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HomeMy WebLinkAboutITEM II-A-1CITY OF,, AV~BU R.N WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Resolution No. 4310 authorizing the Mayor to sign a Date: February 26, 2008 Development Agreement between the City of Auburn and CNB Pro erties Department: Planning, Attachments: Resolution No. 4310 Budget Impact: NIA Building, and Community De artment Administrative Recommendation: City Council conduct a public hearing on the proposed development agreement (See Resolution No. 4310, Item VI11.6.4, for further action on this item). Background Summary: Chapter 14.21 of the Auburn City Code allows the City of Auburn to enter into a Development Agreement with a property owner. During the 2006 Comprehensive Plan Amendment cycle, the City implemented a land use change from Heavy Industrial to Heavy Commercial and High Density Residential for properties owned by CNB Properties. The City also executed a rezone of these properties to C-3, Heavy Commercial, and R-4, Multiple Family Residential District. CNB Properties appealed Ordinance No. 6064 and No. 6067 to the Growth Management Hearings Board. As a settlement to the hearings board case, staff is bringing forward the attached development agreement. The applicant has had numerous meetings with staff and it is appropriate for the City Council to consider the draft development agreement. The primary intent of the development agreement is to establish expansion of the Auto Auction site as Light Industrial, and development of ermitted uses of the property , p the parcel fronting A Street SE as Commercial. Attached to this agenda bill is the draft development agreement. The proposed development agreement has been reviewed by both the Planning and Community Development and Finance Committees of the Council. The Planning and Community Development Committee (PCDC) moved Resolution No. 4310 to the full council for a public hearing and action with one " . change. PCDC changed section 2 on page 3 from "Development Regulations" to "Zoning Regulations Pursuant to ACC 14.21, the City Council must conduct a public hearing on a proposed Development Agreement prior to taking action. At the conclusion of the hearing, the Council may approve, deny, or return the proposed development agreement to Council Committees for further discussion. L0303-1 A3.13.8 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ M&O ^ Arts Commission COUNCIL COMMITTEES: ^ Airport ®Finance ^ Building ^ Cemetery ^ Mayor ^ Hearing Examiner ^ Municipal Serv. ^ Human Services ®Planning & CD ^Finance ^ Parks ^ Fire ® Planning ^ Park Board ^ Public Works ^ Planning Comm. ^ Other ®Legal ^ Police ^ Public Works ^ Human Resources ^ Information Services Action: Committee Approval: Council Approval: Referred to Tabled Councilmember: Norman Staff: Baker Meeting Date: March 3, 2008 Item Number: II.A.1 ®Yes ^No ^Yes ^No Call for Public Hearing 03 / 08 1 2008 Until _I_/_ Until _!_!_ ~j J~,[~~~ ~ MQRE TI-IAN YOU IMAGINED RESOLUTION N0.4 3 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF AUBURN AND CNB PROPERTIES, LLC WHEREAS, RCW 36.706.170 though .210 and Auburn City Code Chapter 14.21 allows the City to enter into agreements for development projects whereby the development standards and other appropriate development requirements, are defined; and WHEREAS, CNB Properties, LLC, is the owner of certain real property legally described in "Exhibit A", which property is currently being used to auction vehicles and other related purposes; and WHEREAS, in 2006 the City introduced certain comprehensive plan and zoning amendments (adopted by Ordinances 6064 and 6067) which changed. CNB's property designation from "Heavy Industrial" to "Heavy Commercial" and "High Density Residential"; and WHEREAS, CNB Properties and the City now desire to permit the existing uses of the property to continue subject to the terms and conditions as described in attached Exhibit A; and WHEREAS, the parties would benefit from such a development agreement, so that the development requirements can be planned with Resolution No. 4310 February 21, 2008 Page 1 certainty, not only as to the more immediate portions of the project, but also as to later planned phases, and as to the types of improvements that will be built; and WHEREAS, state law requires that such projects be consistent with current local regulatory requirements, and the Development Agreement would be able to assure such consistency, while at the same time fixing requirements for future planned phases; and WHEREAS, the Planning and Community Development Committee reviewed the proposed development agreement at their regular meeting on February 25, 2008; and WHEREAS, the Finance Committee reviewed the proposed development agreement at their regular meeting on March 3, 2008; and WHEREAS, pursuant to RCW 36.70B.200, a public hearing before the Auburn City Council held on March 3, 2008, on the proposed development agreement, at which public hearing those persons wishing to speak to the issues were afforded an opportunity to do so; and WHEREAS, it is in the public interest and