04-06-1987 (Planning & Zoning) Agenda Packet DATE POSTED 7-31-87
TIME POSTED 3:30 P.M.
AGENDA
PLANNING AND ZONING COMMISSION
CITY OF WYLIE, TEXAS
THURSDAY, AUGUST 6, 1987
7 : 00 P.M. COMMUNITY CENTER
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 Administer Oath of Office to
new members .
2 1 - 12 Consider approval of minutes .
3 13 - 16 Public Hearing on rezoning of
Lots 1-6 , N1/2 of 7, 8 , & 9 ,
Block 28 , Railroad Addition ,
from Multi-Family to Planned
Development .
4 13 - 16 Consider approval of
recommendation of rezoning of
Lots 1-6 , N1/2 of 7 , 8 , & 9 ,
Block 28 , Railroad Addition ,
from Multi-Family to Planned
Development .
5 17 - 40 Consider approval of
recommendation of amendment to
Impact Fee Ordinance.
6 41 - 42 Consider approval of
recommendation of final plat
for Woodlake Village.
7 43 - 44 Consider approval of
recommendation of preliminary
plat for Westgate Industrial
Park.
8 Oral Presentation by Baron Cook in
regards to Canterbury Hill .
9 ADJOURN
MINUTES
PLANNING & ZONING COMMISSION
REGULAR MEETING
THURSDAY JULY 16, 1987
The Planning and Zoning Commission for the City of Wylie,
Texas met in a Regular Meeting can July 16, 1987 in the
Community Room at 800 Thomas Street. A quorum was present
and notice of the meeting had been posted for the time and
in the manner- required by law. Those present were: Chairman
Brian Chaney, Vice-Chairman Ben Scholz, Bobby Skipwith and
R. P. Miller. Representing the city staff was Roy Faires,
Code Enforcement Officer and Amanda Maples, Secretary.
ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES - Bobby Skipwith
made a motion to approve the minutes. Ben Scholz seconded
the motion. Motion carried 4-0.
ITEM NO. 2 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR
REZONING OF TRACT 16, BIRMINGHAM FARMS LAND FROM 2F TO
PLANNED UNIT DEVELOPMENT - Mr. Faires stated that this item
had been withdrawn from the agenda at the request of the
developer.
ITEM NO. 3 - CONSIDER RECOMMENDATION OF REZONING TRACT 16,
BIRMINGHAM FARMS FROM 2F TO A PLANNED UNIT DEVELOPMENT - No
action was taken on this item due to the fact that item
has been withdrawn from the agenda.
Mr. Faires addressed the Planning and Zoning Commission
informing them of the action that the City Council had taken
on Tract 17, Birmingham Farms. He said that the Planning
and Zoning Commission had recommended approval of the SF3
tract. However, the City Council had tabled any motion on
the tract. The City Council is presently displeased with
the amount of SF3 developing in Wylie and is looking toward
more SF2 zoning. Council considered granting SF2 zoning but
there was a discrepancy as to whether granting the SF2
zoning would be considered "Down Zoning" which is illegal
and the item was tabled for further consideration.
ITEM NO. 4 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR
MULTIPLE ZONING ON 183. 4 ACRE TRACT, LOCATED WITHIN THE
FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 - Chairman
Brian Chaney opened the public hearing to anyone who wished
to speak for or against this item.
Mr. Roy Wilshire of PAWA Winkelman carve forward representing
the Pendry family. Mr. Wilshire said that this is the
balance of about 1800 acres of which rncost was purchased by
the Corp of Engineers. On the property their is a north
south road which is the realignment of Eubanks Road and an
east west road which is the proposed Spring Creek Parkway.
The property is bounded on the west by the lake, on the east
by the Corp of Engineers and Eubanks Road, on the south by
the Railroad and North Texas Municipal Water District and on
the west is a tract of undeveloped land. This tract was
annexed into the City of Wylie in December of 198E and is
presently zoned "A. "
We are asking for a combination of uses. We are providing
for Spring Creek Parkway, the realignment of Eubanks Road, a
single family buffer to protect Glad Acres, on the east and
west commercial uses and at thoroughfare crossings and
residential uses to cover over 2/3 of the property. The
Industrial tract is bounded on the south by the railroad and
on the north by Spring Creek. Parkway. The red area is 51
zoning adjacent to the Industrial use. Tract 7 and 8 by
Spring Creek Parkway, we are asking for b2 zoning. The
orange area is SF3 and the yellow area is SF2. The Pendry
family owns the peninsula next to the SF2 which is presently
zoned "A" and is unplated at this time. The remaining 12
acres we anticipate as a MF use. We are prepared to
dedicate right of ways quickly to allow the roads to be
constructed by the County.
The SF areas are a first draft of the subdivision layout
backing the houses up to Spring Creek Parkway with 2 primary
entrances from Spring Creek Parkway and a main collector
serving the tract.
We are excited and anxious tci move forward with this
project.
Mr. Faires stated that the tract speaks for itself. Mr.
Wilshire has made a good presentation. This proposal meets
the theory of our cluster zoning although, it does not
comply with the land use plan, which is changeable. Keep in
mind the action of the Council on the last plat sent forth
with SF3 zoning. There is a great deal of SF3 in that
particular area and I don' t know how the Council would feel
about this much SF3.
Mr. Faires asked Mr. Wilshire if they had decided to put the
deed restrictions on the SF3 as they had discussed and if
so, what house size.
Mr. Wilshire said yes they would be willing to commit to
that at 1350 sq. feet.
Mr. Drumrnin of 1700 Skyview came forward saying that most of
the zoning is based on the proposed right of way of Spring
Creek Parkway. Has that location been finalized?
Mr. Faires said that Spring Creek Parkway can be located
anywhere if the City and the County so decides.
Mr. Drumrnin said that the SF3 houses interface his property
which is 1. 2 acres with a 1500 ft. house. That is the point
I wanted to make, that these houses are interfacing much
larger lots and I wonder if SF3 is enough buffer.
There being now further discussion Chairman Brian Chaney
closed the public hearing.
ITEM NO. 5 - CONSIDER RECOMMENDATION OF MULTIPLE ZONING ON
183. 4 ACRE TRACTL LOCATED WITHIN THE FRANCISCO DE LA PINA
SURVEY, ABSTRACT NO. 688 - Bobby Skipwith asked if they were
proposing to change the house size of all of the SF3 zoning.
Mr. Faires said, "yes. "
Bobby Skipwith said that Spring Creek Parkway seemed to be a
small buffer between the SF3 and the Industrial zoning.
Mr. Faires replied that Spring Creek Parkway has a 100 ft.
right of way.
Mr. Wilshire said that Spring Creek Parkway actually has a
120 ft. right of way and it is important for the houses to
back up to that thoroughfare and that there will be
landscaping can the Industrial tract.
The current ordinance only calls for a 20 ft. setback for
Industrial property which, through the plating process we
plan t�o increase that and I believe there has to be a wall .
Chairman Brian Chaney said that the Planning and Zoning
Commission has always gone with cluster zoning as opposed to
strip zoning. Roy mentioned the density of the SF3, a
developer carve before us wanting large homes on small lots
and it was granted. He deed restricted and the large lots
sold first and the small lots did not sell. We are not here
to evaluate the sell ability of these lots. Deed
restrictions are his economic decision.
Mr. Faires said that the City would not enforce deed
restrictions, that is the Civil Courts duty. He went on to
say that for some years we have felt as you do about buffer
zoning. In the past we have used duplex zoning but in the
last year all of the duplex zoning has come back before us
'1
wanting to change the zoning because the duplex lots are not
marketable. It makes no sense to buffer with duplex zoning
when it will only be changed, for now the SF3 zoning is the
best buffer zoning that we have available.
Chairman Brian Chaney suggested that the Commission take one
tract at a time and deal with the zoning in that fashion.
Tract 1 - No problem.
Tract 2 - Change to all SF2.
Tracts 6, 7, 8 & 9 - Change to all SF3 on tracts 6 and 9.
Tracts 7 and 8 leave as requested.
Tracts 3, 4 & 5 - Change tract 5 bringing B1 down all the way
to the railroad tracts and put Industrial on tracts 3 and 4.
Vice-Chairman Ben Scholz made a motion to grant the zoning
as follows:
Tracts 1 and 2 - SF2
Tract 3 - Industrial
Tract 4 - amend the lower corner to B1 and the rest
Industrial
Tract 5 - B1
Tract 6 - SF3
Tract 7 - B2
Tract 8 - B2
Tract 9 - SF3
R. P. Miller seconded the motion. Motion carried 4-0.
ITEM NO. 6 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR
SPECIFIC USE PERMIT TO OPERATE A PAWN SHOP ON 1 ACRE TRACT
OUT OF FRANCISCO DE LA PINA SURVEY, A-688 (COMMONLY KNOWN AS
HOME TOWN FURNITURE, INC. ) - Mr. Faires said that this is a
proposal for a pawn shop in and Industrial zone. These
people have applied to the state for license and I have
informed them that they need a Specific Use Permit to
operate a pawn shop in this zoning.
Chairman Brian Chaney opened the public hearing for anyone
who wished to speak concerning this item.
Mr. N. C. Jefferies with Home Town Furniture, Inc. said that
at this time they had 3 stores. One store is leased and
there are two buildings on this 1 acre tract that are not
leased. We have checked with the state about getting
licensed to operate a pawn shop. There is no problem in
getting the license but due to the time involved and the
expense we wanted to see if you would allow us to get the
Specific Use Permit before we embarked further on this
project.
F1
There being no further questions or opposition Chairman
Brian Chaney closed the public hearing.
ITEM NO. 7 - CONSIDER RECOMMENDATION FOR SPECIFIC USE PERMIT
TO OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF FRANCISCO DE
LA PINA SURVEY, A-688 (COMMONLY KNOWN AS HOME TOWN
FURNITURE, INC. ) - Mr. Faires said that a Specific Use
Permit could be and annual permit, restricted to the present
owner and reviewed annually.
Ben Scholz asked if large items such as boats and trailers
could be stored outside.
Mr. Faires said that outside storage was permitted in this
zoning.
Chairman Brian Chaney said that they could not use the
parking spaces for that but he could store it on the side or
in the back.
Ben Scholz made a motion to grant the Specific Use Permit to
be restricted to the present owner and that it should be an
annual permit and reviewed each year. Bob Skipwith seconded
the motion. Motion carried 4-00.
ITEM NO. 8 - CONSIDER APPROVAL OF FINAL PLAT FOR CALDWELL
ADDITION, BLOCK 1, LOT 1. - Mr. Faires stated that this is
the property contiguous with the Police Station, it adjoins
Jackson Street and is the proposed site of McDonalds
Restaurant.
