HomeMy WebLinkAboutCOW 2020-10-12 Item 3 - Public Hearing - Ordinance Relating to TMC Chapter 9.50 "Concurrency Management"ITEM INFORMATION
STAFF SPONSOR: CYNDY KNIGHTON ORIGINAL AGENDA DATE: 10/12/20
AGENDA ITEM TITLE Concurrency Management Update
Ordinance and Public Works Fee Resolution
CATEGORY Discussion Motion Resolution Ordinance Bid Award Other
Mtg Date Mtg Date 10/12/20 Mtg Date 10/19/20 Mtg Date 10/19/20 Mtg Date
Public Hearing
Mtg Date 10/12/20 Mtg Date
SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW Court
SPONSOR’S
SUMMARY
Since 2006, concurrency management is the method used to ensure that necessary
facilities are available concurrent with new develop within the City. The proposed
Ordinance to TMC Chapter 9.50 will simplify the process and better reflects the current
practice. The proposed PW Fee Resolution will be updated to more equitably charge
developments based on their impacts to the transportation network. Council is being asked
to approve the Ordinance and the Resolution for concurrency management.
REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Comm. Planning/Economic Dev.
LTAC Arts Comm. Parks Comm. Planning Comm.
DATE: 08/17/20 & 9/21/2020 COMMITTEE CHAIR: C. DELOSTRINOS JOHNSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
10/12/20
10/19/20
MTG. DATE ATTACHMENTS
10/12/20 Informational Memorandum dated 08/14/20 and updated 9/18/20
Draft Ordinance
Draft PW Fee Resolution
Concurrency Comparison Charts
Minutes from Transportation and Infrastructure Committee meeting of 08/17 & 9/21/20
10/19/20
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials --------------------------------- ITEM NO.
Meeting Date Prepared by Mayor’s review Council review
10/12/20 JR
10/19/20 JR 3 & 4.A
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2020.docx
INFORMATIONAL MEMORANDUM
To: Transportation and Infrastructure Committee
From: Hari Ponnekanti, Interim Public Works Director
By: Cyndy Knighton, Senior Program Manager
CC: Mayor Ekberg
Date: August 14, 2020, UPDATED September 18, 2020
Subject: Concurrency Updates: Public Works Fee Resolution for Water, Sewer, and Surface
Water Rates and Ordinance Modifying TMC 9.50 – Concurrency Management
ISSUE
Adopt updates to the City’s Concurrency Management system via a resolution establishing a new Public
Works Fee Schedule for 2020 and an ordinance amending certain sections of the Tukwila Municipal Code
(TMC) Chapter 9.50 – Concurrency Management. Concurrency Management is the method used to
ensure that necessary facilities are available concurrent with new development within the City.
BACKGROUND
In December 2005, the City established a concurrency management system, adopted via ordinance 2110
and codified in TMC Chapter 9.50, and implemented a concurrency test fee adopted via resolution as
part of the Public Works Fee Schedule. Passing a concurrency test and obtaining a concurrency
certificate are required of all new development and redevelopment. This test and certificate both verify
that the necessary concurrency capacity is available and reserves it for the proposed development.
The Public Works Fee Schedule has been updated on a routine basis to establish the amounts for certain
fees and charges incurred during the development review and permit approval process. The Public Works
Fee Schedule was last updated in 2018 with Resolution 1945. Fees were updated for water, sewer and
surface water fees for 2019 and 2020 rates. Transportation Concurrency Test Fees were not updated at
that time. The concurrency test fee is charged to offset the costs incurred by Tukwila for maintaining the
City’s traffic model, periodic short-term updates to the model, and major model updates required for the
Transportation Element updates.
DISCUSSION
The City has been administering the Concurrency Management system since January 2006 and daily
practices of implementation have been well established. Upon reviewing the code language in TMC 9.50
and comparing it to actual implementation, it was found that the best practice for Tukwila was not reflected
in the codified language. The original language was modeled after a much larger city’s program and
included more steps than have been found to be necessary for Tukwila’s permit process. The proposed
changes simplify Tukwila’s Concurrency Management system to better reflect the current practice.
As part of the effort updating the Traffic Impact Fees and verification that the City’s street network remains
in compliance with the established Level of Service Standards in 2019 (often referred to as
“concurrency”), Transportation Concurrency Test Fees were analyzed. The fees were established in 2007
and have not been updated since. Revisions to the fees were recommended to ensure adequate funding
is maintained. Additionally, clarification to the fees to include more land use types was included as well
as addressing instances where the fees were not reflective of the general impacts to the roadway
infrastructure. The new fees more equitably charge developments based on their impacts to the
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INFORMATIONAL MEMO
Concurrency
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Concurrency Management Update 2020.docx
transportation network and are based on a median trip generation rate for each land use group, adjusted
for size of development, multiplied by $250 per generated trip (rounded).
Councilmembers discussed this topic at the August 17, 2020 Transportation and Infrastructure
Committee (TIC). Comments were received prior to the TIC meeting from Segale Properties, LLC, asking
for additional explanation on how the fees were developed and if they were being applied equitably. Staff
presented background on the proposed change to a $250 per trip, regardless of development type, at the
TIC meeting. A separate discussion was held between City and Segale Properties staff after the
committee meeting. The attached charts visually show the changes between the current and proposed
fees.
