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07-1342 City Code Impact Fee Ordinance Amendment0 7- !~~ 2 CITY OF MERIDIAN ORDINANCE NO. ' BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE 'OF IDAHO, AMENDING TITLE 10, CHAPTER 7, EXHIBIT A, MERIDIAN CITY CODE, KNOWN AS THE MERIDIAN IMPACT FEE ORDINANCE FEE SCHEDULE; TO PROVIDE FOR AN AMENDMENT TO THE PARKS IMPACT FEE SCHEDULE; AND PROVIDINGAN EFFECTIVE DATE. WHEREAS, pursuant to the authority granted in Section 67-8201, et seq., Idaho Code, the City of Meridian ("the City")may impose Impact Fees to fund expenditures by the City Police Department, the City Fire Department and the City Parks and Recreation Department on Capital Improvements needed to serve new growth and development; and WHEREAS, the City retained BBC Research and Consulting, Galena Consulting and Spink Butler, LLP (collectively, "Consultant") to analyze and assess new growth and development projections for the period 2006 to 2026 in order to determine the demand for police, fire, and parks and recreation Capital Improvements to accommodate new growth and development in the City and the City's area of city impact; and WHEREAS, the City of Meridian Impact Fee Study and Capital Improvements Plan, prepared. by BBC Research and Consulting, dated August 28, 2006 (the "Impact Fee Study"), sets forth a reasonable methodology and analysis for determining and quantifying the impacts of various types ofnew residential and nonresidential Development on the City's police, fire, and parks and recreation Public Facilities; quantifies the reasonable impact of new growth and development on the System Improvements addressed therein; determines the costs necessary to meet demands created by new growth and development; and determines Impact Fees as set forth in this Chapter that are at a level no greater than necessary to defray the cost of planned Capital Improvements to increase the service capacity of the City's existing police, fire, and parks and recreation Public Facilities. The City hereby establishes as the City standards the assumptions and Level of Service standards referenced in the Impact Fee Study as part of the City's current plans for future expansions to the police, fire, and parks and recreation Public Facilities. WHEREAS, based on reasonable methodologies and analyses for determining the impacts of new growth and development on the City's police, fire, and parks and recreation Public Facilities, including review and reliance on that certain City of Meridian Comprehensive Plan, July 2002 (Resolution 02-382), as amended by Resolution Nos.: 03- 401 and 03-409 (Parks and Recreation System Plan-Action Plan); 04-454; and 06-505 (North Meridian Area) and that certain amendment to the Comprehensive Plan adopted by the City on September 5, 2006 (Resolution No. 06-528) (collectively, the "Comprehensive Plan"), IMPACT FEE ORDINANCE AMENDMENT Page 1 of 5 the Impact Fee Study quantifies the impacts of new growth and development on Public Facilities, and establishes Impact Fees on new growth and development rio greater than necessary to defray the cost of Capital Improvements that will increase the service capacity of Public Facilities to serve new growth and development. WHEREAS, in preparing the Impact Fee Study, Consultant reviewed and has relied upon the City's ten (10) year Capital Improvements Plans prepared by Consultant and adopted by the City, and has reviewed and analyzed what elements of new growth and development are or would generate demand for additional police, fire, and parks and recreation Capital Improvements addressed therein; and WHEREAS, all of Capital Improvements planned for and included in the Impact Fee Study, which are to be funded by police, fire, and parks and recreation Impact Fees are directly related to services that the City is authorized to provide, and are services required by the general policies of the City pursuant to resolution, code or ordinance; and WHEREAS, an equitable program for planning and financing Capital Improvements to increase the .service capacity of Public Facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and '~ development and to protect the public health, safety and general welfare of the citizens of the City and City's area of City impact. Such protection requires that the City's police, fire, and parks and recreation Public Facilities be expanded to accommodate new growth and development within the City, and the City's area of city impact. WHEREAS, the police, fire, and parks and recreation Impact Fees, as revised, to be imposed on new growth and development will be and are hereby legislatively adopted, will be generally applicable to a broad class of property and are intended to defray the projected impacts on such Capital Improvements caused by new growth and development as required by law; and WHEREAS, the Impact Fee Study quantifies the reasonable impacts of new growth and development on existing police, fire, and parks and recreation Capital Improvements, and the reasonable costs of Capital Improvements necessary to increase the service capacity of the City's existing police, fire, and parks and recreation Public Facilities to accommodate the additional demands and impacts of new growth and development; and WHEREAS, based upon the Impact Fee Study, the testimony at public hearings and a review of all of the facts and circumstances, in the reasonable judgment of the City Council, the police, fire, and parks and recreation Impact Fees hereby established are at levels no greater than necessary to defray the cost of Capital Improvements directly related to the categories of residential and nonresidential land Development listed herein; and WHEREAS, in adopting the police, fire, and parks and recreation Capital Improvements Impact Fees, the City Council intends and has determined that such Impact IMPACT FEE ORDINANCE AMENDMENT Page 2 of 5 Fees are designed to and do address Capital Improvements needs that are brought about by new growth and