Loading...
HomeMy WebLinkAbout5763ORDINANCE NO. 5 7 6 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 19.04, TITLED "TRANSPORTATION IMPACT FEES" AND AUTHORIZING CITY POLICY, CLARIFYING SEVERAL ISSUES RELATED TO THE TRANSPORTATION IMPACT FEE PROGRAM, AND PROVIDING THAT THE TRANSPORTATION IMPACT FEE SCHEDULE BE ADDED TO THE CITY OF AUBURN FEE SCHEDULE WHEREAS, by passage of Ordinance No. 5506, effective July 1, 2001, the City Council implemented the City of Auburn Traffic Impact Fee Program; and WHEREAS, there is a need to provide clarification of the City's intent with respect to several issues regarding the fee system; and WHEREAS, to fully implement the original intent of Ordinance No. 5506, it is necessary to amend the current city code; and WHEREAS, this Ordinance is being adopted under the authority provided by RCW 82.02, and WHEREAS, the City has prepared policy guidance which is attached as a separate enclosure to be implemented upon the Council's approval of this ordinance, and Ordinance No. 5763 06/11/2003 Page 1 WHEREAS, the City Council provided for adoption of a City of Auburn Fee Schedule in the adoption of Ordinance No. 5707 and Ordinance No. 5715; and, WHEREAS, it is appropriate that the Transportation Impact Fee schedule be added to the City of Auburn Fee Schedule. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. AMENDMENT OF CITY CODE: Chapter 19.04 of the Auburn City Code is amended to read as follows: Chapter 19.04 TRANSPORTATION IMPACT FEES Sections: 19.04.010 19.04.020 19.04.030 19.04.040 19.04.050 19.04.060 19.04.070 19.04.080 19.04.090 19.04.100 19.04.110 19.04.120 19.04.130 Findings and authority. Definitions. Reserved. Assessment of impact fees. Independent fee calculations. Credits and adjustments. Exemptions. Appeals. Establishment of an impact fee account for transportation. Refunds. Use of funds. Review and update of impact fees. Miscellaneous provisions. 19.04.010 Findings and authority. The council of the city of Auburn (the "council") hereby finds and determines that new growth and development, including but not limited to new residential, commercial, retail, office, and industrial development, in the city of Auburn will Ordinance No. 5763 06/11/2003 Page 2 create additional demand and need for transportation facilities in the city of Auburn, and the council finds that new growth and development should pay a proportionate share of the cost of transportation facilities needed to serve the new growth and development. The city of Auburn has conducted extensive studies documenting the procedures for measuring the impact of new developments on transportation facilities. These studies have contributed to the rates as established in the Fee Schedule of the City of Auburn~, following this chapter. Therefore, pursuant to Chapter 82.02 RCW, the council adopts this chapter to assess impact fees for transportation facilities. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the transportation impact fee program. (Ord. 5506 § 1,2001.) 19.04.020 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning. A. "Act" means the Growth Management Act, Chapter 36.70A RCW, as now in existence or as hereafter amended. B. "Building permit," for the purposes of this chapter only, means an official document or certification which is issued by the city and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. In the case of increased impacts on transportation facilities caused by a change in use o r occupancy o f an existing building o r structure, a nd w here n o building permit is required, the term "building permit" shall specifically include business registrations. C. "Capital facilities plan" means the capital facilities plan element of the city's comprehensive plan adopted pursuant to Chapter 36.70A RCW, and such plan as amended. D. "City" means the city of Auburn. E. "Council" means the city council of the city of Auburn. F. "Department" means the department of public works. G. "Development activity" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, that creates additional demand and need for transportation facilities. H. "Director" means the director of the department of public works or the director's designee. Ordinance No. 5763 06/11/2003 Page 3 I. "Downtown plan area" means the study area as identified and adopted in the City of Auburn Downtown Plan dated May 2001 that is defined by the boundary of the Union Pacific Railroad on the west and State Route 18 on the south. The eastern boundary is defined as F Street SE from State Route 18 to East Main Street, East Main Street from F Street SE to E Street SE, and E Street NE from East Main Street to 4th Street NE. The northern boundary is defined as 2nd Street NW from the Interurban Trail to D Street NW, 3rd Street SW/SE NW/NE from D Street NW to Auburn Avenue, and 4th Street NE from Auburn Avenue to E Street NE. For the purposes of this chapter, the downtown plan area boundary has been slightly modified to avoid bisecting properties. J. "Dwelling unit" means