HomeMy WebLinkAboutFIN 2017-11-21 Item 2B - Public Safety Plan - Ordinance/Resolution on Parks and Fire Impact FeesCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance Committee
FROM: Peggy McCarthy, Finance Director
CC: Mayor Ekberg
DATE: November 15, 2017
SUBJECT: Update Fire and Park Impact Fees
ISSUE
Approve the following impact fee legislation:
1.an ordinance updating the fire impact fees
2.an ordinance updating the park impact fees
3.an ordinance amending the Park, Recreation and Open Space (PROS) Plan
4.a resolution amending the Capital Improvement Plan (CIP)
BACKGROUND
Fire and park impact fees were enacted by the City in 2008 and have not been updated since that
time. To ensure growth continues to pay for growth, the fee methodology, the level of service and the
supporting statistics and data have been reviewed and updated.
DISCUSSION
The fee calculations reflect expected growth over the next ten years. The fire impact fee is based on
the estimated replacement cost of existing facilities on a per fire call or incident basis. This
replacement cost per incident is then translated into a cost per residential unit based on the historical
call experience for each unit type — single family or multifamily. The replacement cost per incident is
also translated into a replacement cost per 1000 square feet of commercial development based on
the historical call experience for each land use type — office, retail or industrial.
The park impact fee is based on the identified capital needs (the planned projects) from growth on a
new service population per capita basis — comprising the expected new residents and employees.
The capital needs cost per capita is then translated into a per housing unit cost or per 1000 square
feet cost for residential housing units and commercial development respectively.
An ordinance amending the PROS Plan is needed because the parks level of service as stated in the
adopted PROS Plan will be revised through the impact fee update. A resolution amending the CIP is
needed because the impact fee eligible projects as stated in the adopted CIP will be revised through
the impact fee update.
RECOMMENDATION
The Council is being asked to approve the ordinances and resolution and consider this item at the
November 27, 2017 Committee of the Whole meeting and subsequent December 4, 2017 Regular
Meeting.
ATTACHMENTS
-Draft fire impact fee ordinance.
- Draft park impact fee ordinance
- Draft Parks, Recreation and Open Space amendment ordinance
- Draft Capital Improvement Plan amendment resolution
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS.
2486 AND 2365, AS CODIFIED IN TUKWILA MUNICIPAL
CODE CHAPTER 16.26; REPEALING ORDINANCE NO. 2521
§4, 5 AND 6; REENACTING TMC CHAPTER 16.26, "'FIRE
IMPACT FEES," TO AMEND THE PROCESS FOR IMPOSING
AND ADMINISTERING FIRE IMPACT FEES TO BETTER
ADDRESS THE NATURE OF DEVELOPMENT ACTIVITY IN
TUKWILA; ADDING REGULATIONS RELATING TO ANNUAL
FIRE IMPACT FEE UPDATES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 2365 on March 5, 2012;
Ordinance No. 2486 on October 19, 2015; and Ordinance No. 2521 on December 5, 2016,
all related to impact fees; and
WHEREAS, the City may periodically update its impact fee schedules to reflect
changes in the cost of completing planned improvements and the fair share contribution
applicable to new growth; and
WHEREAS, on November 27, 2017, the Tukwila City Council, following adequate
public notice, held a public hearing on the draft ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2486 and 2365 are hereby repealed in their
entirety.
Section 2. Repealer. Ordinance No. 2521, §4, 5 and 6 is hereby repealed; these
sections were codified as follows:
TMC Section 16.26.030, "Definitions"
TMC Section 16.26.120, "Exemptions"
TMC Section 16.26.125, "Residential Impact Fee Deferral"
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Section 3. TMC Chapter 16.26 Reenacted. Tukwila Municipal Code (TMC) Chapter
16.26 is hereby reenacted to read as follows:
CHAPTER 16.26
FIRE IMPACT FEES
Sections:
16.26.010 Authority and Purpose
16.26.020 Findings
16.26.030 Definitions
16.26.040 Fire Impact Fee Assessment
16.26.050 Use of Fire Impact Fees
16.26.060 Fire Impact Fee Capital Facilities Plan
16.26.070 Fire Impact Fee Formula
16.26.080 Annual Fire Impact Fee Updates
16.26.090 Individual Projects Fire Impact Fee Adjustments
16.26.095 Fire Impact Fec Deferral
16.26.100 Credits
16.26.110 Appeals
16.26.120 Exemptions
16.26.125 Residential Impact Fee Deferral
16.26.130 Refunds
16.26.140 Authority Unimpaired
Section 4. TMC Section 16.26.010 is hereby reenacted to read as follows:
16.26.010 Authority and Purpose
A. Authority. The City of Tukwila's impact fee financing program has been
developed pursuant to the City of Tukwila's policy powers, the Growth Management Act
as codified in Chapter 36.70A of the Revised Code of Washington (RCW).
