SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 051437
Amending Chapter 39, Arterial
Street Impact Fees, Code of Ordinances, by repealing Sections 39-3, 39-4, 39-5,
39-6, 39-7, 39-8, 39-9 and 39-10, and enacting in lieu thereof new sections of
like number and subject matter to make changes to various procedures and
districts in the impact fee ordinance.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That
Chapter 39, Arterial Street Impact Fees, of the Code of Ordinances of the City
of Kansas City, Missouri, is hereby amended by repealing sections 39-3, 39-4,
39-5, 39-6, 39-7, 39-8, 39-9, 39-10 and enacting in lieu thereof new sections
of like numbers and subject matter, to read as follows:
Sec. 39-3. Applicability and
exemptions.
(a) On or after
the effective date of this Chapter 39, any person who shall construct either a
new residential or nonresidential development in the area of the City of Kansas
City located within one of the benefit districts
as defined by Section 39-6, shall be obligated to pay an arterial street impact
fee.
(1) Except as provided in sections 39-3(a)(3) and 39-3(a)(4), no building permit for a residential development
shall be issued unless the applicant thereof has paid the applicable impact fee
imposed by this Chapter 39 unless otherwise exempted under subsection (b)
below. If the permit is for less than the entire development, the fee shall be
computed separately for the amount of development covered by the building
permit.
(2) No certificate of occupancy, including a temporary or full
certificate of occupancy, for nonresidential development shall be issued unless
the applicant thereof has paid the applicable impact fee imposed by this
Chapter 39 unless otherwise exempted under subsection (b) below. If the
certificate of occupancy is for less than the entire development, the fee shall
be computed separately for the amount of development covered by the building
permit from which the certificate of occupancy is requested.
(3) A conditional building permit may be issued pending the
payment of the applicable impact fee where an application for individual
assessment or credit has been filed according to section 39-5 or 39-8, as
applicable.
(4) A conditional building permit may be issued where an appeal
has been filed with the Board of Zoning Adjustment under section 39-9 and the
applicant has provided the impact fee administrator with a letter of credit in
the amount of the contested impact fee pending the decision of the Board of
Zoning Adjustment.
(b) This Chapter
39 shall not be applicable to building permits or certificates of occupancy
otherwise necessary for:
(1) Room additions, remodeling, rehabilitation or other
improvements to an existing structure, provided that there is no increase in
the number of dwelling units for residential use or in the applicable
development units for nonresidential use, and there is no change of use
that would generate more peak hour vehicle traffic than any previous use
subject to the provisions of section 39-4 (c).
(2) Rebuilding or replacement of a damaged, destroyed, demolished
or removed structure, whether voluntary or involuntary, provided there is no
increase in the number of dwelling units for residential use or in the applicable
development units for nonresidential use, and there is no change of use that
would generate more peak hour vehicular traffic than the previous use, and that
the rebuilding or replacement occurs no later than ten (10) years after the
demolition or removal of the previous structure.
Sec. 39-4 Fee Schedule
(a) The City
shall calculate the impact fee due by:
(1) Verifying the number and type of dwelling units or square
footage of nonresidential structures or other applicable development unit that
are proposed to be constructed as shown on the building permit application.
(2) Determining the impact fee that shall be
applied for each dwelling unit or square footage of nonresidential structure or
other applicable development unit pursuant to subsection (b) of this section. If
the proposed use is listed in subsection (b) the city shall calculate the
impact fee due by using the measurements/units listed in subsection (b) and not
consult the Institute of Transportation Engineers Trip Generation Manual. In
the event that the type of use proposed is not listed in the fee schedule, the fee
for the most similar use, in terms of traffic generation, shall be used. The
description of land use categories in the most current edition of the Institute
of Transportation Engineers (ITE) Trip Generation manual shall be used
as a guide in applying the land uses in the fee schedule for those land uses
that are not specifically listed in subsection (b).
(3) Multiplying the number of dwelling units or square footage of
nonresidential structures, stated in terms of 1,000 square feet of gross floor
area, or other applicable development unit by the applicable impact fee.
(b) The
following are the arterial street impact fees applicable to new residential and
nonresidential development:
(1) The following fees shall be assessed in the North Service
Area, which includes all of the incorporated area of the City of Kansas City,
Missouri located north of the Missouri River that is included in one of the
five benefit districts defined in Section 39-6:
ARTERIAL STREET
IMPACT FEE SCHEDULE, NORTH SERVICE AREA
Land Use Type
|
Unit
|
Net
Cost/ Unit
|
Discount
Factor
|
Discounted
Fee
|
Single-Family Detached*
|
Dwelling
|
$1,430.00
|
50%
|
$715.00
|
Multi-Family**
|
Dwelling
|
$873.00
|
50%
|
$437.00
|
Mobile Home Park
|
Pad
Site
|
$788.00
|
50%
|
$394.00
|
Congregate Care Facility
|
Dwelling
|
$240.00
|
50%
|
$120.00
|
Hotel/Motel
|
Room
|
$668.00
|
50%
|
$334.00
|
Retail/Commercial
|
|
|
|
|
Shopping Center/General
Retail, 0-100,000 sf
|
1000
sq. ft.
|
$2,928.00
|
50%
|
$1,464.00
|
Shopping Center/General
Retail, 100,001-500,000 sf
|
1000
sq. ft.
|
$2,157.00
|
50%
|
$1,079.00
|
Shopping Center/General
Retail, 500,001-1 million sf
|
1000
sq. ft.
|
$1,994.00
|
50%
|
$997.00
|
Shopping Center/General
Retail, 1 million sf+
|
1000
sq. ft.
|
$1,977.00
|
50%
|
$989.00
|
Automobile Dealership
|
1000
sq. ft.
|
$1,738.00
|
50%
|
$869.00
|
Automobile Parts Sales
|
1000
sq. ft.
|
$3,715.00
|
50%
|
$1,858.00
|
Bank, Walk-In
|
1000
sq. ft.
|
$6,317.00
|
50%
|
$3,159.00
|
Bank, Drive-In
|
1000
sq. ft.
|
$10,443.00
|
50%
|
$5,222.00
|
Building Material & Lumber
|
1000
sq. ft.
|
$2,850.00
|
50%
|
$1,425.00
|
Car Wash, Self Service
|
Stall
|
$4,092.00
|
50%
|
$2,046.00
|
Convenience Store with
Gasoline Sales
|
1000
sq. ft.
|
$6,848.00
|
50%
|
$3,424.00
|
Discount Store, Free-Standing
|
1000
sq. ft.
