HomeMy WebLinkAboutORD1472 ORDINANCE NO. 1472
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE
JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE,
BY REPEALING CHAPTER 7 : DEVELOPMENT FEES IN ITS
ENTIRETY; AND ADOPTING BY REFERENCE A NEW CHAPTER 7 :
DEVELOPMENT FEES; ESTABLISHING AN EFFECTIVE DATE AND A
REVOLVING SIXTY MONTH REVIEW PERIOD; REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, municipalities in Arizona have authority to impose
development fees under Arizona Revised Statutes § 9-463. 05; and
WHEREAS, the imposition of development fees is one of the
preferred and most direct methods of ensuring that development
bears a proportionate share of the cost of capital facilities
necessary to accommodate new development; and
WHEREAS, the City originally adopted development fees for
roads, police, parks, and library and municipal building
facilities in December 1996, amended them in February 1998,
August 2002, November 2005, March 2007 and May 2014; and
WHEREAS, the legislature and homebuilder industry lobbyists
have over the years amended A.R.S. § 9-463. 05 so that it is
increasingly more and more difficult for cities and towns to
adopt basic development fees; and
WHEREAS, pursuant to A.R.S. § 9-463. 05, on October 6, 2018,
the City timely released to the public and posted on its website
a notice for bid proposals for the preparation of a development
fee study, infrastructure improvements plan ("IIP") and land use
assumptions ("LUAs") ; and
WHEREAS, the mayor and city council held a work session on
November 5, 2018, regarding the bid proposals and on November 6,
2018, approved a professional services agreement with
TischlerBise to conduct a new development fee study, to include
recommending an IIP and LUAs required under A.R.S. § 9-463. 05;
and
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WHEREAS, on December 17, 2018, TischlerBise presented a
draft of the proposed IIP and LUAs to the mayor and city council
at a work session; and
WHEREAS, on February 15, 2019, the City timely released to
the public and posted on its website a written draft report of
the IIP and LUAs; and
WHEREAS, the mandated 60 day public comment period on the
IIP and LUAs for the public was February 15 through April 15,
2019; and
WHEREAS, on April 13, 2019, the City timely released to the
public and posted on its website a written report of the
anticipated May 21, 2019 IIP and LUAs public hearing and
adoption; and
WHEREAS, the second mandated 30 day public comment period
for the IIP and LUAs was April 17, 2019 through May 16, 2019;
and
WHEREAS, on May 21, 2019, the city council held the public
hearing on the proposed IIP and LUAs; and
WHEREAS, on May 22, 2019, the City timely released to the
public and posted on its website a notice of intention to assess
development fees, proposed new development fees and notice of
public hearing scheduled for July 2, 2019, and notice of the
scheduled August 6, 2019 public hearing and adoption on the
proposed Vol . II, Chapter 7 : Development Fees, city code
amendments; and
WHEREAS, on July 2, 2019, the city council held a public
hearing on the proposed development fees code amendments and
development fees report; and
WHEREAS, the mandated 30 day public comment period for the
development fee amendments was July 3, 2019 through August 1,
2019; and
WHEREAS, if adopted by the council, there is a mandated
delayed effective date of at least 75 days from date of
adoption; and
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WHEREAS, the amended fees, if adopted on August 6, 2019,
will be effective on October 21, 2019 as per A.R. S. 9-
463. 05 (C) ; and
WHEREAS, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code or public record in existence without
setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least three
paper copies or one paper copy and one electronic copy are
accessible on the city' s website and are filed in the office of
the city clerk of the municipality and are made available for
public use and inspection; and
WHEREAS, pursuant to A.R. S. §§ 9-801 (1) and 9-802, codes
which may be adopted by reference include those relating to
development fees; and
WHEREAS, City staff has determined that for administrative
efficiency, it is more appropriate to update the current
development fees by repealing Apache Junction City Code, Volume
II, Land Development Code, Chapter 7: Development Fees, in its
entirety, and replacing it with an updated version.
THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION, AS FOLLOWS:
SECTION I IN GENERAL
A) Existing "Apache Junction City Code, Volume II, Land
Development Code, Chapter 7: Development Fees", is hereby
repealed.
B) That certain document entitled "2019 Apache Junction City
Code, Volume II, Land Development Code, Chapter 7 :
Development Fees", at least three paper copies or one paper
copy and one electronic copy which are accessible on the
city' s website and filed in the office of the city clerk
which document was made a public record by Resolution No.
19-09 of the City of Apache Junction, Arizona, is hereby
referred to, adopted and made a part hereof as if fully set
out in this ordinance, pursuant to A.R.S. § 9-802 .
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SECTION II ESTABLISHING AN EFFECTIVE DATE AND SIXTY MONTH
REVIEW PERIOD
Pursuant to A.R.S. § 9-463.05, the provis'Lons of this ordinance
are effective October 21, 2019. Before the end of a sixty month
review period after the effective date, staff shall reconsider
the fees and provide a recommendation to council in compliance
with A. R.S . § 9-463. 05, as amended, for any fee changes .
SECTION III REPEALING ANY CONFLICTING ORDINANCES
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference are hereby repealed.
SECTION IV PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or portion
of this ordinance or any part of the codes or regulations
adopted herein by reference is for any reason held to be invalid
or unconstitutional by the decision cif` any' court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF
2019.
SIGNED AND ATTESTED TO THIS DAY OF
2019.
J E I`FF
Mayor
ATTEST:
Ki F, HLEEN CINNTELLY
City Clerk
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APPROVED AS TO FORM:
RI CHARD J. STERN
City Attorney
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