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HomeMy WebLinkAboutIR 8920INFORMAL REPORT TO CITY COUNCIL MEMBERS To the Mayor and Members of the City Council No. 8920 March 18, 2008 Page 1 of 2 SUBJECT: TRANSPORTATION IMPACT FEE ADOPTION AND IMPLEMENTATION On February 12, 2008, the City Council conducted a public hearing on the land use assumptions and capital improvements plan associated with a study of proposed transportation impact fees. On February 19d, (M &C G- 16057), the Council adopted those study assumptions and directed City staff to prepare a proposed transportation impact fee ordinance for consideration at a public hearing to be held by the Council on April 22"d Since that time, staff has been meeting with the Development Advisory Committee (DAC) to evaluate the financial impact of the proposed ordinance to both the City and the development community. On March 10'h, DAC unanimously endorsed the key provisions of the ordinance as follows. • In order to reduce large variations of actual fees across service areas, staff is recommending the assessment of $1,500 per single- family dwelling unit or $248 per vehicle -mile for all land uses for most service areas. Of the 27 service areas, eight would have no fees and two would be charged less than $1,500 to comply with the maximum assessable rate for the area. As a result, the percentage of the maximum assessable rate applied will vary across service areas. • Developers will be required to pay for the greater of the cost of construction for immediate demands of the development under the Community Facilities Agreement Policy or the impact fee. • Developers will receive credits toward impact fees, not to exceed 100% of the maximum assessable fee, for developer constructed facilities that meet the impact fee criteria. They will also receive credits if they construct thoroughfares in anticipation of future development, such as master- planned developments. • Fees collected will be used within the service area and only for expanded capacity needs for new development on roadways defined in the Master Thoroughfare Plan, including land acquisition, construction, engineering fees and debt service among other costs. • As part of the Comprehensive Plan Incentives Policy, discounts shall be available for developments that are sited adjacent to existing adequate public facilities, projects that are designed to reduce vehicle trips for their land use, and developments that represent an extraordinary investment from an economic development standpoint. The maximum cumulative reduction is eighty percent. • Existing projects that have been final platted will have two years to pull building permits before fees will be due to the City. They are vested under State law for at least one year, but the development community desired additional time to complete on -going subdivisions. Developers may also seek credit for the construction of excess capacity that preceded the adoption of this ordinance. The proposed rates range from 12% to 100% of the maximum accessible fee and approximate an average collection rate of 27% of the maximum fee. Analysis by the City's consultant preliminarily concludes that the total fees collected by the City and value in constructed facilities will be slightly net positive. The total cost to developers is expected to generally be neutral although allocated more equitably across all projects. A draft of the proposed ordinance is attach. ISSUED BY THE CITY MANAGER FORT WORTH. TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8920 To the Mayor and Members of the City Council March 18, 2008 AM T -41 Page 2 of 2 SUBJECT: TRANSPORTATION IMPACT FEE ADOPTION AND „T, IMPLEMENTATION The March 18th agenda includes a resolution to schedule a public hearing on the proposed ordinance on April 22"d. Per Chapter 395 of the Texas Local Government Code, a 30-day notice of the public hearing will be placed in the Fort Worth Star - Telegram. The City Plan Commission, acting as the City's Capital Improvements Advisory Committee for Transportation Impact Fees, will consider the proposed ordinance on March 26th and making appropriate recommendations for your consideration. The City Council will be asked to consider adopting the transportation impact fee ordinance on April 29th. State law requires the City Council to approve or disapprove the transportation impact fee ordinance within 30 days of the April 22 public hearing. If the Council chooses not to act within that timeframe, then an additional public hearing in accordance with the prescribed procedures would be necessary. Upon adoption, the Planning and Development Department will coordinate customer service for the transportation impact fee program. The Transportation and Public Works Department will retain authority over the Master Thoroughfare Plan, determining whether each developer constructs adjacent arterials and/or pays the fee, and the use of impact fee funds. Fees will be calculated and assessed at the platting stage but will be collected at the building permit phase. Please feel free to contact Fernando Costa if you have