HomeMy WebLinkAbout1992-1972 - Ordinance - 08/27/1992ORDINANCE NO. 1972
AN ORDINANCE CREATING CHAPTER 1§ OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, ENTITLED "IMPACT FEES"~ PROVIDING
THIS ORDINANCE BE CUMULATIVE~ PROVIDING FOR SEVERABILITY~ PROVID-
ING FOR GOVERNMENTAL IMMUNITY~ AND PROVIDING FOR INJUNCTIONS.
WHEREAS, in 1987 the Texas Legislature adopted Senate Eill 336,
now Local Government Code Chapter 395; and
WHEREAS,
the City Council has determined that it be appropriate
policy to utilize Schedule 2 to encourage infill devel-
opment. The policy is consistent with the Comprehen-
sive Plan Land Use Objective, page 2, which states that
the City should "encourage the use of vacant land in
areas where city infrastructure and services are in
place and readily attainable" and "guide locations of
desired development through zoning and capital improve-
ments; and with the Comprehensive Plan Utilities
Objective, page 14, which states that the City of
College Station "provide for adequate sewerage"; and
WHEREAS,
the City Council determines that it is appropriate to
utilize Schedule 2 to carry out a policy to encourage
economic development which is consistent with the Com-
prehensive Plan Economic Development Objective, page
10, which states that the City should "encourage indus-
trial, commercial and residential development compati-
ble with the environment to serve the needs of the
citizenry";
WHEREAS,
the City Council finds that in all things the City has
complied with said statute in the notice, adoption,
promulgation and methodology necessary to adopt Impact
Fees; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
Ordinance No. 1972 Page 2
That the Code of Ordinances of the City of College Station is
hereby amended by creating a new Chapter 15 pertaining to "Impact
Fees", to read as follows:
"CHAPTER 15
IMPACT FEES
SECTION I:
GENERAL PROVISIONS
Ae
Short Title
This Chapter shall be known and cited as the College Station
Impact Fees Chapter.
Purpose
This Chapter is intended to assure the provision of adequate
public facilities to serve new development in the city by
requiring each development to pay its pro rata share of the
costs of such improvements necessitated by and attributable
to such new development.
Authority
This Chapter is adopted pursuant to Texas Local Government
Code Chapter 395, (S.B. 336) and pursuant to the College
Station City Charter. The provisions of this Chapter shall
not be construed to limit the power of the City to utilize
other methods authorized under State law or pursuant to
other City powers to accomplish the purposes set forth
herein, either in substitution or in conjunction with this
Chapter. Guidelines may be developed by resolution or
otherwise to implement and administer this chapter.
Dm
Definitions
(1) Advisory Committee means the City's Planning and Zoning
Commission, as duly appointed by Resolution 6-11-92-
1.10.
(2)
Area-related facility means a capital improvement or
facility expansion which is designated in the Impact
Fee Capital Improvements Plan and which is not a site-
Ordinance No. 1972 Page 3
related facility. Area-related facility may inolude a
capital improvement which is located off-site, within,
or on the perimeter of the development site.
(3) Assessment means the determination of the amount of the
maximum impact fee per service unit which can be im-
posed on new development pursuant to this Chapter.
(4) Capital improvement means either a roadway facility, a
water facility, a sanitary sewer facility or a drainage
facility, with a life expectancy of three (3) or more
years, to be owned and operated by or on behalf of the
city.
(5) city means the city of College Station, Texas.
(6) Credit means the amount of the reduction of an impact
fee for fees, payments or charges for the same type of
capital improvements for which the fee has been as-
sessed.
(7)
(8)
(9)
(10)
Facilities expansion means either a roadway expansion,
a water facility expansion or a sanitary sewer facility
expansion.
Final plat approval or approval of a final plat means
the point at which the applicant has complied with all
conditions of approval, and the plat has been released
for filing with Brazos County.
Impact fee means either a fee for roadway facilities, a
fee for water facilities, or a fee for sanitary sewer
facilities imposed on new development by the City pur-
suant to this Chapter in order to fund or recoup the
costs of capital improvements or facilities expansions
necessitated by and attributable to such new develop-
ment. Impact fees do not include the dedication of
rights-of-way or easements for such facilities, or the
construction of such improvements. Impact fees also do
not include pro rata charges or acreage charges for
sanitary sewer improvements or front footage charges
for sanitary sewer and water lines imposed pursuant to
Section 3 of the Utility Chapter~ or funds deposited in
escrow for the construction of roadway improvements im-
posed pursuant to the Subdivision Chapter.
Impact fee capital improvements plan means either a
roadway improvements plan, a water improvements plan or
a sanitary sewer improvements plan adopted or revised
pursuant to this Chapter. Impact fee capital improve-
Ordinance No. 1972 Page 4
(11)
(12)
(13)
ments plan may refer to either the plan for a particu-
lar service area or to the aggregation of capital im-
provements or facilities expansions and the associated
costs programmed for all service areas for a particular
category of capital improvements or facilities expan-
sions.
Land use assumptions means the projections of popula-
tion and employment growth and associated changes in
land uses, densities and intensities adopted by the
City, as may be amended from time to time, upon which
the impact fee capital improvements plans are based.
New development means a project involving the construc-
tion, reconstruction, redevelopment, conversion, struc-
tural alteration, relocation, or enlargement of any
structure, or any use or extension of land, which has
the effect of increasing the requirements for capital
improvements or facility expansions, measured by the
number of service units to be generated by such activ-
ity, and which requires either the approval and filing
with Brazos County of a plat pursuant to the city's
subdivision regulations, the issuance of a building
permit, or connection to the city's water or sanitary
sewer system.
Offset means the amount of the reduction of an impact
fee designed to fairly reflect the value of area-
related facilities or other roadway facilities pursuant
to rules herein established or administrative guide-
lines, provided by a developer pursuant to the City's
subdivision regulations or requirements.
(14) Recoupment means the imposition of an impact fee to
reimburse the City for capital improvements which the
City has previously oversized to serve new development.
(15) Roadway means any thoroughfare, major or minor arteri-
als or collectors designated in the city's adopted
Thoroughfare Plan, as may be amended from time to time.
Roadway does not include any roadway designated as a
numbered highway on the official federal or Texas high-
way system.
(16) Roadway expansion means the expansion of the capacity
or redesign of an existing roadway in the city, but
does not include the repair, maintenance, moderniza-
tion, or expansion of an existing roadway to better
serve existing development.
Ordinance No. 1972 Page 5
(17)
(18)
(19)
(20)
(21)
Roadway facility means an improvement or appurtenance
to a roadway which includes, but is not limited to,
design, rights-of-way, whether conveyed by deed or
easement; intersection improvements; traffic control
devices; turn lanes; drainage facilities associated
with the roadway; street lighting or curbs. Roadway
facility also includes any improvement or appurtenance
to an intersection with a roadway officially enumerated
in the federal or Texas highway system. Roadway facil-
ity excludes those improvements or appurtenances to a
roadway which are site-related facilities.
Roadway improvements plan means the adopted plan, as
may be amended from time to time, which identifies the
roadway facilities or roadway expansions and their
costs for each roadway benefit area, which are necessi-
tated by and which are attributable to new development,
for a period not to exceed ten (10) years, which are to
be financed in whole or in part through the imposition
of roadway facilities fees pursuant to this Chapter.
