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HomeMy WebLinkAboutOrdinance 4788 WHEREAS, there is both a rational nexus and a rough proportionality between the development impacts created by each type of new development covered by this Ordinance and the impact fees that such development will be required to pay; and WHEREAS, this Ordinance creates a system by which Police and Public Safety System impact fees paid by new developments will be used so that the new development that pays each fee will receive a corresponding benefit within a reasonable period of time after the fee is paid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 159 of the Unified Development Code by enacting § 159.03 Police and Public Safety System Impact Fees as shown on Exhibit A attached hereto. PASSED and APPROVED this 151 day of November, 2005. NOW, K/ 111 RS ,•G�SY •� c • G� APPROVED• ; FAYETTEVILLE ; :> 3 By: Z / 9�•.R g �: DAN COOD , Mayor 9KANPJ�,'` ATTEL)ov.d,�,.v '' i IfftT00�``�• " uuwBy: M^ i SONDRA SMITH, City Clerk 0 EXHIBIT "A" • 159.03 Police and Public Safety System 5) This police and public safety system Impact Fees impact fee is based upon previous and current City Five Year Capital Improvement Project (A) Applicability documents approved annually by City Council Resolution and level of service standards (1 ) The following provisions shall apply adopted within the Police Impact Fee Study of to all of the territory within the City's corporate June 2004 and elsewhere by the City Council. city limits, and any area near the corporate limits Pages 27 through 32 of the Impact Fee Study are if specifically agreed by the owner. incorporated herein and attached as Exhibit I to explain the methodology and formulas for the (2) The following types of development Police and Public Safety System Impact Fees, shall be required to pay a Police and Public the levels of services and increases in capacity Safety System Impact Fee: needed for the Police and Public Safety System. (a) New development within one of (6) It is not the intent of this section the categories of development in Table A. that any monies collected for the police and public safety system impact fee ever be (b) Redevelopment involving the commingled or ever be used for a type of facility construction of ' one or more additional units different from that for which the fee was paid. within one of the categories of development in No impact fee revenue may be used for Table A. operational expenses. (B) Intent (C) Time of Collection ( I) The intent of the Police and Public This impact fee shall be paid to the City Safety System Impact Fee is to offset costs to the by the owner of the property before a certificate City of Fayetteville taxpayers that are reasonably of occupancy is issued for the new development attributable to providing necessary police and or at the closing on the property by the public safety facilities to new development. purchasing owner. (2) This impact fee charged to new (D) Fee Determination development is to generate revenue for funding or recouping expenditures of the City of ( 1 ) Police and Public Safety System Fayetteville that are reasonably attributable to Impact Fee Table. the use and occupancy of the new development. The Impact Fee Administrator shall (3) This impact fee is to be collected determine the correct amount of the Police and and expended only for the planning, design or Public Safety System Impact Fee by use of Table construction of new police and public safety A and information about the type and size of the system facilities or of capital improvements to new development. existing police and public safety system public facilities that expand their capacity or for the recoupment of prior capital improvements to such public facilities that created capacity available to serve new development. (4) The intent of this impact fee requirement is to ensure that new development bears a proportionate share of a the costs of capacity improvements to the police and public safety system facilities, but also to ensure that this proportional share does not exceed the costs of the demand for additional capacity in public facilities that is reasonably attributable to providing these facilities to the use and occupancy of that new development. • EXHIBIT "A" • TABLE A occupied, single family residences to low income individuals shall be exempted from payment of POLICE AND PUBLIC SAFETY SYSTEM impact fees pursuant to this ordinance by the IMPACT FEES Impact Fee Administrator. Impact (b) Appeal. A person aggrieved by the Land Use Unit Fee Impact Fee Administrator's refusal to grant an Single-Family Dwelling $223 Affordable Housing Exemption may appeal the Detached denial to the Planning Commission. Multi-Family Dwelling $ 162 Mobile Home Pad $239 (E) Use of Fees. Park HoteUMotel Room $428 li) Establishment ofAFee Fund t A Police and Public Safety Impact Fee Fund that is distinct Retail/Commercial 1000 sq. ft. $605 from the General Fund of the City is hereby created, and the impact fees received will be Office/lnstitutional 