HomeMy WebLinkAbout02/27/2020 - Joint Agenda Packet - City CouncilCollege Station, TX
Meeting Agenda
City Council and Planning and Zoning Commission
Joint Workshop
Larry Ringer Library
1818 Harvey Mitchell Pkwy S.
February 28, 2020 9:00 AM Meeting Room A & B
College Station, TX Page 1
1.Call to Order.
2.Joint Workshop Agenda
Speaker Protocol: An individual who wishes to address the City Council regarding any item on the
Joint Workshop Agenda shall register with the City Secretary prior to the meeting being called to
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their remarks when the timer light changes from yellow to red.
2.1.Presentation and discussion regarding an overview of Impact Fees, to include the Impact Fee
Credit Policy and Collection Rates.
Sponsors:Bryan Woods
Attachments:1.Draft Credit Policy 021420
3.Adjourn.
The City council may adjourn into Executive Session to consider any item listed on the agenda if a
matter is raised that is appropriate for Executive Session discussion.
I certify that the above Notice of Meeting was posted at College Station City Hall, 1101 Texas Avenue,
College Station, Texas, on February 21, 2020 at 5:00 p.m.
City Secretary
This building is wheelchair accessible. Persons with disabilities who plan to attend this meeting
and who may need accommodations, auxiliary aids, or services such as interpreters,
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City Council and Planning and Zoning
Commission
Joint Workshop
Page 2 February 28, 2020
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attempt to provide the necessary accommodations.
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"Pursuant to Section 30.07, Penal Code (Trespass by License Holder with an Openly
Carried Handgun) A Person Licensed under Subchapter H, Chapter 411,
Government Code (Handgun Licensing Law), may not enter this Property with a
Handgun that is Carried Openly."Codigo
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“Conforme a la Seccion 30.07 del codigo penal (traspasar portando armas de mano al
aire libre con licencia), personas con licencia bajo del SubCapitulo H, Capitulo
411, Codigo de Gobierno (Ley de licencias de arma de mano), no deben entrar a esta
propiedad portando arma de mano al aire libre.”
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February 28, 2020
Item No. 2.1.
Impact Fee Credit Policy and Collection Rates
Sponsor:Bryan Woods, City Manager
Reviewed By CBC:City Council
Agenda Caption:Presentation and discussion regarding an overview of Impact Fees, to include the
Impact Fee Credit Policy and Collection Rates.
Relationship to Strategic Goals:
Recommendation(s):
Summary:
Budget & Financial Summary:
Reviewed & Approved by Legal: No
Attachments:
1.Draft Credit Policy 021420
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DRAFT
City of College Station Policies and Procedures for
Obtaining and Applying Credits
Against Roadway, Water and Wastewater Impact Fees
Credit Agreements
A property owner or authorized agent of owner for plat approval (“Applicant”), whose property is subject
to the imposition of impact fees pursuant to College Station Code of Ordinances Chapter 107 for new
development, may be eligible for credits (“Credits”) to offset impact fees otherwise due from the property.
For purposes of this policy, Credits will be considered when an Applicant incurs costs toward the
construction of or contributions toward a capital improvement project listed on the corresponding impact
fee capital improvements plan (“Eligible Capital Improvement”). Credits shall be awarded on a like kind
basis (i.e., credits earned for one type of capital improvement may not be used to offset impact fees for
another type of capital improvement). Costs eligible for Credits (“Eligible Costs”) may include typical
engineering and surveying, construction, right-of way dedication, insurance and surety.
Credits are applicable when verified Eligible Costs combined with assessed impact fees exceed what is
roughly proportional to the development as set out in a written credit agreement (“Credit Agreement”)
which shall be on a form provided by the City. Alternative forms of agreement may be considered upon
petition by the Applicant to City Council.
Credit Agreements will be considered for approval by City Council.
Process and Requirements
An Applicant must apply for Credit against impact fees before impact fee collection. Applicants are
encouraged to submit a request for credit eligibility at the time of preliminary plan application; whereupon
a preliminary determination of Eligible Capital Improvements may be made. The Applicant may file a
request for credit eligibility with the City Engineer when submitting an application for preliminary plan
approval, or if a preliminary plan is not required, at the time of submitting an application for final plat or,
if no final plat is required, at the time of submitting an application for site plan approval or building permit.
