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Home My WebLink AboutOrdinance 4982 ORDINANCE NO, 4982 AN ORDINANCE TO AMEND TABLE A, IMPACT FEES IN § 159.03(13)(1 ), § 159.04(D)(1 ), AND § 159.05(D)( 1 ) OF THE UNIFIED DEVELOPMENT CODE TO COMBINE LAND USE CATEGORIES IN TABLE A TO MATCH THE ROAD IMPACT FEE ORDINANCE AND THE STATUTORY DEFINITION OF "DEVELOPMENT" WHEREAS, the City Council passed the Road Impact Fee Ordinance (to be referred for a public vote on April 10, 2007) after combining several land use categories to lessen the cost for new single family, commercial and industrial development and to ease administration of the impact fee ordinance; and WHEREAS, the ordinances for Police and Public Safety System Impact Fees and Fire Protection System Impact Fees should be modified to match the reduced number of land use categories of the Road Impact Fee Ordinance; and WHEREAS, new institutional development such as churches and schools, should not be assessed impact fees as long as they are not commercial (for profit) enterprises pursuant to the statutory definition of "development'. 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 repeals Table A. Impact Fees in § 159.03(D)(1); § 159.04(D)(1 ) and § 159.05(D)(1 ) in their entirety and enacts a new Table A for § 159.03(D)(1 ), § 159.04(D)(1 ) and § 159.05(D)(1 ) as shown below: t "§ 159.03(D)(1) TABLE A POLICE AND PUBLIC SAFETY SYSTEM IMPACT FEES LAND USE UNIT IMPACT FEE Residential Dwelling $162 Nursing Home 1000 sq. ft. $167 Manufactured Pad $239 Home Park Hotel/Motel Room $274 Commercial/Office 1000 sq. ft. $388 Industrial/Warehouse 1000 sq. ft. - $155 Industrial/ 1000 sq. ft. $ 29 Mini-Warehouse "§ 159.04(D)(1 ) TABLE As FIRE PROTECTION SYSTEM IMPACT FEES 1 LAND USE UNIT IMPACT FEE F Residential Dwelling $150 Nursing Home 1000 sq. ft. ' $126 Manufactured Pad ' $222 - HomePark ' Hotel/Motel Room $207 Commercial/Office 1000 sq. ft. $293 = Industrial/Warehouse 1000 sq. ft. $117 Industrial/ 1000 sq. ft. I ' S 22 Mini-Warehouse "§ 159.05(D)(1 ) TABLE A ROAD IMPACT FEES LAND USE UNIT IMPACT FEE Residential Dwelling $25363 Nursing Home 1000 sq. ft. $ 1 ,495 Manufactured Pad $1 ,779 Home Park Hotel/Motel Room $1 ,319 Commercial/Office 1000 sq. ft. $2,701 Industrial/Warehouse 1000 sq. ft. $1 ,676 Industrial/ 1000 sq. ft. $ 587 Mini-Warehouse Page 3 Ord. 4982 '`%N'%NN�F K/TR6''i, PASSED and APPROVED this 601 day of February, 2007. t�°°COSY 0, 'SGS-; APPROVED: ATTEST: - FAYETfEVILLE , � �� ` B y: •.,,UTON DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer N CITY ATTORNEY AGENDA REQUEST /0 7 y-98� FOR: COUNCIL MEETING OF FEBRUARY 6, 2007 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Table A, Impact Fees In §159.03(D)(1 ), §159.04(D)(1 ), and 159.05(D)(1) Of The Unified Development Code To Combine Land Use Categories In Table A To Match The Road Impact Fee Ordinance And The Statutory Definition Of "Development" APPROVED FOR AGENDA: , 2 �1 - 02 City Attorney Date FAY ETTEVILLE THE CITY OF FAYETTEVIIIE, ARKANSAS / KIT WILLIAMS, CITY ATTORNEY _ DAVID WHITAKER, Assn. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO : Dan Coody, Mayor City Council CC : Tim Conklin, Planning & Development Management Director FROM: Kit Williams, City Attorney DATE: January 24, 2007 RE: Impact Fee Table of Charges Amendment I believe we should standardize the administration of Fire and Police Impact Fees to match the City council ' s decision for the Road Impact Fees to combine land use categories rather than use all the different categories detailed in the original Table A of Impact Fees . This will result in lessening the impact fees for single family house construction, as well as commercial and industrial development in the identical fashion approved by the City Council for Road Impact Fees. Standardizing the application of fees for a reduced number of land use categories not only