HomeMy WebLinkAboutItem VIII-B-9
AGENDA BILL APPROVAL FORM
Aqenda Subject
WSC04-0012 - Mr. Morris Spiess; Joseph T. Mijich
Department: Planning Attachments: Resolution No. 3791,
development agreement, water and
sewer certificate application including
site plan; public hearing posting
notice
Date:
November 23, 2004
Budget Impact:
Administrative Recommendation:
City Council adopt Resolution No. 3791.
Backqround Summary:
OWNERS:
APPLICANT:
ADDRESS:
PARCEL NUMBERS:
PROPOSAL:
Mr. Morris Spiess; Joseph T. Mijich
Mr. Joseph Singh, (JPS Holdings LLC)
North side of SE 316 Street/South side of SE 312th Street, generally west of
121 st Place SE
0921059016; 0921059197 and 0921059014
Request for water and sewer availability certificate for a proposed 78 lot
preliminary plat (with tracts) in unincorporated King County.
The proposal is a water and sewer availability certificate request for a proposed 78 lot preliminary plat in
unincorporated King County.
The project is located within the City's Potential Annexation Area and requires City water and sewer. It is
therefore subject to the requirements of City of Auburn Comprehensive Plan: City Expansion and
Annexation (Chapter 13) Policy CE-3. Policy CE-3 states:
L 1206-1
A3.13.8 WSC04-0012
Reviewed by Council & Committees:
D Arts Commission COUNCIL COMMITTEES:
D Airport 0 Finance
o Hearing Examiner 0 Municipal Servo
o Human Services [8J Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetery 0 Mayor
o Finance 0 Parks
o Fire [8J Planning
o Human Resources 0 Police
o Legal D Public Works
Action:
Committee Approval: OYes ONo
Council Approval: OYes ONo Call for Public Hearing _/_/-
Referred to Until _/_/-
Tabled Until _/_/-
Councilmember: Singer I Staff: Krauss
Meeting Date: December 6,2004 I Item Number: VIII.B.9
Aqenda Subject
WSC04-0012 - Mr. Morris Spiess; Joseph T. Mijich
Date:
November 23, 2004
"The City of Auburn shall require...as a condition of extending sewer and/or water utility
service to properties within the Potential Annexation Area...(but not adjacent to the City
limits)...the signing of a legally binding agreement to support annexation to the City at
such time as the City deems annexation appropriate. In these cases where immediate
annexation is either not required or not possible, the following conditions shall apply:
a. The property owner/developer shall demonstrate to the City's satisfaction that
adequate urban governmental services (including but not limited to storm and
sanitary sewer systems, streets and arterials, domestic water systems, parks and
open spaces, fire and police protection services, emergency medical services,
public schools and public transit services) will be provided to the development;
and
b. The City should pre-zone the subject property and the property owner/developer
shall agree to comply with appropriate City policies, subdivision and zoning
requirements where such requirements are not superseded by applicable County
requirements (in the event of significant conflict between City and County
requirements, the City may choose to not extend utility service)...; and
c. The property owner/developer shall agree to comply with appropriate City
development standards and public facility specifications where such
requirements are not superseded by applicable County requirements (in the
event of significant conflict between City and County requirements, the City may
choose to not extend utility service). Any facilities to be dedicated to the City of
Auburn upon completion (e.g. sewer and water lines and appurtenances) shall be
built strictly according to City standards and specifications...
FINDINGS OF FACT
1. The applicant is proposing to subdivide three contiguous parcels of slightly more than 14 acres
into 78 lots (with tracts) in King County. The subject parcels are located on the north side of SE
316h Street, generally west of 121 st Street Place. The westernmost parcel (Parcel Number
0921059016) also has street frontage on SE 312th Street.
2. The two easterly parcels are zoned "R6" in King County while the westernmost parcel is zoned
"R12" in King County. The properties are designated "Moderate Family Residential" on the City of
Auburn Comprehensive Plan map. The King County Assessor records show that the two
westernmost parcels each have a single-family dwelling on it; the remaining parcel is currently
vacant.
