HomeMy WebLinkAbout4398ORDINANCE NO. 4398
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter L2'04
of the Kent City Code to revise recreation facility
requirements for subdivisions of 20 or more
dwelling units, amending section 15'09'045 of the
Kent City Code to incorporate design and
construction guidelines for open and recreation
space, and creating Chapter L2't6 to the Kent City
Code to impose park impact fees on development
activities.
RECITALS
A. The City of Kent is a growing city with increasing demands for
park and recreation facilities. One of the potential revenue sources to fund
these increasing demands is impact fees' These fees help the City to
recover the costs of providing services to growth in an equitable manner'
B. Pursuant to RCW 82.02'050, impact fees may only be
collected and spent for the public facilities which are addressed by a capital
facilities plan element of a comprehensive land use plan. To satisfy this
requirement, in 202I, the City amended the Kent Comprehensive Plan and
its Capital Facilities Element to incorporate an updated Park Project List.
Amend KCC 72.04, 75'O9; add
KCC 72.76 - Ret Park ImPact Fees and
Recreat io n a I Faci I ities
1
c. In 2020, the City contracted with FCS GROUP to perform a
park impact fee study that would calculate park impact fees in accordance
with Chapter 82.02 RCW.
D, The park impact fee study utilizes a methodology for
calculating park impact fees which incorporates, among other things, all of
the requirements of RCW 82.02.060(1). This ordinance incorporates this
park impact fee by reference.
E. Open and recreation space is required in subdivisions and
most multifamily projects to provide Kent residents with convenient
opportunities for passive and active outdoor recreation' While they
effectively provide minimum space and location requirements, the
standards for designing these spaces lack detail, which frustrates project
designers and City staff and often results in construction of park facilities
of poor quality or diminished utility. Further, many developers choose to
place recreation facilities atop underground stormwater vaults, which were
not previously allowed by the City, posing new design challenges that were
not considered in the current standards'
F. The amendments provided in this ordinance are is intended to
create clearer guidance for City staff and project designers, respond to
changes in stormwater facilities design, and improve the value and utility
of open and recreation spaces for Kent residents' The proposed
amendment is the result of guidance received from Kent Parks and
Recreation staff, Master Builders Association representatives, and the Land
Use and Planning Board.
Amend KCC 72.04, 75'09; add
KCC 72.76 - Re: Park ImPact Fees and
Recreat io n a I Fa c i I ities
2
G. Because the new park impact fee will impose additional costs
for new development, this amendment also intends to offset some of those
costs by increasing the size of subdivision projects required to construct
on-site recreation facilities and decreasing the amount of recreation space
required per lot. It also amends the related provisions fpr payment of a fee
in-lieu of providing onsite recreation facilities in subdivisions to remain
consistent with the proposed increase in project thresholds and generally
clarifies that the in-lieu fee option is appropriate only where a development
has safe and easy access to a public park.
H. The City's SEPA responsible official issued a Determination of
Nonsignificance on for the proposed amendments on February 26,2O2I'
L On February 5,2O2L, pursuant to RCW 36,70A.106, a request
for expedited review was sent to the Washington State Department of
Commerce. On February 22, 2O2t, the City was granted expedited review'
No comments were received.
J. On October L2,202O, the Land Use and Planning Board held a
meeting to discuss the proposed code amendments regarding recreation
facilities. On January LI, 2021, the Board held a meeting to discuss
amending the Kent Comprehensive Plan and its Park's Capital Facilities
Element to include an updated Parks Capital Project List in order to
facilitate the assessment of park impact fees. After appropriate public
notice, on February 22, 2OZI, a public hearing was held before the Land
Use and Planning Board, which recommended the City Council adopt the
park impact fee and code amendments as presented by staff.
Amend KCC 72.04, 75.O9; add
KCC 72,76 - Ret Park ImPact Fees and
Recreatio n a I Fac i I it ies
3
K. On March g, 202L, the city council's committee of the whole
considered the recommendation of the Board.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
'ECTION
7. - Amendment - KCC 12.04.060. Section 12.04.060 0f
the Kent City Code, entitled "Onsite recreation and open space
requirements," is amended as follows
Sec. 12.04.060. Onsite recreation and open space
requirements.
A, Approval of all subdivisions
dwelling units located in single-family residential zones as defined in KCC
Title 15, Zoning, and approval of all single-family subdivisions of 20 or
hall be
contingent upon the subdivider's creation and development of onsite
recreation space or paying approved fees in lieu of these provisions to the
city, as necessary to mitigate the adverse effects of development upon the
existing park and recreation service levels. This requirement shall not
apply to (1) dwelling units on lots being created that include 43'560
square feet or more, (2) developments of less than 20 dwellinq units and
(23) planned unit develoPments.
B. When required, residential subdivisions and short subdivisions shall
provide recreation space for leisure, PldY, and sport activities as follows:
45e 180 square feet per dwelling unit.
Amend KCC 72.04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreationa I Faci I ities
4
C. Recreation space shall be placed in a designated recreation space
tract or tracts. The tract(s) shall be owned by a homeowners' association
or other workable organization acceptable to the planning manager to
provide continued maintenance of the recreation space tract.
D. Recreation space located outdoors and @
traetr-developed to comply with in a€eordanee with his
section shall:
1. Be of a grade and surface suitable for recreation
improvements and have a maximum grade of five percent or as otherwise
approved by the planning manager and parks and community services
director;
2. Be on the site of the proposed development unless otherwise
approved by the planning manager and parks and community services
director;
3, Be located in an area where the topograPhY, soils, hydrology,
and other physical characteristics are of such quality as to create a flat,
dry, obstacle-free space in a configuration which allows for passive and
active recreation;
4. Be centrally located or accessible and convenient to the
majority of residents within the development;
5. Have good visibility from str€€ts.---?ftd-sidewalks and
neighboring residences;
Amend KCC 72.04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Rec reatio n a I Fa ci I ities
5
6. Have no dimensions less than 30 feet, except trail segments
or as otherwise approved by the planning manager and parks and
community services director;
7. Be located in one designated area, unless the planning
manager and parks and community services director determine that the
residents of a large subdivision, townhouse development, or apartment
development would be better served by multiple areas developed with
recreation or play facilities; and
8. Be accessible, via trail or walkway, to any existing or planned
municipal, county, or regional park; public open space; or trail system
adjacent to the subdivision or short subdivision'
9. Include seatinq such as benches or picnic tables. One bench is
steel or recycled plastic lumber materials'
be provided.
11, Include children's plav equipment. Playground equipment
Amend KCC 72.04, 75'O9; add
KCC 72.76 - Re: Park ImPact Fees and
R ecreat io n a I Faci I ities
6
Association and shall be installed to comoly with the American Societv of
structure or other stormwater feature.
maintenance of this open lawn area'
include:
equipment such as basketball hoops. pickleball or tennis nets. shall be of
a commercial grade for durability and ease of maintenance. SPort courts
Amend KCC 72.04, 75.O9; add
KCC 72,76 - Re: Park ImPact Fees and
Recreatio n a I Fa ci I it ies
7
from adjacent streets. orivate oroperties, or sloped areas unless otherwise
approved by the City.
recreation facility proposed by the applicant and approved bv the parks
and communitv services director;
E; Reereation spaee shall be improved with both aetive and passive
other age apprepriate faeilities, as approved by the eity parks anel
€offimufiity servi€es dire
the fellewing reereation faeilities shall be previded in additien te a tot lot er
@
*----Sper+eou*l
e'-----Sgor++et+l
ffi
e: Any other re€reation faeility preposed by the appli€ant
Amend KCC 72.04' 75,O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreationa I Facilities
B
more ef the reereation faeilities listed in subseetion (€)(1) of this seetion
ffi
3, For developments of more than 50 dwelling units; at least one
placed in a stormwater tract where an underqround vault(s\ is utilitized for
stormwater detention or treatment instead of a surface pond(s). subiect to
the followino:
Tha -l,,al hr rF^nc6 nf l-hic #raa$ chall lra Aacarr aA Ah fhaI
recorded plat;
facility:
2 Araa aan{-ainina rhnrra-nrnt ,aA aat rinmant accnait reril-h tha
toward the required minimum recreation space;
4 v ahove-oround stormwater facil ifies in or near n a.tivtr
safety, or as otherwise approved bv City staff:
9 Amend KCC 72.04, 15.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreat io na I Faci I it ies
-^il 5h.l ir^rn ;aahaa nf anmnnclarl m -ial innnrnnrrlad infn f {-illarl cnil,
and the King Countv Surface Water Desiqn Manual.
h
the manufacturer's specifications and as approved by City staff;
^ili+i^- ah:ll nal nnrrnf ,-.rl f ha raar tiraA rar =iinn cnanaeln rm rrr r $a r
area unless:
a. The slooe of the drivewav is less than 5 percent;
obstructions;
area or other recreation facilities; and
8, Vents or grates associated with the vault shall have oPenings
no laroer than two inches to maintain safety for park users.
