HomeMy WebLinkAboutItem 17 - Ordinance Amending Development FeesMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGERkx/
NOVEMBER 19, 2002
ORDINANCE AMENDING APPENDIX "B" & "E" RELATIVE TO
DEVELOPMENT FEES
City Council consider adopting an ordinance amending Appendix "B" & "E" relative to
modifying existing and imposing new development fees and take any necessary action.
BACKGROUND:
Staff briefed City Council in a workshop on November 5, 2002 regarding the proposed
fees.
APPENDIX B
Plattina
Staff is proposing amendments to the fees related to final plats, re -plats, and easement
and right-of-way abandonments due to the growing costs of processing and recording.
The cost to record a final plat with the Tarrant County Clerk's office is approximately
$100 each. The current fees do not adequately cover the cost of the recording and staff
time required for review and comments, re -review and comments, preparation of Council
and Planning and Zoning Submittals, and final processing after Council approval in
preparation for recording.
The current re -plat fees do not recoup the costs incurred by the City to review and
process the submittals of re -plats, notify surrounding owners by mail, place notification
of the re -plat public hearing in the Ft. Worth Star Telegram and record them at the
Tarrant County Clerk's Office.
The proposed final and re -plat fees do not fully recoup the costs incurred by the City.
However, the fees do reflect an increase to partially address the increasing cost of
recording the final document without placing the full impact of the costs of the plat
services upon the developer or subdivider. ( Exhibit "A")
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November 13, 2002 (8:39AM)
The proposed re -plat fees also reflect an advertising cost of approximately $100 per re -
plat in addition to the recording cost of approximately $100 per re -plat.
Abandonments
The City staff receives numerous inquiries from citizens and property owners during the
year about the possibility and procedures for requesting the abandonment of all or
portions of public easements and street rights-of-way. These requests consume staff
time through:
• initial meetings with the requestor,
• meetings with their surveyor to address our required information,
• determining the need for the abandonment,
• identifying any existing City facilities in the right-of-way or easement to be
abandoned,
• confirming agreement with the request from public utilities,
• preparation of City Council package including memos and ordinances, and
• recording of abandonment documents.
The City experiences a direct out of pocket expense through the filing fees at Tarrant
County for which we are not currently reimbursed.
Staff feels that the right-of-way and easements that we are asked to abandon have
value to the City and that the City should, at a minimum, be compensated for staff time
and the out of pocket expense incurred with these requests. Staff proposes that fees be
adopted for abandonment requests. (Exhibit "A")
Street Signs
Developers are required to purchase street sign posts, street name markers and stop
signs for each street within their development. The current charges imposed for signs
amount to $55 per intersection. The existing fee is markedly below our cost for these
items. Staff proposes to impose revised fees for these items in order to recoup the
City's Labor and Material Costs. (Exhibit "A")
As the continued development in Grapevine moves from single family residential to
multi -family and non-residential, staff commits an increasing amount of time and effort to
the review of private improvements that have a direct impact or connection to existing or
planned public improvements. The costs of the review time are not currently passed on
w to the developer through fees. Staff is proposing modifications in the scope of fees
Wagenda\11-19-02\Dev Fee Amendment
November 13, 2002 (8:39AM)
imposed upon developers and sub -dividers relative to construction plan review and
approval and construction inspection.
Staff currently spends significant amounts of time and effort in the review and inspection
of private facilities constructed in association with non -single family residential
developments. Apartments, Commercial and Industrial developments often include
private facilities including roadways, parking lots, driveways, storm drainage systems,
water distribution systems and sanitary sewer collection systems that directly connect to
City systems.
0 Private drainage systems that ultimately connect to the City's receiving systems.
If these private systems are not designed and constructed correctly, they can
overflow and flood into the surrounding City streets which do not have the capacity to
collect the overload of surface flow. City streets bordering non-residential property
have drainage systems with provisions for underground connection points for the
private drainage systems. These streets do not provide the capacity for all storm
drainage flow to enter the street as overland flow or surface flow from driveways. If
the onsite private systems to not perform adequately the street system suffers.
