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HomeMy WebLinkAbout05-11-2006 ITEM VIII-B-2--�CN AGENDA BILL APPROVAL FORM ACITYOF - WASHINGTON Agenda Subject: Resolution No. 4023. Request for an Outside Utility Extension Date: May 2, 2006 Agreement Department: Planning, Attachments: Resolution No. 4023 ; Draft Outside Budget Impact: Building and Community Utility Extension Agreement; Application including Applicant's site Ian; Public hearing notice Administrative Recommendation: City Council adopt Resolution No. 4023. SUBJECT: City File No. WSC04-0019 — Outside Utility Extension Agreement for proposed eighteen (18) lot plat located in unincorporated King County. APPLICANT: Baima and Holmberg Inc 100 Front Street South Issaquah, Washington 98027 Don Leabo, Greenridge Homes Redmond, Washington OWNER: Larry D. Miller ADDRESS: 12813 SE 312th Street PARCEL NUMBER: King County Assessor's Parcel Number 0921059174 PROPOSAL: The proposal is an outside utility extension agreement related to water and sewer service for a proposed eighteen (18) lot plat in unincorporated King County. The proposal is located within the City's Potential Annexation Area and has requested City water and sewer. L0511-1 A3.13.8 WSC04-0019 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 ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Krauss Meeting Date: May 11, 2006 1 Item Number: VI11.13.2 AUBURN *MORE THAN YOU IMAGINED Agenda Subject: Resolution No. 4023 Date: May 2, 2006 City of Auburn Comprehensive Plan Policy CE -3 was amended in 2004 to allow for the extension of City of Auburn utility services beyond the City limits only in specific circumstances (or until such time a joint planning agreement is in effect between the City and County to ensure city development standards are applied). This policy went into effect January 1, 2005 and allows those applications that do riot meet the specific exceptions and that were submitted prior to the January 1, 2005 date to be processed under a prior policy. The applicant's proposal does not meet any of the identified exceptions in the Comprehensive Plan Policy CE -3 but was submitted prior to that deadline. FINDINGS OF FACT 1. The applicant is requesting an outside utility service agreement for a proposed eighteen (18) lot plat generally located at 12813 SE 312th Street within the City of Auburn's Potential Annexation Area (PAA) in unincorporated King County. 2. Agreements to extend utility services outside the corporate limits of the City are authorized by RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170. 3. The proposed development involves a parcel approximately 3.47 acres in size. An existing house is on the property. The parcel is located in the City of Auburn's Potential Annexation Area (PAA) and is zoned "R6" in King County. 4. City of Auburn Comprehensive Plan Policy CE -3 states the City of Auburn will not provide sewer and/or water service outside of the city limits except in certain discrete circumstances or until such time the city and county enter into a joint planning agreement to ensure that city development standards are met. This policy went into effect January 1, 2005. However, water/sewer availability certificate applications submitted prior to that date are being processed under the prior City policy. The applicant's proposal was submitted prior to that timeline. 5. As the application was submitted prior to January 1, 2005, it is subject to City of Auburn Comprehensive Plan Policy CE -3 (Chapter 13 - City Expansion and Annexation) in effect prior to its amendment in December 2004. The former Comprehensive Plan Policy CE -3 stated, 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: 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 cledicated to Page 2 of 5 Agenda Subject: Resolution No. 4023 Date: May 2, 2006 the City of Auburn upon completion (e.g. sewer and water lines and appurtenances) shall be built strictly according to City standards and specifications." 6. Auburn City Code (ACC) Section 14.18.070(A) identifies the findings that must be made for an agreement to provide services outside of the City limits can 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." 