F. Recreation areas that are contained within the onsite stormwater
tracts which contain a surface pond(s), but are located outside of the 100-
10 Amend KCC 72.04, 75'O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreat io n a I Fac i I ities
year design water surface, may be credited for up to 50 percent of the
required square footage of the onsite recreation space requirement on a
foot-per-foot basis, subject to the following criteria:
1, The stormwater tract and any onsite recreation tract shall be
contiguously located, At final plat recording, contiguous stormwater and
recreation tracts shall be recorded as one tract and owned by the
homeowners' association or other organization as approved by the
planning manager; and
2. Unless otherwise approved by the public works department,
the drainage facility shall be constructed to meet the requirements of the
City of Kent Surface Water Design Manual and the following conditions:
a, The side slope of the drainage facility shall not exceed
the ratio of three feet horizontal to one foot vertical unless slopes are
existing, natural, and covered with vegetation;
b. A bypass system or an emergency overflow pathway
shall be designed to handle flow exceeding the facility design and located
so that it does not pass through active recreation areas or present a safety
hazard;
c. The drainage facility shall be landscaped and developed
for passive recreation opportunities such as trails, picnic areas, and
aesthetic viewing; and
d. The drainage facility shall be designed not to require
fencing under the City of Kent Surface Water Design Manual'
Amend KCC 72'04, 75.O9; add
KCC 72,76'Re: Park ImPact Fees and
Recreat io na I Fa c i I it ies
11
G. When a tract is a joint use tract for a drainage facility and recreation
space, as referenced in subsections (E) and (F) of this section, the city
shall not be responsible for maintenance of the recreation space'
H. A recreation space plan shall be submitted to the public works
department and reviewed and approved with engineering plans.
1. The recreation space plan shall address all portions of the site
that will be used to meet recreation space requirements of this section,
including the drainage facility, The plans shall show dimensions, finished
grade, equipment, landscaping, and improvements, as required by the
planning manager and parks and community services director, to
demonstrate that the requirements of the onsite recreation space or this
chapter have been met.
2. If engineering plans indicate that the onsite drainage facility
or stormwater tract must be increased in size from that shown in
preliminary approvals, the recreation plans shall show how the required
minimum recreation space under this section will be met.
maintenance shall be the responsibilitv of the homeowners' association. In
have an equal and undivided ownership interest in the recreation facilities'
as well as responsibilitv for maintaininq said facilities. Any reouired
recreation facilities that are damaged or degraded shall be restored or
Amend KCC 72.04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
R ecreationa I Faci I ities
t2
in accordance with Chapter 1.04 KCC.
ECTION 2, - Amendment - KCC 12.04.065. Section 12.04.065 0f
the Kent City Code, entitled "Fee in lieu of recreation space," is amended
as follows:
Sec. 12.O4.065. Fee in lieu of recreation space.
A. Exeept in the ease of short subdivisienstror subdivisions consisting of
20 or more dwelling units, the creation of onsite recreation space, per KCC
12.04.060, is the preferred method of providing new development with
opportunitiesforleisure,play,andsportsactivities'@
payment ef a fee in lieu of previding ensite reereation spaee is Freferred,
In subdiviriensr a
However, if onsite recreation
space is not provided in a subdivision of 20 or more dwel.ling units in
accordance with this chapter, the applicant shall pay a fee in lieu of
providing onsite recreation space if approved by the planning manager-And
parks and community services director. A fee in lieu of onsite recreation
space may be approved if the recreation space is provided within a city
park
the proposed development via paved sidewalks and street lighting and will
be of greater benefit to the prospective residents of the development'
B. For short subdivisions and subdivisions consisting of less than 20
Amend KCC 72.O4t 75'O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreationa I Faci I ities
13
bv the City, The in-lieu fees described in this section shall not apply.
Bg. The dollar amount of the fee-Hies shall be-determined-by
Percent of the avera$e-assessed
value eerofti+€re*of all land within the boundaries of the subdivision' The
avefag+-assessed value shall be based upon King Countv assessor
information tl+at-for the year in which the short subdivision or subdivision
is deemed complete. €emputations shall be based upon King €eunty
@
2, The gress land area within the subdivisien rnultiplied bY five
eereefi+
€D. The fee-Hiec shall be held in a reserve account at the city, and
may only be expended to fund a capital improvement that has been agreed
upon by the parties to mitigate the identified, direct impact of the
development. The payment shall be expended in all cases within five years
of collection. Any payment of fees made pursuant to this section that has
not been expended within five years of collection shall be refunded with
interest at the rate applied to judgments to the property owners of record
at the time of the refund. If the payment is not expended within five years
due to delay attributable to the developer, the payment shall be refunded
without interest.
Amend KCC 72.04, 75'O9; add
KCC 72,76 - Re: Park ImPact Fees and
Recreationa I Faci I ities
t4
DE. Appeals of fees-in-lieu imposed pursuant to this section shall be
governed by the provisions of Chapter 12.01 KCC.
SEOTION g. - New chapter. - A new Chapter I2.L6 of the Kent
City Code, entitled "Park Impact Fees," is hereby enacted as follows:
Sec. 12,16.010. Findings and Authority. The city council of the
city of Kent hereby finds and determines that development activities,
including but not limited to new residential, commercial, retail, office, and
industrial development in the city of Kent, will create additional demand
and need for system improvements needed to serve the new growth and
development. The city of Kent has conducted extensive research
documenting the procedures for measuring the impact of new
developments on public facilities, has prepared the "City of Kent Park
Impact Fee Study" dated January 2021 ("rate study"), attached to the
ordinance codified in this chapter as Exhibit 1, and incorporates that rate
study into this chapter by this reference. The rate study incorporates all of
the requirements of RCW 82.02.060(1). A copy of the rate study shall be
kept on file with the city clerk and are available to the public for review.
Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter
to assess park impact fees for parks and recreation. The provisions of this
chapter shall be liberally construed in order to carry out the purposes of
the council in providing for the assessment of park impact fees'
Sec. 12.16.020. Definitions. The following words and terms shall
have the following meanings for the purposes of this chapter, unless the
context clearly requires otherwise. Terms otherwise not defined herein
shall be defined pursuant to RCW 82.02.090, or given their usual and
customary meaning
15 Amend KCC 72.04' 75.O9; add
KCC 72,76'Re: Park ImPact Fees and
Recreatio na I Fa ci I it ies
A, Building permit means an official document or certification which is
issued by the city and which authorizes the construction, alteration,
enlargement, conversion, reconstruction, remodeling, rehabilitation,
erection, demolition, moving, or repair of a building or structure or any
portions thereof.
B. Capitat facitities plan means the capital facilities element of the
city's Comprehensive Plan adopted pursuant to Chapter 36'70A RCW and
such plan as amended.
C, City means the citY of Kent'
D. Council means the city council of the city of Kent.
E. Departmenf means the city's department of parks, recreation and
community services.
F. Development activify means any construction or expansion of a
building, structure, or use, any change in use of a building or structure, or
any changes in the use of land, that creates additional demand and need
for public facilities. "Development activity" does not include:
1.
authority; or
2.
Building or structures constructed by a regional transit
Building or structures constructed as shelters that provide
emefgency housing for people experiencing homelessness' or emergency
shelters for victims of domestic violence, as defined in RCW 70'123'O20'
16 Amend KCC 72.04, 75'O9; add
KCC 72.76 - Re,' Park ImPact Fees and
Recreationa I Faci I ities
G, Development approyal means any written authorization from the
city of Kent which authorizes the commencement of a development
activity.
H. Director means the parks and community services director or the
director's designee.
L Encumber means to reserve, set aside, or otherwise earmark the
park impact fees in order to pay for commitments, contractual obligations,
or other liabilities incurred for system improvements'
J. Feepayer means a person, corporation, partnership, an
incorporated association, or any other similar entity, or department or
bureau of any governmental entity or municipal corporation commencing a
development activity which creates the demand for additional system
improvements and which requires the issuance of a building permit or a
permit for a change of use. Feepayer includes an applicant for a park
impact fee credit.
K. Hearing examiner means that person or persons appointed by the
mayor pursuant to ChaPter 2.32 KCC.
L. Impact fee schedule means the table of impact fees to be charged
per unit of development, computed by the formula adopted under this
chapter, indicating the standard fee amount per dwelling unit or per
commercial development that shall be paid as a condition of development
within the city.
Amend KCC 72.04, 75.O9; add
KCC 12.76 - Re: Park ImPact Fees and
Recreatio na I Fa ci I ities
t7
M. Independent fee calculation means the park impact fee calculation
prepared by a feepayer to support the assessment of a park impact fee
other than by the use of the rate study, or the calculations prepared by the
director where none of the fee categories or fee amounts in the fee
schedule accurately describe or capture the impacts of the development
activity on public facilities.
N. KCC means the Kent City Code or, when followed by a numerical
designation, a provision of the Kent City Code.
O. Owner means the owner of record of real property, although when
real property is being purchased under a real estate contract, the
purchaser shall be considered the owner of the real property if the contract
is recorded.
p. permit for change of use or change of use permit means an official
document which is issued by the city which authorizes a change of use of
an existing building or structure or land'
a. project improvemenfs means site improvements and facilities that
are planned and designed to provide service for a particular development
project, are necessary for the use and convenience of the occupants or
users of the project, and are not system improvements' No improvement
or facility included in a capital facilities plan adopted by the council shall be
considered a project improvement'
R. Pubtic facilities, for purposes of this chapter, means the following
capital facilities owned or operated by the city of Kent or other
governmental entities: parks, trails or recreational facilities,
Amend KCC 72.04' 75,O9; add
KCC 72.76 - Re,' Park ImPact Fees and
Recreatio na I Fac i I it ies
18
S. Rate study means the Exhibit 1 "City of Kent Park Impact Fee
Study," city of Kent, dated January 202I, or as hereinafter amended.
