HomeMy WebLinkAboutOrd 2000-26TOWN OF FOUNTAIN HILLS
ORDINANCE 00-26
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 7-10-12, TO PROVIDE FOR
THE IMPOSITION OF A GENERAL GOVERNMENT DEVELOPMENT FEE ON ALL NEW
RESIDENTIAL AND NON-RESIDENTIAL DEVELOPMENT PAYABLE AT THE TIME OF
BUILDING PERMIT ISSUANCE TO PROVIDE FOR NECESSARY LAND PURCHASES,
BUILDINGS AND IMPROVEMENTS TO EXISTING TOWN -OWNED BUILDINGS 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 general government facilities anticipated to be placed on the
Town; and
WHEREAS, the Consultants additionally reviewed the existing demand for general government
facilities, the existing general government facilities available to meet that demand and
the method of financing the existing general government facilities; and
WHEREAS, the Consultants have reviewed and relied upon the existing levels of service (LOS) but
different demand generators for general government facilities 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 necessary
land purchases, buildings and improvements to existing Town -owned buildings and;
WHEREAS, the General Government 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 general government services to existing Town residents; and
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WHEREAS, the proportionate share level of service (LOS) standards used to maintain the ratio of
general government facilities and services to residents and to non-residential
development used the General Government Development Fee calculation methodology is
93% residential demand and 7% non-residential demand; and
WHEREAS, the resultant cost per residential dwelling unit is $466.00 and $0.30 per square foot for
Commercial/Industrial (non-residential development); and
WHEREAS, the projected revenue from the General Government 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 General Government 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 General Government
Development Fee is necessary to offset the costs associated with meeting future general
government facilities demand pursuant to the development projections; (2) that the
General Government Development Fee bears a reasonable relationship to the burden
imposed upon the Town to provide new general government facilities to new residents,
employees and businesses and provides a benefit to such new residents, employees and
businesses reasonably related to the General Government 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 general
government facilities to be funded via the General Government Development Fee; and
(4) that the amount of the General Government Development Fee is "roughly
proportional" to the pro rata share of the additional general government facilities needed
to provide adequate municipal 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 General Government 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
General Government Development Fee; and
WHEREAS, the Town has conducted a public hearing on the proposed General Government
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
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WHEREAS, the General Government 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 7-10-12 shall be added to the Town Code, and is hereby enacted to
impose a General Government 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 7-10-12 of Chapter 7 of the Town
Code of the Town of Fountain Hills shall read as follows:
Section 7-10-12. GENERAL GOVERNMENT DEVELOPMENT FEE.
A. All new residential and non-residential development in the Town of Fountain Hills shall be
subject to the payment of a General Government 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
$466.00
$466.00
Per Sq. Ft.
$0.00
$0.00
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 (91") day)
following its adoption by the governing body of the Town of Fountain Hills.
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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: ATTESTED TO:
Sharon Morgan, Mayor
REVIEWED BY:
�w Ordinance 00-26
Page 4 of 4
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Attorney