HomeMy WebLinkAbout5763ORDINANCE NO. 5 7 6 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING AUBURN CITY
CODE CHAPTER 19.04, TITLED "TRANSPORTATION
IMPACT FEES" AND AUTHORIZING CITY POLICY,
CLARIFYING SEVERAL ISSUES RELATED TO THE
TRANSPORTATION IMPACT FEE PROGRAM, AND
PROVIDING THAT THE TRANSPORTATION IMPACT
FEE SCHEDULE BE ADDED TO THE CITY OF AUBURN
FEE SCHEDULE
WHEREAS, by passage of Ordinance No. 5506, effective July 1, 2001,
the City Council implemented the City of Auburn Traffic Impact Fee Program;
and
WHEREAS, there is a need to provide clarification of the City's intent
with respect to several issues regarding the fee system; and
WHEREAS, to fully implement the original intent of Ordinance No. 5506,
it is necessary to amend the current city code; and
WHEREAS, this Ordinance is being adopted under the authority
provided by RCW 82.02, and
WHEREAS, the City has prepared policy guidance which is attached as
a separate enclosure to be implemented upon the Council's approval of this
ordinance, and
Ordinance No. 5763
06/11/2003
Page 1
WHEREAS, the City Council provided for adoption of a City of Auburn
Fee Schedule in the adoption of Ordinance No. 5707 and Ordinance No. 5715;
and,
WHEREAS, it is appropriate that the Transportation Impact Fee
schedule be added to the City of Auburn Fee Schedule.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. AMENDMENT OF CITY CODE: Chapter 19.04 of the
Auburn City Code is amended to read as follows:
Chapter 19.04
TRANSPORTATION IMPACT FEES
Sections:
19.04.010
19.04.020
19.04.030
19.04.040
19.04.050
19.04.060
19.04.070
19.04.080
19.04.090
19.04.100
19.04.110
19.04.120
19.04.130
Findings and authority.
Definitions.
Reserved.
Assessment of impact fees.
Independent fee calculations.
Credits and adjustments.
Exemptions.
Appeals.
Establishment of an impact fee account for transportation.
Refunds.
Use of funds.
Review and update of impact fees.
Miscellaneous provisions.
19.04.010 Findings and authority.
The council of the city of Auburn (the "council") hereby finds and determines
that new growth and development, including but not limited to new residential,
commercial, retail, office, and industrial development, in the city of Auburn will
Ordinance No. 5763
06/11/2003
Page 2
create additional demand and need for transportation facilities in the city of
Auburn, and the council finds that new growth and development should pay a
proportionate share of the cost of transportation facilities needed to serve the
new growth and development. The city of Auburn has conducted extensive
studies documenting the procedures for measuring the impact of new
developments on transportation facilities. These studies have contributed to the
rates as established in the Fee Schedule of the City of Auburn~,
following this chapter. Therefore, pursuant to Chapter 82.02 RCW, the council
adopts this chapter to assess impact fees for transportation facilities. The
provisions of this chapter shall be liberally construed in order to carry out the
purposes of the council in establishing the transportation impact fee program.
(Ord. 5506 § 1,2001.)
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, Chapter 36.70A RCW, 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 o r occupancy o f an existing building o r structure, a nd w here n o 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 to Chapter 36.70A RCW, and such
plan as amended.
D. "City" means the city 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
transportation facilities.
H. "Director" means the director of the department of public works or the
director's designee.
Ordinance No. 5763
06/11/2003
Page 3
I. "Downtown plan area" means the study area as identified and adopted in
the 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 Route 18 to
East Main Street, East Main Street from F Street SE to E Street SE, and E
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 NW/NE from D Street NW to Auburn Avenue, and 4th Street NE from
Auburn Avenue to E Street NE. For the purposes of this chapter, the downtown
plan area boundary has been slightly modified to avoid bisecting 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.
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.
L. "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 facilities, 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.
N. "Gross leasable area" (GLA) means the total floor area designed for
tenant occupancy a nd exclusive u se. F or t he purposes of t he t rip 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.
O. "Hearing examiner" means the examiner who acts on behalf of the
council in considering and applying land use regulatory codes as provided
under Chapter 18.66 ACC. Where appropriate, "hearing examiner" also refers
to the office of the hearing examiner.
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
transportation impact fees collected. The account shall be established pursuant
to ACC 19.04.090, and comply with the requirements of RCW 82.02.070.
Ordinance No. 5763
06/11/2003
Page 4
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.
