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HomeMy WebLinkAbout062413_cabs01Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Carl Smith, Director, Department of Community Development Stacte oskins, Planning Manager, DCD t~~. DATE: June` I, 2013 SUBJECT: Habitat For Humanity Fee Waiver Request STATEMENT OF ISSUE: Habitat for Humanity requests waiving fees for apre-application conference as provided for in Resolution 74-95. See the attached request received by OCD on May 22, 2013. Attachments: Resolution 74-95 Habitat for Humanity Fee waiver request ANALYSIS/STRATEGIC GOALSJPROS and CONS: Habitat for Humanity seeks to construct affordable housing in Jefferson County, The current project involves a request for apre-application conference to determine the number of potential homes that maybe constructed on property in the Port Hadlock Urban Growth Area. 1) There is substantial public interest and benefit in the project or activity to the degree said project or activity could be a County project or activity, but it is not because an alternative method for the project/activirytyas found. Staff Analysis: As detailed in their request Habi[at for Humanity provides o public service to the community for affordable housing creation. Jefferson County has identified a desire to support creation and maintenance of affordob/r housing in Jefferson County, as evidenced by the Comprehensive Plan and Housing Action Plan. Affordable Housing does benefit and serve the public interest 2) Anyand all similar requests will receive the same approval regardless ofthe person ororganization requesting the waiver. Staff Analysis: Staff is not aware of any previous requests for waiving fees far affordable housing submitted per Resolution 74-95. Staff agrees that should this waiver be granted, other requests of the same nature should receive similar consideration. 3) A corresponding amount from a Fund, to be designated by the Board of Commissioners at the time of the approval, will be transferred to the Department where the fee is waived. Staff Analysis: The immedr'ate request for a fee waiver amounts to $875. The breakdown of those fees is as follows: $380 Development Review Division (billed for additional time if exceeds 4 hours} 156 Environmental Health 76 Building Division 142 Fire Code (billed for additional time if exceeds 2 hours) 121 Public Works Approval of this fee waiver would set precedence for future fee waivers. As such, the potential fiscal impact cannot be known at this time. Regular Agenda FISCAL IMPACT/COST-BENEFIT ANALYSIS: If approved, $598 should be transferred to the Department of Community Development, $156 transferred to Environmental Health and $121 to Public Works. This amounts to $875 from a County Fund. If additional time is needed for Building or DRD, it would be billed hourly at $76. Approval of this fee waiver would set precedence for future fee waivers. As such, the potential fiscal impact cannot be known at this time. RECOMMENDATION: Habitat for Humanity is an asset to the community and plays an instrumental role in providing affordable housing in Jefferson County. The request meets the criteria established in Resolution 74-95 and consequently staff recommends approval of the waiver. REVIEWED BY: ~-_ E'~ Philip N orle~ ,Col ty Admrnistra /~-.~.~L~~ ~% ~ lip l l3 Date 2 C~C~ AGL iye~t3. g-a9-9S' .,~. STATE OF WASHINGTON County of Jefferson IN THE MATTER OF A POLICY FOR CONSIDERATION OF FEE WAIVER REQUESTS ASSOCIATED WITH COUN"I'Y ORDINANCES RESOLUTION NO. 74-95 WHEREAS, Federal, State and local laws require public agencies to treat all parties equally, so there is no potential for discrimination; and, WHEREAS, Jefferson County Ordinances establish fees to, in part, compensate the general public for costs associated with the review of projects or activities, provision of services; and, WHE12F_A S, requests are submitted to the Board of County Commissioners for waiver of fees by individuals and organizations, and; WHEREAS, the following findings are made with regard to the matter of requests for the waiver of fees: l) The waiver of fees for one party and not another can be viewed as discriminatory, unless there is a stated policy when and wider what circumstances said waiver would occur. 2) The Washington State Constitution prohibits the gift of public funds a~td the waiving of fees can amount to a gift as the costs associated with providing services are shifted entirely to the public for the benefit of the applicant. 3) Fees set by County Ordinance do not differentiate between worthy causes or worthy organizations and are to be applied equally to private individuals and public agencies. 