HomeMy WebLinkAboutCP 309 ,UITY OF FORT WORTH, TEXAS
COUNCIL PROPOSAL
[Council
ate: File Number: Subject:Waiver of Permit Fees for Replacement of Segments of the Chapel Creek Wall
2-06-16 309
roposed By: City Manager's Review: Page:
ouncil Member Zimmerman and Cityorney's R PAGE 1 OF 2
Member Espino
It is proposed that the City Council authorize a waiver of certain Planning and Development Department fees for the
replacement of a subdivision screening fence at the Little Chapel Creek Subdivision adjacent to Chapel Creek Boulevard.
DISCUSSION:
The Little Chapel Creek Subdivision,located in west Fort Worth,backs up to Chapel Creek Boulevard,an arterial street. The
Zoning Ordinance requires single family lots adjacent to an arterial street to have screening fences a minimum six-foot tall,
made out of a masonry wall of brick, stone, or cast concrete or a cedar wood fence along the entire length of the property.
The maintenance of the arterial screening fences becomes the responsibility of the owner of the property the fence is built
upon. For those subdivisions with mandatory home-owners associations,the property owners' dues pay for the maintenance
of screening fences built on home-owner association lots or lots controlled by the home-owners association and the
responsibility to maintain the fence does not fall on an individual homeowner. Where a subdivision, does not have a
mandatory home-owners association maintenance of a required screening fence along an arterial street falls to the individual
property owners whose homes back up to the street.
During the development of the Little Chapel Creek Subdivision in 1998 the developer built a brick screening fence along
Chapel Creek Boulevard with six and eight foot tall sections. The developer did not establish a mandatory home-owners'
association for the subdivision, although there does exist a voluntary neighborhood association. The existing arterial fence
was built on individual residential lots resulting in the individual property owners being responsible for the maintenance of
the brick fence along Chapel Creek Boulevard. The brick fence has deteriorated over the years to the extent that portions of
the brick fence along Chapel Creek lean into the public right of way, other portions of the brick fence are cracked and bricks
are falling onto the sidewalk and parkway area.The Code Compliance Department has attempted to mitigate the public safety
hazard to passing motorists and pedestrians along Chapel Creek Boulevard by placing barricades along the sidewalk and has
worked diligently with fifteen individual property owners to repair those failing sections of the brick fence on their
properties. However, the splintered responsibility for the maintenance of the brick fence over multiple property owners,
many of whom are out of state and do not have the funds to repair,has created an unabated public safety hazard for motorists
and pedestrians on Chapel Creek Boulevard. The Chapel Creek Neighborhood Association has worked diligently with Code
Compliance to facilitate discussions with individual property owners in repairing the brick fence but certain development fees
have proven to be a barrier to replacing their portion of the fence.
In order to protect members of the public travelling on the sidewalk and paved right of way of Chapel Creek Boulevard from
the public safety hazard of falling bricks it is recommended that the City Council waive associated permit and variance
application fees,estimated at approximately$1,200.00,should they be necessary. Current City ordinances provide sufficient
controls to ensure that the waiver of fees will achieve the public purposes outlined above.
LEGALITY:
The Department of Law finds that this proposal is legal and that it is within the authority of the City Council.
LEGALITY
❑ FISCAL NOTE
❑ CITY MANAGER'S COMMENTS
❑ CITY POLICIES MANUAL
CITY OF FORT WORTH, TEAS
COUNCIL PROPOSAL
[Date: File Number: Subject:Waiver of Permit Fees for Replacement of Segments of the Chapel Creek Wall
12-06-16 309
Proposed By: City Manager's Review: Page:
Council Member Zimmerman and Cit orney's eviW PAGE 2 OF 2
Council Member Espino
FISCAL NOTE:
The Finance Director certifies that this action will have no material effect on City funds.
CITY MANAGER'S COMMENT:
The City Manager has no objection to this proposal.
PROPOSED BY:
Zim Zimmerman Sal Espino
Council Member Council Member
WO LEGALITY
❑ FISCAL NOTE
❑ CITY MANAGER'S COMMENTS
❑ CITY POLICIES MANUAL