will make administration of these impact fee ordinances easier and more uniform, but I believe more legally defensible. Another change I recommend is removing the impact fees from all churches and schools that would not be considered commercial development under our code: Fire, Police and Road Impact Fees were all authorized by and had to be adopted pursuant to the new Impact Fee Statute (A.C . A. § 14-56- 101 et seq .) . Even though our, Impact Fee experts who prepared our studies helped to write this legislature, their recommended impact fee tables which we adopted may have gone too far. "Development" is defined in this statute to mean "any residential, multi-family, commercial or industrial improvements Although this is a broad definition, it does not specifically cover such non-profit or governmental institutional development such as churches or schools. Therefore, I recommend these types of development be removed from the impact fee tables for Police, Fire and Road Impact Fees. I have checked with Accounting to ensure that we have not collected these types of impact fees yet. This is not an issue for the Water and Wastewater Impact Fees that were adopted under a different state statute (now supported by A.C.A. § 14-56- 101 ). Except for differentiating between single family and multi-family, the water and wastewater fees were based solely on water meter size regardless of the type of development. Please pass this ordinance quickly so that the ballot for the Road Impact Fee election will have the proper Table A, Road Impact Fees, when submitted to the voters. ORDINANCE NO. AN ORDINANCE TO AMEND TABLE A. IMPACT FEES IN § 159.03 (1))( 1 ), § 159.04(D)( 1 ), AND 159.05(D)( 1 ) OF THE UNIFIED DEVELOPMENT CODE TO COMBINE LAND USE CATEGORIES IN TABLE A TO MATCH THE ROAD IMPACT FEE ORDINANCE AND THE STATUTORY DEFINITION OF "DEVELOPMENT" WHEREAS, the City Council passed the Road Impact Fee Ordinance (to be referred for a public vote on April 10, 2007) after combining several land use categories to lessen the cost for new single family, commercial and industrial development and to ease administration of the impact fee ordinance; and WHEREAS, the ordinances for Police and Public Safety System Impact Fees and Fire Protection System Impact Fees should be modified to match the reduced number of land use categories of the Road Impact Fee Ordinance; and WHEREAS, new institutional development such as churches and schools, should not be assessed impact fees as long as they are not commercial (for profit) enterprises pursuant to the statutory definition of "development'. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby repeals Table A. Impact Fees in § 159.03 (D)( 1 ); § 159.04(D)( 1 ) and § 159.05(D)( 1 ) in their entirety and enacts a new Table A for § 159.03(D)( 1 ), § 159.04(D)( 1 ) and § 159.05(D)( 1 ) as shown below: "§ 159.03(D)(1 ) TABLE A POLICE AND PUBLIC SAFETY SYSTEM IMPACT FEES LAND USE UNIT IMPACT FEE Residential Dwelling $162 Nursing Home 1000 sq. ft. $167 Mobile Home Park Pad $239 Hotel/Motel Room $274 Commercial/Office 1000 sq. ft. $388 Industrial/Warehouse 1000 sq. fi $155 Industrial/ 1000 sq. ft. $ 29 Mini-Warehouse "§ 159.04(D)( 1 ) TABLE A FIRE PROTECTION SYSTEM IMPACT FEES LAND USE UNIT IMPACT FEE Residential Dwelling $150 Nursing Home 1000 sq. ft. $ 126 Mobile Home Park Pad $222 Hotel/Motel Room $207 Commercial/Office 1000 sq. ft. $293 Industrial/Warehouse 1000 sq. ft. $ 117 ]ndustrial/ 1000 sq. ft. $ 22 Mini-Warehouse "§ 159.05(D)(1 ) TABLE A ROAD IMPACT FEES LAND USE UNIT IMPACT FEE Residential Dwelling $2,363 Nursing Home 1000 sq. ft. $ 1 ,495 Mobile Home Park Pad $ 1 ,779 Hotel/Motel Room $ 15319 Commercial/Office 1000 sq. ft. $2,701 Industrial/Warehouse 1000 sq. ft. $ 1 ,676 Industrial/ 1000 sq. ft. $ 587 Mini-Warehouse PASSED and APPROVED this 611, day of February, 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk 2. 