HomeMy WebLinkAboutOrdinance 17442-03-2007ORDINANCE NO. 17442-03-2007
AN ORDINANCE AMENDING CHAPTER 25, "PLANNING" OF
THE CODE OF THE CITY OF FORT WORTH (1986), AS
AMENDED, BY AMENDING SECTION 25-1 TO CORRIECT
PREVIOUSLY ADOPTED FEES FOR DEVELOPMENT
APPLICATIONS SERVICES; 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, City Plan
Commission and Zoning Commission.
(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:
(1) Variance:
a. Residential (owner-occupied) .. $187.00*
b. Nonresidential...$374.00*
(2) Special exception ... $400.00*
a. Front Yard Carports...$187.00
b. Fee waived non-profit recycling collection facilities
(3) Interpretation request ... $429.00
* Pius an additional sixty dollars ($60.00) for each additional
variance or special exception requested in same application.
(2) City Plan Con~unission:
(1) Plats:
a. Concept plan ... $880.00
b. Preliminary plat:
1. Less than 75 acres ...$676.00
2. 75 acres or more ...$676.00*
(*Plus $11.00 per each acre over 75 acres)
Plat Size
18" x 24" 24" X 36"
(2) Final Plat
a. Fewer than 3 lots $319.00 $341.00
b. 3 lots or more $319.00* $341.00*
(*Plus $17.00 per lot over 3 lots)
(3) Re-plat (With Public Hearing)
a. Fewer than 3 lots $457.00 $473.00
b. 3 lots or more $457.00* $473.00*
(*Plus $17.00 per lot over 3 lots)
(4) Short Form Replat
a. Fewer than 3 lots $319.00 $341.00
b. 3 lots or more $319.00* $341.00*
(*Plus $17.00 per lot over 3 lots)
(5) Plat Vacation
$457.00 $473.00
(6) Plat Correction $61.00 $77.00
Filing fees with the county: Collection of filing fees for the appropriate
county will be in addition to the fee rates above.
(3) Vacations or Closures, ROW, Emergency and Public access easements
a. Street and alley vacations ... $676.00
b. Public access or emergency easement vacation ... $407.00
c. Community facilities contract fee ... $440.00
d. Street name change ... $682.00
(4) Annexation:
a. 75 acres or less ... $682.00
b. More than 75 acres ... $682.00*
(*Plus $6.00 per acre over 75 acres)
c. Limited purpose annexation ... $2,970.00
(5) MTP -Amendment
Master Thoroughfare Plan Change $676.00
(6) Zoning Commission:
(1) Zoning application:
a. Less than 1 acre ...$924.00(*)(**)
b. 1-5 acres ... $1,232.00*
a. More than 5 acres ... $1,870.00*
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(2) Special zoning hearing by City Council....$374.00
(3) Zoning Verification Letter........$22.00
(4) Planned Development (PD) Site Plan.......$803.00*
Notes:
* Designated fee shall be twice the amount shown when double noticing
and special City Council consideration is required or requested, apart
front the normal processing schedule. Double Fee extra charge is not
exempt of incentive programs granted to the project.
** For application requests of less than 1 acre in size, when down-
zoning to one or two family districts that is consistent with the most
current adopted Comprehensive Plan, a fee of $429.00 is required.
(7) "HC" Historic and Cultural Landmarks District ... No Fee
(8) "CD" Conservation District ... $126.00
(9) Unified Residential Site Plan
(a) New:... $616.00
(b) Revised:... $308.00
(10) Variance Request to City Council ... $330.00
(11) Hearing Continuance $187.00
At applicant's request (after public notice)
Re: Board of Adjustment, Plan Commission and Zoning
Corrunission public hearings.
(12) Application for Specialized Certificate of Occupancy related to Sexually
Oriented Businesses
a. New:... $660
b. Amended, modified, renewal or transfer:..... $330
(13) Historic and Cultural Landmarks Commission, for appeal hearing before
Appeals Board ...............$295.00
(14) Downtown Design Review Board, for appeal hearing before Appeals
Board .................. $295.00
(b) No fmal approval of a plat shall be given by the City Plan Commission of the city
unless and until a receipt is furnished 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; and 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.
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
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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.
SECTI®N 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.
SECTI®N 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.
SECTI®N 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 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
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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 upon adoption and publication as required by law.
APPROV AS TO FO AND LEGALITY
Assistant City Atto ey
ADOPTED: March 20 2007
EFFECTIVE: , CTV~./~
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City of Fort VI/orth9 Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/20/2007 -Ordinance No. 17442-03-2007
DATE: Tuesday, March 20, 2007
LOG NAME: 06CORRECT FEES
REFERENCE NO.: **G-15630
SUBJECT:
Adoption of Ordinance to Correct Previously Adopted Fees for Development Applications Services
in the Development Department
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance confirming various fees retroactively
to January 9, 2007, related to the following services:
1. Annexation, City Council variances and miscellaneous fees;
2. Zoning fees; '
3. Plat and applications fees for Plan Commission actions;
4. Board of Adjustment variances or special exceptions for residential uses;
5. Board of Adjustment variances or special exceptions for commercial uses; and
6. Specialized Certificate of Occupancy Related to Sexually Oriented Businesses.
DISCUSSION:
On September 26, 2006, (M&C G-15417) the City Council adopted a fee increase for the services provided
by the Applications Division of the Development Department. The action resulted in a 10 percent increase in
response to recommendations from the Zucker Study of development processes in the City of Fort Worth.
The increase is intended to be an interim measure until a fee study is completed by the same consultant.
On January 9, 2007, (M&C G-15552 and G-15568) the City Council approved a correction to the numbering
of the same ordinance that had inadvertently overwritten the fees for the Historic and Cultural Landmarks
Commission appeals and Downtown Design Review Board appeals. In addition, the Council added
language to allow fee waivers when appropriate and consistent with other City policies. Although the intent
of these ordinances was clear, the fee schedules erroneously reverted to the rates in place prior to the 10
percent increase. The attached ordinance will correct these errors and incorporate the correct language and
fees from all three preceding ordinances.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the adoption of this ordinance will have no material effect on City Funds.
Logname: 06CORRECT FEES Page 1 of 2
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~ Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Susan Alanis (8180)
Logname: 06CORRECT FEES Page 2 of 2