HomeMy WebLinkAbout5401ORDINANCE NO. 5 4 0 1
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 DON OLSON, D& E INVESTMENTS, LLC.
WHEREAS, DON OLSON, D& E INVESTMENTS, LLC is the owner of
property to be developed at Northeast corner of 51St Avenue South and South
318th Street, in the West Hill annexation area within the City of Auburn's
Potential Annexation Area; and
WHEREAS, DON OLSON, D& E INVESTMENTS, LLC is applying to
King County for a development agreement; and
WHEREAS, Application No. WSC00-0002 was submitted to the City of
Auburn, Washington, on February 28, 2000, requesting 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
WHEREAS, RCW 36.70B.170 defines such an agreement as a
development agreement; and
Ordinance No. 5401
May 25, 2000
Page 1
WHEREAS, RCW 36.7013.200 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 May 22, 2000,
conducted a public hearing on Don Olson, D& E INVESTMENTS, LLC's,
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, Don Olson, D& E INVESTMENTS, LLC who is the owner of
property within the City of Auburn's West Hill 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 No. 5401
May 25, 2000
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.
FINDINGS OF FACT
1. Don Olson of D&E Investments has applied for a Sewer Certificate of
Availability for a property in the West Hill annexation area. The applicant
anticipates building four single family homes on 35,937 square feet, or 0.83
acre. The applicant is requesting short subdivision approval from King County.
2. This property is an area where there is some overlap in service
between utility districts. Because it is in the Auburn Potential Annexation Area,
Federal Way and Auburn have agreed that Auburn will provide sewer service to
this area. It is more difficult to provide water service, however, so Lakehaven
will provide water to the property. A fire hydrant will be required within 300 feet
of all structures.
3. Sewer service will require construction of a gravity sewer, pump
station and force main
Service is subject to a connection charge.
4. The entrance to the property is from 51St Avenue South. Because of
the steepness of the slope along S. 318'h Street a stone retaining wall is
proposed behind the sidewalk and landscaping strip. A private drive off of S.
318th Street will provide access to all four homes to minimize cutting into the
slope.
Ordinance No. 5401
May 25, 2000
Page 3
5. The site plan submitted with the ap~lication is generally consistent
with the requirements of the City. South 318t Street will be constructed to King
County's Urban Subcollector standard, which is slightly different from one of the
City's. This was agreed upon as part of the larger Peasley Ridge subdivision
on the south side of S. 318t" that has already been approved.
6. The contents of the case file, WSC00-0002, 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 consisfent with City development
standards.
The proposed development is consistent with City development
standards, with the exceptions listed in Findings of Fact Number 5
above.
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 mile from the existing City limits, and
is surrounded by properties within King County.
CONDITIONS
1. Sewer availability is conditioned upon the installation of a City
approved force main and pump station, together with the on and off-site gravity
sewer mains to serve this development.
Ordinance No. 5401
May 25, 2000
Page 4
Planninq and Communitv Development Committee Action: The
Committee conducted a public hearing on May 22" , and recommended
approvaL
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. Constitutionalitv 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
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 Don Olson, D& E INVESTMENTS, LLC, Owner. A copy
Ordinance No. 5401
May 25, 2000
Page 5
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: June 5, 2000
PASSED: June 5, 2000
APPROVED: June 5, 2000
~ •~0~
CHARLES A. B TH
MAYOR
Ordinance No. 5401
May 25, 2000
Page 6
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
~
Michael J. eynolds,
City Attorney
Published:
Ordinance No. 5401
May 25, 2000
Page 7
CONFORMED COPY
20000721000990
0& E INVESTME AG 18.00
PAGE 001 OF 011
07/21/2000 14:05
KING COUNTY, WA
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 OF }
WSC 00-0002 D()CUNIENT- ~
Parcel Number(s) 926280-0041 / 926280-0042
Additionai leaal on paae 1 1 ` .M-
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinarter referred to as "CITY" and D & E
Investments 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. ihe OWNER is the owner of certain PROPERTY, which is located
outside the corporate limits of the CITY.
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1.2. The OWNER is seeking Short Subdivision approval from King County
for the PROPERTY.
1.3. The OWNER has requested the CITY to furnish 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 sewer services outside the corporate
limits of the CITY is authorized by RCW 35.57.310 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 proposais
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 limiis 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
that such extensions be condifiioned on annexation or efforts toward
annexation.
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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 wiil 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 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
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 inciuded 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 specificaliy advise future interests in the
property.
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3.3. The OWN-ER 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, equal 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 certain rights which
the OWNER has regarding the PROPERTY and that the OWNER is wiilingly 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 properfy. 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 Speciai 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:
domesti'c wafier, sewer service, streets, street lighting and storm water facilities,
including regionai detention and water quality facilities, for any district which
includes the PROPERTY affected by this agreement.
4. AGREEMENT QF CONDITIONS AND/OR MITIGATION MEASURES OF
APPROVAL
The OWNER, in consideration of the CITY'S agreement to provide
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. Sewer availability is conditioned upon the installation of a City
approved force main and pump station, together with the on and off-site gravity
sewer mains to serve this development
4.2. All applicable development standards will be complied with.
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 annexafiion, construction of
Ordinance 5401
WSC00-0002
05/23/00
Page 6
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, ct CITY'S option, plan review and
approval prior to construction, and CITY inspection during construction of all
public improvements as they are built, regardiess of the ownership of such
improvements, and shall reimburse the CITY for any reasonable costs incurred in
such pian 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 ail 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 applicabie laws, rules, and regulations of
the State of Washington and the CITY shcll 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 permii'ted to be given under this
Agreement shali be sufficient if given in wrifiing and sent by registered or certified
Ordinance 5401
WSC00-0002
05l23/00
Page 7
maii, 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 wili undertake, and be
responsibie 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 fierm, 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 severabie.
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 and the CITY hereto have executed this
Agreement as of this day of 2000.
CITY OF AUBURN
2\" ~ . a d
CHARLES A. BOOTH
MAYOR
Ordinance 5401
WSC00-0002
05/23/00
Page 8
ATTEST:
i ~
Dani Ile Daskam
City Clerk
,~P OVE S T FORM:
Michael J. Reynolds,
City Attorney
STATE OF WASHINGTON
) ss
COUNTY OF KING
On this ~
~ day of , 2000, before me,
the undersigned, a Notary Public in Jd =orthe 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.
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NAME
NOTARY PUBLIC ir, and for the State of
Washington, residing at k~-sr l~
MY COMMISSION EXPIRES: la -
OWNER:
VVSC00-0002
05/17/00
Page 9
D & E Investments, LLC
BY REPRESENTATIVE:
Don Olson
~~r-=-~-- TITLE
STATE OF WASHINGTQN
COUNTY OF KING
) ss
On this Zq day of
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Don Olson of D & E Investments, the
REPRESENTATIVE that executed the within and foregoing instrument, and
acknowiedged 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.
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(Printed Name)
NOTARY PUBLi~ in and for the State of Washington,
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MY COMMISSION CXPIRES: 1- z
2000, before me,
WSC00-0002
05/17/00
Page 10
ATTACHMENT A
LEGAL DESCRIPTION:
LOT 8 WEST AUBURN FIVE-ACRE TRACTS ACCORDING TO THE PLAT THEREOF,
RECORDED IN VOLUME 15 AT PAGE 12 RECORDS OF KING COUNTY,
WASHINGTON.
SECTION 1 1-TOWNSHIP 21 N-RANGE 4E.
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