HomeMy WebLinkAbout2001.0104.TCREM.Packet ,�'rAIN of
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to NOTICE OF REGULAR AND EXECUTIVE
ao o SESSION OF THE
�• est19%9 •
that isg'''" FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilman McNeill Vice Mayor Hutcheson
Councilman Wyman Councilman Kavanagh
Councilwoman Fraverd Councilwoman Ralphe
WHEN: THURSDAY, JANUARY 4, 2001
TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION
FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION
WILL BEGIN PROMPTLY AT 6:30 P.M.)
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 E. Palisades, Building B
(fikaw
RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90
It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please
adhere to the following rules of order if you wish to speak:
1.) All citizens wishing to speak must first be recognized by the Mayor.
2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has
had adequate opportunity to discuss the item.
3.) Please stand,approach the microphone and state your name and address after being called on to speak.
4.) All comments must be directed to the Mayor.
5.) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM.
6.) Statements should not be repetitive.
7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
• CALL TO ORDER—Mayor Morgan
• ROLL CALL
•
1.) Pursuant to A.R.S. §38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION for discussion or
consultation with the attorneys of the public body in order to consider its position and instruct its attorneys
regarding the public body's position in pending or contemplated litigation or in settlement discussions
conducted in order to avoid or resolve litigation; specifically MCO Committee v. Town of Fountain Hills
(Referendum), Town of Fountain Hills v. MCO Properties (Eminent Domain); MCO Properties v. Town of
(110, Fountain Hills(Contemplated Litigation regarding the Subdivision Ordinance).
2.) RETURN TO REGULAR SESSION
Town Council Meeting Agenda Regular Session January 4,2001
• CALL TO ORDER—Mayor Morgan
• PLEDGE TO THE FLAG
• INVOCATION—Vice Mayor Sharon Hutcheson
• ROLL CALL
Consent Agenda:
All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one
motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an
item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
*1.) Consideration of APPROVING THE MEETING MINUTES of December 19 and 21, 2000.
*2.) Consideration of RESOLUTION 2001-02 abandoning whatever right, title, or interest the Town has in certain
public utility and drainage easement located along the southerly property line of Plat 505-C, Block 3, Lot 18
(16419 Skyridge Lane) as recorded in Book 158 of Maps, Page 42 records of Maricopa County, Arizona. (Leroy
&Jean Hale)EA00-32
*3.) Consideration of AWARDING THE BID to H&H Construction Inc. in the amount of $67,800 for ADA and
structural improvements to the Town-owned facility currently leased to the Fountain Hills Community Theater.
*4.) Consideration of the INTERGOVERNMENTAL AGREEMENT between the Maricopa County Library District
and the Town of Fountain Hills for full library services for the citizens of the community at the new library facility.
5.) Consideration of APPOINTING seven citizens to the new Community Center Advisory Commission established by
1/4460 the Town Council on October 19,2000 by Resolution 2000-49.
6.) PUBLIC HEARING on new non-residential development fees being considered by the Town.
7.) Consideration of the TEMPORARY USE PERMIT application submitted by Emerald Mesa Villas to allow one
of the existing units at 16107 East Emerald Drive to be used as a sales model for the remaining units.
8.) Consideration of ORDINANCE 01-01 amending the Fountain Hills Town Code, Chapter 12, Traffic, Article 12-
1, Administration, Section 12-2-2, Traffic Control Devices; Speed Limits, by amending Paragraph C of said
section to reflect a decrease in the speed limit on Fountain Hills Boulevard beginning 200 feet south of Crystal
Point Drive northward to Palisades Boulevard from 45 mph to 35 mph.
9.) DISCUSSION of the proposed Special Event Policy. Staff will answer questions regarding the policy and receive
comment from the Council and the public prior to preparing the final ordinance for adoption.
10.) CALL TO THE PUBLIC.
Pursuant to A.R.S.§38-431-01(G),public comment is permitted (not required)on matters not listed on the agenda but must be within the jurisdiction of
the Council. All comment is"subject to reasonable time,space and manner restrictions"and the Council will not discuss or take legal action on matters
raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,
individual Council members may respond to criticism,ask staff to review a matter or ask that a matter be put on a future agenda.
11.) ADJOURNMENT. It T this 3rd day of January,2001.
etujciL_Cassie B. Hansen,Director of Administration/Town Clerk
L.ie Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003(voice)or 1-800-367-8939(TDD)48
hours prior to the meeting to request a reasonable accommodation to participate in this meeting.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
Town of Fountain Hills Page 2 of 2 Last printed 01/03/01 4:12 PM
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In Memotero ce
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO
Date: 01/04/01
Re: AGENDA UPDATES FOR THE 1/4/01 COUNCIL MEETING
This"mini—packet"includes the following:
REVISED AGENDA:
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Mr. Farrell add "i'i`�e ve session at 5:30 p.m. to discuss the various litigation items between the
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To ndNM i rtie ; Su ,making arrangements for something edible to be available.
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old agenda ;;itemr #2,-regarding yt reZ Heritage Grant resolution, was removed and will appear on the
; s a nary"1$"agenda. fiPleas see the enclosed memo from Bryan regarding this rescheduled item.
l Agenda sitem -g regarding the speed reduction on Fountain Hills Boulevard, has been reworded to reflect
la the`ordin uaget to approve the change. A copy of the ordinance is included.
` her+ is°no additional written material for the special event item but Mr. Farrell will verbally cover staff's
current thoughts`regarding the poky';
r•'
ftt t t„
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Page 1 of 1 January 4,2001 Agenda Update Last printed 01/04/01 11:55 AM
01/04/01
MEMORANDUM
(60, TO: THE H'I 1 RAB MAYOR AND TOWN COUNCIL
FROM: PAUL L. �/, ' / TOWN MANAGER
DATE: DECEMB ' ' ', 20 0
RE: MANAGER'S REPORT FOR THE JANUARY 4TH COUNCIL
MEETING
REMINDERS:
A second special council session to interview eight of the seventeen Community Center
Advisory Commission applicants is scheduled for 4:00 p.m. on Tuesday,January 2nd, in
Building A.
In observance of the New Year's holiday, Town Hall will be closed on Monday, January
1st. HAPPY NEW YEAR TO ALL!
One public hearing is scheduled on this agenda.
(//tio CONSENT AGENDA:
There are five items on the consent agenda. Please review each item and contact me
should you determine any should be removed.
AGENDA ITEM#6 - APPOINTMENT OF SEVEN CITIZENS TO THE
COMMUNITY CENTER ADVISORY COMMISSION:
Mayor Morgan will appoint seven members to the new Community Center Advisory
Commission, subject to the approval of the Town Council. A copy of Resolution 2000-49,
approved by the Town Council on October 19th, is attached for your reference.
AGENDA ITEM#7 - PUBLIC HEARING ON COMMERCIAL DEVELOPMENT
FEES:
A public hearing is on the agenda to receive comments regarding the Town's consideration
of new non-residential (commercial and industrial) development fees. This hearing is
required after a posted 30-day notice period. If this hearing is held and closed on January
4th, the next step would be Council consideration at the January 18th council meeting. If
the fees are adopted on January 18th, they would become effective on April 19, 2001.
Please see Jeff's attached memo.
(lbw
Manager's Report
January 4,2001 Council Meeting
Page 1 of 2
AGENDA ITEM#8 - TEMPORARY USE PERMIT/EMERALD MESA VILLAS:
Council will review Emerald Mesa Villas' request for a temporary use permit to allow one
of the existing units to be used as a sales model at 16107 East Emerald Drive. We have
received one letter of protest; therefore, this request is on the agenda for your
consideration. Jesse's report is attached.
AGENDA ITEM#9 - CONSIDERATION OF SPEED LIMIT REDUCTION ON
FOUNTAIN HILLS BOULEVARD:
This item has been brought before you at the request of Councilman Wyman (Chairman)
and the members of the Traffic Standards Committee. A speed limit reduction of 10 mph,
from 45 mph to 35 mph, has been recommended on Fountain Hills Boulevard beginning
200 feet south of Crystal Point Drive north to Palisades Blvd. It should be noted that
members of our law enforcement departments have recommended that the speed limit
reduction begin at the Ironwood Drive 3-way stop intersection. Please see Tom's enclosed
memo.
AGENDA ITEM# 10 - DISCUSSION ON PROPOSED SPECIAL EVENT POLICY:
Council will discuss the proposed special event policy that was previously discussed at the
December 7th council meeting. This item is scheduled to provide further opportunity to ask
staff questions and allow the public to comment. Cassie's memo is attached.
(kw,'
Town Manager's Report
January 4,2001 Council Meeting
Page 2 of 2
RESOLUTION 2000-49
(kw A RESOLUTIONOF O THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS IN ESTABLISHING A COMMUNITY CENTER
ADVISORY COMMISSION AND PROVIDING FOR ITS MEMBERSHIP,
OFFICERS,DUTIES, MEETINGS,AND CONDUCT OF BUSINESS:
Whereas, the new Fountain Hills Community Center will become a vital
component of the Town's downtown area, providing a multi-use facility for all residents;
and
Whereas, citizen involvement and input is essential to the success of local
government and its community projects; and
Whereas, a citizen commission would provide an excellent mechanism to receive
input from Fountain Hills citizens, insuring the success of the new Community Center and
maximizing its usefulness to the community; and
Whereas, the Fountain Hills Town Council desires to establish a Community
Center Advisory Commission; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS THAT THE FOUNTAIN
HILLS COMMUNITY CENTER ADVISORY COMMISSION IS HEREBY
kof ESTABLISHED; AND, BE IT FURTHER RESOLVED THAT THE RELATIVE
FUNCTIONS AND OPERATIONS OF THIS COMMISSION ARE HEREBY
ESTABLISHED AS FOLLOWS:
Section 1. Established
The Community Center Advisory Commission of the Town of Fountain Hills is
hereby established.
Section 2. Membership
A. The Community Center Advisory Commission shall be comprised of a total of
seven members who are residents and registered voters of the Town. All residents
interested in serving on the Commission shall make application to and agree to be
interviewed by the Town Council in executive session. The members of the
commission shall be appointed by the Mayor, subject to the approval of the Town
Council. Appointments are for a period of two years each, with the terms of
members so staggered that terms of no more than four members expire in the same
year. Initial appointments will be for three members with terms beginning on
January 1, 2001, and expiring on December 31, 2001 and four members with terms
beginning on January 1, 2001 and expiring on December 31, 2002. Thereafter, all
members will be appointed for full two-year terms. Three successive unexcused or
* Lew
Resolution 2000-49
Page 1 of 3
unexplained absences from any regular or special meeting shall be grounds for
Ltermination at the will and pleasure of the Council.
B. All members shall serve without pay. However, members of said commission may
be reimbursed for actual expenses incurred in connection with their duties upon
authorization or ratification by the commission and approval of such expenditures
by the Town Manager.
Section 3. Officers
The commission shall elect a chair and vice-chair from among its own members,
who shall serve for one year and until their successors are elected and qualified. The chair
shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the
head of any similar organization. The vice-chair shall perform the duties of the chair in the
latter's absence or disability. Vacancies created by any cause shall be filled for the
unexpired term by a new election.
Section 4. Duties
The Community Center Advisory Commission shall, at all times, act with and
through the Community Center Director who will insure that all recommendations and/or
concerns are relayed to the Town Council. The duties of the Commission include:
(kimr. A. Research, study and discuss specific issues, with both short and long-term
implications, that relate to the utilization of the Community Center.
B. Assist the Community Center Director in formulating a set of policies and
procedures, a manual of rules and regulations, and appropriate rental
agreements to guide the planning and holding of successful events in the
Community Center.
C. Act as a liaison for the residents and local organizations that use the
Community Center, relaying suggestions, concerns, problems and ideas to the
Community Center Director.
D. Assist the Director in maximizing the utilization of the Community Center,
satisfying the facility needs of Fountain Hills' residents while promoting the
commercial potential of the facility.
E. Assist the Director in formulating recommendations to the Town Council
regarding Community Center use and policy issues.
Section 5. Removal from Office; Filling of Vacancies
(kw
Resolution 2000-49
Page 2 of 3
A. The Council may remove any member of the Community Center Advisory
Commission from office at any time.
B. Any vacancies in the Community Center Advisory Commission, from whatever
cause arising, shall be filled by appointment by the Mayor and Council. Upon a
vacancy occurring, leaving an unexpired portion of a term, any appointment to
fill such vacancy shall be for the unexpired portion of said term.
Section 6. Conduct of Business
Four members shall constitute a quorum. The affirmative vote of four members
shall be required for passage of any matter before the commission. In this connection, the
minutes of the meetings shall reflect the "ayes" and noes" cast on a particular measure and
shall reflect the vote of each member present. A member may abstain from voting only
upon a declaration that he or she has a conflict of interest, in which case such member shall
take no part in the deliberations on the matter in question.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of
Fountain Hills,this 2nd day of November 2000.
FOR T TOWN OF UNTAIN HILLS: ATTESTED TO:
(ja-JA—c_' /6/klet
Sharon Morgan, Mayor Cassie Hansen, Town Clerk
REV D BY: APPROVED AS TO FORM:
. din, Town Manager William E. Farrell, Town Attorney
L
Resolution 2000-49
Page 3 of 3
41*VN�1
‘49,44
MEMORANDUM
-i n., 0
° Parks & Recreation Department
that is AiOr
TO: Honorable Mayor and Town Council
FROM: Bryan C. Hughes, Deputy Director of ecrea ion
DATE: January 3, 2001
RE: Resolution for the 2001 Heritage Grant Application
On December 11, 2000, the Parks & Recreation Commission approved the Four Peaks
Neighborhood Park Phase II project for the 2001 Arizona State Parks Heritage Grant
Application. Subsequently, this item was placed on the January 4th Council agenda as a
consent item.
In addition to a resolution approving the Arizona State Parks Heritage Grant Application, it
is necessary for Council to approve the project master plan in order for Staff to proceed.
Therefore, Staff respectfully requests that the approval of Resolution 2001-01 be removed
from the 1/4/01 Council agenda until Staff can bring the Four Peaks Neighborhood Park
master plan to the Council for approval.
Staff would like to do a formal presentation on the Four Peaks Neighborhood Park master
plan at the 1/18/01 meeting prior to your consideration of Resolution 2001-01.
If awarded, the Heritage Grant could provide up to $560,000 to the Town to develop this
project. Staff looks forward to presenting the master plan to Council and your subsequent
approval allowing us to move forward with this project.
L
(kby MEMORANDUM Chron
TO: Honorable Mayor and Town Council
FROM: Art Cande ia, Ci it Engineer , �
REVIEWED: Thomas L. W rd, I -rim Town Engin
THROUGH: Paul L. Nor f , Ti, Manager
DATE: December 7, 2001
RE: Easement Abandonment 00-32; Resolution 2001-02
16419 Skyridge Lane
Plat 505-C, Block 3, Lot 18
Jean & Leroy Hale
This item on the Town Council's agenda is a proposal to abandon the ten (10)foot public
utility and drainage easements located at the southerly property line of Lot 18, Block 3,
Plat 505-C, (16419 Skyridge Lane) as shown in Exhibit "A". The property owners of Lot 18
desires the assurance that any future improvements made to the lot will not be infringed
(tbr upon by the construction of utilities. Staff has received no comments to date from the
adjacent property owners. The westerly 20' of the southerly 10' public utility easement will
be retained for existing and potential future utility boxes.
The Engineering Department has reviewed the site to ascertain any drainage issues in
addition to the Town's general interest in the easement. It is the professional opinion of
the Engineering Department that there is no need for the Town to retain the drainage
easement proposed to be abandoned, with the understanding that certain lots within this
subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 18 are
required to pass the developed flows generated by the upstream lots across their
property.
All affected utility companies have been notified of this abandonment proposal and
have approved of the proposed abandonment of this public utility easement.
Staff recommends adoption of Resolution 2001-02.
cc: Jean &Leroy Hale
Jack Kline
D. Grahek& C. Callin
M/M Franklin
L
G:\Easement Memo\EA00-32;Plat 505-C.Blk 3,Lot 18 16419 Skyridge lane(Hale)
When recorded, return to:
Engineering Department
Town of Fountain Hills
P.O. Box 17958
Fountain Hills, AZ 85269
RESOLUTION 2001- 02
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 18, BLOCK
3, OF PLAT 505-C, FOUNTAIN HILLS, ARIZONA, AS RECORED IN BOOK 158 OF
MAPS,PAGE 42,RECORDS OF MARICOPA COUNTY,ARIZONA.
WHEREAS. The Town Council of the Town of Fountain Hills, as the governing body of real
property located in the Town of Fountain Hills, may require the dedication of
public streets, sewer, water, drainage, and other utility easements or rights-of-way
within any proposed subdivision; and
WHEREAS. The Town Council of the Town of Fountain Hills has the authority to accept or
reject offers of dedication of private property by easement, deed, subdivision, plat
or other lawful means, and
. Allpresent utilitycompanies have received notification WHEREAS pof the proposed
abandonment.
NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of
Fountain Hills, Arizona as follows:
SECTION 1. That the certain ten (10) foot public utility and drainage easements, located along
the southerly property lot line of Plat 505-C, Block 3, of Lot 18, Fountain Hills,
Arizona; as shown in Exhibit "A"; as recorded in book 158 of maps, page 42
records of Maricopa County, Arizona; are hereby declared to be abandoned by the
Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-
lot drainage runoff. The property owners of Lot 18 are required to pass the
developed flows generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that
the Town in no way attempts to affect the rights of any private party to oppose the
abandonment of assert any right resulting therefrom or existing previous to any
action by the Town.