additional questions. Dale A. Fi e r, P. E. City Manager Attachment (Draft Ordinance) ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS 3/13/08 Draft CITY OF FORT WORTH, TEXAS ORDINANCE NO. 5: JP WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, subsequently amended and adapted as Chapter 395 of the Local Government Cade authorizing impact fees for "roadway" facilities, and WHEREAS, the City Council for the City of Fort Worth previously has approved land use assumptions and capital improvements plans for purposes of adopting "roadway" impact fees, hereinafter referred d to as "transportation impact fees" by resolution; and WREREAS, the Cite of Fort Worth has appointed a Capital Improvements advisory Cormnirtee to advise the City Council conceming the land use assumptions, impact fee capital i Nos er r... ts plans 1 nd .a.p -t fees for transpo!?.t€ok facilities; 'tw.ia.F�.': WHEREAS, this ordinance intp - £d d � 1 �: satisfies tile tat.t o:' requirements firs adoption of impact tees, and WHEREAS, the City Council finds that in all pings the City has comp led with Chapter 395 t' w he Texas 1. o-cas. Government Code f.> ,.e n v,. >,,., adoption. Mmui <=. cdor= and method..o-°+ -0 ary '� pac _max a.._d Transportation Impact Fee Ord 3/13/08 Draft WHEREAS, the City Council further finds that the City's existing policies for construction of transportation improvements to support new development are fully compatible with imposition of transportation impact fees; and WHEREAS, the City Council further finds that construction and funding of new roads to serve new development in the City is essential to the continued public health, safety and general welfare of the citizens of Fort Worth-, and WHEREAS, the intent of the City Council in establishing a transportation impact fee is to impose an initial impact fee collection rate which is at least revenue-neutral for the City in constructing or funding such transportation improvements relative to the current Policy for the Installation of Community Facilities; and WHEREAS, the City Council farther finds that certain development projects which were approved prior to the imposition of impact fees have supplied road capacity in excess of that required to serve existing development within the project and that such construction should be credited against collection of future impact fees as additional development occurs in the project; and lafth or WHEREAS, the City Council further finds that it is appropriate to reduce the collection rate AM of transportation impact fees in circumstances where the development project reduces trip generation IN that otherwise would be expected, or otherwise contributes to City policies favoring compact and orderly growth of the City; and WHEREAS, the City Council further finds that a discount to the collection rate for transportation impact fees for proximity of a development to existing transportation facilities with adequate capacity furthers the City's objectives to accommodate growth and development while providing adequate public facilities and conserving the City's fiscal resources; and WHEREAS, the City Council further finds that a discount to the collection rate for transportation impact fees for developments that result in extraordinary capital investment and quality job creation furthers the City's objectives to provide employment in proximity to the homes of workers and 'thus facilitates the overall transportation objectives of the City; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 'rhat the Code of Ordinwices, City of Fort Worlth, T exas (1996), as amended, is hereby flarther is arnended by adding a new chapter entitled "Transportatioln 1 mpact Fees," to read as follows.- Transportation Impact Fee Ord 3/13/08 Draft M= SECTION I-I. Short Title This Chapter shall be known and cited as the Fort Worth Transportation Impact Fee Regulations. SECTION 1-2. PMose This Chapter is intended to assure the provision of adequate transportation facilities to serve new development in the City by requiring each development to pay a share of the costs of such improvements necessitated by and attributable to such new development. SECTION 1-3. Authority This Chapter is adopted pursuant to Texas Local Government Code Chapter 395 and the ARM Fort Worth City Charter. The provisions of this Chapter shall not be construed to limit the power of the City to utilize other methods authorized under State law or pursuant to other City powers to accomplish the purposes set forth herein, either in substitution or in conjunction with this Chapter. Guidelines may be developed by ordinance, resolution, or otherwise to implement and administer this Chapter. A. Assessment means the determination of the amount of the maximum impact fee per service unit which can be imposed on new development pursuant to this Chapter. & Capital hnprovernent means a transportation facility with a life expectancy of three or more years, to be owned and operated by or on behalf of the City. C. Ca, �ital Committee- mears thw City"'s Plar. Con-unission, together - th such ad hoc represerntatives as