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HomeMy WebLinkAboutReg 2015-10-19 Item 6B - Ordinances/Resolution - Impact Fee DeferralsCOUNCIL AGENDA SYNOPSIS ------ Laitialr --------------------------------- ITEM NO. Meetin Date Prepared by Mayor' repiew Coaauil revie 10/12/15 BM ® IZej,olution Mtg Date 10119115 ® Ordinance Mtg Date 10119115 10/19/15 BM ❑Other Mtg Date SPONSOR ❑ Council ® Mayor E] HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PIF SPONSOR'S Consideration and possible adoption of a fee deferral program to allow delayed collection Su�\I'IARY of certain building and impact fees in order to encourage residential and mixed use development within the Transit Oriented Development area of Southcenter. The program will not result in a waiver or reduction of any required fees. RC;vIE?WI ?D BY ❑ COW Mtg. ❑ C,A &P Cmte ® F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/6/15 COMMI"T"TEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /AI)MIN. Mayor's Office /Economic Development Cc�N'm'r'TA' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI?NllI "1`URt? RL?QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 ITEM INFORMATION 127 STAFF SPONSOR: BRANDON MILES 10/12/15 AGI3NDA I'rF?M Ti,n,i Building and Impact Fee Deferral Program C.1'17:GORY ® Discussion Mt Date 10112115 ❑ Motion g Date Mt ® IZej,olution Mtg Date 10119115 ® Ordinance Mtg Date 10119115 ❑ BidAward M/ g Date ❑ Pub&, Hearing Mt Date ❑Other Mtg Date SPONSOR ❑ Council ® Mayor E] HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police ❑ PIF SPONSOR'S Consideration and possible adoption of a fee deferral program to allow delayed collection Su�\I'IARY of certain building and impact fees in order to encourage residential and mixed use development within the Transit Oriented Development area of Southcenter. The program will not result in a waiver or reduction of any required fees. RC;vIE?WI ?D BY ❑ COW Mtg. ❑ C,A &P Cmte ® F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 10/6/15 COMMI"T"TEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /AI)MIN. Mayor's Office /Economic Development Cc�N'm'r'TA' Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPI?NllI "1`URt? RL?QUIRI:D AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: N/A MTG. DATE RECORD OF COUNCIL ACTION 10/12/15 Forward to next Regular Meeting MTG. DATE ATTACHMENTS 10/12/15 Informational Memorandum from staff, dated September 22, 2015 Draft Transportation Impact Fee Ordinance Draft Park Impact Fee Ordinance Draft Fire Impact Fee Ordinance Draft Building Permit Fee Resolution Staff memo, dated April 24, 2015 Minutes from the Finance and Safety Meeting of May 5, 2015 Letter from Washington Place Proponents dated May 11, 2015 Minutes from the Finance and Safety Committee Meeting of October 6, 2015 10/19/15 Ordinances and Resolutions in final form 127 128 U'6�1*ty of Tukwi"la Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2305 §3, AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 9.48.060; PROVIDING A PROCESS FOR THE DEFERRAL OF TRANSPORTATION IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2043 on May 3, 2004, which established that transportation impact fees be paid by applicants seeking development approvals in the City; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Transportation Impact Fees-deferral process 10-15-15 BM:bjs Page 1 of 4 129 Section 1. TMC Section 9.48.060 Amended. Ordinance No. 2305 §3, as codified at Tukwila Municipal Code (TMC) Section 9.48.060, 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 full at the time of issuance of such permit, unless a fee deferral agreement is executed pursuant to TMC 9.48.095. 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 2. Regulations Established. A new TMC Section 9.48.095, "Transportation Impact Fee Deferral," is hereby established to read as follows: 9.48.095 Transportation Impact Fee Deferral A. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit-Oriented Development (TUC-TOD) zoning district, fee deferrals of all or a portion of the required transportation impact fees for a project may be granted provided the following criteria are met: 1. The property owner must submit a technically- complete building permit application clearly depicting the project for which the fee deferral agreement would apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the transportation impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. W: Word Processing\Ordinances\Transportation Impact Fees-deferral process 10-15-15 Mbjs Page 2 of 4 130 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TIVIC Section 9.48.120. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and/or to protect the public welfare. C. Transportation impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred transportation impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The transportation impact fee deferral agreement may be consolidated with any agreements to defer fire, parks, or building permit fees as outlined in TIVIC Chapters 16.26 and 16.28, and the consolidated permit fee resolution adopted by the City Council. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. 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. W: Word Pror-essing\Ordinanr-es\Transportation Impact Fees-deferral process 10-15-15 BM:bjs Page 3 of 4 131 Section 5. 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 2015. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council.- Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Transportation Impact Fees-deferral process 10-15-15 BM:bjs 132 Page 4 of 4 Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2366 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.28.040; PROVIDING A PROCESS FOR THE DEFERRAL OF PARKS IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2220 on December 15, 2008, which established that parks impact fees be paid by applicants seeking development approvals in the City; and WHEREAS, the City Council adopted Ordinance No. 2366 on March 5, 2012, which enacted certain refinements to Ordinance No. 2220; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful-, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ord ina n ces\Pa rks Impact Fees-deferral process 10-15-15 BM:bjs Page 1 of 4 133 Section 1. TMC Section 16.28.040 Amended. Ordinance No. 2366 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.28.040, is hereby amended to read as follows: 16.28.040 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, consistent with the provisions of this ordinance. 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, unless a fee deferral agreement is executed pursuant to TMC Section 16.26.095. C. Except if otherwise exempt or deferred, the City shall not issue the required building permit unless or until the parks impact fees are paid. Section 2. Regulations Established. A new TMC Section 16.28.095, "Parks Impact Fee Deferral," is hereby established to read as follows: 16.28.095 Parks Impact Fee Deferral A. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit-Oriented Development (TUC-TOD) zoning district, fee deferrals of all or a portion of the required parks impact fees for a project may be granted provided the following criteria are met.- 1. The property owner must submit a technically- complete building permit application clearly depicting the project for which the fee deferral agreement will apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the parks impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. W: Word Processing\Ordinances\Parks Impact Fees-deferral process 10-15-15 BM:bjs Page 2 of 4 134 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TIVIC Section 16.28.100. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property, owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and/or to protect the public welfare. C. Parks impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred parks impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The parks impact fee deferral agreement may be consolidated with any agreements to defer fire, transportation, or building permit fees as outlined in TMC Chapters 9.48 and 16.26, and the consolidated permit fee resolution adopted by the City Council. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. 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. W: Word Processing\Ordinances\Parks Impact Fees-deferral process 10-15-15 BM:bjs Page 3 of 4 135 Section 5. 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 2015. ATTEST/AUTH E NTI CATE D: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances\Parks Impact Fees-deferral process 10-15-15 BM:bjs 136 Page 4 of 4 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2365 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.26.040; PROVIDING A PROCESS FOR THE DEFERRAL OF FIRE IMPACT FEES TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2219 on December 15, 2008, which established that fire impact fees be paid by applicants seeking development approvals in the City; and WHEREAS, the City Council adopted Ordinance No. 2365 on March 5, 2012, which enacted certain refinements to Ordinance No. 2219; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods, and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of impact fees may assist in making residential development within the Southcenter area of the City more successful; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W Word Processing\0rdinancesTire Impact Fees-deferral process 10-15-15 BM:bjs Page 1 of 4 137 Section 1. TMC Section 16.26.040 Amended. Ordinance No. 2365 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.26.040, is hereby amended to read as follows.