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HomeMy WebLinkAbout4872 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. 4 8 7 ~. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE ESTABLISHMENT OF DEVELOPMENT AGREEMENTS, PREA/FNEXATION AGREEMENTS AND THE ISSUANCE OF WATER AND SEWER AVAILABILITY CERTIFICATES; REQUIRING AND ESTABLISHING A PROCESS FOR PUBLIC HEARINGS, ADOPTING ADMINISTRATIVE PROCEDURES FOR THE REVIEW OF WATER AND SEWER AVAILABILITY APPLICATIONS; AND ADDING A NEW CHAPTER 14.18 TO THE AUBURN CITY CODE IN ORDER TO IMPLEMENT CHAPTER 36.70B RCW REQUIREMENTS. WHEREAS, the City of Auburn is authorized by RCW 35.67.310 and RCW 35.92.170 to extend water and sewer services outside the corporate limits of the CITY; and WHEREAS, it is in the interest of the citizens of the CITY to insure that all public improvements 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 construction standards; and WHEREAS, 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 is recognized by Washington law; and WHEREAS, the CITY'S Comprehensive annexation or a commitment Plan requires to future annexation and compliance Ordinance No. 4872 June 13, 1996 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 with certain other conditions as a prerequisite for the extension of utility service outside the corporate limits of the CITY; and WHEREAS, the Regulatory Reform Act, codified in chapter 36.70B RCW, defines the City's requirement that these developments meet all City development standards as a development agreement which can only be signed by the City after adopting an ordinance approving such an action after the legislative body or holding a public hearing in front of other designated body; and WHEREAS, to comply with these provisions of the Act, there is hereby created a new Chapter 14.18 entitled "Water and Sewer Availability Certificates which is added to the Auburn City Code. NOW, THEREFORE, THE CITY COUNCIL OF THE WASHINGTON, DO ORDAIN AS FOLLOWS: ~ Chapter Availability Certificates, CITY OF AUBURN, 14.18 entitled "Water and Sewer are hereby added to the Auburn City Code as set forth in attached Exhibit "A" which is by this reference made a part hereof as though fully set forth herein. Ordinance No. 4872 June 13, 1996 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 phrase or adopted herein, is for any unconstitutional by any court of portion shall be deemed a separate, provision, and such holding shall provisions thereof. ~ The Mayor is such administrative procedures as may out the directions of this legislation. ~ This Ordinance shall force five (5) days from and after its publication, as provided by law. If any section, subsection, sentence, clause, portion of this Ordinance or any of the provisions reason held invalid or competent jurisdiction, such distinct and independent not affect the remaining hereby authorized to implement be necessary to carry take effect and be in passage, approval and INTRODUCED: PASSED: APPROVED: CHARLES A. BOOTH MAYOR Ordinance No. 4872 June 13, 1996 Page 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 8 ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: 1 y Attorney PUBLISHED: Ordinance No. 4872 June 13, 1996 Page 4 Chapter 14.18 WATER AND SEWER AVAILABILITY CERTIFICATES Sections: 14.18.010 14.18.020 14.18.030 14.18.040 14.18.050 14.18.060 14.18.070 14.18.080 14.18.090 14.18.100 Preapplication conference. Application, submittal and contents. Public hearing. Administrative review. Planning and Community Development Committee review. City Council review. Findings of fact. Notice of decision to applicant. Adjustments of an approved development agreement. Time limitations. 14.18.010 Preapplication conference. Persons considering making application for water and/or sewer availability certificates other than for individual single family homes are encouraged to request that a preapplication conference be held with appropriate City staff. Such request shall be directed to the planning director, and upon its receipt the director shall schedule a conference between the prospective applicant and appropriate City staff. The purpose of a preapplication conference is for the prospective applicant and City staff to gain a common understanding of the nature of the contemplated development and subsequent development, and any procedures, rules, standards and policies which may apply. The prospective applicant is encouraged to bring to the conference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the contemplated and subsequent development. Such information may include photographs, sketches, and maps. The director or the prospective applicant may request that an additional conference or conferences be held to further the purpose of this section. 14.18~1 Ordinance No. 4872 Exhibit "A" 14.18.020 Application, submittal and contents. A. Application for water and/or sewer availability certificates shall be submitted to the department of planning and community development, shall be accompanied by applicable fees as established by ordinance and shall include the f~llowing: 1. A completed application form, blank copies of which are available from the department; 2. Legal description of the property. Description must be described with a ~metes and bounds" legal description, unless the property is part of a recorded subdivision. Along with the legal description, the parcel number (tax I.D. number) must also be provided; 3. Seven (7) copies of the site plan or plat map including the following information: · Vicinity map · Boundaries and dimensions of property Adjacent public and private streets · Easements existing and proposed · Location of all fire hydrants · Location of building, including setbacks · Topography of site and surrounding area If application is for development other than an individual single family home, the following additional information is necessary: · Boundaries and dimensions of any existing or proposed lots · Proposed public streets with a typical cross-section · Location and size of all existing and proposed utilities · Location and layout of off-street parking 14.18-2 Ordinance No. 4872 Exhibit "A" 4. If, for some reason, the development cannot meet City codes and regulations as contained in the Land Division Ordinance or the Developer Design Manual, a letter describing the particular circumstance and portion of the code that cannot be met with an explanation why it cannot be met. 5. Filing fees: Individual single family home: none All others: $250. 14.18.030 Public hearing. ao Upon receipt of a complete application for development, other than an individual single family home, the director shall tentatively set a date for a public hearing to be held before the Planning and Community Development Committee. Every hearing held for the purposes of this chapter shall be open to the public, and a record of the hearing shall be kept and made available for public inspection. Any notice of public hearing required by this section shall include the hour, date and location of the hearing and a description of the property to be subdivided. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. C. The planning director shall cause notice of the hearing to be given in the following manner: 1. Notice shall be published not less than 10 days prior to the hearing in a newspaper of general circulation within the county where the real property which is proposed to be subdivided is located; 2. Five public notices shall also be posted within 300 feet of the proposal. 14.18.040 Administrative review. 14.18-3 Ordinance No. 4872 Exhibit "A" A. The director shall forward to appropriate City departments and divisions, one copy of the application for water and/or sewer availability, together with copies of any appropriate accompanying documents. The City departments and divisions shall review the proposal as to the availability of water and sewer, the conformance of the proposal to any plans, City policies or regulations pertaining to streets, utilJ, ties; and regarding any other issues related to the interests and responsibilities of the department or division. The application will then be processed in the following manner: Individual Single Family Home. If upon review by City departments and divisions, it is found that the single family home meets all relevant City development standards, a preannexation agreement shall be prepared and signed by the City and the applicant. The preannexation agreement must be recorded by the King County Assessors office and returned to the City prior to the issuance of the water and/or sewer availability certificates. If it is found that, for any reason, the individual single family home cannot meet City development standards, the application shall be processed as an "other development" as described below. 2 o Ail other developments. If upon review by City departments and divisions, it is found that the development meets all relevant City development standards, a development agreement will be drafted which states that the applicant agrees to meet City development standards on this action and all subsequent development of the property. The development agreement will then be forwarded to the Planning and Community Development Committee for a public hearing as outlined in sections 14.18.030 and 14.18.050. If upon review by City departments and divisions, it is found that the development cannot meet all development standards, for reasons outlined in Section 14.18.070(B), a development agreement will be drafted detailing the City development standards that cannot be met and an agreed upon variation from the standard. The development agreement will state that the applicant agrees to meet all City development standards, or the specified variations 14.18-4 Ordinance No. 4872 Exhibit "A" from City standards, on this action and all subsequent development of the property. The development agreement will then be forwarded to the Planning and Community Development Committee for a public hearing as outlined in sections 14.18.030 and 14.18.050. 14.18.050 Planning and Community Development Committee. A. The Planning and Community Development Committee, following the closure of the public hearing, shall recommend to the City Council that the City sign a development agreement with the applicant or to not sign a development agreement with the applicant. The Planning and Community Development Committee shall not recommend approval of the development agreement unless it finds the proposal is in conformance with the findings of fact as outlined in 14.18.070(A). 14.18.060 City Council review. A. Upon receipt of the Planning and Community Development Committee's recommendation, the City Council shall, at its next public meeting approve, remand the recommendation to the Committee or schedule a closed record hearing. Any aggrieved person may request the Council to conduct its own closed record hearing. B. In its deliberations on a proposed development agreement, the Council shall consider, but shall not be bound by, the findings, conclusions and recommendations of the Planning and Community Development Committee, and all testimony and other evidence presented during the Planning and Community Development Committee public hearing. After considering the development agreement, the Council may approve, approve with conditions, reject or return the application to the applicant for corrections or modifications. C. When the Council makes its decision on the development agreement, it shall adopt an ordinance prepared by the City 14.18-5 Ordinance No. 4872 Exhibit "A" B. Water and sewer availability certificates expire in one year, but are renewable. It is not necessary to sign a new development agreement provided all of the terms of the original agreement can still be met. 14.18-8 Ordinance No. 4872 Exhibit "A" attorney. An ordinance prepared under this subsection shall include formal findings of fact and conclusions supporting the decision. If the development meets all City development standards, the findings shall affirm that the development conforms with all applicable City development standards. If the development agreement allows variations from some City standards, the variations shall be specified in the ordinance. 14.18.070 Findings of fact. 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; B. Modifications to City standards may be granted only if findings of fact are drawn to support the following: Special circumstances related to the size, shape, topography, location or surroundings of the subject property, to provide the owner with development rights and privileges permitted to other properties in the vicinity and in the zoning district in which the subject property is located; or o That, because of 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 14.18-6 Ordinance No. 4872 Exhibit "A" previously approved or constructed to King County standards; or 4. When applying City standards puts the developer in a position where King County will not allow that development to take place. 14.18.080 Notice of decision to applicant. Following adoption of an ordinance approving or rejecting a development agreement, the director shall notify the applicant of the decision. The notice shall be accompanied by a copy of the adopted ordinance. If the ordinance is to approve the development agreement, the notice shall advise the applicant that the development agreement must be signed by the applicant and recorded by the King County Assessor's office. The development agreement must be returned to the City prior to the issuance of the water and/or sewer availability certificates. 14.18.090 Adjustments of an approved development agreement. Minor Adjustments. Minor adjustments may be made and approved by the planning director. Minor adjustments are those which do not violate the terms of the development agreement. Bo Major Adjustments. Major adjustments are those, when determined by the planning director, violate the terms of the development agreement. When the planning director determines a change constitutes a major adjustment, an amendment to the development agreement must be developed and signed after the development is approved through the process as if it was a completely new application. 14.18.100 Time limitations. A. A development agreement, property. shall run with the title of the 14.18-7 Ordinance No. 4872 Exhibit "A"