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HomeMy WebLinkAboutFS 2010-06-08 Item 2C - Discussion - Proposed Land Use Fee ScheduleCity of Tukwila INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance and Safety Committee FROM: Jack Pace, Community Development Director DATE: June 1, 2010 SUBJECT: Proposed Land Use Fee Schedule ISSUE The Department of Community Development (DCD) has developed a revised land use fee schedule that would result in greater cost recovery for current planning review. BACKGROUND Jim Haggerton, Mayor The Council reviewed DCD's revenue enhancement proposal at the April 26, 2010 Committee of the Whole meeting. They expressed support for a hybrid fee approach that would retain fixed application fees for most routine permit types but charge a retainer and hourly fees for more complex, Tess predictable permits. They also asked that the proposed fees be compared to the average fees charged by nearby cities, see Attachment A. This chart comparing Tukwila's fees to other cities has been expanded by including Des Moines, the only other nearby city that has fixed fees, and adding additional permit types. DISCUSSION Staff has developed a and use fee schedule that would result in an expected increase in permit revenue of 80 to 120% over current levels, see Attachment B. The actual revenue generated in a given year depends on the number and type of permits that are submitted. For comparison here are the actual fees received over the past few years and the estimated amount that would have been generated under the proposed fee schedule: Estimated 2010 2009 2008 2007 Actual Permit Revenue $86,475 $86,129 $135,297 $119,944 Estimate w /New Fees $191,306 $168,246 $240,628 $246,705 Percentage Increase 121% 95% 78% 105% The new fees are based on the estimated number of hours of planner and administrative support time required to process each application. Hearing examiner charges as well as the costs for any special studies would be passed through to applicants. To be defensible permit fees should only recover costs incurred to provide review service. The average permit fee charged by nearby cities is listed in the far right column of Attachment B for comparison. INFORMATIONAL MEMO Page 2 The fee for a tree permit has been codified by ordinance as $25 since the adoption of the Tree Regulations, TMC Chapter 18.54, in 1995. While it is desirable to keep the initial application fee low to encourage compliance, tree regulation violations can require significant staff time to resolve. Staff proposes adoption of the attached ordinance, see Attachment C, to remove the fee listing from TMC 18.54.100, move it to the land use fee resolution, Attachment D, and charge hourly for complex permits such as those to mitigate illegal tree removal in environmentally sensitive areas. The updated land use fee resolution is Attachment D. Given the current budget situation, staff plans to develop the necessary procedures to start charging hourly fees by the third quarter of 2010, so the fee resolution is written to take effect July 1, 2010. The resolution lists one set of fees for the second half of 2010 and 2011 with an increase of 5% planned for 2012. RECOMMENDATION The Committee is being asked to review the fee schedule and provide comments on any changes. The Committee is being asked to forward the resolution and ordinance to the June 14, 2010 Committee of the Whole meeting and subsequent June 21, 2010 Regular meeting. ATTACHMENTS Attachment A Attachment B Attachment C Attachment D W:12010 InfoMemos \Land UseFeeMemo2.doc Comparison of City Land Use Permit Fees 2011 -2012 Land Use Fee Proposal Ordinance amending TMC 18.54 Tree Regulations Land Use Fee Resolution Comparison of City Land Use Permit Fees 2010 Tukwila Fees Average Difference Other of Other (Tukwila Decision Type LDR Zones Cities Lower) Auburn Burien Federal Way Kent Des Moines