Loading...
0657-DORDINANCE NO. 657-D AN ORDINANCE REVISING IMPACT FEES ON NEW LAND DEVELOPMENT IN THE CITY OF SOUTHLAKE, TEXAS FOR WATER, WASTEWATER AND ROADWAY FACILITIES NECESSITATED BY SUCH NEW DEVELOPMENT; ADOPTING REVISED LAND USE ASSUMPTIONS FOR THE CITY; ADOPTING REVISED CAPITAL IMPROVEMENTS PLANS FOR WATER, WASTEWATER AND ROADWAY IMPROVEMENTS; PROVIDING FOR THE ASSESSMENT, PAYMENT AND TIME OF PAYMENT OF WATER, WASTEWATER AND ROADWAY IMPACT FEES; PROVIDING FOR REVIEW OF WATER, WASTEWATER AND ROADWAY IMPACT FEES AND THE FEE SCHEDULES; PROVIDING FOR THE PLACEMENT OF REVENUE COLLECTED FROM WATER, WASTEWATER AND ROADWAY IMPACT FEES INTO WATER AND WASTEWATER FACILITIES IMPACT FEE ACCOUNTS AND ROADWAY IMPACT FEE ACCOUNTS ESTABLISHED FOR THOSE PURPOSES; PROVIDING FOR OFFSETS AND CREDITS; PROVIDING FOR REFUNDS OF UNEXPENDED FUNDS; PROVIDING FOR USE OF FUNDS DERIVED FROM WATER, WASTEWATER AND ROADWAY IMPACT FEES; PROVIDING THAT IMPACT FEES MAY BE PLEDGED TOWARD PAYMENT OF BOND ISSUES AND SIMILAR DEBT INSTRUMENTS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR NOTICE OF PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Southlake is responsible for and committed to the provision of public facilities and services at levels necessary to cure any existing public service deficiencies in already developed areas; and WHEREAS, such facilities and service levels are provided by the City utilizing funds allocated in capital budgets and capital improvement plans adopted by the City and relying upon the funding sources indicated therein; and Page 1 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx WHEREAS, new residential and nonresidential development causes and imposes increased demands upon City public facilities and services, including water, wastewater and roadway facilities that would not otherwise occur; and WHEREAS, planning and zoning projections indicate that such development will continue and will place ever-increasing demands on the City to provide necessary public facilities; and WHEREAS, the development potential and property values of properties is strongly influenced and encouraged by City policy as expressed in the Comprehensive Land Use Plan and as implemented via the City's zoning ordinance and map; and WHEREAS, to the extent that such new development places demands upon the public facility infrastructure, the City Council has determined that those demands should be satisfied by shifting the responsibility for financing the provision of such facilities from the public at large to the developments actually creating the demands for them; and WHEREAS, the amount of the impact fee to be imposed shall be determined by the cost of the additional public facilities needed to support such development, which public facilities are identified in a capital improvements plan approved by the City, and WHEREAS, the City Council, after careful consideration of the matter, hereby finds and declares that impact fees imposed upon new residential and nonresidential development to finance specified major public facilities in designated service areas, the demand for which is created by such development, are in the best interests of the general welfare of the City and its residents, are equitable, and do not impose an unfair burden on such development; and WHEREAS, pursuant to the authority granted in its charter and Chapter 395 of the Texas Local Government Code, the City of Southlake has previously adopted water, wastewater and roadway impact fees to offset the cost of providing these public facilities; and Page 2 N:\00-New N Drive\Ordinances\Wpproved Ordinances\657-D\Ordinance 657-D.docx WHEREAS, the City Council now desires to update its Land Use Assumptions and Capital Improvements Plan and amend its impact fees in accordance with the provisions of its charter and Chapter 395; and WHEREAS, the City Council finds that the City has complied with said statute in the notice, adoption, promulgation and methodology necessary to adopt and amend its impact fees. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS. SECTION 1 SHORT TITLE This Ordinance shall be known and cited as the Water. Wastewater and Roadway Impact Fee Ordinance. SECTION 2 INTENT This Ordinance is intended to impose water, wastewater and roadway impact fees, as established in this Ordinance. in order to finance public facilities, the demand for which is generated by new development in the designated service area or areas. SECTION 3 AUTHORITY The City is authorized to enact this Ordinance by Chapter 395 of the Texas Local Government Code, as amended, ("Chapter 395") and by the Southlake City Charter which authorize it to enact or impose impact fees on land within its corporate boundaries or extraterritorial jurisdiction, or on land owned by persons with whom it has a water or wastewater service contract, as charges or assessments imposed against new development in order to generate revenue for finding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development. The provisions of this Ordinance shall not be construed to limit the power of the City to adopt such Pace 3 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx ordinance pursuant to any other source of local authority, nor to utilize any other methods or powers otherwise available for accomplishing the purposes set forth herein, either in substitution of or in conjunction with this Ordinance. Guidelines may be developed by resolution or otherwise to implement and administer this Ordinance. SECTION 4 DEFINITIONS As applied in this Ordinance, the following words and terms shall be used: (1) Assessment - The determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Ordinance. (2) Building Permit - Written permission issued by the City for the construction, repair, alteration or addition to a structure. (3) Capital Construction Cost of Service - Costs of constructing capital improvements or facility expansions, including and limited to the construction contract price, surveying and engineering fees, land acquisition costs (including land purchases, court awards and costs, attorney's fees, and expert witness fees), interest charges and other finance costs for bonds, notes or other obligations issued to finance capital improvements identified in the Capital Improvements Plan, and the fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the Capital Improvements Plan who is not an employee of the City. (4) Capital Improvement - Any of the following facilities that have a life expectancy of three or more years and are owned and operated by or on behalf of a political subdivision: (a) water supply, treatment, and distribution facilities; wastewater collection and treatment facilities; and storm water, drainage, and flood control facilities; whether or not they are located within the service area; and (b) roadway facilities. (5) Capital Improvements Advisory Committee (Advisory Committee) - The advisory committee appointed by the City Council, consisting of at least five members, not less than 40 percent of which shall be representatives of the real estate, development, or building industries who are not employees of the City, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, including one member representing the extraterritorial jurisdiction; or consisting of the Planning and Zoning Commission, including one regular or ad hoc member who is not an employee of the City and which is representative of the real estate, development, or building industry, and, if impact fees are to be applied within the extraterritorial jurisdiction of the City, one Page 4 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx representative of the extraterritorial jurisdiction area, which committee is appointed to regularly review and update the Capital Improvements Plan, file semiannual reports, and advise the City of the need to update impact fees in accordance with the requirements of Chapter 395. (6) Capital Improvements Plan (CIP) - The plan or plans adopted in Section 9 of this Ordinance which identify water, wastewater, and roadway capital improvements or facility expansions pursuant to which impact fees may be assessed . The Capital Improvements Plan may be composed of separate Water and Wastewater Capital Improvements Plan and a Roadway Capital Improvements Plan. (7) City - City of Southlake, Texas. (8) City Council (Council) - Governing body of the City of Southlake. (9) Commercial Development - For the purposes of this Ordinance, all development which is neither residential nor industrial. (10) Comprehensive Plan (Master Plan) - The comprehensive long-range plan, adopted by the City Council, which is intended to guide the growth and development of the City which includes analysis, recommendations and proposals for the City regarding such topics as population, economy, housing, transportation, community facilities and land use. (l 1) Credit - The amount of the reduction of an impact fee for fees, payments or charges for the same type of capital improvements for