HomeMy WebLinkAbout02-11-2013 PLANNING & COMMUNITY DEVELOPMENT AGENDA
Planning and Community Development
February 11, 2013 - 5:00 PM
Annex Conference Room 2
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. Minutes - January 28, 2013* (Snyder)
III.ACTION
A. Ordinance No. 6455 - Impact Fees and System Development Charge Deferrals
for Residential and Non-Residential Development* (Tate)
An Ordinance of the City Council amending Sections 13.41.040, 19.02.070,
19.04.040, 19.06.040 and 19.08.030 of the Auburn City Code related to deferral of
payment of impact fees and system development charges.
B. Resolution No. 4905, Interlocal Agreement between King County, King
County Flood District and the City of Auburn* (Dixon)
Request for Committee to recommend to full City Council approval of Resolution
No. 4905 proposed Interlocal Agreement (ILA) between King County, King County
Flood Control District and the City of Auburn for King County's Reddington Levee
Setback and Extension Project.
C. Resolution No. 4900, Declaration as Surplus a Portion of the City's
Stormwater Utility Owned Property* (Dixon)
Request for Committee to recommend to full City Council approval of Resolution
No. 4900 declaring certain real property as no longer needed for utility purposes,
declaring a portion of that property as surplus, and authorizing its disposal.
D. Resolution No. 4901, Purchase and Sale Agreement between the City of
Auburn and River Mobile Estates* (Dixon)
Request for Committee to recommend to full City Council approval of Resolution
No. 4901 authorizing the Mayor and City Clerk to execute a Purchase and Sale
Agreement between the City of Auburn and River Mobile Estate for real property.
IV.DISCUSSION ITEMS
A. Electrical Fence Code Change* (Tate)
Discuss potential changes to Chapter 8.12 (Public Nuisances) pertaining to the
allowance of electrically charged fences.
B. Shared Student Rental Housing* (Snyder)
Page 1 of 254
Discuss ideas and issues pertaining to shared student rental housing in the
residential neighborhoods surrounding Green River Community College.
C. Vietnamese Veterans Memorial (Faber)
Vietnamese Veterans Memorial discussion.
D. Multi-Family Park Impact Fee for Downtown Urban Center and Economic
Development Strategy Areas* (Faber)
Discuss potential Park impact fee adjustments for multi-family development in the
Downtown Urban Center and Economic Development Strategy Areas.
E. King County Countywide Planning Policies Adoption* (Snyder/Chamberlain)
Review the recently amended King County Countywide Planning Policies and the
ratification process by cities.
F. Temporary Off-Premise Residential Real Estate Signs* (Chamberlain)
Review the information/data requested at the January 14, 2013 Committee meeting
by the Committee and discuss possible policy options.
G. Director's Report
H. PCDC Matrix* (Snyder)
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review
at the City Clerk's Office.
*Denotes attachments included in the agenda packet.
Page 2 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Minutes - January 28, 2013
Date:
February 4, 2013
Department:
Planning and Development
Attachments:
January 28, 2013 Draft Minutes
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached minutes.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:February 11, 2013 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 3 of 254
Planning and Community
Development
January 28, 2013 - 5:00 PM
Annex Conference Room 2
MINUTES
I. CALL TO ORDER
Chair Nancy Backus called the meeting to order at 5:00 p.m. in Annex
Conference Room No. 2 located on the second floor of One Main
Professional Plaza, One East Main Street, Auburn, Washington.
A. Roll Call
Chair Nancy Backus, Vice-Chair John Holman, and Member Largo
Wales were present. Also present were Mayor Pete Lewis, Planning
and Development Director Kevin Snyder, Financial Planning Manager
Martin Chaw, Financial Services Manager Rhonda Ewing, Solid Waste
and Recycling Supervisor Joan Nelson, Assistant City Attorney Steve
Gross, Project Engineer Ryan Vondrak, Economic Development
Manager Doug Lein, Planning Manager Elizabeth
Chamberlain, Development Services Manager Jeff Tate and Planning
Secretary Tina Kriss.
Members of the public present included: Scott Pondeleck and Robert
Whale of the Auburn Reporter.
B. Announcements
There were no announcements.
C. Agenda Modifications
There were no agenda modifications.
II. CONSENT AGENDA
A. Minutes - January 14, 2013 (Snyder)
Approval of minutes.
Vice-Chair Holman moved and Member Wales seconded to approve
the Planning and Community Development Committee meeting
minutes for January 14, 2013 as written.
Motion Carried Unanimously. 3-0
III. ACTION
A. Public Works Project No. CP0616 (Vondrak)
Page 1 of 4
CA.A Page 4 of 254
Project Engineer Ryan Vondrak reviewed Public Works Project No.
CP0616. Three pedestrian kiosks will be constructed downtown to
enhance the pedestrian experience. Construction is anticipated to
begin in March 2013 and be completed by May 2013. Staff is
requesting Committee recommend City Council award Contract No.
12-21 to West Coast Signal on their low bid of $79,427.00 for Project
No. CP0616 Downtown Pedestrian Kiosks.
Committee and staff reviewed the locations of the proposed kiosks
and discussed the funding options for the remaining kiosks to be
constructed. Committee expressed their support in making the
downtown more pedestrian friendly by installing the kiosks and
requested the item be added to the matrix for future discussion on
funding to install the remaining six kiosks.
Vice Chair Holman moved and Member Wales seconded to
recommend that City Council award Contract No. 12-21 to West Coast
Signal on their low bid of $79,427.00.
Motion Carried Unanimously. 3-0
IV. DISCUSSION ITEMS
A. Resolution No. 4894 (Coleman)
Financial Planning Manager Martin Chaw reviewed Resolution No.
4894, authorizing the City of Auburn to impose a sales and use tax as
authorized by RCW 82.14.415 as a credit against state sales and use
tax, relating to annexations. This is an annual tax credit for up to 10
years. This will be the sixth year that the City of Auburn has asked the
State for the sales tax credit. The last year for the City to apply for the
tax credit will be 2017.
With no questions for staff Committee determined they would take
action on Resolution No. 4894 and Ordinance No. 6446.
Member Wales moved and Vice-Chair Holman seconded to
recommend City Council adopt Resolution No. 4894 and Ordinance
No. 6445.
Motion Carried Unanimously. 3-0
B. Ordinance No. 6446 (Coleman)
This item was previously moved to action under Resolution No. 4894
above.
C. King County Solid Waste Interlocal Agreement (Coleman)
Page 2 of 4
CA.A Page 5 of 254
Mayor Lewis explained that for the past seven months a subset of
Sound Cities, which includes the City of Auburn, has been working to
negotiate and review the amended and restated King County Solid
Waste Interlocal Agreement (ILA). Solid Waste and Recycling
Supervisor Joan Nelson reported that King County has asked the City
to approve the ILA by April 30, 2013 in order for King County to move
forward with financing. Assistant City Attorney Steve Gross has been
negotiating with King County on several issues within the agreement
and is now recommeding the City move forward with the ILA that
extends the City’s partnership with King County through 2040.
Committee and staff discussed the environmental liability of the City
and alternatives for the City’s disposal of waste. At this time, there are
no other financially feasible alternatives. This agreement provides
environmental liability protection for the City as part of the
agreement. Vice-Chair Holman expressed his concerns in entering
into an agreement and accepting bonded indebtedness that lives
beyond the projected closure of the Cedar Hills Landfill. Assistant City
Attorney Steven Gross explained that the City does not currently have
an alternative for disposal of the City’s solid waste and through the
agreement King County is making provisions for the City’s
environmental liability. The ILA also includes language describing the
parties’ intent to enter into negotiations to extend the ILA before Cedar
Hills closes, part of the Cedar Hills post-closure solution.
Mayor Lewis stated the City has been in negotiations with King County
for months and believes this ILA is the best alternative possible for the
City and citizens of Auburn.
D. Ordinance No. 6341 - Current Fee Deferral Program (Tate)
Development Services Manager Jeff Tate reported that the current fee
deferral program adopted through Auburn City Council Ordinance No.
6341 on March 21, 2011 became effective April 4, 2011. The
Ordinance allows an applicant to defer payment of impact fees and
system development charges for residential and non-residential
development from the time of permit issuance to either certificate of
occupancy or closing on the sale of a property. No deferral payment is
deferred longer than 18 months from the date of permit issuance. On
April 4, 2013 Ordinance No. 6341 will expire.
Mr. Tate stated the feedback from the customers who utilize the
program has been very positive; seeing Auburn as a partner wanting
to work with developers to provide options.
Committee and staff discussed the current format of the fee deferral
program and the use of the recorded covenant which appears on a
title report as a debt, reducing access to the amount of credit for some
Page 3 of 4
CA.A Page 6 of 254
of the developers through their lenders. Staff explained the City would
need to assume more risk if the current format is changed; it was
determined by the Committee that the current format is the best option
to minimize the City’s liability and risk.
Committee expressed support of the program and encouraged
adopting the program permanently with a provisions to review
periodically.
Staff will bring this item to the Finance Committee for discussion and
back to Planning and Community Development Committee for action.
E. Director's Report (Snyder)
Planning and Development Director Kevin Snyder provided an update
on one of the City's worst abandoned properties. Through the City's
legal department the City obtained authorization from King County
Superior Court for warrant abatement (to clean up the
property). Through the court system the owner has been made aware
of his obligation to the City for the clean-up costs and City fines
(approximately $50,000.00).
Committee reviewed before and after photos of the property.
Staff stated neighbors of the residence have commented on their
appreciation of the City's efforts in cleaning up the property.
F. PCDC Matrix (Snyder)
Committee reviewed the matrix with staff. Per the recommendation of
Committee staff will be adding the downtown pedestrian kiosks to the
matrix.
V. ADJOURNMENT
There being no further business to come before the Planning and
Community Development Committee, the meeting was adjourned at 6:08
p.m.
DATED THIS __________ DAY OF ______________, 2013.
_________________________ __________________________
Nancy Backus - Chair Tina Kriss - Planning Secretary
Page 4 of 4
CA.A Page 7 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Ordinance No. 6455 - Impact
Fees and System Development
Charge Deferrals for
Residential and Non-
Residential Development
Date:
February 5, 2013
Department:
Planning and
Development
Attachments:
Ordinance No. 6455
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee recommend City Council approve
Ordinance No. 6455.
Background Summary:
At the Planning and Community Development Committee's January 28, 2013 regular
meeting, staff presented an overview of the City's fee deferral pilot program for
residential and non-residential impact fees and system development charges put into
effect through City Council's adoptoin of Ordinance No. 6341 on March 21, 2011.
Ordinance No. 6341 allows applicants to defer payment of impact fees and utility system
development charges to the time of closing or certificate of occupancy but not later than
18 months after issuance of a permit. Ordinance No. 6341 included an expiration date of
2 years after its effective date of April 4, 2011. The fee deferral pilot program without
action by the City Council is set to expire on April 4, 2013.
At the conclusion of its discussion, the Planning and Community Development
Committee identified its interest in making the fee deferral program permanent with
regular reporting to the City Council on status and issues. At the Finance Committee;s
February 4, 2013 regular meeting, staff conducted the same presentation of the fee
deferral program inclusive of the Planning and Community Development Committee's
interest in making the program permanent. The Finance Committee concurred with the
Planning and Community Development Committee.
Ordinance No. 6455 contains modifications to current applicable chapters of Auburn City
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 8 of 254
Code to make the fee deferral program permanent with a reporting requirement of every
two years.
Reviewed by Council Committees:
Finance, Planning And Community Development
Councilmember:Backus Staff:Tate
Meeting Date:February 11, 2013 Item Number:ACT.A
AUBURN * MORE THAN YOU IMAGINEDACT.A Page 9 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 1 of 14
ORDINANCE NO. 6455
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING SECTIONS
13.41.040, 19.02.070, 19.04.040, 19.06.040 AND 19.08.030
OF THE AUBURN CITY CODE RELATED TO DEFERRAL
OF PAYMENT OF IMPACT FEES AND SYSTEM
DEVELOPMENT CHARGES
WHEREAS, RCW 82.02 authorizes the City Council to establish and implement
impact fees for parks, transportation, school and fire to ensure that new development
bears a proportionate share of the cost of capital expenditures necessary to meet the
demands for park, transportation, schools and fire services associated with new growth
and development; and
WHEREAS, RCW 35.92.025 authorizes, and the City Council has previously
determined through ordinance action, that it is reasonable and in the public interest to
enact and impose a utility systems development charge for the purpose of recovering a
fair share of the costs of providing existing utility system infrastructure to serve new
customers or revised uses of existing customers for the purpose of reimbursing the
city’s utility for the cost of construction of available capacity sanitary sewer, water and
storm drainage facilities from those properties, which as part of their development and
use create direct or indirect needs for those facilities; and
WHEREAS, on March 21, 2011, the City Council adopted Ordinance 6341, which
deferred payment of certain impact fees until either a certificate of occupancy was
issued, or a sale on a property closed, in order to address the downtown in the local
economy, a diminishing number of residential units are being built, a diminishing
number of new non-residential projects are being built and a diminishing number of
ACT.A Page 10 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 2 of 14
expansions of existing non-residential development are occurring, all of which adversely
impacted the City’s residential and non-residential development inventory, employment
opportunities and revenue for government services; and
WHEREAS, the City Council finds that Ordinance 6431, which created a two-
year trial period, provided flexibility to applicants for residential and non-residential
development on the timing of payment of impact fees and system development charges
and that the provisions of that Ordinance should be made permanent, subject to
continued reporting its effectiveness; and
WHEREAS, the ordinance amendments are procedural in nature and therefore
exempt from State Environmental Policy Act (SEPA) review; and
WHEREAS, the City Council finds that the proposed amendments to the Auburn
City Code to be consistent with and to implement the intent of the City’s Comprehensive
Plan; and
WHEREAS, the Auburn City Council finds that it is in the interest of the public
health, safety and welfare to adopt this ordinance to promote continued economic
development in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. That Section 13.41.040 of the Auburn
City Code, entitled ‘Utility Systems Development Charge -- Collection,’ is hereby
amended to read as follows:
13.41.040 Collection.
The water, sanitary sewer and storm drainage utilities systems development charges
are immediately due and payable upon obtaining a permit for connection to the city
utility. Systems development charges for parcels that will utilize infiltration for storm
ACT.A Page 11 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 3 of 14
water disposal are immediately due and payable upon obtaining a building permit to
develop the parcel.
A. For residential development for new development, redevelopment or a change in
use, during the effective period of April 4, 2011, through April 4, 2013, and prior to
issuance of a permit application, the applicant may elect to record a covenant against
title to the property on forms prepared and provided by the city that requires payment of
water, sanitary sewer and storm drainage development charges due and owing, less
any credits awarded, by providing for automatic payment through escrow of these
development charges due and owing to be paid no later than at time of closing of the
sale of the unit or at final inspection or issuance of certificate of occupancy or 18
months from the date of issuance of the original building permit, whichever comes first.
Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) has been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (A)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 13.41.070 shall not apply to
determinations made pursuant to this section.
B. For nonresidential development composed of new development, redevelopment
or a change in use and inclusive of commercial office and retail uses, light and heavy
manufacturing uses, but excluding warehousing and distribution uses, and institutional
development including but not limited to public and private schools and colleges and
hospitals, during the effective period of April 4, 2011, through April 4, 2013, and prior to
the issuance of any permit application and following the execution of a payment
agreement on forms prepared and provided by the city, the applicant may elect to pay
water, sanitary sewer and storm drainage development charges due and owing, less
any credits awarded, no later than prior to issuance of certificate of occupancy or 18
months from the date of issuance of the original building permit, whichever comes first.
Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
ACT.A Page 12 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 4 of 14
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) has been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (B)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 13.41.070 shall not apply to
determinations made pursuant to this section. (Ord. 6391 § 1, 2011; Ord. 6341 § 1,
2011; Ord. 5801 § 1, 2003; Ord. 4830 § 1, 1996; Ord. 4479 § 2, 1990; Ord. 3610 § 2,
1981; Ord. 3510 § 4, 1980.)
Section 2. Amendment to City Code. That Section 19.02.070 of the Auburn
City Code, entitled ‘School Impact Fees – Fee Collection,’ is hereby amended to read
as follows:
19.02.070 Fee collection.
The school impact fee shall be imposed, based on the impact fee schedule, at the
time of application to the city for a development activity permit. The school impact fee
shall be imposed based on the impact fee schedule adopted for the applicable school
district. The impact fee and the application fee shall be collected by the city and
maintained in separate accounts. All school impact fees shall be paid to the district from
the school impact fee account monthly. The city shall retain all application fees
associated with the city’s administration of the impact fee program.
A. Impact fees shall be imposed upon development activity in the city concurrent
with the issuance of a building permit. The fees are based upon the adopted fee
schedule and collected by the city from any applicant where such development activity
requires issuance of a residential building permit or a building permit for a manufactured
or mobile home located on platted lots within manufactured/mobile home parks, and the
fee has not been previously paid. Impact fees are only collected and disbursed within
the boundaries of a school district that has executed an interlocal agreement with the
city of Auburn.
B. Applicants for single-family and multifamily residential building permits and for
manufactured/mobile home building permits shall pay the total amount of the impact
fees assessed before the building permit is issued, using the impact fee schedules then
ACT.A Page 13 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 5 of 14
in effect. The owner of the manufactured/mobile home park shall be responsible to pay
the fee.
C. The city shall not issue the required building permit or manufactured/mobile home
building permit unless and until the impact fees set forth in the impact fee schedule
have been paid.
D. The city will impose an application fee, as provided for in the city’s adopted fee
schedule, per dwelling unit which is subject to and not otherwise exempt from this
chapter to cover the reasonable cost of administration of the impact fee program. The
fee is not refundable and is collected from the applicant of the development activity
permit at the time of permit issuance.
E. For complete single-family building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011, through
April 4, 2013, and prior to or at the time of issuance of any single-family residential
building permit for a dwelling unit that is being constructed, the applicant may elect to
record a covenant against title to the property on forms prepared and provided by the
city that requires payment of school impact fees due and owing by providing for
automatic payment through escrow of these school impact fees due and owing to be
paid no later than at time of closing of the sale of the unit or at final inspection or
issuance of certificate of occupancy or 18 months from the date of issuance of the
original building permit, whichever comes first. Failure to pay shall result in the
following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (E)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
F. For complete multifamily building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011, through
April 4, 2013, and prior to or at the time of issuance of any multifamily residential
building permit that is being constructed, the applicant may elect to record a covenant
against title to the property on forms prepared and provided by the city that requires
payment of school impact fees due and owing by providing for automatic payment
through escrow of these school impact fees due and owing to be paid no later than at
ACT.A Page 14 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 6 of 14
time of closing of the sale of the unit or at final inspection or issuance of certificate of
occupancy or 18 months from the date of issuance of the original building permit,
whichever comes first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (F)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full. (Ord. 6341 § 2, 2011; Ord. 6077 § 2, 2007; Ord.
5261 § 1 (Exh. A), 1999; Ord. 5078 § 1, 1998.)
Section 3. Amendment to City Code. That Section 19.04.040 of the Auburn
City Code, entitled ‘Transportation Impact Fees – Assessment of Impact Fees,’ is
hereby amended to read as follows:
19.04.040 Assessment of impact fees.
A. Effective July 1, 2001, the city shall collect impact fees, based on the fee
schedule of the city of Auburn, from any applicant seeking a building permit from the city
for any development activity within the city.
B. Effective May 19, 2003, where a change in use increases the trip generation by
more than one whole PM peak hour trip, the director shall calculate a transportation
impact fee based on the increases in the trip generation rate.
C. The director shall apply a heavy truck adjustment factor to the transportation
impact fees for industrial land uses, addressing the percentage of vehicle trips for such
uses made by trucks of three or more axles and the street capacity used by such trucks
in comparison to other vehicles.
D. The amount of impact fees shall be determined at the time an applicant submits a
complete application for a building permit, using the impact fee schedules then in effect,
or pursuant to an independent fee calculation accepted by the director pursuant to ACC
19.04.050, and adjusted for any credits pursuant to ACC 19.04.060.
E. Payment of impact fees shall be made by the feepayer at the time the building
permit is issued. The amount to be paid shall not be increased for any applicant that
ACT.A Page 15 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 7 of 14
submitted a complete application for the building permit before the city established the
impact fee rates.
F. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ACC 19.04.060 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.04.060 setting forth the dollar amount of the credit
awarded. Impact fees, as determined after the application of appropriate credits, shall
be collected from the feepayer at the time the building permit is issued.
G. The department shall not issue a building permit unless and until the impact fees
have been paid or credit(s) awarded.
H. For complete single-family building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011, through
April 4, 2013, and prior to or at the time of issuance of any single-family residential
building permit for a dwelling unit that is being constructed, the applicant may elect to
record a covenant against title to the property on forms prepared and provided by the
city that requires payment of transportation impact fees due and owing by providing for
automatic payment through escrow of these transportation impact fees due and owing
to be paid no later than at time of closing of the sale of the unit or at final inspection or
issuance of certificate of occupancy or 18 months from the date of issuance of the
original building permit, whichever comes first. Failure to pay shall result in the
following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (H)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section.
