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Home My WebLink AboutOrdinance No. 04-1584 - - -----..- --------- ORDINANCE N;"- >'8 t.f AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 17 BY ADDING SECTION 17-7, ROADWAY IMPACT FEES, TO PROVIDE FOR THE APPROV AL AND ADOPTION OF THE LAND USE ASSUMPTIONS AND ROADWAY IMPACT FEES AS PROVIDED IN EXHIBITS "A" AND "B", TOGETHER WITH ALL AMENDMENTS, EXHIBITS AND APPENDICES THERETO, WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES; PROVIDING METHODOLOGY FOR ROADWAY IMP ACT FEES TO INCLUDE SERVICE AREAS, SERVICE UNITS, COST PER SERVICE UNIT, COST OF THE CAPITAL IMPROVEMENTS PLAN; PROVIDING FOR IMPACT FEE CALCULATIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony (hereinafter "City") contracted with Kimley Horn and Associates, Inc. to perform a Roadway Impact Fee Update, a copy of which is attached hereto and incorporated herein as Exhibit "A," as amended," which is attached hereto and incorporated herein for all purposes; and, WHEREAS, in accordance with Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE, notices have been published, public hearings have been held and the written recommendations received concerning land use assumptions and Roadway Impact Fees, which is identical to the capital improvements plan prepared by a qualified professional engineer; and, WHEREAS, the City Council finds that it is in the best interest of the citizens of the City to adopt such land use assumptions and roadway impact fees established herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That Chapter 17 of the Code of Ordinances be, and the same is, hereby amended by adding a new Section 17-7, Roadway Impact Fees, providing for the approval and adoption of the Land Use Assumptions ("LUA") and the Roadway Impact Fee Update, which is identical to the Capital Improvements Program [Plan] ("CIP"), prepared by Kimley Horn and Associates, Inc., dated December, 2004, which is attached I hereto and incorporated herein for all purposes as Exhibit "A", together with all its amendments and exhibits, which are attached hereto and incorporated herein by reference, and which shall be kept on file in the office of the City Secretary, which shall read as follows: CHAPTER 17 PLANNING AND DEVELOPMENT .... . ARTICLE II. FEES .... . "Sec. 17-7. Roadway impact fees. (a) The Land Use Assumptions ("LUA") and the Roadway Impact Fee Update, which is identical to the Capital Improvements Program [Plan] ("CIP"), prepared by Kimley Horn and Associates, Inc., dated December, 2004, which is attached hereto and incorporated herein for all purposes as Exhibit "A", together with all its amendments, exhibits and appendices, are hereby approved. Exhibit "A" is not set out herein but is on file and shall be maintained in the office of the city secretary and available for inspection. The LUA and Roadway Impact Fee established herein shall be reviewed and updated at least every five (5) years. (b) The roadway impact fee to be charged is attached hereto and incorporated herein for all purposes as Exhibit "B". SECTION 2. A roadway facilities impact fee, as provided in Exhibit "B" and as authorized by Chapter 395 of the TEXAS LOCAL GOVERNMENT CODE, as amended, is hereby imposed. The maximum amount of the roadway facilities impact fee that could be assessed within the Service Area will be determined as provided in Exhibit "A." The actual amount of impact fees assessed within the service area