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Home My WebLink About6393 ORDINANCE NO. 6 3 9 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, 1NASHINGTON AMENDING SECTIONS 19.02.115; 19.02.120, 19:02:130 AND 19.02.140 OF THE AUBURN CITY CODE RELATING TO SCHOOL IMPACTS FEES WHEREAS, the City of Au6um has adopted a school impact fee ordinance and collects school impact fees on behalf of certain school districts located or located in part within the City of Aubum; and . WHEREAS, the Aubum School District, Dieringer School District; Federal Way School District, and the Kent School District, each being located in paR within the Ciry of Aubum, have provided the City of Aubum with updated capital facilities plans to be considered during the City's 2011 annual comprehensive plan amendment process thaY addresses among other things, the appropriate school impact fee for single family residential dwellings and multi-famity residential dwellings for each disfict; and WHEREAS, the Aubum School District issued a Determination of Non- Significance for the 2011 - 2017 Aubum School District Capital Facilities Plan April 22, 2011; the Dieringer School District issued a Determination of Non- Significance for the 2012-2017 Dieringer School District Capital Facilities Plan July 8, 2011; the Federal Way School District issued a Deterrnination of Non-Sign�cance for the 2012 Federal Way School District Capital Facilities Plan April 23, 2011; and the Kent School District issued a Determination of Non-Significance for the 2011-2012 through 2016-2017 Kent School District Capital Facilities Plan June 7, 2011; and ------------------ Ordinance No. 6393 December 19, 2011 Page 1 of 7 WHEREAS the City of Aubum issued a Determination of Non-Significance (DNS) on October 3, 2011 for the City of Aubum Year 2011 ciry-initiated comprehensive plan map and text amendments (File No. SEP11-0021) that incorporated by reference the previous threshold determinations by the Aubum School, Dieringer School, District, Federal Way School District anii the Kent School District, and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Aubum Planning Commission on October 18, 2011 conducted public hearings on the proposed Aubum School District 2011-2U17 Capital Facilities Plan, the proposed Dieringer School District 2012 - 2017 Capital Facilities Plan; the proposed Federal Way School District 2012 Capital Facilities Plan; and for the proposed Kent School District 2011-2012 through 2016-2017 Capital Facilities Plan; and WHEREAS, following the conclusion of the public hearing on October 18, 2011, and subsequent deliberations, the Auburn Planning Commission, following individual positive motions, made separate recommendations to the Auburn City Council on the approval of the Aubum School Disfict 2011-2017 Capital Facilities Plan, the Dieringer School District 2012 - 2017 Capital Facilities Plan; the Federal Way School District 2012 Capital Facilities Plan; and for the Kent School District 2011-2012 through 2016-2017 Capital Facilities Plan; and WHEREAS, the Aubum City Council considered the recommendations of the Aubum Planning Commission at a.regularly scheduled meeting on December 5, 2011, and a positive motion approved tfie Auburn School District 2011-2017 Capital Facilities ------------------ Ordinance No. 6393 December 19;2011 Page 2 of 7 Plan, the Dieringer School District 2012 -2017 Capital Facilities Plan; the Federal Way School District 2012 CapRal Facilities Plan; and the Kent Schoof District 2011-2012 through 2016=2017 Capital Facilities Plan; and WHEREAS, on December 5, 201,1 the Public Works Committee of the Aubum � City Council at a regularly scheduled meeting reviewed the Planning Commission's recommendations; and WHEREAS, on Decem6er 12, 2011 the Planning and Community Development Committee of the Auburn City Council at a regularly scheduled meeting recommended to the Aubum City Council the approval of amendments to Title 19 Qmpact Fees) and more spec�cally, Chapter 19.02 (School Impact Fees) pertaining to school impact fees forsingle family residential dwelling units and multi-family dwelling units to be applied in the City of Auburn for the Aubum School District; Dieringer School District, Federal Way School District, and.the Kent School District; respectively, based on the aforementioned capital facilities plans for each of these districts; and WHEREAS, the Aubum City Code provides for adjustments to school impacts fees based on a review of the capifal facilities plans for the districts; and WHEREAS, Section 19.02.060 (Annual Council Review) of the Aubum City Code spec�es that the Aubum 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 facilfies plan and may decide to enact a fee less than the amount supported by the capital fa,cilities plan; and Orclinance No. 6393 December 19,2011 Page 3 of 7 VIIHEREAS, upon re4iew of area school impact fees, it is reasonable to set the school impact.fees for single family dwellings for the Aubum School District consistent with those for 4he Kent School District; and WhIEREAS, on December 19; 2011, the Aubum City Council considered the �ecommendation of the. Planning and Community Development Committee of the C'tty Council at a regularly scheduled meeting on December 12, 2011. NOW .THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to the City Code. Section 19.02:115 of the Aubum Ciry Code is hereby amended to read as follows. 