HomeMy WebLinkAboutCOW 2012-02-27 Item 3B - Ordinances - Fire and Parks Impact Fee UpdatesCOUNCIL AGENDA SYNOPSIS
Initials ITE'MNO.
117eetir,� Date Prepared by Mayors review Councit review
02/27/12 DT ('Y 3. B.
03/05/12 DT
ITEM INFORMATION
STAFF SPONsoiz: DON TOMASO I ORIGINA], AGENDA DATE: 2/27/12
AGFINDA ITr,n TrI F,F: Updates to Fire Park Impact Fee Ordinance
CA'CFGORI' DZJ'CU.fsiOn Motion Resolution Ordinance BidAward Public Hearing Other
A'Itg Date 2/27/12 11Itg Date APP Date Mtg Date 3/5/12 ll�tg Date Mtg Date Mtg Date
SPONSOR Council Mayor .HR DCD E] Finance ®.Fire IT P &R Police PIV
SPC>NSOR's During implementation of the Fire Parks impact fee ordinances, issues arose regarding
interpretation and conflicting language. The proposed changes will correct the conflicting
language and provide greater clarity for staff and developers.
cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 02/22/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR /AllMIN. Fire Department Parks Department
CoiMm"rrEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPI ,NDI'1'UR1. RI?c>UIRI?ll AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
IMTG.DATEI RECORD OF COUNCIL ACTION
2/27/12
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I MTG. DATE I ATTACHMENTS
2/27/12 I Informational Memorandum dated 02/14/12
Draft Fire Impact Fee Ordinance
Draft Parks Impact Fee Ordinance
Minutes from the Finance and Safety Committee meeting of 2/22/12
3/5/12
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City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: B/C Don Tomaso, Fire Marshal
DATE: February 14, 2012
SUBJECT: Fire and Parks Impact Fee Ordinance updates.
ISSUE
To clear up language conflicts within both ordinances and provide clarification language for
developers as to how we implement the Fire and Parks impact fee ordinances within the City.
In addition, we have worked with Parks to update their capital project list for the ordinance.
BACKGROUND
The City adopted Fire and Parks impact fees in December of 2008, and The Department of
Community Development was managing both ordinances until the middle of 2010 when the Fire
Department took over the task of assessing and working with developers for Fire and Parks
impact fees. During this time we noticed some language and interpretation issues that most
developers were having trouble with when they tried to estimate their impact fees.
ANALYSIS
Staff reviewed the difficulties that most developers were experiencing and examined the
language in the ordinances for conflicts. Staff then met with the City Attorney to review the
issues and to better understand the intent and purpose of the Fire and Parks impact fees
structure. The proposed changes will make the administration of the ordinances less
demanding on staff and provide greater clarity for developers.
RECOMMENDATION
The Council is being asked to consider the 2 ordinances at the February 27, 2012 Committee of
the Whole meeting and March 5, 2012 Regular Meeting.
ATTACHMENTS
Draft Fire Impact Fee Ordinance
Draft Park Impact Fee Ordinance
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2219,
AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER
16.26; 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; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 2219 on December 15, 2008;
and
WHEREAS, after implementation of Ordinance No. 2219, certain refinements have
been identified based on the unique nature of the development activity in Tukwila, and
WHEREAS, the City desires to simplify the process of imposing and administering
fire impact fees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 16.26 Reenacted. Tukwila Municipal Code (TMC)
Chapter 16.26 is hereby reenacted to read as follows:
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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
Fire Impact Fee Adjustments
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16.26.090
Credits
16.26.100
Appeals
16.26.110
Refunds
16.26.120
Exemptions
16.26.130
Authority Unimpaired
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 new
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.
