HomeMy WebLinkAbout5676ORDINANCE NO. 5 6 7 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 OF
AUBURN AND VINTAGE HILLS 7. LLC.
WHEREAS, JEFFREY E. HAMILTON, representative for
VINTAGE HILLS 7, LLC, owners of 23 single family lots to be developed at
29726 124`" Ave SE within the City of Auburn's Potential Annexation Area; and
WHEREAS, VINTAGE HILLS 7, LLC, are applying to King County for a
development agreement; and
WHEREAS, Application No. WSCO2-0006 was submitted to the City of
Auburn, Washington, on April 5, 2002, requesting sewer availability certificates;
Tire
WHEREAS, City of Auburn Comprehensive Plan Policy CE -3 requires,
as a condition of obtaining water and/or sewer service, a legally binding
agreement to support annexation to the City at such time as the City deems
annexation appropriate, and requires agreement 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
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Ordinance No. 5676
July 10, 2002
Pagel
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 July 8, 2002,
conducted a public hearing on WSCO2-0006 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, VINTAGE HILLS 7, LLC, who are the owners of property
within the City of Auburn 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, at this time the City does not have an approved water and
sewer comprehensive plan, and
WHEREAS, thereafter, the Planning and Community Development
Committee, based upon the Findings of Fact contained herein, voted to
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Ordinance No. 5676
July 10, 2002
Page 2
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. Proposal. Vintage Hills VII, LLC, is proposing to subdivide 4.9 acres of
land located in King County into 23 single-family lots. The property is zoned R4.
The applicant has indicated that the proposed use of the site is a permitted use
under King County's zoning.
2. Auburn Comprehensive Plan and Pre -Zoning. The property is
designated "Single Family Residential" on the City of Auburn Comprehensive
Plan Map and is pre -zoned by the City as LHR2.
3. Sewer service is available at the property. The Public Works
Department has determined that sewer service is or can be made available to
the property. The proposal is located in the Rainier Shadows Basin, and is
currently served by the Rainier Shadows Pump Station that conveys all sewer
flows to a gravity sewer located nearby. That Pump Station is nearing its
capacity of 500 gpm, and may exceed that capacity with the completion of the
proposed units on the subject property. Prior to the approval of sewer plans, the
City will require a study to show that adequate capacity exists at the Rainier
Shadows Pump Station to serve the new units. If deemed necessary by the
study, Pump Station improvements will be the developer's responsibility.
4. The proposal is consistent with City development standards. Based
on City's review and comment on the applicant's initial submittal, the applicant
has agreed with the following conditions:
Sewer shall be installed to City standards, subject to applicable
connection charges and also possibly an easement requirement.
Roads in the interior of the development shall meet City of Auburn
standards for Local Residential Streets; that is, fifty (50) foot rights-of-
way with at minimum 12 -foot lanes, curb, gutter, and sidewalk.
• The City's half -street ordinance applies to the proposal. The ordinance
requires that curb, gutter, sidewalk, and illumination be installed along
the extent of the frontage on 124th Avenue SE, to the City standards for a
minor arterial street, and coordinated with other developments adjacent
to the proposal.
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Ordinance No. 5676
July 10, 2002
Page 3
• Access tracts shall be designed and constructed in accordance with
Auburn City Code 18.48.130(B).
• All streets shall be public.
• The City's half -street ordinance applies to the proposal. The ordinance
requires that curb, gutter, sidewalk, and illumination be installed along
the extent of the frontage on 124th Avenue SE, to the City standards for
a minor arterial street, and coordinated with other developments
adjacent to the proposal.
No modifications to City development standards were requested for the
proposal by the applicant.
5. The proposal is consistent with the City Comprehensive Plan. In
accordance with City policy for annexation and expansion of city services, the
proponent has demonstrated that:
• adequate urban services will be provided to the development;
• development will comply with King County standards for zoning and
permitting; and
the City shall be allowed to review and inspect construction of all public
improvements, regardless of eventual ownership.
The property has also been prezoned by the City to the zoning designation
most consistent with the existing King County zoning designation.
6. The property cannot be annexed immediately. The property is not
adjacent to existing City limits, and there are several intervening parcels. The
property cannot therefore be annexed immediately.
CONCLUSIONS
1. The findings of fact indicate that the proposal, if conditioned, is
consistent with City Comprehensive Plan Policy CE -3.
2. The proposal satisfies the approval criteria for granting a water/sewer
certificate identified in Auburn City Code (ACC) 14.18.070 A.