which the fee has been assessed. (12) Existing Development - All development within a service area which has a water or wastewater tap on the City's water or wastewater system, or which has access to the City's roadway system as of the date of the adoption of this Ordinance. (13) Facility Expansion - The expansion of the capacity of an existing facility which serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. Facility expansion does not include the repair, maintenance, modernization, or expansion of an existing facility to better serve existing development. (14) Final Plat - The map, drawing or chart meeting the requirements of the City's Subdivision Ordinance on which is provided a subdivider's plan of a subdivision, and which has received final approval by the Planning and Zoning Commission or City Council and which is recorded with the office of the County Clerk. (15) Growth -Related Costs - Capital construction costs of service related to providing additional service units to new development, either from excess capacity in existing facilities, from facility expansions or from new capital facilities. Growth -related costs do not include: Page 5 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx (a) Construction, acquisition, or expansion of public facilities or assets other than capital improvements or facility expansions identified in the capital improvements plan; (b) Repair, operation, or maintenance of existing or new capital improvements or facility expansions; (c) Upgrading, u p d a t i n g, expanding, or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental, or regulatory standards; (d) Upgrading, updating, expanding, or replacing existing capital improvements to provide better service to existing development; (e) Administrative and operating costs of the City; and (f) Principal payments and interest or other finance charges on bonds or other indebtedness, except for such payments for growth -related facilities contained in the Capital Improvements Plan. (16) Impact Fees - Fee to be imposed upon new development, calculated based upon the costs of facilities in proportion to development creating the need for such facilities. Impact fees do not include dedication of land for public parks or payment in lieu of the dedication to serve park needs; dedication of rights -of -way or easements, or construction or dedication of site -related water distribution or wastewater collection facilities or internal roadways required by other ordinances of the City Code; or lot or acreage fees placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or wastewater mains or lines; or participation fees charged as part of the City 's Neighborhood Sewer Program. (17) Industrial Development - Development which will be assigned to the industrial customer class of the water or wastewater utilities; generally development in which goods are manufactured, or development which is ancillary to such manufacturing activity. (18) Land Use Assumptions - Description of the service area and projections of changes in land uses, densities, intensities, and population therein over at least a 10-year period, adopted by the City, as may be amended from time to time, upon which the Capital Improvements Plan is based. (19) Service Unit Equivalent (SUE) - Basis for establishing equivalency among and within various customer classes and land uses. For water and wastewater uses, a SUE is based upon the relationship of the continuous daily maximum flow rate in gallons per minute for a water meter of a given size and type compared to the continuous daily maximum flow rate in gallons per minute for a 1" diameter simple water meter, using American Water Works Association C700-09 and C-702-10 standards. The table of equivalencies for water Page 6 N:\00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx and wastewater showing the determination of SUE's based on meter size is included in Exhibit D-1. (20) New Development - The subdivision of land; or the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, or enlargement of any structure; or any use or extension of the use of land; any of which increases the number of service units for water, wastewater or roadway services or requires the purchase of a new water or wastewater tap. New development includes the purchase of a water tap resulting from the conversion of an individual well to the City's water utility and includes the purchase of a wastewater tap resulting from the conversion of an individual septic or other individual waste disposal system to the City's wastewater utility. (21) Offset - The amount of the reduction of an impact fee designed to fairly reflect the SUE of system -related facilities, pursuant to miles herein established or administrative guidelines, provided and funded by a developer pursuant to the City's subdivision regulations or requirements. (22) Public Works Director - Public Works Director of the City of Southlake, or his designee. (23) Residential Development - A lot developed for use and occupancy as a residence or residences, according to the City's zoning ordinance. (24) Roadway Facility - Improvement for providing roadway service including, but not limited to, pavement, right-of-way, drainage and traffic control devices. Roadway facility excludes roadways which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities. Roadway facilities also exclude dedication of rights -of -way or easements or construction or dedication of off -site roadways required by valid ordinances of the City of Southlake and necessitated by and attributable to the new development. (25) Roadway Facility Expansion - Expansion of the capacity of any existing roadway improvement for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of the existing roadway facility to serve existing development. (26) Roadway Improvement Plan - Portion of the Capital Improvements Plan, as may be amended from time to time, which identifies the roadway facilities or roadway expansions and their associated costs which are necessitated by and attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of roadway impact fees pursuant to this Ordinance. (27) Service Area - A n area defined in this Ordinance within the corporate boundaries of the City for roadway facilities or with the corporate boundaries or extraterritorial jurisdiction of the City or other areas served by the City for water and wastewater facilities to be served by the capital improvements or facility expansions specified in the Capital Page 7 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx Improvements Plan applicable to the service area. The Service Area for Water and Wastewater Impact Fees is set forth in Exhibit A-1. The Service Areas for Roadway Impact Fees are set forth in Exhibit A-2. (28) Service Unit - Standardized measure of consumption, use, generation, or discharge attributable to an individual unit of development calculated in accordance with generally accepted engineering or planning standards for a particular category of capital improvements or facility expansions. Service units for water and wastewater impact fees are expressed in Service Unit Equivalents (SUE's). Service units for roadway impact fees are expressed in vehicle -miles per development unit. (29) Site -related Facility - Improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of water or wastewater facilities to serve the new development, and which is not included in the Capital Improvements Plan, and for which the developer or property owner is solely responsible under subdivision and other applicable regulations. (30) System -related Facility - A capital improvement or facility expansion which is designated in the Capital Improvements Plan and which is not a site -related facility. A system -related facility may include a capital improvement which is located offsite, within or on the perimeter of the development site. (31) Tap Purchase - The filing with the City of a written application for a water or wastewater tap and the acceptance of applicable fees by the City. The term "tap purchase" shall not be applicable to a meter purchased for and exclusively dedicated to fire protection. (32) Wastewater Facility - Improvement for providing wastewater service, including, but not limited to, treatment facilities, lift stations, or interceptor mains and necessary land or easements therefor. Wastewater facility excludes wastewater collection lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated funds. Wastewater facilities also exclude dedication of rights -of -way or easements or construction or dedication of on -site wastewater collection facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (33) Wastewater Facility Expansion - Expansion of the capacity of any exlstmg wastewater facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing wastewater facility to serve existing development. (34) Wastewater Improvement Plan - Portion of the Capital Improvements Plan, as may be amended from time to time, which identifies