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Home My WebLink AboutITEM VIII-B-1 AGENDA BILL APPROVAL FORM Department: Planning Attachments: Resolution No. 4007; February 6, 2006 letter from Eighth Street Partners, LLC Administrative Recommendation: Cit Council to introduce and ap rove Resolution No. 4007. Backaround Summary: Date: 4/12/2006 Budget Impact: NA Aaenda Subiect: Resolution No. 4007 In July 1968 the Auburn City Council approved Ordinance No. 2243 for a rezone of the property located at 1320 8th Street NE from R-2 Single-Family Residential to C-1 Light Commercial. The rezone was intended to allow for commercial development. In June 1968, prior to the adoption of the ordinance an agreement between a prior owner, their contractor and the City of Auburn was executed. One of the conditions required the establishment of a 50' buffer strip/green belt along the southern section of the property. Requirement of this buffer was likely intended to reduce the impacts of the forthcoming commercial development adjacent to residential uses to the south. In February 2006, the City of Auburn received a letter from the current property owner, Eighth Street Partners, LLC requesting a reduction in the width of the green belt from 50' to 30'. The reduction would facilitate the expansion of their parking lot adjacent to their dental practices. In evaluating the request, staff finds that the remaining 30' wide buffer would still exceed the current adopted code standard for a 5' wide Type I landscape buffer between the subject property currently zoned C-1 Light Commercial and the R-2 Single-Family Residential property to the south. Based on consultation with the City Attorney's office, the appropriate remedy for the Eighth Street Partners, LLC request is to amend the agreement to reflect the reduced buffer. 03.8, A3.13.11 omml ees: ~UNCIL COMMITTE Finance Municipal Servo Planning & CD Public Works Other s IVISlons: M&O Mayor ParKs Planning Police Human Resources Action: Committee Approval: Council Approval: Referred to Tabled 8Yes 8NO Yes No Call for Public Hearing ~~_ Until / / Until ,-r- Staff: Krauss Item Number: VIII.B.1 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 4007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE JUNE 11, 1968 AGREEMENT BETWEEN THE CITY AND ROBERT AND LOU BELLE KLONTZ AND LANDMARK CONSTRUCTORS INC. TO ALLOW FOR A NARROWER LANDSCAPE GREENBELT WHEREAS, Ordinance No. 2243 authorized the rezoning of property owned by Robert and Lou Belle Klontz; and WHEREAS, prior to adoption of Ordinance No. 2243, the City and the Klontzes entered into an agreement setting forth a number of conditions to be placed on the Klontz property should the City adopt the rezone, including the establishment of a green belt over the southernmost fifty feet of the property; and WHEREAS, the Klontz property was subsequently subdivided, and WHEREAS, the current owners of a lot subject to the fifty foot green belt requirement wish to amend the agreement to reduce the width of the green belt over their property to thirty feet in width, thereby facilitating expansion of their parking lot; and WHEREAS, such a green belt is not, and has never been, a code requirement under the Auburn City Code; and Resolution No. 4007 April 11, 2006 Page 1 WHEREAS, Ordinance No. 2243 neither referenced the agreement nor specified its terms, and consequently the agreement may be amended without impacting Ordinance No. 2243; and WHEREAS, the City Council finds that such an amendment to the agreement allows for a sufficient buffer between the commercial uses on the subject property and the adjoining residential uses. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an amendment to the June 11, 1968 agreement between the City of Auburn and Robert and Lou Belle Klontz and Landmark Constructors Inc., which shall be in substantial conformity with the Amendment attached hereto as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4007 April 11, 2006 Page 2 Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. DATED and SIGNED this _ day of CITY OF AUBURN Attest: Danielle E. Daskam City Clerk Resolution No. 4007 April 11, 2006 Page 3 PETER B. LEWIS Mayor 2006. Exhibit "A" Resolution No. 4007 AMENDMENT TO AGREEMENT City of Auburn This Agreement, entered into by and between the City of Auburn ("City") and Eighth Street Partners, LLC, ("Owner") serves as an amendment to the June 11, 1968 Agreement between the