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HomeMy WebLinkAbout2012-006 CITY OF ARLINGTON ORDINANCE NO. 2012-006 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON TEMPORARILY SUSPENDING TRANSPORTATION IMPACT FEES AND UTILITY HOOKUP FEES RELATING TO CHANGES IN USE, AND CONTAINING A SUNSET PROVISION FOR THE EFFECTIVE TERM OF THE ORDINANCE WHEREAS,the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens; and WHEREAS, the City of Arlington wishes to encourage commercial development that is consistent with the City's Comprehensive Plan while recognizing the unusual financial climate that exists currently; and WHEREAS, the City municipal code contains provisions assessing transportation impact fees and utility connection fees relating to changes in use which the City Council wishes to suspend temporarily for a period of time from the adoption of the ordinance until December 31, 2013; and WHEREAS, the City Council finds that suspension of the usual and customary fees is desirable for the specific purpose of attracting redevelopment and commercial growth in certain locations within the City; NOW, THEREFORE, be it ordained by the City Council of the City of Arlington as follows: Section 1. Notwithstanding any other provision of the Arlington Municipal Code, the City temporarily suspends the imposition of transportation impact fees and utility connection fees under AMC 20.90.040 and AMC Chapter 13.12, respectively, when the following circumstances apply: (a) The assessment of the fee is solely the result of a change to a land use category that results in a higher fee; (b) The project will not add, increase or expand the gross floor area of an existing building, or increase water meter size (c) The project is only a change in use, renovation or remodeling of an existing structure or structures; (d) The project is not a redevelopment project or other project in which existing structures are replaced or substantially redeveloped by dollar amounts greater than 60% of the building value; (e) For utility connection fees only, the property is serviced by City of Arlington utilities and is located in areas zoned General Commercial (GC), Highway Commercial (HC), or Old Town Business District(CBD); and ORDINANCE NO. 2012-006 1 (f) The project is one for which a complete building application is filed with the City between May 1, 2012 and December 31, 2013. Section 2. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 3. Effective Date. The title of this ordinance, which summarizes the contents of this ordinance, shall be published in the official newspaper of the City. The ordinance shall take effect and be in full force five (5) days after the date of publication; provided, however, that unless extended by act of the City Council, this ordinance shall automatically expire on December 31, 2013. PASSED BY THE CITY COUNCIL AT A REGULAR MEETING THEREOF ON THE QJJDAY OF , 2012. CITY OF ARLINGTON By Barbara Tolbert, Mayor Attest: Kristin anfield, City Clerk Approved as to form: Ste en J. ei e, ' ttorney ORDINANCE NO. 2012-006 2 SUMMARY OF ORDINANCE ADOPTION You are hereby notified that on April 2, 2012, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2012-006 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON TEMPORARILY SUSPENDING TRANSPORTATION IMPACT FEES AND UTILITY HOOKUP FEES RELATING TO CHANGES IN USE, AND CONTAINING A SUNSET PROVISION FOR THE EFFECTIVE TERM OF THE ORDINANCE" This ordinance is effective five days from its passage and publication. The full text of the ordinance is available to interested persons and will be mailed upon request. Kristi anfield City Clerk City of Arlington CERTIFICATION OF ORDINANCE 1, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2012-006 was approved at the April 2, 2012 City Council meeting. ORDINANCE#2012-006 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON TEMPORARILY SUSPENDING TRANSPORTATION IMPACT FEES AND UTILITY HOOKUP FEES RELATING TO CHANGES IN USE, AND CONTAINING A SUNSET PROVISION FOR THE EFFECTIVE TERM OF THE ORDINANCE" A true and correct copy of the original ordinance is attached. Dated this 3rd day of April, 2012. Kristin field City Clerk for the City of Arlington