3. Auburn City Code (ACC) Section 14.18.070(A) identifies the findings that must be made for a
development agreement to be recommended for signing and states,
"A. The development agreement shall be recommended for signing only if
findings of fact are drawn to support the following:
1. The development is consistent with city development standards; and
2. The development is consistent with the city comprehensive plan; and
3. The property cannot be annexed immediately."
4. An analysis of the proposal against the criteria in ACC 14.18.070 (A) follows:
a. The development is consistent with city development standards.
The proposal has been reviewed by various city departments and satisfies city development
standards. Conditions should be imposed to ensure the city standards are satisfied.
Page 2 of 4
Aqenda Subject
WSC04-0012 - Mr. Morris Spiess; Joseph T. Mijich
Date:
November 23, 2004
b. The proposal is consistent with the Auburn Comprehensive Plan. The subject property is
designated "Moderate Family Residential" on the City of Auburn Comprehensive Plan Map.
The proposed development is consistent with the Auburn Comprehensive Plan designation.
c. The property cannot be annexed immediately.
The properties are not adjacent to existing City limits and there are several intervening
parcels between the existing city limits and these parcels. The property cannot therefore be
annexed immediately.
5. The Public Works Department has determined that water and sewer service is or can be made
available to the property. Specifically,
Water - Water service will require improvements to the water system involving a looped water
system with no dead ends.
Sewer - Sewer service will require the extension of sewer on to the site to serve the proposed
development. Service is subject to connection charges and the provision of easements.
In addition, the Public Works Department has informed the developer to be aware of the site's
topography so that the system will be deep enough to serve the site with gravity flow sewer.
6. In addition to meeting City standards for water and sewer provision, the water/sewer certificate
should, if granted, be conditioned to address the following items identified during the review process.
Traffic
· Local public street access shall be provided to both SE 316th Street and to SE 312th Street.
· Half street improvements shall be required on SE 312th Street to city standards for a non-
residential collector arterial.
· Half street improvements shall be required on SE 316th Street to city standards for a non-
residential collector arterial
· Ten (10) feet of right of way dedication shall be required on SE 316th Street
· Internal roads shall be constructed to City of Auburn standards for a local residential road.
· Access tracts shall meet City standards for width and improvement in accordance with
Auburn City Code (ACC) section 18.48.130.
· No direct access from individual lots shall be allowed to either SE 312th Street or to SE 316th
Street
· Streetlights shall be installed per City standards.
Fire
· Hydrants shall be provided per Auburn City Code (ACe) section 13.16.060.
· 119th Place SE; 120th Place SE and SE 314th St. shall be posted on one side as a fire lane
in accordance with ACC section 10.36.175.
Other
· The calculation and amount of any impact fees, including those for roads and parks, paid to
King County shall be reported to the City.
· All other applicable City development standards shall be complied with.
CONCLUSIONS
1. The findings of fact indicate that the proposal can be made consistent with City Comprehensive Plan
Policy CE-3.
Page 3 of 4
Aqenda Subject
WSC04-0012 - Mr. Morris Spiess; Joseph T. Mijich
Date:
November 23, 2004
· Adequate urban services will be provided to the development;
· Development can comply with King County standards for zoning and permitting; and,
· The applicant shall comply with City public facility standards.
2. The applicant's proposal has met the criteria for the granting of a water/sewer availability certificate
identified in ACC 14.18.070(A).
RECOMMENDATION
Based on the facts and findings and conclusions of the staff report, staff recommends that Planning and
Community Development Committee recommend to the City Council approval of the development
agreement subject to the following conditions:
Water/Sewer
1. Water service will require improvements to the water system involving a looped water system with
no dead ends.
2. Sewer service will require the extension of sewer on to the site to serve the proposed
development. Service is subject to connection charges and the provision of easements. The
developer needs to be aware of the site's topography so that the system will be deep enough to
serve the site with gravity flow sewer.
Traffic
3. Local public street access shall be provided to both SE 316th Street and to SE 312th Street.
4. Half street improvements shall be required on SE 312th Street to city standards for a non-
residential collector arterial.
5. Half street improvements shall be required on SE 316th Street to city standards for a non-
residential collector arterial
6. Ten feet of right of way dedication shall be required on SE 316th Street
7. Internal roads shall be constructed to City of Auburn standards for a local residential road.
8. Access tracts shall meet City standards for width and improvement in accordance with Auburn
City Code (ACC) section 18.48.130.