The plans have been reviewed by the City Staff. This plat
has met all of the requirements of the City of Wylie
standards and the staff recommends approval.
Chairman Brian Chaney asked Mr. Faires how this property is
plated.
Mr. Faires said that it is railroad property. The streets
across the railroad property are not dedicated they are just
prescriptive easements and we can' t get the dedication until
the property is plated.
Chairman Brian Chaney asked if the utilities shown on the
plat were already existing.
Mr. Faires said "yes and they have granted easements so that
the City can maintain the utilities. "
Chairman Brian Chaney asked what the current zoning of the
property is.
Mr. Faires said that it is zoned 81.
R. P. Miller made a motion to approve the Final Plat as
presented. Bob Sk.ipwith seconded the motion. Motion
carried 4-0.
ITEM NO. 9 - ADJOURN - R. R. Miller made a motion to adjourn
the July 16, 1987, Regular Meeting of the Planning and
Zoning Commission. Bob Skipwith seconded the motion.
Motion carried 4-0.
Briar, Chaney, Chairman
Respectfully Submitted :
Amanda Maples, Secretary
4
le
MINUTES
PLANNING AND ZONING COMMISSION
CALLED MEETING
THURSDAY JULY 23, 1987
The Planning and Zoning Commission for the City of Wylie,
Texas met in a Called Meeting on July 23, 1987 in the
Conference Room at 108 S. Jackson. A quorum was present and
notice of the meeting had been posted for the time and in
the manner required by law. Those present were: Chairman
Brian Chaney, Vice-Chairman Ben Scholz, Bob Skipwith, Bart
Pedd i cord, Cecilia Woods, R. R. Miller and Marty Stovall.
Representing the City Staff was Roy Faires, Code Enforcement
Officer and Amanda Maples, Secretary.
ITEM NO. 1 - CONVENE WORKSHOP FOR INSTRUCTIONAL PURPOSES FOR
PLANNING AND ZONING COMMISSION - Chairman Brian Chaney
informed the board that the duties of the Planning and
Zoning Commission were strictly advisory. We conduct Public
Hearings and make recommendations to the City Council.
Mr. Faires pointed out that the proper way to make a motion
should be to say that "we recommend that the City Council
approve or disapprove" of an item. In order for the Council
to override a recommendation of disapproval from the P&Z it
takes a super majority vote of the Council (75%) .
Mr. Faires explained that in the past the City Staff
consisted of Mr. Pappas, City Manager; Mr. Santry, City
Engineer and myself. Until such time as we came along the
City Council had not felt comfortable with the City Staff
reviewing plans so a Plat Review Committee was formed to
review plats and send their recommendation forward to the
Council. Since the Council has felt comfortable with a
competent staff to help guide them the Plat Review Committee
was dissolved at the Council level. The St of f' s directions
from the Council are that no plat is to come forward with a
red line on it unless the developer demands that it be done.
When we receive a Preliminary Plat the Engineering Staff
will review it and make any comments. It is then sent back
to their Engineers to have any corrections made. At that
point it will come back to the Engineering Staff for another
review until the plans are done correctly.
When the Planning and Zoning Commission receives a
Preliminary Plat you can rest assured that it complies with
all aspects of the Subdivision Regulations unless the
developer and his engineer insist that it be sent forward
and in that instance those exceptions will be pointed out to
you both in your packet and at the meeting.
414
+f,_-
Your primary function as a board is zoning the planning part
is usually inherited especially in small cities. In larger
cities the planning and zoning are usually two separate
boards.
Chairman Brian Chaney touched on the ETJ explaining that the
Extra Territorial Jurisdiction of our City is one mile from
cur City Limit line in any direction unless it reaches
another cities City Limits or their ETJ line. In some cases
where two cities ETJ lines cross a common boundary is
established.
Mr. Faires said that State Law permits a City to enforce
their subdivision ordinance in the ETJ. A courtesy review
may be held in the area of two to five miles.
Chairman Brian Chaney explained that if someone owned 50
acres in our ETJ and he built a house, barn and a storage
building on it then he is ok. However, if he subdivides the
property without meeting our subdivision regulations then he
is breaking the law.
Mr. Faires explained further that subdivision is dividing
any piece of real property that has a legal description into
two or more tracts. It is a violation of law for the County
Clerk to file a plat of subdivision in our ETJ unless that
plat has been approved by our City Council.
Our City operates as a Horne Rule City and we are governed by
a Home Rule Charter which was adopted by the Citizens of
Wylie. The difference between a Horne Rule City and a
General Law City is that when a city reaches a population of
5000 or more and adopts a Home Rule Charter it is allowed to
do anything that the State Law does not specifically
prohibit. A General Law city has a population of less than
5000 and can only do what State Law permits them to do.
Being a Herne Rule City allows us to make involuntary
annexations. This is usually done because their is a tract
of land that we are concerned about someone putting and
abusive use on. The City Council and the Staff start
proceedings for involuntary annexations. A tract that is
involuntarily annexed usually is zoned as an agricultural
use unless the owner specifies another zoning. The
annexation of the property and the zoning of the property
are separate hearings. A voluntary annexation is when
someone requests annexation and if they meet the
requirements annexation is usually granted by both the
Planning and Zoning Commission and the City Council.
Chairman Brian Chaney said that zonings should be blended as
much as possible. There are two zoning maps, one in Mr.
Faires' s office and one in the Council Chambers, they show
what our city will look like at build out. It will change
some because the map is not iron clad there is some
flexibility.
Mr. Faires explained that he and Mr. Pappas were
commissioned by the Planning and Zoning Commission and the
City Council over two years ago to provide them with a
projected land use plan four the land inside the City Limits
as well as the ETJ. It is in our ordinance that a zoning
request can be initiated by either the property owner or by
the Planning and Zoning Commission.
Chairman Brian Chaney said that the staff puts a lot of
hours into reviewing the plats that come before us.
Platting is done in two steps first the Preliminary Plant
and then the Final Plat. It is not our responsibility to
decide the marketability of a piece of land, rather to make
sure that the subdivision regulations are met.
Also, where zoning is concerned we are not in the lets make
a deal business. If this board feels that a particular
zoning is what is best for this City then we need to stick
with that and send that recommendation forth to the Council.
Never trade a developer a little SF-3 here for more SF
over there.
Mr. Faires said that any time something comes before the
beard that the staff is strongly opposed to, you will be
supplied with information as to why we are opposed to it and
I am always available to answer any questions day or night.
Chairman Brian Chaney warned the new members that when four
or more members are together discussing Planning and Zoning
Business it is considered a quorum and that would be an
illegal meeting unless notice of the meeting was posted 72
hours in advance.
He went on to say that all of the specifications in the
Zoning Ordinance are minimum requirements. Our Zoning
Ordinance is completely separate from Deed Restrictions.
Deed Restrictions are listed on the plat but are not
enforced at the City level. Any enforcement of a Deed
Restriction would be handled in Civil Court.
In our Zoning Ordinance the Agricultural Zoning is an
exclusive zoning. The zonings are accumulative in SF-1
through SF-3, exclusive in SFA, 2F, MF and MH.
f..
SF-1 is the largest single family classification with large
lot and house sizes. SF-2 is in the middle. SF-1 is the
smallest single family zoning. 2F is a duplex zoning lately
is has been very unpopular with the developers and we are
finding that all of the 2F zoning which we previously
granted is conning before us again with requests for zoning
changes. SF-A is our zoning for Townhomes. Townhomes are
defined as 3 or more attached units, no more than 7 units
and are for individual ownership. MF is our Multi-family
zoning which is apartments. MH is a Manufactured Housing
zoning there is a moratorium on this particular zoning. Any
MH zoning that is currently zoned can be developed but no
new MH zoning will be granted.
Vice-Chairman Ben Scholz said that when we review a Mobile
Home Park it is different because the streets are not
dedicated to the City. They are privately owned and
maintained.
Mr. Faires added that we do require them to grant the City a
public safety access so our police can patrol the area.
Chairman Brian Chaney went on to explain the zonings saying
that R, retail is our highest business zoning it is for non-
abusive uses such as shopping centers. B-1 allows some
outside storage but very limited, B-2 allows outside sales
such as cars and boats, I, industrial is our heaviest use.
Mr. Faires added that in most cities our industrial zoning
would be considered very light.
Mr. Faires explained that in a P. U. D. or Planned Unit
Development the first qualification is that they must have 5
acres or more in order to apply. If, in 'ur ordinances, we
don' t have a zoning classification to meet a developers
needs then they can apply for a P. U. D. and present a
comprehensive plan of what they want to do. In a P. U. D. we
can specify almost any kind of restrict ion on them. The
most common area that we have used this classification in is
the Zero Lot Line Homes. You approve a certain area for a
particular use and they are restricted to what they have
submitted. Their are two routs to take in presenting a
R. U. D. First they submit a concept plan which is like a
preliminary plat. It is approved by the P&Z and the City
Council. Then they present a development plan which is like
a final plat and that is approved by the P&Z and the City
Council. However, if they submit a development plan only,
you will only have one shot to put all of the stipulations
that you want on the development.
Specific Use Permits are used when someone wants to do
something that is not allowed in an existing zoning. If
they apply for a Specific Use Permit and it is approved then
they would be allowed to operate that type of business.
Vice-Chairman Ben Scholz informed the new members that on
occasion the Planning and Zoning Commission would review
ordinances and make recommendations to the Council or
recommend that an ordinance be written to cover a- particular
situation.
Chairman Brian Chaney addressed "Grandfathering" explaining
that if the City annexes a Junk. Yard that is already in
existence, he will have a time limit in which he must come
into compliance with the Junk Yard Ordinance. We can not
tell him that he has to cease operation of his business
because he is "grandfathered. " However, if he ceases
operation for 6 months or more then he will no longer be
considered "grandfathered" and he can not reopen that
business.
Vice-Chairman Ben Scholz said that. when considering zoning,
lock at how the plan fits into the concept of our zoning
map. Cluster shopping centers around major intersections
instead of having something like "Money Making Mile" in
Garland.
Mr. Faires said that Cluster Zoning diversifies uses and
concentrates less than desirable uses away from residential
property. By clustering business zonings at intersections
we feel that they serve a larger section of people.
Chairman Brian Chaney addressed the new members saying that
your time spent or. this board will be a continuous learning
process. A lot of this is cornrncon sense and some of it is
theory. When something new to you comes up at a meeting I
will always try to give you some background as to what has
been done in the past for you to use as a reference.