B. Purpose. The purpose of the financing plan is to:
1. Develop a program consistent with Tukwila's Fire Department Capital
Facilities Plan and the Capital Improvement Program for joint public and private financing
of fire protection services necessitated in whole or in part by development within the City
of Tukwila;
2. Ensure adequate levels of public fire protection and service are consistent
with the current level of service standards;
3. Create a mechanism to charge and collect fees to ensure that development
bears its proportionate share of the capital costs of public fire protection facilities
necessitated by development; and
4. Ensure fair collection and administration of such fire impact fees.
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Section 5. TMC Section 16.26.020 is hereby reenacted to read as follows:
16.26.020 Findings
The City Council finds and determines that growth and development in the City create
additional demand and need for public fire protection facilities in the City, and the City
Council finds that growth and development should pay its proportionate share of the costs
of the facilities needed to serve the growth and development in the City. Therefore,
pursuant to RCW 36.70A and RCW 82.02.050 through 82.02.100, which authorize the
City to impose and collect impact fees to fund public facilities that serve growth, the City
Council adopts this ordinance to impose fire protection impact fees for fire protection
services. It is the Council's intent that the provisions of this ordinance be liberally
construed in establishing the fire impact fee program.
Section 6. TMC Section 16.26.030 is hereby reenacted to read as follows:
16.26.030 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 otherwise, the words or phrases defined in this
section shall have the following meanings:
1. "Accessory residential structure" means a structure that is incidental and
subordinate to the principal residence on the property and is physically detached to the
principal residence, but does not include accessory dwelling units. For example, a
detached garage or storage shed for garden tools are considered accessory residential
structures.
2. "Building permit" means an official document or certification of the City of
Tukwila issued by the City's building official which authorizes the construction, alteration,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement,
demolition, moving, or repair of a building or structure.
3. "City" means the City of Tukwila, Washington, County of King.
4. "Development activity" means any construction, reconstruction, or
expansion of a building, structure, or use, or any changes in use of a building or structure,
or any changes in the use of land, requiring development approval.
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.
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8. "Fire protection facilities" means all publicly owned apparatus and
buildings within the City that are used for fire protection and/or emergency response and
aid.
9. "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 growth and development
that is a proportionate share of the cost of fire capital facilities used for facilities that
reasonably benefit development. Impact fees do not include reasonable permit fees,
application fees, administrative fees for collecting and handling fire impact fees, or the
cost of reviewing independent fee calculations.
10. "Low-income housing" means housing where monthly costs, including
utilities other than telephone, do not exceed are no greater than 30% of the resident's
household monthly income and where household monthly income must be is 80% or less
of the King County Median family income adjusted for family size as reported by the U.S.
Department of Housing and Urban Development.
11. "Owner" means the owner of record of real property, as found in the records
of King County, Washington, or a person with an unrestricted written option to purchase
property; provided, that if the real property is being purchased under a recorded real
estate contract, the purchaser shall be considered the owner of the property.
12. "Proportionate share" means that portion of the cost for fire facility
improvements that are reasonably related to the service demands and needs of
development.
Section 7. TMC Section 16.26.040 is hereby reenacted 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, - - - - - -
Section 16.26.095.
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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 8. TMC Section 16.26.050 is hereby reenacted to read as follows:
16.26.050 Use of Fire Impact Fees
A. Pursuant to this ordinance, fire impact fees shall be used for fire facilities that will
reasonably benefit growth and development, and only for fire protection facilities
addressed by the City's Capital Facilities Element of the Comprehensive Plan.
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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 to, land acquisition, site
improvements, engineering and architectural services, permitting, financing,
administrative expenses and applicable mitigation costs, and capital equipment
pertaining to fire protection facilities.
E. Fire impact fees may also be used to recoup public improvement costs incurred
by the City to the extent that 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 fire
facility improvements, impact fees may be used to pay the principal on such bonds
Section 9. TMC Section 16.26.060 is hereby reenacted to read as follows:
16.26.060 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 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, except for fees adjusted through the annual
update process outlined in TMC Section 16.26.080.
Section 10. TMC Section 16.26.070 is hereby reenacted, thereby eliminating Figure
16-1, "Tukwila Fire Impact Fees, 2008;" and Figure 16-2, "Fire Department Capital Facilities
List," and shall read as follows:
16.26.070 Fire Impact Fee Formula.
A. The impact fee formula is based on the assumptions found in Figure 16 1, 2008
Tukwila Fire Impact Fees, and Figure 16 2, Tukwila Fire Department Capital Facilities
List, "Tukwila Fire and Parks Impact Fees Rate Study, 2017," Exhibit A attached to the
ordinance and by this reference fully incorporated herein. A fee schedule is codified as
Figure 16-1, Fee Schedule, attached hereto as Exhibit B.
