ORD 15-783 - Relating to Temp Suspension of Transportation Impact Fee (Change of Use) 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
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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.
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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:
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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
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