4) The waiving of fees creates a budget impact for the department not receiving the fees. NOW, 7HFJtEFORL; BEITI2ES'OLVED, that there may be circumstances where the requested waiver of fees may be in the public interest and of public benefit for a project or activity and the public should participate by the waiving of the fee(s). BE IT FURTHER RESOLVED, to assure that all parties requesting a waiver of fees are treated equally and to determine if the requested waiver of fees is in the public interest and of public benefit, the following policy (Attachment A to this Resolution) is hereby adopted. .' ;~ ~ - a,,, ~. . SEAL: ~ • .. `.' "~.~..~ a ' ~.` ;~+ r ~ '~' ~ ~' a ,i, ,,~ . , ~'•, ~ p'f3V vti ATTEST: Loma L. Delaney, CMC Clerk of the Board fay of , 1995. r~ \ ~ A ' ~4 ~~~ss voi_ 2~ Face JEFFERSON COUNTY Attachment A -- Resolution No. 74-95 Policy for Consideration of Administration Fee Waiver Requests _ ATTACHMENT "A" RESOLUTION NO. 74-95 POLICY FOR CONSIDERATION OF FEE WAIVER REQUESTS POLICY STATEMENT The waiving of fees for individuals or organizations may be seen as: 1) being a gift of public funds, 2) being a discriminatory act, and 3) having an impact on individual County departmendfunds budgets. Jefferson County has determined that there may be circumstances, however, where the public interest and public benefit in a project or activity is such that the public should participate by the waiving of fees associated with such a project or activity. REQUEST AND DEPARTMENT RECOMMENDATION: All requests for waiver of fees shall be made in writing to the department administering the fee to be waived. The Department will forward the request to the Board of County Commissioners with their recommendation for approval or denial. APPROVAL CRITERIA: The Jefferson County Board of Commissioners shall review all requests to waive the fees associated with any individual project or activity. Requests may only be approved when the following criteria can be met: 1) There is substantial public interest and benefit in the project or activity to the degree said project or activity could be a County project or activity, but is not because an alternative method for the project/activity was found. 2) Any and all similar requests will receive the same approval regardless of the person or organization requesting the waiver. 3) A corresponding amount from a Fund, to be designated by the Board of Commissioners at the time of the approval, will be transferred to the Denartment where the fee is waived. voi_ 2~ E~ar;~ ~~ ~ X357 • ' • Habitat 1 for Humanity® of East Jefferson County May 22, 2013 Stacie L. Hoskins, Planning Manager Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Dear Ms. Hoskins: Norv Nlore T{~ar~ Eiger: Help Build It! Habitat for Humanity of East Jefferson County is in the process of determining the potential suitability of two parcels located at 100 C Street, Port Hadloclc, for construction of affordable houses. The property appears to contain roughly 60,000 square feet, so it can potentially be divided to serve several households, depending upon County requirements. We are requesting a waiver of the fees normally associated with aPre-Application conference involving the departments of Community Development, Environmental Health and Public Worl<s. We believe this request is in line with the Approval Criteria enumerated in the Policy for Consideration of Fee Waiver Requests, which is found as Addendum A to Resolution 074 95. Specifically, the project provides substantial public interest and benefit in the provision of affordable homeownership opportunities to low- and very-low income residents of Jefferson County. Persons and families with income between 30% and 60% of the Area Median Income shall be housed with affordable mortgages, shall pay property taxes and become stable, long-term residents of the county and community. This outcome meets the Board of County Commissioners' commitment to support affordable housing, as seen in a number of BOCC actions, to wit: 1. The identification of surplus county properties as potential property for the construction of affordable housing; 2. The management of recording fees collected as a result of House Bills 2060 and 2163 in support of housing services for low-income and homeless residents; 3. The long-term commitment to affordable housing through the Housing Action Plan, the associated Housing Action Plan Network, and the County's 10-Year Plan to End Homelessness; and 4. The involvement of County Commissioners and staff on various boards and task forces promoting affordable housing. Because Habitat for Humanity is anon-profit housing developer, none of the benefit from the fee waiver will in any way profit an individual orfor-profit entity. We believe this project meets the requirements PO box 658, Port Townsend, WA 98368 info@ha6itatejc.org Phone: (360) 379-2827 www.habitatejc.org of the policy and that similar projects from other organizations should be similarly treated in terms of fee waivers. We hope you will find this request in line with the policy. Please let me know if you have any questions. Sincerely, . , Jami Maciejewsl<i Exe utive Director Attachment: Pre-Application Conference Request