7. An analysis of the proposal against the criteria in ACC 14.18.070(A) follows, a. The proposal is consistent with city development standards. The proposal has been reviewed by various city departments and, if conditioned, satisfies city development standards. b. The proposal is consistent with the Auburn Comprehensive Plan. The subject parcel is designated "Single Family Residential" on the City of Auburn Comprehensive Plan Map. The Lea Hill Task Force Report (1997) identifies the parcel as appropriate for LHR2 zoning if and when annexed into the City. The density proposed (18 single family dwellings on 3.47 acres) is approximately five (5.2) units/acre and is consistent with the City's "Single Family Residential" Comprehensive Plan designation and LHR2 zoning density. c. The property cannot be annexed immediately. The property is not adjacent to existing City limits and there are several intervening parcels between the existing city limits and this parcel. 10. Water/Sewer Utility Service. The Public Works Department has determined that water and sewer is available as follows: Water • The applicant shall abandon the on-site well in accordance with Washington State Dept of Ecology guidelines for decommissioning of a well as detailed in WAC 173-160-381. All existing water rights shall be transferred to the City of Auburn. (ACC 13.06.150) • Prior to final plat extend water main to eastern property line in road B. Sewer • The applicant shall extend the public sanitary sewer main to the proposed lots. A public sanitary sewer line currently exists along the west property line. This public sanitary sewer line will need to remain and access needs to be established to the manholes established along this system. • If the Applicant desires to run side sewers directly into the existing western line he may do so for those homes adjacent to the line. For other parcels being created the developer will be required to extend an 8" public sewer line, within easements or the public right of way. • All-weather maintenance roads shall be provided within the public sanitary sewer utility easements to allow access to manholes located outside of the paved roadway. 10. Other City standards. In addition to meeting City standards for water and sewer provision, the outside utility extension agreement water/sewer certificate should, if granted, be conditioned to address the following applicable items identified during the review process. Storm Drainage Page 3 of 5 Agenda Subject: Resolution No. 4023 Date: May 2, 2006 This development is located within the future annexation area for the City of Auburn; therefore as a condition of water and sewer availability, the development shall design all storm drainage facilities to City of Auburn Design and Construction Standards. Specifically, this development shall: • Provide direct maintenance access to all storm pond inlet and outlet structures. • Access to the storm pond shall be provided directly from an approved right-of-way meeting maintenance equipment slope and turning radius requirements. • Separate access to each individual pond cell is required. • A landscaping plan is required for review and approval by the City of Auburn to meet aesthetic requirements. Electrical power conduit shall be provided to the proposed pond. Traffic • Construct the subject property's frontage on SE 312th Street to county standards for an urban minor arterial. (SE 312th Street currently has sufficient right of way to center line to meet the King County road standard of 42 feet to centerline for an urban minor arterial. The current: right of way width would exceed what is required for the City of Auburn standard for a minor arterial. No additional right of way is required to satisfy City standards.) • The internal roads shall be constructed to city of Auburn standards for a local residential road requiring a 50 foot wide right of way. • Sight distance triangles shall be dedicated as right of way. • Extend and construct the development's main road south to the 60 -foot road easement. • No direct lot access to/from SE 312th Street shall be permitted. • Street lights shall be provided in accordance with City standards. • Access tracts shall meet city of Auburn standards for improvement and width. Fire • Fire hydrants shall be provided as necessary to maintain the city standard of a maximum distance of 600 feet between hydrants (Auburn City Code 13.16.060M). • "No Parking this side" signs, in accordance with City of Auburn standard details, shall be; installed prior to occupancy of structures on the site. Failure to provide the no parking signs will result in the street being declared a Fire Lane, and additional signage and painting will be required to meet Auburn City Code 10.36.075, Fire Lanes marking. 