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HomeMy WebLinkAboutOrdinance 13767ORDINANCE NO. ~ ~ `~ ~`~ AN ORDINANCE AMENDING SECTION 25-1 OI= THE CITY CODE TO ALLOW WAIVER OR REFUND OF THE APPLICATION FEE FOR STREET OR ALLEY VACATIONS IN ACCORDANCE WITH A COUNCIL POLICY FOR REDEVELOPMENT OF NEIGHBORHOODS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF OTHER ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: SECTION 1. Subsection 2(a} ("Other Matters" under Application Fees for the Plan Commission) of Section 25-1 (a) of Chapter 25, "Planning" of the Cade of the Gity of Fort Worth, Texas (~ 986), as amended, is hereby amended as follows: .'Sec. 25-'I. Application fees charged by zoning board of adjustment, plan c®mrr~ission and zoning commission. (a) For services rendered, the following schedule of fees and charges is hereby adopted. APPLICATl4N FEES (2} Other matters: a. Street and alley vacations ... $500.00 (rovided however that this fee ma be waived or refunded b action of the Cit Council in accordance with a _~m alic ado ted b the Cit Council for the redevelo ment of nei hborhoods meetina certain criteria). " SECTIUN 2. 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SEGI'l1C~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 shail 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. -2- SECTI©N 5. This ordinance shaii be in fuli force and effect from and after its passage, and it is so ordained. ADOPTED BY CITY COUNCiL :_,.,~~~ _ APPROVED AS TO FORM AND LEGAi_iTY: ~~ Assistant City Attorney Date: -3- EXH~BICT A City of Fort Worth Policy Regarding Valuation of Street Vacation Transactions in Central City Redevelopment Neighborhoods l.. Assumption: There is significant public benefit associated with encouraging the redevelopment and revitalization of urban neighborhoods. 2. Purpose of this Policy: To create an alternative valuation policy for those public street rights-a~ way that are vacated and sold to adjacent property owners. The policy would allow the City Manager to consider non-cash value to the City when determining the sales price for a property. The policy would apply only when the tra~asaction encourages new private investxzaent in designated areas of the central city. 3. The pokey is intended to: A. Encourage Inner City Redevelopment and Revitalization Within Predetermined Areas of the City. 1) Support redevelopment of an area with uses that are different from those originally intended when the street grid azad public infrastructure were placed. 2) Accommodate new land uses with improved traffic circulation. 3) lamprove the quality of life by integrating new public open spaces in neighborhoods where they do not exist. 4) Establish a uniform procedure in which the City can encourage and assist private land owners to improve their properties. 5) Provide incentives for investors and developers considering higher cost (time, money and hassle) central cities locations. G) Encourage private funding of research, planning, management and implementation of central city revitalization projects. B. Reduce Operating Expenses of the City. 1} Encourage new development where the City is already spending, or has already spent, funds to provide basic municipal services. 2} Enjoy savings in the creation and maintenance of public open space in parks, walkways and bike paths, which in most cases can be provided in connection with new development. 3) Recognized savings in cost, time, and frustration to the elected, appointed and staff officials of the City associated with code enforcement issues in the older inner city area. C. Reduce Capital Expenditures of the City. 1) Pubhe rights-of way that are transferred to the private sector no longer require public moneys for periodic capital improvements. 2} Encourage residential, retail, commercial, a~ad industrial growth in areas where there is existing underutilized public i~afrastructure. This avoids capital expenditures necessary to accomrriadate economic growth on the edges of the City. 3) Eliminate the need to replace deteriorated sanitary sewer lines which are eliminated or replaced. by the new policy. i9. Grow ldlunicipal'l,ax Revenues 1) New private develop~aaent increases taxable property value with an associated growth in fax revenues. 2) Economic growth produces sales tax revenues. 4. The policy will apply to a predetermined target area that must be within: A. A central city area needing revitalization. B. An area designated by the City Council as a Reinvestment Zone, Empowerment Zone, or Enterprise Zone. C. An area for which a comprehensive master redevelopment plan has been created in cooperation with the City which identifies anticipated new uses for the area. z D. An area where a coxnznunity based, legally axganized, non-profit entity ar community development corporation has been established and funded to focus aaa the implementation of the revitalization initiatives of the master redevelopment plan. E. The raster redevelopment plan must: 1} Include a project and financial plan for urban renewal for the area. 2} Include a street and traffic circulation plan. 3} Include a commitment to creating public and civic spaces including parr, playgrounds, walk and bike ways. 4} Conform with the Comprehensive Development Plan for the City of Fart Worth. 5. Receive an endorsement by the Fort Worth City Council. 