HomeMy WebLinkAboutA 20070307000134V T
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Return Address:
City Clerk's Office 0 0 01 11
City of Renton
RS. Grady Way
nt n, Washington 98055 20070307000134
CITY OF RENTON AG 45.00
PAGE001 OF 014
03/07/2007 09:22
KING COUNTY, WA
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Document Title(s) (or transactions contained therein):(all areas applicable to your document must be filled in)
1. DEVELOPMENT AGREEMENT
Reference Number(s) of Related Documents: N/A
Grantor(s) (Last name, first name, initials)
1.AQUA BARN RANCH,INC.,a Washington corporation
2.
Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1.CITY OF RENTON,a municipal corporation of the State of Washington
Additional names on page of document.
Legal description (abbreviated: i.e. lot,block, plat or section, township,range)
LOTS 3 AND 4 OF KING COUNTY SHORT PLAT NUMBER L99S3019(AFN 20010831900002)
Additional legals are on Page 1 of document.
Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet assigned
2323059210 and 2323059211
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document
to verify the accuracy or completeness of the indexing information provided herein.
t l 1
DEVELOPMENT AGREEMENT
PARTIES
li This Development Agreement (this "Agreement") is made and entered into effective this
1St day of December, 2006 by and between the CITY OF RENTON ("City"), a municipal
corporation of the State of Washington, and AQUA BARN RANCH, INC., a Washington
corporation, the owner of the parcel of property within the area covered by this Agreement
("Owner").
RECITALS
WHEREAS, the City has initiated processing a Comprehensive Plan Land Use Map
amendment and Zoning Map amendment of the property that is now legally described as
follows (the"Property"):
LOTS 3 AND 4 OF KING COUNTY SHORT PLAT NUMBER L99S3019,
ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING
NUMBER 20010831900002, RECORDS OF KING COUNTY,
WASHINGTON.
WHEREAS,the Property currently lies in unincorporated King County; and
WHEREAS, the Property's King County Comprehensive Plan Land Use Map
designation is Neighborhood Business Center; and
WHEREAS, the Property's King County Zoning Map classification is Neighborhood
Business(NB); and
WHEREAS, the City has previously recognized the Property's King County
Comprehensive Plan Land Use Map designation and Zoning Map classification; and
WHEREAS, the Owner and the City both wish to have the Property (a) designated
DEVELOPMENT AGREEMENT--Page 1
Corridor Commercial (CC) on the City's Comprehensive Plan Land Use Map and (b) zoned
Arterial Commercial (CA) on the City's Zoning Map, subject to this Agreement; and
WHEREAS, on September 20, 2006, the Planning Commission held a public hearing
concerning the proposed Comprehensive Plan Land Use Map Amendment and Zoning Map
Amendment; and
WHEREAS, on November 13, 2006, the City Council held a public hearing concerning
this then-proposed development agreement;
• WHEREAS, the City Council has taken into account the public comments presented at
the Planning Commission public hearing and at the Council's public hearing; and
WHEREAS, on November 27, 2006, the City Council adopted a Planning and
Development Committee report concerning the proposed Comprehensive Plan Land Use Map
Amendment and Zoning Map Amendment and this then-planned development agreement;
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
Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real
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.
