HomeMy WebLinkAbout3704 RESOLUTION NO. 3704
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, APPROVING THE DEVELOPMENT AGREEMENT
ENABLING THE ISSUANCE OF A WATER/SEWER AVAILABILITY
CERTIFICATE TO THE APPLICANT SUBJECT TO CERTAIN
CONDITIONS
WHEREAS, the City received an application for a proposal requesting water and
sewer service to a 25-1ot preliminary plat in King County ("Subject Project"); and
WHEREAS, the project is located within the City's Potential Annexation Area and
requires City water and sewer, and is therefore subject to the requirements of City of
Auburn Comprehensive Plan: City Expansion and Annexation (Chapter 13) Policy CE-3,
which states as follows:
The City of Auburn shall require...as a condition of extending sewer and/or
water utility service to properties within the Potential Annexation
Area...(but not adjacent to the City limits)...the signing of a legally binding
agreement to support annexation to the City at such time as the City
deems annexation appropriate. In these cases where immediate
annexation is either not required or not possible, the following conditions
shall apply:
The property owneddeveloper shall demonstrate to the City's
satisfaction that adequate urban governmental services (including
but not limited to storm and sanitary sewer systems, streets and
arterials, domestic water systems, parks and open spaces, fire and
police protection services, emergency medical services, public
schools and public transit services) will be provided to the
development; and
The City should pre-zone the subject property and the property
owneddeveloper shall agree to comply with appropriate City
policies, subdivision and zoning requirements where such
requirements are not superseded by applicable County
requirements (in the event of significant conflict between City and
County requirements, the City may choose to not extend utility
service). The prezoning will typically be to the City's designation
which is most similar to the existing County designation. Whenever
pre-zoning does not occur, land shall be zoned and given a
Resolution No. 3704
March 10, 2004
Page 1
Comprehensive Plan designation consistent with Comprehensive
Plan policy CE-10 concurrent with annexation; and
The property owneddeveloper shall agree to comply with
appropriate City development standards and public facility
specifications where such requirements are not superseded by
applicable County requirements (in the event of significant conflict
between City and County requirements, the City may choose to not
extend utility service). Any facilities to be dedicated to the City of
Auburn upon completion (e.g. sewer and water lines and
appurtenances) shall be built strictly according to City standards
and specifications.
WHEREAS, the Planning and Community Development Committee held a public
hearing on March 8, 2004 and recommended approval of the application, in accordance
with its Findings and Conclusions as follows
FINDINGS OF FACT
1. Proposal. The applicant proposes to subdivide 3.87 acres into 25 lots on
property zoned R-12 in King County.
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 and Auburn's
provision of water and sewer service is therefore subject to Auburn City
Code Chapter 14.18.
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.
The proposal is consistent with the Auburn Comprehensive Plan. The
property is designated "Moderate Density Residential" on the City of
Auburn Comprel:iensive Plan Map and is identified for proposed R3
(Duplex Residential) zoning in the Lea Hill Plan. However, ultimately
zomng authority for the area is under the purview of King County.
5. Consistency with City Policy In accordance with City policy for
annexation and expansion ot city services, the proponent has
demonstrated that:
adequate urban services will be provided to the development;
development can comply with King County standards for zoning and
permitting; and
the applicant shall comply with City public facility standards.
Resolution No. 3704
March 10, 2004
Page 2
6. Consistency with City Development Standards. The proposal, if
conditioned, is consistent with City development standards, although a
modification to City standards for has been requested to allow a sidewalk
to abut a curb with no planter strip (see Finding #7 below).
7. Modification to City Standards. The applicant has requested a
modification from city standards. Specifically the modification reqUest is to
allow the sidewalk to abut the curb on the east side of Road 'A" with no
planter strip on that side (east) of the street. The applicant notes that
when the property to the west of Vintage Hills develops, the west half of
Road "A" will be constructed with the planter strip in the right-of-way. The
applicant indicates that this is necessary to achieve the necessary lot
configurations to develop single-family homes in a King County zoning
district that would otherwise permit multi-family residenbal development.
The applicant notes that a similar approach has been applied in this
immediate area in other developments.
Upon review, the Public Works Department recommends that the
modification be approved with the condition that Road A c,o,,nsist of a 30
foot wide right-of-way to include 24 feet widepavement, a 6 vertical curb
on the west side, and a 6" vertical curb and a five (5) foot wide sidewalk on
the east side. Also a five-foot wide landscaping easement on private
property is to be provided east of the right of way/back of sidewalk on the
east side of the street.
8. The case file and its contents for WSC03-0018 are incorporated by
reference into this staff report.
CONCLUSIONS
1. The findings of fact indicate that the proposal, if conditioned, can be made
consistent with City Comprehensive Plan Policy CE-3.
2. The applicant's proposal has met the criteria for the granting of a
water/sewer availabihty certificate identified in ACC 14.18.070(A).
