HomeMy WebLinkAbout5318 ORDINANCE NO. 5 3 18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK OF THE
CITY OF AUBURN TO EXECUTE A DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND ELMER Y. HAUTALA AND CRAIG SHOCKMAN
AND JAMES TOLAS.
WHEREAS, ELMER Y. HAUTALA AND CRAIG SHOCKMAN AND
JAMES TOLAS are the owners of property within the City of Auburn',,; Lea Hill
Annexation Area; and
WHEREAS, ELMER Y. HAUTALA AND CRAIG SHOCKMAN AND
JAMES TOLAS are applying to King County for a Short Subdivision approval;
and
WHEREAS, Application No. WSC00010-99 was submitted to the City of
Auburn, Washington, on'September 21, 1999, requesting water an~d sewer
availability certificates; and
WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires,
as a condition of existing water and/or sewer service, a legally binding
agreement to support annexation to the City at such time as the Cit'y deems
appropriate, and requires agreement to comply with appropriate City
development standards and public facility specifications; and
Ordinance No. 5318
November 9, 1999
Page 1
WHEREAS, RCW 36.70B.170 defines such an agreement as a
development agreement; and
WHEREAS, RCW 36.70B.200 requires approval of dew.=lopment
agreements only after a City has held a public hearing; and
WHEREAS, THE City of Auburn City Council has designated the
Planning and Community Development Committee as the appropriate, body to
hold these public hearings; and
WHEREAS, after proper notice published in the City's official newspaper
at least ten (10) days prior to the date of the public hearing, the Planning and
Community Development Committee at a public meeting held on November
8,1999, conducted a public hearing on the application; and
WHEREAS, at the hearing the Planning and Community Development
Committee heard public testimony and took evidence and exhibits into
consideration of the application; and
WHEREAS, ELMER Y. HAUTALA AND CRAIG SHOCKMAN AND
JAMES TOLAS, are the owners of property within the City of Auburn's Lea Hill
Annexation Area understands and agrees water and sewer services to the
property may be limited by issues including the Endangered Species Act (ESA)
and other governmental agencies; and
Ordinance No. 5318
November 9, 1999
Page 2
WHEREAS, King County has indicated it will not be able to accept a
certificate of sewer availability from the City that was not in the Kin!] County
system prior to October 26, 1999 until such time as the City has an approved
sewer comprehensive plan; and
WHEREAS, at this time the City does not have an approw~d sewer
comprehensive plan, and
WHEREAS, thereafter, the Planning and Community Dew;Iopment
Committee, based upon the Findings of Fact contained herein, voted to
recommend to the City Council that it approve the Agreement which provides
for the issuance of water and/or sewer availability certificates.
FINDINGS OF FACT
1. Elmer Hautala and Craig Shockman and James Tolas, have applied for
Water and Sewer Certificates of Availability for a property in the Lea Hill
annexation area. The applicant anticipates short platting and
construction of four single-family homes.
2. Water service and a fire hydrant are available approximately 100 feet
from the entrance to the property. To provide service to all four
proposed houses will require construction of approximately 350 feet of
minimum 8" waterline. Easements will be required between lots 2 and 3
and through lot 1 for future Iooping of the system. A fire hydrant will be
required within 300 feet of all structures.
Ordinance No. 5318
November 9, 1999
Page 3
3. Sewer service will require construction of a collection system on the site,
and/or construction of approximately 300 to 350 linear feet of minimum
8" sanitary sewer main to serve all four lots. Elevation may be a problem
to lot 4, which may not allow gravity sewer to the main line.
Service is subject to a connection charge, including payback charges
4. The entrance to the property is from 124th Ave. SE, a minor arterial. The
lots are set back more than 300 feet from the street, and will be reached
via a private street. A maintenance agreement, which obligates the
future owners to maintain the infrastructure, will be required when the
short plat is executed and recorded.
5. The site plan submitted with the application is generally consistent with
the requirements of the City with four exceptions.
Revision needed to meet City standards
a. The 50-foot wide cul-de-sac is not large enough to meet the
needs of the Fire Department. A minimum diameter of 6;5 feet is
required (UFC 902.2.2.4).
b. The existing fire hydrant, approximately 100 feet fi'om the
entrance to the development, is not close enough to serve,, all four
lots. A hydrant is required within 300 feet of homes (ACC
13.16.060M).
c. Topography should be shown on the drawings using City datum,
not assumed elevations. A map and list of City Benchmarks will
be provided to the applicant.