L t-4-01
PASS/FAIL
MOTION '}'C kt•$r""
SECOND g- ),-`-
COUNT . 1 —D
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona,this day of January 4, 2001.
(60
F THE TO OF FOUNTAIN HILLS ATTESTED TO:
'4 ,‘t #L./ eg44-4--t-- 46 ilN)-AIA4.,
v Sharon Morgan, yor Cassie B. Hansen,
Director of Administration/Town Clerk
REVIE D BY: APPROVED AS TO FORM:
i'M-, //
i,,,,_______ ,ed&A;p.PS,..a
Paul L. ordin,Town Manager William E. Farrell,Town Attorney
L
L
Resolution No.2001-02
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
L. PLAT 505-C BLOCK 3 LOT 18
N N
x PLAT 505-C
\ BOOK 158
is. \ PAGE 42
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ABANDON 10 PUBLIC j
UTILITY & DRAINAGE
EASEMENT o w
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ABANDON 20 L.F. OF ``'
10' DRAINAGE EASEMENT n
RETAIN 20 L.F. o
4---I /
OF 10' PUBLIC UTILITY
EASEMENT
SCALE: 1"=40'
DATE: 11-22-00
December 29, 2000
Memo
Interoffice
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO
Date: 12/29/00
Re: AGENDA ITEM #4—THEATER IMPROVEMENTS BID AWARD
AGENDA ITEM #5— IGA WITH MARICOPA COUNTY FOR LIBRARY
SERVICES
AGENDA ITEM #4—AWARD OF BID FOR IMPROVEMENTS TO THE THEATER BUILDING
`' bud et, $60,000 was approved for improvements to the entrance of the
Town-ownedoilli le ,the Fountain Hills Community Theater. The scope of work includes
fi e e main entrance that is separating from the building, widening and
replacing„the door, en rgin and covering the entry way porch, and removing and replacing the ramp
in Compliance ►itb ADA'requirements. Although the Theater's architect had revised the original plans,
• the bidding process revealed that the estimate was too low to complete the project. It also became
appa� 4 f<
t �
th ey,re smell :size of the project adversely impacted the bidding process, producing
£1z
ve c it interested in the project.
Yrok
In thethelfiScatyeae20cimooi budget the Council approved an amount of 68 000 for this project. The
� PP $
• facilities supervisor assumedresponsibility for the project and actively pursued interest amongst local
• contractors." In spi te of his efforts,no bids were received on the first go around. He then expanded
�eadvertising valley wideroc s cceeded in getting three bids during the second bidding process.
�7� g S �;S
Plebe see his 3attachedtYmemo •summarizing the results of the bid opening on December 21, 2000.
The has b 0 wed and approved by our Building Department and at long last, staff
recommendsrecommendVa g the bid for theater improvements to H&H Construction Inc. in the
amount of$67,800.
AGENDA ITEM #5—IGA WITH MARICOPA COUNTY FOR LIBRARY SERVICES
Since incorporation, the Town has had an intergovernmental agreement with the Maricopa County
Library District for library services. The IGA is a standard format provided by the County and used
with all jurisdictions that utilize the County Library services. During the past ten years, the agreement
has been updated once in 1996.
(kiiry Page 1 of 2 Agenda Items 1-4-01 Last printed 12/29/00 12:26 PM
12/29/00
December 29, 2000
With the anticipated opening of the new library, the County has prepared a new IGA that more
accurately reflects the terms and conditions that will exist in the new facility. Although fundamentally
the same (the Town provides the facility and all aspects of maintenance and repair; the County
provides all aspects of library services), the new IGA addresses ownership issues, detailed
responsibilities, future improvements and termination provisions. The Town has enjoyed a long and
mutually beneficial relationship with the County Library District and it is doubtful that the termination
provision would be utilized. However, if the Town desires at some future date to assume full
ownership and operation of the library, the County has provided a means to effect an efficient
transfer.
Both Mr. Farrell and Risk Manager Wally Hudson have reviewed the document and forward a favorable
recommendation. Staff recommends approval.
(OW
Page 2 of 2 Agenda Items 1-4-01 Last printed 12/29/00 12:26 PM
12/29/00
(tav TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Donald F. Thumith, Facilities Operations Supervisor
THROUGH: Paul Nordin, Town Manager
DATE: December 21, 2000
RE: New Entry Fountain Hills Community Theater
Bid Opening
Construction bids were opened today (December 21, 2000) for the Town of
Fountain Hills Community Theater front entry renovation project. Three
bids were received, as shown below.
Bidder Bid
H&H Construction Inc. $ 67,800.00
Goldstein & Luca $ 71,000.00
The Lejas Corp. $167,000.00
I have contacted the three references listed from the low bidder (H&H
Const.) all have given excellent comments in quality of work and timely
performance. In addition a check with the Registrar of Contractors office
showed the license to be valid and no complaints registered in the past two
years. The low bidder amount falls below the budgeted amount of
$68,000.00
Staff recommends the project be awarded to H&H Construction Inc.
Cc: Cassie Hansen
Val Stasik
Bill Farrell
(raw
INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY
LIBRARY DISTRICT AND THE TOWN OF FOUNTAIN HILLS, ARIZONA
This Intergovernmental Agreement (Agreement) is made between the Maricopa County
Library District, a political subdivision of the State of Arizona ("Library District") and the
Town of Fountain Hills, Arizona, a municipal corporation ("Town").
RECITALS:
The parties have the legal capacity to enter into this Intergovernmental Agreement
pursuant to A.R.S. § 11-951, et seq.
A.R.S. § 48-3901 provides for the establishment of a library district within Maricopa
County and further provides that cities and towns within the County may elect to
become a part of or to participate in said library district; and
(iihr Town is a member of the Library District and currently owns a library facility for its
residents which the District operates, and Town desires to expand and improve the
library facilities available to its residents; and
Participation by the Town with Library District in this project will provide expanded
benefits to the Town and its residents such as: expanded public library service,
specialized library programs, and other services which might not be available through
the Town's existing library; and
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREINAFTER SET
FORTH, the parties agree as follows:
1. General:
1.1. Term of Agreement. The term of this Agreement shall be for ten (10) years
commencing on the date the Agreement is filed with the Maricopa County Recorder
and subject to annual appropriations by each party to fund the Agreement. After
the initial ten (10) year term, this Agreement may be renewed by the parties for
additional five (5) year terms by mutual consent of the parties, on the same terms
and conditions as set forth in this Agreement or as modified, in writing, and subject
to annual appropriations to fund the Agreement.
(ow 1.2. Authorized Representatives. Within thirty(30) days after the effective date of this
Agreement, Town and Library District shall each appoint an authorized
representative to carry out the duties set forth in this Agreement delegated to such
1
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authorized representatives. Either party may change the designation of its
authorized representative by giving notice the other party pursuant to Paragraph
8.1 herein.
2. DEFINITIONS.
2.1. Opening of the Library and Opening Day. As used in this Agreement, "Opening
of the Library" and "Opening Day" shall mean the date the Library is first opened
to the public for the purpose of providing library services.
2.2. "Library" means 15,000 square foot area of the approximately 20,000 square
foot building to be built in and owned by Town which houses the library materials
collection for use by the public.
2.3. "Capital Improvements" means the permanent improvements to the library and
any fixtures attached thereto.
2.4. "Library materials collection" means the books, magazines, audiovisual items
and other materials which are used by the patrons.
2.5. "Contents of the library" means the furniture, shelving, equipment, library
(Itior materials collection, computers and like items.
3. The TOWN shall:
3.1. Execute an Intergovernmental Agreement in the form submitted by the LIBRARY
DISTRICT herewith;
3.2. Cooperate with the LIBRARY DISTRICT at all times in good faith in order to
facilitate the provision of library services.
3.3. Provide to the LIBRARY DISTRICT, the library facilities located at 12901 N. La
Montana Dr., Fountain Hills, Arizona under the following terms.
3.4. TOWN shall be responsible for the payment of utility services, to include gas,
water, and electric, and ancillary services provided to the premises.
3.5. TOWN shall, at its own expense, insure the premises for all perils and risk
coverage on the structure(s) including, but not limited to fire, wind, burglaries and
other casualties. TOWN understands and acknowledges that LIBRARY is self-
insured.
3.6. TOWN shall maintain the structure of the premises in good repair and shall
Low correct any hazardous conditions existing as the result of any structural defect or
unsoundness. The term "structure" as used herein includes walls, roofs, floors,
foundations, stairways, exterior sidewalks and all electrical, plumbing, heating and
2
air-conditioning systems and equipment. It is understood that the structure and
premises are currently in a state of good repair.
3.7. TOWN shall, at its own expense, conform to all applicable standards contained
in the "Uniform Building Code for Life Safety" (U.B.C."), and also to all provisions
and standards in "Arizona Revised Statutes for Handicapped Accessibility" in Title
9-499.02 and Title 34-401 through 34-439. This will include, but not be limited to,
Handicapped Accommodations such as restrooms, drinking fountains, pedestrian
ramps, etc. TOWN shall also, at its own expense, conform to all Americans with
Disabilities Act requirements for Public Accommodations that are "readily
achievable unless an undue burden would result."
3.8. Routine maintenance shall be the responsibility of TOWN, which shall include:
electrical and plumbing repairs, painting the interior walls, replacement of all broken
glass of the premises resulting from all perils including, but not limited to fire, wind,
burglaries and other casualties. TOWN shall perform all repair/replacement
maintenance of installed building utility systems and maintain all installed floor
covering in a state of good repair. Equipment (including water heaters, furnaces,
air conditioners and fire extinguishers) of the library shall be maintained by TOWN
in a safe operating condition.
(kaw 3.9. Janitorial and landscape services shall be provided and TOWN shall pay cost
of said services.
3.10. Town Responsibilities Prior to Opening of the New Library.
3.10.1. Computers and Computer Data. Town shall acquire twenty (20) personal
computers, one (1) computer network server, and network equipment.
Technical specifications to be provide by the District and Maricopa County
Telecommunications Department.
3.10.2. Opening Day Furnishings. The Town shall provide all furnishings and
equipment to outfit the Library. Library shall be furnished so that there is
adequate seating for the public and shelving for at least 60,000 items. No area
of the Library is to be left without furnishings on Opening Day except as may
be agreed upon by both parties in writing.
3.10.3. All items identified in paragraphs 3.10.1 and 3.10.2 will be valued as of
opening day. This valuation shall be made by mutual agreement, in writing,
and attached to this Agreement.
4. The LIBRARY DISTRICT shall:
4.1. Provide and pay for, from revenues received pursuant to the County LIBRARY
3
(16w.
DISTRICT Tax levied pursuant to A.R.S. 48-3903, all salaries and employee
benefits; office supplies, automation, audiovisual materials, books and other similar
materials, office equipment, microfilm/microfiche, telephone, telefacsimile,
electronic mail, catalogues, automated circulation system and public access
catalogue, and other equipment and services and for supplies necessary to provide
full library services to the TOWN;
4.2. Provide centralized acquisitions, cataloging, processing and graphic arts
services;
4.3. Provide centralized personnel, fiscal, procurement, supply any other necessary
administrative services;
4.4. Provide coordinating and consulting services;
4.5. Provide access to all library programs and materials within the Library District's
system, including, but not limited to, audiovisual services and special collections;
4.6. Provide policies, procedures and operations manuals and support network;
4.7. Coordinate with local schools to offer assistance in developing literacy
improvement;
4.8. Provide advice and assistance to all library staff in programming, advanced
reference research, online reference searches, microforms and reference collection
development;
4.9. Provide coordinated children's programs and services which may include
summer reading, year-round reading, film programs, book-week programs,
storytelling, school visits, crafts, read-aloud programs, performances and special
events;
4.10. Encourage input from citizens in the selection of library materials and programs;
4.11. Operation of Library.
4.11.1. Library District shall be solely responsible for the operation of the Library
on and after the Opening of the Library under terms set forth in this agreement.
4.11.2. Furnishings and Library Materials Collection. After Opening of the
Library, Library District shall be responsible for and pay the costs associated
with the following:
4.11.2.1. Maintaining the existing furnishings and equipment of the Library;
4
4.11.2.2. Obtaining and maintaining any additional furnishings required by the
Library.
4.11.2.3. Acquiring the ongoing Library materials collection for the Library.
5. Future Improvements to Library. If Town and Library District mutually agree the Library
should be expanded, Town and Library District will analyze the number of library users
associated with Town and other communities and unincorporated areas of Maricopa
County. Town will use good faith efforts to fund expansion of the Library if the majority
of Library users are Town residents and if Town and Library District agree expansion
is appropriate at that time.
6. Termination, Expiration or Non-renewal. This Agreement shall terminate under the
following circumstances:
6.1. Upon non-appropriation by either party for continued funding of the Agreement;
6.2. Upon 365 days written notice by a party;
6.3. By mutual written agreement of the parties on an agreed upon date.
(iy 7. Upon termination, expiration or non-renewal of this Agreement, the parties will dispose
of property related to the Library pursuant to the following: ..
7.1. Town shall:
7.1.1. Purchase the Library Materials collection of the Library from the Library
District after valuation of said collection, subject to appropriation of funds by
Town for that purpose.
7.1.2. Purchase any computers and related equipment, software, network
equipment and related items that the Library District has purchased. This
excludes any items still in use that was purchased by the Town.
7.2. Library District shall:
7.2.1. Value the then current Library Materials Collection of the Library for
purchase by Town pursuant to Paragraphs 7.1.1. and 7.1.2 above
7.2.2. Transfer to Town bibliographic and patron data in MARC format; provided
however, the costs of such transfer shall be paid by the Town. Library District
shall provide technical assistance on the design and transfer of such computer
(lbw files to Town at no cost to the Town.
5
7.3. Failure of Town and Library District to Agree on Valuation of Contents of Library.
Should Town not agree with the valuation of the contents of the Library pursuant
to Paragraph 7.2.1 above, Town and Library District will agree on an independent
evaluation and share the cost of the evaluation equally. The result of that
independent evaluation shall be final and binding on the parties.
7.4. Failure of Town to Purchase Contents of Library. Failure of Town to purchase
the contents of the Library pursuant to Paragraphs 7.1.1 and 7.1.2 above will
release Library District to dispose of the contents of the Library as it deems
appropriate with no further financial obligation to Town.
8. Miscellaneous.
8.1. Notices. Notices required pursuant to this Intergovernmental Agreement shall
be given by first class mail, postage prepaid, to the following:
For the Library District: For the Town:
Director Town Manager
Maricopa County Library District Town of Fountain Hills
17811 North 32nd Street 16836 East Palisades
Phoenix, Arizona 85032 Fountain Hills, Arizona 85269
8.2. Entire Agreement Supersedes Any Other. This Agreement, including all Exhibits
and appendices referenced herein, comprises the entire agreement of the parties
and supersedes any and all other agreements or understandings, oral or written,
whether previous to the execution hereof or contemporaneous herewith.
8.3. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Arizona, and the laws, rules and
regulations of Town and Library District.
9. Dispute.Resolution.
9.1. The Authorized Representatives shall meet and attempt to resolve any dispute
arising under this agreement within five business days after notice is given of the
nature of the dispute, unless both parties agree to a longer period of time.
9.2. In the event a dispute arises which cannot be resolved by the Authorized
Representatives within a reasonable time, the dispute may be submitted to
mediation or non-binding arbitration upon mutual consent of the parties.
10.Future Transfer
6
Co,
10.1. Town Operation The parties recognize that the Town of Fountain Hills may grow
in the future to a degree that warrants full ownership and operation of the Library
by the Town. If the parties agree that this condition has occurred, they will negotiate
in good faith as to ways and means to effect such a transfer as efficiently as
possible, including assistance and cooperation by the District in making available
to the Town appropriate data bases and other technical support.
7
IN WITNESS WHEREOF, the parties have caused these presents to be executed the day
and year first written above.
FOR THE DISTRICT: FOR THE TOWN:
Title: Title:
ATTEST: ATTEST:
Clerk of the Board Town Clerk
Date: Date:
L
ATTORNEY DETERMINATION
The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11-
952 by the undersigned counsel who have determined that it is in proper form and is within
the powers and authority granted under the laws of the State of Arizona.
Library District Attorney Town Attorney
Date: Date:
L
8
(46., Town of Fountain Hills
Memorandum
DATE: December 29, 2000
TO: The Honorable Mayor and Common Council
FROM: Jeffrey Valder,Director of Community Development
THROUGH: Paul L. Nordin,Town Manager
SUBJECT: Development Fees Public Hearing
On Thursday,January 4, 2001 the Town Council will have a Special Meeting at which the
Council will hold a public hearing to receive public testimony on new non-residential
development fees that are being considered by the Town. This public hearing is required,
pursuant to Arizona Revised Statutes § 9-463.05, after a 30-day public notice period has been
completed. This 30-day public notice, which began on November 29, 2000, notified the public
of the Town's intention to assess new non-residential development fees. This same public
hearing must also be held at least 14 days before the Town Council can adopt the ordinances that
assess the development fees.
LIf the public hearing is opened and closed on January 4, 2001,the Council may consider and
adopt several proposed ordinances that would assess new non-residential development fees for
the Town on January 18, 2001. Those Ordinances would take the form of modified versions of
Ordinances 00-22,00-23, 00-24, 00-25 and 00-26(attached)that the Council adopted on
November 16, 2000 for residential development fees. Ordinances 00-21 and 00-27, as well as the
Development Fee Study Final Report are also attached for reference.
Staff will provide a more extensive memorandum regarding the proposed non-residential
(commercial and industrial)development fees on January 12, 2001. If new non-residential
development fees are adopted on January 18, 2001,these development fees will become effective
on April 19,2001.
ick
iardina
, Inc.
