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HomeMy WebLinkAboutResolution No. 2000-40 RESOLUTION NO. R2000-40 A RESOLUTION OF THE CITY OF FRIENDSWOOD, TEXAS, ADOPTING AMENDMENTS TO THE CAPITAL IMPROVEMENTS PLAN AND THE LAND USE ASSUMPTIONS APPROVED, AND THE IMPACT FF.ES IMPOSED, BY RESOLUTION NO. R90-22, PASSED AND APPROVED THE 4TH DAY OF JUNE, 1990, AS AMENDED BY RESOLUTION NO. R91-4, PASSED AND APPROVED THE 7TH DAY OF JANUARY, 1991; AS FURTHER AMENDED BY RESOLUTION NO. R93- 24, PASSED AND APPROVED THE 17TH DAY OF MAY, 1993; AS FURTHER AMENDED BY RESOLUTION NO. R97-48, PASSED AND APPROVED THE 15TH DAY OF DECEMBER, 1997; * * * * � * * � � � � � � * � � � � * WHEREAS, the City Council has directed the qualified professionals of the City's staff and consultants to prepare an amendment to the City's Land Use Assumptions, Capital Improvements Plan, and to recalculate the impact fees in accordance therewith; and WHEREAS,the City Council has held public hearings as required by law to amend its Capital Improvements Plan and adjust impact fees; and WHEREAS, the City Council desires t�; :d�:�pt such amendment, a true and correct copy of which is attached hereto as Exhibit"_A" and it►r all things is made a part hereof; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS Section 1. The facts and matters set forth in the preamble of this Resolution are hereby found to be true and correct. Section 2. The Land Use Assumptions, the Capital Improvements Plan and Impact Fee Study, as amended, originally adopted pursuant to Resolution No. R90-22, passed and approved the 4th day of June, 1990, as amended by Resolution No. R91-4,passed and approved the 7th day of January, 19991, and as amended by Resolution No. R93-24, passed and approved the 17th day of May, 1993, as amended by Resolution No. R97-48, passed and approved the 15t" day of December, 1997; is hereby further amended as set forth in Exhibit"A" attached hereto, said Exhibit"A"being entitled"Update Study for Land Use Assumptions, Capital Improver.er,ts Plan, and Impact Fees for Water and Wastewater Utilities 2000,"dated July 2000,by Claunch &Miller, Inc. Section 3. In the event any clause, phrase, provision, sentence, or part of this Resolution or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Resolution as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, whether there be one or more parts. PASSED,APPROVED, AND RESOLVED this 7th day of August, 2000. Harold L. Whitaker Mayor ATTEST: c . � . Deloris McKenzie, T C City Secretary . • : �� . � EXHIBIT "A" � � I. EXECUTIVE SUMMARY The City of Friendswood adopted Impact Fees for water supply / distribution and wastewater � collection/treatment facilities originally in 1990. Fees were established in accordance with the state Impact Fee legislation (VTCA Local Government Code Section 395.001 et seq.). The law provides for municipalities and certain other political subdivisions to assess and collect Impact � Fees for new land development projects to fund infrastructure required to serve their needs. The City's fees were adopted for water supply capacity, water distribution systems, wastewater � �reatment capacity, and wastewater collection systems as presented in an engineering report entitled "Capital Improvements Plan and Impact Fee Study - Proposed Water Distribution and � Wastewater Collection Systems"prepared by Brown and Gay Engineers, Inc. (BGE). The state law requires that unpact fees be reviewed and updated at least every three years from the adoption date. A subsequent plan entitled "An Update Study for Land Use Assumptions, � Capital Improvements Plan and Impact Fee" was prepared by BGE and presented to the City on March 10, 1993 and was subsequently adopted in June of that year after the City completed the required adoption process. The next update was prepazed by Claunch and Miller, Inc. (CMn in A 1997. � The previous fees per equivalent service unit (ESU) adopted in the original study and previous updates were as follows: A Table 1 Comparisons of 1990, 1993, and 1997 Impact Fees � COMPONENT 1990 1993 1997 A City Wide Impact Fees � 1. Surface Water Facilities $711 $685 $748 2. Wastewater Treatment Facilities $122 $ 69 $ 77 3. Impact Fee Study&Update Study � 7 �. 36�'� 25ts� � Total: $840 $790 � B. Water Distribution Impact Fees � 1. Melody Lane Service Area $854 $854 2. Bay Area Boulevard $294 $294 $391 3. South Friendswood Service Area $358 $293 $248 � A � � _1_ � � � � . � � � C. Wastewater Collection Impact Fees 1. Melody Lane Service Area $450 $450 2. Mills, Murphy,Briarmeadow Ave.