Title
Ordinance -Third and Final Reading of an Ordinance Adopting Updated Land Use Assumptions, Roadway Capital Improvement Plans, and Revised Roadway Impact Fees
Requested Action
Adopt the subject documents and revised impact fees
Recommendation
Please refer to the written comments of the Capital Improvements Advisory Committee filed with the City Council on September 28, 2009. Copies of the updated Land Use Assumptions Capital Improvement Plan for Roadway Impact Fees were provided to the City Council on September 14, 2009.
Description/History
- Chapter 395 of the Local Government Code requires that impact fees be reviewed at least once every five years. The current roadway impact fee was adopted on December 14, 1999.
- The revised fees should be based on the updated Land Use Assumptions and Capital Improvement Plans. The consultants who prepared these documents will make a presentation at the public hearing.
- Public hearing notices were published in newspapers with circulation in Tarrant, Johnson and Ellis County as required by state law. The third reading must take place within 30 days from the hearing date.
- State law requires that municipalities provide an ad valorem tax credit or 50% reduction during impact fee calculations. An ad valorem tax credit has been incorporated into the maximum allowable impact fees.
- In accordance with state law, developments on properties that were preliminary or final platted will not be charged the new impact fees for 12 months and will pay the current fees during this period.
The MEDC has expressed concern over the increased fees, especially related to Service Area C, the primary area for industrial development, and suggested a 24 month grace period before implementing the new fees.
One of the goals for this impact fee update is to create uniform fees for each of the major land uses (residential, commercial, industrial) regardless which service area they are located. It will help simplify the development and permitting process for developers and staff. It will also make the fee requirement more equitable such that a development on the east side of Hwy. 287 will pay the same fee as a similar development on the west side of Hwy. 287. Therefore, if the City Council wishes to reduce the impact fees for any particular land use, we recommend that the reduced fees be applied to all service areas, not just Service Area C.
As shown in the 2004 vs. 2009 comparison, the percentages of proposed fees to the maximum allowable fees have been reduced in all service areas except for residential uses in Service Area B (which increases from 37% in 2004 to 42% in 2009). Once adopted, the new roadway impact fee schedule will apply for the next five years. We recommend that the City Council adopt a roadway impact fee schedule that should be in place whenever the economy returns to normal. If the City Council wished to maintain the current fees or reduce the proposed fees for a specific period (e.g. 12, 18 or 20 months), such grace period can be specified in the proposed ordinance and be set to expire without further action.
Prepared By
Felix Wong, Director of Planning