HomeMy WebLinkAbout07-28-2014 PLANNING AND COMMUNITY DEVELOPMENT AGENDA MODIFICATION 2 (PDF ONLY)CITY OF
Au&Ji
WASHINGTON
Memorandum
To: Councilmember John Holman, Chair, Planning and Community Development
Committee
Councilmember Largo Wales, Vice Chair, Planning and Community
Development Committee
Councilmember Yolanda Trout, Planning and Community Development
Committee
From: Jeff Tate, Assistant Director of Community Development Services
Elizabeth Chamberlain, ACIP, Planning and Design Services Manager
CC: Mayor Nancy Backus
City Clerk
Date: July 28, 2014
Re: Agenda Modification for the July 28, 2014 Meeting
This modification transmits the following agenda item(s):
ACTION ITEMS
III. B. Ordinance No. 6526* (Chamberlain)
An Ordinance of the City Council of the City of Auburn, Washington, amending
section 19.04.070 of the Auburn City Code relating to Traffic Impact Fee
Exemptions.
AUBURN * MORE THAN YOU IMAGINED
TO:
WASHINGTON
Memorandum
John Homan, Chair, Planning and Community Development Committee
Largo Wales, Vice - Chair, Planning and Community Development Committee
Yolanda Trout, Member, Planning and Community Development Committee
FROM: Jeff Tate, Assistant Community Development Director
Elizabeth Chamberlain, AICP, Planning and Design Services Manager
DATE: July 25, 2014
RE: Ordinance No. 6526 - Extension of the Traffic Impact Fee Exemption for the
Downtown Catalyst Area
Background
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 7, 2007, the City Council approved Ordinance No. 6089 establishing Section 19.04.070 (A.9)
of the Auburn City Code (ACC) 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. Council extended the exemption
again through Ordinance No. 6412 until June 30, 2014.
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.
The `Downtown Catalyst Area' is defined by (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 (see the attached
map).
Recommendation
Staff requests that the Planning and Community Development Committee recommend approval
to the full City Council extension of the traffic impact fee exemption until December 31, 2016.
Staff is requesting that the sunset date is at the end of the calendar year, which also aligns with
the City's fiscal year.
Attachments:
Draft Ordinance No. 6526
Downtown Catalyst Area Map
ORDINANCE NO. 6 5 2 6
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTION 19.04.070 OF THE AUBURN CITY CODE
RELATING TO TRAFFIC IMPACT FEE
EXEMPTIONS
WHEREAS, the City of Auburn 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 approved Ordinance No.
5506 entitled, "The City of Auburn Transportation Impact Fee Ordinance" and,
WHEREAS, Ordinance No. 5506 established a transportation impact fee
system for the 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 City 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. 6526
July 25, 2014
Page 1 of 5
WHEREAS, on December 18, 2006, the City Council approved Ordinance
No. 6068 extending the sunset date for the exemption for the Downtown Plan
Area for an additional six month period to June 30, 2007; and
WHEREAS, on May 7, 2007, the City 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 City 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, on May 17, 2010, the City Council approved Ordinance No.
6308 extending the sunset date for the `Downtown Catalyst Area' for an
additional two year period, to June 30, 2012; and
WHEREAS, on May 21, 2012, the City Council approved Ordinance No.
6412 extending the sunset date for the `Downtown Catalyst Area' for an
additional two year period, to June 30, 2014; and
WHEREAS, the City Council desires to continue the exemption of traffic
impact fees for the `Downtown Catalyst Area' even though the exemption has
sunset; and
WHEREAS, RCW 82.02.060 (2) states that local ordinances by which
impact fees are imposed may provide an exemption for development activities
Ordinance No. 6526
July 25, 2014
Page 2 of 5
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:
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(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.
Ordinance No. 6526
July 25, 2014
Page 3 of 5
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
December 31, 201/12016, 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.
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 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:
Ordinance No. 6526
July 25, 2014
Page 4 of 5
CITY OF AUBURN
NANCY BACKUS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Daniel B. Heid, City Attorney
Published:
Ordinance No. 6526
July 25, 2014
Page 5 of 5
Downtown Catalyst Area
1,-1W k LIJ I 11—
1
Printed Date:7/25/2014
N
Map Created by City of Auburn eGIS
Information shown is for general reference
purposes only and does not necessarily W \ E
Catalyst Area represent exact geographic or cartographic
data as mapped. The City of Auburn makes no
warranty as to its accuracy.
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