Service area means either a roadway benefit area, a
water benefit area, or sanitary sewer benefit area
within the city, within which impact fees for capital
improvements or facilities expansions will be collected
for new development occurring within such area and
within which fees so collected will be expended for
those types of improvements or expansions identified in
the type of capital improvements plan applicable to the
service area.
Service unit means the applicable standard units of
measure shown on the conversion table in the Impact
Fees Capital Improvements Plan which can be converted
to living unit equivalents (L.U.E.) as set out in Table
IV of the Capital Improvements Plan, as the context
indicates, which serves as the standardized measure of
consumption, use or generation attributable to the new
unit of development.
Sanitary sewer facility means an improvement for pro-
viding sanitary sewer service, including, but not
limited to, land or easements, treatment facilities,
lift stations, or interceptor mains. Sanitary sewer
facility excludes sanitary sewer lines or mains which
are constructed by developers, the costs of which are
reimbursed from pro rata charges paid by subsequent
users of the facilities. Sanitary sewer facilities
exclude site-related facilities.
ordinance No. 1972 Page 6
(22)
(23)
(24)
(25)
(26)
(27)
(28)
Sanitary sewer facility expansion means the expansion
of the capacity of any existing sanitary sewer improve-
ment for the purpose of serving new development, but
does not include the repair, maintenance, moderniza-
tion, or expansion of an existing sanitary sewer
facility to serve existing development.
Sanitary sewer improvements plan means the adopted
plan, as may be amended from time to time, which iden-
tifies the sanitary sewer facilities or sanitary sewer
expansions and their associated costs which are neces-
sitated by and which are attributable to new develop-
ment for a period not to exceed ten (10) years, and
which are to be financed in whole or in part through
the imposition of sanitary sewer facilities fees pur-
suant to this Chapter.
Single-family residential lot means a lot platted to
accommodate a single-family dwelling unit, as autho-
rized under the city's zoning regulations.
Site-related facility means an improvement or facility
which is for the primary use or benefit of a new devel-
opment and/or which is for the primary purpose of safe
and adequate provision of roadway, water or sanitary
sewer facilities to serve the new development, and
which is not included in the impact fees capital
improvements plan and for which the developer or prop-
erty owner is solely responsible under subdivision and
other applicable regulations.
Water facility means an improvement for providing water
service, including, but not limited to, land or ease-
ments, water treatment facilities, water supply facili-
ties water transmission or distribution lines. Water
facility excludes water lines or mains which are reim-
bursed from pro rata charges paid by subsequent users
of the facilities. Water facility excludes site-
related facilities.
Water facility expansion means the expansion of the
capacity of any existing water facility for the purpose
of serving new development, but does not include the
repair, maintenance, modernization, or expansion of an
existing water facility to serve existing development.
Water improvement plan means the adopted plan, as may
be amended from time to time, which identifies the
water facilities or water expansions and their associ-
ated costs which are necessitated by and which are
Ordinance No. 1972 Page 7
He
attributable to new development, for a period not to
exceed ten (10) years, and which are to be financed in
whole or in part through the imposition of water facil-
ities fees pursuant to this Chapter.
Applicability
The provisions of this Chapter apply to all new development,
as defined herein, within the corporate boundaries of the
city. The provisions of this Chapter apply uniformly within
each service area.
Impact Fee as Condition of Development Approval
No application for new development shall be approved within
the City without assessment of an impact fee pursuant to
this Chapter, and no permit shall be issued unless the
applicant has paid the impact fee imposed by and calculated
hereinunder.
Land
(2)
(3)
Use Assumptions
The resolution adopting land use assumptions for the
City is attached hereto as Exhibit "D" and is incorpo-
rated herein by reference.
The land use assumptions for the City shall be updated
at least every three (3) years, utilizing the amendment
procedure set forth in Subsection Q.
Amendments to the land use assumptions shall incorpo-
rate projections of changes in land uses, densities,
intensities and population therein over at least a ten
(10) year period.
Impact Fees Per Service Unit
The maximum impact fee per service unit for each ser-
vice area shall be computed by dividing the total costs
of capital improvements necessitated by and
attributable to new development in the service area
identified in the impact fee capital improvements plan
for that category of capital improvements by the total
number of service units anticipated within the service
area, based upon the land use assumptions for that ser-
vice area. Maximum impact fees per service unit for
each service area shall be established by category of
capital improvements and shall be as set forth in
Schedule 1, attached hereto and made a part of this
Chapter by reference.
Ordinance No. 1972 Page 8
(2) The impact fee per service unit which is to be paid by
each new development within a service area shall be
that established by Ordinance by the city Council, as
may be amended from time to time, and shall be an
amount less than or equal to the maximum impact fee per
service unit established in paragraph (1) above.
Impact fees which are to be paid shall be as set forth
in Schedule 2, attached hereto and made a part of this
Chapter by reference.
(3) Impact fee schedules 1 and 2 may be amended from time
to time utilizing the amendment procedure set forth in
Subsection Q.
Assessment of Impact Fees
(1)
(2)
The approval of any new development shall include as a
condition the assessment of the impact fee applicable
to such development.
Assessment of the impact fee for any new development
shall be made as follows:
(a)
For a development which is submitted for approval
pursuant to the city's subdivision regulations
following the effective date of this Chapter,
assessment shall be at the time of final plat
approval, and shall be the amount of the maximum
impact fee per service unit then in effect, as set
forth in Schedule 1, as computed by the procedures
set forth in Subsection H(1). The City, in its
sole discretion, may provide the subdivider with a
copy of Schedule i prior to final plat approval,
but such shall not constitute assessment within
the meaning of this Chapter.
(b)
For a development which has received final plat
approval prior to the effective date of this
Chapter and for which no replatting is necessary
prior to issuance for a permit, assessment shall
be on the effective date of this ordinance, and
shall be the amount of the maximum impact fee per
service unit set forth in Schedule 1.
(c)
For land on which new development is approved to
occur without platting after the effective date of
this Chapter, assessment shall be at the time of
issuance of a permit for connection to the water
or sewer system.
Ordinance No. 1972 Page 9
(3)
Following assessment of the impact fee pursuant to
paragraph (2)(b) above, the amount of the impact fee
per service unit for that development cannot be
increased, unless the owner proposes to change the
approved development by the submission of a new
application for final plat approval, in which case new
assessment shall occur at the Schedule i rate then in
effect.
(4)
(5)
Following the lapse or expiration of approval for a
plat, a new assessment must be performed at the time a
new application for such development is filed.
An application for an amending plat made pursuant to
V.T.C.S., Local Government Code, Section 212.016 is not
subject to reassessment for an impact fee.
Computation and Collection of Impact Fees
(3.)
The impact fees due for the new development shall be
collected prior to or at the time of issuance of the
building permit for roadway facilities and prior to or
at the time of the issuance of a permit for connection
to the city's water or sanitary sewer system for water
or sanitary sewer facilities unless an agreement be-
tween the developer and the City has been executed pro-
viding for a different time of payment.
(2)
(3)
The impact fees due for land on which new development
occurs or is proposed to occur without platting, impact
fees shall be collected at the time of issuance of a
permit for connection to the water or sewer system.
