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LUTC PKT 07-11-2016City of Federal Way City Council Land Use/Transportation Committee July 11, 2016 5:00 p.m. MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/ Description Presenter Page A. Approval of Minutes: June 6, 2016 Upton 3 B. Sacajawea Middle School Safe Routes to Mullen 7 Schools -Bid Award C. Submittal of Transportation Grant Perez 11 Applications D. Amending Title 19, Federal Way Revised Harris 13 Code(FWRC) Impact Fee Collection Deferral Program 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: Action or Info Action Action Action Action City Hall Council Chambers Council Date N/A July 19, 2016 Consent July 19, 2016 Consent July 19, 2016 Ordinance Time 5 min 5 min 5 min 10 min The next LUTC meeting will be Monday, August 1, 2016 at 5:00 p.m. in City Hall Council Chambers. 6. ADJOURN Committee Members Kelly MaloneY, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member City Staff Ma,wan Salloum P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 This page left blank intentionally. 2 City of Federal Way City Council Land Use/Transportation Committee June 6, 2016 5:00 o.m. City Hall Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Kelly Maloney and Committee members Lydia Assefa-Dawson and Mark Koppang. Council members in attendance: Jeanne Burbidge, Susan Honda and Martin Moore. Staff in Attendance: Public Works Director Marwan Salloum, Deputy Public Works Director/Street Systems Manager Desiree Winkler, Assistant City Attorney Mark Orthmann, Surface Water Manager Theresa Thurlow, City Traffic Engineer Rick Perez, Planner Manager Isaac Conlen, SWM Engineer Tony Doucette, SWM Project Engineer Fei Tang, Street Systems Project Engineer Christine Mullen, Street Systems Engineer Jeff Huynh, and Administrative Assistant II Shawna Upton. 1. CALL TO ORDER Chair Maloney called the meeting to order at 5:00 PM. 2. PUBLIC COMMENT (3 minutes) Diana Noble-Gulliford was representing the Historical Society and spoke in support of preserving the home at 36818 8th Ave South. This home is located in Spring Valley and was built in 1868. It is one of the earliest structures in the area that they are aware of and they believe it has historical value. 3. COMMITIEE BUSINESS Topic Title/Description A. B. Approval of Minutes: May 2, 2016 Committee approved the May 2, 2016, LUTC minutes as presented. Moved: Koppang Seconded: Assefa-Dawson Passed: Unanimously, 3 -0 2017-2022 Transportation Improvement Plan Mr. Perez presented information on the 2017-2022 Transportation Improvement Plan noting that it outlines a 6-year plan for transportation-related capital projects. It is updated annually and is a requirement for grant eligibility. He briefly outlined the prioritization criteria, completed projects for 2015-2016 and mentioned the new projects that were added to the list. Committee forwarded Option #1 as presented. Moved: Assefa-Dawson Seconded: Kop'pang Passed: Unanimously, 3-0 Forward to Council N/A June 21, 2016 Business Committee Members Kelly Ma/oner, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member 3 City Staff Marwan Sa./loum, P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 C. D. E. F. Marine Hills Stormwater Conveyance System Repair Phase 1 -Bid Award Mr. Tang noted there are nine locations slated in Phase 1 of this project. Three bids were received and opened on May 16, 2016 for the Marine Hills Stormwater Conveyance System Repair Phase 1 project and the lowest responsive, responsible bidder is Northwest Cascade, Inc., with a total bid of $193,250.00. He provided further information on available funding and estimated expenditures. Committee forwarded Option #1 as presented. Moved: Koppang Seconded: Assefa-Dawson Passed: Unanimously, 3-0 S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project -Project Acceptance Mr. Huynh indicated that the S 324th Street (Pacific Highway South to S 322nd Street) Preservation Project contract with Tucci & Sons, Inc. is complete. The final construction contract amount is $546,519.13 and was below budget. The City Council must accept the work on a Public Works construction project as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. Committee forwarded Option #1 as presented . Moved: Assefa-Dawson Seconded: Koppang Passed: Unanimously, 3-0 1st Ave S at S 328th Street Intersection Improvements -Project Acceptance Ms. Mullen mentioned this project constructed a traffic signal and northbound/southbound right turn lanes at the intersection of 1st Ave S at S 328th Street. Prior to release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The final construction amount is $1,189,703.06 and was below budget. She presented several before and after photographs of the project. Committee forwarded Opt ion #1 as presented. Moved: Ko ppang Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Demolition of Structures at 36818 8th Ave S -Authorization to Bid Mr. Doucette provided details about the project background. He noted SWM acquired the property commonly referred to as the Larson-Justice property, in December 2015 using SWM Capital funds for open space conservation. The property is located in Spring Valley along the North Fork of West Hylebos Creek with 130 feet of creek crossing the property. There are six structures in various stages of decay including the single family farm house, two sheds, a cistern building, barn and pump house. There are also two known underground storage tanks. The intended use of the property is conservation open space and a future trailhead to a trails system in Spring Valley similar to the West Hylebos Wetlands Park. He showed a map with the structure locations as well as pictures of the buildings on the property. With the long term goal of conservation, open space, restoration and a trailhead with parking at the site, SWM pursued demolition of the structures as they are failing and lacking maintenance. Staff completed a Hazardous Building Materials Survey to identify asbestos containing materials (ACMs), lead paint, PCBs and signs of mold and water damage. ACMs were found in the pump house, lead was detected in all but three paint samples and extensive mold was found on the second story of the single family house. Staff reached out to the Historical Society of Federal Way to tour the property and discuss the City's plan of action. The Historical Society sent a letter in February 2016 acknowledging the course of action and recommended future access to the property to include signage highlighting the historical significance. Mr. Doucette outlined June 21, 2016 Consent June 21, 2016 Consent June 21, 2016 Consent June 21, 2016 Consent Committee Members Kelly Maloney, Chair 4 City Staff Marwan Salloum, P.E., Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 Lydia Assefa-Dawson, Member Mark Koppang, Member G. H. I. the estimated project expenditures as well as available funding. A lengthy discussion followed regarding whether the Historical Society was only interested in the house or the other buildings as well, if the underground tanks and septic needed to be looked at sooner, and what state the other buildings are in. Discussion continued regarding how much of the house could actually be restored since part of it includes an addition, associated costs with restoration, and possible grant opportunities. Some stated it is a beautiful setting and expressed a desire to preserve the property in some fashion suggesting the possibility of restoring the house to make it a visitor's center or offering it up to a buyer who will restore it and bear the cost. Some were concerned about the possibility of homeless occupying the property if it sits too long as well as deterioration as the property sits. Motion made to postpone the motion to no later than the December 2016 Land Use and Transportation Committee meeting, request staff to present further information at that time, and provide Land Use and Transportation Committee with the prioritization of the local certified government program for historic preservation within the Planning Commission Work Prog ram. Moved: Maloney Seconded: Assefa-Dawson Passed: Unanimously, 3-0 Ratification of Countywide Planning Policy Regarding Affordable Housing Mr. Conlen provided some background information on this topic stating the Countywide Planning Policies are developed by the Growth Management Planning Council to address regional and countywide issues. The policies apply to all jurisdictions in King County upon ratification. The newly amended policy will state "H-8 Tailor housing policies and strategies to local needs, conditions and opportunities, recognizing the unique strengths and challenges of different cities and sub regions. Jurisdictions may consider a full range of programs, from optional to mandatory, that will assist in meeting the jurisdiction's share of the countywide need for affordable housing". This recognizes that local officials should have flexibility in dealing with this issue and allows solutions to be tailored to local circumstances. Committee forwarded Option #1 . Moved: Koppang Seconded: Assefa-Dawson Passed : Unanimously, 3-0 Signage in the Right-of-Way to Discourage Panhandling The Committee discussed this item stating a desire for the homeless to know that they have other resources for assistance available to them. They would also like the community to know there are better options for helping the homeless than giving monetary donations. There is no desire for physical signs to be posted in the right-of-way. A concern was raised about putting an undue burden on agencies but overall concern was providing proper help. Cameras and Lighting on the BPA Trail The Committee discussed this item briefly. Chair Maloney noted a concerned young man contacted her after an incident asking for cameras and lighting to be installed. There was general support for cameras and lighting. A couple suggestions were to use game cameras or to work with Bonneville Power Administration (BPA) to see if lighting can be installed near the lines or if it's possible to harness the heat generated from the electrical wires to help power lights somehow. It was noted that it might be beneficial to work with the Violence Prevention Coalition to try and come up with a solution. 5. OTHER 6. FUTURE MEmNGS/AGENDA ITEMS: The next LUTC meeting will be Monday, July 11, 2016 at 5:00 p.m. in City Hall Council Chambers. June 21, 2016 Consent N/A N/A Committee Members Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member 5 City Staff Marwan Salloum, P.E, Public Works Director Shawna Upton, Administrative Assistant II 253-835-2703 7. ADJOURN The meeting adjourned at 6:40 PM. COMMITTEE APPROVAL: Kelly Maloney, Chair Committee Members Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member Attest: Lydia Assefa-Dawson, Member 6 Shawna Upton, Administrative Assistant II Mark Koppang, Member City Staff Marwan Salloum, P.E., Public Wo'*5 Director Shawna Upton, Administrative Assistant II 253-[JJS-2703 COUNCIL MEETING DATE: July 19, 2016 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOLS -BID AW ARD ITEM#: POLICY QUESTION: Should City Council award the Sacajawea Middle School Safe Routes to Schools project to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: July 11, 2016 CATEGORY: ~ Consent D Ordinance D Public Hearing D City Council Business D Resolution D Other STAFF REPORT BY: Christine Mullen, P.~et Sy stems Project Engr DEPT: Public Works Attachments: Land Use and Transportation Committee Memorandum dated July 11, 2016. Options Considered: 1. Award the Sacajawea Middle School Safe Routes to Schools project to Sound Pacific Construction, LLC, the lowest responsive, responsible bidder, in the amount of $979,830.00, and approve a 10% contingency of $97,983.00, for a total amount of $1,077,813.00, and authorize the Mayor to execute the contract. 2. Reject all bids for the Sacajawea Middle School Safe Routes to Schools project and direct staff to rebid the project and return to Committee for further action. MAYOR'S RECOMMENDATION: The mayor recommends forwarding option 1 to the July 19, 2 consent agenda for approv I. t.1-z"l'l lV --1---:ac\Jt=.~- CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 19, 2016 City Council consent agenda for approval. Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to award the Sacajawea Middle School Safe Routes to Schools project to Northwest Cascade, Inc., the lowest responsive, responsible bidder, in the amount of $979,830.00 and approve a 10% contingency of $97,983.00, for a total of $1,077,813.00, and authorize the Mayor to execute the contract. " (Bl!.LOWTO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDffiEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 7 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: July 11, 2016 TO: Land Use and Transportation Committee VIA: FROM: Jim Ferrell, Mayor . ~ _ \. Marwan Salloum, P.E., Public Works Director 't'~ Christine Mullen, P .E., Street Systems Project Engineer~ SUBJECT: Sacajawea Middle School Safe Routes to School Project -Bid Award BACKGROUND Four bids were received and opened on June 23, 2016 for the Sacajawea Middle School Safe Routes to School Project. Please see attached Bid Tabulation Summary. The lowest responsive, responsible bidder is Sound Pacific Construction, LLC with a total bid of $979,830.00. PROJECT ESTIMATED EXPENDITURES Design $300,000 Right-Of-Way Acquisition NIA Low Bid $979,830 10% Construction Contingency $97,983 Project Management (In house) $122,187 TOT AL PROJECT COSTS $1,500,000 PROJECT AVAILABLE FUNDING Safe Routes to Schools Funding (Federal) $1,200,000 City Funds (2015 Budget) $300,000 TOTAL AVAILABLE BUDGET $1,500,000 8 SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOLS RFB NO. 16 -005 BID OPENING DATE JUNE 23, 20 16 111W. .l!!ILS .E!!!l.& 111W SOUND PM:FIC NORTHWEST CMCADE, I«:. R.W. SCOTT C()f,lSTIIUCT10N CECCMRI, INC. KPG E...-,s Es11i-. Vendor Name -> CONSTRUCTION, LLC co. Lotatio,I ~ Gig ltllrbor, WA Puyallup.WA Aullum,WA T-,WA UNIT APX. U"IIT PIUCE ITEM NO. ITEM QTY UNIT PRICE TOTAL UNJT PRICE TOTAL TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL SCflEDIA,E A · ROADWAY W0RK 1 Une~ed Slt.e Cnanao CAL C , $10.000.00 S1000l),00 'SW,000.00 SI0.000.00 s10.ooo.oo Sf0.000.00 s,0.000.00 $10,000.lJl Sl0.000.00 SI0.000.00 2 C"'1struc!lon &,,vo\rino LS 1 $14-.000.00 514,000.00 $13,000.00 513,000.00 S14.000.00 S.14.000.00 S20 000.00 $20,000.00 $17 000.00 $17.000.00 3 Ao·Bul 1 Sun,ov Md ROCO<d DrawirlQs LS I $3.000.00 $3000.00 S2.SC0.00 Sl!.500.00 S4.000 .. 00 S4 ,000,00 $800.00 .