Loading...
HomeMy WebLinkAboutCAP 2008-12-08 Item 2C - Ordinances - Fire Impact Fees / Parks Impact Fees INFORMATION l\1EMORAl\TJ)Ul\1 To: Community Affairs and Parks (information) CC: Mayor Haggerton Rhonda BelTY FROM: Lisa Verner, Mayor's Office Nick Olivas, Fire Chief Rick Still, Deputy Parks Director DATE: December 3,2008 (REVISED) RE: FIRE AJ\TD PARKS IMP ACT FEES This information memorandum has been revised twice to address new information. One update is as of December 3 and one is as of December 2. The original document begins on page 5. 2ND REVISION l\TEW INFORMATION (as of December 3,2008) The Finance & Safety Committee reviewed impact fees for both fire and parks services at it's meeting on December 2, 2008. The Committee discussed a spreadsheet on impact fee payment examples (Attachment A), a memo from Derek Speck to Lisa Verner (Attachment B), and the Mayor's recommendations on impact fee (Attachment C). The Committee also addressed the following questions: 1. Do you want to adopt impact fees? 2. If yes, which projects do you want to include? What is the total cost? 3. Of the total cost, how much do you want to fund through impact fees and how much do you want the city to contribute? 4. For Parks, what is the split between residential and commercial land uses? The Finance & Safety Committee unanimously recommended the following: CAP Infonnation Memorandum December 3,2008 Page 2 of7 FIRE PARKS Capital Facilities List: Split: $6,479,500 90% - 10% Capital Facilities List: Split: $8,000,000 80% - 20% Fees Fees: SF MF Office Retail Industrial $ 922 $1,200 $1,624 $ 580 $ 127 SF MF Office Retail Industrial $1,426 $1,398 $ 837 $ 419 $ 262 The Committee reviewed the use ratio between residents and employees of 2.44-to-1 (as part of the park impact fee calculation) and forwarded it to COVI for discussion without making a recommendation. lVlavor's Recommendations The Mayor's recommendations on impact fees (Attachment B) were presented to the Finance & Safety Committee on December 2, 2008 and are as follows: FIRE PARKS Capital Facilities List: Split: $6,479,500 90% - 10% Capital Facilities List: Split: $8,000,000 80% - 20% Fees Fees: SF $ 922 SF $1,426 MF $1,200 MF $1,398 Office $1,624 Office $ 837 Retail $ 580 Retail $ 419 Industrial $ 127 Industrial $ 262 The revised list of Parks capital facilities projects and costs (which now total $8,000,000) is shown on the third page of Attachment B . CAP Information Memorandum December 3,2008 Page 3 of7 1 st REVISION - INCLUDED IN FINANCE & SAFETY PACKET FOR DECEMBER 2 INFORMATION AND COUNCIL QUESTIONS (as of December 2,2008) 1. Problem Statement The City of Tukwila expe,cts both commercial and residential growth through 2020. It has adopted a Parks level of service and will adopt a Fire level of service. In order to maintain the existing levels of service for growth and new development, the City must provide new park capital facilities and new fire capital facilities. The City's financial resources are not sufficient to fund the fire and parks capital f<:tcilities necessitated by ne\v growth. It needs to find additional revenue sources to help pay for these capital facilities over the next 12 years. 2. Redevelopment The ordinances are drafted to say that any new, additional square footage for which a building permit is issued will be assessed a fire and a parks impact fee. A change of use does not trigger the application of impact fees. So, if a warehouse adds a second floor and turns into an office building, the applicant pays impact fees based on the second floor square footage (new addition) but not on the original square footage. This holds even ifthere are more people on the first floor under the office use. HOV'lever, if the warehouse turns into an office use but does not add any more square footage, the applicant does not pay any fire or parks impact fees. Vlith respect to the City's existing traffic impact fees, the applicant is charged a traffic impact fee when the use changes, in addition to when new square footage is added. In the example above, the applicant would pay a traffic in1pact fee in both cases (with and without a new second floor, when the use changes). 3. Payment Examples Below are examples of fire and parks impact fee assessments for several development projects in Tukwila. The table shows what \vould have been paid at the time a building permit was issued if the City had adopted fire and parks impact fees. The calculations are based on total capital projects costs of$6,479,500 for Fire with a 90%-10% split and $8,000,000 for Parks with a 80%- 20% split between fees and city contributions. FIRE - $6,479,500 in capital projects (90%-10% split) Project Land Use Square Impact Fee per Impact Fee Category Footage/D\velling 1,000 gsf or per Assessment Units Dwelling Unit \Vig development! Retail 230,444 $580 $133,658 Southcenter Square Parkway Place Office I 66,000 $1,624 $107,184 16400 Southcenter Pkwy New Bank of America Office 7,451 $1,624 $12,100 building (at mall) CAP Infonnation Memorandum December 3, 2008 Page 4 of7 Tukwila Village Multi - 144 $1,200 $172,800 family Retail 52,000 $580 $30,160 Office 2,000 $1,624 $3,248 PARKS $11 250 000 . 't I . t (900;; 100;; lit) - , , III capl a proJec s 0- o SpJ Project Land Use Square Impact Fee per Impact Fee Category Footage/Dwelling 1,000 gsf or per Assessment Units Dwelling Unit Wig development! Retail 230,444 $662 $152,554 Southcenter Square Parkway Place Office 66,000 $1,325 $87,450 16400 Southcenter Pkwy New Bank of America Office 7,451 $1,325 $9,873 building (at mall) I Tukwila Village Multi - 144 $2,211 $318,384 family Retail 52,000 $662 $34,424 Office 12,000 $1,325 $2,650 4. Parks Capital Facilities List (Southgate Park) As a result of Council discussion at COvV on November 24, staff has taken Southgate Park off the list of Parks Capital Facilities to be funded by impact fees. This brings the total cost of the remaining projects to $11,250,000. A 90%-10% split means the impact fees fund $10,125,000 and the City must fund $1,125,000 from the General Fund. An 80%-20% split means the impact fees fund $9,000,000 and the City must fund $2,250,000 from the General Fund. 5. Parks Use Ratios The Use Ratio used in the Impact Fees formula was derived from an analysis of the pass holder's use for the past year. Every time a person uses their pass to use the Tuk\vila Community Center the computer collects that information. We were able to determine from this sampling that a resident uses their facility pass 2.44 times more than a business pass holder. Therefore, we are equating using a 1 :2.44 ratio in allocating impact fees. We \vill attempt to collect data in more areas of the Parks & Recreation Department Services for a larger sampling in the future. The City of Tukwila is unique with having 70% or more of its users of the Golf Course, Community Center and Pool being nomesidents. Our current and past residents have paid for the established or current Level-of-Service in the City. It makes sense that future residential and commercial growth pay for future needed Park, Recreation and. Open Space facilities to maintain this quality of life in the City of Tukwila. The City needs to have another funding mechanism for parks other than the General Fund or we will not be able to maintain our current level of service. CAP Information Memorandum December 3, 2008 Page 5 of7 PREVIOUS INFORMATION (November 18,2008) ISSUE Adopt an ordinance for Fire impact fees and an ordinance for Parks impact fees, both for funding of capital facilities needed by Fire services and Parks services due to anticipated new grmvth and development. BACKGROUND The Admin istration is evaluating new sources of revenue for the City. One such source is "impact fees" through which new development helps to pay for capital facilities necessitated due to the new growth: Mayor Haggerton 's goal is to analyze options and to adopt impact fees by the end of 2008. The Growth A1anagement Act allows impact fees for parks services and for fire services, in addition to the traffic impact fees the City has already enacted. In order to consider and adopt impact fees, the City needs to have adopted a Fire Master Plan and identified a level of service goalforfire services. The 2008 Fire