Subject:
Title
Waive Town of Vienna Development Fees - New Library and Parking Garage, and Temporary Library Location In Vienna
Body
DATE(S) OF PRIOR COUNCIL CONSIDERATION OF THIS ISSUE:
The Town Council has had many discussions about Fairfax County’s plan to build a new library and parking garage on the site of the current Patrick Henry Library, and the Town’s commitment to funding 84 additional parking spaces in the garage; but this is the first time that the Town Council is considering waiving Town of Vienna fees for this project.
EXPLANATION AND SUMMARY:
Project Background
Since 2018, the Town has collaborated with Fairfax County in the County’s plan to develop a new library facility at 101 Maple Ave. E. The property is currently the site of the Patrick Henry Library and associated surface parking. The new facility will include a new Fairfax County public library building, to be renamed the Vienna-Carter Library, and a public parking garage. The garage will serve the library but also has a component (84 spaces) that is funded by the Town of Vienna and the Northern Virginia Transportation Authority (NVTA) and will be used by the commuters.
Town Code and Development Fees
Fairfax County and its consultant architects and engineers are the development team, and they follow the same processes as any other developer in the Town. That is, they submit an application, which results in staff reviews and reviews by relevant boards, commissions and the Town Council. This project has required reviews by the Department of Public Works, Department of Parks and Recreation, and the Department of Planning and Zoning; and the Board of Architectural Review, the Planning Commission and the Town Council.
State Code
Waiving these fees is, under State law, a "gift" to the Fairfax County government. Making such a gift is authorized under Virginia Code Section 15.2-953.C., which states the following:
"C. Any locality may make gifts and donations of personal property and may deliver such gifts and donations to another governmental entity in our outside of the Commonwealth within the United States."
Steps requiring fees have been adopted into the Town Code by the Town Council and are detailed in two sections of the Town Code:
• Section 1-12. - Schedule of planning and zoning fees <https://library.municode.com/va/vienna/codes/code_of_ordinances?nodeId=PTIICOOR_CH1GEPR_S1-12SCPLZOFE>
• Section 1-13. - Schedule of public works fees <https://library.municode.com/va/vienna/codes/code_of_ordinances?nodeId=PTIICOOR_CH1GEPR_S1-13SCPUWOFE>
Town Fees Associated with this Project
The Public Works and Planning and Zoning departments have calculated the anticipated development fees for this library and garage project. They are as follows:
101 Maple Avenue East Construction
Department of Public Works (DPW) Estimates
• $3,000 DFU (Drainage Fixture Units)
• $1,944 Construction General Permit
• $600 for E&S Inspections
• $100 Sewer Tap Inspection
• $600 Water Tap Inspection
• $297.50 Right of Way Permit
Total Estimated DPW Fees: $6,541.50.
Department of Planning and Zoning (DPZ) Estimates
• $6,000 Site Plan
• $4,000 Modifications of Requirements
• $585 Board of Architectural Review
• $100 Certificate of Occupancy
• $7,046 Building Permit
Total Estimated DPZ Fees: $17,731.
Total Estimated DPW and DPZ Fees for new library and parking garage: $24,272.50.
Temporary Library Location - Cedar Park Shopping Center
• $100 Certificate of Occupancy
• $821.75 Building Permit
Total Estimated DPZ fees $921.25.
Ø Total estimated DPW and DPZ Fees for new library, new parking garage, and temporary library location: $25,193.75.
Fairfax County Fees for Town Projects
The Town of Vienna does not have authority for all local government review of development. Fairfax County manages all inspections related to the building and fire codes.
When the Town of Vienna has managed construction projects in recent years, the Town has requested that Fairfax County waive the fees it would otherwise normally charge. The most recent example was for the new police station, which was completed in 2023. The budget for the police station included $400,000 for payment of fees. The Town made a formal request to Fairfax County that the fees be waived, and the Board of Supervisors approved this request. As a result, no fees were paid.
In 2015, Fairfax County Board of Supervisors waived the fees that would have been charged for the project to expand and upgrade the Town’s community center, in the areas of the filing fee, permit fee, building plan review resubmissions and inspections. (Fire Marshal review/inspection fees were not waived.)
The Town does intend to request such waivers in the future. For example, if the Town were to move forward with building a recreational pool and fitness center, the Town Manager has indicated that the plan would be to request that Fairfax County fees be waived for that project.
Town Council Potential Action
Because the fees outlined are in the Town Code, approved by the Town Council, Town staff members do not have the authority to waive those fees. Only the Town Council can take such action.
Staff estimates that the total fee waiver would be $25,193.75, which would be finalized as the project moves forward. Staff suggests that the Town Council consider authorizing a waiver in an amount that is greater than the current estimate, in case the fees are higher than current estimates. Staff suggests that the Town Council consider authorizing an amount up to $35,000.
Departmental Recommendation:
The Department of Planning and Zoning recommends that the Town Council authorize staff to waive fees related to the development of a new library and parking garage at 101 Maple Ave. E, and for a temporary library location in Vienna, of a total not to exceed $35,000.
Finance Recommendation: Recommend approval.
Town Attorney Recommendation: Because the waiver of administrative fees for this proposed project is technically the expenditure of funds and there is no formal procedure under the Town Code, the approval of the Town Council is required.
Town Manager's Recommendation: I recommend the Town Council recommend that the Town waive all fees related to the construction of a new public library and parking garage at 101 Maple Avenue East, and for a temporary library location in Vienna, as presented.
Cost and Financing: $35,000
Account Number: various permit revenue accounts
Prior Funding Approval: Annual General Budget (Year), Amendments, CIP Budget (Year), or ARPA. N/A
Decision Needed by This date: Oct. 28, 2024
PROPOSED/SUGGESTED MOTION
Recommended Action
"I move to recommend that the Town waive all fees related to the construction of a new public library and parking garage at 101 Maple Avenue East, and for a temporary library location in Vienna, for a total amount not to exceed $35,000"
Or
Other action deemed necessary by Council.