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HomeMy WebLinkAboutOrdinance 4973 ORDINANCE NO. 4973 201 J A'� LG PrI 2' ' 6 r3 • 0 0 i iDS pr"it i li U. JrH!TITLE XV UNIF I I l DEVELOPMENTAN ORDINANCCODE OF FAYETO T EVILLE, CHAPTER tI 'GTGh K. FEES BY ENACTING § 159.05 ROAD IMPACT FEES OF THE UNIFIED DEVELOPMENT CODE AND TO REFER THIS ORDINANCE TO THE VOTERS FOR THEIR ADOPTION OR REJECTION WHEREAS, the protection of the health, safety, and general welfare of the citizens of Fayetteville require that the streets and roads identified in the Capital Improvement Program, the 2003 Traffic and Transportation Study, and the 2006 Sales Tax Bond Proposal (collectively hereinafter "Capital Plan") 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 Capital Plan' s 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 2025 Plan. The City also annually updates its Capital Improvement Program list of future necessary capital improvements for all city services including streets and roads; and WHEREAS, the City commissioned an in-depth Road Impact Fee Study designed to study future street and road 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 September 23 , 2005, updated on May 2, 2006, and later adopted by the City Council on June 20, 2006 ; and WHEREAS, the Road 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 road capacity improvements; and WHEREAS, the Road Impact Fees described in this Ordinance are based on the updated 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 Master Street Plan and the Capital Plan 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 i Page 2 Ord. 4973 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 Road 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 ENACTED 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 § 159.05 Road Impact Fees as shown on Exhibit A attached hereto. Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby refers to the people of the City of Fayetteville the above proposed ordinance enacting § 159.05 Road Impact Fees for their adoption or rejection in an election to be held within the City of Fayetteville pursuant to Amendment 7 of the Arkansas Constitution on or about the lou' day of April, 2007. If a majority of electors vote to adopt the proposed ordinance, then § 159.05 Road Impact Fees shall then become the law in Fayetteville effective on July 1 , 2007. If a majority of electors vote to reject the proposed ordinance, the Road Impact Fees will not go into effect and § 159.05 shall not be enacted. Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby determines that all projects for which valid building permits have been issued by the City prior to July 1 , 2007, shall be exempt from Road Impact Fees for the structure constructed pursuant to that building permit. Y OA SG PASSED and APPROVED this 16th day of January, 2007. APPROVED: ATTEST: : FAYETTEVILLE: `SpkANSP�J=; By. By: I rwin/� „nuuu� DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer EXHIBIT "A" 159.05 Road Impact Fees (5) This road impact fee is based upon previous and current City Five Year Capital (A) Applicability Improvement Program documents approved annually by City Council Resolution, the 2003 (1 ) The following provisions shall apply Traffic and Transportation Study, and the Sales to all of the territory within the City's corporate Tax Bond Proposal for street improvements city limits, and any area near the corporate limits (hereinafter collectively referred to as the if specifically agreed by the owner. "Capital Plan") and level of service standards adopted within the Road Impact Fee Study of (2) The following types of development September, 2005, as updated in May, 2006, and shall be required to pay a Road Impact Fee: elsewhere by the City Council. The Impact Fee t Study of May 2, 2006, is incorporated herein and (a) New development within one of shall be filed in the City Clerk's Office and is the categories of development in Table A. attached to this Exhibit "A" to explain the methodology and formulas for the Road Impact (b) Redevelopment involving the Fees, the levels of services and increases in construction of one or more additional units capacity needed for the Capital Plan. within one of the categories of development in Table A. (6) It is not the intent of this section that any monies collected for the road impact fee (B) Intent ever be commingled or ever be used for a type of facility different from that for which the fee was (1) The intent of the Road Impact Fee paid. No impact fee revenue may be used for is to offset costs to the City of Fayetteville operational expenses. taxpayers that are reasonably attributable to providing necessary capacity improvements to (C) Time of Collection collector or arterial streets to serve new developments. This impact fee shall be paid to the City by the owner of the property before a certificate (2) This impact fee charged to new of occupancy is issued for the new development development is to generate revenue for funding or at the closing on the property by the or recouping expenditures of the City of purchasing owner. Fayetteville that are reasonably attributable to the use and occupancy of the new development. (D) Fee Determination (3) This impact fee is to be collected (1) Road Impact Fee Table. and expended only for the planning, design or construction of new collector or arterial streets or The Impact Fee Administrator shall of capital improvements to existing collector or determine the correct amount of the Road Impact arterial streets that expand their capacity or for Fee by use of Table A and information about the the recoupment of prior