|
$2,876.00
|
50%
|
$1,438.00
|
Drugstore/Pharmacy without
Drive-Through
|
1000
sq. ft.
|
$4,426.00
|
50%
|
$2,213.00
|
Drugstore/Pharmacy with
Drive-Through
|
1000
sq. ft.
|
$5,581.00
|
50%
|
$2,791.00
|
Electronic Superstore
|
1000
sq. ft.
|
$1,712.00
|
50%
|
$856.00
|
Furniture Store
|
1000
sq. ft.
|
$128.00
|
50%
|
$64.00
|
Gasoline Service Station
|
fuel
position
|
$2,876.00
|
50%
|
$1,438.00
|
Gasoline Service Station
w/Convenience Market
|
fuel
position
|
$2,268.00
|
50%
|
$1,134.00
|
Home Improvement Store
|
1000
sq. ft.
|
$1,301.00
|
50%
|
$651.00
|
Movie Theater
|
1000
sq. ft.
|
$2,688.00
|
50%
|
$1,344.00
|
Quick Lubrication Center*
|
Service Station
|
$3,666.00
|
50%
|
$1,833.00
|
Restaurant, Fast Food***
|
1000
sq. ft.
|
$6,386.00
|
50%
|
$3,193.00
|
Restaurant, Sit-Down
|
1000
sq. ft.
|
$4,023.00
|
50%
|
$2,012.00
|
Supermarket
|
1000
sq. ft.
|
$5,530.00
|
50%
|
$2,765.00
|
Tire Store
|
1000
sq. ft.
|
$3,895.00
|
50%
|
$1,948.00
|
Video Rental Store
|
1000
sq. ft.
|
$6,531.00
|
50%
|
$3,266.00
|
Office/Institutional
|
|
|
|
|
Office, General
|
1000
sq. ft.
|
$2,106.00
|
50%
|
$1,053.00
|
Office, Medical
|
1000
sq. ft.
|
$5,170.00
|
50%
|
$2,585.00
|
Hospital
|
1000
sq. ft.
|
$1,301.00
|
50%
|
$651.00
|
Library
|
1000
sq. ft.
|
$2,500.00
|
50%
|
$1,250.00
|
Nursing Home
|
1000
sq. ft.
|
$505.00
|
50%
|
$253.00
|
Church
|
1000
sq. ft.
|
$933.00
|
50%
|
$467.00
|
Day Care Center
|
1000
sq. ft.
|
$2,234.00
|
50%
|
$1,117.00
|
Elementary/Secondary School
|
1000
sq. ft.
|
$171.00
|
50%
|
$86.00
|
Industrial
|
|
|
|
|
Industrial
|
1000
sq. ft.
|
$1,301.00
|
50%
|
$651.00
|
Warehouse
|
1000
sq. ft.
|
$719.00
|
50%
|
$360.00
|
Mini-Warehouse
|
1000
sq. ft.
|
$368.00
|
50%
|
$184.00
|
Recreational
|
|
|
|
|
Amusement Park
|
Acre
|
$556.00
|
50%
|
$278.00
|
Bowling Alley
|
1000
sq. ft.
|
$496.00
|
50%
|
$248.00
|
Golf Course
|
Hole
|
$385.00
|
50%
|
$193.00
|
Golf Driving Range
|
Tee
|
$882.00
|
50%
|
$441.00
|
Health Club
|
1000
sq. ft.
|
$3,039.00
|
50%
|
$1,520.00
|
Miniature Golf Course
|
Hole
|
$462.00
|
50%
|
$231.00
|
Park
|
Acre
|
$86.00
|
50%
|
$43.00
|
Recreational
Community Center
|
1000
sq. ft.
|
$2,474.00
|
50%
|
$1,237.00
|
*
includes mobile home on individual lot
**
includes apartments, duplexes, townhouses and residential condominiums
***
defined as restaurant with walk-up take-out counter, drive-through window or
service to persons in automobiles
(2) The following fees shall be
assessed in the South Service Area, which includes all of the incorporated area
of the City of Kansas City, Missouri located south of the Missouri River that
is included in one of the three benefit districts defined in Section 39-6:
ARTERIAL
STREET IMPACT FEE SCHEDULE, SOUTH SERVICE AREA
Land Use Type
|
Unit
|
Net
Cost/ Unit
|
Discount
Factor
|
Discounted
Fee
|
Single-Family Detached*
|
Dwelling
|
$1,411.00
|
50%
|
$706.00
|
Multi-Family**
|
Dwelling
|
$863.00
|
50%
|
$432.00
|
Mobile Home Park
|
Pad
Site
|
$781.00
|
50%
|
$391.00
|
Congregate Care Facility
|
Dwelling
|
$233.00
|
50%
|
$117.00
|
Hotel/Motel
|
Room
|
$653.00
|
50%
|
$327.00
|
Retail/Commercial
|
|
|
|
|
Shopping Center/General
Retail, 0-100,000 sf
|
1000
sq. ft.
|
$2,903.00
|
50%
|
$1,452.00
|
Shopping Center/General
Retail, 100,001-500,000 sf
|
1000
sq. ft.
|
$2,134.00
|
50%
|
$1,067.00
|
Shopping Center/General
Retail, 500,001-1 million sf
|
1000
sq. ft.
|
$1,971.00
|
50%
|
$986.00
|
Shopping Center/General
Retail, 1 million sf+
|
1000
sq. ft.
|
$1,959.00
|
50%
|
$980.00
|
Automobile Dealership
|
1000
sq. ft.
|
$1,726.00
|
50%
|
$863.00
|
Automobile Parts Sales
|
1000
sq. ft.
|
$3,685.00
|
50%
|
$1,843.00
|
Bank, Walk-In
|
1000
sq. ft.
|
$6,261.00
|
50%
|
$3,131.00
|
Bank, Drive-In
|
1000
sq. ft.
|
$10,342.00
|
50%
|
$5,171.00
|
Building Material & Lumber
|
1000
sq. ft.
|
$2,822.00
|
50%
|
$1,411.00
|
Car Wash, Self Service
|
Stall
|
$4,046.00
|
50%
|
$2,023.00
|
Convenience Store with
Gasoline Sales
|
1000
sq. ft.
|
$6,786.00
|
50%
|
$3,393.00
|
Discount Store, Free-Standing
|
1000
sq. ft.
|
$2,845.00
|
50%
|
$1,423.00
|
Drugstore/Pharmacy without
Drive-Through
|
1000
sq. ft.
