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Home My WebLink About6412ORDINANCE NO. 6 4 1 2 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 FEE EXEMPTIONS WHEREAS, the City of Auburn is authorized by Chapter 82.02 RCW to require new growth and development within the City 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 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; and WHEREAS, Resolution No. 4103 implemented a new fee structure for the traffic impact fee system for the City; and WHEREAS, on May 21, 2001, the City Council 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 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 Ordinance No. 6412 May 16, 2012 Page 1 of 5 WHEREAS, on December 18, 2006, the City Council approved Ordinance No. 6068 extending the sunset date for the exemption for the Downtown Plan Area for an additional six month period to June 30, 2007; and WHEREAS, on May 7, 2007, the City Council 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 City Council approved Ordinance No. 6178 extending the sunset date for the `Downtown Catalyst Area' for an additional two year period, to June 30, 2010; and WHEREAS, on May 17, 2010, the City Council approved Ordinance No. 6308 extending the sunset date for the `Downtown Catalyst Area' for an additional two year period, to June 30, 2012; 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 Council finds that there is value in continuing the traffic impact fee waiver for a portion of the Auburn Downtown Plan area; and WHEREAS, the Council has found that promoting economic development in the `Downtown Catalyst Area' is beneficial to the City and serves a broad public purpose. Ordinance No. 6412 May 16, 2012 Page 2 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to Citv 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, �2014, 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 transportation impact fees; provided, that this exemption shall sunset on December 31, 2008, unless othen�vise 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. Ordinance No. 6412 May 16, 2012 Page 3 of 5 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. 6341 § 3, 2011; Ord. 6308 § 1, 2010; Ord. 6199 § 2, 2008; Ord. 6197 § 2, 2008; Ord. 6178 § 1, 2008; Ord. 6089 § 2, 2007; Ord. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) 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. INTRODUCED: MAY 21 201P PASSED: MAY 21 2012 APPROVED: MAY � � ?012 • � .� . �� — ► — _� . . . . �. ATTEST: � Danielle E. Daskam, City Clerk Ordinance No. 6412 May 16, 2012 Page 4 of 5 APPROVED AS T� FORM: Dani�f'�. Heid,`City A�torney Published: �%��v�1 �_T,�i/L��,f�.c��'.�.�-,�dv/.�� Ordinance No. 6412 May 16, 2012 Page 5 of 5