HomeMy WebLinkAboutOrd 2366 - TMC Chapter 16.28 "Parks Impact Fees" (Repealed by Ord 2572)
Cover page to Ordinance 2366
The full text of the ordinance follows this cover page.
Ordinance 2366 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
1 (part) 2485 2572
1 (part) 2521
Ordinance No. 2366
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 15, 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
development bears its proportionate share of the capital costs of public parks facilities
necessitated by development; and
3. Ensure fair collection and administration of such parks impact fees.
16.28.020 Findings. The City Council finds and determines that growth and
development in the City create additional demand and need for public parks facilities in
the City, and the City Council finds that growth and development should pay its
proportionate share of the costs of the facilities needed to serve the growth and
development in the City. Therefore, pursuant to RCW 36.70A and RCW 82.02.050
through 82.02.100, which authorize the City to impose and collect impact fees to fund
public facilities that serve growth, the City Council adopts this ordinance to impose
parks impact fees for parks services. It 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:
1. "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.
2. "City" means the City of Tukwila, Washington, County of King.
3. "Development activity" means any construction, reconstruction, or
expansion of a building, structure, or use, or any changes in use of a building or
structure, or any changes in the use of land, requiring development approval.
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4. "Development approval" means any written authorization from the City,
which authorizes the commencement of the "development activity."
5. "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.
6. "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.
7. "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 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 independent fee calculations.
8. "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. "Proportionate share" means that portion of the cost for parks facility
improvements that are reasonably related to the service demands and needs of
development.
10. "Parks facilities" means those capital facilities identified as park and
recreational facilities in the City's Capital Facilities Plan.
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
ordinance.
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.
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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 growth and development, and only for park facilities
addressed by the City's Capital Facilities Element of the Comprehensive Plan.
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 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;
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.
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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
I Impact Fee
Land Use I Per Residential Unit I Per 1,000 Sq. Ft. GFA
Single Family $1,426
Multi Family $1,398
Office I $837
Retail I I $419
(Industrial I I $262
B. Each development shall mitigate its impacts on the City's parks facilities by
payment of a fee that is based on the type of land use and square footage of the
development, and proportionate to the cost of the parks facility improvements
necessary to serve the needs of growth.
C. Applications for a change of use shall receive credit based on the existing use.
This credit is calculated by deducting the fee amount of the existing 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:
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.
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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 for the
particular development activity. The Director shall consider the documentation
submitted by the applicant, but is not required to accept such documentation that the
Director reasonably deems to be inaccurate or unreliable.
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 computing the fee applicable to a given development, credit
shall be given for the fair market value measured at the time of dedication, for any
dedication of land for improvements to, or new construction of, any parks facilities that
are identified in the Capital Facilities Element and that are required by the City as a
condition of approving the development activity.
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 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.
C. Determinations by 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 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 paying the 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 10 years from the
date the fees were paid, unless extraordinary, compelling reasons exist for fees to be
held longer than 10 years, the current owner of the property on which the impact fees
were paid may receive a refund of such fees. Such extraordinary or compelling
reasons shall be identified in written findings by the City Council.
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.
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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 development activity
located within the City 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 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 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. Submittal of adequate documentation showing that the housing will
remain available for low- income persons for a 10 -year period of time at affordable rents;
and
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c. In the case of owner occupied dwellings, submittal of adequate
documentation showing 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 parks 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 parks impact fee.
8. A fee payer required to pay for system improvements pursuant to RCW
43.21C.060 shall not be required to pay an impact fee for the same improvements
under this ordinance.
16.28.130 Authority Unimpaired. Nothing in this ordinance shall preclude the City
from requiring the fee payer to mitigate adverse 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.
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.
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PASSED BY THE CITY COUNCI OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 7 day of 2012.
