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Ordinance 22373-08-2016 ORDINANCE NO. 22373-08-2016 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING ARTICLE XII "FEE SCHEDULES", SECTION 2-321 "DEVELOPMENT APPLICATION FEES" TO REVISE FEES AND ADD FEES FOR CERTAIN SERVICES RELATED TO DEVELOPMENT, ZONING AND PLATTING APPLICATION FEES; AND PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it appropriate to amend the fee schedule as it relates to services rendered for development, zoning and platting application fees; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 2, of the City Code of the City of Fort Worth, Article XII "Fee Schedules", Section 2-321 "Zoning and platting application fees", is amended to revise certain fees and add certain fees, and to renumber and reorganize some of the section to read as follows: Sec. 2-321. Development Application Fees. (a) For services rendered, the following schedule of fees and charges is hereby adopted; provided, however, that such fees may be waived or refunded by action of the city council in accordance with policies adopted by the city council: APPLICATION FEES (1) Zoning Board of Adjustment: a. Variance: 1. Residential (owner-occupied) $300.00* 2. Nonresidential $500.00* Sec.2-321 Fee Revision 2016 Ordinance No.22373-08-2016 Page 1 of 7 b. Special exception: 1. Residential (owner-occupied) $400.00* 2. Nonresidential $750.00* 3. Fee waived non-profit recycling collection facilities c. Interpretation request $400.00 * Plus an additional one hundred fifty dollars ($150.00) for each additional variance or special exception requested in same application. (2) City Plan Commission: a. Plats: 1. Concept plan $900.00 2. Preliminary plat $770.00* (*Plus $20.00 per each acre non-residential) (*Plus $10.00 per lot residential) 3. Final Plat $385.00* (*Plus $20.00 per lot residential) (*Plus $20.00 per acre non-residential) (Plat revisions after 1St) $220.00 4. Re-plat (With Public Hearing) $500.00* (*Plus $20.00 per lot residential) (*Plus $15.00 per acre non-residential) (Plat revisions after 1") $220.00 5. Short Form Plat $385.00* (*Plus $20.00 per lot residential) (*Plus $15.00 per acre non-residential) (Plat revisions after 1") $220.00 6. Plat Vacation $400.00 7. Plat Correction $50.00 8. Conveyance Plat $200.00 Sec.2-321 Fee Revision 2016 Ordinance No.22373-08-2016 Page 2 of 7 9. Other matters of business $220.00 Filing fees with the county: Collection of filing fees for the appropriate county will be in addition to the fee rates above. (3) Community facilities application fee $1,750.00 (4) Street name change $700.00 (5) Vacations or Closures, ROW, Emergency and Public Access Easements: a. Street and alley vacations $700.00 b. Public access or emergency easement vacation $400.00 (6) Annexation: a. 75 acres or less $700.00 b. More than 75 acres $700.00* (*Plus $10.00 per acre over 75 acres) c. Limited purpose annexation $3,000.00 (7) MTP-Amendment: Master Thoroughfare Plan Change $700.00 (8) Zoning Commission: a. Zoning application: 1. Less than 1 acre $1,200.00(*) (**) (** For application requests of less than one acre in size, when down-zoning to a one- or two-family district that is consistent with the most current adopted Comprehensive Plan, a fee of only $450.00 is required.) 2. 1 - 5 acres $1,500.00* 3. 5.01- 10 acres $1,800.00* 4. 10.01 - 25 acres $2,200.00* 5. 25.01 or more acres (base fee) $2,200.00*(***) (***Plus $50.00 per acre, not to exceed $6,000.00) b. Vendor permit: holiday and 10-day $50.00 c. Zoning Verification Letter $50.00 d. Planned Development (PD) Site Plan $800.00* Sec.2-321 Fee Revision 2016 Ordinance No.22373-08-2016 Page 3 of 7 e. Administrative Site Plan Amendment $250.00 f. "HC," "HSE,"and "DD"Historic and Cultural Landmarks District No Fee g. "CD"Conservation District No Fee Note: *Designated fee shall be twice the amount shown when double noticing and special city council consideration is required or requested, apart from the normal processing schedule. Double Fee charge is not exempt of incentive programs granted to the project. (9) Unified Residential Site Plan: a. New $600.00 b. Revised $300.00 (10) Alcohol a. Variance Request to City Council $500.00 b. Distance Check $50.00 (11) Hearing Continuance $200.00* *At applicant's request (after public notice) of Board of Adjustment, City Plan Commission and Zoning Commission public hearings. (12) Application for Specialized Certificate of Occupancy related to Sexually Oriented Businesses: a. New $700.00 b. Amended, modified, renewal or transfer $500.00 (13) Appeals: a. Historic and Cultural Landmarks Commission $300.00 b. Downtown Design Review Board $300.00 c. Urban Design Commission $300.00 (14) Parkway permit: a. Commercial $150.00 b. Residential $100.00 (15) Newsrack Permit Fees $20.00 Sec.2-321 Fee Revision 2016 Ordinance No. 22373-08-2016 Page 4 of 7 Application fee per applicant plus, per newsrack $5.00 (16) Urban forestry. a. Application fee for staff review: 