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HomeMy WebLinkAbout5362ORDINANCE NO.5 3 6 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY AND DENNIS JOHNSON, FREMANTLE DEVELOPMENT, INC. WHEREAS, DENNIS JOHNSON, FREMANTLE DEVELOPMENT, INC. is the owner of property to be developed at 11326 SE 304" Street, within the City of Auburn's Lea Hill Potential Annexation Area; and WHEREAS, DENNIS JOHNSON, FREMANTLE DEVELOPMENT, INC. is applying to King County for a preliminary plat approval.; and WHEREAS, Application No. WSCO01-00 was submitted to the City of Auburn, Washington, on January 10, 2000, requesting water and sewer availability certificates; and WHEREAS, City of Auburn Comprehensive Plan Policy CE -3 requires, as a condition of obtaining water and/or sewer service, a legally binding agreement to support annexation to the City at such time as City deems annexation appropriate, and requires agreement to comply with appropriate City development standards and public facility specifications; and WHEREAS, RCW 36.7013.170 defines such an agreement as a development agreement; and Ordinance 5362 03/27/00 Page 1 WHEREAS, RCW 36.706.200 requires approval of development agreements only after a City has held a public hearing; and WHEREAS, the City of Auburn City Council has designated the Planning and Community Development Committee as the appropriate body to hold required public hearings; and WHEREAS, after proper notice published in the City's official newspaper at least ten (10) days prior to the date of the public hearing, the Planning and Community Development Committee at a public meeting held on March 13, 2000, conducted a public hearing on the application; and WHEREAS, at the hearing the Planning and Community Development Committee in considering the application heard public testimony and accepted evidence and exhibits regarding the development; and WHEREAS, DENNIS JOHNSON, FREMANTLE DEVELOPMENT, INC. who is the owner of property within the City of Auburn's Lea Hill Potential Annexation Area understands and agrees water and sewer services to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, King County has indicated it will not be able to accept a certificate of sewer availability from the City that was not in the King .County Ordinance 5362 03/27/00 Page 2 system prior to October 26, 1999 until such time as the City has an approved sewer comprehensive plan; and WHEREAS, at this time the City does not have an approved sewer comprehensive plan, and WHEREAS, thereafter, the Planning and Community Development Committee, based upon the Findings of Fact contained herein, voted to recommend to the City Council that it approve the Agreement which provides for the issuance of water and/or sewer availability certificates; and WHEREAS, the City Council, based upon the Findings of Fact contained herein, voted to approve the Development Agreement, and to allow a modification to City standards for lot layout, as requested. The Council confirmed that the plat should meet all City street standards. FINDINGS OF FACT 1. Dennis Johnson of Fremantle Development, Inc. has applied for Water and Sewer Certificates of Availability for a property in the Lea Hill annexation area. The applicant anticipates building 11 new homes and supporting road, and providing spaces for water detention and recreation. 2. Water service and a fire hydrant are available approximately 50 feet from the site. Construction of an 8 inch minimum mainline within the development will be required to serve all 12 lots. A fire hydrant will be required within 300 feet of all structures. Ordinance 5362 03/27/00 Page 3 3. Sewer service will require extension of an 8 inch minimum mainline within the development, serving all 12 lots. Service is subject to a connection charge, including payback charges. 4. The entrance to the property is from 130' Avenue SE. 5. The site plan submitted with the application is generally consistent with the requirements of the City with the exception of the lot layout using access tracts, and the street cross-sections. 6. A modification has been requested by the applicant to allow the lot layout as submitted. Ordinance No. 4872, section 14.18.070, Findings of Fact, allows modifications to City standards under several conditions. Condition number four states that a modification may be allowed "When applying City standards puts the developer in a position where King County will not allow that development to take place." In conferring with King County staff, it was communicated that joint use driveways, as recommended by City staff, would be required by King County to be combined into separate access tracts that would be held in joint ownership by all affected property owners. For this reason, a modification is recommended to be approved. 7. The contents of the case file, WSC0001-00, are hereby incorporated by reference and made part of the record of this hearing. CONCLUSIONS A. Staff has concluded that the Water and Sewer Certificates of Availability may be approved in that the application is consistent with the following criteria necessary to grant the permit as outlined in Section 14.18.070 of the Auburn City Code. 1. The development is consistent with City development standards. Ordinance 5362 03/27/00 Page 4 The proposed development is consistent with City development standards, with the exception of the street cross-sections, and the lot layout using access tracts. 2. The development is consistent with the City Comprehensive Plan. The Comprehensive Plan designates this area as Single Family Residential; the proposed project is consistent with this designation. 