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 Numbers: 2323059210 and 2323059211
SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATION AND ZONING
SUBJECT TO SITE SPECIFIC LIMITATIONS ON ALLOWABLE
LAND USES:
DEVELOPMENT AGREEMENT--Page 2
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A. Site-Specific Land Use Limitations. The parties hereby agree that, in conjunction with
both (1) the Comprehensive Plan Land Use Map Designation described in Subsection B,
below, and (2) the Zoning Map classification described in Subsection C, below, the
following site-specific land use limitations (the "Site-Specific Land Use Limitations")
shall apply:
1. The following particular uses ordinarily allowed in the CA zone as set forth in
Renton Municipal Code Title IV Section 4-2-070K shall be inapplicable to the
Property:
(a) The "Natural resource extraction/recovery" use listed under the
"AGRICULTURAL AND NATURAL RESOURCES" use
category;
(b) The "Kennels, hobby" use listed under the "ANIMALS AND
RELATED USES"use category;
(c) The "Group Homes I" and "Group Homes II for 7 or more" uses
listed under the "OTHER RESIDENTIAL, LODGING AND
HOME OCCUPATIONS" use category;
(d) The "Other higher education institution" use listed under the
"SCHOOLS"use category;
(e) The "Adult retail use", "Big-box retail", "Horticultural nurseries",
"Retail sales, outdoor", "Vehicle sales, large" and "Vehicle sales,
small"uses listed under the"RETAIL" uses category;
(f) The "Adult entertainment business", "card rooms", "Dance clubs",
"Dance halls", "Not for profit gambling", "Sports arena, indoor",
"Sports arena, outdoor" and "Recreation facilities, outdoor" uses
listed under the "ENTERTAINMENT AND RECREATION" use
category;
(g) The "Hotel", "Motel", "Off-site services", "Convalescent centers"
and "Medical institutions" uses listed under the "SERVICES" use
category;
(h) "Body shops", "Express transportation services", "Parking garage,
structured, commercial or public", "Parking, surface, commercial
or public", "Park and ride, dedicated" and "Transit centers" uses
listed under the "VEHICLE RELATED ACTIVITIES" uses
category;
DEVELOPMENT AGREEMENT--Page 3
(i) "Outdoor storage" and "Self-service storage" uses listed under the
"STORAGE"uses category; and
(j) All uses listed under the "INDUSTRIAL"uses category.
2. The following particular uses ordinarily allowed in the CA zone as set forth in
Renton Municipal Code Title IV Section 4-2-070K shall be allowed on the
Property but with the following corresponding special restrictions:
(a) "Drive-in/drive-through, retail"uses provided that:
(i) Not more than four (4) such uses shall be allowed on the
Property (and, if a gas station and/or a car wash is located
on the Property, the gas station shall be counted as one of
the four uses and the car wash shall be counted as one of
the four uses); and
(ii) Not more than two (2) free-standing drive-in/drive-through
fast-food restaurant buildings shall be permitted on the
Property (each such building to constitute one of the four
uses in the limitation set forth under subsection (i), above)
and all such fast-food restaurant buildings shall have
customer seating;
(b) "Vehicle rental, small" use listed under the "SERVICES" use
category provided that:
(i} The use is included as part of a commercial development;
(ii) A maximum of 10 parking stalls assigned and marked for
rental vehicles shall be allowed on the premises; and
(iii) The assigned and marked parking stalls shall be considered
to be part of the number of total parking stalls otherwise
permitted under applicable parking provisions of the
Renton Municipal Code (i.e., the parking stalls assigned
and marked for rental vehicles shall not be allowed in
addition to the total number of stalls otherwise permitted);
(c) "Car washes" use listed under the "VEHICLE RELATED
ACTIVITIES" use category provided that (i) hours of operation
shall be limited to 7:00 am to 9:00 pm and (2) no self-service
washes shall be allowed on the premises; and
DEVELOPMENT AGREEMENT--Page 4
(d) "Vehicle repair and service, small"use listed under the"VEHICLE
RELATED ACTIVITIES" use category provided that (i) all repair
and service be conducted within a building, (ii) the building has a
design comparable in quality to that of a Jiffy Lube® or Oil Can
Henry's® service building.
3. The design standards set forth on Exhibit B, attached, shall apply to commercial
development on the Property.
B. Comprehensive Plan Map Designation: The parties agree that, subject to the Site-
Specific Land Use Limitations listed in Subsection A above, the Property shall have a
Corridor Commercial (CC) Comprehensive Plan Land Use Map designation.