S. "Interest" 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 for
the entire Auburn transportation system which between noon and midnight,
~,,~,, ........... ,4 ,,.,;,4,,;,,~,, typically occurs between the hours of 84:00 p.m. to
6:00 p.m.
W. "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.
X. "Square footage" means the square footage of the gross floor area or
gross floor leasable area of the development.
Y. "State" means the state of Washington.
Z. "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
improvements. No transportation improvement or facility included in a capital
facilities plan approved by the council shall be considered a transportation
project improvement.
AA. "Transportation 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.
BB. "Grandfathering" means that existing land uses of a property in effect on
July 1,2001, the intial effective date of the impact fees ordinance, are entitled to
system capacity credits determined by the adopted impact fees rate schedule.
CC. "Surplus credits" means credits over and above those calculated as an
impact fee. For example:
1. In grandfatherinq calculations if the difference between a
proposed u se fee minus existing u se credit results i n a positive
number, the result is the Impact fee due.
Ordinance No. 5763
06/11/2003
Page 5
2. In .qrandfatherin.q calculations if the difference between a
proposed use fee minus existing use credit results in a neqative
number, the result is the surplus credit and no impact fee would
be due. Current practice is to not pay out in real dollars the
calculated surplus credit.
In off-site system capacity improvements or ROW dedication it is also
possible to create sufficient value that results in a surplus credit.
DD. "Change in Use" for the purposes of this Chapter means a different use
as set forth in the identification of uses for the various fees for uses in the ITE
Manual.
EE. ITE Manual means the manual
Institute of Transportation Engineers.
promulgated and published
by the
(Ord. 5604 § 1,2001; Ord. 5506 § 1,2001.)
19.04.030 Reserved.
(Ord. 5506 § 1,2001.)
19.04.040 Assessment of impact fees.
A. Effective July 1, 2001, the city shall collect impact fees, based on the-rate
sc:~,edulethe Fee Schedule of the City of Auburn, ^~achmc,",t A, from any
applicant seeking a building permit from the city for any development activity
within the city.
B. Effective July I, 2901 May 19, 2005, where a change in use increases
the trip generation by more than l0 one whole PM peak hour trips, the director
shall calculate a transportation impact fee based o n t he increases i n t he t rip
generation rate.
C. The amount of impact fees shall be determined at the time an applicant
submits a complete application for a building permit, using the impact fee
schedules then in effect, or pursuant to an independent fee calculation
accepted by the director pursuant to ACC 19.04.050, and adjusted for any
credits pursuant to ACC 19.04.060.
D. Payment of impact fees shall be made by the feepayer at the time the
building permit is issued. The amount to be paid shall not be increased for any
applicant t hat submitted a complete application for t he building permit before
the city established the impact fee rates.
E. Applicants that have been awarded credits prior to the submittal of the
complete building permit application pursuant to ACC 19.04.060 shall submit,
along with the complete building permit application, a copy of the letter or
certificate prepared by the director pursuant to ACC 19.04.060 setting forth the
Ordinance No. 5763
06/11/2003
Page 6
dollar amount of the credit awarded. Impact fees, as determined after the
application of appropriate credits, s hall b e collected from t he feepayer a t t he
time the building permit is issued.
F. The department shall not issue a building permit unless and until the
impact fees have been paid or credit(s) awarded. (Ord. 5506 § 1, 2001.)
19.04.050 Independent fee calculations.
A. If in the judgment of the director, none of the fee categories set forth in
the attached schedule accurately describes or captures the impacts of the new
development, the applicant shall conduct an independent fee calculation and
the director may impose alternative fees on a specific development based on
· those calculations, once accepted by the city.
B. Feepayers may opt not to have the impact fees determined according to
the attached schedule. Such feepayers shall prepare and submit to the director
an independent fee calculation for the development activity for which a building
permit is sought.
C. The documentation submitted and supporting an independent fee
calculation s hall clearly s how P M peak h our t rip generation characteristics of
the proposed development based on industry-accepted standards as articulated
in the ITE trip generation manual. The modified fee shall be based on the
average cost per trip established in the Fee Schedule of the City of
AuburnA~a~,hme¢~, and shall consider the alternative trip generation data.
D. A non-reimbursible administrative fee shall be charqed for each independent fee
calculation. The fee shall be deposited with the city to pay for city review of the
independent fee calculation upon submittal of the documented independent fee study:.
