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Home My WebLink AboutITEM VIII-A-3AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject Date: Downtown Traffic Im act Fee Exem tion December 12, 2006 Department: Planning, Building Attachments: Ordinance No. 6068 Budget Impact: N/A and Communit and ma . Administrative Recommendation: City Council introduce and adopt Ordinance No. 6068. Background Summary: In 2001, the City Council approved Ordinance No. 5604 which exempted development activity within the "Downtown Plan Area", as defined in Auburn City Code (ACC) Section 19.04.020(1), from paying traffic impact fees. A sunset date of December 31, 2006 was established as part of the ordinance. ACC Section 19.04.070(A)(8) allows City Council to extend that date. The attached ordinance establishes a six month extension of the traffic impact fee exemption with a revised sunset date of June 30, 2007. The Auburn Downtown Plan was adopted by City Council May 21, 2001 (Ordinance No. 5549) and includes policy support for the traffic impact fee exemption as follows, "Goal 6 - To provide public funding to assist in financing transportation projects in Downtown. • Policy 6-2 states that if the City adopts a traffic impact 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 City Council elects to extend it." On December 11, 2006 staff discussed the traffic impact fee exemption with the Public Works (PWC) and Planning and Community Development (PCDC) committees. Staff recommended the creation of a separate downtown zone for traffic impact fees. This zone would have its own projects and fee structure. In order for this downtown zone to be created, further analysis and study is needed. Ordinance No. 6068 would provide for a six month extension of the existing traffic impact fee exemption. This six month extension will allow staff the time to study a separate downtown traffic impact fee zone and bring back to the committees detailed information on the proposal. PWC and PCDC concurred with staff's recommendation. L1218-1 03.4.1.1 Rev ie wed by Council & Committees: Reviewed by Departmen ts & Divisions: Arts Commission COUNCIL COMMITTEE ^ Bu ilding ^ M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Services Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Action: Committee Approval: ^Yes ^No Council Approval: ^Yes ^No Call for Public Hearing _/_/_ Referred to Until _/_/_ Tabled Until _/_/_ Councilmember: Norman Staff: Davolio Meeting Date: December 18, 2006 Item Number: VIII.A.3 A~$U~ M(7RE THAR1 YCUU IMAC:~INED ORDINANCE N0.6068 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING SECTION 19.04.070 OF THE AUBURN CITY CODE RELATED TO TRANSPORTATION IMPACT FEES BY AMENDING OF THE AUBURN CITY CODE "EXEMPTIONS" TO PROVIDE FOR AN EXEMPTION FROM THE. PAYMENT OF TRANSPORTATION IMPACT FEES FOR DEVELOPMENT ACTIVITY IN THE DOWNTOWN PLAN AREA WHICH EXEMPTION SHALL HAVE A SUNSET DATE OF JUNE 30, 2007 WHEREAS, the City of Auburn is authorized by Chapter 82.02 RCW, to require new growth and development within the City of Auburn 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 of the City of Auburn 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 of Auburn; and, WHEREAS, Resolution No. 4103 implemented a new fee structure for the traffic impact fee system for the City of Auburn; and, WHEREAS, on May 21, 2001 the City Council of the City of Auburn adopted 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 Ordinance No. 6068 December 12, 2006 Page 1 WHEREAS, Auburn Downtown Plan Policy 6-2 "Traffic Impact- Fees" states that if the City adopts an 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 WHEREAS, Auburn Downtown Plan Policy 6-2 states that the waiver should be predicated on all policies contained under Goals 5 and 6 of the "Downtown Plan"; and WHEREAS, Auburn Downtown Plan Goals 5 and 6 and related policies note that considerable public investment in road projects has already been expended in the Downtown area, that. other funding sources beyond impact fees will be sought for transportation improvements in the downtown, and the overall LOS in Downtown Auburn can be reduced to an average LOS of "E," except along the corridors of Auburn Way, Auburn Avenue/A Street SE, and C Street NW, which must be maintained at the current City of Auburn LOS standard,; 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 is paid from. public funds other than impact fee accounts; and Ordinance No. 6068 December 12, 2006 Page 2 WHEREAS, the development of vibrant and healthy downtowns served by multi-modal transportation facilities such as commuter rail and other forms of public transit is a broad public purpose consistent with the regional vision and strategies set forth in Destination 2030, the King County Countywide Planning Policies, and the City of Auburn Comprehensive Plan; and WHEREAS, the City Council of the City of Auburn desires to implement Policy 6-2 of the Auburn Downtown Plan related to waiving impact fees; and WHEREAS, after due consideration the City Council finds that the appropriate manner to implement Policy 6-2 is by exempting the Downtown Plan Area from the City's standard transportation impact fee; WHEREAS, the city will make provisions so that the impact fees from such development activity in the exemption area is paid for from public funds other than impact fee accounts in accordance with RCW 82.02.060 (2); and, WHEREAS, the on December 17, 2001 the City Council approved Ordinance 5604 exempting development activity within the "Downtown Plan Area" with a sunset date of December 31, 2006. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance No. 6068 December 12, 2006 Page 3 Section 1 AMENDMENT TO CITY CODE. That Section 19.04.070 of the Auburn City Code entitled "Transportation Impact Fees" is hereby amended 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 twelve (12) months of the demolition or destruction of the prior structure. 2. Alterations or expansion or enlargement or remodeling or 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 non-residential 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 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 19.04.020 I., provided that this exemption shall sunset on n°°-~;m X996 June 30, 2007, unless otherwise extended by the City Council. 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, 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Section 2. If any provision of this Ordinance or its application to any person or circumstances is held invalid, the remainder of this Ordinance or the Ordinance No. 6068 December 12, 2006 Page 4 application of the provision to other persons or circumstances shall not be affected. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: PASSED: APPROVED: ATTEST: Danielle E. Daskam, City Clerk APHf20a,/ED/~~O FOR Dafiiel B.''f-lei City Attorney Published: Peter B. Lewis MAYOR Ordinance No. 6068 December 12, 2006 Page 5