1000 sq. ft. $388 deposited in this Police and Public Safety Impact Fee Account. Nursing Home 1000 sq. ft. $ 167 (2) Impact Fee Account. The Police and Church 1000 sq. ft. $ 136 Public Safety Impact Fee Account shall contain Industrial 1000 sq. ft. $244 only those Police and Public Safety impact fees collected pursuant to this Ordinance plus any Warehouse 1000 sq. ft. $ 155 interest which may accrue from time to time on such accounts. Mini-Warehouse 1000 sq. ft. $ 29 (F) Order of Use. Monies in the Police and Public Safety impact fee account shall be (2) Redevelopment, Reconstruction, considered to be spent in the order collected, on Change of Use. In the event of a redevelopment, a first-in/first-out basis. reconstruction or change of use from an existing development or use, the fee shall be the (G) Use of Fees. The funds in the Police and difference between what the fee would be for the Public Safety Impact Fee account shall be used entire redevelopment or reconstruction project only for the following: and what the fee would have been for the existing development or use. Enlargement of a ( 1 ) The use of the Police and Public single family home will not require any impact Safety System Impact Fees shall be to offset fee. costs to the City of Fayetteville taxpayers that are reasonably attributable to providing (3) Mixed Use. If the proposed development necessary police and public safety facilities to includes a mix of the residential, commercial, new development. industrial or other uses listed in the impact fee schedule, the fee shall be determined by adding (2) This impact fee charged to new up all the police and public safety impact fees development shall generate revenue for funding that would be applicable for each use type as if it or recouping expenditures of the City of was a freestanding land use type. Fayetteville that are reasonably attributable to the use and occupancy of the new development. (4) Affordable Housing Exemption. (3) This impact fee shall be collected (a) Single family housing. Construction and expended only for the planning, design or of single family housing funded wholly or construction of new police and public safety primarily by federal Community Development system facilities or of capital improvements to Block Grants, non-profit service organizations existing police and public safety system public such as Habitat for Humanity, Housing and facilities that expand their capacity or for the Urban Development housing loans and similar recoupment of prior capital improvements to programs designed to provide affordable, owner- such public facilities that created capacity EXHIBIT "A" 40 available to serve new development. (4) The refund shall be made on a pro rata basis, and shall be paid in full no later than (4) No monies collected for the Police ninety (90) days after the date certain upon and Public Safety System Impact Fee shall ever which the refund becomes due. be commingled or ever be used for a type of facility different from that for which the fee was (5) At the time of payment of the paid. Police and Public Safety Impact Fee under this Ordinance, the Police and Public Safety Impact (5) No impact fee revenue shall be used Fee Administrator shall provide the applicant for operational expenses. paying such fee with written notice of those circumstances under which refunds of such fees (6) All Police and Public Safety Impact will be made. Failure to deliver such written Fee revenues shall be spent in accordance with notice shall not invalidate any collection of any subsection (B) Intent. impact fee under this ordinance. (H) Refunds. (1) The City of Fayetteville shall refund the portion of collected development impact fees, including the accrued interest that has not been expended seven (7) years from the date the fees were paid. Interest shall be based on a four percent (4%) annual rate. (2) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (3) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. - + ergoALDE MAN AGENDA REQUEST ARM // / 'r 1 '05 FOR: COUNCIL MEETING OF /0 // 8 )057 FROM: ALDERMAN LIONELD JORDAN and ALDERMAN DON MARK ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Title XV Unified Development Code Of Fayetteville, Chapter 159. Fees By Enacting §159.03 Police And Public Safety System Impact Fees Of The Unified Development Code APP OVED FOR AGENDA: DJC JIONIELD AN ate an 9 - X N MAR Date Tdennan -.