HomeMy WebLinkAboutOrdinance 17522-04-2007ORDINANCE NO 17522-04-2007
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH (1986), AS AMENDED BY REPEALING
CHAPTER 25, `PLANNING AND RESERVE THE CHAPTER
FOR FUTURE USE, AMENDING CHAPTER 2,
ADMINISTRATION" TO MOVE `THE DEPARTMENT OF
HOUSING FROM CHAPTER 25 TO ARTICLE IV DIVISION 6,
CREATE TWO NEW ARTICLES, ARTICLE XI, `PLANNING
AND DEVELOPMENT DEPARTMENT" AND ARTICLE XII,
`FEE SCHEDULES" MOVE THE LANGUAGE IN ARTICLE 1
`GENERAL SECTION 25.1, APPLICATION FEES CHARGED
BY ZONING BOARD OF ADJUSTMENT PLAN COMMISSION
AND ZONING COMMISSION" OF CHAPTER 25, `PLANNING
TO THE NEW ARTICLE XII IN CHAPTER 2 REPLACE ALL
REFERENCES TO `DEVELOPMENT DEPARTMENT" AND
`PLANNING DEPARTMENT" IN THE CITY CODE WITH
`PLANNING AND DEVELOPMENT DEPARTMENT" AND
`DEVELOPMENT DIRECTOR AND `PLANNING DIRECTOR
TO `PLANNING AND DEVELOPMENT DIRECTOR
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE PROVIDING A SEVERABILITY CLAUSE,
PROVIDING A SAVINGS CLAUSE, PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER, AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
SECTION 1.
Chapter 25 `Planning" of the Code of the City of Fort Worth, Texas (1986), as
amended, is hereby repealed in rts entirety and reserved for future use.
SECTION 2.
Amend Article IV `Departments" of Chapter 2, Admmistrahon of the Code of
the City of Fort Worth, Texas (1986), as amended, to add the language from Article III,
`Housing" of Chapter 25 `Planning" to read as follows.
CHAPTER 2, ADMINISTRATION
ARTICLE IV Departments
Division 6 DEPARTMENT OF HOUSING
Sec. 2 164 Establishment; duties.
There is hereby created a department of housing, which department, under
the supervision of the director of housing, shall be responsible for
executing housing programs. Subject to the approval of the city manager
and city council, the department of housing will provide for the
administration of programs and expenditures of funds for housing and
neighborhood revrtahzation with both private and public funds including
donations, grants and contracts.
Sec 2 165 Appointment of director
The director of housing shall have charge of the department. In addition to
the duties of section 2 164 the director shall perform such other tasks as
may be assigned by the city manager from time to time. The director shall
be subject to the appointment and removal by the city manager The salary
of the director shall be m accordance with the compensation plan of the
city
Sec 2 166 Advisory boards.
(a) The city council shall appoint advisory boards to act m an advisory
capacity to the city manager and city council in conjunction with the
housing department. The members of any such advisory boards shall each
serve for designated terms, shall serve without compensation and may be
removed at any time by the city council.
(b) The advisory boards may review and recommend to the city
manager and city council measures to meet the housing needs of the city
Recommendations made by the boards will be presented to the city
manager and the city council for consideration.
(c) The director of housing or lus or her authorized representative shall
serve as the nonvoting secretary of any advisory board to the department.
The secretary shall prepare and have custody of all necessary minutes and
records.
Sections 2 167 2.170 are reserved.
SECTION 3.
Chapter 2, Administration of the Code of the City of Fort Worth, Texas (1986),
as amended, is amended to add a new article, Article XI, `Planning and Development
Department" to read as follows
2
~~~~~
CHAPTER 2, ADMINISTRATION
ARTICLE XI. PLANNING AND DEVELOPMENT DEPARTMENT
Sec. 2 310 Established
A planning and development department ns hereby established, which department
shall be under the supervision of the director of planning and development, who
shall be subject to appointment and removal by the city manager The salary of
the director of planning and development shall be nn accordance with the
compensation plan of the city
Sec 2 311 Director Authority regarding employees.