E. After the city completes its review, the actual fees and expenses will be
determined and the cash deposit shall be adiusted to provide for a refund by fine
city or additional payment by the feepayer.
Ordinance No. 5763
06/11/2003
Page 7
1
F~. Whilo there is a presumption that the calculations set fodh in the
a~achod schodulo are valid, tho director shall considor tho documontation
submi~ed b y t ho foopayor, b ut i s not roquired to a ccopt such d ocumontation
which tho director reasonably dooms to bo inaccurato or not reliablo, and may,
in tho altomativo, require tho foopayor to submit additional or difforent
documontation for considoration. Tho director is authorizod to adjust tho impact
leos on a caso-by-caso basis basod on tho indopondont leo calculation, tho
spocific charactodstics of tho dovolopmont, and/or pdnciplos of fairnoss.
G~. Dotorminations mado by tho director pursuant to this soction may bo
appoalod t o t ho offico o f t ho h oarin~ o xaminor s ubjoct t o tho p rocodures sot
fo~h in ACC ~.04.080. (Ord. 5500 ~ ~, 200~.)
19.04.060 Credits and adjustments.
A. A feepayer can request that a credit or credits for transportation impact
fees be awarded to him/her for transportation project improvements provided by
the feepayer in excess of the standard requirements for the feepayeri~
development if the land, improvements, and/or the facility constructed are
Ordinance No. 5763
06/11/2003
Page 8
identified as transportation system improvements that provide capacity to serve
new growth in the capital facilities plan, or the director, at his/her discretion,
makes the finding that such land, improvements, and/or facilities would serve
the transportation goals and objectives of the capital facilities plan.
B. For each request for a credit or credits, the director shall determine the
value of dedicated land by using available documentation or selecting an
appraiser from a list of independent appraisers maintained by the department to
determine the value of the land being dedicated. The value of the improvements
will be determined through documentation submitted by the feepayer.
C. The feepayer shall pay the cost of the appraisal and shall deposit on
account the estimated cost of the appraisal as determined by the city at the time
the feepayer requests consideration for a credit.
D. After receiving the appraisal, the director shall provide the applicant with
a letter or certificate setting forth the dollar amount of the credit, the reason for
the credit, where applicable, the legal description of the site donated, and the
legal description or other adequate description of the project or development to
which the credit may be applied. The applicant must sign and date a duplicate
copy of such letter or certificate indicating his/her agreement to the terms of the
letter or certificate, and return such signed document to the director before the
impact fee credit will be awarded. The failure of the applicant to sign, date, and
return such document within 60 days shall nullify the credit.
E. Any claim for credit must be made no later than the time of application for
a building permit. Any claim not so made shall be deemed waived.
F. No credit shall be given for transportation project improvements or right-
of-way dedications for direct access improvements to and/or within the
development in question.
G. Determinations made by the director pursuant to this section shall be
subject to the appeals procedures set forth in ACC 19.04.080.
H. Pursuant to and consistent with the requirements of RCW 82.02.060, the
fee rate~ in the Fee Schedule of the City of Auburn~, has
been reasonably adjusted for other revenue sources which are earmarked for,
or proratable to, funding transportation facilities.
I. In order to grandfather the capacity rights of existinq landuses, the
Director will utilize the adopted rates to calculate any impact fee credits and to
determine a ny surplus credits for off site system improvements made by the
property owner. Only in a situation when a property owner makes off site
system capacity improvements that qualify in accordance with paragraph
19.04.060.A. will any surplus credits (value computed durinq the permit year
and not adiusted for inflation) remain with the property or any subdivision of that
Ordinance No. 5763
06/11/2003
Page 9
property to benefit future development where a traffic impact fee is determined
to be due. (Ord. 5506 § 1,2001.)
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 ~,',+ '~'~' ......
,.,.,,,o ,,,~*h~,, !2 ,,,,,,,ho ,,~ *~,,, ,~,,,,,,,1~*,,,,, ,,, ,~,,o*,,,,-*~-,,, ,-~
shall result in no new impact fees;
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 nonresidential structure that does not expand
the usable space and that does not involve a change in use;
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 ACC 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 subsequently determined to be
a complete application by the city;
8. All development activity within the "downtown plan area" as defined in
ACC 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 to 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 ACC 19.04.080. (Ord. 5604 § 1,2001; Ord. 5506 § 1,2001 .)
