HomeMy WebLinkAbout6705ORDINANCE NO. 6 7 0 5
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON AMENDING
CHAPTER 12.64A OF THE AUBURN CITY CODE
RELATED TO PUBLIC RIGHT-OF-WAY
IMPROVEMENTS
WHEREAS, Chapter 12.64A of the Auburn City Code requires applicants
for development to construct public improvements; and
WHEREAS, the City Council finds that to apply the requirements of Chapter
12.64A to proposed developments in a fair and equitable way requires clarification
of the code; and
WHEREAS, the City Council wishes to clarify the guidelines used by the
City Engineer in determining whether a development makes a given public
improvement necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Chapter 12.64A of the Auburn
City Code is amended to read as shown in Exhibit A.
Section 2. Implementation, The Mayor is authorized to implement
those administrative procedures necessary to carry out the directives 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
Ordinance No. 6705
November 5, 2018
Page 1 of 2
of this ordinance to any person or circumstance will 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 will take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: NOV i n 29118
PASSED: NOV 19218
APPROVED: NOV 13 2013
Inv
:,•M-tMAYOR
t
ATTEST:
Shawn Campbell, MM, City Clerk
APPROVED AS TO FORM:
—A 4
Steven L. 6ross, City Attorney
Published: ak\o
Ordinance No. 6705
November 5, 2018
Page 2 of 2
Sections:
Chapter 12.64A
REQUIRED PUBLIC IMPROVEMENTS
12.64A.010
Purpose.
12.64A.020
Applicability of chapter.
12.64A.030
Requirements.
12.64A.040
Construction.
12.64A.050
Deferral and fee in lieu of improvements.
12.64A.060
Appeal and enforcement.
12.64A.010 Purpose
The purpose of this chapter is to:
A. Establish the city's authority to require an applicant for a building, grading and/or special permit to make
reasonable public street improvements andlor defer said improvements through an agreement process and/or
pay a fee in lieu of said those improvements;
B. Establish procedures to determine when applicants for building, grading and/or special permit applicants
shaA will be required to provide public improvements;
C. Establish criteria to be used to determine the nature, extent and location of required public improvements;
D. Promote the development of the city's transportation infrastructure in conformance with the city's
comprehensive plan and design standards, in such -manner- s Lqef to avoid public harm or the creation of
nuisance situations. (Ord. 6083 § 2, 2007.)
12.64A 020 ApphcafZiity of chapter.
It Shall be R 9ARdit OR Aany building, grading andlor special permit meeting one or more of the following
criteria will include a requirement that the permittee construct or otherwise provide
public right-of-way improvements as sagaftlueguired in ACC 12.64A.030.
A. Four residential dwelling units or less, and ''
the estimated meted lue a the proposed structural
improvements add 1 or more units
existing s#wstare(s) on the subject property. For the purposes of this condition an accessory dwelling unit
(ADU) is not considered a unit; or
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B. Commercial development, industrial development, or residential development with more than four dwelling
units, aPA-when the ast FRated valug of the proposed structural improvements add 1 or more units and increase
the net building square footage of the
existing structure(s) on the subject property; or
C Commercial development industrial development or residential development with more than four dwelling
units where no additional units are being added and when the proposed imorovements increase net building
square footage on the subject property by 10% or 1000 square feet, whichever is lower: or
D. Drive—through service is added on the subiect Property: or
E A standalone parking lot is added on the subiect property. For the purposes of this condition, a standalone
parking lot is a parking lot that is not designated to meet parking requirements of a building or other
improvement located on the same parcel; or
F8. A change in use on the subject property that results in an increase in the required number of parking stalls
ty f€ive or mor ; or
E. Vehicular or non -motorized access from the subiect property to a public right-of-way, either directly or
through a private road easement or tract is created, modified, or relocated. This requirement does not apply
to a relocation or modification of an access used for only a single-family residence if the access change
connects to the same public right-of-way. The City Engineer may waive this requirement in circumstances
where the City Engineer determines that the access is being modified to address safety deficiencies associated
with the existing access. A new access peint te a publiG GIFBet will be GFeated. (Ord. 6083 § 2, 2007.)
12.64A.030 ............. ....................................... — .......................... ... ........ .. ...... ............_....... ...............
The permitted actions set forth in ACC 12.64.A.020 trigger the reouirement of the following oublic
jmorovements to each public street frontage with vehicular or non -motorized access:
A. paved roadway
B. sidewalks
C. curb and gutter
D. street landscaping
E. street lighting and conduit
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F. storm drainage
G. dedication of public right of way
H. conduit for City communication systems
The city engineer will determine whether one or more of the following public right-of-way improvements are
needed to mitigate the impacts of a permitted action set forth in ACC 12.64.A.020:
A. Additional street lighting
B. Additional storm drainage systems
C. Traffic control and other safety systems including. but not limited to, roadway channelization, signage,
non -motorized safety . and traffic calming
D. Dedication of public right-of-way on public street frontages without vehicular or non -motorized access
-e -. :• a :.: , e - ,. .:. e:
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12.64A.040 Construction.