$800.00 $3.000.00 $3,000.00 4 SPCCPl;in LS 1 $1 ,500.00 SJ ,500.00 $250.00 S250.00 S4.500.00 $4,500.00 $1.000.00 $1,000.00 $1 ,000.00 s,.000.00 5 Mc1>1<%al!on LS I sea.000.00 sea.000.00 $90,150.00 $90.150.00 SSS.000.00 SSS.000.00 $242 .000.00 $242.000.00 $80.000.00 $80,000.00 6 011-Dutv Unlfo,moo Police Olllcer FA 1 $2,000.00 S2,000.00 .S2,000.QO $2,000.00 $2,000.00 S2.000.00 $2,00P.OO sz.000:00 $2000,00 $2,000.00 7 Tra!lfc CooUOI $tll)erviso< LS 1 $33,000.00 533,000.00 $14.300.00 S14 300.00 $10.000.00 $10,000,00 S50,000.00 SS0.000.00 $15.000.00 S15.000.0tl 8 AIIO,'lo,s and Soor.ers HR 500 S61.00 SSOS00.00 S52.00 $26.000.00 $54.00 S27.000.00 $50.00 $25,000.00 SS?..00 $26,000.00 9 Olhet Traltle Control Labor HR 120 S&2 .00 S7.4~.oo $70.00 S8,400.00 SSA .001 $6,480.00 $50.00 $6.000.00 $40.00 S4.1WO.OO 10 Other Tem""'~"' TraJlic C<Jnuol LS 1 sn.000.00 s11 .ooo .oo $19.500.00 $19,500.00 $7.500.00 $7,500.00 s10.ooo.oo $10,000.00 $10.000.00 510,000.00 11 ConsU\letlc,n Sinns Class A SF 100 S27.00 S2700.00 $17.50 $1 .750.00 S20.00 S2.000.00 $28.00 $2,800.00 $25.00 $2.500.00 12 BuSines.s AceeS.s· Sien EA 3 5200.00 S600.00 S200.00 S600.00 S250.00 $750.00 S300.00 ,S900.00 $250.00 $750.00 13 Clearino Umfi Fence LF" 500 $4.00 S2,000.00 $4.00 $2,000.00 S6.00 S3.ooo.oo S3.00 Sl ,500.00 $3.50 S1 750.00 14 CleatinQ and Gt\Jbbino LS 1 S13.500.00 $13.500.00 $23,000.00 $23000.00 S3Q.OOO.OO sso.000.00 $28,000.00 $28.000.00 $10,000.00 510,000.00 15 RoadsldeCll!3!1UD FA 1 $5.000,00 ss.000.00 SS.000.00 $5,000.00 SS.000.00 s:s.000.00 SS.000.00 $5.000.00 SS.000.00 ss.000.00 16 Reml)Val of Suuc:1un, ar,:t Obsuuctlon LS 1 Sl.300.00 $1 ,300.00 517,3 00 .00 517,300.00 SB.500.00 S6.500 ,00 s20.ooo.oo $20,000.00 $10,000.00 Sl0,000.00 17 Remove emtJno cacch Bas"in EA 1 S450.00 S-:50.00 $600.00 $600.00 $750.00 $750.00 $300.001 S300.00 ssoo.oo· S500.00 18 RemO\(e E•i&1lno Slorm Sower Pipe lF BO $8,00 S640.00 $24,00 $1 ,920.00 S!0,00 $800.00 S20.00 $1,600.00 SIS.CO St ,200.00 19 Sawcu 1dna LF 1800 $4.00 $7,200.00 S3.25 $5,850.00 SS.00 S9 ,000.00 $6.00 $10,800.00 $3.00 SS.400.00 • 20 Gtavel Borrow Ind, Kaul TN 200 S30.00 $6,000.00 $34.00 S6.BOO .OO $45.00 $9,000.00 S20.00 $4,000.00 $30.00 $6,000.00 2 1 Gravel Botrow lor Treoct, Baok!I II illcl, Haul TN 400 $35.00 $14 000.00 $36.00 $14,400.00 $40.00 $16.000 .00 $20.00 ss.000.00 S:l2 .00 S12.800.00 22 Roadwa, ExcavaJlon Ind. Haul CY 800 sso .oo $40,000.00 S45.00I $36,000.00 S46.00 $36,800 .00 $50.00 $40,000.00 $40.00 $32,000.00 23 IJnsuitilble Foundatior, Excavruion Ind. Haul CV BO $33.00 S2.640.00 S52.00 S4 !iro.00 $46.00 $3,680.00 $24 .00 $1,920.00 $45.00 S3.600.00 24 C<ushed Surfatjr,o Tao Cwr11e TN 350 $48.00 $16 800.00 $48.50 $18,97 5 .00 SS0.00 S17.500.00 S37.00 S12.950.00 $30,00 $10 500 .00 25 Crushed Surfaclno Base Course TN 430 $40.00 517,200.00 $48.50 $20.855,00 S48.00I $20,640,00 $37.001 $15,910.00 $30.00 $12,900.00 26 HMA Ct 1/Z' PG 6"·22 TIii 420 S110.00 $46,200.00 $135.00 $56,700.00 S160.001 S67,200.00 S122.00 $51,240.00 $100.00 $42,000 .00 27 Temntr.1N Pavement TN 40 S250.00 $10.000.00 S200.00 SS.000.00 S300.001 $12.000.00 S100.00 $4,000.00 S120.00 $4 800.00 21a Planina B11uminous Pavement SY 430 S11.00 $4•,730.00 IS 18.50 $7,955.00 $20.00 $8,600.00 $10.00 $4,300.00 $10.00 $4 ,300.00 \~ 28 Modular Block Wall SF 600 $30.00 $18 000.00 $49.00 S29.400.00 S60.00 $36.000.00 $4-4 .00 $26.400.00 $30,00 $18,000.00 29 Drain Pice 6 lr,ch Diam, LF 80 $47.00 S3 760.00 S77.00 SS.160.00 $65.00 $5,200.00 $24.00 S1 920.00 $30.00 $2.400.00 30 D~~ ~Oil S torm Sow« Drain"""'· 16'" diam LF 880 $127.00 $ t 11,760.00 $102.00 S89,760.00 $14-0.00 $123.200.00 sss.oo $57.200.QO $100.00 $88.000.00 31 ca,chBasln T'VPl! 1L EA 8 Sl.900.00 $15.200.00 Sl.650.00 S13.200.00 s2.200.oo $17,600.00 $1 ,200.00 59,600.00 Sl,800.00 $14,400.00 -32 ca,cr, Basin IYOO 2 . 48 Inch Diam . i=A 2 $2,600.00 ss.200.00 S2.600.00 $5,200.00 s•.500.00I S9000.00 $2 800.00 $5,600.00 $3.000.00 S6.000.00 33 1•'1C11u5 r Existina Storm Orainaoe Strucnue EA 1 S-:00.00 $400.00 $600.00 $600.00 $750.00 $750.00 $400.00 $400.00 ssoo .oo $800.00 S4 Connection to Exis~no OraJn;vu::a SlflJCUJfe EA t $500.00 SS00.00 $1 ,800.00 Sl,800.00 St,000.00 $1,000.00 S800.00 saoo.oo St 000.00 $1,000.00 35 S1ormwater Media Flttor rF!l1erra or Mo,Mar WellMd Un111 EA 3 $23000.00 S69,000.00 $25,200.00 $75 ,600.00 $34.000.00 S102,000.00 $20.000.00 S60.000.00 S25.000.00 S75.000.00 36 erosrQn Cot111a1 and Wetor Polh,1 tfon Prevl!l'llicn LS 1 S20.000.00 S20.000,00 $21.000.00 $21 .000.00 $7,500.00 &7.500.00 520,000.00 $20.000.00 St.500.00 Sl,500.00 37 lnleE Protection EA 5 s100.oo $500.00 S75.00 $375.00 S90 .00 $450.00 S80 .00 $400.00 S100 .00 S500.00 38 T=I.T=A CY 65 S70.00 S4 .550.00 $74.00 $4,810.00 S 100.00 $8,500.00 sso.oo :ss;200.oo $40.00 S2 600.00 39 6afk Mulch CY 6 $100.00 $600.00 $102.00 S612.00 $175.00 Sl ,050.00 $100.00 $600.00 $40.00 S240.00 40 Seodod Lawn lru:tallalion SY 300 $2.50 $750.00 $2.50 $750.00 sa.001 S2..400.00 $4.00 51,200.00 S2 .501 S7S0.00 41 SodlnslailatlOII SY 380 SlS.00 S5 700.00 S16.00 SB ,080.00 $14.00 SS.320.00 $7.00 $2,660.00 SB .CO $3.040.00 42 PSIPE Acerx lreemanil 'J•ll=red'/ AU\lJmn Blaze Maole: 2.5" Cal., 12'·14' HL EA 23 S475.00 $10.925.00 $4-60.00 $10.580.00 S52.5.00 $12.075.00 $400.00 $9,200.00 $400.00 $9.200.00 43 Pr-=RestOra!lcn FA 1 ss.000.00 ss,ooo:,v SSc000 .00 S5.000.0 0 ss.000.00 $5,000.00 SS000.00 ss;ooo:oo SS.000.00 SS.000.00 44 Root Barri01 LF 370 sa.oo S2.960.00 $8.00 52,960.00 S14.00 SS,180,00 $10.00 $3,700.00 s10:oo $3,700.00 45 """"":u!c lnlQadon """\em C0tn"""e LS 1 $23.000.00 $23.000.00 525,500 .00 $25,500.00 $34,000.00 $34,000.00 S25 000.00 S25.000.00 Sl0,000.00 S l 0.000.00 46 Lakohaven Ulillr, Distric1 Conneetfon F""" FA I $3.000.00 $3,QOO,M S3.0 00.00 $3:000.GO S3.000.00 S3.ooo.,. ss:000.00 $3,000.Afl $3.000.00 S3.000.00 47 C!lmen1 Cone. C"lb & Gutter LF 910 $22;00 $20 ,020.00 $21.00 $19,110.00 S18.00 $16.380.00 S37.00 $33.670.00 $20.00 s1 e.200.oo 48 Cement Cot\(:. B;u,ler Curb lF 30 $40.00 $1 ,200.00 554.00 S-1,620.00 $40.00 $1 ,200.00 S37.00 s 1.1,o.oo $20.00 $600.00 49 Exuucled Curb. , IIDEI 6 lF 210-$13.00 S2 .730.00 S13.00 S2 730,00 $15.00 $3.150.00 $12.00 $2,520.00 S14.00 $2 940.00 so Raised Pavemem Marker;s , Tvoe 2 HO 3 $350.00 St .050.00 $385.00 Sl.095.00 $400.00 $1.200.00 S350.00 Sl .050.00 $350.00 $1 .050.00 51 BlacJ< VlnVi Coated Chain Unk Fence T""" 1 LF 3•0 $31.00 $10.540.00 $32.00 Sl0.880.00 S40.00 $13.600.00 $30 .00 S10.200.00 $38.00 $12.920.00 52 Comont Cooc. Sidewalk SY 1400 S35.00 $49.000.00 $38.00 553,200.00 $30.00 $42,000 .00 S37.00 $51 .800.00 $40.00 $56,000.00 53 Cemom Cone. ClJrb Ramp EA 5 $1 ,750.00 SS.750.00 Sl!.300.00 S11 500.00 s,.aoo.oo $9,000.00 $1 ,650.00 $8,250.00 Sl ,500.00 S7 ~• .00 54 Do loctablo Wamlr111 Sutl;ioa SF so $35.00 $1 ,750.00 $34.00 $1 ,700.00 $40.00 Sl!.000.00 $44.00 $2.200.00 $20.00 . s,.000.00 55 1n"mlnailon s.,.tom, Com'"1!<e LS 1 S126,000.00 $126.000,00 $1 03 000,00 S 103.000.00 S151.000.00 $151 .000.00 $98,000.00 S98.000.00 S101..200.00 $IO 1,200.00 58 -nat Modllications , Comalota LS , $45.000.00 S.15.000.00 S4o.ooo.oo I S40.000.00 S29 000.00I $29.000.00 S80.ooo.oo $60,000.00 $52,500.001 552,500.00 57 Permanent Slc ni nc LS 1 S3,0()0.00 S3.000.00 $2.600.00 $2,600 .00 $3,000.00 $3,000.00 $14.000.00. $14,000.00 S2 500.00 $2,500.00 58 Point Line LF 2300 $1 .00 $2,300.00 S 1.20 $2,760.00 SUS $2.645.00 Sl.00 S2.300.00 so .so 51,150.00 59 Palf,1ecl Bl6it-ie l.ane Svmhnf EA 3 S95.00 $285,00 $100.00 S:300.00 $115.00 $345.00 $100.00 S300.00 $100.00 $300.00 60 Remove Pavomen, Marl<lnos LS 1 $3,000.00 $3,000.00 53,250.00 $3,250.00 S3 300.00 $3,300.00 $4 ,000.00 $4,000.00 $4,000.00 $4,000.00 61 Pott,N-FA 1 SS.000.00 $5.000.0C SS.000.00 $5 0 00.00 ss.000.00· SS.000.0c $5,000.00 SS:000.00 SS.000,00 SS 000.00 62 Resolution of Ulifitv Conillcts FA 1 ss.ooo;oo SS.000.00 ·sa.000.00 $8,rn "' $8.000.00 $8.000.0C se.000.00 · ss.oooor $8000.00 $ll,OOO.OO TOTALSCHEOULEA $979,830.00 $985,097.00 $1,087.745.00 $1 ,120,300.00 $854,790.00 Ibid ftems incllfde ·saies caxl Page 1 of 1 This page left blank intentionally. 10 COUNCIL MEETING DATE: July 19, 2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SUBMITTAL OF TRANSPORTATION GRANT APPLICATIONS POLICY QUESTION: Should the City Council authorize the Mayor to submit grant applications for transportation projects? COMMITTEE: Land Use/ Transportation CATEGORY: C8J Consent D City Council Business D Ordinance D Resolution STAFF REPORT BY: Rick Perez, P.E., Cit Traffic Engineer Attachments: Memo to LUTC dated July 11 , 2016 Options Considered: MEETING DATE: July 11, 2016 D D Public Hearing Other DEPT: Public Works 1. Authorize the Mayor to submit the proposed transportation grant applications 2. Do not authorize the Mayor to submit the proposed transportation grant applications and provide direction to staff. MAYOR'S RECOMMENDATlON: The.Mayor recommends Option 1. CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward Option 1 to the July 19, 2016 consent agenda for approval. Kelly Maloney, Chair Lydia Assefa-Dawson, Member Mark Koppang, Member PROPOSED COUNCIL MOTION: "I move approval of Option 1 to authorize the Mayor to submit the proposed transportation grant applications. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED D DENIED 0 TAB LED/DEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED -1/2015 11 COUNCIL BILL # 18T reading Enactment reading ORDINANCE# RESOLUTION # DATE: TO: VIA: FROM: SUBJECT: July 11, 2016 CITY OF FEDERAL WAY MEMORANDUM Land Use/ Transportation Committee Jim Ferrell, Mayor .J _... _- Marwan Salloum, P.E., DirectorofPublic~ks r~ Rick Perez, P .E., City Traffic Engineer /Y f Submittal of Transportation Grant Applications BACKGROUND: This memorandum provides the Council with the current status of grant funding programs for transportation improvement projects in response to a Transportation Improvement Board (TIB) call for projects. Staff has evaluated all projects listed on the City's Capital Improvement Program (CIP) and negotiations for the Town Center Hotel proposal and concluded that the following projects will likely be competitive in the 2016 Sidewalk Program. Project (Funding Phase) Grant Estimated Project Cost Town Center "Grand Stair" Pedestrian Connection -21•t Ave S: S 3141h St-S 3161h St (Desi n and Co11struction) Regional Mobility Grant via King County (State Funds) $3,000,000* Celebration Park -Steel Lake Park Pedestrian Connection Possible Grant Fund $500,000 -S 312th St: Steel Lake Park-28th Ave S (Desi II and Con truction) TIB Sidewalk Program $675,000 $500,000 (State Funds) Adaptive Traffic Signal Control System -Phase 2 -SR 99 South SR 161, S 3481h St (Desi ll and Co11 true/ion) Highway Safety Improvement Program $1,000,000 $900,000 (Federal Funds) High Collision Safety Remediation Proposed C Match $300,000** $175,000** $100,000** -Locations to be Determined endin WSDOT collision data (Desi II and Constructio11) Highway Safety Improvement Program (Federal Funds) $1,000,000 $900,000 $100,000** * The remaining project funding consists of$ I million in developer contribution, and $1.2 million in LIFT contributions. ** The City match for this grant will be provided by transferring the proposed amount from the Annual Transportation Safety Improvements Fund to this project cc: Project File Day File 12 COUNCIL MEETING DATE: July 19, 2016 ITEM#: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amending Title 19, Federal Way Revised Code (FWRC) Impact Fee Collection Deferral Program POLICY QUESTION: Should the City revise the Federal Way Revised Code (FWRC) to allow a deferment of impact fee collection until the time a new single-family residence receives final inspection? COMMITTEE: Land Use & Transportation Committee CATEGORY: D Consent D City Council Business STAFF REPORT BY: Planner Jim Harris Attachments: I. LUTC Memorandum 2. Draft Ordinance ~ Ordinance D Resolution 3. Planning Commission Public Hearing Packet (June 15, 2016) Options Considered: I. Adopt the proposed ordinance; 2. Adopt the proposed ordinance as amended; or MEETING DATE: July 11, 2016 D D Public Hearing Other DEPT: Community Development 3. Do not adopt the proposed ordinance and provide guidance to staff. MAYOR'SRECOMJVJENDATION: Option 1 CHIEF OF STAFF: COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on July 19, 2016. Kelly Maloney Committee Chair PROPOSED COUNCIL MOTION(S): Lydia Assefa-Dawson Committee Member Mark Koppang Committee Member 15 T READING OF ORDINANCE (JULY 19, 2016): "I move to forward approval of the ordinance to the August 9, 2016, Council Meetingfor enactment." 2ND READING OF ORDINANCE (AUGUST 9, 2016): "I move approval of the proposed ordinance." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: 0 APPROVED 0 DENIED 0 TABLEDIDEFERRED/NO ACTION 0 MOVED TO SECOND READING (ordinances only) REVISED-1/2015 13 COUNCIL BILL# 15T reading Enactment reading ORDINANCE# RESOLUTION# CITY OF Federal Way MEMORANDUM DATE: June 28, 2015 TO: VIA: Land Use & Transportation Committee Jim Ferrell, Mayor FROM: Jim Harris, Planner SUBJECT: Zoning and Development Code Text Amendment -Impact Fee Payment Deferral Program BACKGROUND This code amendment is in response to state legislation adopted in 2015. The state legislature enacted ESB 5923, requiring counties, cities, and towns to adopt a deferral system for the collection of impact fees for new single-family residential construction. Under the new state legislation, the City of Federal Way must adopt a deferral system for the collection of impact fees (school and transportation) that, upon developer request, delays payment until the time of: 1. Final inspection; 2. Issuance of the certificate of occupancy or equivalent certification; and/or 3. The closing of the first sale of the property. Other provisions of the new law that are included in the proposed Federal Way Revised Code ("FWRC") revisions include: • The term of the deferral is not more than 18 months from issuance of the building permit. • The amount of impact fees that may be deferred is determined by the fees in effect at the time the applicant applies for a deferral. • Deferral of impact fees are limited to the first 20 single-family residential building permits annually, per applicant • An applicant seeking deferral must grant and record a lien against the property in favor of the municipality in the amount of the deferred impact fee. • Municipalities and school districts are authorized to institute foreclosure proceedings if impact fees are not paid. • Municipalities may collect reasonable administrative fees from applicants seeking a deferral. MAYOR'S RECOMMENDATION The Mayor recommends adopting the proposed ordinance to defer school and transportation impact fee collection to the point of the final building permit inspection for new single-family residences. k\2016 Code Amendments\Impact Fee Deferral-Procedural\LUTC Memo.doc 14 ORDINANCE NO. ---- AN ORDINANCE of the City of Federal Way, Washington, relating to an impact fee payment deferral program; amending FWRC 19.91.060, 19.95.050, 19.100.060, and 19.100.070; repealing FWRC 19.91.065; and adding new sections to Chapters 19.91, 19.95, and 19.100 FWRC. (Amending Ordinance Nos. 90-39, 95-249, 97-293, 09- 627, 10-658, 11-710, 12-727 and 15-783) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt code amendments to allow for deferred collection of impact fees as required by Washington State law in ESB 5923, which was passed in 2015;and WHEREAS, the new Washington State law reqmres cities to adopt a deferral system for the collection of impact fees; and WHEREAS, the City of Federal Way 1s adopting impact fee payment deferral regulations in compliance with the new State law; and WHEREAS, the Washington State law deadline for adopting the impact fee deferral regulations is September 1, 2016; and WHEREAS, the proposed amendments implement business friendly procedures and provide assurances for collection of impact fees; and WHEREAS, the proposed amendments relate to governmental procedures and do not contain substantive changes respecting use or modification of the environment; therefore, the proposed Ordinance No. 16-Page 1 o/9 . Rev 1/15 LU 15 amendments are categorically exempt from environmental threshold determination requirements pursuant to WAC 197-11-800(19); and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on June 15, 2016, and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on July 11, 2016, and recommended adoption of the text amendments as recommended by the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section l. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as the amendments implement a legislative mandate to allow deferral of impact fee collection and address the financial burden of paying all fees during the early stages of the building process. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are required by Washington State law ESB 5923. ( d) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. ( e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (f) These code amendments have followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: Ordinance No. 16-__ 16 Page 2 o/9 Rev 1/15 LU (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG2 Develop an efficient and timely development review process based on a public/private partnership. LUP4 Maximize efficiency of the development review process . LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process . EDP2 Periodically monitor local and regional trends to be able to adjust plans, policies, and programs. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they implement business friendly procedures and will address the financial burden of paying fees at the early stages of the building process, and the amendments are required by Washington State law. ( c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they implement a legislative mandate to allow deferral of impact fee collection . Section 3. Section 19.91.060 of the FWRC is hereby amended to read as follows: 19.91.060 Assessment of impact fees. (1) The city shall collect impact fees, based on the land use categories and rates on the current fee schedule, from any applicant seeking development permits or pl at appro val fr om the eity where s1:1eh de¥elopmeRt actfv ity req u ire s the reeo rdiR g of a reside1:1t ial st.1bdi v is ion, issuance of a building permit or approval for a change in use, except for development exempt under FWRC 19 .91.080. This shall include, but is not limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional system improvements as well as a change in existing use that creates a demand for additional system improvements. The public works department is authorized to determine the appropriate land use category found in the rate schedule that applies to the application. (2) All impact fees shall be due and payable pursuant to the guidelines established in FWRC 19.100.070(3), e xcept as a utho rize d un d er FWR C 19.91.066. · (3) The public works department shall establish the traffic impact fee rate for a land use that is not listed in the fee schedule . The applicant shall submit all information requested by the city for purposes of determining the impact fee rate pursuant to FWRC 19.91.070 . ( 4) For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building that generates additional trips, the impact fee shall be the Ordinance No. 16-__ 17 Page 3 of9 Rev 1/15 LU applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate of the current use. (5) For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the traffic impact fee rates set forth in the fee schedule. (6) The department of community development services shall not record a residential plat or issue the required building permit until a covenant lien has been recorded pursuant to FWRC 19.J 00.070(3)(b) 19 .100.075(3), or the traffic impact fees set forth in the fee schedule have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. For a change in use where a building permit is not required, the applicant shall not occupy or permit a tenant to occupy the subject property unless and until the impact fee has been paid. Section 4. Section 19.91.065 of the FWRC is hereby repealed in its entirety. 19.91.065 TemperftF)' sespeesiao af h·ans.partetiae ielpoet fees .-eletin~ Now,ithstanding any other provisioe of this chapter, the city tem13orarily s1:1s13eeds the in:1po s ition ef.tl:ansportation im13act fees to the extent the assessment of the fee is the result of a change to a. i&Hd use category that results in a higher fee. This section shaU eot apply to a 13rojeet that e-·Kpands tl:le gross floor area of aH e*isting buiMing; and provided, that this s_eetion ap13lies only to the-ttSO;- renovation or remodeling of e,ristiag straetl1Fes nnel does not apply to reder;elopment projects in which existing struet1:1res are replooed. This section shall automatically expire on December 31 , 20 l 5 . (Ord.l'l-0.15 783, § 1, 2 3 l5 ; Ord. No.11 71('.), § 1,126 11) Section. 5. Chapter 19.91 of the FWRC is hereby amended to add a new section 19.91.066 to read as follows: 19.91.066 Option for defe.-red payment of transportation impact fee. An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final building inspection the payment of a transportation _impact fee for sin~;le-family residential_ dwell_ing_units _pursuant .. to. FWRC )9._1_00.075. , ...... , ... __ Section 6. Section 19.95.050 of the FWRC is hereby amended to read as follows: ........ _ 19.95.050 . Assessment of _impact .fees ........... -...................... ·--·-· .... -,--............ ----.............. -................................. _ .. __ ... _ ............ -..... . (1) The city shall collect school impact fees, based on the fee schedule adopted by city council, from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. (2t-The impact fees due OR a plat or a PUD s hall be assesseel aA.d collected from the let ow11er at the time 't'f'B0fl the building pemtits for eaeh dwelliRg unit is issued, using the fee sehedule then in effect. Residet1tial developments proposed for short plats s hall not be geverned by this subsect ion, but shall be governed by sHbseetioo (3) of th:is section. ~ ill For exts#ng Jots or lets not covered by s ubsection (2) of th.is section, all applications for single-family, and multifamily residential building permits, arid manufactured home permits, and site 13lan approval for mruu1faetered home parks proposed, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required school impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.95.055. Ordinance No. 16-__ 18 Page 4 o/9 Rev 1/15 LU (4) The city shal l not issue the req uired build in g perm it or man ufactured horno pomiit unless aad ffi3:til the impact fees set ferth in the fee sched1:1 le have beeR paie-:- Section 7 . Chapter 19.95 of the FWRC is hereby amended to add a new section 19.95.055 to read as follows: 19.95.055 Option for defe rred payment of s chool impact fee. An applicant may req uest at any ti me prior to bu.il ding pe rm it iss ua nce, and consistent with the req uirements of this section, to defer to fin al build ing inspection the payment of a school impact fee for a sin_g le-fam il y resi dent ia l dwellin g unit p urs uan t to FWRC 1_9_._l 00.075 ....................................... ·-·-· ..... _____ .... .. Section 8. Sectionl9.100.060 of the FWRC is hereby amended to read as follows : 19.100.060 Methods of mitigation. ( 1) The methods of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body, off- site improvements, on-site improvements, and other capital or noncapital methods that may effectively reduce direct impacts. (2) In lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, the city may approve a voluntary payment agreement with the developer, provided rio such agreement shall be required as a condition of approval, and shall be subject to the following provisions: (a) The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact. (b) The payment shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact. ( c) The payment shall be expended in all cases within applicable time limitations of Chapter 82.02 RCW, unless otherwise agreed to by the developer. (d) Unless the property owner elects to defer payments authorized in FWRC 19.100.070(1)(0) or (3)(b) 19.10 0 .0 75 , any payment not expended within applicable time limitations shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the city's reserve account applicable at the time ofrefund. If the payment is not expended within the applicable time limitations due to delay attributable to the developer, the payment shall be refunded without interest. (e) Property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for a specified period of time in the interest of providing the designated capital improvement or other capital improvement or program identified by the property owner and acceptable to the city. (f) The developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and/or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the property is situated and shall be binding on subsequent owners. Section 9. Section 19.100.070 of the FWRC is hereby amended to read as follows: Ordinance No. 16-__ 19 Page 5 o/9 Rev 1/15 LU 19.100.070 Timing of fee payments. Various sections of this Code require payment of fees to mitigate direct impacts of the development approval. Notwithstanding those fees eligible for deferment pursuant to subsections (l)(b), (l)(c), and (3)(c) of this section, the following describes when such fees shall be calculated and paid: (1) Open space fee-in-lieu. (a) As provided in FWRC 18.55.060 and 19.115 .-115, a fee in lieu of open space may be made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisions, or prior to building permit issuance for multifamily developments in the city center core and city center frame zoning districts, unless deferred as noted below. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. (b) For those residential land divisions vested prior to July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (c) For multifamily developments in the city center core and city center frame, open space fees-in-lieu may be deferred, but shall be paid no later than the completion of construction and prior to receipt of certificate of occupancy/approval to occupy for each floor or each building if phased, or five years from the recording of the deferment covenants, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense, prior to building permit issuance, to enforce payment of deferred fees. The· fee shall be calculated at the time of recording of the covenants and shall be divided equally among all residential units within the project. The fee shall be calculated based upon the square footage of open space that otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond building permit issuance, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. (2) Regional stormwater facility fee-in-lieu. Developments may be able to utilize stormwater detention in one of the city's regional stormwater facilities based on an area fee-in-lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments. (3) Transportation impact fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36.?0B. I 70 provided _otherwise, the fee shall be calculated and paid per the following: (a) -For resideAtiel land divisions , fees sl=lafl be calculated and paid attbe time of plat recordi:ng. For uAplatted single fafflily residemial lots and commercial aAd multifamily developments, fees shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. For a change in use for which no building Ordinance No. 16-__ 20 Page 6 o/9 Rev 1/15 LU permit is required, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. fbj For residential land dj,;risions a,ad unplatted single family residential lots, the transportatio.n impact fee may be deterred , but sball-ee-pa:id-ao later thaa the closing of sale of each indi·.iidBal hotise. Covenaats ~afed by the eity t:o eefuree payment of the deferred fees shall be recorded at the applicaHt's expense on each I.et at the time of plat recording fur residential land diYisions a.Bel prior to building perffiit is suance fer 1:1nplatted single family residential lots. Tlie fee shaU ee calculated based on the impact fue schedule in effect on the date of payment of the impact fee. (b) The city sbaU collect transportation impact fees, based on the fee schedule adopted by city council, from any applicant seeking development approval from the city where such development activity requires the iss uance of a residential building permit or a manufactured home permit. (c) For all applications for single-family, multifamily residential building permits, and manufactured home permits, the total amount of the impact fees shall be assessed and collected from the applicant When the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required transportation impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.100.075. (d) Where a building pennit is not required. for the development activity, the transportation impact fees shall be paid prior to issuance of the pennit that authorizes the activity. Section 10. Chapter 19.100 of the FWRC is hereby amended to add a new section 19.100.075 to read as follows: 19.100.075 Option for deferred payment of transportation and school impact fee. An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section. to defer to final building inspection the payment of a transportation impact fee and/or a school impact fee for a single-family residential dwelling unit. The following shall apply to any request to defer payment of an impact fee: (1) The applicant shall submit to the city a written request to defer the payment of an impact fee for a specifically identified building permit. Tbe applicant's request shaJI identify, as applicable, the applicant 's corporate identity and contractor registration number, the full names of all legal owners of the property upon which the development activity allowed by the building permit is to occur, the legal description oftbe property upon which the development activity allowed by the building permit is to occur, the tax parcel identification number of the property upon which the development activity allowed by the building permit is to occur, and the address of the property upon which the development activity allowed by the building permit is to occur. All applications shaU be accompanied by an administrative fee as provided for in the city's adopted permit and impact fee schedule. (2) The impact fee amount due under any request to defer payment of impact fees shall be based on the schedule in effect at the time the applicant provides the city with the information required in subsection (1) of thi s section. (3) Prior to the issuance of a building permit that is the subject of a request for a deferred payment of the impact fee, all legal owners of the property upon which the development activity allowed by the building pennit is to occur must sign a deferred impact fee payment lien in a form acceptable to the city attorney. The deferred impact fee payment lien shall be recorded against the ·property subject to the building permit and be granted in favor of the city in the amount of the deferred impact fee. Any such lien shall be junior and subordinate only to one mortgage for the purpose of construction upon the same real property subject to the building pennit. In addition to the Ordinance No. 16- 21 Page 7 o/9 Rev 1/15 LU administrative fee required in subsection (1) of this section, the app licant sha ll pay to the cjty the fees necessary for recording the lien agreement with the King County recorder . ( 4) The city shall no t approve a fi na l inspection until the impact fees identified in the defe1Ted impact fee payment Hen and the administrative deferral fee are paid in full. (5) ln no case sha ll payment of the impact fee be defe11"ed for a period of more than 18 months from the date of building permit issuance. E ighteen months after bui lding permit iss uance, the impact fee shall be paid regardJess of the status of the bui lding permit. unless the builrung permit has been canceled by the city. (6) Upon re ceipt of fina l payment of the deferred impact fee as identified in the deferred impact fee payment lien, the city shall execute a re lease of Lien for the property. The property owner may, at his or her own expense, record the lien release. (7) In the event that the deferred impact fee is not paid within the time provided in thj s section, the city may institute forec losure pro ceed ings under the process set forth in Chapter 61.12 RCW. The school d istrict may a lso institute foreclosure proceed ings as set forth in RCW 82.02.050(3). (8) An app licant is entitled to defer impact fees pursuant to th is section for no more than 20 single-fam il y dwelling unit bui lding permits per year in the city . For purposes of this section, an "applicant'; inc lu des an entity that controls the applicant, is controlled by the app l ica nt. or is und er co mmon control with the app li cant. Section 11 . Severabil ity . The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 12 . 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 13 . Ratificati.on . Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 14. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this -------' 20_ Ordinance No. 16- 22 day of Page 8 o/9 Rev 1/15 LU CITY OF FEDERAL WAY MAYOR, JIM FERRELL ATTEST: CITY CLERK, STEPHANIE COURTNEY, CMC APPROVED AS TO FORM: CITY ATTORNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DA TE: ORDINANCE NO.: Ordinance No. 16-__ 23 Page 9of9 Rev l/15 LU To: VIA: FROM: DATE: PLANNING COMMISSION MEMORANDUM Lawson Bronson, Chair of the Federal Way Planning Commission Scott Sproul, Acting Community Development Director Jim Harris , Planne~ t Isaac Conlen, Plan nin g Manager June 8, 2016 SUBJECT: Zoning and Development Code Text Amendments Related to Impact Fee Payment Deferral Program HEARING DATE: June 15, 2016 I A. POLJCY QllESTION Should the City revise the Federal Way Revised Code (FWRC) to allow a deferment of impact fee collection until the time a Iiew single-family residence receives final inspection? I B. MAYOR'SRECOMMENDATION The Mayor recommends allowing the deferment of school and transportation impact fee collection to the point of the final building permit inspection for new single-family residences. I C. ATTACHMENTS • Exhibit A-Proposed Text Amendments to Federal Way Revised Code (FWRC) Title 19, "Zoning and Development Code" • Exhibit B -Jurisdictional Comparisons • Exhibit C -May 27, 20 I 6, Federal Way Public Schools Letter from Sally McLean, Assistant Superintendent ID. SUMMARY This code amendment is in response to state legislation adopted in 2015. The state legislature enacted ESB 5923, requiring counties, cities, and towns to adopt a deferral system for the collection of impact fees for new single-family detached and single-family attached residential construction. Under the new state legislation, the City of Federal Way must adopt a deferral system for the collection of impact fees (school and transportation) that, upon developer request, delays payment until the time of: Planning Commission StaffReport Deferral System for Collection oflmpact Fees -Text Amendment . 