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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