HomeMy WebLinkAboutRES 19-08 RESOLUTION NO. 19-08
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, ADOPTING THE DEVELOPMENT
INFRASTRUCTURE IMPROVEMENTS PLAN, LAND USE ASSUMPTIONS
AND DEVELOPMENT FEE REPORT.
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, A.R. S. § 9-463 . 05 requires a city to adopt, in
conjunction with a development fee ordinance, an infrastructure
improvements plan ("IIP") , the land use assumptions ("LUAs")
that support the plan, and the development fee report; 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, IIP and 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
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
RESOLUTION NO. 19-08
PAGE 1 OF 3
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 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
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) .
RESOLUTION NO. 19-08
PAGE 2 OF 3
NOW, THEREFORE, DD IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS
That the Infrastructure Improvements Plan and Land Use
Assumptions supporting the development fees amendments, and the
development fee report, all set forth in Attachment A, be
approved and adopted.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS ,w DAY OF ,. 2019.
1
SIGNED AND ATTESTED TO THIS t DAY OF ® 2019.
JEFF g7y
Mayer
ATTEST®
KATHLE N NNEZL,Y
City Clerk
APPROVED AS TO FORM®
RICHARD J. STERN
City Attorney
RESOLUTION NO® 19-08
PAGE 3 OF 3
ATTACHMENT A