5. action: A. The City Manager is authorized to xnalce a determination about the value of the property to be sold to the adjacent property owners by considering both the quantitative and qualitative benefits to the City in accordance with this policy. B. If this value is equal, or superior to, the fair market value of the street, alley or easement vacation to be abandoned, closed ar relocated, then: The City Manager may recommend to the City Council that the vacation of the City's interest be without any cash payment from the property owners to the City. C. The easement vacation is subject to City Council approval in accordance with City Code, Section 2-9. D. City Cade, Section 25-1 will be amended to allow waiver ar refuxcd of the application fee for easement vacation in accordance with this policy if approved by City Council. c:lmy doclk yetllstreet vacation policy change 3 ClA7'E REFERENCE NUM3ER L,DG NAME PAGE 416199 ~ 2532 ~ ZPOLICY 1 of 3 suB~ECT APPROVE REVISION TO STREET VACATION POLICY FOR ALTERNATIVE VALUATION OF CITY'S INTEREST 1N CENTRAL CITY REDEVELOPMENT NEIGHBORHOODS AND ADOPTION OF RELATED ORDINANCE TO ALLOW FOR WAIVER OF APPLICATION FEE RECOMMENDATION: It is recommended that the City Council: 1. Approve a revision to the City palicy far street and alley right-of-way vacations which would allow reversion of the City's interest to an abutting property owner without payment of cash consideration in central city redevelopment neighborhoods meeting certain criteria, as mare fully described in the attached Exhibit A; and 2. Adopt the attached ordinance amending Section 25-1 of the City Cade to allow far waiver of the City`s application fee in accordance with the palicy. DISCUSSION: Local Government Code Section 272.00 provides that a city may transfer its interest in streets and alley right-af-ways without taking public bids. In addition, if the transfer is to an abutting property owner who owns the underlying fee simple title to the property, the transfer may be made without payment of appraised fair market value. City palicy has been to require the payment of a $600 application fee and fair market value for a[I street and alley vacations. The proposed revision would make a limited exception to the palicy in central City neighbarhaods which meet certain criteria. If the criteria apply, the City Manager would be authorized to make a determination about the value of the City's interest by considering both the quantitative and qualitative benefits to the City to be served by the vacation of the right-off way. If this value is equal or superior to the fair market value of the street, alley or easement interest to be abandoned, closed or relocated, then the City Manager may recommend to the City Council that the vacation of the City's interest be approved without payment of the application fee or cash market value by the property owner to the City. Cry ®~'~'~~°t T~®~`h, ~"exe~s ~ ~i --__ ©AT~ R~~'RI~NC~ NUMBER BOG NAME PAGE 416/99 (~-'2532 12POLlCY 2 of 3 sua.~~cT APPROVE REVISION TO STREET VACATION POLICY FOR ALTERNATNE VALUATION OF CITY'S INTEREST CN CENTRAL CITY REDEVELOPMENT NEIGHBORHOODS AND ADOPTION OF RELATED ORDINANCE TO ALLOW FOR WAVER OF APPLICATION FEE In order for the pal'rcy exception to be applicable, the area must meet the following criteria: a} A central city area needing revitalization; and b) An area designated by the City Council as a reinvestment- zone, empowerment zone, or enterprise zone; and c) An area for which a comprehensive master redevelopment plan has been created in cooperation with the City which identifies anticipated new uses for the area; and d) An area where a community based, legally organized, non-profit entity or community development corporation has been established and funded to focus an the implementation of the revitalization initiatives af.the master redevelopment plan. e} The master redevelopment plan should: • Include a project and financial plan for urban renewal for the area; ® Include a street and traffic circulation plan; • include a commitment to creating public and civic spaces including pant, playgrounds, walk and bike ways; • Conform with the Comprehensive Development Plan for 'the City of Fart Worth; Receive endorsement from the-Fart Worth City Council. In accordance with City Code, Section 2-9, the easement vacation is subject to City Council approval. The City Council's Economic Development Committee was briefed on this policy revision at its meeting of March 16, 1999, and directed that it be forwarded to the full City Council for its consideration. ~~ty ~~'.~®rt ®~i, T'e.~as Ayor And Caunc~l ammunicAtian DATE 416199 REFERENCE Nl3MBER C~~1532 i_OG NAME 12POLICY F'AGE 3 of 3 sug~EC`r APPROVE RI=VISION TO STREET VACATION POLICY FOR ALTERNATIVE VALUATION OF CITY'S INTEREST IN CENTRAL CITY REDEVELOPMENT NEIGHBORHOODS AND ADOPTION OF RELATED ORDINANCE TO ALLOW FOR WAIVER OF APPLICATION FEE FISCAL INFORMATIONICERTIFICATION: The Finance Director certifies that this actian will not have any material effect on City funds. IViG:k Submitted i'or Oity 1Vlanager's ~UNU AOC01UtV'I' C~TV'1'E~i, AMOU~1'I' CITY ~~CRE'I'AR~ Office by: {to) Mike Crrootner 6I22 Originating 13epartmeut Head: ~ Wade Adkins 7623 {from) ~ Additional Information Contact: -"~-~ ~ t2e~ a~Fo~~ast~~'orc~ ~a't Wade Adkins 7G23 q