HomeMy WebLinkAboutOrdinance 20852-08-2013 CITY OF FORT WORTH,TEXAS
ORDINANCE NO. 20852-08-2013
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF
THE CITY OF FORT WORTH, TEXAS (1986) AS AMENDED, BY
AMENDING ARTICLE VIII, TRANSPORTATION IMPACT FEES,
CHAPTER 30, STREETS AND SIDEWALKS, TO AMEND THE
DEFINITION OF CHANGE OF USE AND AMENDING A
RELATED PROVISION FOR WAIVERS AND EXEMPTIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING FOR A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, in 1987 the Texas Legislature adopted Senate Bill 336, subsequently
amended and adopted as Chapter 395 of the Local Government Code authorizing impact
fees for "roadway" facilities; and
WHEREAS, on May 13, 2008, the City of Fort Worth adopted Ordinance No. 18083-05-
2008 creating a Transportation Impact Fee program, subsequently codified under Chapter
30, Streets and Sidewalks, Article VIII, Transportation Impact Fees; and
WHEREAS, on March 6, 2012, the City of Fort Worth adopted Ordinance No. 20086-
03-2012 providing a waiver from transportation impact fees for certain change of use
projects; and
WHEREAS, the City Council desires to promote the reuse of existing buildings and
infrastructure where appropriate; and
WHEREAS, the City Council finds that the legitimate reuse of existing structures via
change of use permits promotes sustainable development.
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS:
SECTION 1.
That the Code of Ordinances, City of Fort Worth, Texas (1986), as amended, is hereby
further amended by amending Article VIII, Transportation Impact Fees, Chapter 30,
Streets and Sidewalks, Division 1, General Provisions, Section 30-154, Definitions, the
term Change of use, only, as follows:
Change of use means a new development involving a change in use or occupancy
of any existing structure, with the exception of shell structures never previously
occupied, that has the effect of increasing the number of service units beyond
those attributable to the immediately preceding use, which requires the issuance
Ordinance No. 20852-08-2013
Page 1 of 2
of new permit, and which may include but ia not limited tothe
redevelopment, conversion, structural alteration, or enlargement of any structure.
SECTION 2'
That the Code ofOrdinances, City of Fort Worth, Texas (1986), as amended, is hereby
further ooucodod by amending Article VIII, Truuupodn1iuo lnoyou< Feco. Chapter 30,
Streets and Sidewalks, Division 4, Update and Relief Procedures, Section 30-195'
Waivers and exemptions, subsection (o) usfollows:
(c) A change in use, as defined in Section 30-154, is exempt from the payment of
impact fees.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth,Texas (l9X8), as amended, except where the provisions ofthis 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 in hereby declared to be the iutozhno of the City Council that the sections, paragraphs,
xeoteooco, clauses and pbzumou of this ordinance are severable, and if any phraue, clause,
sentence, paragraph or oeodoo of this ordinance obaU be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, aooteuooy, paragraphs and sections of this ordinance, since the same vvno\d have
been enacted by the City Council without the incorporation io this ordinance nf any such
void,ineffective or unconstitutional phrase,clause,sentence,paragraph or section.
SECTION 5,
This ordinance shall Lake effect and beinfull force and effect from and after its passage, and
itimaoordained.
T�FORM AND LEGALITY:
ADOPTED and EFFECTIVE: August 6, 2013
Ordinance No.28852-0O-28l3
Page 2n[2
BLACKLINE OF ORDINANCE AMENDMENTS
CHAPTER 30—STREETS AND SIDEWALKS
ARTICLE VIII—TRANSPORTATION IMPACT FEES
DIVISION I —GENERAL PROVISIONS
See. 30-154. — Definitions.
[-Fhe following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:]
Assessment means the determination of the amount of the maximum impact fee per
service unit which can be imposed on new development pursuant to this article.
Capital improvement means a transportation facility with a life expectancy of three(3)
or more years, to be owned and operated by or on behalf of the city.
Capital improvements advisory committee means the city's plan commission, together
with such ad hoc representatives as may be appointed from time to time, to fulfill the
composition mandated by Tex. Loc. Gov't. Code § 395.058.
