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HomeMy WebLinkAboutOrd 2006-06 ORDINANCE NO. 06-06 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, ARTICLE 7-10, DEVELOPMENT FEES, AND ADOPTING NEW DEVELOPMENT FEES FOR GENERAL GOVERNMENT, LAW ENFORCEMENT, OPEN SPACE, PARKS AND RECREATION, STREETS, FIRE AND EMERGENCY, AND LIBRARY AND MUSEUM SERVICES, FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA. WHEREAS, the Town received from Red Oak Consulting a written report dated September, 2005, entitled "Town of Fountain Hills Development Fee Study, Final Report" and two written addenda to the report dated December 30, 2005, entitled "Town of Fountain Hills Development Fee Study, Final Report Addendum With State Trust Land" and "Town of Fountain Hills Development Fee Study, Final Report Addendum Without State Trust Land" (collectively the "Development Fee Study") containing the studies and analysis required by ARIz. REV. STAT. § 9-463.05, as amended, for the adoption of new development fees for general government, law enforcement, open space, parks and recreation, streets, fire and emergency, and library and museum services, which Development Fee Study has been released to the public; and WHEREAS, a notice of intention to assess new development fees was given as required by ARIz. REV. STAT. § 9-463.05(C); and iw WHEREAS, a public hearing concerning the adoption of the new impact fees was held in accordance with ARIz. REV. STAT. § 9-463.05(C) on December 13, 2005; and WHEREAS, the Mayor and Council find that the Development Fee Study fully supports the conclusion that the new development fees for general government, law enforcement, open space, parks and recreation, streets, fire and emergency, and library and museum services, fully and fairly offset costs to the Town associated with providing these necessary public services to new development in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, Section 7-10-8, Fees, is hereby amended to read as follows: Section 7-10-8 Fees All new residential and non-residential development in the Town shall be subject to payment of the following development fees: 625728.2 Lir Town Service Unit Fee General Government Residential (1) dwelling $1,000 Non-Residential (2) s.f. $0730 0.639 Law Enforcement Residential (1) dwelling $594 Non-Residential (2) s.f. $0:02 0.380 Open Space Residential (1) dwelling $856 Parks and Recreation Residential (1) dwelling $1,345 Streets Single Family Residential dwelling $988 Multi-Family Residential dwelling $586 Commercial s.f. $0A3 1.392 OFFICE S.F. $0.892 HOTEL S.F. $0.392 MOVIE THEATER S.F. $0.00 Industrial s.f. $04-4 0.089 Fire & Emergency Residential (1) dwelling $139 Non-Residential (2) s.f. $0.089 Library and Museum Residential (1) dwelling $163 (1) Residential includes single and multi-family dwelling units. (2) Non-Residential includes commercial and industrial square footage. 625728.2 2 SECTION 3. That, if prior to July 1, 2006, the Town annexes into its corporate limits ,5 that certain 1,320 acres of real property located immediately north of the current northern 1 boundary of the Town, presently owned by the State of Arizona and commonly referred to as the "State Trust Land", the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, Section 7-10-8, Fees, is hereby amended to read as follows: Section 7-10-8 Fees All new residential and non-residential development in the Town shall be subject to payment of the following development fees: Town Service Unit Fee General Government Residential (1) dwelling $1,000 928 Non-Residential (2) s.f. $0.639 0.581 Law Enforcement Residential (1) dwelling $594 441 Non-Residential (2) s.f. $0.380 0.276 Open Space Residential (1) dwelling $SS( 810 Parks and Recreation Residential (1) dwelling $1,345 1,382 Streets Single Family Residential dwelling $98-8 1,291 Multi-Family Residential dwelling $586 765 Commercial s.f. $3.437 2.081 OFFICE S.F. $1.281 HOTEL S.F. $0.581 MOVIE THEATER S.F. $0.00 Industrial s.f. $0.711 0.062 Fire & Emergency Residential (1) dwelling $-1 9 99 Non-Residential (2) s.f. $0.089 0.062 625728.2 3 Library and Museum Residential (1) dwelling $163 (1) Residential includes single and multi-family dwelling units. (2) Non-Residential includes commercial and industrial square footage. SECTION 4. That the new development fees for general government, law enforcement, open space, parks and recreation, streets, fire and emergency, and library and museum services, adopted pursuant to this Ordinance, shall become effective ninety (90) days after the date of adoption of this Ordinance, in accordance with ARiz. REV. STAT. § 9-463.05(C). SECTION 5. That the development fees adopted herein shall be reviewed by the Town Council not later than two years from the date of this Ordinance. SECTION 6. That if any provision or any portion of any provision of this Ordinance is for any reason held to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, January 19, 2006. FOR THE TO OF FOUNTAIN HILLS: ATTESTED TO: \Ai AU6Ld14 "62/t4-61 W. J. Nicho s, Bevelyn J. Ben er, wn Clerk REVIEW • APPROVED AS TO FORM: • 01, imothy G. ickering Manager Andrew J. McGuire, Town Attorney 625728.2 4