HomeMy WebLinkAboutITEM V-BCITY OF
AtiBURN Memorandum
WASHINGTON
To: Councilmember Bill Peloza, Chair, Municipal Services Committee
Councilmember Sue Singer, Vice-Chair, Municipal Services Committee
Councilmember John Partridge, Member, Municipal Services Committee
From: Jeff Dixon, Principal Planner
CC: Kevin Snyder, AICP, Planning and Development Director
Dennis Selle, P.E., City Engineer
Steven Gross, Assistant City Attorney
Date: July 27, 2011
Re: DISCUSSION AND INFORMATION: Auburn Gateway Project Briefing
Background
For the last several years, the City of Auburn has been negotiating with Robertson Properties
Group (RPG) on future development of approximately 60 acres located east of Auburn Way
North, west of the extension of I ST NE, south of S 277th ST, and North of 45th ST NE
consisting of the Valley 6 Drive-In Theater site and surrounding properties owned by
Robertson Properties Group (RPG) and hereafter referred to as the Auburn Gateway Project
(Exhibit 1). The efforts around these negotiations have included the preparation of
Environmental Impact Statement (EIS) documentation, amendments to the City's
Comprehensive Plan and Zoning Code to authorize and apply the Mixed Use Commercial
Zone (C-4), preparation of a draft Development Agreement and preparation of a draft
Planned Action Ordinance.
In August 2010, the City Council approved Ordinance No. 6321 that authorized for one year
the continued conditional effectiveness of the Comprehensive Plan and C-4 zoning to the
Auburn Gateway Project. This continued effectiveness expires on August 31, 2011 unless the
City Council authorizes an additional extension. The comprehensive plan and zoning
designations currently applied to the Auburn Gateway Project are conditioned upon the
successful execution of a development agreement between the City and Robertson
Properties Group. These designations do not become permanent until the City Council has
approved the development agreement.
Planning and Development, Public Works and Legal Department staff has been actively
working with Robertson Properties Group to complete required studies, negotiations and
documentation in order to provide the City Council with substantive policy making
opportunities that would facilitate the phased development of the Auburn Gateway Project.
Page 1 of 5
AUBURN- MORE THAN YOU IMAGINH)
There has been significant progress on the part of the City and RPG since the Council's last
extension authorization and staff will be seeking Council authorization for a limited extension
(maximum of six months) of the conditional comprehensive plan and zoning designations for
the Auburn Gateway Project. This limited extension will provide the City Council, staff and
RPG adequate opportunity complete negotiations, documentation and substantive policy
making.
Environmental Impact Statement (EIS) Preparation
In 2004 the City issued a Draft Environmental Impact Statement (DEIS) and a Final
Environmental Impact (FEIS) for the development of the Auburn Gateway Project. Four
development options for the Auburn Gateway Project were studied consisting of:
(1) Option I (Retail and Office):
Retail----200,000. sq. ft.
Office----1,600,000. sq. ft
(2) Option II (Retail):
Retail-----720,000 sq. ft.
(3) Option III (Retail & Multi-Family Residential):
Retail-----360,000 sq. ft.
Multi-Family---500 units
(4) No-Action (existing zoning action) Option:
Retail-----73,200 sq. ft.
Single family 132 units
Multi-family -130 units
The preferred action is to allow a range of uses described in Options I, II and III, above.
EIS Addendum
Subsequent to the original EIS work, RPG and the City have been working on an addendum
to the 2004 EIS documents. The City as the lead environmental review agency determined
that this addendum was necessary for the following reasons:
• Impacts of the acquisition and development of an additional 11 acres by RPG
subsequent to the original EIS;
• RPG's determination to conduct phased project development in two phases that could
be developed independently or jointly; and,
• Changes in city regulations and development standards such as:
o The city's adoption of new floodplain regulations may affect the proposal.
