Loading...
HomeMy WebLinkAboutORD 5094CITY OF RENTON,WASHINGTON ORDINANCE NO.5094 AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON, ESTABLISHING THE ZONING CLASSIFICATION (R-IO)FOR THE TYDICO ANNEXATION. WHEREAS,after public hearing,the City Council enacted a resolution calling for an annexation by election under RCW 35A.14.015 for an area commonly referred to as the Tydico Annexation,which area is the property generally bounded by the centerline of NE 3rd Place,if extended,on the north;the centerline ofSE 132nd Street,if extended,on the south;134th Avenue, if extended,on the west;and,Bremerton Avenue NE on the east,legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth;and WHEREAS,said resolution also called for an election on the proposition that all property located within the territory to be annexed,excluding street right-of-ways,simultaneous with the annexation,shall have imposed the City of Renton zoning regulations,consistent with the current Comprehensive Plan land use designation of Residential Single Family (RS)and a zoning designation ofR-8;and WHEREAS,an election was held pursuant to State statute;and WHEREAS,those voting approved R-8 zoning for the annexation,consistent with the September 2002 Comprehensive Plan designation of Residential Single Family (RS);and WHEREAS,the Comprehensive Plan Land Use Map was amended in November 2003, changing the land use designation for the Tydico Annexation site from Residential Single Family (RS)to Residential Options (RO).Therefore,the site must be rezoned to R-lO to be consistent with this latter designation;and WHEREAS,said R-I0 zoning is to be established after public hearing;and ORDINANCE NO.5094 WHEREAS,the first public hearing on zoning was held on November 24,2003,and the second public hearing was held on August 23,2004;and WHEREAS,the territory will also be annexed on this date by separate ordinance;and WHEREAS,development has been proposed for the annexed property and a Development Agreement negotiated for the property;and NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RENTON, WASIDNGTON,DO ORDAIN AS FOLLOWS: SECTION I.Zoning for the annexed area known as the Tydico Annexation, which is more particularly described by its legal description as set forth in Exhibit A and graphically shown on Exhibit B,attached hereto and incorporated in full by this reference,is hereby designated as R-IO,consistent with the current Comprehensive Plan designation of Residential Options (RO),subject to the terms and conditions of the certain Development Agreement entered into contemporaneously with this rezone,to be filed of record with the Auditor's office,a copy ofwhich Agreement is attached hereto as Exhibit C. SECTIONll.This ordinance,being an exercise of a power specifically delegated to the City legislative body,is not subject to referendum,and shall take effect five days after its passage,approval,and publication. PASSED BY THE CITY COUNCIL this 13th day of September Bonnie I.Walton,City Clerk 2 ,2004. ORDINANCE NO.5094 APPROVED BY THE MAYOR this 13th day of September ,2004. Approved as to form: Date ofPublication:9/18/2004 (summary) ORD.1128:8/23/04:ma 3 ORDINANCE NO.5094 Exhibit A TYDICO SITE ANNEXATION LEGAL DESCRIPTION The southeast quarter of the northwest quarter of the northwest quarter of Section 15, Township 23 North,Range 5 East,W.M.,King County,Washington;excluding street right-of-ways. tf!j ~=-.... 0-....-= [J 0 <> D oC3 oo CJ o 300 600 rIOm ocmo\om llO"":,m~ 1 :3600 o \[;:3oD ogJDo DID 1L I . I I I ....CJ::3'1 I LLJI UJ o ""I ~I I~1 ~ c::J [j~DO «~oo~0 HCJz~0 :r:-~z--C --j--J () --j--J cx:J t:tj D I I G CJleOCDf'!)0 ~z 0 C::J I n ['f) U o ."0 U1 00~ \ \[]~Q ~da St ORDINANCE NO.5094 EXHIBIT C DEVELOPMENT AGREEMENT PARTIES This agreement (this "Development Agreement"or "Agreement")is made and entered into this 12th day of July,2004,by and between the CITY OF RENTON ("City"),a municipal corporation of the State of Washington,and LIBERTY RIDGE L.L.C.,a Washington limited liability company,the owner of the parcels of property covered by this Development Agreement ("Owner"). RECITALS WHEREAS,on November 18,2002,the Renton City Council passed Resolution No. 3596 calling for annexation,by election,of certain territory described therein,and directing that, in conjunction with said election,a proposition be submitted to the electorate of that territory that,simultaneously with the annexation,the territory have imposed