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HomeMy WebLinkAboutO-1932 - (Vetoed)CIT Y 0 F MAR Y S V ILL E Marysville,washington ORDINANCE NO.J q 3J-: vek~cQ 1/2-5/q 3 N"1"ouerricl.....u:3. A ORDINANCE OF THE CITY OF MARYSVILLE ADOPTING A NEW MARYSVILLE MUNICIPAL CODE CHAPTER ~8.28,TO REQUIRE MITIGATION OF DEVELOPMENT IMPACTS ON SCHOOL FACILITIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,AS FOLLOWS: section ~.A new Chapter,Chapter ~8.28,"School Impact Mitigation,"is added to the Marysville Municipal Code as follows: CHAPTER 18.28 SCHOOL IMPACT MITIGATION sections: ~8.28.0~O ~8.28.020 ~8.28.030 ~8.28.040 ~8.28.050 ~8.28.060 ~8.28.070 Section ~8.28.0~O Purpose and Objective Definitions School District Certification Methodology and Procedure Appeals Severability Effective Date Purpose and Objective. a.Purpose and Objective.The provisions contained in this chapter are necessary for the protection and preservation of the pUblic health,safety and general welfare of the citizens of the City.The public school systems which serve City residents are unable to provide the facilities required to meet the educational needs of a rapidly growing community.The purpose of this chapter is to require that development proposals which generate a need for school facilities contribute to the costs of providing the facilities at standards established by the school districts in accordance with state guidelines. b.As a condition of City approval of all subdivisions and development,as defined herein,the City will require mitigation of adverse impacts on school facilities identified during the course of environmental review pursuant to the State Environmental Policy Act,RCW 43.2~C,the Marysville Environmental Policy Ordinance, Chapter ~8.20 MMC,and the Marysville Development Impact Mitigation Ordinance,Chapter ~8.24 MMC.School impact ORDINANCE -~ Imsvl/school.ord mitigation must be related to the school district's expansion costs which are a local obligation and are reasonably related to a proposed subdivision or development, and will reasonably benefit a proposed subdivision or development,as defined herein,and must be used to reduce local obligation costs.Funds sought by school districts pursuant to this chapter should not be substituted for funds that are available to the districts from other funding sources.Rather,impact mitigation pursuant to this chapter should complement state and local funding mechanisms. section 18.28.020 Definitions. a.Bus Fleet Impact. dollar amount of bus fleet that is reasonably related development. "Bus fleet impact"means the costs for the school district to a proposed subdivision or b.Development."Development"means all single- family residential and mUlti-family residential development, including mUlti-family rezones which require binding site plans,Planned Residential Developments,mobile home parks, condominiums,and all multi-family structures which require building permits and are sUbject to Marysville Municipal Code Chapters 18.20 and 18.24,but excluding remodeling or renovation permits which do not result in additional dwelling units. c.Development Mitigation Formula."Development mitigation formula"means a set of formulae by which is determined the dollar value of mitigation required to offset subdivision and development impacts on the school district's cost for land acquisition,local effort construction,and bus fleet.The formula is used to calculate for the school district the per-student and/or per-dwelling-unit cost for each of these impact elements. d.Land Acquisition Cost."Land acquisition cost" means land cost per acre,determined in accordance with generally accepted real estate appraisal standards and practice,for school facilities projected as needed according to the school district's annual capacity analysis submitted pursuant to section 18.28.030(a). e.Land Acquisition Impact."Land acquisition impact" means the dollar amount of land acquisition cost to the school district that is directly related to a proposed subdivision or development. f.Lead Department."Lead Department"shall mean the Marysville Planning Department. ORDINANCE - 2 Imsvl/school.ord g.Local Effort."Local effort"means the local funding percentage required for elementary and junior and senior high school facilities in accordance with state Board of Education requirements. h.Local Effort Construction Cost Impact."Local effort construction cost impact"means the dollar amount of the district's local effort construction costs using the construction cost indicators from the Boeckh Index as set forth in WAC 180-27-060 as now adopted or hereafter amended, and minimum square footage requirements set forth in WAC 180-27-035 as now adopted or hereafter amended,or the district's documented cost to reopen presently unoccupied schools,that is directly related to a proposed subdivision or development. i.New Bus Cost."New bus cost"means the mid-range price for buses which have the seating capacity used by the district,based upon documented need and the vehicle mix employed by the district to meet that need. j.permitting Agency."Permitting agency"means the City of Marysville. k.Population Impact Calculation."Population impact calculation"means a calculation based on studies conducted by,or for,the school district,which determines specific pUblic school student generation rates for each type of development and student population configuration by level within the district. 1.Runs Per Bus."Runs per bus"means the average number of runs per bus in the school district,to be determined from data contained in Superintendent of Public Instruction Report Form No.1026A. m.School District/District."School District"and "District"mean the Marysville School District Number 25. n.Student Busing Factor."Student busing factor" means the percentage of the school district's student population that is bused,as determined from data contained in Superintendent of Public Instruction Report Form No. 1026A. o.Subdivision."Subdivision"means all subdivisions as defined in Title 18 MMC,including all short subdivisions which are sUbject to SEPA,RCW 43.21C,and Chapters 18.20 and 18.24 MMC. p.Unacceptable Impact Level."Unacceptable impact level"means a documented deficiency in school district ORDINANCE - 3 Imsvl/school.ord facilities such that the district is,or would be required to alter its standard day or standard year in order to accommodate its existing or projected enrollment.For