L, 4Asociates
Utility Rate and
Financial Consultants
Town of
Fountain Hills,
Arizona
Development Fee
Study
c.
Final Report
September 26, 2000
in association with
B Research
& Consulting
Jiick
iardina
Associates, Inc.
ty Rate and
Financial Consultants September 26, 2000
Specializing in:
• Cost of Service Studies Mr. Jeffrey W. Valder
• Impact Fee Studies Community Development Director
•Financial Feasibility Analysis
• Litigation Support Town of Fountain Hills
• Privatization Studies 16836 E. Palisades
• Mergers and Acquisitions
•Management and Fountain Hills, Arizona 85269
Organizational Reviews
Dear Mr. Valder:
On behalf of Rick Giardina&Associates, Inc. (RGA) and BBC Research&
Consulting (BBC), I am pleased to submit this Development Fee Study final
report. The attached report contains our analysis, findings, and
recommendations regarding development fees for the following areas:
❑ Town Marshal ❑ General Government
❑ Parks and Recreation ❑ Library
❑ Open Space ❑ Streets
•
Thank you for the opportunity to be of service to the Town on this important
project. Questions regarding our report should be directed to me at
(303) 699-2690 or to Mr. Tom Pippin with BBC at(303) 321-2547.
Sincerely,
i6(
i„L
Richard D. Giardina
President
1 East Rice Place
Suite 100
Aurora,Colorado 80015
Phone 303 699-2690
Fax 303 699-2666
(iise Town of Fountain Hills Development Fee Study
Prepared For
Town of Fountain Hills
17958 Palisades Boulevard
Fountain Hills, Arizona 85268
Prepared By
firw. Rick Giardina & Associates, Inc.
13741 East Rice Place, Suite 100
Aurora, Colorado 80015
(303) 699-2690
and
BBC Research & Consulting
3773 Cherry Creek North Drive, Suite 850
Denver, Colorado 80209
(303) 321-2547
Final Report
September 26, 2000
r--
kiw Table of Contents
I. Introduction
Report Objectives 1-1
Definition of Impact Fees 1-2
Report Organization 1-3
Reliance on Town Provided Data 1-3
Acknowledgements 1-3
II. Land Use and Demographic Assumptions
Residential Data II-1
Commercial Data 11-2
Distribution of Land Use 11-3
Net Change in Units/Square Feet 11-3
III. Town Marshal Development Fee
Current Operations and Service Standards III-1
Fee Calculation 111-2
IV. Parks and Recreation Development Fee
Current Operations and Service Standards IV-1
Fee Calculation IV-2
V. Open Space Development Fee
Current Operations and Service Standards V-1
Fee Calculation V-2
VI. General Government Development Fee
Current Operations and Service Standards VI-1
Fee Calculation VI-2
VII. Library Development Fee
Library Impact Fee VII-1
L
(ikiw Table of Contents
(Continued)
VIII. Street Development Fee
Current Service Standards VIII-1
Fee Calculation VIII-2
IX. Summary
Summary IX-1
L
ii
L
SECTION I.
Introduction
Rick Giardina & Associates (RGA) and BBC Research & Consulting (BBC) were
retained by the Town of Fountain Hills in the summer of 2000 to calculate development fees
for various categories of Town infrastructure. This report presents fees for a number of
departments and outlines the methodologies used in fee calculation. Methodologies were
selected according to the data that were available from the Town.
(thy Report Objectives
The objective of this document is to set forth calculations of the maximum legally
allowable development fees for the expansion of community facilities as required to ensure
that infrastructure is available to accommodate new growth. Town policy makers could
choose to impose fees of any amount smaller than those set out here, but in the opinion of
the RGA/BBC team, these fees are the maximum that Fountain Hills could impose under
Arizona statutes. Specifically, development fees are calculated for facilities in the following
areas:
• Town Marshal; • general government;
• parks and recreation; • library;and
• open space; • streets.
This report presents a proposed fee amount for each category, and describes the
methodologies used in fee calculation.
L
f^
Definition of Development Fees
Development fees, which are also referred to as impact fees, are defined by the
International City Management Association as:
"monies collected formally through a set schedule, or formula, spelled out in a
local ordinance. Development fees are levied only against new development
projects as a condition of permit approval to support infrastructure needed to
serve the proposed development. They are calculated to cover a proportionate
share of the capital cost for that infrastructure."
In other words, development fees are charges designed to compensate a community
for the cost of extending infrastructure as required to support new development. The water
company and the sanitation district in Fountain Hills currently charge similar fees for water
and sewer infrastructure, and the Town's subdivision regulations require some land
contributions from developers. The development fees described in this document are
intended to supplement subdivision exactions or other existing processes that recover the
costs imposed by new growth.
There are general legal standards defining how development fees or other similar
development exactions can be designed and applied. In general, development fee receipts
cannot be used to cover ongoing operational or maintenance costs, nor can they be applied
to the cost of repair and replacement or the cost of betterment or improvement of existing
infrastructure or facilities. Development fee revenues must be dedicated exclusively to
‘1111w infrastructure expansion required by new development. Most importantly, development
fees must be calibrated in rough proportion to new development's share of infrastructure
cost. Fee revenue should be segregated and spent only on the targeted infrastructure for
which the fee was raised.
In addition to these general legal standards, the Arizona Revised Statutes outline a
number of requirements for development fee imposition. In general, the following six
standards must be met:
• Development fees must be used for projects that benefit new
development;
• There must be accountability in the uses of fee revenue to ensure that
funds are only used for allowable capital projects;
• Fee schedules must be uniform;
• Cities and towns must demonstrate a reasonable and proportionate
relationship between fee amounts and the growth related capital
improvements slated for funding with fee revenues;
• Developers must be given credit for exactions or other dedications;and
(kw • Fees must be paid at the time of issuance of building permits.
RGA/BBC Research &Consulting I-2
Report Organization
The remainder of this report contains eight sections. Section II outlines the
demographic and land use assumptions used in the analysis. Sections III through VIII
document the calculation of development fees for Town Marshal, parks and recreation,
open space, general government, libraries and streets, respectively. The six sections are
organized similarly; each begins with a review of current service standards and associated
infrastructure for the appropriate city department based on current and projected costs,
continues through the mechanics of fee calculation, and concludes with a recommended
maximum fee amount.
Section IX summarizes all of the development fee amounts, and shows the
cumulative cost to new single family, multi-family and commercial development in
Fountain Hills.
Reliance on Town Provided Data
During the course of this project, the Town of Fountain Hills provided RGA/BBC
with a variety of data and information. We have relied on this data in the formulation of
our findings and recommendations and in the preparation of this report. As is often the
case, there will be differences between actual and projected data and these differences may
be significant. Therefore,we take no responsibility for the accuracy of data or any projected
information, nor do we have any responsibility for updating this report for future events
occurring after the date of this report.
Acknowledgements
Completion of this study depended on the efforts of Town staff. In particular, the
study team would like to thank Jeff Valder, Julie Ghetti, Tom Ward, Steven Gendler and
Bryan Hughes of the Town of Fountain Hills for their help in collecting and checking the
data that is necessary for fee calculation.
L
RGA/BBC Research &Consulting I-3
r--
SECTION II.
Land Use and Demographic Assumptions
The fee calculations developed in this report are based on three sets of information:
(1) cost of necessary infrastructure to deliver services at current service
levels as Fountain Hills grows,based on a current inventory of assets or
an updated Capital Improvements Program(CIP);
(2) current distribution of developed land among commercial and
residential uses;and
(3) projected land use data for 2000 and 2020.
Each of the following sections outlines various methods of calculating the cost of
necessary infrastructure to deliver current levels of service and then applies the land use
distribution to those costs to arrive at a development fee amount. This section outlines the
land use data used in fee calculation.
Residential Data
Community development staff provided the numbers of current single and multi-
family units in the Town of Fountain Hills, as well as projected units by the year 2020.
Current estimates are based on a database containing information about every property in
Fountain Hills. Projected estimates account for zoning of buildable parcels as well as
current project plans and likely market trends.
RGA/BBC assumed that single-family homes would average 1,930 square feet in
size and multi-family units would average 1,002 square feet. These estimates reflect the
average of annual national median square foot figures from 1989, the year Fountain Hills
was incorporated, to 1998. These figures may vary somewhat from actual square footage
figures in Fountain Hills. If localized data regarding unit size become available, fee
calculations should be revised to reflect them. Exhibit II-1 below presents the numbers of
L current and projected single and multi-family units and square feet in Fountain Hills.
Exhibit II-1.
Fountain Hills Development Fees,
Residential Land Use Projections
Category 2000 Bulldout
Single Family Households 6,884 9,648
Total square feet 13,286,120 18,620,640
Multi-Family Households 3,214 4,534
Total square feet 3,220,428 4,543,068
Sources:
(1) 2000 and 2020 units were provided by the Town of Fountain Hills,Community Development
Department.
(2) Square footage is based on the average of median unit sizes from 1989 to 1998,as provided
by the National Homebuilder's Association,http://www.nahb.com/facts/default fulllist.htm.
Commercial Data
As in the case of residential data, current and projected commercial square feet were
provided by the Town of Fountain Hills' community development department. Current
estimates were again based on the community development department's database of
current properties, with projected estimates accounting for land use requirements, current
construction plans and likely market trends. Exhibit II-2 below details the current and
projected commercial and industrial square footage in Fountain Hills.
Exhibit 11-2.
Fountain Hills Development Fees,
Current and Projected Commercial and Industrial Square Feet
Category 2000 Bulldout
Commercial 1,054,531 2,168,531
Industrial 112,062 238,062
Source: Town of Fountain Hills Community Development Department
L
RGA/BBC Research & Consulting 11 -2
Distribution of Land Use
In allocating infrastructure costs to residential and commercial land uses, the
distribution of those land uses in Fountain Hills was used. Exhibit II-3 below summarizes
the percent of total developed land consisting of single-family residential, multi-family
residential,commercial and industrial development.
Exhibit 11-3.
Fountain Hills Development Fees,
Distribution of Square Feet by Land Use
Percent
Category Square Feet of Total
Single Family Residential 13,286,120 75%
Multi-Family Residential 3,220,428 18%
Commercial 1,054,531 6%
Industrial 112,062 1%
Source: Town of Fountain Hills Community Development Department.
Net Change in Units/Square Feet
While most fee calculations in this report depend on the current numbers of
residential units and commercial square feet, street fees are calculated using the net new
units or square feet constructed by buildout,because a good forward looking CIP exists for
this category of infrastructure. Exhibit II-4 below outlines the new residential units and
commercial and industrial square feet projected in Fountain Hills at buildout.
Exhibit 11-4.
Fountain Hills Development Fees,
Projected New Units and Square Feet (Buildout)
New Units/
Category Square Feet
Single Family Residential 2,764
Multi-Family Residential 1,320
Commercial 1,114,000
Industrial 126,000
Source: Town of Fountain Hills Community Development Department
L
•
RGA/BBC Research & Consulting 11 - 3
L
SECTION III.
Town Marshal Development Fee
The Town Marshal department's development fee is designed to assess new
development for the proportional cost of expanding Town Marshal services as required to
accommodate new growth. Calculating development fees that reflect new development's
proportional demand for Town Marshal services involves a three-step process:
(kw • determining applicable capital investments for the Town's current
infrastructure;
• calculating an apportionment of service costs to various land uses based
on land distribution among commercial and residential uses;and
• utilizing current infrastructure standards, facility replacement and
construction costs and distribution of service demands by land use to
calculate applicable fees.
Current Operations and Service Standards
The Town currently provides public safety services through the operations of a
Town Marshal's office and services contracted from the County Sheriff.
In order to evaluate the Town's current infrastructure for Town Marshal services,
the replacement cost of existing facilities, developed using current purchase prices, was
calculated. If any items had been debt financed, only the Town's equity share of the items
would be included as an appropriate cost. However, no Town Marshal facilities or
equipment were financed with outstanding debt. Additionally, only the Marshal portion of
shared facilities or equipment was included in this fee, with the remainder spread among
other fees,if applicable.
The types of facilities and equipment encompassed in this calculation include
,,,,,,. vehicles and communications equipment. Additionally, the cost of the development fee
study that was undertaken to calculate fees was also included in this and all other sections,
because the fee study is clearly a cost that should be attributed to new growth.
Exhibit III-1 below presents $401,000 of Town Marshal assets, $344,000 of which are
eligible for inclusion in development fees.
Exhibit III-1.
Projected Capital Infrastructure,
Fountain Hills Town Marshal
Total Equity Shared Facility Portion to Allocated
Acquistion (include (percentage Include Replacement
Type of Capital Infrastructure Cost in fee) in fee) in Fee Value
Existing Capital Items
12 patrol vehicles $303,348 100% 100% 100% $303,348
Animal Control Truck $21,927 100% 100% 100% $21,927
Base Station Radio $5,972 100% 100% 100% $5,972
Fee Related Research
Development Fee Study $70,000 100% 18% 18% S12.747
Total $401,247 86% $343,994
r Source: Interview with Town Marshall's Office staff,6/28/00 and internal Town Marshall's Office memo dated 5/01/00.
Fee Calculation
Using the costs summarized above and the demographic information from Section
II, development fees are calculated for new development. Costs of providing service are
apportioned to different types of land use using the current distribution of commercial and
residential land in Fountain Hills. Development fees are then calculated by dividing the
appropriate portion of service costs by total residential or commercial units (households,
square feet).
L
RGA/BBC Research & Consulting Ill-2
r-
Exhibit III-2 below presents a calculation of development fees based on the
infrastructure costs in Exhibit III-1. This method would result in charges of$32 per unit of
residential development and $0.02 per square foot of commercial development. Fees not to
exceed these amounts are recommended for Town Marshal services.
•
Exhibit III-2.
Calculation of Development Fees,
Fountain Hills Town Marshal
Total Costs for Police Infrastructure (1) $343,994
Allocation for Development Fees (2)
Residential 93%
Commercial/Industrial/Other 7%
Allocated Costs by Category
Residential $319,915
Commercial/Industrial/Other $24,080
Current Development
Residential (in dwelling units) 10,098
Commercial/Industrial (in square feet) 1,166,593
Cost by Unit of Development(rounded)
(lbw Residential (per dwelling unit) $32
Commercial/Industrial (per square foot) $0.02
Notes: (1)See Exhibit III-1;(2)See Exhibit 11-3.
Lase
RGA/BBC Research & Consulting Ill - 3
L
SECTION IV.
Parks and Recreation Development Fee
The development fee for the Town of Fountain Hills' parks and recreation
department was calculated using the same three steps used in developing the Town
Marshal fee:
• determine applicable capital investments for the Town's current
(kw infrastructure.
• calculate an apportionment of service costs to various land uses based on
land distribution among commercial and residential uses;and
• utilize current infrastructure standards, facility replacement and
construction costs and distribution of service demands by land use to
calculate applicable fees.
Current Operations and Service Standards
In order to evaluate the Town's current infrastructure for park and recreation
services, the purchase price of existing facilities and equipment were used and then
updated to 2000 dollars using the building cost index of Engineering News Record.1 If any
items had been debt financed, only the Town's equity share of the items would be included
as an appropriate cost. However, no park and recreation facilities or equipment were
financed with outstanding debt. Additionally, only the park and recreation portion of
shared facilities or equipment were included in this fee, with the remainder spread among
other fees,if applicable.
L
1 ENR Building Cost Index-1989-1999,(http://www.enr.com/cost/costbci.asp).
The types of costs included in this calculation include land purchases, park
L construction and park control buildings. Information about current park assets was
provided by the Town's finance office and confirmed by the park and recreation
department.
Exhibit Iv-1 below presents $11.5 million of park and recreation assets, adjusted for
inflation,$11.4 million of which are eligible for inclusion in development fees.
Exhibit IV-1.
Projected Capital Infrastructure,
Fountain Hills Parks and Recreation Department
Total Total Equity Shared Facility Portion to Allocated
Date Acquisition Replacement (include (percentage Include Replacement
Type of Capital Infrastructure Constructed Cost Cost in fee) in fee) in Fee Value
Parks and Buildings
Golden Eagle Park 1992 $468,500 $582,827 100% 100% 100% S582,827
Golden Eagle Park 1993 $528,484 $639,747 100% 100% 100% $639,747
Golden Eagle Park 1995 S1,118,995 S1,282,617 100% 100% 100% $1,282,617
Golden Eagle Park Control Building 1995 $375,025 $429,862 100% 100% 100% $429,862
Golden Eagle Park(comp.construction) 1997 $825,947 $896,424 100% 100% 100% $896,424
Golden Eagle Park(comp.construction) 1998 S773,816 $817,232 100% 100% 100% S817,232
Fountain Park 1997 S3,500,000 S3,798,650 100% 100% 100% $3,798,650
Fountain Park Improvements 1997 S200,000 S217,066 100% 100% 100% $217,066
FPNP(comp.construction) 1998 $581,788 S614,430 100% 100% 100% $614,430
FRNP Control Building 1998 519,033 S20,101 100% 100% 100% S20,101
Four Peaks Park 1997 S540,000 $586,077 100% 100% 100% $586,077
Desert Vista Neighborhood Park 1998 S1,436,489 S1,517,085 100% 100% 100% $1,517,085
L Fee Related Research
Development Fee Study 2000 S70,000 S70,000 100% 16% 16% S11.123
Total S10,438,077 $11,472,117 99% 511,413,240
Source:Town of Fountain Hills finance office internal documents.
Fee Calculation
Using the costs summarized above and the demographic information from Section
II, development fees are calculated for new development. All costs for park facilities are
attributed to residential development, under the assumption that the vast majority of park
users are Town residents. Development fees are then calculated by dividing the
appropriate portion of service costs by total residential units.
