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Home My WebLink About4507 ORDINANCE NO. 4507 AN ORDINANCE of the City Council of the City of Kent, Washington, amending Sections 12.13.160, 12.13.170, and 12.15.130 of the Kent City Code to adjust the school and fire impact fee schedules used for assessing impacts associated with new construction. 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 assessed against new construction and collected and spent only for those public facilities that are addressed by the Capital Facilities Plan Element of the City's Comprehensive Plan. Therefore, in order for the City to collect impact fees against new construction to be spent by area school districts and the fire authority that serve Kent residents, the City must adopt those public agencies' capital facilities and capital improvement plans into the City's Capital Facilities Plan Element. B. Chapters 12.13 and 12.15 of the Kent City Code (KCC) require that capital facilities and capital improvement plans be submitted to the City of Kent by area school districts and the regional fire authority 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 1 School and Fire Impact Fees - 2025 area school districts serving Kent residents and the Capital Improvement Plan submitted by the Puget Sound Regional Fire Authority. C. The Kent, Federal Way, and Highline School Districts, along with the Puget Sound Regional Fire Authority, have requested amendments to the text of Kent City Code to reflect proposed changes to impact fees assessed against new construction. RCW 82.02.050 through 82.02.110 require that impact fees only be imposed for new or expanded capital facilities to directly address the increased demand for services created by new development. Impact fees cannot be used to correct existing deficiencies, nor can they be used to pay for operating expenses. Further, due to the City of Auburn's annexation of the Bridges Neighborhood, the Auburn School District no longer serves Kent residents, and for that reason it is appropriate to remove it from reference in the Kent City Code. D. On October 11, 2024, 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 its new 2044 Comprehensive Plan and Chapters 12.13 and 12.15 of the KCC, which is 60 days before the City Council considered final adoption of the ordinance adopting the 2044 Comprehensive Plan, including its Capital Facilities Element, and this ordinance adjusting impact fees. E. Public hearings were held before the Land Use and Planning Board on November 12, 2024, and the City Council on November 19, 2024, concerning the City's periodic update to the Comprehensive Plan, which includes as Appendices J, K, L, M, and N, respectively: (1) the Capital Facilities Plans of the Kent, Federal Way, and Highline School Districts, and (2) the Capital Improvement Plan for Puget Sound Regional Fire Authority. After evaluating all public comments and the recommendations made by staff, the City Council approved by ordinance the periodic update to the Comprehensive Plan and its appendices. However, in order to implement the impact fee changes provided for by the updated 2044 Comprehensive 2 School and Fire Impact Fees - 2025 Plan and its Capital Facilities Element, it is necessary to amend the impact fee sections of the KCC. F. The Capital Facilities Element of the City's Comprehensive Plan impacts the biennial budget process due to related capital projects. Further, because the amendments to the Comprehensive Plan coincide with its periodic update, additional time was needed to finalize revisions before the final 2044 Comprehensive Plan could be provided to Council for its consideration. Because this ordinance related to impact fees is being considered by Council on December 10, 2024, and because most ordinances may only take effect 30 days after they are adopted in accordance with RCW 35A.11.090, it is necessary for Council to adopt this ordinance on an emergency basis in order for it to be in effect on January 1, 2025, which requires unanimous adoption. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Amendment. Section 12.13.160 of the Kent City Code, related to school impact fees and 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 District Single-Family Multifamily Multifamily Studio Kent, No. 415 $0 $0 $0 Federal Way, No. 210 $0 8_0 $0 . 