HomeMy WebLinkAbout04-03-2006 ITEM VIII-B-5
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AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution for the acceptance of wetland mitigation in Date: 3-28-06
lieu-of- fee for the olat of Jovita Heiohts.
Department: Planning, Building I Attachments: Resolution No. 4005; Budget Impact:
and Communitv Aoreement
Administrative Recommendation:
City Council adoot Resolution No. 4005.
Background Summary: On September 6, 2005 the Auburn City Council approved Resolution No.
3892. Resolution No. 3892 approved a 107 lot preliminary plat commonly referred to as Jovita Heights
generally located east of 56th Avenue South (parts of the plat extend down the hillside). (The proposal
also involved a concurrent rezone request from RS (Single Family Residential) to R2 (also Single Family
Residential) that was approved by Ordinance No. 5938.
The proposal would impact certain wetlands. As part of the SEPA review for the proposal and the
associated Mitigated Determination of Non-Significance (MDNS), the applicant was required to preserve
nearby off-site wetlands located in unincorporated King County.
Since the time of issuance of the final MDNS and City Council approval of the preliminary plat, the
developer has approached the City regarding payment of a fee In lieu for wetland mitigation as an
alternative to the wetland preservation mitigation requirement. Evidently the developer is having issues
with King County over permitting certain aspects of the proposal that lie in the County and this approach
would help expedite development of the plat.
In reviewing the developer's fee in lieu request, the City considered the wetland systems impacted by the
project. The applicant's wetland biologist noted that these impacted wetlands fell within a category of
limited function and value making them low quality wetlands. Consequently, the City is willing to assume,
for a fee in lieu, the project's wetland mitigation responsibilities by protecting and enhancing higher
quality wetlands that encompass the Auburn Environmental Park (AEP)
03.5 PL T04-0007
Reviewed by Council & Committees:
o Arts Commission COUNCIL COMMITTEES:
o Airport 181 Finance
o Hearing Examiner 181 Municipal Servo
o Human Services 181 Planning & CD
o Park Board OPublic Works
o Planning Comm. 0 Other
Reviewed by Departments & Divisions:
o Building 0 M&O
o Cemetel)' 0 Mayor
o Finance 0 Parks
o Fire 181 Planning
o Legal 0 Police
o Public Works 0 Human Resources
o Information Services
Action:
Committee Approval:
Council Approval:
Referred to
Tabled
OVes ONo
OVes ONo Call for Public Hearing _'---1_
Until---1_'_
Until _'_'_
Councilmember: Norman
Meetina Date: Aoril 3, 2006
I Staff: Krauss
litem Number: VIII.B.5
AUBURN * MORE THAN YOU IMAGINED
Agenda Subject:
Resolution No. 4005
Date:
3-28-06
After evaluating the factors involved in the Jovita Heights preliminary plat, the City has proposed that
under this option the developer pay a fee based on a mitigation ratio of 6:1 in order to compensate for
mitigation costs, buffer impacts and any unknown costs that could develop once the City moves forward
with construction in the AEP.
Based on this, developer has voluntarily agreed to pay $36,570.00 to the city as a fee in lieu of wetland
mitigation. This fee in lieu represents the anticipated costs to City of performing wetland mitigation and is
based on mitigation of 0.038 of an acre of impact at a 6: 1 ratio which results in 0.23 acres of needed
mitigation. (The cost of mitigation Is agreed to be $159,000.00 per acre (.23 x $159,000/acre =
$36,570.00 total mitigation cost).