Research was done regarding how (or if) other jurisdictions charge for Concurrency tests or certificates.
Some cities do charge a separate fee for transportation concurrency approval, but it is more common
that an administrative fee is added as a percentage of the Traffic Impact Fee (TIF). A typical surcharge
fee ranges from 1% to 3% of the TIF. This could be problematic for Tukwila as the City has four TIF zones
with different rates for each zone. Some other jurisdictions include a charge for the concurrency approvals
but are included as part of the larger permit fees instead of being a stand-alone fee. Staff is still
researching how many of these jurisdictions still require a Traffic Impact Analysis (TIA) to be prepared by
an engineering firm as part of the submittal process. Research is proving more challenging during COVID.
Tukwila rarely requires TIAs to be prepared, which is a cost and time savings for the developer. TIAs are
only required of proposed developments that would be of such a nature that the City’s most recent model
update, whether done for a 20-year horizon window or a mid-term six-year horizon, did not account for
such an impact. Concurrency reports, studying the mid-term horizon, can be conducted as frequently as
once a year, depending on City-wide development trends.
RECOMMENDATION
Council is being asked to consider the City’s 2020 concurrency test fee increases in accordance with the
Public Works Fee Schedule Resolution and proposed modifications to TMC 9.50 in accordance with the
attached Ordinance at a public hearing on the October 12, 2020 Committee of the Whole and the October
19, 2020 Regular Meeting Consent Agenda.
ATTACHMENTS
• Draft Ordinance
• Draft Public Works Fee Schedule Resolution
• Concurrency Comparison Charts
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS.
2110 AND 2155, AS CODIFIED AS CHAPTER 9.50,
“CONCURRENCY MANAGEMENT;” REENACTING TMC
CHAPTER 9.50 TO AMEND REGULATIONS RELATING TO
CONCURRENCY TESTING; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City established concurrency management in 2005 to ensure that
concurrency infrastructure was in place prior to approval of new development permits;
and
WHEREAS, the City Council desires to amend information relating to concurrency
testing to better reflect actual processes used;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Repealer. Ordinance Nos. 2155 and 2110, as codified as Tukwila
Municipal Code (TMC) Chapter 9.50, “Concurrency Management,” are hereby repealed.
Section 2. TMC Chapter 9.50 Reenacted. TMC Chapter 9.50 is hereby re-enacted
to read as follows:
CHAPTER 9.50
CONCURRENCY MANAGEMENT
Sections:
9.50.010 Purpose
9.50.020 Definitions
9.50.030 Concurrency Test
9.50.040 Test Criteria
9.50.050 Concurrency for Phased Development
9.50.060 Public Notice of Concurrency Test
9.50.070060 Exemptions
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9.50.080070 Vesting
9.50.090080 Improvements to Concurrency Facilities
9.50.100090 Capital Facilities Plan and Capital Improvement Program
9.50.110100 Intergovernmental Coordination
9.50.120110 Administrative Rules and Procedures
9.50.130120 Appeals
9.50.140130 SEPA Exemption
Section 3. TMC Section 9.50.010 is hereby reenacted to read as follows:
9.50.010 Purpose
A. Pursuant to the State Growth Management Act, RCW 36.70A, after the adoption of
its Comprehensive Plan, the City of Tukwila is required by RCW 36.70A.070(6)I(b) to ensure
that transportation improvements or strategies to accommodate the impacts of development
are provided concurrent with the development. Further, the City is bound by the planning
goals of RCW 36.70A.020 to ensure that public facilities and services necessary to support
development shall be adequate to serve the development at the time the development is
available for occupancy and use without decreasing current service levels below locally
established minimum standards, hereinafter “concurrency.”
B. The intent of this chapter is to establish a concurrency management system to
ensure that concurrency facilities and services needed to maintain minimum level of service
standards can be provided simultaneous to, or within a reasonable time after, development
occupancy or use. Concurrency facilities adopted by the City’s Comprehensive Plan are
roads, potable water, sanitary sewer, and storm water management. This chapter furthers
the goals, policies and implementation strategies and objectives of the Comprehensive Plan.
C. The concurrency management system provides the necessary regulatory
mechanism for evaluating requests for development to ensure that adequate concurrency
facilities can be provided within a reasonable time of the development impact. The
concurrency management system also provides a framework for determining facilities and
services needs and provides a basis for meeting those needs through capital facilities
planning.
D. For water, sewer, and surface water, the facilities must be in place at the time of
development impact approval; and for roads, the facilities must be in place within six years
of the time of the development impactapproval. Applicants with developments that would
cause the level of service on concurrency facilities to decline below City standard s can
have their developments approved by implementing measures that offset their impacts
and would maintain the City’s standard for level of service.
Section 4. TMC Section 9.50.020 is hereby reenacted to read as follows:
9.50.020 Definitions.
The definitions contained in TMC 9.50.020 apply throughout this chapter unless, from
the context, another meaning is clearly intended.
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1. "Adequate" means equal to or better than the level of service standards
specified in the current adopted capital facilities element.
2. “Applicant” means a person who applies for any certificate of concurrency
under this chapter and who is the owner of the subject property or the authorized agent of
the property.
3. “Available water, sewer, and surface water capacity” means there is adequate
capacity, based on adopted level of service standards, for water, sewer, and surface water
facilities currently existing without requiring facility construction, expansion, or modification.