19.04.080 Appeals.
A. A ny feepayer m ay pay t he impact fees imposed b y t his chapter under
protest in order to obtain a building permit. _Appeals regarding the impact fees
imposed on any development activity may only be made by the feepayer of the
property where such development activity will occur. No appeal submitted under
protest shall be permitted unless and until the impact fees at issue have been
paid. Alternatively, any feepayer may appeal the impact fees determined by the
Ordinance No. 5763
06/11/2003
Page 10
Director without first paying the fees, providing the Applicant is willing to provide
a satisfactory security of the appealed fee amount in accordance with the
requirements of ACC 17.08.010.A prior to issuance of the buildinq permit.
Alternatively, any feepayer may appeal the impact fees determined by the
Director without first paying the fees providinq the Applicant is willing to
postpone issuance of the buildinq permit until after the appeal process when the
revised final fee is known.
B. Determinations of the director with respect to the applicability of the
impact fees to a given development activity, the availability or value of a credit,
or the director's decision with respect to the independent fee calculation, or any
other determination which t he director i s authorized t o make pursuant to t his
chapter, can be appealed to the hearing examiner.
C. Appeals shall be taken within 10 days of the director's issuance of a
written determination by filing with the office of the hearing examiner a notice of
appeal specifying the grounds thereof, and depositing the necessary fee, which
is set forth in the existing fee schedules for appeals of administrative decisions.
The director shall transmit to the office of the hearing examiner all papers
constituting the record for the determination, including, where appropriate, the
independent fee calculation.
D. The hearing examiner shall fix a time for the hearing of the appeal, give
notice to the parties in interest, and decide the same as provided in Chapter
18.66 ACC. At the hearing, any party may appear in person or by agent or
attorney.
E. The hearing examiner is authorized to make findings of fact regarding the
applicability of the impact fees to a given development activity, the availability or
amount of the credit, or the accuracy or applicability of an independent fee
calculation. The decision of the hearing examiner shall be final, except as
provided in subsection G of this section.
F. The hearing examiner may, so long as such action is in conformance with
the provisions of this chapter, reverse or affirm, in whole or in part, or may
modify the determinations of the director with respect to the amount of the
impact fees imposed or the credit awarded upon a determination that it is
proper to do so based on principles of fairness, and may make such order,
requirements, decision or determination as ought to be made, and to that end
shall have the powers which have been granted to the director by this chapter.
G. Any feepayer aggrieved by any decision of the office of the hearing
examiner may appeal the hearing examiner's final decision as provided in
Chapter 18.66 ACC. (Ord. 5506 § 1,2001 .)
19.04.090 Establishment of an impact fee account for transportation.
Ordinance No. 5763
06/11/2003
Page 11
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
ACC 1 9.04.110. Interest earned on the fees s hall 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 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 82.02.060(2), impact fees for development
activity in the downtown plan area shall be paid for with public funds other than
from impact fee accounts during the exemption period set forth in ACC
19.04.070 (A)(8). (Ord. 5604 § 1,2001; Ord. 5506 § 1,2001.)
19.04.100 Refunds.
A. If the city fails to expend or encumber the impact fees within six years of
when the fees were paid, or where extraordinary or compelling reasons exist,
such other time periods as established pursuant to ACC 19.04.090, the current
owner of the property on which impact fees have been paid may receive a
refund of such fees. In determining whether impact fees have been expended
or encumbered, impact fees shall be considered expended or encumbered on a
first-in, first-out basis.
B. The city shall notify potential claimants by first class mail deposited with
the United States Postal Service at the last known address of such claimants. A
potential claimant or claimant must be the owner of the property.
C. Owners seeking a refund of impact fees must submit a written request for
a refund of the fees to the director within one year of the date the right to claim
the refund arises or the date that notice is given, whichever is later.
D. Any impact fees for whiCh no application for a refund has been made
within this one-year period shall be retained by the city and expended on
appropriate transportation system improvements.
E. Refunds of impact fees under this section shall include any interest
earned on the impact fees by the city.
Ordinance No. 5763
06/11/2003
Page 12
F. If and when the city seeks to terminate any or all components of the
transportation impact fee program, all unexpended or unencumbered funds
from any terminated component or components, including interest earned, shall
be refunded pursuant to this section. Upon the finding that any or all fee
requirements are to be terminated, the city shall place notice of such
termination and the availability of refunds in a newspaper of general circulation
at least two times and shall notify all potential claimants by first class mail to the
last known address of the claimants. All funds available for refund shall be
retained for a period of one year. At the end of one year, any remaining funds
shall be retained by the city, but must be expended for appropriate
transportation system improvements. This notice requirement shall not apply if
there are no unexpended or unencumbered balances within an account or
accounts being terminated.
