Consider, discuss and take any necessary action regarding an ordinance amending the fee schedule for planning and development fees.

Staff Report & Agenda Item Details

The Town last updated development fees in 2025. Staff met with representatives of the Heritage Ranch homeowners association who were considering a request to amend their planned development to allow residents to construct patios that encroach into the rear yard setback of twelve (12) feet.  Amending the required rear setback would eliminate the need for these requests to come before the BOA.   These changes would streamline the process for the Heritage Ranch Architectural Review Committee (ARC) thereby reducing the timeline in which residents would have to wait for approval by both the Town and subsequently the ARC.  To date, 24 ZBA cases have been brought forward from the Heritage Ranch PD and only one was denied (see attached review of variances).<br data-pasted="true"><br>Upon review of this request by staff, it was discovered that the cost of a new Planned Development (PD) proposal is listed, but there was not an option within the fee schedule for an amendment.  The cost of a PD amendment under the current fee structure would be $10,125.  This cost is based upon a $750 flat fee, plus $15.00 an acre.  There are 575 acres encompassing Heritage Ranch.  Additionally, there are 1,315 residents as well within the 500-foot buffer.  Notifications for the PD amendment would be sent out at a cost of $973.10 along with the posting of a legal notification for both the Planning and Zoning Commission and Town Council. The process, whether an amendment or new PD, takes approximately 55 days (see attached exhibit) in accordance with the Texas Local Government Code (TLGC).  There is a cost for the zoning signs which is nominal because we re-use them and only two signs would be required (one at both entrances).  <br><br>After reviewing the current fees as a part of the consideration from Heritage Ranch, staff believes that the current fee structure is not appropriate for a minor amendment to the PD zoning.

This motion is scored as RESTRAINS_GOVERNMENT (Impact Weight: 6.5/10). Under the Bastiat Liberty Watchdog Index, voting YES on measures that cap or reduce ad valorem tax burdens, expand taxpayer exemptions, retire debt early, enforce competitive bidding caps, or remove regulatory/zoning barriers to private property rights earns a positive Pro-Liberty score.