HomeMy WebLinkAbout6187ORDINANCE NO. 6 1 8 7
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
SECTIONS 14.02.040, 14.08.010 AND 16.10.030 OF
THE AUBURN CITY CODE, AND REPEALING
CHAPTER 14.21 OF THE AUBURN CITY CODE
RELATING TO DEVELOPMENT AGREEMENTS
WHEREAS, the current provisions of the Auburn City Code (ACC) include
an alternative to regular platting and zoning requirements in lieu of the Planned
Unit Development - ACC Chapter 18.69; and
WHEREAS, the City of Auburn is currently engaged in a review of a
number of code sections dealing with residential platting and development, and
until that review is concluded - with potential amendment to the City Code, it
would be appropriate to hold off on any changes to the "planned unit
development" and to suspend use of development agreements (pursuant to
chapter 14.21 ACC) approach to residential development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
1. AMENDMENT TO CITY CODE. That Section 14.02.040 of the
Auburn City Code is amended to read as follows:
14.02.040 Development regulations.
"Development regulations" means the controls placed on development or
land use activities by the city, including, but not limited to, zoning ordinances,
critical areas ordinances, shoreline master programs, official controls, planned
unit development ordinances (if permitted by City Code) and subdivision
ordinances together with any amendments thereto. A development regulation
does not include a decision to approve a project permit application, as defined in
ACC 14.02.070, even though the decision may be expressed in a resolution or
ordinance of the city. (Ord. 5991 § 1, 2006; Ord. 4835 § 1, 1996.)
Ordinance No. 6187
September 30, 2008
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2. AMENDMENT TO CITY CODE. That Section 14.08.010 of the
Auburn City Code is amended to read as follows:
14.08.010 Required elements.
A. During project review, the city or any subsequent reviewing body
shall determine whether the following items are defined in the development
regulations applicable to the proposed project or, in the absence of applicable
regulations, the city's adopted comprehensive plan. At a minimum, such
applicable regulations or plans shall be determinative of the:
1. Type of land use permitted at the site, including uses which may be
allowed under certain circumstances, such as planned unit developments (if
permitted by City Code) and conditional and special uses, if the criteria for their
approval have been satisfied;
2. Density of residential development in urban growth areas; and
3. Availability and adequacy of public facilities identified in the
comprehensive plan, if the plan or development regulations provide for funding of
these facilities as required by Chapter 36.70A RCW.
B. During project review, the city or any subsequent reviewing body
shall not re-examine alternatives to or hear appeals on the items identified in
subsection A of this section, except for issues of code interpretation.
C. Nothing in this section limits the authority of the city to approve,
condition, or deny a project as provided in its development regulations under
Chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060.
Project review shall be used to identify specific project design and conditions
relating to the character of development, such as the details of site plans, curb
cuts, drainage swales, transportation demand management, payment of impact
fees or other measures to mitigate a proposal's probable adverse environmental
impacts, if applicable. (Ord. 5991 § 2, 2006; Ord. 4835 § 1, 1996.)
3. AMENDMENT TO CITY CODE. That Section 16.10.030 of the
Auburn City Code is amended to read as follows:
16.10.030 Applicability - Regulated activities.
A. The provisions of this chapter shall apply to any activity that
potentially affects a critical area or its buffer unless otherwise exempt. Such
regulated activities include but are not limited to:
1. Removing, excavating, disturbing or dredging soil, sand, gravel,
minerals, organic matter, or materials of any kind;
2. Dumping, discharging or filling with any material;
3. Draining, flooding or disturbing the water level or water table, or
diverting or impeding water flow;
4. Driving pilings or placing obstructions;
5. Constructing, reconstructing, demolishing, or altering the size of
any structure or infrastructure;
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September 30, 2008
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6. Destroying or altering vegetation through clearing, grading,
harvesting, shading, or planting vegetation that would alter the character of or
impact a critical area;
7. Release of contaminants to soil or water;
8. Activities that result in significant changes in water temperature,
physical or chemical characteristics of water sources, including quantity and
pollutants; and
9. Any other activity potentially affecting a critical area or buffer not
otherwise exempt from the provisions of this chapter as determined by the
director.
B. To avoid duplication, the following permits and approvals shall be
subject to and coordinated with the requirements of this chapter: land clearing;
grading; subdivision or short subdivision; building permit; planned unit
development (if permitted by City Code); shoreline substantial development;
variance; conditional use permit; and any other permits that may lead to the
development or alteration of land.
C. Administrative actions, such as rezones, annexations, and the
adoption of plans and programs, shall be subject to the requirements of this
chapter. However, the director may, using discretion, permit any studies or
evaluations required by this chapter to use methodologies and provide a level of
detail appropriate to the administrative action proposed. (Ord. 5991 § 3, 2006;
Ord. 5894 § 1, 2005.)
4. REPEAL OF CHAPTER IN CITY CODE. That Chapter 14.21 of
the Auburn City Code - Development Agreements (Exhibit "A" hereto) is
repealed.
5. 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
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.
6. IMPLEMENTATION. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions
of this legislation.
6. 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.
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September 30, 2008
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INTRODUCED. OCT - 6 2008
PASSED: OCT -6 2008
APPROVED: OCT -6 2008
CI O BUIRN
PETER B. LEWIS
MAYOR
ATTEST:
Da 'elle E. Daskam,
City Clerk
APPROVED AS-TQ FO
Daniel B. Hei
City Attorney
Publication:
Ordinance No. 6187
September 30, 2008
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EXHIBIT "A" - ACC CHAPTER BEING REPEALED
Chapter 14.21
DEVELOPMENT AGREEMENTS
Sections:
14.21.010 Purpose.
14.21.020 Development agreements - Authorized.
14.21.030 Development agreements - Effect.
14.21.040 Development agreements - Recording - Parties and
successors bound.
14.21.045 Development agreements - Preapplication public meeting.
14.21.050 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.
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September 30, 2008
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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.
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 nonmotorized 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. Provide for superior protection of critical areas. (Ord. 5992 § 1,
2006.)
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 36.7013.170 through 36.7013.210. A development agreement
shall be consistent with applicable development regulations adopted by a local
government planning under Chapter 36.70A RCW, including the city's design and
development standards.
B. RCW 36.70B.170 through 36.7013.190 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 subsection 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;
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September 30, 2008
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3. Mitigation measures, development conditions, and other
requirements under Chapter 43.21 C 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;
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.
(Ord. 5992 § 1, 2006.)
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. (Ord. 5992 § 1,
2006.)
14.21.040 Development agreements - Recording - Parties and successors
bound.
A development agreement shall be recorded with the real property records
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. (Ord.
5992 § 1, 2006.)
14.21.045 Development agreements - Preapplication 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.
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September 30, 2008
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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
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.
(Ord. 6107 § 1, 2007.)
14.21.050 Development agreements - Public hearing.
A. 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 any member of the city council may request that the draft
development agreement be referred to the city council committee of the whole;
and further 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.
B. The provisions of Chapter 36.70C RCW shall apply to the appeal of
the decision on the development agreement. (Ord. 5992 § 1, 2006.)
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September 30, 2008
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