HomeMy WebLinkAbout5424ORDINANCE NO. 5 4 2 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, REPEALING ORDINANCE NUMBER 5403 WHICH
IDENTIFIED THE INCORRECT OWNER OF PROPERTY OWNERS AND
ENACTING THIS ORDINANCE AUTHORIZING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF AUBURN AND JAMES L. DUMA AND
LAVON F. DUMA.
WHEREAS, the Auburn City Council passed Ordinance 5403 a
development agreement between the City of Auburn and Kurt Wilson, of
Harbour Homes at the July 17, 2000 Auburn City council meeting; and
WHEREAS, the property owner identified was incorrect; and
WHEREAS, it is necessary to repeal Ordinance 5403 and enact a new
ordinance which identifies the correct property owners; and
WHEREAS, JAMES L. DUMA AND LAVON F. DUMA are the owners of
property to be developed between Northwest corner of South 320th Street
(proposed) and 56th Avenue, within the City of Auburn's Potential Annexation
Area; and
WHEREAS, JAMES L. DUMA AND LAVON F. DUMA are applying to
King County for a development agreement; and
WHEREAS, Application No. WSC00-0004 was submitted to the City of
Auburn, Washington, on March 14, 2000 requesting sewer certificates; and
Ordinance 5424
07/25/00
Page 1
WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires,
as a condition of obtaining water and/or sewer service, a legally binding
agreement to support annexation to the City at such time as City deems
annexation appropriate, and requires agreement to comply with appropriate
City development standards and public facility specifications; and
WHEREAS, RCW 36.70B.170 defines such an agreement as a
development agreement; and
WHEREAS, RCW 36.70B.200 requires approval of development
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
required 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 May 22, 2000,
conducted a public hearing on the application; and
WHEREAS, at the hearing the Planning and Community Development
Committee in considering the application heard public testimony and accepted
evidence and exhibits regarding the development; and
Ordinance 5424
07/25/00
Page 2
WHEREAS, KURT JAMES L. DUMA and LAVON F. DUMA who are the
owners of property within the City of Auburn's Potential Annexation Area
understands and agrees water and sewer services to the property may be
limited by issues including the Endangered Species Act (ESA) and actions of
other governmental agencies; and
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 King 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 approved sewer
comprehensive plan, and
WHEREAS, thereafter, the Planning and Community Development
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; and
WHEREAS, the City Council, based upon the Findings of Fact contained
herein, voted to approve the Development Agreement, and to allow a
modification to City standards for lot layout, as requested. The Council
confirmed that the plat should meet all City street standards.
Ordinance 5424
07/25/00
Page 3
FINDINGS OF FACT
1. JAMES L. DUMA and LAVON F. DUMA have applied for a Sewer
Certificate of Availability for a property in the West Hill annexation area. The
applicants anticipate construction of 18 single family homes. A wetland and
buffer area are also found on the property.
2. Water service will be provided by Lakehaven. A fire hydrant will be
required within 300 feet of all structures.
3. Sewer service will require construction of gravity sewer to serve 18
lots, as well as a force main and pump station.
Service is subject to a connection charge.
4. Eleven lots proposed on S. 319th Street can be accessed from both
53rd and 56th Avenues South. The remaining 7 lots, on S. 320th Court, are
accessible from 56th Avenue South only.
5. The site plan submitted with the application is generally consistent
with the requirements of the City.
6. The contents of the case file, WSC00-0004, are hereby incorporated
by reference and made part of the record of this hearing.
CONCLUSIONS
Staff has concluded that the Sewer Certificate of Availability may be approved
in that the application is consistent with the following criteria necessary to grant
the permit as outlined in Section 14.18.070 of the Auburn City Code.
1. The development is consistent with City development
standards.
The proposed development is consistent with City development
standards.
Ordinance 5424
07/25/00
Page 4
2. The development is consistent with the City Comprehensive
Plan.
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'/4 mile from the existing City limits, and
is surrounded by properties within King County.
CONDITIONS
1. Sewer availability is conditioned upon the installation of a City approved
force main and pump station, together with the on and off-site gravity sewer
mains to serve this development.