best interests of the City to enter into such a Development Agreement with CNB Properties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4310 February 21, 2008 Page 2 Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute a Development Agreement between the City of Auburn and CNB Properties which .agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. The Mayor is hereby further authorized to implement such administrative procedures as may be necessary to carry out the directives of -this legislation, including recording the development agreement with the real property records of King County, Washington, pursuant to RCW 36.706.190. Section 3. This resolution shall be in full force and affect upon passage and signatures hereon. DATED and SIGNED this day of , 2008. CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Resolution No. 4310 February 21, 2008 Page 3 Danielle E. Daskam, City Clerk DEVELOPMENT AGREEMENT RE CNB PROPERTY IN AUBURN, WASHINGTON This DEVELOPMENT AGREEMENT ("Agreement") by and between CNB PROPERTIES, LLC, a Delaware limited liability company ("CNB"), and the CITY OF AUBURN, a municipal corporation organized and existing under the laws of the State of Washington ("the City"), is made and entered into as of the day of 2008, pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with an entity having ownership or control of real property within its jurisdiction, as well as other legal authority. RECITALS A. CNB is the owner of certain real property, located in the City of Auburn, King County, Washington, more particularly described on EXHIBIT A, attached hereto and incorporated herein by this reference as if fully set forth ("the Property"). B. The Property is now used to auction vehicles and for related auxiliary purposes. In 2006 the City changed the comprehensive plan and zoning designations of the Property from "Heavy Industrial" to "Heavy Commercial" and "High Density Residential." CNB and the City now desire to permit the existing uses of the Property as described herein to continue subject to the terms and conditions set forth in this Agreement, and also to allow development of Light Industrial uses on the easterly portion of the Property located east of D Street SE (if extended). C. Some or all of the Property may be further developed or redeveloped over time, depending on future CNB needs, for uses that are associated with CNB's existing use of the Property as vehicle auction. CNB and the City desire to enter into this Agreement in order to establish the permitted conforming and non-conforming uses of the Property and the terms and conditions for future development and redevelopment of the Property. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, CNB and the City hereby agree as follows: CNB Property Development Agreement Page 2 ND: 19036.002 4819-1837-8241v9 AGREEMENTS 1. Term. The initial term of this Agreement will be a period of twenty (20) years from the date of its recording in the public records of King County, Washington. At any time after the twenty (20) year period has expired, the City may elect to terminate this Agreement as provided in Section 7 below. Such termination will become effective one hundred eighty (180) days after the date of delivery of written notice by the City to CNB that the City has exercised its election to terminate this Agreement. 2. Zoning Regulations. Any application to change the uses now being conducted on the Property, as set forth in Section 3 below, or to redevelop the Property with uses other than those set forth in Section 3 below, will be governed by the City's zoning regulations applicable to the Property and in effect as of the date of any such application, except for that portion of the Property located east of D Street SE (if extended), which will be governed by the City's zoning regulations for the M-1 Light Industrial District in effect as of the date of this Agreement, as specified in Auburn City Code (ACC) ch. 18.32 (a copy of which chapter is attached hereto as EXHIBIT B and incorporated herein as if fully set forth). 3. Uses of Property Before and After Termination. 3.1. Until this Agreement is terminated, the following uses now being conducted on the Property will be conclusively deemed permitted uses on the Property a. Vehicle auction; b. Vehicle storage; c. Storage of vehicle equipment and materials; and d. Other uses commonly accessory to the above. Until this Agreement is terminated, such existing uses will be deemed by the City to be permitted uses of the Property that are conforming under the City's land use regulations, and regardless of any amendment or other change of the City's land use regulations that would otherwise have the effect of rendering such permitted uses non-conforming uses, subject to the following limitation: Any expansion of the foregoing permitted uses on the Property is limited to twenty-five percent (25%) until this Agreement is terminated. Expansions that exceed twenty-five percent (25%) of the foregoing permitted uses will require a public hearing before the City's Hearing Examiner, who shall make a recommendation to the City Council with the final decision to be made by the City Council. 