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HomeMy WebLinkAboutOrdinance 23820-09-2019 ORDINANCE NO. 23820-09-2019 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF THE CODE OF THE CITY OF FORT WORTH (2015), AS AMENDED, BY AMENDING ARTICLE XII "FEE SCHEDULES", SECTION 2-321 "DEVELOPMENT APPLICATION FEES" TO REVISE FEES AND ADD FEES FOR CERTAIN SERVICES RELATED TO DEVELOPMENT, ZONING AND PLATTING APPLICATION FEES; AND AMEND CHAPTER 12, "EMERGENCY REPORTING EQUIPMENT AND PROCEDURES" TO RELOCATE ALARM PERMIT APPLICATION FEES TO SECTION 2-321 AND PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it appropriate to amend the fee schedule as it relates to services rendered for development, zoning and platting application fees to recover the costs incurred by the City to provide services. 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 to revise certain fees and add certain fees, and to renumber and reorganize some of the section to read as follows: Sec. 2-321. Development 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: Ordinance No.23820-09-2019 Page 1 of 8 Application Fees Notes Alarm System Permits a. Residential $50.00 b. Other alarm system locations $100.00 Alcohol a. Variance request to City Council $500.00 b. Distance check $50.00 Annexation a. 75 acres or less $700.00 Fee waived for commercial/industrial use only of 25 acres or less b. More than 75 acres $700.00 Plus$10.00 per acre over 75 acres c. Limited purpose annexation $3,000.00 Appeals a. Downtown Design Review Board $300.00 b. Historic and Cultural Landmarks Commission $300.00 c. Urban Design Commission $300,.00 City Plan Commission a. Concept plan $900.00 b. Plats: 1. Preliminary plat $7- 850.00 Plus$2030.00 per each acre non- residential Plus$4015.00 per lot residential 2. Final plat $385.00 Plus$2930.00 per lot residential Plus$2025.00 per acre non-residential 3. Re-plat(with public hearing) $500.00 Plus$2925.00 per lot residential Plus$4525.00 per acre non-residential 4. Minor Plat and Replat(no public hearing) $3&r425.00 Plus$2025.00 per lot residential Plus$4- 25.00 per acre non-residential 5. Conveyance Plat $200.00 6. Plat revisions after first revision $220.00 7. Plat correction $50.00 8. Plat vacation $400.00 c. Waivers and Other matters of business $220.00 Ordinance No.23820-09-2019 Page 2 of 8 Filing fees with the county: Collection of filing fees for the appropriate county will be in addition to the fee rates above Agreements Application Fees a. Community Facilities Agreement and amendments $41-47W 2,230.00 b. Stormwater Facilities Management Agreement 635.00 c. Transportation Impact Fee credit Agreement 860.00 Door-to-Door Vendor $50.00 Hearing Continuance $200.00 At applicant's request(after public notice) of board of adjustment, city plan commission and zoning commission public hearings Master Thoroughfare Plan-Amendment t $700.00 Newsracks a. Permit Fees $20.00 b. Application fee per applicant plus, per newsrack $5.00 Paper Filing Fee $50.00 Additional fee assessed for any development application that can be submitted online Parkway Permit a. Commercial $150.00 b. Residential $100.00 Pre-submittal Meeting $250.00 Sexually Oriented Businesses;Application for Specialized Certificate of Occupancy a. Amended, modified, renewal or transfer $500.00 b. New $700.00 Special Districts(MUDS/WCIDS) a. Petition $15,000.00 b. Agreement amendments $10,000.00 Street Name Change $700.00 Traffic Control Review Plan $100,.00 Residential "CR," "C,"and"D"Zoninp Districts Site Plan a. New $600.00 b. Revised $300.00 Unified Sign Agreement $1,500.00 Urban Forestry a. Application fee for staff review Ordinance No.23820-09-2019 Page 3 of 8 1. Base fee—First five acres (up to 5.00), $250.00 The acreage will be based on the including one revision preliminary plat or site plan,whichever is appropriate, at the time of submission of the urban forestry plan 2. Additional acreage-5.01 acres and over, per $15.00 The acreage will be based on the acre above base fee preliminary plat or site plan,whichever is appropriate, at the time of submission of the urban forestry plan 3. Additional revisions (each) $100.00 4. After-the-Fact