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HomeMy WebLinkAbout4005 RESOLUTION NO. 4005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR PAYMENT OF FEE IN LIEU OF WETLAND MITIGATION WITH THE DEVELOPER, CORNERSTONE HOMES AND DEVELOPMENT, LLC WHEREAS, the DEVELOPER is owner of certain real property which is located generally east of 56th Avenue South and between Iowa Drive/South 34ih/South 348th and South 336th Streets in the City of Auburn, King County, Washington, commonly referred to as "Jovita Heights"; and WHEREAS, the DEVELOPER or the representative of DEVELOPER executing this Agreement has the authority to enter into an agreement with the CITY with respect to planned onsite wetland impacts; and WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetlands for the benefit of public health, safety, and welfare; and WHEREAS, it is mutually agreed that preservation of the quality of wetlands is essential to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife, and that preservation of the quality of wetlands is in conformity with the CITY'S Comprehensive Plan; and WHEREAS, two wetlands have been identified on the Subject Property and the "Wetland and Stream Analysis Report" (Initially dated July 13, 2005 with recent update of February 11, 2005 with a supplement dated March 23, 2005) prepared by B- Twelve, Resolution No. 4005 March 28, 2006 Page 1 Inc. defines a 7,194 square foot wetland (Wetland W) and a 21 square foot wetland (Wetland X); and WHEREAS, the applicant proposes to fill a portion of wetland "W" and all of wetland "X" in order to construct the project which will result in a total wetland fill of approximately 816.53 Square Feet; and WHEREAS, based on the following Auburn policies, these wetlands need to be compensated for in order to maintain "no net loss" for the functions and values that these wetlands provide; 1. EN-29 The City shall consider the impacts of new development on the quality of wetland resources as part of its environmental review process and shall require appropriate mitigation and monitoring measures of important wetland areas. Such mitigation may involve conservation, enhancement or restoration or replacement of important wetlands, and provisions for appropriate buffering. The goal of the mitigation should be no net loss of wetland functions and values. A permanent deed restriction shall be placed on any wetlands created or enhanced to ensure that they are preserved in perpetuity. 2. EN-30 Wetlands which are associated with a river or stream, or provide significant plant and animal habitat opportunities are recognized by the City as the most important wetland systems, and shall receive the highest degree of protection and mitigation through conservation, enhancement, or relocation measures. Wetlands which are limited in size, Resolution No. 4005 March 28, 2006 Page 2 are isolated from major hydrological systems or provide limited hydrological or plant and animal habitat opportunities may be considered by the City for development and displacement in conjunction with appropriate mitigation. 3. EN-32 It is the City's intent to pursue development of an area-wide wetlands management program for the entire City to establish a systems approach to wetlands management. The City shall work with adjacent communities to adopt and implement the Special Area Management Plan (SAMP) for the Mill Creek Basin, a draft version of which has been developed with the U.S. Army Corps of Engineers. The purpose of the SAMP is to establish uniform wetland definition and methodology throughout the planning area, to develop a regional consensus and predictability by identifying important wetlands which must be conserved and less important wetlands which may be developed. The SAMP is intended to ensure a balance of the City's commitment between environmental and economic development interests. The City shall strive to streamline the permitting process for development in the areas covered by the SAMP; and WHEREAS, the wetland systems that were identified to be impacted by the project consultant fall into the category of limited function and value, low quality wetlands; and WHEREAS, with these justifications, staff is proposing to take on the wetland mitigation responsibilities for the current project involving the Subject Property and Resolution No. 4005 March 28, 2006 Page 3 integrate it into protecting and enhancing the higher quality wetlands that encompass the Auburn Environmental Park (AEP); and WHEREAS, traditionally, when a developer proposes to impact wetlands, mitigation ratios are established in order to ensure the success of the wetland mitigation; and WHEREAS, the CITY and others have had tremendous success with wetland mitigation projects throughout