Change of use means a new development involving a change in use or occupancy of
any existing structure, with the exception ofshell structures never previously occupied,
that has the effect of increasing the number of service units beyond those attributable to
the immediately preceding use, which requires the issuance of a new boil g permit, and
which may include but is not limited to the reconstruction, redevelopment, conversion,
structural alteration, or enlargement of any structure.
City means the City of Fort Worth, Texas.
Credit means a reduction in the amount of a transportation impact fee for a new
development, either by a decrease in the number of service units attributable to such
development or a decrease in the amount of transportation impact fees otherwise due, that
results from contributions of land, improvements or funds to construct system
improvements in accordance with the city's subdivision and development regulations,
policies or requirements.
Facilities expansion means a transportation facility expansion.
Final plat approval means the point at which the applicant has complied with all
conditions of approval and the executive secretary of the city plan commission executes
the applicant's plat.
means afee for transportation facilities imposed ou new development by
the city pursuant to this article in order bo generate revenue io fund or recoup all or part of
the costs of capital improvements or facility expansion necessitated by and attributable to
such new development. Impact fees do not include the dedication of rights-of-way or
easements for such facilities, or the construction ofsuch improvements, imposed
pursuant to the city's zoning ursubdivision regulations.
Land use assumptions means the projections ofpnpu)ubonundeonploynuuntSrowth
and unaociu1cd nbuugoo in land uses, densities and iotooxidex adopted by the city, as may
bo amended from time to time, upon which the transportation impact fee capital
improvements plans are based.
Land use equivalen�y table means a table converting the demands for capital
improvements generated by various land uses to numbers of service units, as may be
amended from time to time. The land use equivalency table may be incorporated inu
schedule ofimpact fee rates.
New development means uproject involving the construction, reconstruction,
redevelopment, conversion, structural alteration, relocation, or eo|urgconout of any
structure, or any use or extension of land, which has the effect of increasing the
requirements for capital improvements or facility expansions, measured by the number of
service units to be generated by such activity, and vvbiuh requires either the approval and
filing with the county in which the property is located of a plat pursuant to the city's
subdivision regulations or the issuance of a building permit, and which has not been
exempted from these regulations by provisions herein.
Property owner means any person, corporation, legal entity or agent thereof having a
legal or equitable interest in the land for which an impact fee becomes due. Property
owner includes the developer for the new development.
/Youmoponont means the imposition ofuo impact fee toreimburse the city for capital
iooynnvcmoutn vvbicb the city has previously oversized to serve new development.
Roadway means any principal, major orruioocmteriu} oroo|)coiordemiguotedintho
city's adopted master thoroughfare plan, as may be amended from time to time. Roadway
also includes any thoroughfare designated as aounobcrcd highway on the official federol
oc Texas Highway System; to the extent that the city incurs capital improvement onda for
such facility.
Service area means u transportation service area within the city, within which impact
fees for transportation improvements or transportation facility expansions may be
collected for new development occurring within such area and within which fees yo
collected will bo expended for those types of improvements or expansions identified io
the transportation improvements plan applicable to the service area.
Service unit means u vehicle mile. A vehicle-mile shall be defined ao one (1) vehicle
traveling u distance of one (1) mile during the afternoon peak hour.
Site-relatedfacility means uu improvement or facility which ia 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 thudeve|oper(y) or property ovvoer(a) is solely
responsible under subdivision or other applicable development regulations.
Systemjacility means a transportation improvement or facility expansion which is
designated io the transportation improvements plan and vvbinb im not asite-related
5xoi}dy. System facility may include abunspodoiioo improvement which is located
offsite, or within ocoo the perimeter uf the development site.
Transportation facility means an improvement or appurtenance to a roadway which
includes, but is not limited to, nights-of-way, whether conveyed by deed or easement;
intersection improvements; traffic signals; tzoz lanes; drainage facilities associated with
the trunopnduboo facility; street lighting nrcurbs, and water and vvomLen/u0cc
improvements affected by the transportation DxoUiiy. Transportation facility also iuo|udcx
any improvement or appurtenance to an intersection with a roadway officially
enumerated in the federal or Texas Highway System, and to any improvements or
appurtenances to such federal or Texas Highway, to the extent that the city has incurred
capital costs for such tmoi|idoo, including without Unni(utinu local ruutubiug funds and
costs related to utility line relocation and the establishment o[curbs, gutters, oidnwu|ko`
drainage appurtenances uod nighto-of-vvnv. Transportation facility excludes those
improvements or appurtenances to any roadway which is a site-related facility.