Mr. Faires said that he has beer. involved with planning and
zoning in some capacity for ten and a half years. Five
years ago I started collecting case histories and zoning
laws and I am still learning. Every time you think you know
everything a developer will come along with something new
and you have to rethink your ideas.
Cecilia Woods stated that everyone or. this board is here
because they care about Wylie and though we may not always
agree we can work together and have the greatest City in
Texas.
Chairman Brian Chaney said that the volunteer time that we
do for the City is important and I would like to encourage
everyone to make as many meetings as possible.
Mr. Faires said " I came to Wylie about four years ago and
it is a wonderful thing to be in on the birth of a City. I
am proud of my contribution to Wylie and I want you to know
that even if you make a decision that I do not agree with I
will support you 100%. "
ITEM NO. 2 - ADJOURN - Cecilia Woods made a motion to
adjourn the July 23, 1987, Called Meeting of the Planning
and Zoning Commission. Bart Peddicord seconded the motion.
Motion carried 7-0.
Chairman Brian Chaney
Respectfully Submitted :
Amanda Maples, Secretary
___
APPLICATION
TO
Ill Board of Adjustment and Appeals (Building) ORDINANCE 83-15
11111 Board of Adjustment afid Appeals (Zoning) ORDINANCE 81-5
go Planning and Zoning Commission ORDINANCE 81-5
NAME W.C. Allen Jr.
ADDRESS P.O. Box 495 Wylie, Texas 75098
•
LOT 1-6,N1/2 7,_8, &9 BLOCK , Railroad
SUBDIVISION
BASIS OF APPLICATION:
1 I Interpretation
1 1
Special exception for use or development
I- Variance
x Rezoning
1 I Exception to Building Code `
EXPLANATION:
Rezone from Multi-Family to PD. for Funeral Home
la
•
SIGNITURE of APPLICANT 7,.i
U
DATE •: May 29,1987
• Must be accompanied by filing feg, of: $ . 1- s� .
!)71 t.-
•
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• y,,v� 8" 7
•
Received:
Date: Jr- a-S
£ 4
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ZONING BOARD OF ADJUSTMENTS
MINUTES
FRIDAY - JULY 17, 1987
COMMUNITY ROOM 7:00 P. M.
800 THOMAS STREET
The Zoning Board of Adjustments met ir, regular session on
Friday, July 17, 1987 in the Community Room at 800 Thomas
Street at 7:00 p. m. A quorum was present and notice of the
meeting had been posted in the time and manner required by
law. Members present were Chairman; Art Harris, Vice
Chairman; Gary Ludwig, N. C. Jefferies, Cleo Adams and
Cecilia Woods. These absent were Paul Gaddy and Robb
Tanella. Representing the City Staff was Code Enforcement
Officer, Roy Faires and Amanda Maples, Secretary.
ITEM NO. 1 - APPROVAL OF THE MINUTES OF MAY 28, 1987 -
Correct ions needed to be made on Page 2, Paragraph 2,
stating that the alley had been abandoned by official action
of the City Council and in Paragraph 3, Mr. Drapier should
be referred to as Brother Drapier.
Cecilia Woods made a motion on to table the approval of the
minutes so that corrections could be made. Vice-Chairman,
Gary Ludwig seconded the motion. Motion on carried 5-0.
ITEM NO. 2 - CONSIDER A REQUEST FOR A VARIANCE FROM THE FIVE
ACRE MINIMUM FOR A PLANNED UNIT DEVELOPMENT IN ORDER TO
APPLY FOR A PLANNED UNIT DEVELOPMENT ON LOTS 1-6 AND THE
NORTH HALF OF LOTS 7-9 OF BLOCK 28 OF THE RAILROAD ADDITION
- Mr. Faires addressed the board stating that the Aliens had
originally applied for a rezoning to B2. The night of their
public hearing before the Planning and Zoning Commission, a
quorum was not present so they were unable to hold a formal
meeting. They were able to discuss this project with some
of the members of the PR•Z and with the staff. We found that
some were opposed to having the B2 zoning in the middle of a
residential area but none were opposed to having the funeral
home there. I informed them that one way to accomplish
their goal and not have the B2 zoning was to apply for a
variance and have a Planned Unit Development. This would
insure that nothing other than a funeral home would be built
on this property and that would protect the City and the
home owners in that area.
The five acre requirement would constitute a hardship on the
Aliens because there is not five acres available. Under
these circumstances I would support this request for a
variance.
Cleo Adams asked how much property there is available and if
they would have to meet all of the parking requirements and
so forth.
Mr. Faires said that they would have to comply with the
parking regulations and everything else as usual.
Chairman Art Harris said that the property amounted to just
over a half an acre.
Mrs. Allen said that downtown has no parking facilities and
it is just not big enough.
Mr. Faires said that moving the funeral home would relieve a
lot of the congestion ior, in the downtown area and it would help
the Police Department. I feel like it would benefit the
whole downtown area to allow them to move the funeral home
to this proposed site.
Mr. Faires presented a floor plan of the proposed funeral
home to the board.
At the present time Mr. Allen is having his plans drawn so
that in the event that he is successful tonight, he will be
able to go before the Planning and Zoning Commission in two
weeks.
Chairman Art Harris stated, for the record, that 18 letters
were sent to property owners within 250 feet of the proposed
site. Four letters were returned in favor of the proposal
and none against.
N. C. Jefferies made a motion to approve this request for a
variance from the five acre minimum in a Planned Unit
Development. Cleo Adams seconded the motion. Motion
carried 5-0.
ITEM NO. 3 - ADJOURN - Vice-Chairman Gary Ludwig made a
motion to adjourn the July 17, 1987 meeting of the Zoning
Board of Adjustments. Chairman Art Harris seconded the
motion. Motion carried 5-0.
Chairman, Art Harris
Respectfully Submitted :
Secretary, Amanda Maples
ij
M E M O R A N D U M
TO: MEMBERS OF THE PLANNING & ZONING COMMISSION
FROM: JAMES JOHNSON, ACTING CITY MANAGER0
DATE: JULY 20, 1987
RE: AMENDMENT TO IMPACT FEE ORDINANCE
During the recently completed regular session of the Texas
Legislature, the Senate and House of Representatives, unanimously
approved S. B. 336. Governor Clements has now signed the bill into
law with its effective date being upon his signature. This bill
(S. B. 366 - Impact Fees) sets forth numerous requirements that now
must be met in the development phase of a city that calculates
impact fees (or capital recovery fees) that it, or any other
political subdivision of Texas may impose.
This bill requires that a land use plan be developed by a
professional engineer and presented at a public hearing before the
Planning and Zoning Commission or a board especially appointed by
the City Council. This land use plan must be approved or modified
by this board or the P&Z Commission not later than thirty (30) days
following the public hearing.
Following the approval of the land use plan, a capital improvements
plan must be developed and presented in a public hearing before the
board or the P&Z Commission for approval or modification.
Following the public hearing of the capital improvements plan
(CIP) , the board or commission must approve the plan within thirty
(30) days. Only then can the political subdivision (the city)
calculate and impose impact fees within the city which are based on
the board/commission approved land use and capital improvement
plans.
It is my belief that the City Council will want the Planning and
Zoning Commission to be the initial development and planning body
of the land use and capital improvements plan. With this in mind,
I am requesting that the present impact fee be amended so that the
impact fund may be used for these purposes (land use and CIP) .
These are only a few of the requirements enumerated in the
approximately thirty (30) page bill. The bill provides for severe
financial penalties for improper development and application of
fees. The bill also requires that all cities and/or other
political subdivisions in the state, that have imposed an existing
impact or capital recovery, bring their existing fee plan/structure
into compliance with S. B. 336 within a three (3) year period.
However, the bill provides for financial penalties for certain
;
//k
violations of the bill after one year. Moreover, the bill requires
that the entire impact fee process and structure ( land use plan,
C. I. P. ) be updated and redone at least every three (3) years. More
importantly, the bill states that the funding to accomplish these
requirements is a legitimate and allowable expense of the impact
fund account. The City of Wylie' s present impact ordinance (84-12)
does not provide for the payment of services required to bring our
entire process into compliance with the new law, S. B. 336.
I believe, additionally, the City of Wylie is in desperate need for
compliance planning effort, as this process did not go far
enough, nor look far enough into the future, in the past. It is
apparent that Wylie' s first wave of rapid growth has come and
gone, however, I believe another round may be on its way soon.
The recently announced relocation of a major industrial
manufacturer (Sanden International, U. S. A. ) , an economical recovery
for the state and area, and low interest rates, among other factors
will lead the way to another growth cycle.
Therefore, I would recommend that ordinance 84-12, Section G be
amended to allow for the payment of impact funds (if available) to
bring the City' s impact fee structure into compliance.
Additionally, if funds permit, then their use for future payment of
the required services to update the fee structure every three years
as mandated in the act.
At the current time, I feel that the impact fee being charged in
Wylie is not adequate enough to provide sufficient developer' s
share of funding for the capital facilities (large sewer collection
mains, water storage tanks, water pump stations, and the wastwater
(sewer) treatment plant, to name major items) that will be required
to provide adequate services. These increased service demands will
be required by the continued development of the City.
Even though I feel the fee is inadequate and said so as early as
December of last year in a water rate study, the City cannot change
the fee unless it is done so by the new state law. By amending
ordinance 84-12, Section G, so as to allow for the development of a
new plan and fee structure through impact fees, we can get started
with the compliance process immediately and hopefully have the
revised fee structure in place before any accelerated development
takes place.
After the action by the Planning and Zoning Commission, the
ordinance amendment will be taken to Council for action. To
accomplish this, I would propose adding "or any other lawful
purpose authorized by state statute or city charter" to Section G,
after thereto.
A copy of the act (S. B. 336) and present impact ordinance is
attached.
cc: Roy Faires, Code Enforcement Officer
I IIIIIIIIIIIIIIIIII
AM ORDINANCE OF THE CITY OF WYLIE, TEXAS,PROVIDING FOR THE
ESTABLISHMENT OF BUILDING CONSTRUCTION, ERECTION, ENLARGEMENT,
AND ALTERATION PERMIT FEES; ELECTRICAL INSTALLATION PERMIT
FEES; PLUMBING INSTALLATION PERMIT FEES; ESTABLISHING DEPOSIT
FOR WATER AND SEWER, AND REFUSE SERVICE; ESTABLISHING WATER
AND SEWER FEES; ESTABLISHING IMPACT FEES; ESTABLISHING SPECIAL
DISTRICT FEES; WATER AND SEWAGE COLLECTION AND TREATMENT
RATES; PROVIDING FOR TURNING OFF AND TURNING ON OF WATER FEES;
ESTABLISHING A METER REMOVAL AND SETTING FEE; ESTABLISHING A
1 CHARGE FOR TRANSFERRING OF ACCOUNTS; PROVIDING FOR A SERVICE
CHARGE FOR RETURNED CHECKS; PROVIDING FOR A 18 PER CENT
PENALTY FOR PAST DUE ACCOUNTS; PROVIDING FOR PRO RATA CHARGES
FOR WATER AND SEWER; PROVIDING CHARGES FOR REFUSE COLLECTION
AND DISPOSAL; PROVIDING FOR PRELIMINARY PLAT FEES, FINAL PLAT
FEES AND INSPECTION FEES FOR SUBDIVISIONS; PEDDLER/SOLICITOR
FEES;PROVIDING A PENALTY CLAUSE; A SEVERABILITY CLAUSE; AND AN
EFFECTIVE DATE.