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B. Each development shall mitigate its impacts on the City's fire protection facilities
by payment of a fee that is based on the type of land use and square footage of the
development, and proportionate to the cost of the fire protection facility improvements
necessary to serve the needs of growth. For residential development, fee amount is
based on number of units; for commercial development, fee amount is based on square
footage of the development.
C. Applications for a change of use shall receive credit based on the existing use.
This credit is calculated by deducting the fee amount of the existing use from the fee of
the proposed use.
Section 11. TMC Section 16.26.080, "Annual Fire Impact Fee Updates," is hereby
established to read as follows:
16.26.080 Annual Fire Impact Fee Updates
Fire impact fee rates shall be updated annually using the following procedures:
1. The Fire Chief shall use the Construction Cost Index for Seattle (June -June)
published by the Engineering News Record to calculate annual inflation adjustments in
the impact fee rates. The fire impact fees shall not be adjusted for inflation should the
index remain unchanged.
2. The impact fee rates, as updated annually per TMC Section 16.26.080(1),
shall be effective January 1, 2019, and on January 1 of each year thereafter, and a copy
shall be provided to the City Council.
Section 12. TMC Section 16.26.090 is hereby reenacted to read as follows:
16.26.988090 Individual Project Fire Impact Fee Adjustments
A. The City may adjust a fire impact fee at the time the fee is imposed in order 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 in order 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 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 who are qualified in their respective fields; and
5. Shows the basis upon which the independent fee calculation was made.
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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 for the particular development activity. The Fire Chief shall consider
the documentation submitted by the applicant, but is not required to accept such
documentation that the Chief reasonably deems to be inaccurate or unreliable.
D. A developer requesting an adjustment or independent fee calculation may pay
the impact fees imposed by this ordinance in order to obtain a building permit while the
City determines whether to partially reimburse the developer by making an adjustment or
by accepting the independent fee calculation.
Section 13. TMC Section 16.26.100 is hereby reenacted to read as follows:
16.26.100 Credits
In computing the fee applicable to a given development, credit shall be given for the fair
market value measured at the time of dedication, for any dedication of land for
improvements to, or new construction of, any fire protection facilities that are identified in
the Capital Facilities Element and that are required by the City as a condition of approving
the development activity.
Section 14. TMC Section 16.26.110 is hereby reenacted to read as follows:
16.26.400110 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 submitted 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 by 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 filed 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 and paying the accompanying appeal fee as set forth in the
existing fee schedule for land use decisions.
Section 15. TMC Section 16.26.120 is hereby reenacted to read as follows:
16.26.120 Exemptions.
A. The fire impact fees are generated from the formula for calculating the fees as
set forth in this chapter. 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 development activity located within the
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City shall be charged a fire impact fee; provided, that the following exemptions shall apply.
B. The following shall be exempt from fire impact fees:
1. Replacement of a structure with a new structure having the same use, at the
same site, and with the same gross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
2. Alteration, expansion, 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 that do not create an increase in demand for fire services.
5. Demolition of or moving an existing structure within the City from one site to
another.
6. Fire impact fees for the construction of low-income housing may be reduced
at the discretion of the Fire Chief when requested by the property owner in writing prior
to permit submittal and subject to the following criteria:
a. The property owner must Ssubmittal of a fiscal impact analysis of how a
reduction in impact fees for the project would contribute to the creation of low-income
housing; and
Eb- The developer property owner must record a covenant per RCW
82.02.060(3) that prohibits using the property for any purpose other than for low-income
housing at the original income limits for a period of at least 10 years. At a minimum, the
covenant must address price restrictions and household income limits for the low-income
housing, and that if the property is converted to a use other than low income housing
within 10 years, the property owner must pay the City the applicable impact fees in effect
at the time of conversion.
c. Should the property owner satisfy the criteria in TMC Section
16.26.120.B.6., a and b, and the Fire Chief determines a fee reduction is in the best
interest of the City, the fees will be reduced, based on the following table:
b. Fcc reduction table.
Unit Size
Affordability Target 1
Fee Reduction
2 or more bedrooms
80% 2
40%
2 or more bedrooms
60% 2
60%
Any size
50% 2
80%
1 — Units to be sold or rented to a person or household whose monthly
housing costs, including utilities other than telephone, do not exceed
30% of the household's monthly income.
2 — Percentage of King County Median family income adjusted for family
size as reported by the U.S. Department of Housing and Urban
Development.
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7. Change of Use. A development permit for a change of use that has less
impact than the existing use shall not be assessed a fire impact fee.
8. A fee payer required to pay for system improvements pursuant to RCW
43.21C.060 shall not be required to pay an impact fee for the same improvements under
this ordinance.
9. A fee payer installing a residential fire sprinkler system in a single-family
home shall not be required to pay the fire operations portion of the impact fee. The
exempted fire operations impact fee shall not include the proportionate share related to
the delivery of emergency medical services.