I. For complete multifamily building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011, through
April 4, 2013, and prior to or at the time of issuance of any multifamily residential
building permit that is being constructed, the applicant may elect to record a covenant
against title to the property on forms prepared and provided by the city that requires
ACT.A Page 16 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 8 of 14
payment of transportation impact fees due and owing by providing for automatic
payment through escrow of these transportation impact fees due and owing to be paid
no later than at time of closing of the sale of the unit or at final inspection or issuance of
certificate of occupancy or 18 months from the date of issuance of the original building
permit, whichever comes first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (I)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section.
J. For nonresidential development composed of new development, redevelopment
or a change in use and inclusive of commercial office and retail uses, light and heavy
manufacturing uses, but excluding warehousing and distribution uses, and institutional
development including but not limited to public and private schools and colleges and
hospitals, during the effective period of April 4, 2011, through April 4, 2013, and prior to
the issuance of any permit application and following the execution of a payment
agreement on forms prepared and provided by the city, the applicant may elect to pay
transportation impact fees due and owing, less any credits awarded, no later than prior
to issuance of certificate of occupancy or 18 months from the date of issuance of the
original building permit, whichever comes first. Failure to pay shall result in the
following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
ACT.A Page 17 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 9 of 14
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (J)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 19.04.080 shall not apply to
determinations made pursuant to this section. (Ord. 6341 § 3, 2011; Ord. 6005 § 1,
2006; Ord. 5763 § 1, 2003; Ord. 5506 § 1, 2001.)
Section 4. Amendment to City Code. That Section 19.06.040 of the Auburn
City Code, entitled ‘Fire Impact Fee - Assessment of Impact Fee,’ is hereby amended to
read as follows:
19.06.040 Assessment of impact fees.
A. Effective January 1, 2006, the city shall collect impact fees, based on the fee
schedule of the city of Auburn, from any applicant seeking development approval from
the city for any development activity within the city.
B. The amount of impact fees shall be determined at the time an applicant submits a
complete application for a building permit using the impact fee schedules then in effect,
or pursuant to an independent fee calculation accepted by the director pursuant to ACC
19.06.050, and adjusted for any credits pursuant to ACC 19.06.060.
C. Payment of impact fees shall be made by the feepayer at the time the building
permit is issued for each unit in the development. The amount to be paid shall not be
increased for any applicant that submitted a complete application for the building permit
before the city established the impact fee rates.
D. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ACC 19.06.060 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.06.060 setting forth the dollar amount of the credit
awarded. Impact fees, as determined after the application of appropriate credits, shall
be collected from the feepayer at the time the building permit is issued.
E. The department shall not issue a building permit unless and until the impact fees
have been paid or credit(s) awarded.
F. For complete single-family building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011, through
April 4, 2013, and prior to or at the time of issuance of any single-family residential
building permit for a dwelling unit that is being constructed, the applicant may elect to
record a covenant against title to the property on forms prepared and provided by the
city that requires payment of fire impact fees due and owing by providing for automatic
payment through escrow of these fire impact fees due and owing to be paid no later
ACT.A Page 18 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 10 of 14
than at time of closing of the sale of the unit or at final inspection or issuance of
certificate of occupancy or 18 months from the date of issuance of the original building
permit, whichever comes first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (F)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 19.06.080 shall not apply to
determinations made pursuant to this section.
G. For complete multifamily building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011, through
April 4, 2013, and prior to or at the time of issuance of any multifamily residential
building permit that is being constructed, the applicant may elect to record a covenant
against title to the property on forms prepared and provided by the city that requires
payment of fire impact fees due and owing by providing for automatic payment through
escrow of these fire impact fees due and owing to be paid no later than at time of
closing of the sale of the unit, or at final inspection or issuance of certificate of
occupancy or 18 months from the date of issuance of the original building permit,
whichever comes first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (G)(1) of this section, the city may record a lien against
ACT.A Page 19 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 11 of 14
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 19.06.080 shall not apply to
determinations made pursuant to this section.
H. For nonresidential development composed of new development, redevelopment
or a change in use and inclusive of commercial office and retail uses, light and heavy
manufacturing uses, but excluding warehousing and distribution uses, and institutional
development including but not limited to public and private schools and colleges and
hospitals, during the effective period of April 4, 2011, through April 4, 2013, and prior to
the issuance of any permit application and following the execution of a payment
agreement on forms prepared and provided by the city, the applicant may elect to pay
fire impact fees due and owing, less any credits awarded, no later than prior to issuance
of certificate of occupancy or 18 months from the date of issuance of the original
building permit, whichever comes first. Failure to pay shall result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (H)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 19.06.080 shall not apply to
determinations made pursuant to this section. (Ord. 6341 § 4, 2011; Ord. 5977 § 1,
2005.)
Section 5. Amendment to City Code. That Section 19.08.030 of the Auburn
City Code, entitled ‘Parks Impact Fees – Assessment of Impact Fees,’ is hereby
amended to read as follows:
ACT.A Page 20 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 12 of 14
19.08.030 Assessment of impact fees.
A. Effective January 1, 2007, the city shall collect park impact fees, based on the fee
schedule of the city of Auburn, from any applicant seeking development approval from
the city for any development activity that includes dwelling units within the city. The park
impact fees established hereby shall be listed on the city of Auburn fee schedule.
B. Effective January 1, 2007, where a change in use increases housing capacity by
more than or equal to one dwelling unit, the director shall calculate a parks and
recreation impact fee based on the increase in the housing capacity.
C. The amount of impact fees shall be determined at the time an applicant submits a
complete application for a building permit using the impact fee schedules then in effect,
or pursuant to an independent fee calculation accepted by the director pursuant to ACC
19.08.040, and adjusted for any credits pursuant to ACC 19.08.050.
D. Payment of impact fees shall be made by the feepayer at the time the building
permit is issued for each unit in the development. The amount to be paid shall not be
increased for any applicant that submitted a complete application for the building permit
before the city established the impact fee rates.
E. Applicants that have been awarded credits prior to the submittal of the complete
building permit application pursuant to ACC 19.08.050 shall submit, along with the
complete building permit application, a copy of the letter or certificate prepared by the
director pursuant to ACC 19.08.050 setting forth the dollar amount of the credit
awarded. Impact fees, as determined after the application of appropriate credits, shall
be collected from the feepayer at the time the building permit is issued.
F. The department shall not issue a building permit unless and until the impact fees
have been paid or credit(s) awarded.
G. For complete single-family building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011, through
April 4, 2013, and prior to or at the time of issuance of any single-family residential
building permit for a dwelling unit that is being constructed, the applicant may elect to
record a covenant against title to the property on forms prepared and provided by the
city that requires payment of parks impact fees due and owing, less any credits
awarded, by providing for automatic payment through escrow of these development
charges due and owing to be paid no later than at time of closing of the sale of the unit
or at final inspection or issuance of certificate of occupancy or 18 months from the date
of issuance of the original building permit, whichever comes first. Failure to pay shall
result in the following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
ACT.A Page 21 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 13 of 14
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (G)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 19.08.070 shall not apply to
determinations made pursuant to this section.
H. For complete multifamily building permit applications for new development,
redevelopment or a change in use, during the effective period of April 4, 2011, through
April 4, 2013, and prior to or at the time of issuance of any multifamily residential
building permit that is being constructed, the applicant may elect to record a covenant
against title to the property on forms prepared and provided by the city that requires
payment of parks impact fees due and owing, less any credits awarded, by providing for
automatic payment through escrow of these development charges due and owing to be
paid no later than at time of closing of the sale of the unit or at final inspection or
issuance of certificate of occupancy or 18 months from the date of issuance of the
original building permit, whichever comes first. Failure to pay shall result in the
following:
1. If 30 days after the city has sent the responsible party written notification of its
obligation to pay the charges established in this chapter the full amount remains unpaid,
the responsible party shall be subject to the enforcement provisions of ACC 1.25.030
and 1.25.065. Written notification shall be by regular and certified mail and to the most
current available contact information on file with the city. For the purposes of applying
ACC 1.25.030 and 1.25.065, the responsible party shall constitute a property owner, the
property(ies) for which a permit(s) has been issued shall constitute the property(ies) on
which the violation is occurring, and the impact fee amount remaining unpaid shall
constitute a violation occurring on the permitted property(ies) under these sections.
2. Any unpaid charges adopted by this chapter that are outstanding 30 days from
the date the charges are due shall constitute a lien against the property(ies) for which a
permit(s) have been issued in the amount of the unpaid charges. In addition to the
actions authorized in subsection (H)(1) of this section, the city may record a lien against
the permitted property(ies) in the amount of the unpaid charges and may immediately
suspend any permits previously issued for the lot or unit associated with the current
development activity and shall limit the granting of any future permits for the lot or unit
until such time that all outstanding water, sanitary sewer and storm drainage
development charges are paid in full.
3. The appeals process authorized in ACC 19.08.070 shall not apply to
determinations made pursuant to this section. (Ord. 6341 § 5, 2011; Ord. 6063 § 1,
2006.)
Section 6. Reporting. The Mayor or the Mayor’s designee shall provide a
report on the Fee Deferral Program to the City Council every two years.
ACT.A Page 22 of 254
----------------------------
Ordinance No.
Feburary 5, 2013
Page 14 of 14
Section 7, Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of this
legislation.
Section 8. Severability. The provisions of this ordinance are declared
to be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder of
this ordinance, or the validity of its application to other persons or circumstances.
Section 9. Effective date. This Ordinance shall take effect and be in force
five days from and after its passage, approval and publication as provided by law.
INTRODUCED: __________________
PASSED: _______________________
APPROVED: ____________________
CITY OF AUBURN
______________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
Published: _________________
ACT.A Page 23 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4905, Interlocal
Agreement between King
County, King County Flood
District and the City of Auburn
Date:
February 5, 2013
Department:
Planning and
Development
Attachments:
Agenda Bill
Resolution No. 4905
Attachment A - ILA
Agreement
Exhibit A - Map
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee recommend City Council approve
proposed Resolution No. 4905.
Background Summary:
See attached Agenda Bill.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal, Parks, Planning
Councilmember:Backus Staff:Dixon
Meeting Date:February 11, 2013 Item Number:ACT.B
AUBURN * MORE THAN YOU IMAGINEDACT.B Page 24 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject Resolution No. 4905, An Interlocal Agreement (ILA)
between King County, King County Flood Control Zone District and the
City of Auburn
Date: February 4, 2013
Department: Planning and
Development
Attachments:
Resolution No. 4905
Resolution. Exhibit A – ILA
ILA Exhibit A - Map
Budget Impact: N/A
Administrative Recommendation: Planning and Community Development Committee to
recommend to the City Council adoption of Resolution No. 4905, an Interlocal Agreement between
King County, King County Flood Control Zone District and City of Auburn for Conveyance of
Easements related to the District’s Reddington Levee Setback and Extension Project.
History/background
Planning & Community Development Committee
At the January 14, 2013 Planning & Community Development (PCD) Committee meeting, staff from City
Legal, Parks, Public Works, and Planning Departments provided a briefing on the King County Flood
Control Zone District’s Reddington Levee Setback and Extension Project planned to begin in 2013. The
discussion focused on the 6 City actions that are required for this King County project. In short, these 6
actions include:
1) Comprehensive Plan Map Amendment of storm utility property to change the designation
from “Public and Quasi-Public” to “Moderate Density Residential”. Approved by Ordinance No.
6440, December 17, 2012.
2) Rezoning of storm utility property to change from “P1, Public” to “RMHC, Residential Mobile
Home Community”. A public hearing on the rezone was held January 23, 2013 and the City
Council is scheduled to consider Ordinance No. 6453 February 19, 2013.
3) Purchase and Sale Agreement to sell a portion of city owned property to an adjacent property
owner. The City Council is scheduled to consider Resolution No. 4901, February 19, 2013.
4) Conversion of 2.99 acres of Brannan Park for levee construction and replacement of the
park area within a portion of storm utility property to satisfy state and federal grants. The City
Council is scheduled to consider Resolution No. 4900, February 19, 2013 for surplusing storm
utility owned property for this replacement park land.
5) City permits and approval for levee construction
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & D Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: February 11, 2013 Item Number:
ACT.B Page 25 of 254
Agenda Subject: Resolution No. 4905 Interlocal Agreement between
King County, King County Flood Control District and City of Auburn)
Date: February 4, 2013
6) 3-party Interlocal Agreement for conveyance of easements on city properties for levee
construction. The City Council is scheduled to consider Resolution No. 4905, February 19, 2013.
Also provided at the Committee meeting were:
* An aerial photo map of Reddington Levee Setback and Extension Project – Phases I and 2
* Proposed schedule of City actions
The schedule showed a proposal of bringing the ordinance and the resolutions for consideration at the
February 19th City Council meeting.
Public Works Committee
A similar briefing was provided at the January 22, 2013 Public Works Committee meeting. During the
Committee’s discussion of the 3-party interlocal agreement, a question was raised about how the dollar
amount of payment to the City for the easement on a portion of the two stormwater utility parcels was
determined under the following section of the agreement:
“5. District's Obligations:
a. City Stormwater Utility (Enterprise Fund) Land
(1) The District shall pay the City the sum of One Hundred Forty Two Thousand,
Five Hundred Eleven Dollars and No Cents ($142,511.00) for the 10.77 acres of
easement encumbrances on the City stormwater-utility owned, former Crista
Ministries Parcel (Parcel #0004000098, 6.92 acres), and the Stormwater Facility-
Bioswale Tract (Parcel #733001230, 3.85 acres).”
At the meeting, it was identified that the amount was based on an Appraisal and a subsequent Review
Appraisal that had been prepared for each property. The appraisal and review appraisal were previously
reviewed by the City and accepted. The acceptance was documented in a term sheet that was signed by
both parties and this signed term sheet then formed the basis for the drafting of the ILA.
During the Committee’s discussion, the Mayor directed that additional background establishing the value
be provided to the Public Works Committee members. In short, the review appraisals are based on a
hypothetical change to the “highest and best use” as residential designated land and shows the following:
Easement for 6.92 acres on City stormwater-utility
owned, former Crista Ministries Parcel
(Parcel #0004000098) valued at: $130,961.00
Easement for 3.85 acres on City stormwater-utility
owned Property from Riverpark Estates Subdivision (Bioswale Tract)
(Parcel #733001230) valued at: $11,550.00
Total value of easements according to appraisals $142,511.00
The amount included in the agreement represents roughly $13,232.00 per acre for easement acquisition.
A memo and the 2 Review Appraisals justifying the value were provided to the Public Works Committee
on February 4, 2013.
3-Party Interlocal Agreement for Conveyance of Easements
Resolution No. 4905 and its Exhibit A, the 3-party Interlocal Agreement (ILA), were prepared to facilitate
the transfer of easements on City-owned properties for the future construction of the Reddington Levee
Setback and Extension Project. The acquisition of easements on City properties by the King County
ACT.B Page 26 of 254
Agenda Subject: Resolution No. 4905 Interlocal Agreement between
King County, King County Flood Control District and City of Auburn)
Date: February 4, 2013
Flood Control Zone District and King County will allow for the construction, operation and permanent
maintenance of the Reddington Levee Project.
The City prepared a draft interlocal agreement and upon review of the draft by the District, it was
determined that the agreement also needed to involve King County. The Agreement sets forth the
conditions under which the City will convey non-exclusive easements to the District in support of the
Project.
The three main elements of the agreement are:
1. Compensation to the City for approx. 10.77 acres of encumbrances to two Auburn Storm
Utility-owned properties (a.k.a. Crista Ministries property and Bioswale tract property),
including functional equivalent replacement of the Brannan Park storm drainage bio-
filtration swale.
2. City park land replacement by the District to satisfy the Washington State Recreation and
Conservation Office (RCO) historic grant obligations associated with the original
acquisition of Brannan Park for the approximately 2.99 acres of passive recreation area
which will be lost at Brannan Park due to the Levee.
3. Trail improvements by the District concurrent with the levee construction so that the top
of the levee meets King County's multi-use paved trail specifications and the trail is
consistent with the overall design of the Green River Trail. The trail shall contain a
minimum of three separate pedestrian access points that conform to the slope
requirements of the Americans with Disabilities Act (ADA). Please note that this trail is
currently planned for construction in Phase 1 of the Levee Project only. The City through
the agreement is seeking authorization to construct, if it so chooses, a temporary trail on
King County controlled property in the Phase 2 alignment.
The replacement of the functional equivalent of the bio-filtration swale and the replacement of park land
(“RCO conversion”) is anticipated to be located on the Storm Utility-owned property formerly known as the
“Crista Ministries Property” (Parcel No. 0004000098). The approximately 31.5-acre Crista Ministries
Property was originally purchased to implement long-term recommendations in the 1991 Comprehensive
Drainage Plan. The subsequent adoption of the 2009 Comprehensive Stormwater Drainage Plan
identified that the entire property was no longer needed for storm drainage related purposes, so
surplusing portions of the property is desirable to compensate the Storm Utility for a portion of the initial
purchase. A public hearing must be conducted in order to surplus a portion of the property.
The parcel is mostly undeveloped, except for the overhead electrical transmission lines on lattice towers
(Bonneville Power Administration), an underground water transmission pipeline (Tacoma Pipeline No. 5)
and city-owned storm drainage ponds (associated with the Riverpointe subdivision) and naturally
occurring wetlands.
ACT.B Page 27 of 254
----------------------------
Resolution No. 4905
2.5.2013
Page 1 of 3
RESOLUTION NO. 4905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT AMONG THE CITY OF AUBURN, KING
COUNTY, AND THE KING COUNTY FLOOD CONTROL
ZONE DISTRICT FOR EASEMENTS ASSOCIATED WITH
THE REDDINGTON LEVEE EXTENSION AND SETBACK
PROJECT
WHEREAS, the King County Flood Control Zone District (“District”) and King
County (“County”) are each authorized to provide flood control improvements and flood
protection services throughout the geographic area of King County; and
WHEREAS, the Reddington Levee Extension and Setback Project will address
significant flood risks to people, property and infrastructure within the City and assist the
City in providing important flood protection measures to its citizens; and
WHEREAS, the City, the County, and the District desire to work cooperatively to
bring about the successful completion of the Reddington Levee Extension and Setback
Project in a timely and efficient manner.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and City Clerk are hereby authorized to execute an
Interlocal Agreement between the City, King County, and the King County Flood Control
District for conveyance of easements on City properties for the purpose of facilitating
the construction, operation, maintenance and repair of the Reddington Levee Extension
and Setback Project, which agreement shall be in substantial conformity with the
agreement attached hereto as Exhibit A and incorporated herein by this reference.
ACT.B Page 28 of 254
----------------------------
Resolution No. 4905
2.5.2013
Page 2 of 3
Section 2. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2013.
CITY OF AUBURN
_________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
ACT.B Page 29 of 254
----------------------------
Resolution No. 4905
2.5.2013
Page 3 of 3
Exhibit A – City of Auburn, King County Flood Control Zone District
Interlocal Agreement for Conveyance of Easements Associated with the
Reddington Extension and Setback Project
ACT.B Page 30 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 1 of 10
CITY OF AUBURN, KING COUNTY AND KING COUNTY FLOOD CONTROL ZONE
DISTRICT INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
ASSOCIATED WITH THE REDDINGTON LEVEE EXTENSION AND SETBACK
PROJECT
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of
______________,2013, by and among the City of Auburn, a municipal corporation of the State of
Washington (hereinafter referred to as the “City”), the King County Flood Control Zone District, a
quasi-municipal corporation of the State of Washington (“KC Flood District”) and King County, a
political subdivision of the State of Washington (“King County”), as Service Provider to the KC
Flood District, under a separate interlocal agreement by and between King County and the KC
Flood District. The term “District” shall hereinafter refer to both King County and the KC Flood
District collectively; otherwise KC Flood District or King County shall refer to each in their
separate capacity.
WITNESSETH:
WHEREAS, the KC Flood District and King County are each authorized to provide flood
control improvements and flood protection services throughout the geographic area of King County;
and
WHEREAS, both the KC Flood District and King County have adopted the 2006 King
County Flood Hazard Management Plan, and the Plan recommends a project to set back and extend
the Reddington Levee, to be located on the left bank (West) of the Green River in the City, between
26th Street NE and S 277th Street (“Reddington Levee Project”) ; and
WHEREAS, the Reddington Levee Project will address significant flood risks to people,
property and infrastructure within the City and assist the City in providing important flood
protection measures to its citizens; and
WHEREAS, the City holds title to properties, in which the District has the need to acquire
interests to allow for the construction, operation and maintenance of the Reddington Levee Project;
WHEREAS, in accordance with the terms of this Agreement, the City is agreeable to
conveying the property interests on the lands it holds title to for the purposes of facilitating the
construction, operation, maintenance and repair of the Reddington Levee Project ; and
WHEREAS, the City and the District desire to work cooperatively to bring about the
successful completion of the Reddington Levee Project in a timely and efficient manner;
ACT.B Page 31 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 2 of 10
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. Purpose of the Agreement.
The purpose of this Agreement is to set forth the conditions under which the City will
convey non-exclusive easements to the District in support of the District’s Reddington Levee
Project.