16.26.020 Findings. The City Council finds and determines that Rew 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 Re growth and development should
pay its proportionate share of the costs of the f R w w fi;e service facilities needed to
serve thenew growth and development in the City. Therefore, pursuant to RCW 36.70A
and RCW 82.02.050 through 82.02.100, which authorize the Citv to impose and collect
impact fees to fund public facilities that serve arowth, the Citv Council adopts this
ordinance to impose fire protection impact fees for fire protection services. The Cut
GGURG believes that this Gan be aGGGR;p shed by the assessrneRt Gf fire *rnpaGt fees Gn
ne�-w-residential, son reef and ind str ate ^meat iR the City.— is the Council's
intent that the provisions of this ordinance be liberally construed in establishing the fire
impact fee program.
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:
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12-. "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.
23. "City" means the City of Tukwila, Washington, County of King.
3 4. "Development activity" means any construction, reconstruction, or
expansion of a building, o or use, or any chanaes in use of a buildina or
structure, or anv changes in the use of land, that ro..t iiroc requirina development
approval. create^ c ca fet" f^nil el
u
4 6. "Development approval" means any written authorization from the City,
which authorizes the commencement of the "development activity."
5 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.
6 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.
7 6. "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 n e w growth and
development that is a proportionate share of the cost of fire capital facilities that is used
for facilities that reasonably benefit new development. Impact fees do not include a
reasonable permit fees, a-n- application fees, administrative fees for collecting
and handling fire impact fees, or the cost of reviewing independent fee calculations.
8 6. "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.
9 4-9. "Proportionate share" means that portion of the cost for fire facility
improvements that are reasonably related to the service demands and needs of flew
development.
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1 "Fire protection facilities 6 z�eflpf i�,�ldee means all publicly
owned apparatus and buildinas within the Citv that are used for fire protection and /or
emergencv response and aid.
governmental entitie I p bli^ s treet s and reads• (2) p bli^ly owned
e
of fire rJictrT and f� l a essential pub! iliti cis defined by
Chapter 36.70A RCVJ-.
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- This will in^L de the of evicting i c ep A
for fire nrnte^tion Genii ^ec
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.
C. Except if otherwise exempt, the City shall not issue the required building permit
unless or until the fire impact fees are paid.
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 oniv for fire protection facilities
addressed by the City's Capital Facilities Element of the Comprehensive Plan. t Gity
and its resideRtc
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 new 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.
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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.
16.26.070 Fire Impact Fee Formula.
A. The impact fee formula is based on the assumptions found in Tukwila Fire
Impact Fees, 2008, Exhibit A, and Tukwila Fire Department Capital Facilities List,
Exhibit B, both attached hereto and by this reference fully incorporated herein.
FIRE IMPACT FEE CALCULATIONS
Land Use
Single family
Multi- family
Office
Retail
Industrial
Impact Fee
Per Residential Unit I Per 1,000 Sq. Ft. GFA
$922
$1,200
$1,624
$580
$127
B. Each development shall mitigate its impacts on the Citv's fire protection
facilities by pavment of a fee that is based on the tvpe of land use and square footaqe of
the development, and proportionate to the cost of the fire protection facility
improvements necessary to serve the needs of qrowth.
C. Applications for a change of use shall receive credit based on the existina use.
This credit is calculated by deductinq the fee amount of the existing use from the fee of
the proposed use.
16.26.080 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.
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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.
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 to that appropriate for the particular development activity. The Fire
Chief shall consider the documentation submitted by the applicant, but is not reauired to
accept such documentation that the Chief reasonablv deems to be inaccurate or
unreliable. if an aGGeptable study as not preseRted, the developer shall pay the
f ed prierte submittiRgthe
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 b
accepting the independent fee calculation.
16.26.090 Credits. In computing the fee applicable to a aiven development, credit
shall be given for the fair market value measured at the time of dedication. for anv
dedication of land for improvements to, or new construction of, anv fire protection
facilities that are identified in the Capital Facilities Element and that are required by the
Citv as a condition of approving the development activity. fee payer Gan reque st that
a Gredit, OF Gredits, be awarded to the fee payer for the value ef dediGated
16.26.100 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 submittedtaken 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.
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C. Determinations of-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 filedtaken 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 with a- n- pang the accompanying appeal
fee as set forth in the existing fee schedule for land use decisions.
