HomeMy WebLinkAbout03-01-2004 ITEM VIII-B-9� :...�
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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�
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W7P� 6 �.e
City Attorney
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Resolution No. 3 699
February 25, 2004
Page 5