Loading...
HomeMy WebLinkAboutP.O. NO. 7455 PROPOSED AMENDMENT TO THE PLANNING AND ZONING ADMINISTRATIVE FEE SCHEDULE. SIN U or! r!It t!r www.PortArthurTx.gov DEPARTMENT OF DEVELOPMENT SERVICES DIVISION OF PLANNING AND ZONING INTEROFFICE MEMORANDUM Date: September 28, 2026 To: Honorable Mayor and City Councilmembers Through: Ronald "Ron" Burton, CPM, City Manager From: Pamela D. Langford, CPM, Assistant City Manager— Operations/ Director of Development Services RE: P.O. NO. 7455 - Proposed Amendment to the Planning and Zoning Administrative Fee Schedule Purpose: The City Council of the City of Port Arthur is being asked to consider and approve P.O. No. 7455, developing the City of Port Arthur's Planning and Zoning Administrative Fee Schedule. The proposed revisions are intended to more accurately recover the City's administrative costs associated with development review services while remaining competitive with comparable Texas municipalities. Background: The current Planning and Zoning fee schedule has remained largely unchanged for several years. During that time, the Department of Development Services has experienced significant increases in application complexity, regulatory requirements, public notification obligations, staff coordination, and customer service expectations. Most Planning and Zoning applications require review by multiple City departments, including Planning, Building Inspections, Engineering, Public Works, Utilities, Fire Prevention, and the City Attorney's Office. Many applications also require: • Detailed zoning and property research; • Preparation of staff reports and recommendations; • Geographic Information System (GIS) mapping; • Public hearing notices; • Newspaper publication; "Remember, we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 • Certified mailings to surrounding property owners; • Planning and Zoning Commission review; • City Council consideration; and • Preparation of ordinances, resolutions, and legal documents. A comparison of municipal fee schedules from similarly situated Texas municipalities indicates that Port Arthur's current fees are significantly below regional averages and recover only a small portion of the City's actual administrative costs. Comparative Analysis: Development Services staff completed a comparative review of Planning and Zoning fee schedules from comparable Texas municipalities, including Beaumont, Baytown, Galveston, DeSoto, Missouri City, Pearland, League City, and other communities with similar planning functions. The review found that: • Port Arthur's current $125 application fee for most zoning and plat applications is substantially below that of comparable municipalities. • Several comparable cities charge between $300 and $500 for standard zoning applications. • Larger municipalities routinely charge between $1 ,000 and $3,000 for zoning amendments and site plan reviews. • Current Port Arthur fees recover only a fraction of the time necessary to process development applications. Although the proposed fees do not fully recover actual administrative costs, they represent a reasonable balance between cost recovery and maintaining an applicant- friendly development environment. Final Impact: The proposed fee schedule is not intended to generate additional revenue beyond recovering a greater share of administrative expenses associated with development review. Additional revenues generated through the revised fee schedule will offset personnel costs, public notification expenses, software licensing, document preparation, GIS services, legal review, and other administrative functions associated with processing Planning and Zoning applications. The proposed fee schedule will reduce the General Fund subsidy currently provided for private development applications. "Remember. «e are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 Proposed Planning and Zoning Administrative Fee Schedule: Application Type Current Fee Proposed Fee Increase Zoning Amendment $125 $500 +$375 Variance / Board of Adjustment $125 $350 +$225 Preliminary Plat N/A $500 New Fee Final Plat $125 $300 +$175 Minor Plat $125 $250 +$125 Amended Plat $125 $250 +$125 Vacated Plat $125 $300 +$175 Replat $125 $400 +$275 Minor Site Plan Review N/A $500 New Fee Major Site Plan Review N/A $1 ,000 New Fee Right-of-Way / Alley / Easement Abandonment $200 $500 +$300 Basic Zoning Verification Letter N/A $50 New Fee Detailed Zoning Compliance Letter N/A $100 New Fee Excavation $250 $500 +$250 Additional Recommendation: Development Services also recommends