the wastewater facilities or wastewater expansions and their associated costs which are necessitated by and attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of wastewater impact fees pursuant to this Ordinance. Page 8 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx (35) Water Facility - Improvement for providing water service, including, but not limited to, water supply facilities, treatment facilities, pumping facilities, storage facilities, or transmission mains and necessary land or easements therefor. Water facility excludes water lines or mains which are constructed by developers, the costs of which are reimbursed from charges paid by subsequent users of the facilities and which are maintained in dedicated trusts. Water facilities also exclude dedication of rights -of -way or easements or construction or dedication of on -site water distribution facilities required by valid ordinances of the City and necessitated by and attributable to the new development. (36) Water Facility Expansion - Expansion of the capacity of any exlstmg water facility for the purpose of serving new development, not including the repair, maintenance, modernization or expansion of an existing water facility to serve existing development. (37) Water Improvement Plan - Portion of the Capital Improvements Plan, as may be amended from time to time, which identifies the water facilities or water expansions and their associated costs which are necessitated by and attributable to new development, and for a period not to exceed ten (10) years, and which are to be financed in whole or in part through the imposition of water impact fees pursuant to this Ordinance. (38) Vehicle -Mile - A unit used to express both supply and demand provided by, and placed on, the roadway system. A combination of the number of vehicles travelling during a given time period and the distance in which these vehicles travel in miles. SECTION 5 APPLICABILITY OF IMPACT FEES A. This Ordinance shall be uniformly applicable to new development which occurs within the corporate limits of the city and its extraterritorial jurisdiction, and other areas served by the City's water and wastewater facilities. B. No new development shall be exempt from the assessment of impact fees as defined in this Ordinance except as provided by state law. The payment of impact fees applicable to a school district shall be subject to the district's consent through a contract between the City and the district. Page 9 N:\00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx SECTION 6 IMPACT FEES AS CONDITIONS OF DEVELOPMENT APPROVAL No application for new development shall be approved within the City without assessment of impact fees pursuant to this Ordinance, and no water and wastewater tap shall be issued and no building permit shall be issued unless the applicant has paid the applicable impact fees imposed by and calculated hereunder. SECTION 7 ESTABLISHMENT OF WATER AND WASTEWATER SERVICE AREA AND ROADWAY SERVICE AREAS A. There is hereby established a Water and Wastewater Impact Fees Service Area as depicted on Exhibit A-1 attached to this Ordinance. B. There are hereby established Roadway Impact Fees Service Areas as depicted on Exhibit A-2 attached to this Ordinance. C. The service areas shall be established consistent with any facility service area defined in the Capital Improvements Plans for each utility or facility. Additions or revisions to the service areas may be approved by the City Council consistent with the procedures set forth in Chapter 395. SECTION 8 LAND USE ASSUMPTIONS The Land Use Assumptions used in the development of the impact fees, attached as Exhibit- B to this Ordinance, are hereby adopted.These assumptions may be revised by the City Council according to the procedures set forth in Chapter 395. SECTION 9 CAPITAL IMPROVEMENTS PLANS A. The Water and Wastewater Capital Improvements Plan attached as Exhibit C-1 to this Ordinance is hereby adopted. Page 10 NA00-New N Drive\Ordinances\Approved Ord inances\65 7 -D\Ordinance 657-D.docx B. The Roadway Capital Improvements Plan attached as Exhibit C-2 to this Ordinance is hereby adopted. C. The Water and Wastewater Capital Improvements Plan and Roadway Capital Improvements Plan may be amended by the City Council from time to time, pursuant to the procedures set forth in Chapter 395. SECTION 10 SERVICE UNITS A. Service units are established in accordance with generally accepted engineering and planning standards. Service units for water and wastewater impact fees are expressed in Service Unit Equivalents (SUE's). Service units for roadway impact fees are expressed in vehicle -miles per development unit. B. The City Council may revise the service units designation from time to time according to the procedures set forth in Chapter 395. C. Water and Wastewater Service Units. Service units for water and wastewater fees shall be calculated based on Service Unit Equivalents as determined by the size and type of the water meter(s) for the development. The meter types used to calculate the number of SUE's shall be either simple, compound or turbine meters, 1. The Service Unit Equivalents used for the calculation of water and wastewater impact fees are set forth in the Table of Equivalencies - Water and Wastewater attached as Exhibit D-I to this Ordinance. 2. If the Public Works Director determines that the water pressure in the City's transmission main is significantly higher or lower than standard pressure such that the size of the water meter is not indicative of actual service demand, the Public Works Director may adjust the number of Page 11 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx SUE's based on a smaller or larger sized meter which more accurately reflects the flow rate and the system pressure conditions. 3. If a fire demand meter (tap) is purchased for a property, the meter size utilized to calculate the number of SUE's shall be the dimension of the portion of the fire demand meter which reflects the meter size which would be required to provide appropriate residential or business service to the property. This reduced meter size shall then be utilized to calculate the number of SUE's. 4. Upon wastewater tap purchase for residential lots for which no water meter has been purchased, service units shall be calculated based on a 1" water meter. The calculation of service units for wastewater tap purchases for other uses of lots shall be based on data submitted by a professional engineer licensed in the State of Texas, which is reviewed and approved by the Public Works Director. D. Roadway Service Units. Service units for roadway impact fees will be established based upon estimated vehicle -miles of demand generated by the development. Vehicle -miles of demand are determined based upon size and type of development and the service area where the development is located. The vehicle -mile demand factors used for the calculation of roadway impact fees are set forth in the Land Use/Vehicle-Mile Equivalency Table attached as Exhibit D-2 to this Ordinance. E. The Public Works Director or the City Council may approve an alternative calculation of Service Unit Equivalents or vehicle -miles of demand for a particular development based upon an engineering report prepared by a qualified professional engineer licensed to perform such engineering services in the State of Texas which demonstrates that the number of SUE's or vehicle -miles of demand for the development will be different than shown in Exhibits D-1 or D-2. Page 12 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx SECTION 11 IMPACT FEES PER SERVICE UNIT A. Computation. The maximum impact fee per service unit for each service area shall be computed by dividing the growth -related capital construction cost of service in the service area identified in the Capital Improvements Plan for that category of capital improvement, by the total number of projected service units anticipated within the service area which are necessitated by and attributable to new development, based on the Land Use Assumptions for that service area. The maximum water and wastewater impact fee per service unit has been calculated as shown in the Maximum Impact Fee Schedule attached as Exhibit- E to this Ordinance. The maximum roadway impact fee per vehicle -mile which will be assessed for different uses has been calculated for each service area as shown in Exhibit- E. The total impact fee assessed per service unit shall be a combination of the water, wastewater and roadway impact fees. Maximum assessable impact fees in Exhibit-E may be amended by the City Council according to the procedures set forth in Chapter 395. B. Collection rate. The amount of impact fees to be collected is set by the City Council based upon equitable policy considerations. The amount of impact fees to be collected is set forth in the Impact Fee Collection Schedule by Service Unit for Water, Wastewater and Roadway attached as Exhibit-F to this Ordinance. 