HomeMy WebLinkAbout5745ORDINANCE NO. 5 7 4 5
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 KAREN M.
KING
WHEREAS, KAREN M. KING, owner of the property to be developed
and Joe Singh, JG Real Estate Group NW, LLC, developer of the property is for the
development of one parcel ("Subject Property") of 28.54 acres into 83 single family
lots on property zoned R6 and R1 in King County. The site is located at 308xx 132nd
Avenue SE on Lea Hill within the City of Auburn's Potential Annexation Area; and
WHEREAS, KAREN M. KING, is applying to King County for a development
agreement; and
WHEREAS, Application No. WSC03-0002 was submitted to the City of
Auburn, Washington, on January 23, 2003, requesting water and sewer services;
and
WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a
condition of obtaining water and sewer 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
Ordinance No. 5745
February 26, 2003
Page ]
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
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 WSC03-0002 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, KAREN M. KING, who is the owner of the property within the City
of Auburn utility service area understands and agrees that water and sewer service
to the property may be limited by issues including the Endangered Species Act
(ESA) and actions of other governmental agencies; and
Ordinance No. 5745
February 26, 2003
Page 2
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 and sewer utility services.
FINDINGS OF FACT
1. Proposal. Applicant, JG Real Estate Group, is proposing to subdivide 28.54
acres of land located in King County into 83 single-family lots. The property is
zoned R6 and R1. 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 and LHRS.
3. Water service is available to the property. The Public Works Department
has determined that water service is or can be made available to the property.
4. 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, 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.
5. The proposal is consistent with City development standards. Based on
City review of the applicant's submittal, the City has identified the following
conditions:
· Water and Sewer shall be installed to City standards, subject to applicable
connection charges and easement requirements.
· 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
minimum 12-foot wide 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
Ordinance No. 5745
February 26, 2003
Page 3
extent of the frontage on 132nd Avenue SE, to the City standards for a minor
arterial street, and coordinated with other developments adjacent to the
proposal.
Access tracts shall be designed and constructed in accordance with Auburn
City Code 18.48.130(B).
All streets shall be public.
Fire hydrants must be spaced a maximum of 600 feet apart per Auburn City
Code 13.16.060(M).
Parks property (in accordance with City of Auburn level of service
standards) shall be dedicated to King County, or the developer shall provide an
amount of money equivalent to the value of the investment for a recreational
improvement, to be negotiated by the Auburn Parks and Recreation Director
prior to occupancy. This negotiated amount will be presented to and approved
by the Planning and Community Development Committee of the Auburn City
Council.
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 sewer certificate
identified in Auburn City Code (ACC) 14.18.070 A.
3. No modifications to city development standards were requested.
RECOMMENDATION
Based on the testimony at the public hearing and the findings and conclusions of the
staff report, the Planning and Community Development Committee recommends 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. Applicant is required to install water lines to supply adequate flow and
pressure to city standards (35-80 psi & 1500 gpm for 2 hours). Single-family
areas require minimum 8-inch lines. System must be looped so no dead end
lines are created.
2. Applicant is required to install sewer lines to supply adequate capacity to city
standards, including easements, access, system development, and
connection charges. Sewer must be eXtended through to the north property
Ordinance No. 5745
February 26, 2003
Page 4
line of the proposed development at an elevation appropriate to serve the
properties northward of the proposed development.
3. The developer must complete a capacity study for anticipated peak flows for
the Rainier Shadows Pump Station. Possible improvements (or payment
toward improvements) may be required as a result of that study, if adequate
capacity to serve the development does not exist.
4. 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 132nd Avenue SE, to the City standards for a minor
arterial street, and coordinated with other developments adjacent to the
proposal.
5. The traffic study to be prepared for King County shall also be provided to the
City of Auburn, including the calculation and amount of any impact fees paid
to King County.
6. Streets within the development shall not exceed 12% maximum grade at
centeriine.
7. Access tracts shall be designed and constructed in accordance with Auburn
City Code 18.48.130(B).
8. All streets shall be public and built to City of Auburn standards for local
residential streets as set forth in the City's Design and Construction
Standards; required ROW width for local residential streets is 50 feet.
9. All access points to the site are to be reviewed and approved (stamped) by a
licensed traffic engineer.
10. Parks property (in accordance with City of Auburn level of service standards)
shall be dedicated to King County, or the developer shall provide an amount
of money equivalent to the value of the investment for a recreational
improvement, to be negotiated by the Auburn Parks and Recreation Director
prior to occupancy. This negotiated amount will be presented to and approved
by the Planning and Community Development Committee of the Auburn City
Council,
11. Fire hydrants must be spaced a maximum of 600 feet apart per Auburn City
Code 13.16.060(M).
12. Future revisions of the proposed plat shall be submitted to the City of Auburn
for review. If necessary, a substantial change to the preliminary plat may
require a new water-sewer certificate approval.
Ordinance No. 5745
February 26, 2003
Page 5
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.
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
KAREN M. KING, 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.
Ordinance No. 5745
February 26, 2003
Page 6
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.
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
KAREN M. KING, 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.
Ordinance No. 5745
February 26, 2003
Page 6
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:
PASSED:
APPROVED:
ATTEST:
Danielle E. Daskam,
City Clerk
MAR 3 20O3
MAR .~ 2003
MAR 3 2003
MAYOR
City Attorney
Published:
Ordinance No. 5745
February 26, 2003
Page ?