T. System improvements, for purposes of this chapter, means public
park facilities that are included in the city of Kent's capital facilities plan,
and such plan as amended, and are designed to provide service to the
community at large, in contrast to project improvements.
U. park means public parks, trails, recreation facilities and related
appurtenances.
V. Park impact fee means a payment of money imposed by the city of
Kent on development activity pursuant to this chapter as a condition of
granting development approval. Park impact fee does not include a
reasonable permit fee, an application fee, the administrative fee for
collecting and handling impact fees, or the cost of reviewing independent
fee calculations.
W. Park impact fee account(s) means the separate accounting
structure(s) within the city's established accounts, which structure(s) shall
identify separately earmarked funds and which shall be established for the
park impact fees that are collected. The account(s) shall be established
pursuant to KCC L2.L6.120, and shall comply with the requirements of
RCW 82.02.070.
Sec. 12.16.030. Park Impact Fee Assessment.
Amend KCC 72,04, 75'O9; add
KCC 72,76' Re,' Park ImPact Fees and
Recreatio na I Fac i I it ies
19
A. The City shall collect park impact fees from applicants seeking
development approvals from the City for any development activity in the
City for which building permits are required, consistent with the provisions
of this ordinance.
B. When a park impact fee applies to a change of use permit, the park
impact fee shall be assessed for the land use category of the new use, less
any park impact fee that would have been assessed for the prior use' For
purposes of this provision, a change of use should be reviewed based on
the land use category provided in the rate study that best captures the
broader use of the property under development. Changes in use or
tenancy, if consistent with the general character of the building or building
aggregations (i.e., "industrial," or "specialty retail") should not be
considered a change in use that is subject to a park impact fee. Further,
minor changes in tenancies that are consistent with the general character
of the included structure, building, or previous use should not be
considered changes in use subject to a park impact fee. Vacant buildings
shall be assessed based on the most recent legally established use as
shown on a Kent business license, development permit, or other reliable
and verifiable evidence acceptable to the director'
C. For mixed use developments, park impact fees shall be assessed
for the proportionate share of each land use, based on the applicable
measurement in the park impact fee rates.
D. Park impact fees shall be determined at the time the complete
application for a building permit or a permit for a change in use is
submitted using the park impact fees then in effect. Park impact fees shall
Amend KCC 72.04' 75.O9; add
KCC 72,76 - Re: Park ImPact Fees and
Recreatio n a I Fac i I it ies
20
be paid before the building permit or permit for a change of use is issued
by the city.
Sec. 12.16.040. Use of Park Impact Fees.
A. pursuant to this ordinance, park impact fees shall be used for parks
and recreation facilities that will reasonably benefit growth and
development, and only for park facilities addressed by the City's Capital
Facilities Element of the Comprehensive Plan'
B. park impact fees shall not be used to make up deficiencies in City
facilities serving an existing development.
C. park impact fees shall not be used for maintenance and operations,
including personnel.
D. Park impact fees shall be used for but not limited to land
acquisition, site improvements, engineering and architectural services,
permitting, financing, administrative expenses, planning, mitigation costs,
capital equipment pertaining to parks facilities and any other expenses
which can be capitalized.
E. Park impact fees may also be used to recoup public improvement
costs incurred by the City to the extent that 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, park impact fees may be used to
pay the principal and interest on such bonds.
Amend KCC 72'04' 75.O9; add
KCC 72,76 - Rer Park ImPact Fees and
Recreat io na I Fa c i I ities
2L
Sec. 12.16.050. Park Impact Fee Formula.
A. The impact fee formula is based on the assumptions found in "City
of Kent Park Impact Fee Study," Exhibit 1 attached to the ordinance and
by this reference fully incorporated herein. The initial fee schedule, Exhibit
2 is attached to the ordinance and by this reference fully incorporated
herein.
B. Each development shall mitigate its impacts on the City's parks
facilities by payment of a fee that is based on the type of land use of the
development, and proportionate to the cost of the parks facility
improvements necessary to serve the needs of growth. For residential
development, fee amount is based on number of dwelling units; for
commercial development, fee is based on land use and square footage of
the development,
sec. 12.16.060. Park Impact Fee Updates. Annually, on or
about January 1st of each year, the director shall increase or decrease the
fees by an amount equal to the percentage increase in the Construction
Price Index for Seattle-Tacoma-Bremerton for the twelve (I2) month
period October 1st through September 30th of the previous calendar Year'
and shall update the fee schedule accordingly'
Sec. 12.16.fJ7fJ. Administrative Fees.
A. For each park impact fee imposed, there shall be charged an
administrative fee, the amount of which shall be set by council resolution'
The administrative fee shall be deposited into an administrative fee
Amend KCC 72.04, 75.O9; add
KCC 72,76 - Re: Park ImPact Fees and
Recreat io n a I Faci I ities
22
account within the park impact fee account(s). Administrative fees shall
be used to defray the city's actual costs associated with the assessment
and collection and update of the park impact fees. An administrative fee is
not refundable or creditable.
B. The administrative fee shall be paid by the feepayer at the same
time as the park impact fee.
Sec. 12.16.080. Independent Fee Calculations.
A. If, in the judgment of the director, none of the fee categories or fee
amounts set forth in the fee schedule accurately describes or captures the
impacts of a new development on parks, the department may conduct
independent fee calculations and the director may impose alternative fees
on a specific development based on those calculations. The alternative fees
and the calculations shall be set forth in writing and sent to the feepayer'
pursuant to RCW 82.02.060, where unusual circumstances are identified
by the director, the standard fee may be adjusted in specific cases to
ensure that impact fees are imposed fairly.
B. There is a rebuttable presumption that the calculations set forth in
the rate study are valid. In calculating the fee imposed on a particular
development, the City shall permit consideration of studies and data
submitted by a feepayer in order to adjust the amount of the fee' The
feepayer shall submit an independent fee calculation study to the director,
who shall review the study to determine that the study:
1. Is based on accepted impact fee assessment practices and
methodologies;
23 Amend KCC 72.04, 75.O9; add
KCC 72.76'Re: Park ImPact Fees and
Recreatio na I Faci I it ies
2. Uses acceptable data sources and the data
comparable with the uses and intensities planned for the
development activitY;
used is
proposed
shows the basis upon which the independent fee calculation
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 feepayer and who are qualified in
their respective fields; and
5.
was made
C, In reviewing the study, the director may require the feepayer to
submit additional or different documentation. If an acceptable study is
presented, the director may adjust the fee for the particular development
activity. The director shall consider the documentation submitted by the
applicant, but is not required to accept such documentation that the
director reasonably deems to be inaccurate or unreliable.
D. A feepayer requesting an adjustment or independent fee calculation
may pay the impact fees imposed by this ordinance in order to obtain a
building permit while the City determines whether to partially reimburse
the feepayer by making an adjustment or by accepting the independent
fee calculation.
24 Amend KCC 72.04' 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreat io na I Fac i I it ies
E. Any feepayer submitting an independent fee calculation will be
required to pay a fee to cover the cost of reviewing the independent fee
calculation. The fee required by the city for conducting the review of the
independent fee calculation shall be set by council resolution, and shall be
paid by the feepayer prior to issuance of the director's determination'
Sec. 12,16.090. ExemPtions.
A. The park impact fees are generated from the formula for calculating
the fees set forth in this chapter. The amount of the impact fees is
determined by the information contained in the adopted park and open
space plan, park project list and related documents, as appended to the
City's Comprehensive Plan. All development activity located within the
City shall be charged a park impact fee; provided, that the following
exemptions applY,
B. 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 with the same gross floor area, when such
replacement is within tZ months of demolition or destruction of the
previous structure.
2. Alteration, expansion, 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.
25 Amend KCC 72.04' 75.O9; add
KCC 72.76'Re: Park ImPact Fees and
Recreat io na I Faci I ities
4. Miscellaneous improvements including but not limited to,
fences, Walls, swimming pools, and signS that do not create an increase in
demand for park services.
5. Demolition of or moving an existing structure within the City
from one site to another.
6. Change of Use, A development permit for a change of use
that has less impact than the existing use shall not be assessed a park
impact fee,
7. A fee payer required to pay for system improvements
pursuant to RCW 43.2LC.060 shall not be required to pay an impact fee for
the same improvements under this ordinance'
C. The director shall be authorized to determine whether a particular
development activity falls within an exemption identified in this section'
Determinations of the director shall be subject to the appeals procedures
set forth in KCC 12.16.100.
Sec. 12.16.1OO. APPeals.
A. Determinations of the director with respect to the applicability of
the park impact fees to a given development activity, the availability or
value of a credit, the director's decision concerning an independent fee
calculation or any other determination which the director is authorized to
make pursuant to this chapter may be appealed by the feepayer to the
hearing examiner. No building or change of use permits will be issued until
the park impact fee and administrative fees are paid; provided, however,
Amend KCC 72.04, 75.O9; add
KCC 72,76'Re: Park ImPact Fees and
Recreatio na I Fac i I ities
26
that the feepayer may pay the fees under protest pending appeal to avoid
delays in the issuance of building permits or change of use permits'
B. Appeals to the hearing examiner shall be taken in accord with the
processes set forth in Chapter L2.OI KCC for open record appeals;
provided, however, that appeals are to be delivered to the city's permit
center.
