HomeMy WebLinkAboutITEM VIII-B-2
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AGENDA BILL APPROVAL FORM
Agenda Subject: WSC04-0015 Hazel Heights Date:
June 30, 2005
Department: I Attachments: Development Agreement; Sewer Certificate Budget Impact:
Planning Application includino Site Plan, and Public Hearine Pestine Notice
Administrative Recommendation:
City Council adopt Resolution No. 3867.
REPORT OF FACTS:
OWNER: David and Clemence Baker
APPLICANT: Mr. Steve Jewett, Hazel Heights LLC; Fremantle Development; Tom Redding (Baima and
Holmberg)
SUBJECT: City File No. WSC04-0015 - Hazel Heights (King County Parcel No. 0521059039); 4.32 acres
located at the northwest corner of the intersection of 112th Avenue SE and SE 304th Street
PARCEL NUMBER: King County Assessor's parcel number 0521059039
ADDRESS: 11112 SE 304th Street. Property contains a single family dweiling and is located at the
northwest corner of 112th Avenue SE and SE 304th Street.
PROPOSAL: Request for water and sewer availability certificate (outside utility extension agreement) for
a proposed 22 lot preliminary plat (with tracts) in unincorporated King County.
BACKGROUND:
The proposal is an outside utility extension agreement related to water and sewer service for a proposed
22 lot preliminary plat in unincorporated King County. The proposal is located within the City's Potential
Annexation Area and has requested City water and sewer.
City of Auburn Comprehensive Plan Policy CE-3 was amended in 2004 to ailow for the extension of City
of Auburn utility services beyond the City limits only in specific circumstances (or until such time a joint
planning agreement is in effect between the City and County to ensure city development standards are
applied). A3.13.8 WSC04-0015 L0705-4
!ievleW~d DY ,..ounclI.&. Committees: ES: ~Vlewed by Department~.&Ylvlslons:
~A'" Comm","" COUNCIL COMMITTE r"'" ~M&O
Airport Finance Cemetery Mayor
"000'" "',m ,," ~ M """,,,, "'" Finance Parks
Human Services Planniœ & CD Fire Planning
Park Board Public orks Le al Police
Planning Comm. Other PU~liC Works Human Resources
Action:
Committee Approval: BYesBNo
Council Approval: Yes No Cail for Public Hearing -f-f_
Referred to Untii I I
Tabled Until T-¡-
Councilmember: Norman I Staff: Krauss
Meeting Date: June 5, 2005 litem Number: VIII.B.2
AUBURN * MORE THAN YOU IMAGINED
_.__.~_._--,--_.__._--
Agenda Subject: WSC04-0015
Hazel Heights
Date:
June 30, 2005
This policy went into effect January 1, 2005 and allows those applications that do not meet the specific
exceptions and that were submitted prior to the January 1, 2005 date to be processed under a prior
policy. The applicant's proposal does not meet any of the identified exceptions in the Comprehensive
Plan Policy CE-3 but was submitted October 28, 2004.
FINDINGS OF FACT
1. The applicant is requesting an outside utility service agreement for a proposed 22 lot preliminary plat
(with tracts) generally located at the northwest corner of 112th Avenue SE and SE 304th Street in
unincorporated King County. Street access is proposed from 112th Avenue SE. No access is proposed
on SE 304th Street. The proposed plat will be processed by King County.
2. Agreements to extend utility services outside the corporate limits of the City are authorized by RCW
35.67.310, RCW 35.91.020 and RCW 35.92.170.
3. The subject parcel is approximately 4.32 acres and is located in the City of Auburn's Potential
Annexation Area (PAA). The parcel is zoned "R4" in King County and the King County Assessor records
show that a single-family dwelling (11112 SE 304th Street) is located on the parcel.
4. City of Auburn Comprehensive Plan Policy CE-3 states the City of Auburn will not provide sewer and/or
water service outside of the city limits except in certain discrete circumstances or until such time the city
and county enter into a joint planning agreement to ensure that city development standards are met.
This policy went into effect January 1, 2005. However, water/sewer availability certificate applications
submitted prior to that date are being processed under a prior City policy. The applicant's proposal was
submitted October 28,2004.
