HomeMy WebLinkAboutOrdinance 20605-02-2013 ORDINANCE NO. 20605-02-2013
AN ORDINANCE AMENDING CHAPTER 30 (STREETS AND
SIDEWALKS), ARTICLE VIII (TRANSPORTATION IMPACT FEES) OF
THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS
AMENDED; ADOPTING UPDATED LAND USE ASSUMPTIONS;
ADOPTING AN UPDATED CAPITAL IMPROVEMENTS PLAN FOR
TRANSPORTATION FACILITIES; ADOPTING REVISED
TRANSPORTATION IMPACT FEE PER SERVICE UNIT SCHEDULES 1
AND 2; AMENDING PROVISIONS ADMINISTERING THE
TRANSPORTATION IMPACT FEE PROGRAM; PROVIDING THAT
THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR CONFLICTS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chapter 395, Tex. Loc. Gov't Code, provides requirements and procedures
for updating land use assumptions, capital improvements plans and impact fees; and
WHEREAS, on May 13, 2008, the City of Fort Worth adopted Ordinance No. 18083-05-
2008 creating impact fees for transportation facilities in accordance with the statutory procedures
for adopting such fees, known as the Fort Worth Transportation Impact Fee Regulations, which
were effective July 1, 2008; and
WHEREAS, the City of Fort Worth has appointed a Capital Improvements Advisory
Committee to advise the City Council concerning amendments to the land use assumptions,
impact fee capital improvements plans and impact fees for transportation facilities; and
WHEREAS, as required by Section 395.056, the Capital Improvements Advisory
Committee submitted its written comments on the proposed amendments to the Land Use
Assumptions, Capital Improvements Plan, and Transportation Impact Fees on December 18,
2012; and
WHEREAS, the City has retained consultants to prepare land use assumptions, impact
fee capital improvements plans, impact fees and ordinance provisions in order to meet statutory
requirements; and
WHEREAS, on October 29, 2012, the City made available to the public, copies of the
proposed amended Land Use Assumptions, Capital Improvements Plan, and Maximum
Assessable Transportation Impact Fees; and
WHEREAS, as required by Section 395.054 of the Texas Local Government Code, the
City Council conducted a public hearing to discuss an ordinance amending the Land Use
Assumptions, Capital Improvements Plans and Transportation Impact Fees on January 15, 2013;
and
Ordinance No.20605-02-2013
Page 1 of 7
WHEREAS, the City Council must act upon the proposed amendments to the Land Use
Assumptions, Capital Improvements Plan, and Transportation Impact Fees within 30 days of
such public hearing; and
WHEREAS, the City Council desires to adopt the updated Land Use Assumptions,
Capital Improvements Plan, and Transportation Impact Fees for roadway facilities; and
WHEREAS, the City Council further desires to adopt revisions to Chapter 30, Article
VIII of the Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
SECTION 1
2013 TRANSPORTATION IMPACT FEE STUDY
UPDATED LAND USE ASSUMPTIONS, TRANSPORTATION IMPROVEMENTS
PLAN, AND MAXIMUM ASSESSABLE TRANSPORTATION IMPACT FEES
The 2013 Transportation Impact Fee Study, performed by Kimley-Horn and Associates,
Inc. ("2013 Study"), which contains updated land use assumptions for transportation facilities, an
updated Transportation Improvements Plan, and updated Maximum Assessable Transportation
Impact Fees Per Service Unit, as contained in Table 7 of the Study, is hereby adopted to update
all previously adopted land use assumptions, Transportation Improvements Plans, and Maximum
Assessable Transportation Impact Fees Per Service Unit, (a/1,Ja Schedule 1) of the City of Fort
Worth. The 2013 Study is incorporated herein by reference as if fully set forth, to be maintained
in the Office of City Secretary.
SECTION 2
UPDATED MAXIMUM ASSESSABLE TRANSPORTATION IMPACT FEES PER
SERVICE UNIT
SCHEDULE
The Maximum Assessable Transportation Impact Fees Per Service Unit, Table 7 of the
2013 Study is hereby specifically adopted for all purposes as the 2013 Schedule I and updates
the previously adopted Schedule I of the City. An exhibit containing the revised Schedule I is
attached hereto as Attachment A and incorporated herein for all purposes.