1. Base fee: First five acres (up to 5.00), including one revision $250.00 2. Additional acreage: 5.01 acres and over, per acre above base fee $15.00 3. Additional revisions (each) $100.00 The acreage will be based on the preliminary plat or site plan, whichever is appropriate, at the time of submission of the Urban Forestry Plan. b. Application fee for appeal hearing before Urban Design Commission $300.00 (17) Traffic Control Review Plan $100.00 (18) Door to Door Vendor $50.00 (19) Pre-submittal meeting $250.00 (20) Unified Sign Agreement $1,500.00 (21) Special Districts (MUDS/WCIDS) a. Petition $15,000.00 b. Agreement amendments $10,000.00 (22) Paper filing fee $50.00* *Additional fee assessed for any development application that can be submitted online. (b) No final approval of a plat shall be given by the City Plan Commission of the City unless and until a receipt is furnished to the secretary of such commission showing that the fee provided for in this section has been paid; no petition shall be docketed with the Zoning Commission of the City unless and until a receipt has been furnished to the secretary of such commission showing that the fee provided for in this section has been paid; no application for relief shall be docketed with the Board of Adjustment of the City unless and until a receipt is furnished the secretary of such board showing that the fee provided for in this section has been paid and no petition shall be docketed with other boards and commissions of the City unless and until a receipt has been furnished to the secretary of such commission and boards showing that the fee provided for in this section has been paid. Sec.2-321 Fee Revision 2016 Ordinance No.22373-08-2016 Page 5 of 7 SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 13896, Ordinance 21653 or any other ordinances affecting zoning which have accrued at the time of the effective Sec.2-321 Fee Revision 2016 Ordinance No.22373-08-2016 Page 6 of 7 date of this ordinance, and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Government Code Subsection 52.013. SECTION 7. This ordinance shall take effect on October 1, 2016 and after publication as required by law. APPROVED AS TO FORM AND LEGALITY By: 4 Assistant City Attorney Mary Kays , ity Secretary ADOPTED: Auyust 30, 2016 EFFECTIVE:��v b t� 6'�I 0 Sec.2-321 Fee Revision 2016 Ordinance No.22373-08-20 i 6 Page 7 of 7 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/30/2016 - Ordinance No. 22372-08-2016 & 22373-08- 2016 DATE: Tuesday, August 30, 2016 REFERENCE NO.: G-18805 LOG NAME: 06PLNDEVFEES FY2017 SUBJECT: Adopt Ordinances Adjusting Planning and Development Fees Related to Special Plan Review and Inspection Services, Community Facility Agreements, Parkway Permits, Zoning, Platting, Special Districts, and Applications (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt ordinance revising certain fees in the building, residential, mechanical, plumbing, electrical, and Sign Codes of the City of Fort Worth; and 2. Adopt ordinance revising fees in Article X1 I, Fee Schedules of Chapter 2 Administration of the City of Fort Worth relating to development, zoning and platting applications. DISCUSSION: The Planning and Development Department provides application, permit, and inspection services for land development and building development in Fort Worth. Every two years, Staff reviews development related fees to determine if they adequately cover the cost of the associated services. The last major fee adjustment for the above-referenced services occurred on April 1, 2014 (M&C G-18167, Ordinance Nos. 21189-04-2014 and 21190-04-2014) following Staff reviews and meetings with various stakeholder groups in the development community. For the current proposed adjustments, Staff again conducted an internal review and then met with impacted stakeholder groups, including the Real Estate Council of Greater Fort Worth, representatives of the Greater Fort Worth Builders Association, and the Development Advisory Committee to discuss the proposed fee adjustments. The proposed fee adjustments are all below regional or national median levels and enjoy general support among stakeholders. Staff recommends that the City Council approve the fee changes to enable the Planning and Development Department to continue to improve development processes and enhance customer service. It is expected that the fee adjustments will result in approximately $535,000.00 in additional revenue. This revenue is assumed in revenue projections for the Fiscal Year 2017 budget. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department will be responsible for the collection and deposit of funds due to the City. Logname: 06PLNDEVFEES FY2017 Page 1 of 2 FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chart field 2 FROM Fund Department ccoun Project Program ctivityl Budget Reference # �mounl ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Dana Burghdoff (8018) Logname: 06PLNDEVFEES FY2017 Page 2 of 2