the City limits of Auburn; and WHEREAS, the CITY after evaluating the factors involved in the Jovita Heights project has proposed that the developer pay a fee for a mitigation ratio of 6: 1 in order to compensate for mitigation costs, buffer impacts and any unknown costs that could develop once the City moves forward with construction in the AEP; and WHEREAS, the DEVELOPER has determined that it is in their best interest to pay a fee to the CITY in lieu of performing the necessary wetland mitigation with regard to the Subject Property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON IN A REGULAR MEETING DULY ASSEMBLED, HEREIN RESOLVES AS FOLLOWS: Section 1. The Mayor and the City Clerk of the City of Auburn to execute an agreement for the payment of fee in lieu of wetland mitigation with the developer, Cornerstone Homes and Development LLC, for its wetland impacts on the Jovita Heights project. A copy of said agreement is attached hereto, denominated as Exhibit "1" and made a part hereof as though set forth in full herein. Resolution No. 4005 March 28, 2006 Page 4 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 be in full force and effect upon its passage and signatures hereon. DATED AND SIGNED THIS Jd- day of ~ ,2006. c~~~ ~~~. LEWIS MAYOR ATTEST: ~ ~ A~/ if .. ban Ie Daskam City Clerk Resolution No. 4005 March 28, 2006 Page 5 ': ~ Return Address: Auburn City Clerk City of Auburn 25 West Main St. Auburn, WA 98001 I" II" 1111 111111111111 20060425002086 PACIFIC NW TIT AG 40 00 PAGE001 OF 008 . 04/2S/2006 lS:01 KING COUNTY, WA RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): q.(jS\ -~5-\O-- 1. Agreement for Payment of Fee in Lieu of Wetland Mitigation Reference Number(s) of Documents assigned or released: DAdditional reference #'s on page of document Grantor(s) (Last name first, then first name and initials) 1. Auburn, City of Grantee: (Last name first) 1. Cornerstone Homes and Development, LLC Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Jovita Heights Addition i:8l Additional legal is on page 7 of the document. Assessor's Property Tax Parcel/Account Number: 375160-0713 D Assessor Tax # not yet assigned AGREEMENT FOR PAYMENT OF FEE IN LIEU OF WETLAND MITIGATION THIS AGREEMENT (the "Agreement") is made and entered into this 1 i1- day of {~ ' 2006, by and between CORNERSTONE HOMES AND DEVELOPMENT, LLC, hereina r refe red to as "DEVELOPER", and the CITY OF AUBURN, a municipal corporation organized under Title 35A RCW, hereinafter referred to as the "CITY". WHEREAS, the DEVELOPER is owner of certain real property which is located generally east of 56th Avenue South and between Iowa Drive/South 347th/South 348th and South 336th Streets in the City of Auburn, King County, Washington, commonly referred to as "Jovita HeigIrts" and described more fully in Exhibit "A" attached hereto, which property is intended to be subject to this Agreement (the "Subject Property"); and WHEREAS, the DEVELOPER or the representative of DEVELOPER executing this Agreement has the authority to enter into an agreement with the CITY with re;.spect to certain wetland and wetland buffer areas legally described on Exhibit 'B' attached hereto and incorporated herein by reference (the "Wetland Property") located on the Subject Property; and WHEREAS, it is mutually agreed that this Agreement be entered into to preserve the quality of wetlands for the benefit of public health, safety, and welfare; and WHEREAS, it is mutually agreed that preservation of the quality of wetlands is essential to maintaining a quality environment, maintaining quality water resources, and the preservation of wildlife, and that preservation of the quality of wetlands is in conformity with the CITY'S Comprehensive Plan; and WHEREAS, two wetlands have been identified on the Subject Property and the "Wetland and Stream Analysis Report" (Initially dated July 13, 2005 with recent update of February 11, 2005 with a supplement dated March 23, 2005) prepared by B-Twelve, Inc. defines a 7,194 square foot wetland (Wetland W) and a 21 square foot wetland (Wetland X); and WHEREAS, the applicant proposes to fill a portion of wetland "W" and all of wetland "X" in order to construct the project which wil\ result in a total wetland fill of approximately 816.53 Square Feet; and WHEREAS, based on the following Auburn policies, these wetlands need to be compensated for in order to maintain "no net loss" for the functions and values that these wetlands provide; 1. EN-29 The City shall consider the impacts of new development on the quality of wetland resources as part of its environmental review process and shall require appropriate mitigation and monitoring measures of important wetland areas. Such mitigation may involve conservation, enhancement or restoration or replacement of important wetlands, and provisions for appropriate buffering. The goal of the mitigation should be no net loss of wetland functions and values. A permanent deed restriction shall be placed on any wetlands created or enhanced to ensure that they are preserved in perpetuity. 