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HomeMy WebLinkAboutOrdinance 4283CITY OF RENTON,WASHINGTON SUMMARY OF ORDINANCE NO.4283 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON ESTABLISHING A JOINT PUBLIC AND PRIVATE TRANSPORTATION IMPROVEMENT PROGRAM FOR THE AREA SOUTH OF 1-405 AND WEST OF SR 167 (THE VALLEY FREEWAY). SECTION I.This ordinance creates a program for the joint public and private financing of transportation improvements within the area located south of 1-405 and west of SR-167 (The Valley Freeway).The ordinance also creates a mechanism to charge and shares. collect fees from new development to share,with the public,the capital cost of off-site transportation improvements while ensuring that local government pays its fair share of the capital costs.The ordinance defines the transportation capital improvements to be constructed,estimates costs,and defines the public and private The ordinance imposes a traffic impact fee on new development,provides a method of calculating that impact fee,and establishes a system of credits.A special fund is also created into which fees collected under this program will be paid and then used to finance capital transportation improvements. SECTION II.A full text of this ordinance will be mailed, without charge,upon request to the City Clerk. Date of Publication:August 10,1990 ORO.157-7/23/90-as. 1 CITY OF RENTON,WASHINGTON ORDINANCE NO.4283 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON ESTABLISHING A JOINT PUBLIC AND PRIVATE TRANSPORTATION IMPROVEMENT PROGRAM FOR THE AREA SOUTH OF 1-405 AND WEST OF SR 167 (THE VALLEY FREEWAY). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RENTON AS FOLLOWS: SECTION I.Authority and Purpose. a)This ordinance is enacted pursuant to the Local Transportation Act,Laws of 1988,Ch.179,RCW Ch.39.92.It is the purpose of this ordinance to: 1)Develop a program consistent with the City land use plan for joint public and private financing of transportation improvements necessitated in whole or in part by development in this jurisdiction; 2)Create a mechanism to charge and collect fees from new development to cover the share of the capital cost of off-site transportation improvements directly necessitated by the new development; 3)Ensure that local government pays its fair share of the capital cost of transportation improvements necessitated by public use of the roadway network;and 4)Ensure fair collection and administration of such impact fees. b)This ordinance supplements existing authority and responsibility to regulate development and provide public facilities.This ordinance does not supplant the requirements of 1 environmental review and mitigation under the State Environmental Policy Act ("SEPA") .However,it is intended that any traffic impact fees paid in accordance with the joint transportation program established by this ordinance shall be considered partial or complete traffic mitigation under SEPA. C)This ordinance is intended to implement the Valley Transportation Plan which has been negotiated between the City of Renton and valley property owners and developers.The Valley Transportation Program has been adopted as a policy under the State Environmental Policy Act by Resolution No.2807 The Valley Transportation Plan is incorporated into this document as if fully, set forth and is attached hereto as Appendix "B." SECTION II.Geographic Scope of Program. The boundaries of the program established under this ordinance are that area south of 1-405,east of the westerly city limits, north of S.W.43rd (S.1BOth),and west of SR 167 (the Valley Freeway). SECTION III.Definitions. a)The following definitions in RCW 39.92.020 are adopted by reference: l)"Developer;" 2)"Development;" 3)"Direct result of the proposed development;" 4)"Local government;" 5)"Off-site transportation improvements;" 6)"Transportation impact fee;" 2 ORDINANCE NO.42~~ 7)"Fair market value." b)In addition,the following terms shall have the meaning described below: 1)"Transportation capital improvements II mean to the transportation system in this jurisdiction, without limitation,roads,bridges,overpasses, curbs,turn lanes,traffic signals,traffic signs,bus improvements including, sidewalks, lanes and bus shelters. 2)"Department"means the Public Works Department,which is responsible for administering this joint transportation program. 3)-Level of Service (LOS)"means a qualitative measure of traffic congestion along a roadway or at an intersection identified by a declining letter scale from A to F as calculated by the methodology contained in the 1985 Highway Capacity Manual Special Report 209 provided by the Transportation Research Board or another method receiving prior approval by the Department.LOS "A" indicates no delay,descending to LOS "F"for jammed conditions or extensive delays. 4)"Forecast LOS"means a calculation that includes existing traffic,the traffic anticipated to be generated by developments granted permits by the City and the anticipated traffic from the subject development.The forecast LOS shall project traffic generation for a period six y~ars from the date the calculation is made. 3 ORDINANCE NO.4£~3 5)NOn-site transportation improvements"means transportation capital improvements that serve the transportation needs of only one development. 