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Home My WebLink AboutITEM VIII-A-3 # C[TY OF * ~ ~ * WASHINGTON AGENDA BILL APPROVAL FORIV6 Agenda Subject: Date: Ordinance No. 6308 Ma 11, 2010 Department: Planning & Attachments: Ordinance No. 6308 Budget Impact Determined Deveio ment at time of future develo ment Administrative Recommendation: Ci Council introduce and ado t 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 Aubum 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 fo extend it. RCW 82.02.060 (2) states that local ordinances by which impact fees are imposed may provide an exemption for development acfivities 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 7, 2007,. the City Council approved Ordinance No. 6089 establishing Section 19.04.070 (A:9) of the Aubum 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' sunsef on June 30, 2008, unless otherwi5e 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 finro 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. Reviewed by Council8 Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ' 0 Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner p Municipal Services ❑ Finance ❑ Parks ❑ Human Services 0 Planning & GD ❑ Fire Z Planning ❑ Park Board ❑ Public Works 0 Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee ApprovaL- ElYes ❑No Council ApprovaL ❑Yes ❑No Call for Publ.ic Hearing RefeRed to Until . / / Tabled Until . _ Gouncilmember: Norman Staff: Sn der_ Meetin Date: Ma 17, 2010 Item Number: Item VIII.A.3 * CITY Of * * ~ WASHINGTON AGENDA BILL APPROVAL FORM At ifs regular meeting on May 10, 2010, the Planning and Community Development Committee unanimously recommended to the Auburn City Council #he introduction and adoption of Ordinance No. . 6308 at the City Council's tegular meeting on May 17, 2010. The Finance Committee reviewed and discussed Ordinance No. 6308 at its regular meeting on May 17, 2010. F4.3, 03.4.1.1 . ORDINANCE NO. 6 3 0 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 19.04.070 OF THE AUBURN CITY CODE, RELATING TO TRANSPORTATION IMPACT FEE EXEMPTIONS WHEREAS, the City of Aubum is authorized by Chapter 82.02 of the Revised . Code of Washington (RCV1) to require new growth and development within the City to pay a proportionate share of the cost of new facilities to serve such new gtowth and development through the assessment of impact fees; and WHEREAS, on April 2, 2001, the City Council of the City of Auburn, Washington, approved its Ordinance No. 5506 entitled, "The City of Aubum Transportation Impact Fee Ordinance°; and WHEREAS, Ordinance No. 5506 established a transportation impact fee system for the City; and WHEREAS, on May 21, 2001, the City Council adopted its Ordinance No. 5549 _ approving a new Downtown Plan that includes policies and implementation strategies intentletl to foster, enhance and promote the livability and economic vitality of the Aubum Downtown Business District; and WHEREAS, Auburn Downtown Plan Policy 6-2 `Traffic Impact Fees' states that if the City adopts a traffic impact fee sysfem, 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 11, 2010 Page 1 of 4 WHEREAS, City of Aubum Resolution No. 4103 was passed by the City Council on October 2, 2006, implemented a new fee structure for the traffic impaet fee system for the City; and WHEREAS, on December 18, 2006, the City Council approved its Ordinance No. 6068, extending #he sunset date for the exemption for the Downtown Plan Area an additional six month period to June 30, 2007; and WHEREAS, on May 7, 2007, the City Council approved its Ordinance No. 6089, establishing Subsection (A)(9) of Section 19.04.070 of the Aubum City Code (ACC), creating a 4Downtown Cafalyst Area" as defined in Section 19.04.020 (FF) ACC 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 City Council approved its 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 developrrient 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 finds that there is value in continuing the traffic impact fee waiver for a portion of the Auburn Downtown P.lan area; and WHEREAS, the City Council finds that promoting economic development in the `Downtown Catalyst Area' is beneficial to the City and senres a broad public purpose. O"rdinance No. 6308 May 11, 2010 Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN asfollows: Section 1. Amendment to Citv Code. That Section 19.04A70 of the Aubum City Code, entitled `Exemptions,' regarding City of Auburn 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(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 activ'ity within the "downtown plan area" as defined in ' ACC 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 ACC 19.04.020(FF); provided, that this exemption shall sunset on June 30, 2=2012, 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 sunsef 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, B. The director shall be authorized to determine whether a particular , development activity falls within an exemption identified in this section. Determinations Ordinance No. 6308 May 11, 2010 Page 3 of 4 of the director shall be subject to the appeals procedures set forth in ACC 19.04.080. (Ord. _6199 § 2, 2008; Ord. 6197 § 2, 2008; Ord. 61.78 § 1, 2008; Ord..6089 § 2; 2007; Ord. 6068 § 1, 2006; Ord. 5763 § 1, 2003; Ord. 5604 § 1, 2001; Ord. 5506 § 1, 2001.) Section2. Implementation. The Mayor: is hereby authorized fo implement such administrative procedures as may be necessary to carry out the directions of this legislation. _ Section 3. Severabilitv. 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 invalidify of the application thereof #o any person or circumstance shall nof 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 ATTEST: PETER B. LEVNIS MAYOR ~ Danielle E. Daskam, City Clerk AP R E A TO FO D . , Ci Attorn Published: Ordinance No. 6308 - May 11, 2010 Page 4 of 4 ,