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A. The following development activity shall be exempted from the payment of TrIFs:

1. The council has identified the city center as a development activity with broad public purposes. The city of Lynnwood city center sub-area plan identified that the goal for the city center is to create, within 20 years, a compact, intense and lively city center that offers Lynnwood new opportunities for culture, commerce and habitation. City center objectives include restructuring the city center’s growth toward a more concentrated, mixed-use, pedestrian friendly and transit supportive center, developing a distinct, strong identity for the Lynnwood city center, creating an attractive, functional and comfortable place for Lynnwood residents to live, work and play.

Page 14 of the sub-area plan states: “The City will need to take leadership in encouraging new investments as the City Center will not redevelop without this.” Furthermore, page 79 of the sub-area plan cites policy CCE 9: “Attract Investment: Attract private and public investment for new development projects and redevelopment of existing properties.” In consideration of the sub-area plan objectives and policies and the broad public benefits of city center, the following exemption has been established to act as a city center catalyst:

The first three development activities which receive development approval following the date the ordinance codified in this chapter becomes effective; provided, that they meet the following criteria:

a. Located within the city center – core (CC-C), city center – west (CC-W), and city center – north (CC-N) districts as defined in Chapter 21.60 LMC; and

b. Meets the intent of the city center sub-area plan and complies with the city center development regulations outlined in Chapter 21.60 LMC and city center design guidelines; and

c. Four stories or more in above-grade elevation; and

d. A minimum of 60 percent of the parking required for the development activity must be located in a structure and/or below ground; and

e. Completion of a development agreement between the city and the applicant for the development activity.

Said exemption shall be limited to $600,000 of TrIF assessments for any one of the three eligible development activities. If the TrIF assessment exceeds $600,000 for any one of the three eligible development activities, the applicant shall be responsible for the amount of TrIF assessment above $600,000.

2. Alteration or replacement of an existing residential or nonresidential structure that does not expand the usable space or add any residential units.

3. Any legal accessory dwelling unit approved under LMC Title 21, Zoning, as it is considered part of the single-family use associated with this fee.

4. Miscellaneous improvements which do not generate increased p.m. peak hour trips including, but not limited to, fences, walls, residential swimming pools, and signs.

5. Demolition or moving of a structure when additional p.m. peak hour trips are not generated.

6. A change of use that does not generate one or more p.m. peak hour trips.

7. Miscellaneous permits for activities which do not generate any new trips.

8. Rezones, comprehensive plan amendments, subdivisions, boundary line adjustment and lot line eliminations, or any other land use permits.

9. Buildings or structures constructed by a regional transit authority pursuant to RCW 82.02.090.

10. Any building permit application that has been submitted to the city before 5:00 p.m. the business day before the effective date of the ordinance codified in this chapter that has been deemed complete based on the information on file as of the effective date of the ordinance codified in this chapter.

B. Pursuant to RCW 82.02.060, the city may provide exemptions for development activities with broad public purposes; provided, that the impact fees from such development activity shall be paid from public funds other than impact fee accounts. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in LMC 3.105.170. (Ord. 2850 § 3, 2010)