Base fee—First five acres (up $500.00 The acreage will be based on the to 5.00), including one revision preliminary plat or site plan,whichever is appropriate, at the time of submission of the urban forestry plan 5. After-the-Fact Additional acreage—5.01 $30.00 The acreage will be based on the acres and over, per acre above base fee 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 $300.00 design commission Vacations or Closures, ROW,Emergency and Public Access Easements a. Public access or emergency easement vacation $400.00 b. Street and alley vacations $700.00 Zoning Board of Adjustment a. Interpretation request $400.00 b. Variance 1. NonresidentiaVother residential $500.00 Plus an additional one hundred fifty dollars ($150.00)for each additional variance requested in same application for owner- occupied residential. 2. Residential (owner-occupied) $300.00 Plus an additional three hundred dollars ($300.00)for each additional variance requested in the same application for nonresidential property or other residential pro pert 3. Sign—Nonresidential/other residential $750.00 Plus an additional seven hundred fifty dollars($750.00)for each additional variance requested in the same application for nonresidential property or other residential properly. c. Special exception 1. Nonresidential/other residential $75A Plus an additional three hundred dollars 1000.00 ($300.00) for each additional special exception requested in the same application for nonresidential property or other residential property. 2. Residential (owner-occupied) $400500.00 Plus an additional one hundred fifty dollars ($150.00)for each additional special exception requested in same application Ordinance No.23820-09-2019 Page 4 of 8 for owner-occupied residential. 3. facilities Zoning Commission a. Zoning Application: 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 charge is not exempt of incentive programs granted to the project. 1. Less than 1 acre* $1,200.00 For application requests of less than one acre in size,when down zoning to a one- or two-family districts that is consistent with the most current adopted Comprehensive Plan, a fee of$450.00 is required. 2. 1-5 acres* $1,500.00 3. 5.01-10 acres* $1,800.00 4. 10.01-25 acres* $2,200.00 5. 25.01 or more acres (base fee)* $2,200.00 Plus$50.00 per acre, not to exceed $6,000.00. b. Administrative site plan amendment $250.00 c. "CD"Conservation District overlay rezoning No fee d. "HC,""HSE"and"DD" Historic and Cultural No fee Landmarks District overlay rezoning e. Planned development(PD)site plan* $800.00 f. Vendor permit: holiday and 10-day $50.00 g. Zoning verification letter 1. 10-day letter $50.00 2. 3-day letter $100.00 (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 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. Ordinance No.23820-09-2019 Page 5 of 8 Sec. 2-322. Penalties and Mitigation Fees. (a) For ordinance violations or development activities requiring mitigation, the following schedule of penalties and mitigation fees 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: (b) Penalties and Mitigation Fees Notes Urban Forestry a. Penalties 1, Unauthorized removal of non-significant trees $300.00/ Penalty to be assessed according to diameter Urban Forestry Ordinance, Section 6.302. inch or Funds deposited into PARD Tree Fund $7.50/ canopy sf 2. Unauthorized removal of significant trees $600.00/ Penalty to be assessed according to diameter Urban Forestry Ordinance, Section 6.302. inch or Funds deposited into PARD Tree Fund $15.00/ canopy sf 3. Administrative fee assessed on penalties $500.00/ Funds deposited into P&D account to case cover staff investigative and enforcement costs b. Mitigation Fees 1. Removal of significant trees $300.00/ Fees to be assessed according to Urban diameter Forestry Ordinance, Section 6,302,when inch or applicant opts for mitigation by payment. $7.50/ Funds deposited into PARD Tree Fund. canopy sf SECTION 2. Chapter 12 "Emergency Reporting Equipment and Procedures," Section 12-2 "Alarm Permit required; fee; application; transfer" subsection (c) of the Code of the City of Fort Worth is hereby amended to delete the