Planninq and Community Development Committee Action: The Committee
conducted a public hearing on May 22" , and recommended approval.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The above-cited Findings of Fact are herewith approved
and incorporated in this Ordinance.
Section 2. The Mayor and City Clerk of the City of Auburn,
Washington, are hereby authorized to execute the Development Agreement
between the City and JAMES L. DUMA and LAVON F. DUMA. A copy of said
Agreement is attached hereto as Exhibit "A" and incorporated herein by
reference.
Ordinance 5424
07/25/00
Page 5
Section 3. CONSTITUTIONALITY OR INVALIDITY: If any section,
subsection, clause, phrase, or sentence, of this Ordinance, is for any reason
held to be invalid or unconstitutional, such invalidity or unconstitutionality of the
remaining portions of this ordinance, as it is being hereby expressly declared
that this ordinance and each section, subsection, clause, phrase, or sentence,
hereof would have been prepared, proposed, adopted, and approved and
ratified irrespective of the fact that any one or more section, subsection, clause,
phrase, or sentence, be declared invalid or unconstitutional.
Section 4. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 5. 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 5424
07/25/00
Page 6
INTRODUCED: August 7, 2000
PASSED: August 7, 2000
APPROVED: August 7, 2000
CHARLES A. BOOTH
MAYOR
ATTEST:
Dani Ile E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance 5424
07/25/00
Page 7
• ; ~ol;o S 33
~d«,,,( w.r v~r 9a~r3
.
1.1 :Thie OWNER is Ttie dwner of certain PROPERTY, which is located
outside the corporqte Irmtfis'of th2 CITY,...
1.,2 The QiNNER is see:kingPreliln+n..ary Plat approvql from King County
for the PROP.ERTY
1 3. TFre.:CJWNER has requestedthe CITY to furnish sewer services to the
PROPERTY, which the owner undirstanCts and agrees may be bmited by issues
includmg the Endangered Spec4es Act fF$A~ and>other governmentai agencies
1.3 1 The OWNER uriderstarids. ihat KFng County° fias mdicated rf wdl not
be able to accept a Certificofe Af Sower Avadability at this time.
1 4. .::..This Agreement to eziend sOlrver serVices ;outsiae., the Cocgorate
hmrts of the CI'i'Y,,is authonzed by RCW 35.67 310' and RCW`35.92 170 and stiall not
be construed ds, a voluntary agreemerit pursu.iint to "12CW '82 02,020 and
o therefore the provisions of RCW 82 02.020 shall not:be:;ap.plietl heteto
1 5;: TMis :;Agreement does not preclude. any .-'evaludtion and
det.ermi.nation by :.the.., CITY that later development ~ciions or proposals
0
o underiakerl by`#he OWNER may require o determination ofi<;significance and
~ envixonmenteil r.eview ~nder SEPA.
~ 1:6The .CITY~S Gompre+~ensive Plan requires annexation or a
aiD
o commitment tti fufure anriexation and,.compbance wiih certam other conditions
~ as a prerequisite-fqr the extension pfi ufidify service outside the corporate hmrfs of
O
0 the CITY. ,
~ 1.7. Washington taw recoghizes a; by's,requirement of an annexation
agreement or a commitmenfi`to fiuture qnnexafion'as a:.condition of extending
utdity servrce outside the corporate hmits of #he CIT'Y";
1 8 Extension of utdiiy servic.es beyond C1TY; Irmits ;is subject to ihe
authonty of the King County Boundary Review Board; a6d sax! Bodrd requires
Ord No 5424
WSC00-0004
0714/00
Page 2
` 3;' . PETITION AND C=QVEN,~NT FOR ANNEXATION
The;:,OVr1NER,;in` consider~tion of the GTY'S agreement to provide
utdity seryice to the P,RC}PERTY, ~J4es h.ereby petrfion, agree and covenant as
folfows `
31 The:,,QWNER doeseret~;y;ap~sly for and petifion for annexation of
the PROPERTY to the CITY: and the~e6y a~rees, promises and covenants that if at
any fime the PROPERTY:)s iRCluded withiri prtiy area whicfi is being considered for
annexation to the CITY, sard OWNER;'does,jotn iri, sa:t.d';dnnexation and by this
PETITION does prowde this NOTICE OFINTENT"Tfl;'ANNEX and that the petrtion
referred ta::;herein is irrevocable. `Tfie :OW.NFR recngnizes antl::agrees=<thai by
t~ sigrnng this Ayreement, the PROPERTY. of the :OW.NER"wrlP: aufnmaficeilly be
~ included as a pi~qperfy to be annexed iri'°ttie;:event::fhe "PROPERTI~` is;within a
~ propo5ed ahrrexafion area.