|
$4,384.00
|
50%
|
$2,192.00
|
Drugstore/Pharmacy with
Drive-Through
|
1000
sq. ft.
|
$5,527.00
|
50%
|
$2,764.00
|
Electronic Superstore
|
1000
sq. ft.
|
$1,702.00
|
50%
|
$851.00
|
Furniture Store
|
1000
sq. ft.
|
$128.00
|
50%
|
$64.00
|
Gasoline Service Station
|
fuel
position
|
$2,857.00
|
50%
|
$1,429.00
|
Gasoline Service Station
w/Convenience Market
|
fuel
position
|
$2,250.00
|
50%
|
$1,125.00
|
Home Improvement Store
|
1000
sq. ft.
|
$1,294.00
|
50%
|
$647.00
|
Movie Theater
|
1000
sq. ft.
|
$2,658.00
|
50%
|
$1,329.00
|
Quick Lubrication Center*
|
Service Station
|
$3,630.00
|
50%
|
$1,815.00
|
Restaurant, Fast Food***
|
1000
sq. ft.
|
$6,320.00
|
50%
|
$3,160.00
|
Restaurant, Sit-Down
|
1000
sq. ft.
|
$3,988.00
|
50%
|
$1,994.00
|
Supermarket
|
1000
sq. ft.
|
$5,480.00
|
50%
|
$2,740.00
|
Tire Store
|
1000
sq. ft.
|
$3,859.00
|
50%
|
$1,930.00
|
Video Rental Store
|
1000
sq. ft.
|
$6,471.00
|
50%
|
$3,236.00
|
Office/Institutional
|
|
|
|
|
Office, General
|
1000
sq. ft.
|
$2,087.00
|
50%
|
$1,044.00
|
Office, Medical
|
1000
sq. ft.
|
$5,119.00
|
50%
|
$2,560.00
|
Hospital
|
1000
sq. ft.
|
$1,283.00
|
50%
|
$642.00
|
Library
|
1000
sq. ft.
|
$2,484.00
|
50%
|
$1,242.00
|
Nursing Home
|
1000
sq. ft.
|
$501.00
|
50%
|
$251.00
|
Church
|
1000
sq. ft.
|
$921.00
|
50%
|
$461.00
|
Day Care Center
|
1000
sq. ft.
|
$2,215.00
|
50%
|
$1,108.00
|
Elementary/Secondary School
|
1000
sq. ft.
|
$175.00
|
50%
|
$88.00
|
Industrial
|
|
|
|
|
Industrial
|
1000
sq. ft.
|
$1,283.00
|
50%
|
$642.00
|
Warehouse
|
1000
sq. ft.
|
$711.00
|
50%
|
$356.00
|
Mini-Warehouse
|
1000
sq. ft.
|
$361.00
|
50%
|
$181.00
|
Recreational
|
|
|
|
|
Amusement Park
|
Acre
|
$560.00
|
50%
|
$280.00
|
Bowling Alley
|
1000
sq. ft.
|
$490.00
|
50%
|
$245.00
|
Golf Course
|
Hole
|
$385.00
|
50%
|
$193.00
|
Golf Driving Range
|
Tee
|
$875.00
|
50%
|
$438.00
|
Health Club
|
1000
sq. ft.
|
$3,008.00
|
50%
|
$1,504.00
|
Miniature Golf Course
|
Hole
|
$466.00
|
50%
|
$233.00
|
Park
|
Acre
|
$82.00
|
50%
|
$41.00
|
Recreational
Community Center
|
1000
sq. ft.
|
$2,449.00
|
50%
|
$1,225.00
|
* includes mobile home on individual lot
** includes apartments, duplexes, townhouses and residential
condominiums
***
defined as restaurant with walk-up take-out counter, drive-through window or
service to persons in automobiles
(c) For redevelopment, reconstruction or expansion of an
existing development, the fee shall be calculated by taking the difference
between the total fees calculated for the proposed use and for any prior use of the site that was in operation, provided that the prior use was in operation within ten
(10) years prior to the first building permit for the redevelopment. In the
event that no use was in operation on the site within the last ten (10) years,
the redevelopment shall be treated the same as a new development.
(d) For a proposed mixed-use development, the impact fee
for each residential dwelling type and nonresidential structure shall be
calculated separately and the fees added together to determine the appropriate
impact fee for the development.
Sec.
39-5. Individual assessments.
(a) The impact fee shall be computed by the use of an
individual assessment of traffic impact if:
(1) The type of new development being
commenced is not similar, in terms of traffic generation, to any of the land
use types listed on the fee schedule in Sec. 39-4;
(2) The fee payer chooses to have the
amount of the fee determined by the use of an individual assessment; or
(3) The Impact Fee Administrator
concludes that the nature, timing or location of the proposed new development
makes it likely to generate impacts costing substantially more to mitigate than
the amount of the fee that would be generated by the use of the fee schedule.
(b) The applicant shall be responsible for preparation of
the individual assessment if the applicant chooses to conduct the analysis.
The Impact Fee Administrator shall be responsible for preparation of the
individual assessment if the type of land development being proposed is
interpreted not to be one of those types listed in the fee schedule or analysis
of the proposed new development concludes that the nature, timing or location
of the proposed new development makes it likely to generate impacts costing
substantially more than the amount of the fee generated by the use of the fee
schedule. The person who prepares the individual assessment shall be a
qualified professional in the preparation of transportation impact analysis and
shall be approved by the Impact Fee Administrator on the basis of professional
training and experience. If the Impact Fee Administrator is responsible for
preparation of the assessment, the Administrator may request the applicant to
prepare the individual assessment and credit the cost for such preparation
against the impact fees.
(c) The individual assessment for the arterial street
impact fee shall determine if the proposed new development is designed or
located so that the new development will place less demand on the arterial
system than that projected in the fee schedule. The individual assessment
shall calculate the applicable impact fees according to the following formula:
ASSESSED FEE
|
=
|
PERCENT
x MAXIMUM FEE
|
MAXIMUM FEE
|
=
|
PK
HR VMT x NET COST/VMT
|
Where:
|
|
|
PERCENT
|
=
|
50%
in North Service Area; 50% in South Service
Area
|
PK HR VMT
|
=
|
PK
HR TRIPS x % NEW x LENGTH 2
|
PK HR
TRIPS
|
=
|
Trip
ends during PM peak hour of adjacent street traffic
|
% NEW
|
=
|
Percent
of trips that are primary, as opposed to pass by or diverted-link trips
|
LENGTH
|
=
|
Average
length of a trip on the City arterial system
|
2
|
=
|
Avoids
double-counting trips for origin and destination
|
NET COST/VMT
|
=
|
Average
cost to accommodate a new peak hour VMT at LOS D, less revenue and deficiency
credits, which has been calculated in the 1999 study by Duncan Associates to
be $878
|
(d) Review of application.