5. As the application was submitted prior to January 1, 2005, it is subject to City of Auburn
Comprehensive Plan Policy CE-3 (Chapter 13 - City Expansion and Annexation) in effect prior to its
amendment in December 2004. The former Comprehensive Plan Policy CE-3 stated, in part,
"The City of Auburn shall require...as a condition of extending sewer and/or water utility service to
properties within the Potential Annexation Area...(but not adjacent to the City limits)...the signing
of a legally binding agreement to support annexation to the City at such time as the City deems
annexation appropriate. In these cases where immediate annexation is either not required or not
possible, the following conditions shall apply:
a. The property owner/developer shall demonstrate to the City's satisfaction that adequate urban
governmental services (including but not limited to storm and sanitary sewer systems, streets and
arterials, domestic water systems, parks and open spaces, fire and police protection services,
emergency medical services, public schools and public transit services) will be provided to the
development; and
b. The City should pre-zone the subject property and the property owner/developer shall agree to
comply with appropriate City policies, subdivision and zoning requirements where such
requirements are not superseded by applicable County requirements (in the event of significant
conflict between City and County requirements, the City may choose to not extend utility
service)...; and
c. The property owner/developer shall agree to comply with appropriate City development
standards and public facility specifications where such requirements are not superseded by
applicable County requirements (in the event of significant conflict between City and County
requirements, the City may choose to not extend utility service). Any facilities to be dedicated to
Page 2 of 6
Agenda Subject: WSC04-0015
Hazel Heights
Date:
June 30, 2005
the City of Auburn upon completion (e.g. sewer and water lines and appurtenances) shall be built
strictly according to City standards and specifications."
6. Auburn City Code (ACC) Section 14.18.070(A) identifies the findings that must be made for an
agreement to provide services outside of the City limits to be recommended for signing and states,
"A. The development agreement shall be recommended for signing only if
findings of fact are drawn to support the following:
1 . The development is consistent with city development standards; and
2. The development is consistent with the city comprehensive plan; and
3. The property cannot be annexed immediately."
7. An analysis of the proposal against the criteria in ACC 14.18.070(A) follows,
a. The proposal is generally consistent with city development standards. The proposal has been
reviewed by various city departments and satisfies city development standards except
for certain requirements identified in Finding #10 below which reflect city concessions and
accommodations granted to the applicant as part of the agreement.
Conditions should be imposed to ensure the city standards are satisfied.
b. The proposal is consistent with the Auburn Comprehensive Plan. The subject property is
designated "Single Family Residential" on the City of Auburn Comprehensive Plan Map. The
proposed development is consistent with the Auburn Comprehensive Plan designation. The density
proposed (22 single family dwellings on 4.32 acres) is approximately 5.09 units/acre. This is
consistent with the City's "Single Family Residential" Comprehensive Plan designation density.
c. The property cannot be annexed immediately. The properties are not adjacent to existing City
limits and there are several intervening parcels between the existing city limits and these parcels.
8. Water/Sewer Utility Service. The Public Works Department has determined that water and sewer
service is or can be made available to the property subject to the following requirements.
Water
The water line will be required to loop through the property via extending the 8" water line from Tract "E"
to SE 304th Street. Utility easements, westward from Tract "D" and northward from Tract "C" for
possible future extension of the water system and elimination of dead ends will also be required under
authority provided by ACC 13.16.090 "Dead End Mains Prohibited".
Sewer
Eight (8) inch sanitary sewer mains shall be extended from 112th Ave SE upon public roadways and city
easements to provide a sanitary sewer main line to service the proposal. No off-site extension is
required. No build through of the sewer lines to service adjacent unserved parcels shall be required.
The applicant shall verify whether the existing sanitary sewer line upon 112'h Ave SE is at a sufficient
depth to service the proposed lots via gravity mains. Individual grinder pumps shall not be allowed. City
standards for the construction of sanitary sewer lines shall be followed including that the maximum length
of side sewers shall not exceed 150 feet from the main line to the house.
Service is subject to paybacks and easements.
9. Other City standards. In addition to meeting City standards for water and sewer provision, the outside
utility extension agreement water/sewer certificate should, if granted, be conditioned to address the
Page 3 of 6
Agenda Subject: WSC04-0015
Hazel Heights
Date:
June 30, 2005
following items identified during the review process.
Storm DrainaQe
The storm drainage system shall be built to City of Auburn Standards with exception of the modifications
provided for in Finding #10 below.
Traffic
· Half street improvements on 112th Avenue SE shall be constructed to City of Auburn standards
for a residential collector arterial and SE 304th Street shall be constructed to City of Auburn
standards. This requires 55 feet of right of way. It appears that 60 feet of right of way exists on
both roads now.
· The intersection spacing of Road A from SE 301 st Way and SE 304th St. shall meet city
standards.