3. The property cannot be annexed immediately. The property is more than '/4 mile from the existing City limits, and is surrounded by properties within King County. CONDITIONS Before the agreement is recorded, the applicant needs to provide a revised plat layout that meets City Standards, to be approved by the Planning Director. The applicant is allowed to not meet the City's standard that requires each parcel have a minimum of 20 feet frontage along a public street, and to use access tracts to access inner parcels, instead. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The above-cited Findings of Fact are herewith approved and incorporated in this Ordinance. Section 2. The Mayor and City Clerk of the City of Auburn, Washington, are hereby authorized to execute the Development Agreement between the City and DENNIS JOHNSON, FREMANTLE DEVELOPMENT, Ordinance 5362 03/27/00 Page 5 INC. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: - March 20, 2000 PASSED: March 20, 2000 APPROVED: March 20, 2000 �s Q. CIOdQ CHARLES A. BOOTH MAYOR Ordinance 5362 03/27/00 Page 6 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: &. 'X'CL - Michael J. Reynolds, City Attorney Published: S b .Z G do Ordinance 5362 03/27/00 Page 7 FILED for Record at Request of Name ►�er•N�5 JQtin, cam• Addrm 1932 + i,' RN. * 4601 City__- W w ,110 j IP13•fa8 111111111111111111111111 20000424000324 AUBURN CITY OF AG 18.00 PAGi 001 OF 011 04/24/2000 10:36 KING COUNTY, WA Op DEVELOPMENT AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) Return Address City of Auburn Planning Dept. 25 West Main Street Auburn, WA 98001 WSC 0001-00 Parcel Number(s) 092105-9070 Additional legal onpage 11 The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Dennis Johnson, Fremantle Development, Inc. and the heirs, assigns, and/or successors in interest of certain property, hereinafter referred to as "OWNER", is for and in consideration of the furnishing of utility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and agree to annexation of the PROPERTY to the CITY, and does hereby agree to the conditions of annexation herein, and does hereby declare this covenant. 1. ACKNOWLEDGMENTS AND REPRESENTATIONS The OWNER does hereby acknowledge and agree as follows: WSC0001-00 03/28/00 Page 1 1.1. The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. 1.2. The OWNER is seeking Preliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water and sewer services to the PROPERTY, which the owner understands and agrees may be limited by issues including the Endangered Species Act (ESA) and other governmental agencies. 1.3.1. The OWNER understands that King County has indicated it will not be able to accept a Certificate of Sewer Availability at this time. 1.4. This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. This Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significance and environmental review under SEPA. 1.6. The CITY'S Comprehensive Plan requires annexation or a commitment to future annexation and compliance with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY. 1.7. Washington law recognizes a City's requirement of an annexation agreement or a commitment to future annexation as a condition of extending utility service outside the corporate limits of the CITY. 1.8.. Extension of utility services beyond CITY limits is subject to the authority of the King County Boundary Review Board, and said Board requires WSc0001-00 03/28/00 Page 2 that such extensions be conditioned on annexation or efforts toward annexation. 1.9. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to the King County and Pierce County Countywide Planning Policies. 1.10. It is in the interest of the citizens of the CITY to insure that all developments which are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY, are constructed in accordance with CITY development standards as defined by section 14.18.006(C) of the Auburn City Code. 1.11. The OWNER'S request for the extension of utility services was duly considered by the CITY, and it was determined that the furnishing of water and sewer services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1.12. The OWNER does hereby acknowledge that in the event of violation or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is legally described in Attachment A, attached hereto and represented by reference as if set forth in full. The OWNER warrants that Attachment -A is correct as fully describing subject PROPERTY. WSC0001-00 03/28/00 Page 3 3. PETITION AND COVENANT FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby petition, agree and covenant as follows: 3.1. The OWNER does hereby apply for and petition for annexation of the PROPERTY to the CITY and thereby agrees, promises and covenants that if at any time the PROPERTY is included within any area which is being considered for annexation to the CITY, said OWNER does join in said annexation and by this PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is irrevocable. The OWNER recognizes and agrees that by signing this Agreement, the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event the PROPERTY is within a proposed annexation area. 3.2. The OWNER agrees to execute all necessary documents such as applications, letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for his/her/their heirs, successors and assigns, agrees and covenants with the CITY, and to the present and future owners of the PROPERTY to which this covenant relates, that this agreement is to constitute a covenant running with the land, and shall burden such land that he/she/they shall, whenever so requested, execute such letters, notices, petitions or other instruments. Owner agrees to immediately record this document and specifically advise future interests in the property. WSC0001-00 03/28/00 Page 4 o o 0 3.3. The OWNER recognizes that the laws of the State of Washington relating to the annexation of property by a city provides that property may be 0 annexed to a city if property owners, equal to sixty percent of the assessed p value of property within the area proposed to be annexed, sign a petition for o such an annexation. 