4. “Building permit” refers to any permit issued under the Uniform Building Code.
5. “Certificate of concurrency” means the statement accompanying the Public
Works Department’s development standards that are issued with an approved
development permit or the Public Works Department’s conditions of approval that are
issued with an approved building permit. The statement shall state that a certificate of
concurrency is issued and indicate:
a. For water, sewer, and surface water, the capacity of the concurrency
facilities that are available and reserved for the specific uses, densities and intensities as
described in the development permit or building permit; and
b. For road facilities assigned to the development for the specific uses,
densities and intensities as described in the development permit or building permit; and
c. Conditions of approval, if applicable; and
d. An effective date; and
e. An expiration date.
6. “Concurrency” means facilities or strategies that achieve the City’s level of
service standards and that:
a. For water, sewer, surface water, and roads: facilities that exist at the time
development is approved by the Public Works Department; or
b. For roads:
(1) Are included in the City’s Capital Improvement Plan at the time
development is approved by the Public Works Department; or
(2) Will be available and complete no later than six years after
completion of the development, and the applicant and/or the City provides a financial
commitment which is in place at the time the development is approved by the Public
Works Department.
7. “Concurrency facilities” means facilities for which concurrency is required in
accordance with the provision of this chapter. They are roads, water, sanitary sewer, and
surface water facilities.
8. “Concurrency test” means:
a. For water, sewer, and surface water, the comparison of a development’s
demand to the available capacity of each concurrency facility; and
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b. For roads, the comparison of the development’s impact on the level of
service standards of each effected subarea.
A concurrency test must be passed for water, sewer, surface water, and roads, and
a notice issued by the Public Works Department in order to obtain a certificate of
concurrency. The concurrency test notice shall be valid for one year.
9. “Development permit” means a land use permit and includes short plat,
preliminary or final rezone/reclassification, zoning permit, master plan, shoreline substantial
development permit/conditional use permit, planned unit development, or any other permit
or approval under the Zoning Code or Subdivision Code or Shoreline Master Program.
10. “Financial commitment” means:
a. Revenue sources anticipated to be available and designated for facilities
in the Comprehensive Plan;
b. Unanticipated revenue from federal and state grants for which the City
has received notice of approval;
c. Funding that is assured by the applicant in a form approved by the Public
Works Department.
11. “Level of service standard” means those standards specified in the adopted
transportation element of the Comprehensive Plan. For water, sewer, and surface water,
“level of service standard” also means those standards defined in TMC Title 14.
12. “Non-City managed facilities” include any non-city provider of water or
sewer.
13. “Planned capacity” means road facilities that do not exist but for which the
necessary facility construction, expansion, or modification project is contained in the current
capital facilities element of the Comprehensive Plan. The improvements must be scheduled
to be completed within six years and the financial commitment must be in place at the time
of approval of the certificate of concurrency to complete the improvements within six years.
14. “Public Works Department” means the Public Works Director or his/her
designee will perform the concurrency test.
15. “Transportation strategies” means transportation demand management
strategies and other techniques or programs that reduce single occupant vehicle travel.
16. “Vested” means the right to develop or continue development in accordance
with the laws, rules, and other regulations in effect at the time the building permit application
is deemed complete.
Section 5. TMC Section 9.50.030 is hereby reenacted to read as follows:
9.50.030 Concurrency Test
A. Timing. All applicants must apply for the transportation concurrency test and
receive notice of passing the test before the City will consider approve an application for
any development permit or building permit to be complete. An application for a
concurrency test may be submitted with other development submit tals.
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B. Procedures.
1. Applications for a concurrency test shall be submitted on forms provided by
the Public Works Department. The concurrency test shall be done in order of “first in, first
out,” once the Public Works Department determines the application is complete.
2. The applicant shall be responsible to provide to the Public Works
Department a certificate of availability for water and sewer with the concurrency
application submittal if the property is serviced by a non-City managed utility. For City
managed utilities, a determination will be made on availability and a certificate of
availability shall be issued. This certificate of availability shall suffice as meeting the
concurrency test for water and sewer utilities.
3. The applicant shall submit a detailed project description of the development,
including location, vehicular circulation, and gross floor area by use, as part of the
concurrency application and shall pay the concurrency test fee as adopted by motion or
resolution of the Tukwila City Council.
4. A concurrency test shall be performed only for specific property, uses,
densities and intensities based on the information provided by the applicant. The
applicant shall specify densities and intensities that are consistent with the uses allowed
for the property. If the concurrency test is being requested in conjunction with an
application for rezone, the applicant shall specify densities and intensities that are
consistent with the proposed zoning for the property. Changes to the uses, densities and
intensities that create additional impacts on concurrency facilities shall be subject to an
additional concurrency test.
5. The Public Works Director or designee shall perform the concurrency test.
The project must receive a passing grade pass the concurrency test prior to approval of
the development permit or building permit.
6. The Public Works Director or his designees shall notify the applicant of the
test results in writing and shall notify other City departments of the test results. The date
of written notification to the applicant shall be the date of issuance of the concurrency test
notice certificate.
