HomeMy WebLinkAboutCOW 2009-06-08 Item 4I - Ordinance - Amend Ord #2111 Vest in Previous Traffic Impact Fees COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS Number: 09-084 'ORIGINAL AGENDA DATE,: JUNE 8, 2009
Ac;r.ND.\ III I TrlLr. An Ordinance amending Ordinance 2111 regarding vesting to previous traffic impact
fees if applicant is in formal negotiations on a development agreement
C. Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
illtg Date 06/08/09 AN Date itltg Date Al g Date 06/15/09 Mtg Date Mg Date lltg Date
Si e )NS( )R Council ®tlla}or Adm Svcs DCD Finance Fire Legal P &R Police f I P117
SPC>NSOR's Ordinance 2111 contains a provision that vests an applicant to the previous traffic impact
Si ?:\INIARY fees if the applicant is in formal negotiations on a development agreement with the City;
this provision is no longer needed because La Pianta has agreed to accept the traffic
impact fees that are current at the time a Tukwila South Project development application
is submitted to the City. Council is asked to adopt a new ordinance amending Ordinance
2111 by deleting TMC Section 9.48.140.2.
RI wI .wi BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIL: Tukwila South Project No Committee Review
RECOMMENDATIONS:
SPONSOR /ADMiN. Mayor recommends approval
C( )MIMITTEE
COST IMPACT FUND SOURCE
EPI ?NllI'1'URl? RI‘;QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Continents:
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
I 06/08/09 I
06/15/09
MTG. DATE I ATTACHMENTS
06/08/09 I Informational Memorandum dated 06/08/09
Ordinance #2111
Ordinance in draft form
06/15/09
kJ l 4 LA k ls-
o I% City of Tukwila
t
zi Jim Haggerton, Mayor
.n f2
190 INFORMATIONAL MEMORANDUM
TO: City Council
Mayor Haggerton
FROM: Lisa Verner, Project Manager
DATE: June 8, 2009
SUBJECT: Amending a portion of Ordinance 2111 Regarding Vesting to Traffic Impact Fees if
Applicant is in Formal Negotiations on a Development Agreement
ISSUE
Ordinance 2111 contains a provision that vests an applicant to the previous traffic impact fees if the
applicant is in formal negotiations on a development agreement with the City; this provision is no longer
needed.
BACKGROUND
Ordinance 2111 was adopted on December 5, 2005. It amends TMC Chapter 9.48. A new "Section
9.48.140. Vesting" is established. It allows applicants to be vested to the prior traffic impact fees if they
meet one of the following 3 criteria:
1. Submitted a building permit application that the City has deemed complete, or
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.
Item 2 above was included because the Administration believed the City was very close to concluding
negotiations on a development agreement with La Pianta LLC and did not believe the traffic impact fees
applicable to the Tukwila South Project should be changed at that point in the negotiations.
DISCUSSION
In Spring 2009, the Administration reached agreement on a Development Agreement with La Pianta
LLC. As part of the negotiations, La Pianta LLC agreed to accept the traffic impact fees that are current
at the time a development application is submitted to the City. Therefore, there is no longer any need
for TMC 9.48.140.2.
RECOMMENDATION
The Council is being asked to discuss this item at the Committee of the Whole meeting on June 8, 2009
and the subsequent June 15, 2009 Regular Meeting and adopt the ordinance amending Ordinance
2111 to delete TMC Section 9.48.140.2 (regarding traffic impact fees).
ATTACHMENTS
Ordinance 2111
Draft Ordinance amending Ordinance 2111
i
Y908
City of Tukwila
Washington
Ordinance No. 02
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, mcludmg 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
erh nn C
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
9.48100 Plan and Fee Update
9 48110 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 5817 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 jomt 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 mechaiusm 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 admirustration 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 m 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 meaiung
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, demohtion, 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 apphcation fee, a concurrency test fee, and the administrative fee for
collecting and handlmg impact fees or cost of reviewing independent fee calculations
10 "Owner" means the owner of record of real property, as found m 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 pernut
apphcation 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 tlus
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 m 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 nnprovements 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 pernut, 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 pernut 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
unpr engineering and architectural services, pernutting, 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 nnpact 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 m 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 m 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 m a change in nnpact 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 withm
one year of the date the right to claim the refund arises. Any transportation nnpact 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 m 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 m
order to obtain a building permit.