will be determined as provided by in Exhibit "B". SECTION 3. The methodology for roadway impact fees, including the service area, service units, cost per service unit, and service unit calculation shall be provided in Chapter IV of Exhibit "A". SECTION 4. Impact fee calculations, which shall include maximum assessable impact fee per service unit, plan for awarding the roadway impact fee credit, and service unit demand per unit of Development shall be as provided in Chapter V of Exhibit "A," as amended. SECTION 5. Any construction of, contributions to, or dedications of off-site roadway facilities agreed to or required by the City as a condition of development approval shall be credited against roadway facilities impact fees otherwise due from the development. SECTION 6. The City Secretary shall submit a written certification, signed by the Mayor verifying compliance with Chapter 395 to the Attorney General each year, not later than the 30th day of September. The certification shall include the statement: "This statement certifies compliance with Chapter 395, TEXAS LOCAL GOVERNMENT CODE." SECTION 7. A record must be made and kept of the public hearings conducted as provided by this chapter and maintained and made available for public inspection for at least ten (10) years after the date of the hearing." SECTION 8. This section is adopted pursuant to V.T.C.A., TEXAS LOCAL GOVERNMENT CODE, Chapter 395. The provisions of this section shall not be construed to limit the power ofthe City to utilize other methods authorized under State law or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this section. Guidelines may be developed by City Council resolution or otherwise to implement and administer this section. SECTION 9. The provisions of this section apply to all new development within the corporate boundaries of the City. SECTION 10. No application for new development shall be approved within the City without assessment of an impact fee pursuant to this article, and no building permit shall be issued unless the applicant has paid the roadway facilities impact fee imposed by and calculated hereunder. SECTION 11. Following the lapse or expiration of approval for a plat, a new assessment shall occur at the time of final approval of a new plat. SECTION 12. An application for an amending plat made pursuant to TEXAS LOCAL GOVERNMENT CODE, Section 212.016, and the Subdivision Regulations, is not subj ect to reassessment for an impact fee. SECTION 13. That all provisions of the Code of Ordinances of the City of The Colony, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 14. That should any word, phrase, paragraph, or section of this ordinance or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Code of Ordinances as a whole. · SECTION 15. That this ordinance shall take effect immediately from and after its passage and publication, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of The Colony, Texas, this IaJh day off)jl,{'ß~004. APPROVED: '~ BY:\~~~S?\ t JOHN DILLARD, MAYOR , 0-lUÆ t~ CHRISTIE WILSON, CITY SECRETARY By: AS~kWb~) OBERT E. HAGER, CITY ATTORNEY (REH/cdb 12/2/04) . Exhibit B: Land Use / Vehicle-Mile Equivalency Table (LUVMET) Land Use Category ITE Land Development Veh-Mi Per Impact Fee Per Use Code Unit Dev-Unit Service Unit PORT AND TERMINAL Truck Tenninal 030 Acre 26.20 $ 14,441 40% INDUSTRIAL -~.~ General Light Industrial 110 1,000 SF GFA 3.92 $ 2,161 40% _General Heavy Industrial 120 1,000 SF GFA, 2.72 $ 1,499 40% Industrial Park 130 1,000 SF GFA 3.44 $ 1,896 40% W ar~!