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Home My WebLink AboutORD 2006-087 ORDINANCE NO. 2006-87 AN ORDINANCE 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 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 December 5, 2006, 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 December 5, 2006, 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. 2006-74; and WHEREAS, on December 5, 2006, 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 December 5, 2006 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. 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 2006, 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 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 follows: Category Water Wastewater Residential Per unit of $ 1,910 $ 927 Single Family Per unit of $ 866 $ 434 Multi-family Per unit of $ 540 $ 419 Mixed Use Non-Residential Per Acre of $ 4,614 $ 2,135 Commercial/Industrial Per Acre of $ 29,988 $ 19,083 Hotel > 50Ft Per Acre of $ 13,466 $ 10,687 Corporate Office ORD. NO. 2006-87 2 Category Water Wastewater Per Acre of $ 4,614 $ 3,664 Government Use Per 10,000 SF of Mixed Use Restaurant $ 19,215 $ 18,318 Retail $ 1,146 $ 1,149 Per 10,000 SF of High Use $ 19,215 $ 18,318 Commerical (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 S-P for single family development and conditional uses for single family development. (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-1, R-MF-2, PRD-6, PRD-12 and S-P for multi-family development and conditional uses for multi-family development. (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 S-P for all commercial and industrial development and conditional uses for commercial and industrial development. (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 S-P for hotels less than fifty feet (50') in height and all corporate office development and conditional uses for hotels less than fifty (50') in height and all corporate office development. (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 S-P for all hotel development consisting of hotels greater than fifty feet ORD. NO. 2006-87 3 (50') feet in height and conditional uses for hotel development greater than fifty feet (50') 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, winery 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 0.45 0.47 Multi-family Per unit of 0.28 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 2.42 3.95 Government Use ORD. NO. 2006-87 4 Category Water Wastewater Per 10,000 SF of Mixed Use Restaurant 10.06 19.76 Retail 0.6 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 I I 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. 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. 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 5th day of December, 2006. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on second and final reading on this the 19th day of December, 2006. APPROVED: William D. Tate Mayor ORD. NO. 2006-87 5 ATTEST: C2)flifia. *rig Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. ' City Attorney ORD. NO. 2006-87 6