24 June 8, 2016 Page I 1. Final inspection; 2. Issuance of the certificate of occupancy or equivalent certification; and/or 3. The closing of the first sale of the property. Other provisions of the new law include • The term of the deferral is not more than 18 months from issuance of the building permit. • The amount of impact fees that may be deferred is determined by the fees in effect at the time the applicant applies for a deferral. • Deferral of impact fees can be limited to the first 20 single-family residential building permits annually, per applicant. • An applicant seeking deferral must grant and record a lien against the property in favor of the municipality in the amount of the deferred impact fee. • Municipalities may collect reasonable administrative fees from applicants seeking a deferral. • To limit the "spin -off LLC" issue, "applicant" is defined to include, "an entity that controls the applicant, is controlled by the applicant, or is under common control with the applicant." • Limited grandfathering is authorized for an existing deferral system (in effect on or before April 1, 2015); even if it does not fully match the new state requirements, as long as all impact fees are deferred. • Municipalities and school districts are authorized to institute foreclosure proceedings if impact fees are not paid. The Mayor's recommendation allows the deferment of impact fee collection to the point of the final building permit inspection. I E. ANALYSIS OF RECOMMENDATION Current Practice School Impact Fee FWRC 19 .95 .050 currently requires the collection of school impact fees at the time the building permit is issued for a new single-family residence. Transportation Impact Fee FWRC 19.100.070(3) currently requires the collection of transportation impact fees as follows: For new subdivisions, the payment of transportation impact fees must be paid prior to recording the final plat; except FWRC 19 .100.070(3)(b) allows deferring the payment (with specific conditions) to a point no later than the closing of the sale of each individual house. For existing single-family lots, the payment of transportation impact fees must be paid at the time the building permit is issued for a new single-family residence; except FWRC 19.100.070(3)(b) allows deferring the payment (with specific conditions) to a point no later than the closing of sale of each individual house . Proposed Changes The purpose of this text amendment is to implement the state law mandate to allow deferral of collection and payment of impact fees. Planning Commission Staff Report Deferral System for Collection of Impact Fees -Text Amendme~S June 8, 2016 Page2 The proposed amendments will result in consistent treatment of school and transportation impact fee collection points and processes. The proposed amendments will result in a consistent default point for collection of school and transportation impact fee payments ( at the time of the issuance of a building permit). The proposed amendments will result in a consistent school and transportation impact fee deferral collection point of 18 months after the issuance of a building permit, or final building inspection, whichever is sooner. Staff has found that the current FWRC provision to allow deferral of the collection of transportation impact fees to the point of house sale is problematic due to the following reasons: • The city is not involved in purchase/sale of houses and has no knowledge or involvement when houses sell; • Sometimes there is a last minute request to the city to release/sign off before the sale closing. Appropriate staff may not be available immediately, or are expected to prioritize such requests at the expense of other important work; • Collection at time of sale will require the city staff and school district to create and implement a new and better process for tracking collections and deferrals; • Some houses are not sold (retained by developer) and collection never occurs under the current deferral system; and • Collection could fall through the cracks and create a title cloud in future. The proposed code amendments include procedures and requirements for deferring collection, so the city and school district are assured these fees are paid within 18 months of .deferral. One last provision of the code amendments is a house keeping amendment in the transportation mitigation section relating to suspension of impact fees for a change of use, to eliminate a paragraph (FWRC 19 .91.065) which is inapplicable as it has a sunset date of December 31, 2015. I F. PROCEDURAL SUMMARY The proposed text amendments are procedural amendments to the zoning and development code and therefore, exempt from an environmental threshold determination pursuant to State Environmental Policy Act Rules 197-l 1-800(19)(a). Public notice of the Planning Commission hearing was published in the Federal Way Mirror and posted on the city's designated bulletin boards on May 27, 2016. This staff report was issued on June 8, 2016, and emailed to members of the Planning Commission. G. BASIS FOR PLANNING COMMISSION ACTION FWRC Title 19, "Zoning and Development Code," Chapter 19.80, "Process VI Review," establishes a process and criteria for development regulation amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: Planning Commission Staff Report Deferral System for Collection ofimpact Fees -Text Amendmet~f 6 June 8, 2016 Page3 1. To review and evaluate the proposed development regulation amendments. 2. To determine whether the proposed development regulation amendment meets the criteria provided by FWRC 19.80.130 (item H below). 3. To forward a recommendation to City Council regarding adoption of the proposed development regulation amendment. I H. DECISIQNAL CRITERJA FWRC 19.80.130 provides criteria for development regulation amendments. The following section analyzes the compliance of the proposed amendments with the criteria provided by FWRC 19.80.130. The city may amend the text ofthe FWRC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. Sia.ff Response -The proposed code amendment is consistent with the following goals and policies: LUG 2 -Develop an efficient and timely development review process based on a public/private partnership. - L UP 4 -Maximize efficiency of the development review process LUP6-Conduct regular reviews of development regulations to determine how to improve upon the permit review process. EDP2 -Periodically monitor local and regional trends to be able to adjust plans, policies and programs. 2. The proposed amendment bears a substantial relation to publi~ health, safety, or welfare. Staff Response -The proposed code amendments bear a substantial relationship to public welfare as they implement business friendly procedures and will address the financial burden of paying fees at the early stages of the building process; before a development project is generating any revenue for developers. The draft code amendments include provisions for collection of fees within 18 months of permit issuance or sooner, and include procedures for collection of deferred payment. Adoption of the code amendments is required by Washington State law. 3. The proposed amendment is iri the best interest of the residents of the city . Staff Response -The proposed code amendments are in the best interest of the city as they implement a legislative mandate to allow deferral of impact fee collection and address the financial burden of paying all fees at the early _stages of the building process. Planning Commission Staff Report Deferral System for Collection oflmpact Fees -Text Amendme1~h June 8, 2016 Page 4 I I. PLANNING COM!VJlSSIONACTION The Mayor recommends allowing deferral of the collection of transportation and school impact fees until the point of final inspection for new single-family residences as shown in Exhibit A. Consistent with the provisions ofFWRC 19.80.240; the Planning Commission may take the following actions regarding the proposed development regulation amendments: · 1. Recommend to City Council adoption of the FWRC text amendments as proposed; 2. Modify the proposed FWRC text amendments and recommend to City Council adoption of the FWRC text amendments as modified; 3. Recommend to City Council that the proposed FWRC text amendments not be adopted; or 4. Forward the proposed FWRC text amendments to City Council without a recommendation. Planning Commission Staff Report Deferral System for Collection of Impact Fees -Text Amendmetifo June 8, 2016 Page S S 19 16 5-23-16 -2nd Draft 5-26-16 -3rd Draft 6-6-16 -4th draft Draft code language for Impact Fee Deferral Chapter 19.91 TRANSPORTATION IMPACT FEES Sections: 19.91.010 Title. 19.91.020 Purpose and intent. 19 .91 .030 Findings and authority. 19.91.040 Definitions. 19 .91 .050 Transportation impact fees methodology and applicability. 19 .91.060 Assessment of impact fees. -19.~ 1 . 065 TempofaFY-SUSl')ensioA-G~~ortation impact foes relating to change-ifH,1se. 19.91.065 Option for deferred payment of transportation impact fee . 19.91.070 Independent fee calculations. 19. 91. 080 Exemptions. 19.91.090 Credits. 19.91.100 Adjustments . 19.91.110 Establishment of impact fee account. 19.91.120 Authorization for interlocal agreement. 19.91.130 Administrative guidelines. 19.91.140 Refunds. 19.91.150 Useoffunds. 19. 91.160 Periodic adjustment of rates. 19.91.170 Administrative fees. 19.91.180 Review by director and appeals. 19.91.190 Existing authority unimpaired. 19.91.200 Relationship to State Environmental Policy Act (SEPA). 19.91.210 Relationship to concurrency management. 29 EXHJRIT tl PAGE OF 31 1 This chapter shall be hereinafter known as the city of Federal Way transportation impact fee (TIF). (Ord. No. 09-627, § 3, 10-20-09) .1.9.91.020 ._Purpose _and _intent. _____ ............. -......... -....... -... ---····-····-··-·-······-............ -........................ _ ...................................... -.. -... -.. -- The purpose and intent of this chapter is for the collection of impact fees for streets and roads, and providing for certain other matters in connection therewith. (Ord. No. 09-627, § 3, 10-20-09) .1.9._91 _. 039 .. Findings .. and _ autho~ity · .... ,· ............ , ... ,.. .... _ ... _ ....... -.. ~ .. -............... _ .. _ .......... -.... -.............. _,, ___ ................. -......... -.......... _ ............... . The city council of the city of Federal Way hereby finds and determines that development activities, including but not limited to new residential, commercial, retail, office, and industrial development, in the city of Federal Way will create additional demand and need for public facilities in the city, and the council finds that such new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The city of Federal Way has conducted extensive research and analysis documenting the procedures for measuring the impact of new developments on public facilities, has prepared the "Rate Study for Transportation Impact Fees, City of Federal Way" dated February 2009 ("rate study"), and incorporates that rate study into this title by this reference. The rate study utilizes a methodology for calculating impact fees that fulfills all of the requirements of RCW 82 .02 .060 (1 ). A copy of the rate study shall be kept on file with the city clerk and is available to the public for review. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess impact fees for streets and roads. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. (Ord. No. 09-627, § 3, 10-20-09) 19.91.040 Definitions. ,,.,,...,..,,.,,.,.,,., • .,.,r, .. 1,nn .. ,oA -•o<ouo ... ,_,_,. hOn1 -•"'"''"-'',_,,..,,_,u,_,_.,,,hou,,,,\ . .,, ..... _ ... __ , .... --,,•~•,+, .. -..l._.,_,,_,., .. -..... ,,_.,,,,,,,, ... .,,.,...,_..,_,..,, .... _.,.,..,,., .... .,.,, ..... ,,, .... ,., .. ,., .... ., .... ._.,,,,, .. ,,.,0_,_,._,,_,.,, The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02 .090 or given their usual and customary meaning. "Applicant" means a person who applies for a building permit under Chapter 19.20 FWRC and who is the owner of the subject property or the authorized agent of the property owner. EXHn=tlT It PAGE 2 OF :3~ .2 30 "Building permit" means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition , moving, or repair of a building or structure . "Capital facilities plan " means the capital facilities element of the city's comprehensive plan adopted pursuant to Chapter 36.70A RCW and such plan as amended . "City code section " means the Federal Way Revised Code or, when followed by a numerical designation, a provision of the FWRC . "Council" means the city council of the city. "Department" means the city 's department of public works . "Development activity" means any work, condition, or activity which requires a permit or approval under the city's subdivision, zoning, or building code. Exempt permits are set forth in FWRC 19.91 .080. "Development approval" means any written authorization from the city authorizing the commencement of a development activity or use. "Director" means the director of the department of public works of the city of Federal Way or her/his designee . "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. "Hearing examiner" means the hearing examiner operating pursuant to the powers and duties set forth by Chapter 2.95 FWRC . "Impact fee" means a payment of money imposed by the city of Federal Way on development activity pursuant to this title as a condition of granting development approval. "Impact fee" does not include a reasonable permit fee, an application fee , the administrative fee for collecting and handling impact fees , or the cost of reviewing independent fee calculations. "Independent fee calculation" means the street and road impact calculation, and/or economic documentation prepared by an applicant, to support the assessment of an impact fee other than by the use of the rates listed in the fee schedule, or the calculations prepared by the director where none of the fee categories or fee 31 EX Hlq lT_(} __ s PAGE ? OF 33 amounts in the traffic impact fee in the fee schedule accurately describe or capture the impacts of the development activity on public facilities. "Interest" means the average interest rate earned in the last fiscal year by the city of Federal Way. "/TE land use code" means the classification code number assigned to a type of larid use by the Institute of Transportation Engineers in the latest edition of Trip Generation. "P.M. peak hour" means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m. on weekdays. "P. M. peak hour trips" means the total vehicular trips entering and leaving a place of new development activity on the adjacent public road or street during the p.m. peak hour. "Proje ct improvements" means site improvements and facilities that are planned and designed to provide service for a particular development project and are necessary for the use and convenience of the occupants or users of the project, and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. "Public facilities," for purposes of this chapter, means the following capital facilities owned or operated by the city of Federal Way or other governmental entities: public streets and roads. "Rate study" means the Transportation Impact Fees Program, City of Federal Way, by Fehr & Peers/Mirai, dated February 2009. "RCW' means the Revised Code of Washington or, when followed by a numerical designation, a provision of the . Revised Code of Washington. "Residential" or "residential development" means all types of construction intended for tiuman habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. "Square footage" means the square footage of the gross floor area of the development as defined in this Code . "Street" or "road" means a public right-of-way and all related appurtenances which enables motor vehicles, transit vehicles, bicycles and pedestrians to travel between destinations, and affords the principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, street, and other 32 EXP.IQ.IT_ A PAGE L-/ OF 31 4 thoroughfare. For purposes of this chapter, public .streets and roads are collectively referred to as "transportation." "System improvements" means public facilities that are included in the city of Federal Way 's capital facilities plan, and such plan as amended, and are designed to provide service to service areas within the community at large, in contrast to project improvements . "Transportation" means public streets and roads and related appurtenances. "Transportation impact fee account(s)" means the account(s) established for the transportation impact fees that are collected. The account(s) shall be established pursuant to FWRC 19.91 .110 and shall comply with the requirements of RCW 82 .02 .07 0 . (Ord . No. 09-627, § 3, 10-20-09) 1_9. 