(1) An individual assessment shall be
undertaken through the submittal of an application of individual assessment of
arterial street impact fees. An applicant may submit such an application at
the applicants discretion. The Impact Fee Administrator shall submit such an
application for any proposed new development interpreted as not one of those
types listed on the Fee Schedule and for any proposed new land development for
which it concludes the nature, timing or location of the proposed new
development makes it likely to generate impacts costing substantially more to
mitigate than the amount of the fee that would be generated by the use of the
Fee Schedule.
(2) Upon receipt of any
application for individual assessment, the Impact Fee Administrator shall
determine if the application is complete. If the Impact Fee Administrator
determines that the application is not complete, a written statement shall be
sent to the applicant by mail, specifying the deficiencies. The Impact Fee
Administrator shall take no further action on the application until it is
deemed complete.
(3) When the Impact Fee Administrator
determines the application is complete, the application shall be reviewed and a
written decision rendered in one month on whether the fee should be modified
and, if so, what the amount should be.
(e) If the Impact Fee Administrator finds that the data,
information and assumptions used by the applicant to calculate the individual
assessment satisfies the requirements of this section, the fee determined in
the individual assessment shall be deemed the fee due and owing for the
proposed new development. This adjustment in the fee shall be set forth in a
fee agreement.
(f) Any applicant may appeal the Impact Fee Administrators
decision on the individual assessment, whether initiated by the applicant or by
the Impact Fee Administrator, by filing a petition to the Board of Zoning
Adjustment of Kansas City, Missouri, pursuant to Section 39-9. The applicant
must file a notice of appeal with the Impact Fee Administrator within ten
working days following the decision on the individual assessment.
Sec.
39-6. Accounting and expenditures.
(a) Any fees collected under this Chapter 39 are expressly
designated for arterial street improvements within the jurisdiction of Kansas City as hereinafter provided in this section, the payment of the costs of
administration of the impact fees, and the payment of consultant fees to update
the arterial street impact fees.
(b) Impact fees calculated and imposed pursuant to this
Chapter 39 shall be collected by the Impact Fee Administrator prior to issuance
of a building permit.
(c) Impact fees shall be transferred from the Impact Fee
Administrator to the City's Finance Department for placement in separate trust
accounts, which have been established pursuant to subsections (d) and (e)
below.
(d) There are hereby established five arterial street
impact fee benefit districts in the North Service Area, as identified in
Exhibits A-1 to A-5, which are attached hereto and incorporated herein by
reference, and a separate trust account for each benefit district, for the
purpose of ensuring that the impact fees collected in each district are spent
on improvements that reasonably benefit the fee-paying development. The
benefit districts are generally described as follows:
(1) Benefit District A, an area
referred to as east of KCI Airport, bounded on the north and west by the City
limits, on the south by M-152 and on the east by U.S. 169, and also
shall include that certain 527.83 acre tract of land annexed with the passage
of Ordinance No. 050097 on February 17, 2005, which is legally described as follows:
Tract 113:
Beginning at a point 180 feet West of the East line of the Southeast of Section
30, Township 52, Range 34 on the North line of the Southeast of said Section
30, said point also being on the City limits line established by Ordinance No.
65021; thence South 89 48 42 West along said North line and said City limits
line a distance of 2461.85 feet to the Northwest corner of said Southeast ,
said point also being on said City limits line; thence South 0 14 13 West along
the West line of said Southeast and said City limits line a distance of 1323.06
feet to the Southwest corner of the North of said Southeast , said point also
being on said City limits line; thence North 89 48 42 East along the South line
of said North , said line also being on said City limits line, a distance of
2462.50 feet to a point on a line that is 180.00 feet West of said East line of
said Southeast , said line also being the City limits line established by
Ordinance No. 22266; thence North along said East line and said City limits
line to the Point of Beginning.
Tract 116: Beginning
at a point 180 feet west of the East line of the Southeast of Section 19,
Township 52, Range 34 on the South line of the North of said Southeast , said
point also being on the City limits line established by Ordinance No. 22266;
thence South 89 48 19 West a distance of 2449.76 feet to the West line of said
Southeast , said point also being on the City limits line established by
Ordinance No. 65021; thence North 0 6 36 West along said West line and said
City limits line a distance of 713.71 feet to a point on the Easterly
right-of-way line of Interstate Route No. 435; thence Northerly along said
right-of-way line to the North line of the Northeast of said Section 19; thence
East along said North line to a point on a line 180 feet West of the East line of
said Northeast, said point also being on the City limits line established by
Ordinance No. 22266; thence South along said East line and said City limits
line established by Ordinance No. 22266 to the Point of Beginning.
Tract 122:
Beginning at a point 180 feet west of the East line of the Southeast of Section
19, Township 52, Range 34 on the South line of the North of said Southeast ,
said point also being on the City limits line established by Ordinance No.
22266; thence South 89 48 19 West a distance of 347.99 feet along said South
line to a point on the City limits line established by Ordinance 65021; thence
South 0 12 47 West a distance of 165 feet along said City limits established by
Ordinance No. 65021 line to a point also on said City limits line established
by Ordinance No. 65021; thence North 89 48 19 East along said City limits line
established by Ordinance No. 65021 a distance of 347.99 feet to a point on a
line that is 180 feet West of and parallel with the East line of said Southeast
, said point also being on the City limits line established by Ordinance No.
65021, thence North along said line and along the City limits line established
by Ordinance No. 22266 to the Point of Beginning.
Tract 123:
Commencing at the Northeast corner of the Southeast of Section 18, Township 52,
Range 34, said point being on the City limits line established by Ordinance No.
65021; thence South 0 18 50 West along the East line of said Southeast and said
City limits line a distance of 988.60 feet to the True Point of Beginning;
thence continuing South along said East line to a point on a line that is 180
feet North of the South line of said Southeast , said line also being on the
City limits line established by Ordinance No. 22266; thence West along said
line to a point on a line that is 180 feet West of said East line of said
Southeast , said line also being on the City limits line established by
Ordinance No. 22266; thence South along said line and said City limits line to
a point on the South line of said Southeast ; thence West along said South line
to a point on the Easterly right-of-way line of Interstate Route No. 435;
thence Northerly along said right-of-way line to its intersection with the City
limits line established by Ordinance No. 65021; thence North 89 54 53 East a
distance of 1293.99 feet to the True Point of Beginning.