' WHEREAS, The City Council of the City of Wylie, has determined
a need to have a consolidated fee and charges ordinance for
the City of Wylie, Texas; and
WHEREAS, The City of Wylie does not have such a consolidated
fee and charges ordinance; and,
WHEREAS, the City of Wylie is a rapidly growing community,
said growth including additional residential , commercial and
industrial developments; and,
WHEREAS, the City' s water and sewer distribution and
collection systems must be expanded to support the additional
growth and to meet the standards of the Texas Department of
Health and the State Board of Insurance; and,
WHEREAS, the water and sewer distribution and collection
system requires rehabilitation, emergency repairs and the
construction of new facilities to insure safe and efficient
systems for existing and future residents of the City; now,
ITHEREFORE, Be It Resolved By The City Council of the City of
Wylie, Texas, That:
The following fees and charges are adopted by the City Council
of the City of Wylie, Texas for the City and outside the City
limits where applicable.
1
I. r
r
E. Investigation Fees - Work Without a Permit:
a. Investigation - Whenever any work for which a
permit is required by this ordinance has been
commenced without first obtaining said permit, a
special investigation shall be made before a permit
may be issued for such work.
b. Fee - An investigation fee, in addition to the
permit fee, shall be collected whether or not a
permit is then or subsequently issued. The
investigation fee shall be equal to the amount of
the permit fee required by this ordinance. The
minimum investigation fee shall be the same as the
minimum fee set forth in . Table No. 2-A. The payment
of such investigation fee shall not exempt any
person from compliance with all other provisions of
this code nor from any penalty prescribed by law.
F. SUBDIVISION DEVELOPMENT INSPECTION FEE
A subdivision fee shall be charged each subdivision
for inspection in the amount of one (1) percent of
the City' s estimates of the costs of the public
works utilities and streets of new construction
which are to be dedicated to the City of Wylie.
Such items shall include, but not be limited to,
examples such as, street paving, storm drainage,
water and sewer mains and other items designated for
conveyance to the City after completion of
improvements through the . process of public
dedication. These fees shall be paid prior to the
start of construction.
: a
Whenever any such water meter or sewer tap is installed, in
addition to the above, and foregoing water meter installation
or sewer tap charge, there is also imposed an impact fee for
all future water and sewerage connections to the city water
and sewerage system, in order to defray the impact burden
thereof on said water and sewerage system of producing,
treating, distributing, transmitting or collecting such water
and sewerage, and for maintaining all facilities pertaining
thereto. The impact charge imposed shall be calculated on the
basis of equivalent residential units, as outlined below.
A. Definitions, For the purpose of this section, the
following words shall have the meaning indicated
unless their context clearly requires otherwise.
a. EQUIVALENT RESIDENTIAL UNIT (ERU) : A
determination of the equivalence of a specific
classification of water and/or wastewater connection
11
v2--
average single familyunit in the service
to that ofg
area under consideration. Equivalence is determined
by the ratio of annual average daily flow from the
connection being evaluated to the annual average
daily flow from the single family unit used as the
base. For the purpose of this definition, two
hundred thirty (230) gallons per day per ERU shall
be used for water connections and two hundred twenty
(220) gallons per day per ERU shall be used for
wastewater connections.
B. For the purpose of calculating impact charges, the
following guidelines apply:
a. Each single-family residence served by the City
through a single service and/or master connection
shall be considered an ERU.
b. The number of ERU' s corresponding to a given
commercial , industrial , multifamily, mobile home,
hospital, nursing home or extended care facility or
other establishment, shall be determined on the
basis of anticipated annual average daily flow.
Anticipated flow shall be determined by evaluation
of but not limited to records of water consumptions
and flow records for similar connections in the City
which have been recorded and maintained in due
course of business for no less than one hundred
eighty (180) days. In the event that accurate flow
records or consumption data is not available in
order to establish an ERU, the person, firm or
corporation may stipulate and agree with the city
manager concerning the ERU which should be applied
in reference thereto, then said stipulation shall be
presented to the City Council by the City Manager
for the ratification and approval.
C. For each ERU to be served by the water system there
shall be a water impact fee of two hundred twenty-
five dollars ($225.00) . For each ERU to be served
by the sewerage system, there shall be a sewerage
impact fee of two hundred seventy-five dollars
($275.00) .
D. These impact fees shall be due and payable not later •
than - or at the time of the issuance of a building
permit, water and/or sewer tap requests, or the
request for the provisions for water or sewer
service and the actual connection to the existing
system. These fees may be paid on individual
construction projects or by development or phases of
development. In the case of extraordinary increased
water use or sewer production as determined by a
review of the city' s consumption records, such
12
41
calculations shall be referred to as subsequent
impact fees and shall be due and payable thirty (3e)
days after written notification is received from the
City of Wylie that said fees are due and an
explanation provided to the affected customer.
E. There shall be at least one primary water meter at
each site to measure the flow of water, which is
delivered to such site that is being serviced by the
municipal water system in this city; provided,
however, if additional meters are installed at any
41 such site at the request of the person, firm or
corporation whose water corresponds with such site
and if such additional meters are installed to
measure the flow of water at said site for
irrigational or swimming pool purposes, only one
impact fee, based on the total flow from all meters
shall be charged , but such person, firm or
11 corporation shall be required to pay a separate
water meter charge for each such meter in accordance
with the fee schedule hereinabove set forth.
F. Water meter installation rates and charges as
provided herein shall be reimposed in the event of
the discontinuance of the water account where such
water meter is located and where the water meter has
been removed from the premises. However, an impact
fee shall be imposed once only, at the time of the
initial connection onto the water and sewerage
system of the city, subject to the following
qualifications:
a. An additional water impact fee in the amount of
two hundred and twenty-five dollars ` ($225.00) and an
additional sewerage impact fee in the amount of two
hundred seventy-five dollars ($275.00) shall be
imposed against any commercial, industrial, hotel,
motel, multi-family dwelling complex, mobile home
park, travel trailer or recreational vehicle park,
hospital, nursing home, extended care facility,
professional office facility, clinic or similar
establishment where the same are expanded or
otherwise increased in capacity so that the number
of ERU 's therein are increased beyond the
immediately pre-existing ERU capacity thereof, as
determined by the ERU definition that is set forth
in section 23-6 (b) (1) a above, and in accordance
with the calculation procedure that is stipulated in
section 23-6 (b) (2) b.
b. Such additional fees shall be referred to as
subsequent impact fees, and shall be paid prior to
the issuance of a building permit/sewerage
connection permit for any additions to the size and
I
13
1
capacity of such building (s) , . development, park or
qlcomplex.
c. Subsequent impact fees shall be imposed whether
or not a new or replacement water meter is installed
41 due to such expansion, capacity or addition;
provided, however, in the event that the customer
shall request the replacement of a water meter which
41 shall increase - the size of the meter which measures
the flow of water into any such building (s) ,
development, park or complex, the cost of such
41 additional or replacement water meter shall be in
accordance with the cost schedule that is set forth
in section 23-6 (a) .
41 All funds received from the impact fee for all
future water and sewerage connections, as aforesaid,
and all charges thus imposed, heretofore, shall be
deposited into the "Water and Sewer System Impact
Fund" and shall be expended from that fund only for
the purpose of providing for major improvements,
debt service, expansion, emergency repairs and
extending or constructing new additions or
replacements to the water and sewer system of this
city which are required and needed because of the
impact upon said water wer system due to such
additional connections
H. Any person, firm or corporation that is subject to
the assessment of a water and sewer impact fee may
request that the City consider the award of credits
toward the impact fee for improvements, land or etc.
which the person, firm or corporation dedicates to
the City without charge, for the purposes of
I improving the overall water distribution and
treatment system and/or the sewerage collection and
treatment system.
In such cases, the person, firm or corporation shall
submit for consideration, such proposal in advance
' of the approval for the preliminary plat and such
dedication for credit of impact fees shall have an
agreed upon value which is negotiated by the person,
firm or corporation and the City staff in advance.
Following preliminary agreement between the parties
such proposal will be submitted to the City Council
of the City of Wylie for their approval , amendment
or rejection.
SECTION 4 - SPECIAL DISTRICT FEES
' In addition to all other fees, The City Council may designate
by Ordinance, certain special districts. These districts
shall be formed in order to collect pro-rata fees to off-set
14
M
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE
84-12, SECTION G, BY ADDING THERETO AT THE END OF THE
SECTION THE WORDS: "OR ANY OTHER LAWFUL PURPOSE AUTHORIZED
BY STATE STATUTE OR CITY CHARTER. " PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES
FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS; it is the desire of the City Council to expand the
permitted use of impact fees to include those uses permitted
by S. B. 366, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, that
SECTION 1.
Ordinance 84-12, is hereby amended so that Section G reads
as follows:
G. All funds received from the impact fee for all future
water and sewerage connections, as aforesaid, and all
charges thus imposed, heretofore, shall be deposited into
the "Water and Sewer System Impact Fund" and shall be
expended from that fund only for the purpose of providing
for major improvements, debt service, expansion, emergency
repairs and extending or constructing new additions or
replacements to the water and sewer system of this city
which are required and needed because of the impact upon
said water and sewer system due to such additional
connections or any other lawful purpose authorized by State
Statute or City Charter.
SECTION 2.
That all ordinances of the City in conflict with the
provisions of this ordinance be, and the same are hereby,
repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3.
Should any paragraph, sentence, subdivision, clause, phrase
or section of this ordinance be adjudged or held to be
unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part
or provision thereof other than the part so decided to be
invalid, illegal or unconstitutional and shall not affect
the validity of the remaining portions of this ordinance.
SECTION 4.
Any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to a
fine not to exceed the sum of Two Hundred Dollars ($200. 00)
for each offense, and each day such violation shall continue
to exist shall constitute a separate offense.
/ . /
� �
SECTION 5.
