HomeMy WebLinkAbout6445 ORDINANCE NO 6 4 4 5
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 located or located in part
within the City of Auburn; and
WHEREAS, the Auburn School District, Dieringer School District, Federal Way
School District, and the Kent School District, each being located in part within the City of
Auburn, have provided the City of Auburn with updated capital facilities plans to be
considered during the City's 2012 annual comprehensive plan amendment process that
addresses among other things, the appropriate school impact fee for single family
residential dwellings and multi- family residential dwellings for each district; and
WHEREAS, the Auburn School District issued a Determination of Non-
Significance for the 2012 - 2018 Auburn School District Capital Facilities Plan May 8,
2012; the Dieringer School District issued a Determination of Non- Significance for the
2013-2018 Dieringer School District Capital Facilities Plan March 12, 2012, the Federal
Way School District issued a Determination of Non-Significance for the 2013 Federal
Way School District Capital Facilities Plan May 11, 2012; and the Kent School District
issued a Determination of Non-Significance for the 2012-2013 through 2017-2018 Kent
School District Capital Facilities Plan May 29, 2012, and
- - - - - - - - - - - - - - - - - -
Ordinance No. 6445
November 28, 2012
Page 1 of 7
WHEREAS the City of Auburn issued a Determination of Non-Significance (DNS)
on September 10, 2012 for the City of Auburn Year 2012 city-initiated comprehensive
plan map and text amendments (File No SEP12-0023) that incorporated by reference
the previous threshold determinations by the Auburn School, Dieringer School District,
Federal Way School District and 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 Auburn Planning Commission on October
16, 2012 conducted public hearings on the proposed Auburn School District 2012-2018
Capital Facilities Plan, the proposed Dieringer School District 2013 - 2018 Capital
Facilities Plan; the proposed Federal Way School District 2013 Capital Facilities Plan;
and for the proposed Kent School District 2012-2013 through 2017-2018 Capital
Facilities Plan, and
WHEREAS, following the conclusion of the public hearing on October 16, 2012,
and subsequent deliberations, the Auburn Planning Commission, following individual
positive motions, made separate recommendations to the Auburn City Council on the
approval of the Auburn School District 2012-2018 Capital Facilities Plan, the Dieringer
School District 2013 - 2018 Capital Facilities Plan; the Federal Way School District 2013
Capital Facilities Plan, and for the Kent School District 2012-2013 through 2017-2018
Capital Facilities Plan; and
WHEREAS, the Auburn City Council considered the recommendations of the
Auburn Planning Commission at a regularly scheduled meeting on December 17, 2012,
and a positive motion approved the Auburn School District 2012-2018 Capital Facilities
- - - - - - - - - - - - - - - - - -
Ordinance No 6445
November 28, 2012
Page 2 of 7
Plan, the Dieringer School District 2013 - 2018 Capital Facilities Plan, the Federal Way
School District 2013 Capital Facilities Plan; and the Kent School District 2012-2013
through 2017-2018 Capital Facilities Plan, and
WHEREAS, on December 17, 2012 the Public Works Committee of the Auburn
City Council at a regularly scheduled meeting reviewed the Planning Commission's
recommendations; and
WHEREAS, on December 17, 2012 the Finance Committee of the Auburn City
Council at a regularly scheduled meeting reviewed the Planning Commission's
recommendations, and
WHEREAS, on December 10, 2012 the Planning and Community Development
Committee of the Auburn City Council at a regularly scheduled meeting 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 dwelling units to be applied in
the City of Auburn for the Auburn 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 Auburn City Code provides for adjustments to school impacts
fees based on a review of the capital facilities plans for the districts; 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
- - - - - - - - - - - - - - - - - -
Ordinance No. 6445
November 28, 2012
Page 3 of 7
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, on December 17, 2012, the Auburn City Council considered the
recommendation of the Planning and Community Development Committee of the City
Council at a regularly scheduled meeting on December 10, 2012.
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 Auburn City
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 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 development to
be funded by school impact fees based on the factors defined in ACC
19 02.020
Effective January 1, 2-n2013 or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows.
Per Single-Family Dwelling Unit $390-093,005.00
Per Multifamily Dwelling Unit $000
(Ord 6393 § 1, 2011, Ord 6341 § 2, 2011, Ord. 6340 § 1, 2010; Ord.
6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord. 6134 § 1, 2007, Ord. 6060 § 1,
2006, Ord. 5950 § 2, 2005 )
- - - - - - - - - - - - - - - - - -
Ordinance No. 6445
November 28, 2012
Page 4 of 7
Section 2. Amendment to the City Code. Section 19 02.120 of the Auburn City
Code is hereby amended to read 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, 281- 2013 or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $5;486-98 5 511.69
Per Multifamily Dwelling Unit $222 3 380.26
(Ord. 6393 § 2, 2011, Ord 6341 § 2, 2011, Ord. 6340 § 2, 2010; Ord.
6279 § 2, 2009; Ord 6214 § 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 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
- - - - - - - - - - - - - - - - - -
Ordinance No 6445
November 28, 2012
Page 5 of 7
Effective January 1, 2012 2013 or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $5,48600
Per Multifamily Dwelling Unit $3,378.00
Ord. 6393 § 3, 2011, Ord. 6341 § 2, 2011, Ord 6340 § 3, 2010; 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 Auburn 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 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, 201-2-2013 or the effective date of this ordinance
whichever is later, the school impact fee shall be as follows:
Per Single-Family Dwelling Unit $4,014 00
Per Multifamily Dwelling Unit $1,253. )G 1 381.00
(Ord. 6393 § 4, 2011, Ord. 6341 § 2, 2011, Ord 6340 § 4, 2010; 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 If any section, subsection sentence,
clause, phrase or portion of this Ordinance, is for any reason held invalid or
- - - - - - - - - - - - - - - - - -
Ordinance No 6445
November 28, 2012
Page 6 of 7
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 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 Ordinance shall take effect and be in force five
days from and after its passage, approval and publication as provided by law
INTRODUCED- DEC 17 2012
PASSED- DEC 17, 2012
APPRO DE'C 17 2041
PETER B E IS, MAYOR
ATTEST
Da'nielle E. Daskam, City Clerk
APPROVED AS TO FORM:
niel B. id, City Attorn y
- - - - - - - - - - - - - - - - - -
Ordinance No 6445
November 28, 2012
Page 7 of 7