Section 16. TMC Section 16.26.125 is hereby reenacted to read as follows:
16.26.125 Residential Impact Fee Deferral
fee deferral process for single family residontial construction in order to promote
economic recovery in the construction industry.
-BA. Applicability.
1. The provisions of this chaptersection shall apply to all impact fees
established and adopted by the City pursuant to Chapter 82.02 RCW, including impact
fees for fire facilities assessed under Tukwila Municipal Code Chapter 16.26.
2. Subject to the limitations imposed in the Tukwila Municipal Code, the
provisions of this chaptersection shall apply to all building permit applications for single-
family detached and single-family attached residential construction. For the purposes of
this chaptersection, an "applicant" includes an entity that controls the named applicant, is
controlled by the named applicant, or is under common control with the named applicant.
GB. Impact Fee Deferral.
1. Deferral Request Authorized. Applicants for single-family attached or single
family detached residential building permits may request to defer payment of required
impact fees until the sooner of:
a. final inspection; or
b. the closing of the first sale of the property occurring after the issuance
of the applicable building permit;
which request shall be granted so long as the requirements of this chapter
section are satisfied.
2. Method of Request. A request for impact fee deferral shall be declared
submitted at the time of preliminary plat application (for platted development) or building
permit application (for non -platted development) in writing on a form or forms provided by
the City, along with payment of the applicable application or permit fees.
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3. Calculation of Impact Fees. The amount of impact fees to be deferred under
this chaptersection shall be determined as of the date the request for deferral is submitted.
gC. Deferral Term. The term of an impact fee deferral granted under this
chaptersection may not exceed 18 months from the date the building permit is issued
("Deferral Term"). If the condition triggering payment of the deferred impact fees does not
occur prior to the expiration of the Deferral Term, then full payment of the impact fees
shall be due on the last date of the Deferral Term.
D. Deferred Impact Fee Lien.
1. Applicant's Duty to Record Lien. An applicant requesting a deferral under
this chapter section must grant and record a deferred impact fee lien, in an amount equal
to the deferred impact fees, against the property in favor of the City in accordance with
the requirements of RCW 82.02.050(3)(c).
2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact fees
for the property, the City shall execute a release of deferred impact fee lien for the
property. The property owner at the time of the release is responsible, at his or her own
expense, for recording the lien release.
E. Limitation on Deferrals. Each applicant for a single-family residential
construction permit, in accordance with his or her contractor registration number or other
unique identification number, is entitled to annually receive deferrals for the first 20 single-
family residential construction building permits.
identification number, per year.
16.26.095 Fire Impact Fcc Deferral
Urban Center Transit Oriented Development (TUC TOD) zoning district, fee deferrals of
following criteria are met:
1. The property owner must submit a tel
application clgarly depicting the project for which the fee deferra
agreement will apply.
be submitted to the City no later than December 31, 2016.
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
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by the property owner. Provisions may include, but arc not
subject property, letter of credit and/or surety bond.
imited to, a lien against
app ds under TMC Section 16.26.100.
requests including, but not limited to, the ability of the property owner to satisfy the
e AKA
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
to the end of the 10 y ar deferral term.
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
Council.
Section 17. TMC Section 16.26.130 is hereby reenacted to read as follows:
16.26.148130 Refunds
A. If the City fails to expend or encumber the impact fees within 10 years from the
date the fees were paid, unless extraordinary, compelling reasons exist for fees to be held
longer than 10 years, the current owner of the property on which the impact fees were
paid may receive a refund of such fees. Such extraordinary or compelling reasons shall
be identified in written findings by the City Council.
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. Owners seeking a refund must submit a written 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.
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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 18. TMC Section 16.26.140 is hereby reenacted to read as follows:
16.26.140 Authority Unimpaired
Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate
adverse environmental effects 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 with
Chapters 43.21C and 82.02 RCW.
Section 19. 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 20. 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 21. 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 and effect
January 1, 2018.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A — Tukwila Fire and Parks Impact Fees Rate Study, 2017
Exhibit B — Fee Schedule
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EXHIBIT A
Tukwila Fire and Parks Impact Fees Rate Study, 2017
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MHIT'
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS.
2485 AND 2366, AS CODIFIED IN TUKWILA MUNICIPAL
CODE CHAPTER 16.28; REPEALING ORDINANCE NO. 2521
§7, 8 AND 9; REENACTING TMC CHAPTER 16.28, "PARKS
IMPACT FEES," TO AMEND THE PROCESS FOR IMPOSING
AND ADMINISTERING PARKS IMPACT FEES TO BETTER
ADDRESS THE NATURE OF DEVELOPMENT ACTIVITY IN
TUKWILA; ADDING REGULATIONS RELATING TO ANNUAL
PARKS IMPACT FEE UPDATES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 2366 on March 5, 2012;
Ordinance No. 2485 on October 19, 2015; and Ordinance No. 2521 on December 5, 2016,
all related to impact fees; and
WHEREAS the City may periodically update its impact fee schedules to reflect
changes in the cost of completing planned improvements and the fair share contribution
applicable to new growth; and
WHEREAS, on November 27, 2017, the Tukwila City Council, following adequate
public notice, held a public hearing on the draft ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2485 and 2366 are hereby repealed in their
entirety.
