HomeMy WebLinkAbout4346RESOLUTION NO. 4 3 4 6
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 MILLENNIUM INVESTMENT
GROUP, LLC
WHEREAS, RCW 36.70B.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, Millennium Investment Group, LLC (Millennium), is the
owner of certain real property legally described in the attachments to "Exhibit A"
hereto, which property, and its existing masonry building, constructed in 2003,
is currently being used for M-2 "Heavy Industrial" uses; and
WHEREAS, in 2006 the City introduced certain comprehensive plan and
zoning amendments (adopted by Ordinances 6064 and 6067) which changed
Millennium's property land use designation from "Heavy Industrial" to
"Downtown" and the zoning designation of the Property from M-2, "Heavy
Industrial" to C-2, "Central Business District; and
WHEREAS, Millennium Investment Group, LLC 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 its attachments; and
Resolution No. 4346
April 21, 2008
Page 1
WHEREAS, the parties would benefit from such a development
agreement, so that the development requirements can be planned with certainty
as to future uses; 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 proposed Development Agreement is in
settlement of the dispute presented to the King County Superior Court and in
conformity with the decision of the mediator in the court sanctioned mediation of
that dispute; and
WHEREAS, it is in the public interest and best interests of the City to
enter into such a Development Agreement with Millennium.
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 a Development Agreement between the City
of Auburn and Millennium Investment Group, LLC, 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.
Resolution No. 4346
April 21, 2008
Page 2
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 36.70B.190.
Section 3. This resolution shall be in full force and affect upon
passage and signatures hereon.
DATED and SIGNED this 'day of , 2008.
CIT B 1RPd?
PETER B. LEWIS, MAYOR
ATTEST:
6?
Danielle E. Daskam, City Clerk
Resolution No. 4346
April 21, 2008
Page 3
20080425000152.001
When Recorded, Return to:
MILLENNIUM INVESTMENT GROI
Attn: Robert E. West Jr.
332 -1" Street NE
Auburn, WA 98002
10152
50.00
DEVELOPMENT AGREEMENT
RE: MILLENNIUM INVESTMENT GROUP, LLC
PROPERTY IN AUBURN, WASHINGTON ®(
Grantor: CITY OF AUBURN
Grantee: MILLENNIUM INVESTMENT GROUP, LLC .
Legal Description: Lots 3 and 4 of City of Auburn Short Plat Number SP-
11-79, recorded under King County Recording Number
7908230645, being a portion of Lot 10, Block B,
Lunn's Garden Tracts to Auburn, according to the plat
thereof recorded in Volume 10 of plats, page 33, in
King County, Washington.
(Also known as City of Auburn Lot Line Adjustment
Number LLA-02-0013, recorded under King County
Recording Number 20020508002328.), together with
adiacent vacated road.
Assessor's Tax Parcel ID #: 4463400138 and 4463400073
Reference Nos. of Documents Released or Assigned: N/A
:.. a --mcument(s) were filed for
cod by Pacific Northwest Tltfe ey
accommodation only. It has not been
uaminW ac to properexecl*" or
as to Its affect upon tltie.
DEVELOPMENT AGREEMENT Page 1
(Rev.04.17.08)
20080425000152.002
DEVELOPMENT AGREEMENT
RE:
MILLENNIUM PROPERTY IN AUBURN, WASHINGTON
This DEVELOPMENT AGREEMENT ("Agreement") by and between MILLENNIUM
INVESTMENT GROUP, LLC, a Washington limited liability company ("Millennium"), 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 R / day of April, 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. Millennium is the owner of certain improved real property, located at 200 D
Street NW, 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").
The Property was zoned M-2 "Heavy Industrial" when the existing masonry building was
constructed in 2003.
B. The Property is now used as a multi-tenant building for commercial glazing and
related metal fabrication, as well as other industrial uses. In 2006 the City changed the
comprehensive plan from "Heavy Industrial" to "Downtown" and the zoning designation of the
Property from M-2, "Heavy Industrial" to C-2, "Central Business District. Notwithstanding the
change in zoning, Millennium and the City now desire to allow the permitted uses and
development standards for the M-2 Heavy Industrial District, as set forth in Chapter 18.34, of the
Auburn City Code (through Ordinance 6033), to continue subject to the terms and conditions set
forth in this Agreement.
THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, Millennium and the City hereby agree as follows:
AGREEMENTS
1. Term. This Agreement will be in effect for a period of thirty (30) years from the
date of its recording in the public records of King County, Washington. After the initial twenty-
five (25) year period has expired, Millennium shall bring its property uses into conformity within
five (5) years thereafter (amortization period), so that at the end of the five (5) year amortization
period, the uses for the property shall be in full conformity with applicable zoning codes and land
use regulations. The City may rezone the property according to law during the term of the
Agreement and at the end of the term of this Agreement and amortization period, the use of the
property shall conform to the then existing zoning. Nothing in this Agreement shall prohibit
Millennium from seeking a rezone of the Property.
DEVELOPMENT AGREEMENT Page 2
(Rev.04.17.08)
20080425000152.003
2. Continuation of Existing Uses. The indoor and outdoor uses now being
conducted on the Property, and those uses which are listed as permitted outright uses under the
current M-2 zoning, as set forth in Exhibit B, will be conclusively allowed to continue during the
term of this Agreement, subject to the following terms, conditions and restrictions:
a. The conditional uses listed on the document attached hereto, marked as
Exhibit C, and incorporated herein by this reference, are prohibited;
b. Upon any change of an existing tenancy during them term hereof, the
new tenant will be required to conduct all permitted M-2 uses- indoors,
and outdoor storage of materials and equipment (except during active
construction) shall cease;
C. A change in the ownership of a tenant shall not constitute a change
of tenancy for purposes of this Agreement; and,
d. Traffic will not exceed 25 p.m. peak hour trips as were referenced in the
owner's application for its land use or building permit and/or its SEPA or
MDNS issued under SEP01-0039 (January 2002), and incorporated
herein by this reference.
3. Zoning Regulations The current M-2 development standards, as set forth in
Ordinance 6033, shall remain in full force and effect. Provided, any application to substantially
redevelop the Property with uses other than those set forth in Section 2 above, will be governed
by the development standards for the zoning designation in effect as of the date of any such
application.
4. Dismissal of LUPA Action. In response to the City's rezone of Millennium
property, Millennium filed a Complaint under the Land Use Petition Act (LUPA), Chapter
36.70C of the Revised Code of Washington (RCW). The LUPA action will be dismissed with
prejudice within ten (10) days after approval of this Development Agreement by the Auburn City
Council, with each party paying its own fees and costs.
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. This Agreement will be binding upon and will inure to the benefit
of the City and Millennium and Millennium's successors in interest to and assigns of the
Property.
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 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.
DEVELOPMENT AGREEMENT Page 3
(Rev.04.17.08)
20080425000152.004
9. Addenda: Exhibits A, B, and C.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
VLZENNW?l INVESTMENT GROUP, LLC,
Washington mited liability company:
E. West, Jr., Manager
By:
ATTEST:
D elle E. Daskam,
Auburn City Clerk
Daniel B. Heid,
Aubum City Attorney
Troy M. Thus, Manager
CITY OF AUB
By:
Peter B. Lewis, Mayor
DEVELOPMENT AGREEMENT Page 4
(Rev.04.17.08)
20080425000152.005
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
ON THIS day of k r 2008, before me personally
appeared Robert E. West, Jr. and Troy M. Thomas, to me known to be the Member/Managers of
MILLENNIUM INVESTMENT GROUP, LLC, the Washington limited liability company that
executed the within and foregoing instrument, and acknowledged said instrument to be the free
and voluntary
act and deed of said company, for the uses and purposes therein mentioned, and on oath stated
that they were authorized to execute said instrument.
GIVEN under my hand and official seal this o?l day of 2008
OFFICIAL SEAL
ROSEMARY A. GALE
NOTARY PUBUC • STATE OF WASHd1 ION
My con= Expires July 15, 2011
STATE OF WASHINGTON )
ss.
