City Council Minutes 2004 01 06 - Laserfiche WebLink

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Louisville City Council Meeting January 6, 2004 Page 5 of 12 ORDINANCE NO. 1436, SERIES 2003 - AN ORDINANCE REPEALING AND REENACTING CHAPTER 3.18 OF THE LOUISVILLE MUNICIPAL CODE TO ESTABLISH DEVELOPMENT IMPACT FEES FOR MUNICIPAL CAPITAL FACILITIES, POLICE CAPITAL FACILITIES, AND TRANSPORTATION CAPITAL FACILITIES - 2nd reading - public hearing (advertised Daily Camera 12/20/03) Mayor Davidson called for City Attorney introduction. City Attorney Light read Ordinance No. 1436, Series 2003. Mayor Davidson called for Staff presentation. Assistant City Manager for Governmental Relations Heather Balser reviewed Ordinance No. 1436, Series 2003, which establishes new development impact fees. The highlights of the ordinance are as follows: There are three discreet fees proposed: the Municipal Capital Facilities Fee, the Police Capital Facilities Fee and the Transportation Capital Facilities Fee · Any person who causes the commencement of impact-generating development shall be obligated to pay the Impact Fees at the time of issuance of a building permit · The Impact Fee Schedule sets forth the fees for the various types of land uses · The ordinance provides mechanisms for independent fee study calculations and credits, for use in appropriate circumstances · The ordinance contains an exemption for low income housing should City Council desire to do so · Repeal of the Community Investment Fee Balser explained new development in the City is placing and is projected to place an increased demand upon the City's municipal capital facilities, police capital facilities and transportation capital facilities. The impact fees are based on the Impact Fee Study and assumptions and standards. The impact fees are no greater than necessary to defray the projected impacts directly related to proposed new development. The ordinance creates a system under which impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by the City to construct City municipal capital facilities, police capital facilities and transportation capital facilities to serve new development in ways that benefit the development that paid each fee within a six-year period after the fee is paid. Impact fees may not cover the entire cost of improvements thus necessitating a plan for the City to cover the shortfall. Currently, the Capital Improvement Project Funds covers the full cost of the associated improvements without any revenue from impact fees, pending Council action. She noted the seconding reading version of the Ordinance contains some amendments to Sections 3.18040 C and 3.18.100 H to clarify the authority of the Planning Director to determine the applicable fee