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HomeMy WebLinkAboutOrd 2788 - Concurrency Standards & ManagementCity of Tukwila Washington Ordinance No. 2788 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONCURRENCY; REPEALING ORDINANCE NOS. 2111 AND 2635; REPEALING AND REPLACING CHAPTERS 9.48, "CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES", AND 9.50, "CONCURRENCY MANAGEMENT", OF THE TUKWILA MUNICIPAL CODE; UPDATING AND REVISING LANGUAGE TO REFLECT CHANGES IN STATE LAW AND THE CITY'S 2024 COMPREHENSIVE PLAN; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Washington State updated the 1990 Growth Management Act (GMA) with new requirements for cities and counties required to plan under the GMA; and WHEREAS, via Ordinance No. 2753, approved by the City Council on December 16, 2024, the City of Tukwila ("City") adopted a significant update to the City's Comprehensive Plan, including an updated Transportation Element; and WHEREAS, the City Council adopted a new multimodal level of service standard as part of the Transportation Element; and WHEREAS, a new transportation impact fee and transportation concurrency standard is required to be codified in the Tukwila Municipal Code (TMC); and WHEREAS, the City Council wishes to repeal and replace chapters 9.48 and 9.50 of the Tukwila Municipal Code as set forth in this Ordinance and Exhibits A and B attached hereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance 2111 as codified in TMC Chapter 9.48 "Concurrency Standards and Transportation Impact Fees", is hereby repealed, thereby eliminating this chapter in its entirety. {NMM4914-4223-7323;1/13175.000001/} CHAPTER 9.48 CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES Sections: 9.48.010 9.48.020 9.48.030 9.48.040 9.48.050 9.48.060 9.48.070 9.48.080 9.48,090 9.48.095 9.48.100 9,48.110 9.48.120 9.48.125 9,48.130 9.48.150 9,48.160 Authority and Purpose. Definitions. Imposition of Transportation Impact Fees. Calculation of Impact Fees. Credit. Time of Payment of Impact Fees. Adjustments. Establishment of Impact Fee Amount. Use of Impact Fees, Transportation Impact Fee Deferral. Plan and Fee Update. Refunds. Appeals. Exemptions. Residential Impact Fee Deferral, Authority Unimpaired. Relationship to SEPA. Section 2. Replaced. TMC Chapter 9.48, "Transportation Impact Fees" of the Tukwila Municipal Code is hereby reenacted to read as follows: CHAPTER 9.48 TRANSPORTATION IMPACT FEES Sections: 9.48.010 Authority and Purpose. 9.48.020 Purpose. 9.48.030 Imposition of Transportation Impact Fees. 9.48.040 Calculation of Impact Fees. 9.48.050 Credit, 9.48.060 Adjustments. 9.48.070 Time of Payment of Transportation Impact Fees. 9.48.080 Establishment of Transportation Impact Fee Amount. 9.48.090 Use of Transportation Impact Fees. 9.48.100 Plan and Fee Update. 9.48.110 Refunds, 9.48.120 Appeals. 9.48.130 Applicability. 9.48.140 Residential Transportation Impact Fee Deferral. 9.48.150 Authority Unimpaired. 9.48.160 Relationship to SEPA. 2026 Legislation. Replace TMC 9.48 & 9,50 TMC Version: 05/18/26 Staff C. Knighton, H. Greenwood Page 2 of 4 9.48.170 Delegation. Section 3. Chapter Established. All chapters of TMC Chapter 9.48 are hereby established to read as referenced in Exhibit A. Section 4. Repealer. Ordinance 2635 as codified in TMC Chapter 9.50 "Concurrency Standards and Transportation Impact Fees", is hereby repealed, thereby eliminating this chapter in its entirety. CHAPTER 9.50 CONCURRENCY MANAGEMENT Sections: 9.50.010 Purpose. 9.50.020 Definitions. 9.50.030 Concurrency Test. 9.50.040 Test Criteria. 9.50.050 Concurrency for Phased Development. 9.50.060 Exemptions. 9.50.070 Vesting. 9.50.080 Improvements to Concurrency Facilities. 9.50.090 Capital Facilities Plan and Capital Improvement Program. 9.50.100 Intergovernmental Coordination. 9.50.110 Administrative Rules and Procedures. 9.50.120 Appeals. 9,50,130 SEPA Exemption, Section 5. Replaced. TMC Chapter 9.50, "Concurrency Management", of the Tukwila Municipal Code hereby reenacted to read as follows: CHAPTER 9.50 CONCURRENCY MANAGEMENT Sections: 9.50.010 Purpose. 9.50.020 Definitions. 9.50.030 Transportation Concurrency Review. 9.50.040 Review Criteria. 9.50.050 Transportation Concurrency for Phased Development and Rezones. 9.50.060 Development Accounted for in the Model. 9.50.080 Improvements to Transportation Facilities. 9.50.090 Capital Facilities Plan and Capital Improvement Program. 9.50.110 Administrative Rules and Procedures. 9.50.120 Appeals. 9.50.130 SEPA Exemption. 2026 Legislation: Replace TMC 9.48 & 9.50 TMC Version: 05/18/26 Staff: C. Knighton, H. Greenwood Page 3 of 4 Section 6. Chapter Established. All chapters of TMC Chapter 9.50 are hereby established to read as referenced in Exhibit B. Section 7. Corrections by City Clerk or Code Reviser Authorized. 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 8. 