HomeMy WebLinkAboutORD 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.
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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
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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;"
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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.
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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
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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)
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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,
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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
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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
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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
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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.
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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.
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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.
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ORDINANCE NO.4283
APprov~orm:~
Lawrence J.war~ity Attorney
Date of Publication:August 10,1990
ORD.131:6/20/90:as.
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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.
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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.
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