RECOMMENDATION
Based on the facts and findings and conclusions of the staff report, staff
recommends that Planning and Community Development Committee
recommend to the City Council approval of the development agreement which
will enable the issuance of a water/sewer availability certificate to the
applicant subject to the following conditions:
Water and Sewer
1. Water service will require construction of an eight,-jnch (8") minimum water
li,n,e from its curren,t_end at approximately SE 315'" Place to connect to the
8 main in SE 316'" Street. The water line must serve all lots and provide
ade.q.uate fire protection. No dead-end lines will be allowed. Exact
Iocabons of water lines, as well as easements, if necessary, will be
determined during the permitting process.
2. Installation of sewer will require construction of an eight-inch (8") gravity
sewer main to serve all lots. The sewer main shall extend to and through
Resolution No. 3704
March 10, 2004
Page 3
the property with an exact location and any appropriate easements to be
determined during the permitting process.
Traffic, Streets
1. Requirement: For Road A, the dedicated right-of-way shall be 30 feet
wide to include a 24 foot wide pavement, a % foot of vertical curb on
the west side, and a % foot of curb and a five foot wide sidewalk on the
east side. As a condition of granting a modification to standards for a
landscape strip in the right of way, a five foot landscape easement is
requiredto be provided east of the ROW/back of sidewalk on the east
side.
2. Requirement regarding driveways: The driveway for proposed Lot 22
shall access Tract D. The driveway for Lot 1 shall access via SE 314th
and shall be located at the extreme west end of Lot 1. The driveway for
Lot 9 shall access via SE 315th PL. and shall be located at the extreme
east end of Lot 9.
Other
1. Fire hydrants shall be provided per Auburn City Code. Fire hydrants
shall be installed per Auburn City Standards at (ACC13.16.060).
2. Any impact fees paid to King County shall be reported to the City of
Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn, Washington, are
hereby authorized to execute the Development Agreement between the City of Auburn
and Randy Goodwin, a copy of which Agreement is attached hereto as Exhibit "A" and
incorporated herein by reference.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
Section 3. This Resolution shall take effect and be in full force upon passage
and signatures hereon.
Resolution No. 3704
March 10, 2004
Page 4
DATED AND SIGNED this
ATTEST:
Danielle E. Daskam,
City Clerk
day of
PETER B. LEWIS,
MAYOR
APPBC~/'.. ED AS_TO FORM:
?
D~iniel B. Fteid, -'""
City Attorney
Resolution No. 3704
March 10, 2004
Page 5
20040406000597
BRIMR & HOLMBE RG 35.05
PAGE00~ OF 017
04/B6/2004 15:5g
KZNG COUNTY, UR
DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
P annin.q Dept. 25 West Main Street
Auburn, WA 98001
WSC 03-0018
Parcel Number(s) 092105-9105
Additional legal on pa.qe 12
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
Randy Goodwin 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 petition for and
agree to annexation of the PROPERTY to the CITY, and does hereby agree to the
conditions of annexation herein, and 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.
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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
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 SEPA.
1.6. The CITY'S Comprehensive Plan 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.
1.7. Washington law recognizes a City's requirement of an annexation
agreement or a commitment to future annexation as a condition of extending
utility service outside the corporate limits of the CITY.
1.8. Extension of utility services beyond CITY limits is subject to the
authority of the King County Boundary Review Board, and said Board requires
that such extensions be conditioned on annexation or efforts toward
annexation.
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1.9. 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.
1.10. 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.
1.11. 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.
1.12. 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: 12226 SE 316th Street
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.
3. PETITION AND COVENANT FOR ANNEXATION
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The OWNER, in consideration of the CITY'S agreement to provide
utility service to the PROPERTY, does hereby petition, agree and covenant as
follows:
3.1. The OWNER does hereby apply for and petition for annexation of
the PROPERTY to the CITY and thereby agrees, promises and covenants that if at
any time the PROPERTY is included within any area which is being considered for
annexation to the CITY, said OWNER does join in said annexation and by this
PETITION does provide this NOTICE OF INTENT TO ANNEX and that the petition
referred to herein is irrevocable. The OWNER recognizes and agrees that by
signing this Agreement, the PROPERTY of the OWNER will automatically be
included as a property to be annexed in the event the PROPERTY is within a
proposed annexation area.
3.2. The OWNER agrees to execute all necessary documents such as
applications, 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 CITY
indebtedness, the application to the area to be annexed of the CITY
Comprehensive Plan and land use controls, and such other conditions as the
CITY may lawfully impose. The OWNER, for him/her/themselves and for
his/her/their heirs, successors and assigns, agrees and covenants with the CITY,
and to the present and future owners of the PROPERTY to which this covenant
relates, that this agreement is to constitute a covenant running with the land,
and shall burden such land that he/she/they shall, whenever so requested,
execute such letters, notices, petitions or other instruments. Owner agrees to
immediately record this document and specifically advise future interests in the
property.