- 16.26.040 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, consistent with the provisions of this ordinance. B. Fire 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. Fire impact fees shall be collected from the fee payer at the time the building permit is issued, unless a fee deferral agreement is executed pursuant to TMC Section 16.26.095. C. Except if otherwise exempt or deferred, the City shall not issue the required building permit unless or until the fire impact fees are paid. Section 2. Regulations Established. A new TMC Section 16.26.095, "Fire Impact Fee Deferral," is hereby established to read as follows: 16.26.095 Fire Impact Fee Deferral A. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit-Oriented Development (TUC-TOD) zoning district, fee deferrals of all or a portion of the required fire impact fees for a project may be granted provided the following criteria are met: 1. The property owner must submit a technically- complete building permit application clearly depicting the project for which the fee deferral agreement will apply. 2. Before issuance of the building permit, the property owner must submit a written letter requesting that the fire impact fee be deferred. The City will not consider any fee deferral requests from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. 3. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. 4. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. W: Word Processing\Ordinances\Fire Impact Fees-deferral process 10-15-15 BM:bjs Page 2 of 4 ,W.* 5. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred impact fees, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. 6. As part of the agreement, the property owner must agree to waive any appeals under TIVIC Section 16.26.100. B. The Mayor may consider other relevant information in approving fee deferral requests including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred impact fees. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this chapter, to protect the financial interest of the City, and/or to protect the public welfare. C. Fire impact fees may be deferred up to 10 years from the date of building permit issuance. The property owner shall make 8 equal, annual installment payments to the City, with the first payment due to the City no later than 36 months after issuance of the building permit, with the final payment being due no later than 120 months from issuance of the building permit. The property owner may pay off the entire balance any time prior to the end of the 10 -year deferral term. D. Interest shall be charged on deferred fire impact fees. The interest rate shall be the same as the stated interest rate on the Ten Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. E. The fire impact fee deferral agreement may be consolidated with any agreements to defer park, transportation, or building permit fees as outlined in TIVIC Chapters 9.48 and 16.28, and the consolidated permit fee schedule adopted by resolution of the City Council. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations-, or ordinance numbering and section/subsection numbering. Section 4. 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. W: Word Processing0rdinancesTire Impact Fees-deferral process 10-15-15 BM:bjs Page 3 of 4 139 Section 5. 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 2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing\0rdinancesTire Impact Fees-deferral process 10-15-15 BM:bjs 140 Page 4 of 4 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1845; ADOPTING A CONSOLIDATED PERMIT FEE SCHEDULE; AND PROVIDING FOR A BUILDING PERMIT FEE DEFERRAL PROCESS TO ENCOURAGE RESIDENTIAL DEVELOPMENT WITHIN CERTAIN PORTIONS OF THE SOUTHCENTER AREA OF THE CITY. WHEREAS, the City Council adopted Resolution No. 1845 in 2014, establishing the City's current consolidated construction fee schedule; and WHEREAS with adoption of the Southcenter Plan, the City laid out a vision to encourage more housing within certain portions of the Southcenter area of the City; and WHEREAS, market data indicates placement of housing within the Southcenter area is difficult to accommodate under traditional financing methods; and WHEREAS, developers