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HomeMy WebLinkAboutORD 4207 , r � f ' . CITY OF RENTON, WASHINGTON ORDINANCE N0. 4207 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO R-3 (MEDIUM DENSITY MULTI-FAMILY) (KBI DIVERSIFIED, LTD. ; FILE NO.R-005-88) . WHEREAS, under Chapter 7 , Title IV (Building Regulations) of Ordinance No. 1628 known as the "Code of General Ordinances of the City of Renton, " as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as R-l; and WHEREAS, a proper petition for change of zone classification of said property has been filed with the Planning Division on or about January 28, 1988, which petition was duly referred to the hearing examiner for investigation, study, and public hearing, and a public hearing having been held thereon on or about August 23, 1988, and said matter having been duly considered by the hearing examiner, and said zoning request being in conformity with the city' s comprehensive plan, as amended, and the city council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I : The following described property in the City of Renton is hereby rezoned to R-3, as hereinbelow specified, subject to the findings, conclusions, and decision of the hearing examiner dated September l, 1988, and subject further to restrictive 1 � ORDINANCE N0. 4207 . covenants filed under King County Auditor's File No. 8902100191, Amended by 8903100171 , and which said covenants are hereby incorporated and made a part hereof as if fully set forth, the Planning Manager is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Said property, approximately 1 . 4 acres, being located on the west side of Aberdeen Avenue N.E. , between 973 - 1021 Aberdeen Avenue N.E. ) SECTION II : This Ordinance shall be effective upon its passage, approval, and five days after its publication. PASSED BY THE CITY COUNCIL this 13th day of March , 1989 . �'��;�t' ���._ i� =�_'�,!,C-�-�._ Maxine E . Motor, Cit� �lerk APPROVED BY THE MAYOR this 13th day of March , 1989 . ,.�J', - � Richard M. Stredicke, Mayor Pro tem Approve s to form: ,�-+��C���'���.��-�.�., Lawrence J. Wa�n, City Attorney Date of Publication: March 17, 1989 ORD. 79 :2/10/89 :as . 2 � •"`� . ,. �w� 4 • • �' �� ' � . qa .'':,;�'''`� ORDINANCE NO. 4 2 0 7 �A is. �� � �X�IIBIT �4 � SCHEDULE C z � , 3 ' ORDER PO. 142432-3 � YCUR NO. NONE ; THE LAND REFERRED TO IN THIS COMMITMENT IS SITUA`IED IN THE � STATE OF WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS ; . FOLLOWS : TRACT 16, HARRIES GARDEN HOME TRACTS, ACCORDING TO THE PLAT THERFOF RECORDED IN VOLUME 34 OF PLATS , PAGE 38 , RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTH 50 FEET OF THE EAST 175 FEET THEREOF. SITUATE IN THE CITY OF RENTON, COUTITY OF KING, STATE OF WASHINGTON. ____,-_------ ORDINANCE N0. 42Q7 I�; ` �_l._ ' � L`Y{ � ,� � � � � � � ,� �' . . - .`~� \ � � f > � �'S��Q� ' �1� ..- ���. �` �/ sc. a�'s773 "� � . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . ,,,.-. �'.> � �' � S.G. 65�7T.3 f �3 �/? ���,�Q� � I Pr3�,�.�9 20 � �� �N d'2 /'_" ._. +� � � .". , �,. . . /��'.v p$ �/� `� j� �� �� � g a �,y� ����, k� ��� /� . ..�� . . .. . . . . . . . . . . . . . . . .$,� . ,�. . . . . . . . . Q � ` ��o � `' / N n� �-�—�- .�6�� � . it1h�,�l� �� �, /// � 5�• �� �� • � Q' � ���Q � / y � ���g t � �,, ,. _ . , ,�, . ��, �ac � . . . ..,. . � �. �/ .