HomeMy WebLinkAboutOrd 2111 - Concurrency Standards and Transportation Impact FeesCity of'Tukwila
Washington
Cover page to Ordinance 2111
The full text of the ordinance follows this cover page.
AN ORDINANCE OF 'rHE CITY COUNCIL, OF THE CITY O,F TUKWILA,
WASHINGTON,, REGARL)ING CONCURRENCY STANDARDS XND
TRANSPORTATION IMPACT FEES; REPEALING ORDINANCE NO,. 2043,
PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE
DArE.
Ordinance 2111 was amended or repealed by the
following ordinances.
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C ity of u la
Washington
Ordinance No. 2111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REGARDING CONCURRENCY STANDARDS AND
TRANSPORTATION IMPACT FEES; REPEALING ORDINANCE NO. 2043;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila has adopted a Comprehensive Plan pursuant to the
Growth Management Act of the State of Washington and RCW 36.70A, which includes as
part of the Transportation Element of the Comprehensive Plan elements relating to traffic
impacts and necessary mitigation; and
WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development
activity as part of the financing for public facilities, including transportation facilities; and
WHEREAS, the City Council of the City of Tukwila has adopted a Transportation
Element of its Comprehensive Plan, including transportation facilities, and desires to
provide funding for said plan through the imposition of development impact fees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Concurrency Standards and Transportation Impact Fees Amended.
Ordinance No. 2043, as codified at Tukwila Municipal Code Chapter 9.48, is hereby
amended to read as follows:
CHAPTER 9.48
CONCURRENCY STANDARDS AND
TRANSPORTATION IMPACT FEES
Sectinps:
9.48.010 Authority and Purpose
9.48.020 Definitions
9.48.030 Imposition of Transportation Impact Fees
9.48.040 Calculation of Impact Fees
9.48.050 Credit
9.48.060 Time of Payment of Impact Fees
9.48.070 Adjustments
9.48.080 Establishment of Impact Fee Account
9.48.090 Use of Impact Fees
9.48.100 Plan and Fee Update
9.48.110 Refunds
9.48.120 Appeals
9.48.130 Exemptions
9.48.140 Vesting
9.48.150 Authority Unimpaired
9.48.160 Relationship to SEPA
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9.48.010. Authority and Purpose.
A. Authority. The City of Tukwila's impact fee financing program has been
developed pursuant to the City of Tukwila's police powers, the Growth Management Act
as codified in Chapter 36.70A of the Revised Code of Washington (RCW), the enabling
authority in RCW Chapter 82.02, RCW Chapter 58.17 relating to platting and subdivisions
and the State Environmental Policy Act (SEPA), and RCW Chapter 42.12C.
B. Purpose. The purpose of the financing plan is to:
1. Develop a program consistent with Tukwila's Comprehensive Plan, the Six
Year Transportation Program and the Capital Improvement Program, for joint public and
private financing of transportation improvements necessitated in whole or in part by
development within the City of Tukwila;
2. Ensure adequate levels of transportation and traffic service consistent with
the level of service identified in the Comprehensive Plan;
3. Create a mechanism to charge and collect fees to ensure that new
development bears its proportionate share of the capital costs of transportation facilities
necessitated by new development; and
4. Ensure fair collection and administration of such transportation impact fees.
C. The provisions of the City of Tukwila's impact fee ordinance shall be liberally
construed to effectively carry out its purpose in the interests of the public health, safety
and welfare.
9.48.020. Definitions. The words and terms contained in this chapter shall have the
following meanings for the purposes of this chapter, unless the context clearly requires
otherwise. Terms or words not defined herein shall be defined pursuant to RCW
82.02.090 when given their usual and customary meaning.
1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990,
First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991,
First Special Session, as now in existence or hereinafter amended.
2. "Building permit" means an official document or certification of the City of
Tukwila issued by the City's building official which authorizes the construction,
alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection,
placement, demolition, moving, or repair of a building or structure.
3. "City" means the City of Tukwila, Washington.
4. "Development" means the construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any structure that requires a building
permit.
5. "Development activity" means any construction of a building or structure
that creates additional demand and need for transportation facilities.
6. "Development approval" means any written authorization from the City,
which authorizes the commencement of the "development activity."
7. "Letter encumbered" means to reserve, set aside, or earmark the impact fees
in order to pay for commitments, contractual obligations, or other liabilities incurred for
the provision of transportation facilities.