C. At the time of filing the appeal, the feepayer shall pay the fee set
by council resolution for city of Kent planning and land use fees, "appeal of
ad ministrative interpretation/decision' "
D. The hearing examiner is authorized to make findings of fact
regarding the applicability of the park impact fees to a given development
activity, the availability or amount of the credit, or the accuracy or
applicability of an independent fee calculation, There is a presumption of
validity of the director's determination; feepayer has the burden of proof'
The decision of the hearing examiner shall be the final determination of the
city unless remanded to the department as provided in subsection (E) of
this section.
E. The hearing examiner ffi?y, so long as such action is in
conformance with the provisions of this chapter, reverse, affirm, modify or
remand, in whole or in part, the determinations of the director with respect
to the amount of park impact fees imposed or the credit awarded'
Sec. 12.16.110. Credits.
Amend KCC !2.O4, 75.O9; add
KCC 72,76 - Re: Park ImPact Fees and
Rec reat io na I Faci I ities
27
A. A feepayer can request that a credit or credits for parks and
recreation impact fees be awarded to them for parks and recreation
improvement projects provided by the feepayer in excess of the standard
requirements for the feepayer's development if the land, improvements,
and/or the facility constructed are identified as parks and recreation
system improvements that provide capacity to serve new growth in the
capital facilities plan, or the director, at their discretion, makes the finding
that such land, improvements , and/or facilities would serve the parks and
recreation goals and objectives of the capital facilities plan.
B. For each request for a credit or credits, the director shall determine
the value of dedicated land by using available documentation or selecting
an appraiser from a list of independent appraisers maintained by the
department to determine the value of the land being dedicated' The value
of improvements will be determined through documentation submitted by
the feepayer.
C. The feepayer shall pay the cost of the appraisal and shall deposit on
account the estimated cost of the appraisal as determined by the city at
the time the feepayer requests consideration for a credit.
D. After receiving the appraisal, the director shall provide the applicant
with a letter or certificate setting forth the dollar amount of the credit, the
reason for the credit, where applicable, the legal description of the site
donated, and the legal description or other adequate description of the
project or development to which the credit may be applied. The applicant
must sign and date a duplicate copy of such letter or certificate indicating
their agreement to the terms of the letter or certificate and return such
signed document to the director before the impact fee credit will be
Amend KCC 72'O4t 75'O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreationa I Faci I ities
28
awarded. The failure of the applicant to sign, date, and return such
document within 60 days shall nullify the credit.
E. Any claim for credit must be made no later than the time of
application for a building permit. Any claim not so made shall be deemed
waived.
F. Determinations made by the director pursuant to this section shall
be subject to the appeals procedures set forth in KCC 12.16,100.
G. Pursuant to and consistent with the requirements of RCW
g2.02.060, the fee rate in the fee schedule has been reasonably adjusted
for other revenue sources which are earmarked for, or proratable to,
funding parks and recreation facilities'
sec. 12.16.120. Establishment of park impact fee accounts.
A. Park impact fee receipts shall be earmarked specifically and
deposited in one (1) or more special, interest-bearing accounts.
B. The city shall establish one (1) or more separate park impact fee
accounts for the fees collected pursuant to this chapter. Funds withdrawn
from the account or accounts must be used in accordance with the
provisions of this chapter and applicable state law. Interest earned on the
fees shall be retained in the account(s) and expended for the purposes for
which the park impact fees were collected.
C. On an annual basis, the finance director shall provide a report to
the council on the park impact fee account showing the source and amount
Amend KCC 72.04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Rec reat io na I Fa ci I it ies
29
of all moneys collected, earned, or received, and the parks and recreation
system improvements that were financed in whole or in part by impact
fees,
D. Impact fees shall be expended or encumbered within ten (10) years
of receipt, unless the council identifies in written findings an extraordinary
and compelling reason or reasons for the delay'
Sec. 12.16.130. Administrative guidelines. The director is
hereby authorized to adopt internal guidelines for the administration of
park impact fees, which include the adoption of procedural rules'
Sec. 12.16.14O. Refunds'
A. If the city fails to expend or encumber the park impact fees within
ten (10) years of the date the fees were paid, unless extraordinary or
compelling reasons are established pursuant to KCC L2'L6.120, the current
owner of the property on which park impact fees have been paid may
receive a refund of such fees. In determining whether park impact fees
have b'een expended or encumbered, park impact fees shall be considered
expended or encumbered on a first in, first out basis.
B. The city shall notify potential claimants by first class mail deposited
with the United States Postal Service at the last known address of such
claimants. A potential claimant must be the current owner of record of the
real property against which the park impact fee was assessed,
C. Owners seeking a refund of park impact fees must submit a written
request for a refund of the fees to the director within one (1) year of the
30 Amend KCC 72.04, 75.O9; add
KCC 72,76'Re: Park ImPact Fees and
Rec reat io na I Faci I ities
date the right to claim the refund arises or the date that notice is given,
whichever is later.
D. Any park impact fees for which no application for a refund has been
made within this one (1) year period shall be retained by the city and
expended on the system improvements for which they were collected.
E. Refunds of park impact fees or offsets against subsequent park
impact fees under this section shall include any interest earned on the park
impact fees by the city.
F. When the city seeks to terminate any or all components of the park
impact fee program, all unexpended or unencumbered funds from any
terminated component or components, including interest earned, shall be
refunded pursuant to this section. Upon the finding that any or all fee
requirements are to be terminated, the city shall place notice of such
termination and the availability of refunds in a newspaper of general
circulation at least two (2) times and shall notify all potential claimants by
first class mail at the last known address of the claimant' All funds
available for refund shall be retained for a period of one (1) year. At the
end of one (1) year, any remaining funds shall be retained by the city, but
must be expended for the public facilities for which the park impact fees
were collected. This notice requirement shall not apply if there are no
unexpended or unencumbered balances within the account or accounts
being terminated.
G. The city shall also refund to the current owner of property for which
park impact fees have been paid all park impact fees paid, including
interest earned on the park impact fees, if the development activity for
Amend KCC 72.04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreatio na I Fac i I ities
31
which the park impact fees were imposed did not occur; provided however,
that if the city has expended or encumbered the park impact fees in good
faith prior to the application for a refund, the director may decline to
provide the refund. If, within a period of three (3) years, the same or
subsequent owner of the property proceeds with the same or substantially
similar development activity, the owner can petition the director for an
offset in the amount of the fee originally paid and not refunded' The
petitioner must provide receipts of park impact fees previously paid for a
development activity of the same or substantially similar nature on the
same real property or some portion thereof' Determinations of the
director shall be in writing and shall be subject to the appeals procedures
set forth in KCC 12,16.100.
Sec. 12.16.15O. Existing Authority Unimpaired. Nothing in this
chapter shall preclude the city from requiring the feepayer or the
proponent of a development activity to mitigate adverse environmental
impacts of a specific development pursuant to the State Environmental
Policy Act, Chapter 43.2LC RCW, based on the environmental documents
accompanying the underlying development approval process' and/or
Chapter 58.17 RCW, governing plats and subdivisions, provided that the
exercise of this authority is consistent with Chapters 43'zLC and 82'O2
RCW.
'ECTION
4. - Amendment - KCC 15.09.045. Section 15.09'045 0f
the Kent City Code, entitled "Administrative design review," is amended as
follows:
Sec. 15.O9.O45. Administrative design review.
32 Amend KCC 72.04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreatio n a I Fa c i I ities
A. Purpose and scope. Administrative design review is an
administrative process, the purpose of which is to implement and give
effect to the comprehensive plan, its policies, or parts thereof through the
adoption of design criteria for development relative to site layout,
landscape architecture, and exterior structure design. It is the intent of the
city that this process will serve to aid applicants in understanding the
principal expectations of the city concerning design, and encourage a
diversity of imaginative solutions to development through the planning
services division review and application of certain criteria. These criteria
have been formulated to improve the design, siting, and construction of
development projects so as to be compatible, both visually and otherwise,
with the topographic, open space, urban, or suburban characteristics of the
land or adjacent properties, while still maintaining allowable densities to be
applied in a manner consistent with established land use policies, the
comprehensive plan, this title, and community development goals of the
city.
The adoption of design criteria is an element of the city's regulation of land
use, which is statutorily authorized. Application of the multifamily design
process to the design criteria adopted in this section is established as an
administrative function delegated to the planning services division
pursuant to RCW Title 35A; therefore, in implementing the administrative
design review process, the planning director may adopt such rules and
procedures as are necessary to provide for expeditious review of proposed
projects. Further rules may be promulgated for additional administrative
review.
B. Application and review process. Administrative design review
process is classified as a Process II application and shall be subject to the
Amend KCC 72'04, 75.O9; add
KCC 72.76'Re: Park ImPact Fees and
Recreat io na I Fac i I ities
33
applicable requirements of Chapter t2.OL KCC. The applicant must make
application for the design review process in accordance with the
requirements of Chapter L2.OL KCC. Upon receipt of an application for
design review, the planning director shall circulate the application to the
public works director, building official, and the parks director eitY
admi++istrater for review. Prior to making a final decision, the planning
director shall review any comments submitted for consideration. In the
administration of this process, the planning director may develop
supplementary handbooks for the public, which shall pictorially illustrate
and provide additional guidance on the interpretation of the criteria set
forth in subsections (C) and (D) of this section, as well as a detailed
explanation of the design review process'
C. Residentiat design review. In order to diminish the perception of
bulk, and provide visual interest along residential home facades that face
public areas, architectural design considerations shall be applied. This
design review shall be applied administratively as part of the building
permit review process for each new home'
1. Orientation of homes, The entry facade of each dwelling unit
shall be generally oriented toward the highest classification street from
which access to the lot is allowed, unless otherwise approved by the
planning director based on existing context of surrounding development.
