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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