Page 2 of 2
RESOLUTION NO. 4005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR PAYMENT
OF FEE IN LIEU OF WETLAND MITIGATION WITH THE
DEVELOPER, CORNERSTONE HOMES AND DEVELOPMENT,
LLC
WHEREAS, the DEVELOPER is owner of certain real property which is located
generally east of 56th Avenue South and between Iowa Drive/South 34ih/South 34Sth
and South 336th Streets in the City of Auburn, King County, Washington, commonly
referred to as "Jovita Heights"; and
WHEREAS, the DEVELOPER or the representative of DEVELOPER executing
this Agreement has the authority to enter into an agreement with the CITY with respect
to planned onsite wetland impacts; and
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve
the quality of wetlands for the benefit of public health, safety, and welfare; and
WHEREAS, it is mutually agreed that preservation of the quality of wetlands is
essential to maintaining a quality environment, maintaining quality water resources, and
the preservation of wildlife, and that preservation of the quality of wetlands is in
conformity with the CITY'S Comprehensive Plan; and
WHEREAS, two wetlands have been identified on the Subject Property and the
"Wetland and Stream Analysis Report" (Initially dated July 13, 2005 with recent update
of February 11, 2005 with a supplement dated March 23, 2005) prepared by B-Twelve,
Resolution No. 4005
March 28, 2006
Page 1
Inc. defines a 7,194 square foot wetland (Wetland W) and a 21 square foot wetland
(Wetland X); and
WHEREAS, the applicant proposes to fill a portion of wetland "W" and all of
wetland "X" in order to construct the project which will result in a total wetland fill of
approximately 816.53 Square Feet; and
WHEREAS, based on the following Auburn policies, these wetlands need to be
compensated for in order to maintain "no net loss" for the functions and values that
these wetlands provide;
1. EN-29 The City shall consider the impacts of new development on the
quality of wetland resources as part of its environmental review process
and shall require appropriate mitigation and monitoring measures of
important wetland areas. Such mitigation may involve conservation,
enhancement or restoration or replacement of important wetlands, and
provisions for appropriate buffering. The goal of the mitigation should be
no net loss of wetland functions and values. A permanent deed restriction
shall be placed on any wetlands created or enhanced to ensure that they
are preserved in perpetuity.
2. EN-30 Wetlands which are associated with a river or stream, or
provide significant plant and animal habitat opportunities are recognized
by the City as the most important wetland systems, and shall receive the
highest degree of protection and mitigation through conservation,
enhancement, or relocation measures. Wetlands which are limited in size,
Resolution No. 4005
March 28, 2006
Page 2
are isolated from major hydrological systems or provide limited
hydrological or plant and animal habitat opportunities may be considered
by the City for development and displacement in conjunction with
appropriate mitigation.
3. EN-32 It is the City's intent to pursue development of an area-wide
wetlands management program for the entire City to establish a systems
approach to wetlands management. The City shall work with adjacent
communities to adopt and implement the Special Area Management Plan
(SAMP) for the Mill Creek Basin, a draft version of which has been
developed with the U.S. Army Corps of Engineers. The purpose of the
SAMP is to establish uniform wetland definition and methodology
throughout the planning area, to develop a regional consensus and
predictability by identifying important wetlands which must be conserved
and less important wetlands which may be developed. The SAMP is
intended to ensure a balance of the City's commitment between
environmental and economic development interests. The City shall strive
to streamline the permitting process for development in the areas covered
by the SAMP; and
WHEREAS, the wetland systems that were identified to be impacted by the
project consultant fall into the category of limited function and value, low quality
wetlands; and
WHEREAS, with these justifications, staff is proposing to take on the wetland
mitigation responsibilities for the current project involving the Subject Property and
Resolution No. 4005
March 28, 2006
Page 3
integrate it into protecting and enhancing the higher quality wetlands that encompass
the Auburn Environmental Park (AEP); and
WHEREAS, traditionally, when a developer proposes to impact wetlands,
mitigation ratios are established in order to ensure the success of the wetland
mitigation; and
WHEREAS, the CITY and others have had tremendous success with wetland
mitigation projects throughout the City limits of Auburn; and
WHEREAS, the CITY after evaluating the factors involved in the Jovita Heights
project has proposed that the developer pay a fee for a mitigation ratio of 6:1 in order to
compensate for mitigation costs, buffer impacts and any unknown costs that could
develop once the City moves forward with construction in the AEP; and
WHEREAS, the DEVELOPER has determined that it is in their best interest to
pay a fee to the CITY in lieu of performing the necessary wetland mitigation with regard
to the Subject Property;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREIN RESOLVES
AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City of Auburn to execute an
agreement for the payment of fee in lieu of wetland mitigation with the developer,
Cornerstone Homes and Development LLC, for its wetland impacts on the Jovita
Heights project. A copy of said agreement is attached hereto, denominated as Exhibit
"1" and made a part hereof as though set forth in full herein.