jI.1aster Plan, the Mayor's recommendations on implementation, and the Level of Service for the Fire Department are scheduled for adoption by Council on December 1, 2008. The City also needs to have an adopted Parks master plan and identified level of service. The Parks, Recreation and Open Space Plan was adopted in June, 2008. The Parks Level of Service is scheLluled for adoption by the Council on November 17, 2008. Additionally, RCW 82.02.050 (4) says, in part: Impact fees rnay be collected and spent only for the public facilities defined in RCW 82.02.090 which are addressed by a capital facilities element of a comprehensive land use plan adopted pursuant to the provisions of RCW 36.70A.070... An ordinance to amend the Capital Facilities Element of the City's Comprehensive Plan is before the CO W on November 10 for public hearing and discussion. It is scheduled for adoption on December 1. Among other things, the amendment will incOlporate by reference the 2008 Fire jI.1aster Plan and the 2008 Parks, Recreation and Open Space Plan, as amended. The Parks LOS ordinance includes list of Parks capital projects (some of which will be paid for through impact fees) amends the Parks Plan and is scheduled for discussion at the November 10 COWandfor adoption on November 17. The Fire Master Plan, which includes Fire capital projects (some of which will be paid for through impact fees) is scheduled for adoption on December 1. Then the City will be consistent with RCW 82.02.050 (4). CAP Infoilllation Memorandum December 3,2008 Page 6 of7 A public hearing on impact fees is advertised for November 24, 2008. DISCUSSION The State Legislature authorized impact fees when it adopted the Growth Management Act in 1990 as one mechanism to help communities address growth. According to RCW 82.02.050 (1), it is the intent of the State Legislature: (a) To ensure that adequate facilities are available to serve new growth and development; (b) To promote orderly growth and development by establishing standards by fA/hich counties, cities, and towns rnay require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and (c) To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrmy fees or duplicative fees for the same impact. Impact fees can be assessed for traffic, parks, fire and schools. The City already assesses a traffic impact fee. The Mayor is asking the Council to consider assessing a parks impact fee and a.fire impact fee. NOlie of the school districts which serve Tuhvila have asked the City to collect a school impact fee on their behalf. Impact fees are used to provide funds for capital projects or capital facilities which are needed because of new growth. They are used to fund projects which maintain the same level of service for new growth as is provided for existing.development. They may not be used for projects which are needed due to current deficiencies in public facilities serving existing development. In essence, impact fees are a mechanism for "growth to pay for growth. " For consideration are two ordinances, onefor impactfeesforfire services and one impact fees for parks services. The text of the ordinances is similar. The ordinances address the fee formula, adjustments, credits, appeals, refunds and exemptions as well as use of the impact fees. Also, each ordinance includes a spreadsheet for calculating an impact fee and a list of projects for which the impact fee "l--vould be collected. Conceptually, the fee formula identifies the anticipated growth between 2009 and 2020 (12 years) in several land use categories and the cost of capital facilities needed to senJe that growth and divides the two. The variables include the request for service (either calls for fire/aid service per land use categOlY or amount of parks needed per resident) and the growth anticipated in each land use category. Because the City has a strong track record of both residents and employees using park facilities and fire services, an impact fee for commercial/industrial uses as well as an impact fee for residential uses is proposed. CAP Infonnation Memorandum December 3,2008 Page 7 of7 Attached are two pages of Options for impact fees (kind of a sensitivity analysis). One is for parks (Attachment A) and one is forfire (Attachment B). At the bottom of each sheet is information on the relevant impact fees assessed by other jurisdictions. Each Options page compares differing project totals, differing City contributions, and differing impact fees for several different land use categories. For example, the Parks Impact Fee. Options page shows $12,250,000 as the total amount of projects. Next it shows what the impact fees would generate over 12 years if impact fees paid for 90% of the total and what the City's 10% contribution would be. Below that is shown the impact fee per single family house, per multifamily dwelling unit, per 1,000 gsf of office use, per 1,000 gsf retail use and per 1,000 gsf of industrial use. The next block to the right shows the results of impact fees generating80% of the funds and the City contributing 20%. The block on the far right shows a 70%-30% split. Finally, the same 90%-10%/80%-20%/70%-30% splits are shown if$8, 750,000 is the total amount of the projects. The same kind of comparison is offered on the Fire Impact Fee Options page. Council members may choose which impact feelcity contribution split results in acceptable levels of impact fees. RECOMll1ENDATION · Adopt an ordinance which authorizes assessment of impact fees for capital facilities for Fire services needed due to new growth . Adopt an ordinance lvhich authorizes assessment of impact fees for capital facilities for Parks seniices needed due to new growth NOTE: ATTACHJ\1ENTS HAVE BEEN REVISED BASED ON THE NE'V INFORt'\1ATION; FOR OLD ATTACHJ\1ENTS. PLEASE REFER TO 11/24/08 PACKET Attachment A: Attachment B: Attachment C: Impact Fee Payment Examples (1 page) Memo from Derek Speck to Lisa Vemer (4 pages) Mayor's Recommendations (7 pages) Project Wig development/ Southcenter Square New Bank of America building (at mall) Tukwila Village Fidelity Office Bldg FIRE IMPACT FEES* Square Impact fee per Land Use Footage /Dwelli 1,000 gsf OR per Category ng Unit Dwelling Unit Retail 230,444 Office 7,451 Multi- family 144 Retail 52,000 Office 2,000 Office 7,200 Fire fees are split 90 -10 capital costs of $6,479,500 Parks fees are split 80 -20 capital costs of $8,000,000 $1,200 $580 $1,624 Impact Fee Assessment $580 $133,658 $12,100 $172,800 $30,160 $3,248 $11,693 $1,624 $1,624 PARKS IMPACT FEES TOTAL IMPACT FEES Impact fee per Fee as 1,000 gsf OR per Impact Fee Impact Fee Total Project of Total Dwelling Unit Assessment Assessment Cost Cost $419 $96,556 $230,214 $19,017,119 1.2% $837 $6,236 $18,337 $1,281,446 1.4% $1,398 $201,312 $430,982 $50,000,000 0.9% $419 $21,788 $837 $1,674 $837 $6,026 $17,719 $1,661,344 1.1% Attachment B City of Tukwila Jim Haggerton, Mayor Office of the Mayor 6200 Southcenter Boulevard Tukwila, WA 98188 www.ci.tukwila.wa.us Date: November 30,2008 To: Lisa Verner, Project Manager Copy: Mayor City Administrator Finance Director From: Economic Development Administrator Re: Impact Fees Effect on New Development I have attached two spreadsheets that estimate the cost of the proposed development impact fees relative to the cost of new construction and to a monthly lease rate. These estimates are very approximate and reflect a number of assumptions that are listed on the attachment. All assume a Fire Department project list totalling $6,479,500. Assuming the Parks Department list ofproiects totals $11,250,000: o As a percent of the cost of new construction, the impact fees would range from a low of . 