Tracts 124 and 125:
Beginning at a point 180 feet West of the East line of the Southwest of Section
17, Township 52, Range 34 on the North line of said Southwest , said point also
being on the City limits line established by Ordinance No. 65021; thence South
89 51 30 West along said North line and along said City limits line a distance
of 2474.10 feet to the Northwest corner of said Southwest, said point also
being on said City limits line; thence South along the West line of said
Southwest to a point on a line that is 180 feet North of the South line of said
Southwest , said point also being on the City limits line established by Ordinance
No. 22266; thence East along said line and said City limits line established by
Ordinance No. 22266 to a point on a line that is 180 feet West of and parallel
to the East line of said Southwest , said point also being on said City limits
line established by Ordinance No. 22266; thence North along said line and said
City limits line established by Ordinance No. 22266 to the Point of Beginning.
Tract 133:
Beginning at a point 180 feet West of the Southeast corner of the Northwest of
Section 8, Township 52, Range 34 on the South line of said Northwest , said
point also being on the City limits line established by Ordinance No. 65021;
thence South 89 41 34 West along said South line and along said City limits
line a distance of 1637.02 feet to a point also on said City limits line;
thence North along said City limits line to the Southerly right-of-way line of
NW 136th Street; thence Easterly along said right-of-way line to a
point on a line 180 feet West of the East line of said Northwest , said point
also being on the City limits line established by Ordinance No. 22266; thence
South along said East line and said City limits line established by Ordinance
No. 22266 to the Point of Beginning.
(2) Benefit District B, an area
referred to as N. Oak Corridor, and bounded on the north by the City limits, on
the west by U.S. 169, on the south by the northern Gladstone city limits and
its westward extension to U.S.169 and an eastern boundary defined by N. Eastern
Avenue from the northern City limits to M-291, M-291 from N. Eastern Avenue to
I-435, I-435 from M-291 to Barry Road, Barry Road from I-435 to M-1, and M-1
from Barry Road to the Gladstone city limits;
(3) Benefit District C, an area
referred to as Shoal Creek Valley, bounded on the west by N. Eastern Avenue
from the northern City limits to M-291, M-291 from N. Eastern Avenue to I-435,
I-435 from M-291 to Barry Road, Barry Road from I-435 to M-1, M-1 from Barry
Road to the Gladstone city limits and Gladstone north and east city limits, on
the south by Pleasant Valley Road, and on the north and east by the City limits
and also shall include that certain 164.56 acre tract of land annexed
with the passage of Committee Substitute for Ordinance No. 001567 on September 5, 2002, which is legally described as follows:
All that part of
the Southwest Quarter of Section 14 and all that part of the Northwest Quarter
of Section 23, all in Township 52, Range 32, Clay County, Missouri, being
described as follows: Commencing at the Northeast corner of the Northwest
Quarter of said Section 23; thence North 89o3630 West, along the
North line of said Northwest Quarter, 82.50 feet to the True Point of Beginning
of the tract to be herein described; thence South 0o1850 West,
247.50 feet; thence South 89o3630 East, 82.50 feet to a point on the
East line of said Northwest Quarter; thence South 0o1850 West, along
said East line, 2196.75 feet; thence North 89o4204 West, 2462.28
feet; thence North 0o1313 East, parallel with and 180.00 feet East
of the West line of the Northwest Quarter of said Section 23, 2448.24 feet to a
point on the South line of the Southwest Quarter of said Section 14; thence
North 0o1820 East, parallel with and 180.00 feet East of the West
line of the Southwest Quarter of said Section 14, 180.00 feet; thence North 89o3630
West, 180.00 feet to a point on the West line of said Southwest Quarter; thence
North 0o1820 East, along said West line, 410.00 feet; thence South
89o3630 East, 1322.17 feet; thence South 84o1740 East,
128.05 feet; thence South 57o5605 East, 203.83 feet; thence South 40o2512
East, 103.73 feet; thence South 73o0933 East, 600.29 feet; thence
South 68o2753 East, 86.77 feet; thence South 58o3453
East, 87.28 feet; thence South 48o3958 East, 87.28 feet; thence
South 46o0035 East, 105.33 feet; thence South 0o0700
West, 16.50 feet to the True Point of Beginning. Containing 164.56 acres, more
or less;
(4) Benefit District D, an area
referred to as Birmingham, bounded on the north by Pleasant Valley Road and the
City limits, on the east by the City limits, on the south by the Missouri
River, and on the west by N. Brighton, the Gladstone south city limits
extension to N. Brighton, and the Gladstone east city limits;
(5) Benefit District E, an area
referred to as Line Creek Valley, bounded on the north by M-152, on the east by
U.S. 169, and southern and western boundary defined by Briarcliff Parkway from
U.S. 169 to M-9, M-9 from Briarcliff Parkway to the City limits, and the City
limits to the west and south.
(e) There are hereby established three arterial street
impact fee benefit districts in the South Service Area, as identified in
Exhibits A-6, A-7 and A-8, which are attached hereto and incorporated herein by
reference, and a separate trust account for each benefit district, for the
purpose of ensuring that the impact fees collected in each district are spent
on improvements that reasonably benefit the fee-paying development. The
benefit districts are described as follows:
(1) Benefit
District F: Beginning at the intersection of the centerline of 51st Street and
the easterly right of way line of the Saint Louis and San Francisco Railroad
line, (also being the westerly right of way line of the Missouri Pacific
Railroad line), thence northerly along said easterly line to a point
approximately 1190 feet north of the centerline of 12th Street, also being the
point of intersection of the westerly prolongation of the Kansas City
Independence city limits line; thence easterly along said westerly
prolongation to a point on said city limit line, said point being approximately 1140.0 feet north of the
centerline of 12th Street and approximately 2650.0 feet east of the west line
of Section 6,Township 49, Range 32 West; thence southerly along the city limits
line of Independence, Blue Summit and Raytown to the intersection of the north
line of the south half of the Northwest Quarter of Section 19, Township 48,
Range 32 West; thence westerly along the north line of the south half of the
Northwest Quarter of Section 19, the north line of the south half of the
Northeast Quarter and the Northwest Quarter of Sections 24 and 23, Township 48,
Range 33 West and the south line of the north half of the Northeast Quarter of
Section 22, Township 48, Range 33 West to the northwest corner of the Southeast
Quarter of the Northeast Quarter of said Section 22; thence south along the
west line of the Southeast Quarter of the Northeast Quarter and the west line
of the Northeast Quarter of the Southeast Quarter of said Section 22 to the
intersection of the centerline of the southbound lanes of U.S. Highway 71
(Hickman Mills Drive); thence northwesterly along the centerline of the
southbound lanes of U.S .Highway 71 (Hickman Mills Drive) to the intersection
of the easterly prolongation of
the centerline of 85th Street; thence southwesterly along said prolongation and
the centerline of 85th Street to the intersection of the westerly right of way
line of the Missouri Pacific Railroad right of way; thence northerly along the
westerly Missouri Pacific Railroad right of way line to the intersection of the
centerline of 51st Street; the point of beginning.
