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C. Applications for a change of use shall receive credit based on the existing use. <br />This credit is calculated by deducting the fee amount of the existing use from the fee of <br />the proposed use. <br />Section 11. TMC Section 16.28.080, "Annual Parks Impact Fee Updates," is hereby <br />established to read as follows: <br />16.28.080 Annual Parks Impact Fee Updates <br />Park impact fee rates shall be updated annually using the following procedures: <br />1. The Director of Parks and Recreation ("Director") shall use the Construction <br />Cost Index for Seattle (June -June) published by the Engineering News Record to <br />calculate annual inflation adjustments in the impact fee rates. The parks impact fees shall <br />not be adjusted for inflation should the index remain unchanged. <br />2. The impact fee rates, as updated annually per TMC Section 16.28.080(1), <br />shall be effective January 1, 2019, and on January 1 of each year thereafter, and a copy <br />shall be provided to the City Council. <br />Section 12. TMC Section 16.28.090 is hereby reenacted to read as follows: <br />16.28.08.0-090 Individual Project Parks Impact Fee Adjustments <br />A. The City may adjust a parks impact fee at the time the fee is imposed in order to <br />consider unusual circumstances in specific cases to ensure that impact fees are imposed <br />fairly. <br />B. In calculating the fee imposed on a particular development, the City shall permit <br />consideration of studies and data submitted by a developer in order to adjust the amount <br />of the fee. The developer shall submit an independent fee calculation study to the Director <br />of Parks and Recreation, who shall review the study to determine that the study: <br />1. Is based on accepted impact fee assessment practices and methodologies; <br />2. Uses acceptable data sources and the data used is comparable with the <br />uses and intensities planned for the proposed development activity; <br />3. Complies with the applicable state laws governing impact fees; <br />4. Is prepared and documented by professionals who are mutually agreeable <br />to the City and the developer and who are qualified in their respective fields; and <br />5. Shows the basis upon which the independent fee calculation was made. <br />C. In reviewing the study, the Director of Parks and Recreation ("Director") may <br />require the developer to submit additional or different documentation. If an acceptable <br />study is presented, the Director e ' . or e - - _ e - may adjust the fee for the <br />particular development activity. The Director shall consider the documentation submitted <br />by the applicant, but is not required to accept such documentation that the Director <br />reasonably deems to be inaccurate or unreliable. <br />W: Word Processing\Ordinances\Parks Impact Fees -TMC 16.28 re-enacted strike-thru 11-6-17 <br />PM:bjs <br />24 <br />Page 6 of 12 <br />