The preliminary determination will identify the Eligible Capital Improvements. Specific credit amounts
and credit allocation will be finalized with the subsequent request for Credit, typically at the final plat stage.
1.Preliminary Plan.
Upon request for credit eligibility, the City Engineer will notify the Applicant whether the capital
improvements to be dedicated, constructed, or contributed toward are Eligible Capital Improvements,
and are eligible for Credit at the time of the request.
a.Information Required. Applicant shall provide a request for a credit eligibility determination
to the City that contains the following information:
1)Letter requesting eligibility determination;
2)Identification of the Eligible Capital Improvements to be dedicated, constructed,
or contributed toward, forming the basis for the request;
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3)Preliminary Plan submitted with application for approval; and
4)Additional information as may be requested by the City as necessary in order to
make a determination.
b.Finalizing the Credits. Although a preliminary determination may identify Eligible Capital
Improvements, a request for Credit must be submitted as provided below, and a resultant
Credit Agreement executed on or before final plat recordation.
2.Final Plat.
The Applicant shall submit a request for Credits with the City Engineer at the time of final plat
application. The City Engineer will provide the Applicant, in writing, a decision on Eligible Capital
Improvements and the maximum value of Credits which may be applied to offset impact fees assessed
with the final plat as part of a draft Credit Agreement. The Credit Agreement shall be considered for
approval by the City Council, and shall be executed prior to recordation of the final plat. The Credits
included in the Credit Agreement cannot be applied to the impact fees due until the time of building
permit application for a new development subject to the final plat.
a.Information Required. The Applicant shall provide the following information in order to
determine the maximum value of Credits and process a Credit Agreement:
1)Written request for Credits;
2)Identification of the Eligible Capital Improvements to be dedicated,
constructed, or contributed toward forming the basis for the request;
3)Final Plat submitted with application for approval;
4)For roadway Credits, a College Station Roadway Impact Fee Worksheet shall be
completed demonstrating the Eligible Capital Improvements provided combined
with the roadway impact fees to be assessed are in excess of what is considered
roughly proportionate;
5)For water or wastewater Credits, an approved utility report demonstrating
capacity of the proposed improvements that are beyond the requirement of the
development;
6)Approved construction plans for the proposed Eligible Capital Improvements;
7)Approved construction estimate and/or proof of actual Eligible Costs, as
applicable, by Applicant for the Eligible Capital Improvements;
8)Value of right-of-way dedication for the proposed Eligible Capital
Improvements on the appraisal district’s latest records. In lieu of the appraisal
district’s valuation, an Applicant may, with the City’s approval, provide funds
to the City to perform a market appraisal for the right-of-way to be dedicated;
and
9)Additional information as may be requested by the City as necessary in order to
make a determination.
b.Finalizing the Credits. The Credit Agreement will establish a not to exceed maximum value
of Credits or provide for an allowance in change in Credit amount based upon actual Eligible
Costs, and conditions the Applicant must satisfy to begin receiving credit. Credits shall not
be applied until the Eligible Capital Improvements have been constructed, dedicated and
accepted, or financial guaranteed in a form acceptable to the City and upon verification of
Eligible Costs.
c.Execution of Credit Agreement. The City Engineer will make a recommendation for City
Council consideration. The Credit Agreement must be executed before final plat recordation.
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3.Site Plan or Building Permit.
For projects that do not require platting, the Applicant shall submit a request for Credits with the City
Engineer at the time of application for site plan and/or building permit. The City Engineer will
provide the Applicant, in writing, a decision on Eligible Capital Improvements and the maximum
value of Credits which may be applied to offset impact fees due as part of a draft Credit Agreement.
