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Home My WebLink AboutORD 2021-059 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 Ordinance No. 2021-059 1 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 follows: Category 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: Category 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 II 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. L Ordinance No. 2021-059 5 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on second reading on this the 7th day of December, 2021. APPROVED: William D. Tate Mayor ATTEST: 0 z, 1 •. 1.• If11 Y G Y Tara Brooks r`. ;y City Secretary TO FORM APPROVED AS Ma hew Boyle City Attorney I Ordinance No. 2021-059 6