Transportation facility expansion means the expansion of the capacity of an existing
roadway in the city, but does not include the repair, maintenance, modernization, or
expansion mfuo existing roadway hn better serve existing development.
Transportation improvements plan means the adopted plan, as may be amended from
time to d000,vvbioh identifies the transportation facilities or transportation facility
expansions and their costs for each transportation service area, which are necessitated by
and which are attributable to new development, for a period not to exceed ten (10) years,
vvbinb are\obe fiouuoed in whole ncin part through the imposition oftransportation
impact fees pursuant in this article.
DIVISION 4. — UPDATE AND RELIEF PROCEDURES
Sen. 30-lg5. —Waivers and exemptions.
(a] Pursuant tn Tex. Loc. [}ov'LCode Section 395.022, au amended, u school district ix
not required to pay transportation impact fees imposed under this article unless the board
of trustees of the district consents to the payment of the fees by entering u contract with
the city imposing the fees.
(b) Impact fees will be waived for qualified Neighborhood Erupovvernoeut Zone
(NEZ)projects or properties.
(c) A change inuse,
is exempt
from the payment of impact fees.
City of Fort Worth, Texas
Mayor and Council Communication
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DATE: Tuesday, August 06, 2013 REFERENCE NO.: G-17963
LOG NAME: 06TRANP IMP FEE CHANGE OF USE AMENDMENT
SUBJECT:
Adopt Ordinance Amending the Transportation Impact Fee Regulations Regarding Waivers for Change of
Use Projects (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending the Transportation Impact
Fee Regulations to more clearly define the term and application of change of use as it relates to
Transportation Impact Fees and to provide a waiver from the transportation impact fee for all change of
use permits.
DISCUSSION:
The City Council adopted the Transportation Impact Fee Regulations, Ordinance 18083-05-2008, on May
13, 2008, (M&C G-16122) in order to assure the provision of adequate transportation facilities to serve
new development. The Ordinance applies to all new development within the corporate boundaries of the
City, including construction, reconstruction, redevelopment, conversion, relocation and expansion projects.
Upon the recommendation of the Blue Ribbon Task Force on Transportation Infrastructure, the City
Council approved an ordinance Amendment to exempt all Change of Use permits from Transportation
Impact Fees, with the exception of those projects that increased traffic demand by a factor of 10 or more.
(M&C G-17534, Ordinance 20086-03-2012). It has been found that the only type of Change of Use
permits that exceed the 10-fold increase and are still subject to transportation impact fees are projects
converting a Church to a Daycare facility. This change of use scenario constitutes a minute fraction of the
total permit volume with only six being processed in the last calendar year.
The proposed ordinance Amendments will more clearly define a Change of Use as it relates to
transportation impact fees and will exempt all Change of Use permits from Transportation Impact Fees. A
change of use shall hereafter be defined as a new development involving a change in use or occupancy of
any existing structure, with the exception of shell structures never previously occupied, that has the effect
of increasing the number of service units beyond those attributable to the immediately preceding use,
which requires the issuance of a new permit, and which may include but is not limited to the
reconstruction, redevelopment, conversion, structural alteration, or enlargement of any structure.
The Development Advisory Committee was briefed on this proposed ordinance Amendment and voiced a
concern that the proposed changes may negatively impact occupancy of shell buildings constructed within
the past five years which have not yet been completed and occupied. To address that concern, permits
changing the use or occupancy of shell buildings built prior to the ordinance effective date will not be
subject to additional transportation impact fees and the proposed Amendment will only apply to shell
buildings permitted after the effective date of this ordinance.
FICf:AI ING(1RMATIr)N /r'FRTIF'Ir:ATI(1N-
Logname: 06TRANP IMP FEE CHANGE OF USE AMENDMENT Page I of 2
The Financial Management Services Director certifies that this action will not increase the total
appropriations of City funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bW Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
David Schroeder (2239)
Additional Information Contact: Julie Westerman (2677)
Logname: 06TRANP IMP FEE CHANGE OF USE AMENDMENT Page 2 of 2