permit fee dollar amount and replace with a reference to Section 2- 321 to read as follows: Sec. 12-2 ALARM PERMIT REQUIRED; FEE; APPLICATION; TRANSFER. (c) The fee for annual permit, an annual permit renewal or a permit reinstatement for all alarm permits is $50 is specified in Section 2-321 of the City Code. Ordinance No.23820-09-2019 Page 6 of 8 SECTION 3. This Ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), 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 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 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 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, Ordinance 21653 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. Ordinance No.23820-09-2019 Page 7 of 8 SECTION 6. This Ordinance shall take effect on October 1, 2019 and after publication as required by law. APPROVED AS TO FORM AND LEGALITY By:, As istant ' y Atto ey Mary K s t ecretary ADOPTED: September 10, 2019 �y of•FQR EFFECTIVE: October 1, 2019 •:0 � 70 Ordinance No.23820-09-2019 Page 8 of 8 City of Fort Worth,Texas Mayor and Council Communication DATE: 09/10/19 M&C FILE NUMBER: M&C 19-0156 LOG NAME: 03FY20 FEES SUBJECT Adopt Fiscal Year 2020 Fee Adjustments for the Aviation Department, Planning and Development Department,and Park and Recreation Department,Adopt the Attached Ordinance Revising Fees,Authorize Certain Fee Modifications, and Formally Designate Certain Personnel to Act on Behalf of the Financial Management Services Department in Collecting Fees and Issuing Licenses(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1.Adopt the identified fee adjustments for the Aviation Department,Planning and Development Department,and Park and Recreation Department,for Fiscal Year 2020; 2.Adopt the attached ordinance revising fees in Article XII, Fee Schedules of Chapter 2 Administration of the Code of the City of Fort Worth relating to development,zoning and platting applications; 3.Authorize fee modifications to respond to market demands for the Park and Recreation Department for marketing,promotional and educational purposes;and 4.Formally designate the departments and personnel that are routinely tasked with collecting fees and issuing licenses to act as agents of the Financial Management Services Department. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to take action in connection with adjusting fees that will apply to various City services during Fiscal Year 2020(FY2020)and document compliance with the City Charter in connection with collecting fees and issuing licenses, as applicable. A variety of fees apply to City services that range from renting out the soccer fields to lease fees for facilities at the City's airports.Many of the fees are set out in state law or in the City Code. However,in several provisions of the City Code,fees are defined as being in the amount set by City Council. Approval of this M&C authorizes adjustments for Fiscal Year 2020 to fees that are not established by other law. In addition,this M&C would approve the ordinance revising fees in Article XII:Fee Schedules,Chapter 2:Administration of the Code of the City of Fort Worth relating to development,zoning and platting applications.All other fees would remain in effect at their last-adopted rate as set by state law,City ordinance,or prior City Council action,as applicable. The proposed fees were used in crafting revenue projections for the development of the Fiscal Year 2020 budget and include the following fee adjustments: MUNICIPAL AIRPORT FUND-Aviation Department Fee Title New Fee Description of Change Amount Meacham T-Hangar(907 sf) $425.00 Increase of$25 Per Month Meacham T-Hangar(983 sf) $430.00 Increase of$25 Per Month Meacham T-Hangar(997 sf) $430.00 Increase of$25 Per Month Spinks T-Hangar(858 sf) $325.00 Increase of$25 Per Month Spinks T-Hangar(1,008 sf) $350.00 Increase of$25 Per Month Spinks T-Hangar(1,110 sf) $400.00 Increase of$25 Per Month Spinks T-Hangar(1,386 sf) $475.00 Increase of$75 Per Month Spinks T-Hangar(1,650 sf) $500.00 Increase of$75 Per Month Spinks T-Hangar(1,698 sf) $525.00 Increase of$75 Per Month Spinks Box-Hangar(3,000 sf) $950.00 