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O3712007 KENNEDALE ROADWAY IMPACT FEE ORDINANCE ORDINANCE NO. 371 AN ORDINANCE AMENDING ARTICLE II, ROADWAY IMPACT FEES, OF CHAPTER 20, STREETS AND SIDEWALKS, OF THE KENNEDALE CITY CODE (1992), AS AMENDED, BY REVISING ROADWAY IMPACT FEES ON NEW LAND DEVELOPMENT OR REDEVELOPMENT IN THE CITY LIMITS OF THE CITY OF KENNEDALE, TEXAS; UPDATING LAND USE ASSUMPTIONS AND CAPITAL IMPROVEMENT PLANS; PROVIDING FOR THE ASSESSMENT AND COLLECTION OF IMPACT FEES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale currently provides public roadway facilities that serve land within its City limits; and WHEREAS, the City is committed minimum levels of service by utilizing funds improvements programming processes and therein; and to providing public roadway facilities and allocated in the capital budget and capital relying upon the funding sources indicated WHEREAS, the City Council has determined that new residential and nonresidential development causes and imposes increased and excessive demands upon City facilities and services, including 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, 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, in accordance with state law, the City Council has previously adopted impact fees to finance new development demands for roadway facilities; and WHEREAS, the amount of the impact fees to be imposed is determined by the projections set forth in Land Use Assumptions and the cost of the additional public facilities needed to support such development, which public facilities are identified in Capital Improvement Plans; and WHEREAS, in accordance with the notice, adoption, promulgation and methodology required by Chapter 395 of the Texas Local Government Code, the Capital Improvements Advisory Committee and the City Council have reviewed the Land Use W:\Kennedale\ORDINANC\Impact Fees.2007 Update-roadway.wpd (06/29/07) Page 1 Assumptions and Capital Improvement Plans previously adopted and have determined that the these documents and the previously adopted impact fees should be updated; and WHEREAS, the City Council now desires to update and amend the previously adopted Land Use Assumptions, Capital Improvement Plans and the roadway impact fees in accordance with state law. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE,TEXAS: SECTION 1. Exhibit B, "Land Use Assumptions," Exhibit C, "Schedule of Assessed and Collected Impact Fees," and Exhibit D, "Roadway Improvement Plan" attached hereto are hereby adopted and shall replace Exhibits B, C, and D, attached to Ordinance No. 235 adopted May 9, 2002, codified in Article II, Chapter 20 of the Kennedale City Code. SECTION 2. Sections 20-28, 20-30, 20-31, 20-32, 20-33, 20-52, and 20-53 of the Kennedale City Code are hereby amended to read as follows: Sec. 20-28. Land use assumptions. Land use assumptions used in the development of roadway impact fees are hereby adopted as shown in Exhibit B to Ordinance No. 371. These assumptions may be revised by the city council according to the procedures set forth in V.T.C.A., Local Government Code ch. 395. Sec. 20-30. Service units. (a) Service units are established in accordance with generally accepted engineering and planning standards. (b) Service units utilized for calculation of roadway impact fees shall be as set forth in Exhibit C attached to Ordinance No. 371. (c) The city council may revise the calculation of service units according to the procedures set forth in V.T.C.A., Local Government Code ch. 395. Sec. 20-31. Impact fees per