From
Chris Hartmann
Title
TA120902 - Text Amendment - Article 22, “Fee Schedule,” of the Unified Development Code. Approval of a Text Amendment to Article 22, “Fee Schedule,” of the Unified Development Code and Section 7-56 and Section 7-105 of the Code of Ordinances to amend and update fees charged for certain building, electrical, mechanical, sign and certificate of occupancy permits. The owner is the City of Grand Prairie Planning Department and the applicant is Mary Elliott, AICP. (On September 10, 2012, the Planning and Zoning Commission recommended approval of this request by a vote of 6-0.)
Presenter
Director of Planning and Development Bill Crolley
Recommended Action
Approve
Analysis
SUMMARY:
Consideration of a request for the approval of a Text Amendment to Article 22, “Fee Schedule,” of the Unified Development Code and Section 7-56 and Section 7-105 of the Code of Ordinances to amend and update fees charged for certain building, electrical, mechanical, sign and certificate of occupancy permits.
OVERVIEW
Amendments to Article 22, “Fee Schedule”, of the Unified Development Code are being proposed by the Director of Planning and Development and the Building Inspections Division. The following is a summary of the increased fees:
From to Proposed
New Single Family $700 $1000
New Single Family Plan Review $50 $100
Change of Occupancy $60 $100
Electrical $40 $50
Mechanical $40 $50
Sign Permit $50 min. $75 min.
This action has been requested to ensure that permit fees collected for buildings and construction will cover the City services required to facilitate new development and the City does consider and find that this amendatory ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community.
The proposed fee recommendations were developed after a fee schedule survey was conducted of other area cities. In that study, it was found that our “New Single Family Residential” permit fee ($700) is 51% less that the average among 15 cities ($1057).
In addition, the following fees were also less than the average. Plan review fee ($50) is 94% less than average ($97). Change of occupancy fee ($60) is 58% less than average ($95). Electrical and Mechanical permit fee is 30% less than average ($52). Sign permit minimum fee ($50) is less than 54% of the average ($77).
ADDITIONAL REVENUE: Based on last year’s permit numbers, these proposed fees would have resulted in the following additional revenue.
Qty. X Increase = Additional Revenue
New Single Family 362 $300 $108,600
New Single Family Plan Review 362 $50 $18,100
Change of Occupancy 387 $40 $15,480
Electrical 491 $10 $4,910
Mechanical 525 $10 $5,250
Sign Permit 161 $25 $4,025
Total $156,365
After consideration of these amendments on July 10, 2012 by the City Council Development Committee and on August 1, 2012 by the Finance and Government Committee, the committee members directed staff to initiate the preparation of an ordinance amending Article 22, “Fee Schedule” of the Unified Development Code for submittal to the Planning and Zoning Commission for a recommendation to the City Council.
RECOMMENDATION:
The Development Review Committee (DRC) recommends approval of the proposed amendments to 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 AND UPDATING FEES CHARGED FOR CERTAIN BUILDING, ELECTRICAL, MECHANICAL, SIGN AND CERTIFICATE OF OCCUPANCY PERMITS, BY AMENDING SECTIONS 7-56 AND 7-105 OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE AND SECTIONS 22.2.13 AND 22.2.20 OF ARTICLE 22, “FEE SCHEDULE,” OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990; AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, AND A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.
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 behalf of the City or by the City Manager's own initiative.”; and
WHEREAS, on July 10, 2012, a review and briefing was held by the City Manager’s staff before the City Council Development Committee and on August 1, 2012, a review and briefing was held by the City Manager’s staff before the Finance and Government Committee of the City of Grand Prairie, Texas for consideration of initiating said amendments to Article 22, “Fee Schedule,” of the Unified Development Code; and
WHEREAS, after consideration of said amendments, the City Council Development Committee and Finance and Government Committee of the City of Grand Prairie, Texas directed the City Manager to initiate the preparation of an ordinance amending Article 22, “Fee Schedule,” 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 at 7:00 o'clock P.M. on September 10, 2012, 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 amendment, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 6 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 September 18, 2012, to consider the advisability of amending the Zoning Ordinance 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 the provisions of Section 7-56 (b) of the Code of Ordinances relative to minimum electrical fees are amended to read as follows:
(b) The permit fee for installation of electrical equipment in all other instances shall be as follows:
(1) Minimum fee:
(a) Dwelling …$50.00 …$40.00
(b) Non-dwelling … $50.00 …40.00
[The remainder of Sec. 7-56 shall remain as is and in full force and effect.]
SECTION 2.
THAT the provisions of Section 7-105 of the Code of Ordinances relative to minimum mechanical fees are amended to read as follows:
(c) Schedule of fees.
(1) Minimum permit fee.....$50…. $40.00
[The remainder of Sec. 7-105 shall remain as is and in full force and effect.]
SECTION 3.
That the provisions of Section 22.2.13 of the Unified Development Code relative to permit fees for a New single family residence, Plan review, Change of Occupancy, adding Commercial Re-Roof Fee and amending Residential re-roof text are hereby amended to read as follows:
|
$1000 $700.00 |
New Single Family or Two-Family (Duplex) Dwelling + $100 $50.00 For Plan Review |
|
$100 $60.00 |
Change of Occupancy (Average) |
|
1% of work Min. $150 |
Commercial Re-Roof |
|
$50.00 |
Residential Re-Roof Repair (Decking Only) Permit |
SECTION 4.
That the provisions of Section 22.2.15 of the Unified Development Code relative to permit fees for Sign permits are hereby amended to read as follows:
22.2.20 Fees Related to Signs:
The following fees shall accompany and be required for Sign permits:
A. Initial Permit:
|
0 - 50 Sq. Ft. |
$75.00 $50.00 |
SECTION 5.
THAT all other provisions of Article 22, “Fee Schedule,” and of the Unified Development Code not included in this amendment, shall remain in full force and effect, save and 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 five hundred dollars ($500.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative of 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 18th DAY OF september 2012.
ORDINANCE NO. 9407-2012
CASE NO. TA120902