HomeMy WebLinkAboutITEM VII-A
AGENDA BILL APPROVAL FORM
Agenda Subject WSC03-0018 Date: March 9, 2004
Department:PlanningAttachments:wBudget Impact:
ater and sewer certificate
application including site planand Feb. 10, 2004
letter requesting a modification to standards;
public hearingposting notice.
Administrative Recommendation
City Council, based upon findings of fact and conclusions outlinedbelow, approve the development
agreement subject to conditions that will enable the issuance of water and sewer availability certificate to
the applicant
.
(Ordinance No. 5385 is foundelsewhere on the agenda).
:
Background Summary
OWNER: RandyGoodwin
APPLICANT:Baima & Holmberg
(th
LOCATION: 12226 SE 316th StreetGenerally west of 124 Avenue SE and on the north side of SE
th
316 Street (Parcel Number 0921059105))
REQUEST:Water and sewer availability certificate forproposed 25 lot preliminary plat in King County.
BACKGROUND
The proposalis for water and sewer service to servea proposed 25 lot preliminary plat on 3.87 acres.
The property is zonedR12in King County.
The project is located within the City’s Potential Annexation Area and requiresCity water and sewer. It is
therefore subject to the requirements of City of Auburn Comprehensive Plan: City Expansion and
Annexation (Chapter 13)Policy CE-3. Policy CE-3 states:
“TheCity of Auburn shall require...as a condition of extendingsewer 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 annexationto 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 conditionsshall apply:
Reviewedby Council & Committees:Reviewed byDepartments & Divisions:
Arts CommissionCOUNCIL COMMITTEES:BuildingM&O
AirportFinanceCemeteryMayor
Hearing ExaminerMunicipal Serv.FinanceParks
Human ServicesPlanning & CD FirePlanning
Park BoardPublic WorksLegalPolice
Planning Comm.OtherPublic Works Human Resources
Action:
Committee Approval:YesNo
Council Approval: YesNoCall for Public Hearing ___/___/____
Referred to _________________________________ Until ____/___/____
Tabled ______________________________________ Until ___/___/____
Councilmember: Singer Staff: Krauss
Meeting Date: March 15, 2004Item Number: VII.A
Agenda SubjectDate:
March 9, 2004
a.The property owner/developershall demonstrate to the City's satisfaction that adequate
urban governmentalservices (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 medicalservices, public schools and public transit
services)will be provided to the development; and
b.TheCity should pre-zone the subjectproperty and the property owner/developer shall
agree to comply with appropriateCitypolicies, subdivision and zoning requirements
where suchrequirements are not supersededby applicableCounty requirements(in the
eventof significant conflict between City and County requirements, the City may choose
to not extend utility service)…; and
c.The property owner/developershall agree to comply with appropriate City development
standards and public facility specificationswheresuch requirements are not superseded
by applicable County requirements(in the eventof significant conflict betweenCity 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...
FINDINGS OF FACT
1. Proposal.
The applicant proposes to subdivide 3.87acres into 25lots on property zoned
R-12 in King County.
2.The propertycannot be annexed immediately
.The property is not adjacent to existing
City limits, and thereareseveral intervening parcels. The property cannot thereforebe
annexed immediately and Auburn’s provisionof water and sewerservice 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.
4.The proposal is consistent withthe Auburn Comprehensive Plan.
The property is
designated “ModerateDensity Residential” on the City of Auburn Comprehensive Plan
Map and is identified for proposedR3 (DuplexResidential)zoning in the Lea Hill Plan.
However, ultimately zoning authority for the area is under the purview of King County.
5. ConsistencywithCityPolicy
In accordance with City policy for annexation and
expansion of city services,theproponent 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 applicantshallcomplywith City public facility standards.
6. ConsistencywithCityDevelopmentStandards.
The proposal, if conditioned, is
consistent with City developmentstandards,althougha modification to City standards for
has beenrequested to allow a sidewalk to abut a curb with no planterstrip (see Finding
#7 below).
7.Modification to City Standards.
The applicant has requesteda 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 planterstrip on that side(east) of thestreet. The
applicantnotes thatwhenthe property to thewest of Vintage Hills develops, the westhalf
of Road “A”will be constructedwith the planterstrip in the right-of-way. The applicant
indicates that this isnecessary to achieve the necessary lot configurations to develop
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Agenda SubjectDate:
March 9, 2004
single-familyhomes in a King County zoning district that would otherwise permit multi-
family residential development. The applicant notes that a similar approach has been
applied in this immediate area in other developments.
Upon review, the Public WorksDepartmentrecommends that the modificationbe
approvedwith the condition that RoadA consistof a 30 foot wide right-of-way to include
24 feet widepavement, a 6” verticalcurb on the west side, and a 6” verticalcurb and a
five (5) foot wide sidewalk on the east side. Also a five-foot wide landscapingeasement
on privateproperty is to be provided east of theright of way/backof sidewalk on the east
side of the street.