8. "Fee payer" is a person, corporation, partnership, an incorporated
association or governmental agency, municipality, or similar entity commencing a land
development activity, which requires a building permit and creates a demand for
additional facilities.
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9. "Impact fee" means the payment of money imposed by the City on
development activity pursuant to this chapter as a condition of granting development
approval, in order to pay for the transportation facilities needed to serve new growth and
development that is a proportionate share of the cost of the capital facilities that is used
for facilities that reasonably benefit new development. Impact fees are independent of a
permit fee, an application fee, a concurrency test fee, and the administrative fee for
collecting and handling impact fees or cost of reviewing independent fee calculations.
10. "Owner" means the owner of record of real property, as found in the records
of King County, Washington, or a person with an unrestricted written option to purchase
property; provided, that if the real property is being purchased under a recorded real
estate contract, the purchaser shall be considered the owner of the property.
11. "Proportionate fair share" means that portion of the cost for transportation
facility improvements that are reasonably related to the service demands and needs of
new development.
12. "Vested" means the right to develop or continue development in accordance
with the laws, rules, and other regulations in effect at the time the building permit
application is deemed complete.
9.48.030. Imposition of Transportation Impact Fees.
A. The City hereby authorizes the assessment and collection of impact fees on
development activity at the rates set forth in Attachment A, incorporated herein by this
reference.
B. Transportation impact fees imposed by this chapter:
1. Shall only be imposed for system improvements that are reasonably related
to the new development;
2. Shall not exceed the proportionate fair share of the costs of system
improvements that are reasonably related to the new development;
3. Shall be used for the system improvements that will reasonably benefit new
development;
4. May be collected and spent only for system improvements, which are
provided for in the transportation element of the Capital Improvement Plan and
Comprehensive Land Use Plan;
5. Shall not be used to correct existing transportation system deficiencies as of
the date of adoption of this chapter; and
6. Shall be collected only once for each development, unless changes or
modifications to the development are proposed which result in greater direct impacts on
transportation facilities than were considered when the development was first approved.
9.48.040. Calculation of Impact Fees.
A. The method of calculating the transportation impact fees in this chapter
incorporate, among other things, the following:
1. The cost of public streets and roads necessitated by new development;
2. An adjustment to the costs of the public streets and roadways for past or
future mitigation payments made by previous development to pay for a particular system
improvement that was prorated to the particular street improvement;
3. The availability of other means of funding public street and roadway
improvements; and
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4. The methods by which public street and roadway improvements were
financed.
B. Fees for development shall be calculated based on their net new "p.m. peak hour"
trip generation rates as determined by the Public Works Director, or designee, applying
the ITE Trip Generation Manual. If the proposed development activity concerns an
existing use, the fee shall be based on net new trips generated by the redevelopment. If an
existing building has not been used for its intended purpose or has been vacant for twelve
months or more preceding application, no credit for existing trips shall be given.
9.48.050. Credit. A credit, not to exceed the impact fee otherwise payable, shall be
provided for the fair market value of any dedication of land for, improvement to, or new
construction of any system improvements provided by the developer, to facilities that are
identified in the Capital Improvement Program and that are required as a condition of
approving the development activity. The determination of "value" shall be consistent
with the assumptions and methodology used by the City in estimating the capital
improvement costs.
9.48.060. Time of Payment of Impact Fees.
A. The impact fees imposed pursuant to this chapter shall be assessed by the City at
the time of the application for the development permit, and shall be due and payable in
whole at the time of issuance of such permit. The fee paid shall be the amount in effect as
of the date of the permit issuance.
B. Impact fees may be paid under protest in order to obtain a permit or other
approval of development activity.
9.48.070. Adjustments.
A. The amount of fee to be imposed on a particular development may be adjusted
by the Public Works Director, giving consideration to studies and other data submitted by
the developer demonstrating by clear and convincing evidence that an adjustment should
be made in order to carry out the purposes of this chapter.
B. The Public Works Director shall review the study to determine if the adjustment
request:
1. Is based on accepted impact fee assessment practices and methodologies;
2. Uses acceptable data sources and if the data used is comparable with the
uses and intensities planned for the proposed development activity;
3. Complies with the applicable State laws governing impact fees;
4. Is prepared and documented by professionals who are mutually agreeable to
the City and the developer and are qualified in their respective fields; and
5. Shows the basis upon which the independent fee calculation was made.
C. In reviewing the study, the Public Works Director may require the developer to
submit additional or different documentation. If the Public Works Director agrees with
the study's findings, an adjustment to the impact fee will be made. If a compelling case
has not been made, the developer shall pay the full impact fee amount.
