HomeMy WebLinkAboutOrd 2000-25TOWN 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
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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
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:
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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 (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 16'h day of November, 2000.
FOR THE TOWN OF FOUNTAIN HILLS:
REVIEWED BY:
l�
aul Nordiif, Town Manager
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ATTESTED TO:
ti
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Attorney