HomeMy WebLinkAboutReg 2009-06-15 Item 7I - Ordinance - Amend Ord #2111 Vesting to Previous Traffic Impact Fees COUNCIL AGENDA SYNOPSIS
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ITEM NO.
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Meeting Date 1 Prepared by Mayor's review Council review
1 I 06/08/09 1 LV 1 A. L. 1 11.1'
Q �1 1 06/ 15/09 LV I I anti^ I 1
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ITEM INFORMATION
I CAS NUMBER: 09-084 I ORIGINAL, AGENDA DATE: JUNE 8, 2009
AG \D:\ ITI ?m Trrl11 An Ordinance amending Ordinance 2111 regarding vesting to previous traffic impact
fees if applicant is in formal negotiations on a development agreement
C.Vl IiGORY Discussion Motion Resolution Ordinance BidAniald Public Hearin?, Other
dltg Date 06/08/09 Mtg Date ilitg Date illtgDate 06/15/09 AN Date %Itg Date Al g Date
I SPC )NSt )R I I Council Mgyor Aoki Svcs ®DCD Finance Fire Legal P &R Police U PLY/
SPONSOR'S Ordinance 2111 contains a provision that vests an applicant to the previous traffic impact
SI'•`I.` \R 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 i i \\'i T) BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAIE: Tukwila South Project No Committee Review
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor recommends approval
CC )MMI1TEE
COST IMPACT FUND SOURCE
E \PI \DI11'RI REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Continents:
1 MTG. DATE 1 RECORD OF COUNCIL ACTION
1 06/08/09 'Forward to Next Regular Meeting
06/15/09 1
1 1
1 1
MTG. DATE I ATTACHMENTS
06/08/09 1 Informational Memorandum dated 06/08/09
Ordinance #2111
Ordinance in draft form
06/15/09 1 0rdinancP in Final Form• with suggested changes from 6/8/09 meeting.
1
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2111 &1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE 9.48.140, REGARDING
CRITERIA FOR VESTING TO PREVIOUS TRAFFIC IMPACT FEES;
PROVIDING FOR SEVERABILITY; 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 for development agreements that were in process at the time and with
La Pianta LLC for thc pu pcse c_`—ensofing that traffic impact _fees applicable to the
Tukwila South Projcct would not be changed at that point in thc negotiations
WHEREAS, in the spring of 2009, thc City concluded a development agreement—with
La Pianta LLC and as part of thc negotiations, La Pianta LLC a
removing any need for TMC 9.18.110(2); and
WHEREAS, development agreements that were then pending have now been
concluded; 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 Ns. 2111 is hereby amended
K.
traffic impact fees snly if they meet one of the following two criteria:
Section 1. Ordinance Amended. Ordinance No. 2111, as codified at TMC 9.48.140, is
hereby amended to read as follows:
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:
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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 25 70B.170 through 36.
23. 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-
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:
Effective Date:
Office of the City Attorney Ordinance Number:
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2111 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE 9.48.140, REGARDING
CRITERIA FOR VESTING TO PREVIOUS TRAFFIC IMPACT FEES;
PROVIDING FOR SEVERABILITY; 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 for development agreements that were in process at the time; and
WHEREAS, development agreements that were then pending have now been
concluded; 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. Ordinance Amended. Ordinance No. 2111, as codified at TMC 9.48.140, is
hereby amended to read as follows:
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. 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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LV:ksn 06/10/2009 Page 1 of 2
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 CfIY 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:
Effective Date:
Office of the City Attorney Ordinance Number:
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