HomeMy WebLinkAboutRC 20001013000487 •
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WHEN RECORDED RETURN TO: 10001 001101 011
Office of the City Clerk
1055 City Grady Way 20001013000487
Renton, WA 98055 CITY OF RENTON AMND 16.00
PAGE 001 OF 009
10/13/2000 10:12
KING COUNTY, WA
FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
PARTIES
This FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this "First
Amendment") 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, on the one
hand, and LA PIANTA LLC, a Washington limited liability company, and LIBERTY RIDGE
L.L.C., a Washington limited liability company, the owners of the parcels of property within the
area covered by this First Amendment (collectively, the "Owners") on the other hand.
RECITALS
WHEREAS, on March 31, 1999, LA PIANTA LIMITED PARTNERSHIP, a
ozi Washington limited partnership (the then-owner of the following described property) made
application to the City of Renton for Comprehensive Plan Land Use Map amendments and
Zoning Map amendments of the property that is legally described as follows (the"Property"):
GD
CrD
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, UNDER RECORDING NUMBER 9604239004,
RECORDS OF KING COUNTY, WASHINGTON; BEING A PORTION OF
SECTION 16, TOWNSHIP 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.
WHEREAS, in response to that application, the City and La Pianta Limited Partnership
ultimately entered into a Development Agreement dated November 18, 1999 and recorded under
King County Recording No. 19991213000395 (the "Original Development Agreement") which,
upon the terms and conditions set forth therein (including various "Site-Specific Restrictions"),
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT--Page 1
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established that (1) a portion of the Property (legally described and referred to therein as the
"RO Area" and encompassing approximately 74.05 acres) would have a Residential Options
(RO) Land Use Map Designation and R-10 zoning, and (2) the remainder of the Property
(legally described therein and referred to therein as the"RPN Area" and encompassing 20 acres)
would have a Residential Planned Neighborhood (RPN) Land Use Map designation and
corresponding R-14 zoning; and
WHEREAS, on December 13, 1999, La Pianta Limited Partnership made application to
the City to (1) amend the Comprehensive Plan Land Use Map designation of the RPN Area to
Residential Options (RO) and amend the zoning classification of the RPN Area to R-10, (2)
amend the Comprehensive Plan Land Use Map designation of a small portion of the RO Area
near its northwest corner as well as a small area lying to the west and northwest thereof to
Convenience Commercial (CC) and amend the zoning classification of that same property to
Convenience Commercial (CC)1, and (3) amend the Site-Specific Restrictions set forth in the
Original Development Agreement; and
WHEREAS, the City has assigned City File No. LUA 99-179, ECF,R,CPA (00M4) to
that application; and
WHEREAS, on April 14, 2000, a new lot line adjustment, City of Renton Boundary Line
Adjustment No. LUA-00-020-LLA, was recorded under King County Recording No.
2000041900001; and
WHEREAS, the new lot line adjustment encompasses both (1) the Property and (2)
Parcels 6 and 7 of City of Renton Lot Line Revision File No. LUA-95-200 LLA, recorded in
Book 108 of Surveys page 276, 276A and 276B, under Recording No. 9604239004, Records of
King County, Washington; and
OC` WHEREAS, during April 2000, La Pianta LLC succeeded to La Pianta Limited
Partnership's interest in both (1) the Property, and (2) above-mentioned Parcels 6 and 7 of City
of Renton Lot Line Revision No. LUA-95-200-LLA; and
WHEREAS, on or about May 1, 2000, La Pianta LLC conveyed to Liberty Ridge L.L.C.
Lots 1, 3, 4, 7 and 8 of City of Renton Boundary Line Adjustment No. LUA-00-020-LLA; and
WHEREAS, the Owners are willing to have the requested comprehensive plan
C" amendment and zoning amendment of the RPN Area granted subject to the original Site-
Specific Restrictions being amended to be as set forth in Section 3, below and to apply to the
entire portion of the Property that will hereafter be Land Use Mapped RO and zoned R-10,
which portion of the Property is legally described as follows (the"Amended RO Area"):
1 The CC area is the subject of a new and separate development agreement between the
City and Liberty Ridge L.L.C., the current owner of that property.
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT--Page 2
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Lots 2, 7 and 8 of City of Renton Boundary Line Adjustment No. LUA-00-020-
LLA and those portions of Lots 1, 4, 5 and 6 of City of Renton Boundary Line
Adjustment No. LUA-00-020-LLA lying north of Parcels 6 and 7 of City of
Renton Lot Line Revision No. LUA-95-200-LLA, recorded in Book 108 of
Surveys page 276, 276A and 276B, under Recording No. 9604239004, Records
of King County, Washington.
WHEREAS, on May 3, 2000, the Planning Commission held a public hearing
concerning the proposed Comprehensive Plan Land Use Map Amendments and Zoning Map
Amendments and the amendments to the Original Development Agreement; 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 comment presented at
the Planning Commission public hearing; and
WHEREAS, this First Amendment has been reviewed and approved by the City Council
of the City of Renton, Washington; and
WHEREAS, this First Amendment appears to be in the best interests of the citizens of
the City of Renton, Washington;
WHEREAS, for convenience of the parties the Original Development Agreement as
amended by this First Amendment is hereinafter referred to as the "Amended Development
Agreement";
NOW, THEREFORE, the parties hereby amend the Original Development Agreement as
c' follows:
CD
Cr' SECTION 1. SUBJECT PROPERTY
The entire text of Section 2 of the Original Development Agreement is hereby replaced
with the following text:
e'`° A. Illustrative Map: The Amended RO Area is graphically represented in the
drawing attached hereto as Exhibit A.