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 public facility development standards shall be complied with. CONCLUSIONS 1. The findings of fact indicate that the proposal can be made consistent with City Comprehensive Plan Policy CE -3. • Adequate urban services will be provided to the development; • Development can comply with King County standards for zoning and permitting; and, • The applicant shall comply with City public facility standards. 2. The applicant's proposal has met the criteria for the granting of a water/sewer availability certificate identified in ACC 14.18.070(A). RECOMMENDATION Based on the facts and findings and conclusions of the staff report, staff recommends that the Planning and Community Development Committee recommend to the City Council approval of the outside utility extension agreement subject to the following conditions: Page 4 of 5 Agenda Subject: Resolution No. 4023 Date: May 2, 2006 1. Water • The applicant shall abandon the on-site well in accordance with Washington State Dept of Ecology guidelines for decommissioning of a well as detailed in WAC 173-160-381. All existing water rights shall be transferred to the City of Auburn. (ACC 13.06.150) • Prior to final plat extend water main to eastern property line in road B. 2. Sewer • The applicant shall extend the public sanitary sewer main to the proposed lots. A Public sanitary sewer line currently exists along the west property line. This public sanitary sewer lime will need to remain and access needs to be established to the manholes established along this system. • If the Applicant desires to run side sewers directly into the existing western line he may do so for those homes adjacent to the line. For other parcels being created the developer will be required to extend an 8" public sewer line, within easements or the public right of way. • All-weather maintenance roads shall be provided within the public sanitary sewer utility easements to allow access to manholes located outside of the paved roadway. 3. Storm Drainage This development is located within the future annexation area for the City of Auburn; therefore as a condition of water and sewer availability, the development shall design all storm drainage facilities to City of Auburn Design and Construction Standards. Specifically, this development shall: • Provide direct maintenance access to all storm pond inlet and outlet structures. • Access to the storm pond shall be provided directly from an approved right-of-way meeting maintenance equipment slope and turning radius requirements. • Separate access to each individual pond cell is required. • A landscaping plan is required for review and approval by the City of Auburn to meet aesthetic requirements. • Electrical power conduit shall be provided to the proposed pond. 4. Traffic • Construct the subject property's frontage on SE 312`h Street to county standards for an urban minor arterial. (SE 312th Street currently has sufficient right of way to center line to meet the King County road standard of 42 feet to centerline for an urban minor arterial. The current: right of way width would exceed what is required for the City of Auburn standard for a minor arterial. No additional right of way is required to satisfy City standards.) • The internal roads shall be constructed to city of Auburn standards for a local residential road requiring a 50 foot wide right of way. • Sight distance triangles shall be dedicated as right of way. • Extend and construct the development's main road south to the 60 -foot road easement. • No direct lot access to/from SE 312th Street shall be permitted. • Street lights shall be provided in accordance with City standards. • Access tracts shall meet city of Auburn standards for improvement and width. 5. Fire Fire hydrants shall be provided as necessary to maintain the city standard of a maximum distance of 600 feet between hydrants (Auburn City Code 13.16.060M). "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed prior to occupancy of structures on the site. Failure to provide the no parking signs will result in the street being declared a Fire Lane, and additional signage and painting will be required to meet Auburn City Code 10.36.075, Fire Lanes marking. 6. 