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RGA/BBC Research & Consulting IV-2
Exhibit IV-2 below presents a calculation of development fees based on the
infrastructure costs in Exhibit IV-1. This method would result in charges of$1,130 per unit
of residential development. A fee not to exceed this amount is recommended for park and
recreation services.
Exhibit IV-2.
Calculation of Development Fees,
Fountain Hills Parks and Recreation Department
Total Costs for Parks Infrastructure (1) $11,413,240
Allocation for Development Fees (2)
Residential 100%
Commercial/Industrial/Other 0%
Allocated Costs by Category
Residential $11,413,240
Commercial/Industrial/Other $0
Existing Development
Residential (in dwelling units) 10,098
Commercial/Industrial (in square feet) 1,240,000
Cost by Unit of Development(rounded)
Residential (per dwelling unit) $1,130
Notes: (1)See Exhibit IV-1;(2)See Exhibit 11-3.
It should be noted that the Town's subdivision regulations grant broad exaction
powers for park and open space land. If the Town decides to collect a park and recreation
fee, it should not exact land from developers for parks that would be similar in size and
scope to those described in Exhibit IV-1.
RGA/BBC Research & Consulting IV-3
Over 1,000 acres of open space were dedicated to the Town by developers. Of this
land, 386 acres are located in mountainous areas and the remaining 676 acres are primarily
located in areas that are not developable, such as washes. Town staff have estimated the
value of the mountainous portion at $20,000 per acre and the value of the remainder at
$5,000 per acre.
Exhibit V-1 below presents $14 million of open space assets, adjusted for inflation,
$13 million of which are eligible for inclusion in development fees.
Exhibit V-1.
Projected Capital Infrastructure,
Fountain Hills Open Space Department
Total Total Equity Shared Facility Portion to Allocated
Date Acquisition Replacement (include (percentage Include Replacement
Type of Capital Infrastructure Constructed Cost Cost in fee) in fee) in Fee Value
Open Space
Land Acquisition--Lake(1) 1999 $1,400,000 $1,438,738 6% 100% 6% $89,202
Funds set aside 2000 $1,500,000 $1,500,000 100% 100% 100% $1,500,000
Existing 386 mountain acres 2000 $7,720,000 S7,720,000 100% 100% 100% $7,720,000
Existing 676 non-mountain acres 2000 $3,380,000 $3,380,000 100% 100% 100% S3,380,000
Fee Related Research
Development Fee Study 2000 S70,000 S70,000 100% 16% 16% S11,123
Total $14,070,000 $14,108,738 90% S12,700,325
Source:Town of Fountain Hills finance office internal documents.
Note:(1)One S50,000 payment has been made and nearly S40,000 in appreciation has been added.
Fee Calculation
Using the costs summarized above and the demographic information from Section
II, development fees are calculated for new development. Costs of providing service are
entirely apportioned to residential land uses, under the assumptions that open space
primarily serves Town residents. Development fees are calculated by dividing the
appropriate portion of service costs by total residential units.
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RGA/BBC Research &Consulting V-2
(liow Exhibit V-2 below presents a calculation of development fees based on the
infrastructure costs in Exhibit V-1. This method would result in
$1,258 charges of per unit
g
of residential development. A fee not to exceed this amount is recommended for open
space services.
Exhibit V-2.
Calculation of Development Fees,
Fountain Hills Open Space Department
Total Costs for Open Space Infrastructure (1) $12,700,325
Allocation for Development Fees (2)
Residential 100%
Commercial/Industrial/Other 0%
Allocated Costs by Category
Residential $12,700,325
Commercial/Industrial/Other $0
Existing Development
Residential (in dwelling units) 10,098
Commercial/Industrial (in square feet) 1,240,000
(klow Cost by Unit of Development(rounded)
Residential (per dwelling unit) $1,258
Notes: (1)See Exhibit V-1;(2)See Exhibit 11-3.
It should be noted that the Town's subdivision regulations grant broad exaction
powers for park and open space land. If the Town decides to collect an open space fee, it
should not exact land from developers for open space that would be similar in size and
scope to that described in Exhibit V-1.
L
RGA/BBC Research & Consulting V-3
(by
SECTION VI.
General Government Development Fee
The development fee for the Town of Fountain Hills' general government
departments was calculated using the same three-step process described above:
• applicable capital investments for the Town's current infrastructure were
determined;
car • an apportionment of service costs to various land uses based on land
distribution among commercial and residential uses was calculated;and
• current infrastructure standards, facility replacement and construction
costs and distribution of service demands by land use were utilized to
calculate applicable fees.
Current Operations and Service Standards
In order to evaluate the Town's current general government infrastructure, the
purchase price of existing facilities and equipment were used and then updated to 2000
dollars using the building cost index of Engineering News Record.1 As described in previous
sections, only the equity portion of any debt-financed assets can be included in fee
calculations. However, since the Town has no outstanding debt for general government
infrastructure, this adjustment was not needed. Additionally, only the general government
portion of shared facilities or equipment was included in this fee, with the remainder
spread among other fees,if applicable.
L 1 ENR BuildingCost Index-1989-1999, ht( tp //www.enr.com/cost/costbci.asp).
r
The types of costs included in this calculation include land purchases,buildings and
L improvements to existing buildings. Tenant improvements to leased space were not
included in the fee because the Town does not have any equity ownership in leased
buildings, regardless of the tenant improvements undertaken. Information about capital
facilities was gathered through interviews with staff of the Town's finance and planning
offices.
Exhibit VI-1 below presents $5.1 million of general government assets, adjusted for
inflation,nearly all of which are eligible for inclusion in development fees.
Exhibit VI-1.
Projected Capital Infrastructure,
Fountain Hills General Government and Public Buildings
Total Total Equity Shared Facility Portion to Allocated
Date Acquisition Replacement (include (percentage Include Replacement
Type of Capital Infrastructure Constructed Cost Cost in fee) in fee) in Fee Value
Buildings
Community Center 1990 $233,500 $306,778 100% 100% 100% $306,778
Building C Improvements 1991 S42,251 S54,016 100% 100% 100% $54,016
Tenant Improvements to leased space 1993 $6,718 S8,132 0% 100% 0% S0
Kiwanis Bldg. 1994 $157,509 S185,536 100% 100% 100% 5185,536
Community Ctr.Parking Lot 1997 S17,965 S19,498 100% 100% 100% $19,498
Building C Improvements 1998 S100,019 $105,631 100% 100% 100% $105,631
Theater Building 1998 S136,640 $144,306 100% 100% 100% 5144,306
Land
(kW Community Center 1990 $388,420 $510,316 100% 100% 100% $510,316
15 Acre Site 1990 $2,614,800 $3,435,390 100% 100% 100% $3,435,390
Kiwanis Land 1994 $176,745 $208,195 100% 100% 100% $208,195
Community Center Parking Lot 1994 S65,198 S76,799 100% 100% 100% 576,799
Fee Related Research
Development Fee Study 2000 S70,000 S70,000 100% 16% 16.% 511,123
Total $4,009,765 $5,124,597 99% 55,057,587
Source:Town of Fountain Hills finance office internal documents.
Fee Calculation
Using the costs summarized above and the demographic information from Section
II, development fees are calculated for new development. Costs of providing service are
apportioned to different types of land use,using the current distribution of commercial and
residential land in Fountain Hills. Development fees are then calculated by dividing the
appropriate portion of service costs by total residential or commercial units (households,
square feet).
L
RGA/BBC Research & Consulting VI -2
Exhibit VI-2 below presents a calculation of development fees based on the
(law infrastructure costs in Exhibit VI-1. This method would result in charges of$466 per unit of
residential development and $0.30 per square foot of commercial development. Fees not to
exceed these amounts are recommended for general government services.
Exhibit VI-2.
Calculation of Development Fees,
Fountain Hills General Government and Public Buildings
Total Costs for General Govt. Infrastructure (1) $5,057,587
Allocation for Development Fees (2)
Residential 93%
Commercial/Industrial/Other 7%
Allocated Costs by Category
Residential $4,703,556
Commercial/Industrial/Other $354,031
Existing Development
Residential (in dwelling units) 10,098
Commercial/Industrial (in square feet) 1,166,593
(almw Cost by Unit of Development(rounded)
Residential (per dwelling unit) $466
Commercial/Industrial (per square foot) $0.30
Notes: (1)See Exhibit VI-1;(2)See Exhibit 11-3.
(kb,
RGA/BBC Research & Consulting VI-3
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SECTION VII.
Library Development Fee
A number of options were examined for imposing library development fees in
Fountain Hills. However, after reviewing the current library situation, the study team
concluded that there was not a justification for imposing library development fees on behalf
of the Town of Fountain Hills. This is primarily due to two factors:
• The Town does not currently own any library facilities. The current
w library is operated by Maricopa County, and the Town leases the space
occupied by the library from a private owner.
• In 1999, the residents of Fountain Hills approved a $3.7 million bond
issue to construct a new library. However, the Town has yet to
accumulate any equity in this facility, meaning that it would be
inappropriate to include the facility in any development fee calculations.
Several alternatives were explored to allow the Town to charge development fees for
library facilities. These included crediting development fee payments against future
property taxes paid by new development and charging development fees that accounted for
the future value of property taxes. However, the administrative cost of these solutions
would far outweigh the benefit to be gained from charging development fees.
Consequently, the study team recommends not charging a development fee for library
facilities. Once the Town has built significant equity in the new facility, it could consider
charging development fees to reflect that equity.
L
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L
SECTION VIII.
Street Development Fee
A development fee for new streets charges new development for the cost of
constructing arterial streets necessary to serve new growth. Design of a development fee
for streets includes the following steps:
is identify new street construction, building improvements and equipment
that will be necessary due to growth in Fountain Hills;
• allocate the costs of constructing this infrastructure to land use types
based on trip generation data;and
• design fees for different types of development using the costs allocated to
land use types and the demographic information presented in Section II.
Calculation of Service Standards
Unlike the other fees in this report, which were calculated based on current
infrastructure, service standards for streets were calculated using a capital improvements
plan that estimates needed improvements in Fountain Hills. Exhibit VIII-1 presents $6.5
million in improvements that were identified by the public works department's most recent
capital plan. This capital plan was developed to reflect a 20-year period,but over 90 percent
of the development needed to reach buildout in Fountain Hills is projected to occur in the
next 20 years. This means that few, if any,street improvements will be needed. Due to this
fact, fees described in this section were developed assuming that the improvements detailed
in the capital plan will be sufficient at buildout.
L
These improvements were then reduced by two factors. First, only the portion of
(160, improvements needed to serve new growth should be included in development fee
calculations. As seen Exhibit VIII-1, an adjustment was made to the new maintenance
building because only 37 percent of it will serve new growth.1 A second adjustment was
made to reflect pass through trips on Fountain Hills' streets. Growth cannot be charged for
improvements that were necessary due to traffic with both origins and destinations outside
of the Town. According to Town staff, 48 percent of the traffic on Shea Boulevard and 80
percent of the traffic on Fountain Hills Boulevard consists of trips that either began or
would end in Fountain Hills. After making these adjustments, $4.3 million in eligible street
costs were identified for development fees.
Exhibit VIII-1.
Projected Capital Infrastructure,
Fountain Hills Streets
Portion to Allocated
Total Construction Total Growth Related Internal Include Replacement
Type of Capital Infrastructure Cost (include in SDF) Traffic in SDF Value
Streets
Shea Blvd.Widening $2,900,000 100% 48% 48% $1,392,000
Fountain Hills Blvd.Widening $1,400,000 100% 80% 80% $1,120,000
Street Department Improvements
New Maintenance Building $500,000 37% 100% 37% $185,652
Street Sweeper $200,000 100% 100% 100% $200,000
Striper $225,000 100% 100% 100% $225,000
Traffic Signals $1,200,000 100% 100% 100% $1,200,000
Fee Related Research
Development Fee Study $70,000 100% 100% 18% $12,747
Total $6,495,000 $4,335,399
Source: Town of Fountain Hills Engineering Department.
Fee Calculation
Unlike other fee calculations in this report, street fees should be distributed by the
usage of streets that is generated by particular land use types. To calculate this distribution,
trip generation figures from the Institute of Transportation Engineers' Trip Generation
Manual are considered. These figures estimate the number of p.m. peak hour trips
generated by particular land uses. Peak hour trips are appropriate for this calculation
because street infrastructure is sized according to the expected peak. Since peak hour trips
will be used to distribute infrastructure costs, peak hour estimates should be employed.
Exhibit VIII-2 below presents trip generation figures for the land uses considered in
Fountain Hills.
1 This 37 percent represents the portion of trips in Fountain Hills that will be due to new development
between 2000 and buildout.
RGA/BBC Research & Consulting VIII-2
Exhibit VIII-2.
(kmw. Trip Generation by Land Use Category,
Fountain Hills Streets
Trip Generation
Land Use Category Relative Weighting*
Single Family Unit 1.01
Multi-Family Units 0.54
1,000 commercial 3.20
1,000 industrial square feet 0.92
*Reflects general traffic generation patterns,emphasizing PM peak period conditions.
Source: International Transportation Engineering Trip Generation Manual.
Using the trip generation figures found Exhibit VIII-2 and projected development in
Fountain Hills between 2000 and buildout (see Exhibit II-4), total trips can be attributed to
each land use. By calculating these totals, the percentage of trips attributable to any given
land use can be calculated. Exhibit VIII-3 below presents this calculation.
Exhibit VIII-3.
Weighted Average Trip Generation,
Fountain Hills Streets
New Weighted Trip Percent
Land Use Pattern Development Generation Factors Distribution
Single Family Units(*1.01): 2,764 2,792 38.85%
Multi Family Units(*0.54): 1,320 713 9.92%
Commercial square feet(*3.2/1,000 sq.ft.) 1,114,000 3,565 49.61%
Industrial square feet(*0.92/1,000 sq.ft.) 126,000 116 1.61%
Total 7,185 100%
Source: International Transportation Engineering Trip Generation Manual and Town of Fountain Hills development forecasts.
Note: Reflects general traffic generation patterns,emphasizing PM peak period conditions.
L
RGA/BBC Research & Consulting VIII -3
Finally, the distribution of trips among land uses is used to distribute infrastructure
,,,�,, costs among those same land uses. Then, by dividing allocated infrastructure costs by the
projected numbers of residential units or commercial square feet, development fees can be
calculated. Exhibit VIII-4 presents this final calculation and the resultant fees.
Exhibit VIII-4.
Calculation of Development Fees,
Fountain Hills Streets
Replacement Value for Street Infrastructure $4,335,399
Allocation for Development Fees (1)
Single Family Residential 39%
Multifamily Residential 10%
Commercial 50%
Industrial 2%
Allocated Costs by Category
Single Family Residential $1,684,426
Multifamily Residential $430,091
Commercial $2,150,938
Industrial $69,944
Projected Development(2)
Single Family Residential (dwelling units) 2,764
Multifamily Residential (dwelling units) 1,320
Commercial (square feet) 1,114,000
Industrial (square feet) 126,000
Cost by Unit of Development(rounded)
Single Family Residential (per dwelling unit) $609
Multifamily Residential (per dwelling unit) $326
Commercial (per square foot) $1.93
Industrial (per square foot) $0.56
Notes: (1) Based on weighted trip generation distribution in Exhibit VII-2;
(2)Town of Fountain Hills Community Development Department.
RGA/BBC Research & Consulting VIII -4
r--
(kw
SECTION IX.
Summary
Exhibit IX-1 on the following page summarizes the prospective development fees by
type of land use. The cost to a new single family home would be $3,495,while the cost to a
multi-family unit would total$3,211. The cost per new commercial square foot would equal
$2.25 and the cost for a new industrial square foot would total$0.88.
It should also be noted that the final implementation of this fee system should
(lbw incorporate appropriate language allowing proportional credits to existing structures that
are being redeveloped. For instance, if an existing retail development is being redeveloped
for larger or more intensive use, then the fee calculation should allow a credit for the prior
retail use. Additionally,the Town will need to consider policies for crediting developers for
offsetting exactions, for the development of retail projects that might significantly benefit
the operating funds of the Town and for other projects that provide significant public
benefits (such as affordable housing).
r--
(kikw Exhibit IX-1.
Fountain Hills Development Fees,
by Unit of Development
Town Marshall Fees
Residential (per dwelling unit) $32
Commercial/Industrial (per square foot) $0.02
Street Fees
Residential (per single family dwelling unit) $609
Residential (per multifamily dwelling unit) $326
Commercial (per square foot) $1.93
Industrial (per square foot) $0.56
Parks and Recreation Fees
Residential (per dwelling unit) $1,130
Open Space Fees
Residential (per dwelling unit) $1,258
Library Fees
Residential (per dwelling unit) NA
General Government Fees
Residential (per dwelling unit) $466
Commercial/Industrial (per square foot) $0.30
Total Fees
Residential (per single family dwelling unit) $3,495
Residential (per multifamily dwelling unit) $3,211
Commercial (per square foot) $2.25
Industrial (per square foot) $0.88
L
RGA/BBC Research & Consulting IX-2
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shall be considered a dwelling unit. Dwelling unit shall not include those units
designed primarily for transient occupant purposes, nor shall they include rooms in
hospitals or nursing homes.
1. Single-Family Detached Dwelling Unit — means a dwelling unit designed
and used by only one family and which unit is physically separated from any
other dwelling unit.
2. All Other Dwelling Units — means a dwelling unit typically designed and
used for only a single family, but which is either attached to another
dwelling unit, such as an apartment, duplex, townhouse or single-family
attached dwelling unit such as a guest house, or which is a mobile home or
travel trailer.