91_. 050 _ Transportation ,_impact _ fees .. met ~odology .. a nd .. app1icability. ____ .......... _ .. _ ..... ., ........... -.................. .. The transportation impact fee rates are generated from the formula for calculating impact fees set forth in the rate study, which is on file with the public works department. Except as otherwise provided for independent fee calculations in FWRC 19.91 .070 , exemptions in FWRC 19 .91 .080 , and credits in FWRC 19 .9 1 .090 , all new development activity in the city will be charged the transportation impact fee applicable to the type of development as set forth in the traffic impact fee in the current fee schedule as adopted by council. (Ord. No . 09-627, § 3 , 10-20-09) _1_9.91 _.060 Assessm~nt of impact_fees. _____ .... ___ ,, __ ., ................ _ .............................. -... ~ .... -- (1) The city shall collect impact fees, based on the land use categories and rates on the current fee schedule, from any applicant seeking development permits eF ~lat a ppreva l frnm the city-wh e re such devel9j:)m e nt activity FeqUifes t he recerd ing ef a re sidentia l suba~v.isien , issuance of a building permit or approval for a change in use, except for development exempt under FWRC 19.91 .08 0. This shall include, but is not limited to, the development of residential , commercial, retail, office, and industrial land, and includes the expansion of existing uses that creates a demand for additional system impr_ovements as well as a change in existing use that creates a demand for additional system improvements . The public works department is authorized to determine the appropriate land use category found in the rate schedule that applies to the application . (2) All impact fees shall be due and payable pursuant to the guidelines established in FWRC 19 .100.070 (3). 33 EXP.!q lT_ ........ B _ 5 PAGE 5 OF 33 (3) The public works department shall establish the traffic impact fee rate for a land use that is not listed in the fee schedule. The applicant shall submit all information requested by the city for purposes of determining the impact fee rate pursuant to FWRC 19.91 .070. (4) For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building that generates additional trips, the impact fee shall be the applicable impact fee for the land use category of the new use, less any impact fee previously paid for the land use category of the prior use. If no impact fee was paid for the prior use, the impact fee for the new use shall be reduced by an amount equal to the current impact fee rate of the current use. (5) For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the traffic impact fee rates set forth in the fee schedule. (6) The department of community development services shall not FeGerd a resieeRtial-plat-er issue the required building permit until a covenant has been recorded pursuant to FWRC 19.100.075 et al, or the traffic impact fees set-forth in the fee schedule have been paid as set forth in the fee schedule or in the amounts that they exceed any credits allowable under this chapter. For a change in use where a building permit is not required, the applicant shall not occupy or permit a tenant to occupy the subject property unless and until the impact fee has been paid. (Ord. No. 10-658, § 3, 5-18-10; Ord. No. 09-627, § 3, 10-20-09) 19.91.065 Temporary . suspension of_trans_portation_ im~act fees . relatin9 .. to _changeJ.!_l _~se ..... Not>.<Jithstanding-aA}I--QtRer provision of this chapter. the city temporarily suspends the imposition of tmsp~act fees tG-tl:le extent the assessment of the fee is the result of-a change to a lan€H:!Se categ~t results iA--a-Rigl=lef-fee . This sectioA--ol:lall-AGt-af)ply to a project tl:lat expands the-gress floor area of an existinQ-Gt:likung; and pfGlMed, that this section applies only to the-use, renovation or-remodeling of existing strl:IGtures and does not-af3t)ly to redevelopmeRt-projects in whicl:l ex-ist+Ag-sti:Ysk,u:es-ar:e-replace4-TJ:ii6 secti-en shall auternatisaUy-exph:e-oA-Gecember 31, 2015 . (Ord . No. 15-783, § 1, 2-3-15; Ord. No. 11-710, § 1, 12-6-11) 19.91.065 Option for deferred payment of transportation impact fee. An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final building inspection the payment of a transportation impact fee for a single-family residential dwelling unit pursu ant to FWRC 19.100.075 . ..................................................................................................... -~ ................................ __ ., .. -····-········-----.. -······-·· .. ··· ......................................................... ~ ....................... --.. ··-····"'-············ .... -... , .................. . EXHJq,IT ____ A-_ 6 34 PAGE k Of 31 .1.9.91.070 lnde..eendent fee cal~ulations. ---·-·····-----.. --... ---.................. _ .. ,. ........ _ .. ., ........ __ ..................... ~ ...................... -... . (1) If, in the judgment of the director, none of the fee categories or fee amounts set forth in FWRC 19.91 .060 accurately describes or captures the impacts of a new development on roads, the department may conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. (2) The applicant may opt not to have the impact fees determined according to the fee structure in the traffic impact fee schedule listed in the city fee schedule, in which case the applicant shall prepare and submit to the director an independent fee calculation for the development activity for which a development permit is being sought. The documentation submitted shall be prepared by a licensed traffic engineer and shall show the basis upon which the independent fee calculation was made using procedures consistent with those established in the Trip Generation Handbook, current edition, by the Institute of Transportation Engineers. An independent fee calculation shall use the same methodology used to establish impact fees set forth in the traffic impact fee schedule, shall be limited to adjustments in trip generation rates and lengths used in the rate study, and shall not include travel demand forecasts, trip distribution, transportation service areas, costs of road projects, or cost allocation procedures. (3) The applicant submitting an independent fee calculation will be required to pay the city of Federal Way a fee to cover the cost of reviewing the independent fee calculation. The fee required by the city for conducting the review of the independent fee calculation shall be charged on an hourly° rate as adopted by the council at the time of the submittal. (4) There is a rebuttable presumption that the calculations set forth in the rate study and the fee set forth in the traffic impact fee schedule are valid. The director shall consider the documentation submitted by the applicant, but is not required to accept such documentation or analysis which the director reasonably deems to be inapplicable, inaccurate or not reliable. The director may require the applicant to submit additional or different documentation for consideration . The director is authorized to adjust the impact fees on a case-by-case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. (5) Determinations made by the director pursuant to this section may be appealed as set forth in FWRC 19 .91 .180. (Ord. No. 09-627, § 3, 10-20-09) 1 _ 9. 91 . 0 8 0 . Exemptions ...... _ ............................................ _ ...................... _ .. _ ............ _ ............. _ ................................. -..................... -.............. . 35 EXH•qlT_A_ PAGE 1 OF_:/3_ 7 (1) Except as provided for below, the following shall be exempted from the payment of transportation impact fees: (a) Alteration or replacement of _an existing nonresidential structure that does not expand the usable space, add any residential units or generate any additional p.m. peak trips. (b) Miscellaneous improvements which do not generate increased p.m. peak trips, including, but not limited to, fences, walls, residential swimming pools, and signs. (c) Demolition or moving of a structure when additional p.m. peak hour trips are not generated. (d) A change of use that does not generate one or more p.m. peak hour trips. (e) Miscellaneous permits such as electrical, fire protection system, mechanical, plumbing, right-of-way use, shoreline and sign permits which do not generate any new trips. (f) Rezones, comprehensive plan amendments, land surface modifications, commercial subdivisions, boundary line adjustment and lot line eliminations, which do not generate any trips. (g) Structures constructed by a regional transit authority as defined in RCW 82.02.09. (h) Any development permit application that has been submitted to the city before 5:00 p.m. the business day before the effective date of the ordinance codified in this chapter and subsequently determined to be a complete land use application in conjunction with a concurrency application, based on the information on file as of the effective date of the ordinance codified in this chapter. (2) The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section or under other applicable law. Determinations of the director shall be subject to the appeals procedures set forth in FWRC 19.91.180. (Ord. No. 09-627, § 3, 10-20-09) 19.91.090 Credits. ,1 ....... -, ........... -••• O ,.. O ... ••, ,o n o ooo ........ ~., .... _ .. , •• , ............. _ ...... ,.,.., .... _ ....... , .............. • ........... M .............. , .......................... -..................... ..... ~ ....... ,. .. _.,,, .... ,,,, ............................................... _ .. _ (1) An applicant may request that a credit or credits for impact fees be awarded to him/her for the total value of system improvements, including dedications of land, improvements and/or construction provided by the applicant. Credits will be given only if the land, improvements, and/or the facility constructed are: EXt·UqlT A 8 36 PAGE Y OF 1 :J (a) For one or more of the transportation projects listed in the rate study as the basis for calculating the impact fee. (2) The director shall determine if requests for credits meet the criteria in subsection (1) of this section or under other applicable law. Determinations of the director shall be subject to the appeals procedure set forth in FWRC 19.91.180. (3) Each request for a credit or credits shall include a legal description of the dedicated land, a detailed description of improvements or construction provided, and a legal description or other adequate description of the development to which the credit will be applied. (4) For each request for a credit or credits, the director shall determine the value of the dedicated land, improvements, or construction on a case-by-case basis. In the event that the applicant disagrees with the director's valuation, the applicant may submit an appraisal for the director's consideration, prepared by a state certified MAI (Member of the American Institute of Appraisers) or licensed engineer and be licensed in good standing pursuant to Chapter 18.40 RCW et seq., in the category for the property to be appraised, and shall not have a fiduciary or personal interest in the property being appraised. (5) The appraiser and/or licensed engineer shall be directed to determine the fair market value of the total value of the dedicated land, improvements, and/or construction provided by the applicant. The applicant shall pay for the actual costs for the appraisal. (6) After receiving and reviewing the appraisal, the director will determine the dollar amount of any credit, the basis for the credit, the legal description of the real property dedicated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied with issuance of the building permit. If the total value of any such dedication, improvement or construction cost exceeds the amount of the impact fee obligation, the developer will not be entitled to reimbursement of the difference. (7) No credit shall be given for project improvements or right-of-way dedications for direct access improvements to and/or within the subject development above and beyond what is proposed in the capital facilities plan. (8) Any claim for credit must be made before payment of the impact fee and prior to the issuance of the building permit or a permit for a change in use. The failure to timely file such a claim shall constitute a final bar to later request any such credit. EXH•~nT /\ 9 37 PAGE ':t OF 33 (9) Determinations made by the director pursuant to this chapter shall be subject to the appeals procedures set forth in FWRC 19.91.180. (10) No impact fee for a specific development shall be increased or decreased once said fee has been paid. (Ord. No. 09-627, § 3, 10-20-09) Pursuant to and consistent with the requirements of RCW 82 .02 .060, the rate study has provided adjustments for future taxes to be paid by the development activity which are earmarked or pro-ratable to the same new public facilities which will serve the new development. The traffic impact fee rates in the fee schedule have been reasonably adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. (Ord. No. 09-627, § 3, 10-20-09) 1_9.91.110 _ E~ab,lishment _of_ impact f~ .. accou.nt. .... -·····-·· ········--··-···--···- (1) Impact fee receipts shall be earmarked specifically and deposited in a special interest-bearing account. (2) The city shall establish a separate impact fee account for the fees collected pursuant to this chapter: transportation impact fee account. Funds withdrawn from the account must be used in accordance with the provisions of this chapter and applicable state law. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected. (3) On an annual basis, the finance director shall provide a report to the council on the transportation impact fee account showing the source and amount of all moneys collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. Impact fees shall be expended or encumbered within six years of receipt, unless the council identifies in written findings extraordinary and compelling reasons for the city to hold the fees beyond the six-year period. Under such circumstances, the council shall establish the period of time within which the impact fees shall be expended or encumbered. (Ord. No. 09-627, § 3, 10-20-09) .1.~.91.1.20 Authorization .. for i~terlocal agreement. ..... -........... -........... -...... -.. ·-·-·········-... -.... ,-..... -.................... -...................... .. 38 EXMH~IT It 10 --~-~ PAGE z /) OF_,_33 ___ The mayor is authorized to execute, on behalf of the city, an interlocal agreement with other agencies having authority over transportation facilities to identify impacts and provide mitigation for those impacts. In no case shall mitigation payments to the city be reduced to account for mitigation payments to other jurisdictions. (Ord. No.11-684, § 15, 1-18-11; Ord. No. 09-627, § 3, 10-20-09) 19.91.130 Administrative nuidelines. · ......... ,µ.,, •• 'l, ... "1 .... -, ........................................................... _ ........ i?'-... -.-. .. .,..-......................... ~ .................................... _ .... 