capital improvements to type and size of the new development. such collector or arterial streets 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 the costs of capacity improvements to the collector and arterial streets, but also to ensure that this proportional share does not exceed the costs of the demand for additional capacity in those streets that is reasonably attributable to providing these streets to the use and occupancy of that new development. EXHIBIT "A" from payment of impact fees pursuant TABLE A to this ordinance by the Impact Fee Administrator. ROAD IMPACT FEES (b) Appeal. A person aggrieved by the Impact Impact Fee Administrator's refusal to grant an Land Use Unit Fee Affordable Housing Exemption may appeal the Residential Dwelling $2,363 denial to the Planning Commission. Mobile Home Park Pad $1 ,779 (E) Use of Fees. Hotel/Motel Room $1 ,319 (1) Establishment of Accounts. A Road Commercial/Office 1000 sq. ft. $2,701 Impact Fee Fund that is distinct from the General Fund of the City is hereby created, and the Nursing Home 1000 sq. ft. $ 1 ,495 impact fees received will be deposited in this Church/School Road Impact Fee Account. Industrial/Warehouse 1000 sq. ft. $ 13676 (2) Impact Fee Account. The Road Impact Mini-Warehouse 1000 sq. ft. $ 587 Fee Account shall contain only those impact fees collected pursuant to this Ordinance plus any (2) Redevelopment, Reconstruction, interest which may accrue from time to time on such accounts. Change of Use. In the event of a redevelopment, reconstruction or change of use from an existing (F) Order of Use. Monies in the Road Impact development or use, the fee shall be the Fee Account shall be considered to be spent in difference between what the fee would be for the the order collected, on a first-in/first-out basis. entire redevelopment or reconstruction project and what the fee would have been for the (G) Use of Fees. The funds in the Road Impact existing development or use. Enlargement of a Fee Account shall be used only for the single family home will not require any impact following: fee. ( 1 ) The use of the Road Impact Fees (3) Mixed Use. If the proposed development shall be to offset costs to the City of Fayetteville includes a mix e. the residential, commercial, industrial or other uses listed in the impact fee taxpayers that are reasonably attributable to schedule, the fee shall be determined by adding providing necessary collector up all the road impact fees that would be capacity improvement to new development. or arterial street applicable for each use type as if it was a (2) This impact fee charged to new freestanding land use type. development shall generate revenue for funding or recouping expenditures of the City of (4) Affordable Housing Exemption. Fayetteville that are reasonably attributable to a Single family and non-profit multi- the use and occupancy of the new development. O g Y p family supportive housing. Construction (3) This impact fee shall be collected of single family and non-profit multi- and expended only for the planning, design or family supportive housing funded construction of new collector or arterial streets or wholly or primarily by federal of capital improvements to existing collector or Community Development Block arterial streets that expand their capacity or for Grants, non-profit service organizations the recoupment of prior capital improvements to such as Habitat for Humanity, Housing such collector or arterial streets that created and Urban Development housing loans capacity available to serve new development. and similar programs designed to provide affordable, owner-occupied, (4) No monies collected for the Road single family residences to low income Impact Fee shall ever be commingled or ever be individuals and non-profit multi-family used for a type of facility different from that for supportive housing shall be exempted which the fee was paid. EXHIBIT "A" (5) No impact fee revenue shall be used for operational expenses. (6) All Road Impact Fee revenues shall be spent in accordance with 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. (4) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (5) At the time of payment of the Road Impact Fee under this Ordinance, the Impact Fee Administrator shall provide the applicant paying such fee with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any collection of any impact fee under this ordinance. ` F ROAD IMPACT FEE STUDY FAYETTEVILLE ,FARKANSAS Y 3 F prepared by duncanlassociates May 2006 CONTENTS EXECUTIVE SUMNI M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 LEGAL FRAMEWORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 DEVELOPER EXACTIONS AND CREDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SERVICE UNITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 IMPACT FEE METHODOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 MAJOR ROADWAY SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 EXISTING DEFICIENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 COST PER SERVICE UNIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 REVENUE CREDITS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 TRAVEL DEMAND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 POTENTIAL FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 APPENDIX A: MAJOR ROADWAY INVENTORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 APPENDIX 13: ARKANSAS IMPACT FEE ENABLING ACT' . