HomeMy WebLinkAboutOrd 2656 - Parks Impact Fees Exemption for Early Learning FacilitiesCl"ty
o�Mlm Tuliwi'la
Washington
• No.
G/
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.
WHEREAS, the City Council adopted Ordinance No. 2572 on May 7, 2018, regarding
the imposition of Parks 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
communityby providing childcareforTukwila 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 16.28.030 Amended. Ordinance No. 2572 §6, as codified
at Tukwila Municipal Code (TMC) Section 16.28.030, is hereby amended to read as
follows:
16.28.030 Definitions
Terms or words not defined herein shall be defined pu rsuantto 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:
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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 documentor 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 building, stru ctu re, or use, or any changes in use of a building or structure,
or any changes in the use of land, requiring development approval.
6. "Development approval" means any written authorization from the City,
which authorizes the commencement of 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 parks impact fees
in order to pay for commitments, contractual obligations, or other liabilities incurred for
the provision of parks 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 demand for additional
parks capital facilities.
10. "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 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
cost of reviewing independentfee calculations.
11. "Low-income housing" means housing where monthly costs, including
utilities otherthan telephone, areno 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 incomeadjusted forfamilysize as reported by the U.S. Departmentof Housing and
Urban Development.
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12. "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 purchasershall be considered the ownerof the property.
13. "Parks facilities" means those capital facilities identified as park and
recreational facilities in the City's Capital Facilities Plan.
14. "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 2. TMC Section 16.28.120 Amended. Ordinance No.2572 §15, as codified
at TMC Section 16.28.120, is hereby amended 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 amountof 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 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 parks services.
5. Demolition of or moving an existing structure within the Cityfrom one site to
another.
6. Parks impact fees for the construction of low-income housing may be
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
b. The property owner must record a covenantperRCW 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,
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the properly 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, the fees will be reduced, based on the following table:
Unit Size
Affordability Target'
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 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.
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. An Early Learning Facility is exempt from paying 80 percent of the required
Parks 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 thisordinance, including thecorrection of clerical errors; referencesto other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering. '
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this �, (,4` dayof A\A4uti512021.
ATTEST/AUTHENTICATED :
filch iar_�'(5t%%C�lce �fi./ -
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, May
APPROVED AS TO FORM BY: Filed with the City Clerk: 3-10-;Q
Passed by the City Council:- �-
Published: Ci -C30
Effective Date: IS-11;Z14-30
.n..,_...,.,y,,.,
Ordi n an ce N u mber:
Office of the City Attorney
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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