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.
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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