may be k-ppointed from th-ne to [Ime, VID falfill the com o positin mandated by Tex. Loc. Gov t Code sec. :395,058. D :- I ,.,r means the City o" or Worth, Texas. E. ,re -dit rnearc; a reduction in fue am. ount of a transportation itripact- ffiee for a new Transportation Impact Fee Ord 3/13/08 Draft development or a decrease in the amount of transportation impact fees other-wise due, that results from contributions of land, improvements or funds to construct system improvements in accordance with the City's subdivision and development regulations, policies or requirements. F Facilities expansion means a transportation facility expansion. G. Final plat approval means the point at which the applicant has complied with all conditions of approval and the City's Executive Secretary executes the applicant's plat. H. Impact fee means a fee for transportation facilities imposed on new development by the City pursuant to this Chapter in order to generate revenue to fund or recoup all or part of the costs of capital improvements or facility expansion necessitated by and attributable to such new development. Impact fees do not include the dedication of rights-of-way or easements for such facilities, or the construction of such improvements, imposed pursuant to the City's zoning or subdivision regulations. I. Impact fee capital improvements plan means a transportation capital improvements plan adopted or revised pursuant to these impact fee regulations, J. Land use assLiWtions means the projections of population and employment growth and associated changes in land uses, densities and intensities adopted by the City, as may be amended from time to time, upon which the transportation impact fee capital improvements plans are based. K. Land use equivalency table means a table converting the demands for capital improvements generated by various land uses to numbers of service units, as may be amended from time to time. The land use equivalency table may be incorporated in a schedule of impact fee rates. Transportation Impact Fee Ord 3/13/08 Draft M. Property owner means any person, corporation, legal entity or agent thereof having a legal or equitable interest in the land for which an impact fee becomes due. Rrggegy owner includes the developer for the new development. N. Recouriment means the imposition of an impact fee to reimburse the City for capital improvements which the City has previously oversized to serve new development. 0� Road-wav means any principal, major or minor arterial or collector designated in the City's adopted Master Thoroughfare Plan, as may be amended from time to time. Roadway also includes any thoroughfare designated as a numbered highway on the official federal or Texas highway system; to the extent that the City incurs capital improvement costs for such facility. P. Service area means a transportation service area within the City, within which impact fees for transportation improvements or transportation facility expansions may be collected for new development occurring within such area and within which fees so collected will be expended for those types of improvements or expansions identified in the transportation improvements plan applicable to the service area. Ad- Q. Service unit means a vehicle mile. R. Site-related facility means an -improvement or facility which is for the primary use or benefit of a new development and/or which is for the primary purpose of safe and adequate provision of transportation facilities to serve the new development, and which is not included in the transportation improvements plan and for which the developer or property owner is solely responsible under subdivision or other applicable development regulations. S. System facility means a transportation improvement or facility expansion which is designated in the transportation improvements plan and which is not a site-related facility. System facility may include a transportation improvement which is located offsite, or within or on the perimeter of the development site. Transportation Impact Fee Ord 1/13/08 Draft gutters, sidewalks, drainage appurtenances and rights-of-way. Transportatign ih a f c ty excludes those improvements or appurtenances to any roadway which is a site-related facility. U. Transportation facility expansion means the expansion of the capacity of an existing roadway in the City, but does not include the repair, maintenance, modernization, or expansion of an existing roadway to better serve existing development. V. Transportation improvements plan means the adopted plan, as may be amended from time to time, which identifies the transportation facilities or transportation facility expansions and their costs for each transportation service area, which are necessitated by and which are attributable to new development, for a period not to exceed 10 years, which are to be financed in whole or in part through the imposition of transportation impact fees pursuant to this Chapter. • s• The provisions of this Chapter apply to all new, non-exempt development within the corporate boundaries of the City located within a