1 .................. -.............. -•• -.... , ... _.,_,, __ .. __ •• _,.. ....... _ .............. _...,, ................. • ............. -.... .. The public works director is hereby authorized to adopt internal guidelines for the administration of transportation impact fees, which may include the adoption of a procedures guide for transportation impact fees. (Ord. No. 09-627, § 3, 10-20-09) 19;91.140 Refunds. (1) If the city fails to expend or encumber the impact fees within six years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to FWRC 19.91 .110, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first in, first out basis. (2) The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimants must be the owner of record of the real property against which the impact fee was assessed. (3) Property owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. (4) Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate system improvements. (5) Refunds of impact fees or offsets against subsequent impact fees under this section shall include any interest earned on the impact fees by the city. (6) When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the 39 EXH I q IT___.f',r_1_1 PAGE n OF :3 2 city shall place notice of such termination and the availabili!Y of refunds in a newspaper of general circul~tion at least two times and shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year after the second publication. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. (7) The city shall also refund to the current owner of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, however, that, if the city has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset in the amount of the fee originally paid and not refunded. The petitioner must provide receipts of impact fees previously paid for a development activity of the same or substantially similar nature on the same real property or some portion thereof. The director shall determine whether to grant an offset, and the determinations of the director may be appealed pursuant to the procedure in FWRC 19.91.180. (Ord. No. 09-627, § 3, 10-20-09) 19.91.150 Use of funds . • -····---··· .. ••••••••• .. •••• .. , ................ _____ ,,, __ ••• -~ -•• • -..,... ............. ..-............................... .,. .... ~ .... --··· ..... __..~ ........... ~ ... , ................ _ .. __ ,_ ••• , •• Ofr" .................. ,y .... ---· ........ • --· (1) Pursuant to this title, transportation impact fees: (a) Shall be used for system improvements that will reasonably benefit the new development activity; (b) Shall not be imposed to make up for deficiencies in public facilities; and (c) Shall not be used for maintenance or operation. (2) Transportation impact fees may be spent for public improvements to streets and roads as herein defined and including, but not limited to, transportation planning, engineering design studies, land survey, right-of-way acquisition, site improvements, necessary off-site improvements, engineering, architectural, permitting, financing, administrative expenses, construction of streets and roads and related facilities such as curbs, gutters, sidewalks, bike lanes, storm drainage and installation of traffic signals, signs and street lights, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. EXHl.qlT /} 12 40 PAGE D: OF 3? (3) Transportation impact fees may also be used to recoup system improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. (4) In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. (Ord . No. 09-627, § 3, 10-20-09) _1_9. 91 _.160 .. Periodic .. adj~st'!lent of rates.---·----·--·----··-··--·---· -.. -·---··--· .. ·--··--··-······---··--.. _. .................................. . (1) The traffic impact fee in the fee schedule will be amended to reflect changes to the 20-year transportation project list as part of adoption of amendments to the capital facilities element of the city's comprehensive plan. Amendment to the schedule for this purpose shall be adopted by the council. (2) The traffic imp·act fee in the fee schedule shall be indexed to provide for an automatic fee increase each January 1st beginning in the year 2011. A three-year moving average of the Washington State Department of Transportation Construction Cost Index will be used to determine the increase in fees for each year to reflect increased project costs . (3) A new rate study, which establishes the traffic impact fee in the fee schedule, shall be updated every three years, unless the city determines that circumstances have not changed to warrant an update. (Ord. No. 09-627, § 3, 10-20-09) 19.91.170 Administrative fees. (1) There shall be a fee for the administration of the transportation impact fee program in an amount equal to three percent of the amount of the total traffic impact fee determined from the fee schedules. The administrative fee shall be deposited into an administrative fee account within the transportation impact fee funds. Administrative fees shall be used to defray the cost incurred by the city in the administration and update of the transportation impact fee program . The administrative fee is not creditable or refundable . (2) The administrative fee, in addition to the impact fee, shall be paid by the applicant at the same time as the impact fee. (Ord . No. 09-627, § 3, 10-20-09) EX Hl ~tlT A 13 41 PAGE 13 OF 4 3 (1) The applicant may pay the impact fees imposed by this title under protest so that the building permit, or a change in use when no building permit is required. No appeal shall be permitted until the impact fees at issue have been paid. (2) Requests for review regarding the impact fees imposed on any development activity may be filed only by the applicant for the development activity at issue. (3) The applicant must first file a request for review regarding impact fees with the director, as provided herein : (a) The request shall be in writing on the form provided by the city; (b) The request for review by the director shall be filed within 14 calendar days after the applicant's payment of the impact fee at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; (c) No administrative fee will be imposed for the request for review by the director; and . (d) The director shall issue his/her determination in writing. (4) Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision concerning the independent fee calculation which is authorized in FWRC 19.91 .070 , or any other determination which the director is authorized to make pursuant to this chapter, may be appealed by the applicant or owner using the same process as the underlying development permit application or process I of this title if there is no underlying development permit, substituting the director of public works for the director of community development. The appeal, in the form of a letter of appeal, must be delivered to the department of community development within 14 calendar days after issuance of the decision of the director. In those cases where the proposed development activity may require a public hearing under the authority of other chapters of this code, the hearings may be combined. For example, if the underlying development permit application is a preliminary plat, the appeal shall be heard at the preliminary plat public hearing. (Ord. No. 09-627, § 3, 10-20-09) .19.91 .. 1.90 .,E~isting a~thority .. unimpaired ....... -............................................... ., ............. , .......................... ,. ................................... , ............. _ Nothing in this title shall preclude the city from requiring the applicant or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State 42 EXH•~UT __ J} ___ PAGE lYJ OF 3 3 14 Environmental Policy Act, Chapter 43 .21 C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58 .17 RCW, governing plats and subdivisions , so long as the exercise of such authority is consistent with the provisions of Chapters 43.21 C and 82 .02 RCW. (Ord. No. 09-627, § 3, 10-20-09) _19:91.200 Relationsh ip to State Environmental Policy _Ac ijSEP ~·-···-·······~-····-·--·-········-----······---··· (1) All development shall be subject to the environmental review pursuant to SEPA and other applicable city ordinances and regulations. (2) Further mitigation in addition to the impact fee shall be required for identified adverse impacts appropriate for mitigation pursuant to SEPA that are not mitigated by an impact fee program. (Ord. No. 09-627, § 3, 10-20-09) 1.9.91 _.21 _0 Relations ~ip to .concurrency .. !11 a.nag ement. .. Neither compliance with this chapter nor the payment of any fee hereunder shall constitute a detennination of transportation concurrency under this chapter. (Ord . No. 09-627, § 3, 10-20-09) Chapter 19.95 SCHOOL IMPACT FEES1 Sections: 19 .95 .010 Findings and authority. 19.95.020 Definitions . 19 .9 5 .030 Impact fee program elements. 19.95.040 Fee calculations. 19.95.050 Assessment of impact fees . 19.95.055 O ption for deferred payment of impact fees 19.95.060 Exemptions and credits. 19.95 .065 Impact fee adjustment. 19.95 .070 Appeals and independent calculations . 19.95 .080 The impact fee account-Uses of impact fees and refunds . 19.95.090 lnterlocal agreement. 19.95 .1 0 0 Submission of district capital facilities plan and data . 43 EXHl q lT /l PAG E f :f OF 33 15 19.95.110 Review. The city council of the city of Federal Way (the "council") hereby finds and determines that continuing growth a.nd development in the city of Federal Way will create additional demand and need for school facilities, and the council finds that the Washington State Growth Management Act requires that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this title to assess school impact fees. The provisions of this title shall be liberally construed in order to carry out the purposes of the council in establishing the school impact fee program. (Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-209.) 19.95.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. To the extent they do not conflict with this section, the definitions in RCW 82.02 .090 are adopted and apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here or in RCW 82 .,02 .090 are defined according to FWRC 1.05.020. "Capital facilities plan" means the district's capital facilities plan adopted by the school board consisting of: (1) A forecast of future needs for school facilities based on the district's enrollment projections; (2) The long-range construction and capital improvements projects of the district; (3) The schools under construction or expansion; (4) The proposed locations and capacities of expanded or new school facilities; (5) At least a six-year financing plan component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; (6) Any other long-range projects planned by the district; and (7) A fee schedule indicating the standard impact fee amount per dwelling unit type . EXH•·qlT I\: 16 44 PAGE l lt OF 33 "Classrooms" means educational facilities of the district required to house students for its basic educational program . Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, an.d child care centers, are not classrooms. "Construction cost per student" means the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. "Design standard" means the space required, by grade span and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the district as identified in the district's capital facilities plan. "Developer' means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. "Development activity" means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. "District"means the Federal Way School District No. 210, King County, Washington. "Elderly" means a person aged 62 or older. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. "Fee schedule" means the schedule set forth in the district's capital facilities plan adopted by reference by the city indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the city. "Grade span" means the categories into which a district groups its grade of students, i.e., elementary school, middle or junior high school, and high school. "lntertocal agreement" means the interlocal agreement by and between the city and the district as authorized in FWRC 19.95.090. 45 EXP.l ~UT __ 4_ PAGE /7 OF 3. 3 11 "Permanent facilities" means the facilities of the district with a fixed foundation which are not relocatable facilities. "Relocatable facility" means any factory-built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within the district, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. "Relocatable facilities cost per student" means the estimated cost of purchasing and siting a relocatable facility in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. "Site cost per student" means the estimated cost of a site in the district for the grade span of school to be provided, as a function of the district's design standard per grade span and taking into account the requirements of students with special needs. "Standard of service" means the standard adopted by the district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the district. The district's standard of service shall not be adjusted for any portion of the classrooms housed in relocatable facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, "transitional fa cilitie s" shall mean tho.se facilities that are used to cover the time required for the construction of permanent facilities called for in the capital facilities plan, where the district has the necessary financial commitments in place to complete the permanent facilities. "Student factor' means the number derived by the district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student generation rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation, unless such information is not available in the district, in which case data from adjacent districts, districts with similar demographics, or county-wide averages may be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans. (Ord. No. 09-600, § 16, 1-6-09; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-210.) 1_9.95. 030 _ Im pact . fee program __ elements._., ____ ., _____ _, ..................................... _ ........................ ~ ......... ,.--.... --···----··"""""""'"-'"""' EXHU~IT /\ 18 46 PAGE tx OF 3~ (1) Impact fees will be assessed on all residential development activity in the city based on the provisions of FWRC 19.95.050. (2) The impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. (3) The impact fee shall be based on a capital facilities plan developed by the district and approved by the school board, and adopted by reference by the city as part of the capital facilities element of the city's· comprehensive plan. (Ord. No. 95-249, § 1, 11-21-95. Code2001 § 14-211.) 19.95.040 Fee calculations . ...... .., ........ ,., ___ .,,, .. -, .. -, .. --·····-.,_ ... .,. .................... ··-.. -.... ,,--... ,., .. -,.,, .. _ .. _ .. _,.,,,,,,, ____ , ·-...... _ .. ________ .............. ,,__... .... _,, ................... ---·•···•-"'!-•..-,·-·--·---··--, ........ r .. , ... ,_ (1) The impact fees for the district shall be calculated based on the formula set forth in Exhibit A attached to the ordinance codified in this chapter. A copy of the fee calculation formula shall be kept on file with this ordinance in the office of the Federal Way city clerk. Such formula shall take into account the following: The capital facilities needs of the district as identified in the capital facilities plan, the district's student generation rates for single-family and multifamily dwelling units, the school site and school construction costs per student per grade level, the district's standard of service, and the relocatable facilities cost per student per grade level. (2) Separate fees shall be calculated for single-family and multifamily dwelling units, and separate student generation rates must be determined by the district for each type of dwelling unit. For purposes of this chapter, manufactured homes shall be treated as single-family dwelling units and duplexes shall be treated as multifamily dwelling units. (3) The fee calculations shall be made on a district-wide basis to assure maximum utilization of all school facilities in the district currently used for instructional purposes. Impact fees shall be calculated annually and set forth in a fee schedule adopted by city council pursuant to FWRC 19.95.100 and 19 .95 .110. (4) The formula in Exhibit A provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issue in the district, which historical levels shall be determined by the district. (5) The formula also provides for a credit for school sites or facilities actually provided by a developer which the district finds to be acceptable as provided for in FWRC 19.95.060. (Ord. No. 97-293, § 1, 4-15-97; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-212.) EXHl~~UT It 19 47 PAGE 1q OF 3J . 