HomeMy WebLinkAbout12-20-2004 ITEM VIII-B-7* I — *.
A:CF
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 3798 for
Date:
WSC04-0013
December 14, 2004
Department: Planning
Attachments: Resolution No. 3798,
Budget Impact:
application including site plan, notice
of public hearing, development
agreement
Administrative Recommendation:
City Council adopt Resolution No. 3798.
Background Summary:
OWNER: Mr. Elmer Hautala
APPLICANT: Mr. Dennis Johnson (Fremantle Development); Shupe Holmberg (Baima and Holmberg)
ADDRESS: Property is vacant, but is generally located west of 122nd Avenue SE, south of SE 304th
Street.
PARCEL NUMBER: King County Assessor's parcel number 0921059176
PROPOSAL: Request for water and sewer availability certificate for a proposed 20 lot preliminary plat
(with tracts) in unincorporated King County.
The proposal is a water and sewer availability certificate request for a proposed 20 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, in part:
"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:
L1220-3 A3.13.8
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ 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: Singer Staff: Krauss
Meeting Date: December 20, 2004 Item Number: VIII.B.7
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Resolution No. 3798 for Date:
WSC04-0013 December 14, 2004
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 a 5.23 acre parcel into 20 lots (with tracts) in unincorporated
King County. The parcel is are zoned "R6" in King County and the King County Assessor records show
that the parcel is vacant.
2. The subject parcel is generally located west of 122nd Avenue SE, south of SE 304th Street. Access is
proposed through Kingsley Meadows, a recent 56 lot subdivision located to the east and south of the
proposed development. There is a private gravel road (122nd Place SE) to the east that accesses SE
304th Street. The applicant has indicated that an easement from the subject pro�erty to that private road
exists but access to SE 304th Street using that easement is not proposed. 122" Place SE is currently an
easement that is to be dedicated to King County as a street right-of-way upon King County's demand.
There is also some dispute within the neighborhood over access rights to that road.
3. Critical areas exist on site. The applicant is attempting to secure the water sewer availability certificate
from the city by the end of the year so that he may submit an application to King County prior to the
County's implementation of the CAO ordinance January, 1, 2005.
4. 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."
5. 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 with the exception of a modification
request (see below). Conditions should be imposed to ensure the city standards are satisfied.
b. The proposal is consistent with the Auburn Comprehensive Plan. The subject property is designated
"Single Family Residential" on the City of Auburn Comprehensive Plan Map. The proposed development
is consistent with the Auburn Comprehensive Plan designation. The density proposed (20 units on 5.23
acres or about 3.8 units/acre) is consistent with the City's "Single Family Residential" Comprehensive
Plan designation density.
Page 2 of 6 Item VII1.B.7
Agenda Subject: Resolution No. 3798 for Date:
WSC04-0013 December 14, 2004
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.
6. Water/Sewer. The Public Works Department has determined that water and sewer service is or can
be made available to the property. Specifically, the following comments on the revised site plan dated
11/12/04:
Water
• Water shall be extended through Tract E with an eight (8) inch diameter pipe and a hydrant shall
be installed.
• An easement northward from Tract E through lot 6 or 7 shall be provided to the City of Auburn for
future looping of the water line per ACC 13.08.020 and 13.16.090.
Sewer
An 8" diameter sewer main shall be extended from Auburn's existing Manhole 513-86 to provide
service to and through the proposed development to the northern boundary to provide service to
the two lots located north of the property.
• Easements providing access to manholes shall be maintained with a proper all weather surface
that will support the City cleaning vehicles.
Grinder pumps shall be avoided wherever possible.
Service is subject to connection charges (including payback charges) and easements.
6. Other City standards. 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.
Storm Drainage
The storm drainage system shall be required to be built to City of Auburn Standards
Traffic
•A half street improvement shall be constructed off site from the proposed development to 122nd Avenue
SE (in Kingsley Meadows). The half street improvement shall be comprised of 24 feet of ACP and curb
gutter and sidewalk on the south side to allow for two way travel.
•SE 305th Place shall be redesigned to eliminate the pinch point in the vicinity of Lot 20.
*The sidewalk on the south side of SE 304th PL. shall be designed to abut the property line.