0.4% to a high of 1.7%, depending on assumptions and product type. o As a percent of a monthly lease rate, the impact fees would range from a low of 0.5% to a high of 2.8%, depending on assumptions and product type. Assuming the Parks Department proiect list totals $6,750,000: o As a percent of the cost of new construction, the impact fees would range from a low of 0.3% to a high of 1.3%, depending on assumptions and product type. o As a percent of a monthly lease rate, the impact fees would range from a low of 0.4% to a high of2.0%, depending on assumptions and product type. I am not aware of any way to determine conclusively whether the proposed impact fees would cause us to lose new development. One significant factor to consider is how competive a particular product type is (e.g. retail or office). For example, I think our Southcenter area is strong in terms of retail compared to our competitors but we are in fairly tight competition for high quality office space. At the levels proposed, especially with the $6.75 million Parks project list, I think it is unlikely that we would lose development. Please contact me at 206-433-1832 or dspeck@ci.tukwila.wa.us if you have any questions. Impact Fees Comparisons to New Development Costs DRAFT 11/30/08 Based on assumptions: Parks $ 11,250,000 Fire $ 6,479,500 90% of cost paid by development impact fee 10% of cost paid by city Impact Fees Parks Fire Total Units SF $ 2,255 $ 922 $ 3,177 Dwell unit MF $ 2,211 $ 1,200 $ 3,411 Dwell unit Office $ 1,325 $ 1,624 $ 2,949 1,000 SF Retail $ 662 $ 580 $ 1,242 1,000 SF Industrial $ 414 $ 127 $ 541 1,000 SF $ 6,867 $ 4,453 $ 11,320 Comparision of Impact Fee to Cost of Development SF MF Office Retail Industrial Impact Fee Cost/Unit Units $ 3,177 dwelling unit $ 3,411 dwelling unit $ 2.95 square foot $ 1.24 square foot $ 0.54 square foot Typical Construction Cost Per Unit Low High $ 250,000 $ 500,000 $ 200,000 $ 300,000 $ 200 $ 300 $ 150 $ 300 $ 75 $ 150 Comparision of Impact Fee to Monthlv Lease Rate SF MF Office Retail Industrial Impact Fee Cost/Unit Units $ 3,177 dwelling unit $ 3,411 dwelling unit 2.95 square foot 1.24 square foot 0.54 square foot Typical Monthly Lease Rate Per Unit Low High N/A N/A $ 1,400 $ 1,800 $ 2.00 $ 2.50 $ 2.00 $ 3.00 $ 0.50 $ 0.75 Impact Fee % of Cost Low High 0.6% 1.3% 1.1% 1.7% 1.0% 1.5% 0.4% 0.8% 0.4% 0.7% Impact Fee Added To Lease N/A $38.62 $0.03 $0.01 $0.01 Impact Fee % of Lease Rate Low High N/A N/A 2.1% 2.8% 1.3% 1.7% 0.5% 0.7% 0.8% 1.2% Assumptions Lease rates are based on new construction. Multifamily lease rates assume 1,000 square foot, 2 bedroom apartment. Retail lease rates based on single story, surface parked, direct entry, box retail in Southcenter area. Calculation of impact fee added to lease assumes initial impact fee is amortized over a 10 year lease at 6% interest. Based on impact fee data Attachments A-2 and B-2 from staff report for F&S 12/2/08 revised version 12/1/09. Economic Development Analysis 1/1 Printed: 12/03/2008 6: 14 PM Impact Fees Comparisons to New Development Costs DRAFT 11/30/08 Based on assumptions: Parks $ 6,750,000 Fire $ 6,479,500 90% of cost paid by development impact fee 10% of cost paid by city Impact Fees Parks Fire Total Units SF $ 1,353 $ 922 $ 2,275 Dwell unit MF $ 1,327 $ 1,200 $ 2,527 Dwell unit Office $ 795 $ 1,624 $ 2,419 1,000 SF Retail $ 397 $ 580 $ 977 1,000 SF Industrial $ 248 $ 127 $ 375 1,000 SF $ 4,120 $ 4,453 $ 8,573 Comparision of Impact Fee to Cost of Development SF MF Office Retail Industrial Impact Fee Cost/Unit Units $ 2,275 dwelling unit $ 2,527 dwelling unit $ 2.42 square foot $ 0.98 square foot $ 0.38 square foot Typical Construction Cost Per Unit Low High $ 250,000 $ 500,000 $ 200,000 $ 300,000 $ 200 $ 300 $ 150 $ 300 $ 75 $ 150 Comparision of Impact Fee to Monthlv Lease Rate SF MF Office Retail Industrial Impact Fee Cost/Unit Units $ 2,275 dwelling unit $ 2,527 dwelling unit 2.42 square foot 0.98 square foot 0.38 square foot Typical Monthly Lease Rate Per Unit Low High N/A N/A $ 1,400 $ 1,800 $ 2.00 $ 2.50 $ 2.00 $ 3.00 $ 0.50 $ 0.75 Impact Fee % of Cost Low High 0.5% 0.9% 0.8% 1.3% 0.8% 1.2% 0.3% 0.7% 0.3% 0.5% Impact Fee Added To Lease N/A $28.61 $0.03 $0.01 $0.00 Impact Fee % of Lease Rate Low High N/A N/A 1.6% 2.0% 1.1% 1.4% 0.4% 0.6% 0.6% 0.8% Assumptions Lease rates are based on new construction. Multifamily lease rates assume 1,000 square foot, 2 bedroom apartment. Retail lease rates based on single story, surface parked, direct entry, box retail in Southcenter area. Calculation of impact fee added to lease assumes initial impact fee is amortized over a 10 year lease at 6% interest. Based on impact fee data Attachments A-2 and B-2 from staff report for F&S 12/2/08 revised version 12/1/09. Economic Development Analysis 1/1 Printed: 12/03/2008 6: 14 PM Impact Fees Comparisons DRAFT 11/24/08 Based on: Parks $ 12,250,000 Fire $ 6,479,500 90% of fee paid by development Comparison of Parks Vs Fire Spread Across Development Types Parks Fire SF $ 2,518 34% $ 922 21% MF $ 2,420 32% $ 1,200 27% Office $ 1,421 19% $ 1,624 36% Retail $ 710 9% $ 580 13% Industrial $ 444 6% $ 127 3% $ 7,513 100% $ 4,453 100% Mayor's Recommendation Impact Fees 12-2-08 FIRE Capital Facilities List: Split: Fees PARKS SF MF Office Retail Industrial Capital Facilities List: Split: Fees: TOTAL Fees: SF MF Office Retail Industrial SF MF Office Retail Industrial Attachment C $6,479,500 90% - 10% $ 922 $1,200 $1,624 $ 580 $ 127 $8,000,000 80% - 20% $1,426 $1,398 $ 837 $ 419 $ 262 $2,348 $2,598 $2,461 $ 999 $ 389 Examples of Impact Fee Payments: FIRE $6479 500 0 Ot lOt (900f< 100f< l't) - , , m capl a pro.lec s 0- o SplI Project Land Use Square Impact Fee per Impact Fee Category F ootagelDwelling 1,000 gsf or per Assessment Units Dwelling Unit Wig development! Retail 230,444 $580 $133,658 Southcenter Square Parkway Place Office 66,000 $1,624 $107,184 16400 Southcenter Pkwy New Bank of America Office 7,451 $1,624 $12,100 building (at mall) Tukwila Village Multi- 144 $1,200 $172,800 family Retail 52,000 $580 $30,160 Office 2,000 $1,624 $3,248 PARKS $8 000 000 0 Ot lOt (800f< 200f< l't) - , , mca III a pro]ec S 0- o SPll Project Land Use Square Impact Fee per Impact Fee Category F ootagelDwelling 1,000 gsf or per Assessment Units Dwelling Unit Wig development! Retail 230,444 $419 $96,556 Southcenter Square Parkway Place Office 66,000 $837 $55,242 16400 Southcenter Pkwy New Bank of America Office 7,451 $837 $6,237 building (at mall) Tukwila Village Multi- 144 $1398 $201,312 family Retail 52,000 $419 $21,788 Office 2,000 $837 $1,674 Tukwila Parks Capital Facilities List Project List - Impact Fees 2009 to 2015 Project Cost Duwamish Riverbend Hill Develop Phase II $ 2,000,000 Trail Connections Green River Trail to Renton $ 500,000 Black/Cedar River Trail Tukwila Pond Development - Phase IV $ 3,000,000 City ofTukwila Pool [Extend land lease]; expand features $ 500,000 and services TOD Pedestrian Bridge Sounder Connection $ 2,000,000 Total $8,000,000 TukwiIa Parks Impact Fees, 2008 TABLE 1: 2008 Park Impact Fee Calculations Land Use 2007 2007 2007 Building 2020 Housing Housing Employment. Area -3 Units Units -1 2 2020 2020 Building Employme Area nt Sin!!:le-familv 3,822 4,338 Multi-familv 4,107 6,491 Office 6,245 1,561,250 7,727 1,931,750 Retail 20,384 10,192,000 25,220 12,610,000 Industrial 20,343 16,274,400 25,169 20,135,200 TOTALS 7,929 46,972 28,027,650 10,829 58,116 34,676,950 1. OFM 2. PSRC 2007 Covered Emplooyment Estimates 3. Retail: 500gsfper emp; Office: 250gsfper emp; Industrial: 800gsfper emp; X emp growth 4. 43 SF du/yr; rest is MF from 2007 Buildable Lands Report 5. 90% of Buildable Lands Report estimates, at same % as 2007 employment 6. Tukwila ResidentINon-Tukwila resident breakdown based on 2000 census data In 2000, the number of residents who live and work in Tukwila is 1,502, out of a population of 17,181 9% Net Growth, 2008 - 2020 Housing Units - Employment Building Employment: Employment: 4 -5 Area - 3 Tukwila Non-Tukwila Residents - Residents - 9% - 6 91 % - 6 516 2,384 1,482 370,500 133 1,349 4,836 2,418,000 435 4,401 4,826 3,860,800 434 4,392 2,900 11,144 6,649,300 1,003 10,141 moact ee Persons per Use Ratio Total Use % Use by Cost Per Housing Per 1,000 Rounded Housing Unit Between by Land Land Use Allocation Unit GFA** Residents! Use Category Employees Category 2.54 2.44 3,198 11.49% $735,607 $1,425.59 $1,426 2.49 2.44 14,484 52.06% $3,331,715 $1,397.53 $1,398 1.00 1,349 4.85% $310,214 $837.29 $837 1.00 4,401 15.82% $1,012,279 $418.64 S419 1.00 4,392 15.78% $1,010,185 $261.65 $262 27,823 100.00% $6,400,000 I F Note: $6,400,000 is 80% of$8,000,000 Fire Department Capital Facilities List Capital Facility 1. Construct/build relocated Station 51 - 5,000 gsf addition due to newgrowth in ruc 2. Purchase aid car for Station 51 (new) 3. Purchase engine for Station 54 to replace aerial ladder truck 4. Purchase land for relocated Station 52, if Station 51 is relocated 5. Construct/build relocated Station 52, if Station 51 is relocated TOTAL ] 5,000 gsfbui1ding addition x $400/psfbui1ding construction cost 2 Y2 acre site (21,780 sf) x $25/psfland cost 37,500 gsfbui1ding x $400/psfbui1ding construction cost Cost $ 2,000,0001 $ 185,000 $ 750,000 $ 544,5002 $ 3,000,0003 $ 6,479,500 TABLE 1. Tukwila Fire Impact Fee Calculation, 2008 Net Growth, 2008 -2020 2007 2007 Land Use Housing Employmc Housing Building Employmc Units -1 nt 2 Units 3 Area 4 nt 5 Single family 3,822 516 1 Multi family 4,107 2,384 Office 6,245 370,500 1 1,482 Retail 20,384 2,418,0001 4,836 Industrial 20,343 3,860,8001 4,826 TOTALS 46,972 6,649,3001 11,144 I. OFM numbers 2. PSRC 2007 Covered Employment Estimates 3. 