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Ordinance - 1999 - 358 - Amend/Repeal Title 7/ - 11/23/1999SCAN NFD ORIGINAL ORDINANCE NO. 358 AN ORDINANCE AMENDING AND REPEALING PORTIONS OF THE CITY OF EAGLE, IDAHO, MUNICIPAL CODE TITLE SEVEN, CHAPTER SIX AS FOLLOWS: 7-6-3(B)(3) APPLICATION; 7-6-5 CAPITAL IMPROVEMENT PROJECTS; 7-6-6(A),C),(D) and (G) CALCULATION OF FEE; 7-6-9 CREDITS AND REIMBURSEMENT; AMENDING 7-6-11 APPEALS (D), (E); 7-6-13 ADDENDUM "A"; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of Eagle, Idaho, that portions of the Eagle City Code be amended and repealed as follows: Section 1. ECC 7-6-3(B)(3) Replacing a an existing residential unit, including a modular building or manufactured/mobile home, with another residential unit on the same lot, provided that the number of service units does not increase; Section 2. ECC 7-6-5 Capital Improvement Projects: The capital improvement projects to be financed by the impact fee are only those n3 liatcd designated as park facilities in the "Study", incorporated herein by reference along with all footnotes, exhibits, appendices and other attachments referenced. Impact fees will not be collected on pathway facilities addressed in the "Study" and anv impact fees previously collected for pathway facilities under this chapter will be refunded by the City pursuant to Section 10 herein and Idaho Code § 67-8211. Section 3. ECC 7-6-6(A) Time Frame: The City shall calculate the amount of the park impact fee due for each building permit and manufactured/mobile home installation permit by the procedure set forth in the "Study" within thirty (30) days of submittal of complete permit plans for residential development_ ane ei;it'GAS-- yr Cf ✓ bn ttcl of crrrlcto pv rt t pla ns fur aemmcwit..1 dcvclopmcnt. Section 4. ECC 7-6-6(C) Improvements and Expansions: A development impact fee shall be calculated on the basis of levels of service for public park facilities adopted in this Ordinance and in the "Study" that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlargement of new or existing public park facilities for which a development K:\COUNCIL\Draft Ordinances\Ordinance No. 358 Amended2.doc Page 1 impact fee is imposed must be attributable to the capacity demands generated by the new development. Section 5. £G0 dcvelepmc :t fe'r 7 G G(D) Multiplc Uztc : If building �,✓err t manufactured/mobile honc in3talle.tier cents i ne a mi;[ cf :l oar , Jl &-impaer F✓ c, :r ek ✓ypc of uic . Section 6. ECC 7 G G(0) pr rr.it, %l l l b the ar is eight Ute' 1&tcd Impact r3CZ and Trip Ocneeratl cn Ratcc : The irr ct Errs and tsrip, gefr✓ e,tf ur Latce dctcrmincd by the. latoit cditl -r cf the Inctr ✓v cf Traffic Enginccro trip gcncratl ter rrr n al) crc act fcert`h in ire - dy. " The --Cy Coune, l l5eq act felt-t'r imp ,ct felt end trrip, gencemt- e rates by rarclutivr c nd 7mdfLfy the sec- by rclac16trc n at calowcd by law. (Ord. 345, 5 11 1999 -)- Section 7. ECC 7-6-7 Payment by Developer: A developer shall have the right to elect to pay a project's proportionate share of park system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs, except as provided in section 67-8214(3), Idaho Code. The schedule of park facilities development impact fees for various land users per unit of development shall be as set forth in the "Study." Section 8. ECC 7-6-9 Credits and Reimbursement: C. To be equitable, impact fees must avoid double charging. Impact fees are structured to credit fee pavers for taxes or fees they have paid or will pav for the same services. General tax credits for future annual tax and fee payments are expressed as an eauivalent, current lump sum payment, and deducted from the one-time cross impact fee. The City of Eagle calculates the Impact Fee Utilization Pro-ection included as an appendix to the study and undated yearly at the time of the annual budaet. ED. If credit or reimbursement is due to the developer pursuant to this Section, the City shall enter into a written agreement, with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement. E. No credits shall be given for the construction of local on on-site facilities, structures, improvements, or