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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. ------------------------------ 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: _________________ ------------------------------ Ordinance No. 6259 August 11, 2009 Page 2 of 2