43 SF du /yr; rest is MF from 2007 Buildable Lands Report 4. Retail: 500gsf per emp; Office: 250gsf per cmp; Industrial: 800gsf per cmp; X cmp growth 5. 90% of Buildable Lands Report estimates, at same as 2007 employment TABLE 2. Tukwila Fire Service Demand Calculation, 2008 Land Use Single family Multi family Office Retail Industrial NET TOTAL 2007 Responses Incident Responses 619 866 445 1,039 362 3,332 13% 19% 10% 22% 8% 71% Based on Net Total 19% 26% (3% 31% 11% 100% Proportion al Reallocatio n of "Other" 249 349 179 418 146 1,341 Incident Responses 868 1,215 625 1,458 508 4,673 Tukwila Fire Impact Fees, 2008 Per Residential Unit $922 $1,200 Revised 2007 Responses 19% 26% 13% 31% 1l% 100% Other 1,341 29% TOTAL 4,673 100% 100% 1,341 4,673 100% Note: The $5,831,550 capital cost is 90% of $6,479,500 (the growth related fire capital cost). Impact Fee Per GFA $1.62 $0.58 $0.13 Incident Responses per 1,000 Units 227 296 Per 1,000 Sq. Ft. GFA $1,624 $580 $127 Increase in Annual Incident Responses due to Growth Incident Capital Costs Responses Incident Allocated by per 1,000 Responses Incident Employees Responses due to Growth 117 8% $475,668 705 49% $2,861,894 100.0 148 10% $601,536 71.5 346 24% $1,403,649 25.0 120 8% $488,804 1,437 100% $5,831,550 100% $5,831,550 Impact Fee Categories Pro erty Type &Allocation to Imp FE CATEGOR1ES I IMPACT TOTAL 3, 2007 Incident Responses by rn Industrial TABLE Mu TOTAL Single- Tamil" Aid Total family 54 Fire Dept. Land Firc 1 Use Cate2orics \L 54 12 42 48 I I, I, Public Assembly I 30 I 48 I 70 47 18 117 I I I Educational 90 619 1527 9 r 619 I 794 I Sino_le Care* 460 I 159 I 570 1 794 Sin _tc-family 2 305 I 224 I 2 r I 0 Apartments I 2 I. 351 6$0 203 305 14 Bo Hotels _House I. 102 I Hotels I 590 1,031 I 441 1 14 24 Business 2 1 332 ManU i 12 104 3b2 104 4 3 f at I 57 j 47 I 244 445 1,039 S ora e cturin! 1 81 163 b19 1 8b6 3,33 1 11% 100% Storage 1,133 2,199 31% SUBTOTAL o 26 13 "/O ]9 /o I Tukwila Fire Impact Pees, 2008 PERCENT OF SUBTOTAL i 855 1,130 y 275 63 211 Special Pro ?crtY Ii 148 1 918 211 SUBTOTAL i 423 146 1,341 SUBTOTAL 174 418 249 344 Reallocation of Special Property Unclassified 508 4,673 625 1,458 TOTAL 868 1,215 INCIDENT RESPONSES BY IMPACT FEE CATEGORY 40 Office (Redmond) split 60% Multi- family, split 34% Oftice, 66° Retail (2007 Tukwila) DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF mVILA, WASHINGTON, ESTABLISHING THE ASSESSMENT OF FIRE IMPACT FEES ON NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPME1\.TT IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to the Growth Management Act of the State of Washington and RCW 36.70A, the City of Tukwila has an adopted Comprehensive Plan, which includes provisions for fire protection facilities as part of its Capital Facilities Element; and V\1lfEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development activity as part of the financing for public facilities, including fire protection facilities; and v'.1lfEREAS, the Tukvvila City Council desires to provide funding for fire protection facilities, as referenced in the Capital Facilities Element of the Comprehensive Plan, through the imposition of residential and non-residential development impact fees beginning January 1, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKvVILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new growth and development in the City creates additional demand and need for public fire protection facilities in the City, and the City Council finds that new growth and development should pay its proportionate share of the costs for new fire service facilities to serve new growth and development in the. City. The City Council believes that this can be accomplished by the assessment of fire impact fees on new residential, commercial, and industrial development in the City. It is the Council's intent that the provisions of this ordinance be liberally construed in establishing the fire impact fee program. Section 2. Definitions. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires othervvise, the words or phrases defined in this section shall have the following meanings: 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 Tulev'lila, Washington, County of King. 4. "Development activity" means any construction of a building or structure that creates additional demand and need for fire safety facilities. C:\Documenls and Settings\All Users\Desktop\Kelly\MSDATA \Ordinances\Fue Impact Fees.doc LV;ksn U/4/2()()8 Page 1 of 5 5. "Development approval" means any 'written authorization from the City, which authorizes the commencement of the "development activity." 6. "Encumber" means to reserve, set aside, or earmark the fire impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of fire protective services. 7. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional fire capital facilities. 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the fire facilities needed to serve new growth and development that is a proportionate share of the cost of fire capital facilities that is used for facilities that reasonably benefit new development. Impact fees do not include a reasonable permit fee, an application fee, and the administrative fee for collecting and handling fire impact .fees or cost of revieV\ring independent fee calculations. 9. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person vvith 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. 10. "Proportionate share" means that portion of the cost for fire facility improvements that are reasonably related to the service demands and needs of new development. 11. "Public facilities" means the follov,ring capital facilities owned or operated by governmental entities: (1) public streets and roads; (2) publicly ovmed parks and open spaces and recreational facilities; (3) school facilities; (4) fire protection facilities not part of a fire district; and (5) police facilities and essential public facilities as defined by Chapter 36.70A RCW. Section 3. Fire Impact Fee Assessment. A. The City shall collect fire impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required, effective January 1, 2009. This will include the expansion of existing uses, which create the demand for fire protection services. B. Fire impact fees shall be assessed at the time of a technically-complete building permit application that complies with the City's zonli,g ordinances and building and development codes. Fire' impact fees shall be collected from the fee payer at the time the building permit is issued. C. Except if othenvise exempt, the City shall not issue the required building permit unless or until the fire impact fees are paid. Section 4. Use of Fire Impact Fees. A. Pursuant to this ordinance, fire impact fees shall be used for fire 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. Fire impact fees shall be used for but not limited improvements, engineering and architectural services, administrative expenses and applicable mitigation costs, pertaining to fire protection facilities. to land acquisition, site permitting, financing, and capital equipment C\Documents and Settings\All Users\Desktop\Kelly\1~1SDATA \Ordi...""lance5\Frre Impact Fees.doc LV,ksn 12/4/2008 Page 2 of 5 E. Fire impact fees may also be used to recoup public improvement costs incurred by the City to the extent that new growth and development V\~ be served by the previously constructed improvement. F. In the event bonds