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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