· Road A shall be constructed to City of Auburn standards for a local residential road.
· No direct lot access residential shall be allowed to either 112th Ave SE or SE
304th Street.
· Access tracts shall meet city standards with respect to length, width, improvement and number of
lots served.
· Street lights shall be provided in accordance with city standards. To provide for the modification
related to the horizontal radius curve at Road A (see finding #10 below) the development's
entrance and the curve itself in Road A and in the vicinity of Tract Band C shall be adequately
lighted with new street lighting installed by the applicant.
Fire
· Road A and Tracts C, D, E, F shall be posted as fire lanes in accordance with IFC 503.2.1 and
ACC 10.36.175
Other
· The calculation and amount of any impact fees, including those for roads and parks, paid to King
County shall be reported to the City.
· All other applicable City development standards shall be complied with.
1Q." Request for Modifications
The applicant's proposal involves modifications from City design standards. In drafting this outside utility
extension agreement, City staff has reviewed the following modifications and recommends that they be
granted as concessions and accommodations negotiated with the developer as part of the outside utility
extension agreement for the reasons cited herein.
Storm
A. The applicant's proposal reduces the pond setback from 20 feet to 5-15 feet, depending upon the
location. This is supported by an abundance of landscape plantings proposed as a means of screening
the facility.
B. The applicant's proposal places the pond fencing from a location within the pond
side slope area to the outer perimeter of the pond Tract A. This is a requirement of King County, and
given the proposed layout of the pond, will actually facilitate future maintenance.
Page 4 of 6
Agenda Subject: WSC04-0015
Hazel Heights
Date:
June 30, 2005
Traffic
C. The horizontal radius of road A does not appear to meet city standards. City Design Standards
10.02.1 Table 10-1 requires a 375 foot radius. A request to a 55-foot horizontal centerline radius is
supportable due to the fact that the road in question is a low speed, short distance road; however, street
lighting should be placed near Tract B in the vicinity of the 55-foot horizontal centerline radius curve on
Road A and at the entrance to the development to promote safety at these locations.
CONCLUSIONS
1. The findings of fact indicate that the proposal can be made consistent with City Comprehensive Plan
Policy CE-3.
· Adequate urban services will be provided to the development;
· Development can comply with King County standards for zoning and
permitting; and,
· The applicant shall comply with City public facility standards.
2. The applicant's proposal has met the criteria for the granting of a water/sewer availability certificate
identified in ACC 14.18.070(A).
RECOMMENDATION
Based on the facts and findings and conclusions of the staff report, staff recommends that the Planning
and Community Development Committee recommend to the City Council approval of the development
agreement subject to the following conditions:
1. Water
The water line shall be looped through the property via extending the 8" water line from Tract "E"
to SE 304th Street. Utility easements, westward from Tract "D" and northward from Tract "C" for
possible future extension of the water system and elimination of dead ends will also be required
under authority provided by ACC 13.16.090 "Dead End Mains Prohibited".
2. Sewer
A. Eight (8) inch sanitary sewer mains shall be extended from 112th Avenue SE upon public
roadways and city easements to provide a sanitary sewer main line to service the proposal.
No off-site extension is required. No build through of the sewer lines to service adjacent
unserved parcels shall be required.
B. The applicant shall verify whether the existing sanitary sewer line upon 112'h Avenue SE is at
a sufficient depth to service the proposed lots via gravity mains. Individual grinder pumps
shall not be allowed. City standards for the construction of sanitary sewer lines shall be
followed including that the maximum length of side sewers shall not exceed 150 feet from the
main line to the house.
C. Service is subject to paybacks and easements.
3. Storm DrainaQe
The storm drainage system shall be built to City of Auburn Standards as depicted in the
applicant's site plan (revised date of 6/1 0/05) with exception of the modifications provided for
below.
4. Traffic
A. Half street improvements on 112th Avenue SE and SE 304th Street shall be constructed to City
of Auburn standards. 112th Avenue SE shall be constructed to City of Auburn standards for a
residential collector arterial.
Page 5 of 6
Agenda Subject: WSC04-0015
Hazel Heights
Date:
June 30, 2005
B. The intersection spacing of Road A from SE 301 st Way and SE 304th St. shall meet city
standards.
C. Road A shall be constructed to City of Auburn standards for a local residential road.
D. No direct lot access shall be allowed to either 112th Ave SE or SE
304th Street.
E. Access tracts shall meet city standards with respect to length, width, improvement and number of
lots served.
