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HomeMy WebLinkAboutORD 5428CITY OF RENTON,WASHINGTON ORDINANCE NO.5428 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, AMENDING CHAPTER 9,PERMITS -SPECIFIC,OF TITLE IV (DEVELOPMENT REGULATIONS)OF ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON,WASHINGTON,"BY ADDING A PROVISION TO MAKE UNIFORM THE AMOUNT OF COST CONTRIBUTION TOWARD CITY CAPITAL PROJECTS REQUIRED OF PROPERTIES FOR WHICH FRONTAGE IMPROVEMENTS HAVE BEEN DEFERRED BY RESTRICTIVE COVENANT. WHEREAS,prior to December 5,2005,the City of Renton permitted the deferral of installation of frontage improvements for certain short plats that met established criteria,upon the recording of a restrictive covenant;and WHEREAS,on December 5,2005,by Ordinance 5170,the City of Renton revised its policy on allowing deferral of frontage improvements for short plats meeting established criteria; and WHEREAS,Ordinance 5170 eliminated the process of deferral by restrictive covenant requiring cost contribution for improvements from future property owners,replacing this with the requirement that the sub divider pay an up-front fee in lieu of required street improvements; and WHEREAS,there remain many properties with restrictive covenants recorded which require the owners to financially participate in a City initiated capital improvement project that provides street frontage improvements;and WHEREAS,the costs to property owners to financially participate in these improvements can be significantly higher than the costs sustained by current sub dividers who pay an up-front fee in lieu of required street improvements;and ORDINANCE NO.5428 WHEREAS,in order to make the costs of financially participating in a City capital improvement project that provides street frontage improvements more affordable and consistent with the costs of the fee in lieu of required street improvements; NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON,DOES ORDAIN AS FOLLOWS: SECTION I.Subsection 4-9-060C.9,Fee in Lieu of Required Street Improvements,of Chapter 9,Permits -Specific,of Title IV (Development Regulations)of Ordinance 4260 entitled "Code of General Ordinances City of Renton,Washington,"is hereby amended by adding a new subsection,to read as follows: g.Cost Contribution toward a City Capital Improvement Project for Properties in which Frontage Improvements have been deferred by Restrictive Covenant.Where restrictive covenants have been recorded against a property,requiring the property owner to pay their fair share of street frontage improvements installed as part of a City capital improvement project and the City undertakes such capital improvement project,the owners of said properties shall pay the City an amount consistent with RMC 4-9-060C.9.d,Amount of Payment of Fee in lieu of Street Improvements.This assessment must be paid in full within one year following notice from the City of such assessment,or the payment may be paid over a ten (10)year period,with three percent (3%)per annum interest on the unpaid balance.For payment over time,the owner shall receive a bill from the City for one-tenth (1/10 th )of the assessment plus interest. The first yearly payment must be paid within one year following the initial notice from the City of the assessment.Payments over time shall become a lien against 2 ORDINANCE NO.5428 the property.A notice of such lien specifying the charge,the period covered by the charge,and giving the address and property identification (PID)number shall be filed with the office of the King County Auditor.When the payment has been received by the City in full,a certificate of payment will be recorded with King County. SECTION II. thirty days after publication. This Ordinance shall be effective upon its passage,approval,and PASSED BY THE CITY COUNCIL this 17th day of November ~:..;;.LJ~ Bonnie 1.Walton,City Clerk ,2008. APPROVED BY THE MAYOR this 17th day of __N_ov_e_m_b_e_r ,2008. ~~~Dems Law,Mayor Approved as to form: c£.,,-.....<IIr~~.'-- Lawrence J.Warren,City Attorney Date of Publication:11/22/2008 (summary) ORD:1499:09/08/08:scr 3