Section 2. Repealer. Ordinance No. 2521, §7, 8 and 9 is hereby repealed, these
sections were codified as follows:
TMC Section 16.28.030, "Definitions"
TMC Section 16.28.120, "Exemptions"
TMC Section 16.28.125, "Residential Impact Fee Deferral"
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Section 3. TMC Chapter 16.28 Reenacted. Tukwila Municipal Code (TMC) Chapter
16.28 is hereby reenacted to read as follows:
CHAPTER 16.28
PARKS IMPACT FEES
Sections:
16.28.010 Authority and Purpose
16.28.020 Findings
16.28.030 Definitions
16.28.040 Parks Impact Fee Assessment
16.28.050 Use of Parks Impact Fees
16.28.060 Parks Impact Fee Capital Facilities Plan
16.28.070 Parks Impact Fee Formula
16.28.080 Annual Parks Impact Fee Updates
16.28.090 Individual Projects Parks Impact Fee Adjustments
16.28.095 Parks Impact Fcc Dcfcrral
16.28.100 Credits
16.28.110 Appeals
16.28.120 Exemptions
16.28.125 Residential Impact Fee Deferral
16.28.130 Refunds
16.28.140 Authority Unimpaired
Section 4. TMC Section 16.28.010 is hereby reenacted to read as follows:
16.28.010 Authority and Purpose
A. Authority. The City of Tukwila's impact fee financing program has been
developed pursuant to the City of Tukwila's policy powers, the Growth Management Act
as codified in Chapter 36.70A of the Revised Code of Washington (RCW).
B Purpose. The purpose of the financing plan is to:
1. Develop a program consistent with Tukwila's Parks and Recreation
Department Capital Facilities Plan for joint public and private financing of public parks
facilities and services necessitated in whole or in part by development within the City of
Tukwila;
2. Create a mechanism to charge and collect fees to ensure that development
bears its proportionate share of the capital costs of public parks facilities necessitated by
development; and
3. Ensure fair collection and administration of such parks impact fees.
Section 5. TMC Section 16.28.020 is hereby reenacted to read as follows:
16.28.020 Findings
The City Council finds and determines that growth and development in the City create
additional demand and need for public parks facilities in the City, and the City Council
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finds that growth and development should pay its proportionate share of the costs of the
facilities needed to serve the growth and development in the City. Therefore, pursuant to
RCW 36.70A and RCW 82.02.050 through 82.02.100, which authorize the City to impose
and collect impact fees to fund public facilities that serve growth, the City Council adopts
this ordinance to impose parks impact fees for parks services. It is the Council's intent
that the provisions of this ordinance be liberally construed in establishing the parks impact
fee program.
Section 6. TMC Section 16.28.030 is hereby reenacted to read as follows:
16.28.030 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 otherwise, the words or phrases defined in this
section shall have the following meanings:
1. "Accessory residential structure" means a structure that is incidental and
subordinate to the principal residence on the property and is physically detached to the
principal residence, but does not include accessory dwelling units. For example, a
detached garage or storage shed for garden tools are considered accessory residential
structures.
2. "Building permit" means an official document or certification of the City of
Tukwila issued by the City's building official which authorizes the construction, alteration,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement,
demolition, moving, or repair of a building or structure.
3. "City" means the City of Tukwila, Washington, County of King.
4. "Development activity" means any construction, reconstruction, or
expansion of a building, structure, or use, or any changes in use of a building or structure,
or any changes in the use of land, requiring development approval.
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 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 growth and development
that is a proportionate share of the cost of parks capital facilities used for facilities that
reasonably benefit development. Impact fees do not include reasonable permit fees,
application fees, administrative fees for collecting and handling parks impact fees, or the
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cost of reviewing independent fee calculations.
9. "Low-income housing" means housing where monthly costs, including
utilities other than telephone, do not exceed are no greater than 30% of the resident's
household monthly income and where household monthly income must be is 80% or less
of the King County Median family income adjusted for family size as reported by the U.S.
Department of Housing and Urban Development.
10. "Owner" means the owner of record of real property, as found in the records
of King County, Washington, or a person with an unrestricted written option to purchase
property; provided, that if the real property is being purchased under a recorded real
estate contract, the purchaser shall be considered the owner of the property.
