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HomeMy WebLinkAbout5604ORDINANCE NO. 5 & 0 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING AUBURN CITY CODE CHAPTER 19.04 RELATED TO TRANSPORTATION IMPACT FEES BY AMENDING SECTION 19.04.020 "DEFINITIONS" TO INCLUDE A DEFINITION OF "DOWNTOWN PLAN AREA", AMENDING SECTION 19.04.070 "EXEMPTIONS" TO PROVIDE FOR AN EXEMPTION FROM THE PAYMENT OF TRANSPORTATION IMPACT FEES FOR DEVELOPMENT ACTIVITY IN THE DOWNTOWN PLAN AREA AND ESTABLISHING AN EXEMPTION SUNSET DATE OF DECEMBER 31, 2006, AMENDING SECTION 19.04.090 "ESTABLISHMENT OF AN IMPACT FEE ACCOUNT FOR TRANSPORTATION" BY STATING THAT THE PAYMENT OF iMPACT FEES IN THE DOWNTOWN PLAN AREA DURING THE EXEMPTION PERIOD WILL BE PAID FOR BY PUBLIC FUNDS, AND AUTHORIZING THE MAYOR TO IMPLEMENT SUCH ADMINISTRATIVE PROCEDURES AS MAY BE NECESSARY TO CARRY OUT THE DIRECTIVES OF THIS LEGISLATION. WHEREAS, the City of Auburn is authorized by Chapter 82.02 RCW, to require new growth and development within the City of Auburn to pay a proportionate share of the cost of new facilities to serve such new growth and development through the assessment of impact fees; and WHEREAS, on April 2, 2001 the City Council of the City of Auburn approved Ordinance 5506 entitled, 'q'he City of Auburn Transportation impact Fee Ordinance"; and, WHEREAS, Ordinance 5506 established a transportation impact fee system for the City of Auburn; and, O~inance No. 5604 November17,2001 Page1 WHEREAS, on May 21, 2001 the City Council of the City of Auburn adopted a new Downtown Plan that includes policies and implementation strategies intended to foster, enhance and promote the livability and economic vitality of the Auburn Downtown Business District; and WHEREAS, Auburn Downtown Plan Policy 6-2 "Traffic Impact Fees" states that if the City adopts an traffic impact fee system consideration should be given to waiving the fee within the downtown with the intent that the waiver sunset after a five year period unless the Council elects to extend it; and WHEREAS, Auburn Downtown Plan Policy 6-2 states that the waiver should be predicated on all policies contained under Goals 5 and 6 of the "Downtown Plan"; and WHEREAS, Auburn Downtown Plan Goals 5 and 6 and related policies note that considerable public investment in road projects has already been expended in the Downtown area, that other funding sources beyond impact fees will be sought for transportation improvements in the downtown, and that also the Auburn Downtown is willing to accept a lower level of service than other areas of the city; and Ordinance No. 5604 November 17, 2001 Page 2 WHEREAS, RCW 82.02.060 (2) states that local ordinances by which impact fees are imposed may provide an exemption for development activities with broad public purposes provided that the impact fees from such development activity is paid from public funds other than impact fee accounts; and WHEREAS, the development of vibrant and healthy downtowns served by multi-modal transportation facilities such as commuter rail and other forms of public transit is a broad public purpose consistent with the regional vision and strategies set forth in Destination 2030, the King County Countywide Planning Policies, and the City of Auburn Comprehensive Plan; and WHEREAS, the City Council of the City of Auburn desires to implement Policy 6-2 of the Auburn Downtown Plan related to waiving impact fees; and WHEREAS, after due consideration the City Council finds that the appropriate manner to implement Policy 6-2 is by exempting the Downtown Plan Area from the City's standard transportation impact fee; and, Ordinance No. 5604 November 17, 2001 Page 3 WHEREAS, the city will make provisions so that the impact fees from such development activity in the exemption area is paid for from public funds other than impact fee accounts in accordance with RCW 82.02.060 (2); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 19.04 of the Auburn City Code entitled "Transportation Impact Fees" is hereby amended as shown in "Exhibit A", attached hereto and incorporated herein by reference. The above- cited Findings of Fact are herewith approved and incorporated in this Ordinance. Section 2. any person Ordinance If any provision of this Ordinance or its application to or circumstances is held invalid, the remainder of this or the application of the provision to other persons or circumstances shall not be affected. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Ordinance No. 5604 November 17, 2001 Page 4 Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: Decer~er ].7, 2OOl PASSED: December 17, 2001 APPROVED: December 17, 2001 Danielle E. Daskam, City Clerk CHARLES A. BOOTH MAYOR ~~ FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 5604 November 17, 2001 Page 5 Exhibit "A" 19.04.020 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. A. "Act" means the Growth Management Act, RCW 36.70A, as now in existence or as hereafter amended. B. "Building Permit," for the purposes of this chapter only, means an official document or certification which is issued by the City and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. In the case of increased impacts on transportation facilities caused by a change in use or occupancy of an existing building or structure, and where no building permit is required, the term "building permit" shall specifically include business registrations. C. "Capital Facilities Plan" means the capital facilities plan element of the City's comprehensive plan adopted pursuant fo Chapter 36.70A RCW, and such plan as amended. D. "City" means the Cily of Auburn. E. "Council" means the City Council of the City of Auburn. F. "Department" means the Department of Public Works. g. "Development Activity" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, that creates additional demand and need for transporlafion facilities. H. "Director" means the Director of the Department of Public Works or the Director's designee. I. "Downtown Plan Area" means the study area as identified and adopted in th~ City of Auburn Downtown Plan dated May 2001 that is defined by the boundary of the Union Pacific Railroad on the west and State Route 18 on the south. The eastern boundary is defined as F Street SE from State Rout~, 18 to East Main Street, East Main Street from F Street SE to E Street SE, and F Street NE from East Main Street to 4th Street NE. The northern boundary is defined as 2nd Street NW from the Interurban Trail to D Street NW, 3rd