HomeMy WebLinkAboutITEM VIII-B-6
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 3811 for WSC04-0013
Date:
Janua 11,2005
Budget Impact:
Department: Planning Attachments: Resolution No. 3811,
development agreement; applicant's revised
site Ian
Administrative Recommendation:
Cit Council to adopt Resolution No. 3811.
Background Summary:
OWNER:
APPLICANT:
ADDRESS:
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.
Mr. Elmer Hautala
Mr. Dennis Johnson (Fremantle Development); Shupe Holmberg (Baima and Holmberg)
Property is vacant, but is generally located west of 122nd Avenue SE, south of SE 304th
On December 20,2004 the City Council considered Resolution No. 3798. Resolution No. 3798 is a water
and sewer availability certificate request for a proposed 20 lot preliminary plat in unincorporated King
County.
A motion approving Resolution No. 3798 did not pass. The City Attorney advised that the affect of the
City Council's decision was to remand the issue back to the Planning and Community Development
Committee.
On January 10, 2005, the proposed development agreement was discussed by the Planning and
Community Development Committee and by the Public Works Committee. Comments of the Public
Works Committee were provided to the Planning and Community Development Committee.
ommlttees:
COUNCIL COMMITTE S:
~ Finance
Municipal Servo
Planning & CD
Public Works
Other
eVlewe y epartments ¡VISions:
~ Building ~ M&O
Cemetery Mayor
Finance Parks
Fire Planning
Le al Police
pu%lic Works Human Resources
eVlewe y ouncl
~Arts Commission
Airport
Hearing Examiner
Human Services
Park Board
Planning Comm.
Action:
Committee Approval:
Council Approval:
Referred to
Tabled
DYes DNo
DYesDNo
Call for Public Hearing --1_1_
Until 1 1
Until ¡-r--
Councilmember: Sin er
Meetin Date: Januar 18, 2005
Staff: Krauss
Item Number: Item VIII.B.6
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject: Resolution No. 3811 for
WSC04-0013
Date:
January 11, 2005
In reviewing the application, the Planning and Community Development Committee recommended
approval with the two additional conditions as follows:
"1. To provide for the future extension of a street from the subject property to SE 304th St. (across
from 121st Place SE), a 30 foot wide half street improvement meeting city standards shall be
constructed along the subject property's east property line, between SE 305th Place and the
subject property's north property line.
2. To provide for an emergency second access (to and from 122nd Place SE), as well as to
provide for a hammerhead turnaround at the northerly end of 122nd Avenue SE, the 30-foot wide
public right-of-way between 122nd Avenue SE and SE 122nd Place shall be improved with an all
weather surface acceptable to the Fire Marshal. The hammerhead turnaround shall meet city
standards. The existing temporary cul-de-sac turnaround at the northerly end of 122nd Avenue SE
may be removed."
The applicant has submitted a revised site plan reflecting these requirements.
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 (NOTE: The following is the policy in
effect at the time of the applicant submittal in 2004. It was since been amended with the 2004
Comprehensive Plan amendments):
"The City of Auburn shall require...as a condition of extending sewer andlor 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 ownerldeveloper 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...
A3.13.8
Page 2 of 8
Item VIII.B.6
Agenda Subject: Resolution No. 3811 for
WSC04-0013
Date:
January 11, 2005
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 property to that private road
exists but access to SE 304th Street using that easement is not proposed. However, the proposal does
involve improving a portion of right of way from 122nd Avenue SE to 122nd Place SE to promote
emergency vehicle access from 122nd Place SE. 122nd 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 so that his preliminary plat application submitted to King County in December may be
deemed complete effective December, which is prior to the January 1, 2005 effective date of the King
County critical areas ordinance.
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.
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. WaterlSewer. 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
submitted November 12, 2004 were identified:
Page 3 of 8
Item VIII.B.6
Agenda Subject: Resolution No. 3811 for
WSC04-0013
Date:
January 11, 2005
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
waterlsewer certificate should, if granted, be conditioned to address the following items identified during
the staff and PCD Committee review process.
