HomeMy WebLinkAboutOrd 2657 - Transportation Impact Fees Exemption for Early Learning FacilitiesAN 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 TOTRANSPORTATION IMPACT
FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR
SEVERABILITY; AND ESTABLISHINGAN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 2111 on December 5, 2005,
regarding the imposition of Transportation 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 9.48.020 Amended. Ordinance Nos. 2521 §1, 2305 §1,
and 2111 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.020, are
hereby amended to read as follows:
9.48.020 Definitions
The words and terms contained in this chapter shall have the following meanings for
the purposes of this chapter, unless the context clearly requires otherwise. Terms or
words not defined herein shall be defined pursuantto RCW 82.02.090 when given their
usual and customary meaning.
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1. The `Act" means the Growth ManagementAct, Chapter 17, Laws of 1990,
First Extraordinary Session, Chapter36.70A RCW et seq., and Chapter32, Laws of 1991,
First Special Session, as now in existence or hereinafter amended.
2. "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.
3. "City" means the City of Tukwila, Washington.
4. "Development" means the construction, reconstruction, conversion,
structural alteration, relocation or enlargement of any structure that requires a building
permit.
5. "Developmentactivity"means any construction of a building or structure that
creates additional demand and need for transportation facilities.
6. "Development approval" means any written authorization from the City,
which authorizes the commencementof the "development activity."
7. "Early Learning Facility"is defined consistentwith RCW43.31.565(3) as now
enacted or hereafter amended.
8. "Fee payer" is a person, corporation, partnership, an incorporated
association or governmental agency, municipality, or similar entity commencing a land
development activity, which requires a building permit and creates a demand for
additional facilities.
9. "Impact fee" means the payment of money imposed by the City on
development activity pursuant to this chapter as a condition of granting development
approval, in order to pay for the transportation facilities needed to serve new growth and
development that is a proportionate share of the cost of the capital facilities that is used
for facilities that reasonably benefit new development. Impact fees are independentof a
permit fee, an application fee, a concurrency test fee, and the administrative fee for
collecting and handling impactfees or cost of reviewing independentfee calculations.
10. "Letter encumbered"means to reserve, set aside, or earmark the impact fees
in order to pay for commitments, contractual obligations, or other liabilities incurred for
the provision of transportation facilities.
11. "Low-income housing" means housing where monthly costs, including
utilities other than telephone, do not exceed 30% of the resident's household monthly
income and where household monthly income must be 80 percent or less of the King
County Median family income adjusted forfamily size as reported by the U.S. Department
of Housing and Urban Development.
12. "Owner" means the ownerof 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.
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13. "Proportionate fair share" means that portion of the cost for transportation
facility improvements that are reasonably related to the service demands and needs of
new development.
Section 2. TMC Section 9.48.125 Amended. Ordinance Nos. 2622 §4 and 2521
§2, as codified at TMC Section 9.48.125, are hereby amended to read as follows:
9.48.125 Exemptions
A. The 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
depicted on Figure 9-1 herein. All development activity located within the City shall be
charged a transportation impact fee, provided that the following exemptions shall apply.
B. The following shall be exempt from transportation 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 impact the transportation system.
5. Demolition of or moving an existing structure within the Cityfrom one site to
another.
6. Transportation impact fees for the construction of low-income housing may
be reduced at the discretion of the Public Works Director when requested bythe property
ownerin writing prior to permit submittal and subject to the following criteria:
a. Submittal of a fiscal impact analysis of how a reduction in impact fees
forthe project would contribute to the creation of low-income housing;
b. Fee reduction 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%
— 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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c. The developer 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 limitsfor a period of at least 10 years. Ata minimum, the covenantmust
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.
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 transportation 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
Transportation 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 summarythereof shall be published
in the official newspaperof 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 1 �+t \ day of , 2021.
ATTEST/AUTH ENTICATED:
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Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Oki/
All kberg,
Filed with the City Clerk: --`- k
Passed by the City Council: 3--
Published: a — 19 - a k
Effective Date: $'-3 �A—,1..�
Ordinance Number: c;L(� G"7
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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