Renton SeaTac Appeal of Type 1 hearing Decision $120 $235 $342 ($107) $110 exam $287 $215 $825 $75 Boundary Line Adjustment $305 $545 $1,078 ($533) $854 $574 $1,412 $384 $3,475 $450 $400 Lot Consolidation $105 $210 $526 ($316) $500 $173 $108 $1,325 +Buildin g& Permanent Sign Permit $135 $135 $188 ($53) $100 $69 $49 Elec $162 $500 $175 $164 Temporary Sign Permit $75 $75 $68 $7 $34 $49 $81 $175 Wireless Communication Facility, Minor $265 $265 $372 ($107) $372 Administrative Design Review $540 $540 $864 ($324) $1,139 $588 Appeal of Type 2 Decision $120 $235 $382 ($147) $1,000 $288 $172 $215 $825 $75 $100 $1551 +.10 /sf Binding Site Plus for of lot Improvement Plan $1,340 $1,340 $3,345 ($2,005) $1,139 $60 /lot $5,169 minor $2,251 $685 $8,525 area $1,000 N/A Code Interpretation $120 $120 $350 ($230) $500 $200 Environmentally Sensitive Areas Deviation $260 $400 $199 $202 $259 $138 Exception from Single Family Design Standard $260 NA $336 ($76) $500 $172 Up to Varies Shoreline Substantial $13,81 $350 Development Permit $2,100 $2,685 $2,100 $585 $1,139 $1,120 $3,791 8 $1,126 $3,525 $1,000 $3,000 8000 Short Plat (2 -4 lots) $1,050 $2,100 $3,053 ($953) $1,449 $3,790 $2,251 $960 $7,625 $1,000 $4,295 Plus Short Plat (5 -9 lots) $2,100 $2,625 $3,562 ($937) $1,449 $3,790 $2,251 $3,919 $76 /lot $7,625 $1,000 $4,295 ($904 Variance $840 $1,785 $2,610 ($825) $575 $3,791 $3,665forres) $2,213 $5,525 $500 $2,000 Appeal of Type 4 transcri Decision $115 $225 $425 ($200) N/A $288 $172 $215 $1,375 pt $75 N/A H:1Budget \Fee comparison.xls 2 05/11/2010 Decision Type Conditional Use Permit Shoreline Conditional Use Permit Public Hearing Design Review Parking Variance, Modification or Waiver Reasonable Use Exception Subdivision Preliminary Plat(10+ lots) Wireless Communication Facility, Major or Height Waiver Comprehensive Plan Amendment Planned Residential Development Rezone (Map Change) or Zoning Code Text Amendment Subdivision Final Plat (10+ lots) Unclassified Use Permit Preapplication Meeting SEPA Checklist SEPA EIS Administrative Fee Shoreline Permit Exemption Letter Zoning Verification Letter 2010 Tukwila Fees Average Difference Other of Other (Tukwila LDR Zones Cities Lower) $2,685 $2,685 $2,685 $2,685 $1,875 $2,855 $3,026 ($171) N/A $4,767 $260 $400 $436 ($36) $500 $840 $1,330 $2,588 ($1,258) $1,000 $2,240 $3830 +1 $3830 +1 Plus 35 new 35 new $120/ unit unit $5,596 ($416) $3,000 lot $5,170 $2,685 $2,685 $2,100 $2,100 $3290 $3290 135 new 135 /new unit unit $1,050 $1,050 $4,015 ($2,965) $1,760 $4,761 $1330 75 new unit $1330+ $75 new unit $260 $260 $1,050 $1,050 $1,340 $1,340 $0 $140 $0 $140 Comparison of City Land Use Permit Fees Auburn $3,313 ($628) $2,000 $3,000 ($315) $1,139 Burien $3,791 $1,120 $2,213 $472 $1,660 $440 $2,070 $1,723 $5,131 ($491) $2,588 Plus $2,566 ($486) $1,533 $52 /lot $1,550 $2,685 $2,685 $7,525 ($4,840) $331 ($71) $259 $287 Plus $259/ $2,247 ($1,197) $802 study $2,110 +actual $1,496 ($156) $802 costs $168 ($28) $215 $143 $157 ($17) $104 $69 Federal Way $3,665 $5,863 $1,351 $5,525 $11 .25 to up to multifa .65 per $2,252 $3,113 $588 m unit $5,525 sf $2,000 $372 Plus $79/ Plus $7,436 acre $4,101 $54 /lot $8,525 $2,213 +85.5/ $867 acre $1,616 Plus $1378/ $1,120 acre $2,260 $2,912 $458 $1,599 $85 Kent Des Moines Renton $2,213 $5,525 $2,000 $4,525 $2,525 $2,000 $1,000 +59/ +.10 /sf $2,752 unit $12,525 lot area $3,000 $1000 10 -20 $8,525 $2,000 acres Plus $2,203 $22 /lot $4,025 $318 $790 $2,190 $215 $54 $7,525 +.35 /sf of $4,525 building $1,000 All Costs $200 $1,000 $0 SeaTac $4,000 N/A Plus $100/ $6,000 lot +200/ $700 lot Plus $1800/ $4,500 acre Plus $100/ $3,000 lot Varies $1000 $1,400 to 3000 $150 $400 H: \Budget \Fee comparison.xls 2 05/11/2010 Permit Type Administrative Review (P- Admin) Accessory Dwelling Unit Inspection Rental Housing Ord Code Interpretation Legal Lot Verification Shoreline Permit Exemption Zoning Verification Letter