Loading...
HomeMy WebLinkAboutITEM VIII-A-3 CITY OF AUBURN AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance No. 6340 related to adjusting school district impact fees December 14, 2010 Department: Attachments: Budget Impact: Planning and Development Ordinance No. 6340 $ Dept. Administrative Recommendation: City Council introduce and adopt Ordinance No. 6340. 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. Four school districts occur within the City limits. 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 2010 included requests for City approval of the 2011-2016 Dieringer School District Capital Facilities Plan; 2010 - 2016 Auburn School District Capital Facilities Plan; 2010-2011 through 2015-2016 Kent School District Capital Facilities Plan; and for the 201.1 Federal Way 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 is scheduled to consider approval of the Capital Facilities Plans by separate draft Ordinance No. 6334 on December 20, 2010 as part of the 2010 annual Comprehensive Plan Amendments. L1220-4 03.4.3 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 ® Legal ❑ Police ® 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: Snyder Meeting Date: December 20, 2010 Item Number: VIII.A.3 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6340 Date: December 14, 2010 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 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; provided, that any school impact fee adjustment that 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 consistent with the public's interest in reasonably mitigating school impacts within the affected portion of the City. The following are the amounts of school impact fees collected over the last year as of the date of this report: Auburn $801,700.72 Federal Way $3,832.00 Kent and Dieringer $0 At their December 13, 2010 meeting, the Planning and Community Development Committee (PCDC) discussed Ordinance No. 6340 and forwarded a recommendation for approval to the full City Council. Ordinance No. 6340 was discussed by the Finance Committee on December 20, 2010. Page 2 of 2 ORDINANCE NO.6 3 4 0 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 IMPACTS FEES WHEREAS, the City of Auburn has adopted a school impact fee ordinance and collects school impact fees on behalf of certain school districts located or located in part within the City of Auburn; and WHEREAS, the Dieringer School District, Auburn School District, Kent School District, and the Federal Way School District, each being located in part within the City of Auburn, have provided the City of Auburn with updated capital facilities plans to be considered during the City's annual comprehensive plan amendment process that addresses among other things, the appropriate school impact fee for single family residential dwellings and multi- family residential dwellings for each district; and WHEREAS, the Dieringer School District issued a Determination of Non- Significance for the 2011-2016 Dieringer School District Capital Facilities Plan August 17, 2010; Auburn School District issued a Determination of Non-Significance for the 2010 - 2016 Auburn School District Capital Facilities Plan April 23, 2010; the Kent School District issued a Determination of Non-Significance for the 2010-2011 through 2015-2016 Kent School District Capital Facilities Plan June 8, 2010; the Federal Way School District issued a Determination of Non-Significance for the 2011 Federal Way School District Capital Facilities Plan April 7, 2010; and Ordinance No. 6340 December 13, 2010 Page 1 of 7 WHEREAS the City of Auburn issued a Determination of Non-Significance (DNS) on August 17, 2010 for the City of Auburn Year 2010 city-initiated comprehensive plan map and text amendments (File No. SEP10-0019) that incorporated by reference the previous threshold determinations by the Dieringer School District, Auburn School District, Kent School District, and the Federal Way School District; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of hearing, the Auburn Planning Commission on September 8, 2010 conducted public hearings on the proposed 2011-2016 Dieringer School District Capital Facilities Plan; 2010 - 2016 Auburn School District Capital Facilities Plan; 2010-2011 through 2015-2016 Kent School District Capital Facilities Plan; and for the 2011 Federal Way School District Capital Facilities Plan; and WHEREAS, following the conclusion of the public hearing on September 8, 2010 and subsequent deliberations, the Auburn Planning Commission, following individual positive motions, made separate recommendations to the Auburn City Council on the approval of the 2011-2016 Dieringer School District Capital Facilities Plan; 2010 - 2016 Auburn School District Capital Facilities Plan; 2010-2011 through 2015-2016 Kent School District Capital Facilities Plan; and for the 2011 Federal Way School District Capital Facilities Plan; and WHEREAS, the Auburn City Council considered the recommendations of the Auburn Planning Commission at a regularly scheduled meeting on December 20, 2010, and a positive motion approved the 2011-2016 