•To ensure that traffic flows are safely separated, lanes on SE 305th Place into the plat shall be marked
with permanent buttons or thermoplastic to the satisfaction of the City Engineer. A guarantee that the
lane markings will be maintained shall be provided.
*To prevent general traffic from circulating east of the 122nd Place SE and SE 305th Place intersection to
SE 304th Street, a barricade shall be placed immediately east of the intersection of SE 305th Place and
122nd Ave SE. The barricade shall be designed to the satisfaction of the Fire Marshall so that it does not
interfere with providing secondary emergency access to Hazel View.
•A direct pedestrian connection either north to SE 304th Street or west to Hazelwood Elementary (if the
school district concurs) shall be provided. (This pedestrian access would eliminate a multiple thousand -
foot walk out of direction along rural arterials to connect to an elementary school, which abuts the
proposed Hazel View plat to the west.)
*Street lights shall be provided to City standards.
•AII access tracts shall be designed to City standards for width and improvement.
Fire
Page 3 of 6 Item VIII.B.7
Agenda Subject: Resolution No. 3798 for
WSC04-0013
Date:
December 14. 2004
,Fire lanes per ACC 10.36.175 shall be posted on SE 305th Place and within the internal plat road and
tracts.
•Fire hydrants must be installed per ACC 13.16.060.
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.
7. Request for modification Comprehensive Plan Policy TR 13 B. 4 provides that no more than 75
dwelling units may access the collector or arterial system via a single access point. The applicant's
proposed 20 lot preliminary plat in conjunction with the 56 lot Kingsley Meadows plat results in 76 units
accessing the collector arterial system at 124th Avenue SE. The applicant has therefore requested a
modification to this standard.
Auburn City Code (ACC) 14.18.070(B) provides for requests to modify a development standard. ACC
Section 14.18.070 (B) states:
"14.18.070(B)
B. Modifications to city development standards may be granted only if findings of fact are drawn
to support the following:
1. That special circumstances related to the size, shape, topography, location or surroundings of
the subject property do not provide the owner with the development rights and privileges
permitted to other similar properties in the vicinity and in the zoning district in which the subject
property is located; or
2. That, because of the special circumstances, the development of the property in strict
conformity with city standards will not allow a reasonable and harmonious use of the property; or
3. When applying city standards will result in a distinct "discontinuity" with adjacent development
which was previously approved or constructed to county standards; or.
4. When applying city standards puts the developer in a position where the county will not allow
that development to take place."
In reviewing the request, adherence to the City standard for a second access to the proposed Hazel View
Plat would likely require a new street intersection on SE 304th. As a result of recent development (new
intersections now approved to the west and east of Hazel View on 304th ) and field investigations
regarding sight distance on SE 304th, both the County and Auburn are concerned about permitting yet
another access point to SE 304th since sight distance and intersection spacing there are substandard.
Based on this, and given that 122nd Place SE still provides for another second access to the site were an
emergency to occur, the modification requirement should be granted.
8. Land Use Impact. The purpose of the water/sewer availability certificate process is to address public
facility standards since these are costly to improve to city standards should annexation take place.
Although the City typically defers to King County on land use standards, the additional traffic generated
by the proposed Hazel View development and accessing the proposed development on 122nd Avenue
SE (northbound) could create headlight glare impacts on the property to the north. If approved, staff
should be directed to write King County a letter expressing this concern and the need for some type of
buffer during the King County plat process.
CONCLUSIONS
Page 4 of 6 Item VIII.B.7
Agenda Subject: Resolution No. 3798 for Date:
WSC04-0013 December 14, 2004
1. The findings of fact indicate that the proposal can be made consistent with City Comprehensive Plan
Policy CE -3.
"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).
3. The request for modification to allow one additional lot (76 rather than 75) to access the collector or
arterial system via a single access point should be granted.
RECOMMENDATION
Based on the facts and findings and conclusions of the staff report, staff recommends the following three
items:
A. Planning and Community Development Committee recommend to the City Council approval of the
development agreement subject to the following conditions:
Water
1. Water shall be extended through Tract E with an 8 inch diameter pipe and a hydrant shall be installed.
2. An easement northward from Tract E through lot 6 or 7 shall be provided to the City of Auburn for
future looping of the water line per ACC 13.08.020 and 13.16.090.
