HomeMy WebLinkAboutTrans 2010-08-16 COMPLETE AGENDA PACKETItem
1. Current Agenda Review
11. Presentation(s)
111. Business Agenda
A. Ordinance No. 2111 Amendment
Concurrency Standards Transportation Impact Fees
IV. Old Business
Committee Goal:
City of Tukwila
Transportation Committee
Verna Seal, Chair
Joan Hernandez
De'Sean Quinn
AGENDA
I.
11.
IV.
Distribution: B Giberson
Seal F Iriarte
J Hernandez R. Tischmak
D Quinn P Brodin
D Robertson G Labanara
Mayor Haggerton C Knighton
S Lancaster P Lau
K. Matej M. Mathia
D Speck S Anderson
C O'Flaherty S Hunstock
M. Hart J Pace
S Norris J Harrison
S Kerslake N Olivas
MONDAY, AUGUST 16, 2010
Time: 5:00 PM Place: Conference Room #1
Recommended Action
Future Agendas:
R. Still
M. Miotke
J Trantina
C Parrish
B Arthur
File Copy
Single side to Ana
2 Extra Copies
e -mail cover to
B Saxton, M. Hart,
C O'Flaherty, D
Almberg- Dideon, S
Norris and S Kirby
A. Forward to 8/23/10 C.O.W Pg. 1
and 9/7/10 Regular
Next Scheduled Meeting: Tuesday, September 7, 2010 (DUE TO LABOR DAY HOLIDAY)
Establish a process to provide updates to Council on issues that are brought forward at Council meetings
during citizen comment opportunities.
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Please contact the Public Works Department at 206- 433 -0179 for assistance.
f Page
City of Tukwila
Attachments Draft Ordinance
INFORMATIONAL MEMORANDUM
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Jim Haggerton, Mayor
TO Mayor Haggerton
Transportation Committee
FROM Public Works Director,
DATE: August 11, 2010
SUBJECT Amendment to TMC 9.48 Concurrency Standards and Transportation Impact Fees
ISSUE
Amend certain sections of TMC 9 48 to clarify time of payment, appeals process sections, and remove
exemption and vesting clauses
BACKGROUND
In December 2005, the City Council passed Ordinance 2111 adopting a revised chapter in the Tukwila
Municipal Code regarding traffic concurrency standards and a new impact fee process This change was
a dramatic departure from previous levels of service standards and mitigation fee structure
ANALYSIS
Since the implementation of the current Transportation Impact Fee (TIF) ordinance, staff has found a few
sections which need clarification or modification to reflect current conditions.
Section 9.48.040, Calculation of Impact Fees, has established a 12 month vacancy rule for establishing
when existing uses can and cannot get trip credits for existing /previous uses The current economic
climate has resulted in longer than typical vacancies and staff is investigating alternative language to
better reflect today's needs The interim solution is removal of the 12 month vacancy rule.
Section 9 48 060, Time of Payment of Impact Fees, has a minor typographical correction
Section 9 48 120, Appeals, has been modified to simplify and clarify the appeals process The current
language refers all appeals to the Hearing Examiner using the appeals process established for zoning
code and land use appeals Application of that appeal process, as defined in TMC 18 108 020, has
proven to be unclear and overly cumbersome.
Sections 9.48.130 -140, Exemptions and Vesting, are repealed entirely. Exemptions are being removed
as there has been some confusion on the use of exempting non residential developments that are
categorically exempt from SEPA. It is the intent that any new development or redevelopment which
generates new P M peak hour trips will be subject to payment of an impact fee Development
agreements (DA's) can be entered into between the City and the developer which establishes, among
other items, the assessment of impact fees. DA's supersede the Tukwila Municipal Code The vesting
clause was developed specifically for the La Pianta and Westfield developments who were both in active
Development Agreement negotiations with the City Both Development Agreements have been finalized
and no other new development can be eligible for the vesting detailed in TMC 9 48.140
RECOMMENDATION
The Council is being asked to approve the draft Ordinance to amend Ordinance No 2111 for
Concurrency Standards and Transportation Impact Fees and consider this item at the August 23, 2010
C 0 W. and September 7, 2010 Regular Council meeting
RAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE 2111 (PART) AS CODIFIED
AT TUKWILA MUNICIPAL CODE CHAPTER 9.48, REGARDING
CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, the City Council desires to provide greater clarity to Tukwila
Municipal Code (TMC) Chapter 9.48 (Concurrency Standards and Transportation
Impact Fees) by amending certain sections relating to definitions (TMC Section
9 48.010), the calculation of impact fees (TMC Section 9.48.040), the time of payment of
impact fees (9.48.060), and appeals of impact fees (9.48.120); and
WHEREAS, the City Council further desires to repeal TMC Sections 9.48.130 and
9.48.140 relating to exemptions and vesting, respectively;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 9.48.020 (Definitions) Amended. Tukwila Municipal
Code Section 9.48.020 (Definitions) is hereby amended to read as follows:
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 goverrunental agency, municipa]ity, or sirnilar 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 sr ;.::mac: development in accordance
with the labs, rules, and other regulations in effect at the tin emit
applic -etion is deemed complete.
Section 2. TMC Section 9.48.040 (Calculation of Impact Fees) Amended. Tukwila
Municipal Code Section 9.48.040 (Calculation of Impact Fees) is hereby amended to read
as follows:
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
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 1TP Trip Generation Manual. If the proposed development activity
concerns art existing use, the fee shall be based on net new trips generated by the
redevelopment. If an cxistinl,= -1 nilding has not been tined for its ;ded- ptn'pose -er
lias-been -vaeant fortwelvc months -or -more preceding application, no credit for existing
trips shall be given:
Section 3. TMC 9.48.060 (Time of Payment of Impact Fees) Amended. Tukwila
Municipal Code Section 9.48.060 (Time of Payment of Impact Fees) is hereby amended
to read as follows:
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 ele -full 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.
Section 4. TMC 9.48.120 (Appeals) Amended. Tukwila Municipal Code Section
9.48.120 (Appeals) is hereby amended to read as follows:
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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.
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, pu-rsuant to th'z. Seetioi
Such appeal shall be a closed record appeal.
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 Clerk a notice of
appeal givii 1 an accompanying appeal fee, as set forth
in the existing fee schedule for land use decisions.
E. Appeal&—viatier this chapter will be plmessed in ac -c-er anee —wwith the
1p1eeec4:lr257r:_t- forth &020:
E. Notices of anneal shall contain the following information:
1. The name of the appealing party;
2. The address and phone number of the appealing party; and
3. A statement identifying the decision being appealed and the alleged errors
in that decision. The notice of appeal shall state specific errors of fact or errors in the
application of the law to the facts presented and shall also state the relief sought. The
scope of the appeal shall be limited to issues raised in the notice of appeal.
Section 5. Repealer. Ordinance No. 2111 §1 (part) as codified at TMC Section
9.48.130 and 9.48.140 is hereby repealed.
Section 6. 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 7. 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 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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