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Home My WebLink AboutITEM V-C Memorandum TO: Planning and Community Development Committee Mayor Peter Lewis FROM: Kevin Snyder, AICP, Interim Director, Planning & Development Department DATE: April 20, 2010 SUBJECT: DISCUSSION: Potential Extension of Traffic Impact Exemption for Downtown Catalyst Area On May 21, 2001, the City Council adopted the Downtown Plan that included policies and implementation strategies intended to foster, enhance and promote the livability and economic vitality of the Auburn Downtown Business District. Policy 6-2 of the Auburn Downtown Plan specified that if the City adopted 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 elected to extend it. 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. The City Council approved Ordinance No. 5506 on April 2, 2001 establishing a traffic impact fee ordinance system for the City. On May 7, 2007, the City Council approved Ordinance No. 6089 establishing Section 19.04.070 (A.9) of the Auburn City Code creating a ‘Downtown Catalyst Area’ exemption for the imposition and collection of traffic impact fees within this Area. A provision to this exemption was that it would sunset on June 30, 2008, unless otherwise extended by the City Council. Section 19.04.020 (FF) of the Auburn City Code defines the ‘Downtown Catalyst Area’ as the Area defined by (1) the boundary of West Main Street/East Main Street to the north, "A" Street SE to the east, 2nd Street SE/2nd Street SW to the south, and "A" Street SW to the west; and (2) the boundary of East Main Street to the south, Auburn Avenue to the east, 1st Street NE to the north, and North Division Street to the west. On May 19, 2008, the City Council approved Ordinance No. 6178 extending the traffic impact fee exemption sunset date for the ‘Downtown Catalyst Area’ an additional two years to June 30, 2010. The City Council’s previous approvals of the traffic impact fee exemption for the ‘Downtown Catalyst Area’ was based on its determination that that promoting economic development in this Area is beneficial to the City and serves a broad public purpose. Staff seeks Committee input on the possible extension of the traffic impact fee exemption for the ‘Downtown Catalyst Area’ for an additional two year period expiring on June 30, 2012, unless extended by the City Council. Attachment: Draft Ordinance for Traffic Impact Fee Exemption Extension for ‘Downtown Catalyst Area’ ORDINANCE NO. ? ? ? ? AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 19.04.070.A.9 OF THE AUBURN CITY CODE 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 Ordinance No. 5549 approving 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 Ordinance No. ? ? ? ? DATE Page 1 of 5 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 the exemption for the Downtown Plan Area 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 establishing Section 19.04.070 (A.9) creating an ‘Downtown Catalyst Area’ as defined in Section 19.04.020 (FF) of the Auburn City Code with the provision that this exemption would sunset on June 30, 2008, unless otherwise extended by the City Council; and, WHEREAS, on May 19, 2008, the Auburn City Council of the City of Auburn approved Ordinance No. 6178 extending the sunset date for the ‘Downtown Catalyst Area’ an additional two year period to June 30, 2010; 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 finds that there is value in continuing the traffic impact fee waiver for a portion of the Auburn Downtown Plan area; and, Ordinance No. ? ? ? ? DATE Page 2 of 5 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 1.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(I); 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, 2010 2012, unless otherwise extended by the city council. 10. Fifty percent of all development activity within the "downtown catalyst accessory area" as defined in ACC 19.04.020(GG), to the effect that the exemption provided hereby shall be for 50 percent of the applicable Ordinance No. ? ? ? ? DATE Page 3 of 5 transportation impact fees; provided, that this exemption shall sunset on December 31, 2008, unless otherwise extended by the city council. 11. All development activity within the "emergency public interest area" as defined in ACC 19.04.020(HH); provided, that this exemption shall sunset on December 31, 2008, unless otherwise extended by the city council. Section 2.Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3.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 4.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, and the changes to the Auburn City Code set forth herein shall take effect on MONTH/YEAR, 2010. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR Ordinance No. ? ? ? ? DATE Page 4 of 5 ATTEST: _________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: _________________________ Daniel B. Heid, City Attorney Published: _________________ Ordinance No. ? ? ? ? DATE Page 5 of 5