M. General Government Development Fee — a fee imposed on all new residential and
non-residential development to fund the proportionate share of the costs of:
municipal office space and Town owned and operated vehicles and major capital
• equipment.
N. Governing Body—the Mayor and Common Council of the Town of Fountain Hills,
Arizona.
O. Multiple Uses — a new development consisting of both residential and non-
eresidential uses, or one (1) or more different types of non-residential use, on the
same site or part of the same new development.
P. Municipal Planning Area — an area outside of the present Fountain Hills Town
limits,but in which the Town may provide public facilities and services.
Q. New Development — any new construction, reconstruction, redevelopment,
rehabilitation, structural alteration, structural enlargement, structural extension, or
new use which requires a building permit; any change in use of an existing non-
residential building, structure or lot requiring any form of Town building permit or
approval, and which increases the demand for one (1) or more public facilities or
services as herein defined; or, any change in use of an existing residential or non-
residential building or structure or change in the use of land, which requires an
increase in water meter size or installation of a larger water meter, except as
otherwise provided in Section 3.E hereof.
R. Open Space Development Fee—a fee imposed only on new residential development
to fund the proportionate share of the costs of: open space, including but not
necessarily limited to, open space lands, hillside slope preservation, development
rights, desert mountain preserves, trails, trailheads, and vehicular access rights of
way.
S Ordinance 00-21
Page 6 of 20
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TOWN OF FOUNTAIN HILLS
ORDINANCE 00-21
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
ADDING A NEW ARTICLE 7-10, DEVELOPMENT FEE PROCEDURES
AND REQUIREMENTS, CONSISTING OF SECTION 7-10-1 PURPOSE
AND INTENT; SECTION 7-10-2 DEFINITIONS; SECTION 7-10-3
GENERAL PROVISIONS, APPLICABILITY; SECTION 7-10-4
PROCEDURES FOR IMPOSITION, CALCULATION AND COLLECTION
OF DEVELOPMENT FEES; SECTION 7-10-5 ESTABLISHMENT OF
DEVELOPMENT FEE ACCOUNTS, APPROPRIATION OF
DEVELOPMENT FEE FUNDS AND REFUNDS; SECTION 7-10-6
APPEALS; AND SECTION 7-10-7 EXEMPTIONS AND WAIVERS;
PROVIDING FOR CONFLICT RESOLUTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Fountain Hills is authorized pursuant to Arizona Revised Statutes § 9-
463.05 to establish and impose development fees on new development to offset
costs to the municipality associated with providing necessary public facilities and
services,the demand for which is created by new development; and
WHEREAS, the Town has studied the necessity for and implications of the adoption of
development fees for various public facilities; and
WHEREAS, the Town has developed the population and land use projections for the Town over
the next 20 years (to the year 2020) , which highlights the growth and associated
public facility demands that the Town will have to respond to in the future, while
maintaining the existing level of service (LOS) standards for existing residents as
well as new residents; and
WHEREAS, the Town is projected to grow from a population of approximately 20,500 persons in
2000 to a population of more than 28,000 in the Year 2020 (with intermediate
population projections of 24,790 in 2005; of 26,650 in 2010; of 27,610 in 2015 and
of 28,134 in 2020; and
WHEREAS, the number of housing units are projected to increase commensurately from
approximately 10,098 in 2000 to approximately 14,182 in Year 2020; and
Ordinance 00-21
Page 1 of 20
WHEREAS, retail, commercial, office and other non-residential building space which also
Lincreases demand on public facilities is also projected to increase substantially from
approximately 1.12 million square feet in 2000 to more than 2.41 million square feet
in the Year 2020; and
WHEREAS, the Town has developed a long-range Capital Improvements Program (CIP) for
streets in order to more definitively project the specific public facility demands that
will be imposed upon the Town by this high projected growth rate, and has
determined its existing LOS for Town Marshal, general government, parks and
recreation and open space services and maintaining that LOS as the Town grows;
and,
WHEREAS, based on the population, housing unit and land use projections as well as the public
facility needs associated with the projected level of growth, the Town has
determined that development fees are an appropriate and necessary technique, to be
used in conjunction with other available public facilities financing techniques, to
ensure that adequate public facilities are provided to new growth while the Town
maintains the level of service (LOS) standards for existing Town residents; and
WHEREAS, the Town has determined that development fees will be necessary for multiple
public facilities; and
WHEREAS, the Town has found and determined that development fees for different public
(iw facilities, but all enacted pursuant to the authority granted by Arizona Revised
Statutes § 9-463.05 will have certain common characteristics and that the Town
will, therefore, benefit from the adoption and use of a uniform procedure for the
imposition, calculation, collection, expenditure and administration of all of the
adopted development fees, and
WHEREAS, the use of uniform procedures, to the extent possible, will be more efficient and
expedient for both the Town and applicants for development permits than separate
procedures for each development fee; and
WHEREAS, the use of uniform procedures will simplify the implementation and administration
of development fees; and
WHEREAS, the use of uniform procedures will best ensure that development fees are
"earmarked" and expended for the public facilities for which they were imposed and
collected; and
WHEREAS, all monies collected from development fees shall be deposited in interest-bearing
accounts which clearly identify the category, amount, fund and public facility for
which such fee was imposed; and
Ordinance 00-21
Page 2 of 20
WHEREAS, each such category, fund or account shall be accounted for separately; provided,
however, that the determination as to whether the accounting requirement shall be
by category, account or fund and whether by aggregate or individual development
shall be within the discretion of the Town; and
WHEREAS, any interest or other income earned on monies deposited in said interest-bearing
accounts shall be credited to the applicable account; and
WHEREAS, the Town has found and determined that development fees are an appropriate
technique for funding public facilities; and
WHEREAS, the Town has or will, for each public facility development fee, determine that the
payment of the development fee and its expenditure for needed public facilities will
result in a benefit to the development on which it is imposed; and
WHEREAS, the Town has developed and adopted a schedule of development fees for each
public facility; and
WHEREAS, the Town has provided a credit (offset) mechanism in cases where the proposed
development has been subject to the required dedication of public sites and/or public
improvements for which the development fees are also being imposed; and
(iiso WHEREAS, the Town has determined that the development fee amounts bear a reasonable
relationship to the burden imposed upon the municipality to provide additional
public facilities to serve the new development at the adopted level of service (LOS)
standard; and
WHEREAS, the Town has developed fee calculation methodologies which will be imposed in an
equitable and non-discriminatory manner; and
WHEREAS, in cases where the Town may be imposing a development fee for public facilities on
land in a community facilities district established pursuant to Arizona Revised
Statutes Title 48, Chapter 4, Article 6, which will also be funded in whole or in part
through district funding mechanisms, the Town should take into account only that
public infrastructure provided by the district and capital costs paid by the district for
those necessary public facilities and services also being funded by development
fees, and provide appropriate credits in the development fee calculation in those
instances to avoid double charging.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
km"' Ordinance 00-21
Page 3 of 20
Section 1. That the Town Code, Chapter 7, Buildings and Building Regulations, is hereby
(iw amended and a new Article 7-10 consisting of seven sections is hereby adopted.
Section 2. That as of the effective date of this Ordinance, Article 7-10 of Chapter 7 of the
Town Code of the Town of Fountain Hills shall read as follows:
Section 7-10-1. PURPOSE AND INTENT.
The purposes and intent of these development fee procedures are:
A. To establish uniform procedures for the imposition, calculation, collection
expenditure and administration of development fees imposed upon new
development;
B. To implement the goals, objectives and policies of the Fountain Hills General Plan
so that to assure that new development contributes its fair share towards the costs of
public facilities reasonably necessitated by such new development;
C. To ensure that new development is reasonably benefited by the provision of the
public facilities provided with the proceeds of development fees;
D. To ensure that all applicable legal standards and criteria are properly incorporated in
these procedures;
Lir
E. To ensure that all applicable procedures and requirements of Arizona revised
Statutes § 9-463.05 have been met.
Section 7-10-2. DEFINITIONS.
The words or phrases used herein shall have the meaning prescribed in the current Fountain Hills
Town Code except as otherwise indicated herein:
A. Applicant — any person who files an application with the Town for a building
permit.
B. Appropriation or to appropriate — an action by the Town to identify specific public
facilities for which development fee funds may be utilized. Appropriation shall
include, but shall not necessarily be limited to: inclusion of a public facility in the
adopted Town budget or capital improvements program; execution of a contract or
other legal encumbrance for construction of a public facility using development fee
funds in whole or in part; and/or actual expenditure of development fee funds
through payments made from a development fee account.
Ordinance 00-21
Page 4 of 20
•
S. Parks and Recreation Development Fee — a fee imposed only on new residential
(lior development to fund the proportionate share of the costs of: community parks,
including but not limited to, development rights and/or construction easements and
recreation facilities and improvements (but expressly excluding private
neighborhood parks).
T. Public Facility or Service — public improvements, facilities or services necessitated
by new development, including, but not limited to, police/Town Marshal facilities,
streets, parks and recreation, open space, libraries, general government, public
works, community facilities, municipal facilities, flood control and drainage,
utilities and educational facilities.
U. Public Facility Expenditures —include amounts appropriated in connection with the
planning, design, engineering and construction of public facilities; planning, legal,
appraisal and other costs related to the acquisition of land, financing and
development costs; the costs of compliance with purchasing procedures and
applicable administrative and legal requirements; and all other costs necessarily
incident to provision of the public safety.
V. Street Development Fee — a fee imposed on all new residential and non-residential
development to fund the proportionate share of the costs of: transportation
improvements and the widening of existing roads designed to solve congestion-
related problems that are anticipated from increased traffic demands resulting from
(to new development, and including improvements to principal and minor arterials
and/or collectors needed for access and traffic mobility, but excluding project-
specific traffic and transportation improvements such as turn lanes, individual traffic
signals for the benefit of a specific development project and the like.
W. Town Marshal Development Fee — a fee imposed on all new residential and non-
residential development to fund the proportionate share of the costs of: Town
Marshal buildings and facilities, communication systems and vehicles and major
capital equipment.
Section 7-10-3. GENERAL PROVISIONS; APPLICABILITY
A. Term. This Ordinance and the procedures established herein shall remain in effect
unless and until repealed, amended or modified by the Mayor and Common Council
in accordance with applicable State law and the Town Code, ordinances and
resolutions.
B. Review.
1. At least once every five years, and no later than July 1 of every fifth year,
beginning July 1, 2005, and prior to Common Council adoption of the
(limy Ordinance 00-21
Page 7 of 20
Town's annual budget for that year, the Town Manager or his designee shall
coordinate the preparation and submission of a report to the Mayor and
Common Council on the subject of development fees.
2. The report may include any or all of the following:
a. recommendations for amendments, if appropriate, to these
procedures or to specific ordinances adopting development fees for
particular public facilities;
b. proposed changes to the Fountain Hills General Plan or plan
elements and/or an applicable Capital Improvement Program,
including the identification of additional public facility projects
anticipated to be funded wholly or partially with development fees;
c. proposed changes to the boundaries of development fee districts, if
applicable;
d. proposed changes to development fee schedules as set forth in the
ordinances imposing and setting development fees for particular
public facilities;
e. proposed changes to level of service standards for particular
facilities;
(110.
f. proposed changes to any development fee calculation methodology;
g• proposed changes to the population, housing, land use, persons per
household or non-residential development projections included in
the Development Fee Calculation Methodology Report and upon
which the development fee amounts have been determined;
h. other data, analysis or recommendations as the Town Manager or
appropriate designee may deem appropriate, or as may be requested
by the Mayor and Common Council.
3. The report may additionally include any or all of the following on a five-year
basis:
a. number of building permits issued by type or residential or non-
residential development;
b. square footage(gross floor area)of non-residential development;
c. total amount of development fees collected, by public facility and by
Ordinance 00-21
Page 8 of 20
land use type;
kbp,
d. the amount of expenditures made from the development fee account
or subaccounts and the purpose for which the expenditure was made,
i.e.,the description,type and location of the public facility project;
e. when the public facility project was initiated and when it was (or will
be)completed;
f. whether additional development fee funds will be appropriated for
the same project in the future;
g. whether supplemental non-development fee funds have been used
for the project and,if so, how much;
h. the service area for the public facility project;
i. the total estimated cost of the project and the portion funded with
development fees;
j. whether the public facility project is in the Town's current Annual
Budget or capital improvements program;
k. the estimated useful life of the project;
L1. the extent to which the public facilityproject is needed to serve
new/projected growth;
m. the extent to which the public facility project is needed to maintain
the existing level of service(LOS) standard, and;
n. such other facts as may be deemed relevant by the Common Council.
4. Submission of Development Fee Five-Year Report and Common Council
Action. The Town Manager or appropriate designee shall submit the
Development Fee Five-Year Report to the Mayor and Common Council,
which shall receive the Five-Year Report and which may take such actions
as it deems appropriate, including, but not limited to, requesting additional
data or analyses and holding public workshops and/or public hearings.
C. Affected Area.
1. Development Fee District. Development fees shall be imposed on new
development in Fountain Hills which, for purposes hereof, may be divided
into development fee districts by the Town.
kra, Ordinance 00-21
Page 9 of 20
2. Municipal Planning Areas. Development fees imposed by the Town may, if
(kw necessary and appropriate, be collected by other municipalities or by the
County on new development within the Town's municipal planning area,
but outside of the Fountain Hills Town limits, only pursuant to an
intergovernmental agreement which provides that the development fees
collected to be transferred to the appropriate Town fund for expenditure in
accordance with the terms of this Ordinance.
3. Identification. The affected area, including development fee districts, if
applicable, shall be described and/or mapped in the particular public facility
development fee ordinance.
4. Changes in Boundaries of Development Fee Districts. The Town may
amend the boundaries of the Development Fee Districts at such times as
may be deemed necessary to carry out the purposes and intent of this
Ordinance and applicable legal requirements for use of development fees. In
the event of annexation of unincorporated County land into the Town, the
Mayor and Common Council shall consider whether such annexed area
should be included in a particular development fee district.
D. Type of Development Affected. This Ordinance shall apply to all new development
as herein defined and as defined in the development fee ordinances for particular
public facilities.
LE. Type of Development Not Affected.
1. Previously-Issued Building Permits. No development fee shall be imposed
on new development for which a building permit has been issued prior to the
effective date of this Ordinance.
2. In-Process Building Permits. No development fee shall be imposed on new
development for which a complete building permit application has been
made, including all items as required on a Town building permit application
completeness form, and all plan check and building permit fees have been
paid prior to the effective date of this Ordinance.
3. Previous Payment of Development Fees. Subject to the requirements of
Section 4 of this Ordinance, no development fees shall be due at a later stage
of the development permit or approval process if development fees have
been paid for such category of public facilities at an earlier stage in the
development permit or approval process.
4. No Net Increase in Dwelling Units. No development fee shall be it
on any new residential development which does not add a new
Ordinance 00-21
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unit.
5. No Net Increase in Non-Residential Square Footage. No development fee
shall be imposed on any new non-residential development which does not
add square footage, unless the new non-residential development increases
the demand for public facilities for which development fees are being
imposed.
6. Other Uses. No development fee shall be imposed on a use, development,
project, structure, building, fence, sign or other activity, whether or not a
building permit is required, which does not result in an increase in demand
for public facilities.
7. Development projects which are the subject of a Development Agreement
containing provisions in conflict with this Article, but only to the extent of
the conflict or inconsistency.
8. Development by Other Governmental Entities. Pursuant to Arizona Revised
Statutes § 9-500.18, no development fee shall be imposed on new
development by the State of Arizona, school districts organized pursuant to
Arizona State laws, or the Federal Government, or agencies thereof;
provided, however, that the Town may seek to negotiate the construction of
public facilities or the provision of services, or to negotiate the payment of
development fees, pursuant to a Development Agreement or
Intergovernmental Agreement with such public governmental agencies.
F. Effect of Payment of Development Fees on Other Applicable Town Land Use,
Zoning,Platting, Subdivision or Development Regulations.
1. The payment of development fees shall not entitle the applicant to a building
permit unless all other applicable land use, zoning, planning, platting,
subdivision or other related requirements, standards and conditions have
been met. Such other requirements, standards and conditions are
independent of the requirement for payment of a development fee.
2. Neither this Ordinance nor the specific development fee ordinances for
particular public facilities shall affect, in any manner, the permissible use of
property, density/intensity of development, design and improvement
standards or other applicable standards or requirements of the Town land
development regulations, which shall be operative and remain in full force
and effect without limitation.
G. Amendments. This Ordinance, and any ordinance adopting development fees for
any particular public facility pursuant to this Ordinance, may be amended from time
(kw Ordinance 00-21
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to time by the Mayor and Common Council; provided, however, that no such
amendment shall be adopted without a written report detailing the reasons and need
for the development fee revision nor without proper notice and public hearing as set
forth herein and in Arizona Revised Statutes § 9-463.05C.
H. Effect of Imposition of Development Fees in a Community Facilities District. In
calculating and imposing a development fee applicable to land in a community
facilities district established under Arizona Revised Statutes title 48, chapter 4,
article 6, the Town shall take into account all public infrastructure provided by the
district and capital costs paid by the district for necessary public services and
facilities and shall not assess a portion of the development fee otherwise calculated
to be due that would duplicate the infrastructure provided by the district or the costs
imposed by the district on new development.
Section 7-10-4. PROCEDURES FOR IMPOSITION, CALCULATION AND COLLECTION OF
DEVELOPMENT FEES
A. In General. An applicant shall be notified by the Town of the applicable development
fee requirements at the time of application for a building permit via the issuance of a
Development Fee Calculation Form to the applicant. Development fees shall be
calculated by the Town at the time of application for a building permit and shall be paid
by the applicant prior to the issuance of a building permit.