service unit. (a) The assessed impact fee per service unit is computed by subtracting fifty (50) percent of the total projected cost of implementing the capital improvement plans from the capital construction cost in the capital improvement plans for that category of capital improvements, and dividing that amount 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 assessed roadway impact fees per service unit are set forth in Exhibit C, attached to Ordinance No. 371. W:\Kennedale\ORDINANC\Impact Fees.2007 Update-roadway.wpd (06/29/07) Page 2 (b) The assessed impact fees in Exhibit C attached to Ordinance No. 371 may be amended by the City Council according to the procedures set forth in V.T.C.A., Local Government Code ch. 395. Sec. 20-32. Assessment of impact fees. (a) The approval of any subdivision of land for any new development shall include as a condition the assessment of the impact fees applicable to such development. (b) Impact fees for any new development shall be based upon the impact fee per service unit set forth in the Schedule of Assessed and Collected Impact Fees in effect at the time of assessment, and shall be assessed as follows: (1) For a new development which was final platted pursuant to the city's subdivision regulations before adoption of Ordinance No. 235 on May 9, 2002, assessment shall be the maximum impact fee adopted in Ordinance No. 235. (2) For a new developmentwhich has received final plat approval pursuant to the city's subdivision regulations after the adoption of Ordinance No. 235 on May 9, 2002, assessment shall be the maximum impact fee in effect on the date of final plat recordation. (c) Following assessment of the impact fees pursuant to subsection (b) of this section, no additional impact fees or increases thereof shall be assessed against that development unless the number of service units increases. (d) Following the lapse or expiration of approval for a plat, a new assessment must be performed at the time a new plat for such development is filed. Sec. 20-33. Calculation of impact fees. (a) Following a request fora building permit or tap purchase for new development, the city manager shall compute impact fees due for the new development in the following manner: (1) The number of service units shall be determined as set forth in Exhibit C, attached to Ordinance No. 371; and (2) The total service units shall be multiplied by the appropriate per-unit fee amount determined as set forth in section 20-31. (b) The total amount of each impact fee due for a new development shall not exceed the amounts shown in Exhibit C attached to Ordinance No. 371. (c) Separate impact fees shall be calculated forwater, wastewater, and roadway facilities. W:\Kennedale\ORDINANC\Impact Fees.2007 Update-roadway.wpd (06/29/07) Page 3 Sec. 20-52. Roadway improvement plan. (a) The roadway improvement plan for the city is hereby adopted as Exhibit D attached to Ordinance No. 371. (b) The roadway improvement plan may be amended from time to time, pursuant to the procedures set forth in V.T.C.A., Local Government Code ch. 395 and its successors. Sec. 20-53. Roadway impact fees. (a) The maximum impact fee values per service unit for roadway facilities are hereby adopted and incorporated in Exhibit C attached to Ordinance No. 371. (b) The maximum impact fee values per service unit for roadway facilities may be amended from time to time, pursuant to the procedures in section 20-30. SECTION 2. CUMULATIVE CLAUSE This Ordinance shall be cumulative of all provisions of ordinances of the City of Kennedale, Texas, except where the provisions of this Ordinance are indirect conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Ordinance No. 1, as amended by Ordinance Nos. 138 and 159, shall remain applicable to the assessment and collection of impact fees on properties that are not subject to the assessment and collection of impact fees under this Ordinance. SECTION 3. 