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HomeMy WebLinkAbout6197ORDINANCE NO. 6 1 9 7 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, 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. 6197 July 28, 2008 Page 1 of 7 WHEREAS, on May 19, 2008, the Auburn City Council of the City of Auburn approved Ordinance No. 6178 extending the sunset date for the "Downtown Catalyst Area" an additional two year period to June 30, 2010; and WHEREAS, in light of intended, impending medical office space development by the Auburn Regional Medical Center, the City Council finds that there is value in expanding, at least temporarily, the "Downtown Catalyst Area," being that portion of the Auburn Downtown Plan area in which the traffic impact fee waiver applies; 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 19.04.020 of the Auburn City Code, entitled "Definitions," regarding Transportation Impact Fees, is hereby amended to read 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. ----------------- Ordinance No. 6197 July 28, 2008 Page 2 of 7 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. 1. "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 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 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. 0. "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 ----------------- Ordinance No. 6197 July 28, 2008 Page 3 of 7 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 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, 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 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" means 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 ----------------- Ordinance No. 6197 July 28, 2008 Page 4 of 7 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 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. GG "Downtown catalyst accessory area" means the area defined by the boundary of 1 st Street NW to the south, A Street NW to the west, 2nd Street NW to the north, and North Division Street to the east. (Ord. 6089 § 1, 2007; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Section Two AMENDMENT TO CITY CODE. That Section 19.04.070 of the Auburn City Code, entitled "Exemptions," regarding Transportation Impact Fees, 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(6). 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. ----------------- Ordinance No. 6197 July 28, 2008 Page 5 of 7 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, 2010, unless otherwise extended by the city council. 10 Fifty percent (50%) of all development activity within the "downtown catalvst accessory area" as defined in ACC 19.04.020(GG), to the effect that the exemption provided hereby shall be for fifes percent (50%) of the applicable transportation impact fees; provided that this exemption shall sunset on December 31, 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. 6170 § 1, 2008; Ord. 6089 § 2, 2007; Ord. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Section Three 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 Four IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section Five 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. INTRODUCED: AUG 4 2008 PASSED: AUG 4 APPROVFB:1 AI1f, d 9(108 PETER B. LEWIS, MAYOR ----------------- Ordinance No. 6197 July 28, 2008 Page 6 of 7 ATTEST: /0,/,- '12, , , " - j ni elle E. Daskam City Clerk Da ----------------- Ordinance No. 6197 July 28, 2008 Page 7 of 7 PUBLISH: ~ CITY OF AtiBURN Peter B. Lewis, Mayor WASHINGTON 25 West Main Street * Aubum WA 98001-4998 * www.auburnwa.gov * 253-931-3000 STATE OF WASHINGTON ) )ss. COUNTIES OF KING AND PIERCE ) I, Danielle Daskam, the duly appointed, qualified City Clerk of the City of Auburn, a Municipal Corporation and Code City, situate in the counties of King and Pierce, State of Washington, certify as follows: 1. The foregoing is a full, true and correct copy of Ordinance No. 6197 (the "Ordinance") duly passed by the Council and approved by the Mayor of the said City of Auburn, on the 4th day of August, 2008, as that ordinance appears on the minute book of the City. 2. Ordinance No. 6197 was published as provided by law in the Seattle Times, a daily newspaper published in the City of Auburn, and of general circulation therein, on the 6th day of August, 2008. Witness my hand and the official seal of the City of Auburn, this 29th day of June, 2009. Danielle Daskam, City Clerk City of Auburn AUBURN * MORE THAN YOU IMAGINED