HomeMy WebLinkAboutITEM III-B
AGENDA BILL APPROVAL FORM
Agenda Subject:Date:
Ordinance No. 6259 related to Ordinance No. 6183 August 11, 2009
and File No. CPA04-0003 - Special Area Plan Adoption
File No. CPA04-0002 - Comprehensive Plan Text and Map Amendments
File No. ZOA04-0004 - Zoning Code Text and Map Amendments
Department:
Attachments:Budget Impact:
Planning, Building
Ordinance No. 6259,
& Community Department
Ordinance No. 6183 (without
exhibits) and Ordinance No. 6219
Administrative Recommendation:
City Council to introduce and adopt Ordinance No. 6259.
Background Summary:
On June 16, 2008, the City Council passed its Ordinance No. 6183 which provided, among other things,
zoning changes and special area plan adoption for an area in the northern part of the city – subject of the
proposed development agreement by the Robertson Property Group Project (Auburn Gateway). That
special zoning provision was set, by the terms of Ordinance No. 6183, to expire after 180 days. The
expiration would have occurred on December 13, 2008. The Robertson Property Group Project has not
moved forward as quickly as was anticipated, and therefor, to avoid the consequences of the expiration of
that special zoning, it is appropriate to consider extending the timetable in which that zoning and special
area plan shall be effective. On December 1, 2008 the City Council adopted Ordinance No. 6219 which
extended the timeframe for implementation of the zoning and comprehensive plan changes for 6 months
to August 31, 2009.
This proposed ordinance, if approved, would extend the time of the zoning and comprehensive plan
changes provided by Ordinance No. 6183 to August 31, 2010; an additional year. This additional
extension is appropriate in light of the City’s current floodplain moratorium in effect due to the National
Marine Fisheries Service (NMFS) and Federal Emergency Management Agency (FEMA) biological
opinion that determined development in the 100-year floodplain results in adverse impacts to endangered
species. A portion of the project site is within the 100-year floodplain.
L0817-2 ORD 6259
O3.4.1.25
Reviewed by Council & 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 LegalPolice
Planning Comm. OtherPublic Works Human Resources
Information Services
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Staff:
Wagner Baker
Meeting Date:Item Number:
August 17, 2009
Agenda Subject:Date:
Ordinance No. 6183June 5, 2008
Page 2 of 2
ORDINANCE NO. 6 2 5 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6219 TO EXTEND THE EFFECTIVE DATE
WHEREAS, on June 16, 2008, the City Council passed Ordinance No.
6183, which amended the City’s Comprehensive Plan, zoning maps, and
included the adoption of a sub-area plan related to the Auburn Gateway Project;
and
WHEREAS, on December 1, 2008, the City Council passed Ordinance
No. 6219, extending the effective date of Ordinance No. 6183 until August 31,
2009; and
WHEREAS, the City and the Project proponents are still negotiating the
Development Agreement required by the Ordinance; and
WHEREAS, staff recommends extending this deadline by 12 months;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Section 1 of Ordinance No. 6219, amending Section 13 of
Ordinance No. 6183 is amended to read as follows:
Section 13. 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; provided, that this ordinance shall
not take effect unless the City and RPG executed a development
agreement for the Auburn Gateway Project by August 31, 2009
August 31, 2010.
Section 2. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
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Ordinance No. 6259
August 11, 2009
Page 1 of 2
Section 3. 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.
Effective date. This Ordinance shall take effect and be in
Section 4.
force five days from and after its passage, approval and publication as provided
by law.
INTRODUCED: ___________________
PASSED: ________________________
APPROVED: _____________________
________________________________
PETER B. LEWIS, MAYOR
ATTEST:
___________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
__________________________
Daniel B. Heid, City Attorney
Published: _________________
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Ordinance No. 6259
August 11, 2009
Page 2 of 2