F. Street lights shall be provided in accordance with city standards. To provide for the modification
related to the horizontal radius curve at Road A, the development's entrance and the curve itself
in Road A and in the vicinity of Tract Band C shall be adequately lighted with new street lighting
installed by the applicant.
5. Fire
A. Road A and Tracts C, D, E, F shall be posted as fire lanes in accordance with IFC 503.2.1 and
ACC 10.36.175.
6. Other
A. The calculation and amount of any impact fees, including those for roads and parks, paid to King
County shall be reported to the City.
B. All other applicable City development standards shall be complied with.
Modifications
In addition to the conditions identified above, the applicant's proposal involves modifications from certain
City design standards. City staff has reviewed the following modifications and recommends that they be
granted as concessions and accommodations negotiated with the developer as part of the outside utility
extension agreement for the reasons cited herein.
1. Storm
A. The pond setback may be reduced from 20 feet to 5-15 feet, depending upon the location. This is
supported by an abundance of landscape plantings proposed as a means of screening the
facility.
B. The applicant's proposal places the pond fencing from a location within the pond side slope area to
the outer perimeter of the pond Tract A. This is a requirement of King County, and given the
proposed layout of the pond, will actually facilitate future maintenance.
2. Traffic
The request to a 55-foot horizontal centerline radius is supportable due to the fact that the road in
question is a low speed, short distance road.
Page 6 of 6
REQUEST FOR CERTIFICATE OF WATER AND/OR SewER AVAILABILITY FOR
GENERAl DEVELOPMENT
APPLICATION NO.: (1)5C 0 Lf- óO I!!:
DATE RECEIVED: / tJ - ;2..J>- 0 tj
APPLICATION FEE: $257. T.R. #:
RE:CEIVED
Staff Project Coordinator:
7)4 v-e. O-=; a t't"
OCT 2 8 /004
PLANNING DEPAR1MEN1
--Do not write above the line---
APPLICANT: COMPlETE THIS FORM WITH All ENTRIES BBNG TYPED (except signatures) OR
NEATLY PRINTED IN INK. IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL
PAGES.
THIS IS A REQUEST FOR (check one or both):
~ SEWER AVAIlABILITY ~ WATER AVAIlABILITY
APPliCANT (Name, Address & Phone):
AGENT (Name, Address & Phone):
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GENERAL LOCATION OF DESIRED SERVICE:
Street Address (if known):
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Parcel No. (Tax ID No.) for the subject property:
0'>2.1 () <;' - 'H3"
Section No., Township, Range in which property is located: SE' 0<;. 2.1 . OS"
TYPE OF APPROVAlJPERMIT BEING REQUESTED FROM THE COUNTY:
o BUILDING PERMIT
o SHORT SUBDIVISION (number of Iols: )
81 PRELIMINARY PLAT OR PUD (number of Iols: Zz..
o REZONE FROM TO
o OTHER (specify):
WaIef-Sewer Certificate for General Development
ReYised113012OO4
Pa,ge 4 of 6
DESCRIBE WHY YOU NEED SewER AND/OR WATER SERVICE. HOW WILL THE
PROPERTY BE USED AFTER SEWER AND/OR WATER IS AVAIlABLE? WHAT Pl.ANS DO
YOU HAVE TO DEVELOP THE PROÆRTY? (be as specific as you can)
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(attach additional sheets if needed)
ALL PERSONS HAVING AN OWNERSHIP INTEREST IN THE PROPERTY MUST SIGN
BELOW:
Name
t)av~ð -t ClnVlnH'
Address
~Ia... I!J I"L S¡; 30'/ ~ sl-
!Phone
9: ~3 - 2." '1 '-/
-
I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION,
INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT TO THE BEST Of' MY
KNOWLEDGE.
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Date /0 -.l. 7-o~
TO BE CONSIDERED COMPlETE, THIS APPLICATION FORM MUST BE ACCOMPANIED BY:
· Complete legal Description (see Section 4A of the Instructions);
· Site Plan (including information listed in Section 4B of the Instructions);
· Environmental Checkßst. unless exempt (see Section 4C of the Instructions).
Waler-8ewer Certificate for General Development
Revised 113OJ2OO4
Page 5 of 6
T
Mar- 30 05 09: 24a ._.. FREMANTLE
425467.6603
p.3
REQUEST FOR CERllFICATE OF WATER ANDIOR SEWER AVAILABILIITY FOR
GENERAL DEVELOPMENT
APPLICATION NO.:
DATE RECEIVED:
APPLICATION FEE: $257.