16.26.110 Refunds.
A. If the City fails to expend or encumber the impact fees within six years from the
date the fees were paid, unless extraordinary circumstances or reasons exist, the
current owner of the property on which the impact fees were paid may receive a refund
of such fees.
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 fire facilities.
E. Refunds of impact fees shall include any interest earned on the impact fees by
the City.
16.26.120 Exemptions. The fire impact fees are generated from the formula for
calculating the fees as set forth in this ordinance. 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 new
development activitv located within the City w-41 —shall be charged a fire impact fee;
provided, that the following exemptions shall apply. Any development activity or project
which has submitted a technically complete building permit application prior to the
effective date of this ordinance shall be exempt from the payment of fire impact fees.
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 or expansion of, 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.
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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. Low income housing developed by individuals, nonprofit corporations, or a
housing authority may be exempted from impact fees at the discretion of City staff
subject to:
a. Submittal of a fiscal impact analysis of the effect of impact fees upon
low- income housing and how exempting such housing from impact fees would forward
the goals for low- income housing in the City and King County;
b. That Submittal of adequate documentation be provided that the
showing that housing will remain available for low- income persons for a 10 -year period
of time at affordable rents; and
c. In the case of owner occupied dwellings, submittal of adeauate
documentation showina that such housing will be sold or leased at affordable rates to
low- income households for a period of 10 years.
d. The impact fee for exempt development under this subsection shall be
calculated as provided by this ordinance and paid with public funds. Such payments
may be made by including such amounts in the public share of the system
improvements undertaken within the City for fire protection services and facilities.
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.
16.26.130 Authority Unimpaired. Nothing in this ordinance shall preclude the City
from requiring the fee payer to mitigate adverse a-nd 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 43.21 C and 82.02 RCW.
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Section 2. Repealer. Ordinance No. 2219, as codified in TMC Chapter •16.26,
"Fire Impact Fees," is hereby repealed.
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, 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 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 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 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachments: Exhibit A Tukwila Fire Impact Fees, 2008
Exhibit B Fire Department Capital Facilities List
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A j
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2220, AS
CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 16.28;
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; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 2220 on December 2008,
and
WHEREAS, after implementation of Ordinance No. 2220, certain refinements have
been identified based on the unique nature of the development activity in Tukwila; and
WHEREAS, the City desires to simplify the process of imposing and administering
parks impact fees;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Chapter 16.28 Reenacted. Tukwila Municipal Code (TMC)
Chapter 16.28 is hereby reenacted to read as follows:
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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
Parks Impact Fee Adjustments
16.28.090
Credits
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16.28.100
Appeals
16.28.110
Refunds
16.28.120
Exemptions
16.28.130
Authority Unimpaired
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 Rew
development bears its proportionate share of the capital costs of public parks facilities
necessitated by new development; and
3. Ensure fair collection and administration of such fire impact fees.
16.28.020 Findings. The City Council finds and determines that new growth and
development in the City create additional demand and need for public parks facilities in
the City, and the City Council finds that new growth and development should pay its
proportionate share of the costs of the for new narks facilities needed to serve tithe
growth and development in the City. Therefore, pursuant to RCW 36.70A and RCW
82.02.050 throuqh 82.02.100, which authorizes the Citv to impose and collect impact
fees to fund public facilities that serve growth, the Citv Council adopts this ordinance to
impose parks impact fees for parks services. The City COU, GRI ;relieves that this Gan be
aGGOFnplushed by the ss mOnt of park imnaGt foes on new residential nommemial
isn` industrial development an the City 1t is the Council's intent that the provisions of
this ordinance be liberally construed in establishing the parks impact fee program.
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:
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.
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32. "City" means the City of Tukwila, Washington, County of King.
4 "Development activity" means any construction, reconstruction, or
expansion of a building, e+-structure, or use, or anv chances in use of a buildina or
structure. or anv chanaes in the use of land, reauirina development approval.that
Greates additional demand and need feF parks faG
6 "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.
