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HomeMy WebLinkAboutOrdinance 2001.02 Identifying the Marana South Transportation Benefit AreaF. ANN RODRIGUEZ, RECORDER DOCKET: 11473 RECORDED BY: KSO I O PAGE: 1070 OF PAGES: 2 DEPUTY RECORDER o? NO. 9383 ROOE SEQUENCE: 20010180469 01/26/2001 SMARA X 81 OV ORDIN 14:37 TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS RD MAIL MARANA AZ 85653 AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2001.02 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, IDENTIFYING THE MARANA SOUTH TRANSPORTATION BENEFIT AREA, ACCEPTING AND APPROVING THE TECHNICAL REPORT IDENTIFYING THE ROADWAY NEEDS WITHIN THAT AREA, AND ADOPTING ROADWAY DEVELOPMENT IMPACT FEES FOR THAT AREA, AND PROVIDING AN EFFECTIVE DATE. THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, FIND AS FOLLOWS: A. The Town is authorized by A.R.S. § 9- 463.05 to assess and collect development impact fees to offset costs to the Town associated with providing necessary public services --- to a development. .B. The technical report entitled "Town of Marana, Technical Report for Marana South Transportation Benefit Area" ( "the Technical Report") identifies the Marana South Transportation Benefit Area and determines the fair -share roadway development impact fees attributable to the typical single - family residence, which shall be used as the equivalent demand unit ( "EDU "), within the area. C. The Technical Report identifies the number of EDUs anticipated to be constructed within the Marana South Transportation Benefit Area D. The Technical Report determines the Town's reasonably anticipated costs for providing Twin Peaks/I -10 Interchange improvements needed to serve the Marana South Transportation Benefit Area. E. The Technical Report adequately considers the contributions made or to be made in the future by property owners within the South Benefit Area toward or for the construction of the Twin Peaks /I -10 Interchange improvements. F. The Technical Report contains all documentation that supports the assessment of the Marana South Transportation Development Impact Fee. G. The Technical Report was released to the public and at least thirty days' advance notice of intention to assess the Marana South Transportation Development Impact Fee was given, and a public hearing was held on the proposed fee, all in accordance with A.R.S. § 9- 463.05. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, HEREBY ORDAIN as follows: 1. The Marana South Transportation Benefit Area, being that area bounded by the currently existing Town Limits on the west, south and east, and Avra Valley Road/Lambert Lane Road alignment on the north, is hereby established. 2. The Marana South Transportation. Development impact Fee is hereby adopted in the amount of $2,435 per EDU. 3. Town Staff shall collect the Marana South Transportation Development Impact Fee upon issuance of building permits for each residential development within the Marana South Benefit Area. 4. When calculating the amount of the Marana South Transportation Development Impact Fee to be collected for a given residential development, Town Staff shall determine the development's anticipated impact in comparison to the typical single - family residence, using the methods and equivalencies set forth in the Technical Report. 5. When assessing the Marana South Transportation Development Impact Fee, Town Staff shall give credit for the required dedication of public sites and improvements provided by the developer for the Twin Peaks /I -10 Interchange improvements, as provided by law. 6. All Marana South Transportation Development Impact Fees collected by the Town shall be held and disbursed in accordance with the requirements of A.R.S. § 9- 463.05. 7. This Ordinance shall be effective ninety days after its formal adoption by the Mayor and Council of the Town of Marana. PASSED AND ADOPTED this 23r day of January, 2001. :. d tutton, Jr., Mayor ATTEST: Jocelyn . Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally 2 Town of Marana, Arizona Technical Report for Marana South Transportation Benefit Area Overview of Current Conditions: In 1994, the Pima Association of Governments adopted the Metropolitan Transportation Plan for the Tucson urban area. The Plan includes a financial component that relies on three new revenue sources, one of which is a roadway development impact fee of $2500 per new single - family residence to be used for construction of new roadway capacity serving new development. The Town of Marana recognizes the need for new revenues to provide capacity for new residents, and is committed to investigate and adopt an impact fee for high - growth regions of the community. In late 1999, the Town retained local consultants to address the technical and legal issues associated with a roadway impact fee for the southwest portion of Town, one of the fastest growing regions in Marana, and also one of the most severely congested. Although the Town has taken great