B. Calculation.
1. Upon receipt of an application for a building permit, the Town shall determine (a)
whether it is a residential or non-residential use, (b) the specific category (type)of
residential or non-residential development, if applicable, (c) if residential, the
number of new dwelling units, (d) if non-residential, the number of new or
additional square feet of gross floor area (rounded up to nearest square foot) and
the proposed use, and (e) the development fee district in which the new
development is located(if applicable).
2. Upon receipt of an application for a building permit,the Town shall determine
whether it is for a change in use. In such cases,the development fee due shall be
based only on the incremental increase in the fee for the additional public
facilities needed for the change in use.
3. After making these determinations, the Town shall calculate the demand for the
public facility added by the new development for each public facility category
for which a development fee is being imposed and calculate the applicable
development fee by multiplying the demand added by the new development by
the amount of the applicable development fee per unit of development,
incorporating any applicable offset if set forth in the particular development fee
calculation methodology.
(law Ordinance 00-21
Page 12 of 20
4. If the type of land use proposed for new development is not expressly listed in
(kw the particular development fee ordinance and schedule,the Town shall:
a) identify the most similar land use type listed and calculate the
development fee based on the development fee for that land use; or
b) identify the broader land use category within which the specified land
use would apply and calculate the development fee based on the
development fee for that land use category; or
c) at the option of the applicant,or the Director, determine the basis used to
calculate the fee pursuant to an independent impact analysis for
development fee calculation. This option shall be available only for
street development fees and shall be requested by the applicant on a
form provided by the Town for such purpose. If this option is chosen,
the following shall apply:
1) The applicant shall be responsible, at its sole expense, for
preparing, the independent impact analysis, which shall be
reviewed for approval by the Director, and, if appropriate,by the
Town Engineer or other Town staff or officials, prior to the
payment of the fee.
2) The independent impact analysis shall measure the impact that
the proposed development will have on the particular public
tior facility at issue, and shall be based on the same methodologies
used in the Development Fee Calculation Methodology Report,
and shall be supported by professionally acceptable data and
assumptions.
3) After review of the independent impact analysis submitted by
the applicant, the Director shall accept or reject the analysis and
provide written notice to the applicant of its decision on a form
provided for such purpose within thirty (30) days. If the
independent impact analysis is rejected, the written notice shall
provide an explanation of the insufficiencies of the analysis.
4) The final decision of the Director may be appealed pursuant to
Section 6,herein.
5. An applicant may request a non-binding estimate of development fees due for a
particular new development at any time by filing a request on a form provided
for such purpose by the Community Development Department; provided,
however, that such estimate may be subject to change when a formal application
for a building permit for new development is made. Such non-binding estimate
is solely for the benefit of the prospective applicant and shall in no way bind the
tiv Ordinance 00-21
Page 13 of 20
applicable legal requirements.
(iw
B. Appropriation of Development Fee Funds.
1. In General. Development fee funds may be appropriated for public facilities, for
public facility expenditures as defined in Section 2.S, hereof and for the payment
of principal, interest and other financing costs on contracts, bonds, notes or other
obligations issued by or on behalf of the Town or other applicable local
governmental entities to finance such public facilities and public facility
expenditures. All appropriations from development fee accounts shall be
detailed on a form provided for such purposes and filed with the Town
Accountant.
2. Restrictions on Appropriations. Development fees shall be appropriated only (a)
for the particular public facility for which they were imposed, calculated and
collected, (b) within the development fee district where collected unless the
development fee funds will be appropriated for a public facility necessitated by
or serving the new development as provided herein; and within (c) within six (6)
years of the beginning of the Fiscal Year immediately succeeding the date of
collection, unless such time period is extended provided herein. Development
fees shall not be appropriated for funding maintenance or repair of public
facilities nor for operational or personnel expenses associated with the provision
of the public facility.
3. Appropriation of Development Fee Funds Outside of District Where Collected.
(torDevelopment fee funds may be appropriated for a public facility located outside
of the district where collected only if the demand for the public facility is
generated in whole or in part by the new development or if the public facility
will actually serve the new development.
4. Appropriation of Development Fee Funds Beyond Six (6) Years of Collection.
Notwithstanding Section 5.B.2., development fee funds may appropriated
beyond six (6) years from the beginning of the Fiscal Year immediately
succeeding the date of collection if the appropriation is for a public facility
which requires more than six (6) years to plan, design and construct, and the
demand for the public facility is generated in whole or in part by the new
development, or if the public facility will actually serve the new development.
Such appropriations shall be documented by the Town.
C. Procedure for Appropriation of Development Fee Funds.
1. The Town shall each year identify public facility projects anticipated to be
funded in whole or in part with development fees. The public facility
recommendations shall be based upon the development fee annual review set
forth in Section 3.B. herein and such other information as may be relevant, and
may be part of the Town's annual budget and capital improvements programming
Loy Ordinance 00-21
Page 16 of 20
process.
2. The recommendations shall be consistent with the provisions of this Ordinance,
the particular public facility development fee ordinances, Arizona Revised
Statutes § 463.05, or other applicable legal requirements and any guidelines
adopted by the Mayor and Common Council.
3. The Mayor and Common Council may include development fee-funded public
facilities in the Town's annual budget and capital improvements program. If
included, the description of the public facility shall specify the nature of the
facility, the location of the public facility, the capacity to be added by the public
facility, the need/demand for the public facility and the anticipated timing of
completion of the public facility.
4. The Mayor and Common Council may authorize development fee-funded public
facilities at such other times as may be deemed necessary and appropriate by a
majority vote of the Common Council.
5. The Mayor and Common Council shall verify that adequate development fee
funds are or will be available from the appropriate development fee account for
the particular public facility.
D. Refunds.
(1/411Y 1. Eligibility for Refund.
a. Expiration or Revocation of Building Permit. An applicant who has paid
a development fee for a new development for which the necessary
building permit has expired or for which the building permit has been
revoked prior to construction shall be eligible to apply for a refund of
development fees paid on a form provided by the Town for such
purposes.
b. Failure of Town to Appropriate Development Fee Funds Within Time
Limit. The current property owner may apply for a refund of
development fees paid by an applicant if the Town has failed to
appropriate the development fees collected from the applicant within the
time limit established in Sections 5.B.2. and 5.B.4. The refund
application shall be made on a form provided by the Town for such
purposes.
C. Abandonment of Development After Initiation of Construction. An
applicant who has paid a development fee for a new development for
which a building permit has been issued and pursuant to which
construction has been initiated, but which construction is abandoned
prior to completion and issuance of a certificate of occupancy, shall not
Ordinance 00-21
Page 17 of 20
4. If the type of land use proposed for new development is not expressly listed in
the particular development fee ordinance and schedule,the Town shall:
a) identify the most similar land use type listed and calculate the
development fee based on the development fee for that land use; or
b) identify the broader land use category within which the specified land
use would apply and calculate the development fee based on the
development fee for that land use category; or
c) at the option of the applicant,or the Director, determine the basis used to
calculate the fee pursuant to an independent impact analysis for
development fee calculation. This option shall be available only for
street development fees and shall be requested by the applicant on a
form provided by the Town for such purpose. If this option is chosen,
the following shall apply:
1) The applicant shall be responsible, at its sole expense, for
preparing, the independent impact analysis, which shall be
reviewed for approval by the Director, and, if appropriate,by the
Town Engineer or other Town staff or officials, prior to the
payment of the fee.
2) The independent impact analysis shall measure the impact that
the proposed development will have on the particular public
Lfacility at issue, and shall be based on the same methodologies
used in the Development Fee Calculation Methodology Report,
and shall be supported by professionally acceptable data and
assumptions.
3) After review of the independent impact analysis submitted by
the applicant, the Director shall accept or reject the analysis and
provide written notice to the applicant of its decision on a form
provided for such purpose within thirty (30) days. If the
independent impact analysis is rejected, the written notice shall
provide an explanation of the insufficiencies of the analysis.
4) The final decision of the Director may be appealed pursuant to
Section 6,herein.
5. An applicant may request a non-binding estimate of development fees due for a
particular new development at any time by filing a request on a form provided
for such purpose by the Community Development Department; provided,
however, that such estimate may be subject to change when a formal application
for a building permit for new development is made. Such non-binding estimate
is solely for the benefit of the prospective applicant and shall in no way bind the
(aw Ordinance 00-21
Page 13 of 20
Town nor preclude it from making amendments or revisions to any provisions of
(imy
this Ordinance, the specific development fee implementing ordinances or the
development fee schedules.
6. The calculation of development fees due from a multiple-use new development
shall be based upon the aggregate demand for each public facility generated by
each land use type in the new development.
7. The calculation of development fees due from a phased new development shall
be based upon the demand generated by each specific land use within the phase
of development for which a separate building permit is requested.
8. Development fees shall be calculated based on the development fee amount in
effect at the time of application for a building permit.
C. Offsets.
1. Offsets against the amount of a development fee due from a new development
shall be provided for, among other things, contributions made or to be made in
the future in cash, or by dedication of land or by actual construction of all or part
of a public facility by the affected property owner for public facilities meeting or
exceeding the demand generated by the new development and the contribution is
determined by the Town to be a reasonable substitute for the cost of public
facilities which are included in the particular development fee calculation
methodology.
2. The amount of the excess contribution shall be determined by the Town upon
receipt of an application form requesting an offset; provided, however, that (a)
the Town will make no reimbursement for excess contributions unless and until
the particular public facility fund has sufficient revenue to make the
reimbursement without jeopardizing the continuity of the Town's capital
improvements program and (b)the excess contribution may not be transferred or
credited to any other type of development fees calculated to be due from that
development for other type of public facilities. The determination of the
eligibility for and the amount of the credit shall be made by the Town on a form
provided for such purposes. If the applicant contends that any aspect of the
Town's decision constitutes an abuse of discretion, the applicant shall be entitled
to appeal pursuant to Section 6.
3. No offset shall be allowed unless the Town has approved the contribution or
expenditure before it is made.
4. Offsets for dedication of land or provision of public facilities shall be applicable
only as to development fees imposed for the same types of public facilities
which are proposed to be dedicated or provided. Even if the value of the
dedication of land or provision of a public facility exceeds the development fee
Lor Ordinance 00-21
Page 14 of 20
(hay be eligible for a refund unless the uncompleted building is completely
demolished.
d. A 5% administrative fee, but not to exceed $200.00, shall be deducted
from the amount of any refund granted and shall be retained by the
Town in the appropriate development fee account to defray the
administrative expenses associated with the processing of a refund
application.
2. Except as provided in Sections 5.D.I.a. and c. and Section 5.D.6. hereof, refunds
shall be made only to the current owner of property on which the new
development was proposed or occurred.
3. Processing of Applications for a Refund. Applications for a refund shall be
made on a form provided by the Town for such purposes and shall include all
information required in Sections 5.D.5. or Section 5.D.6. hereof, as appropriate.
Upon receipt of a complete application for a refund, the Town shall review the
application and documentary evidence submitted by the applicant as well as such
other information and evidence as may be deemed relevant, and make a
determination as to whether a refund is due. Refunds by direct payment shall be
made following an affirmative determination by the Town.
4. Applications for refunds due to abandonment of a new development prior to
completion shall be made on forms provided by the Town and shall be made
within sixty (60) days following expiration or revocation of the building permit.
The applicant shall submit (a) evidence that the applicant is the property owner
or the duly designated agent of the property owner, (b) the amount of the
development fees paid by public facilities category and receipts evidencing such
payments, and (c) documentation evidencing the expiration or revocation of the
building permit or approval of demolition of the structure pursuant to a valid
Town-issued demolition permit. Failure to apply for a refund within sixty (60)
days following expiration or revocation of the building permit or demolition of
the structure shall constitute a waiver of entitlement to a refund. No interest
shall be paid by the Town in calculating the amount of the refund(s).
5. Applications for refunds due to the failure of the Town to appropriate
development fees collected from the applicant within the time limits established
in Section 5.B.2. hereof shall be made on forms provided by the Town and shall
be made within one (1) year following the expiration of such time limit. The
applicant shall submit(a)evidence that the applicant is the property owner or the
duly designated agent of the property owner, (b) the amount of the development
fees paid by public facility category and receipts evidencing such payments, and
(c) description and documentation of the Town's failure to appropriate
development fee funds for relevant public facilities.
6. The Town may, at its option, make refunds of development fees by direct
Ordinance 00-21
Page 18 of 20
payment, by offsetting such refunds against other development fees due for the
same category of public facilities for new development on the same property, or
by other means subject to agreement with the property owner.
Section 7-10-6. APPEALS.
A. An appeal from any decision of a Town official pursuant to this Ordinance shall be made
to the Mayor and Common Council by filing a written appeal pursuant to the appropriate
Town form with the Town Clerk within thirty (30) days following the decision which is
being appealed; provided, however, that if the notice of appeal is accompanied by a cash
bond or letter of credit in a form satisfactory to the Town Attorney and the Town
Accountant in an amount equal to the development fee calculated to be due, a building
permit may be issued to the new development. The filing of an appeal shall not stay the
imposition or the collection of the development fee as calculated by the Town unless a
cash bond or other sufficient surety has been provided.
B. The burden of proof shall be on the appellant to demonstrate that the decision of the
Town is erroneous.
C. All appeals shall detail the specific grounds therefor and all other relevant information
and shall be filed on a form provided by the Town for such purposes.
Section 7-10-7. EXEMPTIONS/WAIVERS.
(iv A. Filing of Application. Petitions for exemptions to the application of the provisions of
this Ordinance or waivers from specific development fees shall be filed with the Mayor
and Common Council on forms provided by the Town.
B. Effect of Grant of Exemption/Waiver. If the Mayor and Common Council grants an
exemption or waiver in whole or in part of development fees otherwise due, the amount
of the development fees exempted or waived shall be provided by the Town from non-
development fee funds, as may be provided in the particular development fee ordinances
establishing development fees for particular public facilities, and such funds shall be
deposited to the appropriate development fee account within a reasonable period of time
consistent with the applicable Town capital improvements program.
C. Development Agreements. Nothing herein shall be deemed to limit the Town's authority
or ability to enter into Development Agreements pursuant to Arizona Revised Statutes §
9-500.05 with applicants for new development who may provide for dedication of land,
payments in lieu of development fees, or actual infrastructure improvements. Such
development agreements may allow offsets against development fees for contributions
made or to be made in the future in cash, or by taxes or assessments or dedication of land
or by actual construction of all or part of a public facility by the affected property owner.
Section 3. CONFLICT.
cre Ordinance 00-21
Page 19 of 20
(16, To the extent of any conflict between other Town ordinances and this Ordinance, this Ordinance shall be
deemed to be controlling; provided, however, that this Ordinance is not intended to amend or repeal any
existing Town ordinance,resolution or regulation.
SECTION 4. 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 decisions of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions thereof.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall become effective at 12:01 a.m. on February 15, 2001 following its adoption by the
Mayor and Common Council and publication as required by state law.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona,this 16th day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
;WV ‘(//€7
Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
aul L. ordin,Town Manager William E. Farrell, Town Attorney
Car Ordinance 00-21
Page 20 of 20
(kir TOWN OF FOUNTAIN HILLS
ORDINANCE 00-22
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 ADDING A NEW SECTION 7-10-8, TO PROVIDE FOR
THE IMPOSITION OF A TOWN MARSHAL DEVELOPMENT FEE ON ALL NEW
RESIDENTIAL AND 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 RESIDENTIAL AND 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
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
(4tio Ordinance 00-22
Page 1 of 4
(tito 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
(itto 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 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
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.
(161, Ordinance 00-22
Page 2 of 4
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,Arizona,
this 16th day of November,2000.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
(:,41Y1A.,k_S-6
haron Morgan,Mayor Cassie B. Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
7/(Gge*: t')/aAlif
aul Nordi ,T n Manager William E. Farrell,Town Attorney
L
Ordinance 00-22
Page 4 of 4
TOWN OF FOUNTAIN HILLS
ORDINANCE 00-23
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 ADDING A NEW SECTION 7-10-9, TO PROVIDE FOR
THE IMPOSITION OF A STREET DEVELOPMENT FEE ON ALL NEW RESIDENTIAL AND
NON-RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING PERMIT
ISSUANCE TO PROVIDE FOR NECESSARY ARTERIAL STREET WIDENING, STREET
BUILDINGS, TRAFFIC SIGNALS AND STREET VEHICLES TO SERVE PROJECTED
DEMAND RESULTING FROM NEW RESIDENTIAL AND 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 buildout to determine the
additional demand for street widening, buildings, traffic signals and street vehicles
anticipated to be placed on the Town; and
(iior WHEREAS, the Consultants additionally reviewed the existing demand for street facilities, the
existing street facilities available to meet that demand and the method of financing the
existing street facilities,buildings,traffic signals and vehicles; and
WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) but
different demand generators for street 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 nearly 29,000 at buildout; (2)that housing
units will increase from approximately 10,098 in 2000 to approximately 14,182 at
buildout; (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 at buildout; and
WHEREAS, the types of public facilities that are included in this development fee cover street
facilities,buildings,traffic signals and vehicles and;
WHEREAS, the Street 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 street services to existing Town residents; and
Ordinance 00-23
Page 1 of 4
(low WHEREAS, the proportionate share level of service (LOS) standards used to maintain the ratio of
street facilities and services to residents and to non-residential development used the
Street Development Fee calculation methodology is 49% residential demand and 51%
non-residential demand; and
WHEREAS, for residential and non-residential development, vehicle trips by type of development
have been converted to an appropriate street development fee using standard trip
generation rates (average weekday vehicle trip ends) and adjusted to avoid double-
counting of trips; and
WHEREAS, the resultant cost per single-family residential dwelling unit is $609.00, per multi-family
residential dwelling unit is $326.00, $1.93 per square foot for Commercial (non-
residential development)and$0.56 per square foot for Industrial; and
WHEREAS, the projected revenue from the Street 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 Street 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 Street Development
Fee is necessary to offset the costs associated with meeting future street facilities and
service demand pursuant to the development projections; (2)that the Street Development
Fee bears a reasonable relationship to the burden imposed upon the Town to provide new
street facilities and services to new residents, employees and businesses and provides a
benefit to such new residents, employees and businesses reasonably related to the Street
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 street facilities to be funded via the Street Development Fee; and (4) that the
amount of the Street Development Fee is "roughly proportional" to the pro rata share of
the additional street facilities needed to provide adequate street 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 Street Development Fee 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
Street Development Fee; and
Ordinance 00-23
Page 2 of 4
(itre WHEREAS, the Town has conducted a public hearing on the proposed Street 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
WHEREAS, the Street 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 a new section 7-10-9 shall be added to the Town Code, and is hereby enacted to
impose a Street Development Fee on all new residential and non-residential development
in the Town.
