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-
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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
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