CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to land use and zoning; amending Chapter 23.32 of the Seattle Municipal Code at page 76 of the Official Land Use Map to rezone property located at 1321 N. 45th Street from Lowrise 3 Residential Commercial (LR3 RC) to Neighborhood Commercial 2 Pedestrian with a 40 foot height limit (NC2P-40), and accepting a Property Use and Development Agreement as a condition of rezone approval. (Petition by Lee Wan Properties LLC, C.F. 312670, DPD Project 3014098)

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. This ordinance rezones the following legally described lots ("the Property") commonly known as 1321 N. 45th Street:

SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 1-2

AND

SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 3-4

AND

SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 5-6

AND

SMITH & BURNS ADD 7 & E 7 FT 8 LESS ST, PLAT BLOCK: 2, PLAT LOT: 7-8.

Section 2. Page 76 of the Official Land Use Map, Seattle Municipal Code 23.32.016, is amended to rezone the Property described above and shown in Exhibit A to this ordinance from Lowrise 3 Residential Commercial (LR3 RC) to Neighborhood Commercial 2 Pedestrian with a 40 foot height limit (NC2P-40). Approval of this rezone is conditioned upon compliance with the Property Use and Development Agreement (PUDA) approved in Section 3 of this ordinance.

Section 3. The PUDA attached to this ordinance as Exhibit B is approved and accepted.

Section 4. The City Clerk is authorized and directed to file said PUDA at the King County Records and Elections Division; to file, upon return of the recorded agreement from the King County Records and Elections Division, the original of said PUDA with this ordinance at the City Clerk's Office; and to deliver copies of the same to the Director of the Department of Planning and Development and to the King County Assessor's Office.

Section 5. This ordinance, effectuating a quasi-judicial decision of the City Council and not subject to mayoral approval or disapproval, shall take effect and be in force thirty (30) days from and after its passage and approval by the City Council.

Passed by the City Council the ____ day of ________________________, 2014, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2014.

_________________________________

President __________of the City Council

Filed by me this ____ day of __________________________, 2014.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Exhibit A: Rezone Map

Exhibit B: Property Use and Development Agreement

Sara Belz LEG 1321 N. 45th Street Rezone FISC April 30, 2014 Version #2

Exhibit B: Property Use and Development Agreement -v.1

When Recorded, Return to:	DO NOT REMOVE ANY ROWS IN THIS TABLE
The City Clerk 600 Fourth Avenue, Floor 3 PO Box 94728 Seattle, Washington 98124-4728
NOTE: 1" BLANK margins required on all pages, plus a 3"margin required on top of first page (return address is "legal" within 3").		MANDATORY WASHINGTON FORMAT Standardized Document Requirements Effective 1-1-97 (RCW 36.18 and 65.04)

PROPERTY USE AND DEVELOPMENT AGREEMENT

Grantor:

1)

Lee Wan Properties LLC

2)

o Additional on page ____

(Last, First, Middle Initial)

(Last, First, Middle Initial)

Grantee:

1)

The City of Seattle

2)

o Additional on page ____

(Last, First, Middle Initial)

(Last, First, Middle Initial)

Legal Description (abbreviated):

SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 1-2 and SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 3-4 and SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 5-6 and SMITH & BURNS ADD 7 & E 7 FT 8 LESS ST, PLAT BLOCK: 2, PLAT LOT: 78

o Additional on :

Assessor's Tax Parcel ID #:

7821200125, 7821200135, 7821200145 and 7821200155

Reference Nos. of Documents Released or Assigned:

Not applicable.

Complete all blanks within this "recording box."

THIS PROPERTY USE AND DEVELOPMENT AGREEMENT (the "Agreement") is executed this _____ day of ______, 2014, in favor of the CITY OF SEATTLE (the "City"), a Washington municipal corporation, by Lee Wan Properties LLC, a Washington limited liability company (the "Owners").