SECTION 3
UPDATED TRANSPORTATION IMPACT FEES PER SERVICE UNIT
SCHEDULE
The 2013 City of Fort Worth Transportation Impact Fees Per Service Unit, the 2013
Schedule 2, is hereby specifically adopted for all purposes and, subject to the provisions of
Ordinance No,20605-02-2013
Page 2 of 7
Chapter 30, Article VIII, Division 2, Sec. 30-173, Collection of Impact Fees, updates the
previously adopted Schedule 2 of the City. An exhibit containing Schedule 2 is attached hereto
as Attachment B and incorporated herein for all purposes.
SECTION 4
AMENDMENTS TO DIVISION 1 OF
CHAPTER 30, ARTICLE VIII
Chapter 30 (Streets and Sidewalks), Article VIII (Transportation Impact Fees), Division I
(General Provisions) is hereby amended by revising Sections 30-154 (Definitions) and 30-156
(Computation of maximum impact fees per service unit) as follows:
1. Section 30-154: the definition of"site-related facility," shall read:
Site-related facility means an improvement or facility which is for the primary use
or benefit of one or more new developments and/or which is for the primary
purpose of safe and adequate provision of transportation facilities to serve the new
development, including access to the development, which is not included in the
transportation improvements plan, and for which the developer(s) or property
owner(s) is solely responsible under subdivision or other applicable development
regulations.
2. Section 30-156: subsection (d) shall read:
(d) The maximum impact fee per service unit for transportation facilities, as
may be amended from time to time, hereby is declared to be an approximate and
appropriate measure of the impacts generated by a new unit of development on
the City's transportation system. To the extent that the impact fee charged against
a new development, as may be amended from time to time, is less than the
maximum impact fee per service unit, such difference hereby is declared to be
founded on policies unrelated to measurement of the impacts of the new
development on the City's transportation system. The maximum impact fee may
be used in evaluating any claim by a property owner that the dedication or
construction of a capital improvement within a service area imposed as a
condition of development approval pursuant to the City's subdivision or
development regulations is disproportionate to the impacts created by the
development on the City's transportation system.
SECTION 5.
AMENDMENTS TO DIVISION 2 OF
CHAPTER 30, ARTICLE VIII
Chapter 30 (Streets and Sidewalks), Article VIII (Transportation Impact Fees), Division 2
(Assessment and Collection of Impact Fees) is hereby amended by revising Sections 30-171
Ordinance No.20605-02-2013
Page 3 of 7
(Assessment and Collection Schedules for Impact Fees), 30-172 (Assessment of impact fees) and
30-173 (Collection of Impact Fees) as follows:
1. Section 30-171 shall read:
The amount of the impact fees to be assessed shall be as set forth in Schedule 1,
attached hereto and made a part of this Article by reference. The amount of the
impact fees which are to be paid shall be as set forth in Schedule 2 attached hereto
and made a part of this Article by reference. The amount of the impact fees to be
collected by vehicle-mile may be phased over a period of years, such amount to
be set forth by year in Schedule 2. Schedules I and 2 may be amended from time
to time utilizing the amendment procedure set forth in Section 30-191.
2. Section 30-172 (a)(1) shall read:
(1) For land first made subject to an impact fee upon adoption of the original
or an amendatory transportation impact fee ordinance, and which land was finally
platted before the effective date of such ordinance, assessment shall occur on the
effective date of the original or amendatory transportation impact fee ordinance,
as the case may be, and shall be the amount of the maximum impact fee per
service unit established by such original or amendatory ordinance, as set forth in
Schedule I thereof.
3. Section 30-173 (b) shall read:
(b) The impact fees to be paid and collected per service unit for a new
development, less any applicable discounts in accordance with Section 30-173(d),
shall be based on the amount listed in Schedule 2 and Section 30-173(d) in effect
at the time of final plat approval for a period of two (2) years after such approval
and thereafter the impact fees to be paid and collected per service unit shall be the
amount listed in Schedule 2, less any applicable discounts, then in effect. The city
may enter into an agreement with a developer for a different time and manner of
payment of impact fees, in which case the agreement shall determine the time and
manner of payment
4. Section 30-173 (c)(4) shall read:
(4) An applicant may request an alternative service unit computation for land
uses not contained in the most current edition of the Institute of Transportation
Engineers Trip Generation Manual by submitting a trip generation study
demonstrating the appropriateness of the trip generation rates for the proposed
development to the director for decision. An applicant may also include an
alternative service unit calculation in an appeal taken pursuant to Section 30-192.
