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Home My WebLink About6581 ORDINANGE NO. 6 5 8 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING SECTIONS 19.02.115, 19.02.120, 19.02..130 AND 19.02.140 OF THE AUBURN CITY CODE RELATING TO SCHOOL IMPACTS � FEES WHEREAS, the City of Auburn has adopted a school impact fee ordinance and collects school impact fees on behalf of certain school districts located or located in part within 4he City of Auburn; and � WHEREAS, the Aubum School District, Dieringer School District, Federal Way I School District, and the Kent School District, each being located in part within the City of Auburn, have provided the City of Auburn with updated capital facilities plans to be considered during fhe City's 2015 annual comprehensive plan amendment process that addresses among other things, the appropriate school impact fee for single family residential dwellings and multi- family residential dwellings for each district; and WHEREAS, the Auburn School District issued a Determination of Non- Significance for the 2015 - 2021 Auburn School District Capital Facilities Plan May 22, 2015; the Dieringer School District issued a Determination of Non- Signifcance for the 2016-2021 Dieringer School District Capital Facilities Plan June 1, 2015; the Federal Way School District issued a Determination of Non-Significance for the 2016 Federal Way School District Capital Facilities Plan May 8, 2015 and December 25, 2015; and Ordinance No. 6581 December 28, 2015 Page 1 of 7 the Kent School District issued a Determination of Non-Significance for the 2015-2016 through 2020-2021 Kent School District Capital Facilities Plan July 17, 2015; and WHEREAS the City of Auburn issued a Determination of Non-Significance (DNS) on November 2, 2015 for the City of Auburn Year 2015 city-initiated comprehensive plan map and text amendments (File No. SEP15-0030), and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn Planning Commission on December 8, 2015 conducted public hearings on the proposed Auburn School District 2015-2021 Capital Facilities Plan, the proposed Dieringer School District 2016 - 2021 Capital Facilities Plan; the proposed Federal Way School District 2016 Capital Facilities Plan; and for the proposed Kent School District 2015-2016 through 2020-2021 Capital Facilities Plan; and WHEREAS, following the conclusion of the public hearing on December 8, 2015, and subsequent deliberations, the Auburn Planning Commission, following individual positive motions, made separate recommendations to 4he Auburn City Council on the approval of the Auburn School District 2015-2021 Capital Facilities Plan, the Dieringer School District 2016 - 2021 Capital Facilities Plan; the Federal Way School District 2016 Capital Facilities Plan; and for the Kent School District 2015-2016 through 2020-2021 Capital Facilities Plan; and WHEREAS, the Auburn City Council reviewed the recommendations of the Auburn Planning Commission on the school district capital facilities plans at a regularly - - - - - - - - - - - - - - - - - - Ordinance No. 6581 December 28, 2015 Page 2 of 7 scheduled study session on December 14, 2015; and WHEREAS, the Auburn City Council considered the recommendafions of the Auburn Planning Commission on 4he capital facilities plans at a regularly scheduled meeting on January 4, 2016, and a positive motion approved the Auburn School District 2015-2021 Capital Facilities Plan, the Dieringer School District 2016 - 2021 Capital Facilities Plan; the Federal Way School District 2016 Capital Facilities Plan; and for the Kent School District 2015-2016 through 2020-2021 Capital Facilities (Ordinance No. 6580); and WHEREAS, on December 14, 2015 the Auburn City Council at a regularly scheduled study session reviewed amendments to Title 19 (Impact Fees) and more specifically, Chapter 19.02 (School Impact Fees) pertaining to school impact fees for single family residential dwelling units and multi-family dwelling units to be applied in the City of Auburn for the Auburn School District; Dieringer School District, Federal Way School District, and the Kent School District; respectively, based on the aforementioned capital facilities plans for each of these districts; and WHEREAS, the Aubum City Code provides for adjustments to school impact fees based on a review of the capital facilities plans for each of the districts; and WHEREAS, Section 19.02.060 (Annual Council Review) of the Auburn City Code specifies that the Aubum City Council will in making its decision to adjust impact fees take info consideration the quality and completeness of the information provided in the applicable school district capital facilities plan and may de.cide to enact a fee less than - - - - - - - - - - - - - - - - - - Ordinance No. 6581 December 28, 2015 Page 3 of 7 the amount supported by the capital facilities plan. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to the City Code. Section 19.02.115 of the Auburn City Code is hereby amended to read as follows. 