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 4. 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 this the 12th day of July, 2007. W:\Kennedale\ORDINANC\Impact Fees.2007 Update-roadway.wpd (06/29/07) Page 4 `I\II~II II II IIIf111/~.; ~ .:~ OF KENN ~. ~ . ,. C = •. ~ =T t° ~ . •*~ -a : ATT~ ~. # ~a • ~' :: ,~ .. . Kathy Turned City Secretary APPROVED AS TO FORM AND LEGALITY: ~t1~LQ~_ Wayne K. Olson, City Attorney ayor, Bryan Lankhorst W:\Kennedale\ORDINANC\Impact Fees.2007 Update-roadway.wpd (06/29/07) Page 5 EXHIBIT B LAND USE ASSUMPTIONS POPULATION AND LAND USE PROJECTIONS FOR THE CITY OF KENNEDALE LAND USE 2007 ACRES % 2017 ACRES % Full Buildout ACRES Single-Family Residential (Low Density) 1,368 31.87% 1,982 46.18% 1,982 46.18% Multi-Family Residential (High Density) 4 0.09% 5 0.12% 5 0.12% Other Residential (Moderate Density) 64 1.49% 93 2.17% 93 2.17% Industrial 567 13.21% 821 19.13% 821 19.13% Commercial 199 4.64% 288 6.71 % 288 6.71 Institutional 67 1.56% 97 2.26% 97 2.26% Infrastructure 543 12.65% 786 18.31 % 786 18.31 Parks and Floodplains 102 2.38% 148 3.45% 148 3.45% Water 24 0.56% 35 0.82% 35 0.82% Under Construction 25 0.58% 36 0.84% 36 0.84% Vacant 1, 330 30.99% 0 0.00% 0 0.00% TOTAL ACREAGE 4,292 100.00% 4,292 100.00% 4,292 100.00% Population 6,776 9,819 9,819 Population per Total Acre 1.58 2.29 2.29 Source: City of Kennedale, Texas Comprehensive Land Use Plan (February 9, 2006). EXHIBIT C SCHEDULE OF ASSESSED AND COLLECTED IMPACT FEES The assessed roadway impact fee per LUE is $1,336.33. The actual amount of impact fee to be collected per LUE is $1,336.33. MAXIMUM ROADWAY IMPACT FEES FOR VARIOUS LAND USES LAND USE UNIT LUE EQUIVALENCY MAXIMUM IMPACT FEE PER UNIT Low Densit Residential Dwellin Unit 1.00 1 336.33 Medium Densit Residential Dwellin Unit 1.00 1 336.33 Hi h Densit Residential Dwellin Unit 0.61 820.32 Commercial /Retail 1000 S . Ft. 2.07 2 771.10 Office 1000 S . Ft. 1.48 $1 971.42 Industrial 1000 S . Ft. 0.97 $1 296.64 Schools Student 0.11 148.19 EXHIBIT D ROADWAY IMPROVEMENT PLAN CAPACITY DEMAND FOR EACH NEW LUE UTILITY /FACILITY BASIS CAPACITY PER LUE ROADWAYS Low-Density Residential ITE, 6`h Edition 3.03 Vehicle-Miles per dwelling unit Medium-Density Residential ITE, 6`h Edition 3.03 Vehicle-Miles per dwelling unit High-Density Residential ITE, 6th Edition 1.86 Vehicle-Miles per dwelling unit Commercial /Retail ITE, 6th Edition 6.28 Vehicle-Miles per 1,000 Sq. Ft. Office ITE, 6`h Edition 4.47 Vehicle-Miles per 1,000 Sq. Ft. Industrial ITE, 6`h Edition 2.94 Vehicle-Miles per 1,000 Sq. Ft. Schools ITE, 6th Edition 0.34 Vehicle-Miles er student SOURCE: Lee Engineering, 2007. ROADWAY LUE EQUIVALENCIES FOR VARIOUS LAND USES LAND USE UNIT PM PEAK TRIPS / UNIT TRIP LENGTH (Miles) VEHICLE- MILES / UNIT LUE EQUIVALENCY Low Densit Residential Dwellin 1.01 3.0 3.03 1.00 Medium Densit Dwellin 1.01 3.0 3.03 1.00 Hi h Densit Residential Dwellin 0.62 3.0 1.86 0.61 Commercial /Retail 1000 S 3.74 2.4 6.28 2.07 Office 1000 S 1.49 3.0 4.47 1.48 Industrial 1000 S 0.98 3.0 2.94 0.97 Schools Student 0.16 2.1 0.34 0.11 Source: Lee Engineering, 2007. ESTIMATED SERVICE DEMAND AND LUE'S FOR VARIOUS LAND USES ROADWAYS