HomeMy WebLinkAboutO-2805 - Amends Sec. 18C.10.010, school impact fees (Repealed by 2852)CITY OF MARYSVILLE
~arysville, VVashington
ORDINANCE NO)$C~
AN ORDINANCE OF THE CITY OF MARYSVILLE, VVASHINGTON,
RELATING TO SCHOOL I~PACT FEES AND ~ENDINGSECTIONS
18C.l0.0l0 OF THE ~RYSVILLE~UNICIPALCODE.
WHEREAS, the State of Washington enacted the Growth Management Act ("GMA") in 1990
amending Chapter 82.02 RCW to authorize the collection of school impact fees on new
development under specified conditions, including the adoption by the City of a GMA
Comprehensive Plan as defined in RCW 36.70A; and
WHEREAS, the Marysville City Council adopted a GMA Comprehensive Plan on April 1,
1996, that included a policy commitment to consider the adoption of a GMA-based school impact
fee program (policy 10.S.6); and
WHEREAS, in April, 2005, the Marysville City Council approved Ordinance No. 2569,
adopting an update to the Comprehensive Plan that adopted the Lakewood and Lake Stevens
School Districts' 2004-2009 Capital Facilities Plans as a subelement to the City's Comprehensive
Plan; and
WHEREAS, on November 28, 2005, the Marysville City Council approved Ordinance No.
2605, adopting an update to the Comprehensive Plan that adopted the Marysville School District's
2005-2010 Capital Facilities Plan as a subelement to the City's Comprehensive Plan; and
WHEREAS, on March 9, 2009, the Marysville City Council approved Ordinance No. 2768,
adopting an update to the Comprehensive Plan that adopted the Marysville, Lakewood, and Lake
Stevens School Districts' 2006-2011 Capital Facility Plans as a subelement to the City's
Comprehensive Plan; and
WHEREAS, the State of Washington enacted the Growth Management Act in 1990
amending RCW 82.02 to authorize the collection of school impact fees on new development
under specified conditions, including the adoption by the City of Marysville of a GMA
Comprehensive Plan as defined in RCW 36.70A; and
WHEREAS, the Marysville City Council adopted Ordinance No. 2213 creating a GMA-based
school impact fee ordinance on November 23, 1998, which is designed to meet the conditions for
impact fee programs in RCW 82.02.050, et seq; and
WHEREAS, the Marysville City Council further amended the GMA-based school
impact fee formula,MMC 18C10.01 0 by the adoption ofOrdinance No.2306 on December
21, 1999; and further amended MMC 18C10.010 by the adoption of Ordinance No. 2316 on
March 13, 2000 and MMC 18C10.01O by the adoption of Ordinance No. 2332 on
September 11, 2000; and then readopted the provisions in Ordinance No. 2339 on
December 6, 2000; and
WHEREAS, the Marysville City Council directed City staff to review the current
GMA-based school impact fee formula and bring recommended changes to the formula
through the Planning Commission for review; and
WHEREAS, the Marysville Planning Commission held a public workshops on
September 9, 2009, on the draft code amendments; and
WHEREAS, the Marysville Planning Commission held a public hearing on
November 10, 2009 to consider the draft ordinance and amendment of MMC 18C.1O.010;
and
WHEREAS, the City Council was briefed by City staff on December 7, 2009 and
deliberated in an open public meeting on December 14, 2009 to consider the Planning
Commission's recommendations and proposed ordinance; and
WHEREAS, the Marysville City Council considered the entire hearing record
including the written and oral testimony submitted during the Planning Commission's
hearings, the Planning Commission's recommendation, and the written and oral testimony
submitted during the council hearings; and
NOW, THEREFORE, BE IT ORDAINED:
Section 1. Marysville Municipal Code Section 18C.10.01O is amended to read as follows:
18C.I0.0I0 Fee required.
(1) Each development activity, as a condition of approval, shall be subject to the
school impact fee established pursuant to this title. The school impact fee shall be calculated
in accordance with the formula established in Table 1 below. The school impact fee
calculated in accordance with the formula established in Table 1 of this chapter shall then be
multiplied by .50 to determine the school impact fee due and payable by the applicant.
Section 2. Severability. Ifany section, sentence, clause or phrase of this ordinance is held to be
invalid or unconstitutional by the Growth Management Hearings Board (Board) or 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. Provided,
however that if any section, sentence, clause or phrase of this ordinance is held to be invalid by the
Board or a court of competent jurisdiction, then the section, sentence, clause or phrase in effect
prior to the effective date of this ordinance shall be in full force and effect for that individual
section, sentence, clause or phrase as if this ordinance had never been adopted.
PASSED by the City Council and approved by the Mayor this I 'i)Aday of D.ac~
___,2009.
DENNIS KENDALL, MAYOR
Approved as to form:. n
By fJ~t..W~
" GRANT K. WEED, CITY ATTORNEY
Date of Publication: --1(,-'Zk:-...-.....:2:-3>-l--.....:D:::.-S..l.-_
Effective Date (5 days after publication):