School sues Arlington on impact fees

By Eric Stevick

Herald Writer

ARLINGTON — The Arlington School District is taking the city to court over $311,400 it had to pay in traffic impact fees to get a development permit to build a new high school.

Among other things, the school district argued that the Arlington City Council relied on "erroneous information" during a Jan. 7 hearing in which the fees were approved, according to court papers filed last week.

The council decision followed a "closed record hearing" in which the district was not allowed to testify before the council. The council was merely reviewing the decision made by the city’s planning commission.

Linda Byrnes, the school district superintendent, said she considered it her "fiduciary responsibility" to appeal the council decision. Superior court was the next venue in the appeal process. The money comes from a $54 million school construction bond measure that voters approved in 2000. The bond package included the new high school.

"Obviously, we are disappointed they have done that," said Kristin Banfield, the city administrator. Banfield said the city was merely following its policies.

Arlington assesses a traffic impact fee of $1,038 for each new vehicle that a development adds to local roads. The district has argued that the fees were too high because many of those trips already existed and would just be moved from the current high school to the new one.

City officials previously said they fear setting a precedent of allowing the transfer of trips that could be sought by developers pursuing other major projects.

In September, according to court records, the planning commission found no special circumstances existed that would justify cutting the traffic mitigation fees, and the district shouldn’t be given credit for transferring trips to the new high school, which will be built about 1.7 miles south of the old one.

The school district also argues that it is already making improvements to compensate for increased traffic near the new high school. The efforts include installing a traffic signal at the intersection of Highway 9 and Crown Ridge Boulevard, road improvements to Crown Ridge and the dedication of 30 feet of district property to provide emergency access to the campus.

The traffic signal cost about $350,000 with $200,000 paid by the district and $150,000 from a state Department of Transportation grant being administered by the city.

"We are paying for all the traffic impact," Byrnes said.

Attorneys for the city could not be reached for comment. A preliminary hearing has been set for March 7 in Snohomish County Superior Court.

You can call Herald Writer Eric Stevick at 425-339-3446 or send e-mail to stevick@heraldnet.com.

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