LAND USE 2007 DEMAND 2017 ULTIMATE LOW /MODERATE DENSITY RESIDENTIAL Dwelling Units 2,574 3,736 3,736 Vehicle-Miles /Dwelling Unit 3.03 3.03 3.03 Vehicle-Miles of Demand 7,799 11,320 11,320 Vehicle-Miles per LUE 3.03 3.03 3.03 Subtotal LUE's 2,574 3,736 3,736 HIGH DENSITY RESIDENTIAL Dwelling Units 32 40 40 Vehicle-Miles /Dwelling Unit 1.86 1.86 1.86 Vehicle-Miles of Demand 60 74 74 Vehicle-Miles per LUE 3.03 3.03 3.03 Subtotal LUE's 20 25 25 COMMERCIAL /RETAIL 1000 sq. ft. 811 1,174 1,174 Vehicle-Miles / 1000 sq. ft. 6.28 6.28 6.28 Vehicle-Miles of Demand 5,093 7,373 7,373 Vehicle-Miles per LUE 3.03 3.03 3.03 Subtofa/ LUE`s 1,681 2,433 2,433 OFFICE 1000 sq. ft. 348 503 503 Vehicle-Miles / 1000 sq. ft. 4.47 4.47 4.47 Vehicle-Miles of Demand 1,556 2,248 2,248 Vehicle-Miles per LUE 3.03 3.03 3.03 Subtotal LUE's 513 742 742 INDUSTRIAL 1000 sq. ft. 1,235 1,788 1,788 Vehicle-Miles / 1000 sq. ft. 2.94 2.94 2.94 Vehicle-Miles of Demand 3,631 5,257 5,257 Vehicle-Miles per LUE 3.03 3.03 3.03 Subtofa) LUE's 1,198 1, 735 i, 735 TOTALS Vehicle-Miles of Demand 18,138 26,272 26,272 LUES 5,986 8,671 8,671 Source: Lee Engineering, 2007. ROADWAY CIP INVENTORY AND COSTING TOTAL FACILITY CAPACITY 2007-2017 FACILITY CONSTRUCT COST CURRENT 2007-2017 POST-2017 CAPITAL COST PER TYPE NAME TOTAL COST. GROWTH GROWTH COST TOTAL LUE BOWMAN SPRINGS ROAD EXISTING FACILITIES Percent 2-Lane Undivided IH2O Frontage Rd. to Bus. US287 $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 $0 $0. FUTURE FACILITIES Realign and build 4 lanes City Limit to Bus US287 $2,353,150 Subtotal Future Facilities $2,353150 100.00% 69.04% 30.96% 0.00'x° $728 547 TOTAL BOWMAN SPR/NGS ROAD $2,353,150 $728,547 $271.39 BUSINESS US287 EXISTING FACILITIES Percent 2-lane Undivided $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0. FUTURE FACILITIES Subtotal Future Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0.0 TOTAL BUSINESS US287 $0 $0 $0. DICK PRICE ROAD EXISTING FACILITIES Percent 2-Lane Undivided Bus US287 to City Limit $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0.0 FUTURE FACILITIES Realign and build 4 lanes Bus US287 to SP RR $1,800,000 Build 2 lanes SP RR to Cit Limit $3,500,000 Subtotal Future Facilities $5 300 000 100.00% 69.04% 30.96% 0.00% $1 640908 $611.2 TOTAL DICK PRICE ROAD $5,300,000 $1,640,908 $611.2 EDEN ROAD EXISTING FACILITIES Percent 2-Lane Undivided Mansfield Cardinal to Cit Limit $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0.0 FUTURE FACILITIES Subtotal Future Facilities $0 100.00% B9.04% 30.96% 0.00% $0 $0.0 TOTAL EDEN ROAD $0 $0 $0.0 ROADWAY CIP INVENTORY AND COSTING TOTAL FACILITY CAPACITY 2007-2017 FACILITY CONSTRUCT COST CURRENT 2007-2017 POST-2017 CAPITAL COST PER TYPE NAME TOTAL COST. GROWTH GROWTH COST TOTAL LUE HUDSON VILLAGE CREEK ROAD EXISTING FACILITIES Percent 2-Lane Undivided Kennedale New Hope to Eden Rd S $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0. FUTURE FACILITIES Subtotal Future Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0. TOTAL HUDSON VILLAGE CREEK RD. $0 $0 $0. JOPLIN ROAD EXISTING FACILITIES Percent 2-Lane Undivided JR Hawkins to Swiney Hiett $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0.0 FUTURE FACILITIES Subtotal Future Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0. TOTAL JOPLIN ROAD $0 $0 $p. KENNEDALE NEW HOPE ROAD EXISTING FACILITIES Percent 2-Lane Undivided Bus US287 to Hudson Villa a Creek $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 100.00% 69.04% 30.96°~ 0.00% $0 $0. FUTURE FACILITIES Build 2 lanes Bus US287 to SP RR $750,000 