G. The city shall also refund to the developer of property for which impact
fees have been paid all impact fees paid, including interest earned on the
impact fees, if the development activity for which the impact fees were imposed
did not occur. (Ord. 5506 § 1,2001.)
19.04.110 Use of funds.
A. Pursuant to this chapter, transportation impact fees:
1. Shall be used for transportation improvements that will reasonably
benefit the new development; and
2. Shall not be imposed to make up for deficiencies in transportation
facilities serving existing developments; and
3. Shall not be used for maintenance or operations.
B. As a general guideline, transportation impact fees may be used for any
transportation improvements which could otherwise be funded by a bond issue
of the city.
C. Transportation impact fees may be spent for transportation
improvements, including b ut not limited to planning, land acquisition, right-of-
way acquisition, site improvements, necessary off-site improvements including
mitigation, construction, engineering, architectural, permitting, financing, and
administrative expenses, applicable impact fees or mitigation costs, and any
other expenses which can be capitalized.
D. Impact fees may be used to recoup transportation improvement costs
previously incurred by the city to the extent that new growth and development
will be served by the previously constructed improvements or incurred costs.
E. In the event that bonds or similar debt instruments are or have been
issued for the advanced provision of transportation improvements for which
impact fees may be expended, impact fees may be used to pay debt service on
Ordinance No. 5763
06/11/2003
Page 13
such bonds or similar debt instruments to the extent that the facilities or
improvements provided are consistent with the requirements of this section and
are used to serve the new development. (Ord. 5506 § 1,2001 .)
19.04.120 Review and update of impact fees.
A. The fee rate schedule set forth in the Fee Schedule of the City of
AuburnAtts,shme,o~-A shall be reviewed by the council no later than two years
after the effective date of the attached fee rate schedule, and no more than
every two years thereafter.
B. The fee rate schedule set forth in the Fee Schedule of the City of
Auburn~ shall be reviewed by the council as it may deem
necessary and appropriate in conjunction with the annual update of the capital
facilities plan element of the city, s comprehensive plan. (Ord. 5506 § 1,2001 .)
19.04.130 Miscellaneous provisions.
A. Existing Authority Unimpaired. Nothing in this chapter shall preclude the
city from requiring the feepayer or the proponent of a development activity to
mitigate adverse environmental impacts of a specific development pursuant to
the State Environmental Policy Act, Chapter 43.21C RCW, based on the
environmental documents accompanying the underlying development approval
process, and/or Chapter 58.17 RCW, governing plats and subdivisions;
provided, that the exercise of this authority is consistent with the provisions of
RCW 82.02.050(1)(c).
B. Captions. The chapter and section captions used in this chapter are for
convenience only and shall not control or affect the meaning or construction of
any of the provisions of this chapter.
C. Severability. If any portion of this chapter is found to be invalid or
unenforceable for any reason, such finding shall not affect the validity or
enforceability of any other section of this chapter.
D. Short Title. This chapter shall be known and may be cited as the "The
City of Auburn Transportation Impact Fee Ordinance." (Ord. 5506 § 1,2001 .)
Ordinance No. 5763
06/11/2003
Page 14
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Ordinance No. 5763
06/11/2003
Page 15
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$!.91
sf/GFA 3.76 $2.24
ole/t'-'_lh' tX ') I i? q21 CIO
oC/("~I7 A 1 .<C q2 I A~
s£/GFA !.44 $1.27
c... sf- square .... o.~ · ,...
been reduced to
g VFP - -'eu;"~ n,~;-,. ' ·
.............. o posltlO~:
g-.ace is ................... .....space: ............................ spaces,
Section 2. TRAFFIC IMPACT FEE SCHEDULE ADDED TO CITY FEE
SCHEDULE: The City of Auburn Traffic Impact Fee Schedule as set forth
herein below, previously included within Chapter 19.04 of the City Code, shall
Ordinance No. 5763
06/11/2003
Page 16
be included in the City of Auburn Fee Schedule, the full Schedule of which is
attached hereto, marked as Exhibit "A" and incorporated herein by this
reference.