9. No direct access from individual lots shall be allowed to either SE 312th Street or to SE 316th
Street.
10. Streetlights shall be installed per City standards.
Fire
11. Hydrants shall be provided per Auburn City Code (ACC) section 13.16.060.
12. 119th Place SE; 120th Place SE and SE 314th St. shall be posted on one side as a fire lane in
accordance with ACC section 10.36.175.
Other
13. The calculation and amount of any impact fees, including those for roads and parks, paid to King
County shall be reported to the City.
14. All other applicable City development standards shall be complied with.
At their meeting on November 22, 2004, the Planning and Community Development Committee
recommended approval.
PCDC\WSC04-12
L 1206-1
Page 4 of 4
RESOLUTION NO.3 7 9 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF AUBURN AND JPS HOLDINGS LLC
FOR DEVELOPMENT OF WATER AND SEWER SERVICES FOR
PROPERTY LOCATED AT 11911 SE 312TH STREET, AUBURN,
WASHINGTON
WHEREAS, pursuant to RCW 36.70B.170 through .210, (;jties are
authorized to enter into agreements for development projects whE~reby the
development standards, including impact fees, SEPA requirements and
mitigation, design standards, phasing issues, review procedures, vesting
issues, and any other appropriate development requirements, are defined; and,
WHEREAS, JPS Holdings LLC, has a project for the development of
water and sewer services for property located at 11911 SE 31 zih Street,
Auburn, Washington, that would benefit from such a development agreement,
so that the development requirements can be planned with certainty, not only
as to the more immediate portions of the project, but also as to later planned
phases, and as to the types of improvements that will be built; and,
WHEREAS, state law requires that such projects be consisltent with
current local regulatory requirements, and the Development Agreement would
-------------------------------------
Resolution No. 3791
December 1, 2004
Page 1
be able to assure such consistency, while at the same time fixing requirements
for future planned phases; and,
WHEREAS, pursuant to RCW 36.70B.200, a public hearing before the
Auburn City Council Planning and Community Development Committee was
held on the 22nd date November, 2004, on the proposed development
agreement, at which public hearing those persons whishing to speak to the
issues were afforded an opportunity to do so; and,
WHEREAS, it j;s in the
public interest and best interests of the City to enter into such a Development
Agreement with JPS Holdings LLC for development of water and sewer
services for property located at 11911 SE 31 zth Street, Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF P,UBURN,
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 an Agreement between the City of Auburn
and JPS Holdings LLC for the development of water and sewer services for
property located at 11911 SE 312th Street, Auburn, Washington to be located
within the City of Auburn, which agreement shall be in substantial ccmformity
with the Agreement a copy of which is attached hereto, marked as Exhibit "A"
and incorporated herein by this reference.
-------------------------------------
Resolution No. 3791
December 1, 2004
Page 2
Section 2. The Mayor is hereby further authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation, including recording the development agreement with the real
property records of King County, Washington, pursuant to RCW 36.7013.190.
Section 3. This resolution shall be in full force and affl~ct upon
passage and signatures hereon.
DATED and SIGNED this _ day of December, 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
------------------------------------
Resolution No. 3791
December 1, 2004
Page 3
DEVELOPMENT AGREEMENT
(DECLARATION OF COVENANT)
Return Address Citv of Auburn
Plannino Dept. 25 West Main Street
Auburn, WA 98001
WSC 04-0012
Parcel Number(s! 0921059016: 0921059197 and 0921059014
Additionalleoal on paoe 9
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and JPS
Holdings and the heirs, assigns, and/or successors in interest of certClin property,
hereinafter referred to as "OWNER," is for and in consideration of the furnishing of
utility service by the CITY to certain property of the OWNER hereinafter referred
to as "PROPERTY." The OWNER does hereby declare this covenant.
1. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree as follows:
1.1. The OWNER is the owner of certain PROPERTY, which is located
outside the corporate limits of the CITY.
1.2. The OWNER is seeking Preliminary Plat approval from King County
for the PROPERTY.
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1.3. The OWNER has requested the CITY to furnish water and sewer
services to the PROPERTY, which the owner understands and agrees may be
lirnited by issues including the Endangered Species Act (ESA) and other
governmental agencies.
