Ordinance 3791ORDINANCE NO. 3791
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 18.82 OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE TRAFFIC IMPACT FEES; UPDATING THE
CITY'S TRAFFIC IMPACT FEE SCHEDULE; CLARIFYING THE
APPLICATION OF THE TRAFFIC IMPACT FEE FOR
DEVELOPMENTS INVOLVING A CHANGE IN EXISTING USE BUT
NOT REQUIRING A SEPARATE BUILDING PERMIT; UPDATING
CODIFIED REFERENCES TO ADMINISTRATIVE OFFICIALS AND
DOCUMENTS ADOPTED BY REFERENCE; AUTHORIZING THE
PROMULGATION OF ADMINISTRATIVE GUIDELINES; SETTING
FORTH LEGISLATIVE FINDINGS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City 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, based upon said authority, the City has established the traffic
impact fee program presently codified at Chapter 18.82 ECDC; and
WHEREAS, in developing the impact fees contained in this ordinance for
public facilities, the City has provided adjustments for past and future taxes paid or to be
paid by the new development which are earmarked or proratable to the same new public
facilities that will serve the new development; and
WHEREAS, the City's Transportation Plan has recently been updated to
identify all of the intersections operating below the City's adopted Level of Service
standards; and
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WHEREAS, the City has recently commissioned a "Rate Study for Impact
Fees for Roads and Streets" dated October 29, 2009 (the "2009 Rate Study "), which is
hereby incorporated by reference; and
WHEREAS, the City Council desires to amend Chapter 18.82 ECDC in
order to reflect the 2009 Rate Study, the updated Transportation Plan, and changes in the
cost of land acquisition and construction, facility plan projects and anticipated growth
levels; and
WHEREAS, the City Council further desires to amend Chapter 18.82
ECDC in order to clarify the traffic impact fee's applicability to changes in property use
that create additional transportation impacts without necessarily involving a separate
development permit; to update codified references to administrative officials and
documents adopted by reference; and to make other minor housekeeping amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF
EDMONDS DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council adopts the above recitals as legislative
findings in support of this ordinance. The Council further finds as follows:
A. The amendments set forth in this ordinance are in the public interest and
will further the health, safety and welfare of the Edmonds community.
B. The amendments set forth in this ordinance are consistent with and will
implement the City's Comprehensive Plan.
C. The amendments set forth in this ordinance have been processed in
material compliance with all applicable state and local procedures.
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Section 2. Amendment of ECDC 18.82.020. Subsections (9), (19), and (22)
through (34) of Edmonds Community Development Code Section 18.82.020 are hereby
amended to provide in their respective entirety as follows:
18.82.020 Definitions.
9. "Director" means the Public Works Director or
the director's designee.
19. "ITE land use code" means the classification
code number assigned to a type of land use by the Institute
of Transportation Engineers in the Eighth Edition of Trip
Generation or current edition(s).
22. "Procedures guide" means the administrative
guidance document prepared by the director pursuant to
ECDC 18.82.150.
23. "Project improvements" means site
improvements and facilities that are planned and designed
to provide service for a particular development or users of
the project and are not system improvements. No
improvement or facility included in a capital facilities plan
adopted by the council shall be considered a project
improvement.
24. "Public facilities" means the public streets and
roads owned by the city of Edmonds or other governmental
entities.
25. "Rate Study" means the "Rate Study for Impact
Fee for Roads" City of Edmonds, dated October 29, 2009.
26. "Residential" or "residential development"
means all types of construction intended for human
habitation. This shall include, but is not limited to, single -
family, duplex, triplex, and other multifamily development.
This also includes the residential portion of mixed -use
developments.
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27. "Road" means a right -of -way which enables
motor vehicles, transit vehicles, bicycles and pedestrians to
travel between destinations, and affords the principal means
of access to abutting property, including avenue, place,
way, drive, lane, boulevard, highway, street, and other
thoroughfare, except an alley.
28. "Service area" means the entire corporate limits
of the city of Edmonds.
29. "Significant past tax payment" means taxes
exceeding five percent of the amount of the impact fee, and
which were paid prior to the date the impact fee is assessed
and were earmarked or proratable to the same system
improvements for which the impact fee is assessed.
30. "Square footage" means the square footage of
the gross floor area of the development.
31. "State" means the state of Washington.
32. "Street" is defined in ECDC 21.90.120.
33. "System improvements" means public facilities
that are included in the city of Edmonds capital facilities
plan and are designed to provide service to service areas
within the community at large, in contrast to project
improvements.
34. "Usable space" means any square footage
created by or added to a development that increases floor
area usable for residential, storage, commercial or business
purposes.