Dieringer School District Capital Facilities Plan; 2010 - 2016 Auburn School District Capital Facilities Plan; 2010-2011 Ordinance No. 6340 December 13, 2010 Page 2 of 7 through 2015-2016 Kent School District Capital Facilities Plan; and for the 2011 Federal Way School District Capital Facilities Plan; and WHEREAS, on November 15, 2010 the Public Works Committee of the Auburn City Council at a regularly scheduled meeting reviewed the Planning Commission's recommendations; and WHEREAS, on December 13, 2010 the Planning and Community Development Committee of the Auburn City Council at a regularly scheduled meeting 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 residential dwelling units and multi-family dwelling units to be applied in the City of Auburn for the Dieringer School District, Auburn School District; Kent School District; and the Federal Way School District, respectively, based on the aforementioned capital facilities plans for each of these districts; and WHEREAS, the Auburn City Code provides for adjustments to school impacts fees based on a review of the capital facilities plans for the districts; and WHEREAS, Section 19.02.060 (Annual Council Review) of the Auburn City Code specifies that the Auburn City Council will in making its decision to adjust impact fees 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; and WHEREAS, on December 20, 2010, the Auburn City Council considered the recommendation of the Planning and Community Development Committee of the City Council at a regularly scheduled meeting on December 13, 2010. Ordinance No. 6340 December 13, 2010 Page 3 of 7 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Amendment to the City Code. Section 19.02.115 of the Auburn City Code is hereby amended to read as follows. 19.02.115 Impact fee calculation and schedule for the Dieringer School District. The impact fee calculation and schedule below 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 Dieringer School District Capital Facilities Plan adopted by the Auburn 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 school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 20102011, the school impact fee shall be as follows: Per Single-Family Dwelling Unit $3,005.00 I Per Multifamily Dwelling Unit $-205.00-$0.00 (Ord. 6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord. 6134 § 1, 2007; Ord. 6060 § 1, 2006; Ord. 5950 § 2, 2005.) Section 2. Amendment to the City Code. Section 19.02.120 of the Auburn City Code is hereby amended to read as follows. 19.02.120 Impact fee calculation and schedule for the Auburn 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 Auburn School District's Capital Facilities Plan adopted by the Auburn 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 Ordinance No. 6340 December 13, 2010 Page 4 of 7 be funded by school impact fees based on the factors defined in ACC 19.02.020. ( Effective January 1, 20102011, the school impact fee shall be as follows: Per Single-Family Dwelling Unit $0 $5,266.33 j Per Multifamily Dwelling Unit $1,518.22 (Ord. 6279 § 2, 2009; Ord. 6214 § 2, 2008; Ord. 6134 § 2, 2007; Ord. 6060 § 2, 2006; Ord. 5950 § 1, 2005; Ord. 5793 § 1, 2003; Ord. 5232 § 1, 1999.) Section 3. Amendment to the City 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 and 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 Auburn 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 school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 20102011, the school impact fee shall be as follows: 0 Per Single-Family Dwelling Unit $5,394.00-$5,486.0 Per Multifamily Dwelling Unit $3,322.00 $3,378-00 (Ord. 6279 § 3, 2009; Ord. 6214 § 3, 2008; Ord. 6134 § 3, 2007; Ord. 6060 § 3, 2006; Ord. 5950 § 1, 2005; Ord. 5233 § 1, 1999.) Section 4. Amendment to the City Code. Section 19.02.140 of the Auburn City Code is hereby amended to read as follows. Ordinance No. 6340 December 13, 2010 Page 5 of 7 19.02.140 Impact fee calculation and schedule for the Federal Way School District. The impact fee calculation and schedule is based upon a review of the impact fee and calculation for single-family residences and for multifamily residences set forth in the most recent version of the Federal Way School District's Capital Facilities Plan adopted by the Auburn 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 school impact fees based on the factors defined in ACC 19.02.020. Effective January 1, 2.0402011, the school impact fee shall be as follows: t Per Single-Family Dwelling Unit $3,832.00-14_4.00 j Per Multifamily Dwelling Unit $2,114.00 $2,172.00 (Ord. 6279 § 4, 2009; Ord. 6214 § 4, 2008; Ord. 6134 § 4, 2007; Ord. 6060 § 4, 2006; Ord. 6042 § 1, 2006.) Section 5. Constitutionality and 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 6. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 7. 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. Ordinance No. 6340 December 13, 2010 Page 6 of 7 INTRODUCED: PASSED: APPROVED: PETER B. LEWIS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED ED AS TO FORM: D eid, ity Aaney- ame-11B. Ordinance No. 6340 December 13, 2010 Page 7 of 7