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 public facility development standards shall be complied with. Page 5 of 5 RESOLUTION NO. 4023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OUTSIDE UTILITY EXTENSION AGREEMENT BETWEEN THE CITY OF AUBURN AND LARRY MILLER FOR EXTENSION OF WATER AND SEWER SERVICES TO PROPERTY LOCATED AT 12813 SE 312TH STREET WHEREAS, pursuant to RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170, cities are authorized to enter into agreements to extend utilities to property outside the corporate limits of the City, and to develop projects whereby, pursuant to negotiated agreements, 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, Mr. Don Leabo, Greenridge Homes has a development project for which water and sewer services are needed, the location of which is 12813 SE 312" Street; and, WHEREAS, it is advantageous for the City and the Developer to reach agreement on the conditions and applicable standards 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, if any,, and as to the types of improvements that will be built; and, -------------------------------------- Resolution No. 4023 May 4, 2006 Page 1 WHEREAS, state law requires that such projects be consistent with current local regulatory requirements, and the City's Outside Utility Extension Agreement would be able to assure such consistency, while at the same time fixing requirements for future planned phases; and, WHEREAS, pursuant to Section 14.18.020 et seq. of the City Code and, a public hearing before the Auburn City Council Planning and Community Development Committee was held on the 8th day of May 2006, on the proposed Outside Utility Extension 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 an Outside Utility Extension Agreement with Larry Miller, property owner, for extension of water and sewer services to the development property located at 12813 SE 312TH Street.. 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 Larry Miller for the extension of water and sewer services to property located at 12813 SE 312TH Street, which agreement shall be in substantial Resolution No. 4023 May 4, 2006 Page 2 conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. 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 outside utility extension agreement with the real property records of King County, Washington, applicable City codes. Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. DATED and SIGNED this day of , 2006. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 4023 May 4, 2006 Page 3 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution No. 4023 May 4, 2006 Page 4 Return Address: City of Auburn Planning Dept. 25 West Main Street Auburn, WA 98001 Application No. WSC04-0019 Parcel Number(s) 092105-9174 Additional legal on page 12 OUTSIDE UTILITY EXTENSION AGREEMENT (PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT) The Agreement executed herein between the City of Auburn, Washington, a municipal corporation, hereinafter referred to as "CITY" and Don Leabo, 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 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. RES 4023 WSC04-0019 May 2, 2006 Page 1 1.4. This Agreement to extend water and sewer services outside the corporate limits of the CITY is authorized by RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170, and shall not be construed as an agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. The OWNER hereby acknowledges the authority of the City to enter into utility extension agreements pursuant to RCW 35.67.310, RCW 35.91.020 and RCW 35.92.170, and as part of the consideration of the City entering into this agreement, and the concessions and accommodations of standards, otherwise applicable, the OWNER covenants not to challenge this agreement or the authority under which it was made. The OWNER also hereby acknowledges that neither this Agreement nor the action of the CITY to make and/or approve this Agreement constitutes a land use decision within the meaning and purpose of the Land Use Petition Act (LUPA), pursuant to RCW Chapter 36.70C. The concessions and accommodations negotiated by the parties in this agreement included, but are not limited to: 1. The development will not be required to dedicate additional right of way on SE 312th Street as the existing right-of-way exceeds city standards no will the proposal be required to build a half street improvement on this frontage to a lesser right-of-way width lust to exactly meet city standards 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 RES 4023 WSC04-0019 May 2, 2006 Page 2 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 fulfillling 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 OUTSIDE UTILITY EXTENSION AGREE=MENT, or upon the invalidation of this AGREEMENT by judicial action, operatiori 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: 12813 SE 312th Street 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: RES 4023 WSC04-0019 May 2, 2006 Page 3 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 documerts 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 