or similar debt instruments are or have been issued for fire facility improvements, impact fees may be used to pay the principal on such bonds. Section 5. Fire Impact Fee Capital Facilities Plan. In order to collect fire impact fees, the City must first adopt a Fire Capital Facilities Plan as an element of the City's Comprehensive Plan. The City's Capital Facilities Plan for fire protection services shall consist of the following elements: 1. The City's capacity over the next six years, based on an inventory of the City's fire facilities both existing and under construction; 2. The forecast of future needs for fire facilities based upon the City's population projections; 3. A six-year financial plan component, updated as necessary, to maintain at least a six-year forecast for financing needed \.."ithin projected funding levels; 4. Application of the formula set forth in this ordinance based upon the information in the Capital Facilities Plan; and 5. City Council Action. No new or revised impact fee shall be effective until adopted by the City Council following a duly advertised public hearing to consider the City's Capital Facilities Plan or plan update. Section 6. Fire Impact Fee Formula. The impact fee formula is based on the assumptions found in Tukvvila Fire Impact Fees, 2008, Exhibit A, and Tukwila Fire Department Capital Facilities List, Exhibit B, attached hereto and by this reference fully incorporated herein. FIRE IMPACT FEE CALCULATIONS I Impact Fee Land Use I Per Residential Unit Per 1,000 Sq. Ft. GFA Single family I $922 i Multi-family I $1,200 Office I $1,624 Retail I $580 Industrial I $127 Section 7. Fire Impact Fee Adjustments. A. The City may adjust a fire impact fee at the time the fee is imposed to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly. B. In calculating the fee imposed on a particular development, the City shall permit consideration of studies and data submitted by a developer to adjust the amount of the fee. The developer shall submit an independent fee calcUlation study to the Fire Chief who shall review the study to determine that the study: 1. is based on accepted impact fee assessment practices and methodologies; 2. uses acceptable data sources and the data used is comparable with the uses and intensities planned for the proposed development activity; 3. complies vvith 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 Fire Chief may require the developer to submit additional or different documentation. If an acceptable study is presented, the Fire Chief may adjust the fee to that appropriate for the particular development activity. If C\Documents and Settings\All Users\Deskt~p\Kell)'\MSDATA \Orilinances\Fire Impact Fees.doc LV:ksn U/4/20V8 Page 3 of 5 an acceptable study is not presented, the developer shall pay the impact fees required prior to submitting the study. D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this ordinance to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. Section 8. Credits. A fee payer can request that a credit, or credits, be awarded to the fee payer for the value of dedicated land, improvements to, or new construction of any system improvements provided by the developer to facilities that are identified in the Capital Facilities Plan and that are required by the City as a condition of approving the development activity. Section 9. Appeals. A. Any fee payer may pay the impact fees imposed by this ordinance under protest in order to obtain a building permit. B. Appeals regarding fire 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 City staff with respect to the applicability of fire 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 ta...1(en Vvih'1i1110 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 Oerk a notice of appeal giving the reasons for the appeal v.ith an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. Section 10. Refunds. A. If the City fails to expend or encumber the impact fees within six years from the date the fees were paid, unless extraordinary circumstances or reasons exist, the current owner of the property on which the impact fees were paid may receive a refund of such fees. B. The City shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first out basis. C. Ovmers seeking a refund must submit a \vritten request for a refund oUhe fees to the City within one year of the date the right to claim a refund arises or notice is given, whichever comes later. D. Any impact fees for which no application has been made within the one-year period shall be retained by the City and expended on appropriate fire facilities. E. Refunds of impact fees shall include any interest earned on the impact fees by the City. Section 11. Exemptions. The fire impact fees are generated from the formula for calculating the fees as set forth in this ordinance. The amount of the impact fees is determined by the information contained in the adopted fire department master plan and related documents, as appended to the City's Comprehensive Plan. All new development located in the City will be charged a fire impact fee, provided that the following exemptions shall apply. Any development activity or project which has submitted a technically complete building permit application prior to the effective date of this ordinance shall be exempt from the payment of fire impact fees. The follov.wg shall be exempt from fire impact fees: C\Documents and Settings\All Users\DC:5ktop\KelJy\~/J.5DATA \Ordinances\Fire Impact Fees.doc LV:ksn 12/4/2008 Page 4 of 5 1. Replacement cif a structure with a new structure having the same use, at the same site, and when such replacement is ",ithin 12 months of demolition or destruction of the previous structure; 2. Alteration or expansion of or remodeling of an existing dwelling or structure where no new units are created and the use is not changed; 3. Construction of an accessory residential structure; 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs; 5. Demolition of or moving an existing structure within the City from one site to another; 6. Low-income housing developed by individuals, nonprofit corporations, or a housing authority may be exempted from impact fees at the discretion of City staff subject to: a. Fiscal impact analysis of the effect of impact fees upon low-income housing and how exempting housing from impact fees would fonvard the goals for lm-v-income housing in the City and King County; b. That adequate documentation be provided that the housing ",'ill remain available for low-income persons for a 10-year period of time at affordable rents; and c. . In the case of owner-occupied dwellings, that such housing will be sold or leased at affordable rates to lm-v-income households for a period of 10 years; and d. The impact fee for exempt development shall be calculated as provided by this ordinance and paid with public funds. Such payments may be made by including such amounts in the public share of the system improvements undertaken within the City for fire protection services and facilities. Section 12. Authority Unimpaired. Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental affects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW and/ or Chapter 58.17 RCVv, governing plats and subdivisions, provided that the exercise of-this authority is consistent with Chapters 43.21C and 82.02 RCW. Section 13. 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 i4. Effective Date. TIUs 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 . 2008. ATTEST / AUTHEl\.TTICATED: Jim Haggerton, Mayor Christy O'Flaherty, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney Attachments: Exhibit A - Tukwila Fire Impact Fees, 2008 Exhibit B - Fire Department Capital Facilities List C:\Documenls and Settings\All Users\Desktop \Kelly\MSDA T A \Ordinances\FlIe Impact Fees.doc LV:ksn 12/4/2(}J8 Page 5 of 5 00 OSS`1£ °fo 8`S$ 00 1708` 8.817$ °/o8 6179'£0171$ °/o01 109$ 61 17 1768'1.9 0 899'S Ltr$ 111MOx0 01 anp ssnodsa2l l rcaptaux palLaouv s1s0c 1.0030 s asuods v a luapt 0 CZ, CIL 0 tool° o1 aup sasu sa T. luoprauX lrnrta� of as''axairx slu(1 saa&Wi a aad i xad 1100 000 sasu ods2X sasYZOds lua praol loa ppul £1'0$ L Zt$ p8S$ 96Z LZZ a1r ax t11 0.z$ a1 0 •(1SOa`dLa axt P t ttr£`1 '001 %61 ssuods lop ""sasuo sad. LOOZ pasvoll, O0Z` 1$ ZZ6$ Iva la lutlu a2X 117£' 1 9171 81V 6L1 617£ 617Z. o 1110,1, 1 d uotl,�aollra� pasr•£t xl �odoxd 1 trtrl` l t 00£ 6 �9 9Z8<1� 008'098' 08` 09 9£8` 000 g117 Z 2817` 1 OOS`0L£ aw v tat g00Z sOg 1D ct�.c.