D. A developer requesting an adjustment or independent fee calculation may pay
the impact fees imposed by this chapter to obtain a building permit while the City
determines whether to partially reimburse the developer by making an adjustment or
accepting the independent fee calculation.
9.48.080. Establishment of Impact Fee Account. Impact fees received pursuant to
this chapter shall be earmarked and retained in special interest bearing accounts. All
interest shall be retained in the account and expended for the purpose or purposes for
which the impact fees were collected.
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9.48.090. Use of Impact Fees.
A. Pursuant to this chapter, impact fees shall be used for facilities that will
reasonably benefit the City and its residents.
B. Fees shall not be used to make up deficiencies in City facilities serving an existing
development.
C. Fees shall not be used for maintenance and operations, including personnel.
D. Traffic impact fees shall be used for but not limited to land acquisition, site
improvements, engineering and architectural services, permitting, financing,
administrative expenses and applicable mitigation costs, and capital equipment
pertaining to transportation systems and facilities.
E. Traffic impact fees may also be used to recoup public improvement costs
incurred by the City to the extent that new growth and development will be served by the
previously constructed improvement.
F. In the event bonds or similar debt instruments are or have been issued for system
improvements, impact fees may be used to pay the principal on such bonds.
G. Transportation impact fees shall be expended or letter encumbered for a
permissible use within six years of receipt, unless there exists an extraordinary or
compelling reason for fees to be held longer than six years. The Public Works Director
may recommend to the Council that the City hold fees beyond six years in cases where
extraordinary or compelling reasons exist. Such reasons shall be identified in written
findings by the Council.
H. The Finance Director shall prepare an annual report on the transportation impact
fee account showing the source and amount of all moneys collected, earned or received
and projects that were financed in whole or in part by transportation impact fees.
9.48.100. Plan and Fee Update. The impact fee may be updated annually to evaluate
the consistency of development density assumptions, estimated project costs and adjusted
for awarded grant funding, if any. Updates that result in a change in impact fees will be
reviewed by the City Council. Impact fee changes will only occur through an ordinance
requiring Council action.
9.48.110. Refunds.
A. A developer may request and shall receive a refund when the developer does not
proceed with the development activity for which transportation impact fees were paid,
and the developer shows that no impact has resulted.
B. The developer must submit a request for a refund to the City in writing within
one year of the date the right to claim the refund arises. Any transportation impact fees
that are not expended or encumbered within the time limitations established, and for
which no application for a refund has been made within this one -year period, shall be
retained and expended on any project identified in the Capital Improvement Plan.
C. In the event that transportation impact fees must be refunded for any reason,
they shall be refunded with interest earned to the applicant.
9.48.120. Appeals.
A. Any fee payer may pay the impact fees imposed by this chapter under protest in
order to obtain a building permit.
B. Appeals regarding traffic impact fees imposed on any development activity may
only be taken by the fee payer of the property where such development activity will
occur. No appeal shall be permitted unless and until the impact fee at issue has been
paid.
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C. Determinations of the Public Works Director or his designee, with respect to the
applicability of traffic impact fees to a given development activity, or the availability of a
credit, can be appealed to the City's Hearing Examiner pursuant to this Section.
D. An appeal shall be taken within 10 working days of payment of the impact fees
under protest or within 10 working days of the City's issuance of a written determination
of a credit or exemption decision by filing with the City a notice of appeal giving the
reasons for the appeal with an accompanying appeal fee as set forth in the existing fee
schedule for land use decisions.
E. Appeals under this chapter will be processed in accordance with the procedures
set forth in TMC 18.108.020.
9.48.130. Exemptions. Impact fees are generated from the formula for calculating the
fees as set forth in this chapter. The amount of an impact fee is determined by the
information contained in the adopted transportation element, as appended to the City's
Comprehensive Plan. All new development located in the City that generates net new
"p.m. peak hour" trips will be charged a traffic impact fee. The following exemptions
shall apply:
1. Any non residential project that is categorically exempt from SEPA pursuant
to TMC 21.04.080, .100, or .110.
2. Projects that will not generate net new traffic trips;
3. Should the City reduce or waive any impact fees, not subject to Section
9.48.070 Adjustments, of this chapter, as part of a negotiated developer's agreement, those
waived or reduced fees shall be paid from the City's funds.
