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Ord 96-265 ORDINANCE NO. 96-265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDJ:NG ARTJ:CLE VJ: TO CHAPTER 14 OF THE FEDERAL WAY CJ:TY CODE TO PROVIDE AN EXEMPTION FOR ACCESSORY DWELLING UNITS FROM THE PAYMENT OF SCHOOL J:MPACT FEES FOR A PERJ:OD OF ONE YEAR. (AMENDS ORDJ:NANCE NO. 95-249) WHEREAS, the City of Federal Way (the "City") is authorized by Chapter 82.02 RCW to condition new growth and development within the City upon the payment of a proportionate share of the cost of new school facilities to serve growth and development through the assessment of impact fees; and WHEREAS, by Ordinance No. 95-249 the Federal Way city Council has provided that school impact fees be assessed on all residential development activity in the city; and WHEREAS, by Ordinance No. 95-245 the Federal Way City Council has provided for the existence of Accessory Dwelling units ("ADU's) in the City as a reasonable means of providing for affordable housing; and WHEREAS, it is in the public interest to encourage existing ADU's to register with the City by allowing such registration without the payment of a school impact fee for a period of one (1) year from the effective date of Ordinance No. 95- 249; and ORD # 96-265 , PAGE I t(Q)~l(. WHEREAS, there are currently a number of existing ADU's in the City whose presence is not expected to cause an additional impact upon the Federal Way school system but it is in the best interest of the City to identify the existence of such ADU's through registration in order to ensure compliance with applicable laws; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. Amendment. section 14-214 of Article VI to Chapter 14, Taxation, of the Federal Way City Code is hereby amended to provide as follows: Sec. 14-214. ExemDtions and Credits. A. The following shall be exempt from the application of impact fees: 1. 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 ne?essary covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or 2. 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 twelve (12) months of the demolition or destruction of the prior structure; or ORD # q[¡;- 'llc5 , PAGE 2 3. 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. .h accessory dwellinq units ("ADU's"). whether occupied as an ADU or not: provided that as of December 21. 1995 such ADU satisfied the definition of an ADU set forth in FWCC 22-1: and provided further. that such ADU reqistered with the city durinq the one (1) year period commencinq on December 21. 1995 and terminatinq on December 20. 1996. B. 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. C. 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 ORD # q{¡¡ - 2"'5 , PAGE 3 the development activity shall be reduced by the amount of the credit. D. 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. E. 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 the 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. ORD # q6 .2lP~ , PAGE 4 F. 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 sixty (60) calendar days shall nullify the credit. G. Any claim for credit must be made no later than twenty (20) calendar days after the submission of an application for a building permit. H. In no event shall the credit exceed the amount of the im~act fees due. section 2. Severability. 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 other persons or circumstances. ORD # Q6.2/¡;S , PAGE 5 section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. PASSED by the City Council of the city of Federal Way this 2nd day of April , 1996. CITY OF FEDERAL WAY , /~ø:~J ~ MAYOR, MAHLON S. PRIEST ATTEST: , CMC APPROVED AS TO FORM: ~~NDELL FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 03-19-96 04-{)2-96 04-Q6-96 04-11-96 96-265 K:\ORDIN\ADUIMP.AM3 ORD # q(p- ZltJ5 , PAGE 6