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HomeMy WebLinkAbout4477 ORDINANCE NO. 4477 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Sections 12.13.040, 12.13.130, 12.13.160, 12.13.170, and 12.15.040 of the Kent City Code, and adding a new section 12.15.130 to the Kent City Code, to adjust the school and fire impact fee schedules. RECITALS A. The City of Kent has adopted a fire and school impact fee program as authorized by the State Growth Management Act (GMA) and RCW 82.02.050 and RCW 82.02.060. Impact fees may be collected and spent only for the public facilities which are addressed by the Capital Facilities Plan Element of the City's Comprehensive Plan. B. In order to collect fire impact fees to be spent by the Puget Sound Regional Fire Authority (RFA), the City must adopt the RFA's Capital Improvement Plan into the City's Capital Facilities Plan Element. C. In order to collect school impact fees to be spent by the school districts, the City must adopt the schools' Capital Facilities Plans into the City's Capital Facilities Plan Element. D. Chapters 12.13 and 12.15 of the Kent City Code (KCC) require that plans be submitted to the City of Kent on an annual basis for City Council review, and that this review must occur in conjunction with any update of the Capital Facilities Element of the City's Comprehensive Plan. The City Council has reviewed the Capital Facilities Plans submitted by the 1 Kent City Code Amendment School and Fire Impact Fees school districts and the Capital Improvement Plan submitted by the Puget Sound Regional Fire Authority. E. The Kent, Federal Way, Highline, and Auburn School Districts have requested amendments to the text of Kent City Code to reflect proposed changes to impact fees. F. The Kent School District has requested an amendment to the text of the Kent City Code to allow impact fees to be imposed on and used for previously incurred system improvement costs made for the benefit of new growth and development, all as consistent with RCW 82.02.060(9). G. On May 16, 2023, City Council adopted Ordinance No. 4464, relating to the regulation of accessory dwelling units. This ordinance amended transportation and parks impact fees for consistency with new state laws and to incentivize construction of accessory dwelling units. H. This ordinance amends fire and school district impact fees to align with Ordinance No. 4464. I. On September 22, 2023, the City provided the required 60-day notification under RCW 36.70A.106 to the State of Washington of the City's proposed amendment to the Capital Facilities Element of the Comprehensive Plan and Chapter 12.13 of the KCC. The 60-day notice period passed on November 21, 2023. J. After a public hearing before the City Council on October 17, 2023, the City Council on November 21, 2023, approved Comprehensive Plan Amendments to include: (1) the Capital Facilities Plans of the Kent, Federal Way, Auburn, and Highline School Districts, and (2) the Capital Improvement Plan for Puget Sound Regional Fire Authority. K. In order to implement the plans referenced above, it is necessary to amend the impact fee sections of KCC. 2 Kent City Code Amendment School and Fire Impact Fees NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 12.13.040 of the Kent City Code, entitled 'Exemptions," is hereby amended as follows: Sec. 12.13.040. Exemptions. A. The following development activities are exempt from the requirements of this chapter: 1. Low-income housing as follows: a. Low-income housing projects that are constructed by public housing agencies or private nonprofit housing developments. b. Low-income residential units, rented or purchased, that are dedicated and constructed by private developers. 2. Shelters or dwelling units for temporary placement, which provide housing to persons on a temporary basis for not more than two (2) weeks. 3. Construction or remodeling of transitional housing facilities or dwelling units that provide housing to persons on a temporary basis for not more than twenty-four (24) months, in connection with job training, self- sufficiency training and human services counseling, the purpose of which is to help persons make the transition from homelessness to placement in permanent housing. 4. Any form of housing for the elderly, including nursing homes, retirement centers, and any type of housing units for persons age fifty-five (55) and over, which have recorded covenants or recorded declaration of restrictions precluding school-aged children as residents in those units. 5. Rebuilding of legally established dwelling unit(s) destroyed or 3 Kent City Code Amendment School and Fire Impact Fees damaged by fire, flood, explosion, act of God or other accident or catastrophe, or remodeling of existing legally established dwelling unit(s), provided that such rebuilding takes place within a period of one (1) year after destruction, and so long as no additional dwelling units are created. 6. Condominium projects in which existing dwelling units are converted into condominium ownership and where no new dwelling units are created. 7. Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act. 8. Any development activity for which school impacts have been mitigated pursuant to a condition of plat or PUD approval to pay fees, dedicate land or construct or improve school facilities, unless the condition of the plat or PUD approval provides otherwise: provided that the condition of the plat or PUD approval predates the effective date of fee imposition. 9. Any development activity for which school impacts have been mitigated pursuant to a voluntary agreement entered into with the district to pay fees, dedicate land or construct or improve school facilities, unless the terms of the voluntary agreement provide otherwise provided that the agreement predates the effective date of fee imposition. 