Revision needed; site restrictions may necessitate exception to City
standard
a. The 20-foot wide private road as drawn does not meet Auburn's
Design and Construction Standards, which calls for 28 feet.
Because the parcel is only 30 feet + wide from 124th Averhue SE,
for almost 300 feet, a 28-foot wide road would create an
Ordinance No. 5318
November 9, 1999
Page 4
impervious surface over almost the entire width. For this reason,
a narrower roadway width of 24 feet may be provided, following
application for an exception from the City Engineer.
6. The contents of the case file, WSC0010-99, are hereby incorporated by
reference and made part of the record of this hearing.
CONCLUSIONS
A. Staff has concluded that the Water and Sewer Certificates of Aweliability
may be approved in that the application is consistent with the following
criteria necessary to grant the permit as outlined in Section 14.1 ~3.070 of
the Auburn City Code.
1. The development is consistent with City development standards.
The proposed development is consistent with City dew;Iopment
standards, with the exceptions listed in Number 5 above
2. The development is consistent with the City Comprehensive I:~lan.
The Comprehensive Plan designates this area as Single Family
Residential; the proposed project is consistent with this designation
3. The property cannot be annexed immediately.
The property is more than ¼ mile from the existing City limits, and is
surrounded by properties within King County.
CONDITIONS
1. The access read to the project shall be constructed within the property
boundaries in its entirety, or an easement on the adjacent property
should be acquired.
2. Half-street improvements shall be provided for the developrnent, as
outlined in Section 2.06 of the Auburn Design and Construction
Standards.
Ordinance No. 5318
November 9, 1999
Page 5
3. A modification to the city standards is needed to accept the horizontal
road curves as designed. The City Engineer shall have the authority to
approve the deviation pursuant to the Auburn Design and Construction
Standards, and to determine and approve the amount of modification to
be allowed.
4. The application shall sign an Annexation Agreement with the City.
For each of the above reasons, it is the recommendation of the Planning
and Community Development Committee to the Auburn City Council that
authorization for the execution of the Development Agreement and the
issuance of water and sewer certificates be approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The above cited Findings of Fact, Cor~clusions
and Conditions are herewith approved and incorporated in this Ordinance.
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 walidity 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
Ordinance No. 5318
November 9, 1999
Page 6
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
Section 3. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute the Development Agreement
between the City and ELMER Y. HAUTALA AND CRAIG SHOCKMAN AND
JAMES TOLAS, Owners. A copy of said Agreement is attached hereto as
Exhibit "A" and incorporated herein by reference.
Section 4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directives of this legislation.
Section 5. 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.
INTRODUCED: November 15, 1999
PASSED: November 15, 19!)9
APPROVED: November 15, 1999
CHARLES A. BOOTH
MAYOR
Ordinance No. 5318
November 9, 1999
Page 7
ATTEST:
~D~skam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:/'//~/,,~- ~ ,~
Ordinance No. 5318
November 9, 1999
Page 8
TOLlIS JIll'iS IlG 18.88
PIlGE let OF
eT/eo/2eee 12:51
KZNG COUNTY,
PETITION FOR ANNEXATION,
ANNEXATION AGREEMENT
AND
DECLARATION OF COVENANT
Return Address Planning Dept
.- City of Auburn, 25 West Main St
Auburn, WA 98001
WSC0010-99
Parcel Number(s) 092105-9090-03
c=> Section 9, Twnship 21N, Range 5E
Additional Legal on Page 11
c:> The Agreement executed herein between the City of Auburn, Washington, a municipal
corporation, hereinafter referred to as "CI'FY" and Elmer Y. Hautala and Craig Shockman and 3ames
r._-_~
Tolas and the heirs, assigns, and/or successors in interest of certain property, hereina~cer referred to as
"OWNERS", is for and in consideration of the furnishing of utility service by the CI'I'Y to cerl~in property of
the OWNERS heroinafter referred to as "PROPERTY". The OWNERS do hereby petition for annexation of
the PROPERTY to the CITY, do hereby agree to the conditions of annexation heroin, .and do hereby
declare this covenant.
1. ACKNOWLEDGEMENTS AND REPRESENTATIONS
The OWNERS do hereby acknowledge and agree as follows:
1.1. The OWNERS are the owners of certain PROPERTY, which is Iocatc~ outside the
corporate limits of the CITY.
Wsc/annex other/annex-3
WSC0010-99
November 16, 1999
Page 1
1.2. The OWNERS are seeking Short Subdivision approval from King County for the
PROPERTY.