0 Private waterlines through an apartment complex or commercial development.
These lines serve the role of major distribution lines in the complexes but have only
one large water meter at the City's water main. It is important to the integrity of the
City's water system and to fire protection within the complex that the private lines are
designed and constructed to meet the City's standards.
• Private sanitary sewer lines through an apartment complex or commercial
development
These lines serve the role of major collection lines in the complexes but have limited,
centralized connection points to the City's sanitary sewer system. It is important to
the integrity of the City's sanitary sewer system to prevent inflow and infiltration and
insure that the private lines are designed and constructed to meet the City's
standards.
Staff's review and inspection of these types of facilities has evolved for the past few
years to insure quality construction and protect the interests of the City and its
infrastructure. These efforts have gone without reimbursement due to the lack of a fee
program in the City code.
The City currently imposes a plan review and inspection fee equal to 5% of the cost of
the public improvements associated with a development. Staff is proposing to expand
this 5% fee to include the inspection of those private improvements that have direct
connection and potential impact upon City systems.
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Staff also proposes to impose a re -review fee of $250 for each review submittal after the
first two submittals. This will reduce the staff being utilized as a Quality Assurance
service for private consultant engineers.
The amount of review and inspection time required for non -single family residential
development exceeds the current fees and presents an opportunity for the City to
recoup some its costs thru fee modifications. (Exhibit "A")
Staff also proposes to simplify the Drainage Inspection Fee imposed upon non-
residential development for the review and inspection of lot to lot drainage planning and
implementation. The graduated classification and fee schedule will be eliminated and
replaced with a flat fee of $350 per acre. In the event that a parcel is less than an acre
in size or is an uneven number of acres, the fee will be applied to the portion of the
parcel that is not a full acre as a percentage of a full acre.
0.60 Acre = 0.60 x $350 = $210
3.75 Acre = 3.75 x $350 = $1,312.50
This fee modification will only impact developments greater than one acre which now
have a very low fee when compared on a per acre cost basis with those developments
less than one acre in size.
Staff proposes to impose a $500 fee for processing floodplain reclamation applications
on FEMA designated streams within the City of Grapevine. FEMA has recently adopted
rules pushing more of the review responsibility on the Cities by requiring that the Cities:
• Perform the detailed reviews of the computer models, confirm hat the models meet
FEMA criteria and sign off on the Letter of Map Revision (LOMB) application,
• Verify that all other permits have been issued by other regulatory agencies (EPA, U.
S. Army Corps of Engineers, TNRCC, ect.)
• Publish notice in the local newspaper that a LOMR has been requested and is being
considered for a specific area.
• Certify that the fill in the floodplain was placed and compacted to a density of 95% of
Standard Proctor density,
• Provide a letter stating that the property in question is "reasonably safe from
flooding".
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November 13, 2002 (8:39AM)
These responsibilities represent a significant increase in the City Staffs participation in
the LOMR submittal and will require much more Staff time to process the application.Out
of pocket costs to the City for the publishing of the notice will be approximately $100 per
application.
Finally, Staff proposes to increase the Inspection Overtime Reimbursement cost
imposed upon contractors wishing to work before or after normal working hours. The
current fee is $25 per hour and does not recoup the cost to the City for City Inspector's
overtime costs. The proposed fee of $45 per hour will recoup the City's cost.
Staff recommends approval.
