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HomeMy WebLinkAboutITEM IV-A AGENDA BILL APPROVAL FORM Date: November 17, 2009 Agenda Subject: Proposed Ordinance 6282 related to Open Space Taxation Department:Attachments:Budget Impact: Planning, Building & Community Proposed Ordinance No. 6282, Pierce $ 0 DevelopmentCo. 2009 Public Benefit Rating System Table, and Ordinance No. 6232. Administrative Recommendation: Staff recommends forwarding of proposed Ordinance 6282 to the City Council. This ordinance would extend and modify Ordinance 6232 for current use application criteria, appointing members to the joint determining authority, and assessing application fees. Background Summary: The following key elements related to City Open Space Taxation review processes will be modified through adoption of Ordinance 6282. Joint Determining Authority (JDA) Reappointment of the three JDA members and alternate to the JDA beyond the December 31, 2009 sunset clause of Ordinance 6232. Pierce County Public Benefit Rating System (PBRS). Adoption of the 2009 revised Pierce County PBRS Table 2.114-1 which modifies the weighted criteria for current use assessment applications. Application Fee. Replace the reference to “Miscellaneous Administration Decisions” fee with “applicable” fee. Add a new reference to notice board fees reaffirming that an applicant must cover the cost of required notice board posting. 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 LegalPolice Planning Comm. OtherPublic Works Human Resources Action: Committee Approval: Yes No Council Approval: Yes NoCall for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Norman Baker Meeting Date: Item Number: November 23, 2009 ORDINANCE NO. 6282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATED TO THE CURRENT USE ASSESSMENT TAX PROGRAM, EXTENDING AND MODIFYING ORDINANCE NO. 6232 FOR CURRENT USE APPLICATION CRITERIA, APPOINTING MEMBERS TO THE JOINT DETERMINING AUTHORITY, AND ASSESSING APPLICATION FEES. WHEREAS, Chapter 84.34 of the Revised Code of Washington (“RCW”) provides for certain properties within the City to be assessed based on the current use of that property instead of at the highest and best use of the property in order to preserve open space and other public benefits; and WHEREAS, when property is located within a city, the application must be approved by a Joint Determining Authority (JDA) consisting of three County Council members and three City Council members; and WHEREAS, RCW 84.34.030 allows the City to charge a reasonable processing fee for evaluation of these applications; WHEREAS, Ordinance 6232 was limited to applications acted upon prior to December 31, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1.Current Use Assessment Program Criteria. For purposes of evaluating Current Use Assessment applications for properties located both within the City of Auburn and within Pierce County, the City Council adopts the 2009 Pierce County’s Public Benefits Rating System criteria as set forth in Chapter 2.114 of the Pierce County Code for those applications filed after December 31, 2008. Applications filed on or before December 31, 2008 shall be ------------------------------ Ordinance No. 6282 ______________ Page 1 of 3 reviewed under the Pierce County’s Public Benefits Rating System criteria adopted under Ordinance No. 6232. Section 2. Appointment of Members. The chairs of Finance, Public Works and Planning & Community Development Committees are hereby appointed to the Joint Determining Authority (JDA). The chair of the Municipal Services Committee is hereby appointed as an alternate to the JDA. Section 3. Processing and Notice Fees. An applicant shall pay the applicable fee in effect when the application is filed to cover processing of the application. Additionally, the applicant is responsible for cost of notice boards required for posting of the property as provided in Auburn City Code 1.27. Section 4. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this Ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. 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: _____________________ ________________________________ PETER B. LEWIS, MAYOR ATTEST: ------------------------------ Ordinance No. 6282 ______________ Page 2 of 3 ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ ------------------------------ Ordinance No. 6282 ______________ Page 3 of 3