ORDINANCE __________________

AN ORDINANCE relating to land use and zoning, amending page 18 of the Official Land Use Map, (Volume 27 of Plats, page 41, Records of King County) to rezone property located at 11332 Lake City Way Northeast, from Single Family 7200 (SF 7200) to Lowrise 2 Residential Commercial (L2-RC), accepting a Property Use and Development Agreement and Release in connection therewith, and authorizing the President of the City Council to execute the Property Use and Development Agreement and Release on behalf of the City and the Clerk to record it with the King County Department of Records and Elections (Petition of David Brown Associates for MMR Corporation (succeeded by D.C.E. Inc.), C.F. 305399, Application No. 2100337)

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. This Ordinance affects the following described property (the "Property"):

The northwesterly 50 feet measured along the southerly line of Lot 5, Block 33, Replat of portions of Block 33 and 34 of Victory Heights Division No. 2, according to plat thereof recorded in Volume 27 of Plats, page 41, records of King County.

Section 2. The Official Land Use Map zone classification for the Property, as adopted by Ordinance 110381 and last amended by Ordinance 121288, and established on page 18 of the Official Land Use Map, is amended to rezone the Property from Single Family 7200 (SF 7200) to Lowrise 2 Residential Commercial (L2-RC), as shown in "Exhibit A," attached to this Ordinance.

Section 3. A Property Use and Development Agreement and Release ("Agreement"), attached to this Ordinance as "Exhibit B," that was executed by D.C.E. Inc., owner of the Property, by which said owner agrees to certain restrictions upon the Property to ameliorate the adverse impacts of uses and developments otherwise permitted in the L2-RC zone upon property in the vicinity, is hereby approved and accepted. The President of the City Council is hereby authorized to execute the Agreement on behalf of the City.

Section 4. Pursuant to SMC Section 23.76.060B(1)(b), the rezone of the Property shall expire and be of no force and effect five (5) years from the effective date of the approval of this rezone unless an application is filed for the establishment of the improvements described in Exhibit B, and the improvements are completed and a final inspection obtained from the Department of Planning and Development.

Section 5. The City Clerk is hereby authorized and directed to file said Property Use and Development Agreement and of this Ordinance at the King County Records and Elections Division, to file the original of the Property Use and Development Agreement 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 6. This Ordinance 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 _______________, 2003, and signed by me in open session in authentication of its passage this _____ day of _______________, 2003.

___________________________________

President of the City Council

Filed by me this _____ day of _______________, 2003.

___________________________________

City Clerk

(SEAL)

Exhibit A: Rezone Map

Exhibit B: Property Use and Development Agreement

Exhibit A

Rezone Map

Exhibit B

Property Use and Development Agreement

RAM:ram

Ordinance 11332 Lake City Way NE v3.doc

November 10, 2003

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