Following the filing and acceptance of an application
for a building permit or the request for connection to
the City's water or sanitary sewer system, the City
shall compute the impact fees due for the new develop-
ment in the following manner:
(a)
The amount of each impact fee due shall be deter-
mined by multiplying the number of service units
generated by the new development by the impact fee
due per service unit for the service area using
Schedule 2. The number of service units shall be
determined by using the conversion table contained
in the impact fee capital improvements plan.
(b) The amount of each impact fee due shall be reduced
by an allowable offsets or credits for that cate-
Ordinance No. 1972 Page 10
gory of capital improvements, in the manner pro-
vided in Subsection L.
(¢)
(5)
(6)
(7)
(c)
The total amount of the impact fees due for the
new development shall be calculated and attached
to the development application or request for con-
nection as a condition of approval.
The amount of each impact fee due for a new development
shall not exceed an amount computed by multiplying the
fee assessed per service unit pursuant to Subsection H
by the number of service units generated by the devel-
opment.
If the building permit for which an impact fee has been
paid has expired, and a new application is thereafter
filed, the impact fees due shall be computed using
Schedule 2 then in effect, with credits for previous
payment of fees being applied against the new fees due.
Whenever the property owner proposes to increase the
number of service units for a development, the addi-
tional impact fees collected for such new service units
shall be determined by using Schedule 2 then in effect
and such additional fee shall be collected either prior
to or at the time of issuance of a new building permit,
in the case of impact fees for roadway facilities, or
prior to or at the time of enlargement of the connec-
tion to the City's water or sanitary sewer system, in
the case of impact fees for water or sanitary sewer
facilities.
In its sole discretion, the city may permit the devel-
oper or property owner, upon written application, to
pay impact fees for all or a portion of a single-family
residential lots at the time of final plat recording
for such development, in the amounts provided in
paragraph (2) of this Subsection.
Suspension of Fee Collection
(1)
For any new development which has received final plat
approval prior to August 27, 1992, in accordance with
Texas Local Government Code, Chapter 212, or pursuant
to the City's subdivision regulations, the city may
assess, but shall not collect any impact fee as herein
defined, on any service unit for which a valid building
permit is issued within one (1) year subsequent to the
effective date of this Chapter.
Ordinance No. 1972 Page 11
(2)
(3)
If the building permit, which is obtained within the
period provided for in paragraph (1) above,
subsequently expires, and no new application is made
and approved within such period, the new development
shall be subject to the payment of an impact fee, as
provided in Subsection J.
During such one (1) year period, the City may impose
and collect on such new development pro rata fees
including lot or acreage fees for sanitary sewer
improvements pursuant or front footage charges for
sanitary sewer and water lines which have been previ-
ously installed by the city pursuant to Section 3 of
Chapter 11 of the Code of Ordinances, as amended, and
may accept deposits in escrow for roadway facilities
pursuant to the city's subdivision regulations. After
the expiration of such period, collection of all such
fees, charges or deposits in escrow, unless elsewhere
expressly authorized, shall be suspended and fees shall
be collected for such new developments pursuant to the
provisions of this Chapter.
Offsets and Credits Against Impact Fees
(1)
(2)
The City shall offset the reasonable value of any area-
related facilities or other roadway facilities, pur-
suant to rules established in this section or pursuant
to guidelines and which have been dedicated to and have
been received after initial acceptance by the City on
or after August 27, 1992, including the value of
rights-of-way for roadways, or capital improvements
constructed pursuant to an agreement with the City,
against the amount of the impact fee due for that
category of capital improvement.
The City shall credit pro rata charges, including lot
or acreage fees or charges, which have been paid pur-
suant to Section 3 of Chapter 11 of the Code of Ordi-
nances, as amended, and eligible escrow fees deposited
for roadway facilities prior to the effective date of
this Chapter, and during the one (1) year period
following adoption of this ordinance, during which
impact fees established herein may not be collected for
certain new developments pursuant to Subsection K,
against the amount of an impact fee due for that cate-
gory of capital improvement, subject to guidelines
established for the City.
(3) All offsets and credits against impact fees shall be
subject to the following limitations and shall be
Ordinance No. 1972 Page 12
granted based on this ordinance and additional stan-
dards promulgated by the City, which may be adopted as
administrative guidelines.
(a) No offset or credit shall be given for the dedica-
tion or construction of site-related facilities.
(b)
No offset or credit shall exceed an amount equal
to the eligible value of the offset multiplied by
a fraction, the numerator of which is the impact
fee per service unit due for the new development
as computed using Schedule 2 and the denominator
of which is the maximum impact fee per service
unit for the new development as computed using
Schedule 1.
(c)
The unit costs used to calculate the offsets shall
not exceed those assumed for the capital improve-
ments included in the impact fees capital improve-
ments plan for the category of facility within the
service area for which the impact fee is imposed.
id)
No offsets shall be given for roadway facilities
which are not identified within the applicable
impact fees capital improvements plan, except that
offsets may be given for the value of dedicated
rights-of-way or the value of constructed capital
improvements for roadways designated in the City's
Thoroughfare Plan built to City standards and
initially accepted by the City. Offsets may only
be given for dedications or construction made and
initially accepted after January 1, 1984.
(e)
No credit shall be given for roadway facilities
which are not identified within the applicable
impact fees capital improvements plan, except that
credit may be given for money deposits (other than
impact fees) paid to the City toward the costs of
rights-of-way or the costs of construction capital
improvements for eligible roadways designated in
the City's Thoroughfare Development Plan built to
City standards and initially accepted by the City.
Credit may only be given for rights-of-way
acquired or construction completed and initially
accepted by the city. Credit may only be given
for rights-of-way acquired or construction com-
pleted and initially accepted after January 1,
1984.
Ordinance No. 1972 Page 13
(f)
(g)
Offsets or credits given for new developments
which have received final plat approval prior to
the effective date of this Chapter, or offsets or
credits acquired for new developments during the
one (1) year period specified in Subsection K,
shall be reduced by subtracting an amount equal to
the impact fees which would have been due for the
number of existing service units using Schedule 2
adopted hereby.
If an offset or credit applicable to a plat has
not been exhausted within ten (10) years from the
date of the acquisition of the first building per-
mit issued or connection made after the effective
date of this ordinance or within such period as
may be otherwise designated by contract, such off-
set or credit shall lapse.
(h) In no event will the city reimburse the property
owner or developer for an offset or credit when no
impact fees for the new development can be col-
lected pursuant to this Chapter or for any amount
exceeding the total impact fees due for the devel-
opment for that category of capital improvement,
unless otherwise agreed to by the City.
(4) An applicant for new development must apply for an off-
set or credit against impact fees due for the develop-
ment either at the time of application for final plat
approval or (1) for roadway fees, at the time of
building permit application, and (2) for water and
sewer fees, at the time of connection, unless the City
agrees to a different time. The applicant shall file a
petition for offsets or credits with the city on a form
provided for such purpose. The contents of the peti-
tion shall be established by administrative guidelines.
The City must provide the applicant, in writing, with a
decision on the offset or credit request, including the
reasons for the decision. The decision shall specify
the maximum value of the offset or credit which may be
applied against an impact fee, which amount and the
date of the determination shall be associated with the
plat for the new development.
(5) The available offset or credit associated with the plat
shall be applied against an impact fee in the following
manner~
(a) For single-family residential lots in a new devel-
opment consisting only of single-family residen-
Ordinance No. 1972 Page 14
(b)
tial lots which have received final plat approval,
such offset or credit shall be prorated equally
among such lots and shall remain applicable to
such lots, to be applied at the time of filing and
acceptance of an application for a building permit
or connection, as appropriate against impact fees
due.