1.3. The OWNERS have requested the CITY to furnish water and sewer services to the
PROPERTY which the owner understands and agrees may be limited by issues including the Endangered
Species Act (ESA) and other governmental agencies.
1.3.1 The OWNERS understand that King County has indicated it will not be able to accept a
certificate of sewer availability at this time.
1.4; This Agreement to extend water and sewer services outside the corporate limits of
the CITY is authorized by RCW 35.67.310 and RCW 35.92.170 and shall not be construed as a voluntary
agreement pursuant to RCW 82.02.020 and therefore the provisions of RCVV 82.02.020 shall not be
applied hereto.
1.5. This Agreement does not preclude any evaluation and determination by the CITY that
later development actions or proposals undertaken by the OWNERS may require a determination of
significance and environmental review under SEPA.
1.6. The CITY'S Comprehensive Ran requires annexation or a commitment to future
annexation and compliance with certain other conditions as a prerequisite for the extension of utility
-- service outside the corporate limits of the CITY.
c~ 1.7. Washington law recognizes a City's requirement of an annexation acjreement or a
c:~ commitment to future annexation as a condition of extending utility service outside the corporate limits of
the C1TY.
~-- 1.8. Extension of utility services beyond CITY limits is subject to the authority of the King
County Boundary Review Board, and said Board requ. ires that such extensions be c:onditioned on
c:~ annexation or efforts toward annexation.
1.9. The PROPERTY is located within the C1TY'S POTENTIAL ANNEXATION AREA or URBAN
SERVZCE AREA for annexation purposes as adopted by the CITY in its Comprehensive Plan pursuant to
the King County and Pierce County countywide Planning Policies.
1.10. It is in the interest of the citizens of the CITY to insu.re that all public improvemenlO, 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 CZTY construction standards.
Wsc/annex other/annex-3
W8C0010-99
November 16, 1999
Page 2
1.11. The OWNERS' request for the extension of utility services was duly considered by the CITY,
and it was determined that the furnishing of water and sewer services to the PROPERTY would be
proper upon the fulfilling of all conditions herein.
1.12. The OWNERS do hereby acknowledge that in the event of violation or breach of the terms.
of this PE'ITI'ION, AGREEMENT AND COVENANT, or upon the invalidation of this PETITION, AGREEMENT
AND COVENANT by judicial action, operation of law or otherwise, the C1TY reserves the fight at its sole
discretion to immediately terminate the provision of utility service to the PROPERTY and in such case the
Owner agrees to indemnify and hold the CITY harmless from any and all claims of any party.
2. PROPERTY DESCRZP'I'ION
The PROPERTY is legally described in Attachment A, attached hereto and represented by
reference as if set forth in full. The OWNERS warrant that Attachment A is correct as Mly describing
subject PROPERTY.
3. PETI'I'ZON AND COVENANT FOR ANNEXAT[ON
The OWNERS, in consideration of the C1TY'S agreement to provide utility service to the
PROPERTY, do hereby petition, agree and covenant as follows:
3.1. The OWNERS do hereby petition for annexation of the PROPERTY to the CITY and
thereby agree, promise and covenant that if at any time the PROPERTY is included within any area which
is being considered for annexation to the CZTY, said OWNERS do join in said annexation and by this
PETITZON do provide this NOTICE OF INTENT TO ANNEX and that the petition referred to herein is
irrevocable.
3.2. .The OWNERS agree to execute all necessary documents such as letters, notices, petitions
or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY' to the CITY,
whether or not the annexation involves the assumption by the area to be annexed of existing CZTY
indebtedness, the application to the area to be annexed of the C1TY Comprehensive Plan and land use
C'_.~
controls, and such other conditions as the CITY may lawfully impose. The OWNERS, for
him/her/themselves and for his/her/their heirs, successors and assigns, agree(s) and covenants with the
CI'TY, and to the present and future owners of the PROPERTY to which this covenant relates~ that such
agreement is to constitute a covenant running with the land, that he/she/they shall, whenever so
requested, execute such letters, notices, petitions or other instruments. Owner agrees to record this
document and specifically advise future interests in the property.
Wsc/annex other/annex-3
WSCO010-99
November 16, 1999
Page 3
3.3. The OWNERS recognize that the laws of the State of Washington .relating to the
annexation of property by a city provides that property may be annexed to a city if property owners,
equal to sixty percent of the assessed value of property within the area proposed to be annexed, s. ign a
petition for such an annexation. The OWNERS recognize and agree that by signing this Agreement, the
PROPERTY of the OWNERS will automatically be included as a property to be annexed in the event the
PROPERTY is within a proposed annexation area.