development, which needs are separate and distinct from the impacts and needs addressed by other requirements of the City's codes and ordinances, and in no circumstance do the Impact Fees set forth herein address the same subjects as other requirements of the City's codes and ordinances for site specific dedications or improvements; and WHEREAS, the Impact Fees adopted hereby shall be collected and accounted for in accordance with Section 67-8201, et seq., Idaho Code; and WHEREAS, in accordance with the procedural requirements of Title 67, Chapter 65, Idaho Code, the Capital Improvements Plans have been adopted as part of the ~~ Comprehensive Plan, and in accordance with the procedural requirements of Title 67, Chapter 82, Idaho Code, the Impact Fee Study and Capital Improvements Plans have been presented to and reviewed by the City Council; and WHEREAS, after due and timely notice, the City Council held a public hearing on September 5, 2006 to discuss, review and hear public comments on the proposed Impact Fees and WHEREAS, the City Council adopted Ordinance 06-1255 on September 5, 2006 and set the Police and Fire Impact Fees at the maximum allowable amount under the methodology set forth in the Impact Fee Study; and WHEREAS, in adopting Ordinance 06-1255, the City Council set the Parks Impact Fee at $1,138.00 per dwelling unit, an amount that is $246.00 less than the maximum allowable fee under the methodology set forth in the Impact Fee Study; and WHEREAS, the "maximum allowable fee" is also referred to as the "full cost recovery fee" under the methodology set forth in the Impact Fee Study. If the adopted fee is less than the maximum allowable fee, the impact fee eligible portions of adopted Capital Improvement Plan will not be fully funded unless general fund revenue or other income sources are used to fund the difference between the maximum allowable fee and the adopted fee; and WHEREAS, the Development Impact Fee Advisory Committee met on November 7, 2007 and passed a motion to recommend that the City Council take action to adopt at Parks Impact Fee at the maximum allowable or full cost recovery fee of $1,384.00 per residential unit; and WHEREAS, after due and timely notice, the City Council held a public hearing to discuss, review and hear public comments on the proposed increase in the Parks Impact Fee as recommended by the Development Impact Fee Committee; and IMPACT FEE ORDINANCE AMENDMENT Page 3 of 5 WHEREAS, the Impact Fees adopted by Ordinance 06-1255 and by this proposed amendment are fair and rational, charge new growth and development according to new growth and development's impact on the City's police, fire, and parks and recreation Public Facilities and benefit those who pay Impact Fees in a tangible way. BE IT ORDAINED, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the City Council and that Exhibit "A" to Title 10, Chapter 7, of the Meridian City Code is amended to read as follows: Police Impact Fee Schedule: Residential Non-Residential Fire Impact Fee Schedule: Residential Non-Residential Parks Impact Fee Schedule: Residential ` Non-Residential Total Fees: Residential Non-Residential $85.00 per Dwelling Unit $ 0.06 per square foot $377.00 per Dwelling Unit $ 0.25 per square foot AAA $1,384 per Dwelling Unit $ N/A per square foot ~99:A9 $1,846 per Dwelling Unit $ 0.31 per square foot EXHIBIT A FEE SCHEDULE Except for such Impact Fee as may be calculated, paid and accepted pursuant to an independent Impact Fee calculation study, the amount of each Impact Fee shall be as follows: IMPACT FEE ORDINANCE AMENDMENT Page 4 of 5 On January 1, 2008 and on January 1St of each year thereafter in which an Impact Fee is in effect, the amount of the Impact Fee shall be automatically adjusted to account for inflation increases in the cost of providing police, fire, and parks and recreation Public Facilities to serve new growth and development utilizing an inflation factor for building material from a ~ reputable source such as McGraw Hill's Engineering News Record. Nothing herein shall prevent the City from electing to maintain athen-existing police, fire, and parks and recreation Impact Fee or from electing to waive the inflation adjustment for any given fiscal year, or years. Any such action to determine an inflation factor shall be by the City Council resolution. '' Section 2. That all other provisions of Title 10, Chapter 7 remain unchanged and the ,, existing fees enacted by Ordinance 06-1255 shall continue to be collected until the effective date of this Ordinance. Section 3. This Fee Schedule shall be in effect on the ~ day of ~.e ~J~'Gt Q ~` yJ , 2008, which shall be no sooner than thirty (30) days after adoption and publication of this Ordinance. PASSED by the City Council of the City of Meridian, Idaho, this ~ - day of /~CQ~ ~ , 2007. d~ APPROVED by the Mayor of the City of Meridian, Idaho, this -/ ~ day of ~C-e by ~ .Pii , 2007. APPROVED: /~'~' ATTEST: r ~ ~~,~~~A~ o ~~~ - _ ~, ~~, - CITY CLERK ~% -~~ T ts~ . ~O ~` ,~ ~ ~~Q, \\\\~,• ., IMPACT FEE ORDINANCE AMENDMENT Page 5 of 5 ..Ol NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.07- l¢ Z PROVIDING AN AMENDMENT TO THE PARKS IMPACT FEE An Ordinance of the City of Meridian amending Title 10, Chapter 7, of the Meridian City Code, increasing the parks impact fee to $ ©° per dwelling unit. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Idaho, Meridian, Idaho. This Ordinance shall become effective thirty (30) days subsequent to paspgc'dhdr<<,,,,, {s i publication. \raj, Y A i i ayor and City Council th ityaof eridi 7 j By: William G. Berg, Jr., City Clerk First Adopted Reading: ` �� 7 after first reading g � p g by suspensre allowed pursuant to Idaho Code § 50-902: YES NO T`l ' ,llil�1l16ttAA Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 07- % 9 � Z The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 07- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of DEC- , 2007. William. L.M. Nary, City Att ey IMPACT FEE ORDINANCE AMENDMENT Page 1 of