Chapter 14.18
WATER AND SEWER AVAILABILITY CERTIFICATES
Sections:
14.18.002 Purpose.
14.18.004 Property adjacent to city limits.
14.18.006 Definitions.
14.18.010 Preapplication conference.
14.18.020 Application, submittal and contents.
14.18.030 Public hearing.
14.18.040 Administrative review.
14.18.050 Planning and development committee.
14.18.060 City council review.
14.18.070 Findings of fact.
14.18.074 Conditions of approval.
14.18.080 Notice of decision to applicant.
14.18.090 Adjustments of an approved development agreement.
14.18.094 Compliance with this chapter and the terms of a development agreement.
14.18.100 Time limitations.
14.18.002 Purpose.
The purpose of this chapter is to ensure that all development that occurs in unincorporated areas, that receives either water or sanitary sewer from the city of Auburn, is consistent with the development standards of the city of Auburn. In so doing the property at the time of annexation will be consistent with city development standards making it is less likely that the city will have to expend public funds to address a substandard development after annexation. An additional purpose is to ensure the property is obligated to annex to the city at the appropriate time as determined by the city. (Ord. 5306 § 1, 1999.)
14.18.004 Property adjacent to city limits.
If the property that is requesting water and/or sanitary sewer service is adjacent to the Auburn city limits, the subject property shall be annexed to the city prior to receiving water and/or sanitary sewer from the city. If it is determined by the city of Auburn that it would not be practical to immediately annex subject property due to constraints in providing adequate city services or for other reasons that would make the annexation impractical, at the present time, then a development agreement is required pursuant to this chapter. (Ord. 5306 § 1, 1999.)
14.18.006 Definitions.
A. “Development” means any construction to include excavation, filling, grading, paving, new construction or expansion of a building, structure or use or any change in the use of a building or structure, or any change in the use of land.
B. “Development agreement” means an agreement between the city of Auburn and the property owner(s)/developer(s) of land located outside the incorporated boundaries of the city of Auburn. The development agreement shall be in a form as prepared by the city attorney and shall contain provisions requiring the property owner(s)/developer(s) to conform to all applicable city development standards. The development agreement shall also provide to the city of Auburn a nonrevocable power of attorney that authorizes the city of Auburn to include the subject property in an annexation at any time.
C. “Development standards” mean standards or comprehensive plan policies adopted by the city of Auburn that regulate development of property and include but are not limited to those related to zoning, subdivision, shorelines, utilities, streets, parks, land use, or sensitive areas. (Ord. 5306 § 1, 1999.)
14.18.010 Preapplication conference.
Persons considering making application for water and/or sewer availability certificates other than for individual single-family homes are encouraged to request that a preapplication conference be held with appropriate city staff. Such request shall be directed to the planning director, and upon its receipt the director shall schedule a conference between the prospective applicant and appropriate city staff. The purpose of a preapplication conference is for the prospective applicant and city staff to gain a common understanding of the proposed development, and any procedures, rules, standards and policies which may apply. The prospective applicant is encouraged to bring to the conference whatever information deemed appropriate to help describe the existing nature of the site and its surroundings and the proposed nature of the contemplated and subsequent development. Such information may include photographs, sketches, and maps. The director or the prospective applicant may request that an additional conference or conferences be held to further the purpose of this section. (Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
14.18.020 Application, submittal and contents.
Application for water and/or sewer availability certificates shall be submitted to the department of planning and development, shall be accompanied by applicable fees as established by ordinance and shall include the following:
A. A completed application form, blank copies of which are available from the department;
B. Legal description of the property. Description must be described with a “metes and bounds” legal description, unless the property is part of a recorded subdivision. Along with the legal description, the parcel number (tax I.D. number) must also be provided;
C. Site Plan.
1. Seven copies of the site plan or plat map including the following information:
a. Vicinity map;
b. Boundaries and dimensions of property;
c. Adjacent public and private streets;
d. Easements, existing and proposed;
e. Location of all fire hydrants;
f. Location of building, including setbacks;
g. Topography of site and surrounding area.
