HEX #19-003 Order on Request for Clarification DecisionBEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: Creekside Commons
ORDER ON REQUEST FOR
18-100740-UPZ CLARIFICATION
By motion dated October 31, 2019 the Applicant has requested that Condition 9 to the
October 24, 2019 hearing examiner decision approving the above -captioned project be revised to
pre -determine that the project qualifies for the single-family home rate under the City's school
impact fee ordinance. The request is denied. The assessment of school impact fees is subject to a
separate and future decision that is not vested by the City subdivision ordinance. See New Castle
Invs. v. City ofLaCenter, 98 Wn. App. 224 (1999); FWRC 19.95.050(2)(school impact fees shall
be collected when building permits are issued, "using the fee schedule then in effect.").
Especially given the fact that years can elapse between preliminary plat approval and imposition
of impact fees, it is not in the public interest nor arguably legally sustainable for the hearing
examiner to set the methodology for collection of impact fees when in the intervening period the
City Council may find a need to amend that methodology. Hearing examiner jurisdiction over
school impact fee assessments is limited to appellate jurisdiction over fees assessed during
building permit review as set by FWRC 19.95.070(2). It is inappropriate and arguably contrary
to code to pre -determine school impact fee assessment issues during preliminary plat review.
DATED this 1st day of November, 2019.
Hearing Examiner for Federal Way
Consolidated Rezone Recommendation - 1
Preliminary Plat, Rezone, Wetland
Buffer Reduction Recommendation P. 1 Findings, Conclusions and Recommendation