3.2. Until this Agreement is terminated, the following additional uses, while not now being conducted on the Property, will also be conclusively deemed to be permitted uses on the applicable portions of the Property as described below: CNB Property Development Agreement Page 3 ND: 14036.002 4819-1837-8241v9 a. On that portion of the Property located east of D Street SE (if extended), all uses permitted as outright or conditional uses in the M-1 Light Industrial District as of the date of this Agreement, and as currently codified in ACC ch. 18.32 (ExxIBIT B hereto), and subject to all currently-applicable .permitting and development standards of the M-1 Light Industrial District, as if such portion of the Property were currently classified as M-1. Cross-references in such current M-1 regulations. to other regulations in the Auburn City .Code shall be deemed to be cross-references to such regulations as they exist as of the date of this Agreement. b. On that portion of the Property located west of D Street SE (if extended), and fronting on A Street SE, all uses permitted under the C-3 Heavy Commercial zoning regulations currently applicable to such portion of the Property, and as the salve may hereafter be amended from time to time, and subject to all other then-applicable permitting and development standards of the C-3 Heavy Commercial District. c. A sketch depicting the portion of the Property to be considered as if it were classified as M-1 Light Industrial during the term of this Agreement, and the portion now classified as C-3 Heavy Commercial, is attached hereto as EXHIBIT C and incorporated herein by this reference as if fully set forth. 3.3. After this Agreement is terminated, the Property shall be used as follows. The uses of the Property existing on the date of termination will be treated as legal non-conforming uses under the City's then-existing codes and standards. Any other use or development of the Property must be in conformity with the City's then-current zoning regulations for the zoning district then applicable to the Property or the relevant portion thereof. 4. Dismissal of Appeal to CPSGMHB. CNB has filed an appeal before the State of Washington Central Puget Sound Growth Management Hearings Board (CPSGMHB), under Case No. 07-3-0008, challenging the City's adoption of Ordinance No. 6064 which changed the comprehensive plan designation of the Property; and challenging the adoption of Ordinance No. 6067 which changed the zoning classifcation of the Property. The parties agree that this Agreement addresses the concerns involved in such challenges, and CNB therefore agrees to dismiss its CPSGMHB action within thirty (30) days after the City Council's approval of this Agreement by Council resolution, which dismissal is part of the consideration of this Agreement. CNB Property Development Agreement Page 4 ND: 19036.002 4819-1837-8241v9 5. Recording. This Agreement will be filed for recording with the Real Property Records Division of the King County Records and Elections Department by the City within twenty (20) days after execution by the parties and approval of this Agreement by resolution of the City Council, whichever last occurs. 6. Assignment. CNB may assign its rights in this Agreement without the City's consent or any notice to the City. This Agreement will be binding upon and will inure to the benefit and burden of the City and of CNB and CNB's successors in interest to and assigns of the Property or any portion thereof. 7. Modification and Termination. This Agreement may be modified only by a written agreement executed by the parties or their successors and assigns. At any time after expiration of the initial 20-year term of this Agreement, the City may elect to terminate this Agreement by adopting a City Council resolution to that effect, which termination shall become effective as provided above in Section 1. 8. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. CNB Property Development flgreement Page 5 ND: 19036,002 4819-1837-8241v9 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CNB PROPERTIES, LLC, a Delaware limited liability company: By: Name: Its: CITY OF AUBURN By: Peter B. Lewis, Mayor ATTEST: Danielle Daskam, Auburn City Clerk Approved as to form: Daniel B. Heid, City Attorney CNB Property Development Agreement Page 6 ND: 19036.002 4819-1837-8241v9 STATE OF ss. COUNTY OF On this day personally appeared before me to me known to be the of CNB PROPERTIES, LLC, the Delaware limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such company, for the uses and purposes therein mentioned, and on oath stated that he/she was duly authorized to execute such instrument. UIVEN UNDER MY HAND AND OFFICIAL SEAL this _ day of , 2008. Printed Name NOTARY PUBLIC in and for the State of ,residing at My commission expires ND: 19036.002 4819-1837-8241v9 2/27/2008 CNB Property Development Agreement Page 7 ND: 19036.002 4819-1837-8241v9 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: PARCEL A: THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL B: LOT 