RECITALS

A. Lee Wan Properties LLC is the owner of that certain real property (the "Property") in the City of Seattle zoned Lowrise 3 Residential Commercial ("LR3 RC") shown in Attachment A and described as:

SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 1-2

AND

SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 3-4

AND

SMITH & BURNS ADD LESS ST, PLAT BLOCK: 2, PLAT LOT: 5-6

AND

SMITH & BURNS ADD 7 & E 7 FT 8 LESS ST, PLAT BLOCK: 2, PLAT LOT: 7-8.

B. On November 21, 2012, the Owners submitted to the City of Seattle an application under Project No. 3014098 for a rezone of the Property from LR3 RC to Neighborhood Commercial 2 Pedestrian with a 40 foot height limit ("NC2P-40"). The purpose of the application is to allow the Property to accommodate residential and commercial mixed-use development of greater density.

C. Seattle Municipal Code Section 23.34.004 allows the City to approve a rezone subject to "self-imposed restrictions upon the use and development of the property in order to ameliorate adverse impacts that could occur from unrestricted use and development permitted by development regulations otherwise applicable after the rezone."

NOW, THEREFORE, in consideration of the mutual agreements contained herein, the parties agree as follows:

AGREEMENT

Section 1. Agreement. Pursuant to Seattle Municipal Code Section ("SMC") 23.34.004, the Owners hereby covenant, bargain and agree, on behalf of themselves and their successors and assigns, that they will comply with the following conditions in consideration of the rezone of the Property from LR3 RC to NC2P40:

Approval of this rezone requires the development of the proposed project to be in substantial conformance with the approved plans for Department of Planning and Development Master Use Permit No. 3014098, dated December 6, 2013, and with all other requirements and conditions of that permit.

Section 2. Agreement Runs With the Land. This Agreement shall be recorded in the records of King County by the City Clerk. The covenants hereof shall be deemed to attach to and run with the land and shall be binding upon the Owners, their heirs, successors and assigns, and shall apply to after-acquired title of the Owners of the Property.

Section 3. Termination. The covenants herein and the rezone shall expire three (3) years from the effective date of approval, unless, within the three (3) year period, an application is filed for a Master Use Permit, which permit is subsequently issued. The rezone remains in effect during this period unless revoked pursuant to SMC Section 23.34.004.

Section 4. Amendment. This Agreement may be amended or modified by agreement between the Owners and the City; provided, such amendment agreement shall be approved by the legislative authority of the City by ordinance.

Section 5. Exercise of Police Power. Nothing in this Agreement shall prevent the City Council from making such further amendments to the Seattle Municipal Code or Land Use Code as it may deem necessary in the public interest.

Section 6. No Precedent. The conditions contained in this Agreement are based on the unique circumstances applicable to this Property and this Agreement is not intended to establish precedent for other rezones in the surrounding area.

Section 7. Benefited. This Agreement is made for the benefit of the City and for the benefit of the owners of the property within 300 feet of the Property and either the City or any such property owners may institute and prosecute any proceeding at law or in equity to enforce this Agreement.

Section 8. Repeal as Additional Remedy. The Owners acknowledge that compliance with the conditions of this Agreement is a condition of the subject rezone and that if the Owners fail to comply with the conditions of this Agreement the City may, in addition to pursuing any other remedy, revoke the rezone by ordinance and require the use of the Property to conform to the requirements of the previously existing zone.

SIGNED this _____ day of ____________________, 2014.

Lee Wan Properties LLC

a Washington limited liability company

By: _____________________________

Edgar Yang

Its: Manager

STATE OF WASHINGTON COUNTY OF KING

}

ss.

On this day personally appeared before me Edgar Yang, to me known to be the Manager, of Lee Wan Properties LLC, a Washington limited liability company that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument.

GIVEN UNDER MY HAND AND OFFICIAL SEAL this _____ day of _______________________________, 2014.

	Printed Name ____________________________
	NOTARY PUBLIC in and for the State of Washington, residing at ____________________
	My Commission Expires ___________________

Attachment A