C. Zoning: The parties further agree that, subject to the Site-Specific Land Use
Limitations listed in Subsection A above, the Property shall have an Arterial
Commercial (CA) Zoning classification.
SECTION 4. TRAFFIC MITIGATION FEE CREDIT
The Owner has submitted to the Renton Development Services Division documentation
for the Division's review and consideration of the following facts:
(1) Around 2003 (while the Property and two abutting parcels to the south that
were also part of the original "Aqua Barn" site were still located in
unincorporated King County), a total of $337,066 in private funds (the
"Overall Aqua Barn Site's Intersection Contribution") was contributed to
the construction of intersection improvements (including a traffic signal
and turn lanes among other improvements) at the SR 169/152nd Avenue
SE intersection (an intersection that lies at the Property's northwest
corner) on account of the entire then-proposed "Aqua Barn Mixed-Use
Development", a development proposal that entailed both (a) retail
development of the Property (which has not been developed yet) and (b)
residential development of the two residential parcels to the south
(Assessor's Parcel Numbers 232305-9185 and 232305-9209, both of
which have subsequently been developed); and
(2) According to that certain "Aqua Barn Mixed-Use Development,
Supplementary Traffic Impact Analysis" prepared by The Transpo Group
dated April 4, 2004, an estimated 75 percent share of total traffic trips
expected to be generated from the entire site of the Aqua Barn Mixed-Use
Development at the critical PM peak-hour left-turning movement at the
northbound to westbound left turn lane of that intersection were expected
to be attributable to future development of the Property (the "Property's
75 Percent of Peak Hour Trips Share") while the other 25 percent of such
DEVELOPMENT AGREEMENT--Page 5
trips was expected to be attributable to the residential development of the
two residential parcels to the south of the Property.
The Owner has (a) contended that, in view of the Property's 75 Percent of Peak Hour
Trips Share, it is appropriate to attribute 75 percent of the Overall Aqua Barn Site's Intersection
Contribution (i.e., 75 percent of the total $337,066 = $252,799.50) to the Property and (b)
requested that such amount be credited against City of Renton traffic mitigation fees that will
become due upon development of the Property. The Development Services Division has
reviewed that documentation and the Owner's contention and request. Based upon the
documentation provided by the Owner regarding (i) the funds spent on the intersection
improvements and (ii) the previous traffic impact analysis, the Development Services Division
has agreed with the documentation, the Owner's contention and the Owner's request and has
recommended to the City Council that credit for a 75%share of the.$337,066 funds expended be
granted up to but not to exceed $252,799.50 against City of Renton traffic mitigation fees due
upon development of the Property until the credit has been fully expended.
Based upon the Development Services Division's recommendation, the City hereby
acknowledges and agrees that a sum equal to $252,799.50 shall be credited against City of
Renton traffic mitigation fees due upon development of the Property until the credit has been
fully expended. This Section 4 shall survive the termination of this Agreement.
SECTION 5. EFFECT OF DEVELOPMENT AGREEMENT
Unless amended or terminated, this Agreement shall be enforceable during its term by
the City and the Owner and the Owner's successor or assigns in interest with respect to the
Property; provided, however, only the City may enforce the Site-Specific Land Use Limitations.
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
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
permit or approval issued by the City for the Property during this Development Agreement's
term must be consistent with this Agreement.
SECTION 6. 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 7. RECORDING
Pursuant to RCW 36..70B.190, this Agreement shall be recorded with the real property
DEVELOPMENT
AGREEMENT--Page 6
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records of King County. During the term of the Agreement, the Agreement is binding on the
parties and their successors.
SECTION 8. TERM
This Agreement shall run with the Property from the date on which this Agreement has
been executed by both parties until amended or rescinded by the City Council in accordance
with Section 9, 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 9. 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 hereto, 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 10. DEVELOPMENT OF THE PROPERTY PRIOR TO ANNEXATION
This Agreement shall not limit proposed development of the Property vested by
application(s) for development approval(s) or permits(s) filed with unincorporated King County
prior to the effective date of the City's annexation of the Property.