Storm Drainaqe
.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 305th Place 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 Avenue 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.
· All access tracts shall be designed to City standards for width and improvement.
· To provide for the future extension of a street from the subject property to SE 304th St. (across from
121st Place SE), a 30 foot wide half street improvement meeting city standards shall be constructed
along the subject property's east property line, between SE 305th Place and the subject property's
north property line.
Page 4 of 8
Item VIII.B.6
Agenda Subject: Resolution No. 3811 for
WSC04-0013
Date:
January 11, 2005
· To provide for an emergency second access (to and from 122nd Place SE), as well as to provide for
a hammerhead turnaround at the northerly end of 122nd Avenue SE, the 30-foot wide public right-of-
way between 122nd Avenue SE and SE 122nd Place shall be improved with an all weather surface
acceptable to the Fire Marshal. The hammerhead turnaround shall meet city standards. The existing
temporary cul-de-sac turnaround at the northerly end of 122nd Avenue SE may be removed.
Fire
· 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.
.AII 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 waterlsewer 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
Page 5 of 8
Item VIII.B.6
Agenda Subject: Resolution No. 3811 for
WSC04-0013
Date:
January 11, 2005
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.
Page 6 of 8
Item VIII.B.6
Agenda Subject: Resolution No. 3811 for
WSC04-0013
Date:
January 11, 2005
CONCLUSIONS
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 waterlsewer 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
At their meeting on January 10, 2005, the Planning and Community Development Committee recommend
to 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 305th Place 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 Avenue 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.)
14. Street lights shall be provided to City standards.
Page 7 of 8
Item VIII.B.6
Agenda Subject: Resolution No. 3811 for
WSC04-0013
Date:
January 11, 2005
15. All access tracts shall be designed to City standards for width and improvement.
16. To provide for the future extension of a street from the subject property to SE 304th St. (across from
121st Place SE), a 30 foot wide half street improvement meeting city standards shall be constructed
along the subject property's east property line, between SE 305th Place and the subject property's north
property line.
17. To provide for an emergency second access (to and from 122nd Place SE to SE 304th Street), as
well as to provide for a hammerhead turnaround at the northerly end of 122nd Avenue 'SE, the 30-foot
wide public right-of-way between 122nd Avenue SE and SE 122nd Place shall be improved with an all
weather surface acceptable to the Fire Marshal. The hammerhead turnaround shall meet city standards.
The existing temporary cul-de-sac turnaround at the northerly end of 122nd Avenue SE may be removed.
Fire
18. Fire lanes per ACC 10.36.175 shall be posted on SE 305th Place and within the internal plat road
and tracts.
19. Fire hydrants must be installed per ACC 13.16.060.
Other
20. The calculation and amount of any impact fees, including those for roads and parks, paid to King
County shall be reported to the City.
21. 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.
L0118-3
Page 8 of 8
Item VIII.B.6
RESOLUTION NO.3 8 1 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 FREMANTLE
DEVELOPMENT FOR DEVELOPMENT OF WATER AND SEWER
SERVICES FOR PROPERTY LOCATED AT SE 30STH 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 30Sth 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. 3811
January 11, 2005
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 30Sth 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 30Sth 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. 3811
January 11, 2005
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 January, 2005.
CITY OF AUBURN
PETER B. LEWIS
MAYOR .
ATTEST:
Danielle E. Daskam,
City Clerk
--------------------------------------
Resolution No. 3811
January 11, 2005
Page 3
DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
Planninq Dept. 25 West Main street
Auburn, WA 98001
WSC04-00 13
Parcel Number(s) 092105-9176
Additionalleqal on paqe 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 3811
WSC04-0013
1/12/2005
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 SEP A.