upon it the City of Renton zoning regulations,prepared under RCW 35.A.14.340,with a Comprehensive Plan designation of Residential Single Family (RS)and a zoning classification ofR-8;and WHEREAS,an application was made to the City of Renton on December 16,2002 for a Comprehensive Plan Land Use Map amendment and Zoning Map amendment of the Owner's property that is legally desc.nbed as follows (the "Property"): The southeast quarter of the northwest quarter ofthe northwest quarter of Section 15,Township 23 North,Range 5 East,W.M.,King County,Washington. EXCEPT roads. WHEREAS,the City has assigned City File Nos.LUA 02-113 A,ECF,R and 2003-M-14 to the Owner's requests;and WHEREAS,the Property (which is all of the private property lying within the territory of the annexation contemplated by Resolution No.3596)is currently located in unincorporated DEVELOPMENT AGREEMENT--Page 2 King County within the City's Potential Annexation Area;and WHEREAS,certain nonconforming uses are currently being made of portions of the Property (the "Nonconforming Uses");and WHEREAS,TYDICO,a Washington corporation ("Tydico"),is operating its construction business on the Property pursuant to a Lease between Owner and Tydico;and WHEREAS,at Owner's request,the City has commenced proceedings for annexation of the Property into the City and the election contemplated by Resolution No.3596 has been held with all of the propositions set forth therein having been approved by the electorate;and WHEREAS,the owner sought to have the Property,which is approximately 9.46 acres in size,given a Residential Options (RO)Land Use Map designation to allow Residential 10 Dwelling Units Per Acre (R-I0)zoning;and WHEREAS,the Owner is willing to have the City impose Residential 10 Dwelling Units Per Acre (R-IO)zoning subject to this Development Agreement that would embody the site- specific restrictions that are set forth in Section 3,below upon annexation. WHEREAS,staff members of the City's Department of Economic Development, Neighborhoods and Strategic Planning and of the City's Department of Planning/Building/Public Works have reviewed the Site-Specific Restrictions and concur that they are appropriate;and WHEREAS,the Planning Commission held a public hearing concerning the proposed Comprehensive Plan Map Amendment and Zoning Map Amendment on October 15,2003;and WHEREAS,on November 24,2003,the City Council adopted a Planning and Develop~ent Committee report concerning the request and amended the City's Comprehensive Plan Land Use Map to designate the Property Residential Options (RO);and WHEREAS,in view of the already-passed annexation election proposition concerning the territory initially having an R-8 zoning classification when the annexation occurs,the Property is to be initially annexed into the City with that zoning classification but,immediately thereafter,the zoning is to be changed to R-IO in order to be consistent with the Property's Residential Options (RO)Comprehensive Plan Land Use Map designation and the provisions of this Development Agreement;and WHEREAS,on November 17,2003,this Development Agreement was presented at a public hearing before the City Council;and WHEREAS,the City Council has taken into account the public comment presented at DEVELOPMENT AGREEMENT--Page 3 that public hearing;and WHEREAS,this Development Agreement is premised on the Property being annexed to the City of Renton and will be of no force or effect if that annexation is not realized within six (6)months following the date that this Agreement is executed by both parties;and 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; NOW,THEREFORE,the parties do agree as follows: SECTION 1.AUTHORITY 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 provisions that shall apply to,govern,and vest the development,use, and mitigation of the development of the real property for the duration of such development agreement. SECTION 2.SUBJECT PROPERTIES A.Illustrative Map:The drawing attached hereto as Exhibit A graphically depicts the Property. B.King County Property Identification Numbers:The following list indicates the King County Property Identification Nmnbers applicable at the time of this Development Agreement:5182100049,5182100050 and 5182100051. SECTION 3.ZONING SUBJECT TO SITE-SPECIFIC CONDITIONS: A.Site-Specific Restrictions.The parties hereby agree that the following site-specific conditions (the "Site-Specific Restrictions")shall apply