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HomeMy WebLinkAboutOrd 2219 - 2008 Fire Impact Fees (Repealed by Ord 2365)2365 Ordinance No. 2219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE ASSESSMENT OF FIRE IMPACT FEES ON NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to the Growth Management Act of the State of Washington and RCW 36.70A, the City of Tukwila has an adopted Comprehensive Plan, which includes provisions for fire protection facilities as part of its Capital Facilities Element; and WHEREAS, RCW 82.02.050 authorizes cities to impose impact fees on development activity as part of the financing for public facilities, including fire protection facilities; and WHEREAS, the Tukwila City Council desires to provide funding for fire protection facilities, as referenced in the Capital Facilities Element of the Comprehensive Plan, through the imposition of residential and non residential development impact fees beginning January 1, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings. The City Council finds and determines that new growth and development in the City creates additional demand and need for public fire protection facilities in the City, and the City Council finds that new growth and development should pay its proportionate share of the costs for new fire service facilities to serve new growth and development in the City. The City Council believes that this can be accomplished by the assessment of fire impact fees on new residential, commercial, and industrial development in the City. It is the Council's intent that the provisions of this ordinance be liberally construed in establishing the file impact fee program. Section 2. 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. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued 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. 3. "City" means the City of Tukwila, Washington, County of King. C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Fire Impact Fees.doc LV:ksn 12/10/2008 Page 1 of 6 4. "Development activity" means any construction of a building or structure that creates additional demand and need for fire safety facilities. 5. "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 fire impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of fire protective 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 fire capital facilities. 8. "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 new 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 fee, an application fee, and the administrative fee for collecting and handling fire impact fees or cost of reviewing independent fee calculations. 9. "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. 10. "Proportionate share" means that portion of the cost for fire facility improvements that are reasonably related to the service demands and needs of new development. 11. "Public facilities" means the following capital facilities owned or operated by governmental entities: (1) public streets and roads; (2) publicly owned parks and open spaces and recreational facilities; (3) school facilities; (4) fire protection facilities not part of a fire district; and (5) police facilities and essential public facilities as defined by Chapter 36.70A RCW. Section 3. 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. This will include the expansion of existing uses, which create the demand for fire protection services. 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. Section 4. Use of Fire Impact Fees. A. Pursuant to this ordinance, fire impact fees shall be used for fire facilities that will reasonably benefit the City and its residents. B. Fees shall not be used to make up deficiencies in City facilities serving an existing development. C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Fire Impact Fees.doc LV:ksn 12/10/2008 Page 2 of 6 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. Section 5. 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. Section 6. Fire Impact Fee Formula. 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, attached hereto and by this reference fully incorporated herein. Land Use Single family Multi- family Office Retail Industrial FIRE IMPACT FEE CALCULATIONS Section 7. Fire Impact Fee Adjustments. Impact Fee Per Residential Unit Per 1,000 Sq. Ft. GFA $922 $1,200 $1,624 $580 $127 A. The City may adjust a fire impact fee at the time the fee is imposed 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 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; C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Fire Impact Fees.doc LV:ksn 12/10/2008 Page 3 of 6 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 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. If an acceptable study is not presented, the developer shall pay the impact fees required prior to submitting the study. D. A developer requesting an adjustment or independent fee calculation may pay the impact fees imposed by this ordinance to obtain a building permit while the City determines whether to partially reimburse the developer by making an adjustment or accepting the independent fee calculation. Section 8. Credits. A fee payer can request that a credit, or credits, be awarded to the fee payer for the value of dedicated land, improvements to, or new construction of any system improvements provided by the developer to facilities that are identified in the Capital Facilities Plan and that are required by the City as a condition of approving the development activity. Section 9. 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 taken 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 of 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 taken 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 with an accompanying appeal fee as set forth in the existing fee schedule for land use decisions. Section 10. 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. C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Fire Impact Fees.doc LV:ksn 12/10/2008 Page 4 of 6 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. Section 11. 