2. Background.
The District is requesting non-exclusive easement rights to 22.9 acres on seven (7) City-
owned parcels for the construction of the District's Reddington Levee Project. The District is
proposing to construct the Reddington Levee Project in two phases. Phase 1 is proposed to extend
from within the City's Brannan Park (Generally, 26th ST NE) north to the north boundary of the plat
of Auburn 40 (a.k.a. plat of Monterey Park) and for this phase construction is anticipated to begin in
2013. Phase 2 is proposed to extend from the northern terminus of Phase 1, north to S. 277th Street.
The funding and timing of Phase 2 has not yet been determined.
This Agreement is intended to address obligations and responsibilities related to both phases of the
Reddington Levee Project.
3. Administration.
a. No new entity is created by this Agreement.
b. The City and King County shall each appoint a representative to manage activities
covered under this Agreement and to work to resolve any conflicts that arise
("Administrators"). The Administrators shall meet as needed. Either Administrator is
authorized to convene a meeting with a minimum of seven calendar days written notice
to the other, if an in-person meeting is warranted. If a conference phone call is
appropriate, it shall be convened with the same written notice and timing.
c. Any conflict that is not resolved by the Administrators within ten working days of the
meeting or conference held to discuss the conflict shall be referred for resolution to the
City’s Assistant Director of Public Works/City Engineer, or his/her designee, and the
King County Division Director of the Water and Land Resources Division. If the
conflict cannot be resolved by the City’s Assistant Director of Public Works/City
Engineer, or his/her designee, and the Division Director of Water and Land Resources
Division, it shall be resolved by the City’s Director of Public Works, or his/her
designee, and the Director of the Department of Natural Resources and Parks of King
County.
4. City's Obligations:
a. The City agrees to provide the District with easements in accordance with the
compensation and consideration described below on the following parcels and as shown
on the map at Exhibit A:
ACT.B Page 32 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 3 of 10
City-Owned Parcels Easement Acreage
Reddington Levee Setback and Extension Phase 1
1 Former Crista Ministries, Parcel #0004000098 6.92
2
StormWater Facility - Bioswale Tract, Parcel
#7338001230 3.85
3 Brannan Park, Parcel #0001000081 2.99
4
Riverpoint Plat Park- Tract “D,” Parcel
#7338221190 3.50
5
Auburn 40 Plat Park – Tract “E,” Parcel
#0301402420 3.25
Reddington Levee Setback and Extension Phase 2
6
Trail Run Plat Park - Tract “O,” Parcel
#8669180500 0.92
7
Trail Run Plat Park -Tract “P,” Parcel
#8669180500 1.47
Total 22.90
5. District's Obligations:
a. City Stormwater Utility (Enterprise Fund) Land
(1) The District shall pay the City the sum of One Hundred Forty Two Thousand, Five
Hundred Eleven Dollars and No Cents ($142,511.00) for the 10.77 acres of
easement encumbrances on the City stormwater-utility owned, former Crista
Ministries Parcel (Parcel #0004000098, 6.92 acres), and the Stormwater Facility-
Bioswale Tract (Parcel #733001230, 3.85 acres).
(2) In addition, the District will be responsible for replacing the equivalent functionality
of the existing bioswale located on Parcel #7338001230, hereafter referred to as
“stormwater quality swale” or “swale”. The replacement facility shall be on the
landward side of the Levee. The District’s responsibility shall include all necessary
land use or construction permitting, design, construction, inspection, and one year of
post-construction performance monitoring, so that there will be no additional
expense to the City on this item. The District's replacement of the swale shall
include the following:
(i) Be completed in general conformance with the City's Public Facility Extension
(FAC) process.
(ii) “Equivalent functionality” shall mean that the swale has a similar length, cross-
section and hydraulic characteristics (travel time and flow depth) as the design of
the existing water quality treatment facility shown on Auburn’s construction
drawings for project number C8049A, which provides treatment for flow rates
up to 7.7 cfs and accommodates a discharge conveyance capacity of 25 cfs from
the existing Brannan Park Storm Drainage pump station. The parties agree that
the new swale and associated pipes will be designed to treat 7.7 cfs of flow and
accommodate a discharge from the pump station at a flow rate of 15 cfs,
provided the pump station can be modified to discharge an additional 10 cfs of
flow directly to the river in a manner acceptable to the City. City and King
County staff may agree to alternative or additional equivalent functionality
ACT.B Page 33 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 4 of 10
criteria.
(iii) The City shall have the opportunity to review and comment on the plans
developed by t he District for the swale replacement prior to finalization,
permitting and approval. The District shall cooperate and work to incorporate
City’s comments prior to finalization, permitting and approval. Additionally, the
City shall have the opportunity to inspect the construction and provide
comments.
(iv) The District shall sequence its project activities to ensure that the full equivalent
functionality of the existing bioswale is in place by October 1, 2013. The District
may install temporary measures; however, treatment functionality must be
maintained throughout construction.
b. Parkland Washington State Recreation and Conservation Office (RCO) Conversion
(1) The District shall fully fund the City's obligation to satisfy the RCO conversion
requirements for the 2.99 acres at Brannan Park (Parcel #0001000081) and shall
work with the City to replace the Brannan Park acres with 2.99 acres at another
location acceptable to the City.
(2) The City and King County shall determine whether any proposed replacement
property is "available and in an acceptable location and configuration" using the
following process: The City and King County shall cooperate to determine suitable
areas based on areas not needed for replacement of the River Mobile Home Park due
to Reddington Levee Project displacement, and based on existing easements and
restrictions and existing stormwater facilities affecting the former Crista Ministries
parcel. The potential for relocating any existing easements and restrictions or
existing stormwater facilities currently affecting the former Crista Ministries parcel
may also be evaluated and accomplished by King County. The location and
configuration of the replacement City park land shall be determined in consultation
with the City Director of Parks, Arts and Recreation. The City shall initiate and
process a boundary line adjustment or other land use process through the City's
development review to transfer ownership of the property from City’s stormwater
utility to the City’s general fund.
(3) If property on the former Crista Ministries site is available to satisfy the conversion,
the District shall fund all City costs associated with converting the stormwater
property including but not limited to:
(i) Conduct a new appraisal (under the process described in (4) below),
(ii) Perform the process required for any boundary line adjustment, if needed, and
(iii) Negotiate and complete title work and petition process with RCO.
In the event that the former Crista Ministries site is not available or acceptable, then
the parties will seek a mutually agreeable solution to replace the Brannan Park
Property.
ACT.B Page 34 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 5 of 10
(4) If the District acquires the former Crista Ministries property, it shall pay the City the
fair market value as determined using the following process: The District shall, at its
sole expense, obtain an appraisal. If the City disagrees with the appraisal, it may hire
its own appraiser at its own expense. If the two appraisals are within 10 percent of
each other, the parties agree to split the difference between the two appraisals. If
they are not within 10 percent, each appraiser will jointly select a third appraiser,
whose appraisal value shall be the final value used and whose appraisal preparation
cost shall be split equally between the City and District.
c. Trail Improvements.
(1) As consideration for lost park land from the City's park resources, the District shall,
at its sole expense, design and construct a paved trail on the entire length of the
Phase 1 of the Reddington Levee Project, so that the top of the levee meets King
County's multi-use paved trail specifications and so that the trail is consistent with
the design of the Green River Trail. After construction, the trail shall become part of
the County’s regional Trail System, and the County shall be responsible for the
operation and maintenance of the trail. The trail shall contain a minimum of three
separate public access points that conform to the slope requirements of the
Americans with Disabilities Act (ADA), as mutually agreed upon by the City and
District, with the purpose of allowing the public to access the trail at the top of the
levee from current or planned public roads or trails within the immediate vicinity of
the Reddington Levee Project. In the event that the configuration of the Reddington
Levee Project generates the need for the trail to be utilized by the City to access its
utility facilities, then the parties will seek a mutually agreeable solution for such
access including the creation or addition of access points from the trail or from other
locations to said facilities, subject to approval of King County Parks.
(2) If the District constructs Phase 2 of the Reddington Levee Project, the District agrees
to pave, at its sole expense, the top of the Phase 2 levee to the same specifications
stated in Section 5c(1) above for use as a recreational trail.
(3) The City agrees to convey, at no additional cost to the District, except for the
consideration specified in Section 5.a., easements to the District over the City-owned
parcels necessary for the District to complete the District's Reddington Levee Project
and to complete said trail improvements.
(4) If and when the District constructs Phase 2 of the Reddington Levee Project, the City
will convey easements for the Reddington Levee Project needed from Trail Run Plat
Park - Tracts "0” and "P," when the District has a confirmed date to begin Phase 2
construction.
(5) For each phase of the Project, the City will retain rights to the levee top trail over city
owned property and for accessing the levee trail at a minimum of three (3) mutually
agreed upon selected points along the trail and retain rights for pedestrian and hand-
carry boat access to the water of the Green River. Easement locations will be
ACT.B Page 35 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 6 of 10
coordinated by the District during the design phase prior to construction with City
and King County Parks approval of final levee plans that illustrate public access
points.
(6) The District agrees to exercise its best efforts in helping the City acquire rights in
real property that would allow the City, at its sole expense, to construct a temporary
trail on District or other property for the purposes of connecting the north end of the
Phase 1 trail to the public trail along 277th Street. To the extent that King County
has or obtains real property interests in the location of such proposed temporary trail,
King County agrees to undertake a good faith effort to convey to the City rights
sufficient to allow the construction and maintenance of such temporary trail. If
Phase 2 of the Reddington Levee Project is not constructed, the Parties will work
towards finding a means that would allow the public to continue use of the
temporary trail. If Phase 2 of the Reddington Project is constructed, the Parties agree
that such rights of the City referred to in this subsection 6 shall terminate upon
construction of a connecting trail as part of Phase 2 of the Project or upon District
construction of the regional trail segment.
6. Preparation and recording of easements.
a. The District will prepare drafts of all easement documents in a form acceptable to the
City.
b. The District will be responsible for recording all easements, and for providing copies to
the City.
7. Indemnification.
The City and the District agree that each shall indemnify and hold the other party and its
agents, employees, and/or officers, harmless from and shall process and defend at its own expense
any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of
whatsoever kind or nature, brought against the indemnified party arising out of, in connection with,
or incident to the execution of this Agreement and/or the indemnifying party’s performance or
failure to perform any aspect of this Agreement; provided, however, that if such claims are caused
by or result from the concurrent negligence of the indemnified party, its agents, employees, and/or
officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence
of the indemnifying party; and provided further, that nothing herein shall require the indemnifying
party to hold harmless or defend the indemnified party, its agents, employees and/or officers from
any claims arising from the sole negligence of the indemnified part, its agents, employees, and/or
officers. No liability shall attach to any party by reason of entering into this Agreement except as
expressly provided herein. This Agreement and any activities authorized hereunder shall not be
construed as granting any rights or privileges to any third person or entity, or as a guarantee or
warranty of protection from flooding or flood damage to any person, entity or property, and
nothing contained herein shall be construed as waiving any immunity to liability by the City,
King County, and/or the KC Flood District, granted under state statute, including Chapters 86.12
and 86.15 of the Revised Code of Washington (RCW), or as otherwise granted or provided for
by law.
ACT.B Page 36 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 7 of 10
8. Waiver of Subrogation.
The parties hereby mutually release each other from liability and waive all right of recovery
against each other for any loss caused by fire or other perils which can be insured against under fire
insurance contracts including any extended coverage endorsements thereto which are customarily
available from time to time in the State of Washington, provided, that this paragraph shall be
inapplicable to the extent that it would have the effect of invalidating any insurance coverage of any
party.
9. Compliance with rules and regulations
The parties shall comply with all applicable rules and regulations pertaining to them in
connection with the matters covered herein.
10. Assignment
The parties shall not assign this Agreement or any interest, obligation or duty therein
without the express written consent of the other parties.
11. Attorney’s fees
If any party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by another party with respect to this
Agreement, and in the further event that one or more parties shall substantially prevail in such
action, the losing party shall, in addition to all other payments required therein, pay all of the
prevailing party’s or parties’ reasonable costs in connection with such action, including such sums
as the court or courts may adjudge reasonable as attorney’s fees in the trial court and in any
appellate courts.
12. NOTICES
All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent
to the following respective addresses:
To King County::
Christie True, Director,
King County DNRP
201 S Jackson Street, Suite 700
Seattle, WA 98104-3855
To the City:
Dennis Selle, Asst. Public Works
Director/City Engineer
25 W. Main Street
Auburn, WA 98001
To the KC Flood District:
Kjris Lund
Executive Director
516 Third Avenue Room 1200
Seattle, WA 98104
ACT.B Page 37 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 8 of 10
or to such other respective addresses as any party hereto may hereafter from time to time designate
in writing. All notices and payments mailed by regular post (including first class) shall be deemed to
have been given on the second business day following the date of mailing, if properly mailed and
addressed. Notices and payments sent by certified or registered mail shall be deemed to have been
given on the day next following the date of mailing, if properly mailed and addressed. For all types
of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the
date of mailing. Notices may be provided by electronic mail, and shall be considered to have been
given on the day after the electronic mail message is sent.
13. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agree that it will comply
with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sex, age, or the presence of any sensory,
mental or physical handicap be discriminated against or receive discriminatory treatment by reason
thereof.
14. MISCELLANEOUS
a. All of the covenants, conditions and agreements in this Agreement shall extend to and
bind the legal successors and assigns of the parties hereto
b. This Agreement shall be deemed to be made and construed in accordance with the laws
of the State of Washington. Jurisdiction and venue for any action arising out of this
Agreement shall be in accordance with RCW 36.01.050.
c. The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
d. The duration of this Agreement shall extend until the completion of the construction of
Phase 2 of the Reddington Levee Project. Notwithstanding the preceding sentence, in
the event that the parties mutually agree in writing after construction of Phase 1 of the
Reddington Levee Project that the construction of Phase 2 of the Reddington Levee
Project should be postponed indefinitely, then this Agreement shall terminate upon the
date of the execution of such writing.
e. The performances of the duties of the parties provided hereby shall be done in
accordance with standard operating procedures and customary practices of the parties.
f. Unless otherwise specifically provided herein, any real property to be held in connection
herewith, if applicable, shall be held as the separate property of the party or parties in
whose name(s) the property is/was acquired.
g. No provision of this Agreement shall relieve any party of its public agency obligations
and or responsibilities imposed by law.
h. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held to be invalid or unenforceable by a final
decision of any court having jurisdiction on the matter, the remainder of this Agreement
or the application of such term or provision to persons or circumstances other than those
as to which it is held invalid or unenforceable shall not be affected thereby and shall
ACT.B Page 38 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 9 of 10
continue in full force and effect, unless such court determines that such invalidity or
unenforceability materially interferes with or defeats the purposes hereof, at which time
either party shall have the right to terminate the Agreement.
i. This Agreement constitutes the entire agreement among the parties. There are no terms,
obligations, covenants or conditions other than those contained herein. No modifications
or amendments of this Agreement shall be valid or effective unless evidenced by an
agreement in writing signed by all of the parties.
j. Pursuant to RCW 39.34.040, a copy of this Agreement shall be filed with the Auburn
City Clerk, recorded with the King County Auditor, or made available on the City or
County web sites, in the sole discretion of the Parties.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
KING COUNTY CITY OF AUBURN
By: __________________________________ ____________________________________
Peter B. Lewis, Mayor
Its: __________________________________
Attest:_______________________________
Danielle Daskam, City Clerk
Approved as to form:
_____________________________________ ____________________________________
Deputy Prosecuting Attorney Daniel B. Heid, City Attorney
KING COUNTY FLOOD CONTROL
ZONE DISTRICT
By:_______________________________
Its:__________________________________
Approved as to form:
____________________________________
Attorney for KC Flood District
ACT.B Page 39 of 254
CITY OF AUBURN, KING COUNTY, AND KING COUNTY FLOOD CONTROL ZONE DISTRICT
INTERLOCAL AGREEMENT FOR CONVEYANCE OF EASEMENTS
Draft Date 01.11.13
Page 10 of 10
EXHIBIT A
MAP
ACT.B Page 40 of 254
Proposed Construction Easement
for Tacoma Water 2nd Supply Pipeline
Tacoma Water Supply
Pipeline No. 5 Easement
BPA
Easement
Brannan Park
Brannan Park
Stormwater
Pump Station
30th Street NE
26th Street NE
37th Street NE
Auburn
Municipal
Airport
Isaac Evans
Park
Auburn Regional
Golf Course
Auburn 40 Plat (Monterey Park Dev.)
La
b
r
a
d
o
r
Pr
o
p
e
r
t
y
River Mobile Estates
City of Auburn Property
(former Crista Property)
Riverpointe Development
Riverpark Estates Development
Trail Run Plat (River Sand Dev.)
Port of Seattle
Wetland Mitigation
Site
Gre
e
n
R
i
v
e
r
R
o
a
d
S
E
Gr
e
e
n
R
i
v
e
r
R
o
a
d
S
E
RM 29.5RM 29.5
RM 28.5RM 28.5
RM 28.0RM 28.0
RM 27.5RM 27.5
RM 29.0RM 29.0
G
r
e
e
n
R
i
v
e
r
G
r
e
e
n
R
i
v
e
r
Gree
n
R
i
v
e
r
Gree
n
R
i
v
e
r
Gr
e
e
n
R
i
v
e
r
Gr
e
e
n
R
i
v
e
r
M
S
t
r
e
e
t
N
E
C
S
t
r
e
e
t
N
E
Au
b
r
u
n
W
a
y
N
.
A
u
b
r
u
n
W
a
y
N
.
EXISTING
LEVEE
PROPOSED
LEVEE
ALIGNMENTWestport Capital Property
PROPOSED LEVEE
Levee
Footprint Levee Crest
500’500’0
Legend
Minor Contours - 2 foot
River Mile Marker and Number
Parcel Boundaries
Utility Easements
Railroad
Major Contours - 10 foot
5.1 MR
Edge of Pavement
Structures
Edge of Water
Maintenance
Access Zone
Reddington Levee Setback and Extension
PROPOSED LEVEE ALIGNMENT
13
5
-
1
2
5
3
9
-
1
0
0
0
1
-
0
6
/
F
i
g
3
-
1
_
F
I
N
A
L
_
B
a
s
e
M
a
p
a
n
d
P
r
o
p
o
s
e
d
A
l
i
g
n
m
e
n
t
.
a
i
R
e
v
i
d
e
d
f
i
l
e
n
a
m
e
:
1
2
0
4
_
2
4
6
0
m
_
R
e
d
d
i
n
g
t
o
n
R
e
v
3
_
C
S
4
.
a
i
ACT.B Page 41 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4900, Declaration as Surplus a Portion of the
City's Stormwater Utility Owned Property
Date:
February 5, 2013
Department:
Planning and Development
Attachments:
Agenda Bill
Resolution No. 4900
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee recommends City Council approve
Resolution No. 4900.
Background Summary:
See attached Agenda Bill.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Legal, Parks, Planning
Councilmember:Backus Staff:Dixon
Meeting Date:February 11, 2013 Item Number:ACT.C
AUBURN * MORE THAN YOU IMAGINEDACT.C Page 42 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject Resolution No. 4900, Declaration as surplus a
portion of City Storm Utility-Owned Property
Date: February 4, 2013
Department: Planning and
Development
Attachments: Resolution No. 4900 Budget Impact: N/A
Administrative Recommendation: Planning and Community Development Committee to
recommend to the City Council adoption of Resolution No. 4900, declaring as surplus a portion of City
stormwater utility-owned property.
History/background
Planning & Community Development Committee
At the January 14, 2013 Planning & Community Development Committee meeting staff from the City
Legal, Parks, Public Works, and Planning Departments provided a briefing on the King County Flood
Control District’s Reddington Levee Setback and Extension Project planned to begin in 2013. The
discussion focused on the 6 City actions that are required for this King County project. In short, these 6
actions include:
1) Comprehensive Plan Map Amendment of storm utility property to change the designation
from “Public and Quasi-Public” to “Moderate Density Residential”. Approved by Ordinance No.
6440, December 17, 2012.
2) Rezoning of storm utility property to change from “P1, Public” to “RMHC, Residential Mobile
Home Community”. A public hearing on the rezone was held January 23, 2013 and the City
Council is scheduled to consider Ordinance No. 6453 February 19, 2013.
3) Purchase and Sale Agreement to sell a portion of city owned property to an adjacent property
owner. The City Council is scheduled to consider Resolution No. 4901, February 19, 2013.
4) Conversion of 2.99 acres of Brannan Park for levee construction and replacement of park
area within a portion of storm utility property to satisfy state and federal grants. The City Council
is scheduled to consider Resolution No. 4900, February 19, 2013 for surplusing storm utility
owned property for this replacement park land.
5) City permits and approval for levee construction
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & D Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: February 11, 2013 Item Number:
ACT.C Page 43 of 254
Agenda Subject: Resolution No. 4900
Declaration as surplus a portion of City Storm utility owned property
Date: February 4, 2013
6) 3-party Interlocal Agreement for conveyance of easement on city property for levee
construction. The City Council is scheduled to consider Resolution No. 4905, February 19, 2013.