often must make significant cash outlays prior to commencing construction on projects; and WHEREAS, restructuring the timing of payment of building permit fees may assist in making residential development within the Southcenter area of the City more successful; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1845 is hereby repealed, effective October 20, 2015. Section 2. For 2015 and 2016, the Technology Fee shall be set at 5% of the applicable permit fee. W: \Word Processing\ResolutionsOldg permit fee sched -fee deferral process 10 -15 -15 BM:bjs Page 1 of 12 141 Section 3. Public Works fees will be charged according to the following schedule: PUBLIC WORKS FEE SCHEDULE PERMIT DESCRIPTION FEE Type A (Short-Term Non-profit) $ 50.00 +Technology Fee Type B (Short -Term Profit) $100.00 + Technology Fee Type C $250.00 application base fee, Technology Fee, plus (infrastructure and Grading on Private Property four components based on construction value: and City Right-of-Way and Disturbance of City 1) Plan Review Right-of-Way) 2) Construction Inspection Fee 3) Pavement Mitigation Examiner 4) Grading Plan Review Type D (Long-Term) $100.00 + Technology Fee Type E (Potential Disturbance of $100.00 + Technology Fee City Right-of-Way) Fee (TF) Appeal $250.00 processing fee, plus $5,000.00 cash deposit, Type F (Blanket Permits) withdraw $100.00 per instance for inspection Franchise — Telecommunications $5,000.00 administrative fee Franchise — Cable $5,000.00 plus 5% of total revenue Street Vacation $1,200.00 $500.00 processing fee, plus 17% administrative fee, Latecomer's Agreements plus $500.00 segregation fee �Flood Zone Control Permit $50.00 + Technology Fee Section 4. Land use permit and processing fees will be charged according to the following schedule: LAND USE FEE SCHEDULE All peer review fees will be passed through to the applicant per TMC Section 18.50.200. WAWord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 Page 2 of 12 142 BM:bjs Plus 2015 2016 Hearing Plus Fee Fee Examiner Technology Decision Type Fees Fee (TF) Appeal Type 1, 2 and 4 Decisions $591 $602 SEPA MDNS Appeal $591 $602 Appeal of Sign Code Decision $591 $602 Impact Fee Appeals: Fire $591 $602 Parks $591 $602 Transportation $591 $602 WAWord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 Page 2 of 12 142 BM:bjs Modification to TUC Corridor Standards $591 $602 + TF (TMC Section 18.28.130. C) Modification to TUC Open Space Regulations $591 $602 + TF (TMC Section 18.28.250 D. 4. d) Transit Reduction to Parking Requirements $591 $602 + TF (TMC Section 18.28.260.B.5.b) Administrative $591 - $2,281 Plus + TF Public Hearing 2015 2016 Hearing Plus Decision Type + HE Fee Fee Examiner Technology Minor Modification $622 $635 Fees Fee(TF) Sign Permit (TMC Chapter 19) t .t 4 Permanent $591 $243 $248 + TF + TF Temporary $106 $108 Shared, covenant, Complementary Parking + TF Pale /Banner Initial Application $243 $248 + TF Special Event $106 $108 $602 + TF Pole /Banner Annual Renewal (TMC Section 18.56.120) $53 $54 + TF New Billboard $591 $602 + TF Master Sign Program —Admin $2,173 $2,216 + TF Master Sign Program —BAR $3,479 $3,549 + TF Modification to TUC Corridor Standards $591 $602 + TF (TMC Section 18.28.130. C) Modification to TUC Open Space Regulations $591 $602 + TF (TMC Section 18.28.250 D. 4. d) Transit Reduction to Parking Requirements $591 $602 + TF (TMC Section 18.28.260.B.5.b) Administrative $591 $2,236 $2,281 + TF + TF Public Hearing $4,006 $4,086 Parking Variance + TF Major Modification + HE $1,370 $1,397 + TF Minor Modification $622 $635 $591 + TF Administrative Parking Variance $591 $602 + TF (Ty e 2 —TMC Section 18.56.140) Parking Variance $969 $9$8 + HE + TF (Type 3 —TMC Section 18.56.140) Parking Standard for use not specified $579 $591 + TF (TMC 18.28.250 D.4.d.1 and TMC 18.56.100) Residential Parking Reduction $591 $602 + TF (TMC Section 18.56.065) Shared, covenant, Complementary Parking $591 $602 + TF Reduction (TMC Section 18.56.070) Parking Lot Restriping $591 $602 + TF (TMC Section 18.56.120) W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 Page 3 of 12 BM:bjs 143 Boundary Line Adjustment $1,677 $1,710 Plus + TF (TMC Chapter 17.08 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Fees Technology Fee F rlanances,peclai Permnss10 ns and S►te Plan Rea�ew Major Modification (TMC Section 18.46.130) $2,425 $2,473 Short Plat (2-4 lots) $3,817 $3,893 Variances $2,825 $2,882 + HE + TF (TMC Section 18.72) Short Plat (5 -9 lots) Environmentally Sensitive Areas Deviation, $1,495 $1,525 + TF + TF Buffer Reduction (TMC Chapter 18.45) Reduced fee for LDR homeowners, no $591 $602 associated short plat Reasonable Use Exception $2,991 $3,050 + HE + TF (TMC Section 18.45.180) Exception from Single Family Design Standard $591 $602 + TF (TMC Section 18.50.050) Special Permission Cargo Container $591 $602 + TF (TMC Section 18.50.060) Landscape Perimeter Averaging $591 $602 + TF (TMC Section 18.52.060) Tree and Landscape Modification Permit and $105 $107 + TF Exceptions (TMC Chapter 18.54) Boundary Line Adjustment $1,677 $1,710 $2,216 + TF (TMC Chapter 17.08 Public Hearing (TMC Section 18.46. 