� 1 - (3 - 0/ ft Williams i Date City Attorney (as to form) ! D N c ORDINANCE NO. AN ORDINANCE TO AMEND TITLE XV UNIFIED DEVELOPMENT CODE OF FAYETTEVILLE, CHAPTER 159. FEES BY ENACTING §159.03 POLICE AND PUBLIC SAFETY SYSTEM IMPACT FEES OF THE UNIFIED DEVELOPMENT CODE WHEREAS, the protection of the health, safety, and general welfare of the citizens of Fayetteville require that the Fayetteville Police and Public Safety System as a Public Facility of the City be expanded and improved to meet the demands of new development; and WHEREAS, the creation of an equitable development impact fee system would enable the City to generate revenue for funding or for recouping the costs of required Police and Public Safety System capacity improvements that those developments create; and WHEREAS the City has comprehensively studied the future needs of its citizens and what the City needs to do to meet those needs and adopted a Comprehensive General Plan, the 2020 Plan. The City also annually updates its Capital Improvement Projects list of future necessary capital improvements for all city services including police and public safety; and WHEREAS, the City commissioned an in-depth Police and Public Safety Impact Fee Study designed to study future police and public safety capital needs, and the fair and equitable proportion of those capacity improvement needs that new development should pay. This Impact Fee Study was completed in June, 2004, and later adopted by the City Council; and WHEREAS, the Police and Public Safety System Impact Fee Study sets forth reasonable methodologies and analyses for determining the impacts of various types of development on the City's need for additional police and public safety department capacity and facilities; and WHEREAS, the Police and Public System Impact Fees described in this Ordinance are based on the Impact Fee Study, and are designated to generate revenue for funding or for recouping expenditures by the City of Fayetteville that are reasonably attributable to the use and occupancy of the new developments that will pay the fees; and WHEREAS, the Police and Public Safety System Facilities constitute an interrelated system that provides service throughout Fayetteville, and it is therefore appropriate and proper to treat the entire city as a single service area; and WHEREAS, there is both a rational nexus and a rough proportionality between the development impacts created by each type of new development covered by this Ordinance and the impact fees that such development will be required to pay; and WHEREAS, this Ordinance creates a system by which Police and Public Safety System impact fees paid by new developments will be used so that the new development that pays each fee will receive a corresponding benefit within a reasonable period of time after the fee is paid. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 159 of the Unified Development Code by enacting §159.03 Police and Public Safety System Impact Fees as shown on Exhibit A attached hereto. PASSED and APPROVED this 20° day of September, 2005. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk EXHIBIT "A" 159.03 Police and Public Safety System 5) This police and public safety system Impact Fees impact fee is based upon previous and current City Five Year Capital Improvement Project (A) Applicability documents approved annually by City Council Resolution and level of service standards ( 1) The following provisions shall apply adopted within the Police Impact Fee Study of to all of the territory within the City's corporate June 2004 and elsewhere by the City Council. city limits, and any area near the corporate limits Pages 27 through 32 of the Impact Fee Study are if specifically agreed by the owner. incorporated herein and attached as Exhibit I to explain the methodology and formulas for the (2) The following types of development Police and Public Safety System Impact Fees, shall be required to pay a Police and Public the levels of services and increases in capacity Safety System Impact Fee: needed for the Police and Public Safety System. (a) New development within one of (6) It is not the intent of this section the categories of development in Table A. that any monies collected for the police and public safety system impact fee ever be (b) Redevelopment involving the commingled or ever be used for a type of facility construction of one or more additional units different from that for which the fee was paid. within one of the categories of development in No impact fee revenue may be used for Table A. operational expenses. (B) Intent (C) Time of Collection (1) The intent of the Police and Public This impact fee shall be paid to the City Safety System Impact Fee is to offset costs to the by the owner of the property before a certificate City of Fayetteville taxpayers that are reasonably of occupancy is issued for the new development attributable to providing necessary police and or at the closing on the property by the public safety facilities to new development. purchasing owner. (2) This impact fee charged to new (D) Fee Determination development is to generate revenue for funding or recouping expenditures of the City of Fayetteville that are reasonably attributable to ( 1 ) Police and Public Safety System Y Y Impact Fee Table. the use and occupancy of the new development. The Impact Fee Administrator shall (3) This impact fee is to be collected determine the correct amount of the Police and and expended only for the planning, design or Public Safety System Impact Fee by use of Table construction of new police and public safety A and information about the type and size of the system facilities or of capital improvements to new