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ORDINANCE NO. 5 i 4 7
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING
AUBURN CITY CODE SECTION 14.18.020 ENTITLED "APPLICATION,
SUBMITTAL AND CONTENTS" WHICH IS CONTAINED IN CHAPTER 14.18
ENTITLED "WATER AND SEWER AVAILABILITY CERTIFICATES" IN TITLE
14 ENTITLED "PROJECT REVIEW" TO REFLECT THAT THE MANUAL
ENTITLED "CITY OF AUBURN DESIGN AND CONSTRUCTION STANDARDS"
REPLACES THE MANUAL ENTITLED "DEVELOPER DESIGN MANUAL".
WHEREAS, it is in the public interest to have a
comprehensive and inclusive list of design requirements which
are contained in the new "City of Auburn Design and
Construction Standards";
NOW, THEREFORE THE CITY COUNCIL OF
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Auburn City Code Section 14.18.020 entitled
"Application, submittal and contents" which is contained in
Chapter 14.18 entitled "Water and Sewer Availability
Certificates", is hereby amended as set forth in attached
Exhibit "A" which is by this reference made a part hereof as
Section 2.
to be separate
though set forth in full herein.
The provisions
and severable.
sentence,
ordinance,
THE CITY OF AUBURN,
of this ordinance are declared
The invalidity of any clause,
paragraph, subdivision, section or portion of this
or the invalidity of the application thereof to any
Ordinance No. 5147
September 22, 1998
Page I
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person or circumstance shall not affect the validity of the
remainder of this ordinance, or the validity of its
application to other persons or circumstances.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication, as provided by law.
INTRODUCED:
PASSED:
APPROVED:
October 19, 1998
October 19, 1998
October 19, 1998
CHARLES A. BOOTH
ATTEST:
Dan-ielle E. Daskam,
City Clerk
Ordinance No. 5147
September 22, 1998
Page 2
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APPROVED AS TO FORM:
Michael U~. Reynolds,
City Attorney
Ordinance No. 5147
September 22, 1998
Page 3
Chapter 14.18
WATER AND SEWER
AVAILABILITY CERTIFICATES
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.
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. (Ord. 4872 § 1, 1996.)
14.18.020 Application, submittal and contents.
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 following:
A. A completed application form, blank copies of which are available from the department;
B. 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;
C. 1. Seven copies of the site plan or plat map including the following information:
a. Vicinity map;
b. Boundaries and dimensions of property;
c. Adjacent public and private streets;
d. Easements, existing and proposed;
e. Location of all fire hydrants;
f. Location of building, including setbacks;
g. Topography of site and surrounding area.
Ordinance No. 5147
Exhibit A
September 22. 1998
Page 1
2. If application is for development other than an individual single-family home, the
following additional information is necessary:
a. Boundaries and dimensions of any existing or proposed lots;
b. Proposed public streets with a typical cross-section;
c. Location and size of all existing and proposed utilities;
d. Location and layout of off-street parking;
D. If, for some reason, the development cannot meet city codes and regulations as contained
in the land division ordinance or the City of Auburn Design and Construction
Standard ....... r ...... ~ .......... , a letter describing the particular circumstance and portion
of the code that cannot be met with an explanation why it cannot be met;
E. Filing Fees.
1. Individual single-family home: none;
2. All others: $250.00. (Ord. 4872 § 1, 1996.)
14.18.030 Public hearing.
A. 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.
B. 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:
I. 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 bc posted within 300 feet of the proposal. (Ord. 4872 §
1, 1996.)
14.18.040 Administrative review.
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, utilities; 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:
1. 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 pre-
annexation agreement shall be prepared and signed by the city and the applicant. The pre-
annexation agreement must be recorded by the King County assessor's 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.
Ordinance No. 5147
Exhibit A
September 22~ 1998
Page 2
2. All 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 ACC 14.18.030 and 14.18.050.
B. If upon review by city departments and divisions, it is found that the development cannot
meet all development standards, for reasons outlined in ACC 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 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 ACC 14.18.030 and 14.18.050. (Ord. 4872 § 1, 1996.)
14.18.050 Planning and community development committee.
The planning and community development committee, following the closure of the public
hearing, shall recommend to thc 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
ACC 14.18.070(A). (Ord. 4872 § 1, 1996.)
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 bearing. 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 reeommandations 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 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. (Ord. 4872 § 1,
1996.)
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. Thc development is consistent with the city comprehensive plan; and
3. The property cannot be annexed immediately.
Ordinance No. 5147
Exhibit A
September 22~ 1998
Page 3
B. Modifications to city standards may be granted only if findings of fact are drawn to
support the following:
1. 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
2. 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 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. (Ord. 4872 § 1, 1996.)
14.18.080 Notice of decision to applicant.
Following adoption of an ordinance approving or rejecting a development agreement, the
director shall notify thc 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
thc city prior to the issuance of the water and/or sewer availability certificates. (Ord. 4872 § l,
1996.)
14.18.090 Adjustments of an approved development agreement.
A. 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.
B. Major Adjustments. Major adjustments are those which, 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. (Ord. 4872 § 1, 1996.)
14.18.100 Time limitations.
A. A dev¢loptncnt agreement shall run with the title of the property.
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. (Ord. 4872 § 1, 1996.)
Ordinance No. 5147
Exhibit A
September 22~ 1998
Page 4