2. Attached units. A building that contains a grouping of
attached units shall not exceed a 200-foot maximum length and shall be
separated from other groups of attached units by a minimum 15 feet.
34 Amend KCC 72'04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Rec reat io na I Fa c i I ities
3. Architecture. Each dwelling unit facade that faces a public
area shall, at a minimum, incorporate architectural elements as follows:
a. Two elements of facade modulation or roofline
variation. Facade modulation elements shall have a minimum width of
eight feet and a minimum depth of three feet. Roofline variation elements
shall have a minimum horizontal or vertical offset of three feet and a
minimum variation length of eight feet;
b. The maximum horizontal facade length without one
element of either facade modulation or roofline variation shall be 20 feet;
and
c. Three architectural detail elements
4.
subdivisions
percentage
subdivision,
Garages. Dwelling units within subdivisions and short
shall provide diminished garage doors according to the
and locations approved with the subdivision and short
D. Muttifamily design review. The planning services division shall use
the multifamily design guidelines as an adopted element of the city's
regulation of land use, which is statutorily authorized, in the evaluation or
conditioning of applications under the multifamily design review process'
E. IReserved].
F, Mixed use design review. The planning services division shall use
the following criteria in the evaluation and/or conditioning of applications
35 Amend KCC 72.04' 75.O9; add
KCC 72,76 - Re: Park ImPact Fees and
Recreatio na I Fa c i I it ies
under the mixed use design review process when a project includes
residential use:
1, The following criteria should apply to all mixed use with a
residential component development:
a Some common recreation space roofs, terraces, indoor
rooms, cour:tYards
b. Lighting features that are shielded, directing light
downwards.
c. The residential portion of the building should
incorporate residential details, such as window trim, trellises, balconies,
and bay windows.
d. The residential component should have an obvious,
generous entrance, within featureS suggeSting a "front door," fOr example,
a lobby, trellis, gate, archway, or courtyard.
2. The following criteria shall apply to mixed use development:
a. If the residential component is located away from the
main street, a landscaped pedestrian path should be provided between the
entrance and public sidewalk'
b. Although the commercial and residential components
may have different architectural expressions, they should exhibit a number
of elements that produce the effect of an integrated development.
36 Amend KCC 72'04, 75.O9; add
KCC 72,76 - Re: Park ImPact Fees and
Recreatio n a I Fa c i I ities
c. surlace parking should be generously landscaped to
serve as an amenity. Lighting fixtures should not exceed the height of the
first floor.
3. The following criteria shall apply to mixed use buildings with a
residentia I component :
a ' Parking lots, if used, should be divided into small
increments, separated by landscaping and structures, so that parking does
not dominate the site.
b. Articulated by use of different materials, generous
windows with low sill heights, "store" doors, canopies, and planters'
c. Residential floors should be expressed in an obvious
manner, with stepbacks, change in materials or color, and overhangs'
d. Commercial signs should be contained within the first
floor commercial base and not extend up into the residential floor facades.
G. Transit-oriented community design review' The planning services
division shall use the following criteria in the evaluation or conditioning of
applications under the transit-oriented community design review process:
1. The Midway Design Guidelines as an adopted element of the
city's regulation of land use, which is statutorily authorized, shall apply to
all development with a land use plan map designation of transit-oriented
community.
Amend KCC 72,04, 75.O9; add
KCC 72,76'Re: Park ImPact Fees and
Recreationa I Faci I ities
37
2. Residential use design review. In addition to the Midway
Design Guidelines, the following design requirements apply to residential
uses and development:
a, Openings from the build-to line. When a residential unit
has direct access to the public domain, a 10-foot front yard shall be
provided. When residential units have access through a main location, such
as an atrium, courtyard, or other main entrYwdY, said access shall be at
the build-to line.
b. open space. Residential development shall provide not
less than 20 percent of the gross land area for common open space, which
shall be:
i. Designed to provide either passive or active
recreation;
ii. If under
responsible for maintenance;
one ownership, owner shall be
iii. If held in common ownership by all owners of the
development by means of a homeowners' association, said association
shall be responsible for maintenance. If such open space is not maintained
in a reasonable manner, the city shall have the right to provide for the
maintenance thereof and bill the homeowners' association accordingly' If
unpaid, such bills shall be a lien against the homeowners'association; or
38 Amend KCC 72.04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreatio na I Fa c i I ities
iv. Dedicated for public use if accepted by the city
legislative authority or other appropriate public agency'
c. storage of recreational vehicles. The storage or parking
of recreational vehicles shall be prohibited'
G. of this section:
1. Seating. Active or passive open spaces shall Include seating
commerci al-orade tvoe and desion and shall he constructed of nowder-
coated or oalvanized steel or recycled plastic lumber materials'
2. Open lawn area; at least 1 ? of the required open space shall
this open lawn area.
?I rnrl naninn Aafirra nr nlcc \r^ AA6h cn2.ac chall i alr rAa traac
diminish or imoede anv open plav area to be provided.
Amend KCC 72.04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreationa I Faci I ities
39
4 PI \/nrnt tnrl Anili Plarrnror r anr rinrnenf hrll hp
certified bv the International Play Equipment Manufacturers Association
Materials (ASTM) Standards. Playoround equipment shall incorPorate PlaY
elements for both ages 2-5 and 5-12 and should offer a varietv of olav
slides. overhead ladders. swings. and net climbers. Plavqround surfacinQ
placed atop a stormwater vault structure or other stormwdter f€ature'
courts shall be painted to include lines for court games such as basketball,
grade for durability and ease of maintenance. Sport courts shall be located
the City
h
F
recreation cilities mav be olaced atoo or near underq nd vault(s)
where these are utilitized for stormwater detention or treatment instead of
a surface pond(s), subject to the following:
a. The below-ground stormwater vault shall be desiqned
40 Amend KCC 72,04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreationa I Faci I ities
plav eouipment or other structures. and maintenance v€hicl€s dccessino
the facilitv;
b. Areas containing above-ground equipment associated
not count toward the required minimum recreation space;
15.07.040.B(B) for safety. or as otherwise approved bv Citv staff;
d. Adequate soil coverage and underdrainage shall be
inches of tilled soil and two inches of composted material incorporated into
the tilled soil; or to the specifications of the Citv of Kent 2017 Surface
Water Desion Manual and the 2016 Kinq Countv Surface Water Design
Manual.
Dan all ha ooa,rraA fn l-ha {-nn nf tha6
with the manufacturer's specifications and as approved by City staff;
f. Paved drivewavs designed and constructed to access
area unlessl
i. The slope of the driveway is less than 5 percent
4L Amend KCC 72.04' 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreatio n a I Faci I ities
haza rds or obstructions
iii. The paved drivewav is contiguous with the open
play area or other recreation facilities
7. Maintenance of Recreation Facilities. Recreation facilities shall
KCC.
L Appeats. The decision of the planning director to condition or reject
any application under the administrative design review process is final
unless an appeal is made by the applicant or any party of record to the
hearing examiner within 14 calendar days of either the issuance of the
director's conditional approval under this section of any application, or the
director's written decision rejecting any application under this section. The
appeal shall be conducted by the hearing examiner as an open record
appeal hearing in accordance with the requirements of Chapters 2'32 and
t2.OL KCC. The decision of the hearing examiner shall be final unless an
42 Amend KCC 72'04, 75.O9; add
KCC 72.76 - Re: Park ImPact Fees and
Recreationa I Faci I ities
appeal is made to the superior court within 21 calendar days after the
hearing examiner's notice of decision'
9E9TION 5, - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
9E9TION 6, - 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.
ECTION 7, - Effective Date. This ordinance shall take effect and
be in force 30 days f after its passag e, as provided by law
March 16, 2021
Date ApprovedDANA RALPH,
ATTEST:
KIMBERLEY A,MOTO, CITY
March L6.2O2I
Date Adopted
March 19, 2021
Date Published
APP AS TO
UR *PAT"PATRICK, CITY ATTORNEY
Amend KCC 72'04, 75.O9; add
KCC 72,76 - Re: Park ImPact Fees and
Recreationa I Faci I ities
43
EXHIBIT 1
City of Kenl
PARK IMPACT FEE STUDY
This entirc report is mnde ol'retdily
recyclable materials, including the bronz"e
wirc binding md thc lront and back covcr,
which arc made fiom post-cotrsurrer
recycled plastic bottles.
SFCSG ROI.JP
Draft Report
January 2021
Washington
7525 166th Avenue NE, Ste. D215
Redmond, WA 98052
425.867.1802
Oregon
5335 Meadows Road, Ste 330
Lake Oswego, OR 97035
503.841.6543
Colorado
PO Box 19114
Boulder, CO 80301 -9998
715.284.9168
www,fcsg roup.com
d'Solutions-Orien ted Consulting
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
Page ii
TngLE OF CONTENTS
Table of Contents
Section L
Section ll.
Section lll
lll,A.
lll.B.
ilr.c.
ilt.D.
Section lV
IV.A.
IV.B.
lntroduction
lmpact Fee Legal Overview
Technical Analysis
Growth
Future Facilities Component .....
lmpact Fee Cost Basis............,
Calculated lmpact Fee
lmplementation.....