7. The concurrency test notice certificate shall expire within 90 calendar days
one year of its issuance unless the applicant submits a building permit application, a
SEPA environmental checklist and all required documentation pursuant to TMC Chapter
21.04, or an extension is granted within one year from the date of issuance of the
concurrency certificate. together with the site plan, the traffic impact analysis prepared in
accordance with the City’s traffic impact analysis guidelines and containing the traffic
information derived from the concurrency test outcome, and the SEPA review fee. No
extensions may be granted for submittal of a complete SEPA environmental checklist and
all required documentation.
8. If the deadline for submittal of a complete building permit application, SEPA
environmental checklist and all required documentation is met as described in TMC
Section 9.50.030.B.7, or other submittal as determined by the Public Works Director or
designee, the concurrency test notice certificate shall be valid for one two years from the
date of issuance of the concurrency test notice building permit, SEPA Determination, or
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other City-issued approval. If the building permit, SEPA environmental checklist, or other
submittal is withdrawn by the applicant prior to approval by the City or expires, the
concurrency certificate shall expire one year after the date of issuance.
9. The concurrency test notice shall expire unless a certificate of concurrency is
issued or an extension of the notice is granted within one year from the date of issuance of
the concurrency test notice.
109. An applicant must apply for a new concurrency test if the notice
certificate expires or an extension is not granted.
1110. The Public Works Director may approve an extension of up to one year
if:
a. The applicant submits a letter in writing requesting the extension before
the expiration date. The applicant must show that he/she isthey are not responsible for
the delay in issuing the certificate of concurrency obtaining a building permit, SEPA
approval, or other City-issued approval, and has acted in good faith to obtain a certificate
the permit or approval; and
b. If the property is serviced by a non-City managed utility, then the
applicant must submit a letter from the utility approving the extension before the expiration
date.
12. Once the associated development permit or building permit is approved, the
Public Works Department shall issue a final certificate of concurrency. The concurrency
certificate is valid for a period of 2 years or as long as the developer possesses a valid
building permit for the development.
1311. The Public Works Department shall be responsible for accumulating the
impacts created by each application and removing any impacts from the City’s
concurrency records for an expired concurrency test notice certificate, an expired
development permit or building permit, a discontinued certificate or other action resulting
in an applicant no longer causing impacts which that have been accounted for in the City
records.
1412. The Public Works Department shall be responsible to coordinate with
applicable non-City managed utility operators for maintenance and monitoring of available
and planned capacity for these utilities.
1513. A certificate of concurrency shall apply only to the specific land use,
density and intensity described in the application for a development permit or building
permit. No development shall be required to obtain more than one certificate of
concurrency for each building, unless the applicant or subsequent owner proposes
changes or modifications to the property location, density, intensity, or land use that
creates additional impacts on concurrency facilities.
14. A certificate of concurrency is not transferable to other land but may be
transferred to new owners of the original land.
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Section 6. TMC Section 9.50.040 is hereby reenacted to read as follows:
9.50.040 Test Criteria
Development applications that would result in a level of service reduction below the
established adopted standard shall not be approved. For potable water and sanitary sewer,
available system capacity will be used in conducting the concurrency test. For surface
water, the water quality, amount of detention needed, and the system’s conveyance capacity
will be used in conducting the concurrency test.
1. For water, and sanitary sewer, and the surface water conveyance systems, a
certificate of availability must be issued to pass the concurrency test. if the capacity of the
concurrency facilities with the development application added is equal to or better than the
capacity required to maintain the established level of service standard, then the concurrency
test is passed. In addition, for For surface water conveyance systems, the water quality
and detention standards described in the 1998 currently-adopted King County Surface
Water Design Manual must be met to pass the concurrency test.
2. For roads, the concurrency test compares level of service at intersections or
corridors, as defined in the transportation element, both with and without the development
at a time 6 years after the estimated occupancy of the development. If the level of service
is equal to or better than the level of service standard, the concurrency test is passed.
3. If the concurrency test is not passed for water, sewer, surface water, or roads,
then the applicant may retest for concurrency after doing one or both of the following:
a. Modifying the application to reduce the need for the non-existent
concurrency facilities. Reduction of need can be through the reduction of the size of the
development, reduction of trips generated by original proposed development, or phasing of
the development to match future concurrency facility construction; or
b. Arranging to fund the improvements for the additional capacity required for
the concurrency facilities, as approved by the Public Works Director.
Section 7. TMC Section 9.50.050 is hereby reenacted to read as follows:
9.50.050 Concurrency for Phased Development
A. An applicant may request concurrency for a phased development if the Public
Works Director determines that the two criteria described in TMC Section 9.50.050.B are
met. The application for concurrency must be accompanied by a schedule for construction
of the buildings, parking and other improvements and by a written request for the
development to be considered in phases.
B. The Public Works Director or his designee may approve concurrency for phased
development if both of the following criteria are met:
1. No associated development permit is required before building permit
applications can be submitted; and
2. The application is for an integrated development site plan with multiple
buildings that are interdependent for vehicular and pedestrian access and parking.
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C. A concurrency application for phased development shall follow the same timing and
procedure as set forth in this chapter, except that:
1. Only one concurrency test notice certificate shall be issued for all buildings
proposed for phased development;
2. Each building approved for phased development shall be issued a certificate
of concurrency at the same time as the building permit;
3. The concurrency test notice certificate for an approved phased development
shall be valid for five years from the date of its issuance; provided that a certificate of
concurrency building permit is issued for a building within one year of the date of issuance
of the concurrency test notice certificate or within two years if an extension is timely
requested and the request is granted.
