HomeMy WebLinkAboutOrdinance No. 2010-1853CITY OF THE COLONY
ORDINANCE NO. 2010-1853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, AMENDING CHAPTER 8, SECTION 8-52
OF THE CODE OF ORDINANCES, ENTITLED "DEFINITIONS"
BY REDEFINING THE TERM "CAPITAL IMPROVEMENT
PLAN"; AMENDING CHAPTER 8, SECTION 8-64(B) OF THE
CODE OF ORDINANCES, ENTITLED "ROADWAY IMPACT
FEE," BY UPDATING THE ROADWAY IMPACT FEES FOR
ROADWAY FACILITIES BASED UPON AN AMENDED LAND
USE ASSUMPTIONS, AND CAPITAL IMPROVEMENTS PLAN;
REPEALING CHAPTER 17, ARTICLE II, SECTIONS 17-7 AND
17-8, ENTITLED "FEES" OF THE CODE OF ORDINANCES, AND
REPLACING IT WITH A NEW CHAPTER 17, ARTICLE II,
SECTION 17-7, ENTITLED "FEES"; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
AND PROVIDING FOR SAID ORDINANCE TO TAKE
IMMEDIATE EFFECT.
WHEREAS, Chapter 395 of the Texas Local Government Code authorizes the
imposition and collection of roadway facilities impact fees for eligible capital
improvements and facilities; and
WHEREAS, the City of The Colony, Texas, has previously adopted land use
assumptions, capital improvements plan for roadway facilities impact fees; and
WHEREAS, Section 395.052 of the Texas Local Government Code requires the
City of The Colony, Texas, to conduct a periodic update of the land use assumptions and
capital improvements plan; and
WHEREAS, the City of The Colony (hereinafter referred to as the "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, as amended, 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 the findings set forth above are found to be true and correct
and are hereby incorporated into the body of this Ordinance for all purposes as if fully set
forth herein.
SECTION 2. That Chapter 8 of the Code of Ordinances be, and the same is,
hereby amended by amending Section 8-52, entitled "Definitions" to read as follows:
"See. 8-52. Definitions.
Capital improvements plan means a plan contemplated by this article that identifies
capital improvements or facility expansions for which impact fees may be assessed. The
said plan is dated March 2007 and entitled "Impact Fee Capital Improvements Plan," as
prepared by Kimley-Horn and Associates, Inc. and on file in the office of the city
secretary, and is the plan dated May 2010, and entitled "Roadway Impact Fee Update," as
prepared by Kimley-Horn and Associates, Inc. and on file in the office of the city
secretary."
SECTION 3. That Chapter 8 of the Code of Ordinances be, and the same is,
hereby amended by amending Section 8-64(b), entitled "Roadway Impact Fees" to read
as follows:
"(b) Roadway impact fees.
(1) The land use assumptions ("LUA") and the roadway impact, fee update, which is
identical to the capital improvements plan ("CIP"), prepared by Kimley Horn and
Associates, Inc., dated May, 2010, 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
years.
(2) The roadway impact fee Table 8-3.1 to be charged is attached hereto and
incorporated herein for all purposes as Exhibit "B" attached to Ordinance No. 2010-
1853."
SECTION 4. 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 5. 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 III of Exhibit "A".
SECTION 6. 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 IV of Exhibit "A,"
as amended.
SECTION 7. That Chapter 17, Article II, Sections 17-7 and 17-8 of the Code of
Ordinances of the City of The Colony, Texas, titled "Fees" is repealed in its entirety, and
is replaced with a new Chapter 17, Article II, Section 17-7 which shall read as follows:
"ARTICLE II. FEES
Sec. 17-7. Pro rata agreement.
The city council may approve and authorize a development agreement with a landowner
or development of land located within the jurisdiction of the city or its extraterritorial
jurisdiction to provide for either on-site or off-site improvements or infrastructure and to
recover the proportionate cost thereof from other landowners and developers who benefit
from such improvements.
Secs. 17-8-17-24. Reserved."
