Letter-Appeal of Trans Impact Fees 6.5.19.pdf;~ CITY OF EDMONDS DAVE EARLING
�n MAYOR
1215T"AVENUE NORTH• EDMONDS, WA 98020 • 425-771-0220 • FAX425-672-5750
Website: www.edmondswa.gov
,., PUBLIC WORKS DEPARTMENT
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Engineering Division
June 5, 2019
Robert Reichler, MD
Pacific Institute of Mental Health
21827 — 76th Ave W
Edmonds, WA 98026-7901
RE: Appeal of Transportation Impact Fees for the Kids Foundation Academy
Dear Mr. Reichler,
This letter is being sent in response to your request for review of the transportation impact
fees assessed during the building permit review for the Kids Foundation Academy, a tenant
improvement at 21827 — 76th Ave W. It is understood that you paid transportation impact
fees, in the amount of $96,012.00, under protest in order to obtain a building permit
(BLD20180503).
Edmonds Community Development Code (ECDC) section 3.36.070 allows for payment of
impact fees under protest as long as certain criteria are met. ECDC 3.36.070.C.2 states
"The request for review by the director shall be filed within 14 calendar days of the
feepayer's payment of the impact fees at issue. The failure to timely file such a request
shall constitute a final bar to later seek such review". On May 1, 2019, Jeanie McConnell,
Engineering Program Manager, provided you a copy of the code section that specifically
outlines this requirement. On May 2, 2019 the transportation impact fees were paid under
protest and your building permit was issued. On May 24, 2019, 22 calendar days after
payment was made, you filed a request for review of the impact fees.
The letter you filed on May 24th has been reviewed and it has been determined that
compliance with the code has not been met in that the filing did not occur within the
specifically identified 14-day timeframe. For this reason, the transportation impact fees
for the project will remain in place at the amount assessed during review of the Kids
Foundation Academy building permit.
HIL WILLIAMS
Public Works Director
Attachments
c: bld20180503
%N Robert Jay Reichler, MD
r Pacific Institute of Mental Health
21827 76T" Avenue West
Edmonds, WA 98026-7901
CIF.'.altY) Iw
(425) 248-4850 (425) 248-4856
May 23, 2019
Director
Public Works, Engineering Division
City Hall Second floor
121 5th Ave, N,
Edmonds, WA 98020Dear Director:
Dear Director:
RECEIVED
MAY '921 4 2019
JkkVLWPMENT SERVICES
COUNTER
This letter is a request for review of the Traffic Impact Fee for our adding a suite to our
building on 21827 76tn Ave W. in Edmonds referred to as the Reichler Building -Day Care TI.
We were assessed a fee of over $100,000 dollars using the 2019 table of fees,
I was told that is was likely a waste of time to request such consideration and that no one
makes such requests. However, I feel it a worthwhile effort to appeal to reason and fairness.
My request for review and adjustment is based on several issues.
First, we had applied for a permit about one year ago and had submitted the Traffic Impact
Analysis and was approved by December of last year. However, our final permit was delayed
because of issues related to sewer loads, and we were required to modify the sewer on the
adjoining property to accommodate the inadequacy of that system despite the fact that we
are adding "pervious" pavement and have minimal impact compared to the adjoining
property. Because of the delay, our Traffic Impact Fee increased by about 50% from the
schedule for 2018 to 2019, and amounts to about 12% of the total project, a prohibitive
expense. I would hope that we could be adjusted to the fee for 2018.
Secondly, I understand that there is an adjustment for `Prior Use Fee" as noted on your form
#E82- Transportation Impact Analysis Requirements", appendix A, page 2. Since we paid a
Mitigation Assessment of $16,739.05 for our original construction in 2008, my understanding
isthat our current fee should be decreased by that amount.
I apologize for the delay in submitting this request. I spoke to Jeannie McDonald yesterday
and she said she had spoken with you and that you would consider our request. My delay
occurred in part because I came to your offices multiple times in the past weeks since paying
the fee but was never able to see Jeannie. However, I did meet with someone from your
engineering department who said I had to submit my request on your Transportation Impact
Analysis Requirements form. There was nothing on the form that made sense for this
request, and I also had to request a copy of the Traffic Impact Analysis done and submitted
Life Fellow, American Academy of Child & Adolescent Psychiatry
Distinguished Life Fellow, American Psychiatric Association
for this project, in order to identify the LOS figures required by the form. When I met with
Jeannie yesterday she told me that no one in the office understood what was required for a
review snice nobody ever requests that. I struggled to understand how to do this submission
since until yesterday I did not get any clear information as to how to proceed.
I appreciate your willingness to review my request and I am available for any clarification or
other exchange of information. You can reach em at 0206-235-7464.
Sincerely,
Robert Jay Reichler
Emsley-pai, doral surgery 2/2 5/24/2019