T.R.#:
Staff Project CoordinaIDr.
·-00 not write aboVÐ the line···
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR
NEATLY PRINTED IN INK. IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACHI ADDmONAL
PAGES.
THIS IS A REQUEST FOR (check one or both):
~ SEWER AVAILABILITY [2g WATER AVAILABILITY
APPLICANT (Name. Address & Phone):
AGENT (Name, Address & Phone):
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GENERAL LOCATION OF DESIRED SERVICE:
Street Address (If known):
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Parcel No. (Tax ID No.) for the subject property:
0,>,,10 $' _ 'H> 3"\
Section No., Township, Range in which property Is located: Sf:" C:;. 2. I - 0 S-
TYPE OF APPROVALlPERMIT BEING REQUESTED FROM THE COUNTY:
o BUILDING PERMIT
D SHORT SUBDIVISION (number of lots: )
BI PRELIMINARY PLAT OR PUD (number of lots: ZZ-
o REZONE FROM TO
D OTHER (specify):
Wal:er-$ewer Certificate for General D&veIopment
R""'-d f/3WZ004
Page 4 of 6
Mar 30.__.05 09: .2.4..a
FREHANTLE
4~.:¡.4.6766D3
p.2
CONTRACTORS INC.
MEMORANDUM
DATE:
March 29, 2005
TO:
City of Auburn Planning
AnN:
David Osaki
RE:
Hazel Heights, Tax # 0521059039
Dear David,
Please note that FremantIe Development, Inc. has conveyed its interest in the above
referenced property to Hazel Heights L.L.C.
We no longer have any association with the pending application (attached) for st:wer and
water service and hereby assign our interest in the pending application to Hazel Heights
L.L.C. whose registered agent is The Coba Group, Attn: Steve Jewett, 800 Bellevue Way
N.E. #400, Bellevue, Wa. 98004. The property owner is stilI David Baker.
The contact person for this application will continue to be the Agent as listed on the
application, Baima and Holmberg, Attn: Tom Redding. All questions and
correspondence should continue to be forwarded to Baima and Holmberg, 100 Fwnt St.
South, Issaquah, Wa. 98023.
Thank you for updating the record for this application. Please call with any questions or
comments.
Respectfully
JOHNSON CONTRACTORS. INC.
~
Dennis E. Johnson
President
Cc: Shupe Holmberg, Baima and Holmberg
Steve Jewett, The Coba Group
EO. Box 3574 Belkvt/~. Washington 98009·3574 Phont: 425.467.6602 FIlX: 425.4676603 (mail: dtjjohmon@holmail.com www.]oh1l$OnCOnrTll£t(JN.COm
* *
AUBuRN
. WASHINGTON
Peter B. Lewis, Mayor
25 West Main Street * Aubum WA 98001-4998 * www.aulllUmwa.gov * 253-931-3000
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
The Planning and Community Development Committee of the City Council of the Cit~' of Auburn,
Washington, will conduct a public hearing on June 27, 2005 at 5:00 p.m. in the City Council
Chambers of Auburn City Hall located at 25 West Main Street on the following:
FILE NO.:
WSC 04-0015
OWNER:
David and Clemence Baker
APPLICANT:
LOCATION:
Mr. Steve Jewett, Hazel Heights LLC; Fremantle Development Inc.
Property is approximately 4.32 acres located at the northwest corner of the
intersection of 112th Avenue SE and SE 304th Street (11112 SE 304th
Street).
PROPOSAL IS:
Outside Utility Extension Agreement (water and sewer availability certificate)
request for a proposed 22 lot preliminary plat. .
.
The City of Auburn has been asked to provide sewer and/or water to this project. In order to provide sewer
and/or water to this project the City of Aubum must find that the proposal conforms to al,propriate City
development standards. Development standards typically include sewer, water, and storm dr¡~inage utilities,
street construction standards, access, etc.
At this public hearing the City will not be deciding or discussing whether the, proposal is
consistent with King County requirements such as zoning, land use, wetlands, or the
environmental impacts the project may have upon surrounding properties or neighborhoods. Only
King County has the authority to decide those issues through its land use process with the
developer. Issues involving zoning, land use (i.e., density), and environmental impaclts associated
with this proposal must therefore be addressed to King County.
"::'bEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
'21) WEST MAIN STREET AUBURN WA 98001 253' 931-3090
=1 LIY..IH ~ ~ :> )
AUBURN GOLF COURSE _II III ~ H~~
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BAIMA & HOLMBERG INC.