other project improvements required by zoning, subdivision, K:\COUNCIL\Draft Ordinances\Ordinance No. 358 Amended2.doc Page 2 or other City regulations unless the improvement is identified in the "Study" as a system improvement. DF. Any person requesting such credit or reimbursement shall submit their request in writing on a form provided by the City and present documentation of costs or payments for facilities to the City Clerk, or his or her duly designated agent, prior to issuance of a building permit or manufactured/mobile home installation permit. The determination shall be made no more than forty five (45) days after complete documentation is submitted to the City Clerk, or his or her duly designated agent. Any appeal from such a determination by the City Clerk, or his or her duly designated agent, shall be pursuant to Section 7-6-11 of this Chapter. (Ord. 345, 5-11-1999) Section 9. ECC 7-6-11 Appeals: �. Upon voluntnry cg ocmort by th&—# pay,or cnd he C � , cny di3arrco^rcvt rcictcd tc t rc i;rtpcct fcc for tiic propocc3 ecevc1cpmcint mny bc nodiatcd by a quclificd independent pcerty. 1. Mediatf cn muy take piece Et e.ry time .—?r=ing he. t.pTeitIlt preccec End pee s tr paticn in s e i Sees not prccludc thc fcc paycr from p'&✓,ying ether roc pro�;i3ce fur in th s–Oke.ptcr. 2. Hcdictic n eactc chcll 'si crcrcd miNIclly by thc -fu pceycir the. City. D. Filing Fee: The fee for filing an appeal shall be established by resolution of the Eagle City Council. E. The Eagle City Clerk shall schedule the appeal hearing before the City Council as soon as practical and participation in the appeal process does not preclude the fee paver from pursuing other remedies provided for in this Chapter. The City Council shall provide written findings of fact and conclusions of law setting forth their decision. The written decision of the City Council shall be mailed to the fee paver, certified mail, return receipt requested. Section $.10 ECC 7-6-13 Addendum "A" entitled "Development Impact Fee Study" dated Mcy 11, 1f>44 August 20, 1999, along with all footnotes, exhibits, appendices, and other attachments referenced therein, all of which are by this reference incorporated herein as if set forth fully. A description of acceptable levels of service for park system improvements is described in the "Study." (Ord. 3CG, C 11 1999) Impact fees will not be collected on pathway facilities addressed in the "Study" and anv impact fees K:\COUNCIL\Draft Ordinances\Ordinance No. 358 Amended2.doc Page 3 previously collected for pathway facilities under this chapter will be refunded by the City pursuant to Section 10 herein and Idaho Code § 67-8211. Section 4.11 This ordinance shall be published in full or in summary in one (1) issue of the Vall:✓1 Nei -Jr Idaho Statesman, a newspaper of general circulation published within the City of Eagle and the official newspaper thereof, and shall be in full force and take effect on thirty days from the date of publication. Approved by the Mayor and City Council this ,j day of 1999. Attest: GA -u___14- C hn. -4?--- Sharon K. Moore, Ct.ty Clerk (Seal ) ;3g'-1aff,,"s: «y % ' a v: it 73. II � 1 q Rick Yzagr e, Mayor K:\COUNCIL\Draft Ordinances\Ordinance No. 358 Amended2.doc Page 4 ORIGINAL ORDINANCE NC). 358 AN ORDINANCE AMENDING AND REPEALING PORTIONS OF THE CITY OF EAGLE, IDAHO, MUNICIPAL CODE TITLE SEVEN, CHAPTER SIX AS FOLLOWS : 7-6-3 (B) (3) APPLICATION; 7-6-5 CAPITAL IMPROVEMENT PROJECTS; 7-6-6 (A) , C) , (D) and (G) CALCULATION OF FEE; 7-6-9 CREDITS AND REIMBURSEMENT; AMENDING 7-6-11 APPEALS (D) , (E) ; 7-6-13 ADDENDUM "A" ; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of Eagle, Idaho, that portions of the Eagle City Code be amended and repealed as follows : Section 1 . ECC 7-6-3 (B) (3) Replacing a an existing residential unit , including a modular building or manufactured/mobile home, with another residential unit on the same lot, provided that the number of service units does not increase; Section 2 . ECC 7-6-5 Capital Improvement Projects : The capital improvement projects to be financed by the impact fee are only those as listcd designated as