ORD 14-757ORDINANCE NO. 14 -757
AN ORDINANCE of the City of Federal Way, Washington, relating to
school impact fee adjustments in the City Center Zone; adding a new
section to FWRC 19.95. (Amending Ordinance No. 95 -249)
WHEREAS, the City imposes school impact fees pursuant to FWRC 19.95 and an interlocal
agreement with the Federal Way School District; and
WHEREAS, the City and the School District have discussed implementing a separate school
impact fee for the City Center Zone; and
WHEREAS, the purpose of establishing a City Center Zone is to recognize the lower level of
school -aged children anticipated to reside in the zone based on the City's comprehensive plan and
development regulations; and
WHEREAS, the comprehensive plan and development regulations encourage development in
the City Center Zone that is midrise to highrise mixed use that fully occupies its respective site with
few of the amenities for school aged children typically associated with neighborhood -style
multifamily development, such as play areas, swing sets, lawn areas, sport courts, outdoor pools, etc.;
and
WHEREAS, the City conducted a survey of multifamily developments in surrounding
jurisdictions that are similar to the type the City anticipates in the City Center Zone that revealed that
the rate of school -aged children per dwelling unit is on the order of .052, which is substantially lower
than the City wide average of .289 suggesting that the rate within the City Center Zone will also be
substantially lower; and
Ordinance No. 14 -757 Page I of 4
WHEREAS, in recognition of the anticipated lower presence of school -aged children in the
City Center Zone and in order to ensure that the school impact fee is generally proportional to the
level of impact created, a fifty percent (50 %) reduction to the school impact fee assessed in the City
Center Zone should be established; and
WHEREAS, in recognition of the Comprehensive Plan and Council's official designation of
a large area of the City Center Core and City Center Frame -zoned areas east of Pacific Hwy S. as the
area of the City Center in greatest need of redevelopment through Council's approval of a Planned
Action SEPA, Ordinance 07 -547, the City Center Zone is the area defined by the Comprehensive
Plan, Map VII -2A Boundaries of Planned Action SEPA; and
WHEREAS, impact fee adjustments are authorized pursuant to RCW 82.02.060 for
development activity that has a broad public purpose, in consideration of unusual circumstances, or
based on supplemental studies or data.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Chapter 19.95 of the Federal Way Revised Code is hereby amended to add a
new section 19.95.065 to read as follows:
19.95.065 Impact Fee Adjustment
(1) City Center Zone
(a) The boundary of the City Center Zone is described as:
Bound on the South by S. 324" St. and S. 320th St.;
Bound on the West by Pacific Highway S.;
Bound on the North by S. 312th St. and S. 317" St; and
Ordinance No. 14 -757 Page 2 of 4
Bound on the East by 23`d Ave. S. north of S. 317th St.; roughly in alignment with
25th Ave. S. between S. 320th St. and S. 317th St.; and by 23r`i Ave. S. south of S.
320th St.
(As shown in the Comprehensive Plan Map VII -2A)
(b) The school impact fee assessed in the City Center Zone shall be reduced by fifty
percent (50 %).
Section 2. Severability. 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. 14 -757 Page 3 of 4
PASSED by the City Council of the City of Federal Way this 7"' day of January, 2014.
ATTEST:
CITY OF FEDERAL WAY
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11 -26 -2013
PASSED BY THE CITY COUNCIL: 01 -07 -2014
PUBLISHED: 01-10-2014
EFFECTIVE DATE: 02 -09 -2014
ORDINANCE NO.: 14 -757
Ordinance No. 14 -757 Page 4 of 4