9.48.140. Vesting. Applicants shall be vested under the laws, rules and other
regulations in effect prior to the effective date of this ordinance if they have, prior to the
effective date of this ordinance:
or
1. Submitted a building permit application that the City has deemed complete;
2. Entered into formal negotiations with the City for a specific project for a
development agreement in accordance with RCW 36.70B.170 through 36.70B.210; or
3. Have a signed agreement that is still in effect with the City addressing traffic
concurrency and impact fees.
9.48.150. Authority Unimpaired. Nothing in this chapter shall preclude the City
from requiring the fee payer to mitigate adverse and environmental effects of a specific
development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW
and or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise
of this authority is consistent with Chapters 43.21C and 82.02 RCW.
9.48.160. Relationship to SEPA.
A. All development shall be subject to environmental review pursuant to SEPA and
other applicable City ordinances and regulations.
B. Payment of the impact fee pursuant to this chapter shall constitute satisfactory
mitigation of those traffic impacts related to the specific improvements identified on the
project list.
C. Further mitigation in addition to the impact fee shall be required for identified
adverse impacts, appropriate for mitigation pursuant to SEPA, that are not mitigated by
an impact fee.
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D. Nothing in this chapter shall be construed to limit the City's authority to deny
development permits when a proposal would result in significant adverse traffic impacts
identified in an environmental impact statement and reasonable mitigation measures are
insufficient to mitigate the identified impact.
Section 2. Repealer. Ordinance No. 2043 is hereby repealed in its entirety.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OA TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 5TH DAY OF DECEMBER, 2005.
ATTEST/ AUTHENTICATED:
JANE E. CANTU CMC, City Clerk
APPROVED
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Steven M. Mullet, Mayor
Filed with the City Clerk. l
Passed by the Cit Council S- D
Published g 6) C
Effective Da +P• dZ `f CJ
Ordinance Number rte
Page 7 of 7
Cost per Trip
Land Uses
Residential
Single Family
Multi Family
Retirement Community
Nursing Home /Convalescent Center
Assisted Living
ATTACHMENT A
Impact Fee Schedule 2006
Unit of
Measure
Commercial Services
Drive -in Bank sq ft/GFA 1 $18.98
Walk -in Bank sq ft/GFA 1 $15 32
Day Care Center sq ft/GFA 1 $7.62
Library sq ft/GFA $3 48
Post Office sq ft/GFA $5.30
Hotel /Motel room $908.73
Service Station VFP $3,812.37
Service Station /Minimart VFP $2,627.55
Service Station /Minimart/Car Wash VFP $3,885.36
Carwash (Self- Serve) Stall
Movie Theater screen
Health Club sq ft/GFA
Racquet Club sq ft/GFA
Marina Berth
Commercial Institutional
Elementary School /Jr. High School student
High School student
University /College student
Church sq ft/GFA
Hospital sq ft/GFA
Commercial Restaurant
Restaurant sq ft/GFA $7.841
Fast Food Restaurant w/o drive thru sq ft/GFA $10.071
Fast Food Restaurant w drive /thru sq ft/GFA $12.891
Industrial
Light Industry/High Technology sq ft/GFA $1.921
Industrial Park sq ft/GFA $1.811
Warehousing /Storage sq ft/GFA $1.001
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles
Zone 1 Zone 2
1 1 $1,424.711 $1,345.461 $1,071 731 $807.07
