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Home My WebLink AboutResolution No. 97-48 RESOLUTION NO. R97-48 A RESOLUTION ADOPTING AMENDMENTS TO THE CAPITAL IMPROVEMENTS PLAN AND THE LAND USE ASSUMPTIONS APPROVED, AND THE IMPACT FEES IMPOSED, BY RESOLUTION NO. 90-22, PASSED AND APPROVED THE 4'� DAY OF JUNE, 1990, AS AMENDED BY RESOLUTION NO. 91-4, PASSED AND APPROVED THE 7� DAY OF JANUARY, 1991; AS FURTHER AMENDED BY RESOLUTION NO. 93-24, PASSED AND APPROVED THE 17"' DAY OF MAY, 1993; MAKING CERTAIN FINDINGS; AND PROVIDING FOR SEVERABILITY. 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 to adopt such amendment, a true and correct copy of which is attached hereto as E�chibit"A"and for 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. 90-22, passed and approved the 4�' day of June 1990, as amended by Resolution No. 91-4, passed and approved the 7�day of January, 1991, and as amended by Resolution No. 93- 24, passed and approved the 17"'day of May, 1993, is hereby further amended as set forth in Exhibit "A" attached hereto, said Exhibit "A" being entitled "Update Study for Land- Use Assumptions, Capital Improvements Plan, and Impact Fees for Water and Wastewater Utilities 1997,"dated October 1997, 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 Ordinance 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, declazes 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 15 day of December � 1997. Harold L. Whitaker Mayor ATTEST � Deloris McKenzi T C � � �_ �� - i .._ . i i I i I. EXECUTIVE SUNIl�fARY ' � The City of Friendswood adopted Impact Fees for water and wastewater 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 �or 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 treatment 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 impact fees be reviewed and updated at least every three years from the adoption date. A subsequent plan entitled "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 fees per equivalent service unit (ESU) adopted in 1990 and updated in 1993 were as follows: Table I Comparisons of 1990 and 1993 Impact Fees COMPONENT 1990 1993 A. City Wide Impact Fees 1. Surface Water Facilities � $711 $685 2. Wastewater Treatment Facilities $122 $ 69 3. Impact Fee Study& Update Study �7 36�" Total: $840 $790 B. Water Distribution Impact Fees 1. Melody Lane Service Area $854 $854 2. Bay Area Boulevard $294 $294 3. South Friendswood Service Area $358 $293 C. Wastewater Collection Impact Fees l. Melody Lane Service Area $450 450 ' 2. Mills, Murphy, Briarmeadow Ave.�2� $2532 $2532 3. Central Service Area (1990)�3� ' Segment A: $830 Segment B: $618 ' Segment C: $397 Segment D: $234 Segment E: $186 -t- 4. South Friendswood Service Area �'' Area A: �37g Area B-1: $378 Area B-2: $378 Area C: $285 Area D: $161 Area E-1: $784 Area E-2:�4' $784 Area E-3: $161 Area E-4: $161 Area F: $37g "'Based on estimated$]00,000 for 10 year study costs and 2,757 ESU. ��' 1991 Amendment. �"Central Service Area was expanded and modified in the 1993 study and was renamed the South Friendswood Service Area. Subareas and proposed improvements are not identical in all cases. "'Originally calculated to be$5,743 but elected to be equal to Area E-]. Claunch & Miller, Inc. was contracted in 1996 to prepare this required three year update to review current water demand and wastewater flow data, population projections, land use assumptions and area growth trends. Also to be incorporated will be as-built costs for recently constructed systems improvements and other updated cost data. In summary, the Melody Lane Water Distribution System and Melody Lane Wastewater Collection System Areas will be eliminated due to plans by the landowner to install the previously identified improvements as part of their subdivision improvements. Since the land is in one ownership, their is no need for the City to up-front the cost for the improvements as previously planned. The South Friendswood Service Area for water ar�d'wastewater distribu[ion systems was slightly expanded and combined into one area at the City staff s request. Actual construction costs were utilized in place of estimated costs for projects completed in the last three years. CMI proposes the following impact fee amounts per ESU: A. City Wide Impaci Fees 1. Surface Water Facilities $ 748.00 2. Wastewater Treatment Facilities $ 77.00 3. Impact Fee Study and Update Study�'� $ 25.00 Total � 850.00 B. Water Distribution Impact Fees 1. Bay Area Blvd. Service Area $ 391.00 2. South Friendswood Service Area $ 248.00 -2- . . . . - . . . ;t '� C. Wastewater Collection Impact Fees 1. Mills, Murphy, Briarmeadow Ave. $2,532.00 2. South Friendswood Service Area $ 488.00 �"Based on Projected$100,000 for 10 year study costs and 3962 ESU. The Impact Fee Legislation provides for assessing the Impact Fee before or at the time of recordation of the final 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 deve(opment 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 ro 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 inereased, in which case 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. BGE recommended in their 1993 update that in cases of special uses (such as churches, schools and building additions) or partial use of a tract, 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 C�. Parks, sprinkler systems, and construction trailers will not be assessed any Impact Fees. -3- . - _ Resolutions December 15, 1997 INTER MEMO O F F I C E To: Mayor&City Council / From: Bill Finger, Chair a14 Planning&Zoning Commissi n Subject: Capital Improvement Plan-Updated Study Date: November 11, 1997 At its November 6, 1997 meeting,the City of Friendswood Planning and Zoning Commission unanimously