B Appeals regardmg 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 workmg days of the City's issuance of a written determination
of a credit or exemption decision by fihng 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 Iocated 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:
1 Submitted a building permit application that the City has deemed complete,
or
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 rrutigation pursuant to SEPA, that arc 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 perrruts when a proposal would result in significant adverse traffic impacts
identified in an environmental impact statement and reasonable nutigation 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 unconstitutionahty 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 O TUKWILA, WASHIiNGTON,
at a Regular Meeting thereof this 6 day of �i_ i 2005
fEST/ AUTHENTICATED
l I u T-g Steven M. Mullet, Mayor
E Cant, CMC, City Clerk
n Filed with the City Clerk. 2 y— Ds
APPROVED i F• M Y. Passed by the City Council /a
Published 2
Effective Date /a
Office of th y Attorr y, Ordinance Number 42'1
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1
ATTACHMENT A
Impact Fee Schedule 2006
Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4
Measure
Cost per Trip 1 1 $1,424 711 $1,345 461 $1,071 731 $807 07
Residential
Single Family dwelling $1,361 181 $1,285 461 $1,023 941 $771 08
Multi Family dwelling $826 331 $780 371 $621 601 $468 10
Retirement Community 1 dwelling 1 $291 101 $274 911 $218 981 $164 90
Nursing Home /Convalescent Center 1 bed 1 5215 631 5203 641 $162.211 5122 15
Assisted Living 1 dwelling 1 $183.291 8173 091 $137 881 $103 83
Commercial Services
Drive -in Bank sq ft/GFA $18 98 517 92 $14.28 $10 75
Walk -in Bank sq ft/GFA 815 32 $14 47 511 52 $8 68
Day Care Center sq ft/GFA S7 62 57.20 $5 74 54 32
Library sq ft/GFA $3 48 53.29 $2 62 $1 97
Post Office sq ft/GFA $5 30 $5 00 $3 98 53.00
Hotel /Motel room 5908 73 $858 19 $683 59 $514 78
Service Station VFP $3,812 37 $3,600 31 $2,867 84 $2,159 64
Service Station /Minimart VFP $2,627 55 $2,481 40 51,976 56 $1,488 46
Service Station /Minimart/Car Wash VFP $3,885 36 $3,669.24 $2,922 74 $2,200 99
Carwash (Self- Serve) I Stall $2,318 661 $2,189 69 $1,744.20 $1,313 48
Movie Theater 1 screen $33,521 551 531,656 97 $25,216 45 518,989 37
Health Club 1 sq ft/GFA $3 851 53 64 $2.90 52 18
Racquet Club 1 sq ft/GFA 1 81 641 $1 54 $1.23 $0 93
Marina 1 Berth 1 $202 921 $191 64 5152.65 $114 95
Commercial Institutional
Elementary School /Jr High School 1 student 1 $160 181 5151.27 $120 50 $90 74
High School 1 student 1 $107 821 5101 82 $81 10 $61 08
University/College 1 student 1 $219 481 $207.27 5165 10 5124 33
Church 1 sq ft/GFA 1 $0 941 50 89 $0 71 $0 53
Hospital 1 sq ft/GFA 1 $1 421 51 34 $1 071 50 80
Commercial Restaurant
Restaurant 1 sq ft/GFA 1 87.841 $7 41 55 901 $4 44
Fast Food Restaurant w/o drive thru 1 sq ft/GFA 1 510 071 $9 51 $7 571 $5 70
Fast Food Restaurant w drive /thru sq ft/GFA 1 $12.891 512 17 $9 701 $7 30
Industrial
Light Industry/High Technology 1 sq ft/GFA 1 $1 921 51 82 $1 451 $1 09
Industrial Park 1 sq ft/GFA 1 $1 811 $1 71 $1 361 51 02
Warehousing /Storage 1 sq ft/GFA 1 51 001 $0 95 $0 751 $0 57
GLA= Gross Leasible Area
GFA= Gross Floor Area
VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously)
page 1 of 2
ATTACHMENT A continued
Impact Fee Schedule 2006
Land Uses Unit of Zone 1 Zone 2 Zone 3 Zone 4
Measure
Cost per Trip I 1 $1,424.711 51,345 461 51,071.731 5807 07
Commercial Retail
Shopping Center
up to 9,999 sq ft sq ft/GLA 53 431 53.241 52 581 51 94
10,000 sq ft- 49,999 sq ft sq ft/GLA 53 011 $2.841 52.261 51 70
50,000 sq ft- 99,999 sq ft sq ft/GLA $2.201 $2 081 51 651 51.25
100,000 sq ft- 199,999 sq ft sq ft/GLA $2.151 52.031 $1 621 51.22
200,000 sq ft- 299,999 sq ft sq ft/GLA 51 961 $1 851 51 471 $1 11
300,000 sq ft- 399,999 sq ft sq ft/GLA $2.321 82.19 51 751 $1 31
over 400,000 sq ft sq ft/GLA 52 611 52 47 51 971 51 48
Miscellaneous Retail Sales sq ft/GFA $1 191 81 12 50 891 SO 67
Supermarket sq ft/GFA $6 981 $6 59 55.251 $3 95
