HomeMy WebLinkAbout20161349.tiff Sec . 20- 1 -60 . - Imposition of fee .
A. Obligation to pay fees . Any person or governmental body who causes the commencement of
development within unincorporated Weld County shall be obligated to pay impact fees , pursuant to the
terms of this Chapter. The obligation to pay the fee shall run with the land .
B . Fee schedules . Any person who causes the commencement of development, except those persons
exempted or preparing an Independent Fee Calculation Study pursuant to Section 20- 1 -80 below,
shall pay impact fees in accordance with the fee schedules set by the Board of County Commissioners
by separate Resolution below, which will be adjusted annually for inflation .
Road Impact Fee Schedule
Land Use Type Unit Fee per Unit
Single family detached Dwelling $ 2 , 377 .00
Multi-family Dwelling $ 1, 557 . 00
Mobile home park Pact $ 1,458 .00
Hotel/motel Room $ 1, 373 .00
Shopping in 1 000 s . ft . $ 3 center/commercial 296 .00 q ,
Office 1,000 sq . ft . $ 2, 174 .00
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1 ,000 sq . ft . $ 1, 124 .00
• 1,000 sq . ft . $ 2 , 141 .00
Warehouse 1,000 sq . ft . $ 1,090 .00
Mini -warehouse 1 , 000 sq . ft . $ 454 .00
Agricultural commercial 1,000 sq . ft . $ 696 .00
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Land Use Type Unit Fee per Unit
Single family detached Dwelling $ 666 .00
2016- 1349
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Multi-family Dwelling $494 .00
Mobile home park 12a4 $ 672 .00
Hotel/motel Room $ 304 .00
r— 4
Shopping center/commercial 1,000 sq . ft . $ 637 .00
Office 1 ,000 sq . ft . $ 317 .00
1,000 sq . ft . $ 197 .00
1 ,000 sq . ft . $ 159 .00
Warehouse 1 ,000 sq . ft . $ 71 .00
Mini-warehouse 1 ,000 sq . ft . $ 57 . 00
Agricultural commercial 1 ,000 sq . ft . $ 134 .00
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Land Use Type Unit Fee per Unit
All land uses Sq . ft . of impervious cover * $0 . 10
ay adjacent to the parcel
50 % impervious .
C . Inflation adjustment. On or before April 1st of each calendar year, the Board of County Commissioners
shall consider adjusting each fee amount in this Section by the rate of inflation . The rate of inflation
shall mean the percentage change from the prior calendar year in the United States Bureau of Labor
Statistics Consumer Price Index for Denver- Boulder-Greeley , all items , all urban consumers or its
successor index . Fee changes resulting from an inflation adjustment shall take effect April 1 , of each
year.
D . Fee payment. 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, or if a building permit is not required for the
development use , upon the County' s approval of any development or use that is the last application
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required prior to development or use of the land . 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. More specifically , impact fees for roads and County facilities will be assessed on new
buildings or expansion of buildings , except as described in Subsection E . below, or unless there is an
Independent Fee Calculation Study . Drainage fees are assessed on square feet of impervious cover,
whether buildings or otherwise .
E . Redevelopment or change of use . If the fee is imposed for a development that increases impact
because of a redevelopment, replacement or change in use , the fee shall be determined by computing
the difference in the fee schedule between the new development and the previously existing
development, defined as the most intensive use of the property on or after January 1 , 2002 .
F . Credits . The amount of impact fees due shall be reduced by the amount of any credits due pursuant
to Section 20- 1 -90 below.
G . Any person who , prior to the effective date of this Chapter and as a condition of development approval ,
agreed to pay the types of impact fees required herein , shall be responsible for the payment of the
fees under the terms of any such agreement. To the extent that such payments are for the same types
of facilities covered by the impact fees imposed by this Chapter, credit shall be provided for such
payments pursuant to Section 20- 1 -90 .