1. The amount of impact fees collected within a development shall be at the rates in effect in Exhibit F on the date that impact fees are assessed on the property. 2. The total impact fees collected per service unit shall be a combination of the water, wastewater and roadway impact fees. Page 13 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx 3. Exhibit- F may be amended by ordinance adopted by the City Council from time to time, provided that the amount of impact fees to be collected shall not exceed the maximum assessable impact fees set forth in Exhibit- E. SECTION 12 ASSESSMENT OF IMPACT FEES A. The impact fees adopted by this ordinance shall go into effect on April 1, 2016. The approval of any subdivision of land or of any new development on or after April 1, 2016 shall include as a condition the assessment of the impact fees applicable to such development as set forth in this ordinance. B. Assessment of impact fees for any new development shall be at the time of final plat approval and shall be the impact fee per service unit then in effect, as set forth in Exhibit- E. 1. Where a final plat is approved prior to April 1, 2016, impact fees shall be assessed at the rate in effect on the date of plat approval. 2. For a development which received final plat approval prior to adoption of impact fees by the City, or for which no plat approval is required, impact fees shall be assessed on the effective date of adoption of the impact fees. 3. After a development has been assessed impact fees under this or any prior ordinances, no new impact fee or increase in any impact fee of the same category shall be assessed against that development unless: a. the final plat lapses or expires or a new application for final plat approval is submitted on the property; or b. the number of service units to be developed on the property increases. Page 14 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx 4. For purposes of this section, a final plat shall include a plat showing and a plat revision, but shall not include an amended plat submitted under Section 3.05 of the City's Subdivision Ordinance. SECTION 13 CALCULATION OF IMPACT FEES Following a request for new development, the City shall compute impact fees due for the new development in the following manner: 1. Water and Wastewater Impact Fees a. The number of SUE's shall be determined by the size of the water meter(s) based on the table set forth in Exhibit D-1, or as otherwise determined by the City Council or Public Works Director as provided in Section 10 of this Ordinance. b. SUE's shall be summed for all meters purchased for the development. C. The total number of SUE's shall be multiplied by the impact fee per SUE (V water meter) set forth in the applicable fee schedule in Exhibit- F, d. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 15 of this Ordinance. 2. Roadway Impact Fees a. The City has been divided into two roadway service areas and for each service area a specific maximum roadway fee has been calculated. Each service area has a different maximum assessed roadway impact fee per vehicle -mile as set forth in Exhibit- E. The same number of vehicle -miles per development unit is used in each service area to calculate the amount of impact fees assessed. Page 15 NA00-New N Drive\Ordinances\Approved Ord inances\657-D\Ordinance 657-D.docx b. For collection purposes, roadway impact fees are calculated based upon equitable considerations applicable to each development unit. The amount of impact fees collected shall not exceed the maximum assessed roadway impact fees per service area. C. Exhibit-F shows the roadway impact fee per development unit used for calculating the amount of impact fee to be collected. d. Fee credits and offsets shall be subtracted as determined by the process set forth in Section 15 of this Ordinance. SECTION 14 COLLECTION OF IMPACT FEES A. No water or wastewater tap shall be issued until all impact fees, including roadway impact fees, have been paid to the City except as provided otherwise by agreement. B. Except as provided below, impact fees shall be collected at the time of the issuance of the building permit for new development, or if no building permit is required, at the time of water or wastewater tap purchase. C. Because fire protection is of critical concern to the community as a whole, water demand related solely to fire protection is not subject to collection of an impact fee. However, if the fire protection capacity of the fire demand meter is routinely utilized for regular residential or business purposes as evidenced by the consumption recorded on the City's meter -reading and billing systems, the current owner of the property shall be assessed the current impact fees for the fire protection capacity which has been converted to residential or business use . D. To avoid the use of fire flow volumes for domestic use, the owner of any property for which a fire demand meter is purchased shall be required to execute a restrictive covenant on a form approved by the City Attorney, which shall acknowledge the right of the City to assess such fees to subsequent Page 16 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx owners of the property. This covenant shall be executed prior to the purchase of the fire demand meter and shall be filed in the deed records of the County. E. The City may provide for a different date of fee collection under any of the following circumstances: The City may collect impact fees at the time of platting for any development which will utilize capital improvements which are subject to pro rata reimbursement. 2. The City may defer collection of impact fees to a later date where service for which the fee is assessed will not be available within a reasonable period of time. 3. The City may, at its sole discretion, enter into agreements to establish a different date of fee collection than those provided in this Section. SECTION 15 OFFSETS AND CREDITS AGAINST IMPACT FEES A. The City may offset the present value of any system -related facilities, pursuant to rules established in this section, which have been dedicated to and have been received by the City, including the value of capital improvements constructed pursuant to an agreement with the City, against the value of the impact fee due for that category of capital improvement. B. The City may credit impact, perimeter roadway, pro rata, acreage or lot fees which have been paid pursuant to Ordinance Nos. 330, 493, 494, 510, 657, 657-A, 657-B, 657-C or other City ordinances against the value of impact fees due for that category of capital improvement, subject to guidelines established by the City. C. All offsets and credits against impact fees shall be subject to the following limitations and shall be granted based on this Ordinance and additional standards promulgated by the City, which may be adopted as administrative guidelines. Page 17 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx 1. No offset or credit shall be given for the dedication or construction of site -related facilities unless the facilities are oversized pursuant to an agreement with the City. 2. The unit costs used to calculate the offsets shall not exceed those assumed for the capital improvements included in the Capital Improvements Plan for the category of facility within the service area for which the impact fee is imposed. 3. If an offset or credit applicable to a plat has not been exhausted within ten (10) years from the date of plat filing or within such period as may be otherwise designated by contract, such offset or credit shall expire. 4. The City will not reimburse the property owner or developer for an offset or credit when no impact fees for the new development can be collected pursuant to this Ordinance or for any value exceeding the total impact fees due for the development for that category of capital improvement, unless otherwise agreed to by the City. D. An applicant for new development must apply for an offset or credit against impact fees due for the development either at or before the time of fee payment, unless the City agrees to a different time. The applicant shall file a petition for offsets or credits with the City on a form provided for such purpose. The contents of the petition shall be established by administrative guidelines. The City must provide the applicant, in writing, with a decision on the offset or credit request, including the reasons for the decision. The decision shall specify the maximum value of the offset or credit which may be applied against an impact fee, which value and the date of the determination shall be associated with the plat for the new development. E. The available offset or credit associated with the plat shall be applied against an impact fee in the following manner: 1. Such offset or credit shall be prorated equally among all service units, as calculated Page 18 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx in Section 10 and remain applicable to such service units, to be applied at