2. If application is for development other than an individual single-family home, the following additional information is necessary:
a. Boundaries and dimensions of any existing or proposed lots;
b. Proposed public and private streets with a typical cross-section and the proposed grade of the street;
c. Location and size of all existing and proposed utilities;
d. Location and layout of off-street parking;
e. Any additional information required by the planning director that may be needed to determine if the project is consistent with city development standards.
D. If, for some reason, the development cannot meet city development standards the property owner(s)/developer(s) may request a modification to the development standard as it applies to the particular development. The property owner(s)/developer(s) shall submit a letter to the city planning director requesting said modification that describes the particular circumstance and the development standard that cannot be met together with an explanation of why it cannot be met. The request for modification shall be considered as part of the public hearing required by ACC 14.18.030 and cannot be granted unless it is consistent with the findings of fact as outlined in ACC 14.18.070(B);
E. Filing Fees.
1. Individual single-family home: none;
2. All others: $250.00. (Ord. 6287 § 2, 2010; Ord. 5306 § 1, 1999; Ord. 5147 § 1, 1998; Ord. 4872 § 1, 1996.)
14.18.030 Public hearing.
A. Upon determination of a complete application for development, other than an individual single-family home, the director shall tentatively set a date for a public hearing to be held before the planning and development committee. Every hearing held for the purposes of this chapter shall be open to the public, and a record of the hearing shall be kept and made available for public inspection.
B. Any notice of public hearing required by this section shall include the hour, date and location of the hearing and a description of the property. The description may be in the form of either a vicinity location sketch or a written description other than a legal description.
C. The planning director shall cause notice of the hearing to be given in the following manner:
1. Notice shall be published not less than 10 days prior to the hearing in a newspaper of general circulation within the county where the real property is located;
2. Requiring the subject property posted in accordance with the applicable requirements of Chapter 1.27 ACC. (Ord. 6287 § 2, 2010; Ord. 5811 § 3, 2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
14.18.040 Administrative review.
The director shall forward to appropriate city departments and divisions one copy of the application for water and/or sewer availability, together with copies of any appropriate accompanying documents. The city departments and divisions shall review the proposal as to the availability of water and sewer, the conformance of the proposal to any plans, city policies or regulations pertaining to streets, utilities; and any other issues related to the interests and responsibilities of the department or division. The application will then be processed in the following manner:
A. Individual Single-Family Home. If upon review by city departments and divisions, it is found that the single-family home meets all relevant city development standards, a development agreement shall be prepared and signed by the city and the applicant(s). The development agreement must be recorded by the county assessor’s office and returned to the city prior to the issuance of the water and/or sanitary sewer availability certificates. If it is found that, for any reason, the individual single-family home cannot meet city development standards, the application shall be processed as an “other development” as described below.
B. All Other Developments. If upon completion of review by city departments and divisions it is found that the development meets or is capable of meeting all relevant city development standards, a development agreement will be drafted. If there are modifications to development standards those modifications shall be reflected in the agreement. The agreement will then be forwarded to the planning and development committee for a public hearing as outlined in ACC 14.18.030 and 14.18.050. (Ord. 6287 § 2, 2010; Ord. 5306 § 1, 1999; Ord. 5170 § 1, 1998; Ord. 4872 § 1, 1996.)
14.18.050 Planning and development committee.
The planning and development committee, following the closure of the public hearing, shall recommend to the city council that the city sign a development agreement with the applicant or to not sign a development agreement with the applicant. The planning and development committee shall not recommend approval of the development agreement unless it finds the proposal is in conformance with the findings of fact as outlined in ACC 14.18.070(A). (Ord. 6287 § 2, 2010; Ord. 4872 § 1, 1996.)