5. Section 30-173 (d)(1) shall read:
(1) Adequate public facilities discount. The Schedule 2 transportation impact
fees shall be reduced by fifty (50) percent for any development where (a) one (1)
or more points of access serve at least seventy-five (75) percent of the PM peak-
hour site-generated traffic volumes; (b) such point(s) connect the development to
Ordinance No.20605-02-2013
Page 4 of 7
the city's thoroughfare system, as depicted in the city's master thoroughfare plan
(MTP); and (c) the transportation facility so connected has been improved to its
ultimate capacity as classified under the current master thoroughfare plan, or will
be improved to its ultimate capacity within twenty-four (24) months of the date of
final plat approval for the development pursuant to a funded capital improvement
plan of the city. Eligibility for this discount must be determined no later than
issuance of the first building permit for land subject to the final plat.
6. Section 30-173 (d)(3) shall read:
(3) Extraordinary investment discount. The amount of transportation impact
fees due under Schedule 2 shall be reduced fifteen (15) percent for any
development that results in all of the following qualifications, as jointly
determined by the Department of Transportation and Public Works and the
Department of Housing and Economic Development: (1) $15 Million in capital
investment, excluding land costs; (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 additional $15 Million in capital investment or additional 100
qualified new jobs, the impact fee amount due under Schedule 2 will be further
reduced by an additional five (5) percent, up to a maximum reduction of fifty (50)
percent. A development may receive this discount and have a period of up to 3
years from the issuance of a building permit to qualify under the terms of this
discount. Impact fees otherwise paid shall be refunded to the original payor at the
time of issuance of the building pen-nit. A development shall refund a pro rata
share of this discount should the development not continue to maintain the
number of new jobs for a period of at least 10 years from the date of building
permit (or the date of qualification for this discount), equal to ten (10) percent per
annum for each year that the number of jobs is not maintained. The terms related
to this discount shall be incorporated within an agreement for credits pursuant to
Section 30-182.
7. Section 30-173 (d)(4) shall read:
(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 one hundred (100)
percent.
8. Section 30-173 (h) shall be deleted in its entirety.
SECTION 6.
AMENDMENTS TO DIVISION 3 OF
CHAPTER 30, ARTICLE VIII
Chapter 30 (Streets and Sidewalks), Article VIII (Transportation Impact Fees), Division 3
(Credits against impact fees) is hereby amended by revising Section 30-181 (Credits against
transportation impact fees) as follows:
Ordinance No.20605-02-2013
Page 5 of 7
1. Section 30-181 (b) shall read:
(b) Master planned projects, including subdivisions containing multiple
phases, and whether approved before or after the effective date of these impact fee
regulations, may apply for credits against transportation impact fees for the entire
project based upon contributions of land, improvements or funds toward
construction of system facilities, or other transportation improvements supplying
excess capacity. Credits shall be determined by comparing costs of transportation
improvements supplied by the project with the costs of transportation
improvements to be utilized by development within the project, utilizing a
methodology approved by the City. The credit determination shall be
incorporated within an agreement for credits, in accordance with Section 30-182.
2. Section 30-181 (c) shall read:
(c) The City's policies and regulations, as amended, governing community
facilities agreements shall apply to determine a new development's obligations to
construct adjacent system facilities. The obligation to construct, however, shall
not exceed the maximum impact fees assessed against the new development under
Schedule 1. Construction required under such policies and regulations shall be
credited against the amount of transportation impact 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 one hundred (100) percent of the impact fees and
no impact fee shall be collected thereafter for the development, unless the number
of service units is subsequently increased.
SECTION 7.
AMENDMENTS TO DIVISION 5 OF
CHAPTER 30, ARTICLE Vill
Chapter 30 (Streets and Sidewalks), Article VIII (Transportation Impact Fees), Division 5
(Transportation Impact Fees) is hereby amended by revising Sections 30-201 (Transportation
service areas) and 30-202 (Transportation improvements plan) as follows:
1. Section 30-201 (a) shall read:
(a) There are hereby established nineteen (19) transportation service areas,
constituting land within the City's boundaries, as described and depicted in the
"2013 Transportation Impact Fee Study", dated October 23, 2012, prepared by
Kimley-Horn and Associates, Inc., on file with the City Secretary's Office.
2. Section 30-202 (a) shall read:
(a) The Transportation Improvements Plan for the City of Fort Worth is as
presented in the "2013 Transportation Impact Fee Study", dated October 23,
2012, prepared by Kimley-Horn and Associates, Inc., on file with the City
Secretary's Office.