Increase of$50 Per Month Spinks Box-Hangar(3,600 sf) $1,250.00 Increase of$250 Per Month Spinks Box-Hangar(6,600 sf) $2,100.00 Increase of$250 Per Month Spinks Community-Hangar(Single Engine piston) $225.00 Increase of$25 Per Month Meacham Administration Building Fee for Lower Level $14.50 Increase of$0.5 Per Square Feet Meacham Administration Building Fee for First Floor $16.50 Increase of$0.5 Per Square Feet Meacham Administration Building Fee for Second Floor $17.50 Increase of$0.5 Per Square Feet Meacham Administration Building Fee for Third Floor $18.50 Increase of$0.5 Per Square Feet Meacham Administration Building Fee for FBO Space $22.50 Increase of$0.5 Per Square Feet Alliance Ground Lease $0.49 Increase of$0.03 Per Square Feet Meacham Ground Lease $0.47 Increase of$0.02 Per Square Feet Spinks West Side Ground Lease $0.31 Increase of$0.01 Per Square Feet Spinks East Side Ground Lease $0.31 Increase of$0.02 Per Square Feet Fuel Flowage Fee(FBO) $0.18 Increase of$0.02 Per Gallon Fuel Flowage Fee(non-FBO) $0.29 Increase of$0.02 Per Gallon Gate Card New $20.00 New Fee Gate Card Replacement $25.00 New Fee Lease Violation Fee for First Violation $35.00 New Fee Lease Violation Fee for Second Violation $70.00 New Fee Lease Violation Fee for Third Violation $105.00 New Fee Regulated Trash Handling/Disposal for First Bag $200.00 New Fee Regulated Trash Handling/Disposal for Additional Bags $50.00 New Fee Lease Fee(Month-to-Month Fee) 10%of Monthly Correction to$10 Rate MUNICIPAL GOLF FUND-Park&Recreation Department Fee Title New Fee Description of Change Amount Junior(<17 yrs.)Yearly Pass $150.00 Increase of$50 Per Yearly Pass Senior(62 yrs+)Yearly Pass $650.00 Increase of$250 Per Yearly Pass Individual(I M1 yrs.)Yearly Pass $950.00 Increase of$250 Per Yearly Pass Family Yearly Pass $1,200.00 Increase of$171 Per Yearly Pass Weekday Play $23.00 Increase of$1 Per Play Weekend Play $32.00 Increase of$1 Per Play 18-hole Riding Cart $14.78 Increase of$0.92 Per Ride 9-hole Riding Cart 1$7.39 Increase of$0.46 Per Ride BOTANIC GARDEN SEPCIAL REVENUE FUND-Park&Recreation Department Fee Title New Fee Description of Change Amount BG Fuller Garden(After hours fees-6 PM) $2,000.00 Increase of$1,100 Per 2 Hours BG Rose Garden(After hours fees-6 PM) $2,000,00 Increase of$1,100 Per 2 Hours BG Shelter House(After hours fees-6 PM) $2,000.00 Increase of$1,100 Per 2 Hours BG Horseshoe Wedding Rental(After hours fees-6 PM) $1,725.00 Increase of$1,100 Per 2 Hours BG Moon Deck Wedding Rental(After hours fees-5 PM) $1,950.00 Increase of$1,100 Per 2 Hours BG Pavilion Wedding Rental(4 hour time slot) $2,500.00 Increase of$200 Per 2 Hours BG Fuller Garden Wedding Rental(No Frills) $600.00 New Fee BG Oval Rose Wedding Rental(No Frills) $600.00 New Fee BG Moon Deck&Pavilion Wedding Rental(Combination Packages- $3,400.00 New Fee before 5 PM) BG Lower Rose&Shelter Wedding Rental(Combination Packages- $2,500.00 New Fee before 5 PM) BG Horseshoe&Grove Wedding Rental(Combination Packages-before $4,000.00 New Fee 5 PM) BG Fuller&Oak Hall Wedding Rental(Combination Packages-before 5 $2 400.00 New Fee PM) After Hour Wedding Package Fee(Combination Packages-after 5 PM) $400.00 JNew Fee GENERAL FUND-Park&Recreation Department Fee Title New Fee Description of Change Amount Soccer fields unlighted rental rate $40.00 Increase of$5 Per Hour Soccer fields lighted rental rate $70.00 Increase of$10 Per Hour Youth athletics activity fee $30.00 Increase of$5 Per Season Community Center Annual Membership Adult(Resident) $40.00 Increase of$10 Per Year Community Center Annual Membership Adult(Non-resident) $60.00 Increase of$10 Per Year Community Center Annual Membership Senior(Resident) $20.00 Increase of$5 Per Year Community Center Annual Membership Senior(Non-resident) $35.00 Increase of$5 Per Year Community Center Annual Membership Youth(Resident) $25.00 Increase of$5 Per Year Community Center Annual Membership Youth(Non-resident) $45.00 Increase of$5 Per Year Community Center Annual Membership Family(Resident) $100.00 Increase of$25 Per Year Community Center Annual Membership Family(Non-resident) $150.00 Increase of$25 Per Year Community Center