a building, or portion thereof, designed for residential occupancy, consisting of one or more rooms which are arranged, designed or used as living quarters for one family only. K. "Encumbered" means to reserve, set aside or otherwise earmark the impact fees in order to pay for commitments, contractual obligations or other liabilities incurred for public facilities. L. "Feepayer" is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity commencing a land development activity or land use change which creates the demand for additional transportation facilities, and which requires the issuance of a building permit. "Feepayer" includes an applicant for an impact fee credit. M. "Gross floor area" (GFA) means the total square footage of any building, structure, or use, including accessory uses. N. "Gross leasable area" (GLA) means the total floor area designed for tenant occupancy a nd exclusive u se. F or t he purposes of t he t rip generation calculation, the floor area of any parking garages within the building shall not be included within the GLA of the entire building. GLA is the area for which tenants pay rent; it is the area that produces income. O. "Hearing examiner" means the examiner who acts on behalf of the council in considering and applying land use regulatory codes as provided under Chapter 18.66 ACC. Where appropriate, "hearing examiner" also refers to the office of the hearing examiner. P. "Impact fee" means a payment of money imposed by the city of Auburn on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the transportation facilities needed to serve new growth and development. Q. "Impact fee account" or "account" means the account established for the transportation impact fees collected. The account shall be established pursuant to ACC 19.04.090, and comply with the requirements of RCW 82.02.070. Ordinance No. 5763 06/11/2003 Page 4 R. "Independent fee calculation" means the transportation impact calculation prepared by a feepayer to support the assessment of an impact fee other than by the use of the attached schedules. S. "Interest" means the interest rate earned by local jurisdictions in the State of Washington Local Government Investment Pool, if not otherwise defined. T. "Multiple-family dwelling" means a building designed exclusively for occupancy by three or more families living independently of each other, and containing three or more dwelling units. U. "Owner" means the owner of record of real property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. V. "PM Peak Hour" means the hour of the highest transportation demand for the entire Auburn transportation system which between noon and midnight, ~,,~,, ........... ,4 ,,.,;,4,,;,,~,, typically occurs between the hours of 84:00 p.m. to 6:00 p.m. W. "Single-family dwelling" means a detached building designed exclusively for occupancy by one family and containing one dwelling unit. A manufactured home may be considered a one-family dwelling, if sited per ACC 18.48.050. X. "Square footage" means the square footage of the gross floor area or gross floor leasable area of the development. Y. "State" means the state of Washington. Z. "Transportation project improvements" mean site improvements and facilities that are planned and designed to provide service for a particular development or users of the project, and are nOt transportation system improvements. No transportation improvement or facility included in a capital facilities plan approved by the council shall be considered a transportation project improvement. AA. "Transportation system improvements" means transportation facilities that are included in the city of Auburn's capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to transportation project improvements. BB. "Grandfathering" means that existing land uses of a property in effect on July 1,2001, the intial effective date of the impact fees ordinance, are entitled to system capacity credits determined by the adopted impact fees rate schedule. CC. "Surplus credits" means credits over and above those calculated as an impact fee. For example: 1. In grandfatherinq calculations if the difference between a proposed u se fee minus existing u se credit results i n a positive number, the result is the Impact fee due. Ordinance No. 5763 06/11/2003 Page 5 2. In .qrandfatherin.q calculations if the difference between a proposed use fee minus existing use credit results in a neqative number, the result is the surplus credit and no impact fee would be due. Current practice is to not pay out in real dollars the calculated surplus credit. In off-site system capacity improvements or ROW dedication it is also possible to create sufficient value that results in a surplus credit. DD. "Change in Use" for the purposes of this Chapter means a different use as set forth in the identification of uses for the various fees for uses in the ITE Manual. EE. ITE Manual means the manual Institute of Transportation Engineers. promulgated and published by the (Ord. 5604 § 1,2001; Ord. 5506 § 1,2001.) 