HomeMy WebLinkAbout5785 ORDINANCE NO. 5785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING SECTIONS '14.18.060
AND 14.18.080 OF THE AUBURN CITY CODE RELATING TO
APPROVAL OF DEVELOPMENT AGREEMENTS
WHEREAS, according to the provisions of the current Auburn City Code,
development agreements, which come into play in connection with various
development activities involving property located within the City of Auburn, are
approved by ordinance; and
WHEREAS, because the formal requirements of ordinances are sometimes
more cumbersome and certainly involve greater time restrictions than those
involved for resolutions, unless state law requires approval of agreements by
ordinance, it would be advantageous for the City to approve development
agreements through resolution rather than ordinance; and
WHEREAS, it would therefore be appropriate for the sections of the City
Code calling for approval of development agreements to be amended to specify
that the agreements may be approved by the City Council by resolution rather than
requiring ordinance approval.
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Ordinance 5785
July 22, 2003
Page 1
Section 1. That section 14.18.060 of the Auburn City Code is amended
to read as follows:
14.18.060
A. Upon
City Council Review.
receipt of the planning and community development
committee's recommendation, the City Council shall, at its next
public meeting, approve, remand the recommendation to the
committee or schedule a closed record hearing. Any aggrieved
person may request the Council to conduct its own closed record
hearing. The Council can only amend or reject the committee's
recommendation.
If the Council holds its own closed record hearing on a proposed
development agreement, the council shall consider the findings,
conclusions and recommendations of the planning and community
development committee public hearing. After conducting its own
closed record hearing the council may approve, approve with
conditions, reject or return the application to the application for
corrections or modifications.
When the Council makes its decision on the development
agreement, it shall.~....~..'-'~'-'-* .~,, .... ...,..,,,~.,,....'~; ..... pass a resolution prepared by
the city attorney. ~ A resolution prepared under this
subsection shall include formal findings of fact and conclusions
supporting the decision. If the development meets all city
development standards, the findings shall affirm that the
development conforms with all applicable City development
standards. If the development agreement allows modifications from
some City standards, the modifications shall be specified in the
resolution. (Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
Section 2. That section 14.18.080 of the Auburn City Code is amended
to read as follows:
14.18.080 Notice of decision to applicant.
A. Following .~,~,,,-,*;,-,r, ,-,~ "'~; ..... "~'""~''~ of a resolution approving
"-"'-"-' I-' "'" .... ~ "' ........ "'"' 1" ....
or rejecting a development agreement, the director shall notify the
applicant of the decision. The notice shall be accompanied by a
copy of the '~'~'""*"'~ ""~; .....r,:,,,~,~ resolution. If the
~resolution is to approve the development agreement, the
Ordinance 5785
July 22, 2003
Page 2
notice shall advise the applicant that the development agreement
must be signed by the applicant and recorded by the county
assessor's office. The development agreement must be returned to
the city prior to the issuance of the water and/or sewer availability
certificates.
B. The development agreement must be approved by the City prior to
any application, plans or other submittals that are submitted to the
county. Any such submittal shall be consistent with the requirements
of the development agreement. (Ord. 5306 § 1, 1999; Ord. 5170 § 1,
1998; Ord. 4872 § 1, 1996.)
Section 3. SEVERABILITY. If any provision of this Ordinance or its
application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances shall not be
affected
Section4. ADMINISTRATIVE AUTHORITY. The Mayor is hereby
authorized to implement such administrative procedures as may be necessary to
carry out the directives of this legislation.
Section 5. EFFECTIVE DATE. This ordinance shall take effect and be in
force five (5) days from and after its passage and publication as required by law.
INTRODUCED:
PASSED:
APPROVED:
AUG4 2003
AU6 4 2003
MAYOR
Ordinance 5785
July 22, 2003
Page 3
ATTEST:
'Da"nielle E. Daskam,
City Clerk
Ordinance 5785
July 22, 2003
Page 4