transportation service area. SECTION 1-6. Computation of Maximum Impact Fees Per Service Unit A. Maximum transportation impact fees per service unit shall be established for each service area. The maximum impact fee per service unit for each service area shall be computed in the following manner: (1) Calculate the total projected costs of transportation improvements necessitated by and attributable to new development in the service area identified in the transportation improvements plan; (2) From such arriourn, subtract a credit, equal to the amount of that portion of ad valorem tax revenues, if any, including the payment of debt, to be generated by new service units during the period the transportation improvements plan, is in effect, including ffie pay ment of debt, associated with the transportation impt ov _$ ants in the Plan. (3) Divide the resultwit arnount by J the total number of service units anticipated 6 Transportation Impact Fee Ord 3/13/08 Draft be amended from time to time, and shall be an amount less than or equal to the maximum impact fee per service unit established in subsection A. SECTION 1-7. Use of Proceeds of Impact Fee Accounts B, Transportation irnpact fees c,:)"ected pursuant to -L is Chapter shall not s e used to pay for any of the following expenses: A Transportation Impact Fee Ord 101- 3/13/08 Draft (1) construction, acquisition or expansion of transportation improvements or assets other than those identified in the applicable transportation improvements plan; (2) repair, operation, or maintenance of existing or new transportation improvements or facility expansions; (3) upgrade, expansion or replacement of existing transportation improvements to serve existing in order to meet stricter safety, efficiency, C� environmental or regulatory standards; (4) upgrade, expansion, or replacement of existing transportation improvements to provide better service to existing, development; provided, however, that C� impact fees may be used to pay the costs of upgrading, expanding or replacing existing transportation improvements in order to meet the need for new transportation improvements generated by new development; or (5) administrative and operating costs of the City. SECTION 1-8. Establishment of Accounts A. The City's Finance Department shall establish an account to which interest is allocated for each service area for which a transportation impact fee is imposed pursuant to this Chapter. Each impact fee collected within the service area shall be deposited in such account. B. Interest earned on the account into which the impact fees are deposited shall be considered funds of the account and shall be used solely for the purposes authorized in Section 1-7. D. The CA Ws Finance Department shall maintain and keep financial records for transportation impact fees, which shall show the source and disbursement of all fees collected in or expended fro m each service area. Tile record's of the account into Transportation Impact Fee Ord 3/13,108 Draft which impact fees are deposited shall be open for public inspection and copying during ordinary business hours. The City may establish a fee for copying services. SECTION 1 -9. Functions of Can tal improvements Advisory Committee A. The Capital Improvements advisory Committee shall perform the following functions: (1) advise and assist the City in adopting land use assumptions; (2) review the transportation improvements plans and file written comments on impact fees, (3) monitor and evaluate implementation of the transportation improvements plans; (4) advise the City of the need to update or revise the land use assumptions, transportation improvements plans and transportation impact fees; and (5) file a semiannual report evaluating the progress of the transportation improvements plans and identifying perceived inequities in implementing the plans or administering the transportation impact fees. B. The City shall make available to the Capital Improvements Advisory Committee any professional reports prepared in the development or implementation of the transportation improvements plans. C. The City Council shall adopt procedural rules for the Capital Improvements Advisory Committee to follow in carrying out its duties. SECTION 1 -10. Use of Gather Financin Mechanisms A. 'Fe City may finance tr sportation improvements or facility expansions designated in the transportation improvements plan through the issuance of bonds, though the fonnetion of public util i y districts or other assessment ofisla i ts, or tbrougb any other authorized e % -ru nnm in such marmer d subject to s 1i r''�� itaidons as rnay provided by lad', in addition to ffie use of impact pact flies. Except as herein oche rise provided, the assessment and collection of a transportation impact fee shall be additional and supple. ental t o, and not in subst tution of, a wy other tax, fee, charge or assessment which Es lay f lly 1?n osed on a C. The City Council may decide that the City shall pay all or a part of transportation impact fees due for a new development pursuant to duly adopted criteria. SECTION 1 -11. Impact