19.02.115 Impact fee calculation and schedule for the Dieringer School District. The impact fee calculation and schedule below is based upon a review of the impact fee calculation for single-family residences and for muRifamily residences set forth in the most recent version of the Dieringer School Districf Capital Facilfies Plan adopted by the Aubum city council as an element of the Aubum comprehensive plan: The calculation is the determination of.the appropriate proportionate share of the costs of public school capital facilities needed to serve new growfh and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, � 2012, the school impact fee shall be as follows: Per Single-Family Dwelling Unit , _ 3 500.00 Per Multifamily Dwelling Unit $0.00 (Ord. 6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord, 6134 § 1, 2007; Ord. 6060 § 1, 20U6; Ord. 5950§ 2; 2005.) � 'Ordinance No. 6393 December:l9, 2011 � Page 4 of 7 Section 2. Amendment to the City Code. Section 19.02.120 of the Aubum City Gode is hereby amended to read as follows. 19.02.120 Impact fee calculation and schedule for the Aubum School District. The impact fee calculation and schedule is based upon a review of the impacY fee calculation for single-family residences and for multifamily residences set forth 'in the most recent version of the Aubum School DistricYs Capital Facilities Plan adopted by the Aubum city council as an element of the Aubum comprehensive plan, The calculation is the determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new growfli and development to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, �94-4 2012, the school impact fee shall be as follows: Per Single-Family Dwelling Unit , . ` 5 486.00 Per Multifamily Dwelling Unit $�;�� 2 305.22 (Ord. 6279 § 2, 2009; Ord. 6294 § 2, 2008; Ord. 6134 § 2, 2007; Ord. 6060 § 2, 2006; Ord. 5950 § 1, 2005; Ord. 5793 § 1, 2003; Ord. 5232 § 1, 1999.) Section 3. Amendment to the City Code. Section 19.02.130 is hereby amended as follows. 19.02.130 Impact fee calculation and schedule for the Kent School District. : The impact fee calculation and schedule is based upon a review of the impact fee and calculation for single-family residences and for multifamily residences set forth in the most reaent version of the Kent . School District's Capital facilities Plan adopted by the Aubum city council as an element of fhe Aubum 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. Ordinance No. 6393 December 19, 2011 Page 5`of7 EffectiVe January 1, � 2012, the school impact fee shall be as follows: Per Single-Family Dwelling Unit $5,486.00 Per Multifamily Dwelling Unit $3,378.00 (Ord. 6279 § 3, 2009; Ord. 6214 § 3, 2008; Ord. 6134 § 3, 2007; Ord. 6060 § 3, 2006; Ord. 5950 § 1, 2005; Ord. 5233 § 1, 1999.) Section 4. Amendment to the City Code. Section 19.02.140 of the Aubum City Code is hereby amended to read 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 and calculation for single-family residences and for mult'rfamity residences set forth in the most recent version of the Fetleral Way School District's Capital Facilities Plan adopted by the Aubum city council as an elemerrt of the Aubum comprehensive plan. The calculation is the determina4ion 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, � 2012, the school impact fee shall be as ' follows: Per Single-Family Dwelling Unit $4,014.00 Per Muftifamily Dwelling Unit Q','�o 1 253.Q0. (Ord. 6279 § 4, 2009; Ord. 6214 § 4, 2008; Ord. 6134 § 4, 2007; Ord. 6060 §4, 2006; Ord. 6042 § 1, 2006.) Section 5. Constitutionality and Invalidity. lf:any section, subsection sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or unconstitutional by any CouR of competent jurisdiction such portion shall be deemed a OrtJinance No. 6393 Deeember 19, 2011 Page 6 of 7 separate, distinct and independent provision, and such holding shall not affect the. validity of the remaining portions thereof. Section 6. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. Effective Date. This OMinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: DEC 1 9 2011 P �o: oEC 1 � zo» PP D: G 1 9 20fl . PETER B. LEWIS, MAYOR , ' ATTEST: �d��-% Danielle E. Daskam, City Clerk APP VED AS TO FORM: Daniel B. ' , ity Attorne Published: �S1L�^�`t/�-�-�?. J°i�..�--'�u� °G-°'T,ICc' �'^�-� Ordinance No. 6393 Decemberl9,2011 Page 7 of 7