(2) Benefit
District G: All that part of Kansas City, located in Jackson County and Cass
County, Missouri, lying southerly of the following described line, to-wit:
Beginning at the
intersection of the centerline of 85th Street and State Line Road; thence
easterly along the centerline of 85th Street to the intersection of the
centerline of the southbound lanes of U.S Highway 71 (Hickman Mills Drive);
thence southeasterly along the centerline of the southbound lanes of U.S.
Highway 71 (Hickman Mills Drive) to the intersection of the east line of the
Northwest Quarter of the Southeast Quarter of Section 22, Township 48 North,
Range 33 West; thence northerly along the east line of the Northwest Quarter of
the Southeast Quarter of said Section 22 and the east line of the Southwest
Quarter of the Northeast Quarter of said Section 22 to the northeast corner of
the Southwest Quarter of the Northeast Quarter of said Section 22; thence
easterly along the north line of the Southeast Quarter of the Northeast Quarter
of said Section 22, the north line of the south half of the Northwest
Quarter and the Northeast Quarter of Sections 23 and 24 of Township 48 North,
Range 33 West, and the north line of the south half of the Northwest Quarter of
Section 19, Township 48 North, Range 32 West, to the intersection with the
Raytown city limit line; thence southerly and easterly along the Raytown city
limits line to the intersection of the east line of the Northwest Quarter of
the Southeast Quarter of Section 21, Township 48 North, Range 32 West; thence
southerly along the east line of said Northwest Quarter of the Southeast
Quarter of said Section 21 to the southeast corner thereof; thence easterly
along the south line of Northeast Quarter of the Southeast Quarter of said
Section 21 to the southeast corner thereof; thence southerly along the east
line of said Section 21 to the southeast corner thereof; thence easterly along
the south line of Section 22, Township 48 North, Range 32 West, to the
southeast corner of the Southwest Quarter of said Section 22; thence southerly
along the east line of the Northwest Quarter and the Southwest Quarter of Section
27, Township 48 North, Range 32 West, to the intersection of the centerline
Bannister Road; thence easterly along the centerline of Bannister Road to the
Unity Village city limit line.
(3) Benefit District H: All that part of Kansas City, located in
Jackson County, Missouri, lying within the following described boundary, to
wit: Beginning at the intersection of the centerline of 39th Street and State
Line Road; thence easterly along the centerline of 39th Street to the
intersection of the centerline of The Paseo; thence southerly along the
centerline of The Paseo to the intersection of the centerline of Emanuel
Cleaver II Boulevard (formerly known as Brush Creek Boulevard); thence easterly
along the centerline of Emanuel Cleaver II Boulevard to the intersection of
45th Street; thence easterly
along the centerline of 45th Street to the centerline of Coal Mine Road; thence
southeasterly along the centerline of Coal Mine Road to the intersection of the
easterly line of the Saint Louis and San Francisco Railroad line; (also being
the westerly line of the Missouri Pacific Railroad line); thence southerly
along said railroad right-of way line to the intersection of 51st Street;
thence westerly along the centerline of 51st Street to the intersection of the
centerline of State Line Road; thence northerly along the centerline of State
Line Road to the point of beginning.
(f) Every impact fee collected shall be deposited or
credited to the trust account for the benefit district in which the fee was
collected, except that annually, up to three (3) percent of the fees collected
for that year shall be transferred to the City's general fund for the purpose
of paying the costs of administration of the arterial street impact fee
program. The cost of consultant fees to update the arterial street impact fees
shall be funded by a uniform percentage of the fees collected in each benefit
district during the last year.
(g) Impact fees collected and deposited and all interest
accrued on such funds shall be used solely for the purpose of arterial street
improvements within the benefit district, payment of the costs of
administration of the arterial street impact fee, and the payment of consultant
fees to update the arterial street impact fees. No impact fees shall be spent on arterial street
improvements in any area that is not included
within any of the eight benefit districts as
defined in this section 39-6. Any arterial street used as a boundary between
two benefit districts shall be considered as included within both benefit
districts, and may be improved with fees collected in either benefit district.
Eligible improvements include construction of new arterial streets, widening
existing arterial streets to add additional lanes, and signalization,
intersection improvements and other improvements that demonstrably expand the
capacity of the City's arterial system to accommodate the transportation
demands of new development. The fees shall not be used for right-of-way
acquisition, for improvements to roadways other than City-maintained arterial
streets, or for maintenance or repair of existing arterial streets.
(h) Any proceeds on deposit in the arterial street impact
fee trust accounts not immediately necessary for expenditure shall be invested
in interest-bearing accounts. All income derived from these investments shall
be retained in the trust accounts.
(i) Each year, at the time the annual city budget is
being prepared, advisory committees whose members are appointed by the Mayor
for each benefit district shall propose appropriations to be spent from the
trust accounts. The benefit district advisory committees shall consist of nine
members, to include one member from the appropriate city council district; one
member from the public improvements advisory committee; one member from the
city's public works department; one member from the city development
department; one member from the parks and recreation department; one member
from the appropriate economic development commission, either Platte or Clay;
one member from the Northland Chamber of Commerce or the South Kansas City
Chamber of Commerce, as appropriate; one residential developer representative;
and one commercial developer representative. A representative of the state
department of transportation is recommended to serve as a nonvoting member, if
any highway segments are included in the benefit district's arterial system
eligible for impact fees. After review of the benefit district advisory
committees' recommendations, the city council shall approve, modify or deny the
recommended expenditures of the trust account moneys. Any amounts not
appropriated from the trust accounts, together with any interest earnings,
shall be carried over in the trust accounts to the following fiscal year.
(j) Each year, at the time of the annual budget adoption
for the City, the City Council shall review the amount of general funds being
dedicated for road construction along with the funds available and paid
pursuant to this chapter in order to provide for the orderly growth of the
City.
Sec.