20030312000663
PUBLZC AG 29.88
PAGE eO1 OF ell
e3/12/2ee3 89:52
KZNG COUNTY, MA
II
DEVELOPMENT AGREEMENT
(DECLARATION OF COVENANT)
Return Address City of Auburn
Plannin.q Dept. 25 West Main Street
Auburn, WA 98001
WSC 03-0002
Parcel Number(s) 102105-9007
Additional le.qal on pa.qe 11
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and Karen
M. King 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 Preliminary Plat approval from King County
for the PROPERTY.
ORD 5745
WSC03-0002
02/25/03
Page 1
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.
1.4. 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 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 and
sewer 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
ORD 5745
WSC03-0002
02/25/03
Page 2
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: 308XX 132nd Avenue SE
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 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:
ORD 5745
WSC03-0002
02/25/03
Page 3
4.1. a. Applicant is required to install water lines to supply adequate
flow and pressure to city standards (35-80 psi & 1500 gpm for 2 hours).
Single-family areas require minimum 8-inch lines. System must be looped
so no dead end lines are created.
b. Applicant is required to install sewer lines to supply adequate
capacity to city standards, including easements, access, system
development, and connection charges. Sewer must be extended through
to the north property line of the proposed development at an elevation
appropriate to serve the properties northward of the proposed
development.
c. The developer must complete a capacity study for
anticipated peak flows for the Rainier Shadows Pump Station. Possible
improvements (or payment toward improvements) may be required as a
result of that study, if adequate capacity to serve the development does
not exist.
d. 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 132nd Avenue SE, to the City
standards for a minor arterial street, and coordinated with other
developments adjacent to the proposal.
e. The traffic study to be prepared for King County shall also be
provided to the City of Auburn, including the calculation and amount of
any impact fees paid to King County.
f. Streets within the development shall not exceed 12%
maximum grade at centerline.
g. Access' tracts shall be designed and constructed in
accordance with Auburn City Code 18.48.130(B).
h. All streets shall be public and built to City of Auburn standards
for local residential streets as set forth in the City's Design and Construction
Standards; required ROW width for local residential streets is 50 feet.
ORD 5745
WSC03-0002
02/25/03
Page 4
i. All access points to the site are to be reviewed and approved
(stamped) by a licensed traffic engineer.
j. Parks property (in accordance with City of Auburn level of
service standards) shall be dedicated to King County, or the developer
shall provide an amount of money equivalent to the value of the
investment for a recreational improvement, to be negotiated by the
Auburn Parks and Recreation Director prior to occupancy. This negotiated
amount will be presented to and approved by the Planning and
Community Development Committee of the Auburn City Council.
k. Fire hydrants must be spaced a maximum of 600 feet apart
per Auburn City Code 13.16.060(M).
I. Future revisions of the proposed plat shall be submitted to the
City of Auburn for review. If necessary, a substantial change to the
preliminary plat may require a new water-sewer certificate approval.
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.
ORD 5745
WSC03~0002
02/25/03
Page 5
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.
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.
ORD 5745
WSC03-0002
02/25/03
Page 6
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 ot'~z'r~f~, 2003.
CITY OF
PETER B. LEWIS
MAYOR
ORD 5745
WSO03-0002
02/25/03
Page 7
ATTEST:
Danielle Daskam
City Clerk
STATE OF WASHINGTON
)
COUNTY OF KING ) k,..~_~ ..n
On this ~! day of . '" Y ~,'~d',--c~ %. _~ ,2003, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared PETER B. lEWIS and DANIELLE
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.
NOTARY PUBLIC in and f~o~:-the ~tate of
Washington, residing ark
ORD 5745
WSC03-0002
02/25/03
Page 8
R~~,7~,: Karen M. King
(Ka~-en M. King) -/ ~
BY R E P R ES E~JT/~A, TIV~E:
Joe SJngh JG Real Estate Group NW LLC
STATE OF WASHINGTON
COUNTY OF KING
On this _.//_ _~,
,2003, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Karen Mo King, 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 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.
· %J'l'llll .
residing at -~-~-,d Ta/b/ ,%',~"~ N ~ ~]~'"l,,
MY COMMISSION EXPIRES: /~'-/~ -0 ~ 4'~x~t~;Y~
ORD 5745
WSC03-0002
02~25~03
Page 9
STATE OF WASHINGTON )
) ss
COUNTY OF KING ) ...~ ,.
On this //.~ day o~¢~¢-~/' , 2003, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared Joe Singh, 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. /; ~, ~'
(Printed Name)
NOTARY PUBLIC in and for the State of
residing at '~-'~,~-z~,'z-c~J
MY COMMISSION EXPIRES: ~-/~'~
ORD 5745
WSC03-0002
02/25/03
Page 10
ATTACHMENT A
LEGAL DESCRIPTION:
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON AND DESCRIBED AS
FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 10, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING NORTHWESTERLY OF PRIMARY STATE HIGHWAY #18
(PREVIOUSLY KNOWN AS PRIMARY STATE HIGHWAY #2) AS CONVEYED TO THE
STATE OF WASHINGTON BY DEED RECORDED UNDER KING COUNTY RECORDING
NUMBER 4896946 AND 9509060454;
EXCEPT THAT PORTION CONVEYED TO KING COUNTY BY DEED RECORDED
UNDER KING COUNTY RECORDING NUMBER 2680898.
ORD 5745
WSC03-0002
O2/25/O3
Page 11