HomeMy WebLinkAboutOrd 2000-22TOWN 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
Ordinance 00-22
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WHEREAS, the proportionate share level of service (LOS) standards used to maintain the ratio of
Town Marshal facilities and services to residents and to non-residential development
used the Town Marshal Development Fee calculation methodology is 93% residential
demand and 7% non-residential demand; and
WHEREAS, the resultant cost per residential dwelling unit is $32.00 and $0.02 per square foot for
Commercial/Industrial (non-residential development); and
WHEREAS, the projected revenue from the Town Marshal Development Fee is anticipated to be
supplemented by non -development funding by the Town; and
WHEREAS, the Consultants have prepared a Development Fee Study (September 26, 2000) including
the Town Marshal Development Fee assumptions, residential and non-residential
development projections, capital improvements and development fee calculations, which
Study has been submitted to and reviewed by Town staff and officials; and
WHEREAS, the Development Fee Study has been presented to, and reviewed by, the Mayor and
Common Council of the Town, which has determined: (1) that the Town Marshal
Development Fee is necessary to offset the costs associated with meeting future Town
Marshal facilities and service demand pursuant to the development projections; (2) that
the Town Marshal Development Fee bears a reasonable relationship to the burden
imposed upon the Town to provide new Town Marshal facilities and services to new
residents, employees and businesses and provides a benefit to such new residents,
employees and businesses reasonably related to the Town Marshal Development Fee, per
capita and per vehicle trip; (3) that an "essential nexus" exists between the projected new
residential and non-residential development and the need for additional Town Marshal
facilities to be funded via the Town Marshal Development Fee; and (4) that the amount
of the Town Marshal Development Fee is "roughly proportional" to the pro rata share of
the additional Town Marshal facilities needed to provide adequate Town Marshal
services to new residential and non-residential development, while maintaining the
existing level of service (LOS) standard currently provided to Town residents,
employees and businesses; and
WHEREAS, the Town currently does not have a Town Marshal Development Fee 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.
Ordinance 00-22
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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 7-10-8 shall be added to the Town Code, and is hereby enacted to
impose a Town Marshal 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 7-10-8 of Chapter 7 of the Town
Code of the Town of Fountain Hills shall read as follows:
Section 7-10-8. TOWN MARSHAL DEVELOPMENT FEE.
A. All new residential and non-residential development in the Town of Fountain Hills shall be
subject to the payment of a Town Marshal Development Fee payable at the time of building
permit issuance by the Town, pursuant to this Ordinance and the Development Fee Procedural
Ordinance (Ordinance 00-21) as follows:
Residential Development
Per single-family dwelling unit
Per multi -family dwelling unit
Non -Residential Development
Commercial
Industrial
SECTION 3. SEVERABILITY.
Per Dwelline Unit
$32.00
$32.00
Per Sg. Ft.
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 (91") day)
following its adoption by the governing body of the Town of Fountain Hills.
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A
N
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona,
this 16t' day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS:
REVIEWED BY:
ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
aul Nordi ,ToOKn Manager William E. Farrell, Town Attorney
Ordinance 00-22
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