March 30, 2005
RECEIVED
MAR 3 1 Z005
plANNING OEPAR1\111EN1
Joe Welsh
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Re: Hazel Heights-WSC04-0015
Request for Deviation wm Road Standards
Dear Joe:
Please consider this a request for a deviation from road standards-horizonud
curve radius. The proposed preliminary 22-lot plat Hazel Heights is at the comer
of SE 304111/112111 Avenue SE, in unincorporated King County, but within the City
of Auburn water/sewer service area. We would like to request that we be allowed
to use the King County Road Standards minimurn 55' horizontal curve radius on
the proposed public access road into the project. The City of Auburn Design
Standards call for a nùnimum horizontal curve radius of 375'. The 375' radiv~
will not work well with the 295' wide parcel. The proposed 55' radius will allow
the lots to be more rectangular and more efficiently laid out. Because the
proposed access road is a 400' cul-de-sac without the possibility of being
extended, it is anticipated that there will not be speed inducted sight distance
problem. We feel that the proposed curve radius is safe and practical design.
Please call me at 425-392-0250 if you have any questions or need additional
information.
Very truly yours,
BAIMA & HOLMBERG, INC.
~~*ÞPr~C(
Tom Redding
H:\Jobs\1700\174I-OI)~IJoeWdsh.doç
_.100 FRONT STREET SOUTH . ISSAQUAH· WASHINGTON· 98027-3817· (425)392-0250' (425)391-3055
RESOLUTION NO.3 8 6 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN OUTSIDE UTILITY EXTENSION
AGREEMENT BETWEEN THE CITY OF AUBURN AND HAZEL
HEIGHTS, LLC, FREMANTLE DEVELOPMENT, BAIMA AND
HOLMBERG, AND DAVID AND CLEMENCE BAKER FOR
EXTENSION OF WATER AND SEWER SERVICES TO
PROPERTY LOCATED AT 11112 SE 304 TH STREET
WHEREAS, pursuant to RCW 35.67.310, RCW 35.91.020 andl RCW
35.92.170, cities are authorized to enter into agreements to extend utilities to
property outside the corporate limits of the City, and to develop projects
whereby, pursuant to negotiated agreements, the development standards,
including impact fees, SEPA requirements and mitigation, design standards,
phasing issues, review procedures, vesting issues, and any other appropriate
development requirements, are defined; and
WHEREAS, Hazel Heights LLC, Fremantle Development, Baima and
Holmberg, and David and Clemence Baker have a project for which water and
sewer services are needed, the location of which is 11112 SE 304th Street; and
WHEREAS, it is advantageous for the City and the Developer to reach
agreement on the conditions and applicable standards so that the develclpment
requirements can be planned with certainty, not only as to the more immediate
--------------------------------------
Resolution NO.386?
June 30, 2005
Page 1
.------.....----
'-I-~
portions of the project, but also as to later planned phases, and as to th'e types
of improvements that will be built; and
WHEREAS, state law requires that such projects be consistent with
current local regulatory requirements, and the City's Outside Utility Extension
Agreement would be able to assure such consistency, while at the same time
fixing requirements for future planned phases; and
WHEREAS, pursuant to Section 14.18.020 et seq. of the City Code and,
a public hearing before the Auburn City Council Planning and Community
Development Committee was held on the 27th day of June, 2005, on the
proposed Outside Utility Extension Agreement, at which public hearin~1 those
persons whishing to speak to the issues were afforded an opportunity to do so;
and
WHEREAS, it is in the public interest and best interests of the City to
enter into such an Outside Utility Extension Agreement with Hazel Heights LLC
and David and Clemence Baker for extension of water and sewer services to
the development property located at 11112 SE 304th Street.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute an Agreement between the City of J\uburn
--------------------------------------
Resolution NO.3867
June 30, 2005
Page 2
____ __ _ ___··"-_.0__.. ..._.__........,...___.._____.
and Hazel Heights LLC, Fremantle Development, Baima and Holmberg, and
David and Clemence Baker for the extension of water and sewer services to
property located at 11112 SE 304th Street, which agreement shall be in
substantial conformity with the Agreement a copy of which is attached hereto,
marked as Exhibit "A" and incorporated herein by this reference.
Section 2. The Mayor is hereby further authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation, including recording the outside utility extension agreement with
the real property records of King County, Washington, applicable City codes.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this _ day of
,200 .
