From
Chris Hartmann
Title
TA161002 - Text Amendment - Amending portions of Section 22.2.13, Section 22.2.14, and Section 22.2.17 of Article 22: Fee Schedule of the Unified Development Code, and further amending (typo correction) Section 14.5.11 of Article 14: Drainage of the Unified Development Code; said amendments will increase inspection fees assessed for inspections of multi-family structures, new commercial construction, commercial finish out, and commercial remodels. The owner is The City of Grand Prairie. . (On November 7, 2016, the Planning and Zoning Commission recommended approval of this request by a vote of 9-0).
Presenter
Chief City Planner Jim Hinderaker
Recommended Action
Approve
Analysis
The City Council Development Committee, following an October 18, 2016 review and briefing held by City Manager staff, directed staff to initiate an amendment of the Article 22: Fee Schedule of the Unified Development Code to increase the inspection fees assessed for inspections of multi-family structures, new commercial construction, commercial finish out and commercial remodels. The purpose of the proposed fee increase is to bring the inspection fee schedule more in line with surrounding cities and to more equitably cover the actual cost of said inspections.
A summary of said changes are as follows:
— New Commercial Construction Changes from .16 Sq. Ft. to .28 Sq. Ft.
— Commercial Remodel Changes from .14 Sq. Ft. to .28 Sq. Ft.
— Commercial Interior Finish Changes from .12 Sq. Ft. to .28 Sq. Ft.
— New Apartment Development Changes from $200 per unit to $250 per unit
Staff is further seeking an amendment of Section 14.5.11 of Article 14: Drainage of the Unified Development Code to fix a typographical error.
RECOMMENDATION
The Development Review Committee (DRC) recommends approval of the proposed amendments to Article 14, "Drainage" and Article 22, “Fee Schedule,” of the Unified Development Code as depicted in the attached ordinance.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING PORTIONS OF SECTION 22.2.13, SECTION 22.2.14, AND SECTION 22.2.17 OF ARTICLE 22: FEE SCHEDULE OF THE UNIFIED DEVELOPMENT CODE, AND FURTHER AMENDING (TYPO CORRECTION) SECTION 14.5.11 OF ARTICLE 14: DRAINAGE OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; SAID AMENDMENTS WILL INCREASE INSPECTION FEES ASSESSED FOR INSPECTIONS OF MULTI-FAMILY STRUCTURES, NEW COMMERCIAL CONSTRUCTION, COMMERCIAL FINISH OUT, AND COMMERCIAL REMODELS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL.
WHEREAS, Section 1.11.3.1 of the Unified Development Code of the City of Grand Prairie, Texas states: “Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative.”; and
WHEREAS, on October 11, 2016 a review and briefing was held by City Manager staff before the City Council Finance and Government Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to Section 14.5.11 of Article 14 AND Sections 22.2.13, 22.2.14, and 22.2.17 of Article 22 of the Unified Development Code; and
WHEREAS, on October 18, 2016 a review and briefing was held by City Manager staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of a proposal to initiate an amendment to Section 14.5.11 of Article 14 AND Sections 22.2.13, 22.2.14, and 22.2.17 of Article 22 of the Unified Development Code; and
WHEREAS, after consideration of said amendments, the City Council Finance and Government Committee AND the City Council Development Committee of the City of Grand Prairie, Texas directed City Manager staff to initiate the preparation of an ordinance amending Section 14.5.11 of Article 14 AND Sections 22.2.13, 22.2.14, and 22.2.17 of Article 22 of the Unified Development Code for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and
WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building 6:30 o'clock P.M. on November 7, 2016, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and
WHEREAS, after consideration of said amendments, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 9 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and
WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building, at 6:30 o'clock P.M. on November 15, 2016 to consider the advisability of amending the Code of Ordinances and the Unified Development Code as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1
THAT Section 14.5.11 of Article 14 AND Sections 22.2.13, 22.2.14, and 22.2.17 of Article 22 of the Unified Development Code, City of Grand Prairie, Texas, be and are amended, with proposed additions of text being shown in underlined print, and deleted text being shown with a single line strikethrough, as follows:
14.5.1 Flow in Gutters
The drainage capacities of streets and gutters shall be determined by Manning's Formula using an 'n' value of 0.016 for concrete streets. Streets and curb inlets shall be designed to flow not more than curb deep during a 10-year (10% annual chance) flood. When existing street slopes are less than five feet per 1,000, the hydraulic capacity of the street and right-of-way shall be determined assuming a slope of three feet per 1,000. Where a flow of water is directed toward a curb and is required to turn in direction, the height of the curb against which the water is directed shall not be less than the depth of water flow plus the city velocity head of the water plus two inches. Where water is dumped from a street directly into an open watercourse, it shall be dumped through an approved type of catch basin or through a concrete lined structure.
