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Home My WebLink About6542ORDINANCE NO. 6 5 4 2 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 IMPACTS 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 2014 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 2014 - 2020 Auburn School District Capital Facilities Plan May 19, 2014; the Dieringer School District issued a Determination of Non- Significance for the 2015-2020 Dieringer School District Capital Facilities Plan June 17, 2014; the Federal Way School District issued a Determination of Non -Significance for the 2015 Federal Way School District Capital Facilities Plan May 2, 2014; and the Kent School District issued a Determination of Non -Significance for the 2014-2015 through 2019-2020 Kent School District Capital Facilities Plan May 30, 2014; and Ordinance No. 6542 November 18, 2014 Page 1 of 7 WHEREAS the City of Auburn issued a Determination of Non -Significance (DNS) on September 16, 2014 for the City of Auburn Year 2014 city -initiated comprehensive plan map and text amendments (File No. SEP14-0011), 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 November 5, 2014 conducted public hearings on the proposed Auburn School District 2014-2020 Capital Facilities Plan, the proposed Dieringer School District 2015 - 2020 Capital Facilities Plan; the proposed Federal Way School District 2015 Capital Facilities Plan; and for the proposed Kent School District 2014-2015 through 2019-2020 Capital Facilities Plan; and WHEREAS, following the conclusion of the public hearing on November 5, 2014, 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 2014-2020 Capital Facilities Plan, the Dieringer School District 2015 - 2020 Capital Facilities Plan; the Federal Way School District 2015 Capital Facilities Plan; and for the Kent School District 2014-2015 through 2019-2020 Capital Facilities Plan; and WHEREAS, the Auburn City Council considered the recommendations of the Auburn Planning Commission at a regularly scheduled meeting on November 17, 2014, and a positive motion approved the Auburn School District 2014-2020 Capital Facilities Plan, the Dieringer School District 2015 - 2020 Capital Facilities Plan; the Federal Way ------------------ Ordinance No. 6542 November 18, 2014 Page 2 of 7 School District 2015 Capital Facilities Plan; and for the Kent School District 2014-2015 through 2019-2020 Capital Facilities; and WHEREAS, on November 17, 2014 the Public Works Committee of the Auburn City Council at a regularly scheduled meeting reviewed the Planning Commission's recommendations; and WHEREAS, on December 8, 2014 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 applicable school district capital facilities plan and may decide to enact a fee less than the amount supported by the capital facilities plan; and ------------------ Ordinance No. 6542 November 18, 2014 Page 3 of 7 WHEREAS, on December 15, 2014, 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 8, 2014. 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, 20142015, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single -Family Dwelling Unit $3,215:89 $3,270.00 Per Multifamily Dwelling Unit $1-;695-=00 $1,725.00 (Ord. 6445 § 1, 2013; 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.) Section 2. Amendment to the City Code. Section 19.02.120 of the Auburn City Code is hereby amended to read as follows. ------------------ Ordinance No. 6542 November 18, 2014 Page 4 of 7 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, 2-9442015, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single -Family Dwelling Unit $398-93 $4,137.21 Per Multifamily Dwelling Unit $3;3874 $3,518.17 (Ord. 6445 § 2, 2013; 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 of the Auburn City Code 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. 6542 November 18, 2014 Page 5 of 7 Effective January 1, 20142015, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single -Family Dwelling Unit $5,486.00 Per Multifamily Dwelling Unit $3,378.00 (Ord. 6445 § 3, 2013; 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, 28442015, or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single -Family Dwelling Unit $5,363.00$5,171.00 Per Multifamily Dwelling Unit $1,924.00 $1,834.00 (Ord. 6445 § 4, 2013; 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. 6542 November 18, 2014 Page 6 of 7 PCDC 08.25.14 Pg. 1 III.A. Ord 6524 -Submitted: Dan Heid ORDINANCE NO. 6 5 2 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW SECTION 2.06.070 OF THE CITY CODE RELATING TO THE STATUTORY CODE OF ETHICS WHEREAS, the current provisions of state law provide for the code of ethics for municipal officer, which code operates where cities may not have the civic codes of ethics; and WHEREAS, the city Council of the city of Auburn, Washington, does not currently have in its city code a specific code of ethics for municipal officers; and WHEREAS, it is appropriate for the city code to reflect operative terms with respect to the statutory code of ethics applicable to municipal officers, and any clarifications appropriate for the city. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. New Section to City Code. That a new section 2.06.070 of the city code be, and the same hereby is, created to read as follows: 2.06.070 Statutory code of ethics. The provisions of chapter 42.23 of the Revised Code of Washington [Code of ethics for municipal officers -- Contract interests] shall serve as the code of ethics for the city of Auburn unless and until a separate code of ethics is hereafter promulgated and adopted for the City. It is provided, however, that the provisions of this Section shall not prohibit the City from funding, or contributing to the funding for, an event, activity, or function at which public officials attend and/or in which they participate, even if "erg a value of S„^" attendanGe er , the city council finds that there is a corresponding benefit to the City to have its public officials attend or participate, and where the city council expressly approves funding, or the contribution towards funding thereof. 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, Ordinance No. 6524 'September 22, 2014 Page 1 of 2 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: PASSED: APPROVED: NANCY BACKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. 6524 'September 22, 2014 Page 2 of 2 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. ATTEST: DEC 12014 INTRODUCED: DEC 12014 PASSED: APPROVED: DEC ' 1 2014 ANCY B K , MAYOR LO�Q (n� Darnelle E. Daskam, City Clerk TO FORM: PublishedAs;, /-5S,iav -� -; 1/,`� -� 1-4"" ------------------ Ordinance No. 6542 November 18, 2014 Page 7 of 7