Loading...
HomeMy WebLinkAbout6089ORDINANCE NO. 6 0 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON AMENDING SECTIONS 19.04.020 AND 19.04.070 OF THE AUBURN CITY CODE RELATED 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 Ordinance No. 6089 May 1, 2007 Page 1 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, 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 is paid from public funds other than impact fee accounts; and WHEREAS, the City Council has found that promoting economic development in that area of the Downtown area identified as the "Downtown Catalyst Area" is beneficial to the City and serves a broad public purpose; and WHEREAS, the concept of "catalyst projects" is promoted in the Auburn Downtown Plan; and WHEREAS, it is appropriate to identify the "Downtown Catalyst Area" in city code; and; WHEREAS, the area defined as the "Downtown Catalyst Area" is also included within the boundary of the City's Community Renewal Plan adopted by the Auburn City Council on September 18, 2006 whereby the rehabilitation and redevelopment of said area is in the public interest; Ordinance No. 6089 May 1, 2007 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 AMENDMENT TO CITY CODE. That Section 19.04.020 of the Auburn City Code relating to "Transportation Impact Fees" is hereby amended as follows: 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 or occupancy of an existing building or structure, and where no 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. 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 NW/NE from D Street NW to Auburn Avenue, and 4th Street NE from Auburn Avenue to E Street NE. For the Ordinance No. 6089 May 1, 2007 Page 3 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. "Fee=payer' 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. "Fee payer" 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 and exclusive use. For the purposes of the trip 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. R. "Independent fee calculation" means the transportation impact calculation prepared by a fee=payer 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. Ordinance No. 6089 May 1, 2007 Page 4 V. "PM peak hour" means the hour of the highest transportation demand for the entire Auburn transportation system which between noon and midnight, typically occurs between the hours of 4:00 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 aone-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 initial 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 grandfathering calculations, if the difference between a proposed use fee minus existing use credit results in 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. 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 promulgated and published by the Institute of Transportation Engineers. FF. "Downtown. Catalyst Area" means the areas -defined by~1) the bounda of West Main SUEast Main St 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 (21 the boundary of East Main St to the south, Auburn..Avenue to the east,_1st Street NE to Ordinance No. 6089 May 1, 2007 Page 5 the north and North Division Street to the west." (Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Section 2 AMENDMENT TO CITY CODE. That Section 19.04.070 of the Auburn City Code relating to "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 June 30, 2007, unless otherwise extended by the City Council. 9 All development activity within the "Downtown Catalyst Area" as defined in 19 04 020 FF provided that this exem tion shall sunset on June 30 2008 unless otherwise extended by the Citv 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. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Ordinance No. 6089 May 1, 2007 Page 6 Section 3. If any provision of this Ordinance or its application to any person or circumstances is held invalid, the remainder of this Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 5. 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: MAY ~ 200 PASSED: MAY 7 2007 ~~~„„~~. MAY 7 2007 Peter B. Lewis MAYOR ATTEST: ~~~~ ~ Da 'Ile E. Daskam, City Clerk APP VED O FORM: niel B. He , City Attorney Published: t0 Zez~"T Ordinance No. 6089 May 1, 2007 Page 7