Unit of Basic Impact
Land Use
Residential
Transportation Impact Fee Rate Schedule
Measure Trip Rate
SF residential
MF residential
Mobile home in MH park
Retirement community
Hotel
Motel
dwelling 1.01
dwelling 0.62
dwelling 0.49
dwelling 0.27
room 0.61
room 0.47
Fee Rate
$677.71
$440.91
$261.35
$144.01
$468.78
$361.19
Commercial - Services
Drive-in bank
Walk-in bank
Day care center
Library
Post office
Service station
Service station w/minimart
Auto care center
Movie theater
Health club
Commercial - Institutional
Elementary school
Middle school/jr, high
High school
Church
Hospital
lane 63.33 $10,895.93
sf/GFA 33.15 $7.61
sf/GFA 13.20 $2.501
sf/GFA 7.09 $1.74
sf/GFA 10.79 $2.65
VFP2 14.56 $1,903.84
sf/GFA 96.37 $9.45
sf/GLA 3.38 $0.99
sf/GFA 3.80 $1.43
s f/GFA 4.30 $1.91
sf/GFA 1.20 $0.69
sf/GFA 1.20 $0.69
sf/GFA 1.02 $0.66
sf/GFA 0.66 $0.47
sf/GFA 0.92 $0.71
Commercial - Restaurant
Restaurant
High turnover restaurant
Fast food restaurant
sffGFA 7.49 $3.89
sffGFA 10.86 $3.84
sffGFA 33.48 $6.43
Ordinance No. 5763
06/11/2003
Page17
Commercial - Retail Shopping
Shopping center
Up to 9,999 sq. ft.
10,000 to 49,999 sq. ft.
50,000 to 99,999 sq. ft.
100,000 to 199,999 sq. ft.
200,000 to 299,999 sq. ft.
300,000 to 399,999 sq. ft.
Over 400,000 sq. ft.
Supermarket
Convenience market
Freestanding discount store
Hardware/paint store
Specialty retail center
Furniture store
Car sales - New
Car sales - Used
sf/GLA 13.70 $1.69
sf/GLA 9.46 $1.49
sf/GLA 6.92 $1.09
sf/GLA 5.47 $1.08
sf/GLA 4.60 $0.98
sf/GLA 4.10 $1.15
sf/GLA 3.77 $1.30
sf/GFA 11.51 $3.47
sf/GFA 53.73 $5.97
sf/GFA 4.24 $0.97
sf/GFA 4.42 $0.58
sf/GFA 2.59 $0.43
sf/GFA 0.45 $0.09
sf/GFA 2.80 $1.98
space3 0.28 $197.84
Commercial- Office
Up to 49,999 sq. ft.
50,000 to 99,999 sq. ft.
100,000 to 199,999 sq. ft.
200,000 to 299,999 sq. ft.
Over 300,000 sq. ft.
Medical office
sf/GFA 3.76 $2.24
s f/GFA 2.18 $1.92
sf/GFA 1.65 $1.45
sf/GFA 1.44 $1.27
sf/GFA 1.35 $1.19
sf/GFA 3.66 $2.52
Industrial
Light industry/manufacturing sf/GFA 0.98 $0.96
Heavy industry sf/GFA 0.68 $0.67
Industrial park sf/GFA 0.92 $0.90
Mini-warehouse/storage sf/GFA 0.26 $0.26
Notes:
A. Basic trip rates are based on the ITE Trip Generation Manual, 6th Edition.
B. Impact fee rate calculation is based upon the following methodology:
- Basic Trip Rate = PM Peak Hour Trip Generation (per unit of measure)
- Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip
Fee/(divide by) 1,000 for rate per square foot (where applicable) = Impact Fee Rate (per
unit of measure)
C. For land uses not specifically identified here, trip generation rates could be derived from
ITE or a special study by the applicant. ~_g_.~..t2~ fee for review of an~¥,~..'4J_~..t.:~ shall be a
Ordinance No. 5763
06/1 i/2003
Page 18
non-reimbursible fee of $250.00 per study submittal pay, able prior to City review of any
independent fee study.
D. Per trip fee is $573.50.
E. sf = square foot = sq. ft.
Footnotes:
1 Impact fee rate was $3.80/sf. For the economic welfare of the citizens of Auburn, rate has
been reduced to $2.50/sf. 2 VFP = vehicle fueling position.
3 Space is individual vehicle sales space: 70 vehicles for sale = 70 vehicle spaces.
Section 3. IMPLEMENTATION OF TRAFFIC IMPACT FEE POLICY:
The City of Auburn Traffic Impact Fee Program Policy as set forth herein
below is hereby adopted:
TRAFFIC IMPACT FEE PROGRAM
POLICY & PROCEDURES
PURPOSE: To establish uniform policy and procedural guidance for the
administration of the Traffic Impact Fee Program, the following policies are
provided to guide staff in administering the program.
