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Home My WebLink AboutORD 5626CITY OF RENTON, WASHINGTON ORDINANCE NO. 5626 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON (BARBEE MILL SUBDIVISION) FROM COMMERCIAL OFFICE RESIDENTIAL (COR) TO RESIDENTIAL 10 UNITS PER NET ACRE (R-10) ZONING (FILE NO. CPA 2011-M-05). WHEREAS, under Section 4-2-020 of Chapter 2, Zoning Districts - Uses and Standards, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton, Washington" as amended, and the maps and reports adopted in conjunction therewith, the property herein below described in has been zoned as Commercial Office Residential (COR); and WHEREAS, the property owner and the City of Renton initiated a proceeding for change of zone classification of the properties; and WHEREAS, this matter was duly referred to the Planning Commission for investigation, study, and public hearing, and the public hearing having been held on or about June 1, 2011; and WHEREAS, the zoning request being in conformity with the City's Comprehensive Plan; and WHEREAS, the City of Renton has entered into a Development Agreement associated with the requested rezone as show in Attachment "B", and WHEREAS, the Development Agreement would limit the construction of single family homes to the water front lots of the Barbee Mill sub-division; and 1 ORDINANCE NO. 5626 WHEREAS, the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support or opposition; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The following property in the City of Renton is hereby rezoned to Residential 10 dwelling units per net acre (R-10) as herein below specified. The Planning Division is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence the rezoning, to-wit: See Attachment "A" attached hereto and made a part hereof as if fully set forth herein. SECTION II. This ordinance shall be effective upon its passage, approval and five (5) days after publication. PASSED BY THE CITY COUNCIL this 19th day of September , 2011. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 19th day of September , 2011. Denis Law, Mayor 2 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: 9/23/2011 (summary) ORD.1728:9/6/ll:scr ORDINANCE NO. A.TTACHMJNT "A^ S Luke Washington yy. yy. W 1 y . I yy. if i f j i i 1 (si 39tir-Ri- N Private Rd I n rr \—r File: H:\CED\Planning\OIS\GIS_projects\:omplan_amendfnenPi August 9, 2011 2011\cpa11_m05\Mxds\cpa11_m05_zoning_R14_ordinance.mxd 1,000 rFRRt 1:5,000 CPA 2011 - M05: Barbee Mill Zoning t\ CPA 2011 - M05 Boundary Community & Economic Development Alex Pietsch, Administrator Adriana Abramovich, Planning Technician I City Limits Change Zoning Designation from COR (Commercial-Office-Residential) to R-10 (Residential 10 units per Net Acre) ORDINANCE NO. 5626 ATTACHMENT "B" DEVELOPMENT AGREEMENT CITY OF RENTON and CONNER HOMES AT BARBEE MILL, LLC This DEVELOPMENT AGREEMENT is entered into this /?^day of jy^^ 2011, between the City of Renton ("City"), a noncharter code city under RCW 35A., a Washington municipal corporation, and Conner Homes at Barbee Mill, LLC ("CHBM"), a Washington corporation, (hereinafter the "Parties). RECITALS A. This agreement pertains to the following described property (hereinafter "Property"): The Plat of Barbee Mill, (hereinafter "Plat"), as recorded in Volume 246 of Plats, Pages 25 through 39, records of King County; all situate in Section 32, Township 24 North, Range 5 East, W.M., in the City of Renton, King County, Washington; B. The Property is approximately 22.90 acres in size and rests between Lake Washington, which is to the east, and Lake Washington Boulevard, which is to the west; C. The Property is currently zoned as Commercial Office Residential (COR); D. CHBM has requested that the City rezone the site from COR to Residential 10 (R-10) dwelling units per net acre. The- R-10 zone permits both single family residential development and attached residential development, and up to 10 dwelling units per acre; E. The City is in the process of changing the land use designation and zoning for the Plat; however, approval of the requested rezone is subject to this Agreement; F. The Parties' intent is for the City to permit the development and construction of detached single family homes on Lots 23 - 48 of the Plat and restrict the construction of detached single family development for all other lots included in the Plat; and G. All the original conditions of the Plat will remain in effect and apply to all lots within the development unless specifically modified in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual benefits and duties set forth in this Agreement, the City of Renton and Conner Homes at Barbee Mill, LLC agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the Parties' respective rights, roles and responsibilities relating to the project. 