For all other types of new development, including
those involving mixed uses, which have received
final plat approval, the offset or credit applica-
ble to the plat shall be applied to the impact fee
due at the time of issuance of the first building
permit or connection to which the offset or credit
is applicable, and thereafter to all subsequently
issued building permits or connections, until the
offset or credit has been exhausted.
(c)
At its sole discretion, the City may authorize
alternative credit or offset agreements upon peti-
tion by the owner in accordance with guidelines
promulgated by the city.
Establishment of Accounts
(1)
(2)
The City's Finance Department shall establish an
account to which interest is allocated for each service
area for each category of capital facility for which an
impact fee is imposed pursuant to this Chapter. Each
impact fee collected within the service area shall be
deposited in such account.
Interest earned on the account into which the impact
fees are deposited shall be considered funds of the
account and shall be used solely for the purposes
authorized in Subsection N.
(3)
The city's Finance Department shall establish adequate
financial and accounting controls to ensure that impact
fees disbursed from the account are utilized solely for
the purposes authorized in Subsection N. Disbursement
of funds shall be authorized by the city at such times
as are reasonably necessary to carry out the purposes
and intent of this Chapter; provided, however, that any
fee paid shall be expended within a reasonable period
of time, but not to exceed ten (10) years from the date
the fee is deposited into the account.
(4) The City's Finance Department shall maintain and keep
financial records for impact fees, which shall show the
Ordinance No. 1972 Page 15
eource and disbursement of all fees collected in or ex-
pended from each service area. The records of the ac-
count into which impact fees are deposited shall be
open for public inspection and copying during ordinary
business hours. The City may eetablish a fee for copy-
ing services.
(5) The Finance Department shall maintain and keep adequate
financial records for said account which shall show the
source and disbursement of all funds placed in or ex-
pended by such account.
Use of Proceeds of Impact Fee Accounts
(1) The impact fees collected for each service area pur-
suant to this Chapter may be used to finance or to
recoup the costs of any capital improvements or facili-
ties expansions identified in the applicable impact fee
capital improvements plan for the service area, includ-
ing the construction contract price, surveying and
engineering fees, land acquisition costs (including
land purchases, court awards and costs, attorney's
fees, and expert witness fees), and the fees actually
paid or contracted to be paid to an independent quali-
fied engineer or financial consultant preparing or
updating the impact fee capital improvements plan who
is not an employee of the political subdivision.
Impact fees may also be used to pay the principal sum
and interest and other finance costs on bonds, notes or
other obligations issued by or on behalf of the City to
finance such capital improvements or facilities expan-
sions.
(2)
Impact fees collected pursuant to this Chapter shall
not be used to pay for any of the following expenses:
(a)
construction, acquisition or expansion of capital
improvements or assets other than those identified
in the applicable impact fee capital improvements
plan;
(b)
repair, operation, or maintenance of existing or
new capital improvements or facilities expansions;
(c)
upgrading, expanding or replacing existing capital
improvements to serve existing development in
order to meet stricter safety, efficiency, envi-
ronmental or regulatory standards;
Ordinance No. 1972 Page 16
O®
(d)
upgrading, expanding or replacing existing capital
improvements to provide better service to existing
development; provided, however, that impact fees
may.be used to pay the costs of upgrading, expand-
ing or replacing existing capital improvements in
order to meet the need for new capital improve-
ments generated by new development;
(e) administrative and operating costs of the City; or
(f) roadway facilities or roadway expansions in the
extraterritorial jurisdiction of the city.
(3)
In the event that a capital improvement or facility
expansion involves more than one (1) service area for a
particular category of capital improvement, funds from
each service area involved may be pooled to finance the
project; provided, however, that in the event the funds
expended from any service area exceed the proportionate
share of the costs of the facilities attributable to
the development in such service area, such account
shall be credited in the amount exceeding such share,
to be repaid from impact fee proceeds collected in
other contributing service areas.
Appeals
(l)
The property owner or applicant for new development may
appeal the following decisions to the City Council:
(1) applicability of an impact fee to the development;
(2) the amount of the impact fee due; (3) the avail-
ability or the amount of an offset or credit; (4) the
application of an offset or credit against any impact
fee due; (5) the amount of a refund due, if any.
(2)
The burden of proof shall be on the appellant to demon-
strate that the amount of the fee or the amount of the
offset or credit was not calculated according to the
applicable schedule of impact fees or the guidelines
established for determining offsets and credits.
(3)
The appellant must file a notice of appeal with the
City Secretary within thirty (30) days following the
decision. If the notice of appeal is accompanied by a
bond or other sufficient surety satisfactory to the
city Attorney in an amount equal to the original deter-
mination of the impact fee due, the development appli-
cation may be processed while the appeal is pending.
Ordinance No. 1972 Page 17
p. Refunds
(1)
Any impact fee or portion thereof collected pursuant to
this Chapter, which has not been expended within the
service area within ten (10) years from the date of
payment, shall be refunded, upon application, to the
record owner of the property at the time the refund is
paid or, if the impact fee was paid by another govern-
mental entity, to such governmental entity, together
with interest calculated from the date of collection to
the date of refund at the statutory rate as set forth
in Article 1.03, Title 79, Revised Statutes (Article
5069-1.03, Vernon's Texas civil Statutes), or any
successor statute.
(2)
An impact fee collected pursuant to this Chapter shall
be considered expended if the total expenditures for
capital improvements or facilities expansions autho-
rized in Subsection N within the service area within
ten (10) years following the date of payment exceeds
the total fees collected for such improvements or
expansions during such period.
(3)
If a refund is due pursuant to paragraphs (1) and (2)
above, the city shall pro-rate the same by dividing the
difference between the amount of expenditures and the
amount of the fees collected by the total number of
service units assumed within the service area for the
period to determine the refund due per service unit.
The refund to the record owner shall be calculated by
multiplying the refund due per service unit by the num-
ber of service units for the development for which the
fee was paid, and interest due shall be calculated upon
that amount.
(4)
Upon completion of all the capital improvements or
facilities expansions identified in the impact fee
capital improvements plan for the service area, the
City shall recalculate the maximum impact fee per
service unit using the actual costs for the improve-
ments or expansions. If the maximum impact fee per
service unit based on actual cost is less than the
impact fee per service unit paid, the City shall refund
the difference, if such difference exceeds the impact
fee paid by more than ten percent (10%). The refund to
the record owner shall be calculated by multiplying
such difference by the number of service units for the
development for which the fee was paid, and interest
due shall be calculated upon that amount.
Ordinance No. 1972 Page 18
(§)
If the building permit for a new development for which
an impact fee has been paid has expired, and a modified
or new application has not been filed within six (6)
months of such expiration, the City shall, upon wTitten
application, refund the amount of the impact fee to the
applicant. The City may establish guidelines for
refunding of impact fees collected for which construc-
tion plans have been abandoned.
Updates to Plan and Revision of Fees
(1) The city shall update its land use assumptions and
impact fees capital improvements plans and shall recal-
culate its impact fees not less than once every three
years in accordance with the procedures set forth in
Texas Local Government Code Section 395.052, or in any
successor statute.