�2� $2�532 $2,532 $2,532 � 3. Central Service Area(1990)�3� Segment A: $830 � Segment B: $618 Segment C: $397 Segment D: $234 � Segment E: $186 4. South Friendswood Service Area(3) $488 Area A: $378 � Area B-l: $378 Area B-2: $378 Area C: $285 Area D: $161 � Area E-1: $�gq, Area E-2:�4� $784 Area E-3: $161 � Area E-4: $161 Area F: $378 � 5. Autumn Creek Service Area cu Based on estimated$100,000 for 10 year study costs and 2,757 ESU. � cz> 1991 Amendment. �'� Central Service Area was expanded and modified in the 1993 stud and was renamed the South Friendswood Service Area. Subareas and proposed improvements are not identica�m all cases. ca� Originally calculated to be$5,743 but elected to be equal to Area E-1. � �5� Based on$100,000 for 10 year study costs and 3962 SU �6� Simplified impact fee for South Friendswood Service Area � Claurich & Miller, Inc. was engaged in 2000 to prepare the required three year update including review of current water demand and wastewater flow data, population projections, land use assumptions and area growth trends. Also to be incorporated was as-built costs for recentiy � constructed systems improvements and other updated cost data.. In summary, Service Area modifications included the inclusion of a Moore / Mandale Road Service Area for water distribution system and the inclusion of the Autumn Creek Service Area � for wastewater collection. The projects to be constructed within the 2-5 years from the most recent 10 year CIP completed in the fall of 1999 have been included along with previously � identified projects. Actual construction costs were utilized in place of estimated costs for projects that have been completed. 83 Acres was added to the South Friendswood Water Distribution Service Areas and a tot al of 144 acres (83+61) were a.dded to the South Friendswood Wastewater Sewer area. T'he additions were made to accommodate a recent annexation and an additional tract that has been designated for future service. � � -2- � . . ,.. _,. . � � � CMI proposes the following impact fee amounts per ESU: 1. City Wide Impact Fees � A. Surface Water Facilities $ 1346 B. Wastewater Treatment Facilities $ 77 C. Impact Fee Study and Update Study $ 25 �1� � Total 1448 2. Water Distribution Impact Fees A. Bay Area Blvd. Service Area $ 328 � B. South Friendswood Service Area $ 245 C. Moore/Mandale Road Service Area $ 806 � 3. Wastewater Collection Impact Fees A. Mills,Mwrphy,Briarmeadow Ave. $ 2532 � B. South Friendswood Service Area $ 479 C. Autumn Creek Service Area $ 246 � �'�Based on Pzojected$100,000 for 10 year study costs and 3927 ESU. The Impact Fee Legislation provides for assessing the linpact Fee before or at the time of � recordation of the finai plat. In cases where new development occurs without platting, the ` Impact Fee may be assessed at any time during the development and building process. � Collection of the Impact Fees will occur: 1) When the final plat is recorded, if the development is platted, or � � 2) When connections are made to the City's water and wastewater system, or � 3) At the time the City issues either a building permit or certificate of occupancy. � The City of Friendswood has previously elected to collect impact fees at the time of issuance of a building permit. � After assessment of Impact Fees attributable to a specific project or the execution of an agreement for payment of Impact Fees, no additional Impact Fees may be assessed to the particular property for that project unless the number of ESU's is increased, in which ca.se the � additional fees to be imposed shall apply only to the additional service units. If a property owner pays an Impact Fee and the construction of the Capital Improvement, for � which the fee was paid, is neither under construction within 2 years after payment nor complete . for service within 5 years after payment, the Property Owner may request a refund of the fee. � -3- � � � � BGE recommended in their 1993 update that in cases of special uses (such as churches, schools and building additions) or partial use of a tra.ct, the City Engineer would estimate water demands and wastewater flows based on locally accepted criteria and make a recommendation for an ! equitable impact fee to the Advisory Committee for their approval (See Appendix 2). !