10. Construction of an accessory residential structure, including the first accessory dwelling unit (ADU) under KCC 15.08.350, as it is considered part of the single-family use associated with this fee. Subsequent ADU permits shall be charged 50% of the single-family unit impact fee. B. For purposes of this section, a low-income housing project unit or a low-income residential rental unit is one that has a maximum rent and a maximum income level for tenants equal to or less than fifty (50) percent of the countywide median household income, adjusted for household size. A low-income residential purchased unit is one that has a sales price of one 4 Kent City Code Amendment School and Fire Impact Fees hundred thirty thousand dollars ($130,000) or less for single-family houses, and ninety-five thousand dollars ($95,000) or less for multifamily units. These maximum sale prices shall be adjusted by the Seattle CPI-U consumer price index each year, with 1992 being the base year. The purchaser's family income cannot exceed eighty (80) percent of the countywide median household income, adjusted for household size. C. When a low-income purchased unit has received a building permit, the director of the finance department shall record a notice of the exemption and the income qualification requirements for such unit with the King County auditor. D. When a low-income purchased unit is sold or rented to a person who does not qualify as a low-income purchaser or tenant, an amount equal to the impact fee on the date of the sale or rental shall be paid by the seller or the property owner to the city. E. The director of the planning department shall review requests for exemptions from impact fees under subsection (A) of this section pursuant to criteria and procedures adopted by administrative rule, and shall advise the developer in writing of the granted or denial of the request. In addition, the director shall notify the school district of all applications for exemption when they are received and shall notify the school district when such requests are granted or denied. F. Impact fees for low-income housing and other development activities with broad public purposes pursuant to RCW 82.02.060(2) shall be paid from public funds. The impact fees for these units shall be considered paid for by the school district through its other funding sources, without the district actually transferring funds from its other funding sources into the 5 Kent City Code Amendment School and Fire Impact Fees impact fee account. SECTION 2. - Amendment. Section 12.13.130 of the Kent City Code, entitled "Impact fee accounts and refunds," is hereby amended as follows: Sec. 12.13.130. Impact fee accounts and refunds. A. Impact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by the district solely for the district's school impact fees. All interest shall be retained in the account and expended for the purpose or purposes for which impact fees were imposed. Annually, the district, based in part on its report prepared pursuant to KCC 12.13.060, shall prepare a report on the impact fee account showing the source and amount of all monies collected, earned, or received, and capital or system improvements that were financed in whole or in part by impact fees. The district shall submit a copy of this report to the city council. The city shall maintain separate school impact fee and administration fee accounts pursuant to KCC 12.13.110, and shall prepare a report on the source, and amount of all school impact fees collected and transferred to the district. B. Impact fees for the district's system improvements shall be expended by the district only in conformance with the capital facilities plan element of the comprehensive plan. Subject to the foregoing, impact fees may be used to recoup costs for system improvements previously incurred to the extent that new growth and development will be served by the previously constructed system improvements. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of system improvements, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that system improvements 6 Kent City Code Amendment School and Fire Impact Fees I provided are consistent with the requirements of this chapter and are used to serve the new development. C. Impact fees shall be expended or encumbered by the district for a permissible use within six (6) years of receipt by the district, unless there exists an extraordinary or compelling reason for fees to be held longer than six (6) years. Such extraordinary or compelling reasons shall be identified to the city by the district in a written report. The city council shall identify the district's extraordinary and compelling reasons for the fees to be held longer than six (6) years in the council's own written findings. D. The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six (6) years of receipt of the funds by the district on school facilities intended to benefit the development activity for which the impact fees were paid. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. The district shall notify potential claimants by first class mail deposited with the United States postal service addressed to the owner of the property as shown in the county tax records. E. An owner's request for a refund must be submitted to the district in writing within one (1) year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any impact fees that are not expended or encumbered by the district in conformance with the capital facilities plan within these time limitations, and for which no application for a refund has been made within this one (1) year period, shall be retained and expended consistent with the provisions of this section. Refunds of impact fees shall include any interest earned on the impact fees. 7 Kent City Code Amendment School and Fire Impact Fees F. Should the city seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. 