Unless a deferral anAFor fee in lieu of improvements is granted per --under ACC 12.64A.050, applicants for a
building, grading andior special permit shall -will construct said improvements in conformance with the public
facility extension requirements of Chapter 13_40 ACC. (Ord. 6083 § 2, 2007.)
12.64A.060 Deferral and fee in lieu of improvements
. ....... _... ._._.__ .. ..............
A. The city engineer may grant a deferral andlor payment of fee in lieu of improvements for some or all of the
improvements required pursuant-underte this chapter upon receipt of a written request from the applicant, or
may require a deferral andlor payment of fee in lieu of improvements for some or all of the required
improvements pFevided, Dedication of necessary right-of-way may not be deferred or satisfied through
payment of a fee in lieu. The city engineer's decision regarding deferral or payment of a fee in lieu sha8-will
take into account the best iRtAFAME Af the G ty and, among other considerations, the following criteria:
1. Proximity to or lack of similar improvements7or asktfaereet, _within the roadway corridor;
2. Continuity of infrastructure improvements within the public right-of-way;
3. Pending projects programmed within the corridor that may impact the street frontage of the
subject property;
4. Safety considerations;
5. Traffic volumes and travel patterns;
6. Storm drainage needs;
7. Input from the police; parks, arts, and recreation; planning andcommunity development
department; information services; and the local fire authority.
B. For those improvements either deferred or for which a fee in lieu is paid, the applicant shag -will be required
to:
1. Execute and record an agreement not to protest the formation of a future local improvement
district (LID) formed for the construction of such -those improvements; and
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2. Execute and record an agreement to defer the completion of the required improvements by
the applicant until sash4ime asthe city determines the improvements are needed; or
3. Pay a fee in lieu of improvements based on the city's estimated costs to complete the
required improvements. The city s4a4-will have the discretion to require payment of a fee in lieu
of improvements rather thasinstead of the execution and recording of deferral agreements
when, Iided; thaF-the street improvements are part of an identified project in the city's six-
year transportation improvement program or other documentation, and the funds can
immediately be i4tiN used for design aad/or construction efforts, or to leverage additional
grant funding for the project; or
4. Execute a combination of a deferral and payment of a fee in lieu of improvements; provided,
as long as the applicant's combined obligation does not exceed the extent of the total
requirements for euoh-those improvements.
C. The applicant has the right under state law to protest the applicant's assessment for any susf}LID at the
time of the final assessment roll public hearing.
D. For those improvements that are deferred, the design standards and construction standards in place at the
time of improvements shall will be applied. (Ord. 6287 § 2, 2010; Ord. 6112 § 2, 2007; Ord. 6083 § 2, 2007.)
12.64A.060 Appeal and enforce .......
A. Appeals of determinations by the city engineer made pursuant to this chapter shall must be filed with the
city's public works director within 20 working days after the final city engineer decision is issued. The public
works director shall -will have 15 working days to review the appeal, decide whether to uphold or modify the city
engineer's decision, and notify the applicant of such decision.
B. Appeals of decisions of the public works director made pursuant to this chapter shall -will be filed with the
public works department within 20 working days after the date of the notice of the public works director's
decision. Appeals shall -will be heard by the city's hearing examiner pursuant to Chapter 2.46 ACC. Decisions
of the hearing examiner shat -will be based on whether the decision being appealed was consistent with
applicable state law and city codes.
C. Appeals of decisions of the hearing examiner under this chapter shal!-will be final unless appealed to the
superior court of the county in which the proposed public improvements are located within the city of Auburn.
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The, w4 ch appeal must be filed under witk�the procedures in RCW 34.05.510 through
34.05.598. ; ^ ^ '� as. �,a., "^"The notice of appeal of the hearing examiner's decision shall -will be filed with the
city clerk within 30 days after issuance of the decision of the hearing examiner.
D. When appealing a determination under this chapter, at any stage of appeal, the applicant/appellant must
indicate if the appeal pertains to:
1. The determination of the required improvements in the public right-of-way;
2. The determination to require or deny a deferral of said improvements; and/or
3. The determination to require the payment of a fee in lieu for a deferral instead of an executed
and recorded agreement.
E. The associated building, grading or special permit shat✓ -will not be issued until all appeals are concluded.
(Ord. 6442 § 7, 2012; Ord. 6182 § 2, 2008; Ord. 6083 § 2, 2007.)
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