HomeMy WebLinkAbout5356ORDINANCE NO. 5 3 5 6
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 EQUITY MANAGEMENT GROUP NW, LLC FOR
DEVELOPMENT OF A MANUFACTURED HOME PARK FOR SENIORS.
WHEREAS, EQUITY MANAGEMENT GROUP NW, LLC is the owner of
property to be developed as a manufactured home park for seniors at 11326
SE 304`h Street, within the City of Auburn's Lea Hill Potential Annexation Area;
and
WHEREAS, EQUITY MANAGEMENT GROUP NW, LLC is applying to
King County for approval to developed a manufactured home park for seniors;
and
WHEREAS, Application No. WSC0026-99 was submitted to the City of
Auburn, Washington, on February 28, 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 outside the, a legally
binding agreement to support annexation to the City at such time a City limits of
Auburn the City deems annexation appropriate and to comply with appropriate
City development standards and public facility specifications; and
Ordinance No. 5356
March 1, 2000
Page 1
WHEREAS, RCW 36.7013.170 defines such an agreement as a
development agreement; and
WHEREAS, RCW 36.70B.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 November 8,
1999, conducted a public hearing on EQUITY MANAGEMENT GROUP NW,
LLC's application; and
WHEREAS, at the hearing the Planning and Community Development
Committee in consideting the application heard public testimony and accepted
evidence and exhibits regarding the development;; and
WHEREAS, EQUITY MANAGEMENT GROUP NW, LLC 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
Ordinance No. 5356
March 1, 2000
Page 2
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
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.
FINDINGS OF FACT
1. Equity Management Group has applied for Water and Sewer
Certificates of Availability for a property in the Lea Hill potential annexation
area. The applicant anticipates short platting the parcel into three lots, with Lot
Number 1 undeveloped; Lot Number 2 for an existing house; and Lot Number 3
developed into a Manufactured Home Park for seniors with 34 single family
homes
2. Water service and a fire hydrant are available adjacent to the
property. Construction of an 8" water main will be required to loop through the
development. A fire hydrant will be required within 300 feet of all structures.
3. Sewer service will require construction of an 8" minimum mainline to
provide side sewer stub to each home. Service is subject to a connection
charge, including latecomer fees.
4. The entrance to the property is from 112th Avenue SE, with
emergency access from SE 304'h Street
Ordinance No. 5356
March 1, 2000
Page 3
5. Both 112th Avenue SE and SE 304`h Street are identified in the Auburn
Transportation Plan as Residential Collector Arterials, which require a half-
street right of way width of 27.5 feet. The assessor's maps show an existing
King County right of way width of 30 feet from the centerline, which exceeds
City standards. The existing roads are paved, but do not have curbs, sidewalks
or landscape strips, as required by the City's Design and Construction
Standards. SE 304`h Street appears to meet the City's roadway width
requirements, but 112`h Avenue SE does not. The half-street development will
require widening the east side of 112'h Avenue SE from approximately 14 feet
to 17 feet, to meet the Residential Collector Arterial standard.
6. The site plan submitted with the application is generally consistent
with the requirements of the City.
7. The contents of the case file, WSC0026-99, are hereby incorporated
by reference and made part of the record of this hearing.
CONCLUSIONS
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.
The proposed development is consistent with City development standards
2. The development is consistent with the City Comprehensive Plan.
The Comprehensive Plan designates this area as Single Family Residential.
Under Auburn zoning, this property would be required to be rezoned as a
Manufactured Home Park. King County does allow this kind of development
with a Conditional Use Permit, which the applicant is pursuing from King
County.
The nature of the development will be similar to a single family
neighborhood, with slightly reduced dimensions for some elements.
3. The property cannot be annexed immediate/y. The property is more
than'/ mile from the existing City limits, and is surrounded by properties within
King County.
Ordinance No. 5356
March 1, 2000
Page 4
CONDITIONS
1. Half street improvements to meet the Residential Collector Arterial
standard shall be constructed for both 112'h Avenue SE and SE 304`h Street in
conjunction with the project.