Sewer
3. An 8" diameter sewer main shall be extended from Auburn's existing Manhole 513-86 to provide
service to and through the proposed development to the northern boundary to provide service to the two
lots located north of the property.
4. Easements providing access to manholes shall be maintained with a proper all weather surface that
will support the City cleaning vehicles.
5. Grinder pumps shall be avoided wherever possible.
6. Service is subject to connection charges (including payback charges) and easements.
Storm Comments:
7. Required to build storm drainage system to City of Auburn Standards
Traffic
8. A half street improvement shall be constructed off site from the proposed development to 122nd
Avenue SE (in Kingsley Meadows). The half street improvement shall be comprised of 24 feet of ACP
and curb gutter and sidewalk on the south side to allow for two way travel.
9. SE 305th Place shall be redesigned to eliminate the pinch point in the vicinity of Lot 20.
10.The sidewalk on the south side of SE 304th PL. shall be designed to abut the property line.
11. To ensure that traffic flows are safely separated, lanes on SE 305th Place into the plat shall be
marked with permanent buttons or thermoplastic to the satisfaction of the City Engineer. A guarantee
that the lane markings will be maintained shall be provided.
12. To prevent general traffic from circulating east of the 122nd Place SE and SE 305th Place
intersection to SE 304th Street, a barricade shall be placed immediately east of the intersection of SE
305th Place and 122nd Ave SE. The barricade shall be designed to the satisfaction of the Fire Marshall
so that it does not interfere with providing secondary emergency access to Hazel View.
13. A direct pedestrian connection either north to SE 304th Street or west to Hazelwood Elementary (if
the school district concurs) shall be provided. (This pedestrian access would eliminate a multiple
thousand -foot walk out of direction along rural arterials to connect to an elementary school, which abuts
the proposed Hazel View plat to the west.)
Page 5 of 6 Item VIII.B.7
Agenda Subject: Resolution No. 3798 for
WSC04-0013
Date:
December 14, 2004
14. Street lights shall be provided to City standards.
15. All access tracts shall be designed to City standards for width and improvement.
16. Street lights shall be provided to City standards
Fire
17. Fire lanes per ACC 10.36.175 shall be posted on SE 305th Place and within the internal plat road and
tracts.
18. Fire hydrants must be installed per ACC 13.16.060.
Other
19. The calculation and amount of any impact fees, including those for roads and parks, paid to King
County shall be reported to the City.
20. All other applicable City development standards shall be met.
B. That a modification to city standards be granted to allow 76 units to access the collector arterial
system at 124th Ave SE rather than a maximum of 75.
C. That staff be directed to write King County a letter expressing the need for a buffer to mitigate
headlight glare from northbound traffic accessing the proposed development on the property to the north
of 122nd Ave. SE .
At their meeting on December 13, 2004, the Planning and Community Development Committee
recommend approval.
PCDC\WSC04-13
L1220-3
Page 6 of 6 Item VIII.B.7
RESOLUTION NO. 3 7 9 8
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 FREMANTLE
DEVELOPMENT FOR DEVELOPMENT OF WATER AND SEWER
SERVICES FOR PROPERTY LOCATED AT SE 305TH PLACE
NORTH OF 122ND AVENUE SE
WHEREAS, pursuant to RCW 36.70B.170 through .210, cities are
authorized to enter into agreements for development projects whereby 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, Fremantle Development has a project for the development
of water and sewer services located at SE 305th Place North of 122nd Avenue
South 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 consistent with
current local regulatory requirements, and the Development Agreement would
Resolution No. 3798
December 15, 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 13th day of December, 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 is in the public interest and best interests of the City to
enter into such a Development Agreement with Fremantle Development for
development of water and sewer services located at SE 305th Place North of
122nd Avenue South.
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 an Agreement between the City of Auburn
and Fremantle Development for the development of water and sewer services
located at SE 305th Place North of 122nd Avenue South to be located within the
City of Auburn, 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.
--------------------------------------
Resolution No. 3798
December 15, 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 36.70B.190.