H . Administrative appeal . The administrative decision of the Planning Department calculating the fees in
accordance with the fee schedule may be appealed to the Director by filing with the Director, within
ten ( 10 ) days of the date of the written decision , a written position statement stating and specifying
briefly the grounds of the appeal . The only grounds for administrative appeal to the Director is an
appeal of the Land Use Type . The Director shall then have power to affirm or modify the decision of
the Department. The Director shall make written findings of fact and conclusions of law, and apply the
definitions of the land use categories in this Chapter and the provisions of this Section . The applicant
may appeal the decision of the Director to the Board of County Commissioners according to the appeal
procedures set forth in Section 2-4- 10 of this Code . Upon receipt of either the Director' s or Board of
County Commissioners' decision , the applicant may then conduct an Independent Fee Calculation
Study as further described in Section 20- 1 -80 below.
( Weld County Code Ordinance 2011 -2 ; Weld County Code Ordinance 2013 -2 ; Weld County
Code Ordinance 2015-5)
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BOARD OF COUNTY COMMISSIONERS
PASS-AROUND REVIEW/ WORK SESSION REQUEST
RE : Impact Fee Inflation Adjustment
DEPARTMENT : Planning / Finance DATE : March 14, 2016
PERSON REQUESTING : Tom Parko / Don Warden
Brief description of the problem/issue:
Per Section 20- 1 -60 of the Weld County code the Commissioners should (actual language sa s "shall ')
y )
consider adjusting the impact fee schedule .
Sec. 20- 1 -60. Imposition of fee.
B . Fee schedules. Any person who causes the commencement of development, except thosepersons exempted
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or preparing an Independent Fee Calculation Study pursuant to Section 20- 1 -80 below, shalt pay impact fees in
accordance with the fee schedules below, which will be adjusted annually for inflation .
C . Inflation adjustment. On or before April 1st of each calendar year, the Board of County Commissioners shall
consider adjusting each fee amount in this Section by the rate of inflation . The rate of inflation shall mean the
percentage change from the prior calendar year in the United States Bureau of Labor Statistics Consumer Price
Index for Denver-Boulder-Greeley, all items, all urban consumers or its successor index . Fee changes resulting
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from an inflation adjustment shall take effect April 1 , of each year.
What options exist for the Board ? (Include consequences, impacts, costs, etc. of options)
p )
• Adjust the Impact Fees to account for inflation
• Do not adjust the Impact Fees to account for inflation
Recommendation :
Staff recommends that the Board adjust the fees to account for inflation. The inflation adjustment is 1 . 176%
(round up to 1 .2 %) . If the fees are not adjusted on an annual basis, or least every other year, it becomes harder
down the road to implement a substantial one-time increase. The Commissioners authorized a 2 . 7% inflation
adjustment in 2015 .
If the Commissioners approve of the 1 . 2% increase the following changes will be made to the schedule :
Road Impact Fee 2015 (current) 2016 (proposed)
Schedule
Land Use Type Unit Fee per Unit Inflation Adjustment
Single-family detached Dwelling $2,377.00
$2,406.00
Multi-family Dwelling $ 1 ,557.00
$ 1 ,576.00
Mobile home park Pad T $ 1 ,458.00
•
$ 1 ,476.00
Hotel/motel Room $ 1 ,373.00 $ 1 ,390.00
Shopping center/commercial 1 ,000 sq. ft. $3,296.00
$3,336.00
Office 1
1 ,000 sq. ft. $2, 174.002,Zp0,pO
Institutional/quasi-public' 1 ,000 sq. ft. $ 1 , 124.00
$ 1 , 138.00
Manufacturing/industrial 1 ,000 sq. ft. $2, 141 .00 $2, 177.00
Warehouse 1 ,000 sq. ft. $ 1 ,090.00 $1 , 104.00
Mini-warehouse 1 ,000 sq. ft. $454.00
Agricultural $460.00
g commercial 1 ,000 sq. ft. $696.00 r $704.00
County Facilities Impact Fee A
Schedule
Single-family detached Dwelling $666.00 $674.00
Multi-family Dwelling $494.00 $500.00
Mobile home park Pad $672.00 $680.00
Hotel/motel Room $304.00
$308.00
Shopping center/commercial 1 ,000 sq. ft. $637.00 $645.00
Office 1 ,000 sq. ft. $317.00 $321 .00
Institutional/quasi-public I ,000 sq. ft. $ 197.00 $ 199.00
Manufacturing/industrial 1 ,000 sq. ft. $ 159.00 $ 161 .00
Warehouse 1 ,000 sq. ft. $71 .00
$72.00
Mini-warehouse 1 ,000 sq. ft. $57.00
$58.00
Agricultural commercial 1 ,000 sq. ft. $ 134.00 $ 136.00
Drainage Impact Fee
Schedule
All land uses Sq. ft. of impervious $0. 10 $0. 10
cover
Approve Schedule
Recommendation Work Session Other/Comments :
Mike Freeman, Chair Me
Barbara Kirkmeyer ..
