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AGENDA BILL APPROVAL FORM
# WASHINGTON
Agenda Subject: Ordinance No. 6321 to extend the effective date of
Date: July 20, 2010
Ordinance No. 6259, the conditional approval of a subarea plan, and
Comprehensive plan and zoning changes for Robertson Properties
Group (RPG)
Department: Planning and
Attachments: Ordinance No. 6321
Budget Impact: None
Development Dept.
Administrative Recommendation: PCD Committee to discuss and consider recommending to the City
Council adoption of Ordinance No. 6321.
Background Summary:
On June 16, 2008 the Auburn City Council passed Ordinance No. 6183 which amended the City's
Comprehensive plan (map and text), zoning (map and text) and included the adoption of a sub-area plan
related to the development of the Auburn Gateway Project at the Valley 6 Theater site and surrounding
properties by Robertson Properties Group (RPG).
Subsequently, on December 1, 2008 the City Council passed Ordinance No. 6219 extending the effective
date of Ordinance No. 6183 until August 31, 2009. Then on August 17, 2009 the City Council passed
Ordinance No. 6259 extending the effective date until August 31, 2010.
Robertson Properties Group is working with the City's Planning, Public Works, and Legal Departments in
revisions to the development agreement. The City is currently redrafting the development agreement.
In addition to the economic conditions, other factors that support the extension include the acquisition in
2007 & 2008 by Robertson Properties Group of 11 acres located west of the Valley 6 Drive In Theater
site. An addendum to the previous Final Environmental Impact Statement (EIS) is currently being
prepared to address impacts of the development of the additional 11 acres and project phasing.
Also, the city's adoption of new floodplain regulations may affect the proposal. Unless future project is
otherwise exempt under the provision of ACC 15.68.130, the project is located in a Special Flood Hazard
Area (SFHA) and Riparian Habitat Zone (RHZ) and would be required to obtain a City of Auburn
Floodplain Development Permit, including the submittal of a habitat impact assessment report.
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑ Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Norman
Staff:
Meeting Date: July 26, 2010
Item Number:
Am=
ORDINANCE NO. 6321
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
ORDINANCE NO. 6259 TO EXTEND THE
EFFECTIVE DATE
WHEREAS, on June 16, 2008 the Auburn City Council passed Ordinance
No. 6183 which amended the City's Comprehensive plan (map and text
amendments), zoning (map and text amendments) and included the adoption of
a sub-area plan related to the development of the Auburn Gateway Project by
Robertson Properties Group (RPG) (the Project Proponents); and
WHEREAS, on December 1, 2008 the City Council passed Ordinance No.
6219 extending the effective date of Ordinance No. 6183 until August 31, 2009;
and
WHEREAS, on August 17, 2009 the City Council passed Ordinance No.
6259 extending the effective date of Ordinance No. 6219 until August 31, 2010;
and
WHEREAS, the City and the Project Proponents are still negotiating the
Development Agreement required by the Ordinance; and
WHEREAS, staff recommends extending the deadline by 12 months;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Section 1 of Ordinance No. 6259, amending Section 1 of
Ordinance No. 6219 and amending Section 13 of Ordinance No. 6183 is
amended to read as follows:
Ordinance No. 6203
September 8, 2008
Page 1 of 3
Section 13. Effective Date. This ordinance shall take effect and be
in force five days from and after its passage, approval, and publication as
provided by law; provided, that this ordinance shall not take effect unless
the City and RPG executed a development agreement for the Auburn
Gateway Project by August 1 2009 August 31 201 Q August 31, 2011.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 3. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being hereby
expressly declared that this Ordinance and each section, subsection, sentence,
clause and phrase hereof would have been prepared, proposed, adopted and
approved and ratified irrespective of the fact that any one or more section,
subsection, sentence, clause or phrase be declared invalid or unconstitutional.
Section 4. Recordation. Upon the passage, approval and publication of
this Ordinance as provided by law, the City Clerk of the City of Auburn shall
cause this Ordinance to be recorded in the office of the King County Records,
Elections and Licensing Services Division.
Section 5. Effective Date. This ordinance shall take effect and be
in force five (5) days from and after its passage, approval and publication, as
provided by law.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
Ordinance No. 6203
September 8, 2008
Page 2 of 3
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published:
Ordinance No. 6203
September 8, 2008
Page 3 of 3