HomeMy WebLinkAboutITEM VIII-A-2
AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance 5992, creating a new Chapter 14.21 of Date: 04-17-2006
the Auburn Citv Code related to development aQreements
Department: Planning I Attachments: Ordinance 5992 Budget Impact:
Administrative Recommendation: City Council to adopt Ordinance 5992
Background Summary:
In the past few years, the City has had increased numbers of residential subdivisions being proposed as
Planned Unit Developments (PUDs). PUDs are typically proposed to allow smaller lot sizes than would
otherwise be permitted in the existing zone district. In turn, a developer offers to provide additional site
amenities such as on-site parks, walking trails, architectural controls, alley-loaded lots, etc. Also, since
PUDs may occur at the maximum density allowed for the applicable Comprehensive Plan map
designation, a developer typically attains a greater number of building lots than would be possible if
developing according to the standards of the existing zone classification. According to the Zoning Code,
PUDs are expected to result "in a significantly higher quality development, generate more public benefit
and be a more sensitive proposal than would have been the case with the use of standard zoning or
subdivision procedures." These expectations are difficult to quantify in measurable development
standards. The City Council has the final authority to determine whether a PUD meets the expectations of
a PUD or not.
As an alternative to the PUD mechanism, Council has discussed using "development agreements"
instead. This process, authorized in the Washington State Growth Management Act, would allow the City
Council to be involved "up front," at the beginning of a project, rather than at the end. A development
agreement would establish the overall design parameters for a project, which, assuming a subdivision is
involved, would still require action by the Hearing Examiner and City Council. The primary difference in
this proposed process would be that the City Council will have already had some influence over the basic
nature of the project prior to reviewing it for the first time when a preliminary plat comes forward
The Development Agreement chapter may be adopted at this time without the concurrent abolishment of
the PUD chapter, in order to provide opportunities for its use for non-residential projects
03.6, A3.13.8
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
o Arts Commission COUNCIL COMMITTEES: o Building o M&O
D Airport o Finance o Cemetery o Mayor
o Hearing Examiner o Municipal Servo o Finance o Parks
o Human Services 181 Planning & CD o Fire 181 Planning
o Park Board OPublic Works o Legal o Police
o Planning Comm. o Other 181 Public Works o Human Resources
o Information Services
Action:
Committee Approval: OYes ONo
Council Approval: DYes ONo Call for Public Hearing _1---1_
Referred to Until _1_1-
Tabled Until _1---1_
Councilmember: Norman I Staff: Krauss
Meetina Date: April 17, 2006 1 Item Number: VIlI.A.2
AUBURN * MORE THAN YOU IMAGINED
ORDINANCE NO. 5 9 9 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, CREATING A NEW
CHAPTER 14.21 OF THE AUBURN CITY CODE,
RELATED TO DEVELOPMENT AGREEMENTS
WHEREAS, the current provisions of the Auburn City Code (ACC) include
an alternative to regular platting and zoning requirements through use of the
Planned Unit Development - ACC Chapter 18.69; and
WHEREAS, based on recent PUD - platting applications, the City Council
finds that although PUD's were intended to afford applicants flexibility in the
standards for their development, the benefits to the City and the community do
not always off-set the impacts stemming from the relaxation of the regular
standards for development; and
WHEREAS, it would therefore be more in keeping with the needs of the
City and the community to utilize a development agreement, as authorized by
Sections 36.70B.170 - 210 of the Revised Code of Washington (RCW), as an
alternative to PUDs, where the benefits, accommodations and their off-sets can
be negotiated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
1. ADDITION TO CITY CODE. That a new Chapter 14.21 of the
Auburn City Code is created to read as follows:
Ordinance No. 5992
April 11, 2006
Page 1 of 5
Chapter 14.21
Development Agreements
Sections:
14.21.010
14.21.020
14.21.030
14.21.040
14.21.050
Purpose.
Development agreements-Authorized.
Development agreements-Effect.
Development agreements--Recording--Parties and
successors
Development agreements--Public hearing.
14.21.010 Purpose.
There are instances when a property owner has a property or a
development plan that warrants considerations of alternatives in how the
development should proceed and in what standards should be used because of
unusual property characteristics or different development factors. This Chapter
provides an avenue through which the City could accommodate such unusual
property characteristics or different development factors.
A. Residential projects. The City may consider a development
agreement for an exclusively or primarily residential project in order to provide
enhanced flexibility to develop a site through innovative and alternative
development standards. A development agreement should allow for a greater
range of residential development scenarios, provides for internal transfers of
density, and may result in more dwelling units than may be realized by using the
existing standards of the existing zone. In exchange for this enhanced flexibility,
the city will require a development to be of significantly higher quality, generate
more public benefit and be a more sensitive proposal than would have been the
case with the use of standard zoning or subdivision procedures.
It will be the applicant's responsibility to demonstrate, to the city's
satisfaction, that a development proposal achieves or is consistent with the
following desired public benefits and expectations in whole or in part.
1. Preservation of Natural Amenities. Preservation of desirable site
characteristics such as open spaces and the protection of sensitive
environmental features including steep slopes, mature trees, rivers, creeks,
wetlands, lakes and scenic views.