1 .4. This Agreement to extend water and sewer services outside the
corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170
and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020
and therefore the provisions of RCW 82.02.020 shall not be applied hereto.
1.5. This Agreement does not preclude any evaluation and
determination by the CITY that later development actions or proposals
undertaken by the OWNER may require a determination of significance and
environmental review under SEPA.
1.6. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION
AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY
in its Comprehensive Plan pursuant to the King County and Pierce County
Countywide Planning Policies.
1.7. It is in the interest of the citizens of the CITY to insure that all
developments which are or could be constructed within the corporate limits of
the CITY or will be ultimately annexed into the CITY, are constructed in
accordance with CITY development standards as defined by section
14.18.006(C) of the Auburn City Code.
1.8. The OWNER'S request for the extension of utility services was duly
considered by the CITY, and it was determined that the furnishing of wafer and
sewer services to the PROPERTY would be proper upon the fulfilling of all
conditions and covenants herein.
1.9. The OWNER does hereby acknowledge that in the event of violation
or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the
invalidation of this AGREEMENT by judicial action, operation of law or otherwise,
RES 3791
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the CITY reserves the right at its sole discretion to immediately terminate the
provision of utility service to the PROPERTY and in such case the Owner agrees to
indemnify and hold the CITY harmless from any and all claims of any party.
2. PROPERTY DESCRIPTION
The PROPERTY is hereby described as follows: 11911 SE 312th Street, Auburn
The PROPERTY Is legally described In Attachment A, attached hereto and represented
by reference as If set forth In full. The OWNER warrants that Attachment A Is correct as
fully describing subject PROPERTY.
3. COVENANT
The OWNER, in consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby covenant as follows:
3.1 The OWNER agrees on his/her/their behalf and on behalf of
his/her/their heirs, successors and assigns that the OWNER will not protest the
future formation of any local improvement district for any or all of the following:
domestic water, sewer service, streets, street lighting and storm water facilities,
including regional detention and water quality facilities, for any district which
includes the PROPERTY affected by this agreement.
4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF
APPROVAL
The OWNER, in consideration of the CITY'S agreement to provide
water and sewer utility services to the PROPERTY, and in recognition of the CITY's
conditions for annexation of the PROPERTY, does hereby agree to comply with
the following:
4.1. Water service will require improvements to the water system
involving a looped water system with no dead ends.
4.2. Sewer service will require the extension of sewer on to the site to
serve the proposed development. Service is subject to connection
charges and the provision of easements. The developer needs to be
RES 3791
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aware of the site's topography so that the system will be deep enough to
serve the site with gravity flow sewer.
4.3. Local public street access shall be provided to both SE 316th Street
and to SE 312th Street.
4.4. Half street improvements shall be required on SE 312th SlIreet to city
standards for a non-residential collector arterial.
4.5. Half street improvements shall be required on SE 316th SlIreet to city
standards for a non-residential collector arterial.
4.6. Ten feet of right of way dedication shall be required on SE 316th
Street.
4.7. Internal roads shall be constructed to City of Auburn standards for a
local residential road.
4.8. Access tracts shall meet City standards for width and improvement
in accordance with Auburn City Code {ACe¡ section 18.48.130.
4.9. No direct access from individual lots shall be allowed to either SE
312th Street or to SE 316th Street.
4.10. Streetlights shall be installed per City standards.
4.11. Hydrants shall be provided per Auburn City Code {ACe¡ section
13.16.060.
4.12. 119th Place SE; 120th Place SE and SE 314th St. shall be posted on
one side as a fire lane in accordance with ACC section 10.36.175.
4.13. The calculation and amount of any impact fees, including those for
roads and parks, paid to King County shall be reported to the City.
4.14. All other applicable City development standards shall be complied
with.
5. GENERAL PROVISIONS
The OWNER and the CITY do hereby acknowledge and agree to
the following provisions, which apply to the entire Agreement herein.
5.1. The OWNER agrees that all future land use and development on the
PROPERTY will meet all land use and development standards of the CITY. In the
event of a conflict between CITY standards and any applicable County
standards, the more restrictive standards as determined by the CITY shall apply.