110) $4,986 $5,085 Lot Consolidation $622 $635 $602 + TF (TMC Chapter 17.08) Major Modification (TMC Section 18.46.130) $2,425 $2,473 Short Plat (2-4 lots) $3,817 $3,893 + TF (TMC Chapter 17.12) Short Plat (5 -9 lots) $4,344 $4,431 + TF (TMC Chanter 17.12) Subdivision: Preliminary Plat (10+ lots) $4,986 $5,085 + HE + TF (TMC Section 17.14.020) Final Plat (10+ lots) $2,991 $3,050 + TF (TMC Section 17.12.030) Binding Site Improvement Plan I $3,817 I $3,893 I + TF (TMC Chapter 17.16) Planned Residential Development: Administrative (TMC Section 18.46.110) $2,173 $2,216 + TF Public Hearing (TMC Section 18.46. 110) $4,986 $5,085 + TF Minor Modification (TMC Section 18.46.130) $591 $602 + TF Major Modification (TMC Section 18.46.130) $2,425 $2,473 + TF W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 BM:bjs Page 4 of 12 144 Checklist $1,709 $1,743 $494 Plus SEPA EIS $2,991 $3,050 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Technology Use Permits 4, Y + TF SEPA Exemption Letter $348 Fees Fee F Wllreless Cornmun>ICat>ton FacIlJ�ty (�!V!C Chapter 18 58 Ov�O) ; $4,986 $5,085 z + TF + TF Shoreline Tree Permit (TMC Chapter 18.44 $105 $107 Minor (Type 1) Shoreline Environment Redesignation $591 $602 + TF Administrative (Type 2) $1,677 1,710 + TF Major or Height Waiver (Type 3) $3,352 $3,419 + HE + TF Checklist $1,709 $1,743 $494 + TF SEPA EIS $2,991 $3,050 $654 + TF SEPA Planned Action EA $591 $602 + TF SEPA Addendum $591 $602 Use Permits 4, Y + TF SEPA Exemption Letter $348 $355 $248 + TF Sensitive Area Master Plan Overlay (TMC 18.45.160) $4,986 $5,085 $3,957 + TF Substantial Development Permit: (TMC Chapter 18.44) Project value: $5,000-$10,000 $1,181 $1,205 $494 + TF $10,001 - $50,000 $2,763 $2,818 $654 + TF $50,001 - $500,000 $4,406 $4,495 + TF More than $500,000 $5,588 $5,699 Use Permits 4, Y + TF Permit Exemption Letter, Shoreline $243 $248 + TF Conditional Use Permit, Shoreline (TMC 18.44.050) $3,879 $3,957 + HE + TF Shoreline Tree Permit (TMC Chapter 18.44 $105 $107 + TF Shoreline Environment Redesignation $2,991 $3,050 + TF Type 1 $485 $494 + TF Type II $654 $667 + TF Type III $1,454 $1,483 + HE + TF Use Permits 4, Y -r Conditional Use Permit $3,879 $3,957 + HE + TF (TMC Section 18.64.020) Unclassified Use Permit $4,986 $5,085 + TF (TMC Chapter 18.66) TSO Special Permission Use $969 $988 + HE + TF (TMC Section 18.41.060) W: \Word Processing\Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 Page 5 of 12 BM:bjs 145 Development Agreement $1,994 $2,034 Plus + TF Code Interpretation (TMC Section 18.90.010) 2015 2016 Hearing Plus Decision Type Fee Fee Examiner Technology Legal Lot Verification $559 $570 Fees Fee ff) Coin h, a n" $485 $494 fraction thereof, to and including $500,000 + Technology Fee + TF 'Chapter �J' $458 $467 $1,000,001 to $5,000,000 1 Rezone (Map Change) $3,489 $3,559 $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction +TF Comprehensive Plan Amendment $3,988 $4,068 + TF Zoning Code Text Amendment $4,533 $4,624 + TF Development Agreement $1,994 $2,034 $65.00 + Technology Fee + TF Code Interpretation (TMC Section 18.90.010) $348 $355 $2,001 to $25,000 + TF Zoning Verification Letter $348 $355 $600.40 for the first $25,000, plus $15.30 for each additional $1,000, or + TF Legal Lot Verification $559 $570 + TF Preapplication Meeting $485 $494 fraction thereof, to and including $500,000 + Technology Fee + TF Mailing Fee to Generate Labels, per project $458 $467 $1,000,001 to $5,000,000 1 Public Notice Mailing Fee per address for each mailing $1 $1 $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction I Section 5. Building permit fees will be charged according to the following schedule: BUILDING PERMIT FEE SCHEDULE Total Valuation Building Permit Fees $1 to $500 $65.00 + Technology Fee $501 to $2,000 $65.00 for the first $500, plus $4.30 for each additional $100, or fraction thereof, to and including $2,000 + Technology Fee $2,001 to $25,000 $129.50 for the first $2,000, plus $19.60 for each additional $1,000, or fraction thereof, to and including $25,000 + Technology Fee $25,001 to $50,000 $600.40 for the first $25,000, plus $15.30 for each additional $1,000, or fraction thereof, to and including $50,000 + Technology Fee $50,001 to $100,000 $983.25 for the first $50,000, plus $10.60 for each additional $1,000, or fraction thereof, to and including $100,000 + Technology Fee $100,001 to $500,000 $1,511.60 for the first $100,000, plus $8.50 for each additional $1,000, or fraction thereof, to and including $500,000 + Technology Fee $500,001 to $1,000,000 $4,906.30 for the first $500,000, plus $7.00 for each additional $1,000, or fraction thereof, to and including $1,000,000 + Technology Fee $1,000,001 to $5,000,000 $8,443.25 for the first $1,000,000, plus $4.70 for each additional $1,000, or fraction thereof, to and including $5,000,000 +Technology Fee $5,000,001 and up $27,243.25 for the first $5,000.000, plus $4.50 for each $1,000 or fraction thereof + Technology Fee WAWord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 Page 6 of 12 146 BM:bjs A. Non-Structural Plan Review Fee. A non-structural plan review fee shall be paid at the time of submitting plans and specifications for review. The non-structural plan review fee shall be 65% of the calculated permit fee as set forth in the permit fee schedule. The non-structural plan review fee specified herein is a separate fee from the permit fee and is in addition to the permit fee. B. Structural Plan Review Fee. Where a structural plan review is deemed necessary, a structural plan review fee shall be charged. The structural plan review fee shall be 35% of the calculated non-structural plan review fee. C. Southcenter Building Permit Fee Deferral Program 1. In order to encourage residential and mixed-use development within the Tukwila Urban Center Transit-Oriented Development (TUC-TOD) zoning district, fee deferral of all or a portion of a required building permit fee for a project may be granted provided the following criteria are met: a. The property owner must submit a technically - complete building permit application clearly depicting the project for which the fee deferral agreement will apply and pay all required plan review fees. The building permit fee being considered for deferral must be greater than $300,000. b. Before issuance of the building permit, the property owner must submit a written letter requesting that the building permit fee be deferred. The City will not consider any fee deferral request from a tenant, contractor, or other third party. The request must be submitted to the City no later than December 31, 2016. A parcel is only eligible to have one fee deferral granted for one building permit for a project. c. The project must be located west of the Green River and be within the TUC-TOD zoning district per Figure 18-16, District Map, in Title 18 of the Tukwila Municipal Code. d. The project must include at least 100 residential units and at least 50 percent of the gross building square footage must be used for residential purposes. For purposes of this section, the term "residential" does not include hotels, motels, bed and breakfasts or other similar transient lodging accommodations. e. A fee deferral agreement between the City and the property owner must be executed prior to issuance of the building permit. The Mayor is authorized to execute such agreements on behalf of the City. Provisions must be included in the agreement to secure payment of the deferred building permit fee, plus accrued interest, in the case of default by the property owner. Provisions may include, but are not limited to, a lien against subject property, letter of credit and/or surety bond. W:\Word Processing\Resolutions\l3ldg permit fee sched-fee deferral process 10-15-15 BM:bjs Page 7 of 12 147 2. The Mayor may consider other relevant information in approving the fee deferral request including, but not limited to, the ability of the property owner to satisfy the obligations of the agreement and pay the deferred building permit fee. The Mayor is authorized to include any other provisions or requirements in the deferral agreement that he/she deems necessary to meet the intent of this resolution, to protect the financial interest of the City, and/or to protect the public welfare. 3. The building permit fee may be deferred up to 24 months after issuance of the building permit and must be paid before the City will issue a certificate of occupancy for the building. 4. Interest shall be charged on the deferred building permit fee. The interest rate shall be the same as the stated interest rate on the Two Year US Treasury Note on the date the building permit is issued (or closest date thereof). Interest shall be compounded annually and shall begin to accrue upon issuance of the building permit. 