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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 Page 2 of 4 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: ..�li�S�►C' William E. Farrell, Town Attorney