Section 3. This resolution shall be in full force and affect 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
s!�'AMNAM �
Daniel B. Held;
City Attorney
Resolution No. 3798
December 15, 2004
Page 3
DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
Planning Dept. 25 West Main Street
Auburn, WA 98001
WSC04-0013
Parcel Number(s) 092105-9176
Additional legal on page 11
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
Fremantle Development and the heirs, assigns, and/or successors in interest of
certain property, hereinafter referred to as "OWNER", is for and in consideration
of the furnishing of utility service by the CITY to certain property of the OWNER
hereinafter referred to as "PROPERTY". The OWNER does hereby petition for and
agree to annexation of the PROPERTY to the CITY, and does hereby agree to the
conditions of annexation herein, and 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 a preliminary plat approval from King County
for the PROPERTY.
1.3. The OWNER has requested the CITY to furnish water and sewer
services to the PROPERTY, which the owner understands and agrees may be
limited by issues including the Endangered Species Act (ESA) and other
governmental agencies.
1.4. This Agreement to extend water and sewer services outside the
corporate limits of the CITY is authorized by RCW 35.67.310 and RCW 35.92.170
RES 3798
WSC04-0013
05/11/04
Page 1
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 CITY'S Comprehensive Plan requires annexation or a
commitment to future annexation and compliance with certain other conditions
as a prerequisite for the extension of utility service outside the corporate limits of
the CITY.
1.7. Washington law recognizes a City's requirement of an annexation
agreement or a commitment to future annexation as a condition of extending
utility service outside the corporate limits of the CITY.
1.8. Extension of utility services beyond CITY limits is subject to the
authority of the King County Boundary Review Board, and said Board requires
that such extensions be conditioned on annexation or efforts toward
annexation.
1.9. 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.
1.10. 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.
1.11. The OWNER'S request for the extension of utility services was duly
considered by the CITY, and it was determined that the furnishing of water and
sewer services to the PROPERTY would be proper upon the fulfilling of all
conditions and covenants herein.
1.12. The OWNER does hereby acknowledge that in the event of violation
or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the
RES 3798
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invalidation of this AGREEMENT by judicial action, operation of law or otherwise,
the CITY reserves the right at its sole discretion to immediately terminate the
provision of utility service to the PROPERTY and in such case the Owner agrees to
indemnify and hold the CITY harmless from any and all claims of any party.
2. PROPERTY DESCRIPTION
The PROPERTY is hereby described as follows: SE 305th Place (if extended) north
of 122nd Avenue SE
The PROPERTY is legally described in Attachment A, attached hereto and represented
by reference as if set forth in full. The OWNER warrants that Attachment A is correct as
fully describing subject PROPERTY.
3. PETITION AND COVENANT FOR ANNEXATION
The OWNER, in consideration of the CITY'S agreement to provide utility
service to the PROPERTY, does hereby petition, agree and covenant as follows:
3.1. The OWNER does hereby apply for and petition for annexation of
the PROPERTY to the CITY and thereby agrees, promises and covenants that if at
any time the PROPERTY is included within any area which is being considered for
annexation to the CITY, said OWNER does join in said annexation and by this
PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition
referred to herein is irrevocable. The OWNER recognizes and agrees that by
signing this Agreement, the PROPERTY of the OWNER will automatically be
included as a property to be annexed in the event the PROPERTY is within a
proposed annexation area.
3.2. The OWNER agrees to execute all necessary documents such as
applications, letters, notices, petitions or other instruments initiating, furthering or
accomplishing the annexation of the PROPERTY to the CITY, whether or not the
annexation involves the assumption by the area to be annexed of existing CITY
indebtedness, the application to the area to be annexed of the CITY
Comprehensive Plan and land use controls, and such other conditions as the
CITY may lawfully impose. The OWNER, for him/her/themselves and for
his/her/their heirs, successors and assigns, agrees and covenants with the CITY,
and to the present and future owners of the PROPERTY to which this covenant
RES 3798
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relates, that this agreement is to constitute a covenant running with the land,
and shall burden such land that he/she/they shall, whenever so requested,
execute such letters, notices, petitions or other instruments. Owner agrees to
immediately record this document and specifically advise future interests in the
property.
3.3. The OWNER recognizes that the laws of the State of Washington
relating to the annexation of property by a city provides that property may be
annexed to a city if property owners, equal to sixty percent of the assessed
value of property within the area proposed to be annexed, sign a petition for
such an annexation.
3.3.1 The OWNER further recognizes that other methods of annexation are
allowed under the laws of the State of Washington, including the election
method.
3.4. The OWNER understands that the OWNER'S signatures on this
Agreement is an admission that the OWNER understands the certain rights which
the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving
such rights in consideration of receiving the described utility services.