�a� �� s��677� � ��, � � � 1 h � r � � ` �X'Sc��l4,C' 3h.?,�Rh� ���t`� 1� ° : ., \ �a� � �' ` �� � ���'1 3$ 54 r.9l c �Q � �� `64� �---� O n �� \ �. V ts n,/ � �� ���� � !_36� �? g `n ; �p � ��� 9 3�.� � o►° . , o'� �������. � � � �0 � G C � N � � !� �q�.; ,. � \.. � �t�� ������ ����/r �* 0 g'��'o�°° '� M � �: � ^ 550.i w.�° f 7� r. � �'8 - ��. „� �73� I`J �' � n� a �"� �t, o�o �, � � � � ��� � � a x 'o 698.3/ W j � '`�-" �u Z �,,! 68,�$�4 �: � m o� _ -.� o +4 1 � �r �/ � � � 67/. 47 � � � . i� � d d, �j � 2 r Q ; k�sa : �13 : � � - `h � �. . N � N tn -- o `_'� s.�Q s� ��-� . .. ti � � � fl�+ t .� Q ��� �� .. . � �� � . -- °� f2 �:--- _ �, c� � �.a ,g �, � �� � p � 6/7. 79 ^ '��' Rt� � 1 . 1 � � � 4 4 u�j �, __ .�. 1 y _."' , _ $ � � � � � p�. �,� �� � C�' o __, . 5"?0.�4 � ORDINANCE NO. 4207 KBI Diversified, R-oo5-88 . ' AMRNbMrNT TO AGREEMENT CREATING RESTRICTIVE CUVrNANT � 0 w � TFiIS AMENDMENT TO AGR�EMENT CREATING RESTItICTIVR COVk;NnNT is o executed by KBI D�VERSIFTEp, LTD. and is for the purpose of V . • correcting the legal descripti.on of Lat 16 in tihe original � ' Covenant. The Restrictive Covenant amended liereby is tt�at , Restrictive Covenant filed under Auditor's No. 8902100191 in tl�e King County Department uf Records and Elections. The legal descriptian contained 1n the vriqinal ayreemenk . filed under the above recording number is heLeby ame�ided Co read aa follows: � The North 75 feet of Lot 13, Lots 19 and 15 of t�arries Garden Home Tracts and Lot 16 except the South 50 feet of the East 175 feet tliereof of Harxies Garden Itome Tracts, all. ' according to the Plat of Harries Garden Itome Tracts recorded , � • in Valume 34 0£ Plats, page 38� records of Kiny County, ' Washinyton, all of which land is situafie in tl�e City of • . . Renton, County of King, State of Washington. � Exeept for the above amendment �o the legal descriptxon, all • other terms and conditions stared in tl�e "Agreement Creating . • Restrictive Covenant" filed under the above-referec�ced file number are her�by ratified and affirmed. , IN WITNBSS WHEREOF, KBI DIVERSIFZED, LTb. has this a'7�day of -F.e.(�ccet,n� , 1989 executed thi.s Amendment to Agreement , Creati.ng Reatr/ictive Covenant. � • ' KBI pIVERSIF'I�b LTD. � a�, /C�"'-v ' Kenneth P. Keeter � ' ' President ' STAT� 0�' WASHINGTON ) ' ) B6. COUNTY OF KING ) . � On this day personally aripeared befoze me K�;NNETH P. K�ST�rt, ' to me known to Ue the Presidenti of KBT DIVRRSIFIED, LTD, the � corporation that executed �he within and foregoing instrumenL•, . ' and acknowledged said it�strument to be the free and vo2untary act . • and deed of said corporation, for the uses and purposes tiherein • • mentioned, and on oath stated that he was autliorized to execute , . said inatrument. ' IN WITNESS WHEREOF, have hereun�o set my hand and affixed my official seal the o?'J� day of -e-(�.���,. , 198�. , � . � ` .. . . � -� , : , NpITARY PUBI,ZC in � for the State -• - ' of Washington, residing at 1('��-/GQ� • t �• - My commission expires: «-�..i ,Qy � , . i - � i � , � fILED FOR THE RECORD AT THE REQUEST OF: y ; oFF�cE o� n�E cin c�au ' Renton Munlcipal Bid�. ; Z00 Mill Ave. So. � � � Renton,WA 98055 ; -- � - ORDINANCE NO. 4207 KBI Diversified, R-005-$8 AGREEMENT CREATING RESTRICTIVE COVENAIJT KBI DIVERSIFZED, LTD. hereby subjects the fo114wing described property to the following Restrictive Cavenants: � � 0 N The North 75 �eet of Lot 13 , and Lats 14 , 15 and o 16, all in Harries Garden Home Tracts, according to � the plat thereoP recorded in Volume 34 oY Plats, � page 38 , records of King County, Washington. Al1 situate in the City of Renton, Caunty of King, state of Washington. WHEREAS, KBI DIVERSIFIED, LTD. has applied to the City af Rentan gor a rezone of approximately 1.4 acres of pro�erty fram R-1 to R-3 and for approval of a site plan to allow canstruction of a 108-unit apartment complex on 5. 