14.18.060 City council review.
A. Upon receipt of the planning and development committee’s recommendation, the city council shall, at its next public meeting, approve, remand the recommendation to the committee or schedule a closed record hearing. Any aggrieved person may request the council to conduct its own closed record hearing. The council can only amend or reject the committee’s recommendation.
B. If the council holds its own closed record hearing on a proposed development agreement, the council shall consider the findings, conclusions and recommendations of the planning and development committee public hearing. After conducting its own closed record hearing the council may approve, approve with conditions, reject or return the application to the applicant for corrections or modifications.
C. When the council makes its decision on the development agreement, it shall pass a resolution prepared by the city attorney. A resolution prepared under this subsection shall include formal findings of fact and conclusions supporting the decision. If the development meets all city development standards, the findings shall affirm that the development conforms with all applicable city development standards. If the development agreement allows modifications from some city standards, the modifications shall be specified in the resolution. (Ord. 6287 § 2, 2010; Ord. 5785 § 1, 2003; Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
14.18.070 Findings of fact.
A. The development agreement shall be recommended for signing only if findings of fact are drawn to support the following:
1. The development is consistent with city development standards; and
2. The development is consistent with the city comprehensive plan; and
3. The property cannot be annexed immediately.
B. Modifications to city development standards may be granted only if findings of fact are drawn to support the following:
1. That special circumstances related to the size, shape, topography, location or surroundings of the subject property do not provide the owner with the development rights and privileges permitted to other similar properties in the vicinity and in the zoning district in which the subject property is located; or
2. That, because of the special circumstances, the development of the property in strict conformity with city standards will not allow a reasonable and harmonious use of the property; or
3. When applying city standards will result in a distinct “discontinuity” with adjacent development which was previously approved or constructed to county standards; or
4. When applying city standards puts the developer in a position where the county will not allow that development to take place. (Ord. 5170 § 1, 1998; Ord. 4872 § 1, 1996.)
14.18.074 Conditions of approval.
In order to ensure compliance with the terms of this chapter conditions of approval may be required as part of the development agreement. (Ord. 5306 § 1, 1999.)
14.18.080 Notice of decision to applicant.
A. Following passage of a resolution approving or rejecting a development agreement, the director shall notify the applicant of the decision. The notice shall be accompanied by a copy of the passed resolution. If the resolution is to approve the development agreement, the notice shall advise the applicant that the development agreement must be signed by the applicant and recorded by the county assessor’s office. The development agreement must be returned to the city prior to the issuance of the water and/or sewer availability certificates.
B. The development agreement must be approved by the city prior to any application, plans or other submittals that are submitted to the county. Any such submittal shall be consistent with the requirements of the development agreement. (Ord. 5785 § 2, 2003; Ord. 5306 § 1, 1999; Ord. 5170 § 1, 1998; Ord. 4872 § 1, 1996.)
14.18.090 Adjustments of an approved development agreement.
A. Minor Adjustments. Minor adjustments may be made and approved by the planning director. Minor adjustments are those which do not violate the terms of the development agreement.
B. Major Adjustments. Major adjustments are those which, when determined by the planning director, violate the terms of the development agreement. When the planning director determines a change constitutes a major adjustment, an amendment to the development agreement is required and the process is the same as a new application. (Ord. 5306 § 1, 1999; Ord. 4872 § 1, 1996.)
14.18.094 Compliance with this chapter and the terms of a development agreement.
The city of Auburn reserves the right to withhold or terminate water and/or sanitary service to a development that does not comply with the terms of its development agreement and/or the provisions of this chapter. (Ord. 5306 § 1, 1999.)
14.18.100 Time limitations.
A. A development agreement shall run with the title of the property.
B. Water and sewer availability certificates expire in one year, but are renewable. It is not necessary to sign a new development agreement provided all of the terms of the original agreement can still be met. (Ord. 4872 § 1, 1996.)