C ;'3 2..:` 7h;e 0WNER agrees to execute all necessdry docurilents such as
p appticatrons,;'letters,,,no.tices, petitions or other instrumenfs.:i.rnt,ratrng,:'furthermg or
c~ ; .
p aecomplishing,tha- annezation of ihe PROPERTY to fihe CITY; wfiiether or not the
°C annexation in.vofves~the' assumption by the area to be annexed`of existmg CITY
o indebfedness, ;:tho' appitcatton `to the area to be annexed of the CITY
o Comprehensrve Plan"arid.;land-use`.:controls, and such other conditions as the
O > .
N CITY may lawfully irxa'po se..;'Tiie,QWNER, for him/her/themselves and for
his/her/their heirs, successorS. 4nd assign5, a:grees and covenants wrth the CITY,
and to the present and future qvvners:,`of the PROPERTY to which this covenant
relotes, that this agreement'°TS"'~o .cortstitute a coveriant, runnmg with the land,
and shall burden such land thaf he/she/tfiey shall, wFertever so requested,
execute such letters, nottces, petrfibns ocother:instruments. ;Owner agrees to
immediateiy record this document and`spe..cifieally'ad~/ise futuce`int'erests m the
properfy. -
.
Ord No 5424
WSC00-0004 '
0714/00
Page 4
d-W
that the laws of the State of Washington
y.by a city provides that properfy may be
~rs,;ibqual to sixty percent of the assessed
b~osed to be annexed, sign a petrtion for
such an annexaiiqri '
3 3.1 The OWNER furthef reCog:n¢e's that other methods of pnnexation are
allowed under the Itiw S of: the ~Stateof 'VJashington,'. iiicluding the election
method
3.4. The OWNER unders#ands:,:` thdt tfie,:;;'Q:~IVNER'S signatures on this
Agreement:::is an admission that the`OWNERVnders#ands tfie-c6ctain ngh#s which
the OWNER tii5s..regarding the PROPERTY.and tlia$'the:OWNPR;is wdlingiy, waivmg
t- such nghits in con'sideration of receiving th6"descnbed ulility"services.
o • ,
0 3`5 :4ke QINNER understands and agrees:4hpt up"6`6 aRneXatitin by the
CITY,;fhe ARORERT'Y annexed shall be assessed and taxed at the.5ame rate and
~ on t#ie same:''basis qs.p. roperfy wrthm the CITY is assesse&and xQd to pay for
o ; ,
~ any the~.,outstqnding indebtedness of the Ci7Y which was conttac.?ed pnor to, or
o existmg at, th~:date.•Of qnnexation `
(c 1,6-•' 7he Un0ersi0ned-`OWNER of the PROPERTY, on behalf of
0
o himself/herself/#,hernselvps/ his/her/f'heir, heirs, successors and assigns, hereby
~ designate(s) th6:::,CITY- as 01NNER',S frue and Iawful attomey-m-fact for #he
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Ct purpose of signmg any pefi4ion. leadrng 'fio 1164 annexation of said PROPERTY to
the CITY, wth full power't.o do and'perforrii any,:praper act which the OWNER
may do ~nnth respect to the~°annexation;;'of :sarde51 pToperfy The CITY may
exercise this power through rts Crf~ Clerk"or;ottterwise; as the *CITY COUNCIL may
direct This Special Power of Attorney,fs giVen foT the: vcsluable consideration of
the fumishing of water and/or sewer servrce`by. the,:CITY, 6nd,Sthrs"S'p~cial Power
of Attomey is furfher given as secunty for'>performance; vf the., annexation
Ord No 5424
WSC00-0004 0714/00
Page 5
This Special Power of Attorney is not
the disabihty of the principal
er/their behalf and on behalf of
fiat the OWNER will not protest the
distnct for any or all of the following
domestic water, sewer se'rvice, str eets, ttreet lighiing and storm water focdities,
mcluding regional detentioff and wator qvolify°.faciliti~s, :for any district which
includes the PROPERTY affeCted by this-ogresrraent. -
4. AGREEMENT OF CO.NDITIONS ''AND/0R ~1vtITfiGATION MEASURES OF
APPROVAL:::.,
TFie.,OWNER, in consideraflAn of the'CITY'S ~bgreem6nt to Orovide
~ sewer utility services to the PROPERTY, and"in''reGognition~~of'the G~TY,'s cond~tions
0
o for anhexaiion af the PROPERTY, does hereby~-'abree` to crampiy;?'with the
following.,;`
4.1: Sew.er axqilability is conditioned upon ttie instcllatioah of a City
~ approved;ttirce intiin and:pump staflon, together with the on` and ¢ff-site graviiy
~ sevirer mains to,serve ifiis development.
