ORD 11-710ORDINANCE NO. 11-710
AN ORDINANCE of the City of Federal Way, Washington, relating to
Transportation Impact Fee (TIF�; and adding new sections to chapter
19.91 FWRG (Amending Ordinance Nos. 09-62'�
WHEREAS, the City established chapter 19.91 FWRC authorized by Chapter 82.02 RCW to
require development within the City to pay a proportionate share of the cost of new facilities to serve
new development activity through the assessment of impact fees; and
WHEREAS, the City Council finds that due to the current economic conditions development
within the City has been slow creating vacancy rate of up to 35%; and
WHEREAS, the Council finds that it is in the public interest to amend the FWRC
establishing a temporary suspension of the transportation impact fee for changes in use to encourage
and promote development activity; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section l. Chapter 19.91 of the Federal Way Revised Code is hereby amended to add a
new section 19.91.065 to read as follows:
1991.065 Temporarv suspension of transportation impact fees relatin� to chanEe in use
Notwithstanding anv other provision of this chapter, the City temporarilv suspends the
imposition of transportation impact fees to the extent the assessment of the fee is the result of a
chan�e to a land use cate� that results in a hi�her fee. This Section shall not appl�o a project
that expand the �ross floor area of an existing building; and provided that this Section applies
onlv to the use, renovation or remodeling of existin� structures and does not appl ��to
redevelopment projects in which existing structures are replaced. This Section shall apply to
projects for which complete buildin�applications are filed with the City between the effective
date of this ordinance and December 31, 2014. This Section shall automaticallv expire on
December 31, 2014.
Ordinance No. l l-710 Page 1 of 3
Section 2. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
Ordinance No. 11-710 Page 2 of 3
PASSED by the City Council of the City of Federal Way this 6 day of December, 2011.
ATTEST:
CITY OF FEDERAL WAY
��
I .
� • ' �`I. . . �
► _
CITY CLERK, CARO MC Y, CMC
APPROVED AS TO FORM:
` �C % � ��t'��
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-8-2011
PASSED BY THE CITY COUNCIL: 12-6-2011
PUBLISHED: 12-10-2011
EFFECTNE DATE: 1-9-2012
ORDINANCE NO.: 11-710
Ordinance No. 11-710 Page 3 of 3