22.2.13 Building Permit Fees:
$25.00 |
Fence Permit in a Residential Area |
1% |
Subdivision Screening Fence: Based on the Value of the Fence/Retaining Wall |
1% |
Commercial Fence: Based on the Value of the Fence (Minimum of $50.00) |
$1,000.00 |
New Single Family or Two-Family (Duplex) Dwelling + $100.00 for Plan Review |
$250.00 $200.00 |
Each Living Unit for Multi-Family Dwelling |
$20.00 |
Each Residential Accessory Building/Structure up to and Including 100 Sq. Ft. |
$100.00 |
Each Residential Accessory Building/Structure Larger than 100 Sq. Ft. up to and Including 400 Sq. Ft. (Storage Building, Gazebo, Garage, etc.) |
$0.25 |
Residential Per Square Foot for each Garage/Accessory Building Greater than 400 Sq. Ft. |
$200.00 |
Commercial Accessory Building/Structure up to and including 800 Sq. Ft. |
$0.25 |
Commercial Per Square Foot for each Accessory Building/Structure greater than 800 Sq. Ft. [Total Cost=((Total Square Footage-800)*$0.25)+$200.00] |
$20.00 |
Residential Driveway Approach |
$100.00 |
Commercial Driveway Approach |
$100.00 |
Each Swimming Pool |
$50.00 |
House Moving Permit |
$50.00 |
Structural, Electrical, Plumbing and Mechanical Re-Inspection |
$100.00 |
Irrigation System |
$50.00 |
Demolition Permit |
$100.00 |
Commercial Parking Lot (New/Repair) |
$50.00 |
Temporary Building Permit |
$100.00 |
Change of Occupancy (Average) |
$30.00 |
Clean and Show |
$25.00 |
Tank Permit (Install or Remove) |
$20.00 |
Boiler Permits (See Plumbing Permit) |
$20.00 |
Fireplace Permit |
$50.00 |
Fire Suppression Permits |
$30.00 |
Foundation Repair Permit |
$50.00 |
Residential Roof Repair Permit |
$20.00 |
Spa and Hot Tub Permit |
$20.00 |
Miscellaneous Work not Covered by a Building Permit (Minimum) |
1% of work Min. $150 |
Commercial Re-Roof Permit |
22.2.14 Remodel, Additions, Rehabilitation:
Per Square Foot for Residential Dwelling, Not to Exceed the Fee for New Construction |
$0.25 |
Per Square Foot for Commercial, Non-Dwelling, Structures |
$0.14 $0.28 |
22.2.15 Mobile Home Fees:
Per Lot for Mobile Homes (Initial Fee) |
$425.00 |
Per Mobile Home (Replacement) |
$50.00 |
22.2.16 Inspection Fees:
Electrical or Mechanical Inspection Fee |
$50 (Min) |
Plumbing Inspection Fee |
$60 (Min) |
22.2.17 Non-residential use buildings all occupancy classifications except those specifically mentioned herein:
New Commercial (Finished) |
$0.16 $0.28/Sq. Ft. |
New Commercial Shell |
$0.14/Sq. Ft. |
Interior Finish Out |
$0.12 $0.28/Sq. Ft. |
Plan Review Fee is 45% of the Building Permit Fee. This fee is in addition to the Building Permit Fee.
SECTION 2
THAT all other provisions of Article 14: Drainage and Article 22: Fee Schedule of the Unified Development Code, City of Grand Prairie, Texas, not included in this amendment, shall remain in full force and effect, save an except for necessary modifications to the “Table of Contents” affecting page numbering, and for necessary modifications to related terminology or phrases that have been modified by this amendment that will affect a similar modification to interrelated terminology and phrases cross-referenced in other Articles in the Unified Development Code.
SECTION 3
THAT if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the remaining portions thereof.
SECTION 4
THAT all of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Grand Prairie, Texas, in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved of all personal liability for any damage that might occur to persons or property as a result of any act required or permitted in the discharge of his said duties.
SECTION 5
THAT any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in an amount not to exceed two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law, and the power of injunction as provided in V.T.C.A. Local Government Code Section 54.016 and as may be amended, may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6
THAT this ordinance shall be in full force and effect from and after its passage, approval and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 15th DAY OF NOVEMBER, 2016.
ORDINANCE NO. 10188-2016
CASE NO. TA161002