3.3.1 The OWNERS further recognize that other methods of annexation are allowed under the
laws of the State of Washington, including the election method.
3.4. The OWNERS understand that the OWNERS' signatures on this Agreement is an
admission that the OWNERS understand the certain rights which the OWNERS have regarding the
PROPERTY and that the OWNERS are willingly waiving such rights in consideration o1: receiving the
described utility services.
3.5. The OWNERS understand and agree that upon annexation by the CITY, the PROPERTY
annexed shall be assessed and taxed at the same rate and on the same basis as property within the CITY
is assessed and taxed to pay for any then outstanding indebtedness of the CITY which was contracted
prior to, or existing at, the date of annexation,
-- 3.6 The undersigned OWNERS of the PROPERTY, on behalf of himself/herself/themselves,'
cc~ his/her/their heirs, successors and assigns, hereby designate(s) the CZTY as OWNERS' true and .lawful
c-~ attorney-in-fact for the purpose of signing any petition leading to the annexation of said PROPERTY to the
,.9 CRY, with full power to do and perform any proper act which the OWNERS may do with respect to the
c--- annexation of said real property. The CITY may exercise this power through its City Clerk or otherwise as
the CRY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of
~ the furnishing of water and/or sewer service by the CRY, and this Special Power of Attorney is further
c-q given as security for performance of the annexation covenant obligation set forth herein. This Special
Power of Attorney is not revocable and shall not be affected by the disability of the principal.
3.7 The OWNERS agree on his/her/their behalf and on behalf of his/her/their heirs,
successors and assigns that the OWNERS will not protest the future formation of any local i~pro. vement
district for any or all of the following: domestic water, sewer service, streets, street lighting and storm
water facilities, including regional detention and water quality facilities, for any district whiclh includes the
PROPERTY affected by this agreement.
4. AGREEMENT AND COVENANT OF COND~q'~ONS AND MITIGATION r4EASURES
Wsc/annex other/annex-3
WSCO010-99
November 16, 1999
Page 4
The OWNERS, in consideration of the CZTY'S agreement to provide water and sewer
utility services to the PROPERTY, and in recognition of the CZ'~'s conditions for annexation of the
PROPERTY, do hereby agree and covenant as follows:
4.1. See Below.
5. GENERAL PROVTSIONS
The OWNERS and the Ci'TY do hereby acknowledge and agree to the following
provisions, which apply to the entire Agreement herein.
5.1. The OWNERS agree that all future land use and development on the PROPERTY will meet
all land use and development standards of the Ci'FY. In the event of a conflict between CITY standards
and any applicable County standards, the more restrictive standards as determined by the cl-rY shall
apply. The OWNERS agree to the following conditions:
5.1.1 Due to space restrictions, the width of the private road may be reduced from the City
standard of 28 feet to a minimum of 24 feet. The City Engineer shall have the authority to approve the
deviation from the Auburn Design and Construction Standards. The road shall be paved, and no parking
will be allowed
5.1.2. A maintenance agreement obligating future property owners to maintain the
-.~ infrastructure shall be provided.
c:~ 5.1.3.The diameter of the Cul-de-sac shall be a minimum of 65 feet. ·
c_~ 5.1.4.A fire hydrant shall be provided within 300 feet of all homes.
5.1.5. The applicant shall sign an annexation agreement with the City with the conditions
~ listed above
~ 5.2. .Nothing in this agreement shall be construed to create any financial obligation on the
C:::)
part of the CiTY with regard to annexation, construction of utility facilities and appurtenances, or any
other matter. The OWNERS and the CI'FY hereby acknowledge that it is the OWNERS' responsibility to
finance the design and construction of utility facilities needed to serve OWNERS' property consistent with
CZTY plans and specifications, unless otherwise agreed by the CITY.
5.3. The OWNERS agree to allow CI'TY, at C1TY'S option, plan review and approval prior to
construction, and C1TY inspection during construction of all public improvements as they are built,
regardless of the ownership of such improvements, and shall reimburse the C.TTY for any reasonable costs
incurred in such plan review and inspection.
Wsc/annex other/annex-3
WSCO010-99
November 16, 1999
Page 5
5.4. No modifications of this Agreement shall be made unless mutually agreed upon by the
parties in writing.