Also provided at the Committee meeting were:
* An aerial photo map of Reddington Levee Setback and Extension Project – Phases I and 2
* Proposed schedule of City actions
The schedule showed a proposal of bringing the ordinance and the resolutions for consideration at the
February 19th City Council meeting.
Public Works Committee
A similar briefing was provided at the January 22, 2013 Public Works Committee meeting.
Surplusing of City Storm Utility Owned Property
Resolution No. 4900 was prepared by the City to recognize as “surplus” approximately 9.35 acres of the
city owned property referred to as the “Former Crista Ministries Property” and conducting the public
hearing as required under RCW 35.94.040 as follows:
“RCW 35.94.040 Lease or sale of land or property originally acquired for public utility
purposes.
Whenever a city shall determine, by resolution of its legislative authority, that any lands, property,
or equipment originally acquired for public utility purposes is surplus to the city's needs and is not
required for providing continued public utility service, then such legislative authority by resolution
and after a public hearing may cause such lands, property, or equipment to be leased, sold, or
conveyed. Such resolution shall state the fair market value or the rent or consideration to be paid
and such other terms and conditions for such disposition as the legislative authority deems to be
in the best public interest.”
The portion of the 31.5-acre property to be recognized as “surplus” is undeveloped. The balance of the
parcel is also undeveloped, except for the overhead electrical transmission lines on lattice towers
(Bonneville Power Administration), an underground water transmission pipeline (Tacoma Pipeline No. 5)
and storm drainage ponds and naturally occurring wetlands.
The City’s stormwater utility acquired the property in 1995 to implement the city’s 1991 Comprehensive
Drainage Plan. Subsequent changes in drainage standards and more specific storm drainage modeling
conducted by the City indicated that the entirety of the parcel was no longer needed. An update to the
City’s Comprehensive Drainage Plan was processed as a Comprehensive Plan Amendment in 2011
based on this storm drainage modeling for this drainage basin (City File # CPA11-0003 – P/T#7).
The subject property had a “Single Family Residential” comprehensive plan designation and was zoned
“R2, Single Family Residential” since at least 1987. The comprehensive plan designation was then
changed to “Public Quasi-Public” and the zoning changed to “P1, Public Use” after the city’s acquisition of
the parcel in 1995 in response to potential use for future municipal regional storm water management
purposes.
The area recognized as surplus is proposed to be repurposed for:
1) Approximately 5.95 acres – The King County Flood Control District is acquiring the east end of the
mobile home park (and a row of mobile home spaces closest to the Green River) in order to relocate the
levee further west and away from the River and to allow additional flood capacity and river migration area.
The mobile home park north of the subject property will lose approximately 16 mobile home spaces and
its recreational vehicle parking as a result of the Levee Project and has approached the City to purchase
approximately 5.95 acres of the northern portion of the city’s adjacent property in order to replace mobile
ACT.C Page 44 of 254
Agenda Subject: Resolution No. 4900
Declaration as surplus a portion of City Storm utility owned property
Date: February 4, 2013
units lost to the levee project and provide housing for park residents. A purchase and sale agreement
has been negotiated. A Comprehensive Plan Map Amendment and related rezoning change have been
requested by the mobile home park owner for the purpose of changing the designations. The
Comprehensive Plan Map Amendment (File No. CPA12-0002) was approved by Ordinance No. 6440 of
the City Council on December 17, 2012. A public hearing on the rezone (change in zoning map
classification) (REZ12-0001) was held January 23, 2013 and Council consideration of Ordinance No.
6453 is anticipated February 19, 2013. .
2) Approximately 3.4 acres – This area is proposed to be used to provide replacement park land for the
2.99 acres of park land being taken up by the footprint of the Levee within Brannan Park. The levee will
occupy a portion of Brannan Park that was originally purchased with federal and state funds. In
accordance with the terms of the original grant, the permission must be secured from state and federal
agencies to “convert” this eastern portion of the park to another use and provide replacement park land.
The State Recreation and Conservation Office (RCO) administers the process. The City Parks, Arts and
Recreation Department has determined there is no other properties adjacent to the existing Brannan Park
that provide a more suitable as replacement park land and that replacement at this location and
configuration would continue the series of open spaces along the Green River Trail.
ACT.C Page 45 of 254
----------------------------
Resolution No. 4900
January 10, 2013
Page 1 of 3
RESOLUTION NO. 4900
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, DECLARING
CERTAIN REAL PROPERTY AS NO LONGER
NEEDED FOR UTILITY PURPOSES, DECLARING A
PORTION OF THAT PROPERTY AS SURPLUS,
AND AUTHORIZING ITS DISPOSAL
WHEREAS, the City of Auburn owns a certain piece of real property
identified as King County Tax Parcel Number 0004000098 and commonly known
as 3460 I Street, NE, Auburn, Washington 98002 that was originally purchased
for use by the City’s Storm Drainage Utility; and,
WHEREAS, City staff has notified the City Council that that this property is
no longer needed for storm drainage purposes; and
WHEREAS, as required by RCW 35.94.040, the City held a public hearing
on the matter of whether the property is no longer required for utility purposes;
and,
WHEREAS, in connection with the King County Flood Control Zone
District’s Reddington Levee Project (“Levee Project”), a mobile home park
located north of the property will lose approximately 16 mobile home spaces for
its residents, and the owner of that mobile home park has approached the City
with a request to purchase a portion of the property in order to continue to
provide housing options to the park’s residents; and,
WHEREAS, the remainder of the property not sold to the mobile home
park will be used to replace park property that is displaced by the Levee Project;
and,
ACT.C Page 46 of 254
----------------------------
Resolution No. 4900
January 10, 2013
Page 2 of 3
WHEREAS, it would be appropriate to surplus the property and dispose of
it by auction or other sale mechanism, or to dispose of it, in whole or in part,
through gift to another governmental agency or an appropriate charitable non-
profit entity, as deemed most expedient by the Mayor.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON HEREBY RESOLVES as follows:
Section 1. That the property identified below is declared to no longer be
required for utility purposes. Additionally, the property is hereby declared to be
surplus.
Section 2. The Mayor is authorized to dispose of all or a portion of the
real property described below, and to convey such property through appropriate
sale or other disposition.
Lot D of City of Auburn Short PIat No. 20-80, as recorded under
Survey Number 8101079005, and corrected by affidavit under
Recording Number 8104280802, being a portion of the Harvey H.
Jones Donation Land Claim located in Section 6, Township 21
North, Range 5 East, W...M., in King County, Washington;
TOGETHER WITH an easement for ingress and egress as
provided in instrument recorded under Recording Number
8402020439 and clarified by instrument recorded under Recording
Number 9007311728
King County Tax Parcel Number: 000400-0098
Section 3. That the property to be sold to the mobile home park shall be
sold for a price to be negotiated through a purchase and sale agreement that
shall be approved by separate Resolution;
Section 4. That the portion of the property not sold to the mobile home
park shall be transferred in the records of the City to the City’s Parks, Arts and
ACT.C Page 47 of 254
----------------------------
Resolution No. 4900
January 10, 2013
Page 3 of 3
Recreation Department. The City Council finds that the transfer of the obligation
to manage the property, along with the continued use of some of the property for
stormwater conveyance, treatment, and storage purposes is adequate
consideration to the utility for the transfer.
Section 5. That the Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation,
including conveying with the property to be sold to the mobile home park such
easements as may be appropriate for their intended use.
Section 6. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2013.
CITY OF AUBURN
________________________________
PETER B. LEWIS
MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
ACT.C Page 48 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4901, Purchase and Sale Agreement
between the City of Auburn and River Mobile Estates
Date:
February 5, 2013
Department:
Planning and Development
Attachments:
Agenda Bill
Resolution No. 4901
Exhibit A - Purchase and Sale Agreement
Budget Impact:
$0
Administrative Recommendation:
Planning and Community Development Committee recommend City Council approve
Resolution No. 4901.
Background Summary:
See attached Agenda Bill.
Reviewed by Council Committees:
Planning And Community Development, Public Works Other: Parks, Planning, Legal
Councilmember:Backus Staff:Dixon
Meeting Date:February 11, 2013 Item Number:ACT.D
AUBURN * MORE THAN YOU IMAGINEDACT.D Page 49 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject Resolution No. 4901, Purchase and Sale Agreement
between City of Auburn and River Mobile Estates Mobile Home Park
Date: February 5, 2013
Department: Planning and
Development
Attachments: Resolution No. 4901
Exhibit A – Purchase & Sale
Agreement
Budget Impact: N/A
Administrative Recommendation: Planning and Community Development Committee to
recommend to the City Council adoption of Resolution No. 4901, a Purchase and Sale Agreement
between City of Auburn and River Mobile Estates Mobile Home Park
History/background
Planning & Community Development Committee
At the January 14, 2013 Planning & Community Development Committee meeting the staff of the City
Legal, Parks, Public Works, and Planning Departments provided a briefing on the King County Flood
Control District’s Reddington Levee Setback and Extension Project planned for 2013. The discussion
focused on the 6 City actions that are required for this King County project. In short, these 6 actions
include:
1) Comprehensive Plan Map Amendment of storm utility property to change the designation
from “Public and Quasi-Public” to “Moderate Density Residential”. Approved by Ordinance No.
6440, December 17, 2012.
2) Rezoning of storm utility property to change from “P1, Public” to “RMHC, Residential Mobile
Home Community”. A public hearing on the rezone was held January 23, 2013 and the City
Council is scheduled to consider Ordinance No. 6453 February 19, 2013.
3) Purchase and Sale Agreement to sell a portion of city owned property to an adjacent property
owner. The City Council is scheduled to consider Resolution No. 4901, February 19, 2013.
4) Conversion of 2.99 acres of Brannan Park for Levee construction and replacement of area
within a portion of storm utility property to satisfy state and federal grants. The City Council is
scheduled to consider Resolution No. 4900, February 19, 2013 for surplusing storm utility owned
property for replacement park land.
5) City permits and approval for Levee construction
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
Arts Commission COUNCIL COMMITTEES: Building M&O
Airport Finance Cemetery Mayor
Hearing Examiner Municipal Services Finance Parks
Human Services Planning & D Fire Planning
Park Board Public Works Legal Police
Planning Comm. Other Public Works Human Resources
Action:
Committee Approval: Yes No
Council Approval: Yes No Call for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Backus Staff: Snyder
Meeting Date: February 11, 2013 Item Number:
ACT.D Page 50 of 254
Agenda Subject: Resolution No 4901 Purchase and Sale Agreement
between City of Auburn and River Mobile Estates Mobile Home Park
Date: February 4, 2013
6) 3-party Interlocal Agreement for conveyance of easement on city property for levee
construction. The City Council is scheduled to consider Resolution No. 4905, February 19, 2013.
Also provided at the Committee meeting were:
* An aerial photo map of Reddington Levee Setback and Extension Project – Phases I and 2
* Proposed schedule of City actions
The schedule showed a proposal of bringing the ordinance and the resolutions for consideration at the
February 19th City Council meeting.
Public Works Committee
A similar briefing was provided at the January 22, 2013 Public Works Committee meeting.
Purchase and Sale Agreement for City-owned property
The related Resolution No. 4900 was prepared by the City to recognize as surplus a portion of the city
stormwater utility owned property referred to as the “Former Crista Ministries Property” and conducting
the public hearing as required under RCW 35.94.040.
The King County Flood Control District is acquiring the east end of the mobile home park (and a row of
mobile home spaces closest to the Green River) in order to relocate the levee further west and away from
the River and allow additional flood capacity and river migration area. The mobile home park north of the
subject property will lose approximately 16 mobile home spaces and its recreational vehicle parking as a
result of the King County Reddington Levee Project and has approached the City with a request to
purchase approximately 5.95 acres of the northern portion of the city’s adjacent property in order to
replace mobile units and provide housing for park residents. A purchase and sale agreement has been
negotiated and Resolution No 4901 was drafted to implement.
A Comprehensive Plan Map Amendment and related rezoning change have been requested by the
mobile home park owner for the purpose of changing the land use designations. The Comprehensive
Plan Map Amendment (File No. CPA12-0002) was approved by Ordinance No. 6440 of the City Council
on December 17, 2012. A public hearing on the rezone (change in zoning map classification) (REZ12-
0001) was conducted January 23, 2013 and the City Council is scheduled to consider Ordinance No.
6453 February 19, 2013.
ACT.D Page 51 of 254
--------------------------------------
Resolution No. 4901
January 10, 2013
Page 1 of 3
RESOLUTION NO. 4901
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE A PURCHASE AND SALE
AGREEMENT BETWEEN THE CITY OF AUBURN AND
RIVER MOBILE ESTATES FOR REAL PROPERTY
WHEREAS, the City owns real property that it no longer needs for
municipal purposes and which it has surplused under Resolution No. 4900; and
WHEREAS, HCA Management, dba The River, dba River Mobile
Estates, a California General Partnership, desires to purchase said property;
and
WHEREAS, the City of Auburn and River Mobile Estates have
negotiated an agreement that is beneficial to both parties at a cost that is
acceptable to the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The Mayor of the City of Auburn and the Auburn City Clerk
are hereby authorized to execute a Purchase and Sale Agreement between the
City of Auburn and River Mobile Estates for the purchase of real property which
agreement shall be in substantial conformity with the Agreement a copy of
which is attached hereto, marked as Exhibit “A” and incorporated herein by this
reference.
ACT.D Page 52 of 254
--------------------------------------
Resolution No. 4901
January 10, 2013
Page 2 of 3
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This resolution shall be in full force and effect upon
passage and signatures hereon.
Dated and Signed this _____ day of _________________, 2013.
CITY OF AUBURN
_____________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
ACT.D Page 53 of 254
--------------------------------------
Resolution No. 4901
January 10, 2013
Page 3 of 3
Exhibit A - Purchase and Sale Agreement
between the City of Auburn and River Mobile Estates
for the purchase of real property
ACT.D Page 54 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 1 of 16
PURCHASE AND SALE AGREEMENT
This PURCHASE AND SALE AGREEMENT (this “Agreement”) is entered into as of
the _____ day of ________, 2013, by and between the CITY OF AUBURN, a
Washington municipal corporation, as Seller (hereinafter the “City” or “SELLER”), and
HCA Management dba THE RIVER, dba RIVER MOBILE ESTATES, a California
General Partnership (hereinafter the “Buyer”).
RECITALS
A. The SELLER is the owner of certain real property and all improvements
thereon located in the City of Auburn, County of King, Washington, at the common
address of 3460 I St. NE (King County Tax Parcel No. 000400-0098) which is legally
described as follows:
Lot D of City of Auburn Short Plat No. 20-80, as recorded under Survey
Number 8101079005, and corrected by affidavit under Recording Number
8104280802, being a portion of the Harvey H. Jones Donation Land Claim
located in Section 6, Township 21 North, Range 5 East, W..M., in King
County, Washington;
TOGETHER WITH an easement for ingress and egress as provided in
instrument recorded under Recording Number 8402020439 and clarified by
instrument recorded under Recording Number 9007311728
B. The Buyer desires to purchase from the City approximately 5.95 acres of
the above described property, which portion is more specifically described on the
warranty deed (the “Acquired Property”), said deed being attached hereto as Exhibit “A”
and incorporated herein by this reference (the “Deed”).
C. City desires to sell the Acquired Property to Buyer, on the terms and
conditions set forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowledged, Buyer and City hereby agree as
follows:
1. Certain Defined Terms. For purposes of this Agreement, the terms set forth
below shall have the meaning assigned to them:
1.1 “Closing” or “Close of Escrow” means the recordation of the Deed in the Official
Records and SELLER’s receipt of the Purchase Price.
ACT.D Page 55 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 2 of 16
1.2 “Closing Date” means any mutually agreeable date on or before
______________________, 2013.
1.3 “Escrow” means the escrow opened with Escrow Agent for the consummation of
the transaction described in this Agreement.
1.4 “Escrow Agent” means Stephani Owens of Stewart Title Company (Phone: (206)
770-8811).
1.5 “Official Records” means the official real property records of King County,
Washington.
1.6 “Opening of Escrow” means the date a fully executed copy of this Agreement is
deposited with Escrow Agent.
1.7 “Permitted Exceptions” has the meaning as set forth in Section 6.4 below.
1.8 “Purchase Price” has the meaning as set forth in Section 3.
1.9 “Title Company” means Stewart Title Company.
1.10 “Title Policy” means an ALTA (1970 Form B) extended coverage owner’s policy
of title insurance issued by the Title Company to Buyer with coverage in the amount of
purchase price, showing title to the Acquired Property vested in City subject only to the
Permitted Exceptions.
2. Purchase and Sale. The City agrees to sell to Buyer, and Buyer agrees to purchase
from City, the Acquired Property upon the terms and conditions set forth in this
Agreement.
3. Purchase Price; Cash Payment. The total cash purchase price for the Acquired
Property (the “Purchase Price”) shall be One Hundred Thousand Dollars per acre, with a
proportionate amount for any percentage of an acre. The Purchase Price shall be paid to
City in cash at Closing.
4. Covenants, Conditions, Restrictions. This Agreement shall include Buyer’s right
to purchase a storm water drainage easement for a below grade storm water conveyance
facility which shall be legally described and depicted in Exhibit “C” to this Agreement.
The parties agree to work in good faith together, if necessary, to prepare a temporary and
permanent easement. The initial easement will be initially described as temporary and it
will be based on the current 60% proposed conceptual site plan, River Mobile Estates,
CHS Engineers, whereby the proposed storm system includes a detention pond with a
storm water outlet pipe leading southeasterly to an outlet to an existing outfall to the
Green River. This easement may be obstructed by the future Levee Project, with the
outfall being relocated by the King County Flood Control District for the Reddington
ACT.D Page 56 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 3 of 16
Setback and Extension Project (Levee Project). If the initial easement is not moved by
the Levee Project, the parties agree to record this initial easement as a permanent
easement. If the initial outfall location is obstructed, the parties will work together in
good faith to develop a second easement which shall become permanent. The easement
will be approximately 15 feet wide, crossing the city property associated with this storm
water outlet pipe.
The Parties agree that the purchase price does not include the value of the land for
the permanent easement. The temporary easement will not cost Buyer any purchase
amount until and unless the initial area is made a permanent easement. The Parties agree
that, once the final alignment for a permanent easement is established, Buyer will pay the
City for the area of the easement at a rate of Twenty Thousand Dollars ($20,000.00) per
acre or portion thereof. The Parties further agree that, consistent with Sections 10.2.3 and
10.2.4, that Buyer is responsible for any costs to benefit the Acquired Property not paid
by the County to relocate the storm water conveyance facility.
5. Earnest Money Deposit. On execution of this Agreement, Buyer shall deposit
with Escrow Agent One Thousand Dollars and No/100’s Dollars ($1,000.00) in cash (the
“Deposit”), which shall be held by Escrow Agent as an earnest money deposit hereunder.
The Deposit shall be held in Escrow and applied or disposed of by Escrow Agent as
provided herein. Escrow Agent shall place the Deposit in an interest-bearing account
approved by City and Buyer and all interest earned thereon shall be added to and become
a part of the Deposit.
6. Due Diligence.
6.1 Due Diligence Period. Buyer shall have the right for a period of ninety (90) days
from the date of this Agreement (the “Due Diligence Period”) to conduct Buyer’s due
diligence review, examination and inspection of all matters pertaining to its acquisition of
the Acquired Property, including such inspections, tests, and surveys as Buyer deems
appropriate to determine the suitability of the Acquired Property for Buyer’s intended
use. City shall provide Buyer and Buyer’s agents and consultants with reasonable access
to the Acquired Property and, to the extent such information is in the possession or
control of City, shall provide reasonable access to appropriate information respecting the
Acquired Property, subject to the terms and conditions of this Agreement. Buyer’s
obligation to purchase the Acquired Property shall be contingent upon its approval of
such property after conducting its due diligence review. If, based upon Buyer’s review,
examination and inspection, Buyer shall determine in its sole discretion that it intends to
acquire the Acquired Property, then Buyer shall promptly notify City of such
determination in writing prior to the expiration of the Due Diligence Period, whereupon
Buyer’s due diligence contingency shall be deemed satisfied and waived, the Deposit
shall become nonrefundable (except as otherwise provided herein), and Buyer shall
proceed to Closing. In the event that Buyer shall fail to have delivered such notice to
Buyer on or before the expiration of the Due Diligence Period, then this Agreement shall
ACT.D Page 57 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 4 of 16
automatically terminate, the Deposit shall be returned to Buyer, and Buyer’s rights under
this Agreement shall be of no further force or effect.
6.2 Reserved.
6.3 Title Commitment. Promptly after mutual execution of this Agreement, Seller
shall obtain an extended preliminary title insurance commitment covering the Acquired
Property from the Title Company (the “Commitment”) as is consistent with Section 9
together with copies of all recorded documents listed as special exceptions therein.