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 9. 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 effective October 14, 2026, 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 15th day of June, 2026. ATTEST/AUTHENTICATED: w4dQBarneClerk APPROVED AS TO FORM BY: Office of the City Attorney as McLeod, Ma Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Exhibit A — TMC Chapter 9.48, Transportation Impact Fees Exhibit B — TMC Chapter 9.50, Concurrency Management 06/09/2026 06/15/2026 06/18/2026 10/14/2026 2788 2026 Legislatoon: Replace TMC 9.48 & 9.50 TMC Version: 05118i26 Staff: C. Knighton. H. Greenwood Page 4 of 4 Exhibit A CHAPTER 9.48 TRANSPORTATION IMPACT FEES § 9.48.010. Authority and Purpose. A. Authority. The City of Tukwila's transportation impact fee financing program has been developed pursuant to the City of Tukwila's police powers, the Growth Management Act as codified in Chapter 36.70A of the Revised Code of Washington (RCW), the enabling authority in Chapter 82 02 RCW, Chapter 58.17 RCW relating to platting and subdivisions and the State Environmentai Policy Act (SEPA), and Chapter 43,12C RCW, Purpose. The purpose of the financing plan is to: 1, Develop a program consistent with Tukwila's Comprehensive Plan, the Six -Year Transportation Program and the Capital Improvement Program, for joint public and private financing of transportation improvements necessitated in whole or in part by develop ent within the City of Tukwila; 2. Ensure adequate levels of transportation service consistent with the level of service identified in the Transportation Element of the Comprehensive Plan; Create a mechanism to charge and collect fees to ensure that new development bears its proportionate share of the capital costs of transportation facilities necessitated by new development; and 4. Ensure fair coliection and administration of such transportation impact fees. C. The provisions of the City of Tukwila's transportation impact fee ordinance shall be liberally construed to effectively carry out its purpose in the interests of the public health, safety and welfare. § 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 pursuant to RCW 82.02,090. Terms not defined herein and RCW 82.02.090 shall be given their usual and customary meaning. A.. "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, piacement, demolition, moving, or repair of a building or structure. B. "City" means the City of Tukwila, Washington. C. "Development" means any construction or expansion of a building, structure, or any changes in the use of the land that requires a building permit and creates additional demand and need for transportation facilities. "Development" does not include: (a) buildings or structures constructed by a regional transit authority or (b) buildings or structures constructed as shelters that provide emergency housing for people experiencing homelessness or emergency shelters for victims of domestic violence as defined in RCW 70.123.020, a "Early learning facility" is defined consistent with RCW 4 .31.565(3) as now enacted or hereafter amended. E. "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. F. "Letter encumbered" means to reserve, set aside, or earmark the transportation impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of transportation facilities, G. "Low-income housing" means housing where monthly costs, including utilities other than telephone, do not exceed 30 percent 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 for family size as reported by the U.S. Department of Housing and Urban Development. H, "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 shalt be considered the owner of the property, I. "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. §9.48.030. Imposition of Transportation Impact Fees. The City hereby authorizes the assessment and collection of transportation impact fees on development activity. § 9.48.040. Calculation of Transportation Impact Fees. A. The method of calculating the transportation impact fees in this chapter incorporate, among other things, the following: 1. The cost of public streets, roads, and pedestrian and bicycle facilities necessitated by the development, 2. An adjustment to the costs of the public streets, roads, and pedestrian and bicycle facilities for past mitigation payments made by previous development on the property to pay for the same required transportation system improvements that would be covered by the transportation impact fee. The availability of other means of funding public street, road, pedestrian, and bicycle facility improvements; and ExhitA A - TMC Chapter 9.48, Transportation Impact Fees Version: 05/18/26 Staff, C. Knighton, H. Greenwood Page 2 of 8 4. The methods by which public streets, roads, and pedestrian and bicycle improvements are financed. 