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Home My WebLink AboutITEM VIII-A-1* ~-~ C[TY OF -- . - ~~ ~~ AGENDA BILL APPROVAL FORM ' ~ WASHINGTON Agenda Subject: Ordinance No. 6107 creating a new section Date: July 9, 2007 14.21.045 of the Auburn Cit Code related to develo ment a reements. Department: Planning, Building Attachments: Ordinance No. 6107 Budget Impact: NA & Communit De artment Administrative Recommendation: Cit Council to introduce and ado t Ordinance No. 6107. Background Summary: In 2006 the Auburn City Council adopted Ordinance No. 5992 amending the Auburn City Code to provide for a development agreement process. The development agreement process replaced the City's Planned Unit Development (PUD) regulations and enables the City Council to review proposals earlier in the process. Based on experience with this new process, earlier public involvement in the development agreement process would enhance the City's ability to better consider how the proposal would affect property and improvements in the immediate area as the development agreement is first being negotiated, rather than waiting for public comment during the SEPA process and/or the City Council public hearing. The proposed ordinance would require, prior to the submittal of a development agreement application, that the applicant make a concerted effort to provide public notice and then conduct a public meeting to present the proposal. The intent of this public meeting is to facilitate an early informal discussion between the applicant and neighbors regarding the proposed project. The proposed Ordinance was reviewed by the Public Works and Planning and Community Development committees on July 9, 2007. Based on comments received at the committee meetings, key features of the attached ordinance include: - Require the public meeting to be held within the city limits, no further than two miles from the proposed project (unless and alternate location is approved by the Planning, Building and Community Director). - Require the applicant to provide, when the application is submitted, a certified mailing list demonstrating that all property owners within a 2,000 foot radius of the exterior boundaries of property as shown on the last available county tax assessor's roll were sent notice of the public meeting by first class mail at least 14 days before the meeting; and, - Require the applicant to post the site (using a City public notice sign) with notice of the community meeting in a visible and accessible location. L0716-103.6 Reviewed by Council 8~ 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: Osaki Meetin Date: Jul 16, 2007 Item Number: VIII.A.1 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Ordinance No. 6107 Date: July 9, 2007 In addition, Planning, Building and Community staff will attend the meeting and prepare a summary of the comments made at the meeting. This summary will be made available to the Council Committees/City Council as it reviews the development agreement. The applicant is also to make available, if applicable, the following material for review and discussion at the public meeting: - Total number of dwelling units/lots expected to be built. - Conceptual site plan/plat layout showing buildings, road layout, landscape, parking, topography and open space areas, and adjacent properties; and, - Aerial photograph showing the subject property and adjacent properties. Page 2 of 2 ORDINANCE NO. 6107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW SECTION 14.21.045 OF THE AUBURN CITY CODE RELATED TO DEVELOPMENT AGREEMENTS WHEREAS, in 2006 the City Council of the City of Auburn, Washington, adopted Ordinance No. 5992 amending the Auburn City Code to provide for a development agreement process that would enable the City Council to review proposals. earlier in the process; and, WHEREAS, public notification and involvement early in the` development agreement process would enhance the City's ability to better consider how the proposal would affect property and improvements in the immediate area as the development agreement is negotiated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION ONE. CREATION OF NEW SECTION TO CITY CODE. That a new Section 14.21.045 of the Auburn City Code is created to read as follows 14.21.045 Development Agreements -Pre-application public meeting Prior to the submittal of a development agreement application to the city, the applicant shall pro-actively provide public notice of, and then conduct, a public meeting to present the proposal. The intent of this public meeting is to facilitate an early informal discussion between the applicant and neighbors regarding the proposed project. A. The public meeting shall be held within the Auburn city limits, at a location no further than two miles from the project site, unless an alternate meeting location is approved by the Planning, Building and Community Director. B. The applicant shall provide notice of the public meeting as follows: 1. Mailing of a notice to all property owners within a 2,000 foot radius of the exterior boundaries of property as shown on the last available county tax assessor's roll. Notice shall also be mailed to the City of Auburn Planning, Building and Community Department. The notice shall be mailed by first class mail and shall be sent at least 14 days before the public meeting (a certified list of the property owners that were mailed notice shall be provided to the City with the development agreement application); and, 2. Posting of at least one public notice sign, provided by the City, at the property in a visible and- accessible location. C. The applicant shall prepare and make available the following materials for review and discussion at the public meeting: 1. Total number of dwelling units/lots expected to be built; 2. Conceptual site plan/plat layout showing buildings, road layout, landscape, parking, topography and open space areas, and adjacent properties; and, Ordinance No. 6107 July 10, 2007 Page 1 3. Aerial photograph showing the subject property and adjacent properties. D. Planning, Building and Community Department staff shall attend the public meeting and shall prepare a written summary of the comments at the meeting. The written summary shall be provided to the city council committee(s)/city council during its review of the development agreement. E. Nothing in this section shall be construed to delegate design or project review decision-making authority to the participants in the public meeting. SECTION TWO. CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance, is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION THREE. IMPLEMENTATION. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. SECTION FOUR. 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: ATTEST: Danielle E. Daskam City Clerk PETER B. LEWIS MAYOR Ordinance No. 6107 July 10, 2007 Page 2 APPR~"C/~A~ ~a9~EORM: Qarfiel B. Heid City Attorney PUBLISHED: Ordinance No. 6107 July 10, 2007 Page 3