2. EN-30 Wetlands which are associated with a river or stream, or provide significant plant and animal habitat opportunities are recognized by the City as the most important wetland systems, and shall receive the highest degree of protection and mitigation through conservation, enhancement, or relocation measures. Wetlands which are limited in size, are isolated from major hydrological systems or provide limited hydrological or plant and animal March 28, 2006 Page 1 habitat opportunities may be considered by the City for development and displacement in conjunction with appropriate mitigation. 3. EN-32 It is the City's intent to pursue development of an area-wide wetlands management program for the entire City to establish a systems approach to wetlands management. The City shall work with adjacent communities to adopt and implement the Special Area Management Plan (SAMP) for the MiI\ Creek Basin, a draft version of which has been developed with the U.S. Army Corps of Engineers. The purpose of the SAMP is to establish uniform wetland definition and methodology throughout the planning area, to develop a regional consensus and predictability by identifying important wetlands which must be conserved and less important wetlands which may be developed. The SAMP is intended to ensure a balance of the City's commitment between environmental and economic development interests. The City shall strive to streamline the permitting process for development in the areas covered by the SAMP; and WHEREAS, the wetland systems that were identified to be impacted by the project consultant fall into the category of limited function and value, low quality wetlands; and WHEREAS, with these justifications, staff is proposing to take on the wetland mitigation responsibilities for the current project involving the Subject Property and integrate it into protecting and enhancing the higher quality wetlands that encompass the Auburn Environmental Park (AEP); and WHEREAS, traditionally, when a developer proposes to impact wetlands, mitigation ratios are established in order to ensure the success of the wetland mitigation; and WHEREAS, the CITY and others have had tremendous success with wetland mitigation projects throughout the City limits of Auburn; and WHEREAS, the CITY after evaluating the factors involved in the Jovita Heights project has proposed that the developer pay a fee for a mitigation ratio of 6: I in order to compensate for mitigation costs, buffer impacts and any unknown costs that could develop once the City moves forward with construction in the AEP; and WHEREAS, DEVELOPER has determined that it is in their best interest to pay a fee to the CITY in lieu of performing the necessary wetland mitigation with regard to the Subject Property; NOW, THEREFORE, in consideration of the mutual benefits to be derived, the parties hereby agree as follows: 1. AUTHORITY TO ENTER INTO AGREEMENT. DEVELOPER is the owner of the Subject Property referred to above and has full power and authority to enter into this agreement. 2. FEE IN LIEU OF WETLAND MITIGATION. DEVELOPER hereby agrees to pay THIRTY SIX THOUSAND FIVE HUNDRED AND SEVENTY DOLLARS AND NOIIOO ($36,570.00) to CITY as a fee in lieu of wetland mitigation. The parties agree that this fee represents the anticipated costs to CITY of performing wetland mitigation and is based on mitigation of .038 of an acre of impact at a 6:1 ratio which results in 0.23 acres of needed mitigation. The cost of mitigation is agreed to be $159,000.00 per acre (.023 x $159,000/acre = $36,570.00 total mitigation cost). The fee shall be paid prior to March 28, 2006 Page 2 the issuance of a grading permit and no further approvals for the project will be granted until the fee has been paid. 3. ENFORCEMENT. In the event the CITY determines that DEVELOPER is in violation of the terms of this AGREEMENT, and an enforcement action is initiated, the prevailing party in such action shall be entitled to recover reasonable attorney's fees and costs incurred in prosecuting or defending against such enforcement action, in addition to any other remedy or relief obtained. 4. NON- WAIVER OF BREACH. No omission or failure by the CITY to exercise or enforce any of its rights under this Agreement or to enforce any breach hereof, nor any forbearance granted by the CITY, shall be deemed or construed as a waiver by the CITY of such rights or a discharge of liability for any breach by DEVELOPER of the terms hereof. Nor shall any delay by the CITY in the exercise or enforcement of its rights and remedies limit or impair such right or remedy, or be construed as a waiver of the CITY'S right to pursue its remedies. 