Unless future project is otherwise exempt under the provision of ACC
15.68.130, the project is located in a Special Flood Hazard Area (SFHA) and
Riparian Habitat Zone (RHZ) and would be required to obtain a City of
Auburn Floodplain Development Permit, including the submittal of a habitat
impact assessment report;
o City adoption of a critical areas ordinance;
o Changes in Comprehensive Plan transportation policies; and
• Changes in external circumstances over the intervening period of time including the
completion of the Port of Seattle's adjacent wetland mitigation property construction,
the completion of the Trail Run Plat and the completion of Monterey Park Plat and
associated I Street NE extension).
Page 2 of 5
AUBURN- MORE THAN YOU IMAGINH)
This addendum is almost complete pending staffs final review of updated traffic analysis
submitted in the last week. Once the staff's review is complete, the findings of the traffic
analysis will be incorporated into the EIS addendum and staff will publish the addendum in
accordance with adopted SEPA procedures.
Development Agreement (DA) Preparation
As previously noted a development agreement approved by the City Council is needed in
order to permanently apply the comprehensive plan and zoning designations to the Auburn
Gateway Project. Staff from the Planning and Development, Public Works and Legal
Departments has been working with RPG to negotiate the elements of the development
agreement. A key element of the development agreement will be the incorporation of
architectural and site design standards for the Auburn Gateway Project to help realize a
higher aesthetic quality of development. A draft of the development agreement has been
prepared and will be presented to the Planning and Community Development Committee and
other Council Committees for review and discussion in the near future (See draft schedule
below)
A summary of the purpose and contents of the development agreement is attached (Exhibit
2).
Planned Action Ordinance (PAO) Preparation
With the imminent completion of the EIS addendum, staff will propose that the mitigation
measures identified in the EIS that are intended to reduce or avoid probable and significant
adverse impacts be applied to the project by the City Council's adoption of a Planned Action
Ordinance that would create a new chapter in the City's Zoning Code.
A summary of the purpose and contents of the Planned Action ordinance is attached (Exhibit
3).
Northeast Auburn Special Plan Area Update
Chapter 14 of the City's Comprehensive Plan identifies the Northeast Auburn Special Plan
Area that covers properties east of Auburn Way North, west of the extension of I ST NE,
south of 277th ST and north of approximately 45th ST NE (Exhibit 4). This Plan will be updated
prior to the end of this year as part of the City's 2011 Annual Comprehensive Plan docket to
reflect the current development plans and environmental documentation for the Auburn
Gateway Project.
Page 3 of 5
AUBURN- MORE THAN YOU IMAGINH)
Draft Policy Review and Action Schedule
With the substantial completion of the drafts of the Development Agreement and Planned
Action Ordinance and near future issuance of the EIS addendum, a significant amount of
work product needed for substantive policy making by the City Council has been or will be
completed. To help the Committee and City Council understand the remaining work needed
to be done staff has prepared a draft schedule through the remainder of the year.
Page 4 of 5
AUBURN- MORE THAN YOU IMAGINH)
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Auburn Gateway Project Location
Exhibit No. 1
SOURCE Henara £rrvironmenEnl ConsWnnls. Enc„ 20 !04, Northeast Arbum J Robertson Properties Special A tea Pltm EIS Addendum. 208505
Auburn Gateway Nroject Area
Auburn, Washington
Exhibit 2: Summary of a Development Agreement
Development Agreements:
A development agreement is a contract between a local jurisdiction and a property
owner within the jurisdiction. The purpose of the agreement is to specify the standards
and conditions that will govern development of the property. The development
agreement provides assurance to the developer that he/she may proceed to develop
the project subject to the rules and regulations in effect at the time of approval - the
development will not be subject to subsequent changes in regulations. Development
agreements should also benefit the local jurisdiction. The jurisdiction may include
conditions (mitigation measures) that must be met to assure that a project at a specific
location does not have unacceptable impacts on neighboring properties or community
infrastructure. The agreement may clarify how the project will be phased, the required
timing of public improvements, the developer's contribution toward funding system-wide
community improvements, and other conditions. The agreement can also facilitate
enforcement of requirements, since it is a contract that details the obligations of the
developer and the local jurisdiction.