Ordinance No.20605-02-2013
Page 6 of 7
3. Section 30-202 (b) shall be amended by adding a full stop period to the end of the
sentence.
4. Section 30-203 (a) shall read:
(a) The maximum impact fees per service unit for transportation facilities are
as shown on Schedule 1, on file with the City Secretary's Office.
5. Section 30-203 (b) shall read:
(b) The impact fees per service unit for transportation facilities, which are to
be paid by each new development, are as shown on Schedule 2, on file with the
City Secretary's Office.
SECTION 8.
SEVERABILITY
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 the validity of any section,
subsection, sentence, clause or phrase of this ordinance should be declared to be invalid, the
same shall not affect the validity of any other section, subsection, sentence, clause or phrase of
this ordinance.
SECTION 9
CONFLICTS
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances for the City of Fort Worth, Texas, 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 the conflicting provisions of such ordinances and Code are hereby repealed.
SECTION 10
EFFECTIVE DATE
This ordinance shall take effect on April 1, 2013.
APPROVEDIAS TO FORM AND LEGALITY:
By:
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Assistant City Attorney
Adopted: February 5, 2013
Effective: April 1, 2013
Ordinance No.20605-02-2013
Page 7 of 7
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n asterisk(*) represents a no-fee service area. October 2012 and
F A .
Attachment A
Schedule I
Maximum Assessable
Transportation Impact Fees
Per Vehicle-Mile
Assessment
Date Before 4/1/2013 On or After 4/1/2013
[as per City Code§30-172(a)]
Service Area A $ 989 $ 2,;158'
ervi
Area '$ — I I
.......... ........ ............ ...................................
'//.............
Service Area AA $ 63 $ 228
1
____.-------------------------- - ----------
Service Area B $ 2,014 2
419
Service Area C $ 640 1,323
Service ervice Area D 987 $ %6
--- -----------
Service Area E 969 $ 2,708
........................... ........... —------------------
service ...Area ' ------ $ 3871$ 9918
.... ......
Service Area G $ 755 $ 2,091
............................... ......
Area L 619 1,561
Service Area M 1,450 $ 2,551
---------------------------------------
—N $ 1,283
------- _Area---------------------------------------------------------------------------- ........... .................. ... ........... .... ......... , __
Service Area-O 1,632 $ 1,014
------------------11
Service Area S 1,028 2,398
...............
Service Area T - --- -- $ 726 $ 2,322
-_-----_---------
Service Area U 567.. ..x._.,
67 $ 2,921
...............
Service Area W $ 121 $ 860
Service Area X $ 999 $ 2,312
-----------------------
Service Area Y 1,213 $ 2,370
................................ .......
-Service Area Z 1,618 �1,$ 2,962
1/11/2013
Attachment B
Schedule 2
Collection Rates On or After 4/1/2013
Transportation Impact Fees
Per Service Unit
Assessment
Date Before 4/1/2013; and On or After 4/1/2013; and
[as per City Code
§30-172(a)l
Building Permit Within two years from date of On or after two years from date of
Application Final Plat Approval Final Plat Approval On or After 4/1/2013
Date
Service Areas Residential Non-Residential Residential Non-Residential Residential Non-Residential
15'
'A $500.00 $375.00 $3 "'."00
AA $63.00 $63.00 $228.00 $228.00
$500.00 $375.00 I'll$5(1,00 11 1 11 11 11 1 _ff$375' 0,0
C $500.00 $375.00 $500.00 $375.00
D 500.00 $375.00 $500.00 $375,00
E $500.00 $375.00 $500.00 $375.00
.............. -------------------
$387.00 $375.00 $500.00 $375.00---,
$500.00 $375.00 $500.00 $375.00
............ ..............
L Refer to Schedule 2 $330.03 $247.52 $330.03 $247.52
M
..........from Ordinance $..3.........3....-0_.-0-.----3-------
$247.52 $330.03 $247.52
No. 18083-05-2008 $330.03 $247.52 $330.03 $247.52
. ..... . ..... ---------------
-
0 $330.03 $247.52 $330.03 $247.52
............................ .......... .............
$500.00 $375.00 $500.00 $375.00
---------- ...............
T $500.00 $375.00 $500.00 $375.00
............. ------
$500.00 $375.00 $500.00 $375.00
_-_____----------- .... ..........................
W $121.00 $121.00 $500.00 $375.00
.............. . ................... ....... ..........