�X tt •ej�rn�� v 1.10-:Na sr lsoa lul tdea OSS`t£8`S$ orl3.:010N, 9$ %06 £L9 aaqIC %00 °lo 6Z t 1 178£`Z Z££` Z9£ 6£0` 1 so 998 19 6 s l suodsa2 lua ppul uuU sasuodsaYi LOOZ ��fl1auin3leD u��aa aat SOOT u¢'L�lquPt. tn4 J° °1tl06 'S od1sP $3005'1'•x;06 •V se awes �u `salz'tiu4�sa v a'�z�JO `•dLUa xad vy dwa LOOZ duza act }s30SZ sx �saz g ltu a P l ¢zalsz1PLZ� tuO.0 1W d 'Z $3008 u¢Z a1g LPim9 LO av du1'd Pa zano0 Loot 3 z a oz3 duia X `.dLU iad u�uz Col a�oday sp saa szuG�sH a saaq+unu W_- lutxasnp 1te1a2X_ aarl w n� t 1 t n W Ll a1�� LO1 n ut5 ttS as jl pu''i 1 i t --9 iS____� Z lu l as(l pue i gutsnoK j sh z C01dw t LOOZ tr eaxl� LOOZ otsnoFJ ldw tutpltng t �rl` VZ nn xo J �tdmi a �i1 0Z0Z_ z 11 4pz t �6��e�na�U� a 4 a6ad Page 2 EXHIBIT A Tukwila Fire Impact Fees, 2008 TABLE 3. 2007 Incident Responses by Property Type Allocation to Impact Fee Categories IMPACT FEE CATEGORIES Fire Dept. Land Multi Use Categories Fire Aid Total Single family Office Retail Industrial TOTAL family Public Assembly 12 42 54 54 Educational 18 30 48 48 Health Care* 27 90 117 70 47 Single family 159 460 619 619 Apartments 224 570 794 794 Boarding House 0 2 2 2 Hotels 102 203 305 305 'Business** 441 590 1,031 351 680 Industrial 12 2 14 14 Manufacturing 57 47 104 104 Storage 81 163 244 244 SUBTOTAL 1,133 2,199 3,332 619 866 445 1,039 362 3,332 PERCENT OF SUBTOTAL Special Property 275 855 1,130 Unclassified 148 63 211 SUBTOTAL 423 918 1,341 19% 26% 13% 31% 11% 100% Reallocation of Special Property 249 349 179 418 146 1,341 Unclassified TOTAL INCIDENT RESPONSES BY 868 1,215 625 1,458 508 4,673 IMPACT FEE CATEGORY split 60% Multi family, 40% Office (Redmond) split 34% Office, 66% Retail (2007 Tukwila) Fire Department Capital Facilities List EXHIBIT B Canital Facility Cost 1. Construct/build relocated Station 51— 5,000 gsf $2,000,000 addition due to new growth in TUC 2. Purchase aid car for Station 51 (new) $185,000 3. Purchase engine for Station 54 to replace aerial $750,000 ladder truck 4. Purchase land for relocated Station 52, if Station 51 $544,500 is relocated 5. Construct/build relocated Station 52, if Station 51 is $3,000,000 relocated 1 5,000 gsf building addition x $400 /psf building construction cost 2 '/2 acre site (21,780 sf) x $25 /psf land cost 3 7,500 gsf building x $400 /psf building construction cost TOTAL $6,479,500 C:\Documents and Settings\Al1 Users\Desktop\Kelly\MSDATA \Ordinances\Fire Impact Fees Exhibit B Capital Facilities List.doc LV:ksn 12/4/2008 Page 1 of 1 ~.o A bT ~/~~.&~U AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE ASSESSMEI\TT OF PARKS IMP ACT FEES ON Nm-V RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT IN THE CITY; PRGVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. vVHEREAS, pursuant to the Growth Management Act or the State or Washington and RCW 36.70A, the City or Tukwila has an adopted Comprehensive Plan, which includes provisions ror parks racilities as part or its Capital Facilities Element; and WHEREAS, RCW 82.02.050 authorizes cities to impose impact rees on development activity as part or the financing ror public racilities, including parks racilities; and WHEREAS, the Tukwila City Council desires to provide funding ror parks racilities, as rererenced in the Capital Facilities Element or the Comprehensive Plan, through the imposition or residential and non-residential development impact fees beginning January 1,2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWTLA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and determines that nev,r growth and development in the City creates additional demand and need ror public parks racilities in the City, and the City Council rinds that new growth and development should pay its proportionate share or the costs ror new parks racilities to serve new growth and development in the City. The City Council believes that this can be accomplished by the assessment or parks impact rees on new residential, commercial, and industrial development in the City. It is the Council's intent that the provisions or this ordinance be liberally construed in establishing the parks impact ree program. Section 2. Definitions. Terms or words not defined herein shall be defined pursuant to Rei^! 82.02.090 when given their usual and customary meaning. For the purposes or this ordinance, unless the context or subject matter dearly requires otherwise, the words or phrases defined in this. section shall have the rollowing meanings: 1. The" Act" means the Growth Management Act, Chapter 17, Laws or 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws or 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification or 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, County of King. 4. "Development activity" means any construction of a building or structure that creates additional demand and need for parks facilities. 5. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." C,\Documenls and Settings\AlI US€rS\DesHop\Kelly\MSDATA \Ordinances\Parks Impact Fees.doc L v,ksn 12/412008 Page 1 or 5 6. "Encumber" means to reserve, set aside, or earmark the parks impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of parks services. 7. "Fee payer' is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional parks capital facilities. 8. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the parks facilities needed to serve new growth and development that is a proportionate share of the cost of parks capital facilities that is used for facilities that reasonably benefit new development. Impact fees do not include a reasonable permit fee, an application fee, and the administrative fee for collecting and handling parks impact fees or cost of reviewing independent fee calculations. 9. "Owner" means the ovmer 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. 10. "Proportionate share" means that portion of the cost for parks facility improvements that are reasonably related to the service demands and needs of new development. 11. "Public facilities" means the following capital facilities owned or operated by governmental entities: (1) public streets and roads; (2) publicly oWlled parks and open spaces and recreational facilities; (3) school facilities; (4) fire protection facilities not part of a fire district; and (5) police facilities and essential public facilities as defu,ed . by Chapter 36.70A RCI/v. Section 3. Parks Impact Fee Assessment. A. The City shall collect parks impact fees from applicants seeking development approvals from the City for any development activity in the City for which building permits are required, effective January 1, 2009. This will include the expansion of existing uses, which create the demand for parks serVices. B. Parks impact fees shall be assessed at the time of a technically-complete building permit application that complies with the City's zoning ordinances and building and development codes. Parks impact fees shall be collected from the fee payer at the time the building permit is issued: C. Except if otherwise exempt, the City shall not issue the required building permit unless or until the parks impact fees are paid. Section 4. Use of Parks Impact Fees. A. Pursuant to this ordinance, parks impact fees shall be used for parks 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. Parks impact fees shall be used for but not limited to land acquisition, site improvements, engineering and architectural services, permitting, financing, administrative expenses and applicable mitigation costs, and capital equipment pertiining to parks facilities. C\Docurnenls and Settings\Al1 Users\Desktop\Kelly\l/,sDATA \Ordinances\Parks Impact Fees.doc LV:ksn 12/4/2008 Page 2 of 5 E. Parks 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 parks facility improvements, impact fees may be used to pay the principal on such bonds. Section 5. Parks Impact Fee Capital Facilities Plan. In order to collect parks impact fees, the City must first adopt a parks capital facilities plan as an element of the City's Comprehensive Plan. The City's Capital