CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
AN ORDINANCE relating to land value determinations for shoreline street end and term permit fee methodologies; amending the current Seattle Department of Transportation Street Use Fee Schedule, Attachment A to Ordinance 123477, as amended by Ordinances
123600, 123611, 123659, 124159, and 123485 as amended by Ordinances 123585 and 123907 by amending the definition of land value.
WHEREAS, by Ordinance 123485, as amended by Ordinances 123585 and 123907, the City adopted a term permit schedule of fees and established a term permit fee methodology for several different term permit uses; and
WHEREAS, by Ordinance 123611, the City adopted a shoreline street end schedule of fees and established a shoreline street end permit fee methodology for use of designated shoreline street ends; and
WHEREAS, in 2013, State legislature amended RCW 84.40.045 and 84.40.175 to eliminate the revaluation of government-owned parcels for tax-assessment purposes; and
WHEREAS, this action by the State legislature affects the Seattle Department of Transportation's (SDOT) ability to determine land values and fully implement the shoreline street end and term permit fee methodologies for encroachments that abut
government-owned parcels; and
WHEREAS, the SDOT Director has evaluated all fees for the current shoreline street end and term permit holders and proposes to make an amendment to the definition of land value in the Seattle Department of Transportation Street Use Fee Schedule that is
consistent with how land values were determined prior to the State legislative action in 2013; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Seattle Department of Transportation Street Use Fee Schedule, Attachment A to Ordinance No. 123477, as amended by Ordinances 123600, 123611, 123659, 124159, and 123485 as amended by Ordinances 123585 and 123907, is further amended as
follows:
Attachment A: Seattle Department of Transportation Street Use Permit Fee Schedule
* * *
Fee Methodology Factors and
Descriptions
|
Factor
|
Description |
Land value: |
For Term permits, the value of the use area in the right-of-way shall be based on the
abutting parcel's current per-square-foot land value ((per square foot)) as determined by the King County Assessor. If the use area extends beyond the right-of-way centerline or abuts multiple parcels, the permit fee shall be
calculated by averaging the abutting parcels' current land values. For Shoreline Street End permits, the value of the use area in the right-of-way shall be based on the abutting parcel's current
per-square-foot land value ((per square foot)) as determined by the King County Assessor. If the use area extends beyond the centerline of the right-of-way or abuts multiple parcels, the permit fee shall be calculated
for each portion of the use area according to the current per-square-foot land value of the abutting parcels. ((If one of the abutting parcels is publicly-owned, the permit fee for that portion of the use area abutting
the publiclyowned parcel shall be calculated using the value of the privately owned parcel abutting the largest portion of the use area occupying the right-ofway.)) If a government-owned parcel abuts a Term or Shoreline Street End permit use area and the parcel is not tax assessed in
whole or in part by King County, the entire parcel shall be excluded when establishing the Term or Shoreline Street End permit fee. To determine the permit fee, the current per-square-foot land value as determined by the King County Assessor of
all privately-owned parcel or parcels abutting the Term or Shoreline Street End permitted use area shall be averaged. If all parcels
abutting the Term or Shoreline Street End permitted use area are government-owned and the parcels are not tax assessed in whole or in part by King County, the parcels shall be excluded when establishing the Term or Shoreline Street End permit fee.
To determine the permit fee, the current per-square-foot land value as determined by the King County Assessor of the closest privately-owned parcel or parcels with the same zoning or shoreline designation of the Term or Shoreline Street End
permitted use area shall be averaged. If the next closest privately-owned parcel or parcels do not have the same underlying zoning or shoreline designation as the abutting government-owned parcel, the Seattle Department of Transportation shall
consult with the City Appraiser. The City Appraiser shall determine if the next closest parcel or parcels with similar zoning or shoreline designation reasonably establishes the current per-square-foot land value of the use area in the right of
way for fee calculation purposes. |
* * *
Section 2. The new land value definition will be assessed for all Term and Shoreline Street End permits that existed on the effective date of this ordinance that abut a governmentowned parcel for 2014 permit fees, retroactive to January 1, 2014.
Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any portion of this ordinance, or the invalidity of its application or any person or circumstance, shall not affect the validity of
the remainder of this ordinance, or the validity of its application to other persons or circumstances.
Section 4. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section
1.04.020.
Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this
_____ day of ___________________, 2014.
_________________________________
President __________of the City Council
Approved by me this ____ day of _____________________, 2014.
_________________________________
Edward B. Murray, Mayor
Filed by me this ____ day of __________________________, 2014.
____________________________________
Monica Martinez Simmons, City Clerk
(Seal)
Angela Steel SDOT, Street Use Fee Schedule Amendment ORD April 25, 2014 Version #6