HomeMy WebLinkAboutOrd 864-2020 Amend Code Appendix A, Article A2.000 Sec. A2.004 Building FeesCITY OF ANNA, TEXAS
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY CODE OF
ORDINANCES BY AMENDING APPENDIX A (FEE SCHEDULE) PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE
HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND,
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and
regulations governing Schedule of Fees; and
WHEREAS, the City Council of the City of Anna ("City Council") has investigated and determined
that is would be advantageous and beneficial to the City and its citizen to amend sections of Article
A2.000 (Building Related Fees) and Article A3.000 (Development Fees) within Appendix A (Fee
Schedule) of The Anna City Code of Ordinances ("Anna Code") by adjusting rates for permits and
inspections to reflect actual costs of administration, plan review, filed inspections, and removing
items no longer used;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT.
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Amendment
In accordance with Article 1.01 of the Anna City Code of Ordinances, ("Anna Code"), the following
amendments are made to Article A2.000 (Building Related Fees) and Article A3.000
(Development Fees) of Appendix A (Fee Schedule) are hereby amended as follows
ARTICLE A2.000 BUILDING RELATED FEES
Sec. A2.004 Miscellaneous permit fees
(p) Annual rental registration. $�88- 75.00.
Sec. A2.008 Annual registration fees and reinspection fees for rental
properties and multifamily residential building
a) Annual rental property registration fee. The annual fee for a rental property is
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Page 119 of 150
ct750.00 /5.00. The foo fnr issuing a rnnlaGement fnr a Inst destreyed nr m„til�t�A
linnnsn is Q•25 nn
(b) Annual multifamily residential building registration fee. The annual fee for
registration of a multifamily residential building is $100.00 or $25.00 per dwelling unit,
whichever is greater. The fee for ios„inn n rnnlonomnn+ fnr n Ins+ rins+rnvn i nr
is
$25.0-0-.
mutilated liGeRGe
ARTICLE A3.000 DEVELOPMENT FEES
[ ... ]
Sec. A3.002 Zoning application fees
(a) Zoning application or rezoning fees: Zoning application or rezoning fees shall
be $309:99- 500.00 plus $10.00 per acre on a tract of land, to be paid at the time
such application is submitted to the city secretary.
(b) Zoning application fees - planned development: Zoning application or rezoning
fees shall be $590:09- 1 000.00 plus $30.00 per acre on a tract of land, to be paid at
the time such application is submitted to the city secretary.
[ ...
Sec. A3.004 Site plan review; miscellaneous development fees
(a) Site plan review: The fee for review of site plans shall be $250.00 for site plaRs
less
GGVeF!Rg eRe aGre er and shall be $300.00 fer site plans fer mere than ene aGFe
$100 an acre with a minimum fee of $250 to be paid at the time the site plan is filed
with the nit„ sonretan, Planning and Development department.
(d) Landscape44speet+ee plan review: The fee for review of a -landscape
anspeetie4_plans shall be $100 an acre with a minimum fee of $250 to be paid at the
time
the landscape plan is filed with the Planning
and
Development
department.
[ ... ]
(f) Concept plan review: The fee for review of concept plans shall be $50.00 an
acre with a minimum
fee of $250.00 to be paid at the time the
concept plan is filed
with the Planning and Development department.
(g) Facade/Elevation Plan: The fee for review of facade/elevation plans shall be
$100.00 per building to o be paid at the time the facade/elevation plan is filed with the
Planning and Development department.
h Substantially Conforming Site Plan: The fee for review of substantial)
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Page 120 of 150
Section 3
conforming
site
plans
shall
be $100.00
paid at
the
time
the substantially
:�::trsr_r.
conforming
site plan is
filed
with the Planning
and Development
department.
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Sec. A3.005 Plat fees
(e) Fees and charges shall be calculated in accordance with the following schedule:
•. !!'� 1111•• •. • !!'� 111•- • '
• ••
• • • • • • ••'� 1111 •- •.
• •• '� 1 11 •- • • ••
• • . -• . •• '� 11 11 •-
• . • •• '� 1 11 •- • -• • ••
(8) Amended plat: An amended plat shall be $325.00, plus $5.00 per lot;
Sec. A3.007 Mobile home and mobile home park fees
(a) Mobile home park license-+a+tial-fee: It shall be unlawful for any person to
construct, maintain or operate a mobile home park within the city limits without a
license therefor. Ate-ie+tiat fee of $250.00, plus $10.00 for each mobile home lot, shall
be required for the -first annual mobile home park license.