74 acres of property which will include the 1. 4 acres requested to ba rezaned as well as an ad�acent parcel of approximately 4 . 34 acres which fs now zoned R-4 ; and WHEREAS, the hearing examiner haB ' reCammended appraval of the rezQn� on conditian that Restrictive Covenants be Piled by the App�iaant lim�ting the development af the 5. 74-acre site to 18 residential units per acre with �he exceptian that if the 5.74 acres is developed pursuant to the site plan filed with �he applicntion in File No. R-005-88 and SA-005-88, such proper�y may be developed to a density oP 18 . 8 units per acre; and WHERE�S, the appli�ant is desirous af achieving the rezane of tha 1. 4 acras and to develap �he property in accordance with the appraved gite p�an. NOW, THEREFORE, the develaper adopts the following Restrictive Covenants: �11�D F�� ��CORD �T REQUEST I�r � OFFICE 6f TNE CITY CIEAK REN10N MUNICIPAL BIOG. 100 Mlll AVE S0. RFNTtiN.W4 9�`� - 1 - ORDINANCE NO. 4207 ' ' � - - • I. Thasa covenants •run with tha land and bind all successive Puture owners who shall be bound to the covenants as if they were the original signers hereof. II. Theae covenantg apply to the 5. 74 acres contained � � within the North 75 feat of Lo� 13 �nd Lotis 14 , 15 and I6 in � Harries Garden Home Tracts, according to the plat thereof o F--� recorded in Volume 34 of Plats, page 38, records of King County, � � washington, located in tha City af Renton, County af King, state of Wash�nqton. IIZ . Development of the 5. 74 acres of property ehall be limited to a density of ndt more than 18 units per acre with the exception that should the praperty be developed in accordance with the approved site plan submitted in connection with File No. R-005-88 and SA-005-88 , then such density should be allowed to be 18 . 8 units per acre over the entire 5 .74 acres. - IV. These rescrictive cQvenants shall take effect and be in full force upon the execution by KBI Diversified, the approval of the rezone of the 1.4 acres from R-1 to R-3 and the recording of these covennnts with the appropriata autharities of King County, Washington. IN WZTNESS WHEREOF, KBI DIVERSIFIED, LTD. has this ?O �day of , 1989 executed these Regtrictive Covenants. U � KBI DIVERS IED, b. By /Kennath P. Kester � President - 2 - ORDINANCE NO. 4207 ' . �� �.STATE OF WASHINGTON ) ) 8s. � - COUNTY �F KING ) On this day personally appeared before me KENNETH P. �ESTER, ta me known to be the President af KHI DIVERSIFIED, LTD, the corporation that ex�cuted the within and Poregoinq instrument, o� and acknowledged said ingtrument to be the free and voluntary act v and deed of said corporation, for the uses and purpoees therein � mentivned, and on aath �tated that he was authorized to execute � said inetrument. � � c� IN WITNESS WHEREOF, I have hereunt et my hand and affixed ~ my afficial seal the �G S`i, day of �'��,�it,r� , 198 . ('��� , . �_��,�� � NOTARY PUBLYC in and� fd' Stat oP Washington, residing at �(!'�� My commission sxpires: �i-Z� �'9 . - 3 -