strides to alleviate the current congestion by participating in improvements to the 1 -10 /Cortaro Road interchange and by widening Cortaro Road, additional improvements, including a new traffic interchange at Linda Vista Boulevard, will be needed to support the build out of Continental Ranch and to provide capacity for several new developments in the benefit area. The consulting team worked closely with a stakeholders group comprised of homebuilders, area residents, real estate professionals, landowners, technicians, and staff. The group collaborated during three workshops focusing on alternative transportation funding strategies, their revenue potential, and their suitability to the residents and businesses of Marana. Three revenue sources were preferred -- (1) an increase in the current Marana construction sales tax, (2) an increase in the general sales tax, and (3) roadway development impact fees. The product of their efforts was presented to Mayor and Council at a study session on July 5, 2000. Description of Benefit Area: The Marana South Transportation Benefit Area is bounded by the Town Limits on the west, south, and east, and by Avra Valley Road on the north. The area includes all of Continental Ranch, the approved Continental Reserve and Twin Peaks developments, and other vacant developable parcels. The area will have an estimated 5400 new homes (or the equivalent; that is, 5,400 EDUs, as explained below) constructed within the next 10 to 20 years. Description of Funded improvement: Funds generated by this fee will be dedicated exclusively for the construction of a new traffic interchange at 1 -10 and Twin Peaks, sometimes referred to as Linda Vista. The improvement includes L Tucson, AZ Page 1 of 3 Curtis Lueck & Associates Technical Report for Town of Marana Development Impact Fee Ordinance November 8, 2000 the interchange and grade separation with the Southern Pacific Railroad tracks immediately east of 1 -10. The estimated cost of the funded improvement is $29 million'. Half of the costs will be borne by the benefit area, and non -Town revenues will fund the other half. The improvements do not include a new bridge over the Santa Cruz River, modifications to Linda Vista west of the Santa Cruz River, nor other intersection and operational improvements, The need for the new traffic interchange has been previously documented in the Town of Marana Subregional Transportation Study, 1996, by CLA. Calculation of Fee: The development impact fee for the improvement is calculated by dividing the project cost by the estimated number of new single family homes (or the equivalent) in the benefit area. The resulting gross fee of $2,685 represents the fee per "equivalent demand unit ", or EDU. The gross fee was reduced by $250 to allow partial credit for th7 Highway User Revenue Fund generated by a typical EDU and used indirectly during implementation of the funded project. The bottom line is a net development impact fee of $2,435 per EDU, as shown in the appendix. The fee is payable by the developer at the time construction permits are issued by the Town. Some of the EDUs that may be constructed within the Marana South Transportation Benefit Area are apartments and higher density residential developments with a gross site area density of six residences per acre or more. The fee for multi- family and other residential classifications is lower because the other uses generate fewer trips than the EDU. The fee for other categories is calculated based on the Institute of Transportation Engineers trip generation rates for those residential land use categories as a proportion of the trip rate for Fee Schedule Land Use EDU Multiplier Fee Standard, Less than 6 RAC 1.00 $2,435 Retirement, Less than 6 RAC 0.75 $1,826 Standard, More than 6 RAC 0.75 81,826 Retirement, More than 6 RAC 0.56 $1,364 RAC means residences per acre, based on gross site area. single family, non -age restricted, detached housing. The fee for other uses is summarized in the table below. The roadway fee is dedicated to construction of the new 1 -10 Twin Peaks interchange only and cannot be used for maintenance of roadways Or resolving existing deficiencies. The proposed fee would be applied to residential ' Town of Marana staff provided this project cost estimate. 