SECTION 8. 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 9. 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 10. 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 11. This section is adopted pursuant to Chapter 395 of the Texas Local
Government Code, as amended. The provisions of this section shall not be construed to limit
the power of the 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 12. The provisions of this section apply to all new development within
the corporate boundaries of the City.
SECTION 13. 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 14. 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 15. An application for an amending plat made pursuant to Section
212.016 of the Texas Local Government Code, as amended, and the Subdivision
Regulations, is not subject to reassessment for an impact fee.
SECTION 16. It is hereby declared to be the intention of the City Council that the
words, phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable,
and if any word, phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared unconstitutional by the valid judgment or decree of any court of competent
jurisdiction, such unconstitutionality shall not affect any of the remaining words, phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have
been enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional word, phrase, clause, sentence, paragraph or section.
SECTION 17. Any provision of any prior ordinance of the City, whether codified
or uncodified, which is in conflict with any provision of this Ordinance, is hereby repealed
to the extent of the conflict, but all other provisions of the ordinances of the City, whether
codified or uncodified, which are not in conflict with the provisions of this Ordinance shall
remain in full force and effect.
SECTION 18. This Ordinance shall become effective immediately from and after
its passage and publication as required by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, THIS day of July , 2010.
Mayor
ATTEST:
Christie Wilson, City Secretary
APPROVED AS TO FORM:
Jef oore, Ci Attorney
r: 4
TE~aS~
Exhibit "A"
Land Use Assumptions
and
Capital Improvements Plan
Exhibit "B"
Roadway Impact Fee
TABLE 8-3.1
Land Use Category
ITE Land
Use Code
Development Unit
Veh-Mi Per
Dev-Unit
Impact Fee Per
Development Unit
PORT AND TERMINAL
Truck Terminal
030
Acre
26.20
$ 12,314
100%
INDUSTRIAL
General Light Industrial
110
1,000 SF GFA
_ 3.88
$ _ 1,823
100%
General Heavy Industrial
120
1,000 SF_GFA
2.72 _
$ 1,278
100%
Industrial Park
130
1,000 SF GFA
3.44
$ 1,616
100%
Warehousing
150
0 SF GFA
1,0_0
1.28
$ 601
100%
Mini-Warehouse
151
_
1,000 SF GFA
1.04
$ 488
100%
RESIDENTIAL
Single-Family Detached Housing
210
_ Dwelling Unit
4.04
$ 1,898
_100%
Apartment/Multi-family
22
0
Dwelling Unit
2.48 _
$ 1,165
100%_
Residential Condominium/Townhome
_
_
230
Dwelling Unit
2.08
-
$ 977
100%
-
Mobile Home Park / Manufactured Housing
240
Dwelling Unit
2.36
$ 1,109
100%
Senior Adult Housing-Detached
251
Dwelling Unit
1.08
$ _ 507
100%_
_
Housing-Attached
Senior Adult
252
Dwelling
0.64
$ 300
100%
-
Assisted Living
254
Beds
0.88
$ 413
100%
LODGING
Hotel
310
Room
1.90