D. The Public Works Director or his designee may approve an extension of up to one
year for obtaining of the first concurrency certificate and the final certificate of concurrency
for the phased development, consistent with the terms of this chapter.
E. In no case shall the concurrency test notice certificate be valid for more than six
years from the date of issuance of the notice certificate. The applicant must apply for a new
concurrency test for any building approved for phased development that has not been
issued a building permit within six years from the date of issuance of the concurrency test
notice certificate.
Section 8. The Tukwila Municipal Code section entitled, “Public Notice of Concurrency
Test,” as codified at TMC Section 9.50.060, is hereby deleted in its entirety.
Public Notice of Concurrency Test
A. The Public Works Director or his designee shall cause notice of issuance of the
concurrency test notice to be given in the same manner and at the same time as the SEPA
public notice of TMC 21.04.
B. The notice shall include the name of the applicant, the City file number, the address
and description of the development and the procedures for filing an appeal.
Section 9. TMC Section 9.50.060 is hereby reenacted to read as follows:
9.50.070060 Exemptions
The requirement for a concurrency test shall not apply to Applications for single-family
dwelling unit building permits, multi-family building permits for projects containing four or
fewer units, short plats, or any non-residential project that is categorically exempt from SEPA
pursuant to TMC Section 21.04.080, .100, or .110., or any other project that will generate
less than 30 net new P.M. peak hour trips shall be considered as exempt from meeting
concurrency requirements and shall be automatically granted a concurrency certificate.
The applicant is required to submit for a concurrency certificate, along with the associated
fee, but is not subject to receiving a passing grade in order to obtain other development
approvals. The Public Works Department shall also waive compliance for a traffic
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concurrency test for other projects which will not generate more than 30 net new "p.m. peak
hour" traffic trips.
Section 10. TMC Section 9.50.070 is hereby reenacted to read as follows:
9.50.080070 Vesting
Applicants shall be vested under the laws, rules and other regulations in effect prior to
the effective date of this chapter if they have, prior to the effective date of the ordinance
codified in this chapter:
1. Submitted a building permit application that the City has deemed complete; or
2. Entered into formal negotiations with the City for a development agreement in
accordance with RCW 36.70B.170 through 36.70B.210; or
3. Have a signed agreement with the City that is still in effect.
Section 11. TMC Section 9.50.080 is hereby reenacted to read as follows:
9.50.090080 Improvements to Concurrency Facilities
A. The City shall provide, or arrange for others to provide, adequate facilities through
construction of needed capital improvements in implementing strategies which do the
following:
1. Achieve level of service standards for anticipated future development and
redevelopment caused by previously issued and new development and building permits;
and
2. Repair or replace obsolete or deteriorating facilities.
B. Improvements to the facilities shall be consistent with the Transportation Element,
Utilities Element and Capital Improvement Program of the Comprehensive Plan.
Section 12. TMC Section 9.50.090 is hereby reenacted to read as follows:
9.50.100090 Capital Facilities Plan and Capital Improvement Program
The City shall include in the capital appropriations of its budget for expenditure during
the appropriate fiscal year financial commitments for all capital improvement projects
required for adopted level of service standards, except the City may omit from its budget
any capital improvements for which a binding agreement has been executed with another
party to provide the same project in the same fiscal year.
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Section 13. TMC Section 9.50.100 is hereby reenacted to read as follows:
9.50.110100 Intergovernmental Coordination
A. The City may enter into agreements with other local governments, applicable non-
City managed utilities, King County, the state of Washington, and other facility providers to
coordinate the imposition of level of service standards and other mitigations for concurrency.
B. The City may apply standards and mitigations to development in the City that
impacts other local jurisdictions. The City may agree to accept and implement conditions
and mitigations that are imposed by other jurisdictions on development in their jurisdiction
that impact the City.
Section 14. TMC Section 9.50.110 is hereby reenacted to read as follows:
9.50.120110 Administrative Rules and Procedures
The Public Works Department shall be authorized to establish administrative rules and
procedures for administering the concurrency test system. The administrative rules and
procedures shall include but not be limited to application forms, necessary submittal
information, processing times, and issuance of the concurrency test notice and the certificate
of concurrency.
Section 15. TMC Section 9.50.120 is hereby reenacted to read as follows:
9.50.130120 Appeals
A. Procedures. The applicant may appeal the results of the concurrency test based
on three grounds:
1. A technical error;
2. The applicant provided alternative data or a traffic mitigation plan that was
rejected by the City; or
3. Delay in review and approval caused solely by the City that allowed capacity
to be given to another applicant. The applicant must file a notice of appeal with the Public
Works Department within 15 days of the notification of the test results. The notice of appeal
must specify the grounds thereof, and must be submitted on the form authorized by the
Public Works Department. Each appeal must be submitted with the appeal fee set forth in
TMC Section 18.108.02018.90.010.
B. Hearing Schedule and Notification. When the appeal has been filed within the
time prescribed, in proper form, with the appropriate data and payment of the required fee,
the Public Works Department shall transmit the appeal to the hearing examiner for
scheduling. Notice of the public hearing shall be given to the applicant at least 15 days prior
to the hearing date.
