HomeMy WebLinkAboutOrd 2484 - Transportation Impact Fee Deferral Process (Southcenter Area)ordinance no 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.
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:
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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.
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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 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 TMC 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.
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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 - I ()'T�' day of C.~�� _'2015.
ATTEST /AUTHENTICATED:
Christy O'Fla rty, MMC, City Cler
APPROVED AS TO FORM BY:
�T cu� I c
Rachel B. Turpin, ity Attorney
Filed with the City Clerk: % Q —1 q- t`5
Passed by the City Council: I 0 -tg -l_�
Published: i 0 _,AA t <
Effective Date: j. C - \ J-1-1 _S
Ordinance Number: aq VL4
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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