5. The building permit fee deferral agreement may be consolidated with any agreements to defer transportation, fire, or park impact fees as outlined in TIVIC Chapters 9.48, 16.26, and 16.28. 6. Only the building permit fee due at time of issuance of the building permit is eligible for deferral. All other fees including, but not limited to, building permit plan review fees, utility connection fees, and fees related to mechanical, plumbing, land use, sign, and public works fees are due in the normal course of business, as typically charged to other applicants. W:\Word Processing\Resolutions\Bidg permit fee sched-fee deferral process 10-15-15 Page 8 of 12 148 BM:bjs Section 6. Mechanical permit fees will be charged according to the following schedule: MECHANICAL PERMIT FEE SCHEDULE Valuation of $32.50 + Technology Fee Work (Total Mechanical Permit Fee Contract Amount For each additional fixture $14.00 + Technology Fee $32.50 for issuance of each permit (base fee) + Technology Fee $250 or less $65.00 + Technology Fee $251 to $500 $65.00 for first $250, plus $7.83 for each $100 or fraction thereof, to $14.00 + Technology Fee and including $500 + Technology Fee $501 to $1,000 $84.60 for the first $500, plus $8.70 for each $100 or fraction thereof, to $29.10 + Technology Fee and including $1,000 + Technology Fee $1,001 to $5,000 $128.10 for the first $1,000, plus $9.65 for each $1,000 or fraction $14.00 + Technology Fee thereof, to and including $5,000 + Technology Fee $5,001 to $50,000 $166.70 for the first $5,000, plus $10.05 for each $1,000 or fraction thereof, to and including $50,000 + Technology Fee $50,001 to $250,000 $639.20 for the first $50,000, plus $8.40 for each $1,000 or fraction thereof, to and including $250,000 + Technology Fee $250,001 to $1,000,000 $2,319.20 for the first $250,000, plus $7.40 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee $1,000,001 and up $7,869.20 for the first $1,000,000, plus $6.70 for each $1,000 or fraction thereof + Technology Fee Section 7. Plumbing permit fees will be charged according to the following schedule: PLUMBING PERMIT FEE SCHEDULE Permit Issuance -- Issuance of each permit (base fee) $32.50 + Technology Fee Unit Fee Schedule (in addition to base fee above: For one plumbing fixture (a fixture is a sink, toilet, bathtub, etc.) $65.00 + Technology Fee For each additional fixture $14.00 + Technology Fee For each building sewer and each trailer park sewer $24.80 + Technology Fee Rain water system — per drain (inside building) $14.00 + Technology Fee For each water heater and /or vent $14.00 + Technology Fee For each industrial waste pretreatment interceptor, including its tra and vent, except for kitchen type grease interceptors $28.00 + Technology Fee For each grease interceptor for commercial kitchens $29.10 + Technology Fee For each repair or alteration of water piping and /or water treating equipment, each occurrence $14.00 + Technology Fee For each repair or alteration of drainage or vent piping, each fixture $14.00 + Technology Fee W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 Page 9 of 12 BM:bjs 149 PLUMBING PERMIT FEE SCHEDULE (continued) For each medical gas piping system serving one to five $82.00 + Technology Fee inlets/outlets for a specific as $81.90 + Technology Fee For each additional medical gas inlets/outlets $16.20 + Technology Fee For each lawn sprinkler system on any one (1) meter including $29. 10 + Technology Fee backflow protection devices therefor. For atmospheric-type vacuum breakers not included in lawn sprinkler backflow protection: 1 to 5 .... $14.00 + Technology Fee Over 5... $14.00 for first 5 plus $3.25 for each additional + Technology Fee For each backflow protective device other than atmospheric type vacuum breakers: 2-inch diameter and smaller... $29.10 + Technology Fee Over 2-inch diameter: .... ..... - $32.25 + Technology Fee Section 8. Fuel Gas Piping permit fees will be charged according to the following schedule: FUEL GAS PIPING PERMIT FEE SCHEDULE 1. Permit Issuance: For issuing each permit (base fee): ($0 if permit is in conjunction with $32.50 + Technology Fee a plumbing permit for an appliance with both plumbing and gas connection.) 