6 "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 new growth and
development that is a proportionate share of the cost of parks capital facilities that is
used for facilities that reasonably benefit new -development. Impact fees do not include
a- reasonable permit fees, an- application fees, and4he- administrative fees for collecting
and handling parks impact fees, or the cost of reviewing independent fee calculations.
0 "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.
4-0 "Proportionate share" means that portion of the cost for parks facility
improvements that are reasonably related to the service demands and needs of new
development.
1 "Public Parks facilities" means 3 9WRed —er
operated by governmeRtal e s: (1 pu streets and reads; 2 pu lam Gwned
r�
paFk and open spaces and rereatiGRal facilities; /Q\ crhool faniliti s; `4) faro nreteGtien
faGilitie not part of a fire `JiStFiGt; and (5) poline faniliti a nd essenti -al publip fpnil ac as
defined by Chapter 36.70A those capital facilities identified as park and
recreational facilities in the Citv's Capital Facilities Plan.
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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
^h chapter ordinance. Thi wil�Tll, inGlude the of eg g- uses, —w,h;Gh GFeate the
demand foF parks v i
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.
C. Except if otherwise exempt, the City shall not issue the required building permit
unless or until the parks impact fees are paid.
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 arowth and development, and oniv for Dark facilities
addressed by the Citv's Capital Facilities Element of the Comprehensive Plan. -City
and its FesideRtS
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
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 new 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.
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,
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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.
16.28.070 Parks Impact Fee Formula.
A. The impact fee formula is based on the assumptions found in Tukwila Parks
Impact Fees, 2008, Exhibit A, and Tukwila Parks Capital Facilities List, Exhibit B, both
attached hereto and by this reference fully incorporated herein.
PARKS IMPACT FEE CALCULATIONS
Land Use
Single Family
Multi Family
Office
Retail
Industrial
Impact Fee
Per Residential Unit Per 1,000 Sq. Ft. GFA
$1,426
$1,398
$837
$419
$262
B. Each development shall mitiaate its impacts on the Citv's parks facilities by
Pavment of a fee that is based on the tvpe of land use and sauare footaae of the
development, and proportionate to the cost of the parks facility improvements
necessary to serve the needs of growth.
C. Applications for a chanqe of use shall receive credit based on the existinq use.
This credit is calculated by deductinq the fee amount of the existinq use from the fee of
the proposed use.
16.28.080 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:
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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 of Parks and Recreation may adjust the fee to that
for the particular development activity. The Director shall consider the
documentation submitted by the applicant, but is not reauired to accept such
documentation that the Director reasonablv deems to be inaccurate or unreliable. ff--an
aGGeptable study is not presented, the ddevelepeF shall pay the urnpaGt fees requi
pFieF to submitting the study.
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.
16.28.090 Credits. In computinq the fee applicable to a qiven development, credit
shall be qiven for the fair market value measured at the time of dedication, for anv
dedication of land for improvements to, or new construction of, anv parks facilities that
are identified in the Capital Facilities Element and that are required by the City as a
condition of approving the development activitv. fee r, ayeF GaR request that a GFe i+
to, er new GonStFUGtiGR of aRY system irnpFevemeRtS provided by the developer to
faGilities that are identified in the Gapital faGilities plaR and that ed by the City
16.28.100 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 take 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.
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C. Determinations e --bv 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 taken -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 paving the with an accompanying appeal
fee as set forth in the existing fee schedule for land use decisions.
16.28.110 Refunds.
A. If the City fails to expend or encumber the impact fees within six years from the
date the fees were paid, unless extraordinary circumstances or reasons exist, the
current owner of the property on which the impact fees were paid may receive a refund
of such fees.
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.
16.28.120 Exemptions. The parks impact fees are generated from the formula for
calculating the fees as set forth in this ordinance. 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 new— development
activitv located within the City w4 -shall be charged a parks impact fee; provided, that
the following exemptions shall apply. Any development activity or project which has
submitted a technically complete building permit application prior to the effective date of
this ordinance shall be exempt from the payment of parks impact fees. 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 cross floor area, when such replacement is within 12
months of demolition or destruction of the previous structure.
