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HomeMy WebLinkAboutOrdinance 16161ORDINANCE NO. ~ ~Q ~ ~„~ ~ _ ___ AN ORDINANCE AMENDING CHAPTER 2S, "PLANNING" OF THE CODE OF THE CITY OF FORT WORTH (198b), AS AMENDED, BY AMENDING SECTION 25-1 TO CHANGE THE FEES FOR CERTAIN SERVICES RELATED TO ZONING BOARD OF ADJUSTMENT, ZONING COMMISSION, AND PLAN COMMISSION FUNCTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN Tl~IE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 25 of the Code of the City of Fort Worth, Te~cas {1986}, as amended, is hereby amended by revising Section 25-1 to read as follows: Sec. 25-1. Application fees charged by Zoning Board of Adjustment, Plan Comrr~ission and Zoning Cornrnission. (a} For services rendered, the following schedule of fees and charges is hereby adopted: APPLICATION FEES (1) Zoning Board of Adjustment: {1) Variance: a. Residential {owner-occupied} .. $170.00* b. Nonresidential...$340.00* (2} Special exception ... $365.00* a. Front Yard Carports...$170.00 {3) Interpretation request ... $390.00 ~` Plus an additional fifty-five dollars {$55.00) far each additional variance or special exception requested in same application. {2} Plan Commission: {1) Plats: a. Concept plan ... $500.00 b. Preliminary plat: 1. Less than 7S acres ...$615.00 2. 75 acres or more ...$615.00* (*Plus $10.00 per each acre aver 75 acres) Plat Size (2) Final Plat a. Fewer than 3 lots b. 3 lots ar rnore 18" ~ 24" 24" x 36" $290.00 $310.00 $290.00* $310.00* (*Plus $15.00 per lat over 3 lots) {3} Re-plat (With Public Hearing) a. Fewer than 3 lots $415.00 $430.00 b. 3 lots ar more $415.00* $430.00* {*Plus $15.00 per lot over 3 lots) {4) Shart Farm Replat a. Fewer than 31ats b. 3 lots or more $290.00 $310.00 $290.00* $31o.ao~ (*Plus $15.00 per lot over 3 lots} (5) .Plat Vacation {6} Plat Correction $415.00 $55.00 $430.00 $70.00 Filing fees with the county: Collection of filing fees far the appropriate county will be in addition to the fee rates above. (3) Vacations or Closures, ROW, Emergency and Public access easements a. Street and alley vacations ... $615.00 b. Public access or emergency easement vacation ... $370.00 c. Community facilities contract fee ... $400.00 d. Street name change ... $620.00 (4) Annexation: a. 75 acres or less ... $620.00 b. More than 75 acres ... $620.00* (*Plus $5.00 per acre aver 75 acres) c. Lizx~ited purpose annexation ... $2,700.00 (5) MTP -Amendment 1. Master Thoroughfare Plan Change $615.00 (G) Zoning Commission: (1) Zoning application: a. Less than 1 acre ... $840.00{*)(**} b. 1 W-5 acres ... $1,120.00* a. More than 5 acres ... $1,700A0* (2) Special zoning hearing by City Council....$340.00 {3) Zoning Verification Letter........$20.00 2 (3) Planned Development (PD} Site Plan.......$730.00* Notes: * Designated fee shall be twice the amount shown when double noticing and special Ciry Council consideration is required ar requested, apart from the normal processing schedule. Double Fee extra charge is not exempt of incentive programs granted to the project. ~* For application requests of less than l acre in size, when dawn- zoning to one or two family districts that is consistent with the most current adopted Comprehensive Plan, a fee of $390.00 is required. (7) "HC" Historic and Cultural Landmarks District ... No Fee {8} "CD" Conservation District ... $115.00 (9} Unified Residential Site Plan {a) New:... $560.00 {b} Revised:... $280.00 (11) Variance Request to City Council ... $300.00 (12) Hearing Continuance $170.00 At applicant's request (after public notice} Re: Board of Adjustment, Plan Commission and Zoning Commission public hearings. (13) Application for Specialized Certificate of Occupancy related to Sexually Oriented Businesses a. New:... $600 b. Amended, modified, renewal or transfer:..... $300 {b} No final approval of a plat shall be given by the Plan Commission of the city unless and until a receipt is furnished the secretary of such commission showing that the fee provided far in this section has been paid; no petition shall be docketed with the Zoning Commission a£ 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; and 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. SECTI01o12. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986}, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Cade, in which event conflicting provisions of such ordinances and such Code are hereby repealed. 3 SECTION 3. 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. SEC'T'ION 4. Any person, firm or corporation who violates, disobeys, aznits, neglects ar refuses to comply with ar who resists the enforcement of any of the provisions of this ordinance shall be fined not mare than Five Hundred Dollars ($500.00) for each offense. lack day that a violation exists shall constitute a separate offense. SEC'I`I®N 5. All rights and remedies of the City of Fart Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 3011, Ordinance No. 1389b 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. 4 SECTI®N 3. 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 uncanstitutional by the valid judgment ar decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of dais ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such. uncanstitutional phrase, clause, sentence, paragraph or section. ~ECTI®N 4. Any person, f rm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five ~lundred Dollars {$500.00} for each offense. Each day that a violation exists shall constitute a separate offense. SECTI®N 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. 3411., Ordinance No. 13596 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. 4 ~l~cT~®lv ~. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by V.T.C.A. Local Governrr~ent Cade Subsection 52.013. SEC'TI®1e17e This ordinance shall take effect upon adoption and publication as required by law. APPROV D AS TO FO AND LEGALITY By: G~'c~-- .~ ~ Assistant Cit ttarney ADOPTED: ~ ~ ll ~~ EFFECTIVE: d C,i~~ 1~:1 ~~ _ -_------------ 5 Mayor and Council Communication COUNCIL ACTION. Approved As Amended on '101'12!2004 - Ordnance No. 161G1; Revised effective dates in Sec 7 ®ATE: Tuesday, October 12, 2004 LOG NAME: 06APPL. FEES REFERENCE N®.. G-14536 SUBJECT. Adoption of Ordinance Increasing Fees fior Development Application and Services for tl~e Development Department RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance establishing ~arinus fees relating to the following services: 1) Annexation and miscellaneous fees with an effective date of October 26, 2004, 2) Zoning fees with an effective date of November 9, 2004, 3) Plan and applications fees with an effective date of October 26 2004, and 4) Board of Adjustment and City Council variances nr special exceptions with an effective date of November 2, 2004. ®ISCUSSION: During budget deliberations and approval of the FY2004-2005 budget, a number of improvements were included in the Development Department's budget. Those improvements included addition of staffing, and work space improvements. These improvements will require adjustments in the department's existing fee structure. Adjustments in fees are related to platting, zoning, variances and other miscellaneous services. The proposed adjustment will more closely cover the direct casts to provide the associated services. The rate increases are generally, a 12% increase in platting and annexation fees. The platting fees are being adjusted to reflect direct costs of the City and increased filing fees required by Tarrant County. It is estimated that the proposed adjustments will generate addition revenue of approximately $'108,213. Approval of the attached ordinance will establish varying effective dates of October 28, November 2 and November 9, 2004. These dates coincides with the filling deadlines of the appropriate Board ar Commission that reviews these applications. FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that the Development Department will be responsible far the collection of revenues due to the City. Lognazne: 06APPL FEES 1?age 1 0£ 2 TO FrJndlAccourttrCenters FROM FundlAccountlCenters GG01 VARIOUS 00620fl0 108 213.00 Submitted for Ci Mana er"s Office b : Dale i=isseler (fi2r~6) Originating ©epartment Head: Bob Riley (89(11) Additianal Information Contact: Bob Riley {89x1) Lognar~e: 06APPL FEES Page 2 of 2