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 3811
WSC04-0013
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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 3811
WSC04-0013
1/12/2005
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 3811
WSC04-0013
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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
APPROV AL
The OWNER, in consideratic>n 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 3811
WSC04-0013
1/12/2005
Page 5
4.10. The sidewalk on the south side of SE 304th Place shall be designed to abut
the property line.
4.11. To ensure that traffic flows are safely separated, lanes on SE 3Q5th 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 . To provide for the future extension of a street from the subject property to
SE 304th Street (across from 121 st Place SE), a 30 foot wide half-street
improvement meeting city standards shall be constructed along the subject
property's east property line, between SE 305th Place and the subject property's
north property line.
4.17. To provide for an emergency second access (to and from 122nd Place SE
to SE 304th Street), as well as to provide for a hammerhead turnaround at the
northerly end of 122nd Avenue SE, th.e 30-foot wide public right-of-way between
122nd Avenue SE and SE 122nd Place shall be improved with an all weather
surface acceptable to the Fire Marshal. The hammerhead turnaround shall
meet city standards. The existing temporary cul-de-sac turnaround at the
northerly end of 122nd Avenue SE may be removed.
4.18. Fire lanes per ACC 10.36.175 shall be posted on SE 305th Place and within
the internal plat road and tracts.
4.19. Fire hydrants must be installed per ACC 13.16.060.
4.20. The calculation and amount of any impact fees, including those for roads
and parks, paid to King County shall be reported to the City.
4.21. 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 124 th Ave SE rather than a
maximum of 75.
RES 3811
WSC04-0013
1/12/2005
Page 6
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.
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
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.
RES 3811
WSC04-0013
1/12/2005
Page 7
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.
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 , 2005.
CITY OF AUBURN
PETER B. LEWIS
MA YOR
RES 3811
WSC04-0013
1/12/2005
Page 8
ATTEST:
Oanielle Oaskam
City Clerk
"'
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day of , 2005, 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 3811
WSC04-0013
1/12/2005
Page 9
OWNER: Fremantle Development
BY REPRESENTATIVE:
Dennis Johnson
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this day of , 2005, 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 3811
WSC04-0013
1/12/2005
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 3811
WSC04-0013
1/12/2005
Page 11
CONTRACTORS INC.
MEMORANDUM
Date: 1/11/05
To: Honorable Mayor and City Council Members
RE: Hazel View
Application for sewer/water certificate
Dear Honorable Mayor and Council members,
Thank you for the opportunity to discuss our application for sewer and water service at
recent meetings of the Public Works Committee and the Planning and Community
Development Committee. In follow up·to the Committee meetings, this provides an
updated drawing and addresses outstanding questions and concerns regarding the
application.
Enclosed is a drawing that reflects the revisions requested by City staff and Council
members.
· Road B is added as a half street improvement on the East side of the property to
the Northern boundary. This road will provide future access toS.E. 304th St by
connecting to a recently approvedoffsite extension of 121 st Pi. S.E.
· Pedestrian access to the school to the West is shown in dashed line as a future
access subject to school district approval, consistent with the findings of fact
recommendation #13. Currently the proposed project is iríthe Lea Hill
elementary school district boundary. Students in this proposed plat will not attend
the adjacent Hazelwood elementary school and the School District does not
support pedestrian access to the school property.
Density was a new topic mentioned in the Public Works Committee, but it should not be
an issue. The density proposed (20 units on 5.23 acres) is consistent with the Single
Family Residential designation in Auburn's Comprehensive Plan. See findings of fact
5(b) in the 12/9 agenda bill. Beyond that consistency determination, density is a King
County matter. As Auburn's Notice of Public Hearing (attached) for this project stated,
"Only King County has the authority to decide... issues involving zoning, land use (Le.
density) and environmental impacts..."
