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HomeMy WebLinkAbout6178ORDINANCE NO. 6 1 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 19.04.070 OF THE AUBURN CITY CODE, RELATING TO TRANSPORTATION IMPACT FEES 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 No. 5506 entitled, "The City of Auburn Transportation Impact Fee Ordinance"; and WHEREAS, Ordinance No. 5506 established a transportation impact fee system for the City of Auburn; and WHEREAS, Resolution No. 4103 implemented a new fee structure for the traffic impact fee system for the City of Auburn; and 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 a 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, on December 18, 2006 the Auburn City Council of the City of Auburn approved Ordinance No. 6068 extending the sunset date for an additional six month period to June 30, 2007; and WHEREAS, on May 7, 2007 the Auburn City Council of the City of Auburn approved Ordinance No. 6089 extending the sunset date for the "Downtown Catalyst Area" an additional one year period to June 30, 2008; and ----------------- Ordinance No. 6178 May 7, 2008 Page 1 of 3 WHEREAS, the City Council finds that there is value in continuing the traffic impact fee waiver for a portion of the Auburn Downtown Plan area; and 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 are paid from public funds other than impact fee accounts; and WHEREAS, the City Council has found that promoting economic development in the "Downtown Catalyst Area" is beneficial to the City and serves a broad public purpose. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One AMENDMENT TO CITY • CODE. That Section 19.04.070 of the Auburn City Code, entitled "Exemptions," regarding transportation impact fee exemptions, is hereby amended to read as follows: 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 12 months of the demolition or destruction of the prior structure. 2. Alterations, expansion, enlargement, remodeling, 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 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 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(1); provided, that this exemption shall sunset on June 30, 2007, unless otherwise extended by the city council. 9. All development activity within the "downtown catalyst area" as defined in ACC 19.04.020(FF); provided, that this exemption shall sunset on June 30, 20982010, unless otherwise extended by the city council. ----------------- Ordinance No. 6178 May 7, 2008 Page 2 of 3 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. 6089 § 2, 2007; Ord. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Section Two Constitutionality or Invalidity. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. Section Three Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section Four 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. INTRODUCED PASSED: YAY I 'l 7008 MAY 19 ?t0 APPROVED: MAY iq_ 2009 PETER B. LEWIS ATTEST: MAYOR a Dana le E. Daskam, City Clerk APPROVED AS TO FORM: D el B. Hei ity Attorney PUBLISH: J.?-' (- Zze-") k ----------------- Ordinance No. 6178 May 7, 2008 Page 3 of 3