5.5.. If for any reason of any default or breach on the part of either the OWNERS or the CZTY
in the performance of any of the provisions of this Agreement a legal action is .instituted, the party riot
prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is
hereby agreed that the venue of any legal action brought under the terms of this Agreement shall be
King Countyt Washington. The applicable laws, rules, and regulations of the State of Washington and
the CZ'I'Y shall govern this Agreement.
5.6. The terms and provisions of this PET/DON, AGREEMENT AND COVENANT shall inure to
the benefit and become binding upon the heirs, assigns and/or successors in interest of the parties
hereto. The OWNERS agree to indemnify and hold the CZ'I'Y harmless from any claims any subsequent
purchaser may have as a result of this Agreement, including C]TY's attorney fees and costs.
5.7. Any notice or demand required or permitted to be given under this Agreement shall be
sufficient if given in writing and sent by registered or certified mail, return receipt requested, to the
address of the parties set forth below. Any notice shall be deemed to have been given on the date it is
deposited in the U.S. Postal Service mail with postage prepaid.
5.7.1 The OWNERS warrant that the OWNERS will undertake, and be reslx~nsible for, all
notifications, including recording, to all parties of interest and future parties of interest.
5.8. In the event that any term, provision, condition, clause or other portion of this
Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition,
clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if
such term, provision, condition or other portion had not been contained herein, and to this end, the terms
of this Agreement are declared by the parties to be severable.
5.9. Upon execution, this Agreement shall be recorded with the King County Auditor's office.
The OWNERS shall be responsible for recording and shall provide evidence of such recordincj to the CD'Y.
IN WITNESS WHEREOF, the OWNERS and the cTFY hereto have executed this Agreement as of
this day of ,19
Wsc/annex other/annex-3
WSC0010-99
November 16, 1999
Page 6
CZTY OF AUBURN
CHARLEE A. BOOTH
MAYOR
,_. City Clerk
C~
C:~
Michael .]. Reynolds~
City Attorney
Wsc/annex other/annex-3
WSC0010-99
November 16, 1999'
Page 7
~ ~,/,~/~,/~
~r~gShockman
Wsc/annex other/annexo3
WSC0010-99
November 16, 1999
Page 8
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
· On this ,~)t~~1 day of '~c~) , :196/~, before me, the undersigned, a
Nota~ Public in and for the State of Washington, duly commissioned and sworn, ~rsonally appeared
CHARLES A. BOOTH and DAN~ELLE DAS~N, to me known as the Nayor and Ci~ Clerk, for the Ci~
of Auburn, the corporation who executed the within and foregoing instrumenb and acknowledged the
said instrument to be the free and volunta~ a~ and deed of said Ci~ of Auburn, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on
behalf of said corporation.
~N W~NESS WHEREOF, Z have hereunto set my hand and affixed my official seal on the date
hereinabove set fo~h.
~ ~ o ~ : ~ Name as Ty~d
~ ~' z o~ -/ ~ NOTARY PUBIC in and for the S~te
lt~t ".'. . - ...' ~ of Washington, residing at ~ounW
~,,,,,,-- MY COMMISSION EXPIRES:/~" ~-~ ~
Wsc/annex other/annex-3
WSC0010-99
November 16, 1999
Page 9
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this '~O"T~day of ~"cul.L_
,49 , before me, the undersigned. a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Elmer Y. Hautala and Craig Shockman and James Tolas. the OWNERS that executed tile Within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary ac:t and deed of
said OWNERS, for the uses and purposes therein mentioned, and on oath stated that they are authorized
to execute said instrument on behalf of said OWNERS.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the date
hereinabove set forth.
Printed Name
NOTARY PUBLIC in and for the State
c:> of Washington, residing at
c:~ MY COrvlrv11SSION EXP]'RES: I -2J 0
Wsc/annex other/annex-3
WSCO010-99
November 16, 1999
Page 10
ATrACHMENT A
LEGAL DESCI~P~ON:
THE NORTH 1/2 OF SOUTH 1/2 OF THE SOUTHEAST 1/,~ OF NORTHEAST 1/,~ OF THE NORTHWEST 1/,~ OF
SECTION 9, TOWNSHIP 21 NORTH, RANGE 5 EAST W.M.;
EXCEPT THE NORTH 135 FEET OF THE SOUTH 300 FEET OF THE EAST 330 FEET OF SAID NORTHEAST
1/,~ OF THE NORTHWEST 1/,~ OF SAID SECTION;
AND EXCEPT THE EAST 30 FEET OF COUNTY ROAD;
SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON
Wsc/annex other/annex-3
WSC0010-99
November 16, 1999
Page 11