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ORDINANCE NO. 5 7 5 5
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 OF AUBURN AND DENNIS JOHNSON OF
FREEMANTLE DEVELOPMENT, INC.
WHEREAS, DENNIS JOHNSON of FREEMANTLE DEVELOPMENT, INC.,
owner of a 13 lot single family subdivision on 3 acres to be developed East of l1Sth
Avenue SE on the North side of NE 30th Street within the City of Auburn's Potential
Annexation Area; and
WHEREAS, Application No. WSC03-0003 was submitted to the City of Auburn,
Washington, on February 20,2003, requesting water and sewer utility services; and
WHEREAS, City of Auburn Comprehensive Plan Policy CE-3 requires, as a condition
of obtaining water and sewer utility services, a legally binding 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
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Ordinance No. 5755
Apri115,2003
Page 1
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 April 14, 2003, conducted a public hearing on
WSC03-0003 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
WHEREAS, DENNIS JOHNSON, representative of the FREEMANTLE
DEVELOPMENT, INC. property within the City of Auburn water service area understands
and agrees that water utility service to the property may be limited by issues including the
Endangered Species Act (ESA) and actions of other governmental agencies; and
WHEREAS, thereafter, the Planning and Community Development Committee, voted
to recommend to the City Council that it approve the Agreement which provides for the
issuance of water utility services.
FINDINGS OF FACT
1. Proposal. Mr. Johnson proposes to subdivide a 3 acre parcel into a 13 lot single-family
subdivision on land zoned R4 in King County.
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Ordinance No. 5755
April15,2003
Page 2
2. Auburn Comprehensive Plan and Pre-Zoning. The property is designated "Single
Family Residential" on the City of Auburn Comprehensive Plan Map.
3. Water and sewer service is available at the property. The Public Works Department
has determined that water and sewer service is or can be made available to the property.
4. The majority of the proposal is consistent with City development standards. One
modification to City development standards was requested for the proposal by the
applicant (finding 8, below). The remainder of the proposal is consistent or has been
revised to be consistent with City development standards.
5. The proposal is consistent with the City Comprehensive Plan. In accordance with
City policy for annexation and expansion of city services, the proponent has demonstrated
that:
· adequate urban services will be provided to the development;
· development will comply with King County standards for zoning and permitting; and
· the City shall be allowed to review and inspect construction of all public improvements,
regardless of eventual ownership.
6. The property cannot be annexed immediately. The property is not adjacent to existing
City limits, and there are several intervening parcels. The property cannot therefore be
annexed immediately.
7. The case file and its contents for WSC 03-0003 are incorporated by reference into this
staff report.
8. Request for modification of city standards. The Applicant has submitted a Request
for Modification of City Standards to allow the City-required landscaping strip to be
eliminated on one side of the interior road. ACC 14.18.070(B) provides for a modification
if one or more of the following can be shown to affect the development:
1. That special circumstances related to the size, shape, topography,
location or surroundings of the subject property 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
county standards; or
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Ordinance No. 5755
Apri115,2003
Page 3
4. When applying city standards puts the developer in a position where the
county will not allow that development to take place.
In this case the Applicant states that King County standards require street trees to be 4' behind
sidewalks, rendering planting strips between curb and sidewalk (as required by City of Auburn
street standards) too narrow for practical use of street trees. If both Auburn planting strips are
constructed and also King County tree-spacing requirements are met, street trees end up being
at least 14 feet back from the curb. Staff has found that removal of the planting strip on the
east side only of the internal road is a reasonable solution.
CONCLUSIONS
1. The findings of fact indicate that the proposal, if conditioned, is consistent with City
Comprehensive Plan Policy CE-3.
2. The applicant's proposal has met the criteria for the granting of a water/sewer
availability certificate identified in ACC 14.18.070(A).
3. The applicant has requested a modification to city standards as provided for in ACC
14.18.070(B), and has satisfied the criteria for granting the modification.
RECOMMENDATION
Based on the facts and findings and conclusions of the staff report, staff recommends that
Planning and Community Development Committee should recommend to the City Council
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Ordinance No. 5755
Apri115,2003
Page 4
approval of the development agreement which will enable the issuance of a water/sewer
availability certificate to the applicant subject to the following conditions:
1. Installation of sewer will require construction of an eight-inch (S") gravity sewer main
to serve all lots.
2. Water service will require construction of an eight-inch (S") minimum water line to
serve all lots and to provide adequate fire protection.
3. An easement for future water line extension and looping must be created between lots
10 and 11.
4. One side of the interior road must be posted as "no parking" to meet fire lane
standards per Auburn City Code.
5. "Road A" shall be a public street.
6. Streetlights shall be installed per City of Auburn standards.
7. Fire hydrants must be spaced a maximum of 600 feet apart per Auburn City Code.
S. The calculation and amount of any impact fees, including those for roads and parks,
paid to King County shall also be submitted to the City for City records.