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Im
EXHIBIT "A"
FEE COMPARISONS
ACTIVITY
EXISTING FEE
PROPOSED FEE
APPENDIX B
Final Plat
Residential Zoning, excluding R -MF -1 & R -MF -2
$138 + $ 5 / Lot
$200 + $ 5 / Lot
Residential Zoning, R -MF -1 & R -MF -2
$138 + $ 251 AC
$200 + $ 25 / AC
Commercial & Industrial Zoning
$138 + $ 25 / AC
$200 + $ 25 / AC
Amendment Plat
$138
$200
Amendment Plat - Reconcile ROW or Easement Conflicts
$50
$100
Re -Plat
Residential Zoning, excluding R -MF -1 & R -MF -2
$138 + $ 5 / Lot
$300 + $ 5 / Lot
Residential Zoning, R -MF -1 & R -MF -2
$138 + $ 25 / AC
$300 + $ 25 / AC
Commercial & Industrial Zoning
$138 + $ 25 / AC
$300 + $ 25 / AC
Amendment Plat
$138
N/A
Amendment Plat - Reconcile ROW or Easement Conflicts
$50
N/A
Plat Vacations
$90
$200
Abandonments
Right -of -Way
$0
$390
Easement
$0
$390
Street Signs
One sign Including Materials & Labor
$55
$150
Two signs Including Materials & Labor
$55
$225
Three signs Including Materials & Labor
$55
$300
Four signs Including Materials & Labor
$55
$375
APPENDIX E
Plan Review and Inspection Fee
Public Improvements
5%
5%
Private Improvements
N/A
5%
Re -review Fee in excess of 2 reviews
$0
$ 250 each
Drainage Inspection Fee
Fee Per AC
$0
$350
Floodplain Reclamation (LOMR) Fee
$0
$500
Inspection Overtime Reimbursement
$25
$45
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING APPENDIX "B"
SUBDIVISIONS AND APPENDIX "E" CONSTRUCTION
STANDARDS OF THE GRAPEVINE CITY CODE OF
ORDINANCES RELATIVE TO FEES IMPOSED UPON
DEVELOPMENT AND SUBDIVISION ACTIVITIES;
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, City costs to review, process and record subdivision plat submittals has
continued to climb; and
WHEREAS, City costs to review the construction plans and inspect the construction
of public and private improvements within the City have continued to climb; and
WHEREAS, the City Council wishes to impose fees for the City staff to review and
process subdivision and development submittals that will allow the City to recoup a portion
of the cost of this review and processing effort.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters stated in the preamble of this ordinance are true and
correct and are hereby incorporated into this ordinance as if copied in their entirety.
Section 2. That Appendix "B" Subdivisions, Section 2, Paragraph (13)(16) is
hereby amended in its entirety as follows:
"(B)(16)
A filing fee for each final plat shall be payable by check drawn to the order of the
city upon the submittal of the final plat to the planning and zoning commission for
final approval. The filing fees are as follow:
Residential zoning, excluding R -MF -1 and R -MF -2 $200.00 + $5.00/lot
Residential zoning, R -MF -1 and R -MF -2 $200.00 + 25.00/acre
Commercial and Industrial zoning $200.00 + $25.00/acre
Amendment Plat $200.00
Amendment Plat, To reconcile Right -of -Way $100.00
or Easement conflicts"
Section 3. That Appendix "B" Subdivisions, Section 2, Paragraph (B)(17) is
hereby incorporated in its entirety as follows:
"(B)(17)
An application and processing fee for each right-of-way or easement abandonment
shall be payable by check drawn to the order of the City of Grapevine upon the
submittal of the request to City Staff in preparation for City Council consideration.
The application fees are as follows:
Right-of-way
Easement
$ 390
$ 390"
Section 4. That Appendix "B" Subdivisions, Section 2, Paragraph (C)(7) is hereby
amended in its entirety as follows:
A filing fee for each re -subdivision or re -plat shall be payable by check drawn to
the order of the city upon the submittal of the re -plat to the planning and zoning
commission for final approval. The filing fees are as follow:
Residential zoning, excluding R -MF -1 and R -MF -2 $300.00 + $5.00/lot
Residential zoning, R -MF -1 and R -MF -2 $300.00 + 5.00/acre
Commercial and industrial zoning $300.00 + 5.00/acre
Plat vacations
$200.00."
Section 5. That Appendix "E" Construction Standards, Item 1, General
Requirements, Paragraph 1.5 is hereby amended in its entirety as follows:
"1.5. Inspection of construction by city personnel: All construction and verification
of compliance to the plans and specifications shall be conducted by the city
inspection staff under the direction of the city engineer. The facilities included in this
inspection requirement include but are not limited to:
Public Facilities
streets
traffic signals
driveways
storm drainage systems
water distribution systems, and
sanitary sewer collection systems
ORD. NO. 2
all constructed in Public Street Rights of Way or Public Easements and dedicated
to the City as Public Facilities as well as:
Private Facilities
private roadways
parking lots
driveways
traffic signals
storm drainage systems
water distribution systems, and
sanitary sewer collection systems
all constructed on private property as private systems but requiring thorough review
and inspection by the City due to the private systems potential detrimental impacts
upon the City's public systems if designed and constructed improperly.