2
':i) FCS GI1OLJP
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
Page 1
Section l. lNrRoDUCTloN
The City of Kent, Washington (City), is a growing city with increasing demands for park facilities.
One of the potential revenue sources to fund these increasing demands is impact fees. These fees help
the City to recover the costs of providing services to growth in an equitable manner. The City does
not currently impose impact fees for its park facilities. Thus, in 2020,the City contracted with FCS
GROUP to perform a park impact fee study that would calculate the maximum defensible park
impact fee in accordance with Washington state law.
Consistent with these objectives, this study included the following key elements:
o Overview of Washington Laws and Methodology Alternatives. We worked with City staff to
examine previous impact fee methodologies and develop alternative approaches in compliance
with Washington law.
. Develop Policy Framework. We worked with City staff to identify, analyze, and agree on key
assumptions and policy issues.
o Technical Analysis. In this step, we worked with City staff to resolve technical issues, isolate
the recoverable portion ofexisting and planned facilities costs, and calculate fee alternatives. The
most important technical consideration involves the inclusion of planned capacity-increasing
improvements and their unique relationship to growth.
o Documentation and Presentation. In this step, we presented preliminary findings to the City
Council and summarized findings and recommendations in this report.
.::> FCS GROUP
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
Page 2
Section ll. ltrztpAcT Frr LrCnL OVERVIEW
Impact fees are enabled by state statutes, authorized by local ordinance, and constrained by the
United States Constitution. They allow cities to recover some of the cost of expanding public
facilities necessitated by growth. These fees allow o'growth to pay for growth" in a fair and equitable
manner. Impact fees have a specific definition and associated constraints in the state of Washington.
Impact fees are allowed under RCW 82.02.050 through 82.02.110 and are permitted for:
o Public streets and roads
o Publicly owned parks, open space, and recreation facilities
. School facilities
o Fire protection facilities
The statute provides specific guidance on the permissible methodology for calculating impact fees.
This guidance can be broken down into three major categories:
1. Etigibility Requirements. RCW 82.02.050(3) states that impact fees:
a. Shall only be imposed for system improvements that are reasonably related to the
new develoPment;
b. Shall not exceed a proportionate share of the costs of system improvements that are
reasonably related to the new development; and;
c. Shall only be used for system improvements that will reasonably benefit the new
develoPment.
These requirements, which exist to protect developers, ensure that impact fees are based on-
and spent for-capacity that will directly or indirectly serve the development. That is why
careful scrutiny is given to the included project list. Moreover, the impact fee that a
developer pays must represent that particular development's fair share of required capacity'
That is why developments pay a unique fee based on land use.
Additionally, RCW 82.02.050(5) states that "lmpact fees may be collected and spent only for
the public facilities . . . which are addressed by a capital facilities plan element of a
comprehensive land use plan." This means that if a project is not listed in the adopted capital
facilities plan element, then it is not eligible to be included in impact fee calculations.
2. Future Facilities Component. RCW 82.02.060(l) outlines the future facilities portion of
impact fee calculations, stating that the calculation must consider:
a. The cost of public facilities necessitated by new development;
.:t FCS (; l{() U I'
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
page 3
b. An adjustment to the cost of the public facilities for past or future payments made or
reasonably anticipated to be made by new development to pay for particular system
improvements in the form of user fees, debt service payments, taxes, or other
payments earmarked for or pro-ratable to the particular system improvement;
c. The availability of other means of funding public facility improvements;
d. The cost of existing public facilities improvements; and
e. The methods by which public facilities improvements were financed.
This means that adjustments to the impact fee cost basis must be made for the amount of
outstanding debt that was or will be used to pay for capital facility improvements, as well as
other methods of funding public facilities improvements.
3. Customer Base. The costs determined to be eligible must be proportionately allocated across
the projected customer base.
T:} FCS GROUP
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
Page 4
Section lll. TrcHNlcAL ANALYSIS
Eligible Portion of
Capacity
Increasing Projects
This section provides the detailed calculations of the maximum defensible parks impact fee.
TI
The eligible portion of capacity increasing projects is the cost of future projects that will serve
growth. Some projects are intended to only serve growth, some projects do not serve to increase the
capacity of the City's park system, and some serve the City's current and future populations. The
following section will detail how the growth eligibility percentage was calculated for each future
project.
The growth in the user base is the anticipated growth in the City's population. However, as residents
are notthe only users of the City's park system, employees of businesses within will be included as
well, at a separate rate that reflects the parks demand characteristics of commercial developments.
The total eligible portion of capacity increasing projects divided by the growth in the user base
results in the park impact fee. Each of these components is examined in further detailbelow.
III.A. GROWTH
Calculation of growth begins with defining the units by which current and future demand will be
measured. Using the best available data, FCS GROUP quantified the current level of demand and
estimated a future level of demand. The difference between the current level and the future level is
the growth in demand that serves as the denominator in the impact fee calculations.
lll.A.l. Unit of Meosuremenf
A good unit of measurement allows the City to quantify the incremental demand of one new
development. A great unit of measurement allows the City to distinguish different levels of demand
added by different kinds of development.
Park lmpact Fee
Growth in User
Base
.lir rcs Gr{oLlP
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
page 5
lll.A.l.o Options
For park impact fees, demand that can be attributed to individual developments is usually measured
by the number of people who will occupy a development. For residential developments, the number
of occupants means the number of residents. FCS GROUP uses data from the U. S. Census Bureau to
estimate the number of residents for different kinds of dwelling units. For non-residential
developments, the number of occupants means the number of employees' We use industry data to
estimate the number of employees per square foot for different kinds of non-residential
developments. However, employees and residents do not have the same amount of time available to
utilize the City's park system, so a conversion to residential equivalents must be made'
When an agency chooses to impose a parks impact fee on both residential and non-residential
developments, the demand of one additional resident must be carefully distinguished from the
demand of one additional employee. This is usually accomplished by the calculation of a residential
equivalent. One resident is one residential equivalent, and one employee is typically less than one
residential equivalent, as they have less available time to utilize parks and facilities'
lll.A.l.b Recommendotion
The City finds that non-residential developments are a significant source of demand for parks
facilities. We therefore recommend that the City charge parks impact fees for both non-residential
and residential develoPment.
lll.A.2. Residentiol Equivolence
To charge parks impact fees to both residential and non-residential developments, we must estimate
both (l) how much availability non-residential occupants (i.e., employees) have to use parks facilities
and(2) how that availability differs from residential occupants (i'e., residents).
The calculation begins with the most recent data for both population and employment in Kent. As
shown below, in 2017 (the most recent year for which both population and employment data were
available), 127,100 residents live in Kent, and 72,814 employees work in Kent' Of these,9,445
people both live and work in Kent, as shown in Exhibit 1.
Exhibit 1
Residents and Employees in Kent (2017)
Source; WA OFM Population Sfaflsflcs, US Census Bureau: OnTheMap Application
Next, we estimate the number of hours per week that each category of person would be available to
use the parks facilities in Kent. The two tables below show FCS GROUP's estimate of maximum
time available for use. It is not an estimate of actual use.
Working inside Kent
Working oubide Kent
Not uorking
9,445
48,772
68,883
72,81463,369
Total 127,100
Total
Living 0utside
Kent
Living lnside
Kent
.:i) FCS (;RO U P
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
page 6
Exhibit 2
Available Hours by Ca
Source: FCS GROUP
Source: FCS GROUP
When the hours of availability above are multiplied by the population and employee counts presented
earlier, we are able to determine the relative parks demand of residents and employees. As shown in
Exhibit 3, the parks demand of one employee is equivalent to the parks demand of 0.213 resident'
Another way of understanding this is that the parks demand of 4.68 employees is equivalent to the
parks demand of one resident.
Exhibit 3
Total Available Hours bY Class
Source: Prevhus tables
lll.A.3. Growth in Demond
The current (2020) demand for parks facilities is 146,567 residential equivalents. That number is the
sum of 130,500 residents (based on the Washington State Office of Financial Management's official
state population projections), and 16,067 residential equivalents for 75,257 employees. The number
of employees is based on the 2017 number of employees, inflated to 2020 based on the City's
historical growth.
During the forecast period from2020 to2026, the residential population is expected to grow by
8,903 residents to a total of 139,403 residents. Population growth was forecast at 1.11 percent
Working inside Kent
Working oubide Kent
72
72
112Not
Hours per Week of Park
Availability per Person,
Residential Demand
Living lnside
Kent
Living Outside
Kent
Working inside Kent
Working oubide Kent
20 20
vrorki
Hours per Week of Park
Availability per Person, Non-
Residential Demand
Living lnside
Kent
Living Outside
Kent
Working inside Kent
Working oubide Kent
Not uorkinq
680,040
3,511,584
7,714,896
2,136,320
3,511,584
7,714,896
1,456,280
Total 11,906,520 1,456,280 13,362,800
93.68
20.00Hoursem
Hours per resident
Employee Residential Equ ivalent 0.2'13
Total Hours per Week of Park Residential
Hours
Non-
Residential Total HoursAvailabi,2017
d.b FCS GI{-OUP
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
page 7
annually, and growth in employees forecast at 1 . 1 1 percent annually (based on the City's historical
growth rate from 2}ll-20). As seen in Exhibit 4, the existing customer base will grow by 9,999
iesidential equivalents to a total of 156,566 residential equivalents. Therefore, 9,999 residential
equivalents will be the denominator for the impact fee calculations later in this report.