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 located in the City will 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 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; 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs; 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. Fiscal impact analysis of the effect of impact fees upon low- income housing and how exempting housing from impact fees would forward the goals for low- income housing in the City and King County; b. That adequate documentation be provided 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, that such housing will be sold or leased at affordable rates to low income households for a period of 10 years; and d. The impact fee for exempt development 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. The alteration, reconstruction, remodeling, or replacement of existing buildings or structures that meet the requirements of this subpart shall be exempt from the requirement to pay all impact fees. To qualify for this exemption, all of the following applicable requirements shall be met: a. For non residential structures, or the non- residential part of mixed -use structures, no additional gross floor area may be added. b. For residential structures, or the residential part of mixed -use structures, no additional housing units may be added. C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Fire Impact Fees.doc LV:ksn 12/10/2008 Page 5 of 6 c. For replacement structures, the structure being replaced shall have been demolished or moved outside the City of Tukwila. Section 12. Authority Unimpaired. Nothing in this ordinance shall preclude the City from requiring the fee payer to mitigate adverse and environmental affects 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 43.21C and 82.02 RCW. Section 13. 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 14. 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 at a Regular Meeting thereof this ATTEST AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED TO ORM BY: Office the Cit orney Attachments: Exhibit A Tukwila Fire Impact Fees, 2008 Exhibit B Fire Department Capital Facilities List THE CIT OF TUKWILA, WASHINGTON, day of I 0r 0r" Fes" 2008. aggerto or Filed with the City Clerk: 1 L' Uc}' Passed by the City Council:D0 rj' Published: i`- Effective Date: r, Ordinance Number: C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Fire Impact Fees.doc LV:ksn 12/10/2008 Page 6 of 6 TABLE 1. Tukwila Fire Impact Fee Calculation, 2008 (90% 10% split) Net Growth, 2008 -2020 I Impact Fee 2007 2007 Land Use Housing Employme Housing Building Employme Units -1 tit -2 Units 3 Area 4 nt 5 Single family 3,822 1 516 1 Multi family 4,107 2,384 Office 1 6,245 370,500 1,482 Retail I 20,384 1 2,418,000 4,836 Industrial 1 20,343 1 3,860,800 4,826 TOTALS 1 46,972 1 6,649,300 11,144 I. OFM numbers 2. PSRC 2007 Covered Employment Estimates 3. 43 SF du /yr: rest is MF from 2007 Buildable Lands Report 4. Retail 500gsf per emp; Office: 250gsf per emp; Industrial: 800gsf per emp; X emp growth 5. 90% of Buildable Lands Report estimates, at same %as 2007 employment TABLE 2. Tukwila Fire Service Demand Calculation, 2008 Land Use Single family Multi family Office Retail Industrial NET TOTAL Fire Dept. Land Use Categories Public Assembly Educational Health Care* Single family Apartments Boarding House Hotels Business Industrial Manufacturing Storage SUBTOTAL PERCENT OF SUBTOTAL 2007 Responses Incident Responses 619 866 445 1,039 362 3,332 18 27 159 224 0 102 441 12 57 81 1,133 13% 19% 10% 22% 8% 71% Based on Net Total 19% 26% 13% 31% 11% 100% Other 1,341 29% TOTAL 4,673 100% 100% 1,341 4,673 100% Note: The $5,831,550 capital cost is 90% of $6,479,500 (the growth related fire capital cost). TABLE 3. 2007 Incident Responses by Property Type Allocation to Impact Fee Categories IMPACT FEE CATEGORIES Fire Aid Total 12 1 42 54 30 90 460 570 2 203 590 2 47 163 2,199 48 117 619 794 2 305 1,031 14 104 244 3,332 EXHIBIT A Tukwila Fire Impact Fees, 2008 (90% impact fees; 10% city contribution) Proportion al Reallocatio n of "Other" 249 349 179 418 146 1,341 Single- Multi- family family 619 619 Revised 2007 Responses Incident Responses 868 1,215 625 1,458 508 4,673 70 794 2 866 Per Residential Unit $922 $1,200 48 47 351 445 Per GFA $1.62 $0.58 $0.13 Incident Responses per 1,000 Units 227 296 54 305 680 1,039 Per 1,000 Sq. Ft. GFA $1,624 $580 $127 Office Retail Industrial TOTAL 14 104 244 362 3,332 19% 26% 13% 31% 11% 100% Special Property 1 275 I 855 I 1,130 I I I I I I Unclassified I 148 1 63 1 211 1 1 1 1 1 SUBTOTAL 1 423 1 918 1 1,341 I I I I I 1 Reallocation of Special Property 249 349 179 418 146 1,341 Unclassified TOTAL INCIDENT RESPONSES BY 868 1,215 625 1,458 508 4,673 IMPACT FEE CATEGORY split 60% Multi- family, 40% Office (Redmond) split 34% Office, 66% Retail (2007 Tukwila) Increase in Annual Incident Responses due to Growth Incident Capital Costs Responses Incident Allocated by per 1,000 Responses Incident Employees Responses due to Growth 117 8% $475,668 705 49% $2,861,894 100.0 148 10% $601,536 71.5 346 24% $1,403,649 25.0 120 8% $488,804 1,437 100% $5,831,550 100% $5,831,550 Fire Department Capital Facilities List EXHIBIT B Canital Facility Cost 1. Construct/build relocated Station 51 5,000 gsf $2,000,000 addition due to new growth in TUC 2. Purchase aid car for Station 51 (new) $185,000 3. Purchase engine for Station 54 to replace aerial $750,000 ladder truck 4. Purchase land for relocated Station 52, if Station 51 $544,500 is relocated 5. Construct /build relocated Station 52, if Station 51 is $3,000,000 relocated 1 5,000 gsf building addition x $400 /psf building construction cost 2 '/2 acre site (21,780 sf) x $25 /psf land cost 3 7,500 gsf building x $400 /psf building construction cost TOTAL $6,479,500 C: \Documents and Settings\All Users \Desktop\Kelly\MSDATA \Ordinances \Fire Impact Fees Exhibit B Capital Facilities List.doc LV:ksn 12/4/2008 Page 1 of 1 SUMMARY OF Ordinance No. 2219 City of Tukwila, Washington On December 15, 2008 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2219, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE ASSESSMENT OF FIRE IMPACT FEES ON NEW RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL DEVELOPMENT IN THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on December 15, 2008. Christy O'Flaherlrj CMC, City Clerk c✓ Published Seattle Times: December 18, 2008