HomeMy WebLinkAboutA 19991213000395 , d
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KING COUNTY, WA
CITY OF RENTON AG 16.00
WHEN RECOR
DED RETURN TO: I
Office of the City Clerk
. Renton Cit�►Hall
1055 South Grady Way
Renton,WA 98055
DEVELOPMENT AGREEMENT
PARTIES
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This agreement is made and entered into this �6t�► day of AFe��, 1999, by and between
the CITY OF RENTON ("City"), a municipal corporation of the State of Washington, and LA
' PIANTA LIMITED PARTNERSHIl', a Washington limited partnership, the owner of the parcels
,s, of property within the area covered by this development agreement ("Owner").
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WHEREAS the Owner made a lication to the Cit of Renton on March 31 1999 for
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�-- Comprehensive Pian Lanci lise i'Vlap amendments anci Goning Iv1ap amendments of i'tie �iwner's
� property that is legally described as follows (the"Property"):
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� PARCELS 1, 2, 3, 4, 9 AND 10 CITY OF RENTON,LOT LINE REVISION, FILE
� NO. LUA-95-200-LLA, RECORDED IN BOOK 108 OF SURVEYS, PAGE 276,
276 A AND 276 B, LTNDER RECORDING NUMBER 9604239004, RECORDS
OF K1NG CQiJI�T�, WASHINGTON; BElNG A PORTION OF SECTION 16,
TOWNSHIP�23 NORTH, RANGE 5 EAST, W.M. IN THE CITY�F RENTON,
KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID
PARCEL l LYING VVEST OF T�?F,WF.ST LII�� �F 5AID SErTI�;R� i 6.
WHEREAS,the City has assigned City File Nos. LUA 99-054 and 99-M-3 to the Owner's
requests; and
WHEREAS, the owner seeks to have the following-described portion of the Property(the !
"RO Area",which is appro�mately 74.05 acres in size) given a Residential Options (RO) Land Use '
Map designation and R-10 zoning:
PARCELS 1, 2, 3, 4, 9 AND 10 CITY OF RENTON,LOT LINE REVISION, FILE
NO. LUA-95-200-LLA, RECORDED IN BOOK 108 OF SURVEYS, PAGE 276,
' DEVELOPMENT AGREEMENT--Page 1 '�,
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276 A AND 276 B, UNDER RECORDING NUMBER 9604239004, RECORDS
OF KING COUNTY, WASHINGTON; BEING A PORTION OF SECTION 16,
TOWNSHII' 23 NORTH, RANGE 5 EAST, W.M. IN THE CITY OF RENTON,
KING COUNTY, WASHINGTON; EXCEPT THAT PORTION OF SAID
PARCEL 1 LYING WEST OF THE WEST LINE OF SAID SECTION 16; AND
EXCEPT THAT PORTION LYING WITHIN A PARCEL OF LAND DESCRIBED
AS FOLLOWS:
THAT PORTION OF PARCELS 2, 4, AND 9 CITY OF RENTON, LOT LINE
REVISION, FILE NO. LUA-95-200-LLA, RECORDED IN BOOK 108 OF
SURVEYS, PAGE 276, 276 A AND 276 B, UNDER RECORDING NUMBER
9604239004, RECORDS OF KING COUNTY, WASHINGTON; BEING A °
- � P�RTIUi�1 �F SE�TION i 6� T�VZ�l�i JI�IP 23 ��TIJ�I.i-1� �'�i`3Ci1c,�5 r,AS�, w'.Vf. .°
IN K1NG COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
COMN�NCING AT TI�WEST QUARTER CORNER OF SAID SECTION 16;
THENCE, SOUTH O1°04'02" WEST, ALONG THE WEST LINE THEREOF,
601.36 FEET; THENCE, SOUTH 88°55'S8" EAST, PERPENDICLTLAR TO
SAID WEST LINE THEREOF, 378.15 FEET, TO THE NORTHWESTERLY