9. The applicant shall construct a half-street improvement along the subject property's
SE 304th Street frontage in accordance with City standards.
10. All other applicable City development standards shall be complied with.
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Ordinance No. 5755
Apri115,2003
Page 5
Further, based on the facts and findings and conclusions of the staff report staff recommends
that the Planning and Community Development Committee recommend to City Council
approval of the requested modification to provide a landscaping strip between the curb and
sidewalk on only one side of the internal street, rather than both sides.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Purpose. The above-cited Conditions are herewith approved and
incorporated in this Ordinance by this reference.
Section 2.
Constitutionalitv or Invaliditv. 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 anyone or more 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 DENNIS
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Ordinance No. 5755
Apri115,2003
Page 6
JOHNSON, of FREEMANTLE DEVELOPMENT, INC.. 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.
APR 2 1 2003
INTRODUCED:
PASSED:
ms~~12003~
. ~ --2
PETER B. LEWIS,
MAYOR
APR 2 1 2003
ATTEST:
APPRO
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City Attorney
Published: 4J S -{)13
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Ordinance No. 5755
Apri115,2003
Page 7
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20030506000S60
FREMANTLE DEVE AG 26.00
PAGE 001 OF 008
05/06/2003 10:51
KING COUNTY, UA
-----
DEVELOPMENT AGREEMENT
(DECLARATION OF COVENANT)
Return Address City of Auburn
Planninq Dept. 25 West Main Street
Auburn, WA 98001
WSC 03-0003
Parcel Number(s) 786700-0063
Additional legal on paqe 8
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
Freemantle Development and the heirs, assigns, and/or successors in interest of
certain property, hereinafter referred to as "OWNER," is for and in consideration
of the furnishing of utility service by the CITY to certain property of the OWNER
hereinafter referred to as "PROPERTY." The OWNER does hereby declare this
covenant.
1. ACKNOWLEDGMENTS AND REPRESENTATIONS
The OWNER does hereby acknowledge and agree as follows:
1.1. The OWNER is the owner of certain PROPERTY, which is located
outside the corporate limits of the CITY.
1.2. The OWNER is seeking Preliminary Plat approval from King County
for the PROPERTY.
1.3. The OWNER has 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 .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
WSC03-0003
04/22/03
Page 1
, Î
and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020
and therefore the provisions of RCW 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 OWNER may require a determination of significance and
environmental review under SEP A.
1.6. The PROPERTY is located within the CITY'S POTENTIAL ANNEXATION
AREA or URBAN SERVICE AREA for annexation purposes as adopted by the CITY
in its Comprehensive Plan pursuant to the King County and Pierce County
Countywide Planning Policies.
1.7. It is in the interest of the citizens of the CITY to insure that all
developments 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 development standards as defined by section
14.18.006(C) of the Auburn City Code.
1.8. The OWNER'S 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 and covenants herein.
1.9. The OWNER does hereby acknowledge that in the event of violation
or breach of the terms of this DEVELOPMENT AGREEMENT, or upon the
invalidation of this AGREEMENT by judicial action, operation of law or otherwise,
the CITY reserves the right 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 DESCRIPTION
The PROPERTY is hereby described as follows: north side of SE 304th street and east
of 118th Avenue NE.
The PROPERTY is legally described in Attachment A, attached hereto and represented
by reference as if set forth in full. The OWNER warrants that Attachment A is correct as
fully describing subject PROPERTY.
WSC03-0003
04/22/03
Page 2
3. COVENANT
The OWNER, in consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby covenant as follows:
3.1 The OWNER agrees on his/her/their behalf and on behalf of
his/her/their heirs, successors and assigns that the OWNER will not protest the
future formation of any local improvement 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 which
includes the PROPERTY affected by this agreement.
4. AGREEMENT OF CONDITIONS AND/OR MITIGATION MEASURES OF
APPROVAL
The OWNER, in consideration of the CITY'S agreement to provide
water and sewer utility services to the PROPERTY, and in recognition of the CITY's
conditions for annexation of the PROPERTY, does hereby agree to comply with
the following:
4.1. Installation of sewer will require construction of an eight-inch (8")
gravity sewer main to serve all.
4.2. Water service will require construction of an eight-inch (8") minimum
water line to serve all lots and to provide adequate fire protection.
4.3. An easement for future water line extension and looping must be
created between lots 10 and 11.
4.4. One side of the interior road must be posted as "no parking" to
meet fire lane standards per Auburn City Code.
4.5. "Road A" shall be a public street.
4.6. Streetlights shall be installed per City of Auburn standards.
4.7. Fire hydrants must be spaced a maximum of 600 feet apart per
Auburn City Code.