2 OF CITY OF AUBURN SHORT PLAT NO. SP-13-76, RECORDED UNDER RECORDING NO. 7812050719, BEING A CORRECTION OF SHORT PLAT RECORDED UNDER RECORDING NOS. 7608130588 AND 7807110287, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT THE SOUTHERLY 3.31 FEET OF THE EASTERLY 101.55 FEET OF SAID LOT 2; TOGETHER WITH THE NORTHERLY 12 FEET OF THE WESTERLY 28 FEET OF LOT 1 OF CITY OF AUBURN SHORT PLAT NO. SP-14-78 REVISION RECORDED UNDER RECORDING NO. 8009290574. PARCEL C: THE NORTH 9 ACRES OF GOVERNMENT LOT 3, SECTION 30, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, THE SOUTH LINE THEREOF BEING AS ESTABLISHED BY INSTRUMENT RECORDED APRIL 7, 1926 UNDER RECORDING N0.2164883; EXCEPT THE NORTH 120 FEET OF THE WEST 363 FEET THEREOF; EXCEPT THE WEST 30 FEET FOR ROAD. DEVELOPMENT AGREEMENT - Exhibit A Page 8 ND: 19036.002 4819-1837-8241v9 EXHIBIT B CURRENT M-1 LIGHT INDUSTRIAL ZONING REGULATIONS, ACC ch. 18.32 M-1 LIGHT INDUSTRIAL. DISTRICT 18.32.010 Intent The purpose of the M-1 light industrial zone is to accommodate a variety of industrial, commercial, and limited residential uses in an industrial park environment, to preserve land primarily for light industrial and commercial uses, to implement the economic goals of the comprehensive plan and to provide a greater flexibility within the zoning regulations for those uses which are nonnuisance in terms of air and water pollution, noise, vibration, glare or odor. The light industrial/commercial character of this zone is intended to address the way in which industrial and commercial uses are carried out rather than the actual types of products made. The character of this zone will limit the type of primary activities which may be conducted outside of enclosed buildings to outdoor displays and sales. Uses which are not customarily conducted indoors or involve hazardous materials are considered heavy industrial uses under this title and are not appropriate for the M-1 zone. An essential aspect of this zone is the need to maintain a quality of development that attracts rather than discourages further investment in light industrial and commercial development. Consequently, site activities which could distract from the visual quality of development of those areas, such as outdoor storage, should be strictly regulated within this zone. (Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 4910 § 1, 1996; Ord. 4229 § 2, 1987.) 18.32.020 Permitted uses. Hereafter all buildings, structures, or parcels of land in an M-1 light industrial district shall only be used for the following, unless otherwise provided for in this title: A. Automobile service and repair; B. Automobile washes; C. Banks and financial institutions; D. Building and construction contractor services; E. Caretaker quarters, not more than one per establishment; F. Cold storage plants; G. Daycare, including mini daycare centers, daycare centers, preschools or nursery schools; H. Equipment rental and leasing; I. Gasoline filling station; J. General offices; K. Health and physical fitness clubs; L. Horticultural nurseries, excluding soil mixing; DEVELOPMENT AGREEMENT - Exhibit B Page 9 ND: 19036.002 4819-1837-8241v9 M. Household movers and storage; N. Janitorial services; O. Job training and vocational rehabilitation; P. Manufacturing, assembling and packaging of articles, products and merchandise when conducted entirely within an enclosed building; Q. Mini-storage warehouses; R. Motels and hotels; S. Multiple-family dwellings, provided they are located in a multi-story building the ground floor of which must contain one of the following uses listed in subsections (C), (J), (K), (T), (W), (X), (Z} and (AA) of this section. The ground floor may contain entrance and lobby areas which serve the dwellings; T. Personal service shops; U. Printing, publishing, and allied industries including such processes as lithography, etching, engraving,. binding, blueprinting, photocopying, and film processing; V. Research, development and testing; W. Restaurants; X. Retail sales of all types; Y. Retail sales and rental of automobiles, trucks, motorcycles, recreational vehicles and boats; Z. Reupholstery and furniture repair; AA. Small appliance repair; BB. Warehousing and distribution facilities, to include wholesale trade not open to the general public. This includes motor freight transportation as an incidental use but specifically excludes motor freight transportation as the principal use of the property; CC. Other similar uses and accessory uses and buildings appurtenant to a principal use which the planning director finds compatible with the principal permitted uses described in this chapter and consistent with the purpose and intent of the M-1 zone; DD. Sexually oriented businesses as provided in Chapter 18.74 ACC. (Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 1, 2004; Ord. 5835 § 5, 2004; Ord. 4910 § 1, 1996; Ord. 4294 § 1(15), 1988; Ord. 4249 § 1, 1987; Ord. 4229 § 2, 1987.) 18.32.030 Reserved. .(Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 2, 2004; Ord. 4910 § 1, 1996; Ord. 4304 § 1(16), 1988; Ord. 4229 § 2, 1987.) 