ATTEST /AUTH ENTICATED:
I—
Christy O'Flahert M1 C City Clerl�
y a.✓
Ji aggerto or
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council :3
Published:
Effective Date:
Shelley M. Kerslake, City Attorney Ordinance Number: 6
Attachments: Exhibit A Tukwila Parks Impact Fees, 2008
Exhibit B Tukwila Parks Capital Facilities List
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EXHIBIT A
Tukwila Parks Impact Fees, 2008
(80% impact .fees; 20% city contribution)
TABLE 1: 2008 Park Impact Fee Calculations (80% 20% split)
Land Use 2007 2007 2007 Building 2020 Housing
2020
2020 Building
Housing Employment Area -3 Units
Employme
Area
Units -1 2
nt
Residents
Single- family 3,822 4,338
Employees
$419
Multi family 4,107 6,491
9
Residents
Office 6,245 1,561,250
7,727
1,931,750
Retail 20,384 10,192,000
25,220
12,610,000
1Industrial 1 20,343 1 16,274,400
25,169
20,135,200
TOTALS 7,929 1 46,972 1 28,027,650 1 10,829 1
58,116 1
34,676,950
1. OFM
27,823
2. PSRC 2007 Covered Emplooyment Estimates
1,482
370,500
3. Retail: 500gsf per emp; Office: 250gsf per emp; Industrial: 800gsf per emp; X emp growth
1,349
4. 43 SF du /yr; rest is MF from 2007 Buildable Lands Report
4,836
2,418,000
5. 90% of Buildable Lands Report estimates, at same as 2007 employment
4,401
6. Tukwila Resident/Non- Tukwila resident breakdown based on 2000 census data
3,860,800
434
In 2000, the number of residents who live and work in Tukwila is 1,502, out of a population of
17,181, or 9%
Land Use
I Sinjile- family
Multi family
l Office
Retail
Industrial
TOTALS
Land Use
Sint =le family
Multi-family
Office
Retail
Industrial
TOTALS
Net Growth, 2008 2020
Housing Employment Building Area Employment: Employme
Units 4
5
-3
Tukwila
nt: Non
Land Use
Housing
Residents/
Residents
Tukwila
Employees
$419
2.54 I
9
Residents
2.49
2.44
14,484
91°/0 -6
516
1.00
4,401
2,384
4,392
27,823
Note: $6,400,000 is 80% of
1,482
370,500
133
1,349
4,836
2,418,000
435
4,401
4,826
3,860,800
434
4,392
2,900
11,144
6,649,300
1,003
10,141
Persons
Use Ratio
Total Use by
per
Between
Land Use
Housing
Residents/
Category
Unit
Employees
$419
2.54 I
2.44
3,198
2.49
2.44
14,484
1.00
1,349
1.00
4,401
1.00
4,392
27,823
Note: $6,400,000 is 80% of
$8,000,000
Impact Fee
Use by Cost Per Housing Per 1,000 Rounded
Land Use Allocation Unit GFA
Category
1 11.49%
1 $735,607 1 $1,425.59 1 1
$1,426
1 52.06%
1$3,331,7151 $1,397.53 1
$1,398
4.85%
1 $310,214 1 1 $837.29
$837
15.82%
1$1,012,279 1 $418.64
$419
1 15.78%
1$1,010,185 i $261.65
$262
1 100.00%
1$6,400,000 1
Exhibit B
Tukwila Parks Capital Facilities List
Project List Impact Fees 2009 to 2015
Duwamish Hill Preserve
Trail Connections
Tukwila Pond
City ef Tukwila Peel
Develop Phase II
Green River Trail to Renton
Black /Cedar River Trail
Development Phase IV
fe,+, Pd seFviees
TOD Pedestrian Bridge
Sounder Connection
Total
Project Cost
$2,000,000
*$2,500,000
$500,000
III Iof
as as&
$8,000,000
Tukwila Pool removed from list due to the formation of the Metropolitan Park District in 2011;
those funds were added to the Duwamish Hill Preserve project.
NOTE: Previous version of Exhibit B (prior to strike through changes resulting from formation of
the MPD) was included as an attachment to Ordinance No. 2220.
Exhibit B Parks Impact Fees
Revised January 2012
City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2365 -2366.
On March 5, 2012 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 2365: 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.
Ordinance 2366: 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.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: March 8, 2012