39-7. Refunds.
(a) Any fees collected shall be returned to the fee payer
or his successor in interest if the fees have not been spent within seven years
from the date the building permit for the residential or nonresidential
development was issued, along with interest at the average annual rate earned
by funds in the impact fee trust accounts. Fees shall be deemed to be spent on
the basis that the first fee collected shall be the first fee spent. The
refund of the fees shall be undertaken through the following process:
(1) The feepayer or successor in
interest, if the successor is entitled to receive the refund, must petition the
city for the refund within one year following the
seven-year period from the date on which the impact fee was paid. Within one
month of the end of the seven-year period from the date on which the unspent
impact fee was paid, the Impact Fee Administrator shall notify the fee payer
of eligibility for a refund at the address provided by the fee payer at the
time of fee payment or at a new address subsequently provided by the fee
payer. It shall be the responsibility of the fee payer to keep the address
current.
(2) The petition must contain the
following information:
a. A notarized sworn statement that
the petitioner paid the impact fees or is otherwise entitled to receive
the refund of the impact fees paid; and
b. Proof of payment of the impact fee.
c. If the original feepayer is
not requesting the refund, proof of the successors interest which entitles the
successor to the refund must be submitted with the application for refund.
(3) Within one month from the date of
receipt of a petition for refund, the Impact Fee Administrator shall review the
petition and determine if it is complete. If the Impact Fee Administrator
determines the petition is not complete, a written statement specifying the
deficiencies shall be sent to the petitioner by certified mail. Unless the
deficiencies are corrected, the Impact Fee Administrator shall take no further
action on the petition. When the Impact Fee Administrator determines that the
petition is complete, the petition shall be reviewed within one month. The
Impact Fee Administrator shall approve the refund petition if it is determined
that the feepayer or his successor in interest has paid a fee which the City
has not spent within the period of time permitted under this section. The
refund shall include the fee paid, plus interest.
(b) A refund of
fees paid shall be made upon written request of the fee payer within one year,
when the work for which the fee was paid has not been commenced; provided any
building permits and any related plans review applications have been canceled.
An administrative fee of ten (10) percent of the fee paid, not to exceed a
maximum of $1,000.00, shall be retained by the City. Where fees have been paid
or collected in error by the city staff or the request for refund is made
within 30 days, the fee payer shall be refunded the entire fee paid.
Any petitioner may appeal the decision on the refund to the
Board of Zoning Adjustment of Kansas City, Missouri, pursuant to Section 39-9.
The applicant must file a notice of appeal with the Impact Fee Administrator
within ten working days following the decision.
Sec.
39-8. Construction credits.
(a) Any person subject to an impact fee pursuant to this
Chapter 39 may apply for a credit against any arterial street impact fee for
any contribution, payment, bond submitted securing completion of
improvements, or construction accepted and received
by the City for any arterial street, including parkways and boulevards as
defined herein, identified in the City's adopted Major Street Plan. Credit
provided for in this section shall be in addition to those recurring revenue
credits factored into the impact fee schedule. Credit shall only be provided
for arterials that are or will be the responsibility of the City. No credit
shall be provided for the following:
(1) Improvements to state roads or
federal highways, with the exception of at-grade intersections of
City-maintained arterials with state roads or federal highways (if the
intersection improvement was a necessary part of the arterial street improvement), and with the exception of
state highways and roads which are included within the definition of arterial
street or arterial systems in section 39-2(d).
(2) Dedication of rights-of-way, since
land costs were not included in calculating the arterial street impact fee.
(3) Improvements to City streets other
than arterial streets, with the exception that improvements to the
intersections of City arterials and City non-arterials shall be eligible if
they expand the capacity of the arterial.
(4) Any improvement that is primarily
related to serving an individual development project, such as
acceleration-deceleration lanes, turn lanes or traffic signals that primarily
serve traffic entering or exiting the development project.
(5) Improvements for which
reimbursement or direct funding are being provided for under an approved tax
increment financing plan. Notwithstanding the foregoing, any person may apply
for a credit and a credit may be provided for arterial street improvements
identified in the Citys adopted Major Street Plan if at the time of
application for a credit under this Section 39-8, an election to waive payment
or reimbursement under the tax increment financing plan is filed with the Tax
Increment Financing Commission of Kansas City, Missouri, with a copy provided
to the City.
(6) Improvements to arterial streets
not located in one of the eight benefit districts established in this Chapter
39.
(b) Credits shall be calculated as follows:
(1)
No credit shall be provided under this
section for contributions, payments or construction made more than twenty-five
(25) years prior to the effective date of this Chapter 39, unless it can be shown by
the applicant for such credit that the City has not undertaken any significant
amount of reconstruction, resurfacing, installation or replacement of curb and
gutter, or other renovation required to extend the life of the facility beyond
normal and routine maintenance.
(2) Credits for
contributions, payments or construction received and accepted by the City prior
to May 1, 2002 shall be provided if the development for which the contribution,
payment or construction was made has not been completed and/or the
contributions, payments or construction received were listed as improvements in
Table 14 of the Duncan Associates, Arterial Street Impact Fee Study dated
October 2000 for which the impact fee schedules were established. The term
completed shall mean that all structures which require a certificate of
occupancy within the currently approved development plan on file with the City
at the time of building permit issuance have received a temporary or permanent
certificate of occupancy, or have been occupied, if occupation occurs first. For developments that include structures for which a
certificate of occupancy is not required, the term completed with regard to
those structures shall mean that the work has reached a state of construction
sufficient to qualify the work for consideration by the director of city
development as being substantially complete. The current owner of the property for which such
contribution, payment or construction was made as a condition of development
approval shall file an application for credit by May 1, 2003; however, any
person who applied for credit on or before May 1, 2003 and was denied may
request that his application be reconsidered until August 1, 2006 and his
application will be reconsidered consistent with the above definition of
completed. If the application is not made by May 1, 2003, no credit shall be provided. The application for credit shall be submitted and
reviewed as provided in this section. The amount of the credit for a
contribution, payment or construction made prior to May 1, 2002 shall be the
current value of the contribution, payment or construction, less the total
amount of arterial street impact fees that would have been owed for the
building permits already issued for the project had those permits been subject
to the maximum fees specified in Sec. 39-4(b). The value of any construction
shall not include costs for improvements that are in excess of City standards,
unless the City specifically required the higher standard construction. The
current value shall be determined using the Engineering News-Record
Construction Cost Index or an equivalent index if such index is discontinued.