(2) The city may review its land use assumptions, impact
fee capital improvements plans, and other factors such
as market conditions more frequently than provided in
paragraph (1) above to determine whether the land use
assumptions and impact fee capital improvements plans
should be updated and the impact fee recalculated
accordingly, or whether Schedule 2 collection rates
should be increased, decreased, or otherwise changed.
Functions of Advisory Committee
(1)
The Advisory Committee shall perform the following
functions:
(a) advise and assist the city in adopting land use
assumptions;
(b)
review the impact fee capital improvements plans
and file written comments thereon;
(c)
monitor and evaluate implementation of the impact
fee capital improvements plans;
(d)
advise the City of the need to update or revise
the land use assumptions, impact fee capital
improvements plans and impact fees; and
(e)
file a semiannual report evaluating the progress
of the City in achieving the impact fee capital
improvements plans and identifying any problems in
implementing the plans or administering the impact
fees.
Ordinance No. 1972 Page 19
The City Council shall adopt, by resolution, procedural
rules by which the Advisory Committee may carry out its
duties.
(3)
The City shall make available to the Advisory Committee
any professional reports prepared in the development or
implementation of the impact fee capital improvements
plans.
Agreement for Capital Improvements
(1)
An owner of a new development may construct or finance
a capital improvement or facility expansion designated
in the impact fee capital improvements plan, if
required or authorized by the City, by entering into an
agreement with the City prior to the issuance of any
building permit for the development. The agreement
shall be on a form approved by the City, and shall
identify the estimated cost of the improvement or
expansion, the schedule for initiation and completion
of the improvement or expansion, a requirement that the
improvement be designed and completed to City standards
and such other terms and conditions as deemed necessary
by the city. The agreement shall provide for the
method to be used to determine the amount of the offset
to be given against impact fees due for the develop-
ment.
(2)
In the event that the city elects to reimburse an owner
for the dedication, construction or financing of a
capital improvement or facility expansion designated in
the impact fee capital improvements plan, the terms of
reimbursement shall be incorporated in the agreement
required by paragraph (1) above.
Use of Other Financing Mechanisms
The City may finance capital improvements or facilities
expansions designated in the impact fee capital
improvements plan through the issuance of bonds,
through the formation of public improvement districts
or other assessment distrigts, or through any other
authorized mechanism, in such manner and subject to
such limitations as may be provided by law, in addition
to the use of impact fees.
(2)
Except as herein otherwise provided, the assessment and
collection of an impact fee shall be additional and
supplemental to, and not in substitution of, any other
Ordinance No. 1972 Page 20
tax, fee, charge or assessment which is lawfully
imposed on and due against the property.
(3)
The City may pay all or part of impact fees due for a
new development taking into account available offsets
and credits pursuant to duly adopted criteria.
Impact Fee as Additional and Supplemental Regulation
Impact fees established by this Chapter are additional and
supplemental to, and not in substitution of, any other
requirements imposed by the City on the development of land
or the issuance of building permits or certificates of occu-
pancy. Such fee is intended to be consistent with and to
further the policies of city's Comprehensive Plan, the
impact fee capital improvements plan, the zoning ordinance,
subdivision regulations and other city policies, ordinances
and resolutions by which the City seeks to ensure the provi-
sion of adequate public facilities in conjunction with the
development of land.
Relief Procedures
Any person who has paid an impact fee or an owner of
land upon which an impact fee has been paid may peti-
tion the City Council to determine whether any duty
required by this ordinance has not been performed
within the time so prescribed. The petition shall be
in writing and shall state the nature of the unper-
formed ormed
within sixty (60) days of the request. If the City
Council determines that the duty is required pursuant
to the ordinance and is late in being performed, it
shall cause the duty to commence with sixty (60) days
of the date of the request and to continue until com-
pletion.
(2)
(3)
The city Council may grant a variance or waiver from
any requirement of this ordinance, upon written request
by a developer or owner of property subject to the
ordinance, following a public hearing, and only upon
finding that a strict application of such requirement
would when regarded as a whole result in confiscation
of the property.
The City Council may grant a waiver from any require-
ment of this ordinance on other grounds, as may be set
forth in administrative guidelines.
Ordinance No. 1972 Page 21
(4)
If the City Council grants a variance or waiver to the
amount of the impact fee due for a new development
under this Section, it shall cause to be appropriated
from other City funds the amount of the reduction in
the impact fee to the account for the service area in
which the property is located.
We
Exemption from Ordinance
Any building permit application which was duly accepted for
filing prior to the effective date of this Chapter and which
is subsequently granted, shall be exempt from the assessment
and payment of an impact fee, unless such application there-
after expires.
SECTION II:
ROADWAY FACILITIES FEES
(Reserved)
SECTION III:
WATER FACILITIES FEES
(Reserved)
SECTION IV: SEWER FACILITIES FEES
Am
Sanitary Sewer Service Area
(1) There is hereby established a sanitary sewer benefit
area, constituting the Service Area as depicted on
Exhibit B, attached hereto and incorporated herein by
reference.
The boundaries of the sanitary sewer benefit area may
be amended from time to time, and new sanitary sewer
benefit areas may be delineated, pursuant to the proce-
dures in Section I, Subsection Q.
Be
Sanitary Sewer Improvements Plan
(1)
The Sanitary Sewer Improvements Plan for the Service
Area is hereby adopted as Exhibit C, attached hereto
and incorporated by reference herein.
(2)
The Sanitary Sewer Improvements Plan may be amended
from time to time, pursuant to the procedures in
Section I, Subsection Q.
Sanitary Sewer Facilities Fees
(1) The maximum impact fees per service unit for sanitary
sewer facilities are hereby adopted and incorporated in
Ordinance No. 1972 Page 22
Schedule I attached hereto and made a part hereof by
reference.
(2)
The impact fees per service unit for sanitary sewer
facilities, which are to be paid by each new develop-
ment, are hereby adopted and incorporated in Schedule 2
attached hereto and made a part hereof by reference.
(3)
The impact fees per service unit for sewer facilities
may be amended from time to time, pursuant to the pro-
cedures in Section I, Subsection Q.
SECTION V:
DRAINAGE FACILITIES FEES
(Reserved)
II.
This ordinance shall be and is hereby declared to be cumulative
of all other ordinances of the City of College Station, and this
ordinance shall not operate to repeal or affect any of such other
ordinances except insofar as the provisions thereof might be
inconsistent or in conflict with the provisions of this ordi-
nance, in which event such conflicting provisions, if any, in
such other ordinance or ordinances are hereby repealed.
III.
If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be unconstitutional, such
holding shall not affect the validity of the remaining portions
of this ordinance.
IV.
Ail of the regulations provided in this ordinance are hereby
declared to be governmental and for the health, safety and wel-
fare of the general public. Any member of the City Council or
any City official or employee charged with the enforcement of
this ordinance, acting for the City of College Station in the
discharge of his duties, shall not thereby render himself person-
ally liable; and he is hereby relieved from all person liability
for any damage that might accrue to persons or property as a
result of any act required or permitted in the discharge of his
said duties.
Any violation of this ordinance can be enjoined by a suit filed
in the name of the City of College Station in a court of compe-
Ordinance No. 1972 Page 23
tent jurisdiction, and this remedy shall be in addition to any
penal provision in this ordinance or in the Code of the City of
College Station.
PASSED, ADOPTED and APPROVED this 27th day of August, 1992.
