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HomeMy WebLinkAbout6590ORDINANCE NO. 6 5 9 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF HAZEL VIEW WHEREAS, the City of Auburn received a final plat application for the Plat of Hazel View, Application No. PLT16-0001, the final approval of which is appropriate for City Council Action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Hazel View Estates LLC has made application for the Final Plat of "Hazel View". 2. The Preliminary Plat of "Hazel View" (King County File No. L04P0033) was approved by the Hearing Examiner on April 26, 2006, as a single phase with 21 conditions. 3. The Plat of "Hazel View" was originally filed and deemed "complete" for processing under King County codes, prior to annexation, and was to conform to the King County codes, which differ from the City of Auburn codes in terms of zoning requirements and engineering design standards. 4. The Plat of "Hazel View" has been developed in accordance with all applicable conditions of the Preliminary Plat. 5. A Certificate of Improvements has been issued by the City Engineer, accepting completion of certain required plat improvements in accordance with all applicable standards of the King County's Engineering Design Standards and where appropriate, the City of Auburn's Engineering Design Standards. 6. The final plat includes one publicly dedicated tract, Tract B, for the storm drainage facility. ---------------- Ordinance No. 6590 March 21, 2016 Page 1 of 1 CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls, including standards to which the plat is vested. 2. The Final Plat of "Hazel View" is consistent with the King County and City of Auburn Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Hazel View, a subdivision consisting of real property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of 4 of the Final Plat and set forth below: LOT 1 AND THE WEST 326.03 FEET OF LOT 2, KING COUNTY SHORT PLAT NUMBER 584147, RECORDED UNDER RECORDING NUMBER 8502190360, BEING A PORTION OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. (ALSO KNOWN AS LOT 1 OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 8706015, RECORDED UNDER RECORDING NUMBER 8710150307). is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. Section 2. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of ---------------- Ordinance No. 6590 March 21, 2016 Page 2 of 2 Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor's Division. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. FIRST READING: MAR 21 2016 SECOND READING: APR —4 2016 PASSED: APR -42016 APPROVED: APR — 4 2016 CITY OF AUBURN ON �_ _ ISL IZZEW-i ATTEST: LaYL��i DDa delle E. Daskam, City Clerk APP/ROVE FO City Attorney Published: ---------------- Ordinance No 6590 March 21, 2016 Page 3 of 3 0 L, _ T MST �CA �P Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 I�INIM���I�I�iW�InInIIII�IUIVI 20166424000688 FIRST AMERICAN ORD 76.00 PAGE -002 OF 004 04/21/2016 12:59 KING COUNTY, WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): 1. Final Plat (Ordinance No. 6590) Reference Number(s) of Documents assigned or released: ❑Additional reference #'s on page _ of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1. Hazel View Estates LLC recvd ah an � accomr•+ofttion ca4. It hoA not tin ,W- +j1�'3i?k-0t'�'- Legal Description (abbreviated: i.e. lot, block, plat or section, township; range) Lot 1 and the west 326.03 feet ofiLot 2, King County Short Plat Number 584147 ® Additional legal is on page 2 of the document. Assessor's Property Tax Parcel/Account Number: 0921059176 ❑ Assessor Tax # not yet assigned ORDINANCE NO. 6 5 9 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE FINAL PLAT OF HAZEL VIEW WHEREAS, the City of Auburn received a final plat application for the Plat of Hazel View, Application No. PLT16-0001, the final approval of which is appropriate for City Council Action; and WHEREAS, based on the review given this Plat by the City, the City Council hereby makes and enters the following: FINDINGS OF FACT 1. Hazel View Estates LLC has made application for the Final Plat of "Hazel View". 2. The Preliminary Plat of "Hazel View" (King County File No. L04P0033) was approved by the Hearing Examiner on April 26, 2006, as a single phase with 21 conditions. 3. The Plat of "Hazel View" was originally filed and deemed "complete" for processing under King County codes, prior to annexation, and was to conform to the King County codes, which differ from the City of Auburn codes in terms of zoning requirements and engineering design standards. 