HomeMy WebLinkAboutItem 07 & 08 - Impact FeesMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: November 16, 2021
SUBJECT: PUBLIC HEARING AND ORDINANCE APPROVING WATER AND
WASTEWATER IMPACT FEE AMENDMENTS
RECOMMENDATION: City Council to conduct a Public Hearing to consider amended Water
and Wastewater Impact Fees and adoption of an ordinance on first
reading approving the amended water and wastewater impact fees.
FUNDING SOURCE:
BACKGROUND: The Impact Fee Advisory Committee met with City staff and
representatives of Freese and Nichols, Inc., on July 12, 2021, August 23,
2021 and September 27, 2021 to review the proposed Land Use
Assumptions, Capital Improvements Plan and Impact Fees for the Ten
Year Planning Period of 2016 to 2026. In those meetings, the Freese and
Nichols representatives submitted a draft report addressing various
elements of the proposed Land Use Assumptions, Capital
Improvements Plan and Impact Fees for the committee's review.
Based upon the projected population and total acreage of developed
non-residential land, water and wastewater demands were developed
for 2031. Utilizing these water and wastewater demands, the City's
water and wastewater master plans, and additional staff input, Freese
& Nichols developed the Capital Improvements Plan for the planning
period of 2021 to 2031. The report provided an assessment of the City's
water and wastewater systems as follows:
* Projects constructed before 2021
* Projects to be constructed between 2021 and 2031
In the meeting of September 27, 2021, the Impact Fee Advisory
Committee reviewed maximum water and wastewater impact fees that
could be imposed for the Ten -Year Planning Period of 2021 to 2031. In
that meeting, the Freese and Nichols representatives submitted a draft
report addressing various elements of the second and final phase of
developing Water and Wastewater Impact Fees including mandated fee
credits.
The Impact Fee Advisory Committee recommends that the City Council
consider adopting the following maximum allowable fees:
MAXIMUM FEE AFTER 50% CREDIT
Water/SFLUE $1,543
Wastewater/SFLUE $845
Total $2,388
Past Fees imposed by the City per SFLUE have been
1
2016
2011
2006
2002
2000
1999
1998
1990
Water
$1,622
$1,431
$1,910
$1,696
$1,292
$1,148
$1,003
$764
Waste
$792
$760
$927
$1,082
$605
$478
$351
$140
water
Total
$2,414
$2,191
$2,837
$2,778
$1,897
$1,626
$1,354
$904
The recommended fees per SFLUE will yield the following fees per
category of development.
Residential
Category
Water
Wastewater
Per unit of Single Family
$1,543
$845
Per unit of Multi -family
$694
$355
Per unit of Mixed Use
$432
$372
Non -Residential
Category Water Wastewater
Per acre of Commercial/
$3,734
$1,936
Industrial
Per Acre of Hotel > 50 ft
$24,225
$19, 381
Per acre of Corporate Office
$10,878
$9,694
Per acre of Government Use
$2,330
$2,096
Per 10,000 sf of Mixed Use
$15,523
$16,701
Restaurant
Per 10,000 sf of Mixed Use
$926
$1,048
Retail
Per 10,000 sf of High Use
$15,523
$16,701
Commercial
Staff recommends approval
ORDINANCE NO. 2021-059
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS APPROVING,
ADOPTING AND IMPOSING AMENDED WATER
AND WASTEWATER IMPACT FEES; AMENDING
SECTION 25-25, DIVISION I, ARTICLE II,
CHAPTER 25 OF THE GRAPEVINE CODE OF
ORDINANCES RELATING TO UTILITIES AND
SERVICES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR THE REPEAL OF
INCONSISTENT ORDINANCES; DECLARING AN
EMERGENCY 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 16, 2021 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 16, 2021, 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. 2021-019; and
WHEREAS, on November 16, 2021, 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 16, 2021
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; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act and
Chapter 211 of the Local Government Code; and
WHEREAS, the City Council deems the adoption of this ordinance is in the best
interests of the health, safety, and welfare of the public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all matters stated herein above are true and correct and
are incorporated herein by reference, as if copied in their entirety.
Section 2. 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 2021, 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. Section 25-25, (a), Division I, Article II, Chapter 25 of the
Grapevine Code of Ordinances relating to Utilities and Services 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
fol lows:
Cateaory Water Wastewater
Residential
Per unit of $ 1,543 $ 845
Single Family
Per unit of $ 694 $ 355
Multi -family
Per unit of $ 432 $ 372
Mixed Use
Ordinance No. 2021-059 2
Non -Residential
Per Acre of $ 3,734 $ 1,936
Commercial/Industrial
Per Acre of $24,225 $ 19,381
Hotel > 50Ft
Per Acre of $ 10,878 $ 9,694
Corporate Office
Per Acre of $ 2,330 $ 2,096
Government Use
Per 10,000 SF of
Mixed Use
Restaurant $ 15,523 $ 16,701
Retail $ 926 $ 1,048
Per 10,000 SF of
High Use Commercial $ 15,523 $16,701
(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.
Ordinance No. 2021-059 3
(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.
(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:
Cateaory
Water
Wastewater
Per unit of
1.00
1.00
Single Family
Per unit of
0.45
0.42
Multi -family
Per unit of
0.28
0.44
Mixed Use
Per Acre of
2.42
2.29
Commercial/Industrial
Per Acre of
15.70
22.93
Hotel > 50Ft
Per Acre of
7.05
11.47
Corporate Office
Ordinance No. 2021-059 4
Cateaory Water Wastewater
Per Acre of 1.51 2.48
Government Use
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. All of the provisions of Chapter 25, Division 1, Article 11 of the
Grapevine Code of Ordinances relating to Utilities and Services is ratified and
approved except for those provisions that are in conflict with this ordinance.
Section 5. That the terms and provisions of this ordinance shall be
deemed to be severable, and that if the validity of any section, subsection, word,
sentence or phrase shall be held to be invalid, it shall not affect the remaining
part of this ordinance.
Section 6. That the fact that the present ordinances and regulations of
the City of Grapevine, Texas, are inadequate to properly safeguard the health,
safety, morals, peace and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the immediate preservation of the
public business, property, health, safety and general welfare of the public which
requires that this ordinance shall become effective from and after the date of its
final passage, and it is accordingly so ordained.
Section 7. This ordinance shall become effective immediately from and
after its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on first reading on this the 16th day of November, 2021.
Ordinance No. 2021-059 5
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on second reading on this the day of
2021.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2021-059 6