3.5. The OWNER understands and agrees that upon annexation by the
CITY, the PROPERTY annexed shall be assessed and taxed at the same rate and
on the same basis as property within the CITY is assessed and taxed to pay for
any then outstanding indebtedness of the CITY which was contracted prior to, or
existing at, the date of annexation.
3.6 The undersigned OWNER of the PROPERTY, on behalf of
himself/herself/themselves, his/her/their heirs, successors and assigns, hereby
designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the
purpose of signing any petition leading to the annexation of said PROPERTY to
the CITY, with full power to do and perform any, proper act which the OWNER
may do with respect to the annexation of said real property. The CITY may
exercise this power through its City Clerk or otherwise as the CITY COUNCIL may
direct. This Special Power of Attorney is given for the valuable consideration of
the furnishing of water and/or sewer service by the CITY, and this Special Power
of Attorney is further given as security for performance of the annexation
RES 3798
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covenant obligation set forth herein. This Special Power of Attorney is not
revocable and shall not be affected by the disability of the principal.
3.7 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 shall be extended through Tract E with an 8 inch diameter
pipe and a hydrant shall be installed.
4.2. An easement northward from Tract E through lot 6 or 7 shall be
provided to the City of Auburn for future looping of the water line per ACC
13.08.020 and 13.16.090.
4.3. An 8" diameter sewer main shall be extended from Auburn's existing
Manhole 513-86 to provide service to and through the proposed development
to the northern boundary to provide service to the two lots located north of the
property.
4.4. Easements providing access to manholes shall be maintained with a
proper all weather surface that will support the City cleaning vehicles.
4.5. Grinder pumps shall be avoided wherever possible.
4.6. Service is subject to connection charges (including payback
charges) and easements.
4.7. Required to build storm drainage system to City of Auburn Standards.
4.8. A half street improvement shall be constructed off site from the
proposed development to 122nd Avenue SE (in Kingsley Meadows). The half
street improvement shall be comprised of 24 feet of ACP and curb gutter and
sidewalk on the south side to allow for two way travel.
4.9. SE 305th Place shall be redesigned to eliminate the pinch point in the
vicinity of Lot 20.
RES 3798
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05/11/04
Page 5
4.10. The sidewalk on the south side of SE 304th PL. shall be designed to abut the
property line.
4.11. To ensure that traffic flows are safely separated, lanes on SE 305th Place
into the plat shall be marked with permanent buttons or thermoplastic to the
satisfaction of the City Engineer. A guarantee that the lane markings will be
maintained shall be provided.
4.12. To prevent general traffic from circulating east of the 122nd Place SE and
SE 305th Place intersection to SE 304th Street, a barricade shall be placed
immediately east of the intersection of SE 305th Place and 122nd Ave SE. The
barricade shall be designed to the satisfaction of the Fire Marshall so that it does
not interfere with providing secondary emergency access to Hazel View.
4.13. A direct pedestrian connection either north to SE 304th Street or west to
Hazelwood Elementary (if the school district concurs) shall be provided. (This
pedestrian access would eliminate a multiple thousand -foot walk out of
direction along rural arterials to connect to an elementary school, which abuts
the proposed Hazel View plat to the west.)
4.14. Street lights shall be provided to City standards.
4.15. All access tracts shall be designed to City standards for width and
improvement.
4.16. Street lights shall be provided to City standards
4.17. Fire lanes per ACC 10.36.175 shall be posted on SE 305th Place and within
the internal plat road and tracts.
4.18. Fire hydrants must be installed per ACC 13.16.060.
4.19. The calculation and amount of any impact fees, including those for roads
and parks, paid to King County shall be reported to the City.
4.20. All other applicable City development standards shall be met.
5. GENERAL PROVISIONS
The OWNER and the CITY do hereby acknowledge and agree to
the following provisions, which apply to the entire Agreement herein.
5.1. The OWNER agrees that all future land use and development on the
PROPERTY will meet all land use and development standards of the CITY. In the
event of a conflict between CITY standards and any applicable County
standards, the more restrictive standards as determined by the CITY shall apply.