Approval by Buyer of the exceptions to title set forth in the Commitment (other than as
hereinafter set forth) shall be a condition precedent to Buyer’s obligation to purchase the
Acquired Property. Unless Buyer gives written notice that it disapproves the exceptions
to title shown on the Commitment (other than the exceptions to title approved by Buyer
and described in Section 6.4 below), stating the exceptions so disapproved, within sixty
(60) days after the date of this Agreement, Buyer shall be deemed to have approved such
exceptions. If Buyer disapproves any title exceptions, City shall have a ten (10) day
period after its receipt of Buyer’s written notice of disapproval of the same within which
to provide written notice to Buyer as to which of such disapproved title exceptions the
City will remove (or cause to be removed) from title; provided, however, that City shall
not be required to actually remove such exception(s) until Closing. If, for any reason,
City’s notice given pursuant to the immediately preceding sentence does not covenant to
remove all of Buyer’s disapproved title exceptions at or prior to Closing, Buyer shall
have the right to terminate this Agreement by written notice to City and Escrow Agent
given within ten (10) days after the earlier of the expiration of such ten (10) day period or
the date City informs Buyer that it does not intend to remove the disapproved items (the
“Termination Notice”). Buyer’s failure to deliver the Termination Notice within such ten
(10) day period shall be deemed Buyer’s approval of any such previously disapproved
title exception. If Buyer delivers the Termination Notice within such ten (10) day period,
the obligation of City to sell, and Buyer to buy, the Acquired Property as herein provided
shall terminate and the Deposit shall be returned to Buyer. Buyer shall have the option to
waive the condition precedent set forth in this Section 6.3 by written notice to Seller. In
the event of such waiver, such condition precedent shall be deemed satisfied.
6.4 Permitted Exceptions. In addition to such other exceptions to title as may be
approved by Buyer pursuant to the provisions of Section 6.3 above, Buyer shall accept
title to the Acquired Property subject to the following (collectively, the “Permitted
Exceptions”):
6.4.1 The printed exceptions which appear in the ALTA (Form 1970B) form extended
coverage owner’s policy of title insurance issued by Title Company in the State of
Washington; and items created by, or on behalf of, Buyer.
6.5 No New Leases or Contracts. Prior to Closing, City shall not enter into any new
leases, contracts or agreements affecting the Acquired Property without the prior written
consent of Buyer, except the City may enter into interim contracts or agreements in
ACT.D Page 58 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 5 of 16
connection with the management, maintenance, repair or preservation of the Acquired
Property in the normal course of business if each such contract or agreement expires or is
terminated at or prior to Closing.
7. Buyer’s Right of Entry. Buyer, and its agents and consultants, at Buyer’s sole
expense and risk, may enter the Acquired Property during the term of this Agreement at
reasonable times scheduled in advance with City for the purpose of Buyer’s due diligence
study of the Acquired Property. Buyer shall (a) exercise care at all times on or about the
Acquired Property, and (b) take precautions for the prevention of injury to persons or
damage to property on or about the Acquired Property. Buyer shall keep the Acquired
Property free from all mechanics’, materialmen’s and other liens, and all claims thereof,
arising from any work or labor done, services performed, or materials and supplies
furnished in with Buyer’s actions in the exercise of its right of entry on the Acquired
Property, and Buyer shall indemnify and defend City against and hold City harmless from
all such liens and claims. .
8. Closing.
8.1 Time for Closing. This purchase and sale shall be closed in the office of Escrow
Agent on the Closing Date. Buyer and City shall deposit in Escrow with Escrow Agent
all instruments, documents and monies necessary to complete the sale in accordance with
this Agreement. Funds held in reserve accounts pursuant to escrow instructions shall be
deemed, for purposes of this definition, as available for disbursement to City.
8.2 Closing Costs.
8.2.1 City Costs. City shall pay (a) the premiums for the standard coverage portion of
the Title Policy, including applicable sales tax, (b) one-half (½) of all escrow fees and
costs and, (c) City’s share of prorations, if any. This sale is exempt from real estate
excise taxes under Washington Administrative Code Section 458-61A-205.
8.2.2 Buyer’s Costs. Buyer shall pay (a) one-half (½) of all escrow fees and costs, (b)
the recording fees for the Deed, (c) Buyer’s share of prorations, if any, and (d) any
additional premium charged for extended coverage for the Title Policy and any additional
endorsements or coverage Buyer may require, including applicable sales tax.
8.2.3 Other Costs. Buyer and City shall each pay its own legal fees and fees of its own
consultants. All other costs and expenses shall be allocated between Buyer and City in
accordance with the customary practice of King County, Washington.
8.3 Real Property Taxation. City shall be responsible for all real property taxes due
and owing prior to the Closing.
8.4 Closing Documents.
ACT.D Page 59 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 6 of 16
8.4.1 City’s Documents. At Closing, City shall deliver to Escrow Agent the following
instruments and documents:
8.4.1.1 The executed and acknowledged Deed in the form attached hereto as
Exhibit “A,” conveying the Acquired Property to Buyer;
8.4.1.2 The executed real estate excise tax affidavit to accompany the Deed; and
8.4.1.3 An executed nonforeign person affidavit in the form required under
Section 1445 of the Internal Revenue Code.
8.4.2 Buyer’s Documents. At Closing, Buyer shall deliver to Escrow Agent the
following funds, instruments and documents:
8.4.2.1 The balance of the Purchase Price in accordance with Section 3;
8.4.2.2 The executed real estate excise tax affidavit referenced in Section 8.4.1.2
above.
8.5 Possession. Buyer shall be entitled to possession of the Acquired Property upon
Closing.
9. Title Insurance. As soon as available after Closing, City shall provide to Buyer
the Title Policy, dated as of the Closing Date, subject only to the Permitted Exceptions.
10. Conditions to Closing.
10.1 Buyer’s Conditions to Closing. Notwithstanding anything to the contrary set forth
herein, Buyer’s obligation to close hereunder is expressly subject to satisfaction or waiver
by Buyer in writing of each of the following conditions:
10.1.1 The City’s approval of the subdivision or boundary line adjustment of the Parcel
such that the Acquired Property can be recorded as a separate tax parcel or part of the
Buyer’s pre-existing parcel number 0621059002. As per 10.2.3 below, Buyer shall be
responsible for all costs in connection with the subdivision or boundary line adjustment.
10.1.2 The City’s designation of the Acquired Property as “surplus” and its authorization
to sell the Acquired Property.
10.1.3 The City’s approval of the redesignation of the Acquired Property from
Public/Quasi-Public to Moderate Density Residential on the City’s Comprehensive Plan
Map.
10.1.4 The City’s approval of a change in zoning of the Acquired Property From P1,
Public Use District to RMHC, Residential Manufactured/Mobile Home Community
ACT.D Page 60 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 7 of 16
District. Includes obtaining the Mayor’s signature on application, as property owner, if
applicable.
10.1.5 The City’s approval of the easement or easements for storm water conveyance as
described in Section 4.
10.2 City’s Conditions to Closing. Notwithstanding anything to the contrary set forth
herein, City’s obligation to close hereunder is expressly subject to satisfaction or waiver
by City in writing of each of the following conditions:
10.2.1 Buyer shall complete in accordance with all adopted City regulations and
standards and at its own cost, the processing of the aforementioned Comprehensive Plan
amendment request for the property.
10.2.2 Buyer shall complete in accordance with all adopted City regulations and
standards and its own cost, the process of a rezone application for the aforementioned
change in zoning designation for the property.
10.2.3 Buyer shall be responsible for all costs incurred in preparing, applying for and
processing a boundary line adjustment application including any required field survey
work, legal description documentation and recording of documents.
10.2.4 Buyer shall be responsible for all costs to benefit the Acquired Property not
covered by King County Flood Control District in relocating, if necessary, the storm
water outlet pipe described in Section 4 of this Agreement except for the land value of
the easement, which value is to be determined by Section 4.
11. Representations and Warranties.
11.1 City’s Representations and Warranties. In addition to any other representations or
warranties of City elsewhere in this Agreement, City represents and warrants to Buyer
now, and as of the Date of Closing, that:
11.1.1 Authority. City, and the person signing on behalf of City, has full power and
authority to execute this Agreement and perform City’s obligations hereunder, and all
necessary action to authorize this transaction has been taken, except as specifically
provided herein.
11.1.2 Hazardous Substances. City has not received notification of any kind from any
governmental agency suggesting that the Acquired Property is or may be targeted for a
Hazardous Substances cleanup; to the best of City’s knowledge the Acquired Property
has not been used (a) for the storage, disposal or discharge of oil, solvents, fuel,
chemicals or any type of toxic, dangerous, hazardous or biological waste or substance
(collectively, “Hazardous Substances”), or (b) as a landfill or waste disposal site; to the
best of City’s knowledge the Acquired Property has not been contaminated with any
ACT.D Page 61 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 8 of 16
Hazardous Substances; and to the best of City’s knowledge, there are no underground
storage tanks on the Acquired Property.
11.1.3 Other Rights. No person or entity has any right to lease or purchase any interest
in the Acquired Property or any part thereof.
11.2 Buyer’s Representations and Warranties. In addition to any other representations
and warranties of Buyer elsewhere in this Agreement, Buyer represents and warrants to
City now, and as of the Date of Closing, that (a) Buyer has full power to execute, deliver
and carry out the terms and provisions of this Agreement, and has taken all necessary
action to authorize the execution, delivery and performance of this Agreement; and (b)
the individual executing this Agreement on behalf of Buyer has the authority to bind
Buyer to the terms and conditions of this Agreement.
11.3 “AS IS” CONDITION OF PROPERTY. THE PURCHASE PRICE REFLECTS
THAT THE ACQUIRED PROPERTY IS BEING PURCHASED BY BUYER ON AN
“AS IS” “WHERE IS” AND “WITH ALL FAULTS” BASIS, EXCEPT TO THE
EXTENT OF REPRESENTATIONS AND WARRANTIES SPECIFICALLY MADE
BY SELLER HEREIN OR IN THE WARRANTY DEED OR OTHER DOCUMENTS
TO BE DELIVERED BY CITY AT CLOSING. BUYER HEREBY WAIVES AND
RELINQUISHES ALL RIGHTS AND PRIVILEGES ARISING OUT OF, OR WITH
RESPECT TO, ANY REPRESENTATIONS, WARRANTIES OR COVENANTS,
WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE BEEN MADE OR
GIVEN, OR WHICH MAY BE DEEMED TO HAVE BEEN MADE OR GIVEN, BY
CITY OR ITS REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO ANY
BROKER, EXCEPT FOR THOSE REPRESENTATIONS, WARRANTIES AND
COVENANTS SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENTS TO
BE EXECUTED AND DELIVERED BY CITY AT CLOSING.
EXCEPT TO THE EXTENT OF ANY REPRESENTATIONS OR WARRANTIES SET
FORTH ELSEWHERE IN THIS AGREEMENT OR IN ANY DOCUMENTS TO BE
EXECUTED AND DELIVERED BY CITY AT CLOSING, BUYER HAS NOT
RELIED UPON AND WILL NOT RELY UPON, AND CITY EXPRESSLY
DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO,
AND SHALL HAVE NO LIABILITY FOR: (I) THE CONDITION OF THE
ACQUIRED PROPERTY OR ANY BUILDINGS, STRUCTURES OR
IMPROVEMENTS LOCATED THEREON OR THE SUITABILITY THEREOF FOR
HABITATION, OCCUPANCY OR FOR BUYER’S INTENDED USE OR FOR ANY
USE WHATSOEVER; (II) ANY APPLICABLE BUILDING, ZONING OR FIRE
LAWS OR REGULATIONS OR WITH RESPECT TO COMPLIANCE THEREWITH
OR WITH RESPECT TO THE EXISTENCE OF OR COMPLIANCE WITH ANY
REQUIRED PERMITS, IF ANY, OF ANY GOVERNMENTAL AGENCY; (III) THE
AVAILABILITY OR EXISTENCE OF ANY WATER, SEWER OR UTILITIES, ANY
RIGHTS THERETO, OR ANY WATER, SEWER OR UTILITY DISTRICTS; (IV)
ACCESS TO ANY PUBLIC OR PRIVATE SANITARY SEWER SYSTEM; (V) THE
ACT.D Page 62 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 9 of 16
FACT THAT ALL OR A PORTION OF THE ACQUIRED PROPERTY MAY BE
LOCATED ON OR NEAR AN EARTHQUAKE FAULT LINE; OR (VI) EXCEPT AS
SPECIFICALLY SET FORTH ABOVE, THE PRESENCE OF ANY HAZARDOUS
SUBSTANCES IN ANY IMPROVEMENTS ON THE ACQUIRED PROPERTY,
INCLUDING WITHOUT LIMITATION ASBESTOS OR FORMALDEHYDE, OR
THE PRESENCE OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR
MATERIALS ON OR UNDER THE ACQUIRED PROPERTY. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, EXCEPT TO THE EXTENT OF ANY
REPRESENTATIONS OR WARRANTIES SET FORTH ELSEWHERE IN THIS
AGREEMENT OR IN ANY DOCUMENTS TO BE EXECUTED AND DELIVERED
BY CITY AT CLOSING, CITY SHALL HAVE NO LIABILITY TO BUYER WITH
RESPECT TO THE CONDITION OF THE ACQUIRED PROPERTY UNDER
COMMON LAW, OR ANY FEDERAL, STATE, OR LOCAL LAW OR
REGULATION, INCLUDING BUT NOT LIMITED TO THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980
AS AMENDED, 42 U.S.C.A. SECTIONS 9601 ET SEQ., AND THE WASHINGTON
MODEL TOXICS CONTROL ACT (“MTCA”), RCW 70.105D. BUYER HEREBY
RELEASES AND WAIVES ANY AND ALL CLAIMS WHICH THE BUYER HAS OR
MAY HAVE AGAINST CITY UNDER ANY OF THE FOREGOING LAWS OR
WITH RESPECT TO THE CONDITION OF THE ACQUIRED PROPERTY, EXCEPT
TO THE EXTENT OF ANY CLAIMS BUYER MAY HAVE ARISING FROM ANY
EXPRESS REPRESENTATIONS, WARRANTIES OR COVENANTS OF CITY
UNDER THIS AGREEMENT OR ANY DOCUMENTS TO BE EXECUTED AND
DELIVERED BY CITY AT CLOSING. BUYER ACKNOWLEDGES TO CITY THAT
BUYER IS GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY
INSPECT THE ACQUIRED PROPERTY AND BUYER ASSUMES THE
RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS,
INCLUDING SUCH DEFECTS AND CONDITIONS, IF ANY, THAT CANNOT BE
OBSERVED BY CASUAL INSPECTION, SUBJECT TO THE EXCEPTION OF
RIGHTS EXPRESSLY SET FORTH ABOVE.
BUYER: _______________ CITY: ________________
IF A PHASE I ENVIRONMENTAL SITE ASSESSMENT REPORT OR OTHER
ENVIRONMENTAL STUDY OR REPORT (COLLECTIVELY, THE "PHASE I
REPORT") HAS BEEN DELIVERED BY CITY TO BUYER, THEN, WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, BY CLOSING THE
TRANSACTION AS CONTEMPLATED HEREIN, BUYER AGREES THAT,
EXCEPT TO THE EXTENT EXPRESSLY CONTRARY TO ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS OF CITY SET FORTH IN
THIS AGREEMENT: (A) BUYER SHALL BE DEEMED TO HAVE ACCEPTED ALL
RISK ASSOCIATED WITH ADVERSE PHYSICAL CHARACTERISTICS AND
EXISTING ENVIRONMENTAL CONDITIONS THAT MAY OR MAY NOT HAVE
BEEN REVEALED BY CITY'S INVESTIGATION OF THE PHASE I REPORT, AND
(B) AS BETWEEN CITY AND BUYER, BUYER SHALL BE DEEMED TO HAVE
ACT.D Page 63 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 10 of 16
ACCEPTED ALL COSTS AND LIABILITIES ASSOCIATED IN ANY WAY WITH
THE PHYSICAL AND ENVIRONMENTAL CONDITION OF THE ACQUIRED
PROPERTY. BUYER ACKNOWLEDGES AND AGREES THAT CITY MAKES NO
REPRESENTATIONS OR WARRANTIES REGARDING THE TRUTH, ACCURACY
OR THOROUGHNESS OF THE INVESTIGATION, PREPARATION OR CONTENT
OF THE PHASE I REPORT, OR THE COMPETENCE OR ABILITY OF THE
PERSONS OR COMPANIES PREPARING SUCH REPORT. BUYER AGREES
THAT, BY CLOSING THE TRANSACTION CONTEMPLATED HEREIN, BUYER
WILL HAVE HAD AN OPPORTUNITY TO REVIEW THE ABOVE REPORT PRIOR
TO THE CLOSING DATE IN ORDER TO MAKE AN INDEPENDENT
VERIFICATION OF THE INFORMATION CONTAINED THEREIN, AND THAT
BUYER AND ITS ENVIRONMENTAL CONSULTANTS WILL HAVE HAD AN
OPPORTUNITY TO CONDUCT TESTS ON THE ACQUIRED PROPERTY.
12. Maintenance of Property; Risk of Loss, Condemnation.
12.1 Maintenance of Property. From the date of this Agreement until the Closing Date
(or any earlier termination of this Agreement), City agrees to maintain the Acquired
Property in substantially the same condition existing as of the date hereof, ordinary wear
and tear, damage by casualty excepted.
12.2 Risk of Loss; Condemnation. Risk of loss of or damage to the improvements on
the Acquired Property shall be borne by Seller at all times and no event of casualty or
damage shall affect the parties’ obligations hereunder or the Purchase Price, however,
Buyer shall have the right to receive any insurance proceeds due City in connection with
any casualty or damage and City hereby covenants to maintain commercially reasonable
casualty insurance in place with respect to the Acquired Property at all times prior to
Closing. City shall promptly notify Buyer of any condemnation or eminent domain
proceeding which affects the Acquired Property, and City covenants and agrees not to
commence or pursue any such action. In the event of any condemnation or eminent
domain proceeding by any entity other than City, or a deed in lieu or under threat thereof,
which affects a material portion of the Acquired Property, Buyer may elect either to
terminate this Agreement, or to purchase the Acquired Property in the condition existing
on the Closing Date without adjustment of the Purchase Price. If Buyer elects to
terminate this Agreement, the Deposit shall be returned to Buyer. If Buyer elects to
purchase the Acquired Property, City shall not be liable to restore same, and Buyer shall
be entitled to any condemnation award or payment in lieu thereof payable to City in its
capacity as the owner thereof.
13. Default.
13.1 Time of Essence. Time is of the essence of this Agreement.
13.2 City’s Remedies for Buyer’s Default and Failure to Close. If Buyer fails, without
legal excuse, to complete the purchase of the Acquired Property in accordance with this
ACT.D Page 64 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 11 of 16
Agreement, City’s sole and exclusive remedy shall be to retain the Deposit as liquidated
damages. Buyer expressly agrees that the retention of the Deposit by City represents a
reasonable estimation of the damages in the event of Buyer’s default and failure to close
hereunder, that actual damages may be difficult to ascertain and that this provision does
not constitute a penalty. In this respect, Buyer and City acknowledge that these damages
have been specifically negotiated between Buyer and City and are, inter alia, to
compensate City for delaying the eventual sale of the Acquired Property and to
compensate City or its costs and expenses associated with this Agreement. Buyer hereby
waives the rights and benefits of any law, rule, regulation or order now or hereafter
existing that would allow Buyer to claim a refund of the Deposit as unearned earnest
money, a penalty or for any other reason except default by City.
13.3 Buyer’s Remedies for City’s Default. If City fails to complete the sale of the
Acquired Property in accordance with this Agreement, Buyer shall have and may enforce
the following exclusive remedies: (a) seek specific performance; (b) terminate this
Agreement, receive a refund of the Deposit and recover from City all of Buyer’s actual
third-party costs and expenses incurred by it in connection with the transaction and the
Project; or (c) seek rescission of this Agreement and receive a refund of the Deposit.
14. Notices. All notices, demands and other communications required or permitted to
be given hereunder shall be in writing, and shall be sent by personal delivery (including
by means of professional messenger or courier service) or registered or certified mail,
postage-prepaid, return-receipt requested. Notice shall be deemed to have been given if
personally delivered, upon receipt, and if sent by mail, two (2) days after duly deposited
in the U.S. Mail. The parties’ respective addresses for notices are as follows:
If to City: City of Auburn
Planning and Development Department
25 West Main Street
Auburn, WA 98001-4998
Attn: Planning Director
With copies to: City Attorney’s Office
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Attn: City Attorney
If to Buyer: Dean J. Moser, Managing Director
River Mobile Estates
P.O. Box 7, Novato, CA 94948
7250 Redwood Blvd. #350, Novato, CA 94945
deanm@hcamgmt.com
ACT.D Page 65 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 12 of 16
With copies to: Dan DeLue
Ferring and DeLue
600 Stewart Street Suite 1115
Seattle, WA 98101
Daniel DeLue [dan@ferringdelue.com]
Notice of change of address shall be given by written notice in the manner detailed in this
Section 14.
