City Council Minutes 2011 10 18 - Laserfiche WebLink

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City Council Meeting Minutes October 18, 2011 • Page 10 of 17 Mayor Sisk opened the public hearing and requested a staff presentation. City Manager Fleming explained the 2006 study and the impact fee ordinance specify a review should occur every 5 years. The update reviewed the previous study for the Parks and Open Space, Library, Recreation and Transportation impact fees to determine adjustments based on current land use forecasts and future capital facility needs and service levels. He introduced Chris Cullinan with TischlerBise, who was present to make the presentation on the Impact Fee study. Chris Cullinan with TischlerBise presented a PowerPoint presentation on the Impact Fee Study, which was reviewed by the Liaison Committee. The Liaison Committee consisted of 12 members, who held two meetings (February 28 and June 20, 2011) to reviewed all documents and memorandums. The Committee supported the findings of the Impact Fee Study and recommends City Council approval. Impact Fee Requirements • Constitutional foundation "Rational Nexus" —demand, proportionality, benefit • Colorado Revised Statutes 29-20-104.5 • Rational Nexus requirements are echoed in state law • Used to fund expenditures by such local government on capital facilities needed 110 to serve new development How Impact Fees Can and Cannot Be Used • Fee is not a tax • Not a revenue raising mechanism, land use regulation • Establish the impact fee at a level no greater than necessary to defray such impacts directly related to proposed development • No impact fee or other similar development charge shall be imposed to remedy any deficiency in capital facilities that exists without regard to the proposed development Approach to Calculating Impact Fees - Past, Present and Future approach • Best measure of demand created by new development for additional infrastructure capacity • Past (buy-in) • Present— (incremental expansion) • Future (plan-based) • All three methodologies used in City's fees • Level-of-service (LOS) = key concept • "Credits" calculated against impact fees to avoid "double payments" Summary of Changes • • Residential impact fees by number of bedrooms • Improves proportionality of fees