19.04.030 Reserved. (Ord. 5506 § 1,2001.) 19.04.040 Assessment of impact fees. A. Effective July 1, 2001, the city shall collect impact fees, based on the-rate sc:~,edulethe Fee Schedule of the City of Auburn, ^~achmc,",t A, from any applicant seeking a building permit from the city for any development activity within the city. B. Effective July I, 2901 May 19, 2005, where a change in use increases the trip generation by more than l0 one whole PM peak hour trips, the director shall calculate a transportation impact fee based o n t he increases i n t he t rip generation rate. C. The amount of impact fees shall be determined at the time an applicant submits a complete application for a building permit, using the impact fee schedules then in effect, or pursuant to an independent fee calculation accepted by the director pursuant to ACC 19.04.050, and adjusted for any credits pursuant to ACC 19.04.060. D. Payment of impact fees shall be made by the feepayer at the time the building permit is issued. The amount to be paid shall not be increased for any applicant t hat submitted a complete application for t he building permit before the city established the impact fee rates. E. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ACC 19.04.060 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ACC 19.04.060 setting forth the Ordinance No. 5763 06/11/2003 Page 6 dollar amount of the credit awarded. Impact fees, as determined after the application of appropriate credits, s hall b e collected from t he feepayer a t t he time the building permit is issued. F. The department shall not issue a building permit unless and until the impact fees have been paid or credit(s) awarded. (Ord. 5506 § 1, 2001.) 19.04.050 Independent fee calculations. A. If in the judgment of the director, none of the fee categories set forth in the attached schedule accurately describes or captures the impacts of the new development, the applicant shall conduct an independent fee calculation and the director may impose alternative fees on a specific development based on · those calculations, once accepted by the city. B. Feepayers may opt not to have the impact fees determined according to the attached schedule. Such feepayers shall prepare and submit to the director an independent fee calculation for the development activity for which a building permit is sought. C. The documentation submitted and supporting an independent fee calculation s hall clearly s how P M peak h our t rip generation characteristics of the proposed development based on industry-accepted standards as articulated in the ITE trip generation manual. The modified fee shall be based on the average cost per trip established in the Fee Schedule of the City of AuburnA~a~,hme¢~, and shall consider the alternative trip generation data. D. A non-reimbursible administrative fee shall be charqed for each independent fee calculation. The fee shall be deposited with the city to pay for city review of the independent fee calculation upon submittal of the documented independent fee study:. E. After the city completes its review, the actual fees and expenses will be determined and the cash deposit shall be adiusted to provide for a refund by fine city or additional payment by the feepayer. Ordinance No. 5763 06/11/2003 Page 7 1 F~. Whilo there is a presumption that the calculations set fodh in the a~achod schodulo are valid, tho director shall considor tho documontation submi~ed b y t ho foopayor, b ut i s not roquired to a ccopt such d ocumontation which tho director reasonably dooms to bo inaccurato or not reliablo, and may, in tho altomativo, require tho foopayor to submit additional or difforent documontation for considoration. Tho director is authorizod to adjust tho impact leos on a caso-by-caso basis basod on tho indopondont leo calculation, tho spocific charactodstics of tho dovolopmont, and/or pdnciplos of fairnoss. G~. Dotorminations mado by tho director pursuant to this soction may bo appoalod t o t ho offico o f t ho h oarin~ o xaminor s ubjoct t o tho p rocodures sot fo~h in ACC ~.04.080. (Ord. 5500 ~ ~, 200~.) 19.04.060 Credits and adjustments. A. A feepayer can request that a credit or credits for transportation impact fees be awarded to him/her for transportation project improvements provided by the feepayer in excess of the standard requirements for the feepayeri~ development if the land, improvements, and/or the facility constructed are Ordinance No. 5763 06/11/2003 Page 8 identified as transportation system improvements that provide capacity to serve new growth in the capital facilities plan, or the director, at his/her discretion, makes the finding that such land, improvements, and/or facilities would serve the transportation goals and objectives of the capital facilities plan. B. For each request for a credit or credits, the director shall determine the value of dedicated land by using available documentation or selecting an appraiser from a list of independent appraisers maintained by the department to determine the value of the land being dedicated. The value of the improvements will be determined through documentation submitted by the feepayer. C. The feepayer shall pay the cost of the appraisal and shall deposit on account the estimated cost of the appraisal as determined by the city at the time the feepayer requests consideration for a credit. D. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 days shall nullify the credit. E. Any claim for credit must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. F. No credit shall be given for transportation project improvements or right- of-way dedications for direct access improvements to and/or within the development in question. G. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in ACC 19.04.080. H. Pursuant to and consistent with the requirements of RCW 82.02.060, the fee rate~ in the Fee Schedule of the City of Auburn~, has been reasonably adjusted for other revenue sources which are earmarked for, or proratable to, funding transportation facilities. I. In order to grandfather the capacity rights of existinq landuses, the Director will utilize the adopted rates to calculate any impact fee credits and to determine a ny surplus credits for off site system improvements made by the property owner. Only in a situation when a property owner makes off site system capacity improvements that qualify in accordance with paragraph 19.04.060.A. will any surplus credits (value computed durinq the permit year and not adiusted for inflation) remain with the property or any subdivision of that Ordinance No. 5763 06/11/2003 Page 9 property to benefit future development where a traffic impact fee is determined to be due. (Ord. 5506 § 1,2001.) 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 ~,',+ '~'~' ...... ,.,.,,,o ,,,~*h~,, !2 ,,,,,,,ho ,,~ *~,,, ,~,,,,,,,1~*,,,,, ,,, ,~,,o*,,,,-*~-,,, ,-~ shall result in no new impact fees; 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 nonresidential structure that does not expand the usable space and that does not involve a change in use; 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(I); provided, that this exemption shall sunset on December 31, 2006, 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. 5604 § 1,2001; Ord. 5506 § 1,2001 .) 19.04.080 Appeals. A. A ny feepayer m ay pay t he impact fees imposed b y t his chapter under protest in order to obtain a building permit. _Appeals regarding the impact fees imposed on any development activity may only be made by the feepayer of the property where such development activity will occur. No appeal submitted under protest shall be permitted unless and until the impact fees at issue have been paid. Alternatively, any feepayer may appeal the impact fees determined by the Ordinance No. 5763 06/11/2003 Page 10 Director without first paying the fees, providing the Applicant is willing to provide a satisfactory security of the appealed fee amount in accordance with the requirements of ACC 17.08.010.A prior to issuance of the buildinq permit. Alternatively, any feepayer may appeal the impact fees determined by the Director without first paying the fees providinq the Applicant is willing to postpone issuance of the buildinq permit until after the appeal process when the revised final fee is known. B. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision with respect to the independent fee calculation, or any other determination which t he director i s authorized t o make pursuant to t his chapter, can be appealed to the hearing examiner. C. Appeals shall be taken within 10 days of the director's issuance of a written determination by filing with the office of the hearing examiner a notice of appeal specifying the grounds thereof, and depositing the necessary fee, which is set forth in the existing fee schedules for appeals of administrative decisions. The director shall transmit to the office of the hearing examiner all papers constituting the record for the determination, including, where appropriate, the independent fee calculation. D. The hearing examiner shall fix a time for the hearing of the appeal, give notice to the parties in interest, and decide the same as provided in Chapter 18.66 ACC. At the hearing, any party may appear in person or by agent or attorney. E. The hearing examiner is authorized to make findings of fact regarding the applicability of the impact fees to a given development activity, the availability or amount of the credit, or the accuracy or applicability of an independent fee calculation. The decision of the hearing examiner shall be final, except as provided in subsection G of this section. F. The hearing examiner may, so long as such action is in conformance with the provisions of this chapter, reverse or affirm, in whole or in part, or may modify the determinations of the director with respect to the amount of the impact fees imposed or the credit awarded upon a determination that it is proper to do so based on principles of fairness, and may make such order, requirements, decision or determination as ought to be made, and to that end shall have the powers which have been granted to the director by this chapter. G. Any feepayer aggrieved by any decision of the office of the hearing examiner may appeal the hearing examiner's final decision as provided in Chapter 18.66 ACC. (Ord. 5506 § 1,2001 .) 