11. "Parks facilities" means those capital facilities identified as park and
recreational facilities in the City's Capital Facilities Plan.
12. "Proportionate share" means that portion of the cost for parks facility
improvements that are reasonably related to the service demands and needs of
development.
Section 7. TMC Section 16.28.040 is hereby reenacted 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 8. TMC Section 16.28.050 is hereby reenacted to read as follows:
16.28.050 Use of Parks Impact Fees
A. Pursuant to this ordinance, parks impact fees shall be used for parks facilities
that will reasonably benefit growth and development, and only for park facilities addressed
by the City's Capital Facilities Element of the Comprehensive Plan.
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
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pertaining to parks facilities.
E. Parks impact fees may also be used to recoup public improvement costs incurred
by the City to the extent that 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 9. TMC Section 16.28.060 is hereby reenacted to read as follows:
16.28.060 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 following 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, except for fees adjusted through the annual
update process outlined in TMC Section 16.28.080.
Section 10. TMC Section 16.28.070 is hereby reenacted, thereby eliminating Figure
16-3, "2008 Tukwila Parks Impact Fees Calculation," and Figure 16-4, "Tukwila Parks
Capital Facilities List," and shall read as follows:
16.28.070 Parks Impact Fee Formula
A. The impact fee formula is based on the assumptions found in Figure 16 3, 2008
List,"Tukwila Fire and Parks Impact Fees Rate Study, 2017," Exhibit A attached to the
ordinance and by this reference fully incorporated herein. A fee schedule is codified as
Figure 16-1, Fee Schedule, attached hereto as Exhibit B.
B. Each development shall mitigate its impacts on the City's parks facilities by
payment of a fee that is based on the type of land use and square footage of the
development, and proportionate to the cost of the parks facility improvements necessary
to serve the needs of growth. For residential development, fee amount is based on
number of units; for commercial development, fee amount is based on square footage of
the development.
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C. Applications for a change of use shall receive credit based on the existing use.
This credit is calculated by deducting the fee amount of the existing use from the fee of
the proposed use.
Section 11. TMC Section 16.28.080, "Annual Parks Impact Fee Updates," is hereby
established to read as follows:
16.28.080 Annual Parks Impact Fee Updates
Park impact fee rates shall be updated annually using the following procedures:
1. The Director of Parks and Recreation ("Director") shall use the Construction
Cost Index for Seattle (June -June) published by the Engineering News Record to
calculate annual inflation adjustments in the impact fee rates. The parks impact fees shall
not be adjusted for inflation should the index remain unchanged.
2. The impact fee rates, as updated annually per TMC Section 16.28.080(1),
shall be effective January 1, 2019, and on January 1 of each year thereafter, and a copy
shall be provided to the City Council.
Section 12. TMC Section 16.28.090 is hereby reenacted to read as follows:
16.28.08.0-090 Individual Project Parks Impact Fee Adjustments
A. The City may adjust a parks impact fee at the time the fee is imposed in order 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 in order 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 who 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 Director of Parks and Recreation ("Director") may
require the developer to submit additional or different documentation. If an acceptable
study is presented, the Director e ' . or e - - _ e - may adjust the fee for the
particular development activity. The Director shall consider the documentation submitted
by the applicant, but is not required to accept such documentation that the Director
reasonably deems to be inaccurate or unreliable.
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D. A developer requesting an adjustment or independent fee calculation may pay
the impact fees imposed by this ordinance in order to obtain a building permit while the
City determines whether to partially reimburse the developer by making an adjustment or
by accepting the independent fee calculation.
Section 13. TMC Section 16.28.100 is hereby reenacted to read as follows:
16.28.040-100 Credits
In computing the fee applicable to a given development, credit shall be given for the fair
market value measured at the time of dedication, for any dedication of land for
improvements to, or new construction of, any parks facilities that are identified in the
Capital Facilities Element and that are required by the City as a condition of approving
the development activity.
Section 14. TMC Section 16.28.110 is hereby reenacted to read as follows:
16.2840-0-110 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 parks impact fees imposed on any development activity may
only be submitted 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 by 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 filed 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 and paying the accompanying appeal fee as set forth in the
existing fee schedule for land use decisions.
Section 15. TMC Section 16.28.120 is hereby reenacted to read as follows:
16.28.120 Exemptions
A. The parks impact fees are generated from the formula for calculating the fees as
set forth in this chapter. 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 development activity located within the City shall be
charged a parks impact fee; provided, that the following exemptions shall apply.
B. The following 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 with the same gross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
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2. Alteration, expansion, 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 that do not create an increase in demand for parks services.
5. Demolition of or moving an existing structure within the City from one site to
another.
