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HomeMy WebLinkAbout03-01-2004 ITEM VIII-B-9� :...� pop r CITY OF .. AGENDA SILL APPROVAL FORM M WASHINGTON Agenda Subiect Date: Resolution No. 3699 2/25/2004 Department: Planning Attachments: Budget Impact: Resolution No. 3599 Administrative Recommendation: City Council adopt Resolution No. 3599. Background Summary: Resolution No. 3699 would authorize the issuance of water and sewer availability certificates for 2 -lot rezone in King County. The site is located at the northwest corner of SE 3121h Street and 1241" Ave SE on Lea Hill. A3.13.8 WSC03-0016 L0301-3 Reviewed y Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTE S: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Z Le al Police Human Resources Planning Comm. other Pu Iic Works Lj Action: Committee Approval: YesNo Council Approval: HYesHNo Call for Public Hearing 1 1 Referred to Until 1 1 Tabled U ntiT�� T 7� Councilmember: Singer Staff: Krauss Meeting Date: March 1, 2004 Item Number: item VIII . B. 9 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 3 6 9 9 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 two parcels ("Subject Property") to be rezoned of from R-24 to "Community Business" in- King County; and WHEREAS, the development of the site is likely that to be a 15,000-20,000 square -foot retail/commercial center; and WHEREAS, the project is located within the City's Potential Annexation Area and requires Cit water and sewer, and is therefore subject to the requirements of City of q Y Aubum 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: a. The property owner/developer 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 b.' The City should pre -zone thesubject property and the property owner/developer shall agree to comply with appropriate City Resolution No. 3699 February 25, 2404 Page 1 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 Comprehensive Plan designation consistent with Comprehensive Plan policy CE -1 0 concurrent with annexation; and C. The property owner/developer 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 comp-letion (e.g. sewer and water lines and appurtenances) shall be built strictly according to City standards and specifications. WHEREAS, the City of Auburn City council Planning and community Development committee held a public hearing on February 23, 2004. and recommended approval of the application, in accordance with its Findings and conclusions as follows: FINDINGS of FACT 1. Proposal. Mr. Swanson proposes to rezone two parcels from R-24 to "Community Business" in King County, with subsequent use as a commercial center. 2. Auburn Comprehensive Plan and Pre -Zoning. The -property is designated "High Density Residential" on the City of Auburn Comprehensive Plan Map. However, the parcel is fairly small and narrow, is located at the intersection of two major arterial streets, and surrounded with built-up multifamily developments; access to the site is also limited. King county comprehensive Plan designation for the site is "Community Business center" and the zoning on the site is R-24 (24 dwelling units per acre). Should the County approve the rezone of the property the zoning would then be inconsistent with the City's comprehensive Land Use Map upon annexation and the development (if retail) would become non -conforming. 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. Traffic impacts can be addressed. The City's traffic -division has made several comments regarding access to the site, especially with the location of the proposed Resolution No. 3 699 February 25, 2004 Page 2 6. driveway on 124th and its proximity to the intersection. The City's recommendation is that the driveway on 124th, if provided, will be right -in, right -out only and 124th should be channelized to prevent left -turns into the site. In addition, the City recommends that SE 312th Street should be reconstructed to extend the existing center two-way left turn lane to provide refuge for traffic exiting and entering the revised site driveway on SE 312th Street SE. The City understands that it is not the Applicant's desire at this time to construct that two-way turn lane. Nevertheless the recommendation would preserve arterial capacity on 312th and enhance safety, and should be considered by King County when and if it imposes street improvement requirements. The majority of the proposal is consistent with City development standards. No modification to City development standards was requested for the proposal by the applicant. The proposal is consistent or has been revised to be consistent with city development standards. Specific development requirements for service provision can be addressed at the time of Facility Extension permits. The proposal is consistent with the City Comprehensive Plan. This rezone is not consistent with the City Comprehensive Plan designation for the Lea Hill area. However, zoning and comprehensive authority for the area is under the purview of King County. In addition, 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. 7. 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. 8. The case fife and its contents for WSC03-0016 are incorporated by reference into this staff re p o rt. 9. Request for modification of city standards. No requests for modification to City standards were made. 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 availability certificate identified in ACC 14.18.070(A). RECOMMENDATION Resolution No. 3 699 February 25, 2004 Page 3 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: 1. Water is available in the rights-of-way abutting the property; there is a 12" water main within 50 +1- feet of the site in the 3,1 2th Street ROW. There is an H" water main located in the 124th Ave. ROW. On-site improvements to the water system may need to be made in order to reach the required 2 -hour fire flow of 2500 gpm (04 psi) for commercial uses. 26 Sewer (H" mains) is also available ' in the rights-of-way abutting the property within 30 +1- linear feet; sewer provision will require the appropriate hook-up permits, along with associated connection fees and payback charges/assessments toward previous extensions. These charges and permits would be determined at the time of utility provision. 3. No additional system development requirements are anticipated at this time based upon the information submitted. 4. The driveway on '124th, if required by the County, shall be right -in, right -out only. 5. On-site queuing area must be sufficient so that cars do not infringe upon the right-of-way. 5. Half -street improvements for a minor arterial will be required for both abutting rights-of-way. These improvements must be constructed to "match" the improvements to both the north and the west of the subject properties. 7. Any impact fees calculated and paid to King County for either transportation or park impacts shall be reported to the city of Auburn. All other applicable city development standards shall be complied with. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and City clerk are authorized to negotiate and execute a development agreement between the City and Geoff Swanson and Lea Hill Properties, LLC, for a development at Northwest corner of SE 312 th Street and 124 th Ave SE on Lea Hill and for water and sewer availability certificate for 2 -lot rezone in King County, enabling the issuance of a water/sewer availability certificate to the -------------------- Resolution No. 3639 February 25, 2044 Page 4 applicant subject to certain conditions in conformity with the Findings, Conclusions and Recommendation set forth above and adopted hereby. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 200 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORI'T-t� �i W7P� 6 �.e City Attorney ---------- mm--- ---------- mm—w Resolution No. 3 699 February 25, 2004 Page 5