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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 feesÅ¡hall 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.