HomeMy WebLinkAboutO-2806 - Amends Sec. 15.12.010 and 18C.12.040, development fees (Repealed by 2852)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.;J...80L
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATING TO DEVELOPMENT FEES AND AMENDING SECTIONS
15.12.010 AND 18C.12.040 OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS, the City periodically reviews and amends its development fees to ensure recovery
of the majority of its costs related to development services;
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 18Cl0.0l0 by the adoption of Ordinance No. 2306 on December
21,1999; and further amended MMC 18Cl0.0l0 by the adoption of Ordinance No. 2316 on
March 13, 2000 and MMC 18Cl0.01 0 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, Section 18C12.040, Reimbursementfor city administrative costs, legal expenses,
and rifund pcryments, stipulates that that city's costs of administering the impact fee program
shall be paid by the applicant to the city as part of the development application fee; and
WHEREAS, the City of Marysville wishes to recover its costs of administering the
impact fee program by establishing an administration fee as part of its development fee
structure; and
WHEREAS, the Marysville Planning Commission held a public workshop 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 18Cl0.0l0;
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 lSC.12.040 is amended to read as follows:
18C.12.040 Reimbursement for city administrative costs, legal expenses, and refund
payments.
(1) Each participating school district shall enter into an agreement with the city of
Marysville providing for such matters as the collection, distribution and expenditure of fees
and for reimbursement of any legal expenses and staff time associated with defense of this
chapter as more specifically set forth in an interlocal agreement between the city and a
school district, and payment of any refunds provided under MMC lSC.12.030. The city's
costs of administering the impact fee program shall be paid by the applicant to the city as
part of the development application fee. Said fee shall be as set forth in Chapter 15.12 MMC
and shall be an amount that approximates, as nearly as possible, the actual administrative
costs of administering the school impact fee program.
Section 2.Marysville Municipal Code Section 15.12.010, the fee table is supplemented as follows:
Type of Activity Fee
School impact fee administrative
charge
50.00jsingle
family or
duplex, or
$100/apartment
building.
Severability. If any 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 day of _
___,2009.
CITY OF MARYSVILLE
By _
DENNIS KENDALL, MAYOR
ATTEST:
By _
TRACY JEFFRIES, CITY CLERK
Approved as to form:
By _
GRANT K. WEED, CITY ATTORNEY
Date of Publication: _
Effective Date (5 days after publication):
927 Quinn Avenue NE
Marysville, WA 98270
360-659-7252
Testimony to the
Snohomish County Planning Commission
10 November, 2009
I want to paraphrase something your mothers may have said to you once. If Snohomish County
jumped off a bridge, would you do it too? Your parents may have also told you that two wrongs
don't make a right....
Seems the purpose of this subsidy is to encourage the construction of more new houses in the City.
Has anyone counted the existing homes for sale right now??
Do you really want Marysville to be known as a great place to make a killing as a builder, but a
terrible place to send your children to school??
It's high time that developers be compelled to pay the TRUE cost for the impacts of their industry.
Marysville has shown leadership by discounting impact fees less than Snohomish County does. If the
discount is to be changed at all, it should be eliminated altogether.
Finally, I'm here to remind you that growth for its own sake is the ideology of the cancer cell. Why is
it accepted as a given that we ought to encourage "housing growth" at all??!
Sincerely,
Katherine Johnson, DVM
Alaster Build~r, A,sociation
'of King and Snohomish Counties
335 116th Ave. SE
.Bellevue. Washinglon 9800-1
(-115) 451-7920 / (800) 522-2209-(425) 646-5985
.Q~ Years of Building Community IIl__ .._-.J.,{l\'.l\',_lYh\:i1tlJ1J.iiL\.knlniQ~\.:Q
November 10. 2009
Marysville Planning Commission
1049 State Awnue
Marysville. WA 98270
Re: School Impact Fees and Mitigation
Dear Commissioners,
On behalf of the 4.000 member companies of the Master Builders Association of King
and Snohomish Counties (MBA) I am writing to urge your support for the proposed
changes to school impact fees.
While MBA strongly supports schools, change to Marysville's existing impact fee
structure is needed. especially in light of the current housing crisis.
As you know. increasing the discount rate for existing fees will help bring Marysville's
rates closer to those of surrounding jurisdictions.
Housing is a key component to our local economy. The current crisis has slowed new
housing starts dramatically, costing jobs and local income.
Because of the ongoing difficulties homebuilders face in obtaining credit. every dollar
saved is crucial. Financing is either not available or very difficult to get. Many developers
must finance "out of pocket."
It is our firm belief that changes such as the one proposed will help revive a slumping
housing market which benefits everyone.
We thank you for your consideration and urge your positive recommendation of the
school impact fee ordinance.
Sincerel)". ·l~$--
Mike Pattison
NOl1h Snohomish County Manager
CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. _
AN ORDINANCE OF THE CITY OF MARYSVILLE, WASHINGTON,
RELATING TO DEVELOPMENT FEES AND AMENDING SECTIONS
15.12.010 AND 18C.12.040 OF THE MARYSVILLE MUNICIPAL CODE.
WHEREAS, the City periodically reviews and amends its development fees to ensure recovery
of the majority of its costs related to development services;
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 18C.l0.010 by the adoption of Ordinance No. 2306 on December
21, 1999; and further amended MMC 18C.l0.010 by the adoption of Ordinance No. 2316 on
March 13, 2000 and MMC 18C.l0.010 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, Section 18C.12.040, Reimbursementfor city administrative costs, legal expenses,
and refund pqyments, stipulates that that city'S costs of administering the impact fee program
shall be paid by the applicant to the city as part of the development application fee; and
WHEREAS, the City of Marysville wishes to recover its costs of administering the
impact fee program by establishing an administration fee as part of its development fee
structure; and
WHEREAS, the Marysville Planning Commission held a public workshop 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.l0.01O;
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.12.040 is amended to read as follows:
18C.12.040 Reimbursement for city administrative costs, legal expenses, and refund
payments.
(1) Each participating school district shall enter into an agreement with the city of
Marysville providing for such matters as the collection, distribution and expenditure of fees
and for reimbursement of any legal expenses and staff time associated with defense of this
chapter as more specifically set forth in an interlocal agreement between the city and a
school district, and payment of any refunds provided under MMC 18C.12.030. The city's
costs of administering the impact fee program shall be paid by the applicant to the city as
part of the development application fee. Said fee shall be as set forth in Chapter 15.12 MMC
and shall be an amount that approximates, as nearly as possible, the actual administrative
costs of administering the school impact fee program.
Section 2.Marysville Municipal Code Section 15.12.010, the fee table is supplemented as follows:
Type of Activity Fee
School impact fee administrative
charge
50.00/single
family or
duplex, or
$100/apartment
building.
Severability. If any 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 J..!i!!'day of f)Jl~
__,2009.
7
DENNIS KENDALL, MAYOR
:~~TRACY JE , CI CLERK
Approved as to form:
By A~c.~
GRANT K. WEED, CITY ATIORNEY
Date of Publication: .fl-"2.'3-{) C;
Effective Date (5 days after publication): tz-1..f"-D 5