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HomeMy WebLinkAboutOrdinance 21190-04-2014 ORDINANCE NO. 21190-04-2014 AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY AMENDING ARTICLE X1I "FEE SCHEDULES", SECTION 2-321 "ZONING AND PLATTING APPLICATION FEES" TO REVISE THE NAME OF THE SECTION TO "DEVELOPMENT APPLICATION FEES"; TO REVISE FEES AND ADD FEES FOR CERTAIN SERVICES RELATED TO DEVELOPMENT, ZONING AND PLATTING APPLICATION FEES; AND PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it appropriate to amend the fee schedule as it relates to services rendered for development, zoning and platting application fees; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION 1. Chapter 2, of the City Code of the City of Fort Worth, Article XII "Fee Schedules", Section 2-321 "Zoning and platting application fees", is amended to rename the section to "Development Application Fees", revise certain fees and add certain fees, and to renumber and reorganize some of the section to read as follows: Sec. 2-321. Development-application fees. (a) For services rendered, the following schedule of fees and charges is hereby adopted; provided, however, that such fees may be waived or refunded by action of the city council in accordance with policies adopted by the city council: APPLICATION FEES (1) Zoning Board of Adjustment: Sec.2.-321 Fee Revision 2014 Ordinance No. 21190-04-2014 Page 1 of 7 a. Variance: 1. Residential (owner-occupied) $300.00* 2. Nonresidential $500.00* b. Special exception: 1. Residential (owner-occupied) $400.00* 2. Nonresidential $750.00* 3. Fee waived non-profit recycling collection facilities c. Interpretation request $400.00 * Plus an additional seventy-five dollars ($75.00) for each additional variance or special exception requested in same application. (2) City Plan Commission: a. Plats: 1. Concept plan $900.00 2. Preliminary plat $700.00* (*Plus $15.00 per each acre non-residential) (*Plus $8.00 per lot residential) 3. Final Plat $350.00* (*Plus $20.00 per lot residential) (*Plus $20.00 per acre non-residential) (Plat revisions after V) $200.00 4. Re-plat (With Public Hearing) $500.00* (*Plus $20.00 per lot residential) (*Plus $15.00 per acre non-residential) (Plat revisions after 1") $200.00 5. Short Form Plat $350.00* (*Plus $20.00 per lot residential) (*Plus $15.00 per acre non-residential) (Plat revisions after 1") $200.00 Sec.2.-321 Fee Revision 2014 Ordinance No. 21190-04-2014 Page 2 of 7 6. Plat Vacation $400.00 7. Plat Correction $50.00 8. Conveyance Plat $200.00 9. Other matters of business $200.00 Filing fees with the county: Collection of filing fees for the appropriate county will be in addition to the fee rates above. (3) Community facilities contract fee $1,000.00 (4) Street name change $700.00 (5) Vacations or Closures, ROW, Emergency and Public Access Easements: a. Street and alley vacations $700.00 b. Public access or emergency easement vacation $400.00 (6) Annexation: a. 75 acres or less $700.00 b. More than 75 acres $700.00* (*Plus $10.00 per acre over 75 acres) c. Limited purpose annexation $3,000.00 (7) MTP -Amendment.- Master Thoroughfare Plan Change $700.00 (8) Zoning Commission: a. Zoning application: 1. Less than 1 acre $1,000.00(*) (**) 2. 15 acres $1,300.00* 3. 5.01- 10 acres $1,600.00* 4. 10.01-25 acres $2,000.00* 5. 25.01 or more acres (base fee) $2,000.00*(***) (***Plus $50.00 per acre, not to exceed $5,000.00) b. Vendor permit: holiday and 10-day $50.00 c. Zoning Verification Letter $50.00 Sec.2.-321 Fee Revision 2014 Ordinance No. 21190-04-2014 Page 3 of 7 d. Planned Development (PD) Site Nan $800.00* e. Administrative Site Plan Amendment $250.00 f. WC,11 11HSE, "and "DD " Historic and Cultural Landmarks District No Fee g. "CD"Conservation District No Fee Notes: *Designated fee shall be twice the amount shown when double noticing and special city council consideration is required or 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 one acre in size, when down- zoning to one- or two-family districts that is consistent with the most current adopted Comprehensive Plan, a fee of$450.00 is required. (9) Unified Residential Site Plan: a. New $600.00 b. Revised $300.00 (10) Variance Request to City Council $350.00 (11) Hearing Continuance $200.00* *At applicant's request (after public notice) of Board of Adjustment, City Plan Commission and Zoning Commission public hearings. (12) Application for Specialized Certificate of Occupan(y related to Sexually Oriented Businesses.- a. New $700.00 b. Amended, modified, renewal or transfer $500.00 (13) Appeals: a. Historic and Cultural Landmarks Commission $300.00 b. Downtown Design Review Board $300.00 c. Urban Design Commission $300.00 (14) Parkway permit.