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HomeMy WebLinkAboutITEM VIII-A-1AUBURN ?- WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Code Amendment (Amending Auburn City Code Date: May 13, 2008 Section 19.04.070) relating to the traffic impact fee exemption in Downtown Catalyst Area Department: Planning, Attachments: Ordinance No. 6178 and Budget Impact: NA Building and Community Downtown Catalyst Area ma Administrative Recommendation: City Council introduce and adopt Ordinance No. 6178. Background Summary: In May 2007 the City Council extended the sunset date on the traffic impact fee exemption for downtown development to an area defined as the "Downtown Catalyst Area" (see attached map). Auburn City Code (ACC) Section 19.04.020.FF establishes this area as: Downtown catalyst area" means the areas defined by (1) the boundary of West Main Street/East Main Street to the north, A Street SE to the east, 2nd Street SE/2nd Street SW to the south, and A Street SW to the west; and (2) the boundary of East Main Street to the south, Auburn Avenue to the east, 1st Street NE to the north, and North Division Street to the west." At that time the sunset date was pushed out until June 30, 2008; it was anticipated that the major redevelopment projects would have commenced by then. For a variety of reasons downtown projects have been delayed. As the time approaches for the expiration of the traffic impact fee exemption for downtown the Council will consider a two year extension pushing the sunset date out until June 30, 2010. Two years would allow for the necessary time for some of the pending downtown projects to commence. In two years the Council can review the status of downtown projects and determine if it is appropriate to address this matter again. L0519-1 03.4.1.1, F4.3 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ? Arts Commission COUNCIL COMMITTEES: ? Building ? M&O ? Airport ? Finance ? Cemetery ? Mayor ? Hearing Examiner ? Municipal Serv. ? Finance ? Parks ? Human Services ® Planning & CD ? Fire ® Planning ? Park Board ® Public Works ? Legal ? Police ? Planning Comm. ? Other ? Public Works ? Human Resources ? Information Services Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meeting Date: May 19, 2008 Item Number: VIII.A.1 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6178 Date: May 19, 2008 For reference, traffic impact fees are paid at the time a building permit is issued. Presently Title 19 of the Auburn City Code provides for the collection of transportation impact fees and several exemptions thereto 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 12 months of the demolition or destruction of the prior structure. 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 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 ACC 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 ACC 19.04.020(l); provided, that this exemption shall sunset on June 30, 2007, unless otherwise extended by the city council. 9. All development activity within the "downtown catalyst area" as defined in ACC 19.04.020(FF); provided, that this exemption shall sunset on June 30, 2008, 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. 6089 § 2, 2007; Ord. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Page 2 of 2 ORDINANCE NO. 6 1 7 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 19.04.070 OF THE AUBURN CITY CODE, RELATING TO TRANSPORTATION IMPACT FEES 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 WHEREAS, Auburn Downtown Plan Policy 6-2 "Traffic Impact Fees" states that 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 WHEREAS, on December 18, 2006 the Auburn City Council of the City of Auburn approved Ordinance No. 6068 extending the sunset date for an additional six month period to June 30, 2007; and WHEREAS, on May 7, 2007 the Auburn City Council of the City of Auburn approved Ordinance No. 6089 extending the sunset date for the "Downtown Catalyst Area" an additional one year period to June 30, 2008; and ----------------- Ordinance No. 6178 May 7, 2008 Page 1 of 3 WHEREAS, the City Council finds that there is value in continuing the traffic impact fee waiver for a portion of the Auburn Downtown Plan area; 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 are paid from public funds other than impact fee accounts; and WHEREAS, the City 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 One AMENDMENT TO CITY CODE. That Section 19.04.070 of the Auburn City Code, entitled "Exemptions," regarding transportation impact fee exemptions, is hereby amended to read 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 12 months of the demolition or destruction of the prior structure. 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 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 ACC 19.04.040(8). 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 ACC 19.04.020(1); provided, that this exemption shall sunset on June 30, 2007, unless otherwise extended by the city council. 9. All development activity within the "downtown catalyst area" as defined in ACC 19.04.020(FF); provided, that this exemption shall sunset on June 30, 2-0 ? 2010, unless otherwise extended by the city council. ----------------- Ordinance No. 6178 May 7, 2008 Page 2 of 3 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. 6089 § 2, 2007; Ord. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Section Two Constitutionality or Invalidity. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or 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 Three Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section Four 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: ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: D el B. Hei ity Attorney PUBLISH: PETER B. LEWIS MAYOR ----------------- Ordinance No. 6178 May 7, 2008 Page 3 of 3