COUNTY OF KING }
NOT Y P LI in and or t e State of
Washington, residing at
My Commission Expires: '::f - /?- o?G! //
ON THIS c>93 "d day of , 2008, before me personally
appeared Peter B. Lewis and Danielle *Easkai, to me known to be the Mayor and City Clerk
of the CITY of AUBURN, the Washington municipal corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be their the free and voluntary act and
deed of said corporation/company, for the uses and purposes therein mentioned, and on oath
stated that they were authorized to execute said instrument. ?p
GIVEN under my hand and official seal this ?3Y?day of I L , 2008.
NX0T)(RY PUBLIC i for the State of
41,
Washington, residing at Y. C-t
My Commission Expires: o3 • ?
DEVELOPMENT AGREEMENT Page 5
(Rev.04.17.08)
20080425000152.006
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
LOTS 3 AND 4 OF CITY OF AUBURN SHORT PLAT NUMBER SP- 11-79, RECORDED
UNDER KING COUNTY RECORDING NUMBER 7908230645, BEING A PORTION OF
LOT 10, BLOCK B, LUNN S GARDEN TRACTS TO AUBURN, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 33, IN KING COUNTY,
WASHINGTON.
(ALSO KNOWN AS CITY OF AUBURN LOT LINE ADJUSTMENT NUMBER LLA-
02-0013, RECORDED UNDER KING COUNTY RECORDING NUMBER
20020508002328.);
TOGETHER WITH VACATED ADJACENT ROAD
KING COUNTY ASSESSORS TAX PARCEL ID #: 4463400138 and 4463400073
20080425000152.007
Exhibit B
Permitted Uses
A. Automobile and vehicle sales, service and repair;
B. Automobile washes;
C. Banks and financial institutions;
D. Basic wood processing including sawmills, planing mills, veneering and
laminating of wood;
E. Building and construction contractor services, including storage yards;
F. Building movers;
G. Caretaker quarters, not more than one per establishment;
H. Convenience grocery stores;
1. Enameling, galvanizing and electroplating;
J. Equipment rental and leasing and sales;
K. Equipment repair and storage;
L. Gasoline filling station;
M. General offices including corporate headquarters;
N. Health and physical fitness clubs;
0. Heavy equipment and truck repair;
P. Household movers and storage;
Q. ' Janitorial services;
R. Job training and vocational education;
S. Lumber yards;
T. Manufacturing, assembling and packaging of articles, products, or merchandise;
U. Mini-storage warehouses;
V. Motor freight terminals and transportation;
W. On-site daycare serving a specified permitted use;
X. Outside storage yards;
Y. Personal service shops;
Z. Printing, publishing; and allied industries including such processes as lithography,
etching, engraving, binding, blueprinting, photocopying, and film pirocess ng;
AA. Research, development and testing;
BB:. Restaurants;
CC, Retail sales of the following and similar related products`.
1. Bottled gas;
2. Computers;
3. Farm, and garden supplies;
4. Hardware and equipment;
5. Lumber and building materials;
6. Office supplies;
DD. Retail and wholesale trade of products manufactured, processed or assembled on-
site;
EE. Reupholstery and furniture repair;
FF.. Small appliance repair;
GG. Warehousing and distribution facilities, to include wholesale trade not open to
general public;
20080425000152.008
HH. 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-2
zone.
(04/17/2008)
20080425000152.009
Exhibit C
Prohibited Uses
A. Sexually oriented businesses as defined in Chapter 18.74 ACC.
B. Taverns.
C. New automobile maintenance and repair businesses.
D. Work release facilities; secure community transition facilities.
E. Wrecking yards.
F. Solid waste transfer stations.
G. Car washes.
H. New gasoline stations.
1. Street-level ministorage.
J. Outdoor sales of vehicles, boats or equipment.
K. Drive-in/drive-through facilities with direct vehicular driveway access onto Main
Street.
(04/17/2008)