CITY OF RENTON
By: /
Kathy Keo er, Mayor
Attest: 166 J. LCJGZtt-eht-
' Bonnie Walton, City Clerk /4;4007
Approved as to Form:
G� v
Lawrence J. Warren, City Attorney
DEVELOPMENT AGREEMENT--Page 7
.
AQUA BARN RANCH, INC., a Washington
corporation
By: , 4 -�-L/
anette L. Carr, President
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that on the 'Z J
. day of am ct , 200, I'
KATHY KEOLKER
appeared before me and acknowledged that she signed the idtrument, on oath stated that she
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 stated that the seal affixed, if any, is
the corporate seal of said City.
Dated: VI i_/'Zo0 7 04``"" !ifs
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Name (p nt) '•,` ;p,�,��rq +'0
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Notary Public i , 9,_ _
Title h a ��;�;,, %-•'--"C()
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My Appointment Expires
STATE OF WASHINGTON )
ss.
COUNTY OF ISI }
I certify that I know or have satisfactory evidence that JANETTE L. CARR is the person
who appeared before me and acknowledged that she signed the instrument, on oath stated that
she was authorized to execute the instrument and acknowledged it as president of AQUA
DEVELOPMENT AGREEMENT--Page 8
•
BARN RANCH, INC., a Washington corporation, to be the free and voluntary act of such
corporation for the uses and purposes mentioned in the instrument./
Dated: I 4 ,``,�gNIH1Hy�Nh
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DEVELOPMENT AGREEMENT--Page 9
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EXHIBIT A
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EXHIBIT B
AQUA BARN SITE CA ZONE DEVELOPMENT AGREEMENT DESIGN
STANDARDS FOR COMMERCIAL DEVELOPMENT
Purpose:
The intent of the following design standards is to set forth the desired character of future
commercial development on the two visually prominent abutting parcels of land totaling
approximate three (3) acres and fronting SR 169 on a portion of the former Aqua Barn site. The
intent is that any commercial development on either of these two parcels be of a quality that will
fit in with its residential and nearby rural surroundings rather than being garish or"Disney-like"
in its setting near the urban/rural Urban Growth Boundary. The intent, also, is that both parcels,
if developed independently of each other, share common thematic elements such as building
forms, materials, signage, and landscaping to the extent reasonably practical in view of the
ultimate uses on the parcels. Unless otherwise specified herein, all other relevant code
requirements set forth in Title IV shall be met.
Standards:
1. Site Master Plan: A site plan for either or both of the two parcels at the time of
development shall include information on building type, location, phasing(if any), etc.
a. Buildings: All proposed buildings shall be identified as to type, size, use, and
location.
b. Parking: All proposed parking areas shall be identified as to location, number of
stalls, location of drive aisles, points of ingress and egress, lighting, proposed
landscaping and pedestrian walkways related to them.
c. Open Spaces: Common open spaces (if any) and their locations shall be
identified, including open spaces such as larger landscape areas, storm retention
ponds, etc.
d. Pedestrian Features: Proposed pedestrian walkways shall comply with RMC 4-
3-040F.1.e and shall be identified as to location, materials, and what they are
connecting or linked to.
2. Common Thematic Elements: Building elements such as those identified below are to
be used throughout each of the two parcels to create a unifying architectural statement
for the development of each parcel and both parcels when seen from the Renton—Maple
Valley Highway(SR 169).