Resolution No. 4005
March 28, 2006
Page 4
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall be in full force and effect upon its passage
and signatures hereon.
DATED AND SIGNED THIS
day of
,2006.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle Daskam
City Clerk
Resolution No. 4005
March 28, 2006
Page 5
Exhibit 1
AGREEMENT FOR PAYMENT OF FEE IN LIEU OF WETLAND
MITIGATION
THIS AGREEMENT (the "Agreement") is made and entered into this _ day of ,
2006, by and between CORNERSTONE HOMES AND DEVELOPMENT, LLC, hereinafter referred to as
"DEVELOPER", and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW,
hereinafter referred to as the "CITY".
WHEREAS, the DEVELOPER is owner of certain real property which is located generally east of 56th
Avenue South and between Iowa Drive/South 347th/South 348th and South 336th Streets in the City of Auburn,
King County, Washington, commonly referred to as "Jovita Heights" and described more fully in Exhibit "A"
attached hereto, which property is intended to be subject to this Agreement (the "Subject Property"); and
WHEREAS, the DEVELOPER or the representative of DEVELOPER executing this Agreement has the
authority to enter into an agreement with the CITY with respect to certain wetland and wetland buffer areas
legally described on Exhibit 'B' attached hereto and incorporated herein by reference (the "Wetland Property")
located on the Subject Property; and
WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetlands
for the benefit of public health, safety, and welfare; and
WHEREAS, it is mutually agreed that preservation of the quality of wetlands is essential to maintaining a
quality environment, maintaining quality water resources, and the preservation of wildlife, and that
preservation ofthe quality of wetlands is in conformity with the CITY'S Comprehensive Plan; and
WHEREAS, two wetlands have been identified on the Subject Property and the "Wetland and Stream
Analysis Report" (Initially dated July 13, 2005 with recent update of February 11, 2005 with a supplement
dated March 23, 2005) prepared by B-Twelve, Inc. defines a 7,194 square foot wetland (Wetland W) and a 21
sq uare foot wetland (Wetland X); and
WHEREAS, the applicant proposes to fill a portion of wetland "W" and all of wetland "X" in order to
construct the project which will result in a total wetland fill of approximately 816.53 Square Feet; and
WHEREAS, based on the following Auburn policies, these wetlands need to be compensated for in order
to maintain "no net loss" for the functions and values that these wetlands provide;
I. EN-29 The City shall consider the impacts of new development on the quality of
wetland resources as part of its environmental review process and shall require appropriate
mitigation and monitoring measures of important wetland areas. Such mitigation may
involve conservation, enhancement or restoration or replacement of important wetlands, and
provisions for appropriate buffering. The goal of the mitigation should be no net loss of
wetland functions and values. A permanent deed restriction shall be placed on any wetlands
created or enhanced to ensure that they are preserved in perpetuity.
2. EN-30 Wetlands which are associated with a river or stream, or provide significant
plant and animal habitat opportunities are recognized by the City as the most important
wetland systems, and shall receive the highest degree of protection and mitigation through
conservation, enhancement, or relocation measures. Wetlands which are limited in size, are
isolated from major hydrological systems or provide limited hydrological or plant and animal
Exhibit "1", Resolution No. 4005
March 28, 2006
Page 1
habitat opportunities may be considered by the City for development and displacement in
conjunction with appropriate mitigation.