This ordinance shall take effect immediately from and after
its passage and publication of its caption, as the law in
such cases provides.
DULY PASSED by the City Council of the City of Wylie, Texas,
this the day of ______ ___________, 1987.
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
/ ,y
*
05 �t,L.�rT I3t1Gf7 Enrolled
52rVIC2 5.2. No. 336
,c iii'l 7`6
5/2„ 7 1 attributable to such new development. As used in this Act, the
3" F'"` 'ee
rr 2 term "impact fee" includes amortised charges as well a- lump-sun
1 AN ACT 3 charges and includes capital recovery fees, contributions :n aid of
2 relating to financing of capital improvements by political
4 construction. and any other fee which motions as da---•bed in
3 subdivisions.
5 this definition.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OE TEXAS: 6 (B) Impact fees do not includ (i) dedication c' !and for
S SEC:IOCI 1. DEFINITIONS. In this Act: 7 public parks or payment in lieu thereof to serve par< needs;
6 (1) "Capital improvements plan" means a plan required by 8 (ii) dedication of rights-of-way or easements, or constr_ct:on or
• 7 this Act which identifies capital improvements or fac:!:t'; Q dedication of on-site water distribution, wastewater col' on or
8 expansions pursuant to which impact fees may be assessed. 10 drainage facilities, or streets, sidewalks, or curbs when such
c (2) "Capital improvement" means water supply, treatment, and
11 dedications and construction are required by valid ordi-an:es and
' 10 distribution facilities; wastewater collection and treatment
12 are necessitated by and attributable to the new devalsomerit; or
11 facilities; storm water, drainage, and flood control facilities;
13 (iii) Lot or acreage fees to be placed in trust fund= for the
12 whether or not located within the service area, or roa •.:ay purpose of r_:mburaing developers for oversit:ng or c_ne_.-.._ring
facilities, with a life expectancy of three or more years, owned - _
13 __ - or sewer maths or lines; pro•:ided, however, no 1:_..-. .,_-_.-
15
14 and ocarated by or on behalf of a political suc:i.:: ___n,
16 ancl.adsd in the capital improvements plan shall be rer.::_ ,,' to be
,_ (3) Facility expansion" means the a:;t._nai.h tf the capacity
17 c,n_t_ .- red. excemt pursuant to Subd_•:lsron (2) c` Setce=__on (h)
existin facilitywhich serves th sae ..n __ _ti.cn ,s an
13 of an 9 ld of :.:ect:on 2 of this Act, and no owner sl:all be _ _r.dined to
otherwise necessary new capital improvement, in order that the
19 construct or dedicate facilities and pay impact fees for t`e same
J , _-_-
13 existing facility may serve new development. Eac:!- 3::cn=_-
.ac: es.
19 does not include the repair, maintenance, me ern:ration, or
21 (5) "Land use assumptions" includes a descr_pt__n of the
expansion of an existing facility to ba""' serve ^:cist:ng
service area and projections of changes in Land uses, cities,
21 development. 23 inr.iasit:e , and porulaticn therein over at .least a 10-ye_- period.
.2 (4)(A) "Impact fee" means a charge or assessoen: _. -o,-, b.;
24 (6) ":Iew development" means :he subdivision of 1a-.c; or the
order to
a political subdivision against new development in construction, reconstruction, redevelopment, conversion,
focal
generate revenue for funding or recouping ::a coats . : capital
2- .. 26 alterat:_... relocation, or enlar:;ement of an.: structure; _r any use
-= improvements or facility expansions - ---- byand
.
S.B. No. 336
1 S.S. No. 336
or extension of the use of land; any of which increases the nur..eer 1 development, but in no event more than three miles, which service
2 of service units.
2 area shall be served by the roadway facilities designated in the
t
3
(7) "Political subdivision" means a city or town, whether
3 capital improvement plan.
4 operating under general law or under special or home-rule charter,
(10) "Service unit" means a standardized measure of
5 a district or authority created under Article III, Section 52 or 5 consumption, use, generation, or discharge attributable to an
6 Article XVI, Section 59 of the Texas Constitution, or, for the 6 individual - unit of development calculated in accordance wit
7 purposes set forth in Section 10 of this Act, certain counties 7 i h
generally accepted engineering or planning standards for a
8 described in Section 10.
8 particular category of capital improvements or facility expansions.
9 (8) "Roadway facilities" means arterial or collector streets 9 i
SECTION 2. AUTHORISATION OF IMPnCT FEE. (a) Unless
10 or roads which have been designated on an officially adopted 10 otherwise specifically authorized by state law or this Act, no
11 roadway plan of the political subdivision, together
• with all 11 governmental entity or political subdivision shall enact or impose
12 necessary appurtenances, but does not include any roadways or 12 an impact fee. Political subdivisions are authorized to enact or
13 associated improvements designated on the federal or Texas highway 13 impose impact fees on land within their corporate bourcar:es or
14 system.
14 exeene_.r_torial jurisdictions only by complying with this Act,
e,, -- (9) "Service area" means the area within -:e
--- 1- ,— c-p= ' c-pact fees shall not be enacted or imo_ed in the
10 boundaries, or extraterritorial jur__ ::e
diction. as d:f_ c _ __ •
..e 13 e:::_aterr:torial
jurisdiction for roadway facilities. A
1' Municipal Annexation Act (Article 970
Vernon' sVernon' __xas C.-.i t 17 - - •-y may contract to prov_ae capital improvements, except
'-= Statutes) of the ol:
P tical subdivision to be served 5_• the c •tal 1c -
3r- fo. roadway facilities, to an area outside of its corporate
1= improvements or facilities expansions specified in✓
the cap.=a1 19 boundaries and extraterritorial jurisdiction and may charge an
-- improvements plan, except roadway ._a-",-,es. The se-vice area, 20 impact
fee pursuant to the contract, but if an impact fee is
for the purposes of this Act, may include all or part cf the 21 charged therein, the municipality must comply with this Ace.
1sr.i
-- within the political subdivision or
--- "3 _. ==r===o==a1 --
- (5) An impact fee may be imposed only to pay the costs of
jurisdiction, except for roadway facilities. For roadway 23 con =ruc=_ng capital improvements or facility ea ansions,-- facilities, the service area is li^_tad � including
tc ar, ar=a ,;i him =ae 2= ant limited to the construction cchtrac=
corporate boundaries of the political2e. price, surveying and
su. _,bdee ls: n a:;c :lail not 25 engineering fees, land acquisitions ccsts (including land
-- exceed a distance equal to the average trip le.^.c-.. � 2-
from the new o purchases, court awards and costs, attorney's fees, and expert
•
4
•
S.B. No. 336 S.S. No. 336
1 witness fees), and the fees actually paid or contracted to be paid 1 stricter safety, efficiency, environmental, or regulatory
2 to an independent qualified engineen or financial consultant 2 standards;
3 preparing or updating the capital improvements plan who is not an 3 (4) upgrading, updating, expanding, or replacing existing
4 employee of the political subdivision. Notwithstanding any other a capital improvements to provide better service to existing
5 provision of this Act, the Edwards Underground Water District or a 5 development;
6 river authority, which is authorized elsewhere by state law to 6 (5) administrative and operating costs of the political
7 charge fees which function as impact fees as defined in this Act, 7 subdivision, except the Edwards Unde_ground Water District or a
8 may use impact fees to pay a staff engineer who prepares or updates 8 river authority, which is authorized elsewhere by state law to
9 a capital improvements plan under this Act. Projected interest 9 charge fees which function as impact f- es as defined in this Act,
10 charges and other finance costs may be included in determining the 10 may expend impact fees to pay its adm.nistrative and operating
11 amount of impact fees only if the impact fees are used for the 11 costs;
12 payment of principal and interest on bonds, notes, or other 12 (6) principal payments and interest or other finance charges
13 obligations issued by or on behalf of the political subdivision to 13 on bonds or other indebtedness, except as allowed by Subsection (b)
14 finance the capital improvements or facility expansions ideas`' "ed 14 of this section.
15 in the capital improvements plan and are not used to reimburse ::.a;i 1: (d)(1) The political subdivision shall use c.:alified
1_6 funds expended for facilities that are not iden-_=_ed in _ e .5 professionals to prepare the capital improvements plan and to
17 capital improvements plan. • • l' c-1:u ate the impact fee. The capital improvements plan shall
18 (c) Impact fees shall not be adopted or used to pay for any 18 contain specific enumeration of the following items:
19 of the following: 19 (A) a description of the existing capital improvements
2 (1) e. within the service area and the costs to upgrade, update, Improve,
construction, acquisition, or expansion of public
'F
facilities or assets other than capital improvements or facility 21 expand, or replace such improvements to meet existing needs and
=2 expansions identified in the capital ir..prc�emer.`s plan; 22 usage and stricter safety, efficiency, environmental, or regulatory
(2) repair, operation, or maintenance of existing or new 22 standards. which shall be prepared by a qualified professional
24 capital improvements or facility expansions; engineer licensee to perform such professional engineering services
i
2! (3) upgrading, updating, expanding, or repiacin_, exist_: ; 25 in the State of Texas;
26 capital improvements to serve existing development in _par to meet 26 (c) an analysis of the total capacity, the level of current
S.B. •
S.B. No. 336
No. 336
1 usage, and commitments for usage of capacity of the existing 1 described in Paragraph (C) of this subsection by the total number
2 capital improvements, which shall be prepared by a qualified 2 of projected service units described in Paragraph (E) of this
3 professional engineer licensed to perform such professional 3 subsection. If the number of new service units projected over a
4 engineering services in the State of Texas; 4 reasonable period of time is less than the total number of new
5 (C) a description of all or the portions of the capital 5 service units shown bythe
approved land use assumptions at full
6 improvements or facility expansions and their costs necessitated by 6 development of the service area, the maximum impact fee per service
7 unit shall be calculated by dividing the costs of the
7 and attributable to new development in the service area based on
portion of
•
8 the approved land use assumptions, which shall be prepared by a 8 the capital improvements necessitated by and attributable to 9 qualified professional engineer licensed to perform such 9
projected new service units described in Paragraph (F) of this
10 professional engineering services in the State of Texas;
10 subsection by the projected new service units described in that
11 paragraph. The
11 (D) a definitive table establishing the specific level oranalysis re
required by Paragraph (C) of this
12 quantity of use, consumption, generation, or discharge of a service
12 subsection may be prepared on a system-wide basis within the
13 unit for each category of capital improvements or facility 13 service area
`->�jfor each major category of capital improvement or
1= expansions and an equivalency or conversion table establishing . t..e 14 facility ?:'•pension for the designated service area.
