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