Title
Consider/Discuss/Act on a Correction Ordinance for Utility Impact Fees
Summary
MEETING DATE: December 17, 2013
DEPARTMENT: Development Services - Planning Department
CONTACT: Jennifer Arnold, Planning Manager
Michael Quint, Director of Planning
RECOMMENDED CITY COUNCIL ACTION:
· Staff is recommending approval of the Ordinance.
ITEM SUMMARY:
· Staff is proposing an amendment to the recently adopted Utility Impact Fee Ordinance (Ordinance No. 2013-11-109) to correct a minor error with one of the exhibits (Schedule 2).
· At a Public Hearing on November 19, 2013, City Council approved an Ordinance amending Utility Impact Fees as part of the 2012-2013 Impact Fee update process. Immediately following adoption, Staff discovered that a draft/outdated version of one of the exhibits (Schedule 2) was inadvertently attached to the Ordinance.
· While the inclusion of the outdated version of Schedule 2 has no impact on any of the fee amendments discussed or acted upon by Council as part of the 2012-2013 Impact Fee update process, a correction to the exhibit is necessary to ensure that the true and correct version is formally incorporated into the Utility Impact Fee Ordinance. It's important to note that none of the fees reflected in the previously discussed comparison charts, PowerPoint presentations or staff reports were incorrect.
· It is also important to note that this error has not had any effect on the immediate implementation of the utility impact fee amendments and no project has been charged incorrect fees since this error was identified immediately.
BACKGROUND INFORMATION:
· Chapter 395 of the Texas Local Government Code mandates that impact fees be reviewed and updated at least every 5 years. The City of McKinney last performed a review and update of impact fees in 2007-2008. Accordingly, Staff initiated the 2012-2013 Impact Fee Update in late Fall of 2012.
· Updating impact fees involves 3 parts (as required by state law) and the entire process takes approximately 9 months:
· Land Use Assumptions (completed)
The updated Land Use Assumptions were considered by the Planning and Zoning Commission (serving as the Capital Improvements Advisory Committee) on April 23, 2013 and were approved by the City Council at the June 18, 2013 meeting.
· Capital Improvements Planning (completed)
Updates to the Capital Improvements Plan for Impact Fees were presented and discussed during a Joint Work Session of the City Council and Planning and Zoning Commission on July 29th and were subsequently approved by City Council at the November 19, 2013 meeting.
· Fee Setting / Adopting the Amended Ordinance (completed)
Proposed fee amendments for the 2012-2013 Utility Impact Fee Update were first presented at a Work Session of the City Council on September 16, 2013 and were subsequently approved by City Council at the November 19, 2013 meeting.