1_ 9. 95. 050 Assessme ~t -of.im pa ct. fees .... ·--···--···· .. ··················· ... -........... _ .. , ..... _ ...................................................... _.,.-,.··-·······--· (1) The city shall collect school impact fees, based on the fee schedule adopted by city council, from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. (2) The impact fees due-9R-a-plat or a PUD shall 'be assesse€1 and Gollested from the lot owner at the-time wt:ien the bui1€1i-Rg.-permits-for each dwelling unit is issue4,--u-s~Je...tl:len in effec~EleAt+al eevelopmems-pi:GJ**>ecl for short plats shall not-be governed by this subseGtion, but shall be governed by SIJ.QS~ this section,. t3t m For S*isHAg lots or lots not covered by subsection (2) of this section , all applications for single-family, and multifamily residential building permits, and manufactured home permits, aoo--site-plaA-aPf,li:Gval-for manufactured home parks prop960EI , the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted, no permit shall be issued until the required school impact fees set forth in the fee schedule have been paid , except as authorized under FWRC 19.95.055. (4) The city shall not issue-tAe require~iRg--p~ctured home permit unless and until the •mf}act fees set-ferth in the fee schedule have-eeeR-f:')aid, except as authorized ~EleF--seGtiGA--:19 .9§.055. (Ord. No. 97-293, § 2, 4-15-97; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-213.) 19.95.055 Option for deferred payment of school impact fee. An applicant may request. at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final building inspection the payment of a· school impact fee for a single-family residential dwelling unit p u rsuant to FWRC 19.100.075. _19.95.060 _ Exemptions and -~~edits;_··~-········ ...... ____ ········-·····-·-··· .. ···· .............. ·---·· .. ~---·--·---· .. ·-~········-.. ·-·-............ _ (1) The following shall be exempt from the application of impact fees: (a) Any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or · 48 EXHJqlT_/3::_ PA GE Jo OF J 2 20 (b) The replacement of a structure with a new structure of substantially the same size and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure; or (c) Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; (d) Accessory dwelling units ("ADUs"), whether occupied as an ADU or not; provided, that as of December 21, 1995, such ADU satisfied the d~finition of an ADU set forth in FWRC 19 .0 5.0 10; and provided further, that such ADU registered with the city during the one-year period commencing on December 21, 1995, and terminating on December 20, 1996. (2) Arrangement may be made for later payment with the approval of the district only if the district determines -that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district in its sole reasonable discretion, is provided to assure payment. Security shall be made to and held by the district, which will be responsible for tracking and documenting the security interest. (3) The developer shall receive a credit for any payment which has already been made for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. The fee amount due on the development activity shall be reduced by the amount of the credit. (4) The developer can request that a credit or credits be awarded for the value of dedicated land, improvements, or construction provided by the developer. The district shall first determine the general suitability of the land, improvements, and/or construction for district purposes. Second, the district shall determine whether the land, improvements, and/or the facility constructed are included within the district's adopted capital facilities plan or the board of directors for the district may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the capital facilities plan of the district. The district shall forward its determination to the city, including cases where the district determines that the dedicated land, improvements, and/or construction are not suitable for district purposes. (5) For each request for a credit or credits, if appropriate, the district shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine tl1e value of the dedicated land, improvements , or construction provided by the developer for the district. The developer shall pay for the cost of the appraisal. ex ~u~rr --· _,_,_/t_ 21 49 PAGE ~' Of ,3j_ (6) After receiving the appraisal, the district shall provide the developer with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the district before the city will award the impact fee credit. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. (7) Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. (8) In no event shall the credit exceed the amount of the impact fees due. (Ord. No. 96-265, § 1, 4-2-96; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-214.) _1_9.95.065 _Impact.fee -~djustment ···········-··-· ·············-·················-···········-···-···············--·-·. (1) City center zone. (a) The boundary of the city center zone is described as: Bound on the South by S. 324th St. an'd S. 32oth St.; Bound on the West by Pacific Highway S.; Bound on the North by S. 312th St. and S. 317th St; and Bound on the East by 23rd Ave. S. north of S. 317th St.; roughly in alignment with 25th Ave. S. between S. 32oth St. and S. 317th St.; and by 23rd Ave. S. south of S. 32oth St. (As shown in the Comprehensive Plan Map Vll-2A) (b) The school impact fee assessed in the city center zone shall be reduced by 50 percent. (Ord. No. 14-757, § 1, 1-7-14.) _1_9.95. 070 _Appeals .. and) ndependent _ calculations;········-·-··-························-· ..... -............ ·~·-··············· .. ·······-·· .... ~······· (1) The city may adjust the amount of the school impact fee assessed if one of the following circumstances exist; provided, that the developer can demonstrate to the city's satisfaction that the discount included in the EX~JFIIT rr 50 PAGE 2J. OF 1J • 22 fee formula set forth in the district's capital facilities plan fails to adjust for the error in the calculation or fails to ameliorate for the unfairness of the fee: (a) The developer demonstrates to the city's satisfaction that an impact fee assessment was incorrectly calculated; or (b) Unusual and unique circumstances identified by the developer demonstrate that if the standard impact fee amount were applied to the development, it would be unfair, unjust or unlawful. (2) Requests for fee adjustments, and the administrative appeals process for the appeal of an impact fee, shall follow the process for the appeal of the underlying development application. (3) A developer may provide studies and data to demonstrate that any particular factor used by the district may not be appropriately applied to the development proposal, but the district's data shall be presumed valid unless clearly demonstrated to be otherwise by the developer. The developer shall pay for the cost of the studies and data, and must demonstrate to the city's satisfaction that the discount included in the fee formula set forth in the district's capital facilities plan fails to adjust for the error in the factor or in the fee calculation. (4) Any appeal of the decision of the city's hearing examiner with regard to fee amounts shall follow the appeals process for the underlying development application and not be subject to a separate appeal process. Any errors in the fee formula identified as a result of an appeal should be referred to the council for possible modification. (5) Impact fees may be paid under protest in order to obtain a permit or other development approval. (Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-215.) .1.9.95.Q,8 Q__l he __ impact _fee account-!Jses of .impact fees and re f un~s. ··-···--·-----~------......... _ .... "'. (1) Impact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by the district solely for the district's school impact fees as provided for in FWRC 19 . 95 .090. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection (2) of this section. Annually , the city, based on the report submitted by the district pursuant to FWRC 19 .95.100 , will forward a copy of the district's report to the state of Washington, Growth Management Section, pursuant to RCW 82.02.070 which shows the source and amount of all monies collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees . Ex ..-,~,T A · 51 PA GE .2-3 OF ~ 3 23 (2) Impact fees for the district's system improvements shall be expended by the district for capital improvements including but not limited to school planning, land acquisition, site improvements, necessary off- site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, relocatable facilities, capital equipment pertaining to educational facilities, and any other expenses which could be capitalized, and which are consistent with the district's capital facilities plan. (3) In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section. (4) School impact fees shall be expended or encumbered within six years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the district to hold the fees beyond the six-year period. The district may petition the council for an extension of the six-year period and the district set forth any such extraordinary or compelling reason or reasons in its petition. Where the council identifies the reason or reasons in written findings, the council shall establish the period of time within which the impact fees shall be expended or encumbered, after consultat'ion with the district. (5) The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six years of receipt of the funds by the city, except as provided for in subsection (4) of this section. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. The city shall notify potential claimants by first-class mail deposited with the United States postal service addressed to the owner of the property as shown in the city's tax records. (6) An owner's request for a refund must be st,Jbmitted to the council in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any impact fees that are not expended or encumbered within the limitations in subsection (4) of this section, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section. Refunds of impact fees shall include any interest earned on the impact fees. (7) Should the city seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at 52 EXHJ~IT ___ l'_ 24 PAGE l L1 OF_:3__.· '3_ least two times and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the city's tax records. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the district, consistent with the provisions of this section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. (8} A developer may request and shall receive a refund, including interest earned on the impact fees, when: (a) The developer does not proceed to finalize the development activity as required by statute or city code or the Uniform Building Code; and (b) No impact on the district has resulted. "Impact" shall be deemed to include cases where the district has expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the district has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the city and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The city shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in FWRC 19 .95 .070. (9) Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the city or the district on invested funds throughout the period during which the fees were retained. (Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-216.) 1 ~.95.090 _lnterlocal ag!eement~ ······-······--······---········· .. ·-··--·-............................................................................... " .................................................... _ ............ . (1) The mayor is authorized to execute, on behalf of the city, an interlocal agreement for the collection, expenditure, and reporting of school impact fees; provided, that such interlocal agreement complies with the provisions of this section, be in form and content acceptable to the city attorney and be approved by the city council. (2) The district shall establish a school impact fee account with the office of the King County treasurer, who serves as the treasurer for the district. The account shall be an interest-bearing account, and the school impact fees received shall be prudently invested in a manner consistent with the investment policies of the district. 53 EXHl~IT __ l\_25 PAGE 2:S: OF-3~3- (3) For administrative convenience while processing the fee payments, school impact fees may be temporarily deposited in a city account. On a monthly basis, the city shall deposit the school impact fees collected for the district in the district's school impact fee account. (4) The district shall agree to indemnify and hold the city, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with the collection of impact fees or any other actions taken by the city pursuant to the terms of the ordinance codified in this chapter or pursuant to the terms of the interlocal agreement. (Ord. No. 10-669, § 70, 9-21-10; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-217.) 1_9_.95.1 QO Submissiory _ of _district _caeital facilities _p_la!:l_~nd _data.-----···········--.. -----····-···-····· .. ----·--·---.-.. -- On an annual basis, no later than May 1st of each year, the district shall submit the following materials to the city: (1) The annual update of the district's capital facilities plan; (2) An updated fee calculation, and a proposed revised fee schedule which reflect the update to the district's capital facilities plan; and (3) An annual report on the school impact fee account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. (Ord. No. 97-293, § 3, 4-15-97; Ord. No. 95-249, § 1, 11-21-95. Code 2001 § 14-218.) 19.95.110 Review. The city council shall review on an annual basis the materials received from the district and required under FWRC 19. 95 .100. The city council may make adjustments to the fee schedule as necessitated by its review, or applicable law and if the city council deems appropriate, shall adopt the fee schedule by resolution. The review and fee schedule adopted decision may occur in conjunction with the annual update of the capital facilities plan element of the city's comprehensive plan. (Ord. No. 97-293, § 4, 4-15-97; Ord . No. 95-249, § 1, 11-21-95. Code 2001 § 14-219.) EXP.l q lT fr PAGE ,2{, OF 3 3 26 54 Chapter 19.100 MITIGATION OF DEVELOPMENT IMPACTS! Sections: 19 .100.010 Purpose. 19.100.020 Definition. 19 .100.030 Determination of direct impact. 19.100.040 Costs. 19 .100.050 Mitigation of direct impacts. 19 .100.060 Methods of mitigation. 19. 100. 070 Timing of fee payments. 19 .100.075 Option for deferred payment of transportation impact fees 19 .100 .010 "Purpose.·--.. -------· .... _ . _ .. -------··-·--·--··-· ·-·-· .. --·· ___ ·-· ____ . ----· ---···-·-·--· -----··--·-·····-··-······· --··· __ .. _ It is the purpose of this chapter to provide alternatives for prospective developers of land within the city to mitigate the direct impacts that have been specifically identified by the city as a consequence of proposed development, and to make provisions for, including, but not limited to, the public health, safety and general welfare, for open spaces, drainageways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds and sites for schools and school grounds. (Ord. No. 90-39, § 1(22.10), 2-27-90. Code2001 § 19-41.) 19.100.020 Definition. For purposes of this chapter, the term "development" shall include, but not be limited to, subdivisions, short subdivisions, binding site plans and any other development activity defined by FWRC Title 19, Zoning and Development Code. (Ord. No. 90-39, § 1(22.20), 2-27-90. Code2001 § 19-42.) 19.100.030 Determination_ of _direct im pact.