Street SW/SE from D Street NW to Auburn Avenue, and 4th Street NE from Auburn Avenue to E Street NE. For the purposes of this ordinance, the Downtown Plan area boundary has been sliglhtly modified to avoid bisectinq properties. ~J. "Dwelling Unit" means a building, or portion thereof, designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only. Exhibit 'A' Ordinance No. 5604 November 7, 2001 ~K."Encumbered" means to reserve, set aside or otherwise earmark the impact fees in order to pay for commitments, contractual obligations or other liabilities incurred for public facilities. K=U"Feepayer" is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity commencing a land development activity or land use change which creates the demand for additional transportation facililies, and which requires the issuance of a building permit. "Feepayer" includes an applicant for an impact fee credit. ~.M. "Gross Floor Area" (GFA) means the total square footage of any building, structure, or use, including accessory uses. /v~.N. "Gross Leasable Area" (GLA) means the total floor area designed for tenant occupancy and exclusive use. For the purposes of the trip generation calculation, the floor area of any parking garages within the building shall not be included within the GLA of the entire building. GLA is the area for which tenants pay rent; it is the area that produces income. NO. "Hearing Examiner" means the Examiner who acts on behalf of the Council in considering and applying land use regulatory codes as provided under Section 18.66 of the Auburn City Code. Where appropriate, "Hearing Examiner'' also refers to the office of the Hearing Examiner. G~.P. "impact fee" means a payment of money imposed by the City of Auburn on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the transportation facilities needed to serve new growth and development. ~.Q. "Impact Fee Account" or"Account" means the account established for the transpodation impact fees collected. The account shall be established pursuant to Seclion 19.04.090 of this chapter, and comply with the requirements of RCW 82.02.070. ~.R. "Independent Fee Calculation" means the transportation impact calculation prepared by a feepayer to support the assessment of an impact fee other than by the use of the attached schedules. l~.S."lnterest" means the interest rate earned by local jurisdictions in the State of Washington Local Government Investment Pool, if not otherwise defined. ~.T. "Multiple Family Dwelling" means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units. ~.U."Owner" means the owner of record of real property, provided that, if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. ~V. "PM Peak Hour" means the hour of the highest transportation demand between noon and midnight, typically 5 PM to 6 PM. ~,E.W. 'Transportation Project Improvements" mean site improvements and facilities that are planned and designed to provide service for a particular development or users of the project, and are not transportation system Exhibit 'A' Ordinance No. 5604 November 7, 2001 improvements. No transportation improvement or facility included in a capital facilities plan approved by the Council shall be considered a transportation project improvement. ~AqX. "Single Family Dwelling" means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. A manufactured home may be considered a one-family dwelling, if sited per ACC 18.48.050. ~.Y. "Square Footage" means the square footage of the gross floor area or gross floor leasable area of the development. ~.Z."State' means the State of Washington. ~AA. '~'ransportation System Improvements" means transportation facilities that are included in the City of Auburn's capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to transportation project improvements. 19.04.070 Exemptions. A. The following shall be exempted from the payment of transportation impact fees: 1. Replacement of a structure with a new structure of the same PM peak hour trip generation 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. 2. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. 3. Alterations of an existing non-residential structure that does not expand the useable space. 4. Miscellaneous improvements, including but not limited to fences, walls, swimming pools, and signs. 5. A change in use where the increase in PM peak hour trip generation is less than the threshold stated in 19.04.040(b). 6. Demolition, or moving of a structure out of the city. 7. Any building permit application that has been submitted to the Department before 5:00 p.m. the business day before the first effective date of the transportation impact fee rate schedule and subsequenlly determined to be a complete application by the City. 8. All development activity within the "Downtown Plan Area" as defined in 19.04.020 I., provided that this exemption shall sunset on December 31,2006, unless otherwise extended by the City Council. B. The Director shall be authorized fo determine whether a particular development activity falls within an exemption identified in this Section. Determinations of the Director shall be subject to the appeals procedures set forth in Section 19.04.080 below. Exhibit 'A' Ordinance No. 5604 November 7, 2001 19.04.090 Establishment of An Impact Fee Account for Transportation. A. Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. The fees received shall be prudently invested in a manner consistent with the investment policies of the City. B. There is hereby established a separate impact fee account for the fees collected pursuant to this Chapter: the Transportation Impact Account. Funds withdrawn from this account must be used in accordance with the provisions of section 19.04.110 of this Chapter. Interest earned on the fees shall be retained in the account and expended for the purposes for which the impact fees were collected. C. On an annual basis, the Financial Director shall provide a report to the Council on the Transportation Impact Account showing the source and amount of all moneys collected, earned, or received, and the transportation improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings extraordinary and compelling reason or reasons for the delay. E. In order to comply with RCW 82.02.06012), impact fees for development activity in the Downtown Plan Area shall be paid for with public funds other than from impact fee accounts duringt the exemption period set forth in Section 19.04.070.A.8.. Exhibit 'A' Ordinance No. 5604 November 7, 2001