The Credit Agreement shall be considered for approval by the City Council, and shall be executed
prior to approval of the site plan or building permit. The Credits included in the Credit Agreement
cannot be applied to the impact fees due until the time of building permit application.
a.Information Required. The Applicant shall provide the following information in order to
determine the maximum value of Credits and process a Credit Agreement:
1)Written request for Credits;
2)Identification of the Eligible Capital Improvements to be dedicated,
constructed, or contributed toward forming the basis for the request;
3)Site Plan or Building Permit submitted with application for approval;
4)For roadway Credits, a College Station Roadway Impact Fee Worksheet shall be
completed demonstrating the Eligible Capital Improvements provided combined
with the roadway impact fees to be assessed are in excess of what is considered
roughly proportionate;
5)For water or wastewater Credits, an approved utility report demonstrating
capacity of the proposed improvements that are beyond the requirement of the
development;
6)Approved construction plans for the proposed Eligible Capital Improvements;
7)Approved construction estimate and/or proof of actual Eligible Costs, as
applicable, by Applicant for the Eligible Capital Improvements;
8)Value of right-of-way dedication for the proposed capital improvements on the
appraisal district’s latest records. In lieu of the appraisal district’s valuation, an
Applicant may, with the City’s approval, provide funds to the City to perform a
market appraisal for the right-of-way to be dedicated; and
9)Additional information as may be requested by the City as necessary in order to
make a determination.
b.Finalizing the Credits. The Credit Agreement will establish a not to exceed maximum value
of Credits or provide for an allowance in change in Credit amount based upon actual Eligible
Costs, and conditions the Applicant must satisfy to begin receiving credit. Credits shall not
be applied until the impact fee-related improvements have been constructed, dedicated and
accepted, or financial guaranteed in a form acceptable to the City and upon verification of
Eligible Costs.
c.Execution of Credit Agreement. The City Engineer will make recommendation for City
Council consideration. The Credit Agreement must be executed before site plan or building
permit approval.
Relationship to Proportionality Appeal
An appeal, undertaken by an Applicant seeking to contest a dedication or construction requirement imposed
under the City’s Unified Development Ordinance pursuant to Section 3.2-J on grounds of rough
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proportionality, normally should be determined prior to execution of any impact fee Credit Agreement. The
City Engineer in submitting a response to a proportionality appeal shall take into account the eligibility of
the facilities which are the subject of the appeal for impact fee Credits and shall preliminarily estimate the
amount of such Credits due the Applicant. Such preliminary determination shall not ultimately affect the
amount of Credits included in an impact fee Credit Agreement which is based on verified costs.
Changes in Impact Fee
1.Roadway, water and/or wastewater impact fees shall be assessed against new developments subject to
the approval of final plat, replat, or development plat in accordance with applicable law.
2.The impact fees to be charged against a new development, subject to Credits and collection rate, are
those in effect at the time a building permit is issued,
3.Following assessment of impact fees, no additional impact fees or increases shall be assessed unless
the number of service units increases.
Method of Applying Credits
A request for Credits does not automatically entitle the Applicant to such Credits without entering into and
successfully performing under a Credit Agreement. The Credit Agreement may be issued prior to
construction and may be conditioned upon certain Eligible Capital Improvements being constructed,
dedicated and accepted by the City. Credits shall not be applied until the Eligible Capital Improvements
have been constructed, dedicated and accepted, or financial guaranteed in a form acceptable to the City and
upon verification of costs.
1.Retention of Credit Agreement. A fully approved and executed Credit Agreement should be kept
by the City with the file for the associated final plat as applicable.
2.Credit Pool. The total verified costs of Eligible Capital Improvements contributed by the Applicant
for a subdivision shall constitute the initial Credit Pool associated with a recorded final plat.
3.Application of Credits Against Impact Fees Due. City shall apply Credits against the impact fees
due until the Credit Pool has been exhausted. The method for distribution of Credit among service
units shall be set forth in the Credit Agreement from one of the following options:
a.First-come first served. Credit applied for the first building permit subject to the recorded final
plat, and thereafter, against impact fees due for each building permit subsequently issued;
b.Prorated. Credits may be prorated equally among all projected service units relating to the new
development. Any increase in service units from what was projected and which result in an
increase in the amount of impact fee assessed shall result in an adjustment to such prorated
distribution of credit. Prorated distribution of credit will be set forth in the Credit Agreement
and adjustments to same must also be in writing by issuance of a new Agreement or
Amendment to Agreement; or
c.Allocation Plan. If set forth in a Credit Agreement, allocation of credits for new development
may be applied, setting forth the timing and collection of impact fees and credits.