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C. Record. The Public Works Department shall transmit to the Hearing Examiner all
papers, calculations, plans and other materials constituting the record of the concurrency
test, at least 7 days prior to the scheduled hearing date. The Examiner shall consider the
appeal upon the record transmitted, supplemented by any additional competent evidence,
which the parties in interest may desire to submit.
D. Burden of Proof. The burden of proof shall be on the appellant to show by a
preponderance of the evidence that the Public Works Director was in error.
Section 16. TMC Section 9.50.130 is hereby reenacted to read as follows:
9.50.140130 SEPA Exemption
A determination of concurrency shall be an administrative action of the City of Tukwila
that is categorically exempt from the State Environmental Policy Act.
Section 17. Corrections by City Clerk or Code Reviser Authorized. 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 regula tions; or ordinance
numbering and section/subsection numbering.
Section 18. 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 19. 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 Special Meeting thereof this _______ day of ____________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
15
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DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, TO UPDATE THE
TRANSPORTATION CONCURRENCY TEST FEE
SCHEDULE AND CLARIFY THE APPLICATION OF
CERTAIN FEES; AND REPEALING RESOLUTION
NO. 1945.
WHEREAS, the City may update its traffic model and analyze the transportation
network on an annual basis to ensure continued compliance with the Growth
Management Act and the City’s adopted Comprehensive Plan; and
WHEREAS, during the 2019 update to the traffic model, the City evaluated the
Concurrency Test Fees charged to developers as part of the permitting process; and
WHEREAS, during said evaluation, the City determined the Concurrency Test Fee
Schedule required modification in order to collect the necessary funds for the City to
maintain and update the traffic model; and
WHEREAS, the City is authorized to impose fees to recoup the costs of services
rendered;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Public Works fees will be charged according to the following schedule,
which shall supersede any previously adopted Public Works Fee Schedule and take effect
as of October 1, 2020:
PUBLIC WORKS FEE SCHEDULE
WATER RATES FEE
Water Meter Installation
.75 inch
1 inch
1.5 inch
2 inch
3 inch
4 inch
6 inch
$ 600.00
$ 1,100.00
$ 2,400.00
$ 2,800.00
$ 4,400.00
$ 7,800.00
$12,500.00
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Water Meter Deduct $25.00
WATER RATES (CONT.) FEE
Water Base Charge (Monthly)
Single Family (one dwelling unit)
Multi-Family (more than one dwelling unit, each
dwelling is charged the base charge)
Commercial/Industrial Customers:
3/4 inch Service
1 inch Service
1-1/2 inch Service
2 inch Service
3 inch Service
4 inch Service
6 inch Service
8 inch Service
10 inch Service
12 inch Service
In addition to the monthly water base charge, each
100 cubic feet of water used will be charged as
shown in “Water Rates (Monthly).”
$ 19.00
$ 19.00
2019 2020
$ 47.00 $ 49.00
$ 58.00 $ 61.00
$ 84.00 $ 88.00
$110.00 $115.00
$157.00 $165.00
$210.00 $220.00
$315.00 $331.00
$420.00 $441.00
$525.00 $551.00
$630.00 $661.00
Water Rates (Monthly)
Single Family Residence (Oct-May)
Single Family Residence (Jun-Sept)
Multi-Family (Oct-May)
Multi-Family (Jun-Sept)
Commercial/Industrial (Oct-May)
Commercial/Industrial (Jun-Sept)
In addition to the monthly water base charge listed
above, each 100 cubic feet of water will be charged at
the following rates:
$2.80
$3.90
$3.40
$4.70
$5.10
$6.90
Fire Protection Service Charges (Monthly)
2 inch Service
3 inch Service
4 inch Service
6 inch Service
8 inch Service
10 inch Service
12 inch Service
Per month based on size of service.
$ 10.00
$ 22.00
$ 39.00
$ 88.00
$132.00
$220.00
$287.00
WATER SERVICES FEE
Water Turn On $ 50.00
After-Hour Water Turn On – additional fee for
customer requested after-hours water turn on
$100.00
Unauthorized Water Usage – after shut-off for
non-payment $100.00
Special Meter Read – customer requested
meter read outside normal read schedule $ 30.00
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WATER SERVICES (CONT.) FEE
Shut-off notice $ 30.00
Change in owner, tenant, and/or third party
paying agent $ 20.00
Emergency Conservation Sanction $100.00
Temporary Water Meter Deposit
.75” and 1” water meter
2.5” water meter
Temporary Water Meter Rental per minimum
60 days expiration
.75” and 1” water meter
2.5” water meter
$ 300.00
$1,500.00
$ 75.00
$ 150.00
WATER INTEREST CHARGE RATE
On all water accounts 30 days in arrears from
the date of delinquency until paid 8% per annum computed on a monthly basis
SEWER RATES FEES
Residential Sewer Service
(single dwelling unit)
Flat rate of $30.00 per month
[TMC 14.16.030 (1)]
Residential Sewer Service (multiple dwelling
unit, permanent type)
Flat rate of $30.00 per month for each dwelling unit
[TMC 14.16.030 (2)].
Commercial and Industrial Sewage Service Flat rate of $55.36 per month and, in addition, any
usage over 750 cubic feet of water per month shall be
at the rate of $55.36 per 750 cubic feet
[TMC 14.16.030 (4)].