Exhibit 4
Growth in Residential Equivalents
Source: Previous tables
Calculated Growth 6.39%
By dividing the 9,999 residential equivalents in growth by the total projected residential equivalents
in2026,we determine that 6.39 percent of the2026 residential equivalents is attributable to growth.
This is the growth etigibility percentage, which is a proportion that will be used to quantify the
impact fee etigiUitity of selected projects (known as 'oproportionate benefit projects") later in the
analysis.
III.B. FUTURE FACILITIES COMPONENT
The future facilities component is the eligible cost of planned projects per unit of growth that such
projects will serve. Since growth (denominator) has already been calculated above, we will focus
here on the future cost component cost basis (numerator).
lll.B.l. Eligibility
A project's eligible cost is the product of its total cost and its eligibility percentage. The eligibility
percentage represents the portion ofthe project that creates capacity for future users. For park impact
iees, eligibility is determined by a level-of-service analysis that quantifies the park facilities lhat are
needed for growth (and are therefore eligible to be included in an improvement fee cost basis).
lll.B.l.o RecreotionolVolue
The City uses a unique level of service metric called recreational value. Using this approach, each
park is graded based on the number ofassets, condition ofassets, and type ofassets that it contains.
This allows each park to be assigned a recreational value that systematically takes into account
multiple features of the park system. This differs from the traditional level of service metric (acres
per 1,000 residents), which does not account for the quality or condition of parks facilities.
Determining eligibility based on the curent level of service means that only those project costs that
will allow the City to maintain its current level of service at the end of the planning period (2026, in
this case) are considered eligible. For example, the City's current inventory of community parks is 43
recreational value points. Based on the current population, the current level of service for community
parks is 0.33 recreational value points per 1,000 total residential equivalents' To maintain this level
Populaton
Employees
Residental
127,100
72,814
'15,546
130,500
75,257
139,403
80,391
8,903
5,134
1,096Em1716316067
otalResidential ivalents 142,646 146,567 1 566 9,999
Growth from
2020 to 2026202620172020
.l:> rcs GROUP
EXHIBIT {
City of Kent
January 2021
Park lmpact Fee Study
page 8
of service in 2026, the City will need an additional 2.91 recrealional value points in its community
parks. However, based on the planned projects listed later in this report, the City intends to add 17.00
recreational value points in community parks. Because the City plans on adding more than the
minimum amount of recreational value points, only some of the costs of these projects are eligible.
There are two approaches to calculating this eligibility, the cunent level of service approac& and the
future level of service approacft. FCS GROUP believes both of these approaches to be equally
defensible. The current level ofservice is based on the recreational value per residential equivalent
now. For community parks, this value is 17.13 percent (2.91 I 17.00). Only the first 2.91 recreational
value points are eligible to be reimbursed in the impact fee, because the remainder are enhancing the
level ofservice.
Thefuture level of service approacft is backwards looking instead. ln 2026, the City plans to have
60.00 recreational value points in its community parks (0.43 recreationalvalue points per 1'000 total
residential equivalents). By projecting the future level ofservice back to present, we can calculate
that the minimum 2020 recreational value points at the future level of service is 55.86, rather than the
43.00 that actually exist. Using this metric, 4.14 (60.00 - 55.86) recreational value points are eligible
to be included, because the first 12.86 (55.86-43.00) recreational value points serve to correctthe
deficiency. This results in an eligibility percentage of 22.42 percent. The full eligibility calculations
for each park type are shown in Exhibit 5'
Exhibit 5
Expansion EligibilitY
As shown in Exhibit 5, eligibility percentages range dramatically across parkcategories. However,
the future level of service approach results in equal or higher eligibility percentages for every park
category, so it will be used throughout the rest of the analysis.
lll.B.2. Lond Acquisition
There is one project that does not use the recreational value metric, Parks Land Acquisition. The City
plans to add about 20 acres to the park system over the planning period. As the City currently has
871 acres in its system, Parks Land Acquisition is 100 percent eligible, following the same level of
service calculations shown above. The list ofprojects assessed by acreage and recreational value is
shown in Exhibit 6.
FutureLevel
0.06
0.47
0,16
0.00
0.11
0.'13
0.43
73.51
0.56
18.58
7.21
60.99
21.06
0.00
14.11
16.43
55.86
20.900k
0.007"
31.69v"
49.18"t"
48.95%
14.37./o
0.00%
10.13%
8.30%
22.420/0
0.00
0.14
0.04
'1.08
0.46
3.86
0.85
0.00
0.38
0.28
2.91
0.00%
27.03"/"
45.710/o
45.47yo
8.53"/"
0.00%
4.000/0
2.05%
17 .130/.
Neighborhood
Open Space
Trail
Pocket
Special Use
Urban
Concept
Passive/Natrral
Undeveloped
1
to
7
'13
0
o
4
43
0
4
1
9
10
0
10
14
17Com
199 15.53%
New Quantity
Needed
Units per 1,000
Residents in 2026
fi'linimum 2020
QuantitYCurrent O!Added Quantity
.li> rcs GIiouP
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
page 9
Exhibit 6
Growth Benefit Projects
As can be seen, of the $38.2 million in project costs, about $12.1 million is eligible to be included in
the impact fee calculation. There is one other project list that needs to be included.
lll.B.3. Proportionote Benefit Projects
The second subset of the City's project list includes projects that will expand the capacity of the
parks system in some way without physically adding new recreational value to the parks system.
These projects are not subject to the eligibility calculations described above but are instead assumed
to benefit both existing and future users proportionately. In addition, there are projects that will not
expand the capacity of the parks system and are not eligible to be included in the impact fee cost
basis. As shown in ExhibitT, this projectlisthas atotal cost of $5'2 million.
Parks Land Acquisilion
4h and Willis Greenways
Campus Park lmprovemenb
Clark Lake Park Development 240tt
Downbwn Park Phase 1 lmprovemenF
Downbwn Place-Making Kherson
Easfidge Park Renovation
Ganison Creek Renovation
Hogan Park atRR Phase 2
Huse/Panher Lake Community Park
Kent Memorial Park Renovation
KVLT - Old Fishing Hole lmprovemenb
KVLT - Boeing Rock
KVLT - Phase 2
KVLT - Riverview
Lake Fenwick Phase 2 lmprovements
Linda Heighb Renovalion
Mill Creek Canyon Reviblizaton
Mill Creek Earhrrrnrks Renovation
Morrill Meadows Phase 2
NPRP - Cheshut Ridge
NPRP - SaltAir Visb
NPRP - Scenic Hill Park Renovation
Park Orchard Park lmprovemenb
Springurood Park Renovation
Sun Meadows
Urban
Neighborhood
Passive/Natural
Urban
Urban
Pocket
Neighborhood
Special Use
Undeveloped
Special Use
Community
Special Use
Trail
Undeveloped
Passive/NaUral
Neighborhood
Undeveloped
Community
Community
Neighborhood
Neighborhood
Neighborhood
Neighborhood
Neighborhood
100.00%
14.370/o
20.90To
10.13o/o
14.37o/o
14.37o/o
49.180/o
20,90%
48.950k
8.30%
48.95%
22.42o/o
48.95%
31.69%
8,30%
10.13To
20,90To
8.30%
22,420/o
22.42o/o
20.90Yo
20.90%
20.90Yo
20.90Y0
20.90Y0
20.900k
3,925,685
124,249
108,406
349,969
148,784
265,361
172,235
170,657
140,644
71 ,618
2,833,402
180,644
434,026
415,268
174,849
37,043
157,491
163,61 1
962,997
246,608
76,757
132,758
109,203
96,1 15
577,214
3,925,685
864,647
518,785
3,453,232
1,035,386
1,846,647
350,237
816,689
287,313
862,602
5,788,184
805,768
886,646
1,310,262
2,105,951
365,510
753,682
1,970,598
4,295,472
1 ,100,000
367,323
635,323
522,598
459,966
2,762,293
137,910 18rhood
otal Gost $38 709 31.66% $211
By Category Category Total Gost Eligibil Eligible Cost
.:i> rcs GttoLlP
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
page 10
Exhibit 7
te Benefit Pro ects
For eligible proportionate benefit projects, the eligibility percentage is the proportion oftotal future
demand (156,566 residential equivalents) that will arrive between 2020 and2026 (9,999 residential
equivalents) , or 6.39 percent. The total eligible cost basis of these projects is $5 I ,367.
III.C. IMPACT FEE COST BASIS
By adding these two fee components together, a combined impact fee cost basis of $ 12.2 million can
be calculated, as shown in Exhibit 8.
Exhibit 8
Impact Fee Cost Basis ComParison
III.D. CALCULATED IMPACT FEE
This section combines the eligible costs from the two project lists and applies adjustments for fund
balance and compliance costs. The result is a total impact fee per residential equivalent. Recall that
there is a proj ected growth of 9,999 residential equivalents in the City over the next 6 years (Exhibit
4). By dividing the 512.2 million impact fee cost basis by the growth in residential equivalents, the
impact fee per residential equivalent can be calculated, as shown in Exhibit 9.