3. No modifications to city development standards were requested.
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Ordinance No. 5676
July 10, 2002
Page 4
RECOMMENDED CONDITIONS
That the Planning and Community Development Committee recommend to the
City Council approval of the development agreement which will enable the
issuance of water and sewer availability certificate subject to the following
conditions.
1. Sewer shall be installed to City standards, subject to applicable
connection charges and also possibly an easement requirement.
2. Roads in the interior of the development shall meet City of Auburn
standards for Local Residential Streets; that is, fifty (50) foot rights-of-
way with at minimum 12 -foot lanes, curb, gutter, and sidewalk.
3. The City's half -street ordinance applies to the proposal. The ordinance
requires that curb, gutter, sidewalk, and illumination be installed along
the extent of the frontage on 124"' Avenue SE, to the City standards
for a minor arterial street, and coordinated with other developments
adjacent to the proposal.
4. Access tracts shall be designed and constructed in accordance with
Auburn City Code 18.48.130(B).
5. All streets shall be public.
6. Fire hydrants must be spaced a maximum of 600 feet apart per
Auburn City Code 13.16.060(M).
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
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Ordinance No 5676
July 10, 2002
Page 5
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 VINTAGE HILLS 7, LLC, Owners. 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.
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Ordinance No. 5676
July 10, 2002
Page 6
INTRODUCED: JUL 15 2002
PASSED: JUL 1 6 2002
APPROVED: JUL 16 2002
PETER B. LEWIS,
MAYOR
ATTEST:
Da ' Ile E. Daskam,
City Clerk
Published: 7-0-6 2-
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Ordinance No. 5676
July 10, 2002
Page 7
RETURN TO:
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Document Title
Development Agreement
Reference Number(s) of Related
Documents
N/A
Grantor
Vintage Hills 6, LLC, a Washington limited
liability company
Grantee
City of Auburn
Abbreviated Legal Description
PTN NW, SE, 04-21-05
Additional Legal Description is on
Page
11
Assessor's Property Tax Parcel
Account Number(s)
042105-9023
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O DEVELOPMENT AGREEMENT
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(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address Citv of Auburn
Planning Dept. 25 West Main Street
Auburn, WA 98001
WSC 02-0006
Parcel Number(s) 042105-9023
Additional legal on page 11
The Agreement executed herein between the City .of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
Vintage Hill-' and the heirs, assigns, and/or successors in interest of certain
property, he In fter 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.
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1.2. The OWNER is seeking Preliminary Plat approval from King County
for the PROPERTY.
1.3. The OWNER has requested the CITY to furnish 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.
1.4. This Agreement to extend 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
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
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in its Comprehensive Plan pursuant to the King County and Pierce County
Countywide Planning Policies.
1.10. It is in the interest of the citizens of the CITY to insure that all
developments which are or could be constructed within the corporate limits of
the CITY or will be ultimately annexed into the CITY, are constructed in
accordance with CITY development standards as defined by section
14.18.006(C) of the Auburn City Code.
1.11. The OWNER'S request for the extension of utility services was duly
considered by the CITY, and it was determined that the furnishing of 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 hereby described as follows: 29726 124+h Avenue SE
The PROPERTY is legally described in Attachment A, attached hereto and represented
by reference as if set forth in fuck The OWNER warrants that Attachment A is 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:
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3.1. The OWNER does hereby apply for and petition for annexation of
the PROPERTY to the CITY and thereby agrees, promises and covenants that if at
any time the PROPERTY is included within any area which is being considered for
annexation to the CITY, said OWNER does join in said annexation and by this
PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition
referred to herein is irrevocable. The OWNER recognizes and agrees that by
signing this Agreement, the PROPERTY of the OWNER will automatically be
included as a property to be annexed in the event. the PROPERTY is within a
proposed annexation area.
3.2. The OWNER agrees to execute all necessary documents such as
applications, letters, notices, petitions or other instruments initiating, furthering or
accomplishing the annexation of the PROPERTY to the CITY, whether or not the
annexation involves the assumption by the area to be annexed of existing CITY
indebtedness, the application to the area to be annexed of the CITY
Comprehensive Plan and land use controls, and such other conditions as the
CITY may lawfully impose. The OWNER, for him/her/themselves and for
his/her/their heirs, successors and assigns, agrees and covenants with the CITY,
and to the present and future owners of the PROPERTY to which this covenant
relates, that this agreement is to constitute a covenant running with the land,
and shall burden such land that he/she/they shall, whenever so requested,
execute such letters, notices, petitions or other instruments. Owner agrees to
immediately record this document and specifically advise future interests in the
property.