The director of planning and development shall have the power to appoint,
employ and remove such employees and personnel according to authorized
budgeted positions or authorized personnel overages for the efficient
administration of the affairs of the department of planning and development and
to prescribe and fix their duties, scope of authority and quahficatnons. Unless
appointed by the city manager the director of planning and development shall
appoint a building official.
Sec. 2 312. Same Duties.
The director of planning and development shall be responsible for matters
involving comprehensive planning, zoning and platting; building and zoning
inspection, streets, alleys, easements and rights-of way and annexation, s/he shall
have such other ~urisdnctnon, responsibilnty and authority as prescn7bed by and
relating to the bunldmg, plumbing, mechanical, electrical and sign codes of the
city and s/he shall make appropriate recommendatnons to the cnty council,
cognizant boards and commissions and the cnty manager regarding these matters.
The director of planning and development or his/her designee shall serve as
executive secretary to the city plan commission, zoning commission, boards of
adjustment and other related boards and commissions, and s/he shall have full
care, custody and control of all official records and memoranda belonging to the
such boards and commissions.
Sec 2 313 Building official's duties.
The building official shall be responsible, generally for the issuance or revocation
of building, plumbing, mechanical, electrical and sign permits and the
enforcement of all related ordinances.
3
SECTION 4.
Chapter 2, Administration of the Code of the City of Fort Worth, Texas (1986),
as amended, is amended to add a new article, Article XII, `Fee Schedules" to move the
language from Chapter 25 1 Application fees charged by zoning board of adjustment,
plan commission and zoning commission to Article XII to read as follows.
CHAPTER 2
ARTICLE XII. FEE SCHEDULES
Division 1 Zoning and Platting 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 Crty Council m accordance with policies adopted by the Crty
Council.
APPLICATION FEES
(1) Zoning Board of Ad~ustrnent:
(1) Variance
a. Residential (owner-occupied) $187 00*
b Nonresidential .$374 00*
(2) Special exception $400 00*
a. Front Yard Carports $187 00
b Fee waived non-profit recycling collection facilities
(3) Interpretation request $429 00
* Plus an additional sixty dollars ($60 00) for each additional
variance or special exception requested m same application.
(2) City Plan Commission.
(1) Plats
a. Concept plan $880 00
b Preliminary plat:
1 Less than 75 acres $676 00
2. 75 acres or more .$676 00*
(*Plus $11 00 per each acre over 75 acres)
Plat Size
18 24 24 36
(2) Final Plat
a. Fewer than 3 lots $319 00 $341 00
b 3 lots or more $319 00* $341 00*
(*Plus $17 00 per lot over 3 lots)
(3) Re-plat (With Public Heanng)
4
a. Fewer than 3 lots
b 3 lots or more
(4) Short Form Replat
a. Fewer than 3 lots
b 3 lots or more
(5) Plat Vacation
(6) Plat Correction
$457 00 $473 00
$457 00* $473 00*
(*Plus $17 00 per lot over 3 lots)
$319 00 $341 00
$319 00* $341 00*
(*Plus $17 00 per lot over 3 lots)
$457 00
$61 00
$473 00
$77 00
Filing fees with the county Collection of filing fees for the appropriate
county will be m addition to the fee rates above.
(3) Vacations or Closures, ROW Emergency and Public access easements
a. Street and alley vacations $676 00
b Public access or emergency easement vacation $407 00
c. Community facilities contract fee $440 00
d. Street name change $682.00
(4) Annexation.
a. 75 acres or less $682.00
b More than 75 acres $682.00*
(*Plus $6 00 per acre over 75 acres)
c. Limited purpose annexation $2,970 00
(5) MTP Amendment
Master Thoroughfare Plan Change $676 00
(6) Zoning Commission.
(1) Zoning application.
a. Less than 1 acre $924 00(*)(**)
b 1 5 acres $1,232.00*
a. More than 5 acres $1 870 00*
(2) Special zoning hearing by City Council .$374 00
(3) Zomng Verification Letter $22.00
(4) Planned Development (PD) Site Plan. .$803 00*
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.