Fee as Additional and Sut�plemental 12e�ulation A. Transportation impact fees established by these regulations are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance ofbuilding permits or certificates of occupancy. Such fee is intended to be consistent with and to further the policies of City's comprehensive land use plan, the capital improvements plan, the zoning ordinance, subdivision regulations and other City policies, ordinances and resolutions by which the City seeks to ensure the provision of adequate public facilities in conjunction with the development of land. B. This ordinance shall not affect, in any manner, the permissible use of property, density of development, design, and improvement standards and requirements, or any other aspect of the development of land or provision ofpublic improvements subject to the zoning and subdivision regulations or other regulations of the City, which shall be operative and remain in full force and effect without limitation with respect to all such development. Article 11. Assessment and Collection of Impact Fees SECTION 1-12. Assessment and Collection Schedules for Impact Fees SECTION 1-13 Assessment of finpa t Fees A, Assessment of the urnpac�t fee for any new developr-rieni shall be made as fo 1 lows .- (1) For a new develop ri ent which has received final plat approval pursuant to the City-'s subdivision regulations before the effec-tive date of this ordinance, asses,s:-nent ofimpact f shall occuron the efrf� veda-teoft'�t,,,.sordini-,!-tee, I. Draft and shall be the amount of the maximum impact fee per service unit. as set forth in Schedule 1. C. Following the vacating of any plat or submittal of any replat, a new assessment must be made in accordance with subsection (A)(2). D. Approval of an amending plat pursuant to Tex.. Loc. Gov't Code, Section 212.016 and the itv's subdivision regulations is not subject to reassessment for an impact fee. SECTION 1 ®1 . Collection of pact Fees, A. Transportation impact fees shall be collected at the tiq e the amity issues a building p pit f r a nee do , loprner t, unless a ff ent time is provided for in an a s r capita fip r E e rne _s i ,. L to '»beton & The impact fees to be Pwid and ;col §ect d per service uIt for a new ' d e eloprn nt shall be the aniount listed i n Schedule 2. The City tray enter into an agreer gent with a developer for a different time and m ne ° of payTnent of impact fees, in which case f e agrreememnt shall detennitne fre time and manner of pay nn bt. 11 IM6 Transportation impact Fee Ord 3113108 Draft C The Director of Transportation and Public Works or his or her delegate shall compute the transportation impact fees for a new development in the following manner: (1) The Director shall first determine whether the new development is eligible for credits calculated in accordance with Article IV that reduce impact fees otherwise due in whole or in part; (2) To the extent that impact fees are owed for the new development after application of available credits, the Director shall next determine whether the new development qualifies for any discount computed in accordance with section I- I 4(D), and shall apply such discounted rate(s) to reduce impact fees due. (3) The total amount of the impact fees for the new development shall be calculated and attached to the development application as a condition of approval. (4) An applicant may submit an alternative service unit computation based upon a trip generation study for the proposed development by petitioning for amendment of the land use equivalency table or including the study in an ARM appeal taken pursuant to section l -18. D. The following discounts against the collection rate for transportation impact fees shall apply to Schedule 2 collection rates: (2) Viand seitrar.srortatio coec ion disown The collection rate for tr a' e reduced p to 15,% for any development ansportation irripact fees shag b r I -ced a a-, i where an accepted traffic impact shady dernonstrwtes that the deveioptneent will reduce the v&hicie trips ftom those contained in the adopted land use equivalency table, to one of the follovining- Transportation Impact Fee Ord 3113/08 Draft i Capture: t lip-pact Fee Reduction 10 to s Reduction 15% or > Trip Capture: 15% Impact Fee Reduction (3) Extraordinary investment discount. The collection rate for transportation impact files shall be reduced up to 15% for any development that results in the following qualifications, as jointly determined by the Departments of Transportation. and Public Works, and the Department of Economic Development. (1) 15 Million in capital investment; (2) creation of 100 new jobs; and (3) the projected salary of the new jobs is at least twice the current minimum wage, plus benefits. For each 5° � increment in capital investments and qualified new jobs, the collection rate of impact fees will be further reduced by an additional 5 %, up to a maximum reduction of 5010. A development may receive this discount and have a period of up to three (3 ) years from the issuance of a building permit to qualify under the terms of this discount. hnpact