2 HURF would be used indirectly in the administration and overhead of the Town during the implementation phase of project development, design, and construction. The credit is based on two full years 3 The 5,400 estimated total EDUs includes higher density projects counted with the EDU Multiplier set forth in the Fee Schedule table explained in this paragraph. Tucson, AZ Page 2 of 3 Curtis Lueck & Associates Technical Report for Town of Marana development {mpact Fee Ordinance November 8, 2000 development only as a matter of public policy. Residential development does not include long term medical care facilities, hospices, or high- density retirement care facilities greater than 20 dwelling units per acre, all of which shall be considered commercial enterprises for purposes of this fee. Ordinance Adoption Process: The statutory process for adopting the Ordinance is summarized below. The entire statute (ARS 9- 463.05) is very short and is reproduced in the appendix. ✓ Provide at least thirty days advance notice of intention to assess a new or increased development fee Release to the public a written report including all documentation that supports the assessment of a new or increased development fee. Conduct a public hearing on the proposed new or increased development fee at any time after the expiration of the thirty day notice of intent and at least fourteen days prior to the scheduled date of adoption of the new or increased fee by the governing body. The development fee shall not be effective until ninety days after its formal adoption by the governing body of the municipality. 4 The Growing Smarter Plus legislation (signed by Governor Hull on February 21, 2000 and effective 90 days thereafter) repeals the onerous county development impact fee legislation at ARS 11 -1101, and replaces it with the simpler requirements imposed on municipalities. This would make any future intergovernmental agreements with Pima County easier to implement. The State of Arizona currently has no authority to impose impact fees. V Tucson, AZ Page 3 of 3 Curtis Lueck & Associates APPENDIX Technical Report for Town of Marana Development Impact Fee Ordinance November 8, 2000 ARS 9- 463.05. Development fees; imposition by cities and towns A. A municipality may assess development fees to offset costs to the municipality associated with providing necessary public services to a development. B. Development fees assessed by a municipality under this section are subject to the following requirements: 1. Development fees shall result in a beneficial use to the development. 2. Monies received from development fees assessed pursuant to this section shall be placed in a separate fund and accounted for separately and may only be used for the purposes authorized by this section. Interest earned on monies in the separate fund shall be credited to the fund. 3. The, schedule for payment of fees shall be provided by the municipality, The municipality shall provide a credit toward the payment of a development fee for the required dedication of public sites and improvements provided by the developer for which that development fee is assessed. The developer of residential dwelling units shall be required to pay development fees when construction permits for the dwelling units are issued. 4. The amount of any development fees assessed pursuant to this section must bear a reasonable relationship to the burden imposed upon the municipality to provide additional necessary public services to the development. The municipality, in determining the extent of the burden unposed by the development, shall consider, among other things, the contribution made or to be made in the future in cash by taxes, fees or assessments by the property owner towards the capital costs of the necessary public service covered by the development fee. 5. If development fees are assessed by a municipality, such fees shall be assessed in a non - discriminatory manner. 6. In determining and assessing a development fee applying to land in a community facilities district established under title 48, chapter 4, article 6, the municipality shall take into account all public infrastructure provided by the district and capital costs paid by the district for necessary public services and shall not assess a portion of the development fee based on the infrastructure or costs. C. A municipality shall give at least thirty days' advance notice of intention to assess a new or increased development fee and shall release to the public a written report including all documentation that supports the assessment of a new or increased development fee. The municipality shall conduct a public hearing on the proposed new or increased development fee at any time after the expiration of the thirty day notice of intention to assess a new or increased development fee and at least fourteen days prior to the scheduled date of adoption of the new or increased fee by the governing body. A development fee assessed pursuant to this section shall not be effective until ninety days after its formal adoption by the governing body of the municipality. Nothing in this subsection shall affect any development fee adopted prior to July 24, 1982. Appendix Technical Report for Town of Marana Development Impact Fee Ordinance November 8, 2000 Roadway Development Impact Fee Cost Calculation Unit Cost Calculation Interchange Project Cost $ 29,000,000 Project Cost Funded by Benefit Area (50 %) $ 14,500,000 Estimated number of EDUs 5,400 Gross Fee per EDU $ 2,685 Fee Calculation Gross Fee $ 2,685 Partial Credit for HURF $ 250 Net Roadway Impact Fee per EDU $ 2,435 Appendix k fi ll. f�,4 'e ' Api .� AM !r 01IL = a . ski ti i "-w ',