5
For application requests of less than 1 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 $429 00 is required.
(7) 'HC Historic and Cultural Landmarks Distract No Fee
(8) 'CD" Conservation District $126 00
(9) Unified Residential Srte Plan
(a) New• $616 00
(b) Revised. $308 00
(10) Variance Request to City Council $330 00
(11) Hearing Continuance $187 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• $660
b Amended, modified, renewal or transfer $330
(13) Historic and Cultural Landmarks Commission, for appeal hearing before
Appeals Board. $295 00
(14) Downtown Design Review Board, for appeal hearing before Appeals
Board. $295 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 nn 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 commission showing that the fee provided for m 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 m this section has been paid.
SECTION 5.
The Code of the City of Fort Worth, Texas (1986), as amended, ns hereby
amended to replace all references to `Planning Department" `Department of Planning"
`Development Department" `Department of Development" with `Planning and
Development Department.
SECTION 6.
The Code of the City of Fort Worth, Texas (1986), as amended, ns hereby
amended to replace all references to `Dnrector of Planning" `Planning Dnrector"
6
`Director of Development" and `Development Director" with `Director of Planning and
Development.
SECTION 7
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 remaimng 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 8.
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 zomng 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 m 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 9
That the City Secretary of the City of Fort Worth, Texas is hereby directed to
publish this ordinance for two (2) days m the official newspaper of the City of Fort
Worth, Texas, as authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 10.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM /A~N~D LEGALITY
By ~/~ i~~e=Cif~iLuc~-
Assistant City ttorney
ADOPTED• Ann124.2007
EFFECTIVE I I -lc.L ~ c~~
7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 4/24/2007 Ordinance No. 17522-04-2007
DATE Tuesday April 24 2007
LOG NAME 06PLANDEVDEPT REFERENCE NO G 15698
SUBJECT
Adoption of Ordinance Amending and Revising the Code of the City of Fort Worth Texas (1986) to
repeal Chapter 25 and Create New Provisions in Chapter 2 to Reflect Organizational Changes
Resulting from the Creation of the Planning and Development Department
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance revising the Code of the City of Fort
Worth Texas (1986) to reflect the organizational changes resulting from the creation of the Planning and
Development Department by repealing all of Chapter 25 and amending Chapter 2 as follows
1 Repeal Chapter 25 Article I -Application fees charged by Zoning Board of Adjustment, City Plan
Commission etc. and create Chapter 2 Article XII Fee Schedules
2. Repeal Chapter 25 Article II Department of Development;
3 Repeal Chapter 25 Article III -Department of Housing and create Chapter 2, Article IV Division 6 -
Department of Housing
4 Repeal Chapter 25 Article IV -City Plan Commission (remains in Appendix C)
5 Create Chapter 2 Article XI -Planning and Development Department;
6 Replace all references to `Development Department" and 'Planning Department" with Planning and
Development Department; and
7 Replace all references to the Director of Development" and 'Director of Planning" with Director of
Planning and Development.
DISCUSSION
In June 2006 Zucker Systems, Inc. completed a study of the development processes in Fort Worth They
recommended that staff consider consolidation of the Planning and Development Departments to ensure
consistency in guidance provided to customers and to provide appropriate linkage between long-term
planning and current development activities With the implementation of the Permit Center and the
improvement in the services provided the timing for this organizational change is appropriate
Currently Chapter 25 of the City Code refers to and gives certain authorities to the Housing Department
and the Development Department. This chapter will be repealed the relevant and new provisions will be
created in Chapter 2, to reflect the new department and to be consistent with the organization of the
remaining code
Logname 06PLANDEVDEPT Page 1 of 2
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office b~
Originating Department Head.
Additional Information Contact:
Dale Fisseler (6140)
Bob Riley (8901)
Susan Alanis (8180)
Logname 06PLANDEVDEPT Page 2 of 2