14.07 Clarice Pearman - Ords. 4972 and 4977-4982 Page 1 From: Clarice Pearman To: Pate, Jeremy Date: 2. 14.07 1:03 PM Subject: Ords. 4972 and 4977-4982 Attachments: 4982 Amend Ch 159 Impact Fees Table A.pdf; 4978 VAC 06-2365.pdf; 4979 VAC 0 6-2400.pdf; 4980 RZN 06-2399.pdf; 4981 Amend Ch 176 Outdoor Lighting.pdf; 4 977 VAC 06-2204.pdf; 4972 Replace Ch 174 & 153.08(G) Signs revised.pdf CC: Audit Jeremy: Attached is a copy of the above ordinances. Ord. 4972 reflects the change in the sign ordinance which left out 174.12(C). The other were passed by the City Council, February 6, 2007. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us Arkansas Democrat C1maxeW Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE , AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Erin Emis , do solemnly swear that ' I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas , (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: Ordinance No. 4982 Was inserted in the Regular Editions: February 17, 2007 Publication Charge : $ 142 . 42 RECEIVED Subscribed and sworn to before me FEB 212007 This jq day of \�4q , 2007. CRY OFFAYE rEVIUE �^�U{ CITY CLERK'S OFFICE Notary Publico {�k My Commission Expires : Sharlene D. Williams Notary Public State of Arkansas My Commission Expires October 18, 2014 W . ORDINANCE NO. 4582 . •I AN ORDINANCE TO AMEND TABLE A, IMPACT O FEES IN § 15503(0)(1), § 159.04(D)(1). AND § S _ CODE TO C OF THE UNIFIED DEVELOPMENT /p �` l� p. CODE TO COMBINE LANG USE CATEGORIES INY {V V ` I TABLE A TO MATCH THE ROAD IMPACT FEE ORDI- NANCE AND THE STATUTORY DEFINITION OF d h , ARKANSAS 'DEVELOPMENT" -WHEREAS,hhe City Council passed the Road Impact Fee Ordinance (lo be referred for a public ` role on April 10, 2007) after combining several land use categories to lessen the cost for new sin- gle family, commercial and industrial development and to ease administration of the Impact fee ordl-'i WHEREAS, the ordinances for Police and Public Safety System Impact Fees and Fire Protect iorl • System Impact Fees should be modified to match the reduced number of land use categories of the Read Impact Fee Ordinance; and IMNEREAS, new institutional development such as churches and schools, should net be assessed Impact fees as lung as they are not commercial (for profit) enterprises pursuant to the statutory del-. inition of "devebpment•. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF; FAYETTEVILLE, ARKANSAS: r. IN I : a Section 1: That the City Council of the City of Fayetteville. Arkansas hereby repeals Table A. Impact' Fees in § 159.03(D)(1); § 159.04(D)(1) and § 159.05(Dx1) In their entirety and enacts a new Table A for § 159.03(DHI)• § 159.114(D)(1) and § 159.05(0)(1) as shown below. Y, '§ 159.03(Dxt) - TABLE A . • POLICE AND PUBLIC SAFETY r SYSTEM IMPACT FEES LAND USE - - UNIT IMPACT FEE Residential ) Dwelling $162 Nursing Home - 1000 sq. R. $167 Manufactured Home Perk Pad 5239 HotellMwel rRoom $274 4 Commercial/Office 1000 sq. ft. $386 IndustrlalAMarehouse 1DOO sq. It. $155 IndustilaWli l-Werelwuse 1000 sq. It : $ 29 TABLE A FIRE PROTECTION 1 i' SYSTEM IMPACT FEES LAND USE 1 UNIT IMPACTFEE Residential Dwelling 5150 Nursing Horne 1000 sq ft. $126 Manufactured Home Perk Pad $222 MoleVMotel . ' '.. .. r Room 'sr ' $207 Nr - , t Commercial/Office 1000 sq. ft. $293 IndusirialfNarehouse 1000 sq. ft. $117 ° f IndusiriallArr-Warehouse 1000 sq. fir. $ 22 TABLE A ROAD IMPACT FEES , LAND USE UNIT IMPACT FEE , Residential Dwelling $2.363 . Nursing Home - 1000 sq, ft. $1,495 Manufactured Home Park Pad $1,779 r , HcteMbtel Room $1,319 .. Commerclat/Of ice - - 1000 sq. ft.' $2,701 Y2 + IndusinaMarehouse 1000 sq: ft. 81,676 'r+tt it IndusaiaVlAinl-Warehouse 1000 sq. it. $ 587 PASSED and APPROVED this 6th day of February, 2007. wl,;'U¢ APPROVED: ATTEST: •fir By: . - By: .. s 1•. DAN GOODY, Mayor SONORA SMITH, CNy Cie rk7lYeesurer F-, s