4. The Plat of "Hazel View" has been developed in accordance with all applicable conditions of the Preliminary Plat. 5. A Certificate of Improvements has been issued by the City Engineer, accepting completion of certain required plat improvements in accordance with all applicable standards of the King County's Engineering Design Standards and where appropriate, the City of Auburn's Engineering Design Standards. 6. The final plat includes one publicly dedicated tract, Tract B, for the storm drainage facility. ---------------- Ordinance No. 6590 March 21, 2016 Page 1 of 1 CONCLUSIONS OF LAW 1. The Final Plat is in compliance and in conformity with applicable Zoning and Land Division Ordinances and other applicable land use controls, including standards to which the plat is vested. 2. The Final Plat of "Hazel View" is consistent with the King County and City of Auburn Comprehensive Plan. 3. The Plat meets the requirements of Chapter 58.17 RCW. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Approval. Hazel View, a subdivision consisting of real property located within the City of Auburn, Washington, which plat is legally described on Sheet 1 of 4 of the Final Plat and set forth below: LOT 1 AND THE WEST 326.03 FEET OF LOT 2, KING COUNTY SHORT PLAT NUMBER 584147, RECORDED UNDER RECORDING NUMBER 8502190360, BEING A PORTION OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON. (ALSO KNOWN AS LOT 1 OF KING COUNTY LOT LINE ADJUSTMENT NUMBER 8706015, RECORDED UNDER RECORDING NUMBER 8710150307). is hereby approved, and deemed to conform to the requirements for Plat approval pursuant to State and local law and Chapter 58.17 of the Revised Code of Washington and Section 58.17.140 thereof. Section 2. Recordation. Upon the passage, approval and publication of this Ordinance as provided by law, the City Clerk of the City of ---------------- Ordinance No. 6590 March 21, 2016 Page 2 of 2 Auburn shall cause this Ordinance to be recorded in the office of the King County Auditor's Division. Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. FIRST READING: MAR 2 1 2016 SECOND READING: APR - 4 2016 PASSED: APR - 4 2016 APPROVED: APR - 4 2016 CITY OF AUBURN ATTEST: D a N e 11e E. -9 ask. aiii, City Clerk APP OVED FO City Attorney Published: ---------------- Ordinance No. 6590 March 21, 2016 Page 3 of 3 AGREEMENT FOR THE ADMINISTRATION OF PROCESSING THE FINAL PLAT OF HAZEL VIEW AUBURN, WASHINGTON Whereas, prior to the application of the Hazel View Preliminary Plat, agreement was entered into by and between King County and the City of Auburn relating to the processing of land use applications in an area being annexed into the City of Auburn from unincorporated King County; and Whereas, according to the terms of the City of Auburn - King County agreement, this agreement was to continue for a period of years and would address vesting and standards for applications falling within the parameters of the agreement; and Whereas, the term of that agreement has since expired, leaving some plat and land use applications in an area of uncertainty with respect to how they should be processed; and Whereas, the Hazel View Preliminary Plat application (King County File No. L04P0033) was originally filed and deemed "complete" for processing under King County codes, prior to annexation into the City of Auburn; and Whereas, pursuant to the interlocal agreement between the City of Auburn and King County for processing of land use applications in territory annexed into the City of Auburn, the King County codes would continue to operate as vested with respect to land use applications received and deemed "complete" prior to annexation; and Whereas, the Hazel View Plat (City File No. PLT08-0007) was developed to conform to the King County codes, which differed from City of Auburn codes in terms of zoning requirements such as lot size, and setbacks, and with engineering design standards such as the dimensions of access tracts, roadway widths and landscape strips, and number of lots or homes allowed to be served by access tracts, among other standards; and Whereas, not directly related to the Hazel View Plat was the fact that under King County jurisdictional standards there was only one fully accessible vehicle access route into the housing developments (subdivisions or plats) with which the Hazel View Plat would be a part. King County codes allow a larger number of lots or homes to be accessible from a single route into a neighborhood than do City of Auburn codes. During the plan review process under King County codes, the City of Auburn voiced its concern about the limited, singular access to a large number of homes, now exceeding 100 homes with the addition of the 20 homes from the Hazel View Plat and an emergency access connection was included with the preliminary plat requirements; and Whereas, the Hazel View Plat has, essentially, been designed and constructed (infrastructure and lot improvements) to conform to King County codes based on the Hearing Examiner's decision of April 26, 2006; and Whereas, included in the Hearing Examiner's decision were Conditions No. 14 and No. 15 identifying the need to establish and identify an improved tract for recreational purposes and Page 1 [i% associated financial guarantee if the recreational improvements are not constructed prior to final plat to meet King County standards KCC 21A.14.180 and KCC 21A.14.190; and Whereas, the developers of the Hazel View Plat have sought to have a designated recreational tract made available for future residential use, inconsistent with the Hearing Examiner's decision and condition. The designation of such lot(s) for future residential use was also included in civil plans submitted by the developer; and Whereas, the developer communicated with the City regarding the future residential use of the recreation tract, and while not precise, may have been advised that the City may be willing to allow such tract to be used for future residential purposes, with the Developer paying Park Impact Fees as an alternative to the dedication of open space/recreational tracts. This is in lieu of the designation of a recreational tract (Tract G) otherwise required under Conditions 14 and 15 of the approved Hazel View preliminary plat (King County File No. L04P00.33); and Whereas, in the technical review of this process, the City, initially, determined that because the changing of the recreational tracts to future residential uses is inconsistent with the Hearing Examiner's decision, this would constitute a "major adjustment application" under ACC 17.10.100 which would require a new application and under code is required to be treated as a "new application" and which would then trigger vesting under City requirements. Based upon the number of already completed improvements in the plat to King County standards, it would be difficult for the Plat, to now meet City of Auburn standards; and Whereas, the "major adjustment application" is required under city codes when the change to the plat "substantially change(s) the basic design, layout, open space or other requirements of the plat'; and Whereas, the developer has requested administrative relief from the City in connection with the (future) residential use of the recreational tract and avoiding the change from vesting under King County standards to those of the City of Auburn; and Whereas, the City of Auburn planning and transportation staff have evaluated the situation and feel that if the developer were to assist the City to acquire the right-of-way for an additional general circulation vehicle access to the neighborhood in which the Hazel View Plat exists (so that this neighborhood would have adequate right-of-way for more than one access to the more than hundred homes currently accessible through only one vehicle access route in the future), the City would be willing to allow the developer to complete development of the Hazel View Plat under King County standards, including allowing the recreational tract to be developed for future residential use and the developer to pay impact fees in the amount of the total number of single-family residential lots within the plat times the amount of applicable impact fees, including, but not limited to Fire Impact Fees, Park Impact Fees, School Impact Fees and Transportation Impact Fees, in effect at the time of building permit issuance or as deferred. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS INCLUDED HEREWITH AND CITY ADMINISTRATION'S WILLINGNESS TO RECOMMEND Page 2 APPROVAL OF THE FINAL PLAT, CITY ADMINISTRATION AND THE DEVELOPER AGREE, CONDITIONED ON COMPLETION AND ACCEPTANCE OF ALL REQUIRED PLAT IMPROVEMENTS, ON THE RESOLUTION OF ALL ISSUES RELATED TO THE FINAL PLAT OF HAZEL VIEW, IN ORDER FOR THE FINAL PLAT OF HAZEL VIEW TO BE SUBMITTED, TOGETHER WITH A CITY ADMINISTRATION RECOMMENDATION OF APPROVAL, TO THE AUBURN CITY COUNCIL FOR ITS REVIEW AND APPROVAL OF THE FINAL PLAT AND THE TIMELY RECORDING OF THE FINAL PLAT OF HAZEL VIEW, ONCE SO APPROVED, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The developer of the Hazel View Plat shall work with the adjacent Sterling Court Home Owner's Association (HOA) and the City concerning the dedication of the existing off-site Tract A of the Sterling Court Plat as public Right -of -Way (R -O -W). The developer will be the lead in communicating and negotiating with the HOA concerning the dedication and will work to secure Tract A for the alternative general circulation access to the neighborhood at no cost to the City. The developer may proceed with final plat application for Hazel View for a total of 22 lots (Tract G shall alternatively be shown as two residential lots) in accordance with the terms of this agreement and by providing a financial security prior to final plat in the amount of $40,000.00 for the purpose of securing Tract A as public R -O -W as part of the final plat requirements. The developer agrees to complete the dedication of the Sterling Court Tract A Within six (6) months from the date of the Final Plat Approval of the Hazel View Plat. The City Will retain the security in the event that the developer of the Hazel View Plat is unsuccessful in securing the Sterling Court right-of-way within said six (6) month period. 