Loading...
HomeMy WebLinkAbout002-25 - Ordinance - School Impact FeesDocusign Envelope ID: 96123DBO-1734-4454-ACA9-5EO80DC7465C ORDINANCE NO. 002-25 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO IMPACT FEES, AMENDING SECTION 20.182.070 OF THE PORT ORCHARD MUNICIPAL CODE (POMC) TO REQUIRE APPLICANTS TO PROVIDE CERTAIN INFORMATION FOR IMPACT FEE CALCULATION PURPOSES; AMENDING POMC 20.184.010 TO ADD DEFINITION FOR SQUARE FOOTAGE; ADOPTING A NEW SCHOOL IMPACT FEE SCHEDULE AND REPEALING THE PRIOR SCHOOL IMPACT FEE SCHEDULE REAFFIRMED AS EXHIBIT "C" TO ORDINANCE NO. 007-21; PROVIDING FOR SEVERABILITY AND CORRECTION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides adequate public facilities to serve development; and WHEREAS, counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing of system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees; and WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and towns planning under the GMA to impose impact fees for public streets and roads, publicly owned parks, open space, and recreation facilities, and school facilities, and fire protection facilities; and WHEREAS, the City of Port Orchard has adopted transportation, school, and park impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC) and Appendices A-C in Exhibit 1 of Ordinance 019-17, as amended by Ordinances 007-21, 013- 22, and 001-25; and WHEREAS, the Washington Legislature passed numerous bills related to housing affordability in 2023 including, but not limited to, SB 5258; and WHEREAS, SB 5258 includes a requirement codified in RCW 82.02.060 that impact fee schedules reflect the proportionate impact of new housing units, including multifamily and condominium units, based on the square footage, number of bedrooms, or trips generated, in or by the housing unit in order to produce a proportionally lower impact fee for smaller housing units; and WHEREAS, Port Orchard's current school impact fee schedule assesses school impact fees based on housing types (single family or multi family), a method that will cease to be Docusign Envelope ID: 96123DBO-1734-4454-ACA9-5EO80DC7465C Ordinance No. 002-25 Page 2 of 7 permissible under state law after June 30, 2025; and WHEREAS, the South Kitsap School District hired FCS Group to study of the existing school impact fee rate structure as adopted by Port Orchard on behalf of the district pursuant to interlocal agreement (C035-22) which was presented to the City Council on January 25, 2022; and WHEREAS, this study provided a recommendation for scaling the existing fee structure to a new square footage based rate; and WHEREAS, on March 18, 2025, the City Council reviewed the FCS Group Study outlining a new rate structure that is recommended to achieve compliance with RCW 82.02.060; and WHEREAS, Council requested that staff prepare an ordinance for consideration to include a new school impact fee rate as recommended in the FCS Group Study setting the school impact fee rate at $0.56 per sq ft with a minimum and maximum fee per unit of housing, and that a public hearing be scheduled for April 8, 2025 to take testimony on the proposed rate structure; and WHEREAS, the park impact fee rate structure was recently amended by Ordinance 001-25 to ensure compliance with the recent changes to state law; and WHEREAS, the City Council finds that the City's transportation impact fee rate schedule is compliant with RCW 82.02.060 because transportation impact fees are based on trips generated, one of the three approved methods under law; and WHEREAS, City staff has recommended additional amendments to POMC 20.182.070 to provide clarification related to the utilization of trip generation, square footage, and per bedroom methods of calculating impact fees; and WHEREAS, City staff has also recommended that a definition for square footage be added to POMC 20.184.010 in line with draft guidance from the Department of Commerce; and WHEREAS, a properly noticed public hearing on this Ordinance was conducted on April 8, 2025 and no public testimony was received; and WHEREAS, on April 8, 2025, at its regular meeting and after conducting a public hearing, the City Council considered the updated school impactfee schedule and revised code language, and public testimony; and WHEREAS, in 2021, by Ordinance No. 007-21, the City Council reaffirmed the previous Docusign Envelope ID: 96123DBO-1734-4454-ACA9-5EO80DC7465C Ordinance No. 002-25 Page 3 of 7 school impact fee rate schedule as shown on Exhibit C and desires to update that schedule consistent with the new legislation; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of intent to adopt the proposed new development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for an expedited 15-day review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, this Ordinance is exempt from the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, and the City's environmental regulations, Chapter 20.160 POMC; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts the "Whereas" sections of this ordinance as findings in support of this ordinance. SECTION 2. Port Orchard Municipal Code Section 20.184.010 is amended in part to add a new definition as follows (amendment shown in legislative marks): POMC 20.184.010 Definitions. "Service area" means the geographic area defined by the city, school district, or interlocal agreement, in which a defined set of public facilities provides service to development in the area. Service areas shall be designated on the basis of sound engineering or planning principles or by law. (RCW 82.02.090(8).) "Square Footage" or "Sq Ft" means the total area of a residential unit as measured using the interior dimension of the exterior building walls. This measurement does not include areas beneath roof eaves, porches, or covered unenclosed outdoor rooms, and, for multi -unit buildings, does not include common areas, service areas, mechanical rooms, hallways, stairwells, elevator shafts, storage areas, and other interior spaces shared between the units. "Subdivision" means all subdivisions as defined in Chapter 20.12 POMC, and all short