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, equal to sixty percent of the assessed
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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 annexation by the
CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and
on the same basis as property within the CITY is assessed and taxed to pay for
any then outstanding indebtedness of the CITY which was contracted prior to, or
existing at, the date of annexation.
3.6 The undersigned OWNER of the PROPERTY, on behalf of
himself/herself/themselves, his/her/their heirs, successors and assigns, hereby
designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the
purpose of signing any petition leading to the annexation of said PROPERTY to
the CITY, with full power to do and perform any proper act which the OWNER
may do with respect to the annexation of said real property. The CITY may
exercise this power through its City Clerk or otherwise as the CITY COUNCIL may
direct. This Special Power of Attorney is given for the valuable consideration of
the furnishing of water and/or sewer service by the CITY, and this Special Power
of Attorney is further given as security for performance of the annexation
covenant obligation set forth _ herein. This Special Power of Attorney is not
revocable and shall not be affected by the disability of the principal.
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3.7 The OWNER agrees on his/her/their behalf and on behalf of
his/her/their heirs, successors and assigns that the OWNER will not protest the
future formation of any local improvement district for any or all of the following:
domestic water, sewer service, streets, street lighting and storm water facilities,
including regional detention and water quality facilities, for any district which
includes the PROPERTY affected by this agreement.
4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF
APPROVAL
The OWNER, in consideration of the CITY'S agreement to provide
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. All applicable development standards will be compiled 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 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.
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0 5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and
o approval prior to construction, and CITY inspection during construction of all
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public improvements as they are built, regardless of the ownership of such
N improvements, and shall reimburse the CITY for any reasonable costs incurred in
t` such plan review and inspection.
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CST 5.4. No modifications of this Agreement shall be made unless mutually
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agreed upon by the parties in writing.
N 5.5. If for any reason of any default or breach on the part of either the
OWNER or the CITY in the performance of any of the provisions of this Agreement
a legal action is instituted, the party not prevailing agrees to pay all reasonable
costs and attorney fees and costs in connection therewith. It is hereby agreed
that the venue of any legal action brought under the terms of this Agreement
shall be King County, Washington. The applicable laws, rules, and regulations of
the State of Washington and the CITY shall govern this Agreement.
5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall
inure to the benefit and become binding upon the heirs, assigns and/or
successors in interest of the parties hereto and is a covenant running with the
land. The OWNER agrees to indemnify and hold the CITY harmless from any
claims that any subsequent purchaser may have as a result of this Agreement,
including CITY's attorney fees and costs.
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.
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C) 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
b- future parties of interest.
0 5.8. In the event that any term, provision, condition, clause or other
ce o portion of this Agreement be held to be inoperative, invalid, void, or in conflict
o with applicable provision, condition, clause or other portion of this Agreement,
c1 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 and the CITY hereto have executed this
Agreement as of this !-(Q*_ day of—�n, , 2002.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
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ATTEST:
0
Danielle Dbskbm_
City Clerk
'• �•�
Ito
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W STATE OF WASHINGTON
) ss
COUNTY OF KING )
On this ,��`ee � day of11) 2002, before me,
the undersigned, a Notary Public in and f -or the St to of Washington, duly
commissioned and swom, personally appeared PETER B. LEWIS 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.
RICHA—
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�Z\ys�ow S02�// ME
U :o NOTARY N'. %U t C �lOuVQ�1IL
pUguCtk ' NOTARY PUBLIC in and f he tate of
Ih��0F,w** _r= Washington, residing at
MY COMMISSION EXPIRES:
ORD 6676
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OWNER:
Vintage HIIjrf LLC
BY REPRESENTATIVE:
p Jeffr n
O CFO
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O
STATE OF WASHINGTON )
d+
ss
El- COUNTY OF KING )
o On this Q4 da of
N Y 2002, before me,
o the undersigned, a Notary Public in and for t e State of Washington, duly
CQ commissioned and sworn, personally appeared Jeffrey E. Hamilton, the REPRESENTATIVE
of Vintage Hills 7, 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
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.
`� Slua�nnP�^,rne5
(Printed Name)
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NOTARY PUBLIC in and for the State of Washington,
residing at dAgg • &,
MY COMMISSION EXPIRES: o�•/(viXe
SUZANNE BARNES
STATE OF WASHINGTON
NOTARY-- PUBLIC
1i Cowlilli m EXPIRE= 2-16-06
ATTACHMENT A
LEGAL DESCRIPTION:
THE SOUTH 165 FEET OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON;
EXCEPT THE WEST 30 FEET THEREOF FOR 124TH AVENUE SE
T.L. #042105-9023
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