- a. Commercial $1.50.00 b. Residential $100.00 Sec2-32 I Fee Revision 2014 Ordinance No. 21190-04-2014 Page 4 of7 (15) Mewsrack Permit Fees $20.00 Application fee per applicant Plus, per newsrack $5.00 (16) Urban,forestry. a. Application fee for staff review: 1. Base fee: First five acres (Lip to 5.00), including one revision $250.00 2. Additional acreage: 5.01 acres and over, per acre above base fee $15.00 3. Additional revisions (each) $100.00 The acreage will be based on the preliminary plat or site plan, whichever is appropriate, at the time of submission of the Urban Forestry Plan. b. Application fee for appeal hearing before Urban Design Commission $300.00 (17) Traffic Control Review Plan $100.00 (18) Door to Door Vendor $50.00 (19) Alcohol distance checks $50.00 (20) Pre-submittal meeting $250.00 (b) No final approval of a plat shall be given by the City Plan Commission of the City unless and until a receipt is furnished to the secretary of such commission showing that the fee provided for in this section has been paid; no petition shall be docketed with the Zoning Commission of the City unless and until a receipt has been furnished to the secretary of such cominission showing that the fee provided for in this section has been paid; 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 and no petition shall be docketed with other Boards and Commissions of the City unless and until a receipt has been furnished to the secretary of such commission and boards showing that the fee provided for in this section has been paid. SECTION 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 Sec.2.-32 I Fee Revision 2014 Ordinance No. 2 1 1 90-04-20 14 Page 5 of 7 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 repeated. 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 riot 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. SECTION 4. Any person, firm 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 Hundred Dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 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. 3011, Ordinance No. 13896 or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance, arid, as to such accrued violations and all pending litigation, both civil and criminal, See.2.-321 Fee Revision 2014 Ordinance No. 2 1 1 90-04-20 14 Page 6 of 7 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. SECTION 6. 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 Government Code Subsection 52.013. SECTION 7. This ordinance shall take effect after adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY ` By: . Assistant City Attorney Mary yser, Ci Secretary ADOPTED: April 1, 2014 EFFECTIVE: Sec.2.-321 Fee Revision 2014 Ordinance No. 21190-04-2014 Page 7 of 7 City of Fort (North, Texas Mayor and Council Communication .............................. COUNCIL ACTION: Approved on 4/1/2014 - Ordinance No. 21189-04-2014 & 21190-04-2014 �,,/,/ „/,/"/1'„ __111_; DATE: Tuesday, April 01, 2014 REFERENCE NO.: G-18167 LOG NAME: 06PLNDEVFEES2014 SUBJECT: Adopt Ordinances Adjusting Certain Planning and Development Fees Related to the Building, Residential, Mechanical, Plumbing, Electrical and Sign Codes, Community Facility Agreements, Parkway Permits and Zoning, and Platting Applications (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance revising fees in the Building, Residential, Mechanical, Plumbing, Electrical, and Sign Codes of the City of Fort Worth. 2. Adopt the attached ordinance revising fees in Article XI I, Fee Schedules of Chapter 2 Administration of the City of Fort Worth relating to development, zoning and platting applications; and DISCUSSION: The Planning and Development Department provides application permits and inspection services for Building, Residential, Mechanical, Plumbing, Electrical, Sign Codes, Community Facility Agreements, Parkway Permits and Public Works, and Zoning and Platting for the City. From time to time, it is necessary to adjust the related fees to adequately cover the cost of these services. The last major fee adjustment for the above-referenced services occurred on September 26, 2006 (M&C G-15417 and M&C G-15418). Fees were increased by 10 percent to cover the cost of service. Since that time, the City has made major capital investments to improve the development process and enhance customer service. In an effort to fund these necessary improvements staff reviewed the fee structure and identified areas where the City's development fees should be adjusted. In June of 2012, the Planning and Development Department began implementation of Automation, a new city-wide permitting software system. In addition, the Planning and Development Department plans to purchase and implement a new electronic plan review software system by October 2014. It is anticipated that it will cost approximately $1,000,000.00 for implementation and increase the annual maintenance costs by approximately $150,000.00. These technology and other process improvements are a result of an interdepartmental effort aimed at improving the City's development processes and enhancing customer service for our residents, businesses and development community. As part of the fee review process, Staff met with various stakeholder groups in the development community including the Greater Fort Worth Real Estate Council, the Greater Fort Worth Builders Association, and the Development Advisory Committee to discuss the proposed fee adjustments. The fee adjustments recommended are below regional or national median levels. All of the stakeholders concur with and support the proposed fee adjustments. Logname: 06PLNDEVI EES2014 Page 1. of 2 Staff recommends that Council approve the new fee structures to enable the Planning and Development Department to continue to improve the development processes and enhance customer service. It is expected that the fee adjustments will result in approximately $902,862.00 in additional revenue. This revenue is assumed in revenue projections for the Fiscal Year 2015 budget. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that the Planning and Development Department will be 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) Additional Information Contact: Allison Gray (8030) Lognarne: 06PLNDEVFEES2014 Page 2 of 2