. •
.
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,,.
Sec. A3.007 Mobile home and mobile home park fees
(a) Mobile home park license-+a+tial-fee: It shall be unlawful for any person to
construct, maintain or operate a mobile home park within the city limits without a
license therefor. Ate-ie+tiat fee of $250.00, plus $10.00 for each mobile home lot, shall
be required for the -first annual mobile home park license.
Savings, Repealing and Severability Clauses
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Page 121 of 150
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Savings, Repealing and Severability Clauses
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Page 121 of 150
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase,
sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared
unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any
of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or
parts of ordinances in force when the provisions of this ordinance become effective that are
consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified
to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective that are inconsistent or in conflict
with the terms and provisions contained in this ordinance are hereby repealed only to the extent
of any such conflict.
Section 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall
be fined in an amount not to exceed the lesser of $2,000 or the highest amount allowed by
applicable law for each incidence of violation. Each day a violation exists is considered a separate
offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council and posting and/or
publication, if required by law, of its caption. The City Secretary is hereby authorized and directed
to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this 28th day of July 2020.
ATTESTED:
Carrie L. Land, City Secretary
Nate Pike, Mayor
CITY OF ANNA
CITY COUNCIL
July 28, 2020
DESCRIPTION:
The recently adopted Council Action Agenda 2020 — 2021 identifies Development Fees
as a High Priority item under the Management Agenda section. It is a best management
practice to review Fee Assessments on a periodic basic, typically every three to five years,
or when major changes to Department costs are implemented. The City of Anna last
updated the plat fees in 2008 and the zoning application fees and site plan review;
miscellaneous development fees in 2004. Many of the existing development fees within
the City of Anna fee schedule are not in keeping with the actual cost of review and
processing and the purpose associated with reviewing and updating these fees are to
ensure taxpayers are not subsidizing the cost of private development within the City of
Anna.
Over 27 municipalities fee schedules were reviewed as part of staff's research. Attached
within Exhibit 1 is a fee comparison between the City of Anna and eight (8) of those
municipalities researched (Celina, Frisco, McKinney, Murphy, Plano Prosper, Sachse,
Fates). These municipalities were specifically chosen based on multiple factors;
population, geographic similarities, past, present, and future development pressures, and
employment of professional development review staff.
Below in Table 1 are the City of Anna existing application fees being considered for
increase along with the proposed fee and a briefjustification associated with the increase.
Additionally, the Neighborhood Services Division is requesting to increase the Annual
Rental Registration fee from $50 to $75 and require the Mobile Home License fee, $250
plus $10 for each mobile home lot, be an annual fee requirement. The proposed changes
are represented by fees that are revenue neutral and fairly compensate the City for costs
incurred for the services provided and are relative to the fees for residential rental
registrations and mobile home licenses in similar municipalities
SUMMARY:
Staff is recommending City Council approve amendments to the fee schedule by
modifying existing fees and creating new fees for services currently required by the
Planning and Development Regulations within the Code of Ordinance.
Further, staff is recommending adding language requiring fees calculated on a per acre
basis be rounded up to the next whole acre (i.e., 2.3 acres to 3 acres).
TABLE 1
Existing Fee
Proposed Fee
Justification
Zoning requests need to be examined to ensure compliance with adopted
Zoning application
$300p1us
$500 plus
comprehensive plan, state law requires public hearing notices, metes and
or rezoing fees
$10/acre
$10/acre
bounds need to be confirmed and city maping updated to reflect change.
Zoning application
Planned Developments are typically complex which require extensive
$500 plus
$1,000 plus
fees - planned
$30/acre
$30/acre
review of existing and proposed zoning, drafting of ordinances, planned
development
development stipulations, and development agreements.
Anna currently doesn't have a fee associated with a Concept Plan.
However, a Planned Development zoning request requires the submittal
of a concept plan. The concept plan is a general site assessment and
$50 an acre with a
development concept and ensures compliance with proposed
Concept plans
NO FEE
minimum fee of
develoopment regulations. Determination of building placement, design
$250
and location of drives, aisles, and parking, preliminary design of open
space, landscaping, and amenities are otherfeatures identified on the
plan.
$250 for one
Proposed increase keeps the same fee for developments one acre or less.
acre of less;
$100 an acre with
Increase in fee is triggered once proposed development is greater than 2
Site plan review
$300 for greater
a minimum fee of
acres. The updated fee schedule removes the assumption that all
$250
than one acre
developments greater than one acre trigger the same level of service.
