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DRAFT 3 3/3/2010 Page 1 of 3 ORDINANCE NUMBER AN ORDINANCE AMENDING CHAPTER 15.66 MISSOULA MUNICIPAL CODE ENTITLED “DEVELOPMENT IMPACT FEE PROCEDURES AND REQUIREMENTS” BY REVISING SECTION 15.66.120, MISSOULA MUNICIPAL CODE, ADDING SUBPARAGRAPH NO. 4 TITLED “DOWNTOWN TRANSPORTATION IMPACT FEE” TO ESTABLISH A TRANSPORTATION IMPACT FEE REDUCTION CALCULATION FOR COMMERCIAL AND RESIDENTIAL NEW DEVELOPMENT IN THE DOWNTOWN AREA AND ADDING EXHIBIT DEFINING THE BOUNDARY OF THE DOWNTOWN AREA OF THE CITY OF MISSOULA FOR TRANSPORTATION SYSTEM IMPROVEMENTS WITH NEW DEVELOPMENT; TO BE EFFECTIVE 30 DAYS FROM THE DATE THIS ORDINANCE IS ADOPTED. BE IT ORDAINED THAT CHAPTER 15.66 OF THE MISSOULA MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 15.66.120 MISSOULA MUNICIPAL CODE AND ADDING EXHIBIT DESCRIBING THE DOWNTOWN AREA BOUNDARY AS FOLLOWS: 15.66.120 TRANSPORTATION IMPACT FEE. 1. Transportation Impact Fee for Residential Development. a. All new residential development within the City of Missoula shall be subject to the payment of a transportation impact fee payable pursuant to this Chapter, as follows: Development Type Square Feet Fee per DU Single Dwelling Unit, Detached and Mobile Home less than 1200 $ 814 Single Dwelling Unit, Detached and Mobile Home 1200-1299 $ 871 Single Dwelling Unit, Detached and Mobile Home 1300-1399 $ 923 Single Dwelling Unit, Detached and Mobile Home 1400-1499 $ 972 Single Dwelling Unit, Detached and Mobile Home 1500-1599 $ 1,017 Single Dwelling Unit, Detached and Mobile Home 1600-1699 $ 1,060 Single Dwelling Unit, Detached and Mobile Home 1700-1799 $ 1,100 Single Dwelling Unit, Detached and Mobile Home 1800-1899 $ 1,138 Single Dwelling Unit, Detached and Mobile Home 1900-1999 $ 1,174 Single Dwelling Unit, Detached and Mobile Home 2000-2099 $ 1,209 Single Dwelling Unit, Detached and Mobile Home 2100-2199 $ 1,241 Single Dwelling Unit, Detached and Mobile Home 2200-2299 $ 1,273 Single Dwelling Unit, Detached and Mobile Home 2300-2399 $ 1,303 Single Dwelling Unit, Detached and Mobile Home 2400-2499 $ 1,331 Single Dwelling Unit, Detached and Mobile Home 2500-2599 $ 1,359 Single Dwelling Unit, Detached and Mobile Home 2600-2699 $ 1,386 Single Dwelling Unit, Detached and Mobile Home 2700-2799 $ 1,411 Single Dwelling Unit, Detached and Mobile Home 2800-2899 $ 1,436 Single Dwelling Unit, Detached and Mobile Home 2900-2999 $ 1,459 Single Dwelling Unit, Detached and Mobile Home 3000-3099 $ 1,483 Single Dwelling Unit, Detached and Mobile Home 3100-3199 $ 1,505 Single Dwelling Unit, Detached and Mobile Home 3200 or larger $ 1,505 All Other Housing $ 733 2. Transportation Impact Fee for Nonresidential Development. a. All new nonresidential development within the City of Missoula shall be subject to the payment of a transportation impact fee payable pursuant to this Chapter, as follows: Development Type Square Feet (SF) Feet per 1,000 SF of Total GFA Commercial/Shopping Center 50,000 or less $ 3,205 Commercial/Shopping Center 50,001 to 100,000 $ 3,205 Commercial/Shopping Center 100,001 to 200,000 $ 2,743 Commercial/Shopping Center 200,000 and over $ 2,331 Business Park $ 664 ---PAGE BREAK--- DRAFT 3 3/3/2010 Page 2 of 3 Development Type Square Feet (SF) Feet per 1,000 SF of Total GFA Medical-Dental Office Building $ 2,849 Office/Institutional 25,000 or less $ 1,447 Office/Institutional 25,001 to 50,000 $ 1,234 Office/Institutional 50,001 to 100,000 $ 1,052 Office/Institutional 100,000 or more $ 1,052 Hospital $ 1,385 Mini-Warehouse $ 197 Industrial $ 550 Warehousing $ 391 Manufacturing $ 301 3. Transportation Impact Fee for Nonresidential Development per Unique Demand Indicator. a. All new nonresidential development with a unique demand indicator within the City of Missoula shall be subject to the payment of a transportation impact fee payable pursuant to this Chapter, as follows: Development Type Unique Indicator Fee per Indicator Nursing Home (per bed) Number of beds $ 187 Daycare (per student) Number of students $ 170 Secondary School (per student) Number of students $ 97 Elementary School (per student) Number of students $ 67 Lodging (per room) Number of rooms $ 444 4. Downtown Transportation Impact Fee a. Based on study and analysis, the Transportation Impact Fee for residential development contained within the Downtown Transportation Impact Fee boundary (see Exhibit A) has been calculated to be a lesser amount and therefore, pursuant to this review and analysis, shall be reduced by multiplying the calculated Transportation Impact Fee per 15.66.120 (1a) by a factor of 0.58 for single dwelling unit and 0.67 for all other housing. b. Based on study and analysis, the Transportation Impact Fee for non-residential development contained within the Downtown Transportation Impact Fee boundary (see Exhibit A) has been calculated to be a lesser amount and therefore, pursuant to this review and analysis, shall be reduced by multiplying the calculated Transportation Impact Fee per 15.66.120 (2a) and (3a) by a factor of 0.76. c. The Transportation Impact Fee has only been in existence for approximately two years, since January 1, 2008, and as a result of additional analysis and review, a reduced impact fee has been calculated within the Downtown Transportation Impact Fee boundary. Therefore, the City Council hereby declares that in the interest of fairness and equity, this reduced Downtown Transportation Impact Fee should apply to all previous calculations since this fee was originally adopted January 1, 2008. Appropriate refunds for overpayments shall be issued based on the new Downtown Transportation Impact Fee adopted pursuant to this ordinance. SEVERABILITY If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, phrase and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. ---PAGE BREAK--- DRAFT 3 3/3/2010 Page 3 of 3 PASSED by vote and; APPROVED by the Mayor this of , 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor (SEAL)