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HomeMy WebLinkAboutReg 2004-08-02 Item 5B - Ordinance - Traffic Concurrency Standards Amendment C ) UNCIL A GEN£ i" SYNOPSIS M#~n~ Date Prepared ~ May~evie~v Coundl review ?126/o48/2/o4 CKc~ ///~_j ITEM INFORMATION CAS NUMBER: 04-106 IORIGINALAGENDADATE: 3ULY26~ 2004 AOE~A I~M Trr~ Adopt Ordinance amending Traffic Concurrency Standards as codified at TI~IC 9.48.160 Credit to Developer ' CATEGOI~Y [] Disc,aMen [] Moiion [] Resolution ~ Ordinance [] Bid M~vard [] Public Headng [] Other M~g Dat~ 7/26/04 M~g Date M~g Date M~g DateS/2/04 Mtg Date Mtg Date Meg Dau SPONSOR [] Coundl [] Mayor [] Adm Sv~r [] DCD [] Finance [] Fire [] Legal [] Pff-~R [] Peace [] PW SPONSOR'S Recen~ legal challen§e$ to the Cita/'$ Cencurreno/Ordinance, specifically to the impa~ S~Y mitigation lee methodology, created a need for Tuk~ila to modi~ the Concurreno/Ordinance ¢rbl¢ g.48) and update the Mitigation Fee ii~. The modifications and updates ~ere eppreued in r~a¥ 2oo4. A ne~ for a clarification to the lenguage granting credit to developers he$ forth amending TMC 9.48,160 Credit to Developer. REVIEWED BY ~ COW Mtg. [] CA&P Crate [] F&S Cmte [] Transportation Crate (i[~] Utilities Cmte [] Arts Comm. [] Parks Comm. [] Planning Comm. ~DATE: July 26~ ~004 RECOMMENDATIONS: Amend the Traffic Concurrency Standards {TlqC 9.48,160) SeoNsoa/ADMm..Recemmend..to COW for discussion COMMITI'Iff, E ' IcosT IMPACT / FUND SOURCEI EXPENDITURE REQUUU~D AMOUNT BUDGETED .~PROPRIATION REQUU~ED Fund Source: Comment~: t4TG, RECORD OF COUNCIL ACTION J.I/24/03 5/o3/04 Adopted Ordinance #2043 7/26/04 D~scussed amendment to 0ed. 2043 at C0t~: forwarded to 8/2 Reg. ~lt§. MTG. DATE ATTACHMENTS 7/26/04 Information Hemo Ordinance 8/2/04 0rd~nance ~n final form. \\tuk2\vol 1 \pubworks\cyady\concurrency & impact fees\cas transp concurrency & impact fees 7-26-04.doc Ot 0 io City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE Na 2043, AS CODIFIED AT TMC 9.48.160, "CREDIT TO DEVELOPER," REGARDING TUKWILA'S TRAFFIC CONCURRENCY STANDARDS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Qty of Tukwila seeks to ensure that State- mandated standards for concurrency in existing facilities and new development are met and WHEREAS, the City of Tukwila seeks to ensure that new development is fairly assessed a proportionate cost of new infrastructure required to serve the new development NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: v Section 1. Ordinance Amended. Ordinance No 2043, as codified at TMC Chapter 9.48.160, "Credit to Developer," is hereby amended to read as follows: 9.48.160 Credit to Developer 1 A developer is entitled to a credit against a Transportation Impact Fee for the value of land dedicated for, improvement to, or new construction of any system improvements provided by the developer, to facilities that are identified in the capital facilities element and that are required by the City as a condition of approving the development activity. w'• Section 2. Severability. If any section, subsection, paragraph, sentence, clause or ttet 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 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 2004• ATTEST /AUTHENTICATED: H Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk APPROVED AS TO FORM BY: Passed by the City Council: Published- Effective Ds +A• Office of the City Attorney Ordinance Number Traffic Concurrency 7/29/04 1 Of 1