Annual Membership Additional Family(Resident) $15.00 Increase of$5 Per Year Community Center Annual Membership Additional Family(Non-resident) $25.00 Increase of$5 Per Year Community Center Annual Membership Employee $20.00 Increase of$5 Per Year Community Center Annual Membership Group(per person) $20.00 Increase of$10 Per Year Community Center Annual Membership Comin'Up Program $20.00 Increase of$10 Per Year Community Center Day Pass Adult/Senior(Resident) $7.00 Increase of$2 Per Day Community Center Day Pass Youth(Resident) $3.00 Increase of$1 Per Day Community Center Day Pass Fitness Day Pass $15.00 Increase of$5 Per Day Community Center Annual Membership Adult(Resident) $40.00 Increase of$10 Per Year After School Program(Maximum Monthly Charge) $200.00 Increase of up to$101 Per Month Camp Fort Worth(Maximum Weekly Charge) $70.00 Increase of up to$35 Per Week Camp Fort Worth Extended Care (Maximum Weekly Charge) $60.00 Increase of up to$30 Per Week Community Center Late Rental Fee $50.00 Increase of$25 Per Event Community Center Gym Floor Covering Fee $100.00 Increase of$50 Per Event Community Center Equipment Rental Fee(Maximum) $100.00 Increase of up to$65 Per Rental Community Center Room Rental Deposit $150.00 Increase of$150 Per Rental Community Center Moving/Relocation Fee J$50.00 New Fee GENERAL FUND-Planning&Development Department After-the-Fact OF Permit Fees(Base fee up to 5 acres) J$500.00 INew Fee After-the-Fact OF Permit Fees(Additional acres) 1$30.00 INew Fee The Park and Recreation Department operates facilities and programs(Botanic Garden,Log Cabin Village,Fort Worth Nature Center&Refuge, Golf,Athletics,Aquatics,Community Centers,and Park Reservations)that all compete with public and private sector facilities for business and periodically need to make adjustments in response to market demands and for promotional and educational purposes.Approval of the third recommendation authorizes the Park and Recreation Director or their designee,directly or in connection with non-profit support groups,to adjust or waive fees in response to market demands such as seasonal,weather-related,and facility condition-driven factors;customer service resolutions;memberships;advertising opportunities;special marketing promotions;and educational purposes.The maximum amount of fees for all of these facilities will continue to be capped at those amounts previously approved by the City Council.The cumulative impact of the fee modifications shall not negatively impact by more than 10%the annual fee revenue projections for the Park and Recreation Department. Finally,approval of this M&C will also officially designate other personnel and departments as acting on behalf of the Financial Management Services(FMS) Department in collecting those fees and issuing licenses,as applicable.The City Charter charges the City's Finance Department 'With the administration of the financial affairs of the city,including the keeping and supervision of all accounts...[and]the issuance of licenses and the collection of license fees...:'.As the City has grown over the years,responsibilities for issuing licenses and collecting fees became decentralized,with various departments and personnel being assigned as reflected in the City's revenue manual.In connection with the adoption of the Fiscal Year 2016 budget,the City Council approved M&C G-18545(September 15,2015),which formally designated the assigned personnel and departments to act on behalf of FMS in collecting fees and issuing licenses,where applicable.Adoption of the current M&C continues that designation through Fiscal Year 2020. This M&C does not request approval of a contract with a business entity. A Form 1295 is not required for this contract because:This M&C does not request approval of a contract with a business entity. L FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations,the participating departments are responsible for the collection and deposit of funds due to the City. Submitted for City_Manager's Office by: Fernando Costa 8180 Originating Business Unit Head: Lynda Johnson 6222 Additional Information Contact: Terry Hanson 7934 Loraine Coleman 8542