-- ratio of a service unit to variousof 1 ,�
types and uses, incl - (e)( ' This subdivision applies only to impact ==e adopted
-- but nc: limited to residential, commercial, and - - � r
(=) ::a total10 ar.� Lanz., Matted prior to the effective date of .ties Act.` � - lard
number of projected service ur.::s attest:---,. _. a::=.. :tax beer. platted in accordance with Chapter231 Acts of the
by and attributable to new development within the service area
13 -1C Legislature, Regular Session, 1927
(Article19 974a, Vernon's
based on the approved land use assumptions and calculated in 19 Texas Civil Statutes), or the subdivision or platting procedures of
-- accard.;nce with generally accepted engineering or � 20 a political pear. 'g - .__:cal subdivision prior to the effective date of this Act, or
criteria; `
21 lane or. which new development occurs or is propcsec without
(F) the projected demand for capital improvements or 22 platting, the political subdivision may assess the impact fees at
-- facility e::fan=ions required by
new service units projected over , a -- any time during the development a V Q
pp_-;al and bu_ d_r.g process and,
-- relso:: d?e period of time, not to exceed 10 -year. 24 exo_�t as provided in Subsection (h) of this section, may
collect
-' (-) The impact fee per service unit shall net - _�exceed the the fees at either the time of recordation
of the sib i:i n pia:
-- amount determined by dividing the costs of the capital improvements r rovements 26 or connection to the political subdivision's water or sewer sy
stem
7
8
5.9._ Mo. 335
1 or at the time the political subdivision issues either the bu:ld:rg S.S. Mc. 336
21 Session, 1927 (Article 974a, Vernon's Texas Civil Statutes), or the
permit or the certificate of occupancy.
2 subdivision or platting procedures of a political subdivision
3 (2) This subdivision applies to impact fees adopted or:pr to 3
4 the effective date of this Act and land platted subs�c;sent to the 4 subsequent to adoption of an impact fee which is adopted after the
effective date of this Act. The political subdivision shall assess
5 effective date of this Act. For new development which is platted 5
the impact fees before or at the time of recordation of a
6 in accordance with Chapter 231, Acts of the ?Otis
Legislature, 6 subdivision plat or otherplat
7 Regular Session, 1927 pursuant to, Chapter 231, Act; of the
(Article 974a, Vernon's -Texas Civil 7
8 40th Legislature, Regular Session, 1927 (Article 974a, Vernon's
Statutes), or the subdivision or platting procedures o: a Deistical 8
the political
Civil Statutes), or the subdivision or platting ordinance or
9 subdivision after the effective date of this Act, t
Political 9 procedures of an
1C subdivision mayassess the impact fees beforethe
political subdivision in the official records of
F or at
time of 10 th= county clerk of the county in which the tract
1= recordation and, except asis located and,
provided in Subsection (h) of this 11 except as provided in Subsection (h) cf this section, may collect
1' section, may collect the fees at either the time of recordation °.
`- '-, the fees at either the time of recordation of the subdi:•is:gin plat
-- the subdivision plat or connection to the � ��+ y
political subdivision's 13 or connection to the political subdivision's water or sewer system
- - water or sewer system or at the time the( political subd: ::c:pn _
or at -'' ' time the �.olit:cal subdivision issues either the
issues either the building permit or the ter`iff ate c_ occupancy. uildirq
`--- permit or the certificate of occupancy.
-- (3) This subdivision applies only to :coact
_ t s aci -' (3) For land on which new development occurs or is proposed
- subse°::ent to the effective date of this Act, -
1'- whici is platted in accordance with Chapter 231, Acts !:� : - w_..:: u' platting, the political subdivision may a__eso the
°` t -�Ct=: 19 impact fee at any time during the development and building process
.1 Legislature, Regular Session, 1927 +
(.a.^title o-
}a _cn•V 1g and may collect the fees at either the time of recordation of the
%- Civil Statutes), or the subdivision or platting _
o_ _ed,._as o` a 20 yyyy '==ion ?lap or connection to the political subdivision's water
2- political subdivision prior to the adoption of an im
pact ict - no 21 or sewer
system or at the time the political subdivision issues
-- impact fee shall be collected on any se_-;ice unit for -
-ch a ,al:d ?-- the building ^er
-- building permit is within `�--• permit or the certificate of occupancy.
issued wi .n n one year subsequent - :he _c�•_ _ . cf =3 ( ) Assessment means a determination of
Z- adoption of the impact fee. the amount of the
24 impactini
effect en the date or occurrence provided :n this
`_ (4) This subdivision applies to fee
accordance i !i Chapter Mc' nd `1 n - ,--_ in IS cis!_-._t__., and :he amount whi lcha
ma: :r.,;:m +:- -: can be
nc 231, s cf the -4_.. Ler.t.:.t.._ per
, .._ ._.._ -� •--- -- tin-t -_ ' .p-. je .e--- ::"'t. I:o scec:f:_ act by the - -
tical
n
1:
S.B..5. No. 336
1 subdivision is required. No. 336
1 development may construct or finance the capital improvements or
(f) After assessment of the impact fees attributable to the
3 nee/ development or execution of an agreement for payment of impact 2 facility expansions and agrees that the costs incurred or funds
2
43 ad•.:anced will be credited against the impact fees otherwise due
fees, no additional impact fees or increases thereof shall be 4 from the new development or agrees to reimburse the owner for such
5 assessed against such tract for any reason, unless the number of 5 costs from impact fees paid from other new developments which will
6 service units to be developed on such tract increases- In the
6 use such capital improvements or facility expansions, which fees
7 event of the increase in the number of service units, the impact 7
shall be collected and reimbursed to the owner at the time the
8 fees to be imposed shall be limited to the amount attributable to
8 other new development records its plat; or 9 the additional service units.
9 (3) an owner voluntarily requests the of d
10 (g) A political subdivision is authorized to enter political subdivision
into an 10 to reserve capacity to serve future development, and the political
11 subdivision and owner enter into a valid written agreement.
11 agreement with the owner of a tract of land for which t_ plat has
'i.. la
12 been recorded providing for the time and method of payment of the
1' (i) Any new development for which an impact fee has been
12 impact fees.
13 paid shall be entitled to the permanent use and benefit of the
1= (h) Except for roadway facilities, 14 , se:-vices for which the fee was exacted ant shall be en=:=led to
_- assessed, but shall not v • , a
be collected, in are :n_r- - ,-,,
szr:•:c_s ar_ .- --'-_ _ adiate service from any existing zacilizies wizn actual
for
-- r.ct c rre.^.tl_ available unless:
'O Cara-it to serve the new service units,
•
sub;ect to c=mp!iance with
(1) collection is made to pay - t
a capita: -. other valid regulations.
-- facility expansion which vl
has been idant_fia�+ the capitar
to (j) Political subdivisions are authorized to expend funds
-• improvements plan and the politicalaa:asic^ cc
sub� __ 19 from any other lawful source to pay for all or a portion of the
-
-- two fears, commence construction, • _-
pur=ua:it to dui: awarded and capital improvements or facility expansions to reduce the amount of
executed contracts or commitments of staff
time covering21 impact
fees.
CO sunstantial'_y all of the work required to prow: 3^
E= == , an: - (k) Political subdivisions and other governmental
to service available entities
within a reasonable
F= =- of -' are authorized to Day impact fees posed pursuaaz to this
-= cc^=:daring the type �_...= imposed -- -._.,. of capital improvement or fac__ - -
-_ (1) Any construction of,
- =� contributions to, or dedications
-- tc be cot:st__:tag, but - - .. _ __cr.s of
in no event longer than. fi:•e :aa - =-` off-site roadway facilities agreed to or required by a political
-- (=) the -olitical subdivision agrees that he 'o -`t.._ a•,;nor o= a ne.a subdivision as a condition of development ap
proval FFroval shall be
-
12
S.B. No. 336
S.S. No. 336
1 credited against roadway facilities impact fees otherwise due from 1 political subdivision requesting notice of such hearing within two
2 such development. 2 years preceding the date of adop
tion of the reso__t:on or order
3 % SECTION 3. PROCEDURES FOR ADOPTION OF Ii•MPACT FEE. 3
(a) setting the public hearing.
4 Except as otherwise provided in this Act, an as impact fee
. (2) The political subdivision shall publish notice of the
5 authorized by Section 2 of this Act shall be levied by a political 5 hearing once a week for three consecu
tive weeks, the first notice
6 subdivision only upon complying with the provisions set forth in 6 to appear at least 30, but not more than 60 days before the date
7 this section. 7 set for the hearing, in one or more newspapers with general
8 (b) A political subdivision intending to impose an impact 8 circulation in each county in which the political subdivision lies.
9
fee shall adopt an order, ordinance, or resolution establishing a 9 However, a river authority which is authorized elsewhere by state
10 public hearing date to consider land use assumptions within the 10 law to charge fees which function as impact fees as defined in this
11 designated service area that will be used to develop the capital 11 Act may publish the required newspaper notice only :n each county
12 improvements plan. 12 in which the service area lies. The notice c_ public hearing
13 (c) Not later than the day of' adoption of such order, the 13 shall not be in thepart of thelegal
paper in which notices and
14 governing body of the political subdivisicr. shall appoint an 14 classified ads appear and shall not be smaller than ore-quarter
11 advisory committee in accordance with Section �c,e of a spa d 7 of this ' 15 ? and-size or tabloid-size newspaper• and the headline
t, 15 (d) On or beforethe _
date of the + -<` publication ci the to on the
notice must be in 13-point o: ia_ - __ _, _.
1 notice, the political subdivision shall make availcble to the 1' notice shall following:
(- ) The r.cti__ s a__ centai:. the
15 public its land use assumptions, the time period of the 13 (A) a headline to read as follows:
19 projections, and a description of the general nature of the capital19
C10'':CE OF PUBLIC HEARING ON LAND Uc"I nS.ii.:i:''^;:S
2: improvement facilities which may be proposed.
L0 RELATING TO POSSIBLE :iC._TIC:. OF INFACT FEES"
(e) The political subdivision shall provide public notice of 21 (5) the time, date, and location of the hen=:no;
the hearing.
(C) a statement that thepurpcse of the hearing is to
-- (:) At least30 days before the hearing 1
- `.._ political_.cal ' ccr.s:..e_ the land use assumpt:ci:= that will be used to develop a
subdivision shall send a notice of the hearing by certified mail o 24 capital improve-eats plan pursuant to which Sr. --,pace fee may be
-- any person who has given writen notice by certified _. _ _7irt -_e.: 25 imposed:
-- mail t:, the city sec:etary o; other des_ .aped_ o"'-'.11 of -;;., 26 (DI an ea.iily ur.c__z_a..da:.__ map of the se.-•ice area to
12
S.B. No. 336
S.B. No. 336
1 notice, the capital improvements plan shall be available to the
1 which the land use assumptions apply; and
-' (E) a statement that any member of the public has the right 2 public.
shall provide public notice of
3 to appear at the hearing and present evidence for or against the 3 (1) The political subdivision
P
1 land use assumptions, 4
the hearing.