development. existing police and public safety system public facilities that expand their capacity or for the recoupment of prior capital improvements to such public facilities that created capacity available to serve new development. (4) The intent of this impact fee requirement is to ensure that new development bears a proportionate share of a the costs of capacity improvements to the police and public safety system facilities, but also to ensure that this proportional share does not exceed the costs of the demand for additional capacity in public facilities that is reasonably attributable to providing these facilities to the use and occupancy of that new development. EXHIBIT "A" programs designed to provide affordable, owner- TABLE A occupied, single family residences to low income individuals shall be exempted from payment of POLICE AND PUBLIC SAFETY SYSTEM impact fees pursuant to this ordinance by the IMPACT FEES Impact Fee Administrator. Impact (b) Appeal. A person aggrieved by the Land Use Unit Fee Impact Fee Administrator's refusal to grant an Single-Family Dwelling $223 Affordable Housing Exemption may appeal the Detached I denial to the Planning Commission. Multi-Family Dwelling $ 162 Mobile Home Pad $239 (E) Use of Fees. Park (1) Establishment of Accounts. A Police and Hotel/Motel Room $428 Public Safety Impact Fee Fund that is distinct Retail/Commercial 1000 sq. ft. $605 from the General Fund of the City is hereby created, and the impact fees received will be Office/Institutional 1000 sq. ft. $388 deposited in this Police and Public Safety Impact Fee Account. Nursing Home 1000 sq. ft. $ 167 (2) Impact Fee Account. The Police and Church 1000 sq. ft. $ 136 Public Safety Impact Fee Account shall contain only those Police and Public Safety impact fees Industrial 1000 sq. ft. $244 collected pursuant to this Ordinance plus any Warehouse 1000 sq. ft. $ 155 interest which may accrue from time to time on such accounts. Mini-Warehouse 1000 sq. ft. $ 29 (F) Order of Use. Monies in the Police and Public Safety impact fee account shall be (2) Redevelopment, Reconstruction, considered to be spent in the order collected, on Change of Use. In the event of a redevelopment, a first-in/first-out basis. reconstruction or change of use from an existing development or use, the fee shall be the (G) Use of Fees. The funds in the Police and difference between what the fee would be for the Public Safety Impact Fee account shall be used entire redevelopment or reconstruction project only for the following: and what the fee would have been for the existing development or use. Enlargement of a (1) The use of the Police and Public single family home will not require any impact Safety System Impact Fees shall be to offset fee. costs to the City of Fayetteville taxpayers that are reasonably attributable to providing (3) Mixed Use. If the proposed development necessary police and public safety facilities to includes a mix of the residential, commercial, new development. industrial or other uses listed in the impact fee schedule, the fee shall be determined by adding (2) This impact fee charged to new up all the police and public safety impact fees development shall generate revenue for funding that would be applicable for each use type as if it or recouping expenditures of the City of was a freestanding land use type. Fayetteville that are reasonably attributable to the use and occupancy of the new development. (4) Affordable Housing Exemption. (3) This impact fee shall be collected (a) Single family housing. Construction and expended only for the planning, design or of single family housing funded wholly or construction of new police and public safety primarily by federal Community Development system facilities or of capital improvements to Block Grants, non-profit service organizations existing police and public safety system public such as Habitat for Humanity, Housing and facilities that expand their capacity or for the Urban Development housing loans and similar recoupment of prior capital improvements to EXHIBIT "A" such public facilities that created capacity (4) The refund shall be made on a pro available to serve new development, rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon (4) No monies collected for the Police which the refund becomes due. and Public Safety System Impact Fee shall ever be commingled or ever be used for a type of (5) At the time of payment of the facility different from that for which the fee was Police and Public Safety Impact Fee under this paid. Ordinance, the Police and Public Safety Impact Fee Administrator shall provide the applicant (5) No impact fee revenue shall be used paying such fee with written notice of those for operational expenses. circumstances under which refunds of such fees will be made. Failure to deliver such written (6) All Police and Public Safety Impact notice shall not invalidate any collection of any Fee revenues shall be spent in accordance with impact fee under this ordinance. subsection (B) Intent. (H) Refunds. (1 ) The City of Fayetteville shall