-····--··-··--·-··········--··-··-·····-·--·-··----···-··--··-·· .. ···-···-······-·· ··-· Before any development is given the required approval or is permitted to proceed, the official or body charged with deciding whether such approval should be given shall determine direct impacts, if any, that are a 55 EXH JqlT A zr PA GE 21 OF_ 33 consequence of the proposed development and which require mitigation, considering, but not limited to, the following factors: (1) Predevelopment versus postdevelopment need for services such as city streets, sewers, water supplies, drainage and stormwater detention facilities, parks, playgrounds, recreational facilities, schools, police services, fire services and other municipal facilities or services; (2) Likelih.ood that a direct impact of a proposed development would require mitigation due to the cumulative effect of such impact when aggregated with the similar impacts of future development in the immediate vicinity of the proposed development; (3) Size, number, condition and proximity of existing facilities to be affected by the proposed development; (4) Nature and quantity of capital improvements reasonably necessary to mitigate specific direct impacts identified as a consequence of the proposed development; (5) Likelihood that the users of the proposed development will benefit from any mitigating capital improvements or programs; (6) Any significant adverse environmental impacts of the proposed development identified in the process of complying with the environmental policy, FWRC Title 14, or the State Environmental Policy Act, RCW 43.21 C.01 O et seq.; (7) Consistency with the city's comprehensive plan and any of its subparts; (8) Likelihood of city growth by annexation into areas immediately adjacent to the proposed development; (9) Appropriateness of financing necessary capital improvements by means of local improvement districts; (10) Whether the designated capital improvement furthers the public health, safety or general welfare; and ( 11) Any other facts deemed by the city to be relevant. (Ord. No. 10-658, § 4, 5-18-10; Ord. No. 90-39, § 1(22.30), 2-27-90. Code 2001 § 19-43.) 19.100.040 Costs. The cost of any investigations, analysis or reports necessary for a determination of direct impact shall be borne by the applicant. (Ord. No. 90-39, § 1(22.40), 2-27-90. Code 2001 § 19-44.) 56 EXH J.qlT _ fr 2s PA GE 2i OF 3J 19 ._1 _00.050 ~ itigation of _direct _im p31cts. ___ .,_ __ ., -······--·------··-··-·----·---.... -.,--·-----···--··-··-·--·-·--"-"-' The official or body charged with granting the necessary approval for a proposed development shall review an applicant's proposal for mitigating any identified direct impacts and determine whether such proposal is an acceptable mitigation measure considering the cost and land requirements of the required improvement and the extent to which the necessity for the improvement is attributable to the direct impacts of the proposed development. No official or body shall approve a development unless provisions have been made to mitigate identified direct impacts that are consequences of such development. (Ord. No. 90-39, § 1 (22.50), 2-27-90. Code 2001 § 19-45.) 19. 1. 00. 060 .. M.ethods . of .mitigation ...... -......................................... -.............. -........... -.. -· ... -......................... --... -....................... -. . .... -........ . (1) The methods of mitigating identified direct impacts required as a condition of any development approval may include, but are not limited to, dedication of land to any public body, off-site improvements, on-site improvements, and other capital or noncapital methods that may effectively reduce direct impacts. (2) In lieu of a dedication of land or to mitigate a direct impact that has bee~ identified as a consequence of a proposed development, the city may approve a voluntary payment agreement with the developer, provided no such agreement shall be required as a condition of approval, and shall be subject to the following provisions: (a) The official or body approving development must find that the money offered will mitigate or is a satisfactory alternative to mitigate the identified direct impact. (b) The payment shall be held in a reserve account and may only be expended to fund a capital improvement or program agreed upon by the parties to mitigate the identified direct impact. (c) The payment shall be expended in all cases within applicable time limitations of Chapter 82.02 RCW, unless otherwise agreed to by the developer. (d) Unless the property owner elects to defer payments authorized in FWRC 19.100.070~ 19.100.075, any payment not expended within applicable time limitations shall be refunded to the property owners of record at the time of the refund with interest at the rate earned in the city's reserve account applicable at the time of refund. If the payment is not expended within the applicable time limitations due to delay attributable to the developer, the payment shall be refunded without interest. (e) Property owners entitled to a refund and/or interest under the provisions of this chapter may voluntarily and in writing waive their right to a refund for a specified period of time in the interest of 57 EXHlqlT A PAGE Z'J _O F_ :, J 29 providing the designated capital improvement or other capital improvement or program identified by the property owner and acceptable to the city. (f) The developer may voluntarily and in writing waive on behalf of the developer and subsequent purchasers the right to interest and/or a refund in order to facilitate completion of an improvement. Under no condition shall such a waiver be required as a condition of approval. Such waiver shall be recorded with the county where the prpperty is situated and shall be binding on subsequent owners. (Ord. No. 10-658, § 5, 5-18-10; Ord. No. 90-39, § 1(22.60.10-22.60.30), 2-27-90. Code 2001 § 19-46.) .19._100. 070 _Timi ng . of fee .. payments ............. _.,_, ______________________ .... _ ............... _ ....... -----------.. _ ............. ·.·----········ ................. . Various sections of this Code require payment of fees to mitigate direct impacts of the development approval. Notwithstanding those fees eligible for deferment pursuant to subsections (1 )(b), (1 )(c), and (3)(b) of this section, the following describes when such fees shall be calculated and paid: (1) Open space fee-in-lieu . (a) As provided in FWRC 18.55.060 and 19.115.115, a fee in lieu of open space may be made to satisfy open space requirements at the discretion of the parks director and shall be calculated and paid at the time of plat recording for residential land divisions, or prior to building permit issuance for multifamily developments in the city center core and city center frame zoning districts, unless deferred as noted below. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. (b) For those residential land divisions vested prio-r to July 2, 2015, open space fees-in-lieu may be deferred, but shall be paid no later than the closing of sale of each individual house or five years from deferment of the fee, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense on each lot at the time of plat recording to enforce payment of deferred fees. The fee shall be calculated at the time of plat recording and divided equally among all newly created lots. The fee shall be calculated based upon the square footage of open space which otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond plat recording, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. EXHJqlT ': --l.:.---3,w9 ..... 58 PAGE :;o OF 39 • (c) For multifamily developments in the city center core and city center frame, open space fees-in-lieu may be deferred, but shall be paid no later than the completion of construction and prior to receipt of certificate of occupancy/approval to occupy for each floor or each building if phased, or five years from the recording of the deferment covenants, whichever is earlier. Covenants prepared by the city shall be recorded at the applicant's expense, prior to building permit issuance, to enforce payment of deferred fees. The fee shall be calculated at the time of recording of the covenants and shall be divided equally among all residential units within the project. The fee shall be c~lculated based upon the square footage of open space that otherwise would have been required to be provided multiplied by the subject property's assessed or appraised value. As consideration for the ability to defer open space fee-in-lieu payments beyond building permit issuance, the applicant agrees to waive the right to interest and/or a refund if payment is not expended within five years of collection. I (2) Regional stormwaterfacility fee-in-lieu. Developments may be able to utilize stormwater detention in one of the city's regional stormwater facilities based on an area fee-in-lieu established by the city. Fees are used for construction cost recovery and shall be paid at the time of plat recording for residential land divisions and prior to building permit issuance for commercial and multifamily developments. (3) Transportation impact fee. Unless the use of an independent fee calculation has been approved, or unless a development agreement entered into pursuant to RCW 36. 70B.170 provided otherwise, the fee shall be calculated and paid per the following: (a) Far residential land di-vi-sians, fees st:lall-ee-sa1G1:1lated and paid at the time of plat recording , For unplatted single family residential low--aAd commercial 8flG-ffl\:ll-ti.fam+l-y developments, fees shall be calculated based on the impact fee schedule in effect at the time a completed building permit application is filed and paid prior to permit issuance. For a change in use for which no building permit is required, the fee shall be calculated and paid based on the impact fee schedule in effect on the date of an approved change of use. ~ ~F-Fesi€1eAti~RS-and-YRplatted single-family residenti~nsporta_tion impact-fee may be deferr:ea-,----but shall ae-j*l-iEf-n~er-than-tAe-GIGsiA~le-Gf.-eacl:14RGi¥idual hoblse . Go•,1enants . prepared by the city to enforso payment of the deferred fees shall be recorded at the applicant's expense on each lot at the-time-e-f...plat-feoofdiA9--for residential--tafld divisions and prior to bblilding permit f6St!aflse-feF-Unplattod single famlly residential lots. The fee shall be calcYlatod basee-on the impact fee -ssl=ledule in effeGt-Gn-tA~e impact fee . (Ord. No. 12-727, § 6, 9-18-12; Ord. No. 10-658, § 6, 5-18-10.) EX~H~IT _ A aa- 59 PAGE 3l Of _3:1 (b) The city shall collect transportation impact fees . based on the fee schedule adopted by city council. from any applicant seeking development approval from the city where such development activity requires the issuance of a residential building permit or a manufactured home permit. (c) For all applications for single-family, multifamily residential building permits, and manufactured home permits. the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or manufactured home permit was submitted. no permit shall be issued until· the requ ired transportation impact fees set forth in the fee schedule have been paid, except as authorized under FWRC 19.95 .055. (d) Where a building permit is not required for the development activity, the transportation impact fees shall be paid prior to issuance of the permit that authorizes the activity. An applicant may request, at any time prior to building permit issuance, and consistent with the requirements of this section, to defer to final building inspection the payment of a transportation impact fee and/or a school impact fee for a single-family residential dwelling unit. The following shall apply to any request to defer payment of an impact fee: (1) The applicant shall submit to the city a written request to defer the payment of an impact fee for a specifically identified building permit. The applicant's request shall identify. as applicable, the applicant's corporate identity and contractor registration number. the full names of all legal owners of the property upon which the development activity allowed by the building permit is to occur. the legal description of the property upon which the development activity allowed by the building perm it is to occur, the tax parcel identification number of the property upon which the development activity-allowed by the building permit is to occur, and the address of the property upon which the development activity allowed by the building permit is to occur. All applications shall be accompanied by an administrative fee as provided fo r in the city's adopted permit and impact fee schedule . (2) The impact fee amount due under any request to defer payment of impact fees shall be based on the schedule in effect at the time the applicant provides the city with the information required in subsection (1) of this section . 60 EXJ-Ul=UT __ A_ PAGE :3~ OF_;, __ 3_ 32 (3) Prior to the issuance of a building permit that is the subject of a request for a deferred payment of impact fee, all legal owners of the property upon which the development activity allowed by the building permit is to occur must sign a deferred impact fee payment lien in a form acceptable to the city attorney. The deferred impact fee payment Hen shall be recorded against the property subject to the building permit and be granted in favor of the city in the amount of the deferred impact fee. Any such lien shall be junior and subordinate only to one mortgage for the purpose of construction upon the same real property subject to the building permit. In addition to the administrative fee required in subsection (1) of this section, the applicant shall pay to the city the fees necessary for recording the lien agreement with the King County recorder. (4) The city shall not approve a final inspection until the impact fees identified in the deferred impact fee payment lien and the administrative deferral fee are Pa id in full . (5) In no case shall payment of the impact fee be deferred for a period of more than 18 months from the date of building permit issuance. 18 months after building permit issuance the impact fee shall be paid regardless of status of building permit. unless the building permit has been canceled by the city. (6) Upon receipt of final payment of the deferred impact fee as identified in the deferred impact fee payment lien, the city shall execute a release of lien for the property. The property owner may. at his or her own expense, record the lien release . (7) ln the event that the deferred impact fee is not paid within the time provided in this section. the city may institute foreclosure proceedings under the process set forth In Chapter 61 .12 RCW. The District may also institute foreclosure proceedings as set forth In RCW 82.02 .050(3). (8) An applicant is entitled to defer impact fees pursuant to this section for no more than 20 single-family dwelling unit building permits per year in the city . For purposes of this section, an "applicant'' includes an entity that controls the. applicant. is controlled by the applicant, or is tinder common control with the applicant 61 EXHU~IT _ Pr PAGE 22_0F _ 3 3 33 Exhibit B Jurisdictional Comparisons <;ity Federal Way Auburn Des Moines Kent R,eIJ.ton Sea-Tac Planning Commission Staff Report Final Inspection* Proposed na na Deferral System for Collection oflmpact Fees -Text Amendment/ Exhibit B 62 Final Inspection* Proposed na Closing of sale na EXHI PAGE IT __ ()_ \ OF_..._\ June 8, 2016 Page I ~ ~ May 27, 2016 Federal Way Public Schools Isaac Conlen, Planning Manager City of Federal Way 33325 gth Ave S Federal Way WA 98003 RE: School Impact Fee Deferral Dear Mr. Conlen, RECEIVED BY COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT JUN · 2 2016 Business Office Washington State Legislature passed Engrossed Senate Bill 5923 during the 2015 Legislative Session . This legislation requires that cities and other jurisdictions adopt and maintain a syst~m for the temporary deferral of all impact fees for single-family detached and attached residential construction by September 1, 2016. Given the deferral options offered by the statute, Federal Way Public Schools would be in support of deferral of school impact fees for the first 20 units per developer within the City of Federal Way jurisdiction until final inspection or certificate of occupancy. This support is based on the understanding that the deferred impact fees . will be collected from the developer within 18 months from the issuance of the building permit. This,District appreciates the opportunity to comment on development of this program. Sally D. McLean Assistant Superintendent of Finance and Operations cc: Dr. Tammy Campbell, Superintendent Cindy Wendland, Director of Support Services EXH H~IT_c_ PAGE -\ OF ___ l_ \ Federal Way Public Schools -All Means All ·. 33330 8th Av~nue South, Federal Way, WA 98003 I p.253.945.2043 I f.253.941.04421 www.fwps.org . 63