RES 3791
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5.2. Nothing in this agreement shall be construed to create ony financial
obligation on the part of the CITY with regard to annexation, construction of
utility facilities and appurtenances, or any other matter. The OW~~ER and the
CITY hereby acknowledge that it is the OWNER'S responsibility to finance the
design and construction of utility facilities needed to serve OWNER'S property
consistent with CITY plans and specifications, unless otherwise agl'eed by the
CITY.
5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and
approval prior to construction, and CITY inspection during construction of all
public improvements as they are built, regardless of the ownership of such
improvements, and shall reimburse the CITY for any reasonable costs incurred in
such plan review and inspection.
5.4. No modifications of this Agreement shall be made unl,sss mutually
agreed upon by the parties in writing.
5.5. If for any reason of any default or breach on the part of either the
OWNER or the CITY in the performance of any of the provisions of this Agreement
a legal action is instituted. the party not prevailing agrees to pay all reasonable
costs and attorney fees and costs in connection therewith. It is hereby agreed
that the venue of any legal action brought under the terms of this Agreement
shall be King County, Washington. The applicable laws, rules, and regulations of
the State of Washington and the CITY shall govern this Agreement.
5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall
inure to the benefit and become binding upon the heirs, assigns and/or
successors in interest of the parties hereto and is a covenant running with the
land. The OWNER agrees to indemnify and hold the CITY harmless from any
claims that any subsequent purchaser may have as a result of this .Agreement.
including CITY's attorney fees and costs.
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5.7. Any notice or demand required or permitted to be given under this
Agreement shall be sufficient if given in writing and sent by registered or certified
mail, return receipt requested, to the address of the parties set forth below. Any
notice shall be deemed to have been given on the date it is deposited in the
U.S. Postal Service mail with postage prepaid.
5.7.1 The OWNER warrants that the OWNER will undertake, and be
responsible for, all notifications, including recording, to all parties of interest and
future parties of interest.
5.8. In the event that any term, provision, condition, clause or other
portion of this Agreement be held to be inoperative, invalid, void, or in conflict
with applicable provision, condition, clause or other portion of this Agreement,
and the remainder of this Agreement shall be effective as if such term, provision,
condition or other portion had not been contained herein, and to j-his end, the
terms of this Agreement are declared by the parties to be severable..
5.9. Upon execution, this Agreement shall be recorded with the King
County Auditor's office. The OWNER shall be responsible for recording and shall
provide evidence of such recording to the CITY.
IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this
Agreement as of this _ day of , 2004.
CITY OF AUBURN
PETER B. LEWIS
MA YOR
RES 3791
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Page 6
ATTEST:
Danielle Daskam
City Clerk
STATE OF WASHINGTON )
) ss
COUNTY OF King )
On this day of , 2004, Ibefore me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared PETER B. LEWIS and DANIELlLE DASKAM,
to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who
executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said City of Auburn, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute said
instrument on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth.
NAME
NOTARY PUBLIC in and for the State of
Washington, residing at
MY COMMISSION EXPIRES:
RES
WSC040-0012
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Page 7
OWNERS:
Mr. Morris Spiess
Joseph T. Mijich
BY REPRESENTATIVE:
Joe Singh of JPS Holdings
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day of , 2004, before me,
the undersigned, a Notary Public in and for the state of Washington, duly
commissioned and sworn, personally appeared Joe SIngh, the President of JPS
Holdings, the REPRESENTATIVE that executed the within and foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said
OWNERS, for the uses and purposes therein mentioned, and on oath stated that they
are authorized to execute said instrument on behalf of said OWNERS.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
(Printed Name)
NOTARY PUBLIC in and for the State of Wmhington,
residing at
MY COMMISSION EXPIRES:
RES
WSC040-0012
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Page 8
ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL A: THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST.
W.M" IN KING COUNTY, WASHINGTON;
EXCEPT THAT PART IN ROADS:
PARCEL B: LOTS 1 AND 2, KING COUNTY SHORT PLAT NO. 576078R, ACCORDING
TO THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO.
7905040835:
SAID SHORT PLAT BEING A PORTION OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21
NORTH, RANGE 5 EAST. W.M" IN KING COUNTY, WASHINGTON.
............................................................................................................................................
RES
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