3. EN-32 It is the City's intent to pursue development of an area-wide wetlands
management program for the entire City to establish a systems approach to wetlands
management. The City shall work with adjacent communities to adopt and implement the
Special Area Management Plan (SAMP) for the Mill Creek Basin, a draft version of which
has been developed with the U.S. Army Corps of Engineers. The purpose of the SAMP isto
establish uniform wetland definition and methodology throughout the planning area, to
develop a regional consensus and predictability by identifying important wetlands which
must be conserved and less important wetlands which may be developed. The SAMP is
intended to ensure a balance of the City's commitment between environmental and economic
development interests. The City shall strive to streamline the permitting process for
development in the areas covered by the SAMP: and
WHEREAS, the wetland systems that were identified to be impacted by the project consultant fall into the
category of limited function and value, low quality wetlands; and
WHEREAS, with these justifications, staff is proposing to take on the wetland mitigation responsibilities
for the current project involving the Subject Property and integrate it into protecting and enhancing the higher
quality wetlands that encompass the Auburn Environmental Park (AEP); and
WHEREAS, traditionally, when a developer proposes to impact wetlands, mitigation ratios are established
in order to ensure the success of the wetland mitigation; and
WHEREAS, the CITY and others have had tremendous success with wetland mitigation projects
throughout the City limits of Auburn; and
WHEREAS, the CITY after evaluating the factors involved in the Jovita Heights project has proposed that
the developer pay a fee for a mitigation ratio of6:] in order to compensate for mitigation costs, buffer impacts
and any unknown costs that could develop once the City moves forward with construction in the AEP; and
WHEREAS, DEVELOPER has determined that it is in their best interest to pay a fee to the CITY in lieu
of performing the necessary wetland mitigation with regard to the Subject Property;
NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as
fa 1I0ws:
1. AUTHORITY TO ENTER INTO AGREEMENT. DEVELOPER is the owner of
the Subject Property referred to above and has full power and authority to enter into this
agreement.
2. FEE IN LIEU OF WETLAND MITIGATION. DEVELOPER hereby agrees to pay
THIRTY SIX THOUSAND FIVE HUNDRED AND SEVENTY DOLLARS AND
NOll 00 ($36,570.00) to CITY as a fee in lieu of wetland mitigation. The parties agree
that this fee represents the anticipated costs to CITY of performing wetland mitigation
and is based on mitigation of .038 of an acre of impact at a 6: I ratio which results in 0.23
acres of needed mitigation. The cost of mitigation is agreed to be $159,000.00 per acre
(.023 x $1 59,000/acre = $36,570.00 total mitigation cost). The fee shall be paid prior to
Exhibit "1", Resolution No. 4005
March 28, 2006
Page 2
the fee has been paid.
and no further approvals for the project will be granted until
3. ENFORCEMENT. In the event the CITY determines that DEVELOPER is in
violation of the terms of this AGREEMENT, and an enforcement action is initiated, the
prevailing party in such action shall be entitled to recover reasonable attorney's fees and
costs incurred in prosecuting or defending against such enforcement action, in addition
to any other remedy or relief obtained.
"
4. NON-WAIVER OF BREACH. No omission or failure by the CITY to exercise or
enforce any of its rights under this Agreement or to enforce any breach hereof, nor any
forbearance granted by the CITY, shall be deemed or construed as a waiver by the CITY
of such rights or a discharge of liability for any breach by DEVELOPER of the terms
hereof. Nor shall any delay by the CITY in the exercise or enforcement of its rights and
remedies limit or impair such right or remedy, or be construed as a waiver of the CITY'S
right to pursue its remedies.
5. TERMINATION. This agreement shall terminate on the date of final payment of
funds from the DEVELOPER to the CITY.
6. GOVERNING LAW. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the
parties under any of the provisions of this agreement, resolution of that dispute shall be
available exclusively through the jurisdiction, venue and rules of the King County
Superior Court, King County, Washington.
7. MODIFICATION. No waiver, alteration, or modification of any of the provisions
of this agreement shall be binding unless in writing and signed by a duly authorized
representative of each party.