6. Parks impact fees for the construction of low-income housing may be
reduced at the discretion of the Parks and Recreation Director when requested by the
property owner in writing prior to permit submittal and subject to the following criteria:
a. The property owner must Ssubmittal of -a fiscal impact analysis of how a
reduction in impact fees for the project would contribute to the creation of low-income
housing; and
ob. The developer property owner must record a covenant per RCW
82.02.060(3) that prohibits using the property for any purpose other than for low-income
housing at the original income limits for a period of at least 10 years. At a minimum, the
covenant must address price restrictions and household income limits for the low-income
housing, and that if the property is converted to a use other than low income housing
within 10 years, the property owner must pay the City the applicable impact fees in effect
at the time of conversion.
c. Should the property owner satisfy the criteria in TMC Section
16.28.120.B.6., a and b, and the Director determines a fee reduction is in the best interest
of the City, the fees will be reduced, based on the following table:
b. Fec reduction table.
Unit Size
Affordability Target 1
Fee Reduction
2 or more bedrooms
80% 2
40%
2 or more bedrooms
60% 2
60%
Any size
50% 2
80%
1 — Units to be sold or rented to a person or household whose monthly
housing costs, including utilities other than telephone, do not exceed
30% of the household's monthly income.
2 — Percentage of King County Median family income adjusted for family
size as reported by the U.S. Department of Housing and Urban
Development.
7. Change of Use. A development permit for a change of use that has less
impact than the existing use shall not be assessed a parks impact fee.
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8. A fee payer required to pay for system improvements pursuant to RCW
43.21C.060 shall not be required to pay an impact fee for the same improvements under
this ordinance.
Section 16. TMC Section 16.28.125 is hereby reenacted to read as follows:
16.28.125 Residential Impact Fee Deferral
A. Purpose. The purpose of this chapter is to comply with the requirements of RCW
recovery in the construction industry.
BA. Applicability.
1. The provisions of this chapter section shall apply to all impact fees
established and adopted by the City pursuant to Chapter 82.02 RCW, including parks
impact fees assessed under Tukwila Municipal Code Chapter 16.28.
2. Subject to the limitations imposed in the Tukwila Municipal Code, the
provisions of this chapter section shall apply to all building permit applications for single-
family detached and single-family attached residential construction. For the purposes of
this chaptersection, an "applicant" includes an entity that controls the named applicant,
is controlled by the named applicant, or is under common control with the named
applicant.
GB. Impact Fee Deferral.
1. Deferral Request Authorized. Applicants for single-family attached or single
family detached residential building permits may request to defer payment of required
impact fees until the sooner of:
a. final inspection; or
b. the closing of the first sale of the property occurring after the issuance
of the applicable building permit;
which request shall be granted so long as the requirements of this chapter
section are satisfied.
2. Method of Request. A request for impact fee deferral shall be declared
submitted at the time of preliminary plat application (for platted development) or building
permit application (for non -platted development) in writing on a form or forms provided by
the City, along with payment of the applicable application or permit fees.
3. Calculation of Impact Fees. The amount of impact fees to be deferred under
this chapter section shall be determined as of the date the request for deferral is
submitted.
DC. Deferral Term. The term of an impact fee deferral granted under this chapter
section may not exceed 18 months from the date the building permit is issued ("Deferral
Term"). If the condition triggering payment of the deferred impact fees does not occur
prior to the expiration of the Deferral Term, then full payment of the impact fees shall be
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due on the last date of the Deferral Term.
D. Deferred Impact Fee Lien.
1. Applicant's Duty to Record Lien. An applicant requesting a deferral under
this chapter section must grant and record a deferred impact fee lien, in an amount equal
to the deferred impact fees, against the property in favor of the City in accordance with
the requirements of RCW 82.02.050(3)(c).
2. Satisfaction of Lien. Upon receipt of final payment of all deferred impact fees
for the property, the City shall execute a release of deferred impact fee lien for the
property. The property owner at the time of the release is responsible, at his or her own
expense, for recording the lien release.
FE. Limitation on Deferrals. Each applicant for a single-family residential
construction permit, in accordance with his or her contractor registration number or other
unique identification number, is entitled to annually receive deferrals for the first 20 single-
family residential construction building permits. The deferral entitlements allowed under
this chapter shall be limited to the first 20 single family residential construction building
16.28.095 Parks Impact Fcc Deferral
Urban Center Transit Oriented Development (TUC TOD) zoning district, fee deferrals of
1. The property owner must submit a technically complete building permit
2. Before issuance of the building permit, the property owner must submit a
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
Code.
-
'1. The project must include at I ast 100 residential units and at least 50 percent
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
secure payment of the deferred impact fees, plus accrued interest, in the case of default
by the property owner. Provisions may include, but arc not limited to, a lien against
subject property, letter of credit and/or surety bond.
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ee e••••••
appeals under TMC 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 thc agreement and pay the deferred impact fees. The Mayor is authorized
City, and/or to protect thc public welfare.
ivancc. The property owner shall make 8 equal, annual installment payments to the
to the end of the 10 year deferral term.