$500.00
L_ ... .. $375.00 $500.00 $375.00
Y $500.00 $375.00 $500 00 $375.00
Z ...... ..... . .
..............
$500.00 $375.00 $500.00 $375.00
1/24/2013
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, February 05, 2013 REFERENCE NO.: G-17799
LOG NAME: 061000 AMEND TRANSPORTATION IMPACT FEES 2013
SUBJECT:
Adopt Ordinance Amending Chapter 30 of the City Code, Streets and Sidewalks, Article VIII,
Transportation Impact Fees and Revising the Land Use Assumptions, Capital Improvements Plan and
Impact Fee Schedules for Transportation Facilities (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 30 of the City
Code, streets and sidewalks, Article VIII, Transportation Impact Fees and revising the land use
assumptions, capital improvements plan and impact fee schedules for transportation facilities.
DISCUSSION:
Texas Local Government Code (TLGC) Chapter 395 governs the imposition of impact fees and requires
that the City update its land use assumptions, capital improvements plan and impact fees at least every
five years. The City Council adopted the current land use assumptions, capital improvements plan and
maximum assessable fees, also known as Schedule 1, for transportation facilities on February 19, 2008
by Resolution No. 3586-02-2008. The City Council established transportation impact fees on April 29,
2008 by adopting Ordinance No. 18083-05-2008, M&C G-16122, and amending the Code of Ordinances
of the City of Fort Worth. This is the first update to transportation impact fees since their adoption in
2008.
The land use assumptions update includes amending the service area boundaries and growth projections
for each service area over a 10-year horizon. The capital improvements plan update includes amending
the list of impact fee-eligible projects and costs for the same time period based on the amended land use
assumptions for each service area. The determination of the maximum assessable fees is based on the
amended land use assumptions and capital improvements plan. The TLGC requires that the City Council
hold a public hearing to discuss these amendments and act on the amendments within the 30 days after
the date of the public hearing.
The City contracted with Kimley Horn and Associates, Inc. to prepare the 2013 Transportation Impact Fee
Study(2013 Study), comprised of the land use assumptions, capital improvements plan and determination
of the maximum assessable fees through City Secretary Contract No. 43232, M&C C-25596. The net
effect of the amendments is a citywide average increase in the maximum assessable fees of 256 percent
due to increased construction costs of the capital improvements plan and reduced rates of growth. The
2013 Study has been available for public inspection since October 29, 2012 on the City's Transportation
Impact Fee website (www.fortworthtexas.gov/impactfees). The Capital Improvements Advisory
Committee for Transportation Impact Fees (CIAC) reviewed the 2013 Study and submitted its
recommendation of adoption to City Council on December 18, 2012, M&C G-17773.
On December 11, 2012, the City Council approved Resolution No. 4155-12-2012 calling for a public
hearing to consider the amended land use assumptions, capital improvements plan and maximum
Logname: 061000 AMEND TRANSPORTATION IMPACT FEES 2013 Page 1 of 2
assessable fees. Notice of the public hearing was published in the Fort Worth Star-Telegram on
December 13 and 20, 2012 in accordance with TLGC. The amending ordinance and proposed collection
rates, also known as Schedule 2, were made publically available on the City's Transportation Impact Fee
website prior to the public hearing. On January 15, 2013, the City Council conducted the public hearing in
an open session at a regularly scheduled City Council meeting and received comments from the public on
the proposed amendments.
The proposed 2013 eellection rates eentinue the revenue neutral eost sharing between developers
, and are based o i Hie 2013
tasessable fees. xhe proposed 2015 eelleetiien rateg refleet equitable e0st sha I
.
The proposed 2013 collection rates increase the percentage of the 2008 maximum assessable fee
charged in the North, West, and South sectors to 50% for residential and 41% for non-residential on a
"smoothed" basis, presented as Option B, and as shown on the corresponding revised Attachment B —
Schedule 2. The 2010 Mayor's Blue Ribbon Task Force on Infrastructure Funding recommended this
equitable cost sharing. The collection rates for the eastern sector of the City, service areas L, M, N and O,
are held at the 2008 rates, also as recommended by that task force. On December 21, 2012, the CIAO
unanimously recommended that City Council adopt the proposed collection rates.
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 by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Katherine Beck (7918)
Additional Information Contact: Julie Westerman (2677)
Logname: 061000 AMEND TRANSPORTATION IMPACT FEES 2013 Page 2 of 2