2. Alteration,_ or— expansion,. of 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.
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4. Miscellaneous improvements including, but not limited to, fences, walls,
swimming pools, and signs that do not create an increase in demand for Darks services.
5. Demolition of or moving an existing structure within the City from one site
to another.
6. Low income housing developed by individuals, nonprofit corporations, or a
housing authority may be exempted from impact fees at the discretion of City staff
subject to:
a. Submittal of a F- fiscal impact analysis of the effect of impact fees upon
low- income housing and how exempting such housing from impact fees would forward
the goals for low- income housing in the City and King County,
b. That adequate Submittal of adequate documentation be-
showinq that the housing will remain available for low- income persons for a 10 -year
period of time at affordable rents; and
c. In the case of owner occupied dwellings, submittal of adequate
documentation showina that such housing will be sold or leased at affordable rates to
low- income households for a period of 10 years.; a
d. The impact fee for exempt development under this subsection shall be
calculated as provided by this ordinance and paid with public funds. Such payments
may be made by including such amounts in the public share of the system
improvements undertaken within the City for parks services and facilities.
7. Chanae of Use. A development permit for a change of use that has less
impact than the existina use shall not be assessed a Darks impact fee.
7. The a reGGRStFUGtien, remodeling, or replaGement of existing buildings
OF ctr,,nt„rc t hat meet th requirements of th 3 J ubpart sha be exempt from the
to pay all impaGt fees. Te quality for this exemption, all of the following
applinahle requirements shall he met:
u For non _residential stn v+tU or the non residential port of mixed use
StFLIGtUres, no additional gFess fleeF area may be ad
h For res stRtGtu-F gr the part of mix use str„nt„res
s
Fo roppla,cume,Rt StFa ,res theSttFactUree being replaced shall have b eeeR
demolished or meved outside the City of Tukwila
16.28.130 Authority Unimpaired. Nothing in this ordinance shall preclude the City
from requiring the fee payer to mitigate adverse and environmental a of a
specific development pursuant to the State Environmental Policy Act, Chapters 43.21 C
RCW and /or Chapter 58.17 RCW, governing plats and subdivisions, provided that the
exercise of this authority is consistent with Chapters 43.21 C and 82.02 RCW.
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Section 2. Repealer. Ordinance No. 2220, as codified in TMC Chapter 16.28,
"Parks Impact Fees," is hereby repealed.
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, 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 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 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 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number:
Attachments: Exhibit A Tukwila Parks Impact Fees, 2008
Exhibit B Tukwila Parks Capital Facilities List
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34
EXHIBIT A
Tukwila Parks Impact Fees, 2008
TABLE 1: 2008 Park Impact Fee Calculations
Land Use 2007 2007 2007 Building 2020 Housing
2020
2020 Building
Housing Employment Area -3 Units Employme
Non Tukwila
Area
Units -1 2
nt
I Single family I 3,822 I I I 4,338 I
I
I Multi- family I 4,107 I I I 6,491 I
I
Office I I 6,245 I 1,561,250 I 1
7,727
I 1,931,750
Retail I 1 20,384 1 10,192,000 I I
25,220
I 12,610,000 I
I Industrial I I 20,343 1 16,274,400 I I
25,169
I 20,135,200 I
I TOTALS I 7,929 1 46,972 I 28,027,650 I 10,829 I
58,116
I 34,676,950 1
1. OFM
I
2. PSRC 2007 Covered Emplooyment Estimates
I 2,384
3. Retail: 500gsf per emp; Office: 250gsf per emp; Industrial: 800gsf per emp; X emp growth
4. 43 SF du /yr; rest is MF from 2007 Buildable Lands Report