4.8. The calculation and amount of any impact fees, including those for
roads and parks, paid to King County shall also be submitted to the
City for City records.
4.9. The applicant shall construct a half-street improvement along the
subject property's SE 304th Street frontage in accordance with City
standards.
WSC03-0003
04/22/03
Page 3
4.10. All other applicable City development standards shall be complied
with.
5. GENERAL PROVISIONS
The OWNER and the CITY do hereby acknowledge and agree to
the following provisions, which apply to the entire Agreement herein.
5.1. The OWNER agrees that all future land use and development on the
PROPERTY will meet all land use and development standards of the CITY. In the
event of a conflict between CITY standards and any applicable County'
standards, the more restrictive standards as determined by the CITY shall apply.
5.2. Nothing in this agreement shall be construed to create any financial
obligation on the part of the CITY with regard to annexation, construction of
utility facilities and appurtenances, or any other matter. The OWNER and the
CITY hereby acknowledge that it is the OWNER'S responsibility to finance the
design and construction of utility facilities needed to serve OWNER'S property
consistent with CITY plans and specifications, unless otherwise agreed by the
CITY.
5.3. The OWNER agrees to allow CITY, at CITY'S option, plan review and
approval prior to construction, and CITY inspection during construction of all
public improvements as they are built, regardless of the ownership of such
improvements, and shall reimburse the CITY for any reasonable costs incurred in
such plan review and inspection.
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
OWNER or the CITY in the performance of any of the provisions of this Agreement
a legal action is instituted, the party not 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 County, Washington. The applicable laws, rules, and regulations of
the State of Washington and the CITY shall govern this Agreement.
WSC03-0003
04/22/03
Page 4
5.6. The terms and provisions of this DEVELOPMENT AGREEMENT shall
inure to the benefit and become binding upon the heirs, assigns and/or
successors in interest of the parties hereto and is a covenant running with the
land. The OWNER agrees to indemnify and hold the CITY harmless from any
claims that any subsequent purchaser may have as a result of this Agreement,
including CITY'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 pòstage prepaid.
5.7.1 The OWNER warrants that the OWNER will undertake, and be
responsible 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 OWNER shall be responsible for recording and shall
provide evidence of such recording to the CITY.
IN WITNESS WHEREO~,. t~ OWNER a~d the CITY hereto have executed this
Agreement as ot this Æ day ot~, 2003.
CITY OF AUBV ~
@ ,~-----=:
PETER B. LEWIS
MAYOR
WSC03-0003
04/22/03
Page 5
ATTEST:
Á)a[;d/~~~
Dariielle Daskam
City Clerk
STATE OF WASHINGTON )
) ss
COUNTY OF KING, vJ)) G·" , . .
On this 7.'2-- day ot _ 0,~ ~ <;L , 2003, before me,
the undersigned, a Notary Public in and for tHe State of Washington, duly
commissioned and sworn, personally appeared PETER B. LEWIS and DANIELLE DASKAM,
to me known as the Mayor and City Clerk, for the City of Auburn, the corporation who
executed the within and foregoing instrument, and acknowledged the said instrument
to be the free and voluntary act and deed of said City 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the
date hereinabove set forth. "
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NOTARY PUBLIC in and f1i;ìe S?te of
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WSC03-0003
04/22/03
Page 6
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OWNER:
Freemantle Development
BY REPRESENTATIVE:
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Dennis Johnson
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STATE OF WASHINGTON
)
) ss
COUNTY OF KING sl.- )
On this \ - day of ~lclV) , 2003, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Dennis Johnson, the REPRESENTlVE of
Freemantle Development, the REPRESENTATIVE that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said OWNER, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute said instrument on behalf of said OWNER.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
on the date hereinabove set forth. ¡J, / /
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MY COMMISSION XPIRES: tö lÆ/ cS-
WSC03-0003
04/22/03
Page 7
· .
ATTACHMENT A
LEGAL DESCRIPTION:
THAT PORTION OF LOT 121N THE PLAT OF THE SOUND TRUSTEE COMPANY'S THIRD
ADD AS RECORDED IN VOLUME 12 OF PLATS ON PAGE 100, RECORDS OF KING
COUNTY, WASHINGTON DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 12 AND PROCEEDING
ALONG THE WEST LINE OF SAID TRACT 12 - 453.05 FEET;
THENCE EAST AT RIGHT ANGLES TO SAID WEST LINE 345 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE SOUTH 458.98 FEET TO THE SOUTH LINE OF SAID TRACT 12;
THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID
TRACT 12;
THENCE NORTH ALONG THE EAST LINE OF SAID TRACT 12 - 460.01 FEET;
THENCE WEST TO THE TRUE POINT OF BEGINNING.
................................................................................................................................................
WSC03-0003
04/22/03
Page 8