HomeMy WebLinkAboutOrdinance 20086-03-2012CITY OF FORT WORTH, TEXAS
ORDINANCE NO. 20086-03-2012
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF FORT WORTH, TEXAS (1986) AS AMENDED, BY
AMENDING ARTICLE VIII, TRANSPORTATION IMPACT FEES,
CHAPTER 30, STREETS AND SIDEWALKS, TO PROVIDE A
WAIVER FROM THE TRANSPORTATION IMPACT FEE FOR
CHANGE OF USE PROJECTS AND PROVIDING DEFINITIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, subsequently
amended and adopted as Chapter 395 of the Local Government Code authorizing impact
fees for "roadway" facilities; and
WHEREAS, on May 13, 2008, the City of Fort Worth adopted Ordinance No. 18083 -05-
2008 creating a Transportation Impact Fee program, subsequently codified under Chapter
30, Streets and Sidewalks, Article VIII, Transportation Impact Fees; and
WHEREAS, the City Council desires to promote the reuse of existing buildings and
infrastructure where appropriate; and
WHEREAS, the development community is concerned that the assessment of
transportation impact fees on change of use projects is discouraging the reuse of existing
buildings; and
WHEREAS, the City Council finds that the reuse of existing structures via change of use
permits promotes sustainable development; and
WHEREAS, the City Council finds that it is advisable to provide relief from
Transportation Impact Fees for certain change of use projects.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
Ordinance No. 20086 -03 -2012
Pagel of 3
SECTION 1.
That the Code of Ordinances, City of Fort Worth, Texas (1986), as amended, is hereby
further amended by amending Article VIII, Transportation Impact Fees, Chapter 30,
Streets and Sidewalks, Division 1, General Provisions, Section 30 -154, Definitions to add
in alphabetical order:
Change of use means a new development involving a change in use or occupancy
of any existing structure that has the effect of increasing the number of service
units beyond those attributable to the immediately preceding use, which requires
the issuance of a new building permit, and which may include but is not limited to
the reconstruction, redevelopment, conversion, structural alteration, or
enlargement of any structure.
SECTION 2.
That the Code of Ordinances, City of Fort Worth, Texas (1986), as amended, is hereby
further amended by amending Article VIII, Transportation Impact Fees, Chapter 30,
Streets and Sidewalks, Division 4, Update and Relief Procedures, Section 30 -195,
Waivers and exemptions to add:
(c) A change in use that generates less than 10 times the number of service units
attributable to the immediately preceding use is exempt from the payment of
impact fees.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances 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.
Ordinance No. 20086-03-20121
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SECTION 4.
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 void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or 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
void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
This ordinance shall take effect and be in full force and effect from and after its passage, and
it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
Z2���(w
Assistant City Attorney
M &C: G -17534
ADOPTED: March 6, 2012
Ordinance No. 20086 -03 -2012
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/6/2012 - Ordinance No. 20086 -03 -201`2
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DATE: Tuesday, March 06, 2012 REFERENCE NO.: G -17534
LOG NAME: 06TRANS IMP FEE CHANGE OF USE WAIVER
SUBJECT:
Adopt Ordinance Amending the Transportation Impact Fee Regulations to Add a Waiver for Change -of -Use
Projects (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Transportation Impact
Fee Regulations in order to provide a waiver from the transportation impact fee for certain change of use
projects.
DISCUSSION:
The City Council adopted the Transportation Impact Fee Regulations, Ordinance 18083 -05 -2008, on May
13, 2008, (M &C G- 16122) in order to assure the provision of adequate transportation facilities to serve
new development. The Ordinance applies to all new development within the corporate boundaries of the
City, including construction, reconstruction, redevelopment, conversion, relocation and expansion projects.
The Blue Ribbon Task Force (Task Force) on Transportation Infrastructure was created in 2010 to study
and evaluate alternative transportation funding methods and recommend a five -year Local Transportation
Funding Plan. The Task Force recommended a series of actions to provide adequate and dedicated
funding for transportation infrastructure, including reallocating four cents of the property tax rate from
operations and maintenance to debt service over four years, increasing the average transportation impact
fee, and creating a transportation service charge. In addition to the above recommendations related to
increasing revenues, the Task Force also recommended a waiver from transportation impact fees for
change of use projects as a companion to the recommended increase in the average transportation
impact fee.
Although no increase of the transportation impact fee has yet been adopted, the real estate community,
the Development Advisory Committee, and the Capital Improvements Advisory Committee for
Transportation Impact Fees (CIAC) are concerned that the assessment of transportation impact fees on
change -of -use projects is discouraging the reuse of existing buildings in a depressed market. This issue
has also been raised as part of the Development Process Improvements project to simplify development
issues. The proposed waiver for change of use projects supports the City's policy of promoting sustainable
development through the reuse of existing buildings and has the unanimous support of the CIAC. While
the change -of -use projects account for approximately three percent of total impact fee collections having
generated roughly $410,000.00 to date, they accounted for a vast majority of (65 percent) of impact fee
appeals. The proposed waiver will allow staff to be more effective in the overall program administration
and other development process duties.
Projects that increase traffic demand by a factor of 10 or more would not be eligible for the proposed
waiver. Such projects are rare, but may occur when the use of an existing building is changed from a
relatively low traffic generator, such as warehousing, to one of the most intense traffic generating uses,
Logname: 06TRANS IMP FEE CHANGE OF USE WAIVER Page 1 of 2
such as drive - through banking, fast food restaurant, or movie theater.
The proposed amendments to the Transportation Impact Fee Regulations include the addition of an
explanatory clause regarding the promotion of sustainable development, the addition of a definition of
change -of -use projects, and the creation of a waiver from the collection of transportation impact fees for
eligible change -of -use projects.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
Randle Harwood (6101)
Kate Beck (7918)
Logname: 06TRANS IMP FEE CHANGE OF USE WAIVER Page 2 of 2