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ORD 15-783 ORDINANCE NO. 15-783 AN ORDINANCE of the City of Federal Way,Washington, relating to the Transportation Impact Fee(TIF); and amending section to chapter 19.91 FWRC. (Amending Ordinance Nos. 11-710, and 09-627) WHEREAS, the City Council enacted Ordinance No. 09-627 on October 20, 2009 establishing chapter 19.91 FWRC,authorized by Chapter 82.02 RCW to require development within activity City to pay a proportionate share of the cost of new facilities to serve new development act t Y p Y p p p Y through the assessment of impact fees; and WHEREAS,the City Council finds that due to the current economic conditions development and redevelopment within the City has been slow thus creating high vacancy rates; and WHEREAS, on December 6, 2011, the City Council enacted Ordinance No. 11-710 to temporary suspend transportation impact fees charged for change in use that do not add new square footage. The temporary suspension is set to expire December 31, 2014. WHEREAS,the Council finds that it is in the public interest to continue with the temporary suspension and 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 1 . Chapter 19.91.065 of the Federal Way Revised Code is hereby amended to read as follows: 19.91.065 Temporary suspension of transportation impact fees relating to change in use Notwithstanding any other provision of this chapter,the City temporarily suspends the imposition of transportation impact fees to the extent the assessment of the fee is the result of a change to a land use category that results in a higher fee. This Section shall not apply to a project that expands the Ordinance No. 15-783 Page 1 of 3 Rev 1/10 gross floor area of an existing building; and provided that this Section applies only to the use, renovation or remodeling of existing structures and does not apply to redevelopment projects in which existing structures are replaced. This Section shall apply to projects for which complete• building applications are filed with the City between the effe .• - -• - • - •• December 31, 2011. This Section shall automatically expire on December 31, 20152044. 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. 15-783 Page 2 of 3 Rev 1/10 PASSED by the City Council of the City of Federal Way this 3rd day of February , 2015. CITY OF FEDERAL WAY dir • ier OR, J FERRELL ATTEST: � ,�I; I�.��1. 1 �1L1./lam TY I ERK, STE'�'ANIE COY TN Y, CMC APPROVED AS TO FORM: CITY A EY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 01/13/2015 PASSED BY THE CITY COUNCIL: 02/03/2015 PUBLISHED: 02/06/2015 EFFECTIVE DATE: 03/08/2015 ORDINANCE NO.: 15-783 Ordinance No. 15-783 Page 3 of 3 Rev 1/10