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HomeMy WebLinkAboutOrd 2242 - Traffic Impact FeesCity of Tukwila Washington Ordinance No. 2242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2111 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE 9.48.140, REGARDING CRITERIA FOR VESTING TO PREVIOUS TRAFFIC IMPACT FEES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2111, adopted on December 5, 2005, amended TMC Chapter 9.48, "Concurrency Standards and Transportation Impact Fees," to add a new Section 9.48.140, "Vesting," allowing applicants to be vested to the previous traffic impact fees if they meet one of the following three criteria: 1. Submitted a building permit application that the City has deemed complete, or 2. Entered into formal negotiations with the City for a specific project for a development agreement in accordance with RCW 36.70B.170 through 36.70B.210, or 3. Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees; and WHEREAS, TMC 9.48.140(2) was included in anticipation of the City concluding negotiations for development agreements that were in process at the time; and WHEREAS, development agreements that were then pending have now been concluded; and WHEREAS, the City Council believes there is no further reason to include this criterion in determining vesting to the previous schedule of traffic impact fees, and the ordinance should be amended to remove TMC 9.48.140(2); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance Amended. Ordinance No. 2111, as codified at TMC 9.48.140, is hereby amended to read as follows: 9.48.140 Vesting. Applicants shall be vested under the laws, rules and other regulations in effect prior to the effective date of this ordinance if they have, prior to the effective date of this ordinance: 1. Submitted a building permit application that the City has deemed complete, or 2 Have a signed agreement that is still in effect with the City addressing traffic concurrency and impact fees. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or federal law or regulation, such decision or pre- W: \Word Processing \Ordinances \Tukwila South Traffic Impact Fees Amend.doc LV:ksn 06/10/2009 Page 1 of 2 emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 6 t4 day of (-IA) e_ 2009. ATTEST AUTHENTICATED: C1 r 6 Fi g s 1 Christy O'FlaWerty, CMC, City C1rk APPROVED AS T Office h City )MBY: W:\ Word Processing \Ordinances \Tukwila South Traffic Impact Fees Amend.doc LV:ksn 06/10/2009 Ji aggertor�� �a�y Filed with the City Clerk: (c _,O -Cf7 Passed by the City Council: i -0 9 Published: It? Effective Date: �n O c Ordinance Number: Page 2 of 2 SUMMARY OF Ordinance No. 2242 City of Tukwila, Washington On June 15, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2242, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2111 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE 9.48.140, REGARDING CRITERIA FOR VESTING TO PREVIOUS TRAFFIC IMPACT FEES; 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 June 15, 2009. Published Seattle Times: June 18, 2009. Christy O Iaherty /CM, City Clerk '1