to the Property in conjunction with the R-10 Zoning Classification described in subsection B,below: (1)All residential buildings shall be detached single-family residential buildings (i.e.,contain only one residential unit per building); (2) All future residential lots within the Property that directly abut the Property's south boundary shall have a minimmn width of 50 feet;and DEVELOPMENT AGREEMENT--Page 4 (3)The net residential density of any development of the Property shall not exceed 10 dwelling units per acre. B.Zoning Classification:The parties agree that the Property is to be reclassified to the Residential-IO Dwelling Units Per Acre (R-IO)zoning classification as soon as possible, subject to the Site-Specific Restrictions set forth above. SECTION 4.RELINQUISHMENT OF NONCONFORMING USE RIGHTS; CESSATION OF TYDICO'S BUSINESS OPERATIONS ON THE PROPERTY A.Relinquishment of Nonconforming Use Rights:Effective the day before the effective date of the annexation of the Property into the City,the Owner hereby relinquishes its right to continue the Nonconforming Uses of the Property. B.Cessation of Tydico's Construction Operations on the Property:Not later than the day before the effective date of the annexation of the Property into the City,Owner shall cause (I)Tydico to cease its construction operations on the site and (2)the removal of all remaining storage of construction related equipment and stockpiled materials (such as ecology blocks,traffic cones,barriers and construction related signs)that are now stored on the northern half of the site. SECTION 5.EFFECT OF DEVELOPMENT AGREEMENT Unless amended or tenninated,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 to a development regulation or 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 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 Property during this Development Agreement's term must be consistent with this Development Agreement.' SECTION 6.AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4),the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. DEVELOPMENT AGREEMENT--Page 5 SECTION 7.RECORDING 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 shall be binding on the parties and their successors and assigns. SECTION 8.TERM This Development Agreement shall run with the Property until amended or rescinded by the City Council in accordance with Section 8,below.With respect to any portiones)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.. SECTION 9.AMENDMENT The provisions of this 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)ofportion(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 particular portiones)of the Property.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. SECTION 10.TERMINATION IF ANNEXATION NOT REALIZED The Property is currently in the process of being annexed into the City of Renton.This Development Agreement will terminate and be of no force or effect if that annexation is not realized within six (6)months following the date that this Agreement is executed by both parties. CITY OF RENTON By:if%4 ~/tJ~ Kath)TI&olker-Wheeler,Mayor r~;'1-)()()'I Attest:~'.J.W~ Bonnie I.Walton 'City Clerk DEVELOPMENT AGREEMENT--Page 6 Approved as to Form: d;~Lawrence J.Warren,ty Attorney LIBERTY RIDGE L.L.C.,a Washington limited liability company BY:~~~ Donald J.Me I ,Manager STATE OF WASHINGTON) )ss . .COUNTY OF KING ) I certify that on the 7tdili day of ~t ,2004 KATHY KEOLKER-WHEELER appeared before me and acknowledge that she signed the instrument, on oath stated that she 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 the seal affixed,if any,is the corporate seal of said City. SIgnature !J'L a j h I .M lU'l~t /V{UvYtA.-tI/Y1 Print Name Notary Public DEVELOPMENT AGREEMENT--Page 7 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 a manager of LIBERTY RIDGE L.L.C.,a Washington limited liability company,to be the free and voluntary act of such company for the uses and purposes mentioned in the instrument. (print or type name) NOTARY PUBLIC in and for the State of Washington,residing at ~Ih q My Commission expires:2-10 ~"Z007. Dated this ~day of_-'-'--'=...Jo-::=r-~_: C:\CF\2418\028\Comprehensive Plan Arnendment\Dev-Agmt.F3.doc DEVELOPMENT AGREEMENT--Page 8 EXHIBIT A E 4t St 600300 1:3600 o The "P'ropert)''' -- Tydico Zoning (200S-M-14) R·10e Economic Development,Neighb.orhoods &S/Tlllegic Planning +lID +Ale.Pietsch.Administralor ~G.Del Rosario.HlIri'9 19 November 2003