City and Robert C. Klontz, Lou Belle Klontz, and Landmark Constructors Inc. recorded under King County Auditor's File No. 6378283 ("Agreement"). WHEREAS, the Owner is successor in interest to Robert C. Klontz, Lou Belle Klontz, and Landmark Constructors Inc. regarding a portion of the real property that was the subject of the Agreement; and WHEREAS, the following amendment to the Agreement only impacts the Owner's portions of the property, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE PARTIES HEREBY AGREE AS FOLLOWS: Section 1. Amendment. Section 2( c) of the Agreement is hereby amended to read as follows: c. The Parties of the Second Part agree to establish a 50 foot buffer strip, otherwise known as a green belt, on that portion of the C-1 property that is adjacent to Massey's First Addition: provided. said buffer strip shall be 30 feet in width over the Southernmost portion of Lot B of City of Auburn Lot Line Adjustment - 0003-97. recorded under King County Auditor's File No. 9702271491. King County. W A (Tax Lot No. 1821059329:). and further provided, the Parties of the Second Part, their successors end assigns, are hereby required to maintain said green belt in perpetuity and shall plant and cause to grow screening type shrubs and/or trees in conformance with the requirements of the Park Board of the City of Auburn. It is further agreed by and between the Parties hereto, that the Parties of the Second Part shall construct a suitable screening type fence to the said Park Boards [sic] requirements if said Park Board 1 determines that the existing fences are not adequate to provide a screening type effect. Section 2. Remaininl! Terms of the Al!reement Unaffected. Except as specifically set forth above, this Amendment does not alter the terms of the Agreement, which shall remain in effect as executed. IN WITNESS WHEREOF, the parties have caused this agreement to be signed and executed as of this _ day of _,2006. CITY OF AUBURN EIGHTH STREET PARTNERS, LLC PETER B. LEWIS MAYOR By: ATTEST: Danielle Daskam City Clerk APPROVED AS TO FORM: Daniel B. Reid, City Attorney 2 STATE OF WASHINGTON) ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that Peter B. Lewis and Danielle Daskam are the persons who appeared before me, and said persons acknowledged that they signed this instrument under oath, stating that they were authorized to execute the instrument and acknowledged it, as the Mayor and City Clerk for the City of Auburn, respectively, to be the free and voluntary acts of such parties for the uses and purposes mentioned in the instrument. DATED this day of ,200_. Notary Public in and for the State of Washington, residing at My commission expires: STATE OF WASHINGTON) ) ss: COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument under oath, stating that he/she was authorized to execute the instrument and acknowledged it, as the for Eighth Street Partners LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED this day of ,200_. Notary Public in and for the State of Washington, residing at My commission expires: 3 February 6, 2006 Mr. Paul Krauss Planning and Community Development Director City of Auburn 20 West Main Street Auburn, WA 98001 Re: Tax Lot No. 1821059329 Buffer Agreement Dear Mr. Krauss: We are owners of the above referenced parcel at 1320 8th Street NE, Auburn, WA. Three dental practIces occupy the building. Together with the building to our west at 1314 8th Street NE, Auburn, WA, which is occupied by two dentists, a doctor, Seattle Mental Health, and an engineering firm, we together need additional parking. The south fifty feet our parcel was designated as a landscape buffer in an agreement dated, July 1, 1968, between the City of Auburn and Robert and Lou Klontz and Landmark Construction, Inc. At the time that was done, it was proposed to use the strip of property from Scooty Brown Park, West to Harvey Road, for a shopping center. The current use of the property is for medical-dentallprofessional practices, Windermere Realty, and Seven Eleven on the westerly portion adjacent to Harvey Road. We respectively request the City of Auburn to revise the agreement on our parcel to allow the north twenty feet of the landscape buffer to be used for parking leaving a thirty foot buffer between the parking area and the adjacent residential property to the south. Very Truly Yours, Eighth Street Partners, LLC 0)uJ~ ~ t?~J Dr. Robert K. Nieman, DDS Dr. Kim A. Anardi, DDS