SECTION 2. That as of the effective date of this Ordinance, Section 7-10-9 of Chapter 7 of the Town
Code of the Town of Fountain Hills shall read as follows:
Section 7-10-9. STREET DEVELOPMENT FEE.
A. All new residential and non-residential development in the Town of Fountain Hills shall be
(kw subject to the payment of a Street 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 $609.00
Per multi-family dwelling unit $326.00
Non-Residential Development Per Sq.Ft.
Commercial $0.00
Industrial $0.00
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.
(iinre Ordinance 00-23
Page 3 of 4
SECTION 4. EFF±CTWE DATE.
(11"0,
This Ordinance shall be effective at 12:01 a.m. on February 15, 2001 (the ninety-first (91S`) day)
following its adoption by the governing body of the Town of Fountain Hills.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,
this 16th day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
i 1 1 1
Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk •
REVIEWED BY: APPROVED AS TO FORM:
dt:--------
er....444,1./.)egt,
Paul No in, own anager William E. Farrell,Town Attorney
(11w
Le Ordinance 00-23
Page 4 of 4
(iv TOWN OF FOUNTAIN HILLS
ORDINANCE 00-24
•
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 ADDING A NEW SECTION 7-10-10, TO PROVIDE FOR
THE IMPOSITION OF A PARKS AND RECREATION DEVELOPMENT FEE ON ALL NEW
RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING PERMIT
ISSUANCE TO PROVIDE FOR PARK LAND PURCHASES, PARK CONSTRUCTION AND
IMPROVEMENTS AND PARK CONTROL BUILDING CONSTRUCTION TO SERVE
PROJECTED DEMAND RESULTING FROM NEW 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 parks and recreation facilities anticipated to be placed on the
Town; and
Loy WHEREAS, the Consultants additionally reviewed the existing demand for parks and recreation
facilities, the existing parks and recreational facilities available to meet that demand and
the method of financing the existing park and recreational facilities; and
WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) for
parks and recreation facilities within the Town and costs estimated provided by the
Town; 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; and
WHEREAS, the types of facilities and associated costs that are included in this development fee cover
community park improvements, which may be acquired for Town use via purchase in
fee,and;
WHEREAS, the Parks and Recreation 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 street services to existing Town residents; and
WHEREAS, the total estimated cost of maintaining the existing level of service (LOS) standards and
development projections is approximately$11,413,240.
L., Ordinance 00-24
Page 1 of 4
WHEREAS, the resultant cost per residential dwelling unit is $1,130.00 for community parks and
L recreational facilities; and
WHEREAS, the projected revenue from the Parks and Recreation 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 community parks and recreation fee assumptions, 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 Parks and Recreation
Development Fee is necessary to offset the costs associated with meeting future park
facilities demand pursuant to the development projections; (2) that the Parks and
Recreation Development Fee bears a reasonable relationship to the burden imposed upon
the Town to provide new park facilities to new residents and provides a benefit to such
new residents that are reasonably related to the Parks and Recreation Development Fee,
per dwelling unit; (3) that an "essential nexus" exists between the projected new
residential development and the need for additional park facilities to be funded via the
Parks and Recreation Development Fee; and (4) that the amount of the Parks and
Recreation Development Fee is "roughly proportional" to the pro rata share of the
additional park facilities needed to provide adequate park services to new residential
development, while maintaining the existing level of service (LOS) standard currently
fkilw provided to Town residents; and
WHEREAS, the Town currently does not have a Parks and Recreation Development Fee 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
Parks and Recreation Development Fee; and
WHEREAS, the Town has conducted a public hearing on the proposed Parks and Recreation
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
WHEREAS, the Parks and Recreation 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.
Ordinance 00-24
Page 2 of 4
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS:
SECTION 1. That a new section 7-10-10 shall be added to the Town Code, and is hereby enacted to
impose a Parks and Recreation Development Fee on all new residential development in
the Town.
SECTION 2. That as of the effective date of this Ordinance, Section 7-10-10 of Chapter 7 of the Town
Code of the Town of Fountain Hills shall read as follows:
Section 7-10-10. PARKS AND RECREATION DEVELOPMENT FEE.
A. All new residential development in the Town of Fountain Hills shall be subject to the payment of
a Parks and Recreation 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 $1,130.00
Per multi-family dwelling unit $1,130.00
L
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 February 15, 2001 (the ninety-first (91S`) day)
following its adoption by the governing body of the Town of Fountain liksy Ordinance 00-24
Page 3 of 4
(liw PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,
this 16th day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
(ifivd,,L,A„.. A.14,../v,..)----
Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
` (/ ":1144fr:feet4t1
Paul N din,Town Manager William E.Farrell,Town Attorney
L
cs, Ordinance 00-24
Page 4 of 4
TOWN OF FOUNTAIN HILLS
ORDINANCE 00-25
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 ADDING A NEW SECTION 7-10-11, TO PROVIDE FOR
THE IMPOSITION OF AN OPEN SPACE DEVELOPMENT FEE ON ALL NEW
RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF BUILDING PERMIT
ISSUANCE TO PROVIDE FOR OPEN SPACE LAND PURCHASES AND OPEN SPACE
DEVELOPMENT TO SERVE PROJECTED DEMAND RESULTING FROM NEW
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 open space facilities anticipated to be placed on the Town; and
WHEREAS, the Consultants additionally reviewed the existing demand for open space facilities, the
existing open space facilities available to meet that demand and the method of financing
the existing open space facilities; and
WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) for
open space facilities within the Town and costs estimated provided by the Town; 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; and
WHEREAS, the types of facilities and associated costs that are included in this development fee cover
acquisition of open space lands, including desert mountain preserves, the purchase of
development rights, acquisition of conservation easements, the acquisition and
development of trails,trailheads, access roads and improvements; and;
WHEREAS, the Open Space 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 street services to existing Town residents; and
WHEREAS, the total estimated cost of maintaining the existing level of service (LOS) standards and
development projections is approximately $12,700,325.
WHEREAS, the resultant cost per residential dwelling unit is $1,258.00 for open space facilities; and
rnmire Ordinance 00-25
Page 1 of 3
(kw WHEREAS, the projected revenue from the Open Space 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 open space fee assumptions, 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 Open Space
Development Fee is necessary to offset the costs associated with meeting open space
facilities demand pursuant to the development projections; (2) that the Open Space
Development Fee bears a reasonable relationship to the burden imposed upon the Town
to provide new open space facilities to new residents and provides a benefit to such new
residents that are reasonably related to the Open Space Development Fee, per dwelling
unit; (3) that an "essential nexus" exists between the projected new residential
development and the need for additional open space facilities to be funded via the Open
Space Development Fee; and (4) that the amount of the Open Space Development Fee is
"roughly proportional" to the pro rata share of the additional open space facilities needed
to provide adequate open space services to new residential development, while
maintaining the existing level of service (LOS) standard currently provided to Town
residents; and
WHEREAS, the Town currently does not have an Open Space Development Fee in place; and
Lor
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
Open Space Development Fee; and
WHEREAS, the Town has conducted a public hearing on the proposed Open Space Development Fee
at least thirty (30) days after the expiration of the notice of intention to impose new or
increased development fees 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
WHEREAS, the Open Space 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 a new section 7-10-11 shall be added to the Town Code, and is hereby enacted to
impose an Open Space Development Fee on all new residential development in the
Town.
SECTION 2. That as of the effective date of this Ordinance, Section 7-10-11 of Chapter 7 of the Town
Code of the Town of Fountain Hills shall read as follows:
Ordinance 00-25
Page 2 of 3
Section 7-10-11. OPEN SPACE DEVELOPMENT FEE.
A. All new residential development in the Town of Fountain Hills shall be subject to the payment of
an Open Space 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 $1,258.00
Per multi-family dwelling unit $1,258.00
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 February 15, 2001 (the ninety-first (91st) day)
following its adoption by the governing body of the Town of Fountain Hills.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,Arizona,
this 16th day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
/16x/14,,,Q5
{ r ,
)%L,‘A—J
y aron Morgan,Mayor Cassie B. Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
..2
,e/ /L i),41/
haul Nordi ,Town Manager William E. Farrell,Town Attorney
Ordinance 00-25
Page 3 of 3
(liov TOWN OF FOUNTAIN HILLS
ORDINANCE 00-26
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 ADDING A NEW SECTION 7-10-12, TO PROVIDE FOR
THE IMPOSITION OF A GENERAL GOVERNMENT DEVELOPMENT FEE ON ALL NEW
RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF
BUILDING PERMIT ISSUANCE TO PROVIDE FOR NECESSARY LAND PURCHASES,
BUILDINGS AND IMPROVEMENTS TO EXISTING TOWN-OWNED BUILDINGS TO SERVE
PROJECTED DEMAND RESULTING FROM NEW RESIDENTIAL AND 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 general government facilities anticipated to be placed on the
Town; and
WHEREAS, the Consultants additionally reviewed the existing demand for general government
facilities, the existing general government facilities available to meet that demand and
the method of financing the existing general government facilities; and
WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) but
different demand generators for general government facilities 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 necessary
land purchases,buildings and improvements to existing Town-owned buildings and;
WHEREAS, the General Government 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 general government services to existing Town residents; and
Ordinance 00-26
Page 1 of 4
WHEREAS, the proportionate share level of service (LOS) standards used to maintain the ratio of
general government facilities and services to residents and to non-residential
development used the General Government Development Fee calculation methodology is
93%residential demand and 7% non-residential demand; and
WHEREAS, the resultant cost per residential dwelling unit is $466.00 and $0.30 per square foot for
Commercial/Industrial (non-residential development); and
WHEREAS, the projected revenue from the General Government 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 General Government 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 General Government
Development Fee is necessary to offset the costs associated with meeting future general
government facilities demand pursuant to the development projections; (2) that the
General Government Development Fee bears a reasonable relationship to the burden
imposed upon the Town to provide new general government facilities to new residents,
employees and businesses and provides a benefit to such new residents, employees and
businesses reasonably related to the General Government Development Fee, per capita
(kw and per vehicle trip; (3) that an "essential nexus" exists between the projected new
residential and non-residential development and the need for additional general
government facilities to be funded via the General Government Development Fee; and
(4) that the amount of the General Government Development Fee is "roughly
proportional" to the pro rata share of the additional general government facilities needed
to provide adequate municipal 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 General Government Development Fee 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
General Government Development Fee; and
WHEREAS, the Town has conducted a public hearing on the proposed General Government
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
Ntim, Ordinance 00-26
Page 2 of 4
WHEREAS, the General Government 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 a new section 7-10-12 shall be added to the Town Code, and is hereby enacted to
impose a General Government Development Fee on all new residential and non-
residential development in the Town.
SECTION 2. That as of the effective date of this Ordinance, Section 7-10-12 of Chapter 7 of the Town
Code of the Town of Fountain Hills shall read as follows:
Section 7-10-12. GENERAL GOVERNMENT DEVELOPMENT FEE.
A. All new residential and non-residential development in the Town of Fountain Hills shall be
subject to the payment of a General Government 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
(kw Per single-family dwelling unit $466.00
Per multi-family dwelling unit $466.00
Non-Residential Development Per Sq. Ft.
Commercial $0.00
Industrial $0.00
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. EFFECTWE DATE.
This Ordinance shall be effective at 12:01 a.m. on February 15, 2001 (the ninety-first (90) day)
following its adoption by the governing body of the Town of Fountain Hills.
*lbw Ordinance 00-26
Page 3 of 4
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,
this 16th day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
X/A4*;f?ItRAvfr
aul ord. , own Manager William E. Farrell,Town Attorney
kw Ordinance 00-26
Page 4 of 4
TOWN OF FOUNTAIN HILLS
L ORDINANCE 00-27
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 ADDING A NEW SECTION 7-10-13, ENTITLED
PERMIT ISSUANCE.
WHEREAS, the Town has adopted Ordinances 00-21, 00-22, 00-23, 00-24, 00-25 and 00-26, to be
effective February 15, 2001 at 12:01 A.M.;
WHEREAS, the fees called for thereunder are payable for all development for which no permit has
been issued; and
WHEREAS, the Town recently adopted the 1997 Uniform Building Code which includes Section 106,
Permits; and
WHEREAS, it is important to have in place a procedure to insure the issuance of permits up to and
including those issued by the close of business on February 14, 2001.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS:
SECTION 1. That the Town Code is amended by adding a new section 7-10-13 shall read as follows:
Section 7-10-13. PERMITS ISSUANCE.
A. All single family residential building permits shall be deemed issued when the applicant
has submitted a full and complete set of building documents; paid fees in full; and has
executed a Minimum Plan Submittal Requirements Sheet obtained from the Community
Development Department.
B. All subsequent plan review, modification of plans, or other interaction with the
Department shall not be considered as new construction for the purposes of the fees
adopted and in force in Sections 7-10-8, 7-10-9, 7-10-10, 7-10-11 and 7-10-12 of this
Article, so long as construction has commenced within 180 days of the issuance of the
building permit.
C. Any building permit issued prior to 12:01 A.M. on February 15, 2001 for which there has
been no construction activity for 180 days may apply for an extension of additional time
as provided for by the Uniform Building Code. Such extension, however, shall require
the applicant to pay the then current development fees, unless a waiver is applied for
within 180 days after the building permit was issued and such waiver is granted by the
Town Council. If a fee waiver request is denied by the Council, all due development
Ordinance 00-25
Page 1 of 2
fees shall be paid to the Town within 30 days of Council denial or the building permit(s)
for which the development fee waiver was requested will be revoked.
D. All multi-family, commercial, industrial and other non-residential permits which are
subject to any or all portions of the development fees must secure either a building
permit or a letter of substantial compliance from the Town prior to the close of business
on Wednesday,February 14, 2001 in order for their project not to be required to pay the
adopted development fees.
E. Subsequent to the close of business on February 14, 2001, all building permits will be
subject to all provisions of Article 7-regarding development fees.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,Arizona,
this 16th day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
(A-44.1-
Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk
tiY
wr REV ED BY: APPROVED AS TO FORM:
7///A440:
Paul Nord' ,Town Manager William E. Farrell,Town Attorney
Ordinance 00-25
Aummor
Page 2 of 2
(hir TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Town Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Jesse Drake, Senior Planner ..
DATE: December 26, 2000
SUBJECT: TU2000-16 Emerald Mesa Villas
Emerald Mesa Villas has requested a Temporary Use Permit for a Sales Model located
at 16107 East Emerald Drive to allow one of the existing units to be used as a sales
model for the remaining units. During the required posting period, a protest was
received. Once a protest is received staff must agendize the request for review by the
Town Council. Please see the attached staff report for details.
(likw
TOWN OF FOUNTAIN HILLS
STAFF REPORT
January 4, 2001
CASE NO: TU2000-16
PROJECT MANAGER: Jesse Drake, Senior Planner J
LOCATION: 16107 East Emerald Drive, aka Lot 1, Block 2, final Plat 422.
REQUEST: Request to operate a sales model beginning January 1, 2001 to
December 30, 2001.
DESCRIPTION:
OWNER: Hillcrest Investment
APPLICANT: Emerald Mesa Villas
EXISTING ZONING: R-3
EXISTING USE: Multi-family, twenty-three (23) unit condominium
LOT SIZE: 1.64 acres
SURROUNDING LAND USES AND ZONING:
NORTH: Vacant land, zoned R1-35
(kw SOUTH: Existing multi-family, zoned R-3 PUD
EAST: Vacant land, zoned R1-18
WEST: Vacant land, zoned R1-35
SUMMARY:
This request is for a Temporary Use Permit to allow one the existing units of the Emerald
Mesa Villas to be used as a sales model for the remaining units beginning January 1,
2001 and ending December 30, 2001. The sales model will be open between the hours
of 10 AM and 4 PM. Under normal circumstances Temporary Use Permits are issued
by staff after the required ten (10) day advertising period. In circumstances where a
written protest is received within the posting period, the request must go before the
Town Council for action. The Fountain Hills zoning Ordinance requires that under
Chapter 2, Section 2.03.D.4 "If there is a written objection received by the closing date of
the advertising period, the Council shall consider the application at the first regular
meeting held not less than fifteen (15) days after the receipt of said protest". As this
permit was opposed during the posting period, it is no longer a staff function and it must
now be approved by the Town Council.
CODE REQUIREMENTS:
SECTION 10.03 Uses Subject to Temporary Use Permit:
C. Model Homes. Model Homes may be permitted in a residential area by
(itrao Temporary Use Permit only. In the review for a model home, the staff, and if necessary,
the Town Council, may consider lighting, landscaping, hours of operation, signage,
parking, duration, and neighborhood impact. As a minimum, the following standards
shall apply:
1. On-site sales personnel must be present at least five (5) days a
week during normal business hours. In no case shall a model home be open before
7:00 A.M. or after 9:00 P.M.