2. Unit Fee Schedule (in addition to item in subparagraph 7.1.): For each gas piping system of one to five outlets $65.00 + Technology Fee For each additional gas piping system outlet, per outlet $14.00 + Technology Fee Section 9. Electrical permit fees will be charged according to the following schedule: ELECTRICAL PERMIT FEE SCHEDULE 1. NEW SINGLE-FAMILY DWELLINGS New single-family dwellings (including a garage) $152.85 + Technology Fee Garages, pools, spas and outbuildings $81.90 + Technology Fee Low voltage systems $59.85 + Technology Fee WAVVord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 Page 10 of 12 150 BM:bjs ELECTRICAL PERMIT FEE SCHEDULE (continued) 2. SINGLE - FAMILY REMODEL AND SERVICE CHANGES Service change or alteration -no added /altered circuits $81.90 + Technology Fee Service change $81.90 with added /altered circuits, plus $11.55 for $81.90 + Technology Fee each added circuit maximum permit fee $152.85 $86.25 + Technology Fee Circuits added /altered without service change (includes up to 5 $54.60 + Technology Fee circuits $65.00 + Technology Fee Circuits $54.60 added /altered without service change (more than $54.60 + Technology Fee 5 circuits); $7.65 for each added circuit (maximum permit fee $98.70 includin $1,000 + Technology Fee + Technology Fee $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, Meter /mast repair $68.25 + Technology Fee Low voltage systems $59.85 + Technology Fee MULTI - FAMILY AND COMMERCIAL (including low voltage) Valuation of $65.00 + Technology Fee Work (Total Permit Fee Contract Amount) $86.25 + Technology Fee Carnivals: $250 or less $65.00 + Technology Fee $251 - $1,000 $65.00 for the first $250 plus $4.30 for each $100 or fraction thereof, to and • Each ride and generator truck includin $1,000 + Technology Fee $1,001 - $5,000 $97.00 for the first $1,000 plus $21.60 for each $1,000 or fraction thereof, Adult family home inspection (paid at the time of scheduling the inspection) -- Disaster recovery emergency repair permit (residential structures to and including $5,000 + Technology Fee $5,001 - $50,000 $183.30 for the first $5,000 plus $17.70 for each $1,000 or fraction thereof, to and including $50,000 + Technology Fee $50,001 - $250,000 $979.15 for the first $50,000 plus $12.90 for each $1,000 or fraction thereof, to and including $250,000 + Technology Fee $250,001 - $1,000,000 $3,567.20 for the first $250,000 plus $9.15 for each $1,000 or fraction thereof, to and including $1,000,000 + Technology Fee Over $1,000,000 $10,440.70 plus 0.5% of cost over $1,000,000 + Technology Fee 4. MISCELLANEOUS ELECTRICAL PERMIT FEES Temporary service (residential) $65.00 + Technology Fee Temporary service /generators $80.90 + Technology Fee Manufactured /mobile home parks and RV park sites, each service and feeder $86.25 + Technology Fee Carnivals: • Base fee $80.60 + Technology Fee • Each concession fee $10.80 + Technology Fee • Each ride and generator truck $10.80 + Technology Fee Inspections or plan review not specified elsewhere (one -half hour minimum). Safety inspections, plan revisions. $66.50 /hour Adult family home inspection (paid at the time of scheduling the inspection) -- Disaster recovery emergency repair permit (residential structures $66.50 $20.00 W: \Word Processing \Resolutions \Bldg permit fee sched -fee deferral process 10 -15 -15 BM:bjs Page 11 of 12 151 Section 10. Other inspections and fees will be charged according to the following schedule: OTHER INSPECTIONS AND FEES Inspections outside of normal business hours (three hour minimum charge) $100.00 /hour Re-inspection fee $66.50/hour Inspection for which no fee is specifically indicated—investigations or safety $66.50/hour inspections Additional plan review required by changes, additions, or revisions to approved $66.50/hour plans (minimum charge one-half hour) Work commencing before permit issuance shall be subject to an investigation fee 100% of the permit equal to 100% of the permit fee. fee Plan review fee—Mechanical, Plumbing, Fuel Gas Piping and Electrical: The fee for review shall be 25% of the total calculated permit fee. The plan review fee is a separate fee from the permit fee and is required when plans are required in order to document compliance with the code. Work covered without inspection or work not ready at the time of inspection may be char ed a re -ins ection fee of $66.50. Expired permit final – includes two inspections $133.00 Expired permit final – each additional inspection $66.50 Minor residential remodel plan review and permit (projects up to $20,000) $20.00 Section 11. Effective Date. This resolution and the fee schedules contained herein shall be effective as of October 20, 2015. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of )2015. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Rachel B. Turpin, City Attorney Kate Kruller, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: VVAVVord Processing\Resolutions\Bldg permit fee sched-fee deferral process 10-15-15 152 BM:bjs Page 12 of 12