fees otherwise paid shall be refunded to the original payee at the time of issuance of the building, permit. A development may be required to refund this discount should the development not continue to maintain the number of new jobs for a period of at least ten (10) years from yr the date of building permit (or the date of qualification for this discount). (4) Discounts cumulative. Discounts identified in subparagraphs (1) to (3) are cumulative, so that a development that qualifies for the maximum discount under each provision may reduce impact fees otherwise due up to 80 %. E. The amount of each impact fee for a new develop e t shall not exceed an arnount exornputed by multipl - ;Ang the fee assessed per sen ice -unit p rs ant to Section 12 by the nu m ber of service iii generated' by the dev elopmera. . If the wilding pert-nit :or wffic . w- impact fee been paid has expired, and a nevv, application is hereafter filed.; the 1rr1pacr fees shall be computed using Schedule 2 tiro in effect, with credits for previous payment of fees beinla applied against the new fames due. Transportation Impact Fee Ord 3/13/08 Draft A G. Whenever the property owner proposes to increase the number of service units for a development, the additional impact fees collected for such new service units shall be determined by using Schedule 2 then in effect, and such additional fee shall be collected at the times prescribed by this section. H. Notwithstanding any other provision of this Chapter, no transportation impact fee may be collected for a new development which is subject to a final plat approved prior to the effective date of these regulations, for which a building permit was issued prior to or within two years of such effective date; provided that if a building permit expires or is withdrawn for such new development and a new building permit is not issued prior to two years from the effective date of these 'regulations, the development for which the permit was issued shall thereafter be subject to collection of transportation impact fees in accordance with this section 111. Credits Against Impact Fees SECTION 1- 15. Credits Against Transportation Impact Fees. , A. The City shall credit the contribution of land, improvements or funding for construction of any system facility that is required or agreed to by the City, pursuant to rules established in this section or pursuant to administrative guidelines promulgated by the City. The credit shall be associated with the plat or other detailed plan of development for the property that is to be served by the transportation facility. 14 Transportation Impact Fee Ord 3/13108 Draft fees otherwise due. If the costs of constructing a system facility in accordance with the community facilities agreement are greater than the amount of impact fees due, the amount of the credit due shall be deemed to be 100% of the impact fees and no impact fee shall be collected thereafter for the development, unless the number of service units is subsequently increased. (2) No credit shall be given for a transportation facility which is not identified within the transportation improvements plan, unless the facility is on the Master Thoroughfare Plan and the City agrees that such improvement supplies capacity to new developments other than the development paying the transportation impact fee and provisions for credits are incorporated in an ASIR'. agreement for credits pursuant to section 1- 16. (3) In no event will the City grant a credit when no transportation impact fees can be collected pursuant to this Chapter or for any amount exceeding the total transportation impact fees due for the development, unless expressly agreed to by the City in writing. (5) Where funds for transportation facilities have been escrowed through a Co-mmunity Facilities Agreement or -Future hnp rove ments Agreement for f ""ties at was executedvvidh the Cit- 'or trat ht tb pl�l anzopmation sac to the efli ti've at of dus C-1tapter —, the. following rales apply: (a) Funds experided and the agretment, f6r transportation facilities shall first be credited against the arnount of transpor-Letion Irripa -,Fees that would have been due under Schedule 2 for those units of den,,eloprrent for w1nich- buidding permits a re ady ha --.,,e been issued; Transportation Impact Fee Ord 3/13/08 Draft (b) Any remaining funds shall be credited against impact fees due for the development under Schedule 2 at the time building permits are issued. E. Credits created after the effective date of this ordinance shall expire within 10 years from the date the credit was created. Credits arising prior to such effective date shall expire ten years from such effective date. The City may agree to extend the expiration date for the credit. F. Unless an agreement for credits under section 1-16 is executed providing for a different manner of applying credits against transportation impact fees due, a credit associated with a plat shall be applied at the time of application for the first building permit and, at each building permit application thereafter, to reduce impact fees due