4.Expiration of Credits. Unused Credits associated with a property expire ten (10) years after the date
of the Credit Agreement unless such Credits are formally extended in accordance with the
Agreement.
5.Transfer of Credits Prohibited. Credits associated with a property cannot be transferred to different
land, unless the land is subject to a multi-phase Credit Agreement that provides for such transfer.
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6.Types of Credits. Credits may not be transferred between different types of impact fees, i.e.,
roadway Credits apply only to roadway impact fees and may not be applied to water or wastewater
impact fees, and so on.
7.No Retroactive Application. No Credits shall be applied against impact fees which have already
been previously collected.
Redevelopment
Capacity for existing uses may also be eligible for credit. Only uses within period from date of impact fee
adoption may be considered. City staff may approve these minor Credits related to redevelopment without
a Credit Agreement approved by City Council as set out below:
1.Existing Trip Generation. Vehicle-Miles associated with existing land uses may be applied as a
Credit towards the amount of roadway impact fee due.
2.Existing water capacity. Existing water meters associated with a property may be applied as a
Credit towards the amount of water impact fee due.
3.Existing wastewater capacity. Existing water meters associated with a property may be applied as
a Credit towards the amount of wastewater impact fee due.
Multi-Phase Subdivisions
1.Multi-phase Subdivisions. Where an Applicant proposes a preliminary plan for a multi-phase
subdivision that includes Eligible Capital Improvements in one or multiple phases, the Applicant
may request the City Engineer identify the Eligible Capital Improvements associated with the
proposed preliminary plan that are eligible for Credits against impact fees otherwise due. The
Applicant may apply for a Credit Agreement in accordance with this policy at the time of
application for the final plat for the first phase of the approved preliminary plan for which the
Applicant contributes Eligible Capital Improvements.
2.Multi-phase Subdivision Addendum. When an Applicant proposes a subsequent final plat for a
multi-phase subdivision, the Applicant may apply for an addendum to the original Credit
Agreement. If agreed to by the City, the verified Eligible Costs of the Eligible Capital
Improvement(s) may be applied to reduce impact fees due for lots or uses subject to an earlier or
later phase of the subdivision. As additional phases of the subdivision are finally platted, the
amended Credit Agreement for the subdivision may be further amended by additional addenda
containing like provisions.
3.Multiple Approved Final Plats. Where the original Credit Agreement applies to more than one
approved final plat for a multi-phase subdivision, the verified Eligible Costs of all Eligible Capital
Improvements dedicated, constructed and accepted by the City may be credited against impact fees
due for any lots or uses within such phases.
4.Credit Improvements by Phase. As Eligible Capital Improvements are dedicated, constructed and
accepted by the City for each additional phase of a multi-phase subdivision, the verified Eligible
Costs of such Improvements shall be added to the Credit Pool once an addendum to the original
Credit Agreement for the subdivision is executed.
5.Credits Applied to Subsequent Phases. Excess Credits obtained through contributions of Eligible
Capital Improvements for prior recorded phases of a multi-phase subdivision may be used to reduce
impact fees due for new developments in subsequently approved phases of the subdivision.
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Replats
1.If land subject to a final recorded plat is replatted, a new determination will be made at the time the
replat is recorded in accordance with Chapter 107. Unused Credits created by a Credit Agreement may
be used to reduce the impact fees for new development subject to the replat.
2.If additional Eligible Capital Improvements are contributed by an Applicant as a condition of approval
of the replat, the verified costs of such improvements may result in new additional Credits to be added
either as an addendum to an existing Credit Agreement or reflected in a new Credit Agreement.
Cost Participation by the City
Nothing herein prevents the Applicant and City from entering into a participation agreement for one or
more Eligible Capital Improvements. In such event, the amount of the City’s participation shall be
subtracted from the verified costs of Eligible Capital Improvements when determining eligibility for
Credits.
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