park facilities in the "Study" , incorporated herein by reference along with all footnotes, exhibits, appendices and other attachments referenced. Impact fees will not be collected on pathway facilities addressed in the "Study" and any impact fees previously collected for pathway facilities under this chapter will be refunded by the City pursuant to Section 10 herein and Idaho Code § 67-8211 . Section 3 . ECC 7-6-6 (A) Time Frame : The City shall calculate the amount of the park impact fee due for each building permit and manufactured/mobile home installation permit by the procedure set forth in the "Study" within thirty (30) days of submittal of complete permit plans for residential development_ and within sixty (GO) days of submittal of complctc permit plans for commcrcial dcvclopmcn. Section 4 . ECC 7-6-6 (C) Improvements and Expansions : A development impact fee shall be calculated on the basis of levels of service for public park facilities adopted in this Ordinance and in the "Study" that are applicable to existing development as well as new growth and development . The construction, improvement, expansion or enlargement of new or existing public park facilities for which a development K:\COUNCIL\Draft Ordinances\Ordinance No.358 Amended2.doc Page 1 impact fee is imposed must be attributable to the capacity demands generated by the new development . Section 5 . ECC 7 C 6 (D) Multiple U3c3 : If the development for which a building permit or manufactured/mobile homc installation permit, is sought contains a mix of u3cs, the impact fcc will be calculated for each type of use . Section 6 . ECC 7 G G (C) Impact Fcc3 and Trip Ccncration Ratc3 : Thc impact fcc and trip gcncration rates (a3 dctcrmincd by thc latest edition of thc Institute of Traffic Enginccr3 trip gcncration manual) arc act forth in thc "Study. " Thc City Council may set forth impact fees and trip gcncration rates by resolution and modify the same by resolution a3 allowed by law. (Ord. 345, 5 11 1999) Section 7 . ECC 7-6-7 Payment by Developer: A developer shall have the right to elect to pay a project ' s proportionate share of park system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project ' s proportionate share of system improvement costs, except as provided in section 67-8214 (3) , Idaho Code . The schedule of park facilities development impact fees for various land users per unit of development shall be as set forth in the "Study. " Section 8 . ECC 7-6-9 Credits and Reimbursement : C. To be equitable, impact fees must avoid double charging. Impact fees are structured to credit fee payers for taxes or fees they have paid or will pay for the same services . General tax credits for future annual tax and fee payments are expressed as an equivalent, current lump sum payment, and deducted from the one-time gross impact fee . The City of Eagle calculates the Impact Fee Utilization Projection included as an appendix to the study and updated yearly at the time of the annual budget . G . If credit or reimbursement is due to the developer pursuant to this Section, the City shall enter into a written agreement, with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount , time and form of reimbursement . DE . No credits shall be given for the construction of local on on-site facilities, structures, improvements, or other project improvements required by zoning, subdivision, K:\COUNCIL\Draft Ordinances\Ordinance No.358 Amended2.doc Page 2 or other City regulations unless the improvement is identified in the "Study" as a system improvement . DF. Any person requesting such credit or reimbursement shall submit their request in writing on a form provided by the City and present documentation of costs or payments for facilities to the City Clerk, or his or her duly designated agent, prior to issuance of a building permit or manufactured/mobile home installation permit . The determination shall be made no more than forty five (45) days after complete documentation is submitted to the City Clerk, or his or her duly designated agent . Any appeal from such a determination by the City Clerk, or his or her duly designated agent, shall be pursuant to Section 7-6-11 of this Chapter. (Ord. 345, 5-11-1999) Section 9 . ECC 7-6-11 Appeals : D. Upon voluntary agreement by thc fcc paycr and thc City, any disagreement related to thc impact fcc for thc proposed development may bc mediated by a qualified indcpcndcnt party. 