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Home My WebLink About20213481.tiffTO: Board of County Commissioners DATE: January 31, 2022 FROM: Elizabeth Relford, PW Deputy Director SUBJECT: Ordinance 2022-2 Chapter 20 Impact Fees — Section 20-1-80 Independent Fee Analysis (Final Rdg) The Commissioners approved Ordinance 2022-2 revising Section 20-1-80 of Chapter 20 Impact Fee code changes on second reading on January 10, 2022. I have not received any questions, comments or concerns expressed by the public regarding the proposed ordinance changes. As a result, staff does not have any amendment requests for the final reading. As you know, the purpose of this ordinance is to rename Section 20-1-80 from Independent Fee Calculation to Independent Fee Analysis throughout the section as well as modify the fee analysis to allow businesses that may not trigger a traffic study for construction the option to provide a traffic narrative in accordance with Section 8.1.2 of the Weld County Engineering and Construction criteria in order to be more applicable and user friendly to the business community. I am available to answer and questions you may have. MEMORANDUM TO: Board of County Commissioners DATE: January 10, 2022 FROM: Elizabeth Relford, PW Deputy Director SUBJECT: Ordinance 2022-2 Chapter 20 Impact Fees — Section 20-1-80 Independent Fee Analysis (2nd Rdg) The Commissioners approved Ordinance 2022-2 revising Section 20-1-80 of Chapter 20 Impact Fee code changes on first reading on December 20, 2021. I have not received any questions, comments or concerns expressed by the public regarding the amendments, and therefore have no requests to amend the ordinance between first and second reading, so no ordinance changes are being requested for second reading. As you know, the purpose of this ordinance is to primarily rename Section 20-1-80 from Independent Fee Calculation to Independent Fee Analysis throughout the section as well as modify the fee analysis to allow businesses that may not trigger a traffic study for construction the option to provide a traffic narrative in accordance with Section 8.1.2 of the Weld County Engineering and Construction criteria in order to be more applicable and user friendly to the business community. I am available to answer and questions you may have. cZOa,_ J8I MEMORANDUM TO: Board of County Commissioners DATE: December 20, 2021 FROM: Elizabeth Relford, PW Deputy Director SUBJECT: Ordinance 2022-2 Chapter 20 Impact Fees — Section 20-1-80 Independent Fee Analysis (1st Reading) The Commissioners recently approved Ordinance 2021-14 Chapter 20 Impact Fee code changes effective November 26, 2021. Simultaneously, the Board was also discussing Ordinance 2021-19 Annual Fees. As a result of work sessions held on November 22nd and 29th, the Board revisited Section 20-1-80 Independent Fee Analysis of Chapter 20 to consider additional code changes. Therefore, the purpose of already amending the new ordinance is to include these recent proposed changes to Section 20-1-80. The primary change of the ordinance is to rename Section 20-1-80 from Independent Fee Calculation to Independent Fee Analysis throughout the section. The intent of modifying the fee analysis is to allow businesses that may not trigger a traffic study for construction the option to provide a traffic narrative in accordance with Section 8.1.2 of the Weld County Engineering and Construction criteria in order to be more applicable and user friendly to the business community. I am available to answer and questions you may have. Sec. 20-1-80. Independent fee calculation. A. The intent of an Independent Fee Ga4eu1at+en-Analysis r -is to determine appropriate impact fees for land uses that are not typical of the generalized land uses listed in the impact fee schedules. It shall not be grounds for an independent fee calculation that the initial occupant of the development will not generate as much impact as is assumed by the fee schedules, but that unique and permanent features of the development will result in lower impacts over the long term. B. The impact fee may be computed by the use of an Independent Fee Calculation StudyAnalysis at the election of the fee payer, if the applicant believes it can be demonstrated. The nature of the proposed development makes it likely that the impacts generated will cost substantially less to mitigate than the amount of the fee that would be generated by the use of the fee schedule. C. The preparation of the Independent Fee Calculation studyAnalysis shall be the sole responsibility and expense of the electing party. D. Any person who requests an Independent Fee Analysis Calculation Study shall pay an application fee for administrative costs associated with the review and decision on such stt►dyanalysis; the fee for this review is cited in Chapter 5, Appendix D of this Code(TPJ1]. E. Independent Fee requirements. 1. An Independent Fee Calc-ulation Analysis Steely -for road impact fees shall provide independent sources of data for determining appropriate trip generation rate, new trip factor and average length of a trip on the County's arterial and collector roadIsystemrTPJ2]kER31• The Independent Fee Analysis Calculution Study shall provide independent data not used in the impact fee study for all three (3) of these travel demand characteristics. The data Wit -sources shall be (1) an accepted standard source of transportation engineering or planning data or (2) a local study on travel demand characteristics carried out by a qualified traffic planner or engineer pursuant to an accepted methodology of transportation planning or engineering. If the County has determined that the business does not trigger a traffic study, the fee payer may use the traffic narrative, lin accordance with Section 8.1.2 of the Weld County Engineering and Construction criteriakER4], to support the demand characteristics as sources of transportation or planning data. If the business is required to submit a traffic study, then the fee payer must use a qualified traffic planner or engineer. 