HomeMy WebLinkAboutITEM IV-Bcrnr or
AGENDA BILL APPROVAL FORM
# WASHINGTON
Agenda Subject: Ordinance No. 6371 to extend the effective date of
Date: August 8, 2011
Ordinance No. 6183, the conditional approval of a subarea plan, and
Comprehensive plan and zoning changes for Robertson Properties
Group (RPG)
Department: Planning and
Attachments: Ordinance No. 6371
Budget Impact: None
Development Deptartment
and Draft Policy Review and Action
Schedule
Administrative Recommendation: PCD Committee to discuss and consider recommending to the City
Council adoption of Ordinance No. 6371.
Background Summary:
For the last several years, the City of Auburn has been negotiating with Robertson Properties Group
(RPG) on future development of approximately 60 acres located east of Auburn Way North, west of the
extension of I ST NE, south of S 277th ST, and North of 45th ST NE consisting of the Valley 6 Drive-In
Theater site and surrounding properties owned by Robertson Properties Group (RPG) and hereafter
referred to as the Auburn Gateway Project. The efforts around these negotiations have included the
preparation of Environmental Impact Statement (EIS) documentation, amendments to the City's
Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use Commercial Zone (C-4),
preparation of a draft Development Agreement and preparation of a draft Planned Action Ordinance.
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). The zoning and comprehensive plan approvals have
been extended three times (Ordinance No 6219 extending to August 31 2009; Ordinance No. 6259
extending to August 31, 2010 and Ordinance No. 6321 extending to August 31, 2011.)
The continued effectiveness expires on August 31, 2011 unless the City Council authorizes an additional
extension. The comprehensive plan and zoning designations currently applied to the Auburn Gateway
Project are conditioned upon the successful execution of a development agreement between the City and
Robertson Properties Group. These designations do not become permanent until the City Council
conducts a public hearing and approves the development agreement.
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: Dixon
Meeting Date: August 8, 2011
Item Number:
Page 1 of 3
Agenda Subject: Ordinance No. 6371
Date: August 8, 2011
Planning and Development, Public Works and Legal Department staff has been actively working with
Robertson Properties Group to complete required studies, negotiations and documentation in order to
provide the City Council with substantive policy making opportunities that would facilitate the phased
development of the Auburn Gateway Project. There has been significant progress on the part of the City
and RPG since the Council's last extension authorization and staff will be seeking Council authorization
for a limited extension (maximum of six months - December 30, 2011) of the conditional comprehensive
plan and zoning designations for the Auburn Gateway Project. This limited extension will provide the City
Council, staff and RPG adequate opportunity complete negotiations, documentation and substantive
policy making.
Recent advancements include:
EIS Addendum
Subsequent to the original EIS work, RPG and the City have been working on an addendum to the 2004
Draft and Final EIS documents. This addendum is almost complete pending staff's final review of updated
traffic analysis. Once the staffs review is complete, the findings of the traffic analysis will be incorporated
into the EIS addendum and staff will issue the addendum in accordance with SEPA procedures.
Development Agreement (DA) Draft Preparation
As previously noted a development agreement approved by the City Council is needed in order to
permanently apply the comprehensive plan and zoning designations to the Auburn Gateway Project.
Staff from the Planning and Development, Public Works and Legal Departments has been working with
RPG to negotiate the elements of the development agreement. A key element of the development
agreement will be the incorporation of architectural and site design standards for the Auburn Gateway
Project to help realize a higher aesthetic quality of development. A draft of the development agreement
has been prepared and will be presented to the Planning and Community Development Committee and
other Council Committees for review and discussion in the near future.
Planned Action Ordinance (PAO) Draft Preparation
With the imminent completion of the EIS addendum, staff will propose that the mitigation measures
identified in the EIS that are intended to reduce or avoid probable and significant adverse impacts be
applied to the project by the City Council's adoption of a Planned Action Ordinance that would create a
new chapter in the City's Zoning Code.
Northeast Auburn Special Plan Area Update
Chapter 14 of the City's Comprehensive Plan identifies the Northeast Auburn Special Plan Area that
covers properties east of Auburn Way North, west of the extension of I ST NE, south of 277th ST and
north of approximately 45th ST NE (Exhibit 4). This Plan will be updated prior to the end of this year as
part of the City's 2011 Annual Comprehensive Plan docket to reflect the current development plans and
environmental documentation for the Auburn Gateway Project.
Draft Policy Review and Action Schedule
With the substantial completion of the drafts of the Development Agreement and Planned Action
Ordinance and near future issuance of the EIS addendum, a significant amount of work product needed
for substantive policy making by the City Council has been or will be completed. To help the Committee
and City Council understand the remaining work needed to be done staff has prepared a draft schedule
through the remainder of the year.
Page 2 of 3
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ORDINANCE NO. 6371
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
ORDINANCE NO. 6321 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, on August 16, 2010 the City Council passed Ordinance No.
6321 extending the effective date of Ordinance No. 6259 until August 31, 2011;
and,
WHEREAS, the City staff and the Project Proponents have conducted
substantive negotiations for the Development Agreement required by the
Ordinance such that it is ready to be presented to the City Council, have
substantively completed an Environmental Impact Statement addendum
necessitated by the Proponent's inclusion of additional properties within the
Ordinance No. 6371
August 1, 2011
Page 1 of 4
project area and necessitated by changes in circumstances over the intervening
time and have begun the process of seeking approval of the Development
Agreement and its associated Planned Action Ordinance through the City
Council; and
WHEREAS, staff believes that a limited extension of the deadline for
entering into a Development Agreement contained in Ordinance No. 6321 is
necessary for the City and the Proponent to complete all agreements, tasks and
legislative approval processes required of both parties to the Development
Agreement and as such, recommends said extension occur through December
30, 2011;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Section 1 of Ordinance No. 6321, amending Ordinance No.
6259, which amended Section 1 of Ordinance No. 6219, which amended Section
13 of Ordinance No. 6183 is amended to read as follows:
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 31 2Q1 I December 30, 2011.
Section 2. Code provisions renumbered. The Code revisier is
authorized and directed to renumber the provisions of Ordinance 6183 as
amended that are to be codified from "18.31" to "18.39."
Ordinance No. 6371
August 1, 2011
Page 2 of 4
Section 3. Code Amended. Ordinance No. 6183 and City Code
Chapter 18.39 is amended by adding a new section to read as follows:
18.39.060 Sunset provision.
The provisions of this Chapter shall automatically sunset, with no further
action of the City Council required, fifteen (15) years after the execution date of
the Development Agreement if the Development Agreement between the City
and Auburn Properties (or its successors) is terminated before the expiration
date set forth in the Development Agreement.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 5. 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 6. 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.
Ordinance No. 6371
August 1, 2011
Page 3 of 4
Section 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
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
Published:
Ordinance No. 6371
August 1, 2011
Page 4 of 4