$ 524
59%
Motel / Other Lodging Facilities
320
Room
1.51
$ 416
59%
RECREATIONAL
Golf Driving
Range
432
Tee
_ 4.02
$ 1,108
59%
_
Golf Course
430
Acre
0.96
$ 265
59%_
Recreational Community Center
495
1,000 SF GFA
4.66
$ 1,452
66%_
Ice Skating Rink
465
1,000 SF GFA
7.59
$ 2,092
59%_
Miniature Golf Course
431
Hole
1.06
$ 292
_59% _
Multiplex Movie Theater
445
_ Screens
43.85
$ 2,061
10%
_
Racquet / Tennis Club
491
Court
10.77
$ 2,968
59%
INSTITUTIONAL
-
Church
560
1,000 SF GFA
1.16___
1
$ 545
_ 100%
Day Care Center
565
1,000 SF GFA
18.31
8,605
__100%
Primary/Middle School (1-8)
522
Students
0.34
$ 154
_96%
High School
530
Students
0.27
$ 126
100%
Junior / Community Colleg
e
540
--Students
0.25
$ 117
100%
_
_
University / College
550
Students
0.44
$ 206
100%
MEDICAL
Clinic
630
1,000 SF GFA
19.55
$_2,6_94
29%
Hospital
610
Beds
4.95
$ 677
29%
Nursing Home
620
Beds
0.83
$ 114
29%
Animal HospitalNeterinary Clinic
640
1,000 SF GFA
12.46
$ 1,711
29%
TABLE 8-3.1
Land Use Category
ITE Land
Use Code
Development Unit
Veh-Mi Per
Dev-Unit
New Impact Fee As
Same $
OFFICE
Corporate Headquarters Building
714
1,000 SF_GFA
5.60
$ 772
29%
General Office Building
710
1,000 SF GFA
_ 5.96 _
$ 821
29%
Medical-Dental Office Building
720
1,000 SF GFA
13.84
$ 2,050
32%
Single Tenant Office Building
_
715
1,000 SF GFA
6.92
$ 954
_ 29%0
Office Park
750
1,000 SF GFA
5.92
$ 827
30%
COMMERCIAL
_
Automobile Related
Automobile Care Center
942
1
,000 SF Occ. GL_A
6.52
$ 898
29.%__
Automobile Parts Sales
843
_
_
1,000 SF_GFA_
10.96
$ 1_,51_0_
__29%
_
Gasoline/Service Station
944
Vehicle Fueling P_osition_
4.83
664
_29%_
Gasoline/Service Station w/ Conv Market
_945_
Vehicle Fueling Position
3.53
$ 486
29%
Gasoline/Service Station w/ Conv Market and Ca
946
Vehicle Fueling Position_
3.68
$ 485
_ 28%
New Car Sales
841
1,000 SF_G_FA
6.66
$ 936
30%_
Quick Lubrication Vehicle Shop
941
_Servicing Positions
10.01
$ 1,379
_29%
Self-Service Car Wash
947
Stall
1.99
$ 274
29%
_
_
Tire Store
848
1,000 SF GFA
9.61
$ 1,604
36%
Dining
Fast Food Restaurant with Drive-Thru Window
934
1,000 SF G
FA
40.52
$ 5,716
30%
_
Fast Food Restaurant without Drive-Thru Windo
933
_
1,000 SF GFA
31.31
$ 4,315
_
29%
High Turnover (Sit-Down) Restaurant
932
1,000 SF GFA
15.22
$ 2,055
29%
Quality Restaurant
931
1,000 SF GFA
10.05
$ 1,385
29%
Coffee/Donut Shop with Drive-Thru Window
937
1,000 SF GFA
30.85
$ 4,251
29%
Other Retail
Free-Standing Discount Store
15
8
1,000 SF GFA
11.25
$_1,5_70
30%
_
Nursery (Garden Center)
_
_
817
1,000 SF GFA_
_ 8.55 _ _
$ 1,178
_29%
_
Home Improvement Superstore
862
1,000 SF GFA
3.96 _
$__759
41%
Pharmacy/Drugstore w/o Drive-Thru Window
880
1,000 SF GFA
12.72
$ 1,947
33%
Pharmacy/Drugstore w/ Drive-Thru Window
881
1,000_SF_GFA
16.97
$ 1,947
24% _
Shopping Center
820
1,000 SF GFA
7.91
$_1,097
30%
Supermarket
850
1,000 SF GFA
21.60
$ 2,963
_29% _
Toy/Children's Superstore
864
1,000 SF GFA
11.23
$ 1,547
29%
Department Store
875
1,000 SF GFA
4.01
$ 552
29%
Video Rental Store
896
1,000 SF GFA
21.86
$ 3,012
29%
SERVICES
Walk-In Bank
911
1,000 SF GFA
12.34
$ 4,645
80%
Drive-In Bank
912
Drive-in Lanes
24.62
$ 5,662
49%
Hair Salon
918
1,000 SF GLA
1.72
$ 647
80%