HomeMy WebLinkAboutCOW 2004-07-26 Item 3C - Ordinance - Traffic Concurrency Standards Amendment COUNCIL AGENDA SYNOPSIS
J,�`Y'11m, i,1.
r s 0 1 _!nide& ITEM NO.
�1,,, z G) Meeting Date Prepared by May view 1 Council review 1
4 p 1 7/26/04 1 CK `J to /,t f/ 1
,Nk 1 1 Lj 1 1 1 C
rsos 1 1 1 1 1
1 1 1
ITEM INFORMATION
CAS NUMBER: 04-106 'ORIGINAL AGENDA DATE: JULY 26, 2004
AGENDA ITEM TITLE Adopt Ordinance amending Traffic Concurrency Standards as codified at
TMC 9.48.160 Credit to Developer
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/26/04 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Ma
Adm Svcs DCD Finance Fire Legal Pd9'B Police
SPONSOR'S Recent legal challenges to the City's Concurrency Ordinance, specifically to the impact
SUMMARY mitigation fee methodology, created a need for Tukwila to modify the Concurrency Ordinance
(TMC 9.48) and update the Mitigation Fee list. The modifications and updates were approved in
May 2004. A need for a clarification to the language granting credit to developers has come
forth amending TMC 9.48.160 Credit to Developer.
REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: July 26, 2004
RECOMMENDATIONS: Amend the Traffic Concurrency Standards (TMC 9.48.160)
SPONSOR /ADMIN. Recommendto COW for discussion
COMMITTEE
ICOST IMPACT FUND SOURCE'
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. RECORD OF COUNCIL ACTION
11/24/03
5/03/04 Adopted Ordinance #2043
1 MTG. DATE ATTACHMENTS
7/26/04 Information Memo
Ordinance
6tuk2 \volt \pubworks \cyndy \concurrency impact fees \cas transp concurrency impact fees 7- 26- 04.doc
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director/~)
Date: luly 21, 2004
Subject: Transportation Concurrency Ordinance Amendment
ISSUE
Amend the Concurrency Ordinance TMC 9.48.160 Credit to Developer.
BACKGROUND
Recent legal challenges to the City's Concurrency Ordinance, specifically to the impact
mitigation fee methodology, created a need for Tukwila to modify the Concurrency Ordinance
(TMC 9.48) and update the Mitigation Fee list. The modifications and updates were approved
in May 2004.
ANALYSIS
A need for a clarification to the language granting credit to developers has come forth. As the
language exists today, developers could be given credit for virtually any transportation-related
improvements made as part of the development activity, including projects not to the benefit or
desire of the City. The current language has lead to a misinterpretation of the city's intent with
regards to what should qualify as a credit. Staff is proposing revising the language to reflect
that of the state law (RCW 82.02.060).
Credit to the developer, with this proposed change, could be granted for land dedication and
improvement or construction toward system improvements that are both part of the City's
Capital Facilities Element and are required by the City as a condition of approval.
RECOMMENDATION
Review the proposed ordinance change and refer to full Council for adoption.
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 City of Tukwila seeks to ensure that State-mandated standards for
e,H' concurrency in existing facilities and new development are met and
f. 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:
4 Section 1. Ordinance Amended. Ordinance 2043, as codified at TMC Chapter
9.48.160 "Credit to Developer," is hereby amended to read as follows: by
9.48.160 Credit to Developer
A develn caa:itled a c is ass. :flo'ca Taalsportation ImpactFee
IIa ma uediCa::vaa va land its, aua w w start wamSUCuvu a,a any
Transportation System fupa nca.ca.c provided by the developer- tv- the-ci a, as
cundiliun of ayytuvel of the Development Activity.
A davelnrar it entitled to a rrnel if against a Transportation Impact Foe fnr the value
of land dedicated fer 'niprnvement tn, or 1101 ronatrur+inn of axe, el,cf
improvements prnvided by the develnpo to facilities that are identified in the capital.
facilities element and that are required by this City ac rnnditinn of apprnlnng g
1 development activity
it>
Section 2. 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 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:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
i :s.•
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.
7rafboconeunency 7 /204 1 of 1