0 C? 3.3.1 The OWNER further recognizes that other methods of annexation are allowed under the laws of the State of Washington, including the election method. 3.4. The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the certain rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such rights in consideration of receiving the described utility services. 3.5. The OWNER understands and agrees that upon annexation by the CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted prior to, or existing at, the date of annexation. 3.6 The undersigned OWNER of the PROPERTY, - on behalf of himself/herself/themselves, his/her/their heirs, successors and assigns, hereby designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER may do with respect to the annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of water and/or sewer service by the CITY, and this Special Power of Attorney is further given as security for performance of the annexation WSc0001-00 03/28/00 Page 5 covenant obligation set forth herein. This Special Power of Attorney is not revocable and shall not be affected by the disability of the principal. 3.7 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide water and sewer utility services to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree to comply with the following: 4.1. Before the agreement is recorded, the applicant needs to provide a revised plat layout that meets City Standards, to be approved by the Planning Director. The applicant is allowed to not meet the City's standard that requires each parcel have a minimum of 20 feet frontage along a public street, and to use access tracts to access inner parcels, instead. 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. WSC0001-00 03/28/00 Page 6 d1 O O O 5.2. Nothing in this agreement shall be construed to create any financial C obligation on the part of the CITY with regard to annexation, construction of 0 utility facilities and appurtenances, or any other matter. The OWNER and the CD CITY hereby acknowledge that it is the OWNER'S responsibility to finance the 0 design and construction of utility facilities needed to serve OWNER'S property O consistent with CITY plans and specifications, unless otherwise agreed by the CITY. 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and approval prior to construction, and CITY inspection during construction of all public improvements as they are built, regardless of the ownership of such improvements, and shall reimburse the CITY for any reasonable costs incurred in such plan review and inspection. 5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the parties in writing. 5.5. If for any reason of any default or breach on the part of either the OWNER or the CITY in the performance of any of the provisions of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be King County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. 5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall inure to the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties hereto and is a covenant running with -the land. The OWNER agrees to indemnify and hold the CITY harmless from any claims that any subsequent purchaser may have as a result of this Agreement, including CITY's attorney fees and costs. WSc0001-00 03/28/00 Page 7 d+ 0 0 5.7. Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in writing and sent by registered or certified V mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the date it is deposited in the O O U.S. Postal Service mail with postage prepaid. O 5.7.1 The OWNER warrants that the OWNER will undertake, and be 02 responsible for, all notifications, including recording, to all parties of interest and future parties of interest. 5.8. In the event that any term, provision, condition, clause or other portion of. this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, Pe OWNER and the CITY hereto have executed this Agreement as of this 3J5 day of 41j,%Z 2000. CITY OF AUBURN -e" n- . f�o� CHARLES A. BOOTH MAYOR WSC0001-00 03/28/00 Page 8 ATTEST: 111)az�u L.L'6a� Danielle Daskam City Clerk P EDA O F RM: Michael J. Reynolds, City Attorney STATE OF WASHINGTON ss COUNTY OF KING ) On this day of ag . , 2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared CHARLES A. BOOTH and DANIELLE DASKAM, to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said City of Auburn, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. ,% p, A. Bop fl01 t1OTAA y�'��. err' PLIB,iC WSC0001-00 03/28/00 Page 9 I A m- rA A-. 88-f ree V NwA�ME A4_nA-LA l�✓ - NOTARY PUBLIC in and for the State of Washington, residing at Z 60. MY COMMISSION EXPIRES: i0- 9-Q -�g d� O O OWNER: Dennis Johnson, Fremantle Development, Inc. O ' d� d� Dennis Joh on O O TITLE President CD O - �✓c��aw��r CQ STATE OF WASHINGTON ) ss COUNTY OF KING ) On this z`i day of J2r , 2000, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Dennis Johnson, the President of Fremantle Development, Inc., the REPRESENTATIVE that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said OWNER, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument on behalf of said OWNER. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date hereinabove set forth. WSC0001-00 03/28/00 Page 10 (Printed Name) NOTARY PUBLIC in and for the State of Washington, residing at K 11 tic re, � MY COMMISSION EXPI ES� ATTACHMENT A ... LEGAL DESCRIPTION: v THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION O WITHIN THE BODY OF THE DOCUMENT. ce PT N N E 'A N E '/4, 09-21-05 LOT 'A' OF KING COUNTY BOUNDARY LINE ADJUSTMENT NO. L95L0163 AS RECORDED UNDER RECORDING NUMBER 9603149010 BEING A PORTION OF NORTHEAST QUARTER OF NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON PARCEL NUMBER 092105-9070-07 WSC0001-00 03/28/00 Page 11