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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. 8~,?-- >. U.1 0 ................................. -- - . ' ......... . ,' ...... . .- '.. . . , : , i - 1 , : : I ; [' ' i I I ~ ~ / , , I I i I I .' I ~ , " ' , I : I , , I.: · 1 -:'~: .... r'T~'['?'T'T .... --- ' I ) ; ' I : I ' , I ~ , ' , / - ~ 'Z,' -, I~'~. .'-r Pr~r:-r F'F : :I : L/ [~ .:o~ .o~. .~,l ,, Ill 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