Section 3. Amendment of ECDC .18.82.030. Section 18.82.030 of the Edmonds
Community Development Code is hereby amended to provide in its entirety as follows:
18.82.030 Assessment and payment of impact fees.
A. Required. The city shall collect impact fees,
based on the rates in ECDC 18.82.120, from any applicant
seeking development approval from the city for any
development activity within the city as provided herein.
This shall include, but is not limited to, the development of
residential, commercial, retail, office, and industrial land,
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and includes the expansion or change of existing uses that
creates a demand for additional public facilities.
B. Timing and Calculation of Fees. Impact fees
shall be assessed based upon the road impact fee rates in
effect at the time of issuance of the building permit,
including but not limited to change of use permit, or
remodel permit. In the event the development activity does
not require a building permit, application of the chapter
shall be at the time of issuance of the business license.
Business license applications shall be filed pursuant to
Chapter 3.20 ECC.
1. For a change in use of an existing
building or dwelling unit, including any alteration,
expansion, replacement or new accessory building, the
impact fee shall be the applicable impact fee for the ITE
land use of the new use, less an amount equal to the
applicable impact fee for the ITE land use of the prior use,
established at the time the prior use was permitted. If the
previous use was permitted prior to the adoption of
Ordinance 3516 (effective date: 09/12/04), the 2004 ECDC
18.82.120 impact fee shall be used.
2. For mixed use developments, impact
fees shall be imposed for the proportionate share of each
land use based on the applicable measurement in the impact
fee rates set forth in ECDC 18.82.120.
3. Where the impact fees imposed are
determined by the square footage of the development, the
building official will establish the gross floor area created
by the proposed development.
4. Applicants that have been awarded
credits prior to the submittal of the complete building
permit application pursuant to ECDC 18.82.050 shall
submit, along with the complete building permit
application, a copy of the letter or certificate prepared by
the director pursuant to ECDC 18.82.050 setting forth the
dollar amount of the credit awarded.
C. Payment. Impact fees shall be paid at the time
the building permit or business license is issued by the city.
The department shall not issue the required building permit
or business license or other approval unless and until the
impact fees set forth in ECDC 18.82.120 have been paid in
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the amount that they exceed exemptions or credits provided
pursuant to ECDC 18.82.040 or 18.82.050.
Section 4. Amendment of ECDC 18.82.040. Subsection 18.82.040(A)(1) of the
Edmonds Community Development Code is hereby amended to provide in its entirety as
follows:
18.82.040 Exemptions.
A. Except as provided for below, the following
shall be exempted from the payment of all impact fees
under this chapter:
1. Alteration of an existing nonresidential
structure, that does not involve a change in use and
does not expand the usable space or add any
residential units.
Section 5. Amendment of ECDC 18.82.040. Subsection 18.82.040(A)(7) of the
Edmonds Community Development Code is hereby repealed in its entirety.
Section 6. Amendment of ECDC 18.82.120. Section 18.82.120 of the Edmonds
Community Development Code is hereby amended to provide in its entirety as follows:
18.82.120 Road impact fee rates.
The road impact fee rates in this section are
generated from the formula for calculating impact fees set
forth in the Rate Study, which is incorporated herein by
reference. Except as otherwise provided for independent
fee calculations in ECDC 18.82.130 of this Chapter,
exemptions in ECDC 18.82.040 and credits in ECDC
18.82.050, all new developments in the City will be
charged the road impact fee applicable to the type of
development as follows:
A. Light industrial, ITE Land Use Code 110: $ 1.50
per square foot.
B. Manufacturing, ITE Land Use Code 140: $ 1.12
per square foot.
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C. Mini - warehouse, ITE Land Use Code 151: $
0.40 per square foot.
D. Single family house, ITE Land Use Code 210: $
1,196.33 per dwelling unit.
E. Apartment, ITE Land Use Code 220: $ 776.56
per dwelling unit.
F. Condominium, ITE Land Use Code 230:
$629.65 per dwelling unit.
G. Mobile home, ITE Land Use Code 240: $
671.62 per dwelling unit.
H. Senior Housing, ITE Land Use Code 251:
$157.41 per dwelling unit.
1. Motel, ITE Land Use Code 320: $ 629.65 per
room.
J. Marina, ITE Land Use Code 420: $ 188.89 per
boat berth.
K. Movie theater, ITE Land Use Code 444: $ 2.48
per square foot.
L. Health / Fitness Club, ITE Land Use Code 492:
$ 2.78 per square foot.
M. High school, ITE Land Use Code 530: $ 0.82
per square foot.
N. Church, ITE Land Use Code 560: $ 0.69 per
square foot.
O. Day Care Center, ITE Land Use Code 565: $
6.57 per square foot.
P. Nursing home, ITE Land Use Code 620: $
199.39 per bed.
