HomeMy WebLinkAbout4403ORDINANCE NO. 4403
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Section
L2.L4.O5O of the Kent City Code, entitled
"Transportation Impact Fee Assessment" to update
the maximum transportation impact fee rate'
RECITALS
A, On March L6, 2O2L, City council adopted ordinance 4397
updating the Transportation Impact Fee Program (TIF)'
B, Ordinance 4397 contained a clerical error in Section L2.L4.O50
stating that the maximum transportation impact fee rate shall be sixty-five
(65) percent of the maximum amount; the correct rate is fifty-five (55)
percent,
C. The purpose of this ordinance is to correct the error made in
Section L2.L4.O50.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Amend KCC 72.74.O5O
Re: TransPortation ImPact Fees
1
ORDINANCE
9ECTION 7. - Amendment KCC 12.14.050. section L2't4'O50 0f the
Kent city code entitled "Transportation Impact Fee Assessment," is
amended as follows:
sec. 12.14,O5O. Transportation Impact Fee Assessment.
A. The city shall assess transportation impact fees, based on the rates
published pursuant to KCC L2.L4.L}O, from any applicant seeking
development approval from the city for any development activity within the
city, when such development activity requires the issuance of a building
permit or a permit for a change in use, and creates a demand for additional
public facilities.
B, Maximum transportation impact fees are established by the rate
study. The rate shall be sixtyflfty-five (655) percent of the maximum
amount.
C. On January 1st of each calendar year, the director shall increase or
decrease the fees by an amount equal to the percentage increase or
decrease in the Construction Price Index for Seattle-Tacoma-Bremerton for
the previous twelve (tZ) month period beginning on October lst and
extending through September 3Oth.
D. When a transportation impact fee, pursuant to subsection (A) of this
section, applies to a change of use permit, the transportation impact fee
shall be assessed for the land use category of the new use, less any
transportation 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
Amend KCC 72.74.O5O'
^e: TransPortation rmPactFees
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 park," or "specialty retail") should not be
considered a change in use that is subject to a transportation 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 transportation impact fee' Vacant
buildings shall be assessed as if in 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'
E. For mixed use developments, transportation impact fees shall be
assessed for the proportionate share of each land use, based on the
applicable measurement in the transportation impact fee rates published
pursuant to KCC I2.I4.L80'
F, Transportation 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 transportation impact fees then in effect. Transportation
impact fees shall be due and payable before the building permit or permit
for a change of use is issued by the city.
G. The director may adjust the transportation impact fees at the time
the fee is due and payable to consider any unusual circumstances to help
ensure that impact fees are assessed fairly'
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
Amend KCC 72.74.O5O
Re: TransPortation ImPact Fees
3
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect'
'E?TION
g, - Corrections by city clerk or code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations'
SECTION 4. - Effective Date. This ordinance shall take effect and be
in force thirty days from and after its passage as provided by law'
T
DANA RALPH,R
ATTEST:
KIMBERLEY A.OMOTO, CITY CLERK
APPROVED AS TO
FITZPATRICK, CIry ATTORN EY
Mav 18. 2O2I
Date Approved
Mav 18. 2021
Date Adopted
Mav 2L, 2O2t
Date Published
Amend KCC 72.74.O5O
Re: TransPortation ImPact Fees
4
Uv?L
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
Kent RePorter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has beln fo. -o..ihun six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in t<ing County' Wa-shington' The
Kent- Covington Reporter has been upprou.l as a Legal Newspaper by order of
the Superio, Court oi th. State of Washington for King County'
The notice in the exact form annexed was published in-regular issues of
the Kent- Covington Reporter (and not in supplement form) which was regularly
distributed to its subscrifers during the below stated period' The annexed
notice, a:
Public Notice #KENs2736o
was published on MaY 21'202I
The full amount of ttre fee charged for said foregoing publication is the
sum of
Rudi Alcott
Vice President, Advertising
Subscribed and sworn to me this 21't day of May'202L
Public for the State of Washington, Residing in
Washington
{tSTa,qp.
Pu&re
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE
clTY COUNCIL
The following are sum-
maries of ordinances
oassed bv the Kent CitY
bouncil 'on MaY 18,
2021.
ORDINANCE NO. 4403
- AN ORDINANCE ofthe
Citv Council of the CitY
of ' Kent. Washington,
amending Section
12 14.050 of the Kent
Citv Code. entitled
"Trinsportation lmpact
Fee Assessmenf'to uP-
date the maximum trans-
portation imPact fee rate
This ordinance shall take
effect and be in force 30
davs from and after its
palsage as Provided bY
law.
ORDINANCE NO. 4404
- AN ORDINANCE of
the Citv Council of the
Citv of' Kent, Washing-
ton, approving the con-
solidating budget adjust-
ments made between
Januarv 1, 2021 and
March 31, 2O21, reflect-
ino an overall budget in-
crEase of $5.509,571.
This ordinance shall take
effect and be in force
five days after Publica-
tion, as provided bY law.
A coov of the complete
text df'anv ordinance will
be mailed upon request
of the CitY Clerk.
Kimberley A. Komoto,
Citv Clerk
Kk6moto@ KentWA'gov
253A56-5725
# 927360
5t21t21
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