HomeMy WebLinkAbout5306 ORDINANCE NO. 5 3 0 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON AMENDING AUBURN CITY CODE CHAPTER 14,18
ENTITLED "WATER AND SEWER AVAILABILITY CERTIFICATES" TO BE
ENTITLED "WATER AND SANITARY SEWER AVAILABILITY
CERTIFICATES"; AMENDING SECTIONS 14.18.010 ENTITLED
"CLARIFICATION", 14.18.030 ENTITLED "PUBLIC HEARING", 14.18.040
ENTITLED "ADMINISTRATIVE REVIEW", 14.18.060 ENTITLED "CITY
COUNCIL REVIEW" AND 14.18.090 ENTITLED "ADJUSTMENTS OF AN
APPROVED DEVELOPMENT AGREEMENT" FOR CLARIFICATION;
AMENDING SECTION 14.18.020 ENTITLED "APPLICATION, SUBMITTAL
AND CONTENTS" TO REQUIRE ADDITIONAL INFORMATION FOR SITE
PLANS AND TO ESTABLISH PROVISIONS FOR REQUESTS FOR
MODIFICATION; AMENDING SECTION 14.18.080 ENTITLED "NOTICE OF
DECISION. TO APPLICANT" TO ADD A NEW SUBSECTION REGARDING
APPROVAL OF A DEVELOPMENT AGREEMENT; AND ADDING NEW
SECTIONS 14.18.002 ENTITLED "PURPOSES", 14.18.004 ENTITLED
. "PROPERTY ADJACENT TO CITY LIMITS", 14.18.006 ENTITLED
"DEFINITIONS", 14.18.074 ENTITLED "CONDITIONS OF APPROVAL" AND
14.18.094 ENTITLED "COMPLIANCE WITH THIS CHAPTER AND THE
TERMS OF A DEVELOPMENT AGREEMENT".
WHEREAS, the Auburn City Code Chapter 14.18 presently entitled
"Water and Sewer Availability Certificates" contains the regulations for the
issuance of water and/or sanitary sewer certificates for developments outside
the city limits; and
WHEREAS, the primary purpose of Chapter 14.18 is to ensure that those
developments are consistent with city standards and that there is agreement to
future annexation; and
O~inance 5306
October22,1999
Page 1
WHEREAS, changes providing guidance and clarification regarding
water and sanitary sewer availability certificates is needed;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
KING COUNTY, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section I. Purpose. The purpose of this ordinance is as follows: To
'amend Auburn City Code Chapter 14.18 entitled "Water Sewer Availability
Certificates" to be entitled "Water and Sanitary Sewer Availability Certificates";
by adding new sections ACC 14.18.002 entitled "Purposes", 14.18.004 entitled
"Property Adjacent to City Limits", 14.18.006 entitled "Definitions", 14.18.074
entitled "Conditions of Approval", and 14.18.094 entitled "Compliance with this
Chapter and the Terms of a Development Agreement", by amending section
ACC 14.18.020 entitled "Application, Submittal and Contents" to require
additional information for site plans and to establish provisions for requests for
modification, by amending ACC 14.18.080 entitled "Notice of Decision to
Applicant" to add a new subsection regarding approval of a development
agreement; and amending sections 14.18.010 entitled "Clarification", 14.18.030
entitled "Public Hearing", 14.18.040 entitled "Administrative Review", 14.18.060
entitled "City Council Review" and 14.18.090 entitled "Adjustments of an
Approved Development Agreement" for clarification as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference.
Ordinance 5306
October 22, 1999
Page 2
Section 2. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed
adopted and approved and ratified irrespective of the fact that nay one or more
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
Section 3. Implementation. The Mayor is hereby authorized to
. implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 4. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication, as
provided by law.
Ordinance 5306
October 22, 1999
Page 3
INTRODUCED: November 1, 1999
PASSED: November 1, 1999
APPROVED: November 1, 1999
CHARLES A. BOOTH
MAYOR
' ATTEST:
City Clerk
City Attorney
PUBLISHED: //~,'~"~/~
Ordinance 5306
October 22, 1999
Page 4
Chapter 14.18
WATER AND SANITARY SEWER AVAILABILITY CERTIFICATES
Sections:
14.18.002 Purpose
14.18.004 Property adjacent to c.ity limits
14.18.006 Definitions
14.18.010 Preapplication conference.
14.18.020 Application, submittal and contents.
14.18.030 Public hearing.
14.18.040 Administrative review.
14.18.050 Planning and community development committee.
14.18.060 City council review.
14.18.070 Findings of fact.
14.18.074 Conditions of approval
14.18.080 Notice of decision to applicant.
14.18.090 Adjustments of an approved development agreement.
14.18.094 Compliance with this chapter and the terms of a
development a.areement.
14.18.100 Time limitations.
14.18.002 Purpose
The purpose of this chapter is to ensure that all development that occurs
in unincorporated areas, that receives either water or sanitary sewer from
the city of Auburn, is consistent with the development standards of the
city of Auburn. In so doin.a the property at the time of annexation will be
consistent with city development standards makin.cl it is less likely that the
city will have to expend public funds to address a substandard
development after annexation. An additional purpose is to ensure the
property is obliqated to annex to the city at the appropriate time as
determined by the city.
14.18.004 Property adjacent to city limits
If the property that is requesting water and/or sanitary sewer service is
adiacent to the Auburn City limits the subject property shall be annexed
to the city prior to receiving water and/or sanitary sewer from the city. If it
is determined by the city of Auburn that it would not be practical to
immediately annex subiect property due to constraints in providinq
adequate city services or for other reasons that would make the
annexation impractical, at the present time, then a development
agreement is required pursuant to this chapter.