5.2. Nothing in this agreement shall be construed to create any financial
obligation on the part of the CITY with regard to annexation, construction of
utility facilities and appurtenances, or any other matter. The OWNER and the
RES 3798
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■
CITY hereby acknowledge that it is the OWNER'S responsibility to finance the
design and construction of utility facilities needed to serve OWNER'S property
consistent with CITY plans and specifications, unless otherwise agreed by the
CITY.
5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and
approval prior to construction, and CITY inspection during construction of all
public improvements as they are built, regardless of the ownership of such
improvements, and shall reimburse the CITY for any reasonable costs incurred in
such plan review and inspection.
5.4. No modifications of this Agreement shall be made unless mutually
agreed upon by the parties in writing.
5.5. If for any reason of any default or breach on the part of either the
OWNER or the CITY in the performance of any of the provisions of this Agreement
a legal action is instituted, the party not prevailing agrees to pay all reasonable
costs and attorney fees and costs in connection therewith. It is hereby agreed
that the venue of any legal action brought under the terms of this Agreement
shall be King County, Washington. The applicable laws, rules, and regulations of
the State of Washington and the CITY shall govern this Agreement.
5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall
inure to the benefit and become binding upon the heirs, assigns and/or
successors in interest of the parties hereto and is a covenant running with the
land. The OWNER agrees to indemnify and hold the CITY harmless from any
claims that any subsequent purchaser may have as a result of this Agreement,
including CITY's attorney fees and costs.
5.7. Any notice or demand required or permitted to be given under this
Agreement shall be sufficient if given in writing and sent by registered or certified
mail, return receipt requested, to the address of the parties set forth below. Any
notice shall be deemed to have been given on the date it is deposited in the
U.S. Postal Service mail with postage prepaid.
5.7.1 The OWNER warrants that the OWNER will undertake, and be
responsible for, all notifications, including recording, to all parties of interest and
future parties of interest.
RES 3798
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5.8. In the event that any term, provision, condition, clause or other
portion of this Agreement be held to be inoperative, invalid, void, or in conflict
with applicable provision, condition, clause or other portion of this Agreement,
and the remainder of this Agreement shall be effective as if such term, provision,
condition or other portion had not been contained herein, and to this end, the
terms of this Agreement are declared by the parties to be severable.
5.9. Upon execution, this Agreement shall be recorded with the King
County Auditor's office. The OWNER shall be responsible for recording and shall
provide evidence of such recording to the CITY.
IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this
Agreement as of this day of 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
RES 3798
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ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
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 PETER B. LEWIS and DANIELLE 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 3798
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OWNER: Fremantle Development
BY REPRESENTATIVE:
Dennis Johnson
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 Dennis Johnson, the Owner of
Fremantle Development, the REPRESENTATIVE that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said OWNER, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute said instrument on behalf of said OWNER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth.
(Printed Name)
NOTARY PUBLIC in and for the State of Washington,
residing at
MY COMMISSION EXPIRES:
RES 3798
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Page 10
ATTACHMENT A
LEGAL DESCRIPTION:
ALL LOT 1 OF KC SHORT PLAT #584147 REC.#8502190360 (SAID SHORT PLAT
LOCATED IN WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SEC. 9-21-5) TOGETHER WITH LOT 2 OF SAID SHORT PLAT; LESS
PORTION LYING WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID NORTHEAST QUARTER THE NORTHWEST OF SEC. 9-
21-5.
ALSO KNOWN AS LOT 1 OF KC LLA #870615 REC. #871050307
RES 3798
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Page 11
RECEIVED
DEC 1 3 2004
PLANNING DEPARTMENt
A. L. T. A. COMMITMENT
SCHEDULE B
(Continued)
Our No. 126135
Your No. 10612—DN
6. RESTRICTIONS CONTAINED IN KING COUNTY SHORT PLAT NUMBER 584147 UNDER
RECORDING NUMBER 8502190360, AS FOLLOWS:
r
KING COUNTY HAS NO RESPONSIBILITY TO BUILD, IMPROVE, MAINTAIN OR
OTHERWISE SERVICE THE PRIVATE ROADS CONTAINED WITHIN OR PROVIDING SERVICE
TO THE PROPERTY DESCRIBED IN THIS SHORT PLAT.