15. General.
15.1 Entire Agreement This is the entire agreement of Buyer and City with respect to the
matters covered hereby and supersedes all prior agreements between them, written or
oral. This Agreement may be modified only in writing, signed by Buyer and City. Any
waivers hereunder must be in writing. No waiver of any right or remedy in the event of
default hereunder shall constitute a waiver of such right or remedy in the event of any
subsequent default. This Agreement shall be governed by the laws of the State of
Washington. Venue for disputes under this agreement shall lie with the Superior Court of
King County, Washington.
15.2 No Third Party Beneficiaries/Severability. This Agreement is for the benefit only of
the parties hereto and shall inure to the benefit of and bind the heirs, personal
representatives, successors and permitted assigns of the parties hereto. The invalidity or
unenforceability of any provision of this Agreement shall not affect the validity or
enforceability of any other provision hereof. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
15.3 Post-closure responsibilities. The requirements of this Section 15.3 shall survive
closing. Additionally, all remedies available under this Agreement shall remain available
until the conditions of this Section 15.3 are completed.
15.3.1 Buyer shall, within 30 of closing, prepare and submit applications for construction
approvals for physically relocating existing stormwater facilities and water lines that may
exist within the area of the purchase and to extinguish any associated easements.
15.3.2 Buyer shall, within 120 days of closing, so long as the construction application is
approved, accomplish any relocating existing stormwater facilities and water lines that
may exist within the area of the purchase and to extinguish any associated easements.
15.3.3 The City shall give Buyer credit for existing utility connections when calculating
fees to the new homes being constructed as follows: Buyer shall be entitled to a one-for-
one credit for equivalent replacement water & sanitary sewer connections. If the capacity
ACT.D Page 66 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 13 of 16
or the number of new connections is greater than that of the connections being replaced,
Buyer shall be responsible for the extra capacity or the extra number of connections.
Buyer shall also be responsible for the City’s permit fees for all of the additional
connections related to improvements on the project. For Storm, the city will credit
SDC’s for existing impervious surface. The mobile park will only be charged SDC’s for
those impervious surfaces greater than existing conditions at the time of storm permit
application.
16. Commissions. City represents to Buyer that City has engaged no broker, agent or
finder in connection with the negotiations leading to this Agreement. Buyer represents to
City that Buyer has not engaged or in any way dealt with any broker, agent or finder in
connection with the negotiations leading to this Agreement. Each party hereby agrees to
indemnify, defend and hold the other party harmless from and against any claims for
broker’s, agent’s, or finder’s fees or commissions arising from or through the actions of
the indemnifying party.
17. Attorneys’ Fees. In the event suit or action is instituted to interpret or enforce the
terms of this Agreement, the prevailing party therein shall be entitled to recover from the
other party such sum as the Court may adjudge reasonable as attorneys’ fees, including
fees incurred at trial, on any appeal and in any petition for review.
18. Exclusivity. During the term of this Agreement City shall not market nor list the
Acquired Property for sale, nor accept any offers from third parties with respect to sale of
the Acquired Property.
19. Reservation of Police Power. Notwithstanding anything to the contrary set forth
herein, Buyer understands and acknowledges that the City’s authority to exercise its
police (regulatory) powers in accordance with applicable law shall not be deemed limited
by the provisions of this Agreement.
20. City Council Approval. The Buyer acknowledges that this Agreement does not
bind the City of Auburn until the City Council approves of the purchase Agreement and
the Mayor executes the Agreement.
21. Exhibits. Exhibits “A” and “B”, ___, ____, attached hereto are incorporated
herein as if fully set forth.
ACT.D Page 67 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 14 of 16
SIGNED in duplicate original as of the date first above written.
CITY OF AUBURN THE RIVER, A CALIFORNIA
GENERAL PARTNERSHIP, d/b/a
RIVER MOBILE ESTATES
________________________________ By _____________________________
Peter B. Lewis, Mayor
Name___________________________
Attest:
Title ____________________________
________________________________
Danielle Daskam, City Clerk
Approved as to form:
________________________________
Daniel B. Heid, Auburn City Attorney
EXHIBITS
Exhibit A, Warranty Deed
Exhibit B, Easements
Exhibit C, Storm water drainage easement for a below grade storm water outlet
pipe across City Storm Utility Owned Property
ACT.D Page 68 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 15 of 16
Return Address:
City of Auburn
City Clerk
25 West Main
Auburn, WA 98001
Above this line reserved for recording information.
WARRANTY DEED
Reference # (if applicable): N/A
Grantor/Borrower: City of Auburn
Grantee/Assignee/Beneficiary: The River, a California General Partnership, d/b/a The
River Mobile Estates
Legal Description/STR:
Assessor’s Tax Parcel ID#:
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good
and valuable consideration, receipt of which is hereby acknowledged, Grantor, the CITY
OF AUBURN, a municipal corporation of the State of Washington, hereby conveys and
warrants to THE RIVER, a California General Partnership d/b/a RIVER MOBILE
ESTATES, Grantee herein, its successors and assigns, the property legally described and
depicted in Exhibit “A,” attached hereto and incorporated herein by this reference (the
“Acquired Property”).
For and in consideration hereof, THE PARTIES HERETO FURTHER AGREE as
follows:
IN WITNESS WHEREOF, the parties have caused this instrument to be executed
by its proper officer(s) this _____ day of ______________, 2013.
Grantee: Grantor:
The River, d/b/a River Mobile
Estates.
The City of Auburn
By: ______________________________ By:__________________________________
Its: Managing Director
Date Signed: ______________________
Its: Mayor
Date Signed: __________________________
ACT.D Page 69 of 254
City of Auburn/River Mobile Estates Agreement
1.29.13
Page 16 of 16
STATE OF _______________ )
)ss.
County of ________________ )
I certify that I know or have satisfactory evidence that _____________________________ is the
person who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledged it as the
of The River, a California General Partnership, d/b/a River Mobile Estates,
to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument.
Dated _______________________
_________________________________________
_________________________________________
Notary Public in and for the State of ___________
STATE OF WASHINGTON ) residing at
)ss. My appointment expires
County of King )
I certify that I know or have satisfactory evidence that _____________________________ is the
person who appeared before me, and said person acknowledged that he/she signed this instrument, on
oath stated that he/she was authorized to execute the instrument and acknowledged it as the
of the City of
Auburn, a Washington municipal corporation, to be the free and voluntary act of such party for the
uses and purposes mentioned in this instrument.
Dated _______________________
_________________________________________
_________________________________________
Notary Public in and for the State of ___________
residing at
My appointment expires
ACT.D Page 70 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Electrical Fence Code Change
Date:
February 5, 2013
Department:
Planning and Development
Attachments:
Memorandum
Attachment A
Attachment B
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Councilmember:Backus Staff:Tate
Meeting Date:February 11, 2013 Item Number:DI.A
AUBURN * MORE THAN YOU IMAGINEDDI.A Page 71 of 254
MEMORANDUM
TO: Councilmember Nancy Backus, Chair, Planning and Community Development
Committee
Councilmember John Holman, Vice Chair, Planning and Community
Development Committee
Councilmember Largo Wales, Planning and Community Development
Committee
CC: Mayor Lewis
FROM: Jeff Tate, Development Services Manager, Planning and Development
Department
DATE: February 11, 2013
RE: DISCUSSION AND INFORMATION: Discussion of the City’s position on
allowing electrically charged fences
Background
The City has received a request to re-evaluate the existing language of Chapter 8.12 of the
Auburn City Code which designates electric fences as a public nuisance. Electric fences
were first designated as a public nuisance under city code in 1957. Since that time, there
have been several advancements in technology and industry practice that have caused most
jurisdictions to allow electric fences subject to conditions. Conditions typically focus on
minimizing the likelihood of accidental contact and techniques that minimize harm to
humans in instances where accidental contact occurs.
Description of Technology and Techniques
Regulatory Oversight – The State Department of Labor and Industries (L&I) requires
electrical permits and inspections for all electric fences. Upon verification from L&I and
permitting agencies from Tacoma, Seattle, Kent, and Federal Way property owners wishing
to install electric fences must obtain electrical permits and inspections. L&I did not offer
any negative opinions or feedback with respect to potential danger associated with
electrical fences. Additionally, federal standards have been established that define
specifications for electrical fences (e.g. International Electro technical Commission (IEC)
Standard No. 60335-2-76).
Non-electrified exterior fence – A common industry practice is to install an uncharged
fence exterior to the charged fence so that incidental contact by people or animals is
eliminated. Typically, the uncharged fence is placed approximately 4 inches from the
charged fence. This distance not only eliminates incidental contact it also prevents an
individual from scaling the uncharged fence and getting stuck between the two fences.
Pulsating charges – Another common practice is to employ pulsating charges rather than
maintaining a continuous charge. Generally, the power source sends a single pulse through
DI.A Page 72 of 254
the fence system at a rate of one pulse every 1 to 1.2 seconds. The duration of each pulse is
measured in thousandths of a second. Split second pulses are intended to provide a short
burst of energy that is intended to scare an intruder rather than inflict bodily harm. The
power source for many modern electric fences further limits the duration of electrical
pulses because they are run by low voltage batteries (12 volt DC) that don’t have the
capability to run a continuous charge.
Signage – Industry standards dictate that electric fences are adequately signed so that
humans are informed that the fence is charged and that contact should be avoided. Signage
is typically provided in both English and Spanish and placed upon the non-charged fence at
an appropriate defined distance between signs.
Other Factors – Additional safeguards are typically employed to reduce accidental
exposure to electric fences. For example, electrical fences consist of horizontal wires that
span from pole to pole. The lowest wire is not charged in order to avoid contact with snow
that may accumulate and to eliminate power arcing when someone is standing in a puddle
that is in close proximity to the fence.
Overview of Other Jurisdictions
Renton – electric fences are allowed within zoning designations that permit warehousing,
manufacturing, and industrial uses.
Kent – specific standards have been established that regulate all types of fencing. While
certain types of fences are prohibited, e.g. razor wire, electric fences are not listed as a
prohibited use and are therefore allowed.
Puyallup – electric fences are allowed outright
Sumner – electric fences are allowed outright
Options
1. Maintain existing code language that precludes electric fences in all zones except
Rural Residential.
2. Amend City Code to allow electric fences in other zoning designations subject to
the following types of limitations:
a. By zoning designation, e.g. C-3, M-1
b. By use, e.g. warehouse, manufacturing, commercial
c. By type of electric fence, e.g. maximum voltage, pulsating vs. continuous
DI.A Page 73 of 254
Attachment A
(Existing City Code – ACC 8.12.060)
DI.A Page 74 of 254
8.12.060 Structures and buildings as nuisances.
A. It is a public nuisance to have a fence or similar structure with any barbed wire, razor wire or
similar wire located within five feet of any public sidewalk unless the barbed wire, razor wire or
similar wire is located at a height greater than eight feet above the ground. It is provided,
however, that any fence legally constructed and installed before April 12, 2003, shall be exempt
from the provisions hereof, so long as any barbed wire, razor wire or similar wire on or affixed to
the fence is located at a height of not less than six feet, and so long as no barbed wire, razor wire
or similar wire on the fence projects beyond or intrudes past the boundary of the property on
which the fence or similar structure is located. It is also a public nuisance to have any fence
charged with electricity in any amount whatsoever; provided, that electric fences may be
permitted in the R-R rural residential zones where the electrical charge of such electric
fences is noncontinuous and the electric fence controller has been approved by the
Underwriter Laboratories (U.L.) or meets the testing standards of the Underwriter
Laboratories. It is further provided that electric fences in such R-R rural residential zones
which abut any public street or right-of-way shall include signs of not less than 30 square
inches in size posted at least every 50 feet on the fence, stating that the fence is charged
with electricity.
DI.A Page 75 of 254
Attachment B
(Model Ordinance – As Provided by Customer)
DI.A Page 76 of 254
MODEL ELECTRIC FENCE ORDINANCE
A. The construction and use of electric fences shall be allowed in the city only as provided in
this section, subject to the following standards:
1. Electrification:
(a) The energizer for electric fences must be driven by a commercial storage battery
not to exceed 12 volts DC. The storage battery is charged primarily by a solar
panel. However the solar panel may be augmented by a commercial trickle
charger.
(b) The electric charge produced by the fence upon contact shall not exceed energizer
characteristics set forth in paragraph 22.108 and depicted in Figure 102 of
International Electro technical Commission (IEC) Standard No. 60335-2-76.
2. Perimeter fence or wall:
(a) No electric fence shall be installed or used unless it is completely surrounded by a
non-electrical fence or wall that is not less than six feet.
3. Location: Electric fences shall be permitted on any non-residential outdoor storage areas.
4. Height: Electric fences shall have a height of 10 feet.
5. Warning signs: Electric fences shall be clearly identified with warning signs that read:
"Warning-Electric Fence" at intervals of not less than sixty feet.
6. Electric fences shall be governed and regulated under burglar alarm regulations and
permitted as such.
B. It shall be unlawful for any person to install, maintain or operate an electric fence in violation
of this section.
DI.A Page 77 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Shared Student Rental Housing
Date:
February 7, 2013
Department:
Planning and Development
Attachments:
Memorandum
Attachment A - August 4, 2011
Memorandum to PCDC
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:February 11, 2013 Item Number:DI.B
AUBURN * MORE THAN YOU IMAGINEDDI.B Page 78 of 254
Memorandum
TO: Nancy Backus, Chair, Planning and Community Development Committee
John Holman, Vice Chair, Planning and Community Development Committee
Largo Wales, Member, Planning and Community Development Committee
FROM: Kevin Snyder, AICP, Planning and Development Director
DATE: February 4, 2013
RE: DISCUSSION ITEMS: Shared Student Rental Housing
Purpose:
In August 2011, the Planning and Community Development Committee, in response to an
individual request, discussed the concept of a Student Home Share Ordinance (Attachment A).
This concept pertained to potential changes in current City code to provide greater flexibility for
student rental housing in and around Green River Community College. At the conclusion of its
discussion on this matter, the Planning and Community Development Committee, decided to not
move forward with any legislative to modify zoning code regulations that would have supported
the implementation of the proposed concept or something similar.
Recently, the City met with residents of a neighborhood located in proximity to Green River
Community College. At this meeting, the issue of student housing was raised by several
neighborhood residents. At the request of Mayor Lewis and Deputy Mayor Backus, staff is
bringing this issue to the Planning and Community Development Committee for discussion.
Background:
Auburn City Code (ACC) 18.04.360 defines a family to mean a person living alone, two or more
persons related by blood or marriage, or a group of eight or fewer residents who are not related
by blood or marriage customarily living together as a single housekeeping unit and using
common cooking facilities, as distinguished from a group occupying a hotel, club,
boardinghouse or lodging house. For the purposes of this definition, minors living with a parent
shall not be counted as part of the maximum number of residents.
ACC 18.07.020/Table 18.07.020 specifies that the renting of rooms1 for lodging purposes only,
to accommodate not more than two persons in addition to the immediate family is a permitted
use in all single-family and multiple family zoning districts and that boarding houses2 are
1 ACC 18.04.794 defines Renting of Rooms to mean the provision of rooms for lodging purposes to not
more than two persons in addition to the family who lives in the residence.
2 ACC 18.04.180 defines a Boardinghouse to mean any dwelling in which three or more persons, either
individually or as families, are housed or lodged for hire with or without meals. A roominghouse or a
furnished-room house is a boardinghouse.
DI.B Page 79 of 254
prohibited in all single-family zoning districts and are a conditional use in all multiple family
zoning districts.
Code compliance staff, in response to submitted complaints, has previously conducted a limited
number of code compliance actions to address compliance to the current zoning regulations
specified above.
Discussion
Staff has not conducted substantive field analysis to determine the current scope of student
rental housing in and around Green River Community College, but believes there may be a
significant amount of said housing in use, and that a large number of these housing situations
may be inconsistent with currently adopted zoning regulations. Staff is concerned that there may
be a number of illegal conversions of garages and other portions of houses that may not comply
with adopted building and fire codes and that could present potential future life, health and
safety issues.
While not taking any position on this issue, staff believes that any changes in current zoning
regulations to provide for increased flexibility and opportunity to legally offer student rental
housing needs to be a coordinated effort between the City, Green River Community College and
the neighbors to insure that all relevant interests are represented and heard. Further, staff is
concerned that without more controls over how, where and under what conditions student rental
housing occurs, there will be continued to be illegal uses of property that are not in compliance
with applicable codes and thus will impact public health and safety. In this vein, the City will
likely only be able to continue in a code compliance response mode based on received
complaints that may not effectively address public health and safety concerns.
Staff believes that there are a myriad of issues surrounding student rental housing that need to
be worked through. For example, what is the maximum number of students that should be
allowed to live together? Also, what “codes of conduct” should be implemented to insure that
neighbors and neighborhoods are not negatively impacted? What is and/or should be the role of
Green River Community College in any sort of student rental housing program implementation
and monitoring? Another issue is whether any sort of allowances should be geographically
limited (e.g. student rental housing allowances applicable no more than 0.5 from the campus
boundaries of Green River Community College).
The following are questions to assist the Committee in its discussion:
1. Does the Committee have any questions or need additional information?
2. Does the Committee believe that the City should provide allowances for student rental
housing in and around Green River Community College?
3. What are the Committee’s ideas, issues or concerns regarding possible changes in current
zoning regulations to allow for student rental housing?
4. What next steps, if any, does the Committee want staff to engage in regarding this matter?
Attachments:
Attachment A – August 4, 2011 Memorandum to Planning and Community Development
Committee Regarding Student Home Share Concept
DI.B Page 80 of 254
ATTACHMENT A
DI.B Page 81 of 254
Page 1 of 3
Memorandum
To: Councilmember Lynn Norman, Chair, Planning and Community Development
Committee
Councilmember Nancy Backus, Vice- Chair, Planning and Community Development
Committee
Councilmember John Partridge, Member, Planning and Community Development
Committee
From: Kevin Snyder, AICP, Director of Planning and Development
cc: Mayor Pete Lewis
Date: August 4, 2011
Re: AUGUST 8, 2011 DISCUSSION & INFORMATION ITEM: Student Home Share
Ordinance Concept
Background
Staff was recently contacted by an individual named Kathy Eades concerning the concept of
Student Home Share (refer to Exhibit 1), specifically for the neighborhoods surrounding
Green River Community College. Following several conversations with this individual and
consultation with Chair Norman and Mayor Lewis, staff is bringing this issue to the
Committee for discussion and direction.
Auburn City Code (ACC) 18.04.360 defines a family to mean a person living alone, two or more
persons related by blood or marriage, or a group of eight or fewer residents who are not related
by blood or marriage customarily living together as a single housekeeping unit and using
common cooking facilities, as distinguished from a group occupying a hotel, club, boardinghouse
or lodging house. For the purposes of this definition, minors living with a parent shall not be
counted as part of the maximum number of residents.
ACC 18.07.020/Table 18.07.020 specifies that the renting of rooms 1 for lodging purposes
only, to accommodate not more than two persons in addition to the immediate family is a
permitted use in all single-family and multiple family zoning districts and that boarding
1 ACC 18.04.794 defines Renting of Rooms to mean the provision of rooms for lodging purposes to not more
than two persons in addition to the family who lives in the residence.
DI.B Page 82 of 254
Page 2 of 3
houses 2 are prohibited in all single-family zoning districts and are a conditional use in all
multiple family zoning districts.
In her e-mail, Mrs. Eades refers to regulations from the Cities of Renton and Maple Valley.
The code related numbers specified in her e-mail correspond to these jurisdictions’ definition
of family, specifically the number of unrelated individuals. Staff reviewed a sampling of the
regulations of other jurisdictions in the Puget Sound. These jurisdictions’ definitions of
families specified numbers for unrelated individuals ranging from 3 to 9.
The City of Auburn previously made a policy decision to place a limitation in its single-family
and multi-family zoning districts on the permitted nature of renting of rooms by specifying the
number of individuals that can rent a room and requiring that the immediate family be
present. Staff did not identify this requirement in other cities’ regulations that we reviewed.
Staff reviewed the zoning and land use regulations of other college/university oriented
communities in Washington State including the Cities of Bellingham, Cheney, Ellensburg,
Pullman, Spokane and Tacoma. These jurisdictions all regulate under the auspices of the
number of unrelated family members living together; none of them limited the renting of
rooms and required the presence of immediately family. Staff also conducted a limited
search and review of regulations of other college oriented cities in other parts of the country
and found no specific language addressing student housing. In some of these communities,
however, staff noted that there were public conversations or policy considerations under
way to potentially reduce the authorized number of unrelated individuals living together in
response to impacts of student living arrangement in residential neighborhoods adjacent to
the colleges or communities.
Potential Policy Considerations
There are several potential policy considerations for the Committee and Council to consider
on this issue. They include:
1. Retain the existing code language pertaining to the renting of rooms; or,
2. Remove the existing code language pertaining to the renting of rooms – in this instance,
the City would regulate under the allowances of the family designation; or,
3. Modify the existing code language to not require the presence of the immediate family
and increase the number of unrelated individuals that can live together; or,
4. Pursue the development of new City code addressing student home share living
situations that may or may not incorporate some or all of the suggestions proposed by
Mrs. Eades.
2 ACC 18.04.180 defines a Boardinghouse to mean any dwelling in which three or more persons, either
individually or as families, are housed or lodged for hire with or without meals. A roominghouse or a
furnished-room house is a boardinghouse.