5. The current edition of the Institute of Transportation Engineers Trip Generation Manual and other city information, including, but not limited to, rate studies, 6. Information provided by the applicant and any publicly available information regarding the development. The City may request additional information in order to properly assess the transportation impact fee. B. Fees for development shall be calculated based on their net new "daily person trip" generation rates as determined by the Public Works Director, or designee. If the develop 'ent concerns an existing use on the same parcel, the fee shall be based on net -new trips generated by the development. C. Impact fees shall be collected only once for each development, unless changes or modifications to the development are proposed which result in greater impacts on transportation facilities than were considered when the development was first approved. § 9.48.050. Credit. A credit, not to exceed the transportation impact fee otherwise payable, shall be provided for the fair market value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer to facilities that are identified in the Transportation Impact Fee project list and that are required as a condition of approving the development. The determination of "value" shall be consistent with the assumptions and methodology used by the City Engineer in estimating the capital improvement costs. § 9.48.060. Adjustments. For developments with land uses not included in the Transportation Impact Fee Schedule, the amount of fee to be imposed on a particular development may be adjusted by the Public Works Director. The adjustment, if granted, will give consideration to studies and other data submitted by the developer demonstrating by clear and convincing evidence that an adjustment should be made in order to carry out the purposes of this chapter. A. The Public Works Director shall review the study to determine if the adjustment request: 1. Is based on the City's accepted impact fee assessment practices and methodologies; 2. Uses acceptable data sources and if 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 are qualified in their respective fields; and Exhibit A - TMC Chapter 9.48, Transportation Impact Fees Version: 05/18/26 Staff: C. Knighton, H. Greenwood Page 3 of 8 5. Shows the basis upon which the independent fee calculation was made. , In reviewing the study, the Public Works Director or designee may require the developer to submit additional or different documentation. C. If the developer has not demonstrated through clear and convincing evidence that an adjustment should be made, the developer shall pay the full transportation impact fee amount. § 9.48.070. Time of Payment of Transportation Impact Fees. Transportation impact fees shall be due and payable in full at the time of issuance of a building permit unless deferred pursuant to TMC 9.48.130. The fee paid shall be the amount calculated by the Public Works Director, or designee, including any adjustments made pursuant to TMC 9.48,060, as of the date the permit is issued. § 9.48.080. Establishment of Transportation Impact Fee Account. Transportation impact fees received pursuant to this chapter shall be dedicated revenues and retained in a special interest -bearing account. All interest shall be retained in the account and expended for the purpose or purposes for which the transportation impact fees were collected, § 9.48.090. Use of Transportation Impact Fees. A. Pursuant to this chapter, transportation impact fees shall be used for transportation facilities that will reasonably benefit the development. B. Transportation impact fees shall not be used to make up for existing deficiencies in City facilities, C. Transportation impact fees shall not be used for maintenance and operations, inc uding personnel. D. Transportation impact fees may 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 transportation systems and facilities, E. Transportation 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 transportation system improvements, transportation impact fees may be used to pay the debt service on such bonds. G. Transportation impact fees shall be expended or letter encumbered for a permissible use within ten years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than ten years. The Public Works Director may recommend to the Council that the City hold fees beyond ten years in cases when Exhibit A - TMC Chapter 9.48, Transportation Impact Fees Version: 05/18/26 Staff: C. Knighton, H. Greenwood Page 4 of 8 extraordinary or compelling reasons exist. Such reasons shall be identified in written findings by the Council. H. The Finance Director shall prepare an annual report on the transportation impact fee account showing the source and amount of all moneys collected, earned or received and projects that were financed in whole or in part by transportation impact fees. § 