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 the refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claimants by first class mail addressed to the owner of the property as shown in the county tax records. 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 district, but must be expended by the district, consistent with the provisions of this section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances with the account or accounts being terminated. G. A developer may request and shall receive a refund, including interest earned on the impact fees, when: 1. The developer does not proceed to finalize the development activity as required by statute or city code including the International Building Code, the International Residential Code, or other applicable building codes, as adopted and amended in Ch. 14.01 KCC; and 2. No impact on the district has resulted. "Impact" shall be deemed to include cases where the district has expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the district has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, 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 shall be eligible for a credit. The owner must petition the district and provide receipts of impact fees paid by the owner for a development of the same or 8 Kent City Code Amendment School and Fire Impact Fees substantially similar nature on the same property or some portion thereof. The district shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in KCC 12.13.120 above. H. Interest due upon the refund of impact fees required by this section shall be calculated according to the average amount received by the district on invested funds throughout the period during which the fees were retained. SECTION 3. - Amendment. Section 12.13.160 of the Kent City Code, entitled "Base fee schedule," is hereby amended as follows: Sec. 12.13.160. Base fee schedule. The following fee shall be assessed for the indicated types of development: School Single-Family Multifamily Multifamily District Studio Kent, $0 $0 $0 No. 415 Federal $0 $-8 $6,998 $0 Way, No. 210 Auburn, $7,963.0Q $5,957 $9,913 $0 No. 408 Highline, $0 $0 $0 No. 401 SECTION 4. - Amendment. Section 12.13.170 of the Kent City Code, entitled "Maximum allowable fees," is hereby amended as follows: 9 Kent City Code Amendment School and Fire Impact Fees Sec. 12.13.170. Maximum allowable fees. School impact fees provided by this chapter shall be assessed based on the calculation set forth in KCC 12.13.140, unless they exceed a maximum allowable fee as set forth in this section. There shall be an increase in the maximum allowable fee each year by the same percentage as the percentage change in the previous calendar year's average monthly Engineering News Record (ENR) Seattle Area Construction Cost Index values, relative to the corresponding average monthly ENR Construction Cost Index values for the preceding year, as calculated from August 1st through July 31st. The maximum allowable fee is set at $10,446 $10,759 for single-family dwelling units and a maximum of $11,298 $11,637 for multifamily dwelling units for 20232024. SECTION 5. - Amendment. Section 12.15.040 of the Kent City Code, entitled "Exemptions," is hereby amended as follows: Sec. 12.15.040. Exemptions. A. The following development activities are exempt from the requirements of this chapter: 1. Shelters or dwelling units for temporary placement, which provide housing to persons on a temporary basis not exceeding two weeks; 2. Rebuilding or remodeling of a legally established structure destroyed or damaged by fire, flood, explosion, act of nature or other accident or catastrophe; provided, that a building permit for the rebuilding or remodeling is issued within one year after the damage or destruction occurs. The exemption shall not apply to any additional structure or expansion of the original square footage that is proposed to be built on the same tax parcel on which the structure that was damaged or destroyed is 10 Kent City Code Amendment School and Fire Impact Fees being rebuilt or remodeled; 3. Projects in which existing dwelling units are converted into condominium ownership and where no new dwelling units are created; 4. Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100(1), as amended; 5. Any development activity for which fire impacts have been mitigated pursuant to a voluntary agreement entered into with the RFA to pay fees, dedicate land or construct or improve fire protection facilities; provided, that the agreement predates the effective date of fee imposition; 6. Any development of 200 square feet or less that does not use or store hazardous materials that would create a life safety risk; 7. Alteration of an existing nonresidential structure that does not expand the useable space and that does not involve a change in use; 8. Demolition of or moving an existing structure within the city from one site to another; 9. Miscellaneous improvements that do not create additional demands and need for fire protection facilities, including, but not limited to, construction of accessory structures, as defined in KCC 15.02.005, fences, walls, swimming pools and signs; 10. Alteration, expansion or remodeling of an existing dwelling or accessory residential structure where the use is not changed; 11. Construction of an accessory dwelling unit en a paFeel with an existing single fangily dwelling unit� pFevided, hewever-, that this shall enly residential structure including the first accessory dwelling unit (ADU) under 15.08.350, as it is considered part of the single-family use associated with this fee. Subsequent ADU permits shall be charged 50% of the single-family unit impact fee; and 12. A development permit for a city project. 