DI.B Page 83 of 254
Page 3 of 3
Questions
To assist the Committee in its discussion on this matter, staff offers the following questions:
A. What are the Committee’s general thoughts and perceptions for this issue?
B. Which of the policy options, if any, does the Committee want staff to focus on?
C. If the Committee is interested in policy option no. 4, does the Committee want to limit the
geographic focus of the potential new code to the residential areas surrounding Green
River Community College only?
D. If the Committee is interested in pursuing policy option no. 4, does the Committee
concur with staff’s assessment that a substantive public involvement effort should be
conducted to gather citizen input, issues and concern?
E. What other information needs or questions does the Committee have on this matter?
DI.B Page 84 of 254
DI.B Page 85 of 254
DI.B Page 86 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Multi-Family Park Impact Fee for Downtown Urban Center
and Economic Development Strategy Areas
Date:
February 7, 2013
Department:
Planning and Development
Attachments:
PowerPoint
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached Park Impact Fee PowerPoint.
Reviewed by Council Committees:
Councilmember:Backus Staff:Faber
Meeting Date:February 11, 2013 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 87 of 254
|City of Auburn
Multi Family & Downtown
Rate Analysis
PCD Committee
February 11 , 2013
DI.D Page 88 of 254
Legal Requirements
RCW 82.02.050: “The impact fees:
a)Shall only be imposed for system improvements
that are reasonably related to the new
development;
b)Shall not exceed a proportionate share of the
costs of system improvements that are
reasonably related to the new development; and
c)Shall be used for system improvements that will
reasonably benefit the new development.”
DI.D Page 89 of 254
Legal Requirements
RCW 82.02.070:
1)“Impact fee receipts shall be earmarked specifically
and retained in special interest-bearing accounts.”
2)“Impact fees for system improvements shall be
expended only in conformance with the capital
facilities plan element of the comprehensive plan.”
3)“Impact fees shall be expended or encumbered for
a permissible use within ten years of receipt, unless
there exists an extraordinary and compelling reason
for fees to be held longer than ten years.”DI.D Page 90 of 254
Fee Calculation Methods
There are two ways to calculate impact fees:
•Achieving a target outcome ratio, or
•Maintaining existing level of service
The City’s existing park impact fees
were based on maintaining the
existing level of service for each park type.
DI.D Page 91 of 254
Existing Calculation Approach
•Existing level of service method
•# of acres by park type ÷ population = acres/pop.
DI.D Page 92 of 254
PARKS IMPACT FEES
$3,500
Barrier Free Playground
Existing Fee Per Dwelling
DI.D Page 93 of 254
PARKS IMPACT FEES
Examples of 2 tiered Impact Fees
SF MF MF-Dwntn
Issaquah $6998 $4408
Olympia $4995 $3366 $2574*
Bellingham $3846 $2818
Kirkland $3949 $2583
*Downtown Multi-Family
DI.D Page 94 of 254
PARKS IMPACT FEES
•$3,500 Current Dwellings
Based on 2.49 average occurrence per unit
•$2,909 Per Unit Multi Family
Based on 2.07 average occurrence per unit
Parks Impact Fees (with discount)
w/Multi Family Downtown
w/Multi Family City Wide
DI.D Page 95 of 254
Impact Fee Discussion
PARKS IMPACT FEES
Current Fee Fee of % of
Household Percent Change
Single Family $3,500 $3,500 0%
Multi-Family Downtown $3,500 $2,909 -17%
DI.D Page 96 of 254
PARKS IMPACT FEES
Parks Impact Fees for Other Jurisdictions
City SFR Fee Population
Sequim $1,975.00 5,830
Ridgefield $1,933.09 4,370
Fife $1,700.00 8,210
Oak Harbor $1,673.00 23,420
Gig Harbor $1,500.00 7,520
Marysville $1,251.00 58,040
Everson $1,200.00 2,305
Woodland $1,116.00 5,250
Winlock $1,112.00 1,370
Lynden $936.00 11,850
Coupeville $870.00 1,890
Mount Vernon $855.00 31,020
Orting $830.00 6,245
Stanwood $640.80 5,705
Anacortes $615.00 16,800
Renton $530.76 86,230
Poulsbo $500.00 8,920
Eatonville $400.00 2,405
City SFR Fee Population
Issaquah $6,604.99 27,160
Olympia $5,000.00 45,500
Bellingham $4,808.35 77,550
Monroe $4,579.45 16,680
Duvall $4,068.00 5,990
Carnation $4,000.00 1,915
Kirkland $3,845.00 49,620
Tumwater $3,726.86 16,770
Auburn $3,500.00 68,270
Sultan $3,175.00 4,570
Bonney Lake $2,985.00 16,690
Edgewood $2,939.00 9,625
Sammamish $2,605.82 41,070
Roy $2,372.00 860
Lake Stevens $2,363.00 26,670
Camas $2,290.00 17,210
La Center $2,042.00 2,575
Mountlake Terrace $2,026.00 20,960
DI.D Page 97 of 254
PARKS IMPACT FEES
•Park Board Discussion
•2nd Committee Discussion
•City Council Review
Next Steps
DI.D Page 98 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
King County Countywide Planning Policies Adoption
Date:
February 5, 2013
Department:
Planning and Development
Attachments:
Memorandum
Attachment A - Amended King County
Countywide Planning Policies
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder/Chamberlain
Meeting Date:February 11, 2013 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 99 of 254
Memorandum
TO: Nancy Backus, Chair, Planning and Community Development Committee
John Holman, Vice Chair, Planning and Community Development Committee
Largo Wales, Member, Planning and Community Development Committee
FROM: Kevin Snyder, AICP, Planning and Development Director/Elizabeth Chamberlain,
AICP, Planning Manager
DATE: February 4, 2013
RE: DISCUSSION ITEMS: King County Countywide Planning Policies
Purpose:
The City of Auburn received notification of amendments to the King County Countywide
Planning Policies in late December 2012 for the City’s consideration and possible ratification
(Attachment A). The Metropolitan King County Council approved the amended Countywide
Planning Policies on December 3, 2013. As noted in the transmittal letter, Countywide Planning
Policies FW-1, Step 9, amendments to the Countywide Planning Policies become effective
when ratified by ordinance or resolution by at least 30 percent of the city and county
governments representing 70 percent of the population of King County. The transmittal letter
further states that a city will be deemed to have ratified the Countywide Planning Policies
amendments unless within 90 days it takes legislative action to disapprove the amendments.
The transmittal letter further states that the deadline for receipt of any legislation by a local
government pertaining to the amendments is March 4, 2013.
The primary purpose of the discussion is to determine if the Committee, acting in its capacity as
the key Council subcommittee for land use planning, has any issues or concerns regarding the
proposed amendments and whether any legislative action to disapprove is necessary.
Background:
The following information is excerpted from the King County Countywide Planning Policies web
page:
The Countywide Planning Policies (CPPs) are required by the Growth Management Act (GMA)
in Washington State and provide a countywide framework to coordinate local comprehensive
plans. Originally drafted in the early 1990’s, the CPPs described a vision for the county for the
1992-2012 planning period. The CPPs established a framework for the initial round of local
comprehensive plans (required by GMA) that were adopted in the mid-1990s.
DI.E Page 100 of 254
The Countywide Planning Policies or CPPs are a series of policies that address growth
management issues in King County. The Growth Management Planning Council (GMPC) is a
formal body consisting of elected officials from King County, Seattle, Bellevue, other cities and
towns in King County and special districts. GMPC is charged with the creation and maintenance
of the CPPs by recommending policies for adoption by the King County Council and ratification
by all jurisdictions. Staff to the GMPC is working collaboratively to provide the GMPC with
policies for consideration.
In April 2008, the Puget Sound Regional Council General Assembly adopted VISION 2040 and
revised Multicounty Planning Policies (MPPs). A key feature of VISION is the Regional Growth
Strategy—a pattern of preferred growth in the region that modifies growth assumptions in King
County by focusing growth in cities based on their size and function within the region. The
strategy directs growth within the existing Urban Growth Area to maintain current rural and
resource lands into the future. The CPPs will promote this pattern of growth and provide the
policy basis for King County jurisdictions as they update their comprehensive plans.
Also, the CPPs will support the VISION approach to strengthen ―the region’s economic, social,
and environmental resiliency, while enhancing our ability to cope with adverse trends, including
the challenges associated with climate change. Other new topics and areas that are covered in
the update of the CPPS include: a) planning for healthy communities; b) planning for a
transportation system that enables safe access for all users; c) climate change; d) equity and
social justice considerations. In addition, other reasons for updating the Countywide Planning
Policies include revised population, housing and employment growth targets in King County and
the region; and general out datedness of the current CPPs as King County and its cities near
the end of the 1992-2012 planning period.
Discussion
Staff has reviewed the transmitted King County Countywide Planning Policies and finds no
outstanding areas of concern. City staff, represented by the Planning and Development
Director, participates as a member of the Interjurisdictional Staff Team (IJT) that is made up of
staff from select cities and special districts who acts as staff to the Growth Management
Planning Council. The IJT developed and reviewed the amendments to the Countywide
Planning Policies.
Staff requests the Committee review the amendments in advance of the meeting. The following
are questions to assist the Committee in its discussion:
1. Does the Committee have any questions or need additional information?
2. Does the Committee have any concerns such that it would want to recommend to the City
Council to take legislative action to disapprove the amendments?
3. Does the Committee want to recommend to the City Council to take formal action to approve
the amendments? Please note that formal action is not necessary?
For questions 2 and 3, the Committee, at its discretion, could elect to move to action.
Attachments:
Attachment A – Amended King County Countywide Planning Policies
DI.E Page 101 of 254
DI.E Page 102 of 254
DI.E Page 103 of 254
DI.E Page 104 of 254
DI.E Page 105 of 254
DI.E Page 106 of 254
DI.E Page 107 of 254
DI.E Page 108 of 254
DI.E Page 109 of 254
DI.E Page 110 of 254
DI.E Page 111 of 254
DI.E Page 112 of 254
DI.E Page 113 of 254
DI.E Page 114 of 254
DI.E Page 115 of 254
DI.E Page 116 of 254
DI.E Page 117 of 254
DI.E Page 118 of 254
DI.E Page 119 of 254
DI.E Page 120 of 254
DI.E Page 121 of 254
DI.E Page 122 of 254
DI.E Page 123 of 254
DI.E Page 124 of 254
DI.E Page 125 of 254
DI.E Page 126 of 254
DI.E Page 127 of 254
DI.E Page 128 of 254
DI.E Page 129 of 254
DI.E Page 130 of 254
DI.E Page 131 of 254
DI.E Page 132 of 254
DI.E Page 133 of 254
DI.E Page 134 of 254
DI.E Page 135 of 254
DI.E Page 136 of 254
DI.E Page 137 of 254
DI.E Page 138 of 254
DI.E Page 139 of 254
DI.E Page 140 of 254
DI.E Page 141 of 254
DI.E Page 142 of 254
DI.E Page 143 of 254
DI.E Page 144 of 254
DI.E Page 145 of 254
DI.E Page 146 of 254
DI.E Page 147 of 254
DI.E Page 148 of 254
DI.E Page 149 of 254
DI.E Page 150 of 254
DI.E Page 151 of 254
DI.E Page 152 of 254
DI.E Page 153 of 254
DI.E Page 154 of 254
DI.E Page 155 of 254
DI.E Page 156 of 254
DI.E Page 157 of 254
DI.E Page 158 of 254
DI.E Page 159 of 254
DI.E Page 160 of 254
DI.E Page 161 of 254
DI.E Page 162 of 254
DI.E Page 163 of 254
DI.E Page 164 of 254
DI.E Page 165 of 254
DI.E Page 166 of 254
DI.E Page 167 of 254
DI.E Page 168 of 254
DI.E Page 169 of 254
DI.E Page 170 of 254
DI.E Page 171 of 254
DI.E Page 172 of 254
DI.E Page 173 of 254
DI.E Page 174 of 254
DI.E Page 175 of 254
DI.E Page 176 of 254
DI.E Page 177 of 254
DI.E Page 178 of 254
DI.E Page 179 of 254
DI.E Page 180 of 254
DI.E Page 181 of 254
DI.E Page 182 of 254
DI.E Page 183 of 254
DI.E Page 184 of 254
DI.E Page 185 of 254
DI.E Page 186 of 254
DI.E Page 187 of 254
DI.E Page 188 of 254
DI.E Page 189 of 254
DI.E Page 190 of 254
DI.E Page 191 of 254
DI.E Page 192 of 254
DI.E Page 193 of 254
DI.E Page 194 of 254
DI.E Page 195 of 254
DI.E Page 196 of 254
DI.E Page 197 of 254
DI.E Page 198 of 254
DI.E Page 199 of 254
DI.E Page 200 of 254
DI.E Page 201 of 254
DI.E Page 202 of 254
DI.E Page 203 of 254
DI.E Page 204 of 254
DI.E Page 205 of 254
DI.E Page 206 of 254
DI.E Page 207 of 254
DI.E Page 208 of 254
DI.E Page 209 of 254
DI.E Page 210 of 254
DI.E Page 211 of 254
DI.E Page 212 of 254
DI.E Page 213 of 254
DI.E Page 214 of 254
DI.E Page 215 of 254
DI.E Page 216 of 254
DI.E Page 217 of 254
DI.E Page 218 of 254
DI.E Page 219 of 254
DI.E Page 220 of 254
DI.E Page 221 of 254
DI.E Page 222 of 254
DI.E Page 223 of 254
DI.E Page 224 of 254
DI.E Page 225 of 254
DI.E Page 226 of 254
DI.E Page 227 of 254
DI.E Page 228 of 254
DI.E Page 229 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
Temporary Off-Premise Residential Real Estate Signs
Date:
February 5, 2013
Department:
Planning and Development
Attachments:
Memorandum
Attachment A
Attachment B
Attachment C
Attachment D
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Planning And Community Development
Councilmember:Backus Staff:Chamberlain
Meeting Date:February 11, 2013 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 230 of 254
Memorandum
TO: Nancy Backus, Chair, Planning and Community Development Committee
John Holman, Vice Chair, Planning and Community Development Committee
Largo Wales, Member, Planning and Community Development Committee
FROM: Elizabeth Chamberlain, AICP, Planning Manager
DATE: February 4, 2013
RE: Off-Premise Residential Real Estate Signs of the Auburn City Code
Discussion
At the January 14, 2013 Planning and Community Development Committee (PCDC) meeting,
staff presented on the status of the off-premise residential real estate sign pilot program that is
currently scheduled to expire on April 22, 2013. During the discussion, the Committee
requested additional information from staff as follows:
• Number of signs, location of the signs, and application form;
• Information from the builders that utilize the program – quantify the benefits of the
program and any negatives if the ordinance was not extended; and,
• Feedback from the HOAs/neighborhoods about any concerns, issues, or perceptions
about the real estate signs.
Staff conducted a field survey on January 28, 2013 of the signs throughout the City and mapped
the locations (see Attachment A). The field survey noted the larger off-premise real estate signs
not the small directional signs on wood stakes as those do not require a permit and are not
regulated. There are 75 signs with 55 of the signs registered under Auburn’s program, of which
20 signs are not currently registered with the City. Please Note: Staff is currently working with
those builders that have unregistered signs and/or builders that are advertising out of City
developments to bring them into compliance with our program.
We have also received feedback from both the building community and neighborhoods about
the off-premise real estate signs. The comments are included for the Committee’s review
(Attachments C and D).
Discussion Questions
1. Should the real estate sign provisions be extended for an additional one to two years?
2. What other questions or information needs for this issue does the Committee have?
DI.F Page 231 of 254
Attachments:
Attachment A – Map of Sign Locations and Number of Signs
Attachment B – Application Form
Attachment C – Comment Letters Received from Builders
Attachment D – Comment Letters Received from Citizens
DI.F Page 232 of 254
A ST SEC ST SW
B ST NW
AUBURN WAY S
I ST NE
M ST SE
AUBURN WAY N
51ST AVE S
124TH AVE SE
WEST VALLEY HWY N
132ND AVE SE
R ST SE
C ST NW
W MAIN ST
SE 304TH ST
E M AIN ST
41ST ST SE
KERSEY WAY SE
29TH ST SE
SE 312TH ST
8TH ST N E
37TH ST NW
ORAVETZ RD SE
L
A
K
E
L
A
N
D
H
I
L
L
S
W
A
Y
S
E
M ST NE
D ST NW
4TH ST SE
104TH AVE SE
15TH ST NW
A ST NE
LAKE TAPPS PK
W
Y SE
WEST VALLEY HWY S
EMERALD DOWNS DR NW
37TH ST NE
S 316T H ST
S 277TH ST
L E A H I L L R D S E
321ST ST S SE 320TH ST
RIV ERWA LK D R S E
P
E
A
S
L
E
Y
C
A
N
Y
O
N
R
D
S
112TH AVE SE
D ST NE
EAST VAL
LEY
H
W
Y SE
HARVEY RD NE
15TH ST SW
BOUNDARY BLVD SW
A ST NW
AUBURN AVE NE
TERRACE DR NW
ELLINGSON R D SW
SE 281ST ST
17TH ST SE
6TH ST SE
3RD ST SW
10TH ST NE
16TH ST NW
112TH AVE SE
SE 320TH ST
PEASLEY CANYON RD S
A ST SE
SE 304TH ST
124TH AVE SE
S E 3 0 4 T H S T
S 277TH ST
R ST SE
SE 320TH ST
112TH AVE SE
18
18
167
167
Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy.
Map ID: 3981
City of Auburn Aerial
0 1,000 2,000 3,000 4,000 5,000
FEET
Revised On: 05/08/2012Printed On: 5/8/2012
DI.F Page 233 of 254
Attachment B
(Application Form)
DI.F Page 234 of 254
TEMPORARY OFF SITE
REAL ESTATE INFO SIGNS
Form last
updated on:
May 2, 2011
Physical Address: Mailing Address: Webpage & Email: Phone and Fax:
Auburn City Hall Annex, 2nd Floor 25 West Main Street www.auburnwa.gov Phone: 253-931-3090
1 East Main Street Auburn, WA 98001-4998 permitcenter@auburnwa.gov Fax: 253-804-3114
PURPOSE: To seek written authorization to allow for the
temporary placement of off-site real estate signs that advertise the
availability of newly created lots and/or constructed homes.
REFERENCE NUMBER: _____________ (STAFF WILL ASSIGN)
This number will need to appear on each sign with characters that are
at least 1” in height.
PRIMARY POINT OF CONTACT COMPANY REQUESTING AUTHORIZATION
Name of Person Acting as Primary Point of Contact:
______________________________________________________
Direct Phone Number: __________________________________
Email Address: ________________________________________
Check this box if you are requesting this authorization on behalf
of another party, e.g. a sign company requesting on behalf of a
developer.
Company Name: _______________________________________
Company Address: _____________________________________
City: ______________________ State: ______ Zip: __________
Phone Number: ________________________________________
Auburn Business License Number: _______________________
CHECKLIST OF INFORMATION THAT MUST BE ATTACHED TO THIS REQUEST FOR AUTHORIZATION
1. Drawings or Pictures – Sign Appearance
• If it your intention to have multiple signs that are of a different
size and shape, please provide a sample drawing or picture for
each.
• For each sample drawing or picture, provide dimensional
information that will depict the length, width, and height.
• For each sample provided, include examples of the type of content
that would appear on a typical sign
2. Map A – Detailed Sign Location Information
For each proposed sign, provide information that indicates its proximity
to the following:
• Distance to sidewalks (if present)
• Distance to adjacent streets and driveways as well as height of sign.
Provide enough information to allow the City to determine that the
sign will not create a sight hazard to traffic.
• Distance to nearest intersection
3. Letters of Authorization
For all signs that are proposed to be located upon private property,
please provide documentation that demonstrates that the property
owner has granted permission to use their property.
4. Map B – General Sign Location Information
Provide a vicinity map that is displayed on a single sheet of paper that
identifies the location of all proposed signs in the City. Include the
following information:
• Label each proposed sign with a symbol , number or letter that
corresponds to the type of sign as provided in item 1.
• Label each road that is adjacent to a proposed sign location.
• For each sign, indicate whether it is to be located on private property
or public right of way.
5. Insurance Information
Please provide a Certificate of Insurance listing the City as an
additional insured. Within 30 days of granting this authorization, the
City will require that the additional insured endorsement from the
insurance company be provided.
For map assistance you can visit the City’s mapping services webpage: http://maps.auburnwa.gov/public/
ADDITIONAL INFORMATION
Total Number of Signs Proposed: ________________________
Dimensions of Signs
Sign A: Size ________ Square Feet; Height __________(ft.)
Sign B: Size ________ Square Feet; Height __________(ft.)
Sign C: Size ________ Square Feet; Height __________(ft.)
Sign D: Size ________ Square Feet; Height __________(ft.)
Sign E: Size ________ Square Feet; Height __________(ft.)
Sign F: Size ________ Square Feet; Height __________(ft.)
Are signs proposed to be located within the public right of way?
Yes No
Are signs proposed to be located on private property?