8.
The case file and its contents for WSC03-0018are incorporated by reference into this
staff report.
CONCLUSIONS
1.The findingsof 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
Basedon 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 whichwillenable 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-inch(8”) minimumwater line from its
thth
current 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 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.
2.Installation of sewer will require construction of aneight-inch(8”) gravity sewer main to
serve all lots. The sewermainshall extend to and through thepropertywith an exact
location and any appropriate easements to be determined during the permitting process.
Traffic, Streets
3.Requirement: For Road A, the dedicated right-of-wayshall be 30 feet wide to includea 24
foot wide pavement, a ½ foot of vertical curb on the west side, and a ½ 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 rightofway, a five foot landscapeeasement is
required to be provided east of the ROW/back of sidewalk on the east side.
4.Requirement regardingdriveways: The driveway for proposed Lot 22 shall access Tract
D. The driveway for Lot 1 shall access via SE 314th and shallbe located at the extreme
west end of Lot 1. The driveway for Lot9 shall access via SE 315th PL. and shall be
located at the extreme east end of Lot 9.
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Agenda SubjectDate:
March 9, 2004
Other
5.Fire hydrants shall be provided per AuburnCity Code. Fire hydrants shall be installed per
Auburn City Standards at (ACC13.16.060).
6.Any impact fees paid to King County shall be reportedto the City of Auburn.
The Planning and Community Development Committee held a public hearing on March 8, 2004.
The only testimony received was from the applicant.
PCDC\WSC03-18
L0315-1
A3.13.8 WSC03-0018
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DEVELOPMENT AGREEMENT
(PETITION FOR ANNEXATION, ANNEXATION AGREEMENT AND DECLARATION OF COVENANT)
Return Address City of Auburn
Planning Dept. 25 West Main Street
Auburn, WA 98001
WSC03-0018
Parcel Number(s)092105-9114 / 092105-9115 / 092105-9134 / 092105-9136
092105-9154
Additional legal on page 12
The Agreement executed herein between the City of Auburn,
Washington, a municipal corporation, hereinafter referred to as "CITY" and
and the heirs, assigns, and/or successors in interest of certain
Randy Goodwin
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:
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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
to the PROPERTY, which the owner understands and agrees may be
services
limited by issues including the Endangered Species Act (ESA) and other
governmental agencies.
1.4.This Agreement to extend outside the
water and sewer services
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 Boundary Review Board, and said Board requires
King County
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
to the PROPERTY would be proper upon the fulfilling of all
sewer services
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.PROPERTYDESCRIPTION
The PROPERTY is hereby described as follows: 12226 SE 316 Street
th
ThePROPERTYis legally described in Attachment A, attached hereto and represented
byreferenceasifsetforthin 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 PROPERTYof 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 be
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.
3.3.1The 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 understands the certain rights which
the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving
such rights in consideration of receiving the described 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 indebtedness of the CITY which was contracted prior to,
or existing at, the date of annexation.
3.6The undersigned OWNER of the PROPERTY, on behalf of
himself/herself/themselves, his/her/theirheirs, 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 said 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 valuable 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.
3.7The 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
utility services to the PROPERTY, and in recognition of the CITY's
water and sewer
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 315 Place to
th
connect to the 8” main in SE 316 Street. The water line must serve all lots and
th
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. Thesewer main shall extend to and through
the property with an exact locationand 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 ½ foot of vertical curb on the west
side, and a ½ 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.
4.5Fire 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 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 CITYplans 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 Washington. The applicable laws, rules,
King County,
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 indemnifyand 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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5.7.1The OWNER warrants that the OWNER will undertake, and be
responsible for, all notifications, includingrecording, 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
Auditor's office. The OWNER shall be responsible for recording and shall
County
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, 2004.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
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ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this day of, 2004, before me,
the undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared to me known as
PETER B. LEWIS and DANIELLE DASKAM,
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 isauthorized 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.
NAME
NOTARY PUBLIC in and for the State of
Washington,residingat
MYCOMMISSIONEXPIRES:
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OWNER:
Randy Goodwin
BY REPRESENTATIVE:
Shupe Holmberg / Baima & Holmberg, Inc.
Agent
STATE OF WASHINGTON)
)ss
COUNTY OF KING )
On this day of, 2004, before me,
the undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared the for the
Shupe Holmberg,AgentRandy Goodwin,
that executed the within and foregoing instrument, and acknowledged the
OWNER
said instrument to be the free and voluntary act and deed of said for the uses
OWNER,
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.
(PrintedName)
NOTARY PUBLIC in and for the State of Washington,
residingat
MYCOMMISSIONEXPIRES:
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ATTACHMENT A
LEGAL DESCRIPTION:
PARCEL NUMBER(S) 092105-9114 / 092105-9115 / 092105-9134 / 092105-9136
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.
...............................................................................................................................................
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