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HomeMy WebLinkAboutOrd 2001-02 tiry TOWN OF FOUNTAIN HILLS ORDINANCE 01-02 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS BY AMENDING SECTION 7-10-8, TO PROVIDE FOR THE IMPOSITION OF A TOWN MARSHAL DEVELOPMENT FEE ON ALL NEW NON- RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING PERMIT ISSUANCE TO PROVIDE FOR NECESSARY COMMUNICATIONS SYSTEMS AND PATROL AND OTHER VEHICLES TO SERVE PROJECTED DEMAND RESULTING FROM NEW NON-RESIDENTIAL DEVELOPMENT OVER THE PERIOD 2000 TO 2020 AT THE LEVEL OF SERVICE (LOS) STANDARD CURRENTLY BEING PROVIDED IN THE TOWN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Fountain Hills retained Rick Giardina & Associates and, by association, BBC Research & Consulting (hereinafter the "Consultants") to analyze and assess growth and development projections for the period 2000 to 2020 to determine the additional demand for Town Marshal facilities, equipment and vehicles anticipated to be placed on the Town; and WHEREAS, the Consultants additionally reviewed the existing demand for Town Marshal facilities, the existing public safety facilities available to meet that demand and the method of L financing the existing Town Marshal facilities,equipment and vehicles; and WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) but different demand generators for Town Marshal facilities and vehicles to derive appropriate proportionate share factors for residential (per capita) and non-residential development; and WHEREAS, the development projections for the Town indicate: (1) that population will increase from approximately 20,500 persons in 2000 to more than 28,000 persons in the year 2020; (2) that housing units will increase from approximately 10,098 in 2000 to approximately 14,182 in the year 2020; (3) and that non-residential floor area will increase from approximately 1.17 million square feet in 2000 to more than 2.4 million square feet in the year 2020; and WHEREAS, the types of public facilities that are included in this development fee cover Town Marshal communications systems and vehicles and; WHEREAS, the Town Marshal Development Fee calculation methodology is an "incremental expansion" of cost method based on the public facilities and services needed to maintain the existing level of Town Marshal services to existing Town residents; and Ordinance 01-02 Page 1 of 4 WHEREAS, the proportionate share level of service (LOS) standards used to maintain the ratio of Town Marshal facilities and services to residents and to non-residential development used the Town Marshal Development Fee calculation methodology is 93% residential demand and 7% non-residential demand; and WHEREAS, the resultant cost per residential dwelling unit is $32.00 and $0.02 per square foot for Commercial/Industrial (non-residential development); and WHEREAS, the projected revenue from the Town Marshal Development Fee is anticipated to be supplemented by non-development funding by the Town; and WHEREAS, the Consultants have prepared a Development Fee Study (September 26, 2000) including the Town Marshal Development Fee assumptions, residential and non-residential development projections, capital improvements and development fee calculations, which Study has been submitted to and reviewed by Town staff and officials; and WHEREAS, the Development Fee Study has been presented to, and reviewed by, the Mayor and Common Council of the Town, which has determined: (1) that the Town Marshal Development Fee is necessary to offset the costs associated with meeting future Town Marshal facilities and service demand pursuant to the development projections; (2) that the Town Marshal Development Fee bears a reasonable relationship to the burden imposed upon the Town to provide new Town Marshal facilities and services to new residents, employees and businesses and provides a benefit to such new residents, employees and businesses reasonably related to the Town Marshal Development Fee, per capita and per vehicle trip; (3)that an "essential nexus" exists between the projected new residential and non-residential development and the need for additional Town Marshal facilities to be funded via the Town Marshal Development Fee; and (4) that the amount of the Town Marshal Development Fee is "roughly proportional" to the pro rata share of the additional Town Marshal facilities needed to provide adequate Town Marshal services to new residential and non-residential development, while maintaining the existing level of service (LOS) standard currently provided to Town residents, employees and businesses; and WHEREAS, the Town currently does not have a Town Marshal Development Fee for non-residential development in place; and WHEREAS, the Town has prepared and released to the public with at least thirty (30) days advance notice, a written report including all documentation that support the imposition of the Town Marshal Development Fee; and WHEREAS, the Town has conducted a public hearing on the proposed Town Marshal development fee at least thirty (30) days after the expiration of the notice of intention to impose new or increased development fee and at least fourteen (14) days prior to the scheduled date of adoption of the new development fee by the Mayor and Common Council; and err Ordinance 01-02 Page 2 of 4 (kor WHEREAS, the Town Marshal Development Fee adopted pursuant to this Ordinance shall not be effective until at least ninety (90) days after its formal adoption by the Mayor and Common Council of the Town. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS: SECTION 1. That Section 7-10-8 of the Town Code is hereby amended to impose a Town Marshal - Development Fee on all new non-residential development in the Town. SECTION 2. That as of the effective date of this Ordinance, Section 7-10-8 of Chapter 7 of the Town Code of the Town of Fountain Hills shall read as follows (Language to be added is shown as double-underlined and any language to be deleted is shown as gut): Section 7-10-8. TOWN MARSHAL DEVELOPMENT FEE. A. All new residential and non-residential development in the Town of Fountain Hills shall be subject to the payment of a Town Marshal Development Fee payable at the time of building permit issuance by the Town, pursuant to this Ordinance and the Development Fee Procedural Ordinance(Ordinance 00-21) as follows: Residential Development Per Dwelling Unit Per single-family dwelling unit $32.00 Per multi-family dwelling unit $32.00 Non-Residential Development Per Sq. Ft. Commercial $0.00$0.02 Industrial $0.00$0.02 SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause,phrase or portion of this Ordinance is,for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective at 12:01 a.m. on April 19, 2001 (the ninety-first (9151) day) following its adoption by the governing body of the Town of Fountain Hills. Ordinance 01-02 Page 3 of 4 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 18th day of January, 2001. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: OtkiI4L2 Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk REVIEW BY: APPROVED AS TO FORM: 7( 49eatev.ir, aul Nor in,Town Manager William E.Farrell,Town Attorney L, Ordinance 01-02 Page 4 of 4