(3) Any contribution, payment or
construction received and accepted by the City on or after the effective date
of this Chapter 39 shall be credited in an amount equal to 100 percent of the
contribution or payment or the estimated cost of the construction for required
arterial street improvement that expands the capacity of the City's arterial
system. The estimated cost shall be based on the lowest responsive bid by a
qualified bidder, which bid is approved by the Impact Fee Administrator; or, if
no bid is available, the estimated cost certified by a licensed engineer and
approved by the Impact Fee Administrator. In the event that the impact fee
schedule is revised to account for cost inflation prior to the use of the
credits, the credits shall be adjusted to current value to the time of the fee
schedule update based on the Engineering News Record Construction Cost Index,
or an equivalent index if such index is discontinued.
(4) An impact fee credit may be applied against arterial street impact fees
that would otherwise be due for building permits issued anywhere within the benefit district of the development for which the arterial improvement or
contribution was required as a condition of development approval. The City
shall maintain an accounting of the amount of the credit held by an
impact fee credit holder and shall reduce the amount
of the credit as authorized by the impact fee credit holder. After the credit balance is exhausted, no additional
credits shall be applied to subsequent building permits.
(5) Impact fee credits held by an impact fee
credit holder may be transferred or sold to be used
for another development within the same benefit district. No such credits may
be transferred or sold by the impact fee credit holder until the Impact Fee Administrator has certified the
amount of the credits held by the impact fee credit holder. Anyone attempting to use impact fee credits shall be responsible for proving ownership of the
credits to the satisfaction of the Impact Fee Administrator. In the event that
the impact fee schedule is revised to account for cost inflation prior to the
use of the credits, the credits shall be adjusted to current value to the time
of the fee schedule update based on the Engineering News-Record Construction
Cost Index, or an equivalent index if such index is discontinued.
(c) The determination of any allowable credit shall be
undertaken through the submittal of an application for credit agreement, which
shall be submitted to the Impact Fee Administrator. The application for credit
agreement shall include the following information:
(1) If the proposed application for credit agreement
involves construction:
a. The proposed plan of the specific
construction prepared and certified by a duly qualified and licensed engineer
or contractor; and
b. The lowest responsive bid by a
qualified bidder, or, if no bid is available, projected costs for the suggested
capital improvement, which shall be based on local information for similar
improvements, along with the construction timetable for the completion
thereof. Such estimated costs shall include the cost of construction or
reconstruction; the cost of plans and specifications; the costs of professional
services; and all other expenses necessary or incident to such construction or
reconstruction.
(2) If the proposed application for
credit agreement involves a credit for any contribution or payment:
a. A copy of the document in which the contribution
or payment was agreed;
b. If payment has been made, proof of
payment; or
c. If payment has not been made, the
proposed method of payment.
(d) Upon receipt of the
proposed application for credit agreement, the Impact Fee Administrator shall
determine if the application is complete. If it is determined that the
application is not complete, the Impact Fee Administrator shall send a written
statement by certified mail, return receipt requested, to the applicant at the
address for the applicant set forth in the application, outlining the
deficiencies. The Impact Fee Administrator shall not take further action on the
proposed application until all deficiencies have been corrected or otherwise
settled. Failure of the applicant to receive the written statement shall not
constitute a failure by the City to send said written statement or a failure of
notice.
(e) Once the Impact Fee Administrator determines that the
proposed application is complete, the Impact Fee Administrator shall review it
within one month. The Impact Fee Administrator shall determine the amount of
credit due based on the information submitted, or, if it determines that such
information is inaccurate or unreliable, then on alternative engineering or
construction costs acceptable to the City. The value of the credits may be
determined using maximum unit costs based on current low bid results received
on other projects through the Citys public bidding process.
(f) If the application is approved by the Impact Fee
Administrator, a credit agreement that specifically outlines the contribution,
payment or construction, the time by which it was or shall be completed or paid
and any extensions of time therefore and the dollar credit that the applicant
shall receive for the contribution, payment or construction shall be prepared.
The credit agreement shall not become effective until the City accepts the
facilities or receives the contribution or payment or receives a bond
securing completion of the improvements to the arterial street. Any credit may be transferred or sold within the
same benefit district pursuant to Sec. 39-8(b)(5).
(g) After determination of the amount of the credit, an applicant
may appeal such determination to the Board of Zoning Adjustment of Kansas City,
Missouri, pursuant to Section 39-9. The applicant must file a notice of appeal
with the Impact Fee Administrator within ten working days following the
determination of the credit.
Sec.
39-9. Appeals.
(a) Appeals authorized under this Chapter 39 shall be heard
by the Board of Zoning Adjustment of Kansas City, Missouri.
(b) The Board shall schedule
a hearing on the appeal after the appeal is filed by the applicant with the Impact Fee Administrator.
Written notice of the time and date of the hearing shall be provided to the
applicant at least two weeks prior to the hearing. Three (3) out of five
(5) votes of the Board are required to overturn the decision of the Impact Fee
Administrator.
(c) In making a decision on the appeal, the Board may make
written findings of fact and conclusions of law and use the standards of this
Chapter 39 that applied to the original administrative decision being appealed.
(d) A person can file an appeal of
the Boards decision with the circuit court. An appeal filed under this section
would be a Chapter 536, RSMo appeal pursuant to the Administrative Procedures
Act.
Sec.
39-10. Periodic review.
(a) At least once every three years after the effective
date of this Chapter 39, the Impact Fee Administrator shall recommend to the
City Council whether any changes should be made to the arterial street impact
fee schedule to reflect changes in the factors that affect the fee schedule.
The purposes of this review are to analyze the effects of inflation on the
actual costs of facilities and to ensure that the fees charged new residential
and nonresidential development do not exceed the pro rata share of the
reasonably anticipated costs of facilities necessitated by new development.
(b) Before any ordinance is adopted amending the
schedule, the Mayor shall appoint an impact fee steering committee. The
steering committee shall be composed of three representatives of the real estate,
development, or building industries who are not employees or officials
of a political subdivision or governmental entity, a representative from
the Public Improvements Advisory Commission, a representative from each of the
public works, city development, codes administration and parks and
recreation departments, and a representative from the city managers office. An
alternate member may be appointed to serve in the place of each of the members
by the Mayor.
The steering committee shall
review and make a recommendation on any proposed amendment to the fee schedule,
and will make a recommendation on any other changes
to this chapter which are submitted to the committee for review. A quorum of
the committee shall be five members.
_____________________________________________
Approved
as to form:
___________________________________
M.
Margaret Sheahan Moran
Assistant City Attorney