•
5 (f) After the public hearing, the political subdivision5
(1) At least 30 days before the hearing, the political
o shall determine whether to adopt or reject an ordinance, order, or o subdivision shall send a notice of the hearing by certified mail to
7 resolution approving the land use assumptions. 7
any person who has given written notice by certified or registered
8 (g) The political subdivision shall have 30 days from the •
8 mail to the city secretary or other designated official of the
9 date of the public hearing within which to approve or disapprove 9 political subdivision requesting notice of such hearing within two
10 such land use assumptions.
10 years preceding the date of adoption of the resolution or order
11 (h) An ordinance, order, or resolution approving land use
11 setting the public hearing.
1- assumptions shall not be adopted as an emergency measure-
1- (2) The political subdivision shall publish notice of the
13 (i) If the governing body adopts an ordinance, order, o: 13 hearing once a week for three consecutive weeks, the firs:
14 resolution approving notice
Pp .g the land use assumptions, 1
the political
to appear at least 30, but not more than 60 days before
subdi-:ision shall the date
provide for a capital improvement_ p__n _c Ce -5 set for c e hearing, in one or more newspapers with n
-- developed by qualified professionals using r 1 9. `' general
g �''ne: ac =^ -3 "''.tior. in each count: in which
engineering and planningthe
political sub vision lies.
practices in accor_ir.:e wit ;u'',,,' .Jz :Jwer, a r:•:er authority which is authorized elsewhere by state
-= (d) of Section 2 of this Act. 13 law to charge fees which function as imp
act fees as defined in this
(1) Upon completion of the capital improvements plan, t`:_ ,o
Act may publish the required newspaper notice only in each county
-- governing body shall adopt an order or resole- Jn setting 3 p :0 ::1iaci: the service area lies. The notice of public hearing shall
-- hearing to discuss the adoption of the plan and imposition ory 21 not be in the part of the paper in which legal
-- impact fee. notices and
-- classified ads appear and shall not be smaller than one-quarter
CO A public hearing must be held by :he cc•:ernin. Oo • 22 p:..,_ :f a standard-size or tabloid-size newspaper, and
r the headline
the political subdivision to discuss the pro used ordinance, _ .
order,
24 cn the notice must be in 15-point or larger type.
-- or resc:uticn adopting a capital improvementa
plan and inposin3 an 25 (3) The notice shall contain the
following:
-= impact fee. On or before the date of the t-•
first publication of the 26 (A) a 'headline to read as follows:
o= ows:
16
S.F. No. 336 S.S. No. 336
1 "NOTICE OF PUSLIC HEARING ON 1 for which the fee was adopted. Interest earned on impact fees
2 ADOPTION OF II•IPACT FEES"
3 2 shall be considered funds of the account on which :t is earned and
(B) the time, date, and location of the hearing; 3 shall «r be subject to all restrictions placed on use of impact fees
4 (C) a statement that the purpose of the hearing is to 4 under the provisions of this Act. Expenditures of impact fee funds
5 consider the adoption of an impact fee;
5 shall be made only for the purposes for which the impact fee was
6 (D) an easily understandable map of the service area on 6 imposed as shown by the capital improvements plan and as authorized
7 which the proposed fee will be levied;
7 by this Act.-- The records of the accounts into which impact fees
8 (E) the amount of the proposed impact fee per
service unit; 8 are deposited shall be open for public inspection and copying
9 and
9 during ordinary business hours.
10 (F) a statement that any member of the public has the right 10
(b) The governing body shall be responsible for supervising
11 to appear at the hearing and present evidence for or aga'nst the 11 implementation of the capital improvements plan in a timely manner.
12 plan and proposed fee.
12 SECTION 5. REFUNrS. (a) Upon the request of an owner of
13 (m) The advisory committee shall file its wr «_
-- n comments 13 the property on which an impact fee has been paid, the political
14 on the proposed capital improvements plan and _-,pact s notto 14 su"di:-_zion shall refund the impact fees if existing fa-• ' '-.es are
'-`- than fire business days prior to the public'"hear';1g,
15 av-a, '.1ble and service is denied or the polit ca: subdivision has,
10 (n) The political subdivision shall a ••e--r. or d,_sapprc.;e lc after col'_e_t_ng the fee when service was not av:.._able, failed to
- the adoption of the capital improvements plan and ir,.co := _
--•. an :7 c_c-e..__ c:::ct_uction within tweyears or service is• not available
-= impact fee within 3C days after the public hearing,
18 within a reasonable period of time cons dering the type of capital
-- (o) An ordinance, order, or resolution appro•;_no the ,-JpitJl 19 1n ro'•ement or facility expansion t. be ccnct_ cted, tut in no
improvements plan and imposition of an impact '-
s"2-` :-t "e 20 'nt '_,ter than five fears from the date of payment pursuant to
adopted as an emergency measure.
21 the pro•;ici:ns of Subdivision (1) of Subsection (h) of Section 2 of
-- SECTION 4. UZE OF PROCEEDS.
(a) The order. rr- - 22 this ,
21
resolution levyin:, an impact fee shall ro•i4. - _
a-- •-••-J 23 (t•1 ':con completion of the capital improvements or facility
-, collected through the adoption offee- an impact snail be de _ _ , e::panc:or.c :dentiiied _-. the co_pital improvements plan, the
-= in interest-bearing accounts c' � - _ ^
_early :der.ti_ ,1 •- __ - col:ticnl _,:tdiv:sicn shall recalculate the impact fee us_n. the
_ capital improvements or facility _.._ c-._ - .. =- the
_:pansions within t` - cost, of the capital- - - • .� ,..?:1 3� ac_:ol - tat improvements o: facility a: canes:or ;f
1'3
•
S.B. No. 336
1 the impact fee calculated based on actual cost is less than the (b) S.B. No. 336
21 The political subdivision shall review and evaluate its
impact fee paid, the political subdivision shall refund the 2 current land use assumptions and shall cause an update of the
r
3 difference if the difference exceeds the impact fee paid by more
3 capital improvements plan to be prepared in accordance with Section
- than 10 percent. -.
4 2 of this Act.
5 (c) The political subdivision shall refund any impact fee or
5 (c) The governing body of the
6 portion thereof ' which is not expended as authorized by this Act political subdivision shall,
_ 6 within 60 days of receiving the update of the land use assumptions
h
• within 10 years from date of payment. 7 and the capital improvementsplan, adopt an order settinga
P P public
3 (d) Any refund shall bear interest calculated from the date
8 hearing to discuss and to review the update and shall determine
9 of collection to the date of refund at the statutory rate as set
9 whether to amend the plan.
10 forth in Article 1.03, Title 79, Revised Statutes (article
10 (d) A public hearing must be held bythe
1: 5069-1.03, Vernon's Texas Civil Statutes), governing body of
or its successor 11 the political subdivision to discuss the
12 statute. proposed ordinance, order,
-= 12 or resolution amending land use assumptions, the capital
(a) All refunds shall be made to the record owner of the
13 improvements plan, or the impact fee. On or before the dace of the
property at the time the refund ispaid; _
provided, however, if Lh•: 1Y public
ation cation of the notice, the land use assumptions and
- impact lees were paid by P yu ::_' J _ the
another political _ improvements plan, including
or 15 c=•-_ _- the amount c'
any proposed
- gc%err-ental entity, payment shall be made -
to cut: x__t c;! '-3 amended impact fee
per service unit, shall be :•ai'_ab_e to the
subdivision or governmental entity;
-= (f) The owner of the property on which an impact fee :;s 13
-' (e) The political subdivision shall provide public nctice of
•
been paid or another political subdivision or governmental_ ^.tit; 19 t hearing.
which paid the impact fee shall
have standin^, to sue for a rat::nd 20
_• (-) Az reast 30 days before the hearing, the political'
uncle. the provisions p ltical
P- ions of this section. '- =ucZ.vision shall send a notic
e of the hearing by ce
rtified ied mail to
-_ SECTION 6. FL .f: UPDATE. (a) A political � 22
.-p__ , _a_snany person who has given written notice by certified or registered
-- impcs_r.g an impact fee shall update
the land use a :u:.t _c..a and
__ ma_: to the c secretary or i
city other designated official of the
- • capital lmprc:•e^:ents plan at least e:•er! three _ 24 _
•' ee yea: Fc__:ical subdivision re.uest:
-- ti:_ec-year period shall cor•-ence �� notice of such hearing within twofrom the.e daze of the ad-7 •, of 25 years preceding the date of adoption of resol;._ion Cr-= the c_tital improvements plat:. the order
26 setting the public hearing.
S.S. No. 336
S.E. No. 336
1 (2) The political subdivision shall publish notice of the 1 (f) The advisory committee shall file its written comments
2 hearing once a week for three consecutive weeks, the first notice 2 on the proposed amendments to the land use assumptions, capital
3 improvements plan, and impact fee not less than five business days
3 to appear at least 30, but not more than 60 days before the date
4 set for the hearing, in one or more newspapers with general 4 prior to the public hearing.
5 circulation in each countyin which theS (g) The political subdivision shall approve or disapprove
political subdivision lies.
6 However, a river authority which is authorized elsewhere by state 6 the amendment of the land use assumptions and the capital
7 law to charge fees which function as impact fees as defined in this 7 improvements plan and modification of an :. pact fee within 30 days
8 Act may publish the required newspaper 8 after the public hearing.
notice only in each county
9 in which the service area lies. The notice of public hearing shall9 (h) An ordinance, order, or resolution approving the
10 not be in thepart of the 10 amendment to the land use assumptions, the capital improvements
paper in which legal notices and
11 plan, and imposition of an impact fee shall nez be adopted as an
1: classified ads appear and shall not be smaller than one-quarter
''-2 page of a standard-size or tabloid-size news aper, and the 12 emergency measure.
