Ord 97-293
ORDI:NANCB NO. '7-2'3
AN ORDINANCB OF THB CXTY COUNCIL OF THE CXTY OF
FEDERAL WAY, WASHINGTON, AMENDING ARTICLB VI,
CHAPTER 14 OF THB FEDERAL WAY CITY CODE AUTHORXZXNG
THB COLLECTION OJ' SCHOOL DlPACT FEES; XNCORPORATING
THB FORMULA FOR CALCULATING SCHOOL IMPACT FEES
WITHXN ARTICLB VX, CHAPTER 14 OF THB FBDERAL WAY
CITY CODE, AND PROVIDING FOR THB AHNUAL SUBKXSSION,
REVIEW, AND ADOPTION BY THB CITY COUNCIL OF A
SCHOOL XMPACT FBB SCHEDULB. (AJIENJ)S ORDINANCB NO.
n-249)
WHEREAS,
Section 14-212 (a)
of the Federal Way City Code
provides that school impaèt fees shall be calculated based on the
formula set forth in the Federal Way School District No. 210's
Capital Facilities Plan; and
WHEREAS, Section 14-218 of the Federal Way City Code provides
that the City Council shall review and update the fee schedule in
the District's Capital Facilities Plan on an annual basis; and
WHEREAS,
the
District's
Capital
Facilities
Plan
is
incorporated by reference within the Federal Way Comprehensive Plan
Capital Facilities Element; and
WHEREAS, RCW 36.70A.130 requires that a city may amend its
comprehensive plan no more than once per year, absent an emergency
or other special circumstances; and
WHEREAS, impact fee schedules have varied in amount from year
to year due in part to the data upon which the fee calculation has
historically been based; and
WHEREAS, modification of the impact fee calculation formula
would provide greater stability and consistency in impact fee
schedules from year to year; and
ORD #97-293, PAGE 1
(Ç;(Ö)[Pl(
WHEREAS, the timing and efficiency of City Council review of
the
District's
proposed
fee
schedule
would
be
enhanced
by
incorporation of the fee calculation formula within Chapter 14,
Article VI of the Federal Way City Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Chapter 14,
Article VI,
Section
14-212
is
amended as follows:
Sec. 14-212.
Pee calculations.
A.
The impact fees for the District shall be calculated
based on the formula set forth in u.~ 81~LLi~L'~ Cu~iLal Fu~lliLlc~
PrIm Exhibit A attached to this Ordinance.
A cqpv of the fee
calculation formula shall be kept on file with this Ordinance in
the office of' the Federal Wav 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 multi-
family 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.
B.
Separate fees shall be calculated for single family and
multi-family dwelling units, and separate student generation rates
must be determined by the District for each type of dwelling unit.
For purposes of this Ordinance, manufactured homes shall be treated
as single family dwelling units and duplexes shall be treated as
ORD #97-293, PAGE 2
multi-family dwelling units.
C.
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 annuallv and set forth in a fee schedule
adopted by City council nursuant to section 14-218 and 14-219 of
the Federal Way City Code.
D.
The formula in 1:1.6 Bi~LLi(.L' ~ C~piL~1 F..(.~liL16~ PIal.
Exhibit A provides a cred!t 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.
E.
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 Sec. 14-214 herein.
section 2.
Chapter 14, Article VI, Section 14-213 of the
Federal Way City Code is amended as follows:
Sec 14-213.
Assessment or rmpact Fees.
A.
The City shall collect school impact fees, based on the
fee schedule in t:hð f)~~L.l:i,-L'5 C..pil~l FðLvllil~~5 Plan adopted :Qy
citv 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.
B.
The impact fees due on a plat or a PUD shall be assessed
and collected from the lot owner at the time when the building
permits for each dwelling unit is issued, using the fee schedule
ORD #97-293, PAGE 3
then in effect.
Residential developments proposed for short plats
shall not be governed by this subsection, but shall be governed by
subsection C below.
C.
For existing lots or lots not covered by subsection B
above, applications for single family and multi-family'residential
building permits, manufactured home permits, and site plan approval
for manufacturßd home parks proposed,
the total amount of the
impact feesšhall be assessed and collected from the applicant when
the building permit is i~sued, 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.
D.
The City shall not issue the required building permit or
manufactured home permit unless and until the impact fees set forth
in the fee schedule have been paid.
section 3.
Chapter 14, Article VI, section 14-218 of the
Federal Way city Code is amended as follows:
Sec. 14-218.
Submission or District C~ital Facilities Plan
and Data.
On an annual basis, no later than May 1 of each year, the
District shall submit the following materials to the City:
A.
The annual update of the District's Capital Facilities
Plan,
i¡'wludil.g au up.lð.l~..l f~.!> wð.IGl1lallOh al.d ð. ..e.ig~d fee
5Gh",dl1l~..¡.
B....