Anna currently doesn't have a fee associated with Landscape Plans.
However landscape plans are required to be submitted with the
$100 an acre with
development of Planned Developments, nonresidential developments,
Landscape plan
NO FEE
a minimum fee of
multifamily development, and residential subdivisions. The level of
$250
detail required forthese plans is similarto a Site Plan therefore staff
believe the same review fee isjustified.
Anna currently doesn't have a fee associated with Fagade/Elevation
Facade/Elevation
Plans, Most Planned Developments include development agreements
NO FEE
$100
Plan
that include requirements for building materials, percentage of materials,
and signage.
Increase would be comparable to communities with similar development
Preliminary plats
$325 plus $5/lot
$500 plus $10/lot
preasures.
Increase would be comparable to communities with similar development
Final plats
$325 plus $5/lot
$500 plus $10/lot
preasures.
$325.00/plat
Increase would be comparable to communities with similar development
Replat
plus $5.00/lot
$500 plus $10/lot
plus $50 fee
preasures.
Minor plat/replat
$325/plat plus
Same level of information and review will be required regardless if there
(no new public
$5/lot plus $50
$500 plus $10/lot
is public infrastructure. Staff is recommending removing the $50
infrastructure)
fee
(recording) fee which is now a requirement of the applicant.
Substantially
Substantially Conforming Site Plans (SCSP) are plan revisions that are
Conforming Site
NO FEE
$100
1,000 sq. ft. or less or involve 20 parking spaces or less. Currently the city
plan
does not have a fee associated with review of a SCSP.
Recommended for approval as follows: (additions are indicated U text;
deletions are indicated in strikethrough text).
ARTICLE A2.000 BUILDING RELATED FEES
Sec. A2.004 Miscellaneous permit fees
(p) Annual rental registration. $25.00 75.00.
Sec. A2.008 Annual registration fees and reinspection fees for rental properties and
multifamily residential building
(b) Annual multifamily residential building registration fee. The annual fee for registration of a
multifamily residential building is $100.00 or $25.00 per dwelling unit, whichever is greater.-T44e
.
ARTICLE A3.000 DEVELOPMENT FEES
Sec. A3.002 Zoning application fees
(a) Zoning application or rezoning fees: Zoning application or rezoning fees shall be-��388-:00
500.00 plus $10.00 per acre on a tract of land, to be paid at the time such application is submitted
to the city secretary.
(b) Zoning application fees -planned development: Zoning application or rezoning fees shall
be—X08-:00 $1,000.00 plus $30.00 per acre on a tract of land, to be paid at the time such
application is submitted to the city secretary.
Sec. A3.004 Site plan review; miscellaneous development fees
1111 rMs Ar 0
•• 1 ••-•.•IM7=,fiarl Ib I I I -• •
nd Development department.
(d) Landscape �^motion plan review: The fee for review of a-landscape-iRspestieff
Ip ans
shall be $100 an acre with a minimum fee of $250 to be paid at the time the landscape plan is
filed with the Planning and Development department.
(f) Concept plan review: The fee for review of concept plans shall be $50.00 an acre with a
minimum fee of $250.00 to be paid at the time the concept plan is filed with the Planning and
Development department.
�� g� i`��Q Page 116 of 150
(q) Facade/Elevation Plan: The fee for review of facade/elevation plans shall be $100.00
per building to be paid at the time the fagade/elevation plan is filed with the Planning and
Development department.
(h) Substantially Conforming Site Plan: The fee for review of substantially conforming site
plans shall be $100.00 paid at the time the substantially conforming site plan is filed with the
Planning and Development department.
Sec. A3.005 Plat fees
(e) Fees and charges shall be calculated in accordance with the following schedule:
(1) Preliminary plats: $3288 500.00 per plat, plus-$�88 10.00 per lot.
(2) Final plats: $325.00 $500.00 per plat, plus $5 00 $10.00 per lot. Plus $50000
filen
g fee.
10.00 per • •• filine fee,
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Sec. A3.007 Mobile home and mobile home park fees
(a) Mobile home park license, -ilial -fee: It shall be unlawful for any person to construct, maintain
or operate a mobile home park within the city limits without a license therefor. Amt fee of
$250.001 plus $10.00 for each mobile home lot, shall be required for the4i+r annual mobile home
park license.
r%2�:-CX ��C� c�� Page 117 of 150
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