19.04.090 Establishment of an impact fee account for transportation. Ordinance No. 5763 06/11/2003 Page 11 A. Impact fee receipts shall be earmarked specifically and deposited in special interest-bearing accounts. The fees received shall be prudently invested in a manner consistent with the investment policies of the city. B. There is hereby established a separate impact fee account for the fees collected pursuant to this chapter: the transportation impact account. Funds withdrawn from this account must be used in accordance with the provisions of ACC 1 9.04.110. Interest earned on the fees s hall be retained in the account and expended for the purposes for which the impact fees were collected. C. On an annual basis, the financial director shall provide a report to the council on the transportation impact account showing the source and amount of all moneys collected, earned, or received, and the transportation improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within six years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the delay. E. In order to comply with RCW 82.02.060(2), impact fees for development activity in the downtown plan area shall be paid for with public funds other than from impact fee accounts during the exemption period set forth in ACC 19.04.070 (A)(8). (Ord. 5604 § 1,2001; Ord. 5506 § 1,2001.) 19.04.100 Refunds. A. If the city fails to expend or encumber the impact fees within six years of when the fees were paid, or where extraordinary or compelling reasons exist, such other time periods as established pursuant to ACC 19.04.090, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first-in, first-out basis. B. The city shall notify potential claimants by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant or claimant must be the owner of the property. C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for whiCh no application for a refund has been made within this one-year period shall be retained by the city and expended on appropriate transportation system improvements. E. Refunds of impact fees under this section shall include any interest earned on the impact fees by the city. Ordinance No. 5763 06/11/2003 Page 12 F. If and when the city seeks to terminate any or all components of the transportation impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail to the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for appropriate transportation system improvements. This notice requirement shall not apply if there are no unexpended or unencumbered balances within an account or accounts being terminated. G. The city shall also refund to the developer of property for which impact fees have been paid all impact fees paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur. (Ord. 5506 § 1,2001.) 19.04.110 Use of funds. A. Pursuant to this chapter, transportation impact fees: 1. Shall be used for transportation improvements that will reasonably benefit the new development; and 2. Shall not be imposed to make up for deficiencies in transportation facilities serving existing developments; and 3. Shall not be used for maintenance or operations. B. As a general guideline, transportation impact fees may be used for any transportation improvements which could otherwise be funded by a bond issue of the city. C. Transportation impact fees may be spent for transportation improvements, including b ut not limited to planning, land acquisition, right-of- way acquisition, site improvements, necessary off-site improvements including mitigation, construction, engineering, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. D. Impact fees may be used to recoup transportation improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. E. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of transportation improvements for which impact fees may be expended, impact fees may be used to pay debt service on Ordinance No. 5763 06/11/2003 Page 13 such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. (Ord. 5506 § 1,2001 .) 19.04.120 Review and update of impact fees. A. The fee rate schedule set forth in the Fee Schedule of the City of AuburnAtts,shme,o~-A shall be reviewed by the council no later than two years after the effective date of the attached fee rate schedule, and no more than every two years thereafter. B. The fee rate schedule set forth in the Fee Schedule of the City of Auburn~ shall be reviewed by the council as it may deem necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city, s comprehensive plan. (Ord. 5506 § 1,2001 .) 19.04.130 Miscellaneous provisions. A. Existing Authority Unimpaired. Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of RCW 82.02.050(1)(c). B. Captions. The chapter and section captions used in this chapter are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this chapter. C. Severability. If any portion of this chapter is found to be invalid or unenforceable for any reason, such finding shall not affect the validity or enforceability of any other section of this chapter. D. Short Title. This chapter shall be known and may be cited as the "The City of Auburn Transportation Impact Fee Ordinance." (Ord. 5506 § 1,2001 .) Ordinance No. 5763 06/11/2003 Page 14 Retirement ccmmani?y Drive in bank T ~ Post affice Service station Elements&· High school UP tonn°nz n. 100,000 tc 199,999 sq. ft. Convenience ...... ,~ ~..~, Freesia ding a: ...... , ...... Ordinance No. 5763 06/11/2003 Page 15 · -1 .... d~vc!ling ro0~'l s~/GFA sffGFA sf/GFA 1.0! 0.62 0.49 0.27 (IA"/ 33.!5 7.09 14.56 O~ cl'7 3.38 3.80 4.30 1.20 ! .20 ! .02 0.66 0.92 !3.70 6.92 5.47 4.60 4.10 3.77 !!.51 53.73 4.24 4.42 q2AAth O1 · '~ '1 ¢IAA ftl $468.78 $3~I ~o q2th A"7 $3 $.5.43 ¢1 AO $!.!5. $3.47 $1.74 $2.65 {~ A< · ~ A~ $!.91 sf/GFA 3.76 $2.24 ole/t'-'_lh' tX ') I i? q21 CIO oC/("~I7 A 1 .<C q2 I A~ s£/GFA !.44 $1.27 c... sf- square .... o.~ · ,... been reduced to g VFP - -'eu;"~ n,~;-,. ' · .............. o posltlO~: g-.ace is ................... .....space: ............................ spaces, Section 2. TRAFFIC IMPACT FEE SCHEDULE ADDED TO CITY FEE SCHEDULE: The City of Auburn Traffic Impact Fee Schedule as set forth herein below, previously included within Chapter 19.04 of the City Code, shall Ordinance No. 5763 06/11/2003 Page 16 be included in the City of Auburn Fee Schedule, the full Schedule of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Unit of Basic Impact Land Use Residential Transportation Impact Fee Rate Schedule Measure Trip Rate SF residential MF residential Mobile home in MH park Retirement community Hotel Motel dwelling 1.01 dwelling 0.62 dwelling 0.49 dwelling 0.27 room 0.61 room 0.47 Fee Rate $677.71 $440.91 $261.35 $144.01 $468.78 $361.19 Commercial - Services Drive-in bank Walk-in bank Day care center Library Post office Service station Service station w/minimart Auto care center Movie theater Health club Commercial - Institutional Elementary school Middle school/jr, high High school Church Hospital lane 63.33 $10,895.93 sf/GFA 33.15 $7.61 sf/GFA 13.20 $2.501 sf/GFA 7.09 $1.74 sf/GFA 10.79 $2.65 VFP2 14.56 $1,903.84 sf/GFA 96.37 $9.45 sf/GLA 3.38 $0.99 sf/GFA 3.80 $1.43 s f/GFA 4.30 $1.91 sf/GFA 1.20 $0.69 sf/GFA 1.20 $0.69 sf/GFA 1.02 $0.66 sf/GFA 0.66 $0.47 sf/GFA 0.92 $0.71 Commercial - Restaurant Restaurant High turnover restaurant Fast food restaurant sffGFA 7.49 $3.89 sffGFA 10.86 $3.84 sffGFA 33.48 $6.43 Ordinance No. 5763 06/11/2003 Page17 Commercial - Retail Shopping Shopping center Up to 9,999 sq. ft. 10,000 to 49,999 sq. ft. 50,000 to 99,999 sq. ft. 100,000 to 199,999 sq. ft. 200,000 to 299,999 sq. ft. 300,000 to 399,999 sq. ft. Over 400,000 sq. ft. Supermarket Convenience market Freestanding discount store Hardware/paint store Specialty retail center Furniture store Car sales - New Car sales - Used sf/GLA 13.70 $1.69 sf/GLA 9.46 $1.49 sf/GLA 6.92 $1.09 sf/GLA 5.47 $1.08 sf/GLA 4.60 $0.98 sf/GLA 4.10 $1.15 sf/GLA 3.77 $1.30 sf/GFA 11.51 $3.47 sf/GFA 53.73 $5.97 sf/GFA 4.24 $0.97 sf/GFA 4.42 $0.58 sf/GFA 2.59 $0.43 sf/GFA 0.45 $0.09 sf/GFA 2.80 $1.98 space3 0.28 $197.84 Commercial- Office Up to 49,999 sq. ft. 50,000 to 99,999 sq. ft. 100,000 to 199,999 sq. ft. 200,000 to 299,999 sq. ft. Over 300,000 sq. ft. Medical office sf/GFA 3.76 $2.24 s f/GFA 2.18 $1.92 sf/GFA 1.65 $1.45 sf/GFA 1.44 $1.27 sf/GFA 1.35 $1.19 sf/GFA 3.66 $2.52 Industrial Light industry/manufacturing sf/GFA 0.98 $0.96 Heavy industry sf/GFA 0.68 $0.67 Industrial park sf/GFA 0.92 $0.90 Mini-warehouse/storage sf/GFA 0.26 $0.26 Notes: A. Basic trip rates are based on the ITE Trip Generation Manual, 6th Edition. B. Impact fee rate calculation is based upon the following methodology: - Basic Trip Rate = PM Peak Hour Trip Generation (per unit of measure) - Basic Trip Rate x Percent of New Trips x Trip Length Adjustment x Per Trip Fee/(divide by) 1,000 for rate per square foot (where applicable) = Impact Fee Rate (per unit of measure) C. For land uses not specifically identified here, trip generation rates could be derived from ITE or a special study by the applicant. ~_g_.~..t2~ fee for review of an~¥,~..'4J_~..t.:~ shall be a Ordinance No. 5763 06/1 i/2003 Page 18 non-reimbursible fee of $250.00 per study submittal pay, able prior to City review of any independent fee study. D. Per trip fee is $573.50. E. sf = square foot = sq. ft. Footnotes: 1 Impact fee rate was $3.80/sf. For the economic welfare of the citizens of Auburn, rate has been reduced to $2.50/sf. 2 VFP = vehicle fueling position. 