ATTEST:
City Secretary
APPROVED:
APPROVED AS TO FORM:
EXHIBIT A
LAND USE ASSUMPTIONS
SANITARY SEWER SERVICE AREA "92-01"
Prepared by Development Services
August 1992
TABLE OF CONTENTS
LAND USE ASSUMPTIONS SANITARY SEWER SERVICE AREA '92-01~
TABLE I EXISTING LAND USE
BASIS FOR ASSUMPTIONS
FIGURE 1 CITY OF COLLF~ESTATION SERIAL ZONES
COLLEGE STATION LAND USE INVENTORY, DECBMBER 1991
FIGURE 2 EXISTING LAND USES
TABLE II PROJEC'I'ED GROVV'rH 1992 TO 2002
TABLE III PROJECI'ED GROWTH 2002 TO 2012
FIGURE 3 LAND USE ASSUMPTIONS
LAND USE ASSUMPTIONS SANITARY SEWER SERVICE AREA "92-01"
August 1992
Sanitary Sewer Service Area '92-01", Exhibit 1, consists of about 5:30 Acres of agricultural, industrial,
Iow density residential and institutional uses. The acreage of existing land uses is shown in Table I.
Acreage dose not make allowance for street right-of-ways.
TABLE I
EXISTING LAND USE
LAND USE GROSS ACRES
Low Density 57
Commercial / Industrial 40
Parks 11
Schools 35
387
Agricultural Total ~
BASIS FOR ASSUMPTIONS
The Lan d U se Assumptions are based on the cji y's Comprehensive. Land. Use Plnn, the Edei.we. iss, a, nd
Rock Prairie Estates Master Development Plan for thc Lieven J. Van Rett, et al property aha thc nmtoty
of development in this area of the city over the past three years
Historical data for four serial zones was reviewed (Serial Zones 201,242, 243, and 244. Sec Figure 1).
Heavy residential development has been occurring in these zones since 1989. From 1989 through 1991
e have been 248 sinRle family, dwellings added to the area This constitutes 61 percent of. the si.n,gle.
th re - - -- ' oeo
family dwellings added city-wide. In the first four months of 1992 there have been 56 dwellings aa
in these serial z~ones compared to 108 city-wide constituting 52 percent.
These additions over the last three years and the first quarter of 1992 average 8 dwelling units per ,
month. Projecting this over a ten y~ar period would result in the addition of approximately 960 dweilmg
units added to this area.
As pwposed, the Edelweiss Estates subdivision will account for 389 of these units.
Single family densities.in the area average between 3.5 and .4.5.dwe.li. ing, units per ac,re (depe.nd. ing ,o,n~
whether one includes rights-of-way in the calculation). ProJecting t~m oenslty over me rematning ~x~
acres anticipated to be developed as Iow density residenthi in the service area re, suits in 386 dwelling
units. This accounts for a total of 773 units. Based on historical trench in the area these units should
build-out within the 10 year period from 1992 to 2002.
1
It is antic,pared that about half the multi-family acreage will build, out between 1992 and 2002. Over
the last three yea~s apartment rents have increased and vacancy rates have decreased indtcatmg that thc
multi-family market could support additional development. The majortty of multi-family units within
thc City arc occupied by college students and the service ama is tn a Iocatton that would provide
excellent access to the umversity.
It is not anticipated that the amount of proposed commercial acreage in the service area will build-out
within the ten year period from 1992 to 2002. Existing retail and office commercial square footage
City-wide has still not been adequately absorbed since the overbuilding during the early 1980's. Thc
large amount of commercial square footage added over the last two years has been very large grocery
store facilities which.would not be likely in this service area.
It is reasonable to expect neighborhood commercial uses to accompany the residential development as it
occurs. It is also reasonable to expect that commercial development will occur at the intersection of
Rock Prairie and Wellborn when the extension of Rock Prairie is completed. Staffwould anticipate 20
acres of commercial development from 1992 to 2002 with the remainder being developed from 2002 to
2012.
The C~aham Road Industrial area has been established over the last ten years leaving 10 acres vacant. It
is reasonable to expect the remaining lots in this industrial area to build, out in the next ten years with
uses similar to existing ones. The City is currently developing a Business Park in another location, but it
is aimed toward R & D and light manufacturing uses. The City is being more aggressive in attracting
economic prospects and the industrial acreage in the service area provides an alternative location for
other kinds of industrial users. The frontage along the south side of Graham Road within the service
area ts more likely to develop between 2002 and 2012.
Thc land uses and acreage expected to develop within the next ten years is shown in Table II. The land
uses and acreage expected to develop between 2002 and 2012 are shown in Table IIL
CD
.oorooFoo~o~
I I
I ,
TABLE II
PROJECTED GROWTH 1992 TO 2002
PROJECTED DEVELOPMENT
Low Density Residential
GROSS ACRES
218
Edelweiss Estates
C-B to Low Density
Esst Area
124
8
86
Medium Density Residential
Commercial/Industrial
Parks
Total
25
2O
11
274
TABLE II1
PROJECTED GROWTH 2002 TO 2012
PROJECI'ED DEVELOPMENT
Commercial/Industrial
Medium Density Residential
Total
GROSS ACRES
89
113
3
/
/
-/
EXHIBIT B
EXHIBIT C
CAPITAL IMPROVEMENTS PLAN
SANITARY SEWER SERVICE AREA "92-01"
Prepared by Development Services
August 1992
TABLE OF CONTEIqT~
CAPITAL IMPROVEMENTS PLAN FOR SANITARY SEWER AREA "92-01"
DESCRIPTION
FIOURE 4 CAPITAL IMPROVEMENTS PLAN
SERVICE UNIT DETERMINATION
TABLE IV LIVINO UHIT EQUIVALENTS
PRO~ECTED GROWTH OF LIVINO UNIT EQUIVALENTS
COST ALLOCATION
IMPACT FEE CALCULATION
CAPITAL IMPROVEMENT PLAN FOR SANITARY SERVICE AREA '92-01 *
August 1992
DESCRIPTION
The Capital Improvement Plan for Senitary Sewer Service Area "92-01" was developed using the Land
Use Assumptions for the service area. It consists of three phases. See Figure 4
EXISTING FACILITIES:
The North Fork of Lick Creek drainage basin is provided sanitary sewer service thru an existing 18"
gravity sanitary pipe which flows to aliR station at the intersection of the creek with SH 6. Sewage is
pumped from the lift station into the Bee Creek basin and flows to the City's Carter Creek Waste Water
Plant for treatment. These facilities are all outside Sanitary Sewer Service Area 91-01. Costs related to
thc existing treatment plant and the existing collection pipe line are not being considered for this service
area at this time.
The city maintains a lift station and collection pipe line within thc service area which provides sanitary
sewer service to Brandon Heights Phase I, Williams Court, Westcbester Park Phase I, an Rock Prairie
Elementary School and Rock Prairie Road Junior High School. Cost recovery for these facilities is not
being calculated for the existing development which are served by these systems.
NEW FACILITIES:
The new facilities serve new development and existing Living Unit Equivalents in Brandon Heights,
Westchester Park, Williams Court and platted properties along Graham Road. The costs subject to
impact fees are pwportioned by the ratio of new Living Unit Equivalents to the total Living Unit
Equivalents served.