LINE OF PUGET SOUND POWER AND LIGHT CO. EASEMENT AS
DESCRIBED 1N AN 1NSTRUMENT RECORDED UNDER RECORDING
NUMBER 2571770,RECORDS OF KING COIJNTY, WASHINGTON, AND TI�
TRUE POINT OF BEGINNING; THENCE, NORTH 34°OS'S3"EAST, ALONG
� SAID NORTHWESTERLY LINE, 1416.63 FEET TO A PO1NT ON A CURVE,
n-� THE CENTER OF WHICH BEt�RS SOU1'ti 50°I S'19" WEST; THENCE ON
� SAID CURVE TO THE LEFT, HAVING A� RADIUS OF 197.38 FEET,
� THROUGH A CENTRAL ANGLE OF 16°09'26", AN ARC DISTANCE OF 55.66
FEET; THENCE, NORTH 55°54'08" WEST, 958.13 FEET TO A POINT OF
�, CURVE; THENCE NORTHWESTERLY ON SAID CURVE TO THE LEFT,
� HAVING A RADNS OF 399.32 FEET, THROUGH A CENTRAL ANGLE OF
� 27° 17' 11", AN ARC DISTANCE OF 190.17 FEET; THENCE, NORTH
� 83°11'18"WEST, 18.88 FEET, TO A POINT ON A CURVE, THE CENTER OF
� WHICH BEARS SOUTH 82°55'25"EAST, TI�NCE ON SAID CURVE TO THE
LETT, HA��lNG A F.P.L`IUS QF 24',�.QO FEF:T, TI-�C;'JC'rH r� CENT�Ai�
�
ANGLE OF 02°37'08", AN ARC DISTANCE OF 112.90 FEET TO THE
EASTERLY MARGIN OF PUGET SOUND POWER AND LIGHT CO.
EASEMENT AS DESCRIBED 1N AN 1NSTRUMENT RECORDED UNDER �
RECORDING NUMBER 2513101, RECORDS OF KING COLTNTY,
WASHINGTON; THENCE, SOUTH 26°46'02" EAST, ALONG SAID
EASTERLY MARGIN THEREOF, 163.94 FEET; THENCE, CONTINUING '
ALONG SAID EASTERLY MARGIN, SOLJTH 06°20'40" EAST, 1566.43 FEET
TO THE TRUE POINT OF BEGINNING.
WHEREAS,the owner seeks to have the remainder of the Property(the"RPN Area", which
DEVELOPMENT AGREEMENT--Page 2 �
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is 20 acres of the site)(the minimum size permitted under Comprehensive Plan Policy LU-57) given
a Residential Planned Neighborhood (RPI� Land Use Map designation and corresponding R-14
zoning:
THAT PORTION OF PARCELS 2, 4, AND 9 CITY OF RENTON, LOT LINE
REVISION, FII,E NO. LUA-95-200-LLA, RECORDED IN BOOK 108 OF
SURVEYS, PAGE 276, 276 A AND 276 B, UNDER RECORDING NUMBER
9604239004, RECORDS OF K1NG COUNTY, WASHINGTON; BEING A
PORTION OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.
1N THE CITY OF RENTON, KING COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
... -• - CO1L"�/�E;idCiNG AT i ti��:`v'Ti�,S`i QLTfiP.i Ld'.`;.�.9 u d"LI't G�'��L SE::T'ION 16; - -`
THENCE, SOUTH O1°04'02" WEST, ALONG THE WEST LINE THEREOF,
601.36 FEET; THENCE, SOUTH 88°55'S8" EAST, PERPENDICULAR TO
SAID WEST LINE THEREOF, 378.15 FEET, TO THE NORTHWESTERLY
LINE OF PUGET SOUND POWER AND LIGHT CO. EASEMENT AS
DESCRIBED IN AN INSTRUMENT RECORDED UNDER RECORDING
NUMBER 2571770, RECORDS OF K1NG COUNTY, WASHINGTON, AND
THE TRLTE POINT OF BEGINNING; TI�NOE, NORTH 34°OS'S3" EAST,
ALONG SAID NORTHWESTERLY LINE, 1416.63 FEET TO A POINT ON A
CURVE, THE CENTER OF WHICH BEARS SOUTH 50°15'19" WEST;
THENCE ON SAID CURVE TO THE LEFT, HAVING A RADNS OF 197.38
• FEET, T�IROUGH A (;EN1'i�L ANCTLE Ur 16�U�'26�', AT�( ARC 13i�i��T�E �
� OF 55.66 FEET; THENCE, NORTH 55°54'08" WEST, 958.13 FEET TO A
�; POINT OF CURVE; TI�NCE NORTHWESTERLY ON SAID CURVE TO THE
� LEFT,HAVIl�TG A RADNS OF 399.32 FEET, THROUGH A CENIRAL ANGLE .
