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HomeMy WebLinkAboutA 19991213000395 , d , • ,, -' �� -, ' 1999121300.0395 ' � , � 12G13%/999�10025 I 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 8�+t, .c��;�,�cv� 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"). o-� c�-7 � RECITALS ' o � p . . WHEREAS the Owner made a lication to the Cit of Renton on March 31 1999 for , PP Y , �-- 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"): ' �� � 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 '�, , a r � , , � ' �� i 7 � . 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 � I , . , , � ., , � , ' , , , � 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. o-� �' 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 �I' . , - ' � � • • ' � WHEREAS to ensure that tius em hasis will be achieved the Owner has had three different , P , � 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; � '� �� 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 � 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; � � (4) The overall number of flats (which would jonly be constructed in the RPN DEVELOPMENT AGREEMENT--Page 4 , . • , , 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 ; � 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; � � NOW, THEREFORE, the parties do agree as follows: « ; � � � SECTION 1. AUTHORITY �I � 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. o> � 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 � � � � • I 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. �_ <., SECTION 6. RECORDING r-- 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 �-- ' 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 � g , I 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 �� � �ATED tius i�th day c,f , 19?3. . CI RENTON ..--' � By: Je Tanner, Mayor L� 1 `T' Attest: rn/ f� o Marilyn J. e er en, City i;lerk o , "' Approved as'to Form: r— cv r— erY � 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 i ; , . . I STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) ��N:9kVt� 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: ', , � �-�rn�-��,�� " � ' Signature � ��yv� G� e.�. Title �'�--�'��' My Appointment Expires ; � STATE OF WASHINGTON ) "`' ) ss. � � COUNTY OF K1NG ) � � � 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 ��� i i� �1��1�k ,�.�"�Yij, Q��� /���—'�'_r"� e �� �sd�t&�Yi�� ���;, '�j � � Sig at e , y ;" �' �►• i il I � , ; cn : ,��t�'(���i :� i / •1' ; o s� Title �4i�..��'Mq Y 1, 2°°�6i��� �`y4 'w^ .� � �� t� �,*�Y&4�l�y,l��' M Oge �,i�" ��&a`t� ,�„v My Appoi tment Expires � � f ,�,,y .� �. I � P+li`1, 4+`'� ��CF�2009\040\dev-agrmt�AgntF6 � DEVELOPMENT AGREEMENT--Page 8 ' � � ; I ',� � r � . . � . , J, � ' , , , � • • r • ' EXHIBIT A COMPREHENSIVE �PLAN AMENDMENT 99-M-3 RS to RO and RPN w E ��a 5� � Q � N , � � o � � 0 � RO � RPN � � �', � � c-7 c o I 0 m �- R 0 N � . � O7 ^ � ON�� � /%�� RC, (no change) �y I I � � Land use designation boundary 0 500 1 ,000 o Neighborhoods & Strategic Planning � � . ED/N/SP � � ' O. Denntson 1:6 �0� 5 Oclober 1989 � • � � . I - � �y ,.;r 'CITY OF RENTON� � � Office of the City Attorney x Jesse Tanner,Mayor Lawrence J.Warren;,� � i . ' ���� ���.��� - 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 . 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