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HomeMy WebLinkAboutRC 20001013000493 • • 111111111111111111 10011111 11 WHEN HECORDED RETURN TO: 20001013000493 Office of the city Clerk F-Wton City Hall CITY OF RENTON AG 14.00 PAGE 001 OF 007 10555 South Grady Way 10/13/2000 10:13 Renton,WA 98055 KING COUNTY, WA DEVELOPMENT AGREEMENT PARTIES This Development Agreement (this "Agreement") is made and entered into this 15th day of September, 2000 by and between the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and LIBERTY RIDGE L.L.C., a Washington limited liability company, the owner of the parcel of property within the area covered by this Agreement ("Owner"). RECITALS crr WHEREAS, on December 13, 1999 LA PIANTA LIMITED PARTNERSHIP, a Washington limited partnership, (the then-owner of the following described property) made application to the City of Renton for a Comprehensive Plan Land Use Map amendment and Zoning Map amendment of the property that is now legally described as follows (the "Property"): cY LOT 3 OF CITY OF RENTON BOUNDARY LINE ADJUSTMENT NO. LUA- • 00-020-LLA AS PER PLAT RECORDED IN THE REAL PROPERTY RECORDS OF KING COUNTY, WASHINGTON UNDER RECORDING NUMBER 2000041900001; WHEREAS, the City has assigned City File Nos. LUA 99-179, ECF,R,CPA (00M4) to that application; and WHEREAS, on or about May y 1, 2000, LA PIANTA LLC, a Washington limited liability company, successor-in-interest to La Pianta Limited Partnership, conveyed the Property by deed to Owner; and WHEREAS, the Owner seeks to have the Property rezoned from RM-I and R-10 to CC; DEVELOPMENT AGREEMENT--Page 1 • EAS, Owwilling to have the requzoning be grantsubject to a developmentWHERagreementthe thatner would embody the site-specific ested restrictions that are ed set forth in Section 3, below. WHEREAS, the Planning Commission held a public hearing concerning the proposed Comprehensive Plan Map Amendment and Zoning Map Amendment and the planned development agreement on May 3, 2000; and WHEREAS, the City Council adopted a Planning and Development Committee report on August 7, 2000; WHEREAS, the City Council has taken into account the public comments presented at the Planning Commission public hearing; and WHEREAS, this Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and WHEREAS, this Agreement appears to be in the best interests of the citizens of the City of Renton, Washington; NOW, THEREFORE, the parties do agree as follows: SECTION 1. AUTHORITY ce7 Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real cra property are authorized to enter into a development agreement setting forth development standards and any other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of such development agreement. V.— SECTION 2. SUBJECT PROPERTY ,-, A. Illustrative Map: The Property is graphically represented in the drawing attached } hereto as Exhibit A. B. King County Property Identification Number: 172305-9171-03 SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATION AND ZONING SUBJECT TO SITE SPECIFIC RESTRICTIONS: A. Site-Specific Restrictions. The parties hereby agree that the following site-specific conditions (the "Site-Specific Restrictions") shall apply to the Property in conjunction with the Comprehensive Plan Land Use Map Designation described in Subsection B, below, and in conjunction with the zoning classification described in Subsection C, DEVELOPMENT AGREEMENT--Page 2 below: (1) Permitted uses are hereby limited to the following use categories specified in Renton Municipal Code Title IV Section 4-2-0701, Convenience Commercial: Residential, Retail Sales, Office/Meeting Space, Services, and Commercial Accessory Uses; (2) Access to the site is hereby limited to Edmonds Ave. NE; and (3) Required parking for Convenience Commercial use of the Property shall be located on the Property. B. Comprehensive Plan Map Designation: The parties agree that, subject to the Site- Specific Restrictions listed in Subsection A above, the Property shall have a Convenience Commercial (CC) Land Use Map designation. C. Zoning: The parties further agree that, subject to the Site-Specific Restrictions listed in Subsection A above, the Property shall have a Convenience Commercial (CC) Zoning classification. SECTION 4. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, this Agreement is enforceable during its term by a party to this Agreement; provided, however, only the City may enforce the Site-Specific Restrictions. Development of the Property shall not be subject to a new zoning ordinance or an amendment to a zoning ordinance or to a development regulation or standard adopted by the City after the _�. effective date of this Agreement unless (a) otherwise provided in this Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance CD or an amendment to a zoning ordinance or development regulation or standard shall apply or (c) in the case of a new or amended development regulation the regulation is one that the City was required to adopt or amend because of requirements of state or federal law. Any development Q: permit or approval issued by the City for the Property during this Development Agreement's term must be consistent with this Agreement. c-44, SECTION 5. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4) the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. SECTION 6. RECORDING Pursuant to RCW 36.70B.190, this Agreement shall be recorded with the real property records of King County. During the term of the Agreement, the Agreement is binding on the parties and their successors. DEVELOPMENT AGREEMENT--Page 3 SECTION 7. TERM This Agreement shall run with the Property until amended or rescinded by the City Council in accordance with Section 8, below. With respect to any portion(s) of the Property that are not developed, the parties to this Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic review of the Agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. SECTION 8. AMENDMENT The provisions of this Agreement, before the expiration of ten (10) years from the date of execution of this Agreement by all of the parties, may only be amended with the mutual written consent of the parties; provided, however, that the owner(s) of portion(s) of the Property shall be entitled to amend this Agreement from time-to-time (with the consent of the City) as it relates to their particular portion(s) of the Property. After ten (10) years, the City may change the zoning and development regulations pertinent to the Property as part of its normal process of alteration to its Comprehensive Plan, Zoning and Development Regulations. SECTION 9. OTHER DEVELOPMENT AGREEMENT INAPPLICABLE TO THE SUBJECT PROPERTY That certain Development Agreement dated November 18, 1999 and recorded under King County Recording No. 19991213000395 shall henceforth be deemed amended so at to (yr have no further effect upon the Property that is the subject of this Agreement. cry DATED this 15th day of September, 2000. CITY OF RENTON `P. RF410/ 4. B : fie Q y �. Jess ''anner, Mayor 17*. SttA C5' ti 7c6 Attest: if � >i ,n/ Marilyn J. et-4en City Clerk 9 ` ' \t/tyl/glflilillil11100\\\` Approve s to Form: Lawrence J. Warren, City Attorney DEVELOPMENT AGREEMENT--Page 4 • • LIBERTY RIDGE L.L.C., a Washington Limited Liability Company By: , -771,11 Donald J. MFino, Manager Date 9•/8• D� STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that on the 2-' day 2000 JESSE TANNER appeared before me and acknowledged that he signed t e instrument, on oath stated that he was ".-% authorized to execute the instrument and acknowledged it as the Mayor of the City of Renton, the Washington municipal corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the ' uses and purposes therein mentioned, and on oath stated that he was authorized to execute such 071, instrument, and that the seal affixed, if any, is the corporate seal of said City. 0 Dated: .,,a-p7 9--o o o ,_,Sluz.an A D. Le. AN-locu-i2 --- D. L04? 'I, G-NJr . N e (print) '�, Sin re ) ' 0 rP S e e a rk Tie aQ © / r i t DF�i,t Ae r My Appointment Expires DEVELOPMENT AGREEMENT--Page 5 1 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that DONALD J. MERLIN() is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a manager of LIBERTY RIDGE L.L.C., a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. Dated: 9 --- /8 -p 1 t 'k ' c`.1e/Ii rr . ( a.tdv rei is : ( ! o Na (prin ) ig ture ild / s 'te , 47' ve . .11 Iwc 4 . ., � 74C-1- q1011 tix:4o''lD ' A1�1 JI.4 '-}�e. �o�ft; ^,:'..—�-. Title I ra1°Z6.0,"? ., eiV4,. My Appointment Expires i m.• crk c_, cam, c::, D:\CF\2418\001\Development AgreementtCC Zone Site\Aguit.F1.wpd C- c".4 DEVELOPMENT AGREEMENT--Page 6 •-0: • • X25\- TRIAD ASSOCIATES 11814 115th Ave.NE ���' • T 1 425.B2TA 95034-8923 ',©� Z — . . —k......z/VT".."- .1.7.1, TollPm800.488.0758 f • Pu 425.821.3481 1,111 Z — — —— mn.triadassoc.com ► • m Q O 0 Q 2 J Z U (1) Q o '' dP v . 1— Nf0 s 02 0000, • OJ :S. U1 1, OF ,00.09 CC Q ca it o U LuCC U.1 MNE . . _ . . - . 7 ` ` ....., „ vL 0 �` N a � 113 LOT 7O _ OT 3 Lij w O U v 1V _ U U �w 14ANACER: DON HILL W SURVEYOR:BRAD FREEMAN0 ENGIRD: 3 LANDSCAPE ARCH: 0 DATE: 8/18/00 SCALE: HORIZ.: m N CADD: VB VERT.: o ]OB NUMBER 00-022 S SHEET NUMBER co ©2000 TRIAD ASSOCIATES , 1 OF 1 co C67000E 101 000Z .^l ` k 4l,