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U,~I ¡ ~~ 200"1
P.O. Box 3574 Bellevue, Washington 98009-3574 Phone: 425.467.6602 Fax: 425.467.6603 email: dejjohnson@hotmaiLcom www.fohnsoncontractots.com
)
"
We have complied with all of the requirements of ACC 14.18.070 for approval of this
application (see fmdings of fact conclusion item #2). We have demonstrated compliance
with all City standards. (See findings of fact 5(a) "The development is consistent with
City development standards" and 5(b) "The proposal is consistent with the Auburn
Comprehensive Plan.")
We look forward to your approval of this application on January 18. Thank you for your
consideration.
Respectfully,
JOHNSON CONTRACTORS, INC.
~
Dennis E. Johnson
President
attachment
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*"þ',.' WASHINGTON
Peter S. Lewis; Mayor
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 30Sth Place (if extended) north of 1ZZna Avenue SE (Proposal
involves one lot (King County Assessor Parcel Number 09210~9176»
PROPOSAL IS: Request to provide water and sewer to approximately 20 single family
lots being subdivided from a 5.23 acre site.
:c
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. .
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Î At this public hearing, the City will not be deciding or discU~~ing whether the proposal is ")
I consistent with Kino County requirements such as zoning, land use, wetlands, or the
environmental impacts the project may have upon surrounding properties or
:>- neighborhoods. Only Kino County has the authority to decide those issues throu its ¡ <ê--:. ._~
I land use process with the developer. Issues involving zoning, land use (Le. density and \
environmental impacts associated with this proposal must therefore be a resse to I
Kino County. I
'--- . ---=..--.-J
DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT
25 WEST MAIN STREET, AUBURN WA 98001 (253) 931-3090
~.
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NORRIS
Lt 0 i~.-l r~ ~~:
JoIua Noms
Pn:sident
Pbone; (425) 793- J635
Facsimile: (425) 793.1637
Emait rJOI'rishomcs(mhobnail.com
105 t 6 172"" Court SoIdheast
Renton, Washington 98059
www.no].jsbomcsjnç.com
January 6, 2005
City of Auburn
2S West Main St.
Auburn, WA 98001-4998
Ann: Honorable Mayor and City Council Members
RE: Hazel View Application for SewerlWater AvailabWty
.Dear Honorable Mayor and City Council Members.
This tetter is in support of the Hazel VIeW application for sewer and water certificates of
availability.
We have WtXked with Fremantle Development, Inc. fur many years and look forward to
working with them again on this project.
We have been made aware that the project is supported by staff and has been recomrn,ended
for approval by the planning c:oounittee. We would like to urge you to support this
application on Janucuy 18. Thank you for your con..'\ideration
Thank you,
1~~~
President
Norris Homes, Tn<;,
('; 'innl ¡:;,
~> (JI,
O~STRUC2'lO
C; ~
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360-893-5657
360-893-3824 Fax
00 ~C·
~PANYt \\:'
P.O. Box 1600
Orting, WA 98360-1600
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Januaiy 6,2005·
City of Auburn
2S West Main St
Auburn, Wa. 98001-4998
Attn: Honorable Mayor and City Council Members
RE: Hazel View Application for sewer/water availability
Dear Honorable Mayor and Council members:
I am writing this is in support of the Hue! View application for sewer and water
certificates of availability. As General Manager at CC Edwards Construction I have bad
the opportunity to work with Fremantle Development, Inc. for ØW1y years and look
forward to working with them again on tlùs project.
Our company has buih numerous developments in Auburn during the last 8 years. I have
also had the opportunity to review the preliminary site plans for HazeI View. Base on
this review, I believe Hazel View' s design matches if not exceeds the neighboring
projects.
T understand the project is supported by staff and has been recommended for approval by
the planning committee. I would like to urge you to support this application on Janumy
18. Thank you for your consideration.
Sincerely,
->
~~~:"--ð
General Manager
CC Edwards Construction
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TLT DEVELOPMENT
1402 AUBURN WAY NORTH, #281
AUBURN, WA 98002
253.735.2594' FAX
January 5, 2005
City of Auburn
25 West Main St.
Auburn, Wa. 98001-4998
Attn: Honorable Mayor and City Council Members
RE: Hazel View Application for sewerlwater availability
Dear Honorable Mayor and Council Members:
This letter is in support of the Hazel View application for sewer and water certificates of
availability.