5. TERMINATION. This agreement shall terminate on the date of final payment of funds from the DEVELOPER to the CITY. 6. GOVERNING LAW. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the parties under any of the provisions of this agreement, resolution of that dispute shall be available exclusively through the jurisdiction, venue and rules of the King County Superior Court, King County, Washington. 7. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of each party. 8. CONSTRUCTION. This Agreement shall be liberally construed to effect the purpose and intent hereof. 9. SEVERABILITY. If any provision of this Agreement is ruled invalid or unenforceable for any reason by a court of competent jurisdiction, the remaining provisions hereof shall remain in force and effect. 10. BINDING ON HEIRS. ASSIGNS AND SUCCESSORS. This agreement shall be binding on the heirs, assigns and successors in interest of the parties hereto, and the obligations hereunder shall run with the land described in Exhibit "A". March 28, 2006 Page 3 IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date first written above. DEVELOPER: CITY: By: By: Name: ,:} OInT,' L\; Name: P e. + eJ 6. I-ew I' S Title: 6~w.z.rL /?J~/r jntle: /'1 CA.. yo iF March 28, 2006 Page 4 STATE OF WASHINGTON) i "./ ) ss. COUNTY OF ".., I Itl (i- ) nB ~, ON JHI~ . I day of , 200"y::::::, before me, personally appeared t _J 2P.11t/o ,tome own to be the ~et1t'VCt Jtftt-l1tt 'w, of said company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto the day and year in this certificate first above written. """",\\\ _---...~~\..E E. D~".tJ. .: ~~........... ~- 'I, .: ~ ...;...\ssI O^, ~:..ij\+ " , Q .' ~ 'of:. . ."~ ~ ~' ; /8 ~Or~L~\~ \ .1 /'-~:,., ..... / , :. ,... m.' 't v ( tl /U~ ,,: _'_ C'/) : ~ ,... _ I.L." ~ ~ \. ~(Jel\c 1 ; NOtARY UBLIC in and for thr Stale of ''''',''''~''.'~:''. ~ . 1 .../ct/ Washingto?, ~esiding.at C h UVIAl:' (~ I,t O;:...~.~~.9..'~r,'<;' ...... My CommISSiOn ExpIres: l (/~. t. ~ Co' 7 'II"~ WAS,,",' .......... "~'I "".........'" STATE OF WASHINGTON) j/ ) ss. COUNTY OF T\ / AJ (y ) . Ii ~" ONJtIIS ;"'---dayof , 200k., before me, personally appeared t'ekr . -1..&</..-j , t me known to be the Mayor of the CITY OF AUBURN, a municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and official seal hereto the day and year in this certificate first above written. .......,",,,,,, ........... f. E. O~ "~'Ill "~... \.l ........ ~~' - ,y ,. ON.' I .l'f ........~\ E-t'; .... I, , ._~v ~., : ..~. "'Ah ~'. ~ '" 0 : "fir ~O' ,,)0- (<\ \ ~ : :0 ~ ~. ~ ~ : () tIP.-- : ~ ~ .. PUB\.\V 1 ~ ; \tP,;...... r 5.o1..-:i". f NO ARY PUBLIC in and for the State of ",()o~"?'f,:?::..;~~_~: Washington, residing at 6t ~a.-....J ""',~~\\~~........." My Commission Expires: I (/ ~ t? S- (J 7 ~ March 28, 2006 Page 5 EXHIBIT A JOVITA HEIGHTS Project No. 203191 LEGAL DESCRIPTION PARCEL A: LOTS 1 THROUGH 9 IN BLOCK 4 AND LOTS 1,2 AND 3 OF BLOCK 13 OF JOVITA HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 20 OF PLATS AT PAGE 12, IN KING COUNTY, WASHINGTON; TOGETHER WITH THAT PORTION OF THE FORMER SEATTLE-TACOMA POLE LINE EASEMENT LYING WITHIN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHEASTERLY OF BLOCK 4 AND NORTHWESTERLY OF BLOCK 13 OF SAID ADDITION AND BETWEEN THE EASTERLY AND WESTERLY BOUNDARIES OF SAID BLOCKS. AND LOTS 6 THROUGH 12 IN BLOCK 13; EXCEPT THE EAST 250 FEET THEREOF, AND A~L OF LOTS 13, 14, 16, 17, 18, AND 19 IN BLOCK 13 OF JOVITA HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 20 OF PLATS AT PAGE 12, INKING COUNTY, WASHINGTON. PARCEL B: LOT 4, BLOCK 13, JOVITA HEIGHTS ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF KING COUNTY WASHINGTON. PARCEL C: LOT 5, BLOCK 13, JOVITA HEIGHTS ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, RECORDS OF KING COUNTY WASHINGTON. PARCEL D: LOT 4, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-OI-0007 (REVISED), RECORDED UNDER RECORDING NO. 20011106001193, IN KING COUNTY WASHINGTON. PARCEL E: LOT 4A, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-OI-0007 (REVISED), RECORDED UNDER RECORDING NO. 20011106001193, IN KING COUNTY WASHINGTON. PARCEL F: LOTS 5,6,7,8 AND 9, BLOCK 25, JOVITA HEIGHTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 20 OF PLATS, PAGE 12, IN KING COUNTY WASHINGTON. PARCEL G: LOTS 2 AND 3, CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-04-0018, RECORDED UNDER RECORDING NO. 20041115002495, IN KING COUNTY WASHINGTON. () \ --I \ -< z~ 01 .----. 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