2. The model home shall be for the purpose of marketing the
construction of custom homes or a tract subdivision with a given product line in Fountain
Hills. A model home may not be used as an office for the marketing of developed
property, or the marketing of property outside of Fountain Hills.
3. An off-street parking stall for each person stationed on site, plus
two spaces. Parking lots for model homes may be located on an adjacent lot owned by
the owner of the model home.
FINDINGS OF FACT:
1. The Emerald Mesa Villas was first approved for construction of twenty-three
(23) units, BP1997-1251 on February 5, 1998. Nine were completed. A
building permit for the remaining fourteen units, BP 1999-134, was applied for
on February 8, 1999 and pulled on May 7, 1999. Of the twenty-three
residential units, eight are currently occupied. The sales model will be used
to market the remaining fifteen units.
(ittif 2. The use of one unit as a sales model is permitted by Section 10.03.0 of the
Town of Fountain Hills Zoning Ordinance with a Temporary Use Permit.
3. One written protest was received during the required posting period.
RECOMMENDATION:
Based on Town of Fountain Hills Zoning Ordinance Section 10.03, Uses Subject to
Temporary Use Permit, staff finds that this request is consistent with the intent of this
section of the ordinance and therefore recommends approval of this Temporary Use
Permit, for the period of January 4, 2001 to December 30, 2001.
ATTACHED:
Application
Site plan
Letter of objection
Applicant's rubuttal letter
L
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''•�s COMMUNITY DEVELOPMENT DEPARTMENT
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Date Filed Fee Paid ' Accepted$y '-
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Type of Temporary U R quested
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Date(s)Temporary Use Will Occur
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Address of Subject Property
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Notary Public•State of Arizona
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Please Provide the Following(attach additional sheets):
1. Site Plan showing location of the temporary use and the orientation of surrounding properties.
2. Mailing labels with names and addresses of property owners within 300 feet of the proposed temporary
use boundaries.
3. Description of the proposed use,the operations of the use, and the facilities proposed for the land use.
4. Describe any adverse impact which the proposed land use may have on the surrounding properties,
and on the neighborhood.
5. Describe the steps that will be taken to avoid or lessen these adverse impacts.
Fee Schedule Attached TFH Case Number
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December 11, 2000
TO: PLANNING AND ZONING DEPARTMENT
%Jesse Drake
Via Fax 480-837-1404
Original sent via US mail
FROM: Bill and Gail Pape
16128 East Emerald
Fountain Hills, AZ 85268
480-836-8682
SUBJECT: EMERALD MESA VILLAS
Corner of Emerald and Fountain Hills Blvd.
Ref THEIR REQUEST TO HAVE A SALES OFFICE ON PREMISES FOR ONE YEAR
(Please distribute to all planning and zoning committee members)
(itto
We live just at a slight angle from the subject property on Emerald and Fountain Hills Blvd. I
understand that the owners are requesting the ability to have a sales office located within the
property for a period of one year. I wanted to let you know that WE ARE OPPOSED to this
request unless the current owners address a couple of issues.
First,that the period of one year be changed to allow for a period of one year or until the
units at this location are sold, whichever comes first, so that no other units from other
properties are sold from this location.
Second,that the owners DO NOT use the same very bright turquoise awning, or anything
similar to it,in front of the sales office,that was previously used during the sale of
previous units at the same location. The awning previously used would never pass the
"good taste test" and was/is used only as a"beacon"to advertise the units. A good old
fashion rectangular sign of about 24 inches by 24 inches would be all that was really
necessary to let the public know where the sales office was located.
Thank you for your consideration in addressing these issues and our concerns related to this
zoning request.
Bill and Gail Pape
(kw / (4CazG
(kw
coLDweu. 17100 E.SHEA BLVD.,SUITE 120
BANK�R FOUNTAIN HILLS,AZ 85268
BUS.(602)837-7990
FAX(602)837-6445
DESERT SUNRISE TOLL FREE(888)839-7990
REALTY
December 20, 2000
Re: Temporary Use Permit for:
Emerald Mesa Villas
16107 Emerald Drive #206
Designated Model Area
Attn: Jesse Drake
Jesse,
In response to the objection raised pertaining to Emerald Mesa Villas, more
specifically, the awnings or awning color, this particular awning type and color is
a standard feature at this .ec'ro p � t The design & color had been approved in the
beginning by the NPOA. It remains in full compliance.
The intent of operating a model at this location is to provide on-site
representation for the remaining 14 units which are now being completed. Hours
and days of operation will be strictly adhered to, as so stated in the temporary
use permit application.
Thank you for your time and consideration.
I remain,
(lbw ED OLIVA, Marketing
Coldwell Banker Desert Sunrise Realty
Each Office Is Independently Owned And Operated.
3
FHB Speed Reduction.doc Page 1 of 2 Chron 231
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Town of FOUNTAIN HILLS
� "' 1-�4° Engineering Department
*Oat is Asp'
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MEMORANDUM
TO: Honorable Mayor and Council
FROM: Tom Ward,tnterim Town Engineer
Let' i C l o,Traffic Engineering Analyst
THROUGH: Pau Town Manager
i
DATE: December 2 , 2000
RE: Speed Limit Reduction on Fountain Hills Boulevard
At the request of the Traffic Standards Committee and under the direction of Chairman
L. (Councilman) John Wyman, the Engineering Department has performed a traffic study of Fountain
Hills Boulevard (Ironwood Drive to Palisades Boulevard). The major concern is the speed limit on
Fountain Hills Boulevard north of Ironwood Drive to Palisades Boulevard. The speed limit should
be reduced from 45 mph to 35 mph, 200 feet south of Crystal Point Drive to Palisades Boulevard.
The following considerations were studied by the Engineering Department:
• Inadequate sight distance on the horizontal curve south of El Lago Boulevard.
• Increased development (i.e. senior care facility, multi-family development and the new
community center).
• Proposed downtown commercial projects (Town Center III).
• Consistency with the existing leg approaches on Fountain Hills Boulevard and Palisades
Boulevard(see attached area map).
Fountain Hills Boulevard carries approximately 11,000 vpd between Shea Boulevard and Palisades
Boulevard. The existing posted speed limit on Fountain Hills Boulevard is 35 mph from Shea
Boulevard to Kingstree, 45 mph from Kingstree to Palisades and 35 mph north of Palisades. There
is a 40-mph advisory warning sign on the horizontal curve south of El Lago Boulevard.
A detailed description of the engineering and traffic methodology used to determine our
recommendation follows.
L
FHB Speed Reduction.doc Page 2 of 2 Citron 231
Speed Limit Evaluation Study
Fountain Hills Boulevard—Ironwood Drive to Palisades Boulevard
The Manual on Uniform Traffic Control Devices states:
2B-10 Speed Limit Sign(R2-1
The speed limit sign shall display the limit established by law, or by regulation, after an engineering
and traffic investigation has been made in accordance with established traffic-engineering
practices. The speed limits shown shall be in multiples of 5 miles per hour.
In order to determine the proper numerical value for a speed zone on the basis of an engineering
and traffic investigation the following factors should be considered:
1. Road surface characteristics, shoulder condition, grade alignment and sight distance.
2. The 85`h percentiles speed and pace speed.
3. Roadside development, culture, and roadside friction.
4. Safe speed for curves or hazard locations within the zone.
5. Parking practices and pedestrian activity.
6. Reported accident experience for a recent 12-month period.
Support data for the speed limit evaluation study is available in the project file.
Speed Limit Summary
After review of all the traffic data, the Engineering Department is recommending a speed reduction
to 35 mph on Fountain Hills Boulevard beginning 200 feet south of Crystal Point Drive northward
to Palisades Boulevard. Staff believes that there are adequate safety and engineering reasons to
support this recommendation.
It should be noted that at the Traffic Standards Committee meeting, the Marshals Department and
Sheriff's Office voted for the speed reduction. Their only request was the reduction be posted at
Ironwood Drive, a 3-way stop intersection. This creates less confusion from an enforcement
standpoint.
Staff recommends the reduction from 45 mph to 35 mph on Fountain Hills Boulevard
beginning 200 feet south of Crystal Point Drive northward to Palisades Boulevard.
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ORDINANCE 01-01
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
THE FOUNTAIN HILLS TOWN CODE, CHAPTER 12,
TRAFFIC,ARTICLE 12-1,ADMINISTRATION, SECTION 12-2-2,
TRAFFIC CONTROL DEVICES; SPEED LIMITS, BY
AMENDING PARAGRAPH C OF SAID SECTION TO REFLECT
A DECREASE IN THE SPEED LIMIT ON FOUNTAIN HILLS
BOULEVARD BEGINNING 200 FEET SOUTH OF CRYSTAL
POINT DRIVE NORTHWARD TO PALISADES BOULEVARD
FROM 45 MPH TO 35 MPH.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS:
Section 1: That the Town Code, Chapter 12, Traffic, Article 12-1, Administration, Section 12-
2-2 C,is hereby amended to read as follows:
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Fountain Hills Boulevard beginning 200 feet south of Crystal point Drive northward
to Palisades Boulevard
4
35
PASSED AND ADOPTED this 4th day of January 2001.
A1"1'EST: FOR THE TOWN OF FOUNTAIN HILLS
Cassie B.Hansen,Town Clerk Sharon Morgan,Mayor
REVIEWED BY: APPROVED AS TO FORM:
Paul L. Nordin,Town Manager William E. Farrell,Town Attorney
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(by
MEMORANDUM
TO: Honorable Mayor Morgan and Town Council
FROM: Paul L.Nordin,Town Manager
DATE: December 29, 2000
SUBJECT: Commercial Development Fees
I've attached a memo that I just received from the Chamber regarding commercial development
fees.
(iso I want to remind you that no action is required at this time as next week's agenda calls for a
public hearing only.•Council will be asked to consider this item for action in two weeks.
As I wanted to give you sufficient time to review the enclosed material, it has been provided to
you at this time for informational purposes only.
L
•
(1110 I A
December 29, 2000Of W
CHAMBER OF
COMMERCE
Mr. Paul Nordin
Fountain Hills Town Manager'
The attached statement describes the position on commercial impact fees
developed by the Fountain Hills Chamber of Commerce together with the
potential developers. I believe we have provided sufficient justification for our
position and would ask that it be strongly considered for acceptance by council
members.
We also are prepared to discuss our position during the public hearing when this
item appears on the council agenda.
Thank you for your consideration.
F nk Ferrara, Executive Director
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Fountain Hills Chamber of Commerce • P.O. Box 17598 • Fountain Hills,Arizona 85269-7598 • (480)837-1654 • FAX(480)837-3077
COMMERCIAL IMPACT FEES
(kw. Although the Fountain Hil
ls ain H Is Chamber of Commerce would prefer no impact fees
be assessed against commercial building construction, we realize that the
Council would probably not agree with that position. Consequently, we have
undertaken a discussion with our identified commercial developers to determine
a course of action, together with our justification for that action.
The key ingredient for all of our efforts over the past several years and continuing
into the future, is the development of a viable downtown center with enough
amenities to draw tourists from both within Arizona and outside Arizona in an
effort to increase the sales tax base, thereby keeping property taxes in check.
The underpinning of this effort is the new Community Center. Now that the
Center is under construction, other projects are contemplated to include a movie
theater, retail, restaurants and commercial. Council has recently taken an
important step in the development process by hiring a consultant to assist in the
identification of new business entities for both the north and south sides of
central downtown. This, coupled with a portion of the sales tax increase
dedicated to downtown development can bring future development closer to a
reality.
When the discussion of local impact fees first surfaced, we the Chamber together
with our major commercial developers felt it would be devastating to new
(lbw development that was just getting under way. We felt it would be cost prohibitive
for the smaller projects and that their projects would not be built. To halt
commercial development just getting started, by imposing commercial impact
fees, would be counter productive not only to the developer but also the Town.
When one of our major developers, contemplating a large multi-million dollar
project, publicly stated that the imposition of the contemplated impact fees would
stop his project from being built, it was clear to us in the Fountain Hills Chamber
of Commerce that action must be taken to both save this project and continue to
move forward on other projects both large and small. With this in mind we
attempted to discuss various options and plans that would be fair and equitable
to all parties, the Town and our developers.
We believe we have reached a fair and equitable solution to this complex
situation. The Fountain Hills Chamber of Commerce together with the
commercial developers feel that the commercial impact fees must be equitable
and we are prepared to pay our fair share.
We agree that the level of impact fees assessed for General Government,
Police/Sheriff are fair and equitable and agree to these levels. Where we are in
disagreement is in the equality issue of the Roads fee.
The Giardina Study which is the basis of Council's position on both residential and
commercial impact fees, uses in their example a 2,500 sq.ft. SFR, 500 sq.ft. garage and
300 sq.ft. covered patio valued at $250,000 and a 10,000 sq.ft. commercial retail building
(kw that employs 100 people and generates 5,000 traffic trips per day. The problem as we
see it, is the inequitable application of this fee. The residential portion the road fee
amounts to 24 cents per sq.ft. not including the garage and patio for a total of$609 per
structure. On the other hand the commercial portion of the assessment comes to $1.93
per sq.ft. or$19,300 per structure. We hardly think that this disparity on assessments is
fair or equitable. Further, the assumption that the average retail building will employ 100
people and generate 5,000 traffic trips per day is certainly not applicable to Fountain Hills.
The primary structures that will be constructed are basically "mom & pop" type
businesses as they are now and certainly will employ far less than 100 people and 5,000
traffic trips per day.
The problem with their hypothesis as we see it is that the fee calculation is
attributed to trip generation. The study suggests that with 5,000 trip generation
per day and based on square footage of commercial/industrial, that the bulk of
these trips will occur within the town to and from residences and commercial
facilities. We believe that unless we are able to increase our total employment in
town considerably that the calculations would be much less than 5,000 trips. At
the present time we estimate that employment in Fountain Hills
commercial/industrial is 1,720 for all major employers excluding school and town.
The overwhelming preponderance of our citizens that are employed, work
outside the Town and the heaviest usage of road trips will be people leaving in
the A.M. and returning in the P.M. This will not change for many years to come. If
the study assumption is correct we should currently employ 11,666 people with
titto our current 1,166.593 sq. ft. of commercial/industrial and an additional 12,400
people with new commercial/industrial construction over the next 20 years. If I
am correct in my conclusions.then the proposed assessment of$1.93 per sq. ft.
based-on trip generation if grossly inequitable.
Consequently, in addition to the agreed assessment for the General Government
and Police/Sheriff we would ask you to consider the following two-part proposal.
We propose that the Road Fee be assessed at 24 cents per sq. ft., the same as
residential assessment, keeping in mind that residential development will
increase 2,428 SFR and 1,320 multifamily units with total square footage
increase of 6,008,680 and commercial/industrial construction will add 1,240,000
sq. ft. over the next 20 years.
We believe we have provided sufficient justification in the previous discussion to
warrant this reduction in assessment. We also believe that while this is a
departure from the study results, our recommendation is based on a common
sense approach as applied to Fountain Hills rather than a statistical method of
computation. We also believe that our recommendation is consistent with towns
of our size and commercial activity throughout the Valley.
In the second part of our proposal, we ask that these impact fees be phased in
over a six year period. This will allow for a jump start in construction without
having projects not built, keeping in mind that the majority of planned
construction within the six year period will be for small "Mom & Pop" operations.
Further justification to support the gradual phase-in is to do with the total tax
burden on developers of commercial/industrial buildings.
Based on the 10,000 square foot free standing commercial retail facility, the
following would apply:
Unit
Town Plan Check $ 3,000 (one time)
Building permit $ 3,334 (one time)
Property Tax $ 280 (continuing)
Sales Tax (On building material) $ 6,424 (one time)
Approximate Annual Sales Tax
generated on sales $16.503.61 (continuing)
$ 29,541 ($2.95 per sq. ft.)
The proposed impact fee
when fully implemented: $ 5.600
(Road, Police,Government) $35,141 ($3.50 per sq. ft.)
The phase-in should be equally applied in each of the six years beginning with
2001.
We also agree that as we move into the future, and providing the study
assumption begins to materialize, that Council has the prerogative to increase
commercial fees based on actual rather than projected street usage.
Thank you for your consideration.
December 29, 2000
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December 29, 2000
InterofficeMemo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATIO
Date: 12/29/00
Re: AGENDA ITEM #10—SPECIAL EVENT POLICY
Since the last Council meeting, Marshal Gendler, Bill Farrell and I have met to go over some of the
questions raised regarding the proposed policy. While most of the questions posed were relatively
easy to answer and explain as to the rationale for inclusion, we found that our discussion led to other
questions. These questions seem to deal with how to achieve the primary purpose of the policy that
originally revolved around balancing the public's concern and consternation over excessive street
closures with the public's desire to hold and attend events. We are continuing to grapple with the best
way to achieve that balance and this policy is truly a work in progress. Mr. Farrell will provide you with
a memo prior to the meeting that will include some of the answers and his thoughts on the policy. I
am making a few modifications to some of the language in the policy that can be reviewed at the
(kr meeting. We are also preparing a sample yearlong calendar in an attempt to visualize how the
proposed calendar would work and what changes may need to be made to make it more workable.
This item is not yet agendized for action, rather an ongoing effort to gain input and work out the kinks.
If you would like to discuss any ideas prior to the meeting, please do not hesitate to contact me.
(Smio Page 1 of 1 Agenda Items 1-4-01 Last printed 12/29/00 1:03 PM
12/29/00