11 Kent City Code Amendment School and Fire Impact Fees B. Pursuant to RCW 82.02.100(2), where automatic fire sprinklers are installed in single-family residential occupancies, a reduced fee equal to 70 percent of the impact fee shall serve to mitigate the costs of needed EMS and rescue resources. C. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this chapter, or is exempt pursuant to other applicable law. Determinations of the director shall be subject to the appeals procedures set forth in KCC 12.15.110. SECTION 6. - New Section. A new Section 12.15.130 of the Kent City Code, entitled "Base fee schedule," is hereby enacted as follows: Sec. 12.15.130. Base fee schedule. The following fee shall be assessed for the indicated types of development: Land Use Type Impact Fee Single Family $1,713.96 per unit Multi-Family $2,279.89 per unit Commercial Industrial $2.14 per square foot Assisted Care $2.06 per square foot Hospital Medical Facility Education $0.61 per square foot Assembly $1.15 per square foot Other Facilities $1.85 per square foot Common Space SECTION 7. - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are 12 Kent City Code Amendment School and Fire Impact Fees 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. SECTIONS. - SeverabilitY. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision will not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 9. - Effective Date. This ordinance shall take effect and be in force 30 days from and after its passage, as provided by law. November 21, 2023 DANA RALPH, MAY Date Approved ATTEST: OL� A , V j November 21, 2023 KIMBERLE A. KOMOTO, 6nYCLERK Date Adopted November 24, 2023 Date Published APP OVED AS TO FORM: 41q HITE, CITY ATTORNEY 4:'a ,�a o-e gaa1 TS 13 Kent City Code Amendment School and Fire Impact Fees 4 Kent Reporter Affidavit of Publication State of Washington } County of King } ss Rudi Alcott being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Kent Reporter a weekly newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a weekly newspaper in King County, Washington and is and always has been printed in whole or part in the Kent Reporter and is of general circulation in said . County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of King County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of KEN987743 ORDS 4474- as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 11/24/2023 and ending on 11/24/2023 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is S244.17. Subscribed and sworn before me on this day of Vl 7' Q2, ETA R '; ,..e _ Public in and for the State of P AC a 2 z Washington. "tA�s City,fKmt.City Clerk-LEGALADS 15033143' KMI KOMO ro !1 d Classified Proof CITY OF KENT NOTICE OF ORDINANCES PASSED 13Y THE KENT CITY COUNCIL The following are sum maries of ordinances passed by the Kent City Council on November 21,2021 ORDINANCE NO. 4474 -AN ORDINANCE of the City Council of the City of Kent, Washington, amending various sec- tions of Chapter 3.70 of the Kent City Code,enti- tled "Public Contracting and Procuremenr to add options for the procure- ment of public works; to recod'tfy ShoWare Cen- ter purchasing authority for clarity; to delegate the authorization of cer- tain software renewals to the Mayor,and to dele- gate the authorization of insurance contracts and renewals to the Mayor. This ordinance shall take effect and be in force thirty days from and after its passage as provided by taw. ORDINANCE NO. 4475 -AN ORDINANCE of the City Council of the City of Kent,Washington,ap- proving the consolidating budget adjustments made between July 1, 2023 and September 30, 2023.reflecting an over- all budget increase of $4,079,264. This ordi- nance shall take effect and be in force five days after publication,as pro- vided by law,. ORDINANCE NO. 4476 -AN ORDINANCE of the City Council of the City of Kent, Washington, amending the Kent Comprehensive Plan and its Capital Facilities Element to reflect a six- Proofed by Jennifer Tribbett,02/20/2024 02:22:45 pm Page:2 Classified Proof year plan for capital im- provement projects, the six-year Capital Im- provement Plan of the Puget Sound Regional Fire Authority, and the six fear Capital Facilities Plans of the Kent. Au- bum Federal Way, and Highiine School Districts (2024-2029). This ordi- nance shall take effect and be in force 30 days from and after its pas- sage, as provided by law. ORDINANCE NO. 4477 -AN ORDINANCE of the City Council of the City of Kent, Washington, amending Sections 12.13.040, 12.13.130, 12,13.160, 12.13.170, and 12.15.040,and add- ing new section 12.15.130 of the Kent City Code to adjust the school and fire impact fee schedules.This ordi- nance shall take effect and be in force 30 days from and after its pas- sage, as provided by law. ORDINANCE NO. 4478 -AN ORDINANCE of the City Council of the City of Kent, Washington, levying 2023 property taxes for the second year of the 2023-2024 biennial budget for the City of Kent This ordi- nance shall take effect and be in force five days after the date of its pubit- cation as provided for by RCW 35A.11.090 and RCW 35A.12.130; how- ever, the property tax levied through this ordi- nance shall not be as- sessed for collection un- til January 1,2024. ORDINANCE NO. 4479 -AN ORDINANCE of the City Council of the City of Kent.Washington,re- lating to the mid biennial review and modification of the 2023-2024 bienni- al budget as required by RCW 35A.34.130 and Ordinance No. 4451; adopting certain modifi- cations to the 2024 bud- get;and establishing an effective date.This ordi- nance shall take effect and be in force five days after he date of its publi- cation as provided for by RCW 35A,11.090 and RCW 35A.12.130; how- ever,the budget author- ized through this or& nance shall be effective January 1,2024, A copy of the complete text of any ordinance will be mailed upon request of the City Clerk. Kimberley A. Komoto, City Cleric Kkorrmto,`Z�KeMWA.gov 253-856-5725 #987743 11/24123 Proofed by Jennifer Tribbett,02/20/2024 02:22:45 pm Page:3