%sic.
Sean P. Conway _Mr
Julie Cozad _i: ______
Steve Moreno 4 tit
Cheryl Hoffman
From : Esther Gesick
Sent : Friday , April 15 , 2016 10 : 15 AM
To : Bruce Barker; Wendi Inloes ; Don Warden ; Tom Parko Jr.
Cc : Cheryl Hoffman
Subject : RE : Proposed dates for Ord 2016-06 - Impact Fees ( Chapter 20)
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Bruce,
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Cheryl made your proposed changes this morning and the new version of the Ord will be ready to present for First
Reading on Monday . So , with your " Pending Ordinance" logic could we go ahead and draft the fee changes by
Resolution prior to the Code change so we don' t go too much further far past the 4/ 1/2016 date ? If so, maybe we could
do that on Wednesday ?
Esther E . Gesick
Clerk to the Board
1150 O Street I P . O . Box 758 I Greeley, CO 80632
tel : ( 970 ) 400-4226
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 .
From : Bruce Barker
Sent : Thursday, April 14, 2016 11 : 34 AM
To : Wendi Inloes <winloes@co . weld . co . us>; Don Warden < dwarden@co . weld . co . us>; Tom Parko Jr .
<tparko@co . weld . co . us>
Cc : CTB < CTB@co . weld . co . us>
Subject : RE : Proposed dates for Ord 2016-06 - Impact Fees ( Chapter 20 )
Actually, I suggest best to change the language to "adopt by Resolution " and strike the fee schedule from the Code but
at the same time have a Resolution ready to go to have the Board adopt on the day of the Code change third reading .
Bottom line is wait until June 13th to start charging the increased fees .
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Cheryl Hoffman
From : Bruce Barker
Sent : Thursday, April 14 , 2016 11 : 34 AM
To : Wendi Inloes ; Don Warden ; Tom Parko Jr.
Cc : CTB
Subject : RE : Proposed dates for Ord 2016-06 - Impact Fees ( Chapter 20 )
Attachments : Sec ._20_1 _60 . Imposition_of fee . . docx
Actually, I suggest best to change the language to "adopt by Resolution " and strike the fee schedule from the Code but
at the same time have a Resolution ready to go to have the Board adopt on the day of the Code change third reading .
Bottom line is wait until June 13th to start charging the increased fees .
Ether and Cheryl : The attached will be the Code amendment that will follow that schedule for adoption set forth below .
Bruce T. Barker, Esq .
Weld County Attorney
P . O . Box 758
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1150 " O " Street
Greeley, CO 80632
( 970 ) 356-4000, Ext . 4390
Fax : ( 970 ) 352 -0242
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 attorney privileged and 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 .
From : Wendi Inloes
Sent : Thursday, April 14, 2016 11 : 15 AM
To : Don Warden <dwarden@co . weld . co . us>; Tom Parko Jr. <tparko@co . weld . co . us>
Cc : Bruce Barker < bbarker@co . weld . co . us>
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Subject : RE : Proposed dates for Ord 2016-06 - Impact Fees ( Chapter 20 )
I will wait on this one until June with no retro . So I ' m guessing CTB just needs to take that last date out on the
ordinance with the retro date . Thank you ! !