Q. General office, ITE Land Use Code 710: $ 2.07
per square foot.
R. Medical office, ITE Land Use Code 720: $ 3.81
per square foot.
S. Specialty Retail, ITE Land Use Code 814: $ 0.93
per square foot.
T. Shopping center, ITE Land Use Code 820: $
1.34 per square foot.
U. Supermarket, ITE Land Use Code 850: $ 4.80
per square foot.
V. Convenience Market 15 -16 hours, ITE Land
Use Code 852: $ 5.80 per square foot.
W. Drive -In Bank, ITE Land Use Code 912: $7.00
per square foot.
X. Restaurant: sit -down, ITE Land Use Code 932:
$ 4.70 per square foot.
Y. Fast food no drive up, ITE Land Use Code 933:
$ 9.19 per square foot.
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Z. Fast food with drive up, ITE Land Use Code
934: $ 11.23 per square foot.
AA. Coffee / Donut Shop, no drive -up, ITE Land
Use Code 936: $ 5.73 per square foot
AB. Coffee / Donut Shop, drive -up, no indoor
seating, ITE Land Use Code 938: $ 10.55 per square foot.
AC. Gas station with convenience, ITE Land Use
Code 945: $3,347.62 per vehicle fueling position.
Section 7. Addition of New ECDC Section 18.82.150. Chapter 18.82 of the
Edmonds Community Development Code is hereby amended by the addition of a new
Section 18.82.150 Procedures guide to provide in its entirety as follows:
18.82.150 Procedures guide.
The director is authorized to develop a procedures
guide to facilitate the city's administration and enforcement
of this chapter. The procedures guide shall be consistent
with the provisions of this chapter, shall be for the sole
convenience of the city, and shall not vest any rights in or
for any other person.
Section 8. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 9. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body is not subject to referendum and shall
take effect five (5) days after passage and publication of an approved summary thereof
consisting of the title.
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ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE Y AT ORNEY:
BY:
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 04 -16 -2010
PASSED BY THE CITY COUNCIL: 04 -20 -2010
PUBLISHED: 04 -26 -2010
EFFECTIVE DATE: 05 -01 -2010
ORDINANCE NO. 3791
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SUMMARY OF ORDINANCE NO. 3791
of the City of Edmonds, Washington
On the 20th day of April, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3791. A summary of the content of said ordinance, consisting of
the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
CHAPTER 18.82 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE
TRAFFIC IMPACT FEES; UPDATING THE CITY'S TRAFFIC IMPACT FEE
SCHEDULE; CLARIFYING THE APPLICATION OF THE TRAFFIC IMPACT FEE
FOR DEVELOPMENTS INVOLVING A CHANGE IN EXISTING USE BUT NOT
REQUIRING A SEPARATE BUILDING PERMIT; UPDATING CODIFIED
REFERENCES TO ADMINISTRATIVE OFFICIALS AND DOCUMENTS ADOPTED
BY REFERENCE; AUTHORIZING THE PROMULGATION OF ADMINISTRATIVE
GUIDELINES; SETTING FORTH LEGISLATIVE FINDINGS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE..
The full text of this Ordinance will be mailed upon request.
DATED this 21 st day of April, 2010.
,J.
ITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
Or E M ..
- SUMMARY OF ORDINANCE NO. 3791
of the City of Edmonds, WTshington
lac. 1S9�
On the 20th day of Ap l,:2010, the City Council of the Cit
Edmonds, passed Ordinance No. 3791'. A summary ,of the "con
of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGT,
AMENDING CHAPTER 18.82 OF THE EDMONDS COMMI IN
Affidavit of Publication
I S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
�t newspaper by order of the Superior Courtof Snohomish County and that the notice
Summary of Ordinance No. 3791
DE-
EXISTING USE BUT Traffic Impact Fees
PERMIT: - UPDATING P
AND DOCUMENTS ADOPTED BY REFERENCE; AUTHORIZING
THE PROMULGATION OF ADMINISTRATIVE GUIDELINES;
SETTING FORTH LEGISLATIVE FINDINGS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING ANEFFECTJVE DATE..
The full text of this Ordinance will be mailed upon request:
DATED.this 21st day of: April, p 2010.
c. CITY CLERK, SANDRA S. CHASE
Published: Aril 26. 2010. �
1 , EVE
APR 2 9 2010
1J.73LE F �, a 1 T aA.
Account Name: City of Edmonds
a printed copy of which is hereunto attached, was published in said newspaper proper and not in
supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
April 26, 2010
and that said newspa 'or was regularly distributed p its
Subscribed Ldsorn otobefore me this
day of April, 2010 ;,
Notary Public in and
County. � ..,I(
Account Number. 101A16
S�tifh 5 19'1
too,
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26th
at
during all of said period.
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