I have known Dennis Johnson fOf many years and worked with Frernantle Development,
Inc. on a nwnber of residential development projects. Fremantle can certainly be counted
on to produce a quality neighborhood and. I look forward to working with them again on
this project.
I have been made aware that the project is supported by staff and has been recommended
for approval by the planning committee. I would like to urge you to support this
application on January 18. Thank you for your consideration.
Sincerely,
Debra Purcel- ink
Land Acquisition & Development
206.919.5744
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Tiinbermnd Bank
. ~~~ -jfI I'kmberFl}lC
Smq '-~./
/9/)
City of Auburn
25 West Main St.
Auburn, Wa. 98001-4998
1/5/05
Attn: Honorable Mayor and City Council Members
RE: Hazel View Application for sewerlwater availability
Dear Honorable Mayor and Council members
This letter is in support of the hazel View application for sewer and water certificates of
availability .
We have worked with Fremantle Development, Inc. for many years and look forward to
working with them again on this project.
We have been made aware that the project is supported by staff and has been
recommended for approval by the planning committee. We would like to urge you to
support this application on January 18. Thank you for your consideration.
John G. Owens
Vice President
Timberland Bank
12814 Meridian East· P.O. Box 73638· Puyallup, WA 98373· (253) 841-4980· FAX (253) 841-5621
. I T E'¡- cd Auburn Gig Harbor Poutsbo and Silverdale
Offices in HOQuiam, Aberdeen, Ocean Shores, Montesano, Tumwater, Olympia, Lacey, Velm, Bel"el SlaUon, Puyal up, acoma, ....,.,we, , ,
www.timberlandbank.com
Auburn City Council
25 West Main Street
Auburn, W A 98001
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J4N ~D
PIAL I 2
-VVN~ 2005
G DtÞ~4rtl\i¡
January 6,2005
Subject: Request the City of Auburn to provide water and sewer service for the Hazel
View Development.
Dear Auburn City Council,
My name is Mrs. Beverly Langdon and I live at 9609 19200 Ave E. Sumner, W A
98390. I worked in the Lee Hill Elementary School for 28 years. The Hazel View
Development, being adjacent to the school property, will offer homes near the local
school and children will be able to walk there.
I am in support of the development of Hazel View.
Sincerely,
~g:?;~
Auburn City Council
25 West Main Street
Auburn, W A 98001
RECEIVED
JAN .I 0 2005
PLAf\J¡\J/¡'JG DEh;RlMENT
January 6, 2005
Subject: Request the City of Auburn to provide water and sewer service for the Hazel
View Development.
Dear Auburn City Council,
I strongly support the development of Hazel View. A school is already located
there which will serve the needs of children who would live in Hazel View. I think the
Lee Hill area should be included in the near future expansion plans of Auburn.
Sincerely,
1Y1~~~~
Auburn City Council
25 West Main Street
Auburn, W A 98001
I?EC~
I lVfD
J41V
A. 102.
'Uvvll,'l¡,¡¡ OOS
vG Dr-
cPA~TIA
w/EN!
January 6, 2005
Subject: Request the City of Auburn to provide water and sewer service for the Hazel
View Development.
Dear Auburn City Council,
I have owned this property since 1942. In 1985 I was responsible for the
construction of the water main on 122 PI. S.B. and for the construction of this street. This
street was designated as a part of Tract "X" as described in the King County
Comprehensive Plan.
I have always cooperated 1000,10 with the City of Auburn. I feel the development
of this property is important to the City of Auburn. It is in Auburn's best interest that the
Lee Hill area be included in the near future expansion plans.
Sincerely,
EM4~
~.y. Hautala
_~r(J III
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