SEWER INTEREST CHARGE RATE
On all sewer accounts 30 days in arrears from
the date of delinquency until paid 8% per annum computed on a monthly basis
SURFACE WATER RATES FEE PER YEAR
Surface Water Utility Rates Per Year
Category:
1. Natural
2. 0 - 20% Developed Surface
3. 21 - 50% Developed Surface
4. 51 - 70% Developed Surface
5. 71 - 85% Developed Surface
6. 86 - 100% Developed Surface
7. Single-Family Residential Parcels
(flat rate per residential parcel)
Service Charge Per Acre
2019 2020
$ 222.86 $ 229.54
$ 484.62 $ 499.16
$ 888.24 $ 914.88
$1,325.42 $1,365.18
$1,596.74 $1,644.64
$1,862.62 $1,918.50
$ 185.00 $ 190.00
SURFACE WATER INTEREST CHARGE RATE
On all surface water accounts 30 days in arrears
from the date of delinquency until paid 8% per annum computed on a monthly basis
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TRANSPORTATION CONCURRENCY TEST FEE SCHEDULE
Fees for Residential and Lodging Use
UNIT ALL TYPES OF
RESIDENTIAL 1 ROOMS2 HOTEL/MOTEL
Between 1 and 3 $300.00 $400 40 and under $3,000
Between 4 and 5 $600.00 $500 Between 41 and 60 $4,800
Between 6 and 10 $1,200.00 $900 Between 61 and 80 $6,800
Between 11 and 15 $2,000.00 $1,500 Between 81 and 100 $8,500
Between 16 and 20 $3,500.00 $2,100 Between 101 and 120 $10,500
Between 21 and 25 $5,000.00 $2,600 Between 121 and 150 $12,800
Between 26 and 30 $6,500.00 $3,200 Between 151 and 180 $24,800
Between 31 and 40 $8,000.00 $4,000 Between 181 and 220 $30,000
Between 41 and 60 $10,000.00 $5,700 Between 220 and 260 $36,000
Greater than 60 $12,000.00 $6,800 Between 261 and 300 $46,000
Greater than 300 $49,800
1 All residential uses defined by the ITE Trip Generation Manual Land Use Codes 200-299, including
single family, multi-family, mobile home parks, and shared housing.
2 All lodging uses defined by the ITE Trip Generation Manual Land Use Codes 300 -399, including all
hotels and motels.
Fees for Non-Residential Use
GROSS FLOOR AREA
INDUSTRIAL 3
OFFICE4
RETAIL5
EATERY6
INSTITU-
TIONAL
& PORT7
ALL
OTHER
USES
Less than 5,000
$ 1,000
$ 800
$ 1,800
$ 800
$ 2,700
$ 4,500
$ 5,400
$ 3,500
$ 500
$ 300
$1,500
Between 5,001 and 10,000 $ 1,500
$ 2,700
$ 2,200
$ 4,050
$10,000
$ 8,100
$10,500
$ 1,000
$ 800
$2,000
Between 10,001 and 20 ,000 $ 2,000
$ 2,500
$ 3,600
$ 4,300
$ 5,400
$16,700
$10,800
$20,900
$ 1,500
$ 1,600
$2,500
Between 20,001 and 30,000 $ 3,000
$ 3,500
$ 5,400
$ 6,900
$ 8,100
$24,400
$10,800
$21,000
$ 2,000
$ 2,600
$2,500
Between 30 ,001 and 40,000 $ 4,000
$ 8,300
$ 7,200
$ 9,500
$10,800
$31,300
$10,800
$21,000
$ 2,500
$ 3,600
$2,500
Between 40,001 and 50 ,000 $ 5,000
$ 7,000
$ 9,000
$12,000
$13,500
$37,700
$10,800
$21,000
$ 3,000
$ 4,700
$2,500
Between 50,001 and 70 ,000 $ 6,000
$ 9,500
$10,800
$15,800
$16,200
$46,600
$10,800
$21,000
$ 4,000
$ 6,200
$2,500
Between 70,001 and 90,000 $ 7,000
$12,500
$12,600
$20,800
$18,900
$57,600
$10,800
$21,000
$ 5,000
$ 8,200
$2,500
Between 90,001 and 150,000 $8,000
$19,000
$14,400
$32,900
$21,600
$77,800
$10,800
$21,000
$ 6,000
$13,400
$2,500
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Between 150,001 and 200,000 $ 9,000
$27,500
$16,200
$43,600
$24,300
$85,000
$10,800
$21,000
$ 7,000
$18,000
$2,500
Greater than 200,000 $10,000
$31,500
$18,000
$49,500
$24,300
$95,000
$10,800
$21,000
$ 8,000
$20,500
$2,500
All other uses are charged a $250 per PM peak hour trip.
3 All industrial/agricultural uses defined by the ITE Trip Generation Manual Land Use Codes 100-199, including
light and heavy industrial, manufacturing, and warehousing
4 All office, medical, and service-related uses defined by the ITE Trip Generation Manual Land Use Codes
600-699, 700-799, and 900-999, including general office, medical facilities, and banks
5 All retail and recreation uses defined by the ITE Trip Generati on Manual Land Use Codes 400-499, 800-830
and 837-899, including retail sales, rental sales, athletic clubs, and theaters
6 All food service uses defined by the ITE Trip Generation Manual Land Use Codes 831-836 930-940, excluding
accessory (stand-alone) drive-through espresso stands (or similar) under 250 sq. ft., which are assessed $300
$400
7 All institutional and transportation uses defined by the ITE Trip Generation Manual Land Use Codes 000 -099
and 500-599, including schools, places of worship, day care, terminals, and transit
POLE ATTACHMENT FEES FEE PER YEAR
Pole Attachment (per pole) Natural .....................