Yes No
Please estimate the date(s) that signs will be erected:
______________________________________________________
Please estimate the date(s) that signs will be removed:
______________________________________________________ DI.F Page 235 of 254
TEMPORARY OFF SITE
REAL ESTATE INFO SIGNS
Form last
updated on:
May 2, 2011
Physical Address: Mailing Address: Webpage & Email: Phone and Fax:
Auburn City Hall Annex, 2nd Floor 25 West Main Street www.auburnwa.gov Phone: 253-931-3090
1 East Main Street Auburn, WA 98001-4998 permitcenter@auburnwa.gov Fax: 253-804-3114 REFERENCE NUMBER: ______________ APPLICANT NAME: _________________________________________ NAME OF DEVELOPMENT THAT WILL BE ADVERTISED: _____________________________________
INDEMNIFICATION AND HOLD HARMLESS
Applicant shall defend, indemnify, and hold the City of Auburn, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or in connection with activities or operations performed by the Applicant or on the
Applicant’s behalf out of issuance of this Authorization. Applicant also agrees to comply with all Federal,
State and local regulations in the performance of the permitted work.
I have read and will comply with the City’s requirements.
Applicant’s Signature ______________________________
DI.F Page 236 of 254
DI.F Page 237 of 254
DI.F Page 238 of 254
DI.F Page 239 of 254
DI.F Page 240 of 254
DI.F Page 241 of 254
DI.F Page 242 of 254
DI.F Page 243 of 254
DI.F Page 244 of 254
DI.F Page 245 of 254
DI.F Page 246 of 254
DI.F Page 247 of 254
DI.F Page 248 of 254
DI.F Page 249 of 254
DI.F Page 250 of 254
AGENDA BILL APPROVAL FORM
Agenda Subject:
PCDC Matrix
Date:
February 7, 2013
Department:
Planning and Development
Attachments:
PCDC Matrix
Budget Impact:
$0
Administrative Recommendation:
For information only, see attached matrix.
Background Summary:
Reviewed by Council Committees:
Councilmember:Backus Staff:Snyder
Meeting Date:February 11, 2013 Item Number:DI.H
AUBURN * MORE THAN YOU IMAGINEDDI.H Page 251 of 254
PC
D
C
W
o
r
k
P
l
a
n
M
a
t
r
i
x
–
F
e
b
r
u
a
r
y
1
1
,
2
0
1
3
Pl
e
a
s
e
N
o
t
e
:
N
e
w
a
d
d
i
t
i
o
n
s
u
n
d
e
r
l
i
n
e
d
,
d
e
l
e
t
i
o
n
s
r
e
mo
v
e
d
,
r
e
t
r
e
a
t
i
t
e
m
s
a
r
e
h
i
g
h
l
i
g
h
t
e
d
.
Fe
b
r
u
a
r
y
1
1
,
2
0
1
3
LA
N
D
U
S
E
C
O
D
E
S
/
P
O
L
I
C
I
E
S
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
1
•
M
u
c
k
l
e
s
h
o
o
t
T
r
i
b
e
TB
D
S
n
y
d
e
r
St
a
f
f
t
o
s
t
a
y
i
n
t
o
u
c
h
w
i
t
h
P
l
a
n
n
i
n
g
D
e
p
t
.
a
n
d
k
e
e
p
coordination &
co
m
m
u
n
i
c
a
t
i
o
n
o
p
e
n
w
i
t
h
T
r
i
b
e
.
T
h
e
C
i
t
y
m
e
t
w
i
t
h
t
he Muckleshoot Tribe
Ma
r
c
h
2
6
,
2
0
1
2
.
2
Co
d
e
U
p
d
a
t
e
W
o
r
k
•
C
l
u
s
t
e
r
S
u
b
d
i
v
i
s
i
o
n
20
1
3
Sn
y
d
e
r
S
t
a
f
f
t
o
p
r
e
p
a
r
e
d
r
a
f
t
r
e
g
u
l
a
t
i
o
n
s
f
o
r
t
h
e
P
la
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
t
o
r
e
v
i
e
w
.
•
C
o
t
t
a
g
e
H
o
u
s
i
n
g
20
1
3
Sn
y
d
e
r
S
t
a
f
f
t
o
p
r
e
p
a
r
e
d
r
a
f
t
r
e
g
u
l
a
t
i
o
n
s
f
o
r
t
h
e
P
la
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
t
o
r
e
v
i
e
w
.
•
C
e
l
l
T
o
w
e
r
s
TB
D
Ch
a
m
b
e
r
l
a
i
n
Re
v
i
e
w
e
d
b
y
P
C
D
C
o
n
9
/
1
0
/
1
2
a
n
d
c
o
d
e
d
i
s
c
u
s
s
e
d
a
t
P
lanning Commission on
10
/
2
/
1
2
.
S
t
a
f
f
t
o
r
e
t
u
r
n
t
o
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
w
i
th more information to
di
s
c
u
s
s
o
n
c
e
l
l
t
o
w
e
r
p
r
o
p
o
s
e
d
c
o
d
e
c
h
a
n
g
e
s
.
•
E
n
v
i
r
o
n
m
e
n
t
a
l
P
a
r
k
D
i
s
t
r
i
c
t
20
1
3
Sn
y
d
e
r
C
o
d
e
c
o
n
c
e
p
t
s
a
n
d
i
d
e
a
s
t
o
b
e
d
e
v
e
l
o
p
e
d
b
a
s
e
d on Council retreat direction.
•
A
g
r
i
t
o
u
r
i
s
m
TB
D
Ch
a
m
b
e
r
l
a
i
n
St
a
f
f
t
o
b
r
i
n
g
b
a
c
k
o
n
c
e
t
h
e
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
h
a
s reviewed and made their
re
c
o
m
m
e
n
d
a
t
i
o
n
.
3
Ur
b
a
n
C
e
n
t
e
r
•
H
e
a
l
t
h
c
a
r
e
D
i
s
t
r
i
c
t
O
v
e
r
l
a
y
20
1
3
Ch
a
m
b
e
r
l
a
i
n
S
t
a
f
f
t
o
d
e
v
e
l
o
p
w
o
r
k
p
l
a
n
.
•
T
A
D
A
Fe
b
r
u
a
r
y
2
5
C
h
a
m
b
e
r
l
a
i
n
T
h
e
A
u
b
u
r
n
D
o
w
n
t
o
w
n
A
s
s
o
c
i
a
ti
o
n
w
i
l
l
p
r
o
v
i
d
e
a
t
t
h
e
2
/
2
5
/
1
3
m
e
e
t
i
n
g
.
•
A
m
t
r
a
k
On
-
g
o
i
n
g
Ma
y
o
r
L
e
w
i
s
/
Sn
y
d
e
r
Ci
t
y
t
r
a
c
k
i
n
g
p
o
t
e
n
t
i
a
l
s
t
a
t
i
o
n
s
t
o
p
s
e
x
p
a
n
s
i
o
n
s
t
u
dy by Amtrak.
•
D
o
w
n
t
o
w
n
P
a
r
k
i
n
g
Ma
n
a
g
e
m
e
n
t
P
l
a
n
Ma
r
c
h
1
1
Sn
y
d
e
r
/
Ch
a
m
b
e
r
l
a
i
n
Pa
r
k
i
n
g
i
n
v
e
n
t
o
r
y
c
o
m
p
l
e
t
e
,
p
u
b
l
i
c
s
u
r
v
e
y
c
o
m
p
l
e
t
e
d
and data compilation
be
i
n
g
c
o
n
d
u
c
t
e
d
.
S
t
a
f
f
r
e
v
i
e
w
e
d
t
h
e
d
r
a
f
t
T
a
b
l
e
o
f
Contents with Committee on
10
/
0
8
/
1
2
.
DI.H Page 252 of 254
Fe
b
r
u
a
r
y
1
1
,
2
0
1
3
Page 2
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
4
H
i
s
t
o
r
i
c
P
r
e
s
e
r
v
a
t
i
o
n
S
t
r
a
t
e
g
i
e
s
20
1
3
Sn
y
d
e
r
/
Ch
a
m
b
e
r
l
a
i
n
St
a
f
f
w
i
l
l
f
o
r
m
u
l
a
t
e
a
s
t
r
a
t
e
g
y
a
c
t
i
o
n
p
l
a
n
a
n
d
b
r
i
ng back to Committee.
5
St
r
a
t
e
g
y
A
r
e
a
s
f
o
r
Po
p
u
l
a
t
i
o
n
/
B
u
s
i
n
e
s
s
/
E
m
p
l
o
y
m
e
n
t
20
1
3
Sn
y
d
e
r
/
Ch
a
m
b
e
r
l
a
i
n
Co
d
e
c
o
n
c
e
p
t
s
a
n
d
i
d
e
a
s
t
o
b
e
d
e
v
e
l
o
p
e
d
b
a
s
e
d
o
n
C
o
uncil retreat direction.
6
P
e
d
e
s
t
r
i
a
n
K
i
o
s
k
s
T
B
D
C
h
a
m
b
e
r
l
a
i
n
Fu
n
d
i
n
g
o
p
t
i
o
n
s
a
n
d
i
d
e
a
s
t
o
c
o
n
s
t
r
u
c
t
a
n
d
i
n
s
t
a
l
l
the remaining 6 pedestrian
ki
o
s
k
s
d
o
w
n
t
o
w
n
.
C
o
m
m
i
t
t
e
e
t
o
o
k
a
c
t
i
o
n
o
n
1
/
2
8
/
1
3
recommended Council
ap
p
r
o
v
a
l
f
o
r
t
h
e
c
o
n
s
t
r
u
c
t
i
o
n
a
n
d
i
n
s
t
a
l
l
a
t
i
o
n
o
f
t
hree kiosks.
EN
V
I
R
O
N
M
E
N
T
A
L
7
A
u
b
u
r
n
E
n
v
i
r
o
n
m
e
n
t
a
l
P
a
r
k
A
s
N
e
e
d
e
d
Sn
y
d
e
r
/
An
d
e
r
s
e
n
St
a
f
f
i
s
c
o
o
r
d
i
n
a
t
i
n
g
w
i
t
h
W
S
D
O
T
o
n
P
h
a
s
e
I
I
a
c
q
u
i
s
ition opportunities.
PA
R
K
S
,
A
R
T
S
&
R
E
C
R
E
A
T
I
O
N
8
L
e
a
H
i
l
l
/
G
r
e
e
n
R
i
v
e
r
C
C
P
a
r
k
T
B
D
F
a
b
e
r
Un
d
e
r
C
o
n
s
t
r
u
c
t
i
o
n
(
5
4
%
c
o
m
p
l
e
t
e
)
.
No
v
e
m
b
e
r
s
u
s
p
e
n
s
i
o
n
(
i
n
a
c
c
e
s
s
i
b
l
e
s
i
t
e
du
e
t
o
w
e
a
t
h
e
r
)
.
R
e
s
t
a
r
t
i
n
F
e
b
r
u
a
r
y
i
f
c
o
n
d
i
t
i
o
n
s
permit. General Construction
an
t
i
c
i
p
a
t
e
d
b
e
i
n
g
c
o
m
p
l
e
t
e
i
n
M
a
r
c
h
w
i
t
h
C
i
t
y
I
m
p
r
o
vements scheduled through
Ma
y
.
P
a
r
k
t
o
o
p
e
n
J
u
n
e
o
f
2
0
1
3
.
CO
M
M
U
N
I
T
Y
S
E
R
V
I
C
E
S
D
I
V
I
S
I
O
N
9
B
u
i
l
d
i
n
g
C
o
m
m
u
n
i
t
y
TB
D
Hu
r
s
h
PC
D
C
r
e
q
u
e
s
t
e
d
u
p
d
a
t
e
a
t
a
f
u
t
u
r
e
m
e
e
t
i
n
g
;
b
r
i
e
f
i
n
g
to be scheduled.
10
H
u
m
a
n
S
e
r
v
i
c
e
s
C
e
n
t
e
r
O
n
g
o
i
n
g
H
u
r
s
h
U
p
d
a
t
e
s
p
r
o
v
id
e
d
a
s
n
e
e
d
e
d
o
r
r
e
q
u
e
s
t
e
d
.
11
Un
i
f
y
c
o
m
m
u
n
i
t
i
e
s
t
h
r
o
u
g
h
ce
n
t
r
a
l
i
z
e
d
c
o
m
m
u
n
i
c
a
t
i
o
n
a
n
d
ou
t
r
e
a
c
h
TB
D
H
u
r
s
h
C
o
m
m
u
n
i
t
y
S
e
r
v
i
c
e
s
t
o
g
i
v
e
a
n
n
u
a
l
u
p
d
a
t
e
s
.
BO
A
R
D
S
,
C
O
M
M
I
S
S
I
O
N
S
&
H
E
A
R
I
N
G
E
X
A
M
I
N
E
R
12
A
r
t
s
C
o
m
m
i
s
s
i
o
n
F
a
l
l
2
0
1
3
F
a
b
e
r
J
o
i
n
t
m
e
e
t
i
n
g
h
e
ld
o
n
1
1
/
2
6
/
1
2
w
i
t
h
P
C
D
C
.
13
H
u
m
a
n
S
e
r
v
i
c
e
s
C
o
m
m
i
t
t
e
e
F
a
l
l
2
0
1
3
H
u
r
s
h
J
o
i
n
t
m
ee
t
i
n
g
h
e
l
d
9
/
2
4
/
1
2
.
14
H
e
a
r
i
n
g
E
x
a
m
i
n
e
r
F
a
l
l
2
0
1
3
D
i
x
o
n
He
a
r
i
n
g
E
x
a
m
i
n
e
r
a
t
t
e
n
d
e
d
1
1
/
2
6
/
1
2
m
e
e
t
i
n
g
f
o
r
a
n
n
u
al briefing with the
Co
m
m
i
t
t
e
e
.
15
P
a
r
k
s
&
R
e
c
r
e
a
t
i
o
n
B
o
a
r
d
S
u
m
m
e
r
2
0
1
3
F
a
b
e
r
A
n
n
u
a
l
u
p
d
a
t
e
o
c
c
u
r
r
e
d
6
/
1
1
/
1
2
w
i
t
h
P
C
D
C
.
16
P
l
a
n
n
i
n
g
C
o
m
m
i
s
s
i
o
n
A
u
g
u
s
t
2
0
1
3
Sn
y
d
e
r
/
Ch
a
m
b
e
r
l
a
i
n
Co
m
m
i
t
t
e
e
w
i
l
l
h
o
l
d
a
j
o
i
n
t
m
e
e
t
i
n
g
e
v
e
r
y
s
i
x
m
o
n
t
h
s with Planning Commission.
Th
e
n
e
x
t
m
e
e
t
i
n
g
i
s
2
/
5
/
1
3
.
T
h
e
n
e
x
t
m
e
e
t
i
n
g
w
i
l
l
b
e
h
e
l
d
8
/
2
0
1
3
.
DI.H Page 253 of 254
Fe
b
r
u
a
r
y
1
1
,
2
0
1
3
Page 3
To
p
i
c
/
I
s
s
u
e
Ne
x
t
o
n
P
C
D
St
a
f
f
/
C
o
u
n
c
i
l
Le
a
d
Co
m
m
e
n
t
s
17
T
r
a
n
s
p
o
r
t
a
t
i
o
n
,
T
r
a
n
s
i
t
,
a
n
d
T
r
a
i
l
s
S
p
r
i
n
g
2
0
1
3
Th
o
r
d
a
r
s
o
n
A
n
n
u
a
l
u
p
d
a
t
e
o
c
c
u
r
r
e
d
5
/
2
3
/
1
2
w
i
t
h
P
C
D
C
.
18
U
r
b
a
n
T
r
e
e
B
o
a
r
d
F
a
l
l
2
0
1
3
F
a
b
e
r
A
n
n
u
a
l
u
p
d
a
t
e
o
cc
u
r
r
e
d
1
0
/
2
2
/
1
2
w
i
t
h
P
C
D
C
.
CO
M
P
R
E
H
E
N
S
I
V
E
P
L
A
N
/
C
A
P
I
T
A
L
F
A
C
I
L
I
T
I
E
S
P
L
A
N
N
I
N
G
(
L
o
n
g
R
a
n
g
e
P
l
a
n
n
i
n
g
)
19
C
o
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
U
p
d
a
t
e
O
n
-
g
o
i
n
g
C
h
a
m
b
e
r
l
a
i
n
20
1
3
–
2
0
1
4
A
u
b
u
r
n
C
o
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
u
p
d
a
t
e
.
M
a
j
o
r update of the
co
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
f
o
r
t
h
e
n
e
x
t
2
0
y
e
a
r
s
+
.
20
W
a
t
e
r
,
S
e
w
e
r
,
S
t
o
r
m
Sc
o
p
e
:
U
p
d
a
t
e
t
o
t
h
e
W
a
t
e
r
,
Se
w
e
r
,
a
n
d
S
t
o
r
m
Co
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
s
i
n
c
o
n
c
e
r
t
wi
t
h
t
h
e
C
o
m
p
r
e
h
e
n
s
i
v
e
P
l
a
n
Up
d
a
t
e
p
r
o
j
e
c
t
.
On
-
g
o
i
n
g
P
u
b
l
i
c
W
o
r
k
s
Up
d
a
t
e
t
o
t
h
e
t
h
r
e
e
u
t
i
l
i
t
y
c
o
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
s
a
s
the City updates it’s
co
m
p
r
e
h
e
n
s
i
v
e
p
l
a
n
.
21
Tr
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
n
n
i
n
g
Sc
o
p
e
:
L
o
n
g
-
t
e
r
m
p
l
a
n
n
i
n
g
f
o
r
th
e
i
n
t
e
r
r
e
l
a
t
i
o
n
s
h
i
p
b
e
t
w
e
e
n
la
n
d
u
s
e
a
n
d
t
r
a
n
s
p
o
r
t
a
t
i
o
n
in
f
r
a
s
t
r
u
c
t
u
r
e
.
On
-
g
o
i
n
g
P
a
r
a
Co
m
p
r
e
h
e
n
s
i
v
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
U
p
d
a
t
e
a
d
o
p
t
e
d
b
y
C
i
t
y
Council in 2009.
Co
m
p
r
e
h
e
n
s
i
v
e
T
r
a
n
s
p
o
r
t
a
t
i
o
n
P
l
a
n
U
p
d
a
t
e
i
n
c
o
n
c
e
r
t
with the Comprehensive
Pl
a
n
U
p
d
a
t
e
P
r
o
j
e
c
t
.
22
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
Pr
o
g
r
a
m
(
T
I
P
)
Sc
o
p
e
:
6
-
y
e
a
r
t
r
a
n
s
p
o
r
t
a
t
i
o
n
im
p
r
o
v
e
m
e
n
t
p
r
o
g
r
a
m
t
h
a
t
i
s
up
d
a
t
e
d
a
n
n
u
a
l
l
y
i
d
e
n
t
i
f
y
i
n
g
tr
a
n
s
p
o
r
t
a
t
i
o
n
r
e
l
a
t
e
d
c
a
p
i
t
a
l
pr
o
j
e
c
t
s
20
1
3
Pa
r
a
Re
v
i
e
w
o
f
t
h
e
2
0
1
3
-
2
0
1
8
T
r
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
Program (TIP) has been
co
m
p
l
e
t
e
d
b
y
t
h
e
P
C
D
C
.
C
i
t
y
C
o
u
n
c
i
l
t
o
o
k
a
c
t
i
o
n
o
n
the 2013-2018
Tr
a
n
s
p
o
r
t
a
t
i
o
n
I
m
p
r
o
v
e
m
e
n
t
P
r
o
g
r
a
m
(
T
I
P
)
a
t
t
h
e
9
/
1
7/12 City Council meeting.
23
Ca
p
i
t
a
l
F
a
c
i
l
i
t
e
s
P
l
a
n
Sc
o
p
e
:
6
-
y
e
a
r
c
a
p
i
t
a
l
f
a
c
i
l
i
t
i
e
s
pl
a
n
f
o
r
t
h
e
C
i
t
y
’
s
p
u
b
l
i
c
fa
c
i
l
i
t
i
e
s
/
u
t
i
l
i
t
i
e
s
On
-
g
o
i
n
g
Fi
n
a
n
c
e
Up
d
a
t
e
d
a
n
n
u
a
l
l
y
a
s
n
e
e
d
e
d
a
s
p
a
r
t
o
f
t
h
e
c
o
m
p
r
e
h
e
n
sive plan update process.
Th
e
2
0
1
3
-
2
0
1
8
C
a
p
t
i
a
l
F
a
c
i
l
i
t
i
e
s
P
l
a
n
a
p
p
r
o
v
e
d
b
y
t
he City Council 12/17/12.
OT
H
E
R
23
E
c
o
n
o
m
i
c
D
e
v
e
l
o
p
m
e
n
t
U
p
d
a
t
e
s
A
s
N
e
e
d
e
d
M
a
y
o
r
F
u
t
ur
e
b
r
i
e
f
i
n
g
s
t
o
b
e
p
r
o
v
i
d
e
d
a
s
n
e
e
d
e
d
.
DI.H Page 254 of 254