� OF 27° 17' 11", AN ARC DISTANCE OF 190.17 FEET; THENCE, NORTH
`'�' 83°11'18"WEST, 18.88 FEET, TO A POINT ON'A CURVE, THE CENTER OF
� WHICH BEARS SOIJTH 82°55'25"EAST, TI�NCE ON SAID CURVE TO THE
�- LEFT, HAVING A RADNS OF 2470.00 FEET, THROUGH A CENTRAL
�, ANGLE OF 02°37'08", AN ARC DISTANCE OF 112.90 FEET TO THE
`r EACTERT v ?��_��.f�P`: CF pLT.�i£'I' �O�'Nr, FvVdER AI•1� I,IGi-�i t�13.
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�' EASEMENT AS DESCRIBED IN AN INSTRI7MENT RECORDED UNDER
RECORDING NUMBER 2513101, RECORDS OF KING COiINTY, '�
WASHINGTON; THENCE, SOUTH 26°46'�'02" EAST, ALONG SAID
EASTERLY MARGIN THEREOF, 163.94 FEET; THENCE, CONTINUING
ALONG SAID EAS1'ERLY MARGIN, SOUTH 06°20'40" EAST, 1566.43 FEET
TO THE TRUE POINT OF BEGINNING.
WHEREAS, the major emphasis of the Owner's proposal is to provide an opportunity for
a residential development with a mix of urban residential �forms while maintaining a development
intensity that it is roughly comparable to conventional, detached single-family development; and
DEVELOPMENT AGREEMENT--Page 3
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WHEREAS to ensure that tius em hasis will be achieved the Owner has had three different
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analyses performed to provide baseline conditions for development restrictions to be embodied in
a Development Agreement between the City and the Owner and recorded to run with the land; and '
WHEREAS, as the first of the three analyses, Dodds Engineers, Inc. has(a) evaluated the
number of conventional, detached single-family lots that could reasonably be achieved under the
Property's current Residential Single Family Land Use Map designation and R-8 zoning and (b)
determined that 413 such lots could reasonably be achieved;
WHEREAS, as the second of the analyses, the traffic analysis consulting firm David I.
Hamlin & Associates has calculated the anticipated number of average daily trips that would be
generated by 413 conventional, detached single-family residential lots as calculated under the 1997
• Institute-of TranspoYtatio;i Engin�srs (IT�I.,%)M�r�cr���.3 !��a:; ueter::�ined t�at 3,952 averab� �'ai!y •
trips would be anticipated for that many lots;
WHEREAS, as to the third of the analyses, Dodds Engineers, Inc. has (a) reviewed the
detailed stormwater detention calculations for the "Cedar Crest Manufactured Home Park" (a
development proposal that was previously-approved for the Property and still vested)to determine
the amount of impervious surface that was anticipated for the Property under that development
proposal and (b) deternuned from its review of those calculations that a total of 45.04 acres of
impervious surface were anticipated for Cedar Crest;
WHEREAS, sta.ff members of the City's Department of Economic Development and
Neignoorhood Sti•ategic Planiiing and or the City's De�artment or P;annin�Buil�iingli'ubii�Wur;cs
�., have reviewed the three above-referenced analyses and concur with their conclusions;
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�� WHEREAS, in view of those three analyses, the Owner is willing to have the requested
Q comprehensive plan designations and zoning be granted su'bject to a Development Agreement that
� would embody the following site-specific restrictions (the"Site-Specific Restrictions"):
F�
� (1) Permitted residential development in the RO Area and RPN Area would be
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limited so that the number and type of residential units would not be expected
cri ��generate m�re t;;an�,�52 average dail�-trips as calculaied und�r the I9y7
�' Institute of Transportation Engineers(ITE)Manual;
(2) Permitted residential development in the RO Area and RPN Area would be
limited so that the total impervious surface coverage due to development �
would not be allowed to exceed a total of 45.04 acres;
� (3) The overall number of residential units of any type could not exceed 460
units; �
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(4) The overall number of flats (which would jonly be constructed in the RPN
DEVELOPMENT AGREEMENT--Page 4 ,
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Area)could not exceed 78 units and the number of flats in any such building
could not exceed 6 units; and
(5) The residential density of the portion of the,RPN Area lying within Aquifer
Protection Zone 1 shall be limited to 10 dw,'elling units per acre.
