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.)
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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
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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.
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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
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Ordinance No. 6178
May 7, 2008
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