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HomeMy WebLinkAboutITEM VIII-B-2 AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4066 - Draft Outside Utility Extension Date: July 31, 2006 Aoreement Department: Planning I Attachments: Resolution No. 4066; Draft Budget Impact: Outside Utilitv Extension Aoreement Administrative Recommendation: City Council adopt Resolution No. 4066. Background Summary: In December 2004, the City of Auburn City Council approved amendments to the Auburn Comprehensive Plan related to the provision of utility services outside of the City limits but within the Potential Annexation Area (PM). In summary, the City's policy (Comprehensive Plan Policy CE-3) is that, except in limited circumstances, the City would not provide utility services outside of the City limits but within the Potential Annexation Area (PM) unless a joint planning agreement is in place with the county to ensure city standards are met with development. As an alternative, a property (properties) could annex to the City. A King County initiated PM pilot program started in 2005 involving the cities of Auburn and Federal Way failed to produce a joint planning agreement. Both cities have therefore since directed their focus to recently enacted state law (SB 6686) and seeking the County's financial and technical support in moving toward annexations. The Foleys are the owners of a 4.43 acre parcel (11624 SE 304th SE; King County Assessor's Parcel No. 7867000005) located outside the corporate limits of the City of Auburn, but within the City's PM and within the City's water and sewer service area. Due to a job transfer, the Foley's have recently relocated to another state and are trying to sell the property, but have indicated that the sale of the property to developers has been difficult without a means to obtain water/sewer availability certificates. The property is currently being rented. In an effort to address this situation the City, King County and the Foley's have developed a site-specific outside utility extension agreement intended to better ensure that city standards will be applied with future development of the property. Should this agreement be approved, the City and the Foleys agree to work together to develop a preliminary plat application that complies with applicable City development standards, while meeting or exceeding King County development standards. The Foleys agree that the City does not have to provide water and sewer service to their property unless the preliminary plat contains the City's conditions and the subdivision is constructed to meets those conditions. L0807 -05 A3.13.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: o Arts Commission COUNCIL COMMITTEES: o Building o M&O o Airport o Finance o Cemetery o Mayor o Hearing Examiner o Municipal Servo o Finance o Parks o Human Services ~ Planning & CD o Fire ~ Planning o Park Board ~Public Works ~ Legal o Police o Planning Comm. o Other o Public Works o Human Resources o Information Services Action: Committee Approval: DYes ONo Council Approval: DYes ONo Call for Public Hearing _1---1_ Referred to Until _1_1- Tabled Until ---1---1_ Councilmember: Norman 1 Staff: Osaki Meetino Date: Auoust 7, 2006 litem Number: VIII.B.2 AUBURN * MORE THAN YOU IMAGINED Agenda Subject: Resolution No. 4066 Date: July 24, 2006 Should this agreement be approved, the King County Department of Development and Environmental Services (DDES) agrees to enforce the City conditions, if those conditions are included in an approved preliminary plat of the Foley property. Like other outside utility extension agreements the City has entered into with private property owners, a petition and covenant for annexation is included within the agreement. However, this agreement differs from prior City outside utility extension agreements in that King County DDES has agreed to be a party to its implementation and execution. Such a commitment from the County has never existed before. During the process of developing this site-specific agreement, the County indicated that it does not wish to implement many of these site specific agreements. This three party agreement (County, City and property owner) could therefore be the only one processed under this concept. In reviewing the proposal on July 24, 2006, the PCD Committee recommended to City Council that a fee be established for review of a proposal eventually subject to this three party outside utility extension agreement and requested that it (fee schedule amendment) be brought forward at the same city council meeting. An amendment to the City's fee schedule is therefore being brought forward under a separate resolution on the August 7, 2006 Council meeting agenda. Finally, since the time of the PCD Committee meeting, legal staff has recommended that minor clarifying language be added to the agreement noting that the intent of the agreement is to establish a "process" for further review of the site specific development proposal. This language has been incorporated. Page 2 of 2 RESOLUTION NO. 4066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN OUTSIDE UTILITY EXTENSION PROCESS AGREEMENT BETWEEN THE CITY OF AUBURN, KING COUNTY, AND LISA L. AND STEVEN G. FOLEY WHEREAS, the Foleys are the owners of property located outside the corporate limits of the City of Auburn, but within the City's potential annexation area and within the City's water and sewer service area; and WHEREAS, the Foleys have requested that the City furnish water and sewer services to their property; and WHEREAS, It is in the interest of the citizens of Auburn that all developments which could be annexed into the City are constructed in accordance with City development standards; and WHEREAS, the Foleys intend to seek preliminary plat approval from King County for their property; and WHEREAS, the City and the Foleys agree to work together to develop a preliminary plat application that complies with applicable City development standards ("City Conditions"), while meeting or exceeding King County development standards; and WHEREAS, the Foleys agree that the City does not have to provide Resolution No. 4066 July 18, 2006 Page 1 of 3 water and sewer service to their property unless the preliminary plat contains the City Conditions and the subdivision is constructed to meets those conditions; and WHEREAS, the King County Department of Development and Environmental Services has agreed to enforce the City Conditions, if those conditions are included in an approved preliminary plat of the Foley property; and WHEREAS, it is in the public interest for the parties to enter into an outside utility extension process agreement. 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 Outside Utility Extension Process Agreement between the City of Auburn, King County, and Lisa L. and Steven G. Foley, 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. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4066 July 18, 2006 Page 2 of 3