B. King County Property Identification Numbers: The following list indicates the King
County Property Identification Numbers that relate to the Amended RO Area: 162305-
9006-05, 162305-9061-07, 162305-9010-09, 162305-9027-00, 162305-9131-03,
162305-9009-02, and 162305-9007-04.
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT--Page 3
SECTION 2. COMPREHENSIVE PLAN LAND USE MAP DESIGNATIONS AND
ZONING SUBJECT TO AMENDED SITE SPECIFIC RESTRICTIONS
The entire text of Section 3 of the Original Development Agreement is hereby
terminated and replaced with the following text:
A. Site-Specific Restrictions. The parties hereby agree that the following amended site-
specific conditions (the "Amended Site-Specific Restrictions") shall apply to the
Amended RO Area in conjunction with the Comprehensive Plan Land Use Map
Designation described in Subsection C, below:
(1) The overall number of residential units of any type will not exceed
436 units;
(2) The overall number of flats/attached or townhouse units will be
limited to 78 units and the number of units in any building to 4
units;
(3) Permitted residential development will be limited so that the
number and type of residential units will not be expected to
generate more than 4,172 average daily trips as calculated under
the 1997 Institute of Transportation Engineers (ITE) Manual
(subsequent updates to the ITE Manual may not be used to
increase unit count); and
cot (4) Permitted residential development in the Amended RO Area will
cbe limited so that the total impervious surface coverage due to
development will not exceed a total of 45.04 acres.
�-. B. Comprehensive Plan Map Designations: The parties agree that, subject to the
Amended Site-Specific Restrictions listed in Subsection A, above, the Amended RO
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Area shall have a Residential Options (RO)Land Use Map designation.
C. Zoning: The parties further agree that, subject to the Amended Site-Specific
Restrictions listed in Subsection A, above, the Amended RO Area shall have an R-10
zoning classification.
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT--Page 4
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SECTION 3. EFFECT OF AMENDED DEVELOPMENT AGREEMENT
The entire text of Section 4 of the Original Development Agreement is hereby
terminated and replaced by the following text:
Unless amended or terminated, the Amended Development Agreement
shall be enforceable during its term by a party to this First Amendment; provided,
however, only the City may enforce the Amended Site-Specific Restrictions.
Development of the Amended RO Area 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 First Amendment,
unless (a) otherwise provided in the Amended Development Agreement as
hereby amended or (b) agreed to by the owner(s) of any of the portion(s) of the
Amended RO Area to which such new zoning ordinance or an amendment to a
zoning ordinance or a 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 Amended
RO Area during the term of the Amended Development Agreement must be
consistent with the Amended Development Agreement. The Amended
Development Agreement shall only apply to the Amended RO Area; all
portion(s) of the Property lying outside of the Amended RO Area are hereby
released from the Original Development Agreement and the Amended
Development Agreement.
SECTION 4. RECORDING
Pursuant to RCW 36.70B.190, this First Amendment shall be recorded with the real
r``r property records of King County. During the term of the Amended Development Agreement,
the Amended Development Agreement shall be binding on the parties and their successors.
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SECTION 5. TERM
The entire text of Section 7 (Term) of the Original Development Agreement is hereby
terminated and replaced by the following text:
This Amended Development Agreement shall run with the Amended RO
Area until amended or rescinded by the City Council in accordance with Section
8 (Amendment), below. With respect to any portion(s) of the Amended RO Area
that are not developed, the parties to this Amended Development Agreement
agree to evaluate the Amended Development Agreement periodically, but not
less than every ten (10) years from the date of the First Amendment. Where
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT--Page 5
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appropriate, periodic review of the Amended Development Agreement shall
generally coincide with the City's evaluation of its entire Comprehensive Plan.
SECTION 6. FUTURE AMENDMENT OF THE AMENDED AGREEMENT
The entire text of Section 8 (Amendment) of the Original Development Agreement is
hereby terminated and replaced by the following:
The provisions of the Amended Development 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 Amended RO Area shall
be entitled to amend the Amended Development Agreement from time-to-time
(with the consent of the City) as it relates to their particular portion(s) of the
Amended RO Area. 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.
Except as herein amended the Original Development Agreement remains unchanged.
DATED this 15th day of September, 2000.
CITY OF RENTON
" F FFl 47/•, By: d
Jess-d► nner, Mayor
Aeg,
Ce' S
EALs.,
• Attest: ����
`•*. fc. Marilyn J./. 01
et- sen, City Clerk
it:DY
cza Approved as to Form:
C/Ctoto0""*",12AA-e-P af/t}e4/r"./2.04.0.".
Lawrence J. Warren, City Attorney
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT--Page 6
LA PIANTA LLC, a Washington
limited liability company
By: METRO LAND DEVELOPMENT, INC,
a Washington Corporation, Manager
BY:
M.A. Segale, Pr ident
Date
LIBERTY RIDGE L.L.C.,
a Washington limited liability company
By:
Donald J. M6Aino, Manager
Date 7 - /8-0 O
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that on the P—q day of 2000 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,
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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.
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FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT--Page 7
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this t="1/ day of September, 2000, before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, personally appeared M. A. SEGALE, to me
known to be the person who signed as President of Metro Land Development, Inc., Manager of LA
PIANTA LLC, the limited liability company that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said corporation and of said
limited liability company for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument on behalf of the corporation and that the corporation was
authorized to execute said instrument on behalf of the limited liability company.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above
written.
Dated: /4//se57) _=PN ?' P
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Title �! �` r 20oti.,°j'
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STATE OF WASHINGTON )
ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that DONALD J. MERLINO 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 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.
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FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT--Page 8
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