3 Space is individual vehicle sales space: 70 vehicles for sale = 70 vehicle spaces. Section 3. IMPLEMENTATION OF TRAFFIC IMPACT FEE POLICY: The City of Auburn Traffic Impact Fee Program Policy as set forth herein below is hereby adopted: TRAFFIC IMPACT FEE PROGRAM POLICY & PROCEDURES PURPOSE: To establish uniform policy and procedural guidance for the administration of the Traffic Impact Fee Program, the following policies are provided to guide staff in administering the program. A. The City's original intent was to provide better predictability and streamline the process. Policy: For warehousing projects where the initial applicant is permitting only a shell structure with plans for subsequent building permits to build out t he interior i n phases, t he City intended to h ave t he fee cover t he complete project to be paid at building permit time. To fulfill this intent the rate for 'Warehousing" will be eliminated by ordinance. The remaining fees in the schedule will include build out of tenant improvements. B. The City desired to charge for new construction only and grandfather existing uses for existing structures. Ordinance No. 5763 06/11/2003 Page 19 Clarify t he ordinance intent to not charge for renovations w here land use or zoning does not change for commercial & Industrial. (ACC 19.04.070A.1 .) Policy: In general the intent of the City is to grandfather all existing uses and not charge an impact fee where a~o~-ene~>fthe following conditions are met: · There is no "Change in Use" occurring as defined in the ITSITE Manual, e~and there is no change in structure floor space in a renovation; o_r · For the specific case of residential to small business conversions, where no rate is listed in the ~TS TE Manual, and the Applicant desires to avoid the cost of an Engineering assessment, the test for determining if an impact fee is due would be the difference in parking space requirements between the existing use and the proposed use as determined in the Zoning code. In such cases the standard trip rate of $573.50 would be used. For situations where a renovation of an existing structure is proposed, land use will remain the same but the building footprint and useable building space changes, such as additional floors the following policy applies: Policy: The intent of the City was to credit for the existing floor space and charge for the additional floor space in full trip increments. In calculations of new chargeable trips rounding will be down, rather than up, to the nearest whole trip in favor of the Applicant. How long should a prior vacant residential building be vacant before a fee to modify for a new occupant is charged? (ACC 19.04.070A.1.) Given the intent to grandfather all existing uses, this part of the code should be modified as follows: "Replacement of a structure with a new structure of the same PM peak hour trip generation and use at the same site or ~r,,~rc, ~A~l'l'l~ln '12 r~n~'l-~o ^'F '1'i-~,~ H,,~rn^ll~'l^n ~ shall result in no new impact fees." Ordinance No. 5763 06/11/2003 Page 20 For situations where an existing building is destroyed by Earthquake or a natural event or accident, an a similar project to replace in kind is proposed the following policy applies: Policy: This type of situation would be treated in the same manner as grandfathering an existing structure under the amended ACC 19.04.070A.3. C. The City's intent in applying the 10 PM Peak trip rule (ACC 19.04.040B) was to promote small business, not to lead to unintended consequences. To simplify the code and remedy the situation the following code change is recommended: "Effective July 1, 2001, where a change in use increases the trip generation by more than 10 one whole PM peak hour trips, the director shall calculate a transportation impact fee based on the increases in the trip generation rate." D. To provide policy clarification on what is meant by "Change in Use" the following guidance applies. Policy: Current practice a nd charges a re based o n definitions of use and on the rates published in the ITE manual and as adopted in ACC Chapter 19.04. E. Currently staff uses a development's SEPA application to establish the existing use and associated credits. Where the Application is ambiguous the current business registration with t he Clerk's office w ill b e used to determine existing use. Policy: This practice complies with City's original intent and should continue. F. Where an Applicant is vested under prior regulations with a traffic impact assessment established by such regulations or by a Traffic Mitigation Agreement, and when the Applicant requests a building permit after the Impact Fee Ordinance went into effect on July 1,2001 the City's intent was as follows: Policy: T he City intends to not over assess any Applicant. In such cases the City will afford the Applicant the choice between: Ordinance No. 5763 06/11/2003 Page 21 Go structures: · 1. A credit of the impact fee equal to the value of any fulfilled mitigation for system capacity improvements, or 2. Paying the impact fee per the City's Impact fee schedule, or 3. ,in llou of Pay an amount equivalent to the-SEPA mitigation a__s_s calculated by the City, in cases