2- Parties and Authority. The signatories to this Agreement represent that they have the authority to commit to and bind their respective entities to all of the terms of this Agreement, to perform the obligations hereunder and to execute the same. 3- Scope of Work. The scope of work is limited to CHBM development of single family homes on CHBM Lots 23-48. 4. Zoning of Property. CHBM hereby consents to and agrees to only developing detached single family residential homes on Lots 23 - 48 of the Plat. All other lots included as a part of the Plat shall not be developed, converted or made into detached single family residential homes. 5. Remaining Lots. The maximum density for the remaining lots remains unchanged as originally approved through the Barbee Mill subdivision approval. The conditions provided for in the Statutory Warranty Deed for the Plat, shall continue to apply in full force and effect, unless the Renton City Council expressly chooses to waive, alter, or eliminate any or all of the conditions. 6. Docks. The .original approval for Plat permitted owners of lots which have frontage on Lake Washington to have the right to apply for permits for the construction of joint-use docks. (A "joint-use dock" is a single dock serving two adjoining lots, typically straddling the common property line between the two lots). Owners of lots which are developed as a single family home will maintain the ability to apply for permits for the construction of joint-use docks, sharing the dock with the abutting unrelated and separate land owner. 7. Consideration. When the Barbee Mill plat is rezoned to R-10, CHBM will be permitted to develop single family homes on Lots 23 - 48. In exchange, the parties agree that the City of Renton may and does prohibit the development of single family homes on the remaining lots of the Plat. 8- Duration and Termination. This agreement will terminate as it relates to the restriction on developing single family homes in the Plat with the exception of Lots 23 - 48, if the property is rezoned or if the parties mutually agree. Before any construction is physically initiated, the parties may mutually agree to terminate this Agreement after providing the other party with thirty (30) days written notice. Construction being physically initiated is evaluated from the time the letter to terminate this Agreement has been mailed. This Agreement terminates ten (10) years from the date that it is executed. It will revert to the Renton Municipal Code that exists at that time 10 years from the date that this Agreement was executed. Page 2 of 5 10. Liability. The City shall not be liable for any loss due to monetary, damage, property damage or any injury to persons arising out of the activities conducted pursuant to this agreement. Washington State law shall govern the any legal questions that arise. Voluntary Agreement. The Parties intend and acknowledge that this Agreement is a voluntary contract binding upon the Parties hereto, as well as their successors and assigns. 11 • Amendment of Agreement. This Agreement shall only be amended in writing, signed by all Parties to this initial Agreement and only after approval by the Renton City Council. 12- Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the successor and assigns of the Parties hereto. 13 • Third-Party Beneficiaries. There are no actual or intended third-party beneficiaries to this Agreement as this Agreement is not intend to, nor does it convey any rights or standing to any persons other than the Parties. 14. Transferability. This Agreement is not transferable without the express approval of the Renton City Council. Dated as of the day and year first above written. CITY OF RENTON CONNER HOMES AT BARBEE MILL LLC By_ %^jtU^(TMAr B Printed Name Denis Law Printed Name £HMUL£ f= ^QM^I Title Mayor Title M AhJ A^kMA ATTEST Bonnie I. Walton, City Clerk Approval to Form —— _ 1_|— • C |_ Lawrence Warren, City Attorney \ ' 1 f' STATE OF WASHINGTON ) COUNTY OF KING ) ss. ) I Jiereby certify that I know or have satisfactory evidence that \). oC v of 46 Clty of Renton, a Washington municipal corporation, and is the person who appeared and acknowledged that he/she signed this instrument on behalf of such City, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the free and voluntary act of such City for the uses and purposes mentioned in this instrument. DATED: °j- \C\ - I ^vCyvxuCr HVk ftrintName)" Notary Public ^ Residing at \y My appointment expires: STATE OF WASHINGTON ) COUNTY OF KING ) ss. ) I hereby certify that I know or have satisfactory evidence that Clkc^rW^^^ the j YV.^YA of Conner Homes at Barbee Mill, LLC, a Washington corporation, and is person who appeared and acknowledged that he signed this instrument on behalf of such corporation and company on oath stated that he was authorized to execute the instrument and acknowledged it as the free 'and voluntary act of the corporation for the uses and purposes mentioned in this instrument. DATED: Notary,^ ^vf Off WkfW Notary Pub Residing at VL (Print Nam^T My appointment expires: ffi^H 2-cnLj Page 4 of 5