that the adopted fee schedule authorizes the City to recover actual third-party costs incurred during application processing. These costs should be assessed in addition to the administrative application fee and may include: • Certified mailings • Newspaper publication • Recording fees • Survey review • Appraisals • Consultant review • Engineering review • Legal advertisements • Other direct costs incurred by the City This approach is consistent with many Texas municipalities and ensures that taxpayers are not subsidizing private development projects. Benefits of the Proposed Fee Schedule: Adoption of the proposed fee schedule will: • Better align Planning and Zoning fees with comparable Texas municipalities. • Improve recovery of administrative costs associated with development review. • Reduce the General Fund subsidy for private development applications. "Remember. we are here to serve the Citizens of Port Arthur" P.O. Box 1089 X Port Arthur.Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 • Establish new fees for services that currently have no dedicated cost recovery. • Support continued investment in electronic permitting, GIS technology, digital plan review, and improved customer service. • Promote long-term financial sustainability within the Department of Development Services. Recommendation: It is recommended that the City Council approve Proposed Ordinance No. 7455, developing a comprehensive Planning and Zoning Administrative Fee Schedule. The proposed amendments reflect current industry practices, are supported by a comparison of peer municipalities throughout Texas and will improve the City's ability to recover a reasonable portion of the administrative costs associated with processing development applications while continuing to encourage responsible growth and investment within the City of Port Arthur. "Remember. we are here to serve the Citizens of Port :krthur" P.O. Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O. 7455 RPC 09/28/2026 RPC/PDL ORDINANCE NO. AN ORDINANCE AMENDING THE CITY OF PORT ARTHUR, TEXAS, CODE OF ORDINANCES, CHAPTER 94, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, ARTICLE VI, SECTION 94-381, ABANDONING AND VACATING CITY STREETS, ALLEYS OR EASEMENTS; ADMINISTRATIVE CHARGES ASSESSED; AND AMENDING SECTION 94-453, APPLICATION; FEE, EXCAVATION; AMENDING CHAPTER 98, SUBDIVISIONS, SECTION 98-94, APPLICATION FOR VARIANCE; AMENDING APPENDIX A - ZONING, SECTION 1.10, FEES; ADOPTING A COMPREHENSIVE PLANNING AND ZONING ADMINISTRATIVE FEE SCHEDULE; AUTHORIZING RECOVERY OF ACTUAL THIRD-PARTY COSTS INCURRED BY THE CITY; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Port Arthur, Texas (the "City") is a home-rule municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, the current Planning and Zoning administrative fees have remained largely unchanged for several years, while application complexity, regulatory requirements, public notification obligations, interdepartmental coordination, and customer service expectations have increased; and WHEREAS, Development Services staff reviewed Planning and Zoning fee schedules from comparable Texas municipalities, including Beaumont, Baytown, Galveston, DeSoto, Missouri City, Pearland, and League City, and determined that revisions are appropriate to recover a greater share of the City's administrative costs while maintaining an applicant-friendly development environment; and WHEREAS, the proposed fees are intended to offset personnel costs, public notification expenses, software licensing, document preparation, GIS services, legal review, and other administrative functions associated with processing development applications; and WHEREAS, Appendix A - Zoning, Section 1.10 presently requires applications or requests administered through the Zoning Ordinance to be accompanied by a fee determined by the fee schedule, and Section 6.03(H) authorizes the City Council, by separate ordinance, to establish administrative fees for zoning amendments; and WHEREAS, the City Council finds that adopting a consolidated Planning and Zoning Administrative Fee Schedule and conforming the affected Code provisions will promote consistent administration and reasonable cost recovery. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: SECTION 1. That the facts and opinions in the preamble to this Ordinance are true and correct and are hereby adopted and incorporated for all purposes. P.O. 7455 RPC 09/28/2026 RPC/PDL SECTION 2. That the City Council hereby adopts the Planning and Zoning Administrative Fee Schedule attached as Exhibit "A" and incorporated herein. The fees stated in Exhibit "A" shall apply to the identified applications and services. SECTION 3. That Chapter 94, Streets, Sidewalks and Other Public Places, Section 94-381, Administrative Charges Assessed, is amended as shown in Exhibit "B" so that the administrative fee for a right-of-way, alley, or easement abandonment is $500.00, in addition to actual appraisal, survey, publication, recording, legal, and other third-party costs incurred by the City. SECTION 4. That Chapter 98, Subdivisions, Section 98-94, Application for Variance, is amended as shown in Exhibit "C" so that the applicable variance application fee is $350.00. SECTION 5. That Chapter 94, Streets, Sidewalks and Other Public Places, Section 94-453, Application; Fee, is amended as shown in Exhibit "D" so that the excavation permit fee is $500.00. SECTION 6. That Appendix A - Zoning, Section 1.10, Fees, is amended as shown in Exhibit "E" to establish the Planning and Zoning Administrative Fee Schedule as the controlling schedule for applications and requests administered through the Zoning Ordinance and to authorize assessment of actual direct third-party costs incurred by the City, where applicable. SECTION 7. That unless expressly included in a stated application fee, an applicant shall reimburse the City for actual direct third-party costs reasonably incurred in processing the application or request, including certified mailings, newspaper publication, recording fees, survey review, appraisals, consultant review, engineering review, legal advertisements, and other direct costs incurred by the City. Such costs are in addition to the administrative application fee. SECTION 8. Savings Clause. This Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Provided, however, that the repeal of such ordinances or part of such ordinances, and the amendments and changes made by this Ordinance, shall not affect any right, property, or claim which was or is vested in the City, or any act done, or right accruing or accrued, or established, or any suit, action or proceeding had or commenced before the time when this Ordinance shall take effect; nor shall said repeals, amendments or changes affect any offense committed, or any penalty or forfeiture incurred, or any suit or prosecution pending at the time when this Ordinance shall take effect under any of the ordinances or sections thereof or repealed, amended or changed; and to that extent and for that purpose the provisions of each ordinances or parts of such ordinances shall be deemed to remain and continue in full force and effect. SECTION 9. Severability Clause. That should any part, sentence, or phrase of this Ordinance is determined to be unlawful, void, or unenforceable, the validity of the remaining portions of this Ordinance shall not be adversely affected. All provisions are declared severable. No portion of this Ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are declared to be severable. SECTION 10. Effective Date. This Ordinance shall become effective immediately. P.O. 7455 RPC 09/28/2026 RPC/PDL Read, Adopted and Approved, this the day of October, 2026 AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Council members: NOES: Charlotte M. Moses, Mayor ATTEST: Christe Whitley Ned, City Secretary APPROVED AS TO LEGAL FORM: APPROVED AS TO ADMINI TRATION: PA Roxann Pais Cotroneo, City Attorney Ronald Burton, / M, Cit Manager ((:1 :1_44 4117 Pamela D. Langford, CPM, Assistant City Manager-Operations/Director of Development Services P.O. 7455 RPC 09/28/2026 RPC/PDL EXHIBIT "A" PLANNING AND ZONING ADMINISTRATIVE FEE SCHEDULE Appendix A-Zoning, Section 1.10 Application Type Fee Zoning Amendment $500.00 Variance/ Board of Adjustment $350.00 Preliminary Plat $500.00 base fee, plus $10.00 per residential lot or $20.00 per acre for nonresidential property Final Plat $300.00 Minor Plat $250.00 Amended Plat $250.00 Vacated Plat $300.00 Replat $400.00 Minor Site Plan Review $500.00 Major Site Plan Review (Commercial, Industrial, $1,000.00 Multiple-Family, or Institutional) Site Plan Amendment(major amendment after initial 50% of the original application fee approval) $500.00, plus actual appraisal, survey, publication, Right-of-Way/Alley/ Easement Abandonment recording, legal, and other third-party costs incurred by the City Basic Zoning Verification Letter $50.00 Detailed Zoning Compliance Letter $100.00 Excavation $500.00 Actual direct third-party costs incurred by the City in processing an application or request are assessed in