where no actual mitigation improvements have been constructed or paid by the Applicant. Method of calculating the entitlement of grandfathered credits for existing ITE Manual includes the appropriate land use: In all cases where the land use is listed in the ITE Manual uses, the rate specified as adopted by the City will be used to calculate the credits of existing land uses. (Regardless of the Peak Hour) ITE Manual does not include the appropriate land use: Where the ITE Manual does not prescribe the specific land use and rate, the Applicant may be afforded two options: The Director will determine the land use and rate using an Engineering Assessment that best approximates the existing land use, or The Applicant may perform an Engineering Assessment to document the trip rate for the existing permitted property use. Once the Director approves the study, the trip rate would be used to calculate the credit based upon the average system trip rate of $573.50. H. Banking of credits: 1. When a property owner of a development either dedicates ROW or makes street system capacity improvements in excess of the value of the property owner's obligations under the city's half street improvement requirements the following policy applies: In such cases current code is adequate. (ACC 19.04.060 Credits and Adjustments) Policy: Where development makes system capacity improvements, if a surplus credit is determined, then no impact fee is due; however, the City does not refund the Applicant any amount of the surplus credit. In situations where the development does not make full use of the property as allowed by the zoning code (partial development), the surplus credit may carry forward into the future to the benefit of the same property or subdivisions of such property thereof for future credits to impact fees for Ordinance No. 5763 06/11/2003 Page 22 subsequent property improvements that result in an impact fee calculation. In considering grandfathering of existing land uses a surplus credit may be determined for an existing (Pre-development) use. This raises the question: If re-development of a property creates surplus credits can these be "banked" and applied against a future obligation for an impact fee payment for a future development or redevelopment of the site. If so, how is this tracked by the City? Policy: In such situations, if a surplus credit is determined, then no impact fee is due; however, the City does not refund the Applicant any amount of the surplus credit and the credit does not carry forward as a future benefit to the property or any subdivision thereof. I. Transferring/selling of credits: If there are surplus traffic impact fee credits under the scenarios described above, can these be sold or transferred to other property owners? How does one go about purchasing or transferring the credits and how does the city recognize this sale or transfer? Policy: Any credits for traffic impact fees remain with the original parcel of property that was considered when the credits were calculated. The City does not allow the trading or transfer of credits to other properties to be used to offset the calculation of impact fees. Definitions: The following definitions should be added to ACC 19.04. Surplus credits: Means credits over and above those calculated as an impact fee. For example: 1. In grandfathering calculations if the difference between a proposed u se fee minus existing u se credit results i n a positive number, the result is the Impact fee due. 2. In grandfathering calculations if the difference between a proposed use fee minus existing use credit results in a negative number, the result is the surplus credit and no impact fee would be due. Current practice is to not pay out in real dollars the calculated surplus credit. 3. In off-site system capacity improvements or ROW dedication it is also possible to create sufficient value that results in a surplus credit. Ordinance No. 5763 06/11/2003 Page 23 Grandfathering: means that existing land uses of a property in effect at the time of July 1,2001, the intial effective date of the impact fees ordinance, are entitled to system capacity credits determined by the adopted impact fees rate schedule. Section 4. FUTURE AMENDMENTS TO POLICY: At such times as the City Council of the City of Auburn intends to amend or modify the City of Auburn Traffic Impact Fee Program Policy, it is authorized and empowered to provide for such policy amendment o r modification by Resolution properly introduced and passed by the City Council. Section 5. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 6. MAYOR'S AUTHORITY: The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Ordinance No. 5763 06/11/2003 Page 24 Section 7. EFFECTIVE DATE: This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. ATTEST: · Dahielle E. Daskam, City Clerk INTRODUCED: JUN I $ 2003 PASSED: JUN ] ii 2003 APPROVED: JUN ! $ 2003 PETER B. LEWIS MAYOR Daniel B. Hei ,~IT~' City Attorney PUBLISHED: Ordinance No. 5763 06/11/2003 Page 25