A. The City's original intent was to provide better predictability and streamline
the process.
Policy: For warehousing projects where the initial applicant is permitting
only a shell structure with plans for subsequent building permits to build
out t he interior i n phases, t he City intended to h ave t he fee cover t he
complete project to be paid at building permit time. To fulfill this intent
the rate for 'Warehousing" will be eliminated by ordinance. The
remaining fees in the schedule will include build out of tenant
improvements.
B. The City desired to charge for new construction only and grandfather
existing uses for existing structures.
Ordinance No. 5763
06/11/2003
Page 19
Clarify t he ordinance intent to not charge for renovations w here
land use or zoning does not change for commercial & Industrial.
(ACC 19.04.070A.1 .)
Policy: In general the intent of the City is to grandfather all existing uses
and not charge an impact fee where a~o~-ene~>fthe following conditions
are met:
· There is no "Change in Use" occurring as defined in the ITSITE
Manual, e~and there is no change in structure floor space in a
renovation;
o_r
· For the specific case of residential to small business conversions,
where no rate is listed in the ~TS TE Manual, and the Applicant
desires to avoid the cost of an Engineering assessment, the test
for determining if an impact fee is due would be the difference in
parking space requirements between the existing use and the
proposed use as determined in the Zoning code. In such cases
the standard trip rate of $573.50 would be used.
For situations where a renovation of an existing structure is
proposed, land use will remain the same but the building footprint
and useable building space changes, such as additional floors the
following policy applies:
Policy: The intent of the City was to credit for the existing floor space
and charge for the additional floor space in full trip increments. In
calculations of new chargeable trips rounding will be down, rather than
up, to the nearest whole trip in favor of the Applicant.
How long should a prior vacant residential building be vacant
before a fee to modify for a new occupant is charged? (ACC
19.04.070A.1.) Given the intent to grandfather all existing uses,
this part of the code should be modified as follows: "Replacement
of a structure with a new structure of the same PM peak hour trip
generation and use at the same site or
~r,,~rc, ~A~l'l'l~ln '12 r~n~'l-~o ^'F '1'i-~,~ H,,~rn^ll~'l^n
~ shall result in no new impact fees."
Ordinance No. 5763
06/11/2003
Page 20
For situations where an existing building is destroyed by
Earthquake or a natural event or accident, an a similar project to
replace in kind is proposed the following policy applies:
Policy: This type of situation would be treated in the same manner as
grandfathering an existing structure under the amended ACC
19.04.070A.3.
C. The City's intent in applying the 10 PM Peak trip rule (ACC 19.04.040B) was
to promote small business, not to lead to unintended consequences. To
simplify the code and remedy the situation the following code change is
recommended:
"Effective July 1, 2001, where a change in use increases the trip
generation by more than 10 one whole PM peak hour trips, the director shall
calculate a transportation impact fee based on the increases in the trip
generation rate."
D. To provide policy clarification on what is meant by "Change in Use" the
following guidance applies.
Policy: Current practice a nd charges a re based o n definitions of use
and on the rates published in the ITE manual and as adopted in ACC
Chapter 19.04.
E. Currently staff uses a development's SEPA application to establish the
existing use and associated credits. Where the Application is ambiguous the
current business registration with t he Clerk's office w ill b e used to determine
existing use.
Policy: This practice complies with City's original intent and should
continue.
F. Where an Applicant is vested under prior regulations with a traffic impact
assessment established by such regulations or by a Traffic Mitigation
Agreement, and when the Applicant requests a building permit after the Impact
Fee Ordinance went into effect on July 1,2001 the City's intent was as follows:
Policy: T he City intends to not over assess any Applicant. In such
cases the City will afford the Applicant the choice between:
Ordinance No. 5763
06/11/2003
Page 21
Go
structures:
·
1. A credit of the impact fee equal to the value of any fulfilled
mitigation for system capacity improvements, or
2. Paying the impact fee per the City's Impact fee schedule, or
3. ,in llou of Pay an amount equivalent to the-SEPA mitigation a__s_s
calculated by the City, in cases where no actual mitigation
improvements have been constructed or paid by the Applicant.
