Montgomery City Council revokes Summit Business Park's permit fee exemptions, citing need for 'level playing field'

Montgomery City Council unanimously voted April 13 to rescind an exemption for the permit plan review fees for Summit Business Park, a master-planned business park located just north of downtown Montgomery. The development had not met prior build-out timeline expectations, and new city codes created a conflict with the exemption, according to city officials.

In 2014, the developer of Summit Business Park requested an exemption for its permit plan review fees, which City Council granted, City Administrator Richard Tramm said,

The development plans were for a total of 17 buildings and three building designs.

“The developer proposed to pay the adopted plan review fees for the first of each building type and then was to be charged the actual cost for the remaining 14 buildings,” Tramm said. “The premise of the request was the development would be built in a rapid timeline and the city building official would not need to conduct a thorough review of each building since they were identical to the recent submittal.”

However, the development is about 50% built out, Tramm said. The city also updated its building codes in 2019.

“The extended build-out timeline of the development coupled with updated building codes has created a situation where staff cannot adhere to both the adopted city building codes and the planned review fee granted by City Council seven years ago,” he said.

City staff recommended council rescind the exemption to allow for equal application for city regulations and a “level playing field for all builders and developers in the city,” Tramm said. The business park is the only developer that has been granted such an exemption from the city, according to Tramm.

Council voted to approve the item. Summit Business Park President Mike Ogorchock did not immediately respond to an email requesting a comment on the build-out timeline.