14.18.006 Definitions
A. Development, means any construction to include; excavation, fillin.a,
.clrading, Davin.a, new construction or expansion of a building, structure or
use or any chan.ae in the use of a buildin.q or structure, or any chan.ae in
the use of land.
B. Development a.clreement, means an a.areement between the city of
Auburn and the property owner(s)/developerls) of land located outside
the incorporated boundaries of the city of Auburn. The development
aareement shall be in a form as prepared by the city Attorney and shall
contain provisions requirin.cl the property owner(s)/developerls) to
conform to all applicable city development standards. The development
a.areement shall also provide to the city of Auburn a non-revocable
Dower of attorney that authorizes the city of Auburn to include the subject
property in an annexation at any time.
C. Development standards, mean standards or Comprehensive plan
policies adopted by the city of Auburn that re.qulate development of
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property and include but are not limited to those related to zonin.cl,
subdivision, shorelines, utilities, streets, parks, land use, or sensitive areas.
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 thc
contomplatod dovolopmont and subscquont proposed 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.
14~18.020 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;
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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. Site Plan
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.
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 and private streets with a typical cross-
section and the proposed .clrade of the street;
c. Location and size of all existing and proposed utilities;
d. Location and layout of off-street parking;
e. Any additional information reauired by the plannin.cl
director that may be needed to determine if the protect is
consistent with city development standards.
D. If, for some reason, the development cannot meet city codcs and
rogulationsdevelopment standards the property owner(s)/developer(s)
may reauest a modification to the development standard as it applies to
the particular development. The property ownerls)/developer(s) shall
submit as contained in thc land division ordinanco or the Developer
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Dcsign Manual, a letter to the city plannin.q director requestin.cl said
modification that describesip~ the particular circumstance and portion of
tho codcthe development standard that cannot be met together with an
explanation of why it cannot be met. The reauest for modification shall
be considered as Dart of the public hearin.a required by section 14.18.030
and cannot be aranted unless it is consistent with the findin.as of fact as
outlined in section 14.18.070(B);
E. Filing Fees.
1. Individual single-family home: none;
2. All others: $250.00.
14.18.030 Public hearing.
JA. Upon rocoipt determination 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 bo subdividod. 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 proposod to bo subdivided is
located;
2. Five public notices shall also be posted within 300 feet of the
proposal.
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 rogarding 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 Fe-
annoxationdeveloDment agreement shall be prepared and signed
by the city and the applicant(s). The pro anncxationdevelopment
agreement must be recorded by the ~'~"-' County assessor's office
and returned to the city prior to the issuance of the water and/or
sanitary 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. All Other Developments. If upon completion of review by city
departments and divisions it is found that the development meets o__r
is capable of meetina all relevant city development standards, a
development agreement will be drafted: which statcs that the
applicant agrocs to moct city dovelopmcnt standards on this
action and all subscqucnt dcvclopmcnt of thc propcrty. Thc
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development agreement will If there are modifications to
development standards those modifications shall be reflected in
the a.areement. The 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 thc
development cannot moot all dcvolopmont standards, for reasons
outlined in ACC 14.18.070(B), a dovclopmont agrcomont will bc drafted
detailing the city development standards that cannot be mct and an
agreed upon variation from the standard. Thc dovclopmcnt agreement
will statc that the applicant agrees to moot all city dovo-lopmont
standards, or the specified variations from city standards, on this action
and all subsequent dcvclopment of thc property. The dcvclopmcnt
agreement will then be forwarded to the planning and community
dcvclopmont committee for a public hearing as outlined in ACC
1 '1.18.030 and 1 '1.18.050. (Ord. '1872 § 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 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 ACC 14.18.070(A).
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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. The council can only
amend or reject the committee's recommendation if it holds its own
closed record hearin.a. Council may also affirm the Committee's
recommendation.
B. If the council holds its own closed record hearing In its doliborationson a
proposed development agreement, the council shall consider but shall
not bo 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 considoring thc
dovolopmont agroomont,conductin.a its own closed record hearing 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 modifications from some city
standards, the modifications variations shall be specified in the ordinance.
14.18.070 Findings of fact.
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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 development standards may be granted only if
findings of fact are drawn to support the following:
1. That -S_special circumstances related to the size, shape,
topography, location or surroundings of the subject propert~ 4e-do
not provide the owner with the development rights and privileges
permitted to other similar properties in the vicinity and in the zoning
district in which the subject property is located; or
2. That, because of the 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 K!ng County standards; or
4, When applying city standards puts the developer in a position
where King the County will not allow that development to take
place,
14, 18,074 Conditions of approval
In order to ensure compliance with the terms of this chapter conditions of
approval may be required as part of the development a.areement,
14,18,080 Notice of decision to applicant,
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A. 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
Imust 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.
B. The development a.areement must be approved by the city prior to any
application, plans or other submittals that are submitted to the County.
Any such submittal shall be consistent with the reauirements of the
development a.areement.
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 approvod throughis reauired and the process as if it was a
completely is the same as a new application.
14,18,094 Compliance with this chapter and the terms of a
development a.areement,
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The City of Auburn reserves the ri.aht to withhold or terminate water and/or
sanitary service to a development that does not comply with the terms of
its development agreement and/or the provisions of chapter 14.18.
14.18.100 Time limitations.
A. A development 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 ¢~11 of the terms of the original agreement can still be met.
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