HomeMy WebLinkAbout2024 Ordinance No. 027
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ORDINANCE COUNCIL BILL NO. 20
NO. 27 INTRODUCED BY COUNCIL
SERIES OF 2024 MEMBER NUNNENKAMP
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL
CODE TO CREATE TITLE 4 CHAPTER 9 CONCERNING
DEVELOPMENT IMPACT FEES
WHEREAS, development impact fees are a one-time payment imposed on
developments that must be used solely to fund growth-related capital projects affected by
the increased demand on City facilities and services; and
WHEREAS, C.R.S. § 29-20-104.5 authorizes the collecting of development
impact fees for new capital facilities needed to serve new development; and
WHEREAS, C.R.S. § 29-20-104.5 provides that development impact fees must
be legislatively adopted generally applicable to a broad class of property and no greater
than necessary to defray impacts on capital facilities caused by development; and
WHEREAS, the City commissioned TischlerBise to conduct a comprehensive
study of development impact fees and to determine the appropriate fees needed to fund
capital expenditures within the City; and
WHEREAS, TischlerBise issued an Impact Fee Study report dated October 10,
2023, which set forth reasonable methodologies and analyses for determining the amount
of the development impact fees that should be imposed (hereafter “the TischlerBise
study”, which is incorporated by reference as if fully set forth herein); and
WHEREAS, the TischlerBise study identified the need to increase the
development impact fees that the City currently charges; and
WHEREAS, proposed and projected development within the City necessitates
increased capacity for the City’s Police, Parks and Recreation, and other public services;
and
WHEREAS, there is both a rational nexus and rough proportionality between
development impact fees established by this Ordinance and the impacts created by new
development within the City, as established by the TischlerBise study and as presented to
City Council on November 6, 2023, December 11, 2023, January 8, 2024, and April 22,
2024, the materials and video presentations from which are incorporated by reference;
and
WHEREAS, it is in the best interests of the City to establish the amount of
development impact fees on new developments and redevelopment of existing
development for the expansion of public services, to ensure that new development and
redevelopment bears the cost of required service expansion attributable to it.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Declaration of policy. It is hereby declared to be the policy of the City of
Englewood that development impact fees shall be required wherever new development or
redevelopment causes a need for the capital expansion of public services. It is the purpose
of this Ordinance to require the payment of development impact fees whenever new
developments are constructed or existing developments are converted to a more intensive
use, to compensate the City for services necessitated by the development. Municipal Code
provisions created herein shall be interpreted and applied pursuant to this declaration of
policy.
Section 2. Amendment of Title 4. Title 4, Chapter 9, Section 1 to the Englewood
Municipal Code is hereby created to read as follows (new provisions underlined):
CHAPTER 9 – DEVELOPMENT IMPACT FEES
4-9-1 Development Impact Fees.
A. No building permit shall be issued for a Single Family, Multi-Family, Industrial,
Commercial, or Office/Services Development or Redevelopment for new construction,
additions to an existing non-residential Development, an increased number of Dwelling
Unit(s), or Change of Use from one development type to another prior to payment of the
following development impact fees to fund capital improvements identified in the City’s
capital improvement plan:
1. Police services;
2. Parks and recreation services; and
3. Multimodal transportation improvements.
B. Regulations.
1. No certificate of occupancy shall be issued until all development impact fees
are paid.
2. No credit or refund shall be given for paid development impact fees.
3. City Council shall establish the amount of development impact fees to ensure
a rational nexus and rough proportionality between the fee and the
development type’s impacts, except the City Manager’s designee may waive
or reduce fees for affordable housing projects.
C. Definitions.
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1. Commercial: Establishments primarily selling merchandise, eating/drinking
places, and entertainment uses, including shopping centers, supermarkets,
pharmacies, restaurants, bars, nightclubs, automobile dealerships, movie theaters,
and hotels.
2. Industrial: Establishments primarily engaged in the production, transportation, or
storage of goods, including manufacturing plants, distribution warehouses,
trucking companies, utility substations, power generation facilities, and
telecommunications buildings.
3. Multi-Family: A structure or Development containing two or more Dwelling
Units, including duplexes, apartments.
4. Office/Services: Establishments providing management, administrative,
professional, or business services, including banks, business offices, medical
offices, and veterinarian clinics.
5. Single-Family: A single Dwelling Unit either detached from any other Dwelling
Unit with open space on all sides, or attached to another Dwelling Unit(s) with
one or more dividing or common walls extending from ground to roof separating
it from adjoining structures, including a townhouse, row house.
6. Other terms shall have the same meaning as defined elsewhere in this Code,
including in Title 16 Unified Development Code.
D. Administration.
1. The entire City may be considered to be a single service area for purposes of
calculating, collecting, and expenditure of development impact fees.
2. Development impact fees shall be used only to expand, improve, or construct
capital improvements, facilities, or equipment with an expected service life of five
(5) years or longer. Such fees shall not fund routine maintenance or replacement
of existing equipment or facilities, or personnel.
3. The City shall maintain a development impact fee account for each category of
fee imposed, to separately track funds into and out of each account.
4. The City Manager’s designee may adopt regulations to interpret or implement this
section.
Section 3. Fee Amount Established
The development impact fees created by this Ordinance shall be included in the City of
Englewood Comprehensive Schedule of Fees and Rates and shall initially be set as follows:
Residential Development Fees per Unit
Development Type Parks and Police Multimodal Total
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Recreation Transportation
Single Family $777 $31.88 $1317.40 $2126.28
Multi-Family $490.70 $20.12 $634.20 $1145.02
Nonresidential
Development
Fees per 1,000 Square Feet
Development Type Parks Police Multimodal
Transportation
Total
Industrial $0 $9.11 $562.10 $571.21
Commercial $0 $46.76 $2891 $2937.76
Office/Services $0 $20.92 $1283.80 $1304.72
City Council may revise these initial fees by any official action, including by motion,
resolution, or ordinance.
Section 4. General Provisions
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall
be treated and held as still remaining in force for the purposes of sustaining any and all
proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or
order which can or may be rendered, entered, or made in such actions, suits, proceedings,
or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that
it is promulgated for the health, safety, and welfare of the public, and that this Ordinance
is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
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E. Publication. Publication of this Ordinance may be by reference or in full in the
City’s official newspaper, the City’s official website, or both. Publication shall be
effective upon the first publication by either authorized method. Manuals, Municipal
Code, contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro
Tem is hereby authorized to execute the above-referenced documents. The execution of
any documents by said officials shall be conclusive evidence of the approval by the City
of such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal
Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced and passed on first reading on the 17th day of June, 2024; and on second
reading, in identical form to the first reading, on the 5th day of August, 2024.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of an Ordinance, introduced and passed in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
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