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Home My WebLink AboutITEM V-D CtTY OF_ i, AGENDA BILL APPROVAL FORM WASHINGTON I Agenda Subject: Date: l Ordinance No. 6279 December 8, 2009 Department: Attachments: Budget Impact: Planning, Building & Community Exhibit A: Ordinance No. 6279 $ Exhibit B: Pierce County Ordinance ~ No. 2009-93 Administrative Recommendation: Planning and Community Development Committee to recommend to City Council to introduce and adopt Ordinance No. 6279. , Background Summary: Title 19 (Impact Fees) of the Auburn City Code contains standards and regulations pertaining to the imposition of impact fees in, the City of Auburn. Chapter 19.02 (School Impact Fees) addresses the establishment, calculation, collection and amendment of school impact fees within the municipal boundaries of the City of Auburn. Pursuant to Section 19.02.060 (Annual Council Review) of the Auburn City Code, on at least an annual basis, the Auburn City Council shall review the information submitted by the Districts pursuant to ACC 19.02.050. The review shall be in conjunction with any update of the capital facilities plan element of the city's comprehensive plan. The City. Council may also at this time determine if an adjustment to the amount of the impact fees is necessary. The City of Auburn annual Comprehensive Plan Amendment process for 2009 included requests for City approval of the 2009-2015 Auburn School District Capital Facilities Plan, the 2010-2015 Dieringer. School District Capital Facilities Plan, the 2010-2015 Federal Way School District Capital Facilities Plan and the 2009-2010 to 2014-2015 Kent School District Capital Facilities Plan. These requests were submitted in accordance with the provisions of Section 19.02.050 (Submission of District Capital Facilities Plan and Data) of the Auburn City Code. The Auburn City Council approved the Capital Facilities with the adoption of Ordinance No. 6280 on December 7, 2009. 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 0 Planning & CD ❑ Fire ED Planning ❑ Park Board ❑Public Works E Legal ❑ Police Z Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Sn der Meetin Date: : December 14, 2009 Item Number: AUBUR.N * MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6279 Date: December 8, 2009 The approved Capital Facilities Plans contain proposed school impact fees for each of the Districts. The setting of the actual fees occurs through separate Council action amending Chapter 19.02 of the Auburn City Code. Section 19.02.060 (Annual Council Review) specifies the following: On at least an annual basis, the city council shall review the information submitted by the district pursuant to ACC 19.02.050. The review shall be in conjunction with any update of the capital faci/ities plan eleme"nt of the city's comprehensive plan. The city council may also at this time determine if an adjustment to the amount of the impact fees is necessary; provided, that any school impact fee adjustment thaf would increase the school impact fee shall require the submittal of a written request for the adjustment by the applicable school district concurrent'with the submittal of the annual capital facilities plan pursuant to ACC 19.02.050. In making its decision to adjust impact fees, the city council will take into consideration the quality and completeness of the information provided in the applicable school district capital facilities plan and may decide to enact a fee less than the amount supported by the capital facilities plan. Section 19.02.060 establishes that the Auburn City Council is not obligated to accept the fees proposed by the School Districts within their submitted Capital Facilities Plans and may establish fees that the ' Council determines are more appropriate and cbnsistent with the public's interest in reasonably mitigating school impacts within the affected portion of the City. At the Committee's November 23, 2009 meeting, the Committee asked for information on Pierce County's 2010 School Impact Fee Schedule. Please find attached as Exhibit "B" a copy of Pierce County Ordinance No. 2009-93 comprising the County's 2010 School Impact Fee Schedule. This ordinance was approved by the Pierce County Council on November 10, 2009 and signed by the Pierce County Executive on November 30, 2009. The Committee also asked for information on school impact fee collections for the Dieringer School, District for the last several years. The Auburn Permit Center collected and passed through to the District $71,000 in 2007, $102,650 in 2008 and $56,050 as of December 8, 2009. Page 2 of 2 / EXHIBIT A ORDINANCE NO. 6 2 7 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 19.02.115, 19.02.120, 19.02.130 AND 19.02.140 OF THE AUBURN CITY CODE RELATING TO SCHOOL IMPACT FEES. WHEREAS, the City of Auburn has adopted a school: impact fee ordinance Abiii1*1`1~11 and collects school impact fees on behalf of certain scl%o districts; and WHEREAS, the Auburn School District, Kent Sch'__, ool. District, Dieringer . School District and. Federal Way School District provided the. Citof Auburn with . rllfdb updat ed capital facilities plans to be ns ideredduring the~ ~City's annual ~y ~~•'s comprehensive plan amendment ,process that address among other things the xs, ~ appropriate school impact fee for sing1e4family residential development and multi- ~ family development for:;eaeh District, and A/m/r, Ad WHEREAS~tAuburn2School District issued a Determination of Non- Significance for the,~2009-2015~Auburn rn School District Capital Facilities Plan in . April~9, thexfFederal VUay School District issued a Determination of Non- ~ ~,h 1.40111 Signifince for the ~Q~,~10-201~Federal Way School District Capital Facilities P.lan in M j~ 009 and the Kent School District issued a Determination of Non- ~ ! Significance for the2009-2010 to 2014-2015 Kent School District Capital ~ Facilities Plan in June 2009; and, WHEREAS, the City of Auburn issued a Determination of Non- Significance on August 6, 2009 for the City of Auburn Year 2009 City Initiated Comprehensive Map and Policy/Text Amendments that incorporated by Ordinance No. 6279 December 8, 2009 Page 1 reference the previous threshold determinations by the Auburn School District, the Federal Way School District and the Kent School District, and that further analyzed the capital facilities plan proposal from the Dieringer School District.; , and, WHEREAS, the Auburn Planning Commission cond:ucted public hearings on September 9, 2009 for the 2009-2015 Auburn School District Capital Facilities ° Plan; 2010-2015 Dieringer School District Capif Facilifies Plan; 2010-2015 Aeg% , Federal Way School District Capital Facilities~Plan; and 2009-2MI0 to 2014-2015 ~ Kent School District Capital Facilities Plan;!and, ~ WHEREAS, following the conclusions~:~of the public hearings on September 9, 2009 and subsequent delibera o;s, the Auburn Planning ~ , Commission, follo ng~ ~dividua ~ po~ifive otions, made separate P ~ recommendations ~o%the Aubn City C"ncil recommending the approval of the /,/'j „M 2009-2015 Auburn School~Dis~~ct Cp,ital Facilities Plan; the 2010-2015 . Dieringer wSchool~District%Capital Facilities Plan; the 2010-2015 Federal Way ~ School~District Capital2Facilifies, Plan; and, the 2009-2010 to 2014-2015 Kent . School District Capital cilities Plan; and, ~ WHEREAfS, the Auburn City Council considered the recommendations of ••`4`~2\':3t~ the Auburn Planning Commission at a regularly scheduled meeting on December 7, 2009 and on a positive motion action approved the 2009-2015 Auburn School District Capital Facilities Plan; the 2010-2015 Dieringer School District Capital Ordinance No. 6279 December 8, 2009 Page 2 Facilities Plan; the 2010-2015 Federal Way School District Capital Facilities Plan; and, the 2009-2010 to 2014-2015 Kent School District Capital Facilities Plan WHEREAS, the City of Auburn Planning and Community Development Committee at a regularly scheduled meeting on December 14, 2009 recommended to the Auburn City Council the approval of amendments to Title 19 (Impact Fees) and more specifically, Chapter~19 02~,(School Impact Fees) ~ pertaining to school impact fees for single-family~r:esidential dwelling units and , 'multi-family residential.dwelling units to be applied in the City of Auburn for the . Auburn School District, Dieringer Scho I D, istrict,.~Federal Way Sc ool District ~ ~ .Y~ . •"e;Y ~ and Kent School District, respectively, based n the aforementioned capital facilities plans for each of these D`istricts; and . f ~ WHEREAS, the~Auburn City'~Code' provic%il;%for adjustments to school .:.C n. `c 9 ~ impacts fees based;;on a review>;of the caital facilities plans; and, WHEREAS, Sectioni19,%02~0/60 (Annual Council Review) of the Auburn City Code,specifies that t~he Auburn City Council will in making its decision to . v,,,~,~~ _ adjust~~pact fees take ~nto csideration the quality and completeness of the informationlprovided inthe applicable school district capital facilities plan and may decide to~enact a fee less than the amount supported by the capital facilities plan; and, WHEREAS, the Auburn City Council 'considered the recommendation of the Planning and Community Development Committee at a regularly scheduled . meeting on December 21, 2009. Ordinance No. 6279 December 8, 2009 Page 3 I NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to the Citv Code. Section 19.02.115 is hereby amended as follows. 19.02.115 Impact fee calculation and schedule for~ ~fh°e Dieringer School , District. The impact fee calculation and schedule below;is b,ased upon a review of : the impact fee calculation for single-family residences and for multifamily residences set forth in the most recent versionF,of the Dierm.ger School District . Capital Faoilities Plan adopted by the Aub,ur~,sn city council as ahl-~element of the . Auburn comprehensive plan. The calculation is the determination of the i~:. appropriate proportionate share of the costs of publie school capital facilities needed to serve new growth and the developrnent,to be funded by school impact fees based on the factors defined-gin ACC 19.021020. Effective January 1, ~82010, the~school ~mpact fee;~shall be as follows: r ~ io~ „ Per Single-Family Dwelling lJnit $~~9A-~8~$10~640 00 Unit~:~~, $--8 9A $ 908.00 Per Multifamily Dwellrng~ ~ Section 2 Amendment to the C:itv Code. Section 19.02.120 is hereby amended as-follows. ~ . A ~ 'ow~ r 19 02~AR120 Impactlfe,e calculation and schedule for the Auburn School District. ~ ~The impact fee calcul ion and schedule is based upon a review of the impacff<feej calculation for~single-family residences and for multifamily residences set forth'in~ the most ;cecent version of the Auburn School District s capital Facilities Pla'n~adopted~b the Auburn city council as an element of the Auburn comprehensivp,lan~The calculation is the determination of the appropriate proportionate share:~di the costs of public school capital facilities needed to serve new growth and d elopment to be funded by school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 20892010 the school impact fee shall be as follows: Per single-Family Dwelling Unit $5;374.64 5 432.70 Per Multifamily Dwelling Unit ,Q 1 184.71 Ordinance No. 6279 December 8, 2009 Page 4 Section 3. Amendment to the Citv Code. Section 19.02.130 is hereby amended as follows: 19.02.130 Impact fee calculation and schedule for the Kent School District. The impact fee calculation and schedule is based upon a review of the impact fee calculation for single-family residences and for multifamily residences set forth in the most recent version of the Kent School District's Capital Facilities Plan adopted by the Aubum city council as an element of the Auburn comprehensive plan. The calculation is the determination of the appropriate proportionate share of the costs of public school capital. facilities needed to serve new growth and development to be funded by sch~~~l,impact fees based on the factors defined in ACC 19.02.020. A` X, . Effective January 1, 2-9092010 the school ir.np,act fee shall be as~follows: . %i~i,'~' ,•°k ~ Per sin9le-FamilY Dwellin9 Unit $~A4:A8;%w 5 394.00& Per Multifamily Dwelling Unit $3;~-AA ~ " 32~2p400 Section 4. AmendmentftaheH.Citv Code .f=,:Section 19.02.130 is hereby amended as follows: <<...~, 19.02.140 Impact~fee calculation andschedule for the Federal Way School District. i~,~,., The impact fee; calculat~q~n° an,d sc ' hedule is based upon a review of the A. ~i~° ~ impact fee, calculation ~f~or ~single-family residences and for multifamily residences f ' h set forth ~ ry""i"j/ in`~ most recent. version of the Federal Way School District1s Capital Facilities'Plan adopfed byyl~the Auburn city council as an element of the Auburn ~~r ~m comprehensive plan The calculation is the determination of the appropriate proportionate share of the cost~of public school capital facilities needed to serve , new growth~~nd develop~ment to be funded by school impact fees based on the factors defined~~in ACC~,19~02.020. Effective January Y1:;~99-52010 the school impact fee shall be as follows: Per single-Family Dwelling Unit $4;917-90 3 832.00 Per Multifamily Dwelling Unit $1,733:-99 2 114.00. Section S. Constitutionalitv and Invaliditv. If any section, subsection sentence, clause, phrase or portion of this Ordinance, is for any reason held Ordinance No. 6279 December 8, 2009 Page 5 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 6. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carryout the directions of this legislation. ~y INTRODUCE-D-~, PASSED, APPROVED~:,. ...........L 'yS~h~`~~ ~~yn~•1 Peter B~ ewis , MAYORx ~ ~ ~I. ATTEST , / ~h f> t Danielle18..~ Daskam, City Clerk~~~~ WOr~f APPROVED AS T;P.FORM: Daniel B. Heid, City Attorney Published: Ordinance No. 6279 December 8, 2009 Page 6 EXHIBIT B 1 Sponsored by: Councilmember Roger Bush 2 Requested by: Pierce County Council 3 4 s ORDINANCE NO. 2009-93 6 , 7 An Ordinance of the Pierce County Council Addressing School and s Regional Park Impact Fees for 2010; Amending Section g 4A.30.030 of the Pierce County Code, "School Impact Fee 10 Schedule," to Adjust School Impact Fees for 2010; and 11 Setting an Effecfive Date. 12 13 Whereas, park and school impact fees in Pierce County are calculated according 14 to #he formulas in Sections 4A.20.020 and 4A.30.020 of the Pierce County Code (PCC), 15 then the fee is "capped" by a"Maximum Fee Obligation" (MFO) which increases 16 annually according to #he Consumer Price Index far the Seattle/Tacoma/Bremerton 17 Standard Me#ropolitan Statistical Area (PCC 4A.20.020 D. and 4A.30.020 D.); and 18 19 Whereas, the annual adjustment must be adopted by Ordinance following the 20 adoption of the Capital Facilities Plan and any review of impact fees; and 21 22 Whereas, regarding regional park impact fees, the Consumer Price index for all . 23 urban consumers for the Seattle-Tacoma-Bremerton area in the first haif of 1997 was 24 161.9 (the base index for regional park impact fees); for August 2009 it was 227.138, 25 which is an increase of 40.30 percenf, but is a decrease of 0.3 percent from 2008; and ' 26 ' 27 Whereas, the MFO for regional parks, adopted in Ordinance No. 96-122S, was , 28 $250.00 for single-family dwelling units and $125.00 for each multi-family dwelling unit; 29 and 30 31 Whereas, after rounding up pursuant to PCC 19A.100.050, increasing each MFO 32 by 40.30 percent results in adjusted regional park MFOs of $355.00 for single-family 33 dwelling units, and $180.00 for multi-famiiy dwelling units, the same as the 2009 fees; 34 and 35 36 Whereas, school impact fees are coflected for residential development in the 37 unincorporated County for school districts that meet the requirements in Tit(e 4A PCC; 3s and 39 40 Whereas, the Consumer Price Index for all urban customers for #he Seattle- 41 Tacoma-Bremerton area for January 2006 was calculated to be 202.25 (the base index 42 for school impac# fees); for August 2009 it was 227.138, which is an increase of 92.31 43 percent; and 44 45 Whereas, the MFO for school districts effective in January 2006 and adopted in 46 Ordinance No. 2004-94s was $2,675.00 for single-family dwelling units and $1,410.00 47 for each multi-family dwelling unit; and , . Ordinance No. 2009-93 Pierce County Council ~ Page 'i Of 2 930 Tacome Ave S, Rm 1046 7acoma, WA 98402 1 Whereas, after rounding up pursuant to PCC 19A.100.050, increasing the MFO 2 by 12.31 percent results in adjusted school MFOs of $3,005.00 for single-family dwelling 3 units and $1,585.00 for multi-family dwefling units (a decrease of $10 and $5, 4 respectively); and 5 6 Whereas, pursuant to Sections 4A.10.130 and 4A.30.01 0 C. PCC, the County 7 has reviewed the relevant School Districts' Capita{ Facilities Plans, County $ Comprehensive Plan Amendments, and Title 4A PCC; and 9 10 Whereas, #he Council is reviewirtg the park and school impact fee changes in 11 conjunction with the annual review and update of the Capital Facilities Plan element of 12 the Comprehensive Plan, as required by PCC 4A.10.030 A.; Now Therefore, 13 14 BE IT ORDAfNED by the Council of Pierce County: .15 . . . . . 16 Section 1. The calculations for an annual adjus#ment to Regiona) Park Impact 17 Fees for 2010 provides. that the Single-Family and Multi-Family Fees are unchanged, so 18 no change is needed to Section 4A.20.030 of the Pierce County Code. I 19 20 Section 2. Section 4A.30.030 of the Pierce County Code, School Impact Fee 21 Schedule," is hereby amended as shown in Exhibit A, which is attached hereto and 22 incorporated herein by reference. 23 24 Section 3. Th[s Ordinance shall become effective on January 1, 2010. 25 , 26 PASSED this day of , 2p09. 27 28 ATTEST: PIERCE COUNTY COUNCIL 29 Pierce Coun#y, Washington 30 31 32 33 Denise D. Johnson ' . Roger Bush 34 Clerk of the Council Council Chair 35 36 37 38 Pat McCarthy 39 Pierce County Executive 40 Approved Vetoed , this 41 day of 42 . 2009. 43 44 Date of Publication of 45 Notice o# Public Hearing: 46 47 Effective Date of Ordinance: Ordinance No. 2009-93 Pierce County Council Pag2 L Of 2 930 Tamma Ave S, Rm 1046 7acoma, WA 98402 ir(/ 1 Exhibit A to Ordinance No. 2009-93 2 3 a Only fhose portions of Secfion 4A.30. 030 that are proposed fo be amended are shown. 5 Remainder of fexf, tables and/or figures is unchanged. 6 7 4A.34.030 Schooi Impact Fee Schedule. 8 . ; PER SINGLE FAMILY : ; , PER MULTI FAM..ILY UN1T . . : < . - SGHOOL , ~ ~8A8 ImpRCt - 3868 Impact,Fce : Sclioo! Distr~ct - DISTRICT : Scliool Dist~ ict Fee (1VIaxip►um Fee . Fee ;.~Maxurium ~'ee ° . ree Cfllcutat~on OblWtion Effectixe ; Obl~gation ~ffeetive ~ Calculat~un . for 39891/01/99 ~s fo~ . 1/O1L81 ts . , , ; ; - , , . Bethel . 21Ii $6-,7236,1;:13' $~1A1';585 . Carbonado $3;8974,280 $3;8-143,005 $94-81,141; $~--581;145: Dieringer $10-lt48.8,2_55 $3304-S3,Q45 $998205 $94-8205' Eatouville $4-,9M",497 $~A4-&3,OOS; $-I,~2,4U4 $4 -,4 991°;5$5: Fife $4-,7932,903' $3,4132,945 $~-8W1,66Q $~548`1~;585 rrauklin Pierce $10,032 $34,~-S3;O,Q5 $4,530 $4,598i=;585 Orting $1,42-55'675 $M, 4-0$52 $55 Peninsula $93M8,652 $~~3,OQS. $4,-~i554,795, $4-,M1;5" . Puyallup $"'41304 $X,41-53,005 $4348~3,2$9 $-~348,i;S$5; Steiiacoom $7,39-~-2,302 $~~z,3QS' $7-,4440 $4-,5900 Sumner $4;Str~;1;;298 $~;A-~-5;1^~39;Q $~Q $3-""Q White River $~,3~3,26!~ $3-,",OUS $2-,67-7-1,GOU $4-,3981;585 Yelm $3;8665,97$ $141-51405 $~,3+83,063; $4-,}81;585; 9 10 [Note: There are no changes to Table 4A-1] 11 12 13 Exhibit A ta Ordinance No. 2009-93 Pierce County Council ~ Page 1 of 1 930 7acoma Ave S, Rm 7046 7acoma, WA 98402 Yroposed Ordinance No. 2009-93 Page 1 of 1 Ordiuance No. 2009-93 Title: An Ordinance of the Pierce County Council Addressing School and Regional Park Impact Fees for 2010; Amending Section 4A.30.030 of the Pierce County Code, "School Impact Fee Schedule," to Adjust School Impact Fees for 2010; and Setting an Effective Date. Submltted to ExecuEive: November 13, 2009 Executive Action; Returned Signed November 30; 2009 Sponsor: Councllmember Roger Bush Council Contacts Name Group Phone Email Carofyn Pendle County Council Office 253-798-3631 cpendl..e@co,pierce.wa.us Notices , Date 7ype ,Publication 10/21/09 Public Hearfng Puyallup Herald Legislative Actions Date Actfon Set For 10 i3 ~ /09 Referred and Set Final Hearing 11/10/09 Council Hearings Date Reason Council Action ,U/10L49 Ftnal Consideratfon ' Do Pass Committee Hearings Date Committee Actions 11 05 09 Committee af the Whole Do Pass Fina) Votes Novernber 10, 2009 S. Bunney J. McDonald R. Bush T. Farrell B. Gelman D. Murl T. Lee Aye Aye Aye Aye Aye Aye Aye Cauncil Documents Version Committee Date of Action Ffle fVame Fntroduced Proposal 10113 09 2009-93 ord.doc Introduced Proposal 10/1~/09 2009-93 exa.doc Final Proposal iiL1009 2009-93 final ord,doc Final Proposdl 11/10/09 2009-93 final exa.doc Proposal Search What.is an ordinance? http://www.co.pierce.wa.iis/efapps/council/iview/proposal.cfm?proposal_num=2009-93 12/9/2009