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3.3. The OWNER recognizes that the laws of the State of Washington
relating to the annexation of property by a city provides that property may De
annexed to a city if property owners, equal to sixty percent of the assessed
value of property within the area proposed to be annexed, sign a petition for
such an annexation.
3.3.1 The OWNER further recognizes that other methods of annexation are
allowed under the laws of the State of Washington, including the election
method.
3.4. The OWNER understands that the OWNER'S signatures on this
Agreement is an admission that the OWNER understancls the certain rights which
the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving
such rights in consideration of receiving the descriDecl utility services.
3.5. The OWNER understands and agrees 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 indeDtedness of the CITY which was contracted prior to, or
existing at, the date of annexation.
3.6 The undersigned OWNER of the PROPERTY, on behalf of
himself/herself/themselves, his/her/their heirs, successors and assigns, hereby
designate(s) the CITY as OWNER'S true and lawful attorney-in-fact for the
purpose of signing any petition leading to the annexation of said PROPERTY to
the CITY, with full power to do and perform any proper act which the OWNER
may do with respect to the annexation of saJcI real property. The CITY may
exercise this power through its City Clerk or otherwise as the CITY COUNCIL may
direct. This Special Power of Attorney is given for the valuaDle consideration of
the furnishing of water and/or sewer service by the CITY, and this Special Power
of Attorney is further given as security for performance of the annexation
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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 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. Water service will require construction of an eight-inch (8") minimum
water line from its current end at approximately SE 315tn Place to connect to the
8" main in SE 316th Street. The water line must serve all lots and provide
adequate fire protection. No dead-end lines will be allowed. Exact locations of
water lines, as well as easements, if necessary, will be determined during the
permitting process.
4.2 Installation of sewer will require construction of an eight-inch (8")
gravity sewer main to serve all lots. The sewer main shall extend to and through
the property with an exact location and any appropriate easements to be
determined during the permitting process.
4.3 Requirement: For Road A, the dedicated right-of-way shall be 30 feet
wide to include a 24 foot wide pavement, a '/2 foot of vertical curb on the west
side, and a '/2 foot of curb and a five foot wide sidewalk: on the east side. As a
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condition of granting a modification to standards for a landscape strip in the
right of way, a five foot landscape easement is required to be provided east of
the ROW/back of sidewalk on the east side.
4.4. Requirement regarding driveways: The driveway for proposed Lot 22
shall access Tract D. The driveway for Lot 1 shall access via SE 314th and shall be
located at the extreme west end of Lot 1. The driveway for Lot 9 shall access via
SE 315th PL. and shall be located at the extreme east end of Lot 9.
4.5 Fire hydrants shall be provided per Auburn City Code. Fire hydrants
shall be installed per Auburn City Standards at (ACC13.16.060).
4.6 Any impact fees paid to King County shall be reported to the City of
Auburn.
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 ali 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.
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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 Kin~l County, Washington. The applicable laws, rules, and regulations of
the State of Washington and the CITY shall govern this Agreement.
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 postage prepaid.
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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
County Auditor's office. The OWNER shall be responsible for recording and shall
provide evidence of such recording to the CITY.
IN WITNESS WHEREOF, the OWNER and the CITY hereto have executed this
Agreement as of this ~ day of ./.j~/(J.'~ , 2004.
' I
PETER B. LEWIS
MAYOR
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ATTEST:
Danielle Daskam
City Clerk
City Attorney
STATE OF WASHINGTON
COUNTY OF KING
On this ~,"-'[~' day o'~'--"~'- ¥~~...__. ,2004, 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.
~-'." ~c~'Z',,, ,. ,
',,.~2...
NOTARY ~U~UC in and fo~., e S,,tate of
,,,,,o~ w ~s~:-' ~'
~'~'"'""' Washington, residing at
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OWNER:
Randy Goodwin
BY REPRESENTATIVE:
S~upe ~olmb'e'rg / g'~ima & Holmberg, Inc.
Agent
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
On this ,~ '?'~'( day of ,./~.;~]'2z~ , 2004, before me,
the undersigned, a Notary Public in and for the State of Washington, duly
commissioned and sworn, personally appeared Shupe Holmberg, the Agent for Randy
Goodwin, the OWNER 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
°n the date hereinab°ve set f°rth' '-~'_~77
'J NOTARY PUB LIC [
] STATE OF WASHIN~TON [ (Printed Name)
1 COMMISSION EXPIRES [
~ NOTARY PUBLIC in ond for the State of Washington,
res,d,ngat ..,('~:~_~.~'~. 4.//'
MY COMMISSION EXPIZRES:
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ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL NUMBER(S)
092105-9154
THE EAST 4 ACRES OF THE WEST 6 ACRES OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON:
LESS COUNTY ROAD.
092105-9114 /092105-9115/092105-9134/092105-9136
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