-7._-_ RESTR€CTIONS CONTAINED IN KING COUNTY SHORT PLAT NUMBER 584147 UNDER
RECORDING NUMBER 8502190360, AS FOLLOWS:
TRACT(S) "X", DESIGNATED UPON THE PLAT AS A PRIVATE ROAD AND
THOROUGHFARE, IS DESCRIBED IN THE KING COUNTY COMPREHENSIVE PLAN AS A
"LOCAL ACCESS STREET OR ROAD" AND IN ACCORDANCE WITH THE STANDARDS
THEREIN, MAY BE REQUIRED FOR FUTURE COUNTY STREET, ROAD OR THOROUGHFARE.
1. THE OWNER, HIS GRANTEES AND ASSIGNS HEREBY AGREE TO DEDICATE TRACT(S)
"X" TO KING COUNTY FOR RIGHT—OF—WAY AND STREET PURPOSES, AT SUCH TIME AS
SAID TRACT(S) "X" IS/ARE NEEDED FOR THOSE PURPOSES. A DEED CONVEYING
TRACTS) "X" TO KING COUNTY SHALL BE EXECUTED BY THE OWNER, HIS GRANTEES
AND ASSIGNS, AND SHALL BE DELIVERED BY KING COUNTY UPON DEMAND.
2. THE OWNER, HIS GRANTEES AND ASSIGNS, HEREBY AGREE(S) TO PARTICIPATE
IN AND/OR NOT OPPOSE OR PROTEST, THE FORMATION OF A COUNTY ROAD
IMPROVEMENT DISTRICT (CRID) PURSUANT TO RCW 36.88 OR ANY ROAD
IMPROVEMENT PROJECT SANCTIONED BY KING COUNTY WHICH IS DESIGNED TO
IMPROVE TRACT(S) "X" AND THE IMMEDIATE STREET SYSTEM OF WHICH IT IS A
PART.
TIMING OF THE FORMATION OF SAID CRID OR OTHER ROAD IMPROVEMENT PROJECT
SHALL BE DETERMINED BY KING COUNTY. THE STREET IMPROVEMENT AUTHORIZED BY
THE CRID OR OTHER ROAD IMPROVEMENT PROJECT SHALL CALL FOR THE
IMPROVEMENT OF TRACT(S) "X" AND ITS IMMEDIATE STREET SYSTEM TO AT LEAST
THE MINIMUM KING COUNTY ROAD STANDARDS APPLICABLE TO THE CRID AT THE
TIME THAT THE CRID IS FORMED: PROVIDED THAT IN SITUATIONS WHERE THERE IS
A MULTIPLE OWNERSHIP OF PROPERTIES PARTICIPATING IN THE FORMATION OF THE
CRID OR OTHER ROAD IMPROVEMENT PROJECT, IF A MAJORITY OF THE PROPERTY
OWNERS WANT A HIGHER STANDARD, I. E. , CURBS, GUTTERS, UNDERGOUND DRAINAGE,
ETC., THAT STANDARD SHALL PREVAIL.
8. AGREEMENT AND
BETWEEN:
AND:
DATED:
RECORDED:
RECORDING
REGARDING:
THE TERMS AND
NUMBER
RECEIVED
OCT 0 5 2004
MON.ING DEPARTMENT
CONDITIONS THEREOF:
ELMER Y. HAUTALA
CITY OF AUBURN
May 06, 1985
July 11, 1985
8507110416
LATE COMER WATER
FOR CONSTRUCTED WATERMAIN
Submitted by Mr. Elmer Hautala
at the Dec. 13, 2004 PCD
Committee public hearing.
PAGE 5
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` a RECEIVED
v DEC 1 3 2004
PLANNING DEPARTMENT
Submitted by Mr. Elmer Hautala
at the Dec. 13, 2004 PCD
Committee Public hearing.
REQUEST FOR CERTIFICATE OF WATER AND/OR SEWER AVAILABILITY FOR
GENERAL DEVELOPMENT
APPLICATION NO.: to S C D 7'-L'9 0/:
DATE RECEIVED: zo — 7•--'e)�Ee MCENED
APPLICATION FEE: $257. T.R. #:
Staff Project Coordinator. OCT 0 7 2004
'*`Do not write above the line•'"` Ph MEW
APPLICANT: COMPLETE THIS FORM WITH ALL ENTRIES BEING TYPED (except signatures) OR
NEATLY PRINTED IN INK. IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH ADDITIONAL
PAGES.