purposes of Chapters 18.20 and 18.24 MMC,an unacceptable impact level is a significant adverse environmental impact which cannot be sUfficiently mitigated by reasonable mitigation measures. q.Unhoused Students."Unhoused students"means students projected to be housed in portable classrooms (WAC 180-25-015 and -045),or classrooms where class size exceeds state standards or contractually negotiated standards within the school district. section 18.28.030 School District certification a.School District Eligibility.To qualify for impact mitigation pursuant to this chapter,the school district shall submit to the city on an annual basis a capacity analysis which demonstrates that the district is experiencing positive enrollment growth based upon a six- year growth projection estimate.The capacity analysis shall be based upon professionally accepted population projection methodologies consistent with standard projection methods and Marysville population estimate techniques,and verified by the City Planning Department.If,at some point during the projection period,after taking into account other known,available funding sources,the district is projected to have unhoused students,as defined herein,or inadequate bus seating capacity for projected enrollment, the district will be eligible for impact mitigation for those elements projected to be deficient.The school district's capacity analysis shall identify all deficiencies in student housing and bus seating adequacy existing prior to enactment of this ordinance,and prior to evaluating any development applications for mitigation fees required pursuant to this Chapter.No development applicant shall be required to contribute mitigation fees for deficiencies which exist prior to enactment of this ordinance. b.Annual certification Requirements.The district shall submit to the City on an annual basis an annually adjusted itemization of costs of the impact mitigation elements listed in Section 18.28.040(b),together with documentation in support thereof.The city Planning Department shall certify that the school district's documentation is complete and acceptable to the City. Annual certification shall be completed by July 31 of each year.The prior year's certified data shall apply until the new certification is given each year. ORDINANCE - 4 Imsvl/school.ord section 18.28.040 Methodology and Procedure. a.Mitigation of School Facility Impacts Required. Whenever the city of Marysville has approval authority over subdivisions and development as defined herein,approval will be contingent on the project proponent's documenting to the satisfaction of the City that the project's adverse impacts on existing primary and secondary public educational facilities identified during the course of environmental review have been mitigated as required by this chapter.The documentation shall consist of a letter from the school district stating that monetary or in-kind mitigation which meets the requirements of this chapter has been agreed to by the project proponent.The City shall determine independently whether the mitigation agreed to meets the requirements of this chapter.Payment of monetary or in- kind mitigation under this chapter shall be deemed to satisfy the requirements of RCW 58.17 requiring that adequate provision for schools be made. b.Impacts for Which Mitigation is Required. impact elements may qualify for mitigation pursuant chapter: Three to this 1.Local effort construction cost impact; 2.Land acquisition impact;and 3.Bus fleet impact. c.Method for Calculating Impact.The method and formulae for determining any required school impact mitigation is set out in Appendix 1 entitled Development Mitigation Formula Worksheet,which is adopted by reference. This formula shall be used to calculate the proportionate share of the costs of impacts to the district that are reasonably related to the development. d.School District Impact Area.The school district's administration has independent authority to adjust attendance boundaries within the district in order to best allocate district resources.Therefore,the service area for which subdivision and development impacts are computed pursuant to this chapter is the entire geographic area encompassed by the school district's boundaries. e.Cost Determination of Impact Mitigation.The lead department shall determine pursuant to this chapter and Chapters 18.20 and 18.24 MMC the dollar value of any school impact mitigation required by this chapter.The dollar value shall be set based upon the fees in effect at the time the City receives a complete application for development, including SEPA checklist and other information required by ORDINANCE - 5 Imsvl/school.ord City Code or policy that will enable the application to be approved or denied. f.comparable In Kind Mitigation option.The Development Mitigation Formula Worksheet will result in a quantification of the dollar amount required to mitigate the impacts of a subdivision or development.The district may consider an in-kind contribution of land only to satisfy the mitigation obligation.Land dedications equivalent in value to the dollar amount required for mitigation may be utilized if acceptable to the district.The acceptability of in- kind land mitigation shall be determined by the lead department pursuant to Chapters 18.20 and 18.24 MMC and this chapter. g.Credit for Pavment of Obligation Previously Incurred.The dollar value of in-kind mitigation shall be credited against the dollar amount of mitigation required pursuant to this chapter.If the dollar value of in-kind mitigation for any impact element exceeds the dollar amount required for mitigation for that element,the project proponent shall be reimbursed from impact mitigation monies paid for SUbsequent projects within the school district for impacts on the same impact element unless reimbursement is waived by the project proponent.The process and schedule for reimbursement shall be negotiated between the school district and the project proponent,committed to writing, and submitted to the city prior to preliminary approval of a SUbdivision,conditional approval of a short subdivision or issuance of a building permit for development.The district shall not be obligated to accept in-kind mitigation which will exceed the dollar amount of mitigation required by this chapter. h.Time of Performance/School District Confirmation. Payment of any required school impact mitigation shall