time of filing and acceptance of an application for a building permit or tap purchase, as appropriate, against impact fees due. 2. If the total number of service units used by the City in the original offset or credit calculation described in Paragraph (1) is eventually exceeded by the number of total service units realized by the actual development, the City may, at its sole discretion, collect the full impact fee exclusive of any associated offset or credits for the excess service units. F. At its sole discretion, the City may authorize alternative credits or offsets upon petition by the owner in accordance with guidelines promulgated by the City. SECTION 16 ESTABLISHMENT OF ACCOUNTS AND RECORDS A. The City shall establish separate interest -bearing accounts, in a bank authorized to receive deposits of City funds, for each major category of capital facility for which an impact fee is imposed pursuant to this Ordinance. B. Interest earned by each account shall be credited to that account and shall be used solely for the purposes specified for funds authorized in Section 17. C. The City shall establish adequate financial and accounting controls to ensure that impact fees disbursed from the account are utilized solely for the purposes authorized in Section 17. Disbursement of funds shall be authorized by the City at such times as are reasonably necessary to carry out the purposes and intent of this Ordinance; provided, however, that any fee paid shall be expended within a reasonable period of time, but not to exceed ten (10) years from the date the fee is deposited into the account. D. The City shall maintain and keep adequate financial records for each such account, which shall show the source and disbursement of all revenues. which shall account for all monies received, and which shall ensure that the disbursement of funds from each account shall be used solely and Page 19 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx exclusively for the provision of uses specified in the Capital Improvements Plan as system -related capital projects. The City Finance Department shall also maintain such records as are necessary to ensure that refunds are appropriately made under the provision in Section 19 of this Ordinance, and such other information as may be necessary for the proper implementation of this Ordinance. SECTION 17 USE OF PROCEEDS OF IMPACT FEE ACCOUNTS A. The impact fees collected pursuant to this Ordinance may be used to finance or to recoup capital construction costs of service. Impact fees may also be used to pay the principal sum and interest and other finance costs on bonds, notes or other obligations issued by or on behalf of the City to finance such capital improvements or facilities expansions. B. Impact fees collected pursuant to this Ordinance shall not be used to pay for any of the following expenses: 1. Construction, acquisition or expansion of capital improvements or assets other than those identified for the appropriate facility in the Capital Improvements Plan; 2. Repair, operation, or maintenance of existing or new capital improvements or facilities expansions; 3. Upgrading, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards; 4. Upgrading, expanding or replacing existing capital improvements to provide better service to existing development; provided however, that impact fees may be used to pay the costs of upgrading, expanding or replacing existing capital improvements in order to meet the need for new capital improvements generated by new development; or Page 20 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx 5. Administrative and operating costs of the City. SECTION 18 APPEALS A. The property owner or applicant for new development may appeal the following decisions of the Public Works Director to the City Council: I . The applicability of an impact fee to the development; 2. The calculation of applicable service units attributable to the development; 3. The value of the impact fee due; 4. The availability or the value of an offset or credit; 5. The application of an offset or credit against an impact fee due; 6. The amount of the refund due under Section 19, if any. B. An appeal to the City Council must be filed by the applicant with the City Secretary within thirty (30) days following the Public Works Director's decision. The City Council shall hear the appeal within 30 days of receipt by the City Secretary. Notice of the hearing shall be mailed to the applicant at least seven (7) days prior to the hearing. C. At the hearing, the City Council shall consider all relevant evidence and shall allow testimony from the applicant, city personnel and other interested persons relevant to the appeal. The hearing may be continued from time to time. D. The burden of proof shall be on the appellant to demonstrate that the fee is not applicable or that the determination of service units or the value of the fee or of the offset or credit was not calculated according to the applicable impact fee schedule or the guidelines established in this Ordinance. The applicant shall submit an engineering report prepared by a qualified professional engineer licensed to perform such engineering services in the State of Texas, which demonstrates that the applicant's burden has been met. Page 21 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx E. Following the hearing, the City Council shall consider all evidence and determine whether the appeal should be granted (in whole or in part) or denied. F. If the appeal is accompanied by a bond or other sufficient security satisfactory to the City Attorney in an amount equal to the original determination of the impact fee due, the development application or tap purchase or building permit issuance may be processed while the appeal is pending. SECTION 19 REFUNDS A. Any impact fee or portion thereof collected pursuant to this Ordinance which has not been expended within ten (10) years from the date of payment, shall be refunded, upon application, to the record owner of the property at the time the refund is paid, or, if the impact fee was paid by another governmental entity, to such governmental entity, together with interest calculated from the date of collection to the date of refund at the statutory rate as set forth in Section 302.002, Texas Finance Code, or any successor statute. B. If a refund is due pursuant to subsection (A), the City shall pro -rate the same by dividing the difference between the amount of expenditures and the amount of the fees collected by the total number of service units assumed within the service area for the period to determine the refund due per service unit. The refund to the record owner or governmental entity shall be calculated by multiplying the refund due per service unit by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. C. Upon completion of all the capital improvements or facilities expansions identified in the Capital Improvements Plan upon which the fee was based, the City shall recalculate the maximum impact fee per service unit using the actual costs for the improvements or expansions. If the maximum impact fee per service unit based on actual cost is less than the impact fee per service unit paid, the City shall refund the difference, if such difference exceeds the impact fee paid by more than P;ie,: 22 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx ten percent (10%). The refund to the record owner or governmental entity shall be calculated by multiplying such difference by the number of service units for the development for which the fee was paid, and interest due shall be calculated upon that amount. D. Upon the request of an owner of the property on which a water or wastewater impact fee has been paid, the City shall refund such fees if: 1. Existing service is available and service is denied; or 2. Service was not available when the fee was collected and the City has failed to commence construction of facilities to provide service within two years of fee payment; or 3. Service was not available when the fee was collected and has not subsequently been made available within a reasonable period of time considering the type of capital improvement or facility expansion to be constructed, but in no event later than five years from the date of fee payment. E. The City shall refund an appropriate proportion of water impact fee payments in the event that a previously purchased water meter is replaced with a smaller meter, based on the SUE differential of the two meter sizes and the per -SUE fee at the time of the original fee payment, less an administrative charge set forth in City guidelines. F. Petition for refunds shall be submitted to the Public Works Director on a form provided by the City for such purpose. Within one month of the date of receipt of a petition for refund, the Public Works Director must provide the petitioner, in writing, with a decision on the refund request, including the reasons for the decision. If a refund is due to the petitioner, the