voted(6 to 0, one position vacant)to recommend to Council that the updated study for revisions to the City of Friendswood water&wastewater utilities study be accepted and that the impact fees be revised accordingly. Texas state law requires that impact fees be revisited every three years. The analysis by Claunch &Miller, Inc. was reviewed by Planning and Zoning for appropriate selection of assumptions and use of these assumptions in the calculation of impact fees for the coming years. \ The recommended city wide impact fee is $850 for each equivalent service unit which is 7.6 percent higher that the current city wide impact fee.. The analysis done by Claunch and Miller, Inc. is on an as spent basis. As a comparison statistic, inflation, as measured by the Consumer Price Index-Urban, has been 10.9 percent since the last impact fee analysis was completed (1993). The single largest component of the city wide impact fee is that associated with surface water facilities (88 percent). This impact fee contributor is 9.2 percent higher than included in the last analysis. The major factor creating this increase is inclusion of the actual cost of purchasing surface water treating capacity. Wastewater treatment facilities costs are the second largest component of the city wide utilities impact fee(9 percent). In this analysis the fee is 11.6 percent higher than in the previous assessment. This increase is the result of correcting a mathematical error in the 1993 calculation. Without the calculation error, the 1993 wastewater treatment facilities impact fee would have been the same as indicated in the present study. Finally, the cost of the impact fee study is lower by 30.6 percent than in 1993. The cost reduction is due to the larger number of equivalent service units involved. There are several "special" sections in the City that receive additional impact fees because of their unique characteristics. The areas have changed because of development activities in these areas where the developers are providing the necessary facilities. In other areas, the impact fees � • 1 • /tip a a •. CIP recommendation Page two are essentially as they were in the last study. Of significance is the population estimate used as the basis for the current study and its relationship to the need for future facilities. The population growth estimate used in this study is 3.6 percent per year and is based on recent population growth assessments developed from City of Friendswood new dwelling unit construction data. This growth rate estimate is lower than the 5.3 percent utilized in the 1993 study. It is pointed out in the report that population growth will require that surface water capability be added well before the end of the study period(10 years). y� cJ 4- A� s d- NOV 1997 1 RECyED �J I- CITY OF FRIENp�� VII. REVIEW OF WASTEWATER COLLECTION IMPACT FEE r: C►TYMANAGM 1i d 11 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. Table 6 illustrates the Service Unit equivalencies for various land use types. Table 6 Wastewater Service Units Occupancy/ Demand/Unit SU/ Peak Flow/Acre Land Use. Unit @ 350 GPCD Connection(') Unit/Acre Gal/Day 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 NJ0FR-M 1.65 577.50 0.55 9 5,250 5.0 i' MFR-H 1.65 577.50 0.55 12 10,395 6.6 1 T MHR 1.65 577.50 0.55 10 5,775 5.5 CSC�'� - - - - 5,775(2) 5.5 I - - - - 6,048(3) 5.8 5.5 SU's/Acre also applies to other Land Use designations including NC,LI,OBD,OPD,BP&PUD. cz� .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 Melody Lane Service Area,the South Friendswood Service Area and the Mills,Murphy and Briarmeadow Service Area. With this 1996 update,the Melody Lane area will be eliminated. Exhibit E shows the locations of the remaining Service Areas. The improvements and projected costs associated with each of these Wastewater Collection Impact Fees are discussed below. - -19- 4. South Friendswood Service Area(3) Area A: $378 Area B-1: $378 Area B-2: . $378 Area C: $285 Area D: $161 Area E-1: $784 Area E 2:(4) $784 Area E-3: $161 Area E-4: $161 Area F: $378 Based on estimated$100,000 for 10 year study costs and 2,757 ESU. (2) 1991 Amendment. - (3)Central Service Area was expanded and modified in the 1993 study and was renamed the South Friendswood Service Area. Subareas and proposed improvements are not identical in all cases. (4)Originally calculated to be$5,743 but elected to be equal to Area E-1. Claunch&Miller, Inc. was contracted in 1996 to prepare this required three year update to review current water demand and wastewater flow data, population projections, land use assumptions and area growth trends. Also to be incorporated will be as-built costs for recently constructed sysr'- improvements and other updated cost data. In summary,the Melody Lane Water Distribution System and Melody Lane Wastewater Collection System Areas will be eliminated due to plans by the landowner to install the previously identified improvements as part of their subdivision improvements. Since the land is in one ownership, their is no need for the City to up-front the cost for the improvements as previously planned. The South Friendswood Service Area for water and wastewater distribution systems was slightly expanded and combined into one area at the City staffs request. Actual construction costs were utilized in place of estimated costs for projects completed in the last three years. CMI proposes the following impact fee amounts per ESU: A. City Wide Impact Fees 1. Surface Water Facilities $ 748.00 2. Wastewater Treatment Facilities $ 77.00 3. Impact Fee Study and Update Study $ 25.00 Total $ 850.00 B. Water Distribution Impact Fees 1. Bay Area Blvd. Service Area $ 391.00 2: South Friendswood Service Area $ 24`7- ` -2