Method of calculating the entitlement of grandfathered credits for existing
ITE Manual includes the appropriate land use: In all cases where
the land use is listed in the ITE Manual uses, the rate specified as
adopted by the City will be used to calculate the credits of existing
land uses. (Regardless of the Peak Hour)
ITE Manual does not include the appropriate land use: Where the
ITE Manual does not prescribe the specific land use and rate, the
Applicant may be afforded two options:
The Director will determine the land use and rate using an
Engineering Assessment that best approximates the existing land
use, or
The Applicant may perform an Engineering Assessment to
document the trip rate for the existing permitted property use.
Once the Director approves the study, the trip rate would be used
to calculate the credit based upon the average system trip rate of
$573.50.
H. Banking of credits:
1. When a property owner of a development either dedicates ROW or
makes street system capacity improvements in excess of the value of the
property owner's obligations under the city's half street improvement
requirements the following policy applies: In such cases current code is
adequate. (ACC 19.04.060 Credits and Adjustments)
Policy: Where development makes system capacity improvements, if a
surplus credit is determined, then no impact fee is due; however, the City
does not refund the Applicant any amount of the surplus credit. In
situations where the development does not make full use of the property
as allowed by the zoning code (partial development), the surplus credit
may carry forward into the future to the benefit of the same property or
subdivisions of such property thereof for future credits to impact fees for
Ordinance No. 5763
06/11/2003
Page 22
subsequent property improvements that result in an impact fee
calculation.
In considering grandfathering of existing land uses a surplus credit may
be determined for an existing (Pre-development) use. This raises the
question: If re-development of a property creates surplus credits can
these be "banked" and applied against a future obligation for an impact
fee payment for a future development or redevelopment of the site. If so,
how is this tracked by the City?
Policy: In such situations, if a surplus credit is determined, then no
impact fee is due; however, the City does not refund the Applicant any
amount of the surplus credit and the credit does not carry forward as a
future benefit to the property or any subdivision thereof.
I. Transferring/selling of credits: If there are surplus traffic impact fee credits
under the scenarios described above, can these be sold or transferred to other
property owners? How does one go about purchasing or transferring the
credits and how does the city recognize this sale or transfer?
Policy: Any credits for traffic impact fees remain with the original parcel
of property that was considered when the credits were calculated. The
City does not allow the trading or transfer of credits to other properties to
be used to offset the calculation of impact fees.
Definitions: The following definitions should be added to ACC 19.04.
Surplus credits: Means credits over and above those calculated as an impact
fee. For example:
1. In grandfathering calculations if the difference between a
proposed u se fee minus existing u se credit results i n a positive
number, the result is the Impact fee due.
2. In grandfathering calculations if the difference between a
proposed use fee minus existing use credit results in a negative
number, the result is the surplus credit and no impact fee would
be due. Current practice is to not pay out in real dollars the
calculated surplus credit.
3. In off-site system capacity improvements or ROW dedication it is
also possible to create sufficient value that results in a surplus
credit.
Ordinance No. 5763
06/11/2003
Page 23
Grandfathering: means that existing land uses of a property in effect at the time
of July 1,2001, the intial effective date of the impact fees ordinance, are entitled
to system capacity credits determined by the adopted impact fees rate
schedule.
Section 4. FUTURE AMENDMENTS TO POLICY: At such times as the
City Council of the City of Auburn intends to amend or modify the City of Auburn
Traffic Impact Fee Program Policy, it is authorized and empowered to provide
for such policy amendment o r modification by Resolution properly introduced
and passed by the City Council.
Section 5. CONSTITUTIONALITY OR INVALIDITY: If any section,
subsection, clause, phrase, or sentence of this Ordinance, is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality of the
remaining portions of this ordinance, as it is being hereby expressly declared
that this ordinance and each section, subsection, clause, phrase, or sentence,
hereof would have been prepared, proposed, adopted, and approved and
ratified irrespective of the fact that any one or more section, subsection, clause,
phrase, or sentence, be declared invalid or unconstitutional.
Section 6. MAYOR'S AUTHORITY: The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Ordinance No. 5763
06/11/2003
Page 24
Section 7. EFFECTIVE DATE: This ordinance shall take effect and be
in force five (5) days from and after its passage, approval, and publication, as
provided by law.
ATTEST:
· Dahielle E. Daskam,
City Clerk
INTRODUCED:
JUN I $ 2003
PASSED:
JUN ] ii 2003
APPROVED:
JUN ! $ 2003
PETER B. LEWIS
MAYOR
Daniel B. Hei ,~IT~'
City Attorney
PUBLISHED:
Ordinance No. 5763
06/11/2003
Page 25