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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 WSC04-0013 05/11/04 Page 2 invalidation of this AGREEMENT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party. 2. PROPERTY DESCRIPTION The PROPERTY is hereby described as follows: 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 WSC04-0013 05/11/04 Page 3 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 WSC04-0013 05/11/04 Page 4 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 WSC04-0013 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 WSC04-0013 05/11/04 Page 6 ■ 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 WSC04-0013 05/11/04 Page 7 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 WSC04-0013 05/11/04 Page 8 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 WSC04-0013 05/11/04 Page 9 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 WSC04-0013 05/11/04 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 WSC04-0013 05/11/04 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 M �r 1141QNZZ�t LLi t„W rte• P® Y u Q LLi t„W rte• e cz 4 go. , ♦� .ft ` 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 tt,L 5 - It t6"1 • to to o2-.-. 1-0 LSI WATER AVAILABILITY AGENT (Name, Address & Phone): 't viol vt►% 10" P t t 0 o Frov%v ST S . I 0,otty , %,vA . 4 V 3qZ• oZsp 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 iv`� Z D v14.W re, -;.'t atn�lh� (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 . $o % �S7 `� Ke lLc 4 to L-}tv7 'ta lab L I HEREBY CERTIFY THAT THE INFORMATION CONTAINED IN THIS APPLICATION, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. Owner/Agent Signature Date TO BE CONSIDERED COMPLETE, THIS APPLICATION FORM MUST BE ACCOMPANIED BY: • Complete Legal Description (see Section 4A of the Instructions); • Site Plan (including information listed in Section 4B of the Instructions); • Environmental Checklist, unless exempt (see Section 4C of the Instructions). Water -Sewer certificate for General Development Page 5 of 6 PAMW 11 rzooa PLEASE NOTE: THE SITE PLAN MUST ACCOMPANY THIS APPLICATION LEGAL DESCRIPTION OF THE PROPERTY Water -serer ced&,ate for Gmmral De`rebpmnt Page 6 of 6 Rosea vaazaoa \\` ` `tel \ _ \ •`y_ j, n \� V r J 6C. r / eo•�... _ � 3y � sa ar /• i l r -" "i N p'34.36' W /. 326.96• II� [P IN �� �I--� ► p.t ,107,7 7216W i u spo• / Ej `Z$ r r 'R / r -/,ow ! r • _ 1 iii i 1 ,33• ► 1 1 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