Facilities Plan for parks services shall consist of the folloV\>ing elements: 1. The City's capacity over the next six years, based on an inventory of the City's parks facilities both existing and under construction; 2. The forecast< of future needs for parks facilities based upon the City's population projections; 3. A six-year financial plan component, updated as necessary, to maintain at least a six-year forecast for financing needed within projected funding levels; 4. Application of the formula set forth in this ordinance based upon the information in the Capital Facilities Plan; and 5. City Council Action. No new or revised impact fee shall be effective until adopted by the City Council following a duly advertised public hearing to consider the City's Capital Facilities Plan or plan update. Section 6. Parks Impact Fee Formula. The impact fee formula is based on the assumptions found in Tukwila Parks Impact Fees, 2008, Exhibit A, and Tukwila Parks Capital Facilities List, Exhibit B, attached hereto and by this reference fully incorporated herein. PARKS IMP ACT FEE CALCULATIONS Impact Fee Land Use Per Residential Unit Per 1,000 Sa. Ft. GFA Single Family $1,426 Multi~Family I $1,398 Office I $837 Retail I $419 Industrial I $262 Section 7. Parks Impact Fee Adjustments. A. The City may adjust a parks impact fee at the time the fee is imposed to consider unusual circumstances in specific cases to ensure that impact fees are imposed fairly. B. In calculating the fee imposed on a particular development, the City shall permit consideration of studies and data submitted by a developer to adjust the amount of the fee. The developer shall submit an independent fee calculation study to the Director of Parks and Recreation, who shall review the study to determine that the study: 1. is based on accepted impact fee assessment practices and methodologies; 2. uses acceptable data sources and 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:\Documenl:s and Settings\All Users\Desktop\Kelly\MSDATA \Ordinances\Parks Impact Fees.doc L V;ksn 12/4/2003 Page 3 of 5 C. In reviewing the study, the Director of Parks and Recreation may require the developer to submit additional or different documentation. If an acceptable study is presented, the Director of Parks and Recreation may adjust the fee to that appropriate for the p;u:ticular development activity. If an acceptable study is not presented, the developer shall pay the impact fees required prior to submitting the study. D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this Ordinance to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. Section 8. Credits. A fee payer can request that a credit, or credits, be awarded to the fee payer for the value of dedicated land, improvements to, or new construction of any system improvements provided by the developer to facilities that are identified in the Capital Facilities Plan and that are required by the City as a condition of approving the development activity. Section 9. Appeals. A. Any fee payer may pay the impact fees imposed by this ordinance under protest in order to obtain a building peimit. B. Appeals regarding parks 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 City staff with respect to the applicability of parks 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 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 giving the reasons for the appeal with an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. Section 10. Refunds. A. If the City fails to expend or encumber the impact fees within six years from the date the fees were paid, unless extraordinary circumstances or reasons exist, the current OV-'Tler of the property on which the impact fees were paid may receive a refund of such fees. B. The City shall notify potential claimants by first class mail that they are entitled to a refund. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first out basis. . C. Ovmers seeking a refund must submit a vn-itten request for a refund of the fees to the City within one year of the date the right to claim a refund arises or notice is given, whichever comes later. D. Any impact fees for which no application has been made within the one-year period shall be retained by the City and expended on appropriate parks facilities. E. Refunds of impact fees shall include any interest earned on the impact fees by the City. Section 11. Exemptions. The parks impact fees are generated from the formula for calculating the fees as set forth in this ordinance. The amount of the impact fees is determined by the information contained in the adopted parks master plan and related documents, as appended to the City's Comprehensive Plan. All new development located in the City will be charged a parks impact fee, provided that the following exemptions shall apply. Any development activity or project which has submitted a technically complete building permit application prior to the effective date of this C:\DocumenG and Settings\All Users\Desktop\Kelly\MSDATA \Ordiilances\Parks Impact Fee'.doo LV:ksn 12/4/20D8 Page 4 of 5 ordinance shall be exempt from the payment of parks impact fees. The folloV\~g shall be exempt from parks impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and when such replacement is vvithin 12 months of demolition or destruction of the previous structure; 2. Alteration or expansion of or remodeling of an existing dwelling or structure where no new units are created and the use is not changed; 3. Construction of an accessory residential structure; 4. 1\liscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs; 5. Demolition of or moving an existing structure within the City from one site to another; 6. Low-income housing developed by individuals, nonprofit corporations, or a housing authority may be exempted from impact fees at the discretion of City staff subject to: a. Fiscal impact analysis of the effect of impact fees upon low-income housing and how exempting housing from impact fees would forw~d the goals for low-income housing in the City and King County; b. That adequate documentation be provided that the housing will remain available for low-income persons for a 10-year period of time at affordable rents; and c. In the case of owner-occupied dwellings, that such housing will be sold or leased at affordable rates to low-income households for a period of 10 years; and d. The impact fee for exempt development shall be calculated as provided by this ordinance and paid with public funds. Such payments may be made by including such amounts in the public share of the system improvements undertaken ,vithin the City for parks services and facilities. Section 12. Authority Unimpaired. Nothing in this Ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental affects 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 ,vith Chapters 43.21C and 82.02 RCW. Section 13. Sever.ability. 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 14. 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 , 2008. ATTEST / AUTIffiNTICA TED: Jim Haggerton, Mayor Christy O'Flaherty, City Clerk Filed ''vith the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Tukwila Parks Impact Fees, 2008, Exhibit A Tukwila Parks Capital Facilities List, Exhibit B C:\Documents and Settings\All Users\Desktop\Kelly\MSDATA \Ordinances\Parks Ir"pact Fees.doc LV:ksn U/4/200B Page 5 of 5 EXHIBIT A Tukwila Parks Impact Fees, 2008 TABLE 1: 2008 Park Impact Fee Calculations Land Use 2007 2007 2007 Building 2020 Housing Housing Employment. Area -3 Units Units -1 2 2020 2020 Building Employme Area nt SiDl!Je-family 3,822 4,338 Multi-family 4,107 6,491 Office 6,245 1,561,250 7,727 1,931,750 Retail 20,384 10,192,000 25,220 12,610,000 Industrial 20,343 16,274,400 25,169 20,135,200 TOTALS 7,929 46,972 28,027,650 10,829 58,116 34,676,950 1. OFM 2. PSRC 2007 Covered Emplooyment Estimates 3. Retail: 500gsfper emp; Office: 250gsfper emp; Industrial: 800gsfper emp; X emp growth 4. 43 SF du/yr; rest is MF from 2007 Buildable Lands Report 5. 