The URL can be used to link to this page

Home My WebLink AboutCP 250 CIT FO WO , TEXAS e1 0 � uo Q. COUNCIL PROPOSAL Date:1111105 File Number: Subject: Adoption of Ordinance Waiving the Board of Adjustment Special Exception Application Fee for Non—Profit Recycling Collection Facilities 250 Proposed By: Becky Haskin City Manager's Review: Page: City Attorney's Review: PAGE 1 OF 2 PROPOSAL: It is proposed that the City Council adopt the attached ordinance waiving the Board of Adjustment application fee for special exceptions for non-profit recycling collection facilities. DISCUSSION: The Fort Worth Zoning Ordinance restricts the location of recycle collection facilities to industrial zoning districts. Collection facilities can be allowed by special exception from the Board of Adjustment in Commercial zoned districts of"E" Neighborhood Commercial through "H" Central Business District. The allowance of special exception is outline by section 5.130 of the Zoning Ordinance and states the following: Recycling Collection Facility — Automated collection vending machines and small collection facilities,not to exceed 500 square feet, for recycling aluminum cans, glass,grocery bags,plastic bottles, magazines, newspapers and other comparable materials may be permitted in accordance with the use tables in Chapter 4,Articles 6 and 8 subject to the following: 1) Required off-street parking is not diminished; and 2) The Board of Adjustment finds the size, location and design of the machine or facility is compatible with surrounding uses. Non-profit entities partner with commercial establishments to place recycling facilities throughout the city to collect goods for their resale and donation programs. The waiver of the application fee related to special exception applications will allow the non-profit entity to direct these resources to other programs and operations within their organization. The proposed waiver of the special exception fees will remove a disincentive for non-profit entities that want to place multiple recycling facilities around the City. LEGALITY: The Department of Law finds that this proposal is legal and that it is within the authority of the City Council. FISCAL NOTE: In order to refund the seven applications received from non-profit entities in 2004, O LEGALITY 0 FISCAL NOTE 0 CITY MANAGER'S COMMENTS 13 CITY POLICIES MANUAL CIT FO TWO , TEXAS I of o � o o. COUNCIL PROPOSAL Date:1111105 File Number: Subject: Adoption of Ordinance Waiving the Board of Adjustment Special Exception Application Fee for Non-Profit Recycling Collection Facilities 250 Proposed By: Becky Haskin City Manager's Review: Page: City Attorney's Review: PAGE 2 OF 2 the value of the requested refund and waiver is estimated to 42,450. The Finance Director certifies that the approval will not require the appropriation of additional funds at this time. CITY MANAGER'S COMMENT: ' During the past two years, staff has provided increased enforcement of the City Code that restricts the location of these facilities. Council ember Sporkor Co u cilmember onsor APPROVED CITY COUNCIL JAN 1 1 1005 ,M City of Fort WorB`*=S ❑ LEGALITY ` ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL AW, ORDINANCE NO. 25 AN ORDINANCE AMENDING CHAPTER 25, "PLANNING" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING SECTION 25-1 TO WAIVE THE FEES RELATED TO SPECIAL EXCEPTION APPLICATIONS FOR NONPROFIT RECYCLING COLLECTION FACILITIES; 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. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 25 of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended by revising Section 25-1 to read as follows: Sec. 25-1. Application fees charged by Zoning Board of Adjustment, Plan Commission and Zoning Commission. (a) For services rendered,the following schedule of fees and charges is hereby adopted: APPLICATION FEES (1) Zoning Board of Adjustment: (1) Variance: op", a. Residential (owner-occupied) . . $170.00* b. Nonresidential . . .$300.00* (2) Special exception . . . $365.00* a. Front Yard Carports,...$170.00 b. Fee waived non-profit recycling collection facilities (3) Interpretation request . . . $390.00 * Plus an additional fifty-five dollars ($55.00) for each additional variance or special exception requested in same application. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), 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 S. , 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 or any other ordinances affecting zoning which have accrued at the time of the effective 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. 2 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 be retroactive to January 1, 2004 after adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY By. — ssistant City A torney ADOPTED: EFFECTIVE: r 3