Inloes [mailto:winloes@co.weld.co.us]
Sent: Tuesday, May 02, 2006 10:05 AM
To: Michael Brewster
Subject: RE: Stormwater Fee BCS-060070
You can just send it to our office at 918 10th Street, Greeley, CO 80631. So I assume you do
not want to go forward with the appeal on the 17th? Thanks so much.
From: Michael Brewster [mailto:mikebrewster@svcapital.net]
Sent: Tuesday, May 02, 2006 10:02 AM
To: Wendi Inloes
Subject: Stormwater Fee BCS-060070
Wendi,
I received your letter for the revised fee to $1,800 for:
4029 WCR 29
Ft. Lupton, Co 80621
That amount is fine. Could you let me know where to send the payment.
Thank you,
Michael Brewster
Manager for DMB Properties, LLC
303-619-2150
mikebrewster@svcapital.net
05/02/2006
DEPARTMENT OF PLANNING SERVICES
Planning Division
NORTH OFFICE
I 918 10T" Street
GREELEY, CO 80631
D O PE-Mail: winloes(a)co.weld.co.us
PHONE: (970) 353-6100, Ext. 3540
• FAX: (970) 304-6498
COLORADO
SOUTHWEST OFFICE
4209 CR 24.5
LONGMONT, CO 80504
PHONE: (720)652-4210, Ext. 8730
FAX: (720) 652-4211
April 26, 2006
DMB Properties, LLC
385 Inverness Parkway, Suite 460
Englewood, CO 80112
RE: Stormwater fee for BCS-060070.
Dear Applicant:
The Board of County Commissioners, in a work session, agreed upon on a new fee structure for
Chapter 5 of the Weld County Code, regarding the fee for stormwater. The proposed changes will
be set forth so that an applicant applying for a building permit will be paying $0.10 per impervious
square foot on their building. Therefore, this would bring your fee from $5,400.00 to $1,800.00.
Your options at this time would be to accept the fee of$1,800.00 ,or to continue with the appeal on
May 17'" at 9:00 a.m.
Please notify me no later than May 12'h which option you choose. Thank you for your cooperation
to this matter,and should you have any further questions,please contact me at the above address,
e-mail or telephone number.
Sincerely,
Wendi Inloes
Planning Coordinator
cc: Lynn Long
4945 N. Hwy 67
Sedalia, CO 80135
RPR-07-2006 8:45 FROM LONG TO 19703046498 P.001
l,gnn long Planning and Design
4945 N. Hwy 67, Sedalia, Colorado 80135
Ph(303) 688-2142 Far (303)688-3104 o-mm'l: tongdes@uasaoon
Fax therSheet
To Lin Dodge(for Wendy Inloes) Frame Lynn Long
Faoc 1 970 304-6496 Papaw 1 to follow
PMaee: 970 353-6100 Rater 4/7/2006
Rae Co Commissioners Meeting CC:
O urgent O Far R.., Mw Q Pia Caneeent O Kee Reply ❑Please Recycle
•Comment=
This letter should be Included in the material for DMB Properties Stomnvater Drainage Fee appeal for
the Monday April 10 meeting of the Commissioners.
Thank you
Lynn Long
APR-07-2006 8:46 FROM LONG TO 19703046498 P.002
DMB PROPERTIES,LLC
385 INVERNESS PARKWAY SUITE 460
ENGLEWOOD,COLORADO 80112
Board of County Commissioners,Weld County
Greeley, Colorado
Re: Stormwater Drainage Fee Appeal
Building Permit Application-BCS 060070
Location: 4029 Weld County Road 29,
Fort Lupton, Colorado
The applicant, DMB Properties,is not appealing payment of a Stormwater Drainage Fee in
general,but rather the amount of the fee, $5400, imposed on this Agricultural horse barn. This
fee equals two times the building permit cost on a building with a valuation of$12.35 s/f or
$220,000.
The rainwater runoff from the roof of this Agricultural building will be fully absorbed within the
20 acres of highly permeable sandy loam hayfield lying between the new building and the nearest
off-property drainage.
This horse barn is surrounded by dirt,not an impervious parking lot of the same or much greater
size as are most industrial or commercial buildings. When imposing a Stormwater Drainage Fee,
this Agricultural horse barn should not be considered equal to Industrial or Commercial buildings
in impervious surface area, and should be charged a much lower fee rate.
The applicant feels an adjusted Stormwater Drainage Fee in the area of$1000.00 would be more
in line with the impact this Agricultural building will have on future stormwater drainage
infrastructure in the area.
DMB PROPERTIES LLC
D. Michael Brewster,manager
TOTAL P.002
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