subdivisions as defined in that chapter. Docusign Envelope ID: 96123DBO-1734-4454-ACA9-5EO80DC7465C Ordinance No. 002-25 Page 4 of 7 SECTION 3. Section 20.182.070 of the Port Orchard Municipal Code is amended to read as follows (amendment shown in legislative marks): 20.182.070 Calculation of impact fees. (1) Director Calculates the Fees. The director shall calculate the impact fees set forth in Appendices A, B, and C. Such calculation shall include determining the dates at which the impact fees are due and which rates apply. The city council shall have the final decision on the establishment of the impact fee schedule to be imposed under this chapter as set forth in Appendices A, B, and C. The school district shall propose to the city its requested impact fee schedule to be imposed under this chapter, including specific rates applicable to different project types; however, the council has the authority to establish Appendix C. (2) Factors Used in Impact Fee Calculations. The calculation of impact fees shall include the factors identified in RCW 82.02.040 through 82.02.070 and shall: (a) Determine the standard fee for similar types of development, which shall be reasonably related to each development's proportionate share of the cost of projects described in the project list for each type of impact fee. (b) Reduce the proportionate share by applying the benefit factors described in POMC 20.182.080. (3) Proportionate Share. In calculating proportionate share, the following factors shall be considered: (a) Identification of all park, school and transportation facilities that will be impacted by users from development; (b) Identification of the point at which the capacity of a park, school or transportation facility has been fully utilized; (c) Updating of the data as often as practicable, but at least annually; (d) Estimation of the cost of construction of the projects in the project list (see POMC 20.182.120) for roads at the time they are placed on the list; the cost of maintaining the city's level of park service as shown on Appendix B; and the costs relating to the construction of school facilities, and to then update the cost estimates at least annually, considering the: (i) Availability of other means of funding park, school and transportation facilities; (ii) Cost of existing park, school and transportation facility improvements; (iii) Methods by which park, school and transportation facility improvements were financed; and (iv) An adjustment to the cost of the park, school and transportation facilities for past or future payments or reasonably anticipated to be made by new development to pay for particular system improvements in the form of user fees, Docusign Envelope ID: 96123DBO-1734-4454-ACA9-5EO80DC7465C Ordinance No. 002-25 Page 5of7 debt service payments, taxes or other payments earmarked for or proratable to the particular system improvement. 4) Information supplied by applicants. Applicants for development shall provide the necessary information to facilitate the application and calculation of impact fees including the square footage of buildings to be constructed, the number of bedrooms in proposed housing units. and/or the trip generation (Peak PM trips) for the proposed use (to be coordinated with concurrence review pursuant to POMC 20.180L This information must also accompany any request for variation from the impact fee schedule pursuant to POMC 20.182.090 or any request for impact fee credits pursuant to POMC 20.182.080. SECTION 4. Repealer. The City Council herein repeals Exhibit C to Ordinance No. 007-21, the City's previously adopted School Impact Fee Schedule, and all previous iterations of the School Impact Fee Schedule adopted prior to the enactment of Ordinance No. 007-21. SECTION 5. Adoption of School Impact Fee Schedule. In accordance with POMC 20.182.060, the City Council hereby adopts a new School Impact Fee Schedule which is attached to this Ordinance as Exhibit "C" and incorporated herein by this reference as if set forth in full. This School impact fee schedule shall become effective on the effective date established in Section 11 below and shall replace and supersede any previously adopted School impact fee schedule. No other Impact Fee Schedules (transportation or parks) are modified by this Ordinance. SECTION 6. Section 5 of this Ordinance is deemed of special effect and shall not be codified. SECTION 7. Effective Date of New School Impact Fee Schedule. The School Impact Fee Schedule which is adopted pursuant to Section 5 of this Ordinance shall take effect and be in full force and effect on 12:01 AM on July 1, 2025. SECTION 8. Savings Clause. The School Impact Fee Schedule which is repealed and replaced by this ordinance shall remain in force and effect as set out prior to this ordinance until the effective date set out in Section 7 hereof. Such repealer shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECTION 9. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 10. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance Docusign Envelope ID: 96123DBO-1734-4454-ACA9-5EO80DC7465C Ordinance No. 002-25 Page 6 of 7 numbering, section/subsection numbers, and any reference thereto. SECTION 11. Effective Date. This ordinance shall be posted and published as required by law and shall be effective and in full force five (5) days following publication. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 8t" day of April 2025. ATTEST: Signed by: BranCy Wa��ate, MMC, City Clerk APPROVED AS TO FORM: L by: tF a°rlOf aT.57Archer, City Attorney PUBLISHED: April 11, 2025 EFFECTIVE DATE: April 16, 2025 Signed by: b p4aausw offgTJzV finsuu, Mayor Q QRT ORi+rrrrir,',�� C ,r.,, oc 0% a+� �r�`• 'f,,: - SEA o LO �• �f''� OF WAV' �`�, Docusign Envelope ID: 96123DBO-1734-4454-ACA9-5EO80DC7465C Exhibit C City of Port Orchard School Impact Fee Rates Scaled Impact Fee per Sq Ft $ Minimum Impact Fee Maximum Impact Fee Ordinance No. 002-25 Page 7 of 7 XW O, 54.62 2,009.27 *Pursuant to POW 20.182.075, an Accessory Dwelling Unit may be assessed a fee lower than the minimum school impact fee under certain circumstance.