� Parks, sprinkler systems, and construction trailers will not be assessed any Impact Fees. � II. INTRODUCTION AND BACKGROUND � S�ate law allows municipalities to establish impact fees to fund the cost of capital improvements necessitated by new development. Chapter 395 of the Local Govemment Code (VTCA Local Government Code, Chapter 395) contains the requirements and procedures for establishment of � impact fees. The City of Friendswood has established impact fees to recover the costs of water supply, water � distribution, wastewater treatment and wastewater collection. These impact fees were adopted on June 4,1990 by Resolution No. 90-22, in accordance with the provisions of State law. � Impact fees were established for the following items: � City-wide Surface Water Facilities City-wide Wastewater Treatrnent Facilities City-wide Impact Fee/CIl' Study Service Area Water Distribution � - Melody Lane Water System - Bay Area Boulevard Water System � - Central Service Area Water System Service Area Wastewater Collection - Melody Lane Wastewater System � - Central Service Area Wastewater System(Segments A-E) On January 7, 1991, an amendment (R91-4) to the Impact Fee Resolution was adopted to create � the Mills Murphy and Briarmeadow Avenue Wastewater Collection System service area and , establish an impact fee therefor. A In 1993, the 1990 Impact Fees were reviewed, as required by State law. The Updated Study for Land Use Assumptions, Capital Improvements Plan and Impact Fee, dated March 10, 1993 reviewed the previously established impact fees with regard to water demand, wastewater flow � and revisions and extensions to the service areas. Adjustments to the various components of the impact fees were recommended and were adopted by the City based on the 1993 Updated Study, under Resolution No. R 93-24. � Significant modifications were made to the Central Service Area during the 1993 Update Study. This azea, renamed the South Friendswood Service Area, was greatly expanded and the proposed � -4- � � • ' . . � C. Pro'ected Service Units J � Based on the Service Unit definition provided above, the 2.375 MGD of wastewater treatment capacity in the Black Hawk Regional Plant equates to 9,654 Service Units. � The temporary plant access road serves both Phase I and II and must be distributed over their combined capacities as follows: � 4.875 MGD/246 gpd = 19,817 service unit � The 4.875 mgd will provide service to a11 anticipated Service Units throughout the planning period and beyond. � D. Calculation of Updated Wastewater Treatment Impact Fee The updated Wastewater Treatment Impact Fee is as follows: � Impact Items Cost�'� Ca aci Fee � 1. Wastewater Treatment Capacity $541,129 9,654 $56 2. (Phase 2 Capacity only) � 3. Temparary Access Road $411,431 19,817 21 Total: $77 � �i� Costs based on 1990 Impact Fee Study VII. REVIEW OF WASTEWATER COLLECTION IMPACT FEE � A. Wastewater Collection Service Unit Basis � As previously discussed in Section VI (B) of this Update Study, the recommended Service Unit for Wastewater Collection System design and planning is a flow of 1,050 gpd from a single family residence with 3 occupants, or 350 gpd per person. � � � � � -1x- � � ^ .�_ __ , . � Table 6 illustrates the Service Unit equivalencies for various land use types. � Table 6 Wastewater Service Units � Occupancy/ Demand/Llnit SU/ Peak Flow/Acre Land Use Unit C�a, 350 GPCD Connection�'� Unit/Acre GaUDav SU/Acre � SFR 3.00 1,050 1.0 2.7 2,835 2.7 MFR-L 1.65 577.50 0.55 6 3,465 3.3 � MFR-M 1.65 577.50 0.55 9 5,250 5.0 MFR-H 1.65 577.50 0.55 12 10,395 6.6 � MHR 1.65 577.50 0.55 10 5,775 5.5 CSC�'� - - - - 5,775�2� 5.5 � I - - - - 6,048�3� 5.8 a► 5.5 SU's/Acre also applies to other Land Use designations including NC,LI,OBD,OPD,BP&PUD. � �z> Based on 55 people/acre @ 25 gallons/person/day. Peak flow is 4.2 x base flow. �3> Based on 1,440 gallons per acre per day for base flow. Peak flow is 4.2 x base flow. � The City of Friendswood assesses and collects Wastewater Collection Impact Fees on three areas within the City with high growth potential. These areas are the South Friendswood Service Area, the Mills, Murphy and Briarmeadow Service Area and the Autumn Creek Service Area � (defined with this 2000 impact fee update study). Exhibit E shows the locations of these Service Areas. � The improvements and projected costs associated with each of these Wastewater Collection Impact Fees are discussed below. � B. South Friendswood Wastewater Collection Service Area � Exhibits F and G show the South Friendswood Wastewater Collection Service Area The 1997 Update Study reported that wrth the addrtion of Rancho VieJo north of FM 518, the � overall collection systern for the South Friendswood Service Area would have 10,328 Service Units. During this update, the additional 83 acres of development and 91 service units from the recent annexation will increase the SU to 10,643. � Refer to the 1993 Update Study,Appendix A for details of the land use attributed to this area. � The costs for the South Friendswood Wastewater Collection System are actual costs based on the bids and contracts for each of several construction projects already completed to serve this area. � -19- �