Development Agreements as Applied in Auburn:
The Local Project Review Act (Ch. 36.706, RCW), enacted by the Washington State
Legislature in 1995, provides specific authority and direction for development
agreements. These agreements are voluntary, but once made, they are binding on the
parties and their successors. Development standards include permitted uses, densities,
impact fees, and mitigation measures. Local jurisdictions must hold a public hearing
prior to approving a development agreement and may only impose impact fees,
dedications, mitigation measures, and standards as authorized by other laws.
Former Auburn City Code Chapter 14.21 previously set out the City's requirements for
development agreements. Chapter 14.21 was repealed by the Auburn City Council with
the passage of Ordinance No. 6187 in October 2008). Under Washington State's
vesting statue and upheld by the courts in multiple different cases, development
projects may be "vested" under the provisions of adopted municipal code repealed
through legislative ordinance action if it can be determined that a legally valid
development application or action was submitted by a party prior to the repeal or
change in the adopted municipal code. Robertson Properties Group (RPG) applied for a
development agreement before the effectiveness of Ordinance No. 6187. The City with
input and direction from the City Attorney's Office has previously made the
determination that the RPG project is vested under the provisions of Chapter 14.21 and
may seek City Council approval of a development agreement under the procedures
specified in Chapter 14.21 provided it can demonstrate compliance to all applicable
standards and procedures of this Chapter.
Exhibit 2: Summary of a Development Agreement
7-19-11
Page 1 of 1
Key Elements of Chapter 14.21:
Auburn City Code 14.21.010.A generally provides that a development agreement
should allow greater flexibility in the existing standards of the existing zoning district. 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.
Auburn City Code 14.21.010.6 (Nonresidential or Mixed Use Projects) specifies that 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:
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; and,
4. Provide for superior protection of critical areas.
Exhibit 2: Summary of a Development Agreement
7-19-11
Page 2 of 2
Exhibit 3: Summary of a Planned Action Ordinance
Introduction to Planned Actions under SEPA:
In 1995, the legislature authorized a new category of project actions under the State
Environmental Policy Act (SEPA) called a "planned action" for cities planning under the
Growth Management Act (GMA). The purpose of designating specific types of projects
as planned action projects shifts environmental review of a project from the time a
permit application is made to an earlier phase in the planning process. The intent is to
provide a more streamlined environmental review process at the later project stage by
conducting more detailed environmental analysis at the earlier planning stage.
To be eligible first, an Environmental Impact Statement (EIS) must be prepared which
addresses the likely significant adverse environmental impacts of the planned action.
After completing the EIS, the city designates by ordinance those types of projects to be
considered planned actions, including mitigation measures that will be applied. The
types of project action must be limited to certain types of development or to a specific
geographic area that is less extensive than a city's jurisdictional boundaries.
A PAO is most useful when the project occurs over a limited, defined geographic area;
the project area is relatively homogeneous and impacts can be forecasted; and it is
expected that the project will be implemented in multiple phases over a number of
years.
The basic steps in designating planned action projects are to:
• Prepare an EIS;
• Designate the planned action projects by ordinance; and,
Review permit applications for projects proposed as consistent with the
designated planned action. Specifically, an environmental checklist application
(SEPA application) must be provided and the city must verify:
o The project meets the description of any project(s) designated as a
planned action by ordinance or resolution;
o The probable significant adverse environmental impacts were adequately
addressed in the EIS; and
o The project includes any conditions or mitigation measures outlined in the
ordinance.
If the project does not meet the requirements of the planned action ordinance, or if the
EIS did not adequately address all probable significant adverse environmental impacts,
the project is not a planned action project. In this instance, the City must then make a
threshold determination on the project. The project would go through normal
environmental review as part of project review. The City may still rely on the
environmental information contained in the EIS and supporting documents in analyzing
the project's environmental impacts and making the threshold determination. If an EIS
Exhibit 3: Summary of Planned Action Ordinance
7.19.11
Page 1 of 1
or SEIS is found to be necessary for the project, it only needs to address those
environmental impacts not adequately addressed in the previous EIS.