ao : ,
0 4:2~ All:dppltca6le dev~lopmeni standards will be complied with.
O
O ` -
p 5 GENERALPROVISIONS
~ The OWNER::ant,he CITY do hereby acknowledge and agree to
the foNowng provisions, which aoply to.;fhe,:eMue:Agreement herein
5 1 The OWNER agrees''that afi future lan d u566nd development on the
PROPERTY wiil meet all land use aFld develo6ment-s#ondards.of the CITY. In the
event of a conflict between CITY-68ards:'and any apphcable County
standords, the more restnctive standards`ds determined by the CITY"shnll apply
Ord No 5424 ~ : .
WSC00-0004 `
0714/00
Page 6 _ _ .
5 2. :'NOthmg in::this agreei~nent shall be construed to create any fmancial
ob09atjon: o:n th~ ~Sart::` af`the,C~TY wrfh regard to annexation, construction of
utility ~facilities eind, app~rtenaric.es, or any other matter The OWNEf2 and the
CITY hereby., actCnow(ec#je .:thb# it is:;411@' O+NNER'S responsibdrty to fmance the
design and Construction p`f ufility faCiUt+~sneeded to serve OWNER'S property
consistent with CITY,:plar:rts anrJ specrfications, unless otherwise agreed by the
CITY.
53 The OWNER agfees to`allo~Y CITY;;at GITY..'S"aption, plan review and
approval pnor to construction, anct' CITY; inspe-jion dunng construction of all
public improvements as they are°" built, regardless oi tMe ovrnership;~ of such
~ improvertienf's;•:pnd shall reimburse the"CITY fot qriy reaso7~Qt~e costs incurred in
o such plan reyiew and inspection.
~ 5 4. No mpdifications of this Agreemenfi shap be`mpde`urrlessmutually
p agreed upon.by the parfies in wnting
5~ lf for'any.r,eason of any default or breach on.ihe part;:bf either #he
~ OWNER:QGthe PITY in the'performance of any of the provisions:t~f this Agreement
o `
a a leg:al actionir`ins#afufed„ythe party not prevadmg agrees to pay all reasonable
~ costs aneF•ottorney, fe6s dnd'cos}s..in connection therewith It is hereby agreed
° that the venus. of`etriy I09al 4ction':br9ught under the terms of this Agreement
0
Cl shall be King County,,V+lcrshington:<Jhe'apphcable laws, rules, and regulations of
~ the State of Washington;and.:th.e CiTY shCill govErn this Agreement
56 The terms and provisions:-of this.:DEVEI.OPMENT AGREEMENT shall
inure to the benefit and''become :;binding uporr'`fhe heirs, assigns and/or
successors in mterest of the parties hereto;and iva•;;cov~6nant running with the
land The OWNER agrees to indemn~#y and hqld ~.fie,.GlTY taarmless from any
clqims that any subsequent purchaser m'ay`hqve as a`reSult, of.tF~iis"~tgreement,
includmg CITY's attorney fess and costs -
- ; .
Ord No 5424 , " ~ .