2. With this agreement, the developer is able to and shall make a formal written request to revoke the application for a "major adjustment to the approved preliminary plat" of Hazel View (process provided for under ACC 17.10.100). With the revocation of the application, the plat does not lose vesting to King County standards and would not be required to meet city zoning and City engineering design standards. 3. The developer shall pay the City of Auburn Park Impact Fees for the total number of created lots within the Hazel View Plat per the fee schedule in effect at the time of building permit issuance, in lieu of the provision and designation of a recreational tract (Tract G) otherwise required under Condition 14 and 15 of the approved Hazel View preliminary plat (King County File No. L04P0033). The fees shall be paid in accordance with the normal process of the City. 4. The developer also acknowledges that all other fees applicable will be paid as required per the City of Auburn Fee Schedule, this includes but is not limited to such things as Traffic Impact Fees. 5. The developer shall direct its civil engineer to prepare the final plat application submittal, including plat (drawings) that substantially include the following additional elements: • The final plat application submittal shall be reviewed for quality control by the developer's civil engineer in order to provide as thorough and complete submittal as possible. 4 Page 3 91�1- • The final plat application submittal shall be based on twenty-two residential lots. 6. The above terms and conditions shall constitute a satisfactory basis for City of Auburn Administrative staff to conclude that the Hazel View Preliminary Plat requirements have been met, and with said terms and conditions being satisfied, Administrative staff will recommend submittal of the Final Plat to the City Council for its approval. Dated this day of January, 2016. EagleCreK Wind & Development, LLC Dated By: Mike Chaffeur Its: Managing Member /—Z[-l� C burn Dated burn in Sites �Gn S> l� f I ixon Witnesseth: Auburn City Clerk Dated: Page 4 Ir FIRST AMENDMENT TO AGREEMENT FOR THE ADMINISTRATION OF PROCESSING THE FINAL PLAT OF HAZEL VIEW AUBURN, WASHINGTON Whereas, the City of Auburn (the "City") and Eagle Creek Land & Development, LLC ("Eagle Creek) entered into an Agreement for the Administration of Processing the Final Plat of Hazel View Auburn, Washington (the "Administration Agreement'). Whereas, the parties now desire to amend the Administration Agreement to clarify certain obligations of Eagle Creek under the Administration Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL BENEFITS INCLUDED HEREWITH AND IN THE ADMINISTRATION AGREEMENT, THE PARTIES AGREE AS FOLLOWS: 1. References to "developer" in Section 1 of the Administration Agreement will be deemed to apply solely to Eagle Creek and not its successors or assigns. Further, if Eagle Creek is unsuccessful in effecting the dedication of Tract A of the Sterling Court Plat to the City within six (6) months of Final Plat Approval of the Hazel View Plat, as provided in Section 1 of the Administration Agreement, the City shall retain the $40,000 security as its sole and exclusive remedy under Section 1 of the Administration Agreement and neither Eagle Creek nor any subsequent developer of the Hazel View Plat shall have any further obligations under Section 1 of the Administration Agreement. 2. Except as expressly modified by this amendment, the Administration Agreement remains in full force and effect as originally executed and thereafter amended from time to time. In the event of any conflict between the Administration Agreement and this amendment, this amendment shall control over the Administration Agreement to the extent necessary to give effect the intent of the parties hereunder. Dated this * day of April, 2016. Eagle Creek Land & Development, LLC, a Washington limited liability company � Mike Chaffeur Dated Its: Managing Member City of Auburn By; 3 3/ —Iu Dated Its: 1 �4I111 An -J �i✓1 %"I L-/1 .: �.L✓ Witnesseth: n / cf3- S/_ io,(o Auurn City Clerk Dated {03072e45.DOcx;i }Page 1 of 1