be made prior to the recording of a final plat or short plat and in all other cases,prior to the issuance of a building permit;PROVIDED,however,that for subdivisions,as defined herein,the project proponent may elect to postpone payment until issuance of the building permit for each lot within the SUbdivision.The election to postpone payment shall be noted by a covenant placed on the face of the recorded plat or short plat and included in the deed for each affected lot within the subdivision.Confirmation of the discharge of a project proponents'mitigation obligation shall be transmitted in writing by the school district to the City Planning Department. When a subdivision or development is conditioned upon the performance of in-kind mitigation,a final plat or short plat shall not be recorded,and a building permit shall not ORDINANCE - 6 Imsvl/school.ord be issued for development,until the school district indicates in writing to the permitting agency that the project proponent has satisfactorily undertaken,or guaranteed to undertake,in a manner acceptable to the district,such in-kind mitigation. i.Trust Accounts.Impact mitigation required pursuant to this chapter shall be deposited by the City directly into an interest-bearing trust account,which shall be established for the school district.On a monthly basis, said funds shall be transferred to separate school district trust accounts,which shall be established for each of the impact elements identified in Section lS.2S.040(b). Thereafter,the school district shall administer allocation and disbursement of mitigation funds and shall be solely responsible for the accounting thereof.Funds deposited into these accounts shall be expended as provided in Section lS.2S.040(j).The city shall be entitled to retain one percent of all fees collected to cover the costs of administration of this ordinance.such administrative fees shall be nonrefundable.On not less than an annual basis, the school district shall provide a full accounting of all funds received and expended pursuant to this ordinance. j.Use of Impact Mitigation Funds.The district is authorized to utilize mitigation received pursuant to this chapter in the manner the district determines will best meet its educational service needs so long as the use will mitigate the impacts of the subdivision or development for which the mitigation was received and result in improvements to city-wide student housing and transportation conditions. Mitigation fees shall be expended from each account only in conformance with the district's capital facilities plan or annual certification documents.Mitigation fees shall be expended or encumbered for a use in conformance with the capital facilities needs as outlined in the district's annual certification documents in a manner which is reasonably related tOt and reasonably benefits,the development for which the fees were collected.All such mitigation fees shall be expended or encumbered within six (6)years of receipt,unless there exists an extraordinary and compelling reason for fees to be held longer than six years.Such extraordinary and compelling reasons shall be identified in written findings by the City Hearing Examiner and the Marysville city Council. In the event that mitigation fees are not expended or encumbered within six (6)years of their receipt,for a permissible use/or unless there is not a finding of extraordinary and compelling reasons for the fees to be held longer,the current owner of property on which the ORDINANCE - 7 Imsvt/schoot.ord mitigation fee has been paid shall receive a refund, including any interest at the rate established by state law as applying to jUdgments.provided,however,the Owner shall not be entitled to the 1%administrative fee as provided in section 18.28.040(i).In determining whether impact fees have been encumbered,mitigation fees shall be considered encumbered on a first in,first out basis.The City shall notify potential claimants (current owner)by first class mail deposited with the United states Postal Service at the last known address if funds have not been encumbered within the aforementioned six-year time period. k.Validity of Pre-existing Agreements.written voluntary mitigation agreements between the school district and a project proponent which have been executed prior to the effective date of this chapter shall be accepted as satisfying the mitigation requirements of this chapter for those phases of a subdivision or development addressed by the written agreement. 1.Unacceptable Impact Levels.When it is determined pursuant to this chapter that a proposed subdivision or development will result in an unacceptable impact level within the school district,the city may issue a Determination of Significance,pursuant to WAC 197-11-360. In the event that environmental review of the project through environmental impact statement preparation demonstrates that unacceptable impact levels cannot be mitigated,the city may deny the subdivision or development until the unacceptable impact level is remedied.When it is demonstrated pursuant to this chapter that,although present school facility capacity exists,school facilities cannot be provided quickly enough to avoid an unacceptable impact level at any point during the district's five-year enrollment projection period,the City may,through the SEPA process,deny a proposed subdivision or development until a remedy is identified for the projected unacceptable impact level.The school district shall document any existing or projected unacceptable impact level and provide written notification thereof to the city at the earliest possible date. section 18.28.050 Appeals. Appeals.Appeals of mitigation requirements imposed pursuant to this chapter shall be governed by the provisions of Chapter 18.20.070 MMC. Section 18.28.060 Severability. Severability.If any provision of this chapter or its application to any person or circumstance is held to be ORDINANCE - 8 /msvl/school.ord invalid,such decision shall not affect the rema~n~ng provisions of this chapter or its application to other persons or circumstances. PASSED by the city council and APPROVED by the Mayor this 11th day of January,1993. CITY OF MARYSVILLE MAYOR By -=-=== Attest: CITY CLERK By --==~== Approved as to form: Date of Publication: Effective Date (5 days after publication): Valid:(10 days after city council Action if not approved and signed by Mayor) ORDINANCE - 9 /msvl/school.ord