P headline
12 on the notice must be in 18-point or larger type. 13 SECTION 7. ADVISORY COMMITTEE. (a) A capital improvements
14 �; 14 ad•:isory committee, composed of not less than f- . _ member:, shall
(3) T. e notice shall contain the following:
•
(A) a headline to read as follow-: be :prorated by a majority vote of the co.ern:nl b"_: of the
-� "NOTICE OF PUBLIC HEARING ON
pclit=car sur.aivia-:n. Not less than43 pe==_..r the re :torah:?
of ad•.__or, _omm:_:__ shall be _ .._ . za__:eo of the real AMENDMENT OF IMPACT FE23 -
(3) the time, date, and location of the hearing; 13 estat^_, development, or building industries no are not employees
19 or officials of a political subdivision or-= (C) a statement that the purpose of the hearing is togovernmental entity. If20 the - -=cal subd: •ision has a planning and zoning commission, the
consider the amendment of land use assumptions and a capital
improvements plan and the imposition of an impact fee; 21
cemmtssson may act as the advisory committee, provided that the
(D) an easily understandable description _n map of t„_ �- ce-mi:zien includes at least one represt-ntat:•:e of the real estate,
service area a which the update is being crepare9; -rod -- develcrne • er building industry who is net an employee or
(c) a statement that any member of the public .:as the :_-__ 24 o:`. al of a political subd:._:_=., or gov•e:.__..�al entity. If no
present eviderc•s f: .._ =roar _ _.. . 2- such - - --entati•. _ is a mender of the planning and zoning
-` to appear at the hearing and
-_ update. -- C:-n1.:5ic::, trio :inn-sstcn ma; still act a: the advisory committee
S.!. No. 336
S.S. No. 336
1 if at least one such representative is appointed by the p i of _ical 1 its duties.
2 subdivision as an ad hoc voting member of the planning and toning -' SECTION 8. GENERAL PROVISIONS. (a) If the governing body
r
3 commission when it acts as the advisory committee. If the impact 3 of the political subdivision does not perform a duty impose'. under
4 fee is to be applied within the extraterritorial 4 this Act within the prescribed time period, a person who has paid
Jurisdiction of
5 an impact fee or an owner of land upon which an impact fee has been
5 the political subdivision, said membership shall include a
6 representative from such area. -
6 paid shall have the right to present a written request to the
7
(b) The advisory committee shall serve in an advisory 7 governing body of the political subdivision stating the nature of
8 the unperformed duty and requesting that it be performed within 60
2 capacity and is established to perform the following functions:
9
(1) to advise and assist the political subdlvis•cn in 9 days of the request. If the governing body of the political
10 adopting land use assumptions; 10 subdivision finds that the duty is required under this Act and is
11 late in being performed, it shall cause the duty to commence within
11 (2) to review the capital improvements plan and file wr_tte
12 comments; 12 60 days of the request and continue until completicn.
1' (b) A record must be made of any public hearing provided for
12 (3) to monitor and evaluate implementation of the capital
r 1: improvements plan; 14 in tiro Act. Such record shall be maintained and to made available
- (4) to isle semiannual retorts with respect to = == piol=c inspection by the political subdivision for at :east 10
-- of the capita_ improvements p:a•i 'and to report to the co__ = ' ye_.__ �_te t` e hearing.
,- suad17__1Cn any -- In _m..C_ef7: •
1-•
perceived inequities > ,:t. (c) Any state or local restrictions that appl•, to the
or
to imposing the impact fee; and 13 i _os_t_•cn of an impact fee in a political sc _.ision where an
(5) to advise the political suhd.:_z_cn of 1' iCLa_t tee is proposed will be cumulative with the restrictions in
-- update or revise the land use assumptions, capita' - 2� __.__ act.
plan, and impact fee. 21 (d) An impact fee which is in place .on the effective date of
-- (c) The pcl_tical surd_•,_ ,31Cn shall Ct _2 this Act must, within three years of said effective date, be
=rid '...d __��
-_ advisor: committee any professional n _ '-' ___:acrid by an impact fee madepursuant to
report, 1t.• == =2= to this Act; provided,
develc _ng and implementing the tal _npr•c.'enen:s _ ):-.re.er, any political subdivision having an i pcc_ fee which has
-- (a) The governing body cf the ol�• t_ �- n jean replaced pursuant to this Act within cne year of the
P al sut _._s.ca ^all
__ adept procedural ruses for the co--+•tree to follow in carrying out
2c effective date of this Act shall be liable to any party who, after
•
22 24
1 the one-year S.B. No. 336 S.E. No. 336
Y period, pays an impact fee which exceeds1 the public notice requirements were
2 permitted the maximum
not complied with if
under Subsectioncompliance
(d) of Section 2 of this2 was substantial and in good faith.
3 than ip p Act by more
percent for an amount equal to two
times the differe 3 SECTION! 10. STORM WATER, DRAINAGE, AND FLCCD according
4 between the maximum impact fee allowed fen (a)
and the 4 Any county with a population of at least 2.
actual impact fee ordersn, acc:wi to
5 imposed, plus reasonable attorney's fees and court
5 the most recent federal census, or which borders a county with a
6 costs.
(e) This Act shall not be construed to prohibit a:fe--_ 6 Peculation of at least 2.2 million, and any district or
regulate any tax, fee, o - at„ority
charge, or assessment which is s . 7 created under Article XVI, Section 59, of the Texas Constitution
7 authorized byPci-ically
state law. 8 within any such countythat is authorized to
ovide
storm water,
(f) No moratorium shall be placed on new develccaent for the 9 drainage, and flood control facilities, is authorized t= impose
10 impact fees to provide storm water, drainage, and flood control
1C purpose of awaiting the completion of• all or
11 any Part of the
process necessary to develop, adopt, or update the impact fee. 11 impro•:ements necessary to accommodate new development.
1- SECTION 9. APPEALS. A l`
person who has exhausted all (b) The imposition of impact fees authorize
1 administrative d by Sz�_ection
remedies within the political subdi-• 23
1
i�ior. and (a) of this section is exempt from the requirements
== aggrieved bya finalwho is of Section 5,
decision is entitled to trial 14 Section 6, and Subsection
this15 Act. A suit to de no;° rd.�• (d) of Section 8 of this
1- days
contest animpact - tea. A== ur-'ss the
mug` } � nc'_' subdivision proposes da;•s within • cn P s to increase the '•c_
AI
from the dateof
adoptionthe :� .
l resolution of o='in ' ^r (c1 Any poli-:cal subdivision d= C _
cn establishing ^_ sc - to (a) of
the impact fee .on is gut:_=.
IS Except :c_ rcac;ay • " se- ized to pledge or otherwise
facilities, a person who has paid an impact C°f:r:n wally
f-- or : obli^ate all or par: of the impact fees to the payment of
19 an owner of principal
property on which an impact -
p ct fee. has been 'O and interest on bonds, notes, or other obligations
` paid shall be .l -
20 specific " er,t_ e_ to issued or
-c performance of the services by _
2I the Political subdivision `0 ayne-^a by or on erg behalf of such political subdivision
for which thepaid. sign and to the
fee•
was Nothing21
in this section shalt re_,;fir cabman: of any other contractual obligations.
construction. of a specific fact ,
facility to prc:•ide sec!, ser••ic>s. '- (d) An impact fee adopted
Any by a political subi_eision
suit must be filed in the count in which the major :_ per;.i, to S •b
�= land area of li .c.. -On the .. ct_en (a) of this section shall
.. - not be rem--ed if
the political subdivision _ i
litigant locate-4. _ cc_. e_ , politicalsubdivisionhas a
i�io.^.
shall be entitled pledged or c-..e
tc r_ :"rise
NCO re350::dJl? a--, ZS contractually obligated all - the�.. and court costs. An impact df gl:al' .net•'£ fees or pa: _ �: impact fees t3 the r
no: neld n• _ 3 payment of _. -d
��- - b�-s� principal a,. _..--- -_ _ on bonds. notes, -_ othe
r
S.B. No. 336
1 obligations issued by or on behalf of such S.B. No. 336
political subdivision 1 days in each house be suspended, and this rule is hereby suspended,
2 and (2) the political subdivision agrees in such pledge or contract
3 not Ito reduce such impact fees during the term of such bonds, 3 and thatge, atnd
Act takeso nefcect and be in force from and after its
4 notes, or other contractual obligations. 3 Passage, and it is so enacted.
5 SECTION 11. EXEMPT TRANSACTIONS.
(a) This Act does not
6 apply to impact fees, charges, fees, assessments, or contributions
7 paid by or charged to a district created under Article XVI, Section
8 59, of the Texas Constitution to another district created under
•
9 Article XVI, Section 59, of the Texas Constitution if both
10 districts are required by law to obtain approval of their bonds by
11 the Texas Water Commission.
12 (b) This Act does not apply to impact fees, charges, fees,
•
•
13 assessments, cr contributions charged which are approved by the
14 Texas Water Commission. Any district created pursuant to Article
•
15 ::':I, Section 59, or Article III, Section 52, c= the Texas
16 Constitution, may petition the Texas Wate
r Commiss,cn for approJal
of any such proposed fees. The commission shall adept rules for
la reviewing any such petition and may charge the petitioner fees
=° which are adequate to cover the cost of processing and considering
2C the petition. The rules shall require notice substantially the
same as that required herein for the adoption of impact fees and
== shall afford opportunity for all affected parties to participate.
23 SECTICN 12. The importance of this legislation and the
-4 crtwded condition of the calendars in both hous +
es create an
-- e'erger.^.. and an imperative public necessity
that the
-- constitutional rule requiring bills to be read on three several
7
^c
S.B. No. 336
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 336 passed the Senate on
April 22, 1987, by a viva-voce vote; and that the Senate concurred
in House amendments on May 25, 1987, by the following vote:
Yeas 29, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 336 passed the House, with
amendments, on May 22, 1987, by the following vote: Yeas 140,
Nays 0, one present not voting.
Chic -- ......_!?
•
Approved:
Date
•
Go•:ernor
MEMORANDUM
DATE: .Jl,( Za1 /9 7
TO: James S6Finson, Interim City Manager
FROM: Ron Homeyer, Asst. City Engineer
SUBJECT: Plat and/or Plans Approval
W6 CAD L4 f E. V/ L4-67E
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
O Preliminary Flat to Planning and Zoning
OPreliminary Flat to City Council
@'Final Flat to Planning and Zoning_
0 Final Flat to City Council
��Jonstruction Plans to City Council for
construction approval only
OFinal Plat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS:
RH/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
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MEMORANDUM
DATE: J L/L ,( 3 /
TO: James Johnson, Interim City Manager ,
FROM: Ron Homeyer, Asst. City Engineer
SUBJECT: Plat and/or Plans Approval
bt:''i;)TL;4 -F 1tL %fik<
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
Preliminary Flat to Planning and Zoning
❑ Preliminary Flat to City Council
❑ Final Flat to Planning and Zoning
❑ Final Flat to City Council
❑ Construc:tion Flans to City Council for
construction approval only
❑ Final Plat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS:
RH/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
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