90% of Buildable Lands Report estimates, at same % as 2007 employment 6. Tukwila ResidentINon-Tukwila resident breakdown based on 2000 census data In 2000, the number of residents who live and work in Tukwila is 1,502, out of a population of 17,181 9% Net Growth, 2008 - 2020 Housing Units - Employment Building Employment: Employment: 4 -5 Area - 3 Tukwila Non-Tukwila Residents - Residents - 9% - 6 91 % - 6 516 2,384 1,482 370,500 133 1,349 4,836 2,418,000 435 4,401 4,826 3,860,800 434 4,392 2,900 11,144 6,649,300 1,003 10,141 I F mpact ee Persons per Use Ratio Total Use % Use by Cost Per Housing Per 1,000 Rounded Housing Unit Between by Land Land Use Allocation Unit GFA** Residents/ Use Category Employees Category 2.54 2.44 3,198 11.49% $735,607 $1,425.59 $1,426 2.49 2.44 14,484 52.06% $3,331,715 $1,397.53 $1,398 1.00 1,349 4.85% $310,214 $837.29 $837 1.00 4,401 15.82% $1,012,279 $418.64 $419 1.00 4,392 15.78% $1,010,185 $261.65 $262 27,823 100.00% $6,400,000 Note: $6,400,000 is 80% of $8,000,000 EXHIBIT B Tukwila Parks Capital Facilities List Project List - Impact Fees 2009 to 2015 Project Cost Duwamish Riverbend Hill Develop Phase II $ 2,000,000 Trail Connections Green River Trail to Renton $ 500,000 Black/Cedar River Trail Tukwila Pond Development - Phase IV $ 3,000,000 City of Tukwila Pool (Extend land lease]; expand features $ 500,000 and services TOD Pedestrian Bridge Sounder Connection $ 2,000,000 Total $8,000,000 City of Tukwila Finance and Safety Committee FINANCE AND SAFETY COMMITTEE Meeting Minutes December 2,2008, - 5:00 p.m.; Conference Room #3 PRESENT CounciImembers: Dennis Robertson, Chair; Pam Linder and Kathy Hougardy Staff: Bruce Fletcher, Rick Still, Lisa Verner, Gail Labanara, Shawn Hunstock, Mary Miotke, Nick Olivas, Steve Rydeen, David Haynes, Jack Pace, Rhonda Berry and Kimberly Matej Guests: Mark Segale, Bill Arthur, Nancy Damon, Mike Hansen, Chuck Parrish and Louis Strander and Joe Desmoine CALL TO ORDER: Chair Robertson called the meeting to order at 5:05 p.m. The agenda was amended to reflect the new order ofbusiness as presented below. I. PRESENTATIONS - No presentations. II. BUSINESS AGENDA A. Impact Fee Ordinances for Fire and Parks This agenda item is returning to the Finance and Safety meeting for additional discussion prior to returning to full Council. As a result of tonight's discussion, staff is requesting Committee _~ recommendations to Council regarding impact fees. .k Lisa Verner distributed several pages to Committee members with corrections from information that was included in the original agenda packet (substitution for pages 52, 61 and 62). She also distributed an additional rour pages that were not included in the original agenda packet. Lisa reviewed a list of example impact fees that would have been paid by recent developments if impact fees had been implemented and assessed at the time of those projects. Additionally, she distributed a memo from Derek Speck which states his opinion, as Economic Development Administrator, that at the impact fee levels proposed, it is unlikely that development would be lost. However, he is not aware of any way to determine conclusively whether the impact fees would or would not cause a loss in development. Although impact fees may appear high, they are they are a fairly low percentage of the development costs. After this discussion, staff began presentation of the Mayor's recommendations in regards to impact fees. The four specific questions outlined below are the policy questions that need to be answered by full Council. Staff requested recommendations from the Finance and Safety Committee on each issues as outlined below. · Determine if impact fees should or should not be implemented for fire and parks: o Fire Impact Fees - Committee recommends implementation. UNA1~OUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. o Park Impact Fees - Committee recommends implementation. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. · Identify the projects which should be included in the list that establishes capital facilities projects resultingfrom new growth as well as the costs associated with those lists for bothfire and parks: o Fire Capital Facilities Projects - Committee supports the list as recommend by the Mayor and presented in the Finance and Safety Committee agenda packet page 57. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Finance & Safety Committee Minutes December 2, 2008 - Paqe 2 o Park Capital Facilities Projects - Committee supports the list as recommended by the Mayor and presented in Exhibit B, page 3, of a document entitled Mayor's.Recommendation Impact Fees 12-2-08, which was distributed at tonight's Committee meeting (information attached to minutes). UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. · Determine the City contribution- developer impactfee split (90/10,80/20, 70/30, etc) o Fire impact fee City contribution - developer split. Mayor's recommendation for fire impact fees is a 90/10 split. This means that 90% of the project costs will be funded through the collection of impact fees and the remaining 10% will be funded through City contribution. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. * o Park impact fee City contribution - developer split. Mayor's recommendation for the park impact fees is a 80/20 split. This means 80% of the project costs will be funded through the collection of impact fees, and the remaining 20% will be funded through City contribution. UNANIlVIOUS APPROVAL. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Committee members asked why Fire fees would be funded at a 90/1 0 split and Parks fees at an 80/20 split. Staff explained that many times the determination of impact fee contribution splits are very subjective. Fire is an essential service provided by the City, and calls for service will increase as development increases. The need for adequate basic safety and life service responses justify the higher developer contribution. The Parks fee split is lower as City staff feels confident that available grants and other such resources can assist L.f1 the City absorbing a larger contribution amount. e Determine impact fees calculations/contributions based on designated land use categories (i.e.: single family, multi-family, office, retail and industrial): o This was new information presented to the Committee at the beginning of the meeting. Members reviewed the information and felt that it appeared as if the Mayor's recommended contribution splits based on land use designations were acceptable. However, since this is new information they prefer to take more time to review the material and recommend forwarding this item to the COW. FORWARD TO DECEMBER 8 COW FOR DISCUSSION. Several members of the public were in attendance at the meeting. Questions were raised regarding the park use ratios, specifically, data which stated that 70% of users are nonresidents. A comment was made that there is no data identifying what percentage of the nonresident users are employed within the City. Several guests also shared that they believe impact fees will drive development away from this location, stating that development decisions are based on prices, and the assessment per square foot of retail space is significant. Mark Segale communicated that in the impact fee audit conducted by the State for the City of Redmond detail audit work was conducted for fire fees, but not for park fees. He felt that City staff was purely making an assumption regarding park fees and wauted to clarify that no audit had been conducted on Redmond park impact fees. In closing, the Committee reviewed Capital Improvement Program (CIP) pages that are applicable to impact fee projects and requested several wording changes. B. South Correctional Entity (SCORE) Interlocal Agreement (Multi-Jurisdictional Misdemeanor Jail Facility) In relation to the South Correctional Entity facility and formation of a respective public development authority, staff is seeking full Council approval of an ordinance authorizing a SCORE interlocal agreement between all owner cities and formation ofthe SCORE Development Authority. Rhonda Berry provided an update of information regarding SCORE since the item was last heard at Committee and COW (see Finance and Safety minutes dated March 4, 2008, and COW minutes dated March 24, 2008). She distributed copies of the Powerpoint presentation that will be shown at the COW on December 8, 2008, in order to facilitate an informed discussion of the project.