From : Don Warden
Sent : Thursday, April 14, 2016 10 : 35 AM
To : Tom Parko Jr. <tparko@co . weld . co . us < mailto : tparko@co . weld . co . us> >
Cc : Bruce Barker < bbarker@co . weld . co . us < mailto : bbarker@co . weld . co . us> >; Wendi Inloes <winloes@co . weld . co . us
< mailto : winloes@co . weld . co . us> >
Subject : Re : Proposed dates for Ord 2016-06 - Impact Fees ( Chapter 20 )
Agree
On Apr 14, 2016, at 8 : 35 AM , Tom Parko Jr. <tparko@co . weld . co . us < mailto : tparko@co . weld . co . us> > wrote :
Sounds good Bruce . I think we should also modify the last sentence of Section 20- 1 -60 . C .
Tom Parko, M . A.
Director of Planning Services
Weld County Dept . of Planning Services
1555 N . 17th Avenue
Greeley, CO . 80631
Office : 970-353 -6100, ext 3572
Mobile : 970-302 -5333
< image001 .jpg>
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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 .
From : Bruce Barker
Sent : Thursday, April 14, 2016 9 : 32 AM
To : Don Warden < dwarden@co . weld . co . us < mailto : dwarden@co . weld . co . us> >; Tom Parko Jr.
<tparko@co . weld . co . us < mailto :tparko@co . weld . co . us> >
Cc : Wendi Inloes <winloes@co . weld . co . us < mailto : winloes@co . weld . co . us> >
Subject : FW : Proposed dates for Ord 2016-06 - Impact Fees ( Chapter 20 )
Wendi raised the issue of the timing for the fee increase . The problem is Code says it goes into effect as of April
1st, but our effective date of the Code change will not be until June 13th . I think we can be challenged if we try to
collect that increased fee between April 1 and June 13 . " Pending ordinance doctrine" applies to regulatory changes, not
fee increases . So , I recommend not charging the increased fee until June 13th .
See the changes I recommend for Section 20- 1 -60 . Set the fee schedules by Resolution before April 1st every
year.
Bruce T. Barker, Esq .
Weld County Attorney
P . O . Box 758
1150 " O " Street
Greeley, CO 80632
( 970 ) 356-4000, Ext . 4390
Fax : ( 970 ) 352 -0242
< image004 .jpg>
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 attorney privileged and
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
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taking of any action concerning the contents of this communication or any attachments by anyone other than the
named recipient is strictly prohibited .
From : Wendi Inloes
Sent : Wednesday, April 13, 2016 3 : 51 PM
To : Bruce Barker < bbarker@co . weld . co . us < mailto : bbarker@co . weld . co . us > >
Subject : FW : Proposed dates for Ord 2016-06 - Impact Fees ( Chapter 20 )
From : Cheryl Hoffman
Sent : Thursday, April 07, 2016 4 : 58 PM
To : Wendi Inloes <winloes@co . weld . co . us < mailto : winloes@co . weld . co . us> >; Kristine Ranslem
< kranslem@co . weld . co . us < mailto : kranslem@co . weld . co . us> >; Tom Parko Jr. <tparko@co . weld . co . us
< mailto : tparko@co . weld . co . us> >; Michelle Martin < mmartin@co . weld . co . us < mailto : mmartin@co . weld . co . us> >; Bruce
Barker < bbarker@co . weld . co . us < mailto : bbarker@co . weld . co . us> >; Don Warden <dwarden@co . weld . co . us
< mailto : dwarden@co . weld . co . us> >; Esther Gesick < egesick@co . weld . co . us < mailto : egesick@co . weld . co . us> >
Subject : Proposed dates for Ord 2016-06 - Impact Fees ( Chapter 20 )
Here are some dates :
4/ 18 — 1st reading ( Monday )
4/22 — Send to paper
4/27 — Publish
5/9 — 2nd reading ( Monday)
5/ 13 — Send to paper
5/ 18 — Publish
6/ 1 — 3rd reading ( Wednesday — Monday was a holiday )
6/3 — Send to paper
6/8 — Publish
4/ 1/ 16 — Retroactive Effective date
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Please let me know what you think ! : )
Thanks .
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street ( P . O . Box 758 ( Greeley, CO 80632
email : chewitt@weldgov . com < mailto : chewitt@weldgov . com >
tel : ( 970 ) 336-7215 X4227
< i m a ge005 .j pg>
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prohibited .
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