THIS IS A REQUEST FOR (check one or both):
" SEWER AVAILABILITY
APPLICANT (Name, Address & Phone):
Frzw%#.. 1,L )>ev Iv .
4 -d • e'vx 3,'7y
8iL.112VVe-, VvA• 1*001
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LSI WATER AVAILABILITY
AGENT (Name, Address & Phone):
't viol vt►% 10" P t
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GENERAL LOCATION OF DESIRED SERVICE:
Street Address (if known):
5�c '5 PI • (it zlc+-' 141A .0 IZ2- �'a A -v. 'S. E.
Parcel No. (Tax ID No.) for the subject property:
0 012- 10 5' - 91-I (Q
Section No., Township, Range in which property is located: N \A) 9. 2 I • 05
TYPE OF APPROVAL/PERMIT BEING REQUESTED FROM THE COUNTY:
BUILDING PERMIT
SHORT SUBDIVISION (number of lots: _)
PRELIMINARY PLAT OR PUD (number of lots: L O )
REZONE FROM TO
0 OTHER (specify):
Water -Sewer Certificate for General Devebmvnt Page 4 of 6
P*viwa IrVrM4
DESCRIBE WHY YOU NEED SEWER AND/OR WATER SERVICE. HOW WILL THE
PROPERTY BE USED AFTER SEWER AND/OR WATER IS AVAILABLE? WHAT PLANS DO
YOU HAVE TO DEVELOP THE PROPERTY? (be as specific as you can)
'rte.. w►i\ iac. S�ea,�;aid
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(attach additional sheets if needed)
ALL PERSONS HAVING AN OWNERSHIP INTEREST IN THE PROPERTY MUST SIGN
BELOW:
Name Address Phone
�l2 v�+�+�� S �1 oJA KS rv, - P • o . $o % �S7 `� Ke lLc 4 to L-}tv7 'ta lab L
I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION,
INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE.
Owner/Agent Signature Date
TO BE CONSIDERED COMPLETE, THIS APPLICATION FORM MUST BE ACCOMPANIED BY:
• Complete Legal Description (see Section 4A of the Instructions);
• Site Plan (including information listed in Section 4B of the Instructions);
• Environmental Checklist, unless exempt (see Section 4C of the Instructions).
Water -Sewer certificate for General Development Page 5 of 6
PAMW 11 rzooa
PLEASE NOTE: THE SITE PLAN MUST ACCOMPANY THIS APPLICATION
LEGAL DESCRIPTION OF THE PROPERTY
Water -serer ced&,ate for Gmmral De`rebpmnt Page 6 of 6
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CITY OF t-��o ;
Peter B. Lewis, Mayor
WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.ci.aubum.wa.us * 253-931-3000
NOTICE OF PUBLIC
HEARING
The Planning and Community Development Committee of the City Council of the City of
Auburn, Washington, will conduct a public hearing on December 13, 2004 at 5:00 pm in
the Council Chambers of the Auburn City Hall located at 25 West Main Street on the
following:
FILE NO.: WSC04-0013
APPLICANT: Fremantle Development
PO Box 3574
Bellevue, WA 98004
OWNER: Elmer Y. Hautala
LOCATION: SE 305"' Place (if extended) north of 122"d Avenue SE (Proposal
involves one lot (King County Assessor Parcel Number 092105-9176))
PROPOSAL IS: Request to provide water and sewer to approximately 20 single family
lots being subdivided from a 5.23 acre site.
The City of Auburn has been asked to provide sewer and/or water to this project. In
order to provide sewer and/or water to this project the City of Auburn must find that the
proposal conforms to appropriate City development standards. Development standards
typically include sewer, water and storm drainage utilities, street construction standards,
access, etc.
At this public hearing, the City will not be deciding or discussing whether the proposal is
consistent with King County requirements such as zoning, land use, wetlands, or the
environmental impacts the project may have upon surrounding properties or
neighborhoods. Only King County has the authority to decide those issues through its
land use process with the developer. Issues involving zoning, land use (i.e. density) and
environmental impacts associated with this proposal must therefore be addressed to
King County.
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
25 WEST MAIN STREET, AUBURN WA 98001 (253)931-3090
AT TRT TR KT* Unu 17 -rij e to vnr T TAA ACNKT9TI