18.32.040 Uses requiring conditional use permit. The following uses may be permitted when a conditional use permit has been issued pursuant to the provisions of Chapter 18.64 ACC: DEVELOPMENT AGREEMENT - Exhibit B Page 10 ND: 19036.002 4819-1837-8241v9 A. Apartments; provided, that 1,200 square feet of lot area is provided for each dwelling unit; B. Government facilities, this excludes offices and related uses that are permitted outright; C. Miscellaneous light manufacturing including toys, jewelry, ceramic, musical instruments and similar products, apparel and other finished products made from fabrics, leather, and similar materials, manufacturing of professional, scientific, and controlling instruments such as photo and optical goods, watch and clock manufacturing, and similar products, with retail sales of products manufactured on the premises; D. Nursing homes; E. Semi-tractor and trailer sales; F. Utility substations; G. Heliports; H. Work release, prerelease or similar facilities offering alternatives to imprisonment under the supervision of a court, state or local government agency, and meeting the standards established under ACC 18.49.090. (Ord. 5835 § 4, 2004; Ord. 4910 § 1, 1996; Ord. 4590 § 5 (Exh. D), 1992; Ord. 4283 § 1, 1988; Ord. 4229 § 2, 1987.) 18.32.050 Development standards. Development standards in an M-1 light industrial district are as follows: A. Minimum lot area: none required; B. Minimum lot area per dwelling unit: 2,400 square feet; C. Minimum lot width: none required; D. Minimum lot depth: none required; E. Maximum lot coverage: none required; F. Maximum building height: 45 feet. Structures may exceed 45 feet if one additional foot of setback is provided for each foot the structure exceeds 45 feet; G. Minimum yard setbacks: 1. Front: 20 feet; 2. Side, interior: none required; 3. Side, street: 20 feet; 4. Rear: none required; An additional 30-foot setback shall be required if adjacent to or separated by a street less than 50 feet in width of any residentially zoned property. This additional setback requirement also applies to residentially zoned property that is unincorporated county land; H. Fences and hedges: see Chapter 18.48 ACC; I. Parking: see Chapter 18.52 ACC; J. Landscaping: see Chapter 18.50 ACC; K. Signs: see Chapter 18.56 ACC; DEVELOPMENT AGREEMENT - Exhibit B Page 11 ND: 19036.002 4819-1837-8241v9 L. Performance standards: see Chapter 18.58 ACC. (Ord. 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 4910 § 1, 1996; Ord. 4304 § 1(19), 1988; Ord. 4229 § 2, 1987.) 18.32.060 Supplemental development standards. Supplemental development standards in an M-1 light industrial district are as follows: A. All activities shall be conducted entirely within a building except as follows: 1. Outdoor storage subject to the following requirements: a. Outdoor storage shall be limited to an area no greater than 50 percent of the lot. b. Outdoor storage shall be located between the rear lot line and the extension of the front facade of the principal structure, provided also that for corner lots no outdoor storage would be allowed between a building and a side street lot line. For through lots, the location for outdoor storage shall be determined by the planning director. c. Outdoor storage shall not be located in a required yard/setback area. d. Outdoor storage shall not be permitted on vacant lots. e. Outdoor storage shall be limited to 15 feet in height. £ Outdoor storage areas shall be landscaped in accordance with ACC 18.50.050(F). g. Outdoor storage areas shall consist of a hard surface material of either gravel or paving. h. Outdoor storage shall be supplemental to a permitted use on the property. i. Outdoor storage shall consist of supplies, materials, and/or equipment that are in working and usable condition. Outdoor storage of unworkable and/or unusable equipment, supplies or materials is not permitted. 2. Gasoline pumps. 3. Refuse containers, provided they are screened from adjoining property and public or private right-of--way with a masonry fence and afive-foot width Type III landscaping. 4. Horticulture activities. 5. Sales and rental of automobiles, trucks, motorcycles, recreational vehicles and boats. B. All odors, noise, vibrations, heat, glare, or other emissions are controlled within the confines of a building unless specifically permitted elsewhere by this title. C. Loading and unloading docks shall not be visible from the street. D. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities, shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord. DEVELOPMENT AGREEMENT - Exhibit B Page 12 ND: 19036.002 4819-1837-8241v9 6120 § 1, 2007; Ord. 6033 § 1, 2006; Ord. 5863 § 4, 2004; Ord. 4910 § 1, 1996; Ord. 4304 § 1(18), 1988; Ord. 4294 § 3, 1988; Ord. 4229 § 2, 1987.) DEVELOPMENT AGREEMENT - Exhibit B Page 13 ND: 19036.002 4819-1837-8241v9 EXHIBIT C Sketch Showing Portions of Property to Which Current M-1 Light Industrial Zoning Regulations Will Apply, and to Which C-3 Heavy Commercial Zoning Regulations Will Apply DEVELOPMENT AGREEMENT -Exhibit C ND: 19036.002 4819-1837-8241v9 Legend Proposed Commercial Proposed Light Industrial Page 14