2. Pedestrian Oriented Communities. Use of traffic management and
design techniques to reduce traffic congestion both within and in the vicinity of
the proposed development and to increase the potential use of alternative modes
of travel such as mass transit, pedestrian and bicycle traffic.
3. Land Use Efficiencies. Provide efficient and effective use of land,
open space and public facilities that result in lower development cost and make
housing more affordable.
4. Improved Transitional Areas. Improve the sensitive development of
transitional areas located between different land uses, environmentally sensitive
areas, and along significant corridors within the city.
Ordinance No. 5992
April 11, 2006
Page 2 of 5
5. Implementation of the Comprehensive Plan. Provide development
that is consistent with the goals and policies of the comprehensive plan.
6. Enhanced Design Features. Provide building and structural designs
that complement surrounding land uses and their environment. Design standards
should reflect quality site planning, landscaping and building architecture.
7. Creation of Public Amenities. Enhance parks and open spaces
consistent with the comprehensive park plan and non motorized plan.
B. Nonresidential or mixed use projects. The City may consider a
development agreement for a nonresidential or mixed use project in areas
designated for office, commercial, industrial or institutional use in the
Comprehensive Plan, or in a designated special plan area. In its evaluation of a
proposal, the City shall consider whether a proposal will:
1. Provide development that is consistent with the goals and policies
of the comprehensive plan;
2. Provide efficient and effective use of land, open space and public
facilities that result in a higher quality of development than is required by the
standards of the applicable zone;
3. Provide building and site design that complement surrounding land
uses and their environment;
4. Provides for superior protection of critical areas.
14.21.020 Development agreements-Authorized.
A. The City is authorized to enter into a development agreement with
a person having ownership or control of real property within or outside the City,
as provided by RCW 36.70B.170 through 36.70B.210. A development agreement
shall be consistent with applicable development regulations adopted by a local
government planning under chapter 36.70A RCW.
B. RCW 36.70B.170 through 36.70B.190 and section 501, chapter
347, Laws of 1995 do not affect the validity of a contract rezone, concomitant
agreement, annexation agreement, or other agreement in existence on July 23,
1995, or adopted under separate authority, that includes some or all of the
development standards provided in paragraph C of this section.
C. For the purposes of this section, "development standards"
includes, but is not limited to:
1. Project elements such as permitted uses, residential densities, and
nonresidential densities and intensities or building sizes;
2. The amount and payment of impact fees imposed or agreed to in
accordance with any applicable provisions of state law, any reimbursement
provisions, other financial contributions by the property owner, inspection fees, or
dedications;
3. Mitigation measures, development conditions, and other
requirements under chapter 43.21C RCW;
4. Design standards such as maximum heights, setbacks, drainage
and water quality requirements, landscaping, and other development features;
5. Affordable housing;
6. Parks and open space preservation;
Ordinance No. 5992
April 11, 2006
Page 3 of 5
7. Phasing;
8. Review procedures and standards for implementing decisions;
9. A build-out or vesting period for applicable standards; and
10. Any other appropriate development requirement or procedure.
D. The execution of a development agreement is a proper exercise of
county and city police power and contract authority. A development agreement
may obligate a party to fund or provide services, infrastructure, or other facilities.
A development agreement shall reserve authority to impose new or different
regulations to the extent required by a serious threat to public health and safety.
14.21.030 Development agreements-Effect.
Unless amended or terminated, a development agreement is enforceable
during its term by a party to the agreement. A development agreement and the
development standards in the agreement govern during the term of the
agreement, or for all or that part of the build-out period specified in the
agreement, and may not be subject to an amendment to a zoning ordinance or
development standard or regulation or a new zoning ordinance or development
standard or regulation adopted after the effective date of the agreement. A permit
or approval issued by the county or city after the execution of the development
agreement must be consistent with the development agreement.
14.21.040 Development agreements--Recording--Parties and successors
bound.
A development agreement shall be recorded with the real property record.s
of the county in which the property is located. During the term of the development
agreement, the agreement is binding on the parties and their successors,
including a city that assumes jurisdiction through incorporation or annexation of
the area covering the property covered by the development agreement.
14.21.050 Development agreements--Public hearing.
1. The Mayor and/or designee(s) shall negotiate such development
agreements taking into consideration the concerns, and policy direction of the
City Council. Prior to being submitted for final approval to the whole City Council,
the draft development agreements shall be reviewed by both the Public Works
Committee and the Planning and Community Development Committee of the City
Council, Provided that the City Council shall only approve a development
agreement, whether by ordinance or resolution after a duly noted public hearing
before the City Council.
2. The provisions of chapter 36.70C RCW shall apply to the appeal of
the decision on the development agreement.
2 SEVERABILITY. The provisions of this Ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
Ordinance No. 5992
April 11, 2006
Page 4 of 5
thereof to any person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its application to other persons or
circumstances.
3 IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
4 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.
INTRODUCED:
PASSED:
APPROVED:
CITY OF AUBURN
ATTEST:
PETER B. LEWIS
MAYOR
Danielle E. Daskam,
City Clerk
Publication:
Ordinance No. 5992
April 11, 2006
Page 5 of 5