1 . Mediation may takc place at any timc during provided for in this Chaptcr. 2 . Mcdiation coots shall bc shared equally by thc fcc paycr and thc City. D. Filing Fee : The fee for filing an appeal shall be established by resolution of the Eagle City Council . E. The Eagle City Clerk shall schedule the appeal hearing before the City Council as soon as practical and participation in the appeal process does not preclude the fee payer from pursuing other remedies provided for in this Chapter. The City Council shall provide written findings of fact and conclusions of law setting forth their decision. The written decision of the City Council shall be mailed to the fee payer, certified mail , return receipt requested. Section 4. 10 ECC 7-6-13 Addendum "A" entitled "Development Impact Fee Study" dated May 11, 1999 August 20 , 1999, along with all footnotes, exhibits, appendices, and other attachments referenced therein, all of which are by this reference incorporated herein as if set forth fully. A description of acceptable levels of service for park system improvements is described in the "Study. " (Ord. 34S, 5 11 1999) Impact fees will not be collected on pathway facilities addressed in the "Study" and any impact fees K:\COUNCIL\Draft Ordinances\Ordinance No.358 Amended2.doc Page 3 previously collected for pathway facilities under this chapter will be refunded by the City pursuant to Section 10 herein and Idaho Code § 67-8211 . Section 4. 11 This ordinance shall be published in full or in summary in one (1) issue of the Vallcy Ncwc Idaho Statesman, a newspaper of general circulation published within the City of Eagle and the official newspaper thereof, and shall be in full force and take effect on thirty days from the date of publication. Approved by the Mayor and City Council this cadi) day of , 1999 . Rick Yzag ii r e, Mayor Attest : 9 1 Sharon K. Moore, City Clerk (Seal) `'''` ry'y v, ti j.h K:\COUNCIL\Draft Ordinances\Ordinance No. 358 Amended2.doc Page 4 The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 LEGAL ADVERTISING INVOICE Account # DTI# Identification 116026 Ordered by: Amount: 162928 ORDINANCE NO. 358 $165.00 CITY OF EAGLE 310 EAST STATE ST. EAGLE, IDAHO 83616 P.O. # Rate Ss")} 0/11, % rte � •s° .. •'• ate: J'• o ;�- �: c4 •N LU; g •• a :Q? dtt c, b 00000• ' NT Run Dates November 30, 1999 Number of Lines 108 X 2 Affidavit Legal # 1 5655 JANICE HILDRETH, being duly swom, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: ONE consecutive weekly X single nconsecutive daily odd skip insertion(s) beginning with the issue of: NOVEMBER 3 0 , 1999 and ending with the issue of: NOVEMBER 3 0 , 1999 cinozze) STATE OF IDAHO ) )ss COUNTY OF ADA ) On this 3 0 day of NOVEMBER in the year of 1999 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly swom, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Idaho Residing at: Boise, Idaho My Commission expires: 41. iJiitzt4c) i�/i.3/avo/ LEGAL NOTICE ORDINANCE NO. 358 AN ORDINANCE AMENDING AND REPEALING PORTIONS OF THE CITY OF EAGLE, IDAHO, MUNICIPAL CODE TITLE SEVEN, CHAPTER SIX AS FOLLOWS: 6(A),C) (D) APPLICATION; CALCULATIONCOFIFEE; IMPROVEMENT-CDINDOREIMBURSE- MENT; AMENDING 7-6-11 APPEALS (D), (E); 7-6-13 ADDENDUM "A"; AND PRO- VIDING AN EFFECTIVE DATE. ADW, THEREFORE, be it ordained by the Mayor and City Council of the City of Eagle, Icaho, that portions of the Eagle City Code be amended and repealed as follows: n�ulaor building oC r Replacingmanufa3ctured. lhomean , with anothe residential unit on the sone lot, provided that the number of service units does not increase; Section 2. ECC 7-6-5 Capital Improvement Proiects: The capital improvement p eteTin bee fintucebyorthpeorimpdacterfen aryr.meyencoesealonwh daoesasa r appendices and other attachments referenced. u fees will not be collected on way facilities addressed in the "Study" and Ij _11'' -s previous y co 1- T•. . pact fee due for each building permitandand manufactured/ mobile homeinstalla- tion permit by the procedure set forth in the "Study" within thirty (30) days of submittal of complete permit plans for residential development. - Section 4. ECC 7-6-6(C) Improvements and Expansions: A development impact fee shall be calculated on the basis of levels of service for public park facilities adopted in this Ordinance and in the "Study" that are applicable to existing development as well as new growth and development. The construction, improvement, expansion or enlarge- ment of mposeed new existing els alftrrjbutable-TS ttie facilities itityy demandsegenerateed by the fee new development. Section 5. a:,I. Jon 6. - - - - c T ., .net Tii. , Sprtinn 7. ECC 7-6-7 Payment by Developer. A developer shall have the right to elect to pay a project's proportionate share of park system improvement costs by payment of development impact fees according to the fee schedule as full and complete payment of the development project's proportionate share of system improvement costs, except as provided in section 67-8214(3), Idaho Code. The schedule offacilities development impact fees for various land users per unit of development St1811 be as set forth in the "Study." 0 • - era ig.-Ir1'1eAlainli 5i,5+ tg aang a charaina Impact fees are struc- a ►7I1 c �z n iz u �� er�It� . ir�i�ZpTt,7�iliii?Tdl[ I,Irttir. - , •''�I�y���� �I]I�ri}�{ti�{•- - - .• *'`lei. - Jfr555p��appttl � I N�xcetc�1 I}t�NP a�tftr`dy e�daup�lr�ape�a p PCIIn t }hl tifp l l�ntlli,41lrf�) 13F4llPf r r1�IggiRP ata alt R lir` i'2�fYlDtitshMPriT Iroe re vl AAVea PUr3pUAl�t vo b s t 'on, the City shall enter into a written agreement, with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount mNo credits or amount, itime conssttrucctiiof on of local yon on-site facilities, struc- tures, improvements, or other proiect improvements required by zoning, subdivision, or other City regulations unless the improvement is identified in the "Study" as a system improvement. �E Any person requesting such credit or reimbursement shall submit their request in foravfacilities o the City Clerk, yor hislor herr d duly designated gt, prior to issuance ofaa building permit or manufactured/ mobile home installation permit. The determination shall be made.no more than forty five (45) days after complete documentatien.is sub- mitted to the City Clerk, or his or her duly designated agent. Any appeal from such a determination by the City Clerk, or his or her duly designated agent, shall be pursuant to Section 7-6-11 of this Chapter. (Ord. 345, 5-11-1999) Section 9. Err7-6-11 Auneala- f aptor. D. Fill Fee: The fee for filing an appeal shall be established by resolution of the kdg u F. Thnhhhp FFFFa cn.qr p (p 'hall schedule th ap al he:rina befor th itv Cp Incjl as J.l • •fliflPr r 14--•I - • Ir - . - • • - - 11" Fi nm rrar i• • 7- , • e a ��er I. 1 �, • L ,� i • i • •,�c --u 4 •,11•(i1I- •,i ;� , - • f it p t' •r sion. The wr • en . ec s on • e ounr s a .e mar - • • e - - 15a - artifice ai , re rerainf .un. rn + ,I sectiones to ECC 7-6-13 Addendum "A" entified "Development Impact Fee Study" dated May 11, 1999 August 20, 1999, along with all footnotes, exhibits, appendices, and other attachments rererencea merein, all of which are by this reference incorporated herein as if set forth fully. A description of acceptable levels of service for park system improvements is described in the "Study." Impact fees will not be I m.:17a771i.14Y riFTdllirxigrom-iuu. ■i . • - . 1 • 4.1 i .:Iasi' i.Aiti� e. .t 10 Ion Q fieIgi� ani Idaho Cgd.8 § 67-g2)1. • ' , This ordinance shat be published in full or in summary in one (1) issue of the-VeIIey News Idaho StatgBrntn, a newspaper of general circulation published within the City of Eagle andofficial the ocia newspaper thereof, and shall be in full force and take effect on thirty days from the date of publication. Approved by the Mayor and City Council this 23rd day ofNovember, 1999. Rick Yzaguirre, Mayor Attest Sharon K. Moore, City Clerk Pub. Nov. 30,1999 RECEIVED & FILED CITY OF EAGLE U C U 3 1999 Rlo: Route to: