HomeMy WebLinkAboutITEM IV-A~i F
' ~ AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Ordinance No. 6308 Ma 5, 2010
Department: Planning & Attachments: Ordinance No. 6308 Budget Impact: NIA
Development
Administrative Recommendation: Recommend to City Council introduction and adoption of Ordinance No. 6308
Background Summary:
Ordinance No. 6308 would amend Section 19.04.070 (Exemptions) of the Auburn City Code to authorize
the continued exemption until June 30, 2012 for the imposition and collection of traffic impact fees within
the `Downtown Catalyst Area'. Section 19.04.020 (FF) of the Auburn City Code defines the boundary of
the Area as: (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.
The City Council approved Ordinance No. 5506 on April 2, 2001 establishing a traffic impact fee
ordinance system for the City. On May 21, 2001, the City Council adopted the Downtown Plan that included policies and implementation strategies intended to foster, enhance and promote
the livability and
economic vitality of the Auburn Downtown Business District. Policy 6-2 of the Auburn Downtown Plan
specified that if the City adopted 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
elected to extend it. 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.
On May 2007, the City Council approved Ordinance No. 6089 establishing Section 19.04.070 (A.9) of
the Auburn City Code creating a `Downtown Catalyst Area' exemption for the imposition and collection of
traffic impact fees within this Area. A provision to this exemption was that it would sunset on June 30, 2008, unless otherwise extended by the City Council. On May 19, 2008, the City
Council approved
Ordinance No. 6178 extending the traffic impact fee exemption sunset date for the `Downtown Catalyst
Area' an additional two years to June 30, 2010.
The City Council's previous approvals of the traffic impact fee exemption for the `Downtown Catalyst Area' was based on its determination that that promoting economic development in
this Area is beneficial to the
City and serves a broad public purpose. Staff recommends that a similar determination is warranted to
help promote continued redevelopment in the Area.
Ordinance No. 6308 will be presented for review by the Finance Committee and potential action by the
Cit Council on Ma 17, 2010. Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Services ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD ❑ Fire ®Planning
❑ Park Board ❑ Public Works ®Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing l I
Referred to Until I l
Tabled Until l I
Councilmember: Norman Staff: Sn der
Meetin Date: Ma 10, 2010 Item Number:
ORDINANCE N0.6_
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 19.04.070.A.9 OF THE AUBURN CITY
CODE
WHEREAS, the City of Auburn ("City") is authorized by Chapter 82.02 RCW
to require new growth and development within the City 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 ("Council")
approved Ordinance No. 5506 entitled, "The City of Auburn Transportation
Impact Fee Ordinance" and,
WHEREAS, Ordinance No. 5506 established a transportation impact fee
system forthe City; and,
WHEREAS, Resolution No. 4103 implemented a new fee structure for the
traffic impact fee system for the City; and,
WHEREAS, on May 21, 2001, the Council adopted Ordinance No. 5549
approving 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. 6308
May 10, 2010
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WHEREAS, on December 18, 2006, the Council approved Ordinance No.
6068 extending the sunset date for the exemption for the Downtown Plan Area
an additional six month period to June 30, 2007; and,
WHEREAS, on May 2007, the Council approved Ordinance No. 6089
establishing Section 19.04.070 (A.9} creating an `Downtown Catalyst Area' as
defined in Section 19.04.020 (FF) of the Auburn City Code with the provision that
this exemption would sunset on June 30, 2008, unless otherwise extended by the
City Council; and,
WHEREAS, on May 19, 2008, the Council approved Ordinance No. 6178
extending the sunset date for the `Downtown Catalyst Area' for an additional two
year period, to June 30, 2010; 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 Council finds that there is value in continuing the traffic
impact fee waiver for a portion of the Auburn Downtown Plan area; and,
WHEREAS, the 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:
Ordinance No. 6308
May 10, 2010
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Section 1. Amendment to City Code. That Section 19.04.070 of
the Auburn City Code, entitled `Exemptions,' regarding transportation impact fee
exemptions, 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.
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(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,
X2012, unless otherwise extended by the city council.
10. Fifty percent of all development activity within the "downtown catalyst
accessory area" as defined in ACC 19.04.020(GG), to the effect that the
exemption provided hereby shall be for 50 percent of the applicable
transportation impact fees; provided, that this exemption shall sunset on
December 31, 2008, unless otherwise extended by the city council.
11. All development activity within the "emergency public interest area" as
defined in ACC 19.04.020(HH); provided, that this exemption shall sunset on
December 31, 2008, unless otherwise extended by the city council.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Ordinance No. 6308
May 10, 2010
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Section 3. 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 4. 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:
CITY OF AUBURN
PETER B. LEWIS
MAYO R ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6308
May 10, 2010
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