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HomeMy WebLinkAbout6445 ORDINANCE NO 6 4 4 5 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 and collects school impact fees on behalf of certain school districts located or located in part within the City of Auburn; and WHEREAS, the Auburn School District, Dieringer School District, Federal Way School District, and the Kent 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 2012 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 Auburn School District issued a Determination of Non- Significance for the 2012 - 2018 Auburn School District Capital Facilities Plan May 8, 2012; the Dieringer School District issued a Determination of Non- Significance for the 2013-2018 Dieringer School District Capital Facilities Plan March 12, 2012, the Federal Way School District issued a Determination of Non-Significance for the 2013 Federal Way School District Capital Facilities Plan May 11, 2012; and the Kent School District issued a Determination of Non-Significance for the 2012-2013 through 2017-2018 Kent School District Capital Facilities Plan May 29, 2012, and - - - - - - - - - - - - - - - - - - Ordinance No. 6445 November 28, 2012 Page 1 of 7 WHEREAS the City of Auburn issued a Determination of Non-Significance (DNS) on September 10, 2012 for the City of Auburn Year 2012 city-initiated comprehensive plan map and text amendments (File No SEP12-0023) that incorporated by reference the previous threshold determinations by the Auburn School, Dieringer School District, Federal Way School District and the Kent 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 October 16, 2012 conducted public hearings on the proposed Auburn School District 2012-2018 Capital Facilities Plan, the proposed Dieringer School District 2013 - 2018 Capital Facilities Plan; the proposed Federal Way School District 2013 Capital Facilities Plan; and for the proposed Kent School District 2012-2013 through 2017-2018 Capital Facilities Plan, and WHEREAS, following the conclusion of the public hearing on October 16, 2012, and subsequent deliberations, the Auburn Planning Commission, following individual positive motions, made separate recommendations to the Auburn City Council on the approval of the Auburn School District 2012-2018 Capital Facilities Plan, the Dieringer School District 2013 - 2018 Capital Facilities Plan; the Federal Way School District 2013 Capital Facilities Plan, and for the Kent School District 2012-2013 through 2017-2018 Capital Facilities Plan; and WHEREAS, the Auburn City Council considered the recommendations of the Auburn Planning Commission at a regularly scheduled meeting on December 17, 2012, and a positive motion approved the Auburn School District 2012-2018 Capital Facilities - - - - - - - - - - - - - - - - - - Ordinance No 6445 November 28, 2012 Page 2 of 7 Plan, the Dieringer School District 2013 - 2018 Capital Facilities Plan, the Federal Way School District 2013 Capital Facilities Plan; and the Kent School District 2012-2013 through 2017-2018 Capital Facilities Plan, and WHEREAS, on December 17, 2012 the Public Works Committee of the Auburn City Council at a regularly scheduled meeting reviewed the Planning Commission's recommendations; and WHEREAS, on December 17, 2012 the Finance Committee of the Auburn City Council at a regularly scheduled meeting reviewed the Planning Commission's recommendations, and WHEREAS, on December 10, 2012 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 Auburn School District; Dieringer School District, Federal Way School District, and the Kent 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 - - - - - - - - - - - - - - - - - - Ordinance No. 6445 November 28, 2012 Page 3 of 7 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 17, 2012, 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 10, 2012. 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, 2-n2013 or the effective date of this ordinance whichever is later, the school impact fee shall be as follows. Per Single-Family Dwelling Unit $390-093,005.00 Per Multifamily Dwelling Unit $000 (Ord 6393 § 1, 2011, Ord 6341 § 2, 2011, Ord. 6340 § 1, 2010; Ord. 6279 § 1, 2009; Ord. 6214 § 1, 2008; Ord. 6134 § 1, 2007, Ord. 6060 § 1, 2006, Ord. 5950 § 2, 2005 ) - - - - - - - - - - - - - - - - - - Ordinance No. 6445 November 28, 2012 Page 4 of 7 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 be funded by school impact fees based on the factors defined in ACC 19 02.020 Effective January 1, 281- 2013 or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single-Family Dwelling Unit $5;486-98 5 511.69 Per Multifamily Dwelling Unit $222 3 380.26 (Ord. 6393 § 2, 2011, Ord 6341 § 2, 2011, Ord. 6340 § 2, 2010; 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 - - - - - - - - - - - - - - - - - - Ordinance No 6445 November 28, 2012 Page 5 of 7 Effective January 1, 2012 2013 or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single-Family Dwelling Unit $5,48600 Per Multifamily Dwelling Unit $3,378.00 Ord. 6393 § 3, 2011, Ord. 6341 § 2, 2011, Ord 6340 § 3, 2010; 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. 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, 201-2-2013 or the effective date of this ordinance whichever is later, the school impact fee shall be as follows: Per Single-Family Dwelling Unit $4,014 00 Per Multifamily Dwelling Unit $1,253. )G 1 381.00 (Ord. 6393 § 4, 2011, Ord. 6341 § 2, 2011, Ord 6340 § 4, 2010; 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 - - - - - - - - - - - - - - - - - - Ordinance No 6445 November 28, 2012 Page 6 of 7 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 INTRODUCED- DEC 17 2012 PASSED- DEC 17, 2012 APPRO DE'C 17 2041 PETER B E IS, MAYOR ATTEST Da'nielle E. Daskam, City Clerk APPROVED AS TO FORM: niel B. id, City Attorn y - - - - - - - - - - - - - - - - - - Ordinance No 6445 November 28, 2012 Page 7 of 7