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 RES 4023 WSC04-0019 May 2, 2006 Page 4 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 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 RES 4023 WSC04-0019 May 2, 2006 Page 5 • The applicant shall abandon the on-site well in accordance with Washington State Dept of Ecology guidelines for decommissioning of a well as detailed in WAC 173-160-381. All existing water rights shall be transferred to the City of Auburn. (ACC 13.06.150) • Prior to final plat extend water main to eastern property line in road B. 4.2. Sewer • The applicant shall extend the public sanitary sewer main to the proposed lots. A Public sanitary sewer line currently exists along the west property line. This public sanitary sewer line will need to remain and access needs to be established to the manholes established along this system. If the Applicant desires to run side sewers directly into the existing western line he may do so for those homes adjacent to the line. For other parcels being created the developer will be required to extend an 8" public sewer line, within easements or the public right of way. • All-weather maintenance roads shall be provided within the public sanitary sewer utility easements to allow access to manholes located outside of the paved roadway. 4,3. Storm Drainage This development is located within the future annexation area for the City of Auburn; therefore as a condition of water and sewer availability, the development shall design all storm drainage facilities to City of Auburn Design and Construction Standards. Specifically, this development shall: • Provide direct maintenance access to all storm pond inlet and outlet structures. • Access to the storm pond shall be provided directly from an approved right-of-way meeting maintenance equipment slope and turning radius requirements. • Separate access to each individual pond cell is required. • A landscaping plan is required for review and approval by the City of Auburn to meet aesthetic requirements. • Electrical power conduit shall be provided to the proposed pond. 4.4 Traffic • Construct the subject property's frontage on SE 312th Street to county standards for an urban minor arterial. (SE 312th Street currently has sufficient right of way to center line to meet the King County road standard of 42 feet to centerline for an urban minor RES 4023 WSC04-0019 May 2, 2006 Page 6 arterial. The current right of way width would exceed what is required for the City of Auburn standard for a minor arterial. No additional right of way is required to satisfy City standards.) • The internal roads shall be constructed to city of Auburn standards for a local residential road requiring a 50 foot wide right of way. • Sight distance triangles shall be dedicated as right of way. • No direct lot access to/from SE 312th Street shall be permitted. • Street lights shall be provided in accordance with City standards. • Access tracts shall meet city of Auburn standards for improvement and width. 4.5. Fire • Fire hydrants shall be provided as necessary to maintain the city standard of a maximum distance of 600 feet between hydrants (Auburn City Code 13.16.060M). • "No Parking this side" signs, in accordance with City of Auburn standard details, shall be installed prior to occupancy of structures on the site. Failure to provide the no parking signs will result in the street being declared a Fire Lane, and additional signage and painting will be required to meet Auburn City Code 10.36.075, Fire Lanes marking. The placement of "No parking" signage in the cul- de-sac shall be determined by the City Fire Marshal. 4.6. 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 public facility development standards shall be complied with. 5. GENERAL PROVISIONS The OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5.1. The OWNER agrees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a conflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply. 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 4023 WSC04-0019 May 2, 2006 Page 7 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 OUTSIDE UTILITY EXTENSION 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 4023 WSC04-0019 May 2, 2006 Page 8 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, PROVIDED that the extension of utility services by the CITY is expressly conditioned upon the OWNER and DEVELOPER making the improvements to the PROPERTY in accordance with the standards described herein; and Failure of the OWNER and DEVELOPER to do so as promised shall terminate any responsibility on the CITY's part to provide such utility services. 