6)"Transportation Management Systems (TMS)"means low- cost,noncapital actions that are designed to increase the efficiency of existing capital transportation facilities.This includes,without limitation,transit and/or ride sharing measures to decrease single occupancy vehicle trips and transit subsidies. SECTION IV.Projects List and Public/private Share. a)The following transportation capital improvements, estimated costs,and public and private shares are included in this joint transportation improvement program:See attached as Appendix A"and incorporated herein as if fully set forth.It is the intention of the City of Renton to finance and construct these improvements under two separate local improvement districts,all as more particularly described in the Valley Transportation Plan. b)The estimated cost of constructing the above improvements shall be reviewed annually,at which time adjustments shall be made if necessitated by increases in estimated construction costs. SECTION V.Level of Service.The following Level of Service (LOS)standard shall apply to all transportation capital improvements identified above:A calculated LOS C shall be considered adequate.A calculated LOS D shall be considered undesirable but tolerable.A calculated LOS E or worse shall be considered inadequate.Should the City of Renton establish a general level of service policy and that policy allows a more 4 UHD~NANCE NU.4~~J intensive level of service,then the general level of service policy shall prevail in any instances in which it is in conflict with this section. SECTION VI.Costs. a)The City of Renton has chosen to develop the Transportation Capital Improvements in two phases.The second phase of the improvements will not be commenced until certain levels of traffic,development,and congestion have been reached in the areas included within this program.It is planned that the first phase of the improvements will be constructed under a local improvement district referred to as LID NO.1,and that the second phase will be constructed under a local improvement district referred to as LID No.2.The details as to when Phase II can commence are included within the Valley Transportation Plan adopted by the Renton City Council pursuant to Resolution No.2807 Th~following sources are projected to provide the public share of funding for the transportation capital improvements included in Phase I (LID No.1) of this program. l.Slue sources Firsl Year S 4.450.000 Second Year Third Year Fourtll Year Fifth Year Lind Avenue overpass plus S.W.43rd Loop Ramp) Funds already spent or commilled) 5 2.General re-'enues $4.000.000 ORDINANCE NO.4283 Oake5dale undercrossing plus Lind Avenue approach) Funds already expended) Included within the Phase II improvements will be the following proposed funding sources,which will fund the public share in the Phase II improvements. I.County road fund $836,250 one·half OakUdale from ~lonster Road to SR 9(0) 2.Cit)'of Kenl $1"';88.525 one·balf of Oakesdale and Lind from S.W.·Brd to ~51 Valle)') 3.Cily of Tukwila $2.917.500 one-baJrof S.W.27th from Oakesdale 10 West Valley) 4.General revenuu S 5,2-12.275 SECTION VII. Includes general fund mOne)'s.rederal monies.Stale gas tax.SHeel utilities and mitigation feu from the ~Ionster Road area.The city may also choose 10 impose local Option taxes or s.eJJ municipal bonds to generate additional funds.) S.Olher local oplion taxes, 6.Bond proceeds. Imposition of Traffic Impact Fee. a)Any developer who,after the effective date of this ordinance,applies for a building permit,short plat,or subdivision for a development that will generate additional traffic shall pay a traffic impact fee in accordance with the provisions of this ordinance. b)No building permit for any activity requiring payment of a traffic impact fee shall be issued,nor subdivision,short subdivision,or plat finally approved, 6 unless and until the ORDINANCE NO.4283 developer has paid the required traffic impact fee in full or has agreed to pay by installment with interest at the rate of ten percent (10%)over a period of five (5)years with appropriate security.If the developer of a residential subdivision or short plat elects to pay the fee on the date a building permit is obtained,the option to pay the impact fee by installment is deemed to have been waived by the developer and any successor.No transportation impact fee will be imposed on the development when mitigation of the same off-site transportation impacts for the development is being required by any other government agency under any other local,state,or federal law. SECTION VIII.Calculating Impact Fees. a)The Department shall determine the impact fee per unit of development according to the following table: TRIP FEES Industrial/ Warehouse Office Shopping Center Convenience Retail (under 100,000 Sq.ft.) Cost per Building Sq.Ft. 22 $.46 $.74 $1.86 b)A developer may prepare and submit to the Department an independent fee calculation study for the land development activity for which approval is sought,showing that such study covers the traffic impacts of the proposed development.The independent fee calculation study shall follow methodologies and formats approved by the Department.The traffic 7 engineering and/or economic ORDINANCE NO.4283 documentation submitted,which will require a preapplication meeting with the Department,shall show the basis upon which the independent fee calculation was made.If the department