Key Benefits of a Planned Action Ordinance (PAO):
Key benefits of a PAO can include:
• Provides a developer certainty over the potential impacts and corresponding
mitigation measures;
• Requires early on examination of the impacts of subsequent or implementing
projects prior to project permitting through EIS preparation;
• Avoid multiple and separate threshold determinations (decisions) by the City
under SEPA. While normal project review process requires a threshold
determination, a project qualifying as a planned action project does not require a
new threshold determination. If the City reviews the project, verifies that it is
consistent with the planned action project(s) previously designated, and
determines that the impacts are adequately addressed in the EIS on which the
planned action relies, project permit review continues without a threshold
determination.
• Designating planned action projects reduces permit-processing time. There are
no SEPA public notice requirements or procedural administrative appeals at the
project level because a threshold determination or new EIS is not required. The
only notice requirements are those required for the underlying permit.
Contents of the Planned Action Ordinance (PAO):
A planned action ordinance should be as specific as possible, should indicate where in
the EIS or associated planning document the projects' environmental impacts have
been addressed, and should include or reference mitigation measures which will be
required for a project to qualify as a planned action project. For example, the ordinance
should indicate what mitigation has been identified in the EIS or what level of service
has been accepted in the subarea plan for traffic impacts.
If desired, the city may set a time limit in the ordinance during which the planned action
designation is valid. If a GMA city does set a time limit on the designation, it should
consider how this affects any permits for which there is an expiration date.
Effects of a Planned Action Ordinance (PAO):
If approved by the City Council, a PAO for the Auburn Gateway Project will:
Adopt the provisions of the Washington Administrative Code related to PAOs;
Add a new chapter to the zoning portion of the Auburn City Code; and,
Adopt and incorporate the Northeast Special Area Plan and its related
environmental impact statements. This "locks in" the mitigation measures
required for the project while allowing for changed circumstances.
Exhibit 3: Summary of Planned Action Ordinance
7.19.11
Page 2 of 2
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CIIYO[ . ' MAP 14.1 Exhibit 4
AUBURN
WASHINGTON Comprehensive Land Use
az21'-
Auburn Gateway Project Flow Chart
1995 comprehensive plan identifies NE Auburn Special Planning Area
1 2002 at the request of Robertson Properties Group (RPG) City begins special
2003 at the request of Robertson Properties Group (RPG) City begins
preparation of Planned Action EIS (Environmental Impact Statement)
Determination of Sign ificance/Scoping
2004 Preparation of DEIS
2004 Preparation of FEIS
2004 Appeal of EIS filed and Adequacy Upheld by Hearing
2004 Planning Commission Public Hearing & Recommendations
2008 Council Approval of Zoning Amendments (map & text),
Comp Plan Amendment (map & text), and Special Area Plan
1 2008 Began Staff Negotiation of Development Agreement
1 2007-2008 RPG Purchases an additional 11 acres west of Drive-In
Auburn Gateway Project Flow Chart
July 21, 2011
Page 2
2008-2010 Three Council Extensions of Zoning Amendments (map & text), Comp Plan
Amendment (map & text), and Special Area Plan Adoption
2010 Begin EIS Addendum Preparation and Update of Architectural and Site Design Standards
2010 Prepare Final Drafts of Development Agreement and Planned Action Ordinance
CURRENT DAY
Council Extension of Zoning Amendments (map & text), Comp Plan Amendment (map & text), and
Special Area Plan Adoption
Issue EIS Addendum
Council Action on Development Agreement and Planned Action Ordinance
(Includes: Architectural & Site Design Standards and EIS Addendum Mitigation
Planning Commission Public Hearing on Refinements/Revisions of Zoning Code and Comprehensive
Plan Amendments & Recommendations
Planned Action Project Application Submitted