until the credit is exhausted. SECTION 1-16. Aeement for Credits A. An owner of a new development who has constructed or financed a transportation improvement or facility expansion designated in the transportation improvements plan, or other transportation improvement that supplies excess capacity, as required or authorized by the City, may enter into an agreement with the City to provide for credits against transportation impact fees due for the development in accordance with Section 1-15. The agreement shall identify the basis for, the method for computing and the amount of the credit due and any reduction in credits attributable to consumption of road capacity by developed lots or tracts served by the transportation improvements. Where required by the City, the agreement shall provide for the phasing of transportation improvements to serve developments within the project. If authorized by the City, the agreement also may provide for allocation of credits among new developments within the project, and provisions for the timing and collection of impact fees. ca19M, Transportation Impact Fee Ord 3/13/08 Draft RMBEREM SECTION 1 -1 "7. Updates to Plans and -Revision of Fees A. The City shall update its land use assumptions and transportation improvements plans at least every five (5) years, commencing from the date of adoption of such plans, and shall recalculate the transportation impact fees based thereon in accordance with the procedures set forth in Texas Local Gov't Code, Ch. 395, or in any successor statute. B. The City may review its land use assumptions, transportation impact fees, transportation improvements plans and other factors such as market conditions more frequently than provided in subsection (A) to determine whether the land use assumptions and transportation improvements plans should be updated and the transportation impact fees recalculated accordingly. D� If, at the time an update is required pursuant to subsection (A). the City Council determines that no change to the land use assumptions, transportation improvements plan or transportation impact fees are needed, it may dispense with such update by following the procedures in Texas Local Gov't Code, section 395.0575 or successor statute. E. T. he City rnay amend by ordinance the land use equivalency' table (Exhibit 1) at any time prior to the update provided for in subsection (A); provided that the number of service units associated with a p&rdcular land use shall not be increased. F rhe City, may annend any offi er provisions of this ordinance in acoordance with procedures for ordinance &-nendrnerits contained in the Ci,,V's elharter. SECT10-1\1 1-18. A :ea!,- A. The properrt:y owner or applican, for ne%, developmen-t may appeal foliovving de --Hia"'i-ons to fhie; Cily Con, cill: Transportation Impact Fee Ord 3113108 Draft (1) the applicability of a transportation impact fee to the development-, (2) the amount of the transportation impact fee due; (3) the availability of, the amount of, or the expiration of an offset or credit; (4) the application of an offset or credit against a transportation impact fee due; (5) the amount of the transportation impact fee in proportion to the benefit received by the new development; (6) the amount of a refund due, if any; or (7) the availability of a discount against the collection rate of transportation impact fees. B. The burden of proof shall be on the appellant to demonstrate that the amount of the fee or the amount of the offset or credit was not calculated according to the applicable schedule of transportation impact fees or the guidelines established for determining offsets or credits. C. The appellant must file a written notice of appeal with the City within thirty (3 0) days following the decision. If the notice of appeal is accompanied by a payment or other security satisfactory to the City Attorney in an amount equal to the original determination of the transportation impact fee due, the development application may be processed while the appeal is pending. SECTION 1-19. Refunds x. Transportation Impact Fee Ord 313/08 Draft B. An impact fee collected pursuant to these regulations shall also be considered expended if the total expenditures for transportation improvements or facility expansions authorized within the service area within ten (1 0} years following the date of payment exceeds the total fees collected within the service area for such improvements or expansions during such period. • - if the building permit for a new development for which a transportation impact fee has been paid has expired, and a modified or new application has not been filed within six (6) months of such expiration, the City shall, upon written application, rebate the amount of the impact fee to the record owner of the property for which the impact fee was paid. If no application for rebate pursuant to this subsection has been filed within this period, no rebate shall become due. Pursuant to Tex. Loc. Govt Code section 395.022, as amended, a school district is not required to pay transportation impact fees imposed under this ordinance