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HomeMy WebLinkAbout6083ORDINANCE NO. 6 0 8 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REPEALING CHAPTER 12.64 OF THE AUBURN CITY CODE, AND ADOPTING A NEW CHAPTER 12.64A OF THE AUBURN CITY CODE RELATING TO REQUIRED PUBLIC IMPROVEMENTS FOR DEVELOPMENT PROJECTS WHEREAS, Chapter 12.64 of the Auburn City Code requires applicants for building permits to construct public improvements made necessary by the applicant's project; and WHEREAS, that chapter also provides a mechanism through which the applicant may defer such improvements or pay afee-in-lieu of constructing the improvements; and WHEREAS, the City Council finds that applying the requirements of Chapter 12.64 to certain improvements permitted through grading permits and special permits would be fair and equitable; and WHEREAS, the City Council wishes to establish guidelines to be used by the City Engineer in determining whether an applicant's project makes a given public improvement necessary; and WHEREAS, the City Council finds that a number of the procedural requirements set forth in Chapter 12.64 are duplicative of requirements stated elsewhere in the Auburn City Code and those requirements should be removed from Chapter 12.64; and WHEREAS, the City Council finds that implementing the above-stated changes would require such wholesale changes to the text of Chapter 12.64, that it is preferable Ordinance No. 6083 February 21, 2007 Page 2 to repeal Chapter 12.64 and adopt of a new Chapter 12.64A incorporating those changes, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Repeal of City Code Chapter. That Chapter 12.64 of the Auburn City Code be and the same hereby is repealed. Section 2. Adoption of New Chapter to City Code. That a new Chapter 12.64A of the Auburn City Code be, and the same hereby is, adopted to read as follows: Chapter 12.64A REQUIRED PUBLIC IMPROVEMENTS Sections: 12.64A.010 12.64A.020 12.64A.030 12.64A.040 12.64A.050 12.64A.060 Purpose. Applicability of Chapter. Requirements. Construction. Deferral and Fee-in-Lieu of Improvements. Appeal and Enforcement. 12.64A.010 Purpose. The purpose of this chapter is to: A. Establish the city's authority to require an applicant for a building, grading and/or special permit to make reasonable public street improvements and/or defer said improvements through an agreement process and/or pay a fee-in-lieu of said improvements; B. Establish procedures to determine when applicants for building, grading and/or special permit applicants shall be required to provide public improvements; C. Establish criteria to be used to determine the nature, extent and location of required public improvements; D. Promote the development of the city's transportation infrastructure in conformance with the City's comprehensive plan and design standards, in such manner as to avoid public harm or the creation of nuisance situations. 12.64A.020 Applicability of Chapter. It shall be a condition of any building, grading and/or special permit meeting one or more of the following criteria that the applicant shall construct or otherwise provide public right-of-way improvements as set forth in ACC 12.64A.030. Ordinance No. 6083 February 21, 2007 Page 2 A. Four (4) residential dwelling units or less, and the estimated value of the proposed structural improvements exceed 50% of the King or Pierce County assessor's value of the existing structure(s) on the subject property; or B. Commercial development, industrial development, or residential development with more than four (4) dwelling units, and the estimated value of the proposed structural improvements exceeds 25% of the King or Pierce County assessor's value of the existing structure(s) on the subject property; or C. New or additional residential, commercial, or industrial units will be created; or D. Five (5) or more new parking stalls on the subject property will be created; or E. Anew access point to a public street will be created. 12.64A.030 Requirements. The City Engineer shall determine in consultation with Police; Parks, Arts, and Recreation; Planning, Building and Community Departments; and the local fire authority whether one or more of the following public right-of-way improvements are necessary to mitigate the impacts of a permitted action set forth in ACC 12.64A.020. Construction or provision of those improvements in the manner specified by the City Engineer shall be a condition of granting said permit: A. Paved roadway on the same side of the street as the subject property; B. Street lighting; C. Sidewalks on the same side of the street as the subject property; D. Concrete curbs and gutters on the same side of the street as the subject property; E. Storm drainage systems; F. Street landscaping and appurtenances on the same .side of the street as the subject property; G. Traffic control and other safety devices including, but not limited to, provisions for channelization, pavement markings, signage, pedestrian safety, and traffic calming; H. Dedication of public right-of-way on the same side of the street as the subject property. 