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
~_._----------------------------------
Resolution No.3867
June 30, 2005
Page 3
,-~---
Daniel B. Heid,
City Attorney
--------------------------------------
Resolution NO.3867
June 30, 2005
Page 4
Return Address: Citv of Auburn
Plannina DeDt. 25 West Main Street
Auburn. WA 98001
WSC04-00 15
Parcel Numberlsl 052105-9039
Additionalleaal on Daae 12
OUTSIDE UTILITY EXTENSION AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and Mr.
Steve Jewett, Hazel Heights, LLC; Fremantle Development; Tom Redding, Baima
and Holmberg; and David and Clemence Baker, 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:
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 approvai from King County
for the PROPERTY.
1.3. The OWNER has requested the CITY to furnish water cmd sewer
services to the PROPERTY, which the owner understands and agrees may be
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limited by issues including the Endangered Species Act (ESA) and other
governmental agencies.
1 .4. This Agreement to extend water and sewer services outside the
corporate limits of the CITY is authorized by RCW 35.67.310, RCW 35.91.020 and
RCW 35.92.170, and shall not be construed as an agreement pursuant to RCW
82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied
hereto. The OWNER hereby acknowledges the authority of the City to enter into
utility extension agreements pursuant to RCW 35.67.310, RCW 35.91.O:W and RCW
35.92.170, and as part of the consideration of the City entering into this
agreement, and the concessions and accommodations of standards otherwise
applicable, the OWNER covenants not to challenge this agreement or the
authority under which it was made. The OWNER also hereby acknowledges that
neither this Agreement nor the action of the CITY to make and/or approve this
Agreement constitutes a land use decision within the meaning and purpose of
the Land Use Petition Act (LUPA), pursuant to RCW Chapter 36.70C. The
concessions and accommodations negotiated by the parties in this Agreement
included, but are not limited to:
1. Storm
A. The pond setback mav be reduced from 20 feet to 5-:15 feet,
dependina upon the location. This is supported bv an abundance of landscape
plantinas proposed as a means of screenina the facility.
B. The applicant's Proposal places the pond fencina from a
location within the pond side slope area to the outer perimeter of the pond
Tract A. This is a reauirement of Kina Countv, and aiven the proposed lavout of
the pond. will actuallv facilitate future maintenance.
2. Traffic
The reauest to a 55-foot horizontal centerline radius is supportable due to the
fact that the road in auestion is a low speed. short distance road.
1.5. This Agreement does not preclude any evaluCltion 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.
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--~_..._._-- -----------.-.,,'"--------
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 Boord requires
that such extensions be conditioned on annexation or efforts toward
annexation.
1.9. The PROPERTY is located within the ClW'S POTENTIAL AI-.JNEXATION
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 corporote 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 OUTSIDE UTILITY EXTENSION 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 hereby described as follows: 11112 SE 3041h Street, Auburn WA.
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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 ils correct as
fully describing subject PROPERTY.
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 ond 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 automCltically 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.
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
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annexed to a city if property owners, equal to sixty percent of th'9 assessed
value of property within the area proposed to be annexed, sign a petition for
such an annexation.
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 annexal'ion 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 P~~OPERTY to
the CI1Y, 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 cmnexation
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.
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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. Water
The water line shall be looped through the property via extending the 8" water
line from Tract "E" to SE 304th Street·. Utility easements, westward from Tract "D"
and northward from Tract "C" for possible future extension of the water system
and elimination of dead ends will also be required under authority provided by
ACC 13.16.090 "Dead End Mains Prohibited".
4.2. Sewer
A. Eight (8) inch sanitary sewer mains shall be extended from
112th Avenue SE upon public roadways and city easements to provide a
sanitary sewer main line to service the proposal. No off-site extension is required.
No build through of the sewer lines to service adjacent unserved parcels shall be
required.
B. The applicant shall verify whether the existing sanitary sewer line
upon 112th Avenue SE is at a sufficient depth to service the proposed lots via
gravity mains. Individual grinder pumps shall not be allowed. City standards for
the construction of sanitary sewer lines shall be fOllowed including that the
maximum length of side sewers shall not exceed 150 feet from the main line to
the house.
C. Service is subject to paybacks and easements.
4.3. Storm Dralnaae
The storm drainage system shall be built to City of Auburn Standards os
depicted in the applicant's site plan (revised date of 6/10/05) with exception of
the modifications provided for below.
4.4. Traffic
A. Half street improvements on 112th Avenue SE and SE 304th
Street shall be constructed to City of Auburn standards. 112th Avenue SE shall
be constructed to City of Auburn standards for a residential collector orterial.
