Loading...
HomeMy WebLinkAboutOrd 2220 - Parks Impact Fees (Repealed by Ord 2366)2366 Ordinance No. 2220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING THE ASSESSMENT OF PARKS IMPACT FEES ON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 parks 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 parks facilities; and WHEREAS, the Tukwila City Council desires to provide funding for parks 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 parks facilities in the City, and the City Council finds that new growth and development should pay its proportionate share of the costs for new parks facilities to serve new growth and development in the City. The City Council believes that this can be accomplished by the assessment of parks 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 parks 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. 4. "Development activity" means any construction of a building or structure that creates additional demand and need for parks facilities. C: Documents and Settings \A11 Users\ Desktop \Kelly\ MSD AT A Or finances Parks Impact Fees.doc LV:ksn 12/10/2008 Page 1 of 6 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 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. 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 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 fee, an application fee, and the administrative fee for collecting and handling parks 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 parks 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. 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. This will include the expansion of existing uses, which create the demand for parks services. 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. Section 4. Use of Parks Impact Fees. A. Pursuant to this ordinance, parks impact fees shall be used for parks 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. Fees shall not be used for maintenance and operations, including personnel. C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Parks Impact Fees.doc LV:ksn 12/10/2008 Page 2 of 6 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. Section 5. 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. Section 6. Parks Impact Fee Formula. 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, attached hereto and by this reference fully incorporated herein. Land Use Single Family Multi- Family Office Retail Industrial PARKS IMPACT FEE CALCULATIONS Impact Fee Per Residential Unit Per 1,000 Sq. Ft. GFA $1,426 $1,398 $837 $419 $262 Section 7. Parks Impact Fee Adjustments. A. The City may adjust a parks 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 Director of Parks and Recreation, who shall review the study to determine that the study: C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Parks Impact Fees.doc LV:ksn 12/10/2008 Page 3 of 6 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 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 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 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 parks 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 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 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: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Parks Impact Fees.doc LV:ksn 12/10/2008 Page 4 of 6 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. Section 11. 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 located in the City will 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 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 parks 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: C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Parks Impact Fees.doc LV:ksn 12/10/2008 Page 5 of 6 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 structures, no additional housing units may be added. c. For replacement structures, the structure being replaced 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 THE CITY -OF TUKWI A, WASHINGTON, at a Regular Meeting thereof this 1 C,T day of DO r' O rrâ–º 2 f' 2008. ATTEST/ UTHENTICATED. Cr7 i91 APPROVE Offer the Cit A Christy O'FlaWerty, City Clerk ORM BY: aggert Filed with the City Clerk:__I Passed by the City Council: Published: Effective Date: Ordinance Number: Attachment: Tukwila Parks Impact Fees, 2008, Exhibit A Tukwila Parks Capital Facilities List, Exhibit B C: \Documents and Settings \All Users Desktop Kelly \MSDATA Ordinances \Parks Impact Fees.doc LV:ksn 12/10/2008 mixed -use shall have rl rP c) <(D Page 6 of 6 TABLE 1: 2008 Park Impact Fee Calculations (80% 20% split) Land Use Single- famihv 1 3,822 4,338 1 Multi family 1 4,107 6,491 1 Office 1 6,245 1,561,250 1 7,727 1,931,750 Retail 1 20,384 10,192,000 1 25,220 12,610,000 Industrial 20,343 16,274,400 25,169 20,135,200 TOTALS 7,929 46,972 28,027,650 10,829 58,116 34,676,950 1. OFM 2. PSRC 2007 C'overed Emplooyment Estimates 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 6. Tukwila Resident /Non- Tukwila resident breakdown based on 2000 census data 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 Single family Multi- famiIv Office Retail Industrial TOTALS Land Use Single family Multi family Office Retail Industrial TOTALS 2007 2007 2007 Building 2020 Housing 2020 2020 Building Housing Employment Area -3 Units Employme Area Units -1 2 nt Net Growth, 2008 2020 Housing Employment Building Area Employment: Employme Units 4 5 3 Tukwila nt: Non Residents Tukwila 9% 6 Residents 91% 6 516 2,384 2,900 1,482 4,836 4,826 11,144 370,500 2,418,000 3,860,800 6,649,300 2.54 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 EXHIBIT A Tukwila Parks Impact Fees, 2008 (80% impact fees; 20% city contribution) 133 435 434 1,003 1,349 4,401 4,392 10,141 Impact Fee Persons Use Ratio Total Use by '%o Use by Cost Per Housing Per 1,000 Rounded per Between Land Use Land Use Allocation Unit GFA Housing Residents/ Category Category Unit Employees 1 1.49% 52.06% 4.85% 15.82% 15.78% 100.00% $735,607 $3,331,715 $310,214 $1,012,279 $1,010,185 $6,400,000 $1,425.59 $1,397.53 $837.29 $418.64 $261.65 $1,426 $1,398 $837 $419 $262 Tukwila Parks Capital Facilities List EXHIBIT B Project List Impact Fees 2009 to 2015 Project Cost Duwamish Riverbend Hill Develop Phase II 2,000,000 Trail Connections Green River Trail to Renton 500,000 Black/Cedar River Trail Tukwila Pond Development Phase IV 3,000,000 City of Tukwila Pool [Extend land lease]; expand features 500,000 and services TOD Pedestrian Bridge Sounder Connection 2,000,000 Total $8,000,000 SUMMARY OF Ordinance No. 2220 City of Tukwila, Washington On December 15, 2008 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2220, 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 PARKS 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. (1 l Christy O'Flahe"rty, CMC, City Clef Published Seattle Times: December 18, 2008