refund the portion of collected development impact fees, including the accrued interest that has not been expended seven (7) years from the date the fees were paid. Interest shall be based on a four percent (4%) annual rate. (2) A refund shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (3) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the present owners of the property no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to all present owners of record shall be sufficient to satisfy the requirement of notice. EXHIBIT POLICE The Fayetteville Police Department consists of over 150 sworn and civilian members_ The department operates programs such as School Resource Officers, Crime Prevention and Neighborhood Policing. Officers in the department work a number of different patrols using automobiles, motorcycles and bicycles. The department's K-9 Division is comprised of three K-9 teams, whish are assign ed.to patrol shifts and assist in the normal day-to-day patrol operations. The Fayetteville City )ail is planned to be closed, and will not be included in the police impact fee calculations. Service Area Fayetteville's police facilities constitute an interrelated system that provides service throughout the City's jurisdiction. Consequently, the entire city is appropriately defined as a single service area. Service Unit As with the fire impact fees, the service unit for the police impact fees will be "functional population" as described in Appendix B. Itis reasonable to assume that the demand for police facilities is at least roughly proportional to the presence of people at the site of a land use. Itis also reasonable to recognize that residential and nonresidential land uses may place somewhat different demands on police facilities. Different police protection costswill be developed for residential and nonresidential development based on calls-for-service- In 2003, the Fayetteville Police Department received a total . of 48,100 calls-for-service (excluding road-related calls). Table 34 below shows the distribution of calls-for-service by land use type for 2003. Table 34 POLICE CALLS-FOR-SERVICE, 2003 Land Use Calls . Percent Residential 19,608 40.8%- . Nonresidential 28,502 59.2% Total 48110 100.0% Source: Fayetteville Police Department. May 2004 texcluding mad elated calls)- Cost per Service Unit Police impact fees are designed to charge new development the cost of providing the same level of. service that is provided to existing: development. The existing level - of service for police protection facilities is based on the replacement cost of existing facilities. Table 35 -below shows the total replacement cost for each of the Police Departments main facilities. The replacement cost for all existing facilities is $7,945,686. duneanassociates - Fayetteville\Impact Fee Study: Roads , Fire & Po/ice - June 22,2004, Page 27 ' Table 35 POLICE FACILITY REPLACEMENT COSTS Building . Building Land Total Facility Address S . Ft. Acres . Cost Cost Cost Police/Courts Bldg 100 W. Rock St. 24,855 1.5 $4,971,000 $109, 157 $5,080, 157 Animal Sheher/Kennel 1640 Armstrong Rd, 1068 2.5 $2,393,600 $181,929 $2,575,529 Warehouse 1651 S. Happy Hollow n/a n/a $100,000 n/a $100000 Mt. Robinson Tower Edwards Rd. - n/a n/a $100,000 n/a $100,000 Generator Bldg, 140 W. Rock St. n/a n/a . $90,000 n/a $90,000 Total 36,823 4.0 $7,654,600 $291,086 $7,945,686 Source- Facility names, square feet, acres and replacement cost of $200 per square toot f rom City of Fayetteville Police Department. March 5 and-lune 22, 2060 memoranda: replacement costs for facilities without square feet from City inswedvalues listing, October 22, 2003: land costs based on cost per acre for most recent fire station from Table 25. In addition to the main police facilities, .other capital equipment required to prsvide police protection services include patrol cars, office equipment and communications , equipment. The replacement value of existing capital » - ' equipment is estimated based on original .purchase price From _ the Department's fixed asset listing. Table 36 summarizes all of the Police Department's current facilities and capital equipment. The total replacement cost for all police protection facilities and equipment is estimated to . be about. 113-1 million. - Table 36 POLICE FACILITY AND EQUIPMENT REPLACEMENT COST Cost Component Units Total Cost Police Facility Replacement Cost n/a -$7,945,686 Patrol Cars .43 :$1,909,630 Telecommunications Facilities 10 $2,284,880 Computer Equipment 11 $439, 102 - Mach Equipment 11 ' $238,377 Mise. Vehicles" 2 $75,599 Storage 1 $63,103 Office Equipment - 4 $42,862 Generators 1 $29281 Detectors 1 $10,500 Furniture and Fixtures 1 $7,122 Lab Equipment - 1 .$6,487 . . Other 1 $8,071 Total Re lacement Cost $13,060700 - - Source. Police facility replacement cost from Table 35: equipment, number . of units and total cost from the Fayetteville Police Department. March 5. 2004 and June 15. 2004 memoranda. dune an ' associates Fayetteville\Impact Fee Study. Roads , Fire Er Po/ice June 22, 2004, Page 28