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a. Materials: Drawings submitted for review and approvala shall identify exterior
materials such as masonry or concrete block that will be used on the facades of
all buildings;
b. Fenestration: Drawings submitted for review and approval shall identify location
of openings and types of glazing proposed, including color of glass and frames;
c. Roofing: Drawings submitted for review and approval shall identify roofmg
style (flat, gabled, pitched, mansard, etc.), material, pitch, and color, and ensure
that these are consistent throughout the development of each parcel;
d. Additional Architectural Elements: Drawings submitted for review and approval
shall include type and location of awnings (if any), their proposed materials and
color, and all exterior lighting should be shown on all relevant elevations and
perspectives. Glass and metal awnings (or awnings of other permanent
materials) or overhanging eves shall be provided on all facades visible from
public streets.
e. Other Architectural Embellishments (if any): Drawings submitted for review and
approval shall include decorative roof treatments, decorative lighting, decorative
paneling, etc., which are encouraged and, if proposed, shall be shown in all
relevant building elevations and perspectives.
f. Signage: Drawings submitted for review and approval shall identify all proposed
exterior signage including facade signs. Any allowed freestanding signs shall be
ground-oriented monument type signs. Pole and roof top-mounted signs shall be
prohibited.
3. Landscaping Along Street Frontages: Landscaping along abutting street frontages shall
comply with the following provisions [provisions that are derived from the portion of the
table in RMC 4-3-040D (Development Standards for Uses Located within the Renton
Automall Areas A and B) concerning "Landscaping — Street Frontage Landscaping
Requirements" for"All Uses in Area A, Dealerships and Related Uses in Area B"]:
a. 15-Foot Wide Landscape Strip Required: A 15-foot wide landscape strip shall be
required along all street frontages. This is in lieu of requirements in Chapter 4-2
RMC. Unimproved portions of abutting street right-of-way can be used in
a Once"[drawings submitted for review and approval"have been approved by the Renton Development
Services Division, unless the approval is appealed and the approval decision is modified, any
development(s) actually constructed shall be consistent with the approved drawings unless drawing
revisions consistent with this Exhibit B have been reviewed and approved by the Development Services
Division. Notwithstanding RMC 4-9-200D.2.a.ii, no building facade modifications(such as the location
of entrances/exits, changes in materials, fenestration, roofing, additional architectural elements or
signage or aesthetic alterations) that relate to the subject matter of this Exhibit B shall be made without
the approval of the Development Services Division.
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combination with abutting private property to meet the required 15-foot
landscape strip width.
b. Street Tree Requirements: Unless the existing trees within the 15-foot wide
landscape strip are retained, the landscaping provided in the 15-foot wide
landscape strip shall include a minimum 30-inch high berm and 2'/2 inch caliper
red maples (Acer robrum)planted 25 feet on center.
4. Landscape Materials: Common landscape elements shall be used throughout each of the
two parcels to create unifying statement for the development of each parcel.
a. Plant Materials: Drawings submitted for review and approval shall identify all
proposed living plant materials of a permanent nature including species and size
at time of planting.
b. Paving Materials: Drawings submitted for review and approval shall identify all
paving materials including driveways, parking areas, and pathways. In regard to
buildings greater than 5,000 square feet in size, a minimum 8-foot wide concrete
sidewalk with decorative banding shall be provided along the building side(s)
abutting parking areas. Such sidewalks shall be raised from the grade of the
abutting parking areas a minimum of four inches except for ramps for
handicapped access and rolling of shopping carts.
c. Exterior Lighting: Drawings submitted for review and approval shall identify all
proposed exterior lighting, including parking lot lighting, and decorative lighting
along pedestrian corridors.
d. Fencing: A double-faced and stained 5-foot high wood fence shall be installed
along any unfenced boundaries of the site that abut residential-zoned property.
In order to improve pedestrian access to and from abutting residential properties,
openings in the fence shall be provided (not more than one along the south
boundary of each of Lots 3 and 4 of King County Short Plat Number L99S3019
and not more than one along the east boundary of said Lot 4).
5. Surface Water Detention Ponds: Surface water detention ponds (if any) shall be screened
and landscaped with sight-obscuring evergreen plant materials. Where pond fencing is
required, it shall be decorative in appearance and use permanent materials such as metal
or decorative concrete block. Landscaping should buffer the exterior of all such fencing
or walls.
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