addition to the administrative fee unless expressly included in the stated fee. P.O. 7455 RPC 09/28/2026 RPC/PDL EXHIBIT "B" Chapter 94 - Streets, Sidewalks and Other Public Places Section 94-381 - Administrative Charges Assessed Current provision (fee-related language): Sec. 94-381. -Abandoning and vacating city streets, alleys or easements; administrative charges assessed. There is assessed a minimum-administrative fee of$200.00 for the abandoning and vacating of city streets, alleys or easements. If the director of planning determines that such minimum fee is not adequate to cover the actual calculate a reasonable administrative fee which is adequate to cover such time and expense. Amended provision: Sec. 94-381. -Abandoning and vacating city streets, alleys or easements; administrative charges assessed. Administrative charges assessed. An administrative application fee of $500.00 shall be assessed for a request to abandon or vacate a City street, alley, or easement. The applicant shall also pay all actual appraisal, survey, publication, recording, legal, and other third-party costs incurred by the City in processing the request. P.O. 7455 RPC 09/28/2026 RPC/PDL EXHIBIT "C" Chapter 98 - Subdivisions Section 98-94 - Application for Variance Current provision (fee-related language): Sec. 98-94. -Application for variance fee. Each application or request, by a person or corporation having a proprietary interest in any property, to the planning costs. Amended provision: Sec. 98-94. -Application for variance fee. An application for a variance shall be submitted in the form required by the City and shall be accompanied by an application fee of$350.00. P.O. 7455 RPC 09/28/2026 RPC/PDL EXHIBIT "D" Chapter 94 - Streets, Sidewalks and Other Public Places Section 94-453 - Permit Fee Current provision (fee-related language): Sec. 94-453. —Application; fee. Each application for an excavation permit shall be in writing, on an application form provided by the city, stating the purpose of the proposed excavation, the names of all owners of land lying within 100 feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the proposed excavation and the dimensions of the borrow pit to be created thereby and all engineering data required by sections 94-423 and 94-452. Each application shall be accompanied by a nonrefundable permit fee of-$250.00 The permit fee shall not be required of any governmental agency, entity or instrumentality, but all other requirements of this article shall remain applicable to such bodies. Amended provision: Sec. 94-453. Permit fee. Each application for an excavation permit shall be in writing, on an application form provided by the city, stating the purpose of the proposed excavation, the names of all owners of land lying within 100 feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the proposed excavation and the dimensions of the borrow pit to be created thereby and all engineering data required by sections 94-423 and 94-452. Each application shall be accompanied by a non-refundable permit fee of $500.00.The permit fee shall not be required of any governmental agency, entity or instrumentality, but all other requirements of this article shall remain applicable to such bodies. P.O. 7455 RPC 09/28/2026 RPC/PDL EXHIBIT "E" Appendix A - Zoning Section 1.10 - Fees Current provision: 6.03. -Zoning text and map amendments. 14, Administrative fees. The city council may, by separate ordinance or ordinances, provide for fees to be paid change to this ordinance. Amended provision: 6.03. -Zoning text and map amendments. H. Administrative fees. Each application or request for an action or service administered through this Zoning Ordinance shall be accompanied by the applicable fee established in the Planning and Zoning Administrative Fee Schedule adopted by the City Council, as amended from time to time. In addition to the administrative application fee, the applicant shall reimburse the City for actual direct third-party costs reasonably incurred in processing the application or request, including certified mailings, newspaper publication, recording fees, survey review, appraisals, consultant review, engineering review, legal advertisements, and other direct costs incurred by the City, unless such costs are expressly included in the stated fee. If an application or request requiring a City Council public hearing is withdrawn before publication of notice of that hearing, the administrative application fee shall be refunded, less any actual direct costs already incurred by the City.