Build 2 lanes SP RR to Hudson Villa a $3,750,000 Subtotal Future Facilities $4,500,000 100.00% 69.04% 30.90% 0.00% $1,393,223 $518.9 TOTAL KENNEDALE NEW HOPE ROAD $4,500,000 $1,393,223 $518.99 KENNEDALE SUBLETT ROAD EXISTING FACILITIES Percent 2-Lane Undivided Bus US287 to Kennedale-Little School $0 100.00% 69.04% 30.96% 0.00% $0 2-Lane Undivided Kennedale-Little School to Jo lin $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0.0 FUTURE FACILITIES Realign and build 4 lanes Bus US287 to Kennedale-Little $3,600,000 Build 2 lanes Kennedale-Little to City Limits $1,849,922 Subtotal Future Facilities $5449 922 100.00% 09.04% 30.90% 0.00% $1087324 $028.54 TOTAL KENNEDALE SUBLETT ROAD $5,449,922 $1,087,324 $028.54 ROADWAY CIP INVENTORY AND COSTING TOTAL FACILITY CAPACITY 2007-2017 FACILITY CONSTRUCT COST CURRENT 2007-2017 POST-2017 CAPITAL COST PER TYPE NAME TOTAL CUST. GROWTH GROWTH COST TOTAL LUE KENNEDALE LITTLE SCHOOL ROAD EXISTING FACILITIES Percent 4-Lane Undivided IH2O to Penns Ivania $0 100.00% 69.04% 30.96% 0.00% $0 2-Lane Undivided Pennsylvania to Mansfield Cardinal $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 100.00% 69.04°~ 30.96% 0.00% $0 $0. FUTURE FACILITIES Build new lanes S of Pennsylvania Ave to Bus US287 $2,362,050 Build new 4 lane roadway Bus US287 to Kennedale New Ho a Rd. $3,D00,000 Subtotal Future Facilities $5 362 050 100.00% 69.04% 30.98% 0.00% $1 860119 $618.41 TOTAL KENN. LITTLE SCHOOL RD $5,36$050 $1,660,119 $618.41 KENNEDALE-SUBLETT RD AT KENNEDALE-LITTLE SCHOOL RD ROAD EXISTING FACILITIES Percent $0 100.00% 69.04% 30.96% 0.00% $0 Subtotal Existing Facilities $0 $0 $0. FUTURE FACILITIES Install traffic signal Kennedale -Sublett at Kennedale-Little School $150,000 Subtotal Future Facilities $150 000 100.00% 69.04% 30.96% 0.00% $46441 $17.3 TOTAL KENNEDALE-SUBLETT ROAD $150,000 $46,441 $17.3 ROADWAY CIP INVENTORY AND COSTING TOTAL FACILITY CAPACITY 2007-2017 FACILITY CONSTRUCT COST CURRENT 2007-2017 POST-2017 CAPITAL COST PER TYPE NAME TOTAL CUST. GROWTH GROWTH COST TOTAL LUE TREEPOINT DRIVE EXISTING FACILITIES Percent 2-Lane Undivided City Limt to Kennedale-Little School $0 4-Lane Undivided Median Way to Vandalia Trail $0 2-Lane Undivided Vandalia Trail to Kennedale Sublett $0 Subtotal Existing Facilities $0 100.00% 69.04% 30.96% 0.00°k $0 $0. FUTURE FACILITIES Subtotal Future Facilities $0 100.00% 69.04% 30.96% 0.00% $0 $0. TOTAL TREEPOINT DRIVE $0 $0 $0. ROADWAY CONSTRUCTION COST TOTAL $23,115,122 $7,15ti,5ti2 $2,665.8 The future facilities in this CIP are representative roads. The City may construct alternative projects to accommodate new growth, which will provide the same vehicle miles of capacity for new growth. DERIVATION OF MAXIMUM ROADWAY CAPITAL RECOVERY COSTS THROUGH 50% REDUCTION OF FEE ITEM CONSTRUCTION COSTS LESS 50% OF CONSTRUCTION COSTS EQUALS MAXIMUM IMPACT FEE PER LUE Bowman S rin s Road $271.39 $135.69 $135.69 US Bus 287 $0.00 $0.00 $0.00 Dick Price Road $611.25 $305.63 $305.63 Eden Road $0.00 $0.00 $0.00 Hudson Villa a Creek Road $0.00 $0.00 $0.00 Jo lin Road $0.00 $0.00 $0.00 Kennedale New Ho a Road $518.99 $259.49 $259.49 Kennedale Sublett Road $628.54 $314.27 $314.27 Kennedale Little School Road $618.41 $309.20 $309.20 Kennedale-Sublett Rd at Kennedale-Little $17.30 $8.65 $8.65 Tree oint Drive $0.00 $0.00 $0.00 CIP/Stud Costs $6.78 $3.39 $3.39 The future facildies in this CIP are representative roads. The City may construct alternative projects to accommodate new growth, which will provide the same vehicle-miles of capacity for new growth.