Pole revisions to allow for attachments ...............
Conduit Rental.....................................................
City Dark Fiber Rental .........................................
Installation fees ...................................................
$100.00 per year
Actual costs (engineering, labor, inspections, etc.)
$1.00 per foot per year
$+200.00 per strand per mile per year
Actual costs (engineering, labor, inspections, etc.)
Section 2. Repealer. Resolution No. 1945 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Special Meeting thereof this _________ day of ____________________, 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk De’Sean Quinn, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Office of the City Attorney
24 21
22
$-
$2,000
$4,000
$6,000
$8,000
$10,000
$12,000
$14,000
Between 1 and
3
Between 4 and
5
Between 6 and
10
Between 11 and
15
Between 16 and
20
Between 21 and
25
Between 26 and
30
Between 31 and
40
Between 41 and
60
Greater than 60
Am
o
u
n
t
Concurrency Test Fees
Residential
Residential Existing Residential Proposed
2
3
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
Existing Proposed Existing Proposed Existing Proposed Existing Proposed Existing Proposed
Industrial Office Retail Eatery Institutional & Port
Am
o
u
n
t
Concurrency Test Fees
Commercial
Less than 5,000 Between 5,001 and 10,000 Between 10,001 and 20,000 Between 20,001 and 30,000
Between 30,001 and 40,000 Between 40,001 and 50,000 Between 50,001 and 70,000 Between 70,001 and 90,000
Between 90,001 and 150,000 Between 150,001 and 200,000 Greater than 200,000
2
4
$0
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
Rooms 40 and under Between 41
and 60
Between 61
and 80
Between 81
and 100
Between 101
and 120
Between 121
and 150
Between 151
and 180
Between 181
and 220
Between 220
and 260
Between 261
and 300
Greater than
300
Am
o
u
n
t
Concurrency Test Fees
Lodging
Lodging
2
5
2
6
City of Tukwila
City Council Transportation & Infrastructure Committee
Meeting Minutes
August 17, 2020 – 5:30 p.m. – Electronic Meeting due to COVID-19 Emergency
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Verna Seal, Kate Kruller
Staff Present: David Cline, Alison Turner, Chris Andree, Cyndy Knighton, Bruce Linton,
Gail Labanara, Hari Ponnekanti, Minnie Dhaliwal, Vicky Carlsen, Laurel
Humphrey, Ryan Larson
Guest: Steve Goldblatt, PMQA
Chair Delostrinos Johnson called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Grant Application: Transportation Demand Management
Staff is seeking Committee approval to apply for a WSDOT Regional Mobility Grant in the
amount of $840,000 for continued TDM programming.
Item(s) needing follow-up
Return with Transportation Demand Management program overview.
Committee Recommendation
Unanimous approval.
B. Ordinance and Resolution: Concurrency Management Update
Staff is seeking Council approval of legislation that would update the Concurrency
Management system to ensure that necessary facilities are available concurrent with new
development. The proposed resolution adopts a new 2020 fee schedule and the ordinance
amends TMC Chapter 9.50.
Item(s) needing follow-up
Provide charts shown during meeting and comparison with other cities.
Committee Recommendation
Return to Committee.
C. Waste Management Annual Curbside Collection Day
Committee members and staff discussed statistics and lessons learned from the August 1,
2020 Annual Curbside Collection Clean-up Day.
Item(s) needing follow-up
Research options for better email communication with customers, either from WM or City.
Committee Recommendation
Return to Committee.
27
Transportation & Infrastructure Committee Minutes ................................................................................... September 21, 2020
Item(s) requiring follow-up
•Provide information on how many other bridges in the State are in similarly poor
condition and are competing for the same funding.
•Add Port of Seattle to grant possibilities
Committee Recommendation
No Recommendation. Forward to Committee of the Whole when additional budget
information is prepared, likely October 2020.
E.Contract Amendment: Development Review Support
Staff is seeking Council approval of a contract amendment in the amount of $6 1,000 with
Cooper Zietz Engineers, Inc. for ongoing review and approval of development permits. All
costs are pass-through and will not impact the General Fund.
Committee Recommendation
Unanimous approval. Forward to October 5, 2020 Regular Consent Agenda.
F.Ordinance and Resolution: Concurrency Management Update
Staff is seeking Council approval of legislation that would update the Concurrency
Management system to ensure that necessary facilities are available concurrent with new
development. The proposed resolution adopts a new 2020 Public Works fee schedule and the
ordinance amends TMC Chapter 9.50. Staff provided information about other jurisdictions as
requested by the Committee.
Committee Recommendation
Unanimous approval. Forward to October 12, 2020 Committee of the Whole.
II.Miscellaneous
Councilmembers and staff discussed the interim traffic revision at 53rd Avenue South, which
creates a southbound one-way street and provides a bicycle/pedestrian lane. Residents have
contacted Councilmembers and staff with support, opposition, and suggestions regarding the
project.
The meeting adjourned at 6:59 p.m.
CDJ
Committee Chair Approval
Minutes by LH, reviewed by GL
28