unless the board of trustees of the district consents to the payment of the fees by entering a contract with the City imposing the fees. SECTION 11-22. Relief procedures -- A -A,-iy person who has paid a transportation impact fee or an owner of land upon which a transportation impaet fee has been paid -may petition the City Council to deten-n-i-ne Transportation Impact Fee Ord 3/13/08 Draft B. The City Council may grant a variance from any requirement of this Chapter, upon written request by a developer or owner of property subject to the ordinance, following a public hearing, and only upon finding that a strict application of such requirement would, when regarded as a whole, result in confiscation of the property. C. If the City Council grants a variance to the amount of the transportation impact fee due for a new development under this section, it may cause to be appropriated from other Citv funds the amount of the reduction in the impact fee to the account for the service area in which the property is located. Article V. Transportation Impact Fees SECTION 1-23. Trans �portation Service Areas A. There are hereby established twenty-seven (27) transportation service areas, constituting land within City boundaries, as depicted on Exhibit 2 attached hereto and incorporated by reference herein. B. The boundaries of the transportation service areas may be amended from time to time, or new transportation service areas may be delineated, pursuant to the procedures in Section 1 -17. SECTION 1-24. Transportation Improvements Plan A. The Transportation Improvements Plan for the City of Fort Worth is hereby adopted as Exhibit 3, which is attached hereto and incorporated by reference herein. B. The Transportation Improvements Plan may be amended from time to time, pursuant to the procedures in Section 1 -17. I SECTION 1-25, Tr soration % act Fetes -p -t - n e ereb A. The max-imain i-�npact fees per service unit f6r trans- 0 lo , facill-til"es ar h y adopted and irlcoTorated in Schedule I attaChe(ji hereto and made a pant here-of by reference. R The impact fees per service usnit, for transportation facilities, which are to be paid by each new dev elopment, are hereby adopted and in corporated in Schedule 'attached hereto and made a part hereof by reference. 20 Transportation Impact Fee Ord 3/13/08 Draft C. The impact fees per service unit for transportation facilities may be amended from time to time, pursuant to the procedures in Section I -17. 9 This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Fort Worth, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions., if any in such other ordinance or ordinances are hereby superseded. a If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of any other section, sentence, clause or phrase of this ordinance the remaining portions of this ordinance. 3 Ad -" This ordinance shall become effective 60 days after its passage. Assistant City Attorney Transportation Impact Fee Ord 3/13108 Draft PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, this the day of _, 2008. CITY SECRETARY 22 MAYOR 0 0 City of Fort Worth Transportation Impact F" P01iCY Land Development Schedule 2: Land Use, CategorY Use Unit Collection Rate Per Development Unit Code A, B, C, D E. F, i 1, J. K G, L, 114, N, 0 S AA W P. Q, R, T, U, X, Y, Z I V PORT AND TEFLNILNAL Acre S 8,124 S S -'.9" 1 TmAl Trick — iNDUSTRiAL 1,000 SF GFA S 5 S 0; IS 9, r � General U t Indusmal l,000 SF GFA $ 844 2 i I' S I General Hea dust 30 1,000 SF GFA S !,06' S 2*72 S -2 S 5'� i- industrial Park 150 1, SF GFA S 7911, S 201 S �8 i Warehousm' 15] SF GFA S 349 S 89 S Mini- Warehouse 1,000 RESIDENTIAL sin ' Detached Housm 10 Dwellm Unit $ 3,500 S 392 S 450 S gle-Farn,j Apartment/Multi-farni) - 220 Dwtllin Unit S 921 772 1 S S 234 S i Residential Condomin iunv� I OWnn0roc Dwellins! U S S V6 I S 213 S 4281 S Mobile Home Park 154 Dwelling Unit S S Assisted Living LODGING Room 470 S izo 5_36 1 s Hvx) Motel i other Lodging Facilities 0 Room S 374 S 95 RECREATIONAL 4�2 495 S 253, 486 S D-win Ran e 430 Acre S 239 S 60 S 116 S Golf Course Health Rec. Clubs and Facilities 495 ),000 SF GFA S 1.305 S 332 S 638 S 465 ;,000 SF GFA S 1,879 1 S Als S 918 S Ice Rink $ 262 S 67 S 128 S 431 Hole Miniature Golf 44.15 Screens S 10,855 S 2,76' S 5,306 306 S Mulfinlex Movie Theater 491 court S 2,666 S 679 S 1,30 "s S Racquet / Tennis Club INST=IONAL 560 1.000 SF GFA S 34-4 S 98 S 63 S ch,urnh 565 1.000 SF GFA S 6,852 S lt744 S 3,340 S Day Care Center 522 Students 19 $ 20 S 39 S Prim "Middle School (1-8) Students S 72 S is S 35 S High School (9-12 — Students S 6 :6 S 31. S JT / C0M1oUmr'C0DC`e 556 Students S 109 S 53 S Universitv / College MEDICAL 630 1,000 SF FA S 4,940 S Clinic 610 Beds S 1,215 S '10 S 544 S Hospital 620 Beds S 205 S 5 S 100 S Nursing Home OFFICE Headquarters Buildin 714 1,000 SF GFA S 1,891 S 4 N S 924 S . orate General of, Bu uhn 710 ),000 ST GFA S 2,015 S 5D S 995 S 2.459 S 0 -"0 1 000 SF GFA S 5,028 S S 1,2 595 S '1, 143 S Sin to T e Buildin 1,000 SF S 2,334 2,027 S 5 i 6 S 991 S offim'Business Park 750 1,000 SF GFA S CIAL Automobile Related 41;