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HomeMy WebLinkAbout5744ORDINANCE NO. 5 7 4 4 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 RIC BANCHERO WHEREAS, RIC BANCHERO, owner of a lot to be developed at the SW corner of 112th Avenue SE and SE 295th within the City of Auburn's Potential Annexation Area; and WHEREAS, Application No. WSC03-0001 was submitted to the City of Auburn, Washington, on January 7, 2003, requesting water utility services; and WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition of obtaining water utility services, 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 WHEREAS, RCW 36.70B.200 requires approval of development agreements only after a City has held a public hearing; and Ordinance No. 5744 February 26, 2003 Page ! 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 February 24, 2003, conducted a public hearing on WSC03-0001 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, RIC BANCHERO, who is the owner of the property within the City of Auburn water service area understands and agrees that water utility service to the property may be limited by issues including the Endangered Species Act (ESA) and actions of other governmental agencies; and WHEREAS, thereafter, the Planning and Community Development Committee, voted to recommend to the City Council that it approve the Agreement which provides for the issuance of water utility services. FINDINGS OF FACT Proposal. Mr. Banchero proposes to use one lot of approximately 17,000 square feet for the cultivation of landscaping plants, and has requested water Ordinance No. 5744 February 26, 2003 Page 2 m to the site for irrigation purposes. The applicant has indicated that the proposed use of the site is a permitted use under King County's zoning 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. Water service is available at the property. The Public Works Department has determined that water service is or can be made available to the property. The proposal is consistent with City development standards. No modifications to City development standards were requested for the proposal by the applicant. 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. 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. The case file and its contents for WSC 03-0001 are incorporated by reference into this staff report. On February 24, the Planning and Community Development Committee held a public hearing'on WSC03-0001. Public testimony was received from neighbors of the proposal, concerned that the use remain agricultural or residential; their concerns were directed to King County. Testimony was also received from Mr. Banchero. Ordinance No. 5744 February 26, 2003 Page 3 CONCLUSIONS The findings of fact indicate that the proposal, if conditioned, is consistent with City Comprehensive Plan Policy CE-3. The proposal satisfies the approval criteria for granting a water certificate identified in Auburn City Code (ACC) 14.18.070 A. No modifications to city development standards were requested. RECOMMENDATION The Planning and Community Development Committee recommends to the City Council approval of the development agreement which will enable the issuance of water availability certificate subject to the following condition. 1. The water certificate is applicable to the landscaping business only. Any future change of use of the property (e.g. single family residential) will require a new water certificate application. RECOMMENDED CONDITIONS The OWNER, in consideration of the CITY'S agreement to provide water utility service to the PROPERTY, and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree to comply with the following: All applicable development standards will be complied with NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Purpose. The above-cited Conditions are herewith approved and incorporated in this Ordinance by this reference. Ordinance No. 5744 February 26, 2003 Page 4 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 any 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 RIC BANCHERO, 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. Ordinance No. 5744 February 26, 2003 Page 5 INTRODUCED: MAR 3 2003 PASSED: MAR 3 2003 APPROVED: MAR 3 2003 MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: ~ni~el B.'"."."."."7~ei~-, - ~ City Attorney Published: Ordinance No. 5744 February 26, 2003 Page d 20030331002920 BRNCN£RO DPC PRGE e~l OF e~9 29.08 83/31/2e83 12:42 KZNG COUNTY, UR DEVELOPMENT AGREEMENT (DECLARATION OF COVENANT) Return Address City of Auburn Planninq Dept. 25 West Main Street Auburn, WA 98001 WSC 03-0001 Parcel Number(s) 221260-0010 Additional leqal on pa.qe 9 ~ The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Ric Banchero 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 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 approval from King County for the PROPERTY. 1.3. The OWNER has requested the CITY to furnish water 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. ORD 5744 WSC03-0001 02/28/03 Page 1 1.4. This Agreement to extend water 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 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. 1.7. 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. 1.8. 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 services to the PROPERTY would be proper upon the fulfilling of all conditions and covenants herein. 1.9. 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 ORD 5744 WSC03-0001 02/28/03 Page 2 The PROPERTY is hereby described as follows: SW corner of 112th Avenue SE and SE 295th, Auburn. 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. COVENANT The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPERTY, does hereby covenant as follows: 3.1 The OWNER agrees on his/her/their behalf and on behalf of his/her/their heirs, successors and assigns that the OWNER will not protest the future formation of any local improvement district for any or all of the following: domestic water, sewer service, streets, street lighting and storm water facilities, including regional detention and water quality facilities, for any district which includes the PROPERTY affected by this agreement. 4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF APPROVAL The OWNER, in consideration of the CITY'S agreement to provide water 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 complied with. 4.2. Water service is to be provided for landscape irrigation only. Any future change of use of the property will require a new water certificate application. 5. GENERAL PROVISIONS ORD 5744 WSC03-0001 02/28/03 Page 3 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 Agreement shall be King County, Washington. The applicable laws, rules, and regulations of the State of Washington and the CITY shall govern this Agreement. ORD 5744 WSC03-0001 02/28/03 Page 4 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. 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, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such term, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office. The OWNER shall be responsible for recording and shall provide evidence of such recording to the CITY. IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this Agreement as of this __ day of ,2003. ORD 5744 WSC03-0001 02/28/03 Page 5 CITY OF AUBURN PETER B. LEWIS MAYOR ATTF~T: Danielle Daskam City Clerk City Attorney ORD 5744 WSC03-0001 02/28/03 Page 6 STATE OF WASHINGTON ) COUNTY OF KING.~ k., .~> ) On this ..~, ,..,-~ day of --~i,x,-I-,~_ ,2003, before me, the undersigned, a Nota~ Public in and for the State of Washington, duly commissioned and sworn, personally appeared PETER B. L~WIS and DA~I~LL~ DASKA~, 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 volunta~ 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. NOTARY PUBLIC in and for,4t~e ~,ate of Washington, residing at l....~-~-~'~-gOv~~ ORD 5744 WSC03-0001 02/28/03 Page 7 OWNER: STATE OF WASHINGTON ) ) ss COUNTY OF KING ) On this day of ,2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ric Banchero, the OWNER 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 sezt, 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 a~-c-~,~<"~ ~.,/l'~ co ,ss,o ! / ORD 5744 WSC03-0001 02/28/03 Page 8 ATTACHMENT A LEGAL DESCRIPTION' BLOCK 1, LOT 1, EASTRIDGE MANOR III-A ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 71 OF PLATS , PAGE(S) 97, IN KING COUNTY, WASHINGTON EXCEPT THE SOUTH 30 FEET THEREOF. ORD 5744 WSC03-0001 02/28/03 Page 9