HomeMy WebLinkAboutORD1521 ORDINANCE NO. 1521
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 CHARTER 7 ® DEVELOPMENT FEES IN ITS
ENTIRETY; AND ADOPTING BY REFERENCE THAT CERTAIN
DOCUMENT FILED WITH THE CITY CLERK ENTITLED ®`2022
AMENDMENTS TO THE APACHE .JUNCTION CITY CODE, VOLUME
II, LAND DEVELOPMENT CODE, CHAPTER 7 : DEVELOPMENT
FEES"; ESTABLISHING AN EFFECTIVE DATE AND A REVOLVING
SIXTY MONTH REVIEW PERIOD; REVEALING ANY CONFLICTING
PROVISIONS; AND PROVIDING FOR. SEVERABILITY.
WHEREAS, municipalities in Arizona have authority to impose
development fees under Arizona Revised Statutes § -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 1995,
August, 2002, November 2005, March 2007, May 2014, and August
2019; 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, on January 18, 2022, TischlerEise presented a draft
of the proposed IIP, LUAs, and development fee report to the
mayor and city council at a work session; and
WHEREAS, on February 3, 2022, the City timely released to
the public and posted on its website a written report of the
anticipated April 5, 2022 IIP, LUAs, and development fee report
public hearing; and
WHEREAS, the mandated 60 day public comment period on the
IIP, LUAs, and development fee report for the public was February
4, 2022 through April 5, 2022; and
ORDINANCE NO. 1521
WAGE 1 of 4
WHEREAS, on April 5, 2022, the city council held the public
hearing on the proposed III', LUAs, and development fee report;
and
WHEREAS, the second mandated 30 day public comment period
for the III', LUAs, and development fee report was April 13, 2022
through May 15, 2022; and
WHEREAS, on May 17, 2022, the city council held the public
hearing on the proposed III', LUAs and development fee report,
and adopted the development fee report by Resolution No® 22-01;
and
WHEREAS, on May 18, 2022, 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 5, 2022, and notice of the
scheduled August 16, 2022 public hearing and adoption on the
proposed Vol ® II, Chapter 7 ® Development Fees, city code
amendments; and
WHEREAS, on July 5, 2022, the city council held a public
hearing on the proposed Chapter 7 : Development Fees come
amendments and development fee report; and
WHEREAS, the mandated 30 day public comment period for the
development fee amendments was July 6, 2022 through August 4,
2022; and
WHEREAS, if adopted by the council, there is a mandated
delayed effective date of at least 75 days from date of adoption;
and
WHEREAS, the amended fees, if adopted on August 16, 2022,
will be effective on October 31, 2022 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 teat 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
ORDINANCE NO. 1521
DACE 2 of 4
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
Revelopment Code, Chapter 7 : Development Fees", is hereby
repealed.
B) That certain document entitled "2022 Amendments to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 7 : JDevelopment 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® 22-02 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 .
SECTION II ESTABLISHING AN EFFECTIVE DATE AND SIXTY
MONTH REVIEW PERIOD
Pursuant to A.R. S . § 9-463 . 05, the provisions of this ordinance
are effective October 31, 2022 . 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®
ORDINANCE NO. 1521
PAGE 3 of 4
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 of 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 2022 .
SIGNED AND ATTESTED TO THIS DAY OF__0
2022
WALTER "CHIP" WILSON
Mayor
ATTEST:
LAA - -Z�
JIFER NA
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
ORDINANCE NO® 1521
PAGE 4 of 4