PHASE I:
Phase I extends a gravity flow sanitary sewer pipe from Graham Road on the southeasterly corner of the
service area northerly thru the Iow land along the North Fork of Lick Creek, providing service to both
sides of the creek; thence westerly along the creek to Schaffer Road where it will serve part of the Van
Reit property (and the. existing developed areas of Brandon Heights, Westchester Park and Williams
Court when Phase II is constructed); thence southerly to Graham Road; and then westerly along Graham
Road to near Wellborn Road serving properties on both sides of Graham Road and westerly from
Schaffer Road. Design of this project is expected to be completed within two months. Bids will be
advertised as soon as all essementa are available. The preliminsry estimated project cost $315,000
includes: construction, $235,000; engineering and land surveying, $$0,000; and land acquisition,
$30,000.
This pipe line will provide capacity for exlntmg land uses and new residential, commercial and industrial
development which will occur from 1992 to 2002 as well as commercial development which will occur
from 2002 to 2012.
PHASE I1:
Phase I! begins where Phase I intersects Sehaffer Road and will extend a sewer pipe northerly along
Schaffer to connect to the existing lift station serving Brandon Heights Phase I, Williams Court, and
Westchester Park subdivisions, two schools and a city park. This phase will serve a part of the
developing Van Riet property, the undeveloped part of Westchester Park subdivision and provide
capacity for growth in the developed area and schools. The preliminary estimated project co~t $106,000
includes, construction, $77,000; engineering and land surveying, $15,000; and land acquisition,
$14.000 The estimated cost related to the dismantling of the existing lift station represent 50qb of the
cost of this phase and is not eligible for cost recovery thru impact fees.
This phase will serve exiting residential land uses and new residentml and commercial development
which will occur from 1992 to 2002.
PHASE Ilk
Phase III consists of extending a sewer pipe from the existing pipe m Graham Road to the south side of
Graham Road and along the roadway about 1900 feet westerly. It will serve an undeveloped 400 foot
depth of property which fronts on Graham Road. The preliminary cost estimate $122,000 includes:
constructmn, $89,000; engineering and land surveying, $15,000; and land acquisition, $18,000.
Phase Ill provides sanitary sewer service to this currently vacant area for proJeCted industrial
development from 1992 to 2002.
The total projected cost of these projects Io serve the service area properties with sanitary sewer is
$543,000. These cost include engineering and design costs, land acquisition costs, construction costs
and project management costs.
Although state law permits the inclusion of interest charges and other financing casts in the capital
improvement~ plan, such costs have not been included in this wastewater CIP. Because projects coats
are to be adjusted through the amendment process mandated by state law, no inflationary factor has been
include in the project costs.
SERVICE UNIT DETERMINATION
The Ctty of College Station has selected the Living Unit Equivalent as the appropriate measure of
wastewater service consumption by new development in Sanita~ Sewer Service Area 92-01. As used in
the was~ewater CIP, a "service unit" is defined to be a single family residence without regard for the
number of bed rooms. A $/8 inch water meter is the typical size water meier serving a single family
home in the city. Since water use is directly related to sanitary sewer flow, the size of the water meter is
used to determine Living Unit Equivalents for nonresidential land use~. The 5/8 inch meter is counted
as one umt. Other size meters are proportioned Living Unit Equivalents according to there flow
relationship to the 5/~ inch me~r. Living Unit Equivalents are shown in Table IV.
TABLE IV
LIVING UNIT EQUIVALENTS
Residential Structures
Type of Structure Unit LUE
Stngle Famdy Dwelling
(all sizes/no, of bedrooms)
structure 1
Duplex duplex 2
(all sizes/no, of bedrooms)
Triplex triplex 3
(all sizes/no, of bedrooms)
Fourplex
(ali sizes/no, of bedrooms)
fourplex 4
Multifamily
(one and two bedroom units)
(three and more bedroom units)
unit 0.75
unit
Mobile Home mobile home 0.75
space
6
TABLE IV
(continued)
Nonresidential Structures
Meter Size
LUE/Me~rSize
5/8 inch simple 1
3/4 inch simple 1.5
1 inch simple 2.5
1-1/2 inch simple 5
2 inch simple 8
2 inch compound 8
2 inch turbine 10
3 inch compound 16
3 inch turbine 24
4 inch compound 25
4 inch turbine 42
6 inch compound 50
8 inch compound 80
6 inch turbine 92
10 inch compound 115
8 inch turbine 160
10 inch turbine 250
12 inch turbine 330
PROJECTED GROWTH OF LIVING UNIT EQUIVALENTS
It is necessary to establish relationships between Living Unit Equlvalen.ts and. .the~various la.n.d ..us.es...The
following relationships have been determined after brief review of developeo lano uses wimm rags city,
a commtr son consumvtion rates of esch use category and comparisons with design recommendations of
the Am' erican Society'of Civil Engineers. The servi~.e unit to be applied is a typical single family
dwelling without regard to the number of bed rooms. Such a unit is otherwise referred ~ as a *dwelling
unit" and for the pu~ of this plan the two terms may be used interchangeable.
LAND USE CATEGORY
DWELLING UNITS PER ACRE
Low Density Residential 3.5
Medium Density Residential 15
Commercial / Industrial 10
Parks 0
Schools 2
Agricultural 0
7
EXISTING LUE'S:
Land Use
Acres
LUE/Acre
LUE's
Low Density Residential 57 3.5 200
Medium Density Residential 0 0 0
Commemial/lndustrial 40 10 400
Parks 11 0 0
Schools 35 2 ?0
Agricultural 387 0 0
Totals 530 670
PROIECTIONS:
Land Use
PROJECTED GROWTH 1992 - 2002
Acres LUF./Acre
LUE~s
Low Density Residential 218 3.5 763
Medium Density Residential 25 15 375
Commercial/Industrial 20 10 200
Parks 11 0 0
Schools 0 0 0
Agricultural 0 0 0
Totals 274 1338
Land Use
PROJECTED GROWTH 2002 - 2012
Acres LUE/Acre
LUE's
LOw Density Residential 0 0 0
Medium Density Residential 24 15 360
Commercial/Industrial 89 10 890
Parks 0 0 0
Schools 0 0 0
Agricultural 0 0 0
Totals 1'13 '1250
COST ALLOCATION
Total New LUE'-~ ..................................... 2588
Total LUE's served .................................... 3258
C~st Allocation Factor 2588]3258 = 0 79
PHASE ESTIMATED ELIGIBLE SERVICE RECOVERY
COST COST DISTRIBUTION 1992-2002 2002-2012
'92-'02' 02-'12
I $315,000 $315,000 65% 35% $204,750 $110,250
II 106,000 53,000 100% 53,000
Totals $543,000 $490,000 ~ $232,250
IMPACT FEE CALCULATION
Maximum Impact Fee = Go~t x cost allocation factor
number of new LUE's
$257,750 X .79 / 1338 = $152.18 ] '
9
SCIXED~LE X
MAXIMUM XM~AOT FBE8 P~t SBRVXOE UNI~
8SRVXCE P, Rg~
SERVXCB UNIT
FEE
ROADWAY FACILITIES:
(reserved)
WATER FACILITIES:
(reserved)
SANITARY SEWER FACILITIES:
92-01 ....................... LUE ................... $152.18
DRAINAGE FACILITIES:
(reserved)
BCHEDULB 2
~MPACT FEB8 TO BE PAID PER SERVICE UNIT
BERVXCE AREA
SERVICE UHIT
MAX IMPACT FEE
ROADWAY FACILITIES:
(reserved)
WATER FACILITIES:
(reserved)
SANITARY SEWER FACILITIES:
92-01 ........................ LUE ................... $152.18
DRAINAGE FACILITIES:
(reserved)
"EXHIBIT D"
RESOLUTION NO. 8-27-92-7
A RESOLUTION ADOPTING LAND USE ASSUMPTIONS FOR IMPACT
FEES FOR THE CITY OF COLLEGE STATION, TEXAS.