WHEREAS, the Planning Commission held a public hearing about the proposed
Comprehensive Plan Map Amendments and Zoning Map Amendments and the associated
development agreement on July 14, 1999; and
WHEREAS, the City Council adopted a Planning and Development Committee report on
September 27, 1999;
WHEREAS,this development agreement has been presented at a public hearing before the I
City Council held on the l lth day of October, 1999; and ;
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WHEREAS,the City Council has taken into account the public comment presented at that ',
public hearing; and �I
WHEREAS, this development agreement has been reviewed and approved by the City
Council of the City of Renton, Washington; and
WHEREAS, this development agreement appears to be in the best interests of the citizens
of the City of Renton, Washington;
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� NOW, THEREFORE, the parties do agree as follows:
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� SECTION 1. AUTHORITY �I
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t-- 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 piovisions that shall apply to, govern, and vest the development, use, and mitigation
� o� �f the deve�opn�e�it of ihe reai pro�eriy for the duration of such development agreement.
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SECTION 2. SUBJECT PROPERTIES ,
A, Illustrative Map: The Property and the RO Area and RPN Area that comprise it are
graphically represented in the drawing attached as�Exhibit A.
B. King County Property Identification Numbers: The following list indicates the King
County Property Identification Numbers applicable at the time of this development
agreement: 172305-9171-03, 162305-9007-04, 162305-9009-02, 162305-9010-09, 162305-
9006-OS and 162305-9061-10.
DEVELOPMENT AGREEMENT--Page 5
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SECTION 3. COMPREHENSIVE PLAN MAP DESIGNATIONS AND ZONING:
A. Comprehensive Plan Map Designations: The 'parties agree that, subject to the Site-
Specific Restrictions listed on page 4, above, (1) the RO Area shall have a Residential
Options (RO) Land Use Map designation and (2) the RPN Area shall have a Residential
Planned Neighborhood (RPI�Land Use Map designation.
B. Zoning: The parties further agree that, subject to the Site-Specific Restrictions listed on
page 4, above, (1) the RO Area shall have an R-10 zoning classification and (2) the RPN
Area shall have an R-14 zoning classification. I
SECTION 4. EFFECT OF DEVELOPMENT AGREEMENT I
Unless amended or terminated, this Development Agreement is enforceable during its term '
by a party to this Development 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 development standard adopted by the City after the
effective date of this Development Agreement, unless (a) otherwise provided in this Development
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 standard shall apply.
Any development permit or approval issued by the City for the Property after execution of this
Development Agreement must be consistent with this Development Agreement.
' ' � SECTION 5. AUTHOYtITY RESERVEU �
�-,
o Pursuant to RCW 36.70B.170(4) the City reserves its authority to impose new or different
M regulations to the extent required by a serious threat to public health and safety.
