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Home My WebLink About6340 ORDINANCE NO. 6 3 4 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, " WASHINGTON AMENDING 3ECTIONS 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 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, Aubum School District, Kent School District, and the Federal Way Schoof District, each being locafed 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 201-1 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 201 1 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. SEPIO-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 Kenfi 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 Aubum 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 throu.gh 2015-2016 Kent School District Capital Facilities Plan; and for the 2011 Federal Way School District Capital Facilities Plan; and WHEREAS, the Aubum 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 #hrough 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 Aubum 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, Aubum School Districf; 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 Aubum 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 eapital facilities plan; and WHEREAS, on December 20, 2010, the Aubum 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, WASHINGTOIV, DO ORDAIN AS FOLLOWS: Section 1. Amendment to the City Code. Section 19.02.115 of the Auburn City Code is hereby amended to tead 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 impacf 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 Aubum. city council as an element of the Aubum 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, 281-92011, the school impact fee shall be as follows: Per Single-Famity Dwelling Unit $3,005.00 ~ Per Multifamily Dwelling Unit . 0.00 (Ocd. 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 Aubum City Code is hereby amended to read as foll'ows. 19.02.120 Impact fee calculation and schedule for the Aubum 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 Aubum city council as an element .of the Aubum comprehensive plan. The calculation is the determination of the appropriate proportionate share of the costs of public school capital facilities needed to serve new g- rowth 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; 2-9482011, the school impact fee shall be as follows: Pe-r Single-Family Dwelling Unit '$9 5 266.33 ~ Per Multifamily Dwelling Unit $1,184.71- 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 Aubum comprehensive plan. TFie 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 iactors defined in ACC 19.02.020. ( Effective January 1, 291-92011, the school impact fee shall be as follows: ~ Per Single-Family Dwelling Unit $6;3949&- 5 486.00 ~ Per Multifamily Dwelling Unit 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 Aubum 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 Aubum 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 19.02A20: ~ Effective January 1, 2=2011, the school impact fee shall be as follows: ~ Per Single-Family Dwelling Unit $3,832.09- 4 014.00 ~ Per Multifamily Dwelling Unit $2,114-99- 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 fve days from and after its passage, approval and publication as provided by law. Ordinance No. 6340 December 13, 2010 Page 6 ofi7 INTRODUCED: DEC 2 0 2010 PASSED: DEC 0 2010 APP OVED: 2010 ~ i PETER B. LEWIS; MAYOR ATTEST: Danielle E. Daskam, Cify Clerk APPR ED AS TO FORM: D`el B. Heid, ity Att ney . ~ Ordinance No. 6340 ~ December 13, 2010 Page 7 of 7