HomeMy WebLinkAboutOrd 2655 - Fire Impact Fees Exemption for Eary Learning FacilitiesAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
2571 §6, AS CODIFIED AT TUKWILA MUNICIPAL CODE
(TMC) SECTION 16.26.030, AND ORDINANCE NO. 2571 §15,
AS CODIFIED AT TMC SECTION 16.26.120, TO ADD AN
EXEMPTION TO FIRE IMPACT FEES FOR EARLY LEARNING
FACILITIES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City Council adopted Ordinance No. 2571 on May 7, 2018, regarding
the imposition of Fire Impact Fees within the City; and
WHEREAS, the Washington State Legislature passed Substitute House Bill 1331
related to the application of impact fees on early learning facilities within the State of
Washington; and
WHEREAS, early learning facilities provide broad public service to the Tukwila
community by providing childcare forTukwila community members; and
WHEREAS, on August 9, 2021, following adequate public notice, the Tukwila City
Council held a public hearing to receive public testimony on this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 16.26.030 Amended. Ordinance No. 2571 §6, as codified
at Tukwila Municipal Code (TMC) Section 16.26.030, is hereby amended to read as
follows:
16.26.030 Definitions
Terms or words not defined herein shall be defined pursuantto RCW 82.02.090 when
given their usual and customary meaning. Forthe 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:
CC: Legislative DevelopmentTire Impact Fees—Early Learning Facility exemption 8-10-21
BM:bjs Pagel of 5
1. "Accessory residential structure" means 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
stru ctu res.
2. "Accessory dwelling unit (ADU)" means a dwelling unitthat is within or
attached to a single-family dwelling or in a detached building on the same lot as the
primary single-family dwelling. An ADU is distinguishable from a duplex by being clearly
subordinate to the primary dwelling unit, both in use and appearance.
3. "Building permit" means an official document or certification of the City of
Tukwila issued bythe City's building official which authorizes the construction, alteration,
enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement,
demolition, moving, or repair of a building orstructure.
4. "City" means the City of Tukwila, Washington, County of King.
5. "Development activity" means any construction, reconstruction, or
expansion of a building,structure, or use, oranychangesinuse ofa building orstructu re,
or any changes in the use of land, requiring development approval.
6. "Development approval" means any written authorization from the City,
which authorizesthe commencementof the "development activity."
7. "Early Learning Facility" is defined consistent with RCW 43.31.565(3) as
now enacted or hereafteramen ded.
8. "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.
9. "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 demandfor additional
fire capital facilities.
10. "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.
11. "Impact fee" means the payment of money imposed by the City on
development activity pursuantto 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 independentfee calculations.
CC: Legislative Development\Fre Impact Fees—Early Learning Facility exemption 8-10-21
BM:bjs Page 2 of 5
12. "Low-income housing" means housing where monthly costs, including
utilities otherthan telephone, are no greater than 30% of the resident's household monthly
income and where household monthly income is 80% or less of the King County Median
family income adjusted for familysize as reported by the U.S. Departmentof Housing and
Urban Development.
13. "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 pu rch aser sh al l be considered the own er of the property.
14. "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 2. TMC Section 16.2 6.120 Amended. Ordinance No.2571 §15, as codified
at TMC Section 16.26.120, is hereby amended 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 amountof 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
City shall be charged a fire impact fee; provided, thatthe following exemptionsshall apply.
B. The following shall be exempt from fire impact fees:
1. Replacement of a structure with anew 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 structurewithin the Cityfrom one site to
another.
6. Fire impact fees for the construction of low-income housing maybe reduced
when requested by the property owner in writing prior to permit submittal and subject to
the following:
a. The property owner must submit a fiscal impact analysis of how a
reduction in impact fees for the project would contribute to the creation of low-income
housing; and
CC: Legislative Development\Fre Impact Fees—Early Learning Facility exemption 8-10-21
BM:bjs Page 3 of 5
b. The 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, the fees will be reduced, based on thefollowing 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 otherthan telephone, do not exceed
30% of the household's monthly income.
2 — Percentage of King County Median family income adjusted forfamily
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 fire impact fee.
8. A fee payer required to pay for system improvements pursuantto RCW
43.21C.060 shall notbe required to pay an impactfee forthe 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.
10. An Early Learning Facility is exempt from paying 80 percent of the required
Fire Impact Fee.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, includingthe correction of clerical errors; referencesto other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
CC: Legislative Development\Fre Impact Fees—Early Learning Facility exemption 8-10-21
BM:bjs Page 4 of 5
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance ora 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 (aday of.2021.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY:
Office of the City Attorney
Filed with the City Clerk: 9'—\0-';u
Passed by the City Council:
Published: -1C1 -cp-1
Effective Date: $ -cZ L+- 1
Ordinance Number:
CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 8-10-21
Page 5 of 5
BM:bjs
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2655-2657.
On August 16, 2021 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2655: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 §6, AS CODIFIED AT
TUKWILA MUNICIPAL CODE (TMC) SECTION 16.26.030, AND ORDINANCE NO. 2571
§15, AS CODIFIED AT TMC SECTION 16.26.120, TO ADD AN EXEMPTION TO FIRE
IMPACT FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2656: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 §6, AS CODIFIED AT
TUKWILA MUNICIPAL CODE (TMC) SECTION 16.28.030, AND ORDINANCE NO. 2572
§15, AS CODIFIED AT TMC SECTION 16.28.120, TO ADD AN EXEMPTION TO PARKS
IMPACT FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2657: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2521 §1, 2305 §1, AND
2111 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION
9.48.020, AND ORDINANCE NOS. 2622 §4 AND 2521 §2, AS CODIFIED AT TMC
SECTION 9.48.125, TO ADD AN EXEMPTION TO TRANSPORTATION IMPACT FEES
FOR EARLY LEARNING FACILITIES; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: August 19, 2021