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Home My WebLink AboutORD 2011-064 ORDINANCE NO. 2011-64 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS APPROVING, ADOPTING AND IMPOSING AMENDED WATER AND WASTEWATER IMPACT FEES; AMENDING CHAPTER 25 UTILITIES AND SERVICES, DIVISION I, ARTICLE II, SECTION 25-25 OF THE GRAPEVINE CODE OF ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE REPEAL OF INCONSISTENT ORDINANCES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Texas Local Government Code, Chapter 395, as amended (the "Code") (formerly Tex.Rev.Civ.Stat.Ann. art. 1269j-4.11, as amended), provides a procedure enabling municipalities to enact impact fees; and WHEREAS, on November 15, 2011 the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider amended Land Use Assumptions and an amended Capital Improvements Plan pursuant to which Water and Wastewater Impact Fees would be imposed; and WHEREAS, on November 15, 2011, after compliance with all legal prerequisites, the City Council approved the amended Land Use Assumptions and an amended Capital Improvements Plan upon the adoption of Resolution No. 2011-71; and WHEREAS, on November 15, 2011, the City Council conducted a public hearing, after compliance with all legal prerequisites, to consider imposing amended Water and Wastewater Impact Fees within the designated service area identified in the amended Land Use Assumption Map; and WHEREAS, the City Council hereby desires to adopt the amended Water and Wastewater Impact Fees which were considered in the November 15, 2011 public hearing; and WHEREAS, the amended Water and Wastewater Impact Fees were developed by qualified professionals using generally accepted engineering and planning practices in accordance with Section 395.014 of the Texas Local Government Code; and WHEREAS, the City Council hereby finds and determines that all legal prerequisites has been complied with. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the City Council hereby approves and adopts the amended Water and Wastewater Impact Fees identified in the Update of Water and Wastewater System Impact Fees Report dated October, 2011, prepared by Freese and Nichols, Inc. A copy of said Report shall be maintained at all times in the office of the City Secretary. Section 3. That Chapter 25 Utilities and Services, Division I, Article II, Section 25-25 (a), is hereby amended in its entirety to read as follows: "Section 25-25. Same —Water and Wastewater impact fee. (a) Amount of impact fee, (1) An impact fee shall be assessed at the time the subdivision plat is approved and recorded against each lot or tract of land and the owner thereof whose water and/or wastewater line shall be connected with any water and/or wastewater line in the city, and the fee shall be assessed at the rates as follows: Category Water Wastewater Residential Per unit of $1,431 $760 Single Family Per unit of $673 $353 Multi-family Per unit of $426 $344 Mixed Use Non-Residential Per Acre of $3,457 $1,752 Commercial/Industrial Per Acre of $22,467 $15,640 Hotel > 50Ft ORD. NO. 2011-64 2 Category Water Wastewater Per Acre of $10,089 $8,758 Corporate Office Per Acre of $2,160 $1,877 Government Use Per 10,000 SF of Mixed Use Restaurant $14,396 $15,012 Retail $859 $942 Per 10,000 SF of High Use Commercial $14,396 $15,012 (2) For purposes of determining the capital impact fee, Single Family shall include the following zoning districts and any other districts developed for single family purposes: R-20, R-12.5, R-7.5, R-5.0, R-MH, R-MODH, PRD-6, PRD-12, and any other districts and conditional uses developed for single family purposes. (3) For purposes of determining the capital impact fee, Multi-family shall include the following zoning districts and any other districts developed for multi-family purposes: R-3.5, R-3.75, R-TH, R-MF, PRD-6, PRD-12 and any other districts and conditional uses developed for multi-family purposes. (4) For purposes of determining the capital impact fee, Commercial/Industrial shall include the following zoning districts and any other districts developed for commercial or industrial purposes, except hotel, and corporate office: LB, CN, CC, HC, CBD, LI, PCD, PID, GU, BP, GV, HGT, RA, and any other districts and conditional uses developed for commercial and industrial purposes (5) For purposes of determining the capital impact fee, Corporate Office shall include the following zoning districts and any other districts developed for hotels less than fifty feet (50') in height and corporate office purposes: HCO, PCD, PID, BP, PO, CC, GU and any other districts and conditional uses developed for hotels less than fifty feet (50') in height and all corporate office purposes. (6) For purposes of determining the capital impact fee, Hotel shall include the following zoning districts and any other districts developed for hotel or corporate purposes: HCO, PCD, PID, BP, CC, GU and any other districts and conditional uses developed for hotel development purposes consisting of hotels greater than fifty feet (50') feet in height. ORD. NO. 2011-64 3 (7) For purposes of determining the capital impact fee, Mixed Use shall include the MXU zoning district and any other districts developed for mixed use purposes. (8) For purposes of determining the capital impact fee, High Use Commercial shall include restaurants, wineries, and wine tasting shops within the CBD zoning district and any other districts developed for high use commercial restaurant, wineries and wine tasting shop purposes. (9) The capital impact fees for both water and wastewater are based upon a Single Family Living Unit Equivalent ("SFLUE") unit of measurement. The SFLUE is established from the average usage of both water and wastewater by a single family residence. The ten land use categories, Single Family, Multi-Family, Mixed Use Residential, Commercial/Industrial, Hotel, Corporate Office, Government Use, Mixed Use Restaurant, Mixed Use Retail, and High Use Commercial are each assigned the following SFLUE: Category Water Wastewater Per unit of 1.00 1.00 Single Family Per unit of 0.47 0.46 Multi-family Per unit of 0.30 0.45 Mixed Use Per Acre of 2.42 2.31 Commercial/Industrial Per Acre of 15.70 20.59 Hotel > 50Ft Per Acre of 7.05 11.53 Corporate Office Per Acre of 1.51 2.47 Government Use ORD. NO. 2011-64 4 Category Water Wastewater Per 10,000 SF of Mixed Use Restaurant 10.06 19.76 Retail 0.60 1.24 Per 10,000 SF of High Use Commercial 10.06 19.76 The assigned SFLUE's are based upon the anticipated usages per unit or acre for each land use category compared to the usage per single family residence. Being the basis for the SFLUE, Single Family is assigned an SFLUE of 1.00. Depending on the amount of water and wastewater usage, land use categories other than Single Family have a greater or lesser SFLUE than the SFLUE assigned to Single Family." Section 4. That all of the provisions of Chapter 25 Utilities and Services, Division I, Article II, Section 25-25 of the Grapevine Code of Ordinances is ratified and approved except for those provisions that are in conflict with this ordinance. Section 5. That if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on first reading on this the 15th day of November, 2011. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on second and final reading on this the 6th day of December, 20111. APPROVED: William D. Tate Mayor ORD. NO. 2011-64 5 ATTEST: ,c- iiett..:e.4ce-, 79(y Linda Huff City Secretary APPROVED AS TO FORM: - c... , Douglas H. Conner, ill Assistant City Attorney ORD. NO, 2011-64 6