The URL can be used to link to this page

Home My WebLink About6526 ORDINANCE NO. 6 5 2 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 19.04.070 OF THE AUBURN CITY CODE RELATING TO TRAFFIC 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. 550fi entitled, "The City of Aubum 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 fhat 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' sfates fhat 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. 6526 July 25, 2014 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 Oriiinance 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 addi4ional two year period, to June 30, 2010; and WHEREAB, 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, on May 21, 2012, the City Council approved Ordinance No. 6412 extending the sunset date for the 'Downtown Catalyst Area' for an additional two year period, to June 30, 2014; and WHEREAS, the City Council desires to continue the exempfion of traffic impact fee.s for the 'Downtown Catalyst Area' even though the exemption has sunset; and WHEREAS, RCW 82.02.060 (2) states that local ordinances by which impact fees are imposed may provide an exemption for development activities --------------------=--------- Ordinance No. 6526 July 25, 2b14 Page 2 of 5 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. 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 fhe Auburn City Code, entifled 'Exemptions,' regarding transportafion impact fee exemptions, is hereby amended to read as follows: 19.04.070 Exemptions. A. The following shall be exempted from 4he 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 structu�e. 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 ezpand 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 fhe 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. --=--=-----------=--�--�-� Ordinance No. 6526 July 25, 2014 Page 3 of 5 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 "downfown catalyst area'' as defined in ACC 19.04.020(FF); provided, that this exemption shall sunset on�A December 31, �9�42016, 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 eicemption shall sunset on December 31, 2008, unless o4herwise 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 directjons of this legislation. Section 3. Severabilitv. 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 fhe application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of ifs 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: AUG -4 Z014 PASSED: AUG -4 2014 APPROVED: AUG -4 2014 � --------- Ordinance No. 6526 July 25, 2014 Page 4 of 5 CITY OF AUBURN Y N N Y BACKUS MAYOR ATTEST: /�G?�dc�r�/ Danielle E. Daskam, City Clerk APPRO D A TO FORM: Da ' B. Hei , Ci tt ney Published:��i�C. .,�c�xl��<'r^- �"{,.`°'7�" 7d°�S� d --------- -�--.. Ordinance No. 6526 July 25, 2014 Page 5 of 5