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HomeMy WebLinkAboutOrd 2000-24TOWN 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 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. Ordinance 00-24 Page 1 of 4 WHEREAS, the resultant cost per residential dwelling unit is $1,130.00 for community parks and 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 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 single-family dwelling unit Per multi -family dwelling unit SECTION 3. SEVERABILITY. Per Dwelling Unit $1,130.00 $1,130.00 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 (9151) day) following its adoption by the governing body of the Town of Fountain Hills. Ordinance 00-24 Page 3 of 4 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 16`' day of November, 2000. FOR THE TOWN OF FOUNTAIN HILLS: Sharon Morgan, Mayor REVIEWED BY: /P.�u' din, Town Manager Ordinance 00-24 Page 4 of 4 ATTESTED TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: William E. Farrell, Town Attorney