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:
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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.
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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
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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
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