Public Works Director shall notify the Finance Director and request that a refund payment be made to the petitioner. The petitioner may appeal the determination to the Council, as set forth in Section 18. Page 23 N:\00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx SECTION 20 UPDATES TO PLAN AND REVISION OF FEES The City shall review the Land Use Assumptions and Capital Improvements Plan for water, wastewater and roadway facilities at least every five years, the first five year period to commence from the date of adoption of the Capital Improvements Plan referenced herein. The City Council shall accordingly then make a determination of whether changes to the Land Use Assumptions; Capital Improvements Plan or impact fees are needed and shall, in accordance with the procedures set forth in Chapter 395, either update the fees or make a determination that no update is necessary. SECTION 21 FUNCTIONS OF ADVISORY COMMITTEE A. The functions of the Advisory Committee are those set forth in Chapter 395 and shall include the following: 1. Advise and assist the City in adopting Land Use Assumptions; 2. Review the Capital Improvements Plan regarding water, wastewater, and roadway capital improvements and file written comments thereon; 3. Monitor and evaluate implementation of the Capital Improvements Plan; 4. Advise the City of the need to update or revise the Land Use Assumptions, Capital Improvements Plan and impact fees; and 5. File a semiannual report evaluating the progress of the City in achieving the Capital Improvements Plan and identifying any problems in implementing the plan or administering the impact fees. B. The City shall make available to the Advisory Committee any professional reports prepared in the development or implementation of the Capital Improvements Plan. C. The City Council may adopt procedural rules for the Advisory Committee to follow in carrying out its duties. Page 24 NA00-New N Drive\OrdinanceMpproved Ordinances\657-D\Ordinance 657-D.docx SECTION 22 AGREEMENT FOR CAPITAL IMPROVEMENTS The City Council may authorize the owner of a new development to construct or finance some of the public improvements identified in the Capital Improvements Plan. In the case of such approval, the property owner must enter into an agreement with the City prior to collection of impact fees. The agreement shall be on a form approved by the City, and shall establish the estimated cost of the improvements, the schedule for initiation and completion of the improvements, a requirement that the improvements shall be completed to City standards, and any other terms and conditions the City deems necessary. The Public Works Director shall review the improvement plan, verify costs and time schedules, determine if the improvements are contained in the Capital Improvements Plan, and determine the method and timing of reimbursing the owner for construction costs from impact fee or other revenues. SECTION 23 USE OF OTHER FINANCING MECHANISMS The City may finance water, wastewater, and roadway capital improvements or facilities expansions designated in the Capital Improvements Plan through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other authorized mechanism, in such manner and subject to such limitations as may be provided by law, in addition to the use of impact fees. Except as herein otherwise provided, the assessment and collection of an impact fee shall be additional and supplemental to, and not in substitution of, any other tax, fee, charge or assessment which is lawfully imposed on and due against the property. Page 25 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx SECTION 24 IMPACT FEES AS ADDITIONAL AND SUPPLEMENTAL REGULATION A. Impact fees established by this Ordinance are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits or the sale of water or wastewater taps or the issuance of certificates of occupancy, including but not limited to pass -through fees charged by the City of Fort Worth for water or wastewater connections. Such fees are intended to be consistent with and to further the policies of City's Comprehensive Plan, Capital Improvement Plan, zoning ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. B. This Ordinance shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision of public improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. SECTION 25 RELIEF PROCEDURES A. Any person who has paid an impact fee or an owner of land upon which an impact fee has been paid may petition the City Council to determine whether any duty required by this Ordinance has not been performed within the time so prescribed . The petition shall be in writing and shall state the nature of the unperformed duty and request that the act be performed within sixty (60) days of the request. If the City Council determines that the duty is required pursuant to the ordinance and is late in being performed; it shall cause the duty to commence within sixty (60) days of the date of the request and to continue until completion. Page 26 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx B. The City Council may grant a variance or waiver from any requirement of this Ordinance, upon written request by a developer or owner of property subject to the Ordinance, following a public hearing, upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. SECTION 26 CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of ordinances of the City of Southlake, Texas, except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance Nos. 330, 493, 494, 510. 657, 657-A, 657-B and 6 5 7 - C are specifically saved from repeal and shall remain in effect to the extent they provide for the charging of a fee not replaced by this Ordinance or other duly adopted ordinances of the City. SECTION 27 SEVERABILITY CLAUSE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 28 NOTICE OF HEARING The City Secretary of the City of Southlake is hereby directed to post this Ordinance in its entirety Page 27 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx on the City website together with a notice setting out the time and place for a public hearing thereon and for its consideration by the City Council at least ten (10) days before the second reading of this Ordinance, as required by Section 3.13 of the Charter of the City of Southlake. 2018. SECTION 29 EFFECTIVE DATE This Ordinance shall be in full force and effect from and after its passage and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 6TH DAY OF FEBRUARY, t Y ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS 20TH DAY OF FEBRUARY, 2018. � sttn` Ur,flfii� !� MAYOR t. ATTEST: _CITY SECRETARY EFFECTIVE: r 1/2t3/Jz-,d APPROVED AS TO FORM AND LEGALITY: City Attorney Page 28 NA00-New N Drive\Ordinances\Approved Ordinances\657-D\Ordinance 657-D.docx �.y .i �. „:���w ,,.,,..� w,,, ., ., ;;, r, ,. w .,. «� , � � <,Mup�a� aa�aF��.� ew �.,� �.u, �. .. , M..>-wr.;�^.�.a;«+r-'w,»°P`y"�r*. n ,.� -:. .y.n.�w+,�.� �.�:�w�;.astn*�«re�rrm�+�.�a:aa+ "`.." .. ,. I Roanoke V Y f Trophy Club m m Y U 3 _ 3 Z Westlake East Dove Rd. a � U Z Z d m O Zr (t Florerwa Rd. _ Johnson Rd. West Southlake Blvd. Q 13 m s us N O Union Church West Continental Blvd. East Continental Blvd. Legend / 1 2017 CIP Update Roadway Impact Fee Minor Update ITY pc SOUT'HLAKE 9 Exhibit A-2 Service Area Boundaries N 3 Grapevine Service Areas Major Roads N wl�� SH 114 S Local Roads Colleyville City Limits Lakes 0 1 2 Streams Miles Euless SOUTHLAKE Kimley>»Horn v EXHIBIT B ROADWAY IMPACT FEE STUDY CALCULATION INPUTS A. LAND USE ASSUMPTIONS In order to assess an impact fee, Land Use Assumptions must be developed to provide the basis for population and employment growth projections within a political subdivision. As defined by Chapter 395 of the Texas Local Government Code, these assumptions include a description of changes in land uses, densities, and population in the service area. In addition, these assumptions are useful in assisting the City of Southlake in determining the need and timing of transportation improvements to serve future development. Information from the following sources was compiled to complete the land use assumptions: • Southlake 2030 (City of Southlake Comprehensive Plan) • Tarrant County Appraisal District (TAD) • North Central Texas Council of Governments (NCTCOG) • City of Southlake staff. The Land Use Assumptions include the following components: • Land Use Assumptions Methodology — An overview of the general methodology used to generate the land use assumptions. • Roadway Impact Fee Study Service Areas — Explanation of the division of Southlake into two (2) service areas for transportation facilities. • Land Use Assumptions Summary — A synopsis of the land use assumptions. The population and employment estimates and projections were all compiled in accordance with the following categories: 2017 Roadway Impact Fee Minor Update 5 November 2017 City of Southlake, Texas >F SOUTHLAKE Kimley>>> Horn Units: Number of dwelling units, both single and multi -family. Population: Number of people, based on person per dwelling unit factors. Employment: Square feet of building area based on three (3) different classifications. Each classification has unique trip making characteristics. Retail: Land use activities which provide for the retail sale of goods that primarily serve households and whose location choice is oriented toward the household sector, such as grocery stores and restaurants. Service: Land use activities which provide personal and professional services such as government and other professional administrative offices. Basic: Land use activities that produce goods and services such as those that are exported outside of the local economy, such as manufacturing, construction, transportation, wholesale, trade, warehousing, and other industrial uses. B. LAND USE ASSUMPTIONS METHODOLOGY The residential and non-residential growth projections formulated in the 2015 Roadway Impact Fee Update were done using reasonable and generally accepted planning principles. The following factors were considered in developing these projections: • Character, type, density, and quantity of existing development; • Current zoning plans; • Future Land Use Plan (based on Southlake 2030); • Historic Growth trends; • Location of vacant land; and • Physical holding capacity of Southlake. 