HomeMy WebLinkAboutResolution 4204-05-2013 A Resolution
NO. 4204-05-2013
ADOPTING AN AMENDMENT TO THE POLICY FOR THE URBAN VILLAGE
STOREFRONT/FACADE IMPROVEMENT PROGRAM (RESOLUTION NO. 4181-02-2013)
TO INCORPORATE A REVISION CHANGING THE APPELLATE BODY FROM THE
URBAN DESIGN COMMISSION TO THE COMMUNITY DEVELOPMENT COUNCIL
WHEREAS, on February 12, 2013, the City Council approved the creation of the Urban Village
Storefront/Fa�ade Improvement Program ("Program") and adopted a policy for the Program ("Policy")
(M&C G-17804);
WHEREAS, the Policy provides that denials of applications for funding under the Program can
be appealed to the Urban Design Commission but since it may also at times serve as an approving body
for applications, it cannot also serve as an appellate body; and
WHEREAS, the Corm-nunity Development Council has agreed to serve as an appellate body for
the Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
THAT the City hereby amends the Policy for the Urban Village Store front/Fa�ade Improvement
Program, attached hereto as Exhibit "A", to incorporate a revision changing the appellate body
for the Program from the Urban Design Commission to the Community Development Council.
ADOPTED this 10 day of May, 2013.
ATTEST:
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Adopted February l2,%0|6
Amended May 14,ZO13 �
CITY OF FORT WORTH
POLICY FOR THE
URBAN VILLA GE S TOREFR ONTIFAC4DE0MPR 0 VEMENT PR OKRAM
D. GENERAL PURPOSE AND OBJECTIVES
A. The purpose of the Urban Village 8tore6nnt/[avode Improvement Program (^^Pafude
Improvement Poag,uon") is to encourage 1oou| businesses to improve
a<orcfiontn/fagudeo in eligible u,eux, and to promote oonnn,eoiu| revitalization and
economic development. The Fu�ude Improvement Program is funded with revenues
generated from the City-owned parking garage located under General Worth Square
originally funded with Urban [}cvo|opnnont Action Grant (^^UDAG'') funds.
Revenues from the |cumo are deemed "Grant VLcveoucm" under the UL}&G Grunt
Agreement, and can only bn spent*n specific uses allowed by |xvv.
B. The City of Fort Worth ("City`)may use Grant Revenues uafollows:
l. for community or eoononnio development activities eligible for uouiutonoe under
Title 1of the Housing and CnnunnuuityUovc|opnouoi Act nfl9?4` 42O8C5201 et
xoy.. as amended;
2. for projects that are located in a Community Development Block Grant (`^CZ)BG")
eligible area; and
l for projects that include private investment.
��.
DEFINITIONS
^]9oiloinp^ mcmun, for funding purposes, o contiguous structure with xhoo:d wu||u, not
inoludingfirevvu||u.
"Eligible Inorovemankr" means any construction or aesthetic alteration made to the side
of the Building parallel k) the primary right-of-way and inoprovcnnuuLu to the interior wall
of [ugod* caused as a result of improvements to that fufude' as approved by City atu[[
through the application pnncoaa.
"Developer" nucunn u |cgu| entity/party that enters into the Reimbursement A8Teeno*ot
with the City toruooivefundu from the Fugude Improvement Program.
"Foouue^ nneonm the portion of u Building puru||c| to the ydonury right-of-way as
determined by City.
^^Ovoer" means the legal owner of the property on vvbioh the Project is located.
"Project" means the City approved improvements to the Building eligible for Fupadc
Improvement Program funds.
Page |
Adopted February 12,2013
Amended May 14,2013
III. ELIGIBLE PROJECTS
A. Eligible Projects. In order for a Project to be considered for funding under the
Fagade Improvement Program, it must meet the following criteria:
1. The Project must be located in
a. a CD:BG-eligible area, and
b. one of the following Urban Villages:
• Six Points
• Polytechnic/Wesleyan
• Oakland Corners
• Historic Handley
• Berry/Stalcup
• Near Fast Side
• Evans and Rosedale
• South Main
• Hemphill/Berry
• Historic Marine
2. The use of the property must be in compliance with the City's Zoning Ordinance.
3. The Developer:
a. must invest its own funds on Eligible Improvements;
b. must submit a complete application to the City;
c. must not be delinquent in paying property taxes for any property owned by the
Developer; and
d. must not have any City liens filed against any property owned by the
Developer, including but not limited to, weed liens, demolition liens, board-
up/open structure liens and paving liens.
4. No delinquent taxes shall be owed for the property on which the Project is located.
IV. ELIGIBLE IMPROVEMENTS AND EXPENDITURES
A. Eligible Improvements. Eligible improvements are limited to the following:
1. signage attached to the facade;
2. painting;
3. siding;
4. brick/stone/masonry;
5. glass;
6. windows;
7. doors;
8. trim;
9. awnings;
10.structural improvements to facade; or
11.exterior lighting attached to the facade.
Page 2
Adopted February \2,%O�
Amended May lu~z013 |
B. Ineligible Improvements:
I. exterior improvements located nnLhnoidcso,rourofbuiNings;
2. interior improvements;
J. landscaping;
4. parking lots and/or paving;
5. sidewalks,
6. equipment;
7. permitting fees
8. anoN{en\urn|, survey or other professional fees; or
9. costs related to improvements not made ou the fauude.
