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Home My WebLink About4348 ORDINANCE NO. 4348 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Section 12.13.160 of the Kent City Code to adjust the school impact fee schedules (CPA-2019-1). RECITALS A. The City of Kent has adopted a school impact fee program as authorized by the State Growth Management Act (GMA) and RCW 82.02.050. B. Chapter 12.13 of the Kent City Code (KCC) requires that the Capital Facilities Plans of school districts be submitted to the City of Kent on an annual basis for City Council review, and that this review must occur in conjunction with any update of the Capital Facilities Element of the City's Comprehensive Plan. The City Council has reviewed the Capital Facilities Plans submitted by the school districts. C. The Kent, Federal Way, and Auburn School Districts have requested amendments to the text of Kent City Code to reflect proposed changes to impact fees. Highline School District has requested no impact fee for this year. 1 School Impact Fees - 2019-2020 D. On September 20, 2019, the City provided the required 60 day notification under RCW 36.70A.106 to the State of Washington of the City's proposed amendment to the Capital Facilities Element of the Comprehensive Plan and Chapter 12.13 of the KCC. The 60 day notice period has passed and by operation of law is deemed approved. E. After a public hearing before the City Council on October 15, 2019, the City Council on November 19, 2019, approved Comprehensive Plan Amendment CPA-2019-1 to include the Capital Facilities Plans of the Kent, Federal Way, Auburn and Highline School Districts, and changes to the Kent City Code to reflect impact fees as follows: (1) for the Kent School District, increasing the school impact fee for single-family units to $5,544, and for multifamily units to $2,345; (2) for the Federal Way School District, decreasing the school impact fee for single-family units to $5,035, and for multifamily units to $9,193; (3) for the Auburn School District, increasing the school impact fee for single-family units to $6,905, and increasing the school impact fee for multifamily units to $9,193; and (4) for the Highline School District, removing impact fees for single-family and multifamily units. F. In order to implement the new impact fee schedules referenced above, it is necessary to amend section 12.13.160 KCC. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 12.13.160 of the Kent City Code is hereby amended as follows: 2 School Impact Fees - 2019-2020 Sec. 12.13.160. Base fee schedule. The following fee shall be assessed for the indicated types of development: School Single-Family Multifamily Multifamily District Studio Kent, $Cif 5,554 $2,27-9 2,345 $0.00 No. 415 Federal $7,� 5035 $8,v-7 5 9,193 0.00 Way, No. 210 Auburn, $Cif 6,905 $4488 9,193 0.00 No. 408 Highline, $2,-573 0 $3,6460 0.00 No. 401 SECTION 2. - Amendment. Section 12.13.170 of the Kent City Code is hereby amended as follows: Sec. 12.13.170. Maximum allowable fees. School impact fees provided by this chapter shall be assessed based on the calculation set forth in KCC 12.13.140, unless they exceed a maximum allowable fee as set forth in this section. There shall be an increase in the maximum allowable fee each year by the same percentage as the percentage change in the previous calendar year's average monthly Engineering News Record (ENR) Seattle Area Construction Cost Index values, relative to the corresponding average monthly ENR Construction Cost Index values for the preceding year, as calculated from August 1st through July 30th. 3 School Impact Fees - 2019-2020 The maximum allowable fee is set at $9,021 8,591 for single-family dwelling units and a maximum of $9,193 8-,7-55 for multifamily dwelling units for 20204�9. SECTION 3, - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 4, - Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision will not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. - Effective Date. This ordinance shall take effect and be in force 30 days from and its passage, as provided by law. November 19, 2019 DANA RALPH, MA OR Date Approved ATTEST: s -V �.� �a 0) , November 19, 2019 KIMBERLEY KOMOTO, COPELERK Date Adopted November 22 19 Date Publishc1d`°� " ••,•I APPROVE T -FORM: ZPA R CK, CITY ATTORNEY • '• •....