For each of the above reasons, the Planning and Community
Development Committee on February 28, 2000 took action recommending to
the Auburn City Council that authorization for the execution of the Development
Agreement and the issuance of water and sewer certificates be approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The above cited Findings of Fact, Conclusions
and Conditions are herewith approved and incorporated in this Ordinance by
this reference.
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed
adopted and approved and ratified irrespective of the fact that nay one or more
Ordinance No. 5356
March 1, 2000
Page 5
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
Section 3. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute the Development Agreement
between the City and EQUITY MANAGEMENT GROUP NW, LLC, Owner. A
copy of said Agreement is attached hereto as Exhibit "A" and incorporated
herein by reference.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 5. Effective Date. 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 6, 2000
PASSED: March 6, 2000
APPROVED: March 6, 2000
C,~~¢s 1--l • to1cA
CHARLES A. BOOTH
MAYOR
Ordinance No. 5356
March 1, 2000
Page 6
ATTEST:
4~.
~
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published: ,3 - fJ -aOUJ'
Ordinance No. 5356
March 1, 2000
Page 7
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CONFORMED COPY
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gpUITY
0 G23%2000F 10129
DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address Citv of Auburn
Planninq Dept 25 West Main Street
Auburn WA 98001
WSC 00026-99
Parcel Number(s) 052105-9026 06 Additional feaal on page 11
The Agreement executed herein between the CitY of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and Equity
Management Group NW, LLC 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 properfy 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.
l. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree as follows:
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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 building permit 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 wili 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
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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 couid 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 Aubum 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.
3. PETITION AND COVENANT FOR ANNEXATION
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The OWNER, in consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby petition, agree and covenant as
foliows:
3.1. The OWNER does hereby appiy 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 properfy 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
appiications, 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 shail, 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.
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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
annexed to a city if property owners, equpl to sixty percent of the 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 cerfain 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/themseives, 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
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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 foilowing:
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. Half-street improvements to meet the Residential Collector Arferial
standard shall be constructed for both 112th Avenue SE and SE 304th Street in
conjunction with the project.
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 afl 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
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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, uniess 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
pubiic 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 parf of either the
OWNER or the CITY in the performance of any of the provisions of this Agreement
a legal action is insfiituted, 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 ~ shail
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.
5.7. Any notice or demand required or permitted to be given under this
Agreement sfiall be sufficient if given in writing and sent by registered or certified
mail, return receipt reqvested, to the address of the parties set forth below. Any
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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, inciuding 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 parfies 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.
tN WITNESS WHEREOF, ' the OW ER and the CITY hereto have executed this
Agreement as of this f~°~day of ~i; 00.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
WSC00026-99
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ATTEST:
A 111~
Danielle Daskam
City Clerk
A R VED tO FO M:
4
Michaei J. Reynolds,
City Attorney
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this
~ day of 2000, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personaily 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 officiai seal on the
date hereinabove set forth.
A ep1, ~
: ~..Nys~oti'
o4 NOraq~~: NAME
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i
% ' P(JBLiC
/'PA~p_
NOTARY PUBLIC in and for he State of
Washington, residing at
MY COMMISSION EXPIRES:16-
WSC00026-99
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OWNER:
David R. Mil ard, et. al.
4~~
~
STATE OF WASHINGTON 1
) ss
COUNTY OF KING
Equity Management Group NW, L!C
BY REPRESENTATIVE:
On this day of C-~ - , 2000, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared David R. Millard, et al., of Equity
Management Group NW, LLC, 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 st.ated 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.
TE
SEP
17
2002
°,f WAsO ~ a~
(Frint -Nam )
NOTARY PUBL C in and for the State of Washington,
residing at 0-
MY COMMISSION EXPIRES: ~
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ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL NUMBER 052105-9026-06
THE SW '/4 OF THE SE'/4 OF THE SE'/4 OF SECTION 5, TOWNSHIP 21 N, RANGE SE,
W.M. IN KING COUNTY, WASHINGTON
EXCEPT THAT PORTION THEREOF LYING WITHIN THE RIGHT-OF-WAY OF 1 12TH AVE
SE, ALSO
EXCEPT THAT PORTION THEREOF LYING WITHIN THE RIGHT- OF WAY OF SE 304TH ST.
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