9.48.100. Plan and Fee Update. The transportation impact fee schedule may be updated annually by applying the Mortenson Construction Cost Index for Seattle. Once every two years, projects on the Transportation Impact Fee list may be updated to address changed conditions including, but not limited to, growth patterns, project costs, and grant funding, if any. Updates that result in a change in transportation impact fees will be reviewed by the City Council. Impact fee changes will only occur through a resolution requiring Council action, § 9.48.110. Refunds. A. A developer may request and shall receive a refund when the developer does not proceed with the development for which transportation impact fees were paid, and the developer shows that no impact has resulted. The developer must submit a request for a refund to the City in writing within one year of the expiration of the development permit as defined in TMC 9.50.020 or the building permit. Any transportation impact fees that are not expended or encumbered within the time limitations established, and for which no application for a refund has been made within a one-year period of the notice required by RCW 28.02.080 as amended, shall be retained and expended on any project identified in the Transportation Impact Fee Project List. C. In the event that transportation impact fees must be refunded for any reason, they shall be refunded with interest earned to the applicant. § 9.48.120. Appeals. A. Any fee payer seeking to appeal a transportation impact fee imposed by the City may file an appeal as provided in Chapters 18.104 and 18,116 TMC for Type 2 decisions. Any fee payer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit while an appeal under this section is pending. Should the appeal be successful, the City will refund any overpayment per TMC Section 9,48,110. § 9.48.130. Applicability. A. The transportation impact fees are calculated as set forth in the Citywide Consolidated Permit Fee Schedule. All development located within the City shall be charged a transportation impact fee, consistent with this chapter, provided that the following exemptions shall apply. B. The following shall be exempt from transportation impact fees: Exhibit A - TMC Chapter 9„48, Transportation Impact Fees Version: 05/18/26 Staff: C. Knighton, H. Greenwood Page 5 of 8 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 24 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new person -trips are generated and the use is not changed. Construction of an accessory residential structure, such as a garage, carport, shed or greenhouse, that does not generate additional person -trips. 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 same parcel. C. Construction of low-income housing units will reduce the transportation impact fee per the following fee reduction table. Impact fees for mixed -use or combined market rate and low-income development that includes low-income housing will be prorated based on the table below. 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% The developer must record a covenant per RCW 82.02.060(4) that prohibits using the property or the portion of the property that had reduced fees for any purpose other than for low-income housing at the original income limits on a form approved by the City Attorney. 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 the property owner must pay the City the applicable transportation impact fees in effect at the time of conversion. D. Change of Use or Occupancy. A change of use or occupancy that has less impact than the existing use shall not be assessed a transportation impact fee. E. A fee payer required to pay for system improvements pursuant to RCW 43.21C.060 shall not also be required to pay a transportation impact fee for the same improvements. F. An Early Learning Facility is exempt from paying 80 percent of the required Transportation Impact Fee, G. A fee payer is required to pay 50% of the transportation impact fee that is imposed for a single-family residence when constructing an accessory dwelling unit as defined in Exhibit A - TMC Chapter 9.48, Transportation Impact Fees Version: 05118126 Staff: C. Knighton, H. Greenwood Page 6 of 8 RCW 36.70A.696 as amended, § 9.48.140. Residential Transportation Impact Fee Deferral. A. Deferral Request Authorized. 1. Applicants for single-family attached or single-family detached residential building permits may request to defer payment of required transportation impact fees until the sooner of: a. Final inspection; or b. The closing of the first sale of the property occurring after the issuance of the applicable building permit; which request shall be granted so long as the requirements of this chapter are satisfied. B. Method of Request. 