2017 Roadway Impact Fee Minor Update 6 November 2017 City of Southlake, Texas Kimley»>Horn CITY OF SOUTHLAKE 19 Existing residential and employment estimates were obtained using TAD and DCAD parcel data and an aerial survey of existing development. For the remaining undeveloped areas, assumptions based upon the Southlake 2030 Consolidated Future Land Use Plan were used to estimate the ultimate buildout of residential and employment development. The remaining undeveloped parcels were assumed to reach build out in the next 10-years. Research of existing building permits was performed to compare the projected growth determined by the previously discussed methodology with growth trends in the City of Southlake over the last ten (10) years. During that period, approximately 1,552 residential units were developed. It was expected that the next ten years of development would be reasonably close to these estimates. No updates were made to the Land Use Assumptions that were utilized in the 2015 Roadway Impact Fee Update. C. ROADWAY IMPACT FEE STUDY SERVICE AREAS The geographic boundary for the 2015 Roadway Impact Fee Update service areas for transportation facilities are shown in Exhibit A-2. The City of Southlake was divided into two (2) service areas for the 2015 Roadway Impact Fee Update. The dividing line between the service areas is SH 114. In the previous 2008 Roadway Impact Fee Study there were three (3) services areas. The two (2) service areas south of SH 114 in the 2008 Study were consolidated into one service area in the 2015 update. D. LAND USE ASSUMPTIONS SUMMARY Table 2.1 summarizes the residential and employment 10-year growth projections. The anticipated growth over the next ten years is similar to historical growth over the previous ten years. These Land Use Assumptions were consistent with those used in the 2015 Roadway Impact Fee Update. 2017 Roadway Impact Fee Minor Update 7 November 2017 City of Southlake, Texas Kimley»>Horn Jr SOUTHLAKE 19 Table 2.1 Land Use Assumptions for Roadway Impact Fees Dwelling Employment (Square Feet) Service Area Year Population Units Basic Service Retail Total 2015 5,568 1,796 45,599 2,629,991 38,060 2,713,650 2025 7,192 2,320 45,599 3,966,782 1,900,659 5,913,040 A (North of SH 114) 10-Year 1,624 524 0 1,336,791 1,862,599 3,199,390 Growth 2015 22,961 7,407 586,673 3,069,005 4,053,962 7,709,640 B (South of SH 114) 2025 26,147 8,435 1,377,089 3,827,474 5,512,144 10,716,707 10-Year 3,186 1,028 790,416 758,469 1,458,182 3,007,067 Growth 2015 28,529 9,203 632,272 5,698,996 4,092,022 10,423,290 Total (Citywide) 2025 33,339 10,755 1,422,688 7,794,256 7,412,803 16,629,747 10-Year 4,810 1,552 790,416 2,095,260 3,320,781 6,206,457 Growth 2017 Roadway Impact Fee Minor Update 8 November 2017 City of Southlake, Texas �0, Prophy CNb \\ J W a Q V Westlake )I V. "i 4 2015 Southlake Impact Fee Update SOUTHLAKE Exhibit C-1 Wastewater Impact Fee Capital Improvement Plan 2 riian,,;�%� 1s�! Legend Proposed Wastewater Impact Fee Projects Wastewater Line Basin N-12 & N-12A Dove Creek 15' Sewer Line (MP#1) OBasin N-13 Emerald Circle 15" & 1C" Sewer Line (MP#2) I Lakes OBasin N-13 MCCrae Trail 12" Sewer Line (MP#3) t_.J.....11 OBasin N-18 White Chapel 8" Sewer Line (MP#4) - - --- Roads Basin N-12A Imperial Ave 8" Sewer Line (MP#8) Service Area Boundary Oe Basin N-12A Dove Creek/Highland 9" Sewer Line (MP#8) (City Limit) 7OBasin N-14 Torian/Kimball 8" Sewer Line (MP#9) (MP#) - Wastewater Master Plan Project Number OBasin N-14 E Highland/Kimball 8" Sewer Line (MP#10) Basin N-19 Sam Sehodl/Crawford Ct 8" Sewer Line (MP#18) m Bash N-17 T.W. King 8" Sewer Line (MP#25) n Grapevine 0 2,500 5,000 Feet hophy Club Wesrlaka ry Legend Existing Water Impact Fee Projects 10 Florence 1.5 MG EST 02 T W King 5 0 MG GST Proposed Water Impact Fee Projects OPressure Reducing Valves (MP#1) 1s E Highland 12" WL (MP#16) ON. Pearson Ln 16" WL (MP#2) 1e Union Church 8 Pearson Ln 12" WL (MP#16) OTW King Pump Station Improvements (MP#4) 17 N. Peytonville 12" WL (MP#17) OPearson Pump Station Improvements (MP#5) 1?e) Shady Oaks Or 12" WL (MP#18) T.W. King 1.5 MG EST (MP#6) IS Randol Mill Ave 12" WL (MP#19) OSH 114 12" WL Part 1 (MP#7) U Dove 12" WL (MP#20) OSH 114 12" WL Part 2 (MP#9) U S White Chapel 8" WL Loop (MP#22) 10 Bank St 8" WL Loop (MP410) O Loch Meadow Ct 8" WL Loop (MP#23) 11 Bentwood 8" WL (MP#11) i7 Bob Jones Park 8" WL Loop (MP#24) ti Fox Glen Gt 6" WL Loop (MP#12) O Austin Oaks Or 8" WL Loop (MP#26) 1a Burney Ln 8" WL (MP#13) 0- SH 114 20" WL Part 3 (MP#26) 14 Bob Jones Rd 8" WL Loop (MP#14) 0- SH 114 12" WL Part 4 (MP#271 2015 Southlake Impact Fee Update SOUTHLAKE 19 Exhibit C-1 Water Impact Fee Capital Improvement Plan r„ PS Proposed Pump Slabon �• Proposed Pressure Reducing Valves (PRV) Proposed r Elevated Storage Tank (EST) Proposed Water Lme •�� [ Ex,sbng Elevated Storage Taik JEST) Ex,sting Ground Storage Tank (GST) I.-...--.- Lakes ----------- Streams Local Roads IC,tyService Limits) Boundary (City Limits) (MP#) - Water Master Plan Prolect Number 0 2,500 5,000 Feet Trophy Club West Bob Jones Rd I� m � a � m t W U C = Y t 3� 3 z 21- Westlake N-tt N t See Inset _ Doved. �I East Dove Rd. I N3 di Q t 10 Q Nd p0 U m c 0 a z y N-5 a ss z 5-12 N-6 0 S m Y O T O Q V m N t: z ' (it ' ' West Southlake Blvd. di Q i m m '> m 0 O O m L m a m (n C 3 West Continental Blvd. y Legend +� Impact Fee Eligible Projects Impact Fee Eligible Completed Projects Other Transportation Projects OProject Number • Intersection Projects 2017 CIP Update Roadway Impact Fee Minor Update CITY Or SOUTHLAKE 19 Exhibit C-2 Roadway Improvements Service Area North (N) East Sout hlake Blvd. S S $ a w o `m E N Y N O East Continental Blvd. s-t t 2 3 0 s Local Roads m Lakes Streams 100 Year Flooplain City Limits Inset Grapevine 0 0.5 1 Miles d r c� d N LL d j W cV y a Q Q t� o c°n _E w R N 0 0(j) ;quJD1 N O m a � N m a 1 c o° m L in in n c W 'aAV IloLe3 N aC m O A��a C m .,,y O q W �1111 OI O 3 ) O = c N O N S Kimball Ave. O gNmlowAve v O O m 'aAV Il0Le3 N m 'aAV IloJJe3 g m c m c c m W O C.1 O m m W O 'i(i s3le0 Ape4S •any a111Auoy(6d N "A4d sa'lel a8p1�47nog v a0 v m > a m L 0 c o N m c �+ c m 3 ci a m 3 -any aplAuo)/Iad S B£61, WA m 'pnlg siAed OY h O3 w v v L u m u c 0 o m L U m `o t O 14 LL � j C wuI uos�ead N 'u-1 uos�ead S v > pa is 0 N w 0 OCC a7 U a1 Y N @ O O LL u 0 E i J O J J fn _T C:, U 0 a d a N V) U (D o y a E O U a) ° 0- a) N U .� t! d o w m w a) a N a E c U- U LL U c H O Z 5 U a) a C E a) a E CD L 0 a) N a m d C I� ID 1 100 d J Exhibit D-1 Water and Wastewater Service Unit Equivalency Meter Size Maximum Continuous Operating Capacity GPM * Service Unit Equivalent SUE 3/4" 15 0.6 1" 25 1.0 1 1 /2" 50 2.0 2" 80 3.2 3" 160 6.4 4" 250 10 6" 500 20 8" 800 32 10" 1,150 46 'Operating capacities obtained from American Water Works Association (AWWA) C-700-09 and C-702-10, Exhibit D-2 Land Use Category ITE Land Use Code Devebpmenf Unit Trip Gen Rate (PM) Pass -by Rate Pass•by Source Trip Rate NCTCOG Trip Length (mi) Adj. For 0.D Adj. Trip Length (mi) Max Trip Length (mi) Veh-Mi Per Dev- Unit PORT AND TERMINAL Truck Terminal 030 Acre 6,55 6,55 10.02 50°1. 