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B. The intersection spacing of Road A from SE 301 st Woy and SE
304th St. shall meet city standards.
C. Road A shall be constructed to City of Auburn standards for a
local residential road.
D. No direct lot access shall be allowed to either 112th Ave SE or SE
304th Street.
E. Access tracts shall meet city standards with respect to length,
width, improvement and number of lots served.
F. Street lights shall be provided in accordance with city standards.
To provide for the modification related to the horizontal radius curve ot Road A.
the development's entrance and the curve itself in Road A and in the vicinity of
Tract Band C shall be adequately lighted with new street lighting instolled by
the applicant.
4.5. Fire
A. Road A and Tracts C, D, E, F shall be posted as fire lanes in
accordance with IFC 503.2.1 and ACC 10.36.175.
4.6. Other
A. The calculation and amount of any impact fees, including
those for roads and parks, paid to King County shall be reported to the City.
B. All other applicable City development standards shall be
complied with.
1. Storm
A. The pond setback may be reduced from 20 feet to 5-15 feet,
depending upon the location. This is supported by an abundance of landscape
plantings proposed as a means of screening the facility.
B. The applicant's proposal places the pond fencing from a
location within the pond side slope area to the outer perimeter of the pond
Tract A. This is a requirement of King County, and given the proposed layout of
the pond, will actually facilitate future maintenance.
2. Traffic
The request to a 55-foot horizontal centerline radius is supportable due to the
fact that the road in question is a low speed, short distance road.
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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.
5.2. Nothing in this agreement shall be construed to create any financial
obligation on the part of the CITY with regard to annexation, construction of
utility facilities and appurtenances, or any other matter. The OWNER and the
CITY hereby acknowledge that it is the OWNER'S responsibility to finance the
design and construction of utility facilities needed to serve OWNER'S property
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 I~greement
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 OUTSIDE UTILITY EXTENSION
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
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harmless from any claims that any subsequent purchaser may have as a result
of this Agreement. including CITY's attorney fees and costs.
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
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
U.S. Postal Service mail with postage prepaid.
5.7.1 The OWNER warrants that the OWNER will undertake, and be
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, 01' in conflict
with applicable provision, condition, clause or other portion of this .t\greement,
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, the OWNER
Agreement as of this _ day of
and the CITY hereto have executed this
,2005.
CITY OF AUBURN
PETER B. LEWIS
MA YOR
ATTEST:
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Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
STATE OF WASHINGTON
) ss
COUNTY OF KING
On this day of , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLIE 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.
NAME
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES:
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Developer: Hazel Heights, LLC
BY REPRESENTATIVE:
Mr. Steve Jewltt
Freemantle Development
BY REPRESENTATIVE:
Balma and Holmberg
BY REPRESENTATIVE:
Tom Redding
Owner (5): David and Clemence Baker
DavId Baker
Clemence Baker
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day of , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Steve Jewett the Representative of
Hazel Heights, LLC and David Baker and Clemence Baker the Owner (5 ) thot executed
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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.
-
(Printed Name)
NOTARY PUBLIC in and for the State of WClshington,
residing at
MY COMMISSION EXPIRES:
STATE OF WASHING10N )
) ss
COUNTY OF KING )
On this day of , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared the
Representative of Freemantle Development that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said REPRESENTATIVE, for the uses and purposes therein mentioned, and
on oath stated that they are authorized to execute said instrument on behCllf of said
REPRESENTATIVE.
IN WITNESS WHEREOF, i have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
(Printed Name)
NOTARY PUBLIC in and for the State of Washington,
residing at
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MY COMMISSION EXPIRES:
STATE OF WASHINGTON )
) ss
COUNTY OF KiNG )
On this day of , 2005, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Tom Redding the Representative of
Beirne end Holmberg 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 REPRESENTATIVE, for the uses and purposes therein mentioned, and
on oath stated that they are authorized to execute said instrument on behCllf of said
REPRESENTATIVE.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
(Printed Name)
NOTARY PUBLIC in and for the State of Washington,
residing at
MY COMMISSION EXPIRES:
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ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL NUMBER 052105-9039 IN SECTION NO. 05-T21-R5E DESCRUBED AS
FOLLOWS:
THE SOUTH HALF OF mE EAST HALF OF THE EAST HALF OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER; LESS COUNTY ROAD; LESS COÞ,L AND
MINERAL RIGHTS
................................................................................................................................................
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