determines that the independent fee calculation study is a better measure of the traffic impacts of the proposed development than the trip fee schedule,then it may accept that study and levy fees based upon it. c)The credits to be given the developer in determining the impact fee amount under either subsections (a)or (b)above include 1)the fair market value of off-site land and improvements dedicated to the City;(2)the developer's cost of constructing improved transportation facilities dedicated to the City;(3)local improvement district (LID)assessments for the same improvements but participation in LID .1 or LID #2 of the Valley Transportation Program shall not be considered for credits to the transportation impact fee because payment of such fees will be used to reduce by an amount up to fifty percent of the principal,the LID assessments for LID No.1 and,in arriving at the impact fee amounts,participation in LID's Nos.1 and 2 have already been taken into account;and (4) a credit for the cost of participation in a Transportation Management System.If the value of the credits exceeds the amount of the transportation impact fee obligation,the developer is entitled to reimbursement from transportation impact fees paid by later developers within the plan area.No credit shall be given for on-site improvements. d)Payment of the transportation impact fee entitles the developer and its successors or assigns a credit against any other 8 ORDINANCE NO.4283 fee or assessment made specifically by the City for the designated off-site transportation improvements covered by the fee paid. e)The Department has authority to increase fees annually to reflect increases in the cost of constructing the improvements in the manner described in the Valley Transportation Plan.The fee increase shall be no more than the amount reasonably necessary to cover such costs,and shall apply only to developer applications received after the date of such increase. f)The transportation impact fee may be adjusted at the time the fee is imposed to consider unusual circumstances and to ensure that the impact fees are imposed fairly and equitably.In adjusting the fee the appropriate administrative officer of the City of Renton shall justify such adjustment,in writing,stating the reasons why fairness and equity will be served by adjusting the fee and further analyzing the adjustment to ensure that the adjustment does not violate sound legal,planning or engineering principles. SECTION IX.Determination and Collection of Fees. a)The Department shall determine the amount of the impact fees no later than thirty (30)days after the Department receives a complete building permit or subdivision application.The amount of the determination may be changed if the building plans or transportation elements are changed during the application and review process. b)The Department shall collect impact fees at the time it issues a certificate of occupancy for the project,or,in the case of residential subdivisions or short plats,at the time of final 9 ORDINANCE NO.4283 plat approval.The developer may choose to pay the entire fee in a lump sum or pay in equal monthly installments,but the payment period may not be less than 60 months.The developer may pay in installments only if the developer first executes a promissory note to the City for the total unpaid amount,and provides additional security in the form of a deed of trust,surety bond,assignment of funds,or irrevocable letter of credit.If the developer chooses to pay the fee in installments,interest shall be charged on the unpaid balance at the rate described above. C)No transportation impact fees will be collected for any off-site transportation improvement that cannot reasonably be carried out because of a lack of public funds or other foreseeable impediment not caused by the developer. SECTION X.Transportation Impact Fee Capital Improvement Fund Established. a)There is hereby established a capital improvement fund Fund")for fees collected under this program.The Department shall manage the Fund in accordance with the principles set forth in Chapter 39.92 RCW. b)All fees collected for a particular development shall be used in substantial part to finance capital transportation improvements directly impacted by such development.Fees paid toward more than one transportation improvement may be pooled and spent on anyone of the improvements mitigating the impact of the development. 10 SECTION XI. ORDINANCE NO.4283 Refund of Fees Paid. a)If a building permit expires and no construction has commenced,then the developer shall be entitled to a refund of the impact fees paid. b)All fees not spent,obligated or encumbered within six years of collection for the projects eligible for expenditure with such fees shall be refunded to the property owner of record at the time the refund is due. C)The Department may draw on the Fund to pay for administration of the Fund in an amount not to exceed 5%of the fund,including costs associated with calculating the impact fee. All interest earned by the Fund shall be used by the City for the costs of the program. d)The Hearing Examiner shall hear appeals arising from imposition of the impact fees.If a developer wishes to appeal the amount of the impact fee or any element thereof,it must file an appeal with the Hearing Examiner within twenty (20)days of the date the fee is actually determined.The Examiner shall hold a hearing according to the general administrative hearing procedures set forth in the City code.The Hearing Examiner must issue written findings of fact and conclusions of law within fifteen (15)days of the hearing.The Hearing Examiner's decision is final and b~nding.Any party aggrieved by the Hearing Examiner's decision may appeal to superior court.Such appeals must be filed within 20 days of the Hearing Examiner's decision. 