V. SELECTION PROCESS
A. Application. & noonp\e\c application with the mpy|iuuhou fee of $50.00 must be
submitted along with the following attachments:
|. proof of ownership and/or occupancy such as dcod/|euuc If the Developer does
not own the property on which the Project is located, the Developer must provide
proof satisfactory to City that the proposed improvements are u||op/cd and
authorized by the Owner;
2. detailed explanation ofproposed improvements;
3. renderings, elevations, drawings etc. for the proposed improvements;
4. photographs of existing conditions; and
5, construction cost breakdown that differentiates Eligible |onprovernouta from other
improvements if any.
B. Denied Applications.
]. Applications will be denied 30 days after submission if all required documentation
ia not received by the City.
2. /\op|icun|m will have 60 days after the date of denial to resubmit applications
without paying u new application fee.
C. Design Review Committee. A Keui8u Review Committee composed of City staff
will nuvio*v the u*nop1cio application to oouun: Project eligibility and feasibility. The
Committee will develop guidelines and objectives for the Pu�udm Improvement
Program. Projects will be selected on u first come, first served basis of completed
applications and will be approved huood upon designs that meet the purpose and
objectives ofthe Fm�udelnopoovemneut Program.
D. Applicants will be notified in writing o[the City's decision.
E. lf City staff denies the application, then Applicant may appeal the denial to the City's
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Page
Adopted February 12,2013
Amended May 14,2013
The is- CDC will make the final determination for approval or denial of the
application.
VI. REIMBURSEMENT OF ELIGIBLE FACADE IMPROVEMENTS
A. Funding for a Project is subject to availability and will be allocated on a first come,
first approved basis. Once an application is approved, in order to participate in Facade
Improvement Program, a Reimbursement Agreement outlining the terms and
conditions of City providing funds to the Project must be executed by the Owner.
Funding for the Project will be set aside so long as construction permits are pulled or
work has commenced on the fa4ade within 180 days of Project approval.
B. City shall reimburse $1.00 for every $3.00 spent by Developer on Eligible
Improvements at the completion of the Project. City shall only reimburse for eligible
facade improvements and shall not reimburse any funds spent on improvements made
to other portions of the building.
C. Each Project can receive a maximum of $30,000 per building for Eligible
Improvements.
D. Funds will be paid to Developer after all improvements have been made and
approved by City and the terms of the Reimbursement Agreement have been met.
E. In order to receive funds, Developer must provide proof of expenditures for Eligible
Improvements with supporting documentation which may include:
1. itemized invoices that differentiate Eligible Improvements versus other
improvements;
2. cleared checks and/or bank statements;
3. release of liens for the work performed, if any;
4. certificate of occupancy;
5. final inspection report from City; and
6. photographs of completed Eligible Improvements.
VII. REQUIREMENTS FOR APPROVED PROJECTS
A. Approvals. Prior to construction commencement, all federal, state, and/or local
approvals necessary to complete the improvements must be provided. Approvals
could include:
1. City's Historic and Cultural Landmarks Commission;
2. City's Zoning Commission;
3. City's Urban Design Commission;
4. City's Downtown Design Review Board;
5. City's Plan Commission;
.Page 4
Adopted February l2.2Ol3
Amended May 14 2013 �
6. City's Building Standards Commission; and
7. Permitting.
B. Project Completion. The completion date of the improvements to be constructed
will be determined on a omne by uunc basis, and will be included in the
Reimbursement /\8,noocuL lftho Project is not completed by this date, then the
Project will be ineligible for funding, but City staff in its sole discretion may extend
this date upon written request from the Developer.
Page
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL;ACTION.- Aliiproved on 5/14/2013 - Resolution No, 4204.06-2013
DATE: Tuesday, May 14, 2013 REFERENCE NO.: G-17892
LOG NAME: 17FIP POLICY AMENDMENT
SUBJECT:
Adopt Resolution Amending the Policy for the Urban Village Storefront/Facade Improvement Program to
Change the Appellate Body from the Urban Design Commission to the Community Development Council
(COUNCIL DISTRICTS 2, 5, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution amending the policy for the Urban
Village Storefront/Facade Improvement Program to change the appellate body from the Urban Design
Commission to the Community Development Council.
DISCUSSION:
On February 12, 2013, the City Council approved Resolution No. 4181-02-2013 approving the creation of
an Urban Village Storefront/Fagade Improvement Program (Program)and adopting a policy for the
Program (M&C G-17804). The policy provides that appeals of denials of funding under the Program be
heard by the Urban Design Commission. However, Staff has been advised that the Urban Design
Commission should not serve as the appellate body for the Program because it is already part of the
design approval process and hearing appeals would conflict with its role under the Zoning
Ordinance. Since the Program is funded with Urban Development Action Grant funds, which must be
spent in a similar manner as Community Development Block Grant(CDBG)funds in CDBG-eligible areas,
Staff proposed that the Community Development Council (CDC)hear appeals under the Program. Staffs
proposal was based upon the CDC's familiarity with CDBG and other federal requirements.
Staff made a presentation about the Program and its appeals process to the CDC at its April 10, 2013
meeting and the CDC agreed to hear appeals of denials of funding under the Program. Since the CDC
has agreed to serve as the appellate body for the Program, Staff recommends amending the policy.
This project is located in COUNCIL DISTRICTS 2, 5, 8 and 9.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Oriainatina Department Head: Jay Chapa (5804)
Cynthia Garcia (8187)
Additional Information Contact: Leticia Rodriguez (7319)
Logname: 17FIP POLICY AMENDMENT Page I of I