An updated fee calculation. and a nrQPosed revised fee
ORD #97-293, PAGE 4
schedule which
re~lect
the undate to
the
District's
Capital
Facilities Plan: and
B .c. 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.
Section 4.
Chapter 14, Article VI, Section 14-218 of the
Federal Way City Code is amended as follows:
Sec. 14-219.
IWd.q .
'fh6 £66 5cl.~dl1l~ il. th~ B':'5tl i~t' D CQJ?ilQl FaciliL':'eD Plal.
51.all l,e l~.i~wðd al.d t.t'daLðd 1,.1 ti,e Col1l.....1l vu au ð-ulll1al L.ð.b':'S
ð.fL~J: ti.e Cv..ucil Lew~i.~", U.~ Ð':'DLllwL'", Ca1-1Lal Fð..:.lliLle", PIau
al..1 LEot'VLL :..eql1iLðJ. ..hJ.~r Se~. 14 218.
The City Council shall
review on an annual basis the materials received from the District
and
recruired
under
Sec.
14-218.
The City Council
mav make
adjustments to the fee schedule as necessitated bv its review. or
applicable law and if the City council deems apDropriate. shall
adopt the fee schedule by resolution.
The review and fee schedule
adoption decision may occur in conjunction with the annual update
of the capital facilities plan element of the City's comprehensive
plan.
section 5.
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
ORD # 97-293
, PAGE 5
circumstance, shall not affect the validity of the remainder of the
ordinance, or the validity of its application to other persons or
circumstances.
Section 6.
Ratirication.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 7.
Brrective Date.
This ordinance shall take
effect and be in force thirty (30) days from the time of its final
passage, as provided by l~w.
PASSED by the City Council of the City of Federal Way this
l5th
day of
April
, 1997.
CITY OF FEDERAL WAY
7 "/).fJ-
/jf:dL d / ~ -
~YOR, MARLON S. PRIEST
ATTEST:
EN, CMC
APPROVED AS TO FORM:
/~ ,
,~~~ LO~K~-~~;~~~'
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 97-293
03-25-97
04-l5-97
04-l9-97
05-l5-97
K: \ordinl.chimfee.amd
ORD # 97-293
, PAGE 6
EXHIBIT A
TABLE FOR CALCULATING SCHOOL IMPACT FEE OBLIGATIONS FOR RESIDENTIAL DWELLING UNITS
(TO BE SEPARATELY CALCULATED FOR SINGLE FAMILY AND MULTIFAMILY UNITS)
AI= Elementary school site cost per student(l) X the student facto~)
A2= Middle/Junior high school site cost per student X student factor
A3= High School site cost per student X student factor
A= AI+A2+A3
B I = Elementary school construction cost per student(l) X student factor
B2= Middle/Junior high school construction cost per student X student factor
B3= High School construction cost per student X student factor
B= (B1+B2+B3) X SQuare footage ofvennanent facilities
total square footage of facilities
CI= Elementary school temporary facility cost per student X student factor
C2= Middle/Junior high school temporary facility cost per student X student factor
C3= High School temporary facility cost per student X student factor
C= (CI+C2+C3) X souare foola2e of temporary facilities
total square footage of facilities
D I = Boeckh index X SPI Square footage per student for elementary school X state match %
X student factor '
D2= Boeckh index X SPI Square footage per student for middle/junior high school X state
match % X student factor
D3= Boeckh index X SPI Square footage per student for high school X state match % X
student factor
D= D1+D2+D3
TC= « I + 1)10) - I X average assessed value for the dwelling unit type in the school district.
X current school district capital property tax levy rate where I = the current interest rate as stated in the Bond Buyer Twenty
Bond General Obligation Bond Index.
FC= Value of site or facilities provided directlv bv the development
number of dwelling units in development
Total Unfunded Need = A+B+C+D-TC=
+
+
A
B
C
Subtotal
D
TC
TOTAL UNFUNDED NEED UN =
DIVIDED BY 2 =
-
DEVELOPER FEE OBLIGATION
Less FC (if applicable)
NET FEE OBLIGATION
Notes to the hnpact Fee Calculation Fonnula:
1) Construction/Site cost ner student:
The construction cost per student as prescribed in the fonnula shall mean the cost of construction/site acquisition of the most
recently completed schools for each grade span divided by the average number of students per school in their respective grade
span.
2) Student Factor:
The student generating factor shall mean the simple average of samplings of new developments constructed within the last 5
years. Whenever feasible, a minimum of two samples shall be selected tram each of the five year periods. The Plan shall identifY
the developments and the years they are constructed. Should the data not be available due to lack of construction activities, the
neighboring districts (Auburn, if available, Kent, and Highline) average may be used as permitted by the Ordinance.
The above notes are to provide clarification of the variables used in the fonnula. It is the City's intent through the clarification of the
variables to create consistency, stability, and predictability in future fees. It may be necessary for the City Council to revisit these
defmitions and establish others from time to time to ensure the intent is achieved.