The subdivider shall advise all of the construction contractors of this requirement.
No subdivision will be accepted by the city until and unless all construction that falls
under these two categories has been approved by the city inspection staff.
1.5.1. Design Review and Inspection fees. The subdivider shall be charged a design
review and inspection fee for the Public and Private facilities listed in section 1.5 in
an amount equal to five percent of the construction costs of the facilities in each
subdivision. A re -review fee of $ 250 shall be imposed upon all submittals of
construction plans after the first two submittals have been reviewed and comments
have been issued by Staff.
Prior to acceptance of the subdivision and approval of construction by the city, the
subdivider shall file copies of the executed construction contracts with the director
of public works, for a determination of the actual amount of the fee to be assessed
against the subdivider, and the subdivider shall execute and file a confirmation of
donated assets statement for the Public Facilities in the form approved by City
Resolution No. 89-05, as the same may be amended from time to time.
The individual building or swimming pool permit applicant shall be charged a
drainage inspection fee for: (1) The review of lot to lot drainage plans submitted at
time of building or swimming pool permit application; (2) The comparison of the
proposed lot grading and drainage plan with the lot grading and drainage plan
included in the construction plans of the subdivision; and (3) Final inspection of the
lot grading at the time of completion of the building or swimming pool and
application for final approval to insure that the drainage is collected and conveyed
within the guidelines of the lot to lot drainage program and policies of the City of
Grapevine.
ORD. NO. 3
0 A fee of $ 500 shall be imposed for processing Floodplain Reclamation applications
and Letters of Map Revision (LOMR's) for FEMA designated streams.
Drainage inspection fees shall be imposed for each individual building or swimming
pool permit application as follows:
Single family and duplex $ 150.00
Swimming pools $ 150.00
All remaining classifications of Development
Full Acre Cost $ 350.00 Per Acre
Portion Other than Full Acre $ 350.00 x Percentage of Full Acre
1.5.2. Inspection overtime reimbursement: The contractor may undertake work
during working hours established in Section 12.5, Noise --Character, Intensity, and
Duration Detrimental to Health or Life, of the City Code of Ordinances, as amended.
Any work prior to 8:00 a.m. or after 5:00 p.m. on Monday through Friday and
between 7:00 a.m. and 7:00 p.m. on Saturday, Sunday and holidays may only be
undertaken if the contractor signs the necessary forms committing to reimburse the
City of Grapevine for overtime costs of $45.00 per hour due to the inspection
activities required by the work underway with a guaranteed minimum of four hours
overtime on Saturdays, Sundays and holidays to justify the inspection activities on
these days. By signing the forms, the contractor commits to reimburse the city on
a monthly basis upon receipt of a monthly invoice from the city."
Section 6. That Appendix "E" Construction Standards, Item 2, Street System,
Paragraph 2.15 is hereby amended in its entirety as follows:
"2.15 Street posts and markers: The developer shall purchase street sign posts,
street name markers and stop signs for each street intersection prior to installation
by the city. Costs for the installation of the street sign posts, street name markers
and stop signs shall be paid by the developer as follows:
One street sign post, street name marker & stop sign $ 150
Each Additional post & stop sign $ 75
Posts shall be sized and placed to conform to the Texas Manual on Uniform Traffic
Control Devices. Installation shall be the responsibility of the City."
Section 7. That the terms and provision of this ordinance shall be deemed to be
severable, and that if the validity of any section, subsection, word, sentence or phrase shall
be held to be invalid, it shall not affect the remaining part of this ordinance.
Section 8. . The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace
j and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage.
ORD. NO. 1 4
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 19th day of November, 2002.
ATTEST:
ORD. NO. 5