2. An Independent Fee Calculation StudyAnalysis for County facilities impact fees shall provide independent sources of data for determining appropriate functional population per development unit for the proposed development, using the methodology set forth in the impact fee study. 3. An Independent Fee Calculation StudyAnalysis for drainage impact fees shall provide independent sources of data for determining appropriate measures of impervious cover to be added by the proposed development. F. Procedures. 1. An Independent Fee Analysis Calculation Study shall be undertaken through the submission of an application(TP]sl for an independent fee caleufaHenanalysis. 2. Within ten (10) days of receipt of an application for Independent Fee Calculation StadyAnalysis, 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. Created: 2021-11-03 16:15:26 [EST] (Supp. No. 74) Page l of 2 3. When the Director determines that the application is complete, the application shall be reviewed by the Director. The Director may choose to utilize the assistance of development review engineers, with assistance of the Dcpartmont of Public Works staff, and theThe 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 upon the standards below. G. 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 Colculation Study satis€yAnalysis satisfy the requirements of this Section, the fee determined in the Independent Fee men St yAnalysis shall be deemed the fee due and owing for the proposed traffic -generating development. The adjustment shall be set forth in a fee agreement(TPJ6]. If the Independent Fee Analysis Calculation Study fails to satisfy the requirements of this Section, the fee applied shall be that fee established for the development in the fee schedule. H. Appeal of Independent Fee CalcuI3tipn StudyAnalysis decision. A fee payer affected by the administrative decision of the Director on an Independent Fee Calculation StudyAnalysis 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 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 this Section. 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 2011-2 ) Created: 2021-11-03 16:15:26 (EST] (Supp. No. 74) Page 2 of 2 Cheryl Hoffman To: Elizabeth Relford; Esther Gesick; Commissioners; Bruce Barker; Don Warden; Ryan Rose; Jennifer Oftelie; Tom Parko Jr.; Jay McDonald; Jason Maxey Cc: Karla Ford Subject: RE: Second Reading Code Ordinance #2021-19 (Chapter 5, Annual Fees) Good morning, Elizabeth. I received your draft and am beginning to work on it. It looks like the only changes to that section are calling it Independent Fee Analysis instead of Independent Fee Calculation Study. Am I correct? Or do you have a markup version available? Additionally, we are rushing Ord2021-14 to Recording and then Municode so we can finalize that one before this new one is finalized to avoid confusion. So I offer the proposed dates which are a little delayed due to that reason: 12/16 — Read to audio 12/20 -1St Reading 12/22 —Send to paper 12/26 — Publish 1/10 -2nd Reading 1/14 — Send to paper 1/16 — Publish 1/31— Final Reading 2/4 — Send to paper 2/6 — Publish 2/11— Effective 02oo2o2aZ ai Just let me know if these date are agreeable with you and if you have a markup version. Thanks! Cheryl L. Hoffman Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Elizabeth Relford <erelford@weldgov.com> Sent: Monday, November 29, 2021 2:49 PM To: Esther Gesick <egesick@weldgov.com>; Commissioners <COMMISSIONERS@co.weld.co.us>; Bruce Barker <bbarker@weldgov.com>; Don Warden <dwarden@weldgov.com>; Ryan Rose <rrose@weldgov.com>; Jennifer Oftelie <joftelie@weldgov.com>; Tom Parko Jr. <tparko@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Jason Maxey <jmaxey@weldgov.com> Cc: Cheryl Hoffman <choffman@weldgov.com>; Karla Ford <kford@weldgov.com> Subject: RE: Second Reading Code Ordinance #2021-19 (Chapter 5, Annual Fees) Looks good to me Esther. I don't have any edits. 1 Also attached is a draft ordinance of the changes that need to happen for Section 20-1-80, per this morning's discussion. Please help format and review the edits have all been accounted for.:: Thanks, Elizabeth From: Esther Gesick <egesick@weldgov.com> Sent: Monday, November 29, 2021 1:50 PM To: Commissioners <COMMISSIONERS@co.weld.co.us>; Bruce Barker <bbarker@weldgov.com>; Don Warden <dwarden@weIdgov.com>; Ryan Rose <rrose@weldgov.com>; Jennifer Oftelie <joftelie@weldgov.com>; Tom Parka Jr. <tparko@weldgov.com>; Jay McDonald <jmcdonald@weldgov.com>; Elizabeth Relford <erelford@weldgov.com>; Jason Maxey <jmaxey@weldgov.com> Cc: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>; Karla Ford <kford@weldgov.com> Subject: Second Reading Code Ordinance #2021-19 (Chapter 5, Annual Fees) Hello All, Per this morning's work session, the proposed revisions for a 6 -year implementation of Road Impact Fees is attached for your review (see p. 16/18). Please let me know if you see the need for any edits or corrections in preparation for Second Reading on Monday, December 6th. I am also planning to include the full spreadsheet as backup information scanned into Tyler for public information. Thank you, Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 ii ~ Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. 2 Hello