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 LIST OF TABLES AND FIGURES Table 1 : ROAD IMPACT I4FF. SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Table 2: CAPITAL FUNDING BY SOURCE, 2004-2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 '.'able 3: SALES TAX CAPITAL FUNDING, 2004-2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Table 4: OUTSTANDING DF_13T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Table 5: POPULATION GRO\Xrl'I I, 1990-2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 6: RESIDENTIAL BUILDING PERMITS, 1996-2004 . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Table 7: EXISTING HOUSING UNITS BY TYI'L- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Table 8: TOTAL DAILY VEHICLE MILES OF TRAVEL . . . . . . . . . . . . . . . . . . . . . . . . . . 14 'fable 9: TOTAL DAILY VEFIICLI A4ILES OF CAPACITY . . . . . . . . . . . . . . . . . . . . . . . . 14 Table 10: SYSTEMWIDE RATIO OF CAPACITY TO DEMAND . . . . . . . . . . . . . . . . . . . . 15 Table 11 : PLANNED ROAD 1NIPROVFMFNT COSTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Table 12: ROAD COST PER SERVICE UNIT' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Table 13: FFDER 1L/STA'K'E 11IGHXX%AY FUNDING, 2001 -2025 . . . . . . . . . . . . . . . . . . . . 17 1"able 14: CITY SALES TAX FUNDING, 2004-2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Table 15: ROAD REVENUE CREDIT PER SERVICE UNIT . . . . . . . . . . . . . . . . . . . . . . . . 19 Table 16: ROAD NET COST PER SERVICE UNIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 "fable 17: AVERAGE TRIP LENGTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Table 18: AVERAGE TRIP LENGTH BY TRIP PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Table 19: "TRAVEL DF_NfAND SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . 23 Table 20: ROAD NET COST SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Table 21 : POTENTIAL ROAD IMPACT FEE REVENUE . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Table 22: MAJOR ROADWAY INVENTORY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Figure 1 : PLANNING AREA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 lf1C"1J° lORKf _Fgure : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Figure 3: EXISTING MAJOR ROADWAY SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 prepared be Duncan Associates Clancy- \9ullen, Principal Author 13276 Research Boulevard, Suite 208, Austin, TX 78750 (512) 258-7347 x 204; clancl a duncanplan.com EXECUTIVE SUMMARY This study calculates maximum impact fees that could be adopted by the Citv of Fayetteville to help fund growth-related infrastructure improvements for major roads. "l'he road impact fees have been calculated with and -without the inclusion of right-of-way (RO\\0 costs. If road impact fees are adopted, the City would need to give developers credit against their impact fees for the cost of any required land dedication or capacity improvement that adds through lanes to any adjacent or internal arterial or collector roadway. . However, if ROW costs are excluded from the road impact fee, credit -would need to be given only for improvement costs. T7tis report relies heavily on the road impact fee analysis contained in the ]une 2004 Impact Fee Study. Road, Fire and Pa/ice that we previously prepared for the City. T7ie major change was to substitute the proposed bond program projects for the historical projects used as the basis for the road impact fees. T11e calculated maximum fees for selected land uses and potential annual impact fee revenues are summarized in Table 1 . The maximum road impact fees and potential revenues would be 8 percent lower if ROW costs are excluded. It should be kept in mind that the City will need to give credit against the road impact fees for the value of some developer dedications or improvements, and consequently, actual road impact fee revenues received in cash will likely be less than indicated in the table below. Table 1 ROAD IMPACT FEE SUMMARY Land Use Unit Without ROW With ROW Single-Family Detached Dwelling $3,409 $3,722 Multi-Family Dwelling - $2,363 $2,580 Mobile Home Dwelling $1 ,779 $1 ,943 Retail 1 ,000 sq. ft. $4,023 $4,393 Office 1 ,000 sq. ft. $2,701 $2,950 Industrial 1 ,000 sq. ft. $2,353 $2,569 Potential Annual Revenue $4, 108,043 $4,485,558 Source: Maximum road fees from Table 20: potential revenues from Table 21 . duncanlassociates Fayetteville\Road Impact Fee Study May 2, 2006, Page 1 LEGAL FRAMEWORK Municipalities in Arkansas are authorized by state law to enact impact fee ordinances, provided that they follow the requirements of Arkansas Statutes 4 14-56-102, Development Impact Fees. This section provides a brief summary of those requirements most relevant to the City of Fayetteville. The entire statute is reproduced in Appendix B. Impact fees area one-time fee that can only be assessed on new development. Water and wastewater impact fees can be assessed at the time of purchase of the water meter, but all other types of impact fees must be assessed at the time of issuance of the certificate of occupancy. The amount of impact fees paid for a newly-constructed building must be separately itemized on the closing statement at the time the property is sold. The City can allow the fee to be paid in installments. Impact fees must be spent for capital improvements that provide benefit to the fee-paying development. This can include existing improvements that have excess capacity that was built to accommodate future growth. Section 14-56-102(c)(1) provides that the fees can only be used for: ... Me planning, design and construction of new public facililies or of capital inprovements to existing pnhlit fay lines that expand its capacity orfor the recoupment of prior capital improvements to publir facilities that created rapacity that is