5. 90% of Buildable Lands Report estimates, at same as 2007 employment
1 1,482
6. Tukwila Resident/Non- Tukwila resident breakdown based on 2000 census data
133
1 1,349
In 2000, the number of residents who live and work in Tukwila is 1,502, out of a population of
17,181
9%
Net Growth, 2008 2020
Housing Units Employment Building Employment Employment:
4
-5
Area 3
Tukwila
Non Tukwila
Residents
Residents
9 -6
9l -6
I 516
I
I I
I
I 2,384
1 1,482
I 370,500 I
133
1 1,349
1 4,836
1 2,418,000 I
435
I 4,401
I
4,826
1 3,860,800 I
434
I 4,392
2,900
11,144
1 6,649,3001
1,003
I 10,141
Impact Fee
Persons per
Hours per
Total
Hours
Cost
Per Housing
Per 1,000
Rounded
Housing Unit
Week
Hours
Allocation
Unit
GFA
1 2.54
2.54
1 3,329 I
11.78%
1 $0 1
$0.00
I I
$0 I
2.49
2.49
I 14,781 I
52.32%
1 $0 1
$0.00
I I
$0
1.00
I 1,349 I
4.77%
I $0 I
1 $0.00 1
$0
1 1.00
1 4,401 I
15.58%
I $0 I
1 $0.00 I
$0 I
I
1.00
I 4,392 I
15.55%
I $0 I
I $0.00 I
$0 I
28,251 1
100.00%
Note: $11,025,000 is 90% of $12,250,000
35
Exhibit B
Tukwila Parks Capital Facilities List
Project List Impact Fees 2009 to 2015
Duwamish Hill Preserve
Trail Connections
Tukwila Pond
Gity of Tukwila Pool
Develop Phase II
Green River Trail to Renton
Black /Cedar River Trail
Development Phase IV
feat Ad seFyiees
TOD Pedestrian Bridge
Sounder Connection
Total
Project Cost
$?000
*$2,500,000
$500,000
2,000,000
$8,000,000
*Tukwila Pool removed from list due to the formation of the Metropolitan Park District, funds
added to the Duwamish Hill Preserve.
Exhibit B Parks Impact Fees
Revised January 2012
36
FINANCE AND SAFETY COMMITTEE Meeting Minutes
February 22, 2012 5: ISp.m.; Conference Room #3
City of Tukwila
Finance and Safety Committee
PRESENT
Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller
Staff: David Cline, Mike Villa, Peggy McCarthy, Don Tomaso and Kimberly Matej
CALL TO ORDER: Chair Quinn called the meeting to order at 5:17 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Ordinances: Fire Parks Imoact Fee
Staff is seeking Council approval of two draft ordinances amending Chapter 16 of the Tukwila Municipal
Code (TMC) regarding imposing and administering Fire Impact Fees and Parks Impact Fees.
The City Council first adopted these impact fees in late 2008. Since implementation, the administration of
the ordinances has been reassigned from the Department of Community Development to the Fire
Department. Staff has identified several areas of the ordinances that require clarity and /or further
interpretation in order to improve efficiency and application. Both ordinances are very similar in wording
and, therefore, the changes are applicable across both ordinances. The changes include:
Inclusion of references to the Revised Code of Washington (RCW), as appropriate
Clarification of the impact fee formula and calculations
Application and computation of credits
Further definition of exceptions and change of use
These changes have been reviewed and approved by the City Attorney, and will require the repeal of
Resolution Nos. 2219 and 2220. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 27 COW
FOR DISCUSSION.
B. Update: Panhandling Ordinance
As information only, staff is providing Committee with an update on the implementation and enforcement
of the "Soliciting in Certain Areas Prohibited" (panhandling) ordinance.
Since this ordinance went into effect in December 2011, 45 warnings have been issued by the Police
Department (primarily during the first month) and one arrest has been made. Chief Villa implemented the
ordinance through the following process:
Train police officers on the new ordinance
Conduct outreach and public education
Enforcement
Chief Villa clarified that enforcement of panhandling on private property requires trespassing by the
business owner. This ordinance is perceived as a useful tool by police officers, and panhandling
frequency appears to have decreased. INFORMATION ONLY.
37