5,95;z $9,913 3 School and Fire Impact Fees - 2025 FHighline, No. 401 $0 $0 $0 SECTION 2. - Amendment. Section 12.13.170 of the Kent City Code, related to school impact fees and entitled "Maximum allowable fees", is hereby amended as follows: 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 -59 11 093 for single-family dwelling units and a maximum of $11, i-3-711,1 -998 for multifamily dwelling units for 20242025. SECTION 3. - Amendment. Section 12.15.130 of the Kent City Code, related to fire impact fees and entitled "Base fee schedule", is hereby amended 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 11;�:90$2,407.85 per unit Multi-Family ,1 '-'n'� "._89$2,562.32 per unit Commercial Industrial $2.1441.41 per square foot Assisted Care $2.06$1.27 per square foot 4 School and Fire Impact Fees - 2025 Hospital Medical Facility Education 0.38 per square foot Assembly $1 0.71 per square foot Other Facilities $1.8§ 1.30 per square foot Common Space SECTION 4. - 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 5. - 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 6, - Effective Date. This City Council finds and declares that an emergency exists which necessitates that this ordinance become effective immediately in order to preserve the public health, safety, and welfare. This ordinance, having been adopted by a unanimous vote of the City Council, shall become effective immediately upon passage. Further, the provisions of this ordinance shall be implemented and applied at 12:00 a.m. on January 1, 2025. The City Clerk is directed to publish a summary of this ordinance at the earliest publication date. Until 12:00 a.m. on January 1, 2025, the existing provisions of the Kent City Code amended by this ordinance shall remain in effect. i December 10, 2024 DANA RALPH, MAY Date Approved 5 School and Fire Impact Fees - 2025 ATTEST: JAI December 10, 2024 KIMBERLEY tIMOTO, CITY RK Date Adopted December 13, 2024 Date Published APP OVED AS TO FORM: 8E� TA WHITE, CITY ATTORNEY 6 School and Fire Impact Fees - 2025 School Impact Fees History 2005 - Present Sin le-FamilyMultifamil Kent Federal Way Auburn* Kent Federal Way Auburn* 2025 $0 0 N/A 2025 0 0 N/A 2024 0 0 $5,957.02 2024 0 $6,998.00 $9,913 2023 $0 $0 $7,963 2023 $0 $0 $9 913 2022 $5,818 $1,845 $3,652 2022 $2,458 $9,450 $8,938 2021 $5,693 $3,243 $6,456 1 2021 $2,405 $16,003 $16,326 2020 $5 554 $5.,035 $6 905 2020 $2,345 $20,768 $14 667 2019 $5,397 $7,221 $5,716 2019 $2,279 $19,454 $4,488 2018 $5 235 $6 842 $3 322 2018 $2 267 $20 086 $2,081 2017 $5,100 $3,198 $5,469 2017 $2,210 $8,386 $1,640 2016 $4,990 $2,899 $5,331 2016 $2,163 506 $2,625 2015 $5 486 5,171 $4 137 2015 $3,378 $1 834 $3 518 2014 $5,486 $5,363 $5,399 2014 $3,378 $1,924 $3,388 2013 $5 486 $4 014 $5 512 2013 $3 378 $1 381 $3,380 2012 5,486 $4,014 $5,557 2012 $3,378 $1,253 $2,305 2011 $5,486 $4,014 $5,266 2011 $2,172 1 518 2010 $5,394 $3,832 $5,433 2010 $3,322 $2,114 $1,185 2009 $5,304 $4,017 $5,375 2009 $3,266 $1,733 877 2008 $5 110 $3 883 $5 361 2008 $3,146 $1,647 $466 2007 4 928 3 018 5 657 2007 3 034 856 1 228 2006 4 775 3 393 5 681 2006 $2,940 895 $1,536 2005 $4,056 $2,868 $5,297 2005 $1 762 905 $1,832 *Since"The Bridges" neighborhood was annexed to Auburn (effective January 1, 2024), properties within Kent City limits are no longer within the Auburn School District boundaries. Note: The maximum allowable fee this year is set at $11,093 for single-family dwelling units and a maximum of $11,998 for multifamily dwelling units. This number is updated annually to match the change in construction cost index in the Seattle area (which was 3.1% this year). Kent Reporter Affldavit of Publication CState of Washington} County of King } ss Amanda Kahlke being first duly swom, 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 KEN1006429 ORDS 4504- 4511 as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of i issue(s), such publication commencing on 12/13/2024 and ending on 12/13/2024 and that said newspaper was regularly distributed to its subscribers during all of said period. The amou bfiae for such publication is S316.04. Subscribed and sw before me on this E3 day of r � 2• s? � �y L,tW4tic in and for the State of Washington, pr, A •_�+��c�� Oly of Ke.t.City Clerk-LF.GALADS[G431432 //� ' •-•tiq'�\4� UM KOMOTO !lilrrf f�1111��