WHEREAS, on June 11, 1992, the City Council appointed
the City's Planning and Zoning Commission as the
"Advisory Committee" in Resolution No. 6-11-92-1.10;
and
WHEREAS, as required by Section 395.058 of the Texas
Local Government Code (formerly S.B. 336), the commis-
sion includes at least one representative of the real
estate, development or building industry who is not an
employee or official of a political subdivision or gov-
ernmental entity; and
WHEREAS, the Advisory Committee has advised and as-
sisted the City in adopting land use assumptions and
has reviewed the City's capital improvements plan; and
WHEREAS, the Advisory Committee filed written comments
on the proposed Capital Improvements Plan for Service
Area 92-01 on June 26, 1992; and
WHEREAS, pursuant to the Texas Local Government Code
Section 395.0515, a public hearing was held on August
27, 1992, at 7:00 p.m. which consolidated the hearings
for the consideration of the land use assumptions,
capital improvements plan and adopted both plans and
the impact fee simultaneously; and
WHEREAS, information about the land use assumptions
plan and capital improvements plan was made available
to the public on August 21, 1992; and
WHEREAS, all public notice and hearing requirements of
Section 395.0515 were met, and no objection was filed
by the public to the consolation of hearings to con-
sider land use assumptions, capital improvements plan
and impact fees; and
WHEREAS, the Capital Improvements Plan was prepared
based on data contained in the Land Use Assumptions,
attached hereto as Exhibit A;
,.1':'~. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
/~--.~. THE CITY OF COLLEGE STATION, TEXAS, that the Land Use
~,(~:~. Assumptions for Impact Fees, as set out in Exhibit .A
~-.. entitled "Land Use Assumptions, Sanitar. y Sewer Service
~! Area.92-01" is hereby adopted by the City of College
f .~---_"~: Statlon, Texas.
PASSED and APPROVED this 27th day of August 1992.
City Secretary
APPROVED:
EXHIBIT A
LAND USE ASSUMPTIONS
SANITARY SEWER SERVICE AREA "92-01"
Prepared by Development Services
August 1992
?ABI~ OF CONTEN'I~
LAND USE ASSUMPTIONS SANITARY SEWER SERVICE AREA
TABLE I EXISTING LAND USE
BASIS FOR ASSUMPTIONS
HGURE 1 CrI'Y OF COLLEGESTATION SERIAL ZONES
CO~ ~ ~Ol~ STATION LAND USE INVENTORY, DECILMB~ 1~91
FIGURE 2 EXISTING LAND US~
TABLE n PRO~_,CTED G~RO.~FH 1992 TO 2002
TABLE IH PRO~CTED GROW'IH 2002 TO 2012
FIGURE 3 LAND USE ASSUMPTIONS
LAND USE ASSUMPTIONS SANITARY SEWER SERVICE AREA "92-01 '
August 1992
Sanitary Sewer Service Area "92-01", Exhibit 1, consists of about 530 Acres of asricultuml, industrial,
Iow density residential and institutional uses. The acreage of existing land uses is shown in Table I.
Acreage dose not make allowance for street fight-of-ways.
TABLE I
EXISTING LAND USE
I. AND USE GROSS ACRES
Low Density $7
(3ommercial ] Industrial 40
Parks 11
Schools 35
Agricultural 387
Total 530
BASIS FOR ASSUMPTIONS
The Land Use Assumptions are based on the city's Comprehensive Land Use Phn, the Edelweiss and
Rock Prairie Estates Master Develop'tnt Phn for the Lieven J. Van Reit, et al property and the history
of development in this area of the city over the past three years
Histoficai..data .fo.r four serial zones was reviev~ (Serial Zones 20.1, 242 243, and 244. See Figure 1).
Hesvy restdentrsl development has been occuniug in these zones since 1989. From 1989 tiu~ugh 1991
there have been 248 single family dwellings added to the area. This constitutes 61 peroent of the single
family dwellings added city-wide. In the first four months of 1992 there have been 56 dwellings added
in these serial zones compared to 108 city-wide constituting 52 percent.
Theze additions over the last three years and the first quarter of 1992 average 8 dwelling units per
month. Projecting this over a ten year period would result in the addition ofapproxlmstcly 960 dwelling
units added to this area.
As txoposed, the Edelweiss Estates subdivision will account for 389 of these units.
Single family densities in thc area average between 3.5 and 4.5 dwelling units per acre (depe.nd. ing on
whether one includes rights-of-way in the calculation). Projecting this density' over the rcmatnrsg 113
acres anticipated to be developed as low density residential in the service area results in 386 dwelling
units. This accounts for s total of 773 units. Based on h/stofical trends in the area these units should
build-out within thc 10 year period from 1992 to 2002.
It is ant,c~pated that about half the mulu-famfly acreage will bu,ld-out between 1992 and 2002. Over
the last three years apartment rents have increased and vacancy rates have decreased indicating that the
multi-family market could support additional development. The majority of multi-family units wtthm
the C~ty are occupied by college students and the service area is tn a Iocauon thal would provide
excellent access to the university.
It is not anticipated that the amount of proposed commercial acreage in the service area will build-out
within the ten year period from 1992 to 2002. Existing retail and office commercial square footage
City-wide has still not been adequately absorbed since the overbuilding during the early 1980's. The
large amount of commercial square footage added over the last two years has been very large grocery
store facilities which.would not be likely in this service area.
It is reasonable to expect neighborhood commercial uses to accompany the residential development as it
occurs. It is also reasonable to expect that commercial development will occur at the intexsex:tion of
Rock Prairie and Wellborn when the extension of Rock Prairie is completed. Staff would anticipate 20
acres of commercial development fwm 1992 to 2002 with thc remainder being dewloped from 2002 to
2012.
The Graham Road Industrial area has been established over the last ten years leaving 10 acres vacant. It
is reasonable to expect the remaining lots in this industrial area to build-out in the next ten yearn with
uses similar to existing ones. The City is currently developing a Business Park in another location, but it
is aimed toward R & D and light manufacturing uses. The City is being more aggressive in attracting
economic prospects and the industrial acreage ia the service area provides an alternative location for
other kinds of industrial users. The frontage along the south side of Graham Road within the service
area is more likely to develop between 2002 and 2012.
The land uses and acreage expected to develop within the next ten yeats is shown in Table II. The land
uses and acreage expected to develop between 20~2 and 2012 are shown in Table III.
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TABL~ II
PROJECTED GROWTH 1992 TO 2002
PRO.rECIW~ DEVELOPMENT
Low Density Residential
C-B to Low l~ensity
East Area
OROSS ACRES
218
1~4
8
86
Medium Density Residenthl
OommercialHndustfial
Parks
Total
274
TABLE III ',
PROJECTED GROWTH 2002 TO 2012
PR O~,C-'FED DEVELOPMENT
Commercial/Industrial
Medium Density Residential
Total
GROSS ACRES
89
113
3