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HomeMy WebLinkAboutOrdinance 20426-09-2012ORDINANCE NO. 20426-09-2012 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 "ZONING AND PLATTING APPLICATION FEES" TO REVISE THE FEES FOR CERTAIN SERVICES RELATED TO 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 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 by revising the fees to read as follows Sec. 2 -321. Zoning and platting 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: (1) Zoning Board of Adjustment: a. Variance: 1. Residential (owner- occupied) .....$200.00* 2. Nonresidential ..... $400.00* b. Special exception .....$400.00* 1. Front yard carports .....$200.00 Ordinance No. 20426 -09 -2012 Page 1 of 6 2. Fee waived non - profit recycling collection facilities C. Interpretation request ..,...$400.00 * Plus an additional sixty dollars ($60.00) 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: i. Less than 75 acres .....$700.00 ii. 75 acres or more .....$700.00* ( *Plus $15.00 per each acre over 75 acres) 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 .....$700.00 b. Public access or emergency easement vacation .....$400.00 Ordinance No. 20426 -09 -2012 Page 2 of 6 b. Final Plat 1. Fewer than 3 lots $350.00 2. 3 lots or more ( *Plus $20.00 per lot over 3 lots) $350.00* C. Re -plat (With Public Hearing) 1. Fewer than 3 lots $500.00 2. 3 lots or more ( *Plus $20.00 per lot over 3 lots) $500.00* d. Short Form Replat 1. Fewer than 3 lots $350.00 2. 3 lots or more ( *Plus $20.00 per lot over 3 lots) $350.00* e. Plat Vacation $400.00 f. Plat Correction $50.00 g. Conveyance Plat $200.00 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 .....$700.00 b. Public access or emergency easement vacation .....$400.00 Ordinance No. 20426 -09 -2012 Page 2 of 6 C. Community facilities contract fee .....$500.00 d. Street name change .....$700.00 (4) 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 (5) MTP - Amendment: Master Thoroughfare Plan Change .....$700.00 (6) Zoning Commission: a. Zoning application: 1. Less than 1 acre .....$1,000.00( *)( * *) 2. 1 -5 acres .....$1,300.00* 3. More than 5 acres .....$1,900.00* b. Zoning Verification Letter .....$25.00 C. Planned Development (PD) Site Plan .....$800.00* Notes: * 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 extra charge is not exempt of incentive programs granted to the project. ** For application requests of less than one 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 $450.00 is required. (7) "HC ", "HSE, " and "DD "Historic and Cultural Landmarks Districts .....No Fee (8) "CD" Conservation District .....No Fee (9) Unified Residential Site Plan: a. New .....$600.00 b. Revised: ..... $300.00 (10) Variance Request to City Council .....$350.00 (11) Hearing Continuance .....$200.00 Ordinance No. 20426 -09 -2012 Page 3 of 6 At applicant's request (after public notice) Re: 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: ..... $350.00 (13) Historic and Cultural Landmarks Commission, for appeal hearing before the Appeals Board .....$300.00 (14) Downtown Design Review Board, for appeal hearing before the Appeals Board .....$300.00 (15) Newsrack Permit Fees .....$20.00 Application fee per applicant plus, per newsrack .....$5.00 (16) Urban forestry. (a) Application fee for staff review: Base fee - First five acres (up to 5.00), including one revision .....$250.00 Additional acreage - 5.01 acres and over, per acre above base fee ...$15.00 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) Urban Design Commission, for appeal hearing before the Appeals Board $300.00 (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 Ordinance No. 20426 -09 -2012 Page 4 of 6 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. 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. Ordinance No. 20426 -09 -2012 Page 5 of 6 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 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. 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 November 5, 2012 after adoption and publication as required by law. 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O O O w O O 0 0 OWWO O O 0 0 O O Zo C7 f4J 9U 0o000 C7 C7 C7 8 (9 8 0000 C7 0 C7 C7 C�C7 0000 (7 C7 C7 000 QU f7 C7 C7 � w C7 t7 C7 (7 C7 U' U' C7 C7 C7 C7 C7 C7 C7 C7 (7 C7 t7 t7 C7 C7 C7 C7 t7 (� u wp 0 o 0°0a0a 00000000 0000 0000000000000000 0000000000000000 W LL r J LL C14 W W LL U) Z O W a0 O m CL w 0 Z o Q Z z = w LL m J LL Q' r Ww LL �Z Ow a0 O w a City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/25/2012 - Ordinance Nos. 20425 -09 -2012, 20426 -09 ..: 2012, 20427 -09 -2012 & 20428 -09 -2012 DATE: Tuesday, September 25, 2012 L REFERENCE NO.: G -17689 LOG NAME: 06PLNDEVFEES SUBJECT: Authorize Adoption of Ordinances Adjusting Certain Planning and Development Department Fees Related to the Building, Residential, Mechanical, Plumbing, Electrical and Sign Codes and Zoning and Platting Applications (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance revising fees in the Building, Residential, Mechanical, Plumbing, Electrical, and Sign Codes of the City of Fort Worth; 2. Adopt the attached ordinance amending the Building, Residential, Mechanical, Plumbing, Electrical, Plumbing and Sign Codes of the City of Fort Worth to provide for contractor registration and related fees; 3. Adopt the attached ordinance revising fees in Article XII, Fee Schedules of Chapter 2 Administration of the City of Fort Worth relating to zoning and platting applications; and 4. Adopt the attached ordinance amending Section 3210 of the Building Code of the City of Fort Worth to revise the fees related to encroachment Agreements. DISCUSSION: The last major fee adjustment within the Planning and Development Department occurred on September 26, 2006 (M &C G -15417 and M &C G- 15418). The fees increased 10 percent across the board. Since that time, the City engaged the Willdan Group and surveyed other cities to determine market fee levels. These efforts indicated that most of the City's development fees have room for adjustment to remain within the targeted 50 to 60 percentile of surveyed cities. In April of 2012, the Planning and Development Department began implementation of Automation, a new city -wide permitting software system. Additionally, it is expected that the Planning and Development Department will purchase and implement a new electronic plan review software system by October 2013. Combined, the new software improvements will cost the City more than $1,000,000.00 for implementation and increase the annual operating budget by more than $150,000.00 for maintenance costs. These technology and other process improvements are a result of an interdepartmental effort aimed at improving the City's development processes. Staff has proposed adjustments in service categories that are either currently unfunded or underfunded, market adjustments for fees that are generally below regional or national medians, and minor rounding of zoning and platting fees. Logname: 06PLNDEVFEES Pagel of 2 As part of the fee review process, Staff met with various stakeholder groups such as the Greater Fort Worth Real Estate Council, the Greater Fort Worth Builders Association, TEXO and the Development Advisory Committee. It is expected that the fee adjustments will result in approximately $663,996.00 in additional revenue. This revenue is assumed in revenue projections for the Fiscal Year 2013 budget. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund /Account/Centers FROM Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b : Fernando Costa (6122) Originating Department Head: Additional Information Contact: Logname: 06PLND E VFEES Randle Harwood (6101) David Hall (7844) Page 2 of 2