�•'�r 4 School Impact Fees - 2019-2020 STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Polly Shepherd, being first duly sworn on oath that she is the Publisher of the Kent - Covington Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Kent - Covington Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Kent - Covington Reporter(and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice (881426), a: Public Notice was published on November 22"d, 2019. Therfictl amo e fee charged for said foregoing publication is the sum of$542.99. .�o�M•EXao ti ' Polly Shepherd, Publisher, Kent - Covington Reporter 07:Z NOTARY N PUBLIC C' Subscri nd sworn to me this 22"d day of November, 2019. �T�. `� 10 O ale Gwin,Notary Public for the State of Washington, Residing in Covington,WA Classified Proof CITY OF KENT _ - - N0710E OF I j ORDINANCES PASSED BY THE CITY COUNCIL The following are sum- maries of ordinances passed by the Kent City Council on November 19,2019: ORDINANCE NO.4338 j AN ORDINANCE of the City Council of the City of Kent, Washing- ton,was adopted on No- vember 5, 2019, which granted Zayo Group, LLC, a 10-year non-ex- clusive telecommunica- tions franchise agree- ment; authorized the Mayor to sign all docu- ments necessary to im- plement the full terms of the negotiated agree- ment; and directed the City Clerk to publish no- tice of Council's grant of I this telecommunications franchise. A complete i copy of the Telecommu- nioations Franchise Agreement is available through the City Clerk's office, located at 220 I Fourth Avenue South in the City of Kent, or on- line at https:/Motu- 1 ments.kentwa.govf. i This ordinance,being an I exercise of a power spe- cifically delegated to the ' City's legislative body,is not subject to referen- dum. It shall be pub- lished and will take ef- fect 30 days after its passage. The Franchise Agreement, however, shall become effective only upon its acceptance by Zayo Group,LLC and execution by the Mayor. Should Zayo fail to time- ly file its written accep- tance of the Franchise Agreement,Zayo will be deemed to have rejected Classified Proof P and repudiated the Fran- chise Agreement and the franchise will be voidable by the City. ORDINANCE NO, 4339 AN ORDINANCE of the City Council of the City of Kent, Washing- ton, amending chapters 15.02 and 15.04 of the j Kent City Code relating to group homes, board- ing homes, short-term rentals and communal residences. This ordinance shall take effect and be in force 30 days from and after its passage,as provided by law. ORDINANCE NO. 4340 AN ORDINANCE of the City Council of the City of Kent, Washing- ton, amending sections 6.07.020 and 6.07.050 of the Kent City Code, regulating signage in the public right of way, and amending chapters 15,02 and 15.06 of the Kent City Code,regulat- ing signage generally Within the City. This ordinance shall take effect and be in force thirty days from and after its passage,as provided by law. ORDINANCE NO. 4341 AN ORDINANCE of the City Council of the City of Kent, Washing- ton, relating to local sales or use taxes; im- posing the maximum ca- pacity of the tax author- ized under the provisions of RCW 82.14.540 for affordable and supportive housing; amending Chapter 3.16 of the Kent City Code by adding a new section 3,16.035, entitled 'Additional sales or use tax for housing';and au- thorizing the Mayor to use the funds and pool resources with South King Housing and Homelessness Partners. This ordinance,pursuant to RCW 35A.11.090(7), shall take effect and be in force five days after its publication, as provided by law. ORDINANCE NO. 4342 - AN ORDINANCE of the City Council of the City of Kent, Washing- ton, amending chapters 3,18, 3.21, 3.26, 3.28 and 3.29, of the Kent City Code to consolidate administrative provisions for all taxes, align the City's S&O tax provi- sions with the model or- dinance, and add vari- ous clarifications. This ordinance shall take effect and be in force thirty days from and after its passage,as provided by law. The amend- ments to the Kent City Code herein, however, shall not be effective un- til January 1,2020. ORDINANCE NO. 4343 AN ORDINANCE of Classified Proof the Uty Uounci of the City of Kent; Washing_ ton, approving the coh- solidating budget adjust- j ments made between July 1, 2019 and Sep- tember 30,2019,reflect- ing an overall budget in- crease of$12,002,345. i This ordinance shall take effect and be in force five days after publica- tion,as provided by law. ORDINANCE NO. 43" AN ORDINANCE of the City Council of the City of Kent, Washing- ton, relating to the mid- biennial review and modification of the 2019- 2020 biennial budget as required by RCW 35A.34.130 and Ordi- nance No. 4230; adopt- ing certain modifications to the 2020 budget;and establishing an effective date. This ordinance shall take effect and be in force January 1, 2020, which is more than five days after its publication, as provided by law. ORDINANCE NO. 4345 AN ORDINANCE of the City Council of the City of Kent, Washing- ton,levying 2019 proper- ty taxes for the 2020 bi- ennial budget for the City of Kent. This ordinance shall take effect and be in force January 1, 2020, which is more than five days after its publication, as provided by law. ORDINANCE NO.4346 AN ORDINANCE of the City Council of the City of Kent, Washing- ton, amending the Kent Comprehensive Plan and its Capital Facilities Element to reflect a six- year plan for capital im- provement projects (2020-2025)(CPA-2019- This ordinance shall take effect and be in force 30 days from and after its Passage,as provided by law. ORDINANCE NO. 4347 - AN ORDINANCE of the City Council of the City of Kent, Washing- ton, amending the Kent Comprehensive Plan and its Capital Facilities Element to include the Capital Facilities Plans of the Kent, Federal Way, Auburn and High- line School Districts (CPA-2019-1). This ordinance will take effect and be in force 30 days from and after its passage,as provided by law. ORDINANCE NO. 4348 - AN ORDINANCE of the City Council of the City of Kent, Washing- ton, amending Section 12.13.160 of the Kent City Code to adjust the school impact fee sched- ules(CPA-2019-1). This ordinance shall take Classified Proof i eneCr ano De in rorce JV days from and after its passage,as provided by 1 law. f ORDINANCE NO.4349 AN ORDINANCE of the City Council of the E City of Kent, Washing- ton,providing for the ac- quisition by eminent do- main of teal property generally located on the north side of the Green { River and commonly known as 7641 S.259th St., which property is needed for the construc- tion of the Milwaukee II Levee Improvement Pro- ject.This ordinance pro- vides for the condemna- tion, appropriation, taking,and damaging of real property necessary for that project and pro- yides for the payment thereof out of the Mil- waukee 11 Levee Im- provement Project(Fund No. D20090). This ordi- nance also directs the City Attorney to prose- cute the appropriate le- gal condemnation pro- ceedings in King County Superior Court,to retain any legal counsel re- quired,and to enter into settlements,stipulations, I or other agreements as may be necessary. This ordinance shall take effect and be in force thirty days from and after its passage,as provided by law. ORDINANCE NO. 4360 - AN ORDINANCE of the City Council of the City of Kent. Washing- ton,providing for the ac- quisition by eminent do- main of real property generally located on the north side of the Green River, along S. .251st Street,west of Washing- ton Ave. S.,which prop- erty is needed for the construction of the Sig- nature Pointe Levee Im- provement Project. This ordinance provides for the condemnation, ap- propriation, taking, and damaging of real proper- ty necessary for that pro- ject and provides for the payment thereof out of the Signature Pointe Levee Improvement Pro- ject(Fund No. D20085). This ordinance also di- rects the City Attorney to prosecute the appropri- ate legal condemnation proceedings in King County Superior Court, to retain any legal coun- sel required, and to en- ter into settlements, stipulations, or other agreements as may be necessary. This ordinance shall take effect and be in force thirty days from and after its passage,as provided bylaw, A copy of the complete text of any ordinance will be mailed upon request of the City Clerk. Classified Proof E t NI IYCIIOy Cirt Clerk 1 omotona Ken M oaov 253 856-5725 Published in the Kent- Covington Reporter November 22, 2019. #881426