available to sense new development. Impact fees can be pledged to repay bonds that have been issued to fund growth-related capital improvements. However, they cannot be used to pay for: the operation or maintenance of ark prchlic facility{ or for the construction or improvement of public facilities, that does not create additional capacit� (Section 14-56-102(c)(3)) In Arkansas, impact fees can only be adopted to fund certain types of public ,facilities. Section 14-56- 102(b) limits the use ofimpact fees to "providing necessary public facilities," and Section 14-56-102(x)(7) defines "public facilities" to include only the following: (A) Eater srpp/y, treatment, and distribution,for either domestic water orforsrppressionoffires; (13) I i%astewaler treatment and sanitary sewerage, (C) Stornmater drainage (D) Roads, streets, sidewalks, highways mrd public lean,partation; (T) Librvp; (1 ) Parks, open space, and recreation areas, (G) Police orpublic safety; (H) Fir, protection; and (1) Ambulance or emergeng medical transportation and response. To assess impact fees, a city must first adopt an ordinance. The ordinance must be preceded by the development of a capital plan and level of service standards for the types of facilities for which the impact fees are to be imposed. The capital plan must include: duncanlassociates Fayetteville\Road Impact Fee Study May 2, 2006, Page 2 a description of new public facilities or of new capital improvements to existing public facilities or of previous capital improvements to public facilities that continue to provide capacity available jar new development that includes cost estimates, and ca ,pacio available to sense new development ... (Section 14-56-102(1)(1) As noted, prior to adopting a road impact fee ordinance, the City must adopt a capital plan and a level of service standard for roads, pursuant to Section 14-56- 102(e)(2). The capital plan, which describes the projects that would be eligible for funding with the City's road impact fees, is shown Table 11 . The level of service on which the fees calculated in this report are based is a one-to-one system wide ratio of vehicle-miles of capacity to vehicle-miles of travel (see the discussion in the sections on "Road Impact Fee Methodology" and "Existing Deficiencies," as well as the formula in Figure 2). Pursuant to Section 14-56-102(e)(3), the impact fee ordinance must contain the following: (A) A statement of the newpublie facilities and capital improvements to existing public facili ies that are to be financed by impact fees and the level of service standards included in the capital plan for the public facilities that are to be financed with impact fees; 03) The actual formula or for a las far asses.dng the impact fee, wbich shall be consistent with the level of service standanh; (C) The procedure by which impact fees are to be assessed and collected; and (D) The procedure for refund of excess impacifees, in accordance witb subsection (b) of this section. Impact fees collected must be deposited into a separate interest-bearing account and spent only, for the type of improvements for which they were collected. Interest earned on these accounts shall be spent for the same purposes as the impact fees themselves. Any funds not spent within seven years must be refunded to the fee-payer. dun canlassociates Fayetteville\Road Impact Fee Study May 2, 2006, Page 3 BACKGROUND An impact fee is a form of "exaction," through which a developer or builder is required to contribute to the costs of public improvements required to serve the development. Generally, impact fees are designed to pay for the new development's proportionate share of the cost of off-site improvements, and credit against the fees is given if the developer is required to contribute to the system of facilities for which the fees are charged through on-site dedication, construction or monetary payment. Typically the fee is levied on some easily measurable unit of activity, such as the construction of one dwelling unit or 1 ,000 square feet of commercial or industrial space. In Arkansas, impact fees are generally collected at the time of certificate of occupancy or water meter purchase. llne Cin' finances most capital improvements on a pay-as-vou-go basis. This is done utilizing revenues from the one-percent City sales tax renewed in 2002 (of which, by City Council resolution, 50 percent is used to fund capital projects), the one-percent Hotel, Motel, Restaurant sales tax adopted in 1996 to fund park improvements, and operating revenues from the City's enterprise funds, including water, wastewater and solid waste. The City's last five-year capital improvements program (CIP), excluding non-recurring funding such as one-time bond proceeds, included over $66.6 million in capital funding for the five-year period. Over half olthe pay-as-you-go funding is from the one-percent sales tax, as shown in Table 2. Table 2 CAPITAL FUNDING BY SOURCE, 2004-2008 Revenue Source Amoun arc Sales Tax $36,854,000 55.4% Water & Sewer Fund $12,983,000 19.5% Airport Fund $6,755,000 10. 1 % Shop Fund $6,625,000 10.0% Parks Development Fund $2,391 ,000 3.6% Solid Waste Fund $854,000 1 .3% Off-Street Parkin Fund $113,000 0.2% Total $66,575,000 100.0% Source: City of Fayetteville, Capital Improvements Program, 2004- 2008, 0042008. December 2003 (excludes bond proceeds). The City's sales tax capital funding is spent on a wide variety of improvements. Foremost among these are streets and traffic signals, other transportation improvements and parks, as shown in Table 3. r duncanjassociates Fayetteville\Road Impact Fee Study May 2, 2006, Page 4