12.64A.040 Construction. Unless a deferral and/or fee-in-lieu of improvements is granted per ACC section 12.64A.050, applicants for a building, grading and/or special permit shall construct said improvements in conformance with the public facility extension requirements of ACC Chapter 13.40. 12.64A.050 Deferral and Fee-in-Lieu of Improvements. A. The City Engineer may grant a deferral and/or payment of fee-in-lieu of improvements for some or all of the improvements required pursuant to this Chapter upon receipt of a written request from the applicant or may require a deferral and/or Ordinance No. 6083 February 21, 2007 Page 2 payment of fee-in-lieu of improvements for some or all of the required improvements; provided, dedication of necessary right-of-way may not be deferred or satisfied through payment of a fee-in-lieu. The City Engineer's decision regarding deferral or payment of a fee-in-lieu shall take into account the best interest of the City and, among other considerations, the following criteria: 1. Proximity to similar improvements, or lack thereof, within the roadway corridor; 2. Continuity of infrastructure improvements within the public right-of-way; 3. Pending projects programmed within the corridor that may impact the street frontage of the subject property; 4. Safety considerations; 5. Traffic volumes and travel patterns; 6. Storm drainage needs; 7. Input from the Police; Parks, Arts, and Recreation; and Planning, Building and Community Departments; and the local fire authority. B. For those improvements either deferred or for which afee-in-lieu is paid, the applicant shall be required to: 1. Execute and record an agreement not to protest the formation of a future local improvement district (LID) formed for the construction of such improvements, and 2. Execute and record an agreement to defer the completion of the required improvements by the applicant until such time as the city determines the improvements are needed, or 3. Pay afee-in-lieu of improvements based on the city's estimated costs to complete the required improvements. The City shall have the discretion to require payment of a fee-in-lieu of improvements rather than the execution and recording of deferral agreements provided that the street improvements are part of an identified project in the city's six year transportation improvement program or other documentation and the funds can immediately be utilized for design and/or construction efforts or to leverage additional grant funding for the project, or 4. Execute a combination of a deferral and payment of a fee-in-lieu of improvements; provided, the applicant's combined obligation does not exceed the extent of the total requirements for such improvements. C. The applicant has the right under state law to protest the applicant's assessment for any such LID at the time of the final assessment roll public hearing. D. For those improvements that are deferred, the Design Standards and Construction Standards in place at the time of improvements shall be applied. 12.64A.060 Appeal and Enforcement. The appeal process for determinations made pursuant to this Chapter shall be as set forth in the Auburn Design Standards. When appealing a determination, the applicant must indicate if the appeal pertains to: 1. The determination of the required improvements in the public right-of-way; Ordinance No. 6083 February 21, 2007 Page 2 2. The determination to require or deny a deferral of said improvements; and/or 3. The determination to require the payment of a fee-in-lieu for a deferral instead of an executed and recorded agreement. The associated building, grading or special permit shall not be issued until all appeals are concluded. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Severability. The provisions of this ordinance are declared to be 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 circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 5. 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. 1 DATED and SIGNED this ,~°' day of~~~~-r2~V , 2007. INTRODUCED: MAR 5 200) PASSED: MAR 5 2007 APPROVED: ~ 2007 CITY O URN -~ J PETER B. LEWIS MAYOR Ordinance No. 6083 February 21, 2007 Page 2 ATTEST: n s Da~rielle E. Daskam, City Clerk TO FORPDI' Daniel B. Heid; City Attorney Published `~r~.~~z. ~, c Ordinance No. 6083 February 21, 2007 Page 2