~~~~j_ng 150 _l,(jOO SF GFA 2.36 $ 1,301 40% Mini-Warehouse 151 1,000 SF GFA 1.04 $ 573 40% RESIDENTIAL __ .._ _n _º-'Yel1ing Unit $ 35% §5~gl_e_~Family Detached Housing 210 4.04 1,948 ----"'p-,,-,truent/M uIti- family 220 Dwellin_g U2~ 2.48 $ 1,538 45% Residential Condomillium/Townhome 230 Dwelling Unit 2.08 $ 1,290 45% Mobile Home Park 240 Dwellin¡¡Unit 2.36 $ 1,463 45% -Assisted Living 254 Dwelling Unit 0.88 $ 546 45% LODGING Hotel 310 Room 1.90 $ 524 20% Motel/ Other Lodging- Facilities Room ------- 320 1.51 $ 416 20% RECREATIONAL --------- ___ p~ìying ~nge 432 Tee 4.02 $ 1,108 20% Golf Course 430 Acre 0.96 $ 265 20% ---- Health/Rec. Clubs and Facilities 495 1,000 SF GFA 5.27 $ _I~~~ 20% Ice Rink 465 1,000 SF GF A 7.59 $ 2,092 20% Miniature Golf 431 Hole 1.06 $ 292 20% ,__Multiplex Movie Theater 445 Screens - -------_.._-~. $ --------- 43.85 12,085 20% Racquet / Tennis Club 491 Court 10.77 $ 2,968 20% INSTITUTIONAL Church 560 1,000 SF GFA 1.39 $ 670 35% Day Care Center 565 1,000 SF GFA 27.68 $ 13,350 35% Pnmary/M,ddleJ)chool (1-8) 522 Students 0.32 $ 154 35% --- ____ _ _ _" _.un __~_ High School (9-12) 530 Students 0.29 $ 140 35% Jr / Community College_ _, 540 Students 0.25 $ 121 35% University / College 550 Snldents 0.44 $ 212 35% MEDICAL Clinic 630 I,OOOSFGFA_ ~_ ~_~88 ,~":'>_ Hospital 610 Beds 4.91 $ 1,353 20% Nursing Home 620 Beds 0.83 $ 229 20% OFFICE ------ --- _forporate H_e~qu~te!S Building _714 1,000 SF GFA 5.60 $ 772 10% General Office Building 710 , l,gO(jSF GFA--_ 5.96 $ 821 10% ------ ------.-- - Medical/Dental Office 720 1,000 SF GFA 14.88 $ 2,050 10% -..-...-.--.--_'_'_0"____·----- Single Tenant Office Buildin&.____ 715 1,000 SF GFA 6.92 $ 954 10% ---- Office/Business Park 750 1,000 SF GFA 6.00 $ 827 10% COMMERCIAL -------- ----- Automobile Related Automobile Care Center 942 1,000 SF GFA 6.52 $ 898 10% Automobile Parts Sales 843 1,000 SF GFA 10.96 !__,J.,~~ 10'% --- ----------------- ~- Gasoline/Service Station 944 Fueling Position 4.82 $ 664 10% Gasoline/Service Station w/ Cony Market 945 Fueling Position 3.53 $ 486 10% Service Station wi Con v Market and Car Wash 946 Fueling Position 3.52 $ 485 10% New and Used Car Sales 841 1,000 SF GFA 6.79 $ 936 10% Quick Lubrication Vehicle Center 941 Service Position 10.01 $ 1,379 10% Self-Service Car Wash 947 Stall 1.99 $ 274 10% _n T-irë-Store- .'. "-_-0 '..n.... --------- 848 1,000 SF GFA 11.64 $ 1,604 10% Dini~JL Fast Food Restaurant with Drive- Thru 934 1,000 ~(jF~ 41.48 $ 5,716 10% ----.--------- --- .---....------. - ----- ._._..._--------~-- Fast Food Restaurant without Drive- Thru 933 1,000 SF GFA 31.31 $ _~,315_ 10% High Tumover {S_it~º0\¥l1J R,estaurant , 932 , J,(jOO sl'.gl'~ 14.91 $ 2,055 10% Sit Down Restaurant 931 1,000 SF GFA 10.05 $ 1,385 10% Other Retail Free-Standing Retail Store ---------- 815 1,000 SF GFA 11.39 $ nJ2~ 10% Garden Center (Nursery) _ 817 ,I,OOO~£.GFA-- 8.55 $ 1,178 10% ---- Home Improvement Superstore ~~2___ n 1,000 SF GFA 5.51 $ 759 10% Phamlacy/Drugstore 881 1,000 SF GFA 14.13 $ 1,947 10% Sho!'l'ing Center 820 , .,1 ,Q(jOSF ..<J£~ 7.96 $ 1,097 10% _SuP~!1_~~r.~~~ _ 850 1,(j()()SF GFA 21.50 $ 2,963 10% Toy/Children's Superstore 864 _I,QOQSF GF "'- 11.23 $ 1,547 10% Video Rental Store 896 1,000 SF GFA 21.86 $ 3,012 10% SERVICES ,_ Bank (Walk-In) 911 1,000 SF GFA 33.71 $ 4,645 10% Ba¡;k'(Drive In) 912 1,000 SF GFÁ'-4T09 $ 5,662 10%