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HomeMy WebLinkAbout6279 ORDINANCE NO. 6 2 7 9 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 IMPACT FEES WHEREAS, the City of Auburn has adopted a school impact fee ordinance and collects school impact fees on behalf of certain school districts; and WHEREAS, the Auburn School District, Kent School District, Dieringer School District and Federal Way School District provided the City of Auburn with updated capital facilities plans to be considered during the City's annual comprehensive plan amendment process that address among other. things the appropriate school impact fee for single-family residential development and multi- family development for each District; and WHEREAS, the Auburn School District issued a Determination of Non- Significance for the 2009-2015 Auburn School District Capital Facilities Plan in April 2009; the Federal Way School District issued a Determination of Non- Significance for the 2010-2015 Federal Way School District Capital Facilities Plan in May 2009 and the Kent School District issued a Determination of Non- Significance for the 2009-2010 to 2014-2015 Kent School District Capital Facilities Plan in June 2009; and WHEREAS, the City of Auburn issued a Determination of Non= Significance on August 6, 2009 for the City of Auburn Year 2009 City Initiated Comprehensive Map and Policy/Text Amendments that incorporated by reference the previous threshold determinations by the Auburn School District, Ordinance No. 6279 December 15, 2009 Page 1 of 6 the Federal Way School District and the Kent School District, and that further analyzed the capital facilities plan proposal from the Dieringer School District.; and WHEREAS, the Auburn Planning Commission conducted public hearings on September 9, 2009 for the 2009-2015 Auburn School District Capital Facilities Plan; 2010-2015 Dieringer School District Capital Facilities Plan; 2010-2015 Federal Way School District Capital Facilities Plan; and 2009-2010 to 2014-2015 Kent School District Capital Facilities Plan; and WHEREAS, following the conclusions of the public hearings on September 9, 2009 and subsequent deliberations,. the Auburn Planning Commission, following individual positive motions, made separate recommendations to the Auburn City Council recommending the approval of the 2009-2015 Auburn School District Capital Facilities Plan; the 2010-2015 Dieringer School District Capital Facilities Plan; the 2010-2015 Federal Way School District Capital Facilities Plan; and, the 2009-2010 to 2014-2015 Kent School District Capital Facilities Plan; and WHEREAS, the Auburn City Council considered the recommendations of the Auburn Planning Commission at a regularly scheduled meeting on December 7, 2009 and on a positive motion action approved the 2009-2015 Auburn School District Capital Facilities Plan; the 2010-2015 Dieringer School District Capital - Facilities Plan; the 2010-2015 Federal Way School District Capital Facilities Plan; and, the 2009-2010 to 2014-2015 Kent School District Capital Facilities Plan; and Ordinance No. 6279 December 15, 2009 Page 2 of 6 WHEREAS, the City of Auburn Planning and Community Development Committee at a regularly scheduled meeting on December 14, 2009 recommended to the Auburn City Council the approval of 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 residential dwelling units to be.applied in the City of Auburn for the . Auburn School District, Dieringer School District, Federal Way School District and Kent School District, respectively, based on the aforementioned capital facilities plans for each of these Districts; and WHEREAS, the Auburn City Code provides for adjustments to school impacts fees based on a review of the capital facilities plans; and WHEREAS, Section 19.02.060 (Annual Council Review) of the Auburn City Code specifies that the Auburn City Council will in making its decision to adjust impact fees take into consideration the quality and completeness of the information provided in the applicable school district capital facilities plan and may decide to enact a fee less than the amount supported by the capital facilities plan; and WHEREAS, the Auburn City Council considered the recommendation of the Planning and Community Development Committee at a regularly scheduled meeting on December 21, 2009. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 6279 December 15, 2009 Page 3 of 6 ' Section 1. Amendment to the Citv Code. Section 19.02.115 is hereby amended as follows. 19.02.115 Impact fee calculation and schedule for the Dieringer School District. The impact fee calculafiion 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 proportionate share of the costs of public school capital facilities needed to serve new growth and the development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 20892010, the school impact fee shall be as follows: Per Single-Family Dwelling Unit $3,509:00 3 005.00 Per Multifamily Dwelling Unit $--9:AA 205.00 Section 2. Amendment to the Citv Code. Section 19.02.120 is hereby amended 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 residences set forth in the most recent version of the Auburn School District's 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 growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 20092010 the school impact fee shall be as follows: Per single-Family Dwelling Unit $5,374.64 5 432.70 Per Multifamily Dwelling Unit $--8'= 1 184.71 Section 3. Amendment to the Citv Code. Section 19.02.130 is hereby amended as follows: 19.02.130 Impact fee calculation and schedule for the Kent School District. Ordinance No. 6279 ' December 15, 2009 Page 4 of 6 The impact fee calculation and schedule 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 Kent School District's 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 growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 29992010 the school impact fee shall be as follows: Per single-Family Dwelling Unit $5,304:00 5 394.00 Per Multifamily Dwelling Unit $3,266.90 3 322.00 Section 4. Amendment to the Citv Code. Section 19.02.130 is hereby amended 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 calculation for single-family residences and for multifamily residences set forth in the most recent version of the Federal Way School District's 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 growth and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 20092010 the school impact fee shall be as follows: Per single-Family Dwelling Unit $4;917.00 3 832.00 Per Multifamily Dwelling Unit $-1,733.-99 2 114.00. Section 5. Constitutionalitv and Invaliditv. 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. Ordinance No. 6279 December 15, 2009 Page 5 of 6 Section 6. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carryout the directions of this legislation. Section 7. Effective Date. This Ordinance shall take effect and be in force five days after publication as required by law and on January 1, 2010. INTRODUCED: DEC 212009 PASSED: DEC ~212009 APPROVED: DEC 21 2009 ~ _J ~ Peter B. Lewis MAYOR - ATTEST: ~ Danielle E. Daskam, City Clerk APPROVED AS A FORM: D iel B. eid, City Attorney Published: ~-ZGYJI Ordinance No. 6279 December 15, 2009 Page 6 of 6