HomeMy WebLinkAboutOrd 2486 - Fire Impact Fee Deferral Process - Southcenter Area (Repealed by Ord 2571)
Cover page to Ordinance 2486
The full text of the ordinance follows this cover page.
Ordinance 2486 was amended or repealed by the
following ordinances.
REPEALED
Section(s) Repealed Repealed by Ord #
2571
Ordinance no 2486
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 \Ordinances \Fire Impact Fees - deferral process 10 -15 -15
BM:bjs Page 1 of 4
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
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 TMC 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 TMC
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 Processing \Ordinances \Fire Impact Fees - deferral process 10 -15 -15
BM:bjs Page 3 of 4
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 o- E[ " ho r , 2015.
ATTEST /AUTHENTICATED: A
C n .. F
Christy O'Flaherty, MMC, City Clerk iinyti4ggerton
APPROVED AS TO FORM BY:
Rachel B. Turpin, ity Attorney
Filed with the City Clerk: J (2 -1 -I
Passed by the City Council: � r) - ict -1-5
Published:
Effective Date:
Ordinance Number:�1
W: Word Processing \Ordinances \Fire Impact Fees - deferral process 10 -15 -15
BM:bjs Page 4 of 4
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2483 -2486.
On October 19, 2015 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2483: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON - EXCLUSIVE FRANCHISE TO PUGET
SOUND ENERGY, INC., A WASHINGTON CORPORATION, TO CONSTRUCT,
INSTALL, REPLACE, MAINTAIN, REPAIR, AND OPERATE ELECTRIC LIGHT,
POWER, AND NATURAL GAS SYSTEMS IN, UPON, OVER, UNDER, ALONG,
ACROSS, AND THROUGH THE FRANCHISE AREA; REPEALING ORDINANCE NOS.
471 AND 1178; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2484: 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.
Ordinance 2485: 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.
Ordinance 2486: 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.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: October 22, 2015