5,01 _ 4.00 26,20 INDUSTRIAL General Light Industrial 110 I ,000 SF GFA 0.97 097 10.02 5046 5.01 4,00 388 General Hea Industrial 120 1,000 SF GFA 0.68 0,68 085 10.02 1002 50% 50% 5 Ol 5.01 400 2 72 Industrial Park Warehousing 130 150 1,000 SF GFA 1,000 SF GFA 0.85 4.00 3.40 0.32 32 O 83 5,42 4.00 1.28 Mini -Warehouse 151 1,000 SF GFA 026 _ -- _ _ _ _0 0.26 _I 10.83 _50`0 50% 5.42 4.00 1.04 RESIDENTIAL Single-family, Detached Housing 210 Dell,ng Unit I.00 1.00 17.21 50% 8.61 4.00 4.00 Apartment/Multi-family 220 Dwelling Unit 0.62 0.62 17.21 50% 8,61 4.00 2.48 Residential Condommium/Townhome 230 Dwelling Unit 052 052 17.21 50% 861 4.00 208 Senior Adult Housing -Detached 251 Dwellin Unit 0.27 1 0.27 17.21 50% 8.61 4.00 1,08 Senior Adult Housing -Attached 252 Dwellin Unit 0.25 0.25 17.21 50% 8,61 4.00 1.00 Assisted Living 254 _ Beds 0.22 0.22 17.21 50% 8.61 4.00 0,88 LODGING Hotel 310 Roum 0.60 0.60 6.43 50% 3.22 3,22 1.93 _ Motel / Other Looging Facilities 320 Room 0.47 0.47 6.43 50% 3.22 3.22 1,51 RECREATIONAL Golf Driving Range 432 Tee 1.25 1.25 6.43 50% 3,22 3.22 4,03 _ Golf Course 430 Acre 0.30 030 6.43 _ 50% 3.22 3,22 0.97 Recreational Community Center 495 1,000 SF GFA 2,74 274 6.43 50 . 3.22 3.22 R 82 _ Ice Skating Rink 465 1,000 SF GFA 2.16 2.36 643 50% 322 322 7,60 Miniature Golf Course 431 Hole 0,33 0.33 _ _ 6.43 50% 3.22 3.22 1.06 Multi letc Movie Theater 445 Screens 13.64 1364 v 643 50% 3.22 3,22 43,92 Racquet / Tennis Club _ 491 Court 335 3.35 643 50% 3,22 3,22 10.79 INSTITUTIONAL 0,00 Church 560 1,000 SF GFA 1,000 SF GFA 0,55 12.34 44% B _ _ 0.55 4.20 50% 2.10 _ 2,10 116 Day Care Center 565 6.91 420 50% 1 2.10 2.10 14,51 _ Primary/Middle School ( 1-8 522 Students 0.16 0.16 4.20 50% 2.10 1 2.10 0.34 _ High School 9-12 530 Students 0,13 013 4.20 500/, 2.10 2,10 0.27 Junior /Communi College 540 Students 0.12 _ 0 12 420 50 % 2.10 2.10 0.25 University/Coll a _ 550 Students 0,17 u---- _ - O 4,20 50Y. 2.10 2.10 0.36 MEDICAL Clinic 630 ],WQ SF GFA 5.18 5.18 755 5W. 378 3,79 1958. Hospital 610 1,000 SF GFA 0.93 0.93 7.55 50ae 3.78 3,78 3.52 Nursing Home 620 Beds 0.22 0,22 7,55 50 % 3.78 3.78 0.83 Animal Hos imWelenn Clinic 640 1,000 SF GFA 472 37/ B 3.30 7,55 50 % 1 3,78 378 12.47 OFFICE Corporate Headquarters Building 714 1,000 SF GFA 1,41 _ 1.41 10.92 Soo/; 5,46 4.00 5.64 General Office Building _ 710 1,000 SF GFA 1.49 -__ 149 1092 50°/. 5.46 4.00 5.96 Medical -Dental Office Building 720 1,000 SF GFA 3.57 3.57 10,92 50% 5,46 4.00 14,28 Single Tenant Office Building 715 1,0W SF GFA 1,74 1 1,74 1092 50% 5.46 400 696 Office Park 750 1,000 SF GFA 1,48 149 1092 50% 5.46 4.00 5.92 OMMERCIAL Automobile Rabevel Automobile Care Center 942 1,000 SF Occ GLA 311 40% B 1.97 6.43 50% 3,22 3.22 1 6.02 Automobile Parts Sala 843 1,000 SF GFA 5,98 43% A 3,41 643 50% 1 3,22 3.22 10.98 Gasoline/Servioe Station 944 Vehiclefueling Position 13,87 42% A 8,04 1.20 50% 0.60 0.60 4.82 _ Gasoline/Service Station w/ Conv Market 945 Vehicle Fueligg Position 13,51 56% B 5.94 1.20 50% 0.60 0.60 3.56 _ Gasoline/Service Station w' Conv Market and Car Wash 946 Vehicle Fueling Position 13.86 566/ A B 6.10 2 10 120 6,43 501% 50% 0.60 0.60 3.66 New and Used Car Sales _Quick Lubrication Vehicle Shop 841 941 1,000 SF GFA Servicinij_Positions_ 2.62 20% 3.22 3.22 6.76 5.19 40% B 3 11 6.43 _ 50% 3.22 322 10.01 Self -Service Car Wash 947 Stall 5.54 40% B 3 32 1.20 50% 0.60 0,60 1.99 Tire Store 948 1,000 SF GFA 4.15 28% A 2.99 6A3 50Y6 3,22 3,22 9.63 Din Fast Food Restaurant with Drive-Thru Window 934 1,000 SF GFA 32.65 SOY. A 16.33 4.79 50% 1 240 240P30.82 Fast Food Restaurant without Drive-Thru Window 933 1,000 SF GFA 26.15 50Ye 8 13.08 4.79 50% 2.40 2.40 High Turnover Sit -Down Restaurant 932 1,000 SF GFA 985 43 % A 5.61 4.79 5Iri 2.40 2,40 Sit Down Restaurant 931 1,000 SF GFA 7.49 44% A 4.19 479 50•1 2.40 2 40 Coffee/Donut Shopwith Dnve-Thru Window 937 1,000 SF GFA 42.80 70% A 12.84 4.79 50% 2.40 2.40Other Retall Free-Standin Retail Store 815 1,000 SF GFA 4,98 30% C 3A9 643 50% 3.22 3,22Nurse Carden Center $17 1,000 SF GFA 6,94 30% B 4.86 6,43 50Y. 322 3.22Home Improvement Superstore 962 1,000 SF GFA 233 48% A 121 643 SOY. 3.22 322 Pharm /Dru tore 991 SFGFA 9.91 49% A 505 6.43 5tN.5 3.22 3.22 1626 _ Shopping Center R20___ __1,000 I,0001FGI.A 371 34% A 245 6.43 5m. 3.22 3,22 7.89 Supenniarkes 850 _ 1,000 SF GFA 948 36% A 6.07 6,43 50% 3.22 3.22 1955 To /Chtldren's Superstore 864 1,000 SF GFA 4.99 30% B 349 643 50% 3,22 3.22 11 24 Department Store 975 1000 SF GFA 1,87 30% B 1,31 643 50% 3.22 3.22 4,22 SERVICES 911 1.000 SF GFA Walk -In Bank Drive-in Bank_ 12.13 40°/a B 7,28 3 39 50% 1.70 1.70 12,38 912 Drive-in Lanes 33.24 47% A 17.62 3.39 50'h 1 70 L70 29.95 _ Hair Salon 918 1000SFGLA 1.45 30% B 102 3.39 504'. 11 170 1.73 Exhibit-E Maximum Assessable Water and Wastewater Impact Fee Meter Size* Maximum Assessable Fee Water Maximum Assessable Fee Wastewater 3/4" 4,309 1,074 1 " 7,182 1,790 11/2" 14,364 3,580 2" 22,982 5,728 3" 45,965 11,456 4" 71,820 17,900 6" 143,640 35,800 8" 229,824 57,280 10" 330,372 82,340 Maximum Assessable Roadway Impact Fee Service Area Maximum Assessable Fee Per Vehicle -Mile S North ) 573 South (S) 410 Exhibit F After 4/112016 --1 $2,815.28 $9,008.89 ATER IMPACT FEES _ LUE Equiv. 1" Meter 1.0 2" Meter 3.2 3" Meter 6.4 $18,017.77 " Meter 10.0 $28,152.78 " Meter 20.0 $56,305.29 8" Meter i SEWER IMPACT FEES 1" Meter " Meter - 3" Meter 32.0 $90,088.85 $1,674.63 $5,358.83 $10,717.66 $16,746.35 ---- $33,492.69 $53,588.30 " Meter _ 6" Meter --------- 8" Meter ROADWAY IMPACT FEE SERVICE AREAS North South 11,259.75 $ 8,056.50 - $ - 1,667.25 $ 1,193.25 Land Use Category ITE LandjUnit Use Code ---- Port and Terminal Truck Terminal Industrial 30 General Light Industrial 110 General HeavyIndustrial Industrial Park 120 1,169.25 $ 836.25 130 1000 sf gfa $ 1,461.00 $ 1,045.50 Warehousing 150 1000 sf gfa $ 549.75 $ 393.75 Mini -Warehouse 151 1000 sf fa $ 447.00 $ 319.50 Residential — — 210 dwellin unit $ - $ - Single -Family Detached Housing $ 2,292.00 $ 1,640.00 Apartment/Multi-family 220 dwelling unit $ 1,421.00 $ 1,017.00 Residential Condo/Townhome 230 dwelling unit $ 1,192.00 $ 853.00 Senior Adult Housing -Detached Senior Adult Housing -Attached Assisted Living Lodging Hotel Motel/Other Lodging Facilities 251 - 252 dwelling unit dwelling unit $ $ 619.00 573.00 $ $ 443.00 410.00 254 dwelling unit $ 504.00 $ 361.00 310 room $ 829.50 $ 593.25 320 mom_ $ 648.75 $ 464.25 Recreational Golf Driving Range 432 tee $ 1,731.75 $ 1,239.00 Golf Course 430 acre $ $ $ 417.00 3,790.50 3,251.25 $ 298.50 Recreational Community Center Ice Skating Rink Miniature Golf Course - 495 465 1000 Sf gfa 1000 sf gfa $ $ 2,712.00 2,337.00 431 -- hole $ 455.25 $ 326.25 Multiplex Movie Theater 445 screen $ 18,874.50 $ 13,505.25 Racquet/Tennis Club 491 court $ 4,637.25 $ 3,318.00 Institutional 560 Church 1000 sf gfa $ 498.75 $ 357.00 e,';M„^4xu.NX'.' ;'_, bb4+WYu'dYn�d+bc+"aF y�'+ilkmra+kt+a^r^T��w4nm�+�ab.�.':'+✓a*, w.�� �kukr'rv+m a�� r ,,, rc:�.wr.�w„:m �.anrav ,*•a"wkiem +w�+ei.+'P+�'' -, 7'�ft<Nnw Y�w,wMNrfl"xG .n ,",z+u✓-+nm t P .. .:e, m m w :+w+M.Nkh'saw�,`gMM ,V��� .:. ^.y'��bi+k�Ak.. Exhibit F Day Care Center 565 1000 sf gfa Primary/Middle School (1-8) 522 Student $ 6,235.50 $ 4,461.75 $ 1.46.12 $ 104.55 Hi School (9-12) 530 Student $ 116.03 $ 107.44 $ 83.03 Junior / Community College 540 Student $ 76.88 University / College 550 Student $ 154.71 $ 110.70 Medical Clinic 630 1000 sf fa bed' $ 8,414.25 $ 6,021.00 Hospital 610 $ 1,512.75 $ 1,082.25 Nursing Home 620 bed $ 357.00 $ 255.00 Animal HospitalNeterinary Clinic 640 1000 sf gfa $ 5,358.75 $ 3,834.75 ce $ 1,734.00 orporate Headquarters Building 714 1000 sf fa $ 2,424.00 eneral Office Building edical/Dental Office Building r 710 1000 sf gfa $ 2,561.25 $ 1,833.00 720 1000 sf fa $ 6,136-50 $ 4,391.25 Single Tenant Office Building 715 1000 sf gfa $ 2,991.00 $ 2,140.50 Office Park 750 1000 sf fa $ 2,544.00 $ 1,820.25 ommercial ( Not specified_ ) Automobile -Related Automobile Care Center 942 1000 sf gfa $ 2,586.75 $ 1,851.00 Automobile Parts Sales 843 1000 sf gfa $ 4,719.00 $ 3,376.50 Gasoline/Service Station Gas/Sery Station w/Conv Mrkt 944 fueling pos. $ 2,071.50 $ 1,482.00 945 fueling pos. $ 1,530.00 $ 1,095.00 ServiceStation w/Conv Mrkt and Car Wash 946 fueling pos. $ 1,572.75 $ 1,125.75 New and Used Car Sales 841 1000 sf gfa $ 2,904.75 $ 2,079.00 Quick Lubric. Vehicle Center 941 service pos. $ 4,302.00 $ 3,078.00 Self -Service Car Wash 947 - 848 stall $ 855.00 $ 612.00 — - Tire Store Dining 1000 sf gfa $ 4,138.50 $ 2,961.00 Fast Food Rest. w/ Drive Thru 934 1000 sf gfa $ 16,842.00 $ 12,051.00 Fast Food Rest. w/o Drive Thru 933 1000 sf fa $ 13,489.50 $ 9,652.50 High Turnover (Sit -Down) Rest. 932 1000 sf gfa $ 5,784.75 $ 4,139.25 Sit Down Restaurant 931 1000 sf gfa_ $ 4,323.00 $ 3,093.75 ee/Donuthop with Drive- u Window 937 1000 sf gfa-._- $ 13,245.00 $ 9,477.00 __ Store and Convenienceketsupermarket L -cery or Retail 850 1000 sf fa $ 8,401.50 $ 6,012.00 $ - $ - Free -Standing Retail Store 815 1000 sf gfa $ 4,830.75 I $ 3,456.00 Nursery (Garden Center) 817 1000 sf gfa $ 6,725.25 $ 4,812.75 Home Improvement Superstore 862 Pharmacy/Drugstore 881 1000 sf gfa $ 1,676.25 $ 1,199.25 100 1 sf gfa $ 6,987.75 $ 5,000.25 Shopping Center 820 1000 sf gfa $ 3,390.75 $ 2,426.25 Toy/Children's Superstore 864 1000 sf fa $ 4,830.75 $ 3,456.00 Department Store ervices 875 1000 sf gfa $ 1,813.50 $ - $ 1,297.50 $ - Bank (Walk -Ins) 911 1000 sf fa 0 $ 3,807.00 Bank (Drive -In) 912 1000 sf gfa2 5 L $ 9,210.00Hair Salon 918 1000 sf a5 531.75