19.02.115 Impact fee calculation and schedule for the Dieringer School District. The impact fee calculation and schedule below is based upon a review of the impact fee calculation for single-family residences and for multifamily residences set forth in the most recent version of the Dieringer School District Capital Facilities Plan adopted by the Auburn city council as an element of the Auburn comprehensive plan. The calculation is the determination of the appropriate proporfionate share of the costs of public school capital facili4ies needed to serve new growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. � Effective January 1, 29��2016, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: � Per Single-Family Dwelling Unit $3;��9-9A 3 330.00 Per Multifamily Dwelling Unit $�9A 1 515.00 (Ord. 6445 § 1, 2013; Ord. 6393 § 1, 2011; Ord. 6341 § 2, 2011; Ord. 6340 § 1, 2010; Ord. 6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord, 6134 § 1, 2007; Ord. 6060 § 1, 2006; Ord. 5950 §2, 2005.) Section 2. Amendment to the City Code. Section 19.02.120 of the Auburn City Code is hereby amended to read as follows. 19.02.120 Impact fee calculation and schedule for the Auburn School District. The impact fee calculation and schedule is based upon a review of the impact fee calculation for single-family residences and for multifamily Ordinance No. 6581 December 26, 2015 Page 4 of 7 residences set forth in the most recent version of the Auburn School DistricYs Capital Facilities Plan adopted by the Auburn city council as an element of the Auburn comprehensive plan. The calculation is the determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new gro4✓th and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. � Effective January 1, �9a-52016, or the effective date of this oriiinance whichever is later, the school impact fee shall be as follows: � Per Single-Family Dwelling Unit Q",�� 5 330.88 � Per Multifamily Dwelling Unit $3�-�� 2 625.01 (Ord. 6445 § 2, 2013; Ord. 6393 § 2, 2011; Ord. 6341 § 2, 2011; Ord. 6340 § 2, 2010; Ord. 6279 § 2, 2009; Ord. 6214 § 2, 2008; Ord. 6134 § 2, 2007; Ord. 6060 § 2, 2006; Ord. 5950 § 1, 2005; Ord. 5793 § 1, 2003; Ord. 5232 § 1, 1999.) Section 3. Amendment to the City Code. Section 19.02.130 of the Auburn City Code is hereby amended as follows. 19.02.130 Impact fee calculation and schedule for the Kent School District. The impact fee calculation and schedule is based upon a review of the impact fee and calculation for single-family residences and for multifamily residences set forth in the most recent version of the Kent School DistricYs Capital Facilities Plan adopted by the Auburn city council as an element of the Auburn comprehensive plan. The calculation is the determination of the appropriate proportionate share of the costs of public school capital facilities needed to senre new growrth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. � Effective January 1, 28�52016, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: � Per Single-Family Dwelling Unit $5;4�6:09 4$ ,990.00 � Per Multifamily Dwelling Unit $3�99 2 163.00 - - - - - - - - - - - - - - - - - - Ordinance No. 6581 December 28, 2015 Page 5 of 7 (Ortl. 6445 § 3, 2013; Ord. 6393 § 3, 2011; Ord. 6341 § 2, 2011; Ord. 6340 § 3, 2010; Ord. 6279 § 3, 2009; Ord. 6214 § 3, 2008; Ord. 6134 § 3, 2007; Ord, 6060 § 3, 2006; Ord. 5950 § 1, 2005; Ord. 5233 § 1, 1999.) Section 4. Amendment to the City Code. Section 19.02.140 of the Auburn City Code is hereby amended to read as follows. 19.02.140 Impact fee calculation and schedule for the Federal Way School District. The impact fee calculation and schedule is based upon a review of the impact fee and calculation for single-family residences and for multifamily residences set forth in the most recent version of the Federal Way School DistricYs Capital Facilities Plan adopted by the Auburn city council as an element of the Auburn corriprehensive plan. The calcula#ion is the determination of the appropriate proportionate share of the costs of public school capital facili4ies needed to serve new growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. � Effective January 1, ��52016, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: � Per Single-Family Dwelling Unit $��8 2 899.00 � Per Multifamily Dwelling Unit -$�3498 506.00 (Ord. 6445 § 4, 2013; Ord. 6393 § 4, 2011; Ord. 6341 § 2, 2011; Ord. 6340 § 4, 2010; Orci. 6279 § 4, 2009; Ord. 6214 § 4, 2008; Ord. 6134 § 4, 2007; Ord. 6060 § 4, 2006; Ord. 6042 § 1, 2006.) Section 5. Constitutionality and Invalidity. If any section, subsection sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or unconstifutional by any Court of competent jurisdiction such portion shall be deemed a - - - - - - - - - - - - - - - - - - Ordinance No. 6581 December 28, 2015 Page 6 of 7 separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section 6. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legisla4ion. Section 7. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. FIRST READING: �AN - 4 2016 SECOND READING: .IAN �I 9 2016 PASSED: JAN 19 2016 APPROVED: JAN I 9 2016 B US, Mayor � ATTEST; � �B�t, �� l Dan'elle E. Daskam, City Clerk AP ED FOR : Daniel B. Heid, City Attorney Published: �.0 ._ e?Sd-e/ ;�.. ��"'��" �'`"`� - - - - - - - - - - - - - - - - - - Ordinance No. 6581 December 28, 2015 Page 7 of 7