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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
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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
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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
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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"