6.39% $
0,00%
0.00%
0.00%
6.39%
0.00%
6.39%
15,047
18,289
18,031
Downtown Park Masbrplan
East Hill Operations Feasibility Study
East Hill Operations lmprovemenb
Gateway Landscape Renovalion
Masterplans
Park Lifecycle
235,608
59,853
706,445
202,394
286,367
3,438,300
$
28 323Parks and Plan
Total $1,29',1 $ 51,367
Project Total Cost Eligibility El ible Cost
Eligible cosb by category:
Proporlion ate Benefi t Projecb
Growh Benefit Projecb (bY Acreage)
51,367
3,925,685
8,178,726
$
Growfr Beneft Projecb (by Recreatonal Value)
Total eligible costs by cateogry $ 12,155,779
lmpact Fee Cost Basis
.:ir pcs GROUP
City of Kent
January 2021
EXHIBIT 1
Exhibit 9
Fee per Residential
Park lmpact Fee Study
Page 1 1
Im ivalent
Census data is then used to estimate the number of residents per dwelling unit and calculate impact
fees for residential dwelling units. For non-residential development, we provide both an impact fee
per employee and an estimate of the number of employees per 1 ,000 square feet of different types of
non-residential development.
lll.D.l . lmpoct Fee Schedule
Using data from the U.S. Census Bureau's American Community Survey, we determined that the
average single-family home in Kent has 2.700 residents, while the average multi-family dwelling unit
has 2.016 residents. We previously determined that an employee is equivalent to 0'213 residents. By
multiplying the $1,216 impact fee per residential equivalent by these numbers, the impact fee per
dwelling unit and per employee can be calculated'
Exhibit 10
Comparison of Calculated Impact Fees
Source: American C'ommunity Survey and Previous Tables
There is one further step to calculate the final impact fee schedule. As the number of employees at a
commercial enterprise can fluctuate, the City plans to charge non-residential development based on
square footage. Thus, the per employee fee must be converted to a sq. ft.-based fee, by dividing the
per employee fee calculated above by the sq. ft. per employee. This is shown in Exhibit 11. Because
different types of commercial development have different employment densities, impact fees for non-
residential developments are distinguished by land use.
Grovtth in Residential Equivalents
Total Gost Basis
9,999
Residental uivalentFee 6lm
$ 12,155,779
$1
Calculated lmpact Fee
Single Family Dwelling Unit
M ulli-Fam ily Dnelling Unit
2.700
2.016
0.213
3,282
2,451
260
$
Per Em
Land Use Category
Equivalent Residential
M ultiplier lmpact Fee
.:i> rcs GnouP
EXHIBIT 1
City of Kent
January 2021
Park lmpact Fee Study
page 12
Exhibit 11
Im Fee Schedule
Source; Snohomlsh County Buildable Lands Report and Previous Tables
lll.D.2. Comporison to Other Jurisdictions
Exhibit 12 shows how the recommended parks impact fee compares with respect to selected cities
and districts. As can be seen, the calculated impact fees are generally lower than most other
Washington jurisdictions that levy park impact fees.
Exhibit 12
Local Jurisdiction ComParison
Single-Fam ily Residenlial
Mullifamily
Manuhcturing
Wholesale, Transporbtion and Ulililies
Retail
Finance, lnsurance, and Real Estab
Services (not including food services)
Governm ent/Education
Restaurant
3,281.97
2,451.19
0.52
0.26
0,37
0.74
0.65
0.87
't.30
0.01
Ft
Ft
Ft
Ft
FI
Ft
per
per
per
per
per
per
400
300
200
$
M
Sq
Sq
Sq
Sq
Sq
nla
nla
500
1,000
per Dwelling Unit
per Duelling Unit
per Sq. Ft
per Sq, Ft
Sq. Ft. per
EmployeeParks lmpact Fee Schedule UnitFee
lssaquah
Sammamish
Kirkland
Redmond
Shoreline
Puyallup
Renbn
Covington
Auburn
Kent (calculated)
9,107 $
6,739
5,533
4,738
4,090
4,017
3,946
3,922
3,500
3,282
2,859
2,379
5,591 $
4,362
3,1 54
3,289
2,683
2,314
2,801
2,761
3,500
2,451
2,490
0.97
1.28
0.87
$
I 739Vancouver
ukwila
0.74
1.18
Parks lmpact Fee Comparison
Single Family
Residence
Office Bldg. (Per
Multi-Family sq. ft.)
';ir rcs Gl{oup
City of Kent
January 2021
EXHIBIT 1
Park lmpact Fee Study
Page 13
Section lV. IUPLEMENTATIoN
This section addresses practical aspects of implementing impact fees
IV.A. FUNDING PLAN
Even if the City implements the parks impact fees calculated previously, impact fee revenues will not
be sufficient to fund the project list. Instead, they can only be expected to fund about 28% ofthe
project list. An additional $31.3 million will need to be raised from other, non-impact fee, sources'
This is shown in Exhibit 13.
Exhibit 13
Funding Plan
IV.B. INDEXING
The City already annually indexes its transportation impact fees to the to the Engineering News-
Record Seattle Area Construction Cost Index (KMC 12.14.060 (C)). We recommend that the City
continue this practice for park impact fees as well, as it provides an adjustment to the impact fee
which at least partially responds to the cost basis over time. We also recommend that the City
continue its practice of periodically updating its impact fees to ensure that they recover the full cost
of growth's impacts on City facilities.
Resources:
Beginning fund balance
lmpact Fee revenue
Other Needed Revenue
Total resources
Requirements:
Project list (bbl cos$
Ending fund balance
,000
$
$
$ 43,440,000
$ 43,440,000
Tohl
12,155,779
31,284,221
Funding Plan
.lir rcs {llt{)LIP
EXHIBIT 2
INITIAL
Park lmpact Fee Schedule
Park lmpact Fee Schedule 2021 Fee
* Park lmpact Fees are subject to an Administrative Fee
Unit
Sq. Ft. Per
Employee
Single-Fa mily Residential S s,zst.gt per Dwelling Unit n/a
Multifamily s 2,45L.t9 per Dwelling Unit n/a
Manufacturing S o.sz per Sq. Ft.500
Wholesale, Transportation and Utilities S o.zs per Sq. Ft.1000
Retail s 0.37 per Sq, Ft.700
Finance, lnsurance and Real Estate 5 o.tq per Sq. Ft.350
Services (not including food service)5 o.6s per Sq. Ft.400
Government/Education S o.sz per Sq. Ft.300
Restau ra nt s 1_.30 per Sq. Ft.200
Mini-storage S o.or per Sq. Ft.20,000
.1 WRI-
RudiAlcott
Vice President, Advertising
Subscribed and sworn to me this l-9fr day of March' 202L.
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Rudi Alcott, being first duly sworn on oath that he is the
Vice President of Advertising for Sound Publishing,
which publishes the
was published on March L9,2O2L
The full amount of fee charged for said foregoing publication is the
sum of
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been fol more ihan 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 Reporier has been uppron."d as a Legal Newspaper by order of
the SuperiorLourt of the State of Washingtonfor King County'
The notice in the exact form annexed waJpublished in regular issues of
ifr.-X.n,- Covington Reporter (and not in iupplement form) which was regularly
distributed to its subscribers duiing the below stated period. The annexed
notice, a:
Public Notice #KENs2221e
otary Public for the State of Washington, Residing in
Washington
mSfA&J,
fterm
Classified Proof
CITYOF KE}IT
floncE oF
ORDI}IANCES
PASSEDBYTHE CTTYcouNctL
The following are surFrnsries of ordinanms
passed by the Kent CityCouncil on March 16.
?J21
ORDII{AI{CE NO. .1397
-AN ORDi'IANCE of the
City Councit of the Ctuof Keni, UAsrringtod,
arnending Chapter 12. 14of the Kent City Code.entitled "TraftsDortation
lmpact Fees" to'incorpo-
rate a new rate sludv forkansporlation lm-pact
fees and updale other
subs€clions accordinofu
Thb ordinance shall t-a{e
effect and be in force 30
days fiom and after itspassage as provided bv
law.
ORDINANCE NO. 4398
-AN ORDINANCE ofrhe
City Council of the Citvof Kenl, Ubshingfori,
am€nding Chapter 12.04
of lhe Kent City Code to
revise recreation facility
requrrerents for subdivi-
sions of 20 or npre
dwelling units, amendino
seclion 15.09.045 ot th;
Kenl City Code lo incor-porate desbn and con-
structioE guidelines {oropen and recrealionspace, and crealinoChapter 12.16 to thdKent City Code to im-pose park inpact feeson development ac-
tivities
This ordinance shali take
effect and be in torce 30
days from and after its
passage, as provided bvlaw
ORDINANCE NO. 44OO
-AN ORDINANCE oflhe
City Council of the Citvof Kent. Washing:ton, r;
lated to desbn and con-
Proofed by Jennifer Tribbett, 03/17/2021 1 l:0g:3 I am Page:2
Classified Proof
struction standards for
infrastructure improve-
rnents, repealillg Ordi-
nance No. 3927 and
ar|.€nding Chapter 6.02
of $e Kent CitY CoCe
entitled'Required Public
imDrovements."
Th'is ordinance shall take
effect and be in force 30
days from and after its
paisage, as Provided bY
law.
A copy of the compiete
t€xt of any ordinance wrll
be mailed upon request
of the Citv Cletk.
Kimbedey A. Kcmcio.
Citv Clerk
Kk6nioto@Keni\rJA gov
253€56-5725
#922219
a3119t21
Proofed by Jennifer Tribbett, 0311712021 l1:08:31 am
Page:3