Annexation (P- Annex) Land Use Appeal (P- Appeal) Binding Site Improvement Plan (P -BSIP) Boundary Line Adjustment/Lot Consolidation (P- BLA/LC Boundary Line Adjustment Lot Consolidation Zoning Code Amendment (P -Code) Comprehensive Plan Amendment (P -CPA) Conditional Use Permit (P -CUP), Shoreline CUP Development Agreement (P -DA) 20 H then hourly Design Review (P -DR) Administrative Public Hearing Major Modification Minor Modification new fee Noise Variance new fees per Noise Ordinance Type I Type II Type III SEPA Planned Action (P -PACT) Planned Residential Development Minor Modification Administrative (P -APRD) Public Hearing (P -PRD) Major Modification Pre Application Meeting (PREAPP) Rezone (P -R) Reasonable Use Exception to SAO Sensitive Area Master Plan Overlay (P -SAMP) SEPA Environmental Review (P -SEPA) SEPA Checklist SEPA EIS Fee SEPA Addendum new fee 2011 -2012 Land Use Fee Proposal Estimated Admin New Plus Hearing Other City 2010 Land Use Fees Review Hours at Application Examiner and Average LDR Other Zones Hours at $92 $55 Fees Addl. Staff time Fees $120 NA $120 $120 $0 $140 $0 $140 $2,625 $2,625 $120 $235 $1,340 $1,340 $420 $630 $105 $210 $1,050 $1,050 $2,100 $2,100 $2,685 $2,685 $525 $525 $540 $540 $1,875 $2,685 $540 $540 NA 1 $370 I $840 1 $840 $3290 +135 $3290 +135 /unit /unit $260 $1,050 $840 $1,340 $1,050 $1,340 $260 $1,050 $1,330 $1,340 $1,050 $1,340 NG H: \Budget \Budget.xls NA 3 0.5 $304 5 0.5 $488 2 0.5 $212 3 0.5 $304 50 10.0 $5,150 5 1.0 $515 35 2.0 $3,330 15 1.5 $1,463 5 1.5 $543 40 5.0 $3,955 40 5.0 $3,955 35 3.0 $3,385 20 1.0 $1,895 20 2.0 $1,950 35 5.0 $3,495 10 5.0 $1,195 5 1.5 $543 4 1.0 $423 5 2.0 $570 12 3.0 $1,269 5 1.0 $515 5 1.0 $515 20 1.0 $1,895 50 5.0 20 5.0 4 1.0 35 5.0 30 3.0 50 5.0 15 2.0 30 5.0 5 1.0 HE Hours addl. hours HE addl. Hours HE $4,875 addl. Hours $2,1151 $4231 $3,4951+ addl. Hours $2,9251+ HE Hours $4,8751+ addl. Hours 1 $1,4901 $3,0351+ addl. Hours $5151 $350 $168 $157 $425 $3,345 $1,078 $526 $4,015 $1,660 $3,313 $8641 $3,0261 1 $5,131 $331 $4,015 $2,588 $2,247 $1,496 05/11/2010 Permit Type Shoreline Environment Redesignation (P- ShoreD) Shoreline Substantial Development Permit (P- Shore) Project Value $5000 10,000 $10,001 50,000 $50,001 500,000 More than $500,001 Signs Temporary Sign Permit (P- Tsign) Permanent Sign (P- Psign) Master Sign Program, Admin new fee in Sign; Cede Master Sign' Program BAR new fee in Sign Code Special Permission (P -SP) Cargo Container Landscape Requirement Deviation Parking Determination Parking Variance, Modification or Waiver Sensitive Area Deviation, Buffer Reduction Single Family Design Standard Exception Sign Modification or Area Increase Not in new sign code Parking Lot Restriping new fee Short Plat (P -SS) 2 -4 Lots 5 -9 Lots Subdivision Preliminary Approval (P -SUBP) Subdivision Final Approval (P -SUBF) Tree Permit (P -Tree) Fee is codified at $25 Zoning Code Variance (P -VAR) Unclassified Use Permit (P -UU) Wireless Communication Facility (P -Wire) Minor Administrative Major or Height Waiver Mailing Label Fee Public Notice Mailing Fee to cover postage (.44) and paper (.54) 2011 -2012 Land Use Fee Proposal Estimated Admin 2010 Land Use Fees Review Hours at LDR Other Zones Hours at $92 $55 $1,340 1 $1,340 35 $2,100 1 $2,685 10 25 40 50 $75 $75 1 $135 $135 2 20 30 $260 $400 5 $260 $400 5 $260 $400 5 $260 $400 8 $260 $400 15 $260 NA 5 $260 $400 NA 5 $1,050 1 $2,100 1 35 $2,100 1 $2,625 1 40 $3830 +135 $3830 +135 /unit /unit 50 $1330 +75 $1330 +75 unit unit 30 $25 $25 2 $840 $1,785 25 $2,685 $2,685 50 $265 1 $265 5 $540 1 $540 15 $2,685 1 $2,685 30 $2101 $210 5.0 2.0 2.0 3.0 5.0 0.5 1.0 5.0 1.0 1.0 1.0 2.0 1.0 1.0 1.0 2.0 2.0 5.0 $4,875 addl. Hours 5.0 0.5 3.0 5.0 1.0 1.5 3.0 New Application Fees $3,4951+ addl. Hours I I I $1,0301 $2,410 addl. Hours $3,845 addl. Hours $4,875 addl. Hours $92 $212 $1,895 $3,035 $515 $515 $515 $846 $1,435 $515 $515 $3,330 $3,790 Plus Hearing Other City Examiner and Average Addl. Staff time Fees addl. hours HE Hours addl. hours $3,035 addl. Hours $501+ addl. Hours $2,4651+ HE $4,8751+ addl. Hours 1 $5151 $1,4631 $2,9251+ HE $4001 $1 per address per mailing $2,1001 $68 $188 $436 $336 $3,0531 $3,562 $5,596 $2,566 $2,610 $7,525 $3721 $2,213 NG H: \Budget \Budget.xls 05/11/2010 DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 1758, §l, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 18.54.100, TO MOVE THE TREE CLEARING PERMIT FEE INTO THE LAND USE FEE TABLE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the processing fee for tree clearing permits has not changed since adoption of the tree ordinance in 1995; and WHEREAS, the codified fee of $25.00 is no longer sufficient to cover the City's costs to provide this review; and WHEREAS, all other land use fees have been removed from the Zoning Code and adopted separately by the City Council in a land use fee resolution; and WHEREAS, the City Council desires to move the tree clearing permit fee to the land use fee resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 1758, §1, as codified at Tukwila Municipal Code Section 18.54.100, is hereby amended to read as follows: 18.54.100 Permit Application Fee A. Fee required: A non refundable permit application fee will be collected at the time of submittal of a Tree Clearing Permit application. The application fee will provide for the cost of plan review, administration and management of the permitting process, inspections, and processing of exceptions to standards and appeals pursuant to this chapter. The application fcc _.cidcd, by the City Council. B. Fee- __t.r..yat: The City shall collect a fee of $25.00 for processing a Tree Clearing Permit ner TMC Section 18.88.010. except as otherwise noted in this chapter. C. Fee exception: No fee shall be required for vegetation clearing associated with land altering activity approved under a Land Altering Permit. Section 2. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W:\ Word Processing \Ordinances \Tree Permit Fee.docx 6/2/2010 Page 1 of 1 C DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A LAND USE FEE SCHEDULE, AND REPEALING RESOLUTION NO. 1672. WHEREAS, the City intends to update land use permit fees on an annual basis with any increases tied to growth in City expenses for providing land use services; and WHEREAS, the City has adopted a biennial budget process; and WHEREAS, the City has studied its costs related to providing land use services and found the current fees do not cover the City's expenses and need to be increased; and WHEREAS, budget constraints prevent the City from retaining the lower fee schedule for LDR zoned properties; and WHEREAS, the City has determined the fee increase will take effect July 1, 2010; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Land use permit and processing fees will be charged according to the following schedule: Permit Type Appeal Zoning, Sign, SEPA, Subdivision Code (P- Appeal)* Binding Site Improvement Plan (TMC Chapter 17.16) (P -BSIP) Boundary Line Adjustment (P- BLA /LC) Code Interpretation (TMC Section 18.96.020) Comprehensive Plan Amendment (TMC Chapter 18.80) (P -CPA) Conditional Use Permit (P -CUP), Shoreline CUP Design Review (TMC Section 18.60.030) (P -DR) Administrative Public Hearing Major Modification Minor Modification Lot Consolidation (P -BLA/ LC) Noise Variance (TMC Chapter 8.22) Type I Type II Type III* Planned Residential Development Administrative (TMC Section 18.46.110) (P -APRD) Public Hearing (TMC Section 18.46.110) (P -PRD) Minor Modification (TMC Section 18.46.130) Major Modification (TMC Section 18.46.130) Rezone Map Change (TMC Chapter 18.84) (P -R) Reasonable Use Exception to SAO (TMC Section 18.45.180)* Sensitive Area Master Plan Overlay (TMC Section 18.45.160) (P -SAMP) W: \Word Processing Resolutions \Land Use