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<., SECTION 6. RECORDING
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rn Pursuant to RCW 36.70B.190, this development agreement shall be recorded with the real
� property records of King County. During the term of the;development agreement, the agreement
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' i�binding on the parties and their successors. I
SECTION 7. TERM '�
This development agreement runs in perpetuity with the Properties, unless amended or
rescinded by the City Council in accordance with the procedures of Section 8, below. With respect
to any portion(s)of the Property that are not developed, the parties to this development agreement
agree to evaluate the agreement periodically, but not less than every ten (10) years. Where
appropriate, periodic review of the development agreement shall generally coincide with the City's
evaluation of its entire Comprehensive Plan every ten years, pursuant to RMC Title 4 in effect at the
time of this agreement, or as thereafter amended. i
DEVELOPMENT AGREEMENT--Pa e 6 �
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SECTION 8. AMENDMENT �
;
The provisions of this agreement may only be amended with the mutual consent of the
parties;provided, however,that the owner(s)of portion(s)of the Property shall be entitled to amend
. the development agreement from time-to-time (with the consent of the City) as it relates to their
portion(s)of the Property. No additions or alterations of the terms of this agreement shall be valid
unless made in writing and formally approved and executed by the duly authorized agents of the City
and of the owner(s)of the portion(s) of the Property to which such amendment(s) relate. The City
shall consider proposed amendments to the development agreement after a public hearing by the
designated hearing body, and any amendments shall be adopted by ordinance or resolution of the
City Council, and thereafter recorded. � I
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�ATED tius i�th day c,f , 19?3. .
CI RENTON
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By:
Je Tanner, Mayor
L� 1
`T' Attest: rn/
f�
o Marilyn J. e er en, City i;lerk
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"' Approved as'to Form:
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� Lawrence J. Warren, Ci y Attorney
�
LA PIAN1'A LIMITED PART'NE�SHIP, a
Washington limited partnership
By: METRO LAND DEVELOPMENT, INC.,
a Washington corporation, its General
Partner
� By. � ii i . !c
� M.'A. Segale, resident Date �
DEVELOPMENT AGREEMENT--Page 7 ' i
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
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I certify that on the_�day ofrte�•, 1'999 JESSE TANNER 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 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 instrument, and that the seal
affixed, if any, is the corporate seal of said City.
1��-�I`� �
Uated: ',
, �
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Signature �
��yv� G� e.�.
Title
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My Appointment Expires ;
� STATE OF WASHINGTON )
"`' ) ss.
�
� COUNTY OF K1NG )
�
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P_ I certify that I know or have satisfactory evidence that M.A. SEGALE 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 president of METRO LAND DEVELOPMENT,
� INC., a Washington corporation, in its capacity as the general partner of LA PIANTA LIMITED
�' PARTNERSHIP, a Washington limited partnership, to be the free and voluntary act of such limited '
partnership for the uses and purposes mentioned in the instrumen`��``e,��e�o�`!�
� �. N A. P H ���
Dated: �� j / �� �SP��,,...e�naFl ���
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Title �4i�..��'Mq Y 1, 2°°�6i���
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DEVELOPMENT AGREEMENT--Page 8 ' �
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EXHIBIT A
COMPREHENSIVE �PLAN AMENDMENT 99-M-3
RS to RO and RPN
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Land use designation boundary
0 500 1 ,000
o Neighborhoods & Strategic Planning
� � . ED/N/SP � � '
O. Denntson 1:6 �0�
5 Oclober 1989 � •
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� �y ,.;r 'CITY OF RENTON�
� � Office of the City Attorney
x Jesse Tanner,Mayor Lawrence J.Warren;,�
�
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' ���� ���.���
- MEMORANDUM O ��� '��'� 1
E����C T 2 6 1999 i
�" ��_-AND STR e°pN`o`:r�n,T I
To: Rebecca Lind .�� '�F�. ,ti..
; -�., .a� t
��. ,. ;
� From: Lawrence J. Wanen, City Attorney _ _
Date: October 25, 1999
Subject: La Pianta Development Agreement ;
I have reviewed the above-referenced document and the same is approved as to legal form.
awrence J. W en
I.JW:as. �
cc: Jay Covington .
A8:167.24.
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� Post Office Box 626 -.1/0�0� S. 2nd Street - Renton, Washington 98057 - (425)255-8678
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