Convenience Market sq ft/GFA 512.10 811 43 $9 101 $6 86
Nursery/Garden Center sq ft/GFA $1 74 $1 64 51 311 50 99
Furniture Store sq ft/GFA 50 18 $0 17 80 131 50 10
Car Sales New /Used sq ft/GFA 53 97 53 75 52.981 $2.25
Auto Care Center sq ft/GLA 81 55 51 46 81 171 50 88
Quick Lubrication Vehicle Shop Service Bay 51,358 94 $1,283 35 $1,022.261 $769 82
Auto Parts Sales sq ft/GFA 52.74 52.59 52 061 81 55
Pharmacy(with Drive Through) sq ft/GFA 83 40 53.21 $2.56j 51 93
Free Standing Discount Store sq ft/GFA $2.40 $2.27 51 811 51 36
Hardware /Paint Store sq ft/GFA 52 03 51 91 51 521 81 15
Discount Club sq ft/GFA 54 10 83 87 $3 081 $2.32
Video Rental sq ft/GFA 53 06 $2.89 52 301 51 74
Home Improvement Superstore sq ft/GFA 51 62 81 53 $1.221 80 92
Tire Store Service Bay $1,590 01 81,501 57 $1,196 081 $900 72
Electronics Superstore sq ft/GFA 52.55 52 41 $1 921 51 44
Commercial Office
Administrative Office
up to 9,999 sq ftl sq ft/GFA 56 651 $6.281 $5 001 $3 76
10,000 sq ft- 49,999 sq ftI sq ft/GFA 56 651 $6.281 $5 001 $3 76
50,000 sq ft- 99,999 sq ftl sq ft/GFA 53 851 53 641 82 901 $2 18
100,000 sq ft- 199,999 sq ftl sq ft/GFA $2 921 $2.751 52 191 $1 65
200,000 sq ft- 299,999 sq ftl sq ft/GFA 52 551 52.401 51 911 51 44
over 300,000 sq ftl sq ft/GFA 52.391 $2.251 51 791 $1 35
Medical Office /Clinic 1 sq ft/GFA 85 661 $5 341 $4.251 $3.20
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
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2111, AS CODIFIED AT
TUKWILA MUNICIPAL CODE 9.48.140, REGARDING CRITERIA FOR
VESTING TO PREVIOUS TRAFFIC IMPACT FEES; PROVIDING FOR
SEVERABILTTY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2111, adopted on December 5, 2005, amended TMC
Chapter 9.48, "Concurrency Standards and Transportation Impact Fees," to add a new
Section 9.48.140, "Vesting," allowing applicants to be vested to the previous traffic
impact fees if they meet one of the following three criteria:
1. Submitted a building permit application that the City has deemed complete, or
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; and
WHEREAS, TMC 9.48.140(2) was included in anticipation of the City concluding
negotiations on a development agreement with La Pianta LLC for the purpose of
ensuring that traffic impact fees applicable to the Tukwila South Project would not be
changed at that point in the negotiations; and
WHEREAS, in the spring of 2009, the City concluded a development agreement
with La Pianta LLC and, as part of the negotiations, La Pianta LLC agreed to accept the
traffic impact fees that are current at the time a development application is submitted to
the City, removing any need for TMC 9.48.140(2); and
WHEREAS, the City Council believes there is no further reason to include this
criterion in determining vesting to the previous schedule of traffic impact fees, and the
ordinance should be amended to remove TMC 9.48.140(2);
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Amendment of Ordinance 2111. Ordinance No. 2111 is hereby amended
by removing subsection 2 of TMC 9.48.140 to allow applicants to be vested to the prior
traffic impact fees only if they meet one of the following two criteria:
1. Submitted a building permit application that the City has deemed complete, or
2. Have a signed agreement that is still in effect with the City addressing traffic
concurrency and impact fees;
Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of
this ordinance, or its application to any person or circumstance, be declared
unconstitutional or otherwise invalid for any reason, or should any portion of this
ordinance be pre empted by state or federal law or regulation, such decision or pre-
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emption shall not affect the validity of the remaining portions of this ordinance or its
application to other persons or circumstances.
Section 3. 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 OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
F.ffective Date:
Office of the City Attorney Ordinance Number:
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