Fee Schedule 2011 -2012 doc P13 6/3/2010 2010 -2011 2012 Fee/ Fee/ Retainer Retainer $515 $3,330 $1,463 1 $304 $3,955 $3,385 $1,950 $3,495 $1,195 $543 $543 $423 $570 $1,269 $1,895 $4,875 $515 $2,115 $3,495 $2,925 $4,875 $541 hours over 5 $3,497 $1,536 1 $319 1 $4,153 $3,554 1 $2,048 1 $3,670 1 $1,255 1 $570 1 $570 $444 $599 $1,332 $1,990 $5,119 $541 $2,221 $3,670 $3,071 $5,119 Plus any review hours over retainer hours over 40 hours over 50 1 1 hours over 35 1 hours over 30 hours over 50 Page 1 of 3 D Permit Type SEPA Environmental Review (TMC Title 21) (P -SEPA) SEPA Planned Action (P -PACT) SEPA Checklist SEPA EIS Fee SEPA Addendum Shoreline Environment Re- designation (P -Shore D) Shoreline Permit Exemption (TMC Chapter 18.44) Shoreline Substantial Development Permit (TMC Chapter 18.44) (P- Shore) Project Value $5,000 10,000 $10,001- 50,000 $50,001 500,000 More than $500,000 Signs (TMC Title 19) Temporary Sign Permit (P -T sign) Permanent Sign Permit (P -P sign) Master Sign Program Administration Master Sign Program BAR Special Permission (P -SP) Cargo Container (TMC Section 18.50.060) Landscape Perimeter Averaging (TMC Section 18.52.020) Parking Standard for Use Not Specified (TMC Section 18.56.100) Parking Variance, Modification or Waiver (TMC Sections 18.56.130 and 18.56.140)* Parking Lot Re- striping Residential Parking Reduction (TMC Section 18.56.065) Shared, Covenant and Complementary Parking Reduction (TMC Section 18.56.070) Sensitive Area Deviation, Buffer Reduction (TMC Chapter 18.45) Single Family Design Standard Exception (TMC Section 18.50.055) TSO Special Permission Use (TMC Section 18.41.060)* Short Plat (TMC Chapter 17.12) (P -SS) 2 -4 Lots 5 -9 Lots Subdivision Preliminary Approval (TMC Chapter 17.14) (P -SUBP) 1 Subdivision Final Approval (P -SUBF) Tree Clearing Permit and Exception (TMC Chapter 18.54) (P -Tree) 1 Unclassified Use Permit (TMC Chapter 18.66) (P -UU) 1 Variance Zoning, Sign, Shoreline (P -VAR) Wireless Communication Facility (TMC Chapter 18.58) (P -Wire) Minor Administrative Major or Height Waiver Zoning Code Text Amendment (TMC Chapter 18.80) (P -Code) W: \Word Processing \Resolutions \Land Use Fee Schedule 201 I- 2012.doc PBdksn 6/3/2010 2010 -2011 2012 Plus any review Fee/ Fee/ hours over Retainer Retainer retainer $515 $1,490 $3,035 $515 $3,495 $212 $1,030 $2,410 $3,845 $4,875 $92 $212 $1,895 $3,035 $515 $515 $515 $846 $888 $515 1 $541 $3,330 1 $50 $4,875 $2,465 $515 $1,463 $2,925 $3,955 $541 $1,565 $3,187 1 hours over 30 $541 $3,670 1 hours over 30 $222 1 $1,082 1 $2,531 1 hours over 25 $4,037 1 hours over 40 $5,119 1 hours over 50 $97 1 $222 1 $1,990 1 $3,187 1 $541 $541 $541 $515 $541 $515 $541 hours over 5 $1,435 $1,507 hours over 15 $515 $541 $846 $888 $3,497 1 $3,790 1 $3,980 $4,875 $5,119 hours over 50 $3,035 1 $3,187 hours over 301 $53 hours over 2 $5,119 1 hours over 501 $2,588 1 $541 $1,536 $3,071 $4,153 hours over 5 hours over 8 1 All Hearing Examiner costs will be passed through to the applicant. The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. Page 2 of 3 Fee Type Annexation (P- Annex) Development Agreement (P -DA) Legal Lot Verification Mailing Label Fee for City to generate labels Pre Application Meeting (PREAPP) Public Notice Mailing Fee Zoning Verification Letter The application fee covers the specified number of review hours. Hours over this retainer will be charged at $92.00 per hour. Section 2. Resolution No. 1672, dated December 1, 2008, is hereby repealed, effective July 1, 2010. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney W.\Word Processing \Resolutions \Land Use Fee Schedule 2011- 2012.doc P13•ksn 6/3/2010 Plus any 2010 -2011 2012 review hours Fee/Retainer Fee/Retainer over retainer $5,150 1 $5,408 $1,895 1 $1,990 hours over 20 $488 $512 $400 $420 $423 I $444 $1 per address, per mailing $304 1 $319 Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 3 of 3