D. interest shall be charged on deferred parks impact fees. The interest rate shall
E. The parks impact fee deferral agreement may be consolidated with any
Council.
Section 17. TMC Section 16.28.130 is hereby reenacted to read as follows:
16.2841-0130 Refunds
A. If the City fails to expend or encumber the impact fees within 10 years from the
date the fees were paid, unless extraordinary, compelling reasons exist for fees to be held
longer than 10 years, the current owner of the property on which the impact fees were
paid may receive a refund of such fees. Such extraordinary or compelling reasons shall
be identified in written findings by the City Council.
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. Owners seeking a refund must submit a written 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.
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Section 18. TMC Section 16.28.140 is hereby reenacted to read as follows:
16.28.130 140 Authority Unimpaired
Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate
adverse environmental effects 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 with
Chapters 43.21C and 82.02 RCW.
Section 19. 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 20. 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 21. 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 and effect
January 1, 2018.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A — Tukwila Fire and Parks Impact Fees Rate Study, 2017
Exhibit B — Fee Schedule
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EXHIBIT A
Tukwila Fire and Parks Impact Fees Rate Study, 2017
31
32
l_�rIIIi
,J Lib _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2430 TO ADOPT AN AMENDED 2014 PARKS, RECREATION
AND OPEN SPACE PLAN FOR THE CITY OF TUKWILA;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, RCW 35A.63.062 authorizes the City of Tukwila to perform
comprehensive park and open space planning; and
WHEREAS, the 2014 Parks, Recreation and Open Space Plan was reviewed in
accordance with the State Environmental Policy Act process required by RCW 43.21C
and was the subject of public comment prior to adoption in 2014; and
WHEREAS, the Tukwila City Council adopted the 2014 Parks, Recreation and Open
Space Plan per Ordinance No. 2430 on February 18, 2014; and
WHEREAS, minor amendments to the 2014 Parks, Recreation and Open Space Plan
are deemed appropriate as it relates to impact fees as authorized by RCW 82.02; and the
overall goals, objectives and service standards of the 2014 Parks, Recreation and Open
Space Plan are retained; and
WHEREAS, the Plan amendments have been evaluated as appropriate under SEPA
pursuant to RCW 43.21C in 2017; and
WHEREAS, the amended Plan was presented to the public for comment and
modification at a public hearing on November 27, 2017;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 2430 is hereby amended with the City Council's adoption
of the Amended 2014 Parks, Recreation and Open Space Plan.
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Section 2. A copy of the Amended 2014 Parks, Recreation and Open Space Plan
shall be kept on file electronically and accessible from the City's website in accordance
with Washington State records retention schedule requirements and City policy, and shall
be made available to the public upon request.
Section 3. The Amended 2014 Parks, Recreation and Open Space Plan is adopted
by reference as part of the Comprehensive Plan.
Section 4. A copy of this ordinance and the Amended 2014 Parks, Recreation and
Open Space Plan shall be filed with the following City departments:
1 Community Development
2. Public Works Department
3. Finance Department
4. Parks & Recreation Department
5. Mayor's Office
Section 5. 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 6. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
RESOLUTION NO. 1901 TO ADOPT AN AMENDED
2017-2022 FINANCIAL PLANNING MODEL AND THE
CAPITAL IMPROVEMENT PROGRAM.
WHEREAS, when used in conjunction with the biennial City budget, the Capital
Improvement Program (CIP) and the Financial Planning Model for the period of 2017-
2022 are resource documents to help plan directions the City will consider for the future;
and
WHEREAS, the City Council adopted the 2017-2022 Financial Planning Model and
accompanying Capital Improvement Program per Resolution No. 1901 on December 5,
2016; and
WHEREAS, the Financial Planning Model and Capital Improvement Program are not
permanent fixed plans, but are guidelines or tools to help reflect future goals and future
resources at the time budgets are being planned; and
WHEREAS, amendments to the Capital Improvement Program are deemed
appropriate as it relates to impact fees as authorized by RCW 82.02; and the overall goals
and objectives of the 2017-2022 Financial Planning Model and Capital Improvement
Program are retained; and
WHEREAS, on November 27, 2017, the Tukwila City Council, following adequate
public notice, held a public hearing on the draft resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 1901 is hereby amended with the City Council's adoption
of the Amended 2017-2022 Financial Planning Model and accompanying Capital
Improvement Program, incorporated by this reference as if fully set forth herein.
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Section 2. A copy of the Amended 2017-2022 Financial Planning Model and
accompanying Capital Improvement Program shall be kept on file electronically and
accessible from the City's website in accordance with Washington State records retention
schedule requirements and City policy, and shall be made available to the public upon
request.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2017.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Dennis Robertson, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Rachel B. Turpin, City Attorney
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