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 , 2006. CITY OF AUBURN PETER B. LEWIS MAYOR RES 4023 WSC04-0019 May 2, 2006 Page 9 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 2006, 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 4023 WSC04-0019 May 2, 2006 Page 10 Owner: Larry D. Miller STATE OF WASHINGTON ) ss COUNTY OF KING On this day of 2006, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Larry D. Miller the OWNER 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 4023 WSC04-0019 May 2, 2006 Page 11 ATTACHMENT A LEGAL DESCRIPTION: PARCEL NO. 092105-9174 A PORTION OF THE SE QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST. LOT 1, KING COUNTY SHORT PLAT NO. 876007, RECORDED UNDER RECORDING NUMBER 7703220840, RECORDS OF KING COUNTY, WA RES 4023 WSC04-0019 May 2, 2006 Page 12 REQUEST FOR CERTIFICATE OF WATER AND/OR SEWER AVAILABILITY FOR GENERAL DEVELOPMENT APPLICATION NO.: DATE RECEIVED: —/� APPLICATION FEE: $257. T.R. #: Staff Project Coordinator: ***Do not write above the line*** 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. RECEIVED THIS IS A REQUEST FOR (check one or both): (J 0 v 1 0 2004 SEWER AVAILABILITY � WATER AVAILABILITY PLANNING DEPARTMENT APPLICANT (Name, Address & Phone): AGENT (Name, Address & Phone): Ames, Shupe Hoirnt Baima & Holmberg, Inc. 100 Front St. South Issaquah, WA 98027 425-392-0250 GENERAL LOCATION OF DESIRED SERVICE: Street Address (if known): 121,813%,,31, St. Parcel No. (Tax ID No.) for the subject property: 4192105-9174 Section No., Township, Range in which property is located: SE 9-21-5 TYPE OF APPROVAUPERMIT BEING REQUESTED FROM THE COUNTY: BUILDING PERMIT SHORT SUBDIVISION (number of lots: ) PRELIMINARY PLAT OR PUD (number of lots: 19 _) REZONE FROM TO OTHER (specify): Water -Sewer e2Certificate for General Development Page 4 of 6 Sep A 04 0 i DLSC 11 PROP M + 9 i A i (itttA ad i� ALL: ' BH -6 w: Name x • ,i • �i • II i3 INC t KNOO Ownc A&I i To BR CO ACCO • i + Co +` Sit Ln' i . Pap 2 425 558 2032 r�NHY YOU NEED SEWER ANWOR WATER SERVICI!_ H'R OW W.,L rs I1SBD AFT11R SF.WP.R ANDIOR WATER 1% AYAILABt.t ? WHAT- Pl ,Vh'to UHVEii.OP'I'Hl's MOPERTY9 (be as specific as you a1n) IT SINGLE FAMILY RESIDENTIAL SUBDIVISION—......... shcctQ if nce") HAVING AN OWNERSHIP INP RhST.IN THE PROPERTY MUST Y 6 d'fs erg& Foo r P_RTIFY 'J1W1' 1MH INFORMATION CONTAINED IN IUS APPLdCAT101 ANY AiTACHN]T'M, IS TRUE AND CORRECT' TO THE BEST OF M 49 L/ T) c bKW COMPLETE., THIS APPLICAT ON FORM MUST BF: y BY: Legal Description (see Section 4A of the It dmetions), (including infomation IlsW in Secdbn 48 ot'(hc hutructions); cental ChockGst, unlm w=pt (sea Seotion 4C of the ]ostmotiow). FAMILY CITY OF A�,tm--Bu WASHINGTON Peter B. Lewis, Mayor 25 West Main street * Aubum WA 98001-4998 *,aubumwa.gov * 253-931-3000 NOTICE OF PUBLIC HEARING The Planning and Community Development Committee of the City Council of the Cipof Auburn, Washington, will conduct a public hearing on Monday May g, 2006 at 5:00 m. in the Council Chambers of the Auburn City Hall located at 25 West Main Street on the following: FILE NO.: WSC04-0019 APPLICANT Baima and Holmberg, Inc 100 Front Street S Issaquah, WA 98027 Don Leabo, Greenidge Homes Redmond, WA OWNER Larry Miller 12813 SE 312' Street Auburn, WA 98098 LOCATION: 12813 SE 312' Street, Auburn, WA PROPOSAL IS: Request is for the issuance of water and sewer availability cerWoat 19 lot preliminary plat„ (The plat will be processedes for an King County Assessor's Parcel number 092105-914Y kg County) The City of Auburn has been asked to provide sewer and/or water to this project. In order t sewer and/or water to this project the City of Auburn must find that the ° Provide appropriate City development standards. Development standards °p°Sci conforms to w storm drainage utilities, street construction standards, access, etc. tyP�ai�+ include sewer, water and At this public hearing, the City will not be deciding or discussing whether the consistent with Kina g nl requirements such as zoning, land use, wetlands, or the proposal �s environmental impacts the project may have upon surrounding Only King= has the authority to decide those - properties or neighborhoods„ the developer. Issues involving zoning, land use (i.e� ensity) and enyironmough its I nd e tal impacts ss with associated with this proposal must therefore be addressed to King�nty Pacts DEPARTMENT OF PLANNING AND CO 25 WEST MAIN STREET, AUBURN WA 98 931-3090 DEVELOPMENT ATTRTTDAT,_:.--v-_.___