dwelling 1 $1,361 181 $1,285.461 $1,023.941 $771.08
dwelling 1 $826.331 $780.371 $621.601 $468.10
dwelling 1 $291.101 $274.911 $218.981 $164 90
bed 1 $215.631 $203.641 $162.211 $122.15
dwelling 1 $183.291 $173.091 $137.881 $103.83
page 1 of 2
$17 92
$14.47
$7.20
$3.29
$5.00
$858 19
$3,600.31
$2,481.40
$3,669.24
$2,318.66 $2,189.69
$33,521.55 $31,656.97
$3 851 $3 64
$1.641 $1.54
$202 921 $191 64
$160.181
$107.82
$219 48
$0.941
$1.421
$151.27
$101.82
$207.27
$0.89
$1.34
$7 41
$9.51
$12 17
$1.82
$1.71
$0 95
Zone 3 Zone 4
$14.28
$11.52
$5.74
$2.62
$3.98
$683.59
$2,867.84
$1,976.56
$2,922.74
$1,744.20
$25,216.45
$2.90
$1.23
$152.65
$120 50
$81.10
$165.10
$0.71
$1.07
$5.90
$7.57
$9.70
$1.45
$1.36
$0 75
that can be fueled simultaneously)
$10.75
$8 68
$4.32
$1.97
$3.00
$514.78
$2,159 64
$1,488.46
$2,200.99
$1,313.48
$18,989.37
$2.18
$0.93
$114 95
$90.74
$61.08
$124 33
$0.53
$0.80
$4.44
$5.70
$7.30
$1.09
$1.02
$0.57
Cost per Trip
Land Uses
Commercial Retail
Shopping Center
up to 9,999 sq ft
10,000 sq ft- 49,999 sq ft
50,000 sq ft- 99,999 sq ft
100,000 sq ft- 199,999 sq ft
200,000 sq ft- 299,999 sq ft
300,000 sq ft- 399,999 sq ft
over 400,000 sq ft
Miscellaneous Retail Sales
Supermarket
Convenience Market
Nursery/Garden Center
Furniture Store
Car Sales New /Used
Auto Care Center
Quick Lubrication Vehicle Shop
Auto Parts Sales
Pharmacy(with Drive Through)
Free Standing Discount Store
Hardware /Paint Store
Discount Club
Video Rental
Home Improvement Superstore
Tire Store
Electronics Superstore
Commercial Office
Administrative Office
ATTACHMENT A continued
Impact Fee Schedule 2006
1
Unit of
Measure
sq ft/GLA
sq ft/GLA
sq ft/GLA
sq ft/GLA
sq ft/GLA
sq ft/GLA
sq ft/GLA
sq ft/GFA
sq ft/GFA
sq ft/GFA
sq ft/GFA
sq ft/GFA
sq ft/G FA
sq ft/GLA
Service Bay
sq ft/GFA
sq ft/GFA
sq ft/GFA
sq ft/GFA
sq ft/GFA
sq ft/GFA
sq ft/GFA
Service Bay
sq ft/GFA
Zone 1 Zone 2
1 $1,424.711 $1,345.461 $1,071.731 $807.07
$3.431
$3.011
$2.20
$2.15
$1.96
$2.32
$2.61
$1.19
$6.98
$12.10
$1.74
$0.18
$3.97
$1.55
$1,358.94
$2.74
$3.40
$2.40
$2.03
$4.10
$3.06
$1.62
$1,590.01
$2.55
$3.24
$2.84
$2.08
$2.03
$1.85
$2.19
$2.47
$1.12
$6.59
$11.43
$1.64
$0.17
$3.75
$1.46
$1,283.35
$2.59
$3.21
$2.27
$1.91
$3.87
$2.89
$1.53
$1,501.57
$2.41
$6.651 $6.281 $5.001
$6.651 $6.281 $5.001
$3.851 $3.641 $2.901
$2.921 $2.751 $2.191
$2.551 $2.401 $1.911
$2.391 $2.251 $1.791
$5.661 $5.341 $4.251
Zone 3 Zone 4
$2.58 $1.94
$2.26 $1.70
$1.65 $1.25
$1.62 $1.22
$1.47 $1.11
$1.75 $1.31
$1.97 $1.48
$0.89 $0.67
$5.25 $3.95
$9.10 $6.86
$1.31 $0.99
$0.13 $0.10
$2.98 $2.25
$1.17 $0.88
$1,022.26 $769.82
$2.061 $1.55
$2.561 $1.93
$1.811 $1.36
$1.521 $1.15
$3.081 $2.32
$2.301 $1.74
$1.221 $0.92
$1,196.081 $900.72
$1.921 $1.44
up to 9,999 sq ft1 sq ft/GFA
10,000 sq ft- 49,999 sq ftl sq ft/GFA
50,000 sq ft- 99,999 sq ftl sq ft/GFA
100,000 sq ft- 199,999 sq ftl sq ft/GFA
200,000 sq ft- 299,999 sq ftl sq ft/GFA
over 300,000 sq ft1 sq ft/GFA
Medical Office /Clinic 1 sq ft/GFA
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
page 2 of 2
$3.76
$3.76
$2.18
$1.65
$1.44
$1.35
$3.20,
SUMMARY OF ORDINANCE
No. 2111
City of Tukwila, Washington
On December 5, 2005, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2111, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, regarding
concurrency standards and transportation impact fees; repealing Ordinance No. 2043;
providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Special Meeting of December 5, 2005.
C_
JanO. Cantu, CMC, City Clerk
Published Seattle Times: December 9, 2005