WSC00-0004
0714/00
Page 7
' 5.7 Ariy notice. or demdnd required or permitted to be given under this
Agr.eemenf shali;,k7e suffic~nt if;c,~'ven m wnting and sent by registered or certified
mad, reVn receiptr requested,`io;t}1e ac~~l~ess of the parties set forth below Any
notice sfiall'pe'deerr~ed'to,have`beeri grven on the date rf is deposited m the
U.S. Postal Ser'v,ice.,rnad.with~postr~ge pre.par'd
5 7.1 The OW~JER;`warrants'~Yrat;,`the OWNER wdl underfake, and be
responsibie for, all notificatio,ns, includin.g c.ecofCftng, to dlf parties of interest and
future parties of interest
5.8 In the event thaf qny #efm, ,prov+siCSn,_;s'co'ndition, clause or other
portion of this Agreement be held'<fo k~e inoperafiye, irivalid;"vflid, or in:confl,ct
tr with appl.icabie provision, condition, c}ause ot:other: portion• of fhis Agre,~ment,
~ and the.; remamder of this Agreement shali b4"etfective,a's'tf•svth ;Ysrrxi, piovision,
o : , .
condition oi~0:#her. portion had not been contdtnpd herem;'and to.`this~ end, the
° terms; of this Agreement are declared by the parties tq be'seve,i^ab4e
S.F`. Upon` execution, this Agreement shall be "rt~corded with the King
o Co~nty':Au.ditor'S office The OWNER shall be responsible for'recording and shall
provide evidene. e of,such recordmg to the CITY
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~ IN WITNESS WHEREOF, heO,.W..NER: an the CITY hereto have executed this
o
of 2000.
C.1 Agreement as of :this 7 ciay:
CITY OF AUBURN C~ ~~(.tlt}tXt~ ~~I •
CHARLES A BOOTH
MAYOR
City,Glsrk
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the undersigned, d:Notary Public in and for the State.of.4Ya3hington, duly
commtssioned qnd 5wom, personally appeared CHARttS A. BpOTH and [3ANIELLE
DASKAM, to m& known as the Mayor and City Clerk, for the':City of Aub~+m,:ihe
cordoratron who ekeGU4etJ the within and foregoing instrument;`pnti dcknbwledged
the said in&i
for tFte uses
to execute
be the:free and voluntary act and deed of saicl C!fy of Auburn,
Sses therein mentioned, and on oath stated that he is authonzed
IN WITNESS WHER;EOF; i ha
qt f.ort
date hereinabg~cR4,
P~P A ep~i
J; NOT4p r m..
%/'Ul 1 PO,"
Ord No 5424
WSC00-0004
0714/00
Page 9
't7# said corporation
o set my hand and affixed my official seal on the
v r. ,
a on F. Duma}:,:,,,.:..' `
STATE OF WASHINGTON )
) ss
~ COUNTY OF KING
p On tkiis f^ day of ll Gl S~ ~ 26Q0, befor~ me.
a the undersigned,`a. Notory Pubhc m ond for the, State,of WasharagtQn dul~!
commissioned.anci'swom, persona{ly oppeared larti~es L. Diimo. and Lavon`F. puma,
o the 01NNER;thai€exe~uted the within and foregomg insfirumen#,.and a.ckriowledged the
~ said iristrurnentto b.e the tree and volunSary act and deed 6f.5010 OIIVNER, for the uses
OD and`purposes therein,rrien#wned, and on oath stated that they fxe author'ized to
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O execute said instrurnent.on 6ehalf of said OWNER
~ ` I:N WI7MESS' WHEREbF,1 hav$hereunto set my hand and affixed my official seal
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0 on the date he*ndbove set ftirth
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: Qa~,vN Ftit,~ a~Ny E~3'v~ u~~
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(P~'inte. N~ime)
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N07ARY PttB
,in:'an'd.#or the State of Washmgton,
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residing
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MYC6MMIS510NE PIR~S ~(D 2-9 D;~j
Ord No 5424
WSCO0-OU04
' ' •
0714/00
Page 10
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AT THE NW CO.R:.NER OFS. 320r"
ATTACHMENT A
E TRACTS ACCORDING TO THE PLAT
WASHINGTON
WA
AND 56T" AVENUE SOUTH