11 ORDINANCE NO.4283 e)Payments of transportation impact fees made under the interim Valley Transportation Plan will be refunded upon the formation and funding of LID No.1.Those refunds will be made to the extent that the mitigation that those payments represent can be accomplished under LID No.1 and to the extent that the city may lawfully include that mitigation and those funds in LID No.1.Any refund under this section would obligate the party receiving the refund to pay assessments established by the City Council for the LID. SECTION XII.Severability. If any part of this ordinance is found to be invalid,that finding shall not affect the validity of any remaining part of this ordinance. SECTION XIII.This Ordinance shall be effective upon its passage,approval,and thirty days after its publication. PASSED BY THE CITY COUNCIL this 6th day of ~ugust , 1990. Clerk APPROVED BY THE MAYOR this 6th day of __A_ug~u_s_t _ 1990. 12 ORDINANCE NO.4283 APprov~orm:~ Lawrence J.war~ity Attorney Date of Publication:August 10,1990 ORD.131:6/20/90:as. 13 APPENDIX "A" All eml eStimates arc based upon conceplual projects and may rise:significanll)'.Property owners'shares are limiled to the amount shown in this document wilh allowances for inflation as described in the document.Any additional COSIS will be paid from public funds. PHASE I (UD No.I) Privaft Share Projeci Cosl Estimate Public Share Priule Share LID De,-clopmcnt Fcc Oakesdale A~'cnue from Grad)'Way 10 S.W.161h Street;S ".-n-l,OOO Oakesdale A"cnue from S.W.161h Slreet 10 S,W.271h SIr«l:S ".575.000 Oakesdale Avenue from S.W.27th Street 10 S.W.31s1 SUCCI:S 1,469.000 Lind Avenue from Grady Way 10 S.W.161h Slreet S HlOO.OOO Preliminary Design Report for the improvements 10 be included in LID '2:S -100.000 S.W.HTd Slreet Loop toSR 167:S 970,000 TOlal:515,8-18,000 S 8..n4.000 S 3.707.000 S 3,707.000 PHASE II (LID No.2) Phase II improvementS to be ronstrl,lcted pursuant to Valle}'Transponation FoliC)'only after thc OCCl,lrrence of CCrlain traffic voll,lmes,development.and/or ]e"cls o(congeslion. CO~I ESlimate in 1988 Dollars) S.W.27th SUCCi from Oakesdalc A"enuc 10 WcSt Valley; Oakesdale Avenue (rom S.W.43rdSlrcetI0 EUI Valle}'; Lind Avcnlle from S.\II.43rd SIl'~Cl to S 5.835.000 S 2.154,180 East Valley Highway: Oakesdale Avenue from Monster Road 10 SR 900: TOlal: S 822.870 S 1.672.500 510.-18-1.550 S 7.235.983 one-Ihird not 10 exceed S 2.333.500 APPENDIX "B" CITY OF RENTON,WASHINGTON RESOLUTION NO.2807 A RESOLUTION OF THE CITY OF RENTON,WASHINGTON,ADOPTING THE VALLEY TRANSPORTATION PLAN AS A SEPA POLICY. WHEREAS,the area bounded by 1-405,State Route 167,S.W.43rd Street and the east city limits of Renton is commonly known as the Renton Valley;and WHEREAS,the Renton Valley is zoned for office,commercial,and industrial uses;and WHEREAS,the projected office,industrial,and commercial businesses in the Renton Valley are expected to employ a substantial number of people in the future;and WHEREAS,the transportation system was believed to be inadequate to support the projected business and employees;and WHEREAS,CH2M Hill was commissioned to analyze the future traffic and transportation needs in the Renton Valley and TRANSPO was likewise commissioned to perform a similar analysis;and WHEREAS,CH2M Hill and TRANSPO produced studies which outlined the transportation deficiencies in the Renton Valley and proposed certain improvements in alternative financing mechanisms;and WHEREAS,the city staff and property owners have been meeting regularly to discuss the improvements discussed in the valley Transportation Program. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON DO RESOLVE AS FOLLOWS: SECTION I.The above recitals are hereby found to be true and correct in all respects. 1 SECTION II. APPENDIX "8" RESOLUTION NO.2807 Commercial development in the Renton valley has created a compelling need for transportation improvements which must be met to avoid environmental degradation. SECTION III.The Valley Transportation Program is hereby adopted as a SEPA policy of the City of Renton.It shall be a SEPA policy of the City of Renton that all new development in the Renton Valley shall participate in the cost of constructing certain improvements as defined in the Valley Transportation Program. SECTION IV.The administrative staff is authorized and directed to apply the Mitigation Fee Policy in an equitable manner, to negotiate fees under this policy in a manner that utilizes sound engineering and legal principles,and to coordinate and cooperate with the developers and property owners in utilizing sound planning and engineering practices which reduce daily trips and thereby reduce the need for transportation mitigation. PASSED BY THE CITY COUNCIL this 23rd day of __~J~u~l~y __ 1990. Clerk APPROVED BY THE MAYOR this 23rd day of --=J:..::u=l:Ly _ 1990. APprov"C0rm:~ Lawrence J.war~ity Attorney RES.72:7/16/90:as. 2