HomeMy WebLinkAboutOrd 2000-23TOWN 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
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
„r Ordinance 00-23
Page 1 of 4
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
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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
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 single-family dwelling unit
Per multi -family dwelling unit
Non -Residential Development
Commercial
Industrial
SECTION 3. SEVERABILITY.
Per Dwelling Unit
$609.00
$326.00
Per Sq. 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.
Ordinance 00-23
Page 3 of 4
SECTION 4. EFFECTIVE DATE.
This Ordinance shall be effective at 12:01 a.m. on February 15, 2001 (the ninety-first (915) 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 16t' day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS:
Sharon Morgan, "Ma
REVIEWED BY:
c
Alin, own anager
Ordinance 00-23
Page 4 of 4
ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
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William E. Farrell, Town Attorney