1. A request for transportation impact fee deferral shall be declared at the time of preliminary plat application (for platted development) or building permit application (for non -platted development) in writing on a form or forms provided by the City, along with applicable application fees. 2. Calculation of Transportation Impact Fees The a ount of transportation impact fees to be deferred under this chapter shall be determined as of the date the request for deferral is submitted. C. Deferral Term, 1. The term of a transportation impact fee deferral granted under this chapter may not exceed 18 months from the date the building permit is issued ("Deferral Term"). If the condition triggering payment of the deferred transportation impact fees does not occur prior to the expiration of the Deferral Term, then full payment of the transportation impact fees shall be due on the last date of the Deferral Term. D. Deferred Transportation Impact Fee Lien. 1, Applicant's Duty to Record Lien. An applicant requesting a deferral under this chapter must grant and record a deferred transportation impact fee lien, in an amount equal to the deferred transportation impact fees, against the property in favor of the City in accordance with the requirements of RCW 82,02.050(3)(c). 2 Satisfaction of Lien. Upon receipt of final payment of all deferred transportation impact fees for the property, the City shall execute a release of deferred transportation impact fee lien for the property. The property owner at the time of the release is responsible, at their own expense, for recording the lien release. E. Limitation on Deferrals. 1. The deferral entitlements allowed under this chapter shall be limited to the first 20 single-family residential construction building permits per applicant, as identified Exhibit A - TMC Chapter 9,48, Transportation Impact Fees Version: 05/18126 Staff C. Knighton, H. Greenwood Page 7 of 8 by contractor registration number or other unique identification number, per year. § 9.48.150. Authority Unimpaired. Nothing in this chapter shall preclude the City from requiring the fee payer to mitigate adverse and environmental effects of a specific development pursuant to the State Environmental Policy Act, Chapters 43.21C RCW or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with Chapters 43.21C and 82.02 RCW. § 9.48.160. Relationship to SEPA. A. All development shall be subject to environmental review pursuant to SEPA and other applicable City ordinances and regulations. B. Payment of the transportation impact fee pursuant to this chapter shall constitute satisfactory mitigation of those transportation impacts related to the specific improvements identified on the project list C. Further mitigation in addition to the transportation impact fee shall be required for identified adverse impacts, appropriate for mitigation pursuant to SEPA that are not mitigated by an impact fee. D. Nothing in this chapter shall be construed to limit the City's authority to deny development permits when a proposal would result in significant adverse transportation impacts identified in an environmental impact statement and reasonable mitigation measures are insufficient to mitigate the identified impact. § 9.48.170 Delegation. The Public Works Director shall be authorized to establish administrative rules and procedures for administering the transportation i pact fee program. The administrative rules and procedures shall include but not be limited to application forms, necessary submittal information, processing times, and calculation of transportation impact fees consistent with this chapter. Exhibit A - TMC Chapter 9.48, Transportation Impact Fees Version: 05/18/26 Staff: C. Knighton, Hi. Greenwood Page 8 of 8 Exhibit B CHAPTER 9.50 Concurrency Management §9.50.010. Purpose. §9.50.020. Definitions. §9.50.030. Transportation Concurrency Review. A.Timing. B.Procedures. §9.50.040. Review Criteria. §9.50.050. Transportation Concurrency for Phased Development and Rezones. §9.50.060. Development Accounted for in the Model. §9.50.080. Improvements to Transportation Facilities. §9.50.090. Capital Facilities Plan and Capital Improvement Program. §9.50.110. Administrative Rules and Procedures. §9.50.120. Appeals. §9.50.130. SEPA Exemption. City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2788. On June 15, 2026 the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: ORDINANCE 2788: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RELATING TO CONCURRENCY; REPEALING ORDINANCE NOS. 2111 AND 2635; REPEALING AND REPLACING CHAPTERS 9.48, "CONCURRENCY STANDARDS AND TRANSPORTATION IMPACT FEES", AND 9.50, "CONCURRENCY MANAGEMENT", OF THE TUKWILA MUNICIPAL CODE; UPDATING AND REVISING LANGUAGE TO REFLECT CHANGES IN STATE LAW AND THE CITY'S 2024 COMPREHENSIVE PLAN; AND ESTABLISHING AN EFFECTIVE DATE. The full text of these ordinances will be provided upon request. Jennifer Marshall, Acting City Clerk Published Seattle Times: June 18, 2026