8. CONSTRUCTION. This Agreement shall be liberally construed to effect the
purpose and intent hereof.
9. SEVERABILITY. If any proVISIOn of this Agreement is ruled invalid or
unenforceable for any reason by a court of competent jurisdiction, the remaining
provisions hereof shall remain in force and effect.
10. BINDING ON HEIRS, ASSIGNS AND SUCCESSORS. This agreement shall be
binding on the heirs, assigns and successors in interest of the parties hereto, and the
obligations hereunder shall run with the land described in Exhibit "A".
Exhibit "1', Resolution No. 4005
March 28, 2006
Page 3
IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written
above.
DEVELOPER: CITY:
CORNERSTONE HOMES & DEVELOPMENT LLC CITY OF AUBURN, a municipal corporation
By: By:
Name: Name:
Title: ~itle:
d7
Exhibit" 1", Resolution No. 4005
March 28, 2006
Page 4
STATE OF WASHINGTON )
) ss.
COUNTY OF )
ON THIS _ day of ,200_, before me, personally
appeared , to me known to be the , of said company that
executed the within and foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said company, for the uses and purposes therein mentioned, and
on oath stated that he/she was authorized to execute said instrument.
WI1NESS my hand and official seal hereto the day and year in this certificate first above
written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
STATE OF WASHINGTON)
) ss.
COUNTY OF )
ON THIS _ day of ,200_, before me, personally
appeared , to me known to be the Mayor of the CITY OF AUBURN, a
municipal corporation, the corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument.
WI1NESS my hand and official seal hereto the day and year in this certificate first above
written.
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission Expires:
Exhibit "1", Resolution No. 4005
March 28, 2006
Page 5
EXHmIT A
JOVITA HEIGHTS
Project No. 203191
LEGAL DESCRIPTION
PARCEL A:
LOTS 1 THROUGH 9IN BLOCK 4 AND LOTS 1,2 AND 3 OF BLOCK 13 OF
JOVITA HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 20 OF
PLATS AT PAGE 12, IN KING COUNTY, W ASHlNGTON;
TOGETHER WITH THAT PORTION OF TIlE FORMER SEATTLE-TACOMA POLE
LINE EASEMENT LYING WITHIN THE NORTIlWEST QUARTER OF SECTION
23, TOWNSHIP 21 NORTIl, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING SOUTHEASTERLY OF BLOCK 4 AND
NORTHWESTERLY OF BLOCK 13 OF SAID ADDITION AND BETWEEN THE
EASTERLY AND WESTERLY BOUNDARIES OF SAID BLOCKS.
AND LOTS 6 THROUGH 12IN BLOCK 13; EXCEPT THE EAST 250 FEET
THEREOF, AND ALL OF LOTS 13, 14, 16, 17, 18, AND 19 IN BLOCK 13 OF
JOVITA HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 20 OF
PLATS AT PAGE 12, IN KING COUNTY, WASHINGTON.
PARCEL B:
LOT 4, BLOCK 13, JOVITA HEIGHTS ADDITION, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF
KING COUNTY W ASHlNGTON.
PARCELC:
LOT 5, BLOCK 13, JOVITA HEIGHTS ADDITION, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF
KING COUNTY WASHINGTON.
PARCEL D:
LOT 4, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-OI-0007
(REVISED), RECORDED UNDER RECORDING NO. 20011106001193,
IN KING COUNTY WASHINGTON.
PARCEL E:
LOT 4A, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-OI-0007
(REVISED), RECORDED UNDER RECORDING NO. 20011106001193,
IN KING COUNTY WASHINGTON.
PARCEL F:
LOTS 5, 6, 7, 8 AND 9, BLOCK 25, JOVITA HEIGHTS, ACCORDING TO TIlE
PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12,
IN KING COUNTY WASHINGTON.
PARCEL G:
LOTS 2 AND 3, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER
LLA-04-0018, RECORDED UNDER RECORDING NO. 20041115002495,
IN KING COUNTY WASHINGTON.
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