HomeMy WebLinkAboutJul 11, 2007 Special~}c °~.
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WASHINGTON
I. CALL TO ORDER
A. Flag Salute
B. Roll Call
CITY COUNCIL
SPECIAL MEETING AGENDA
July 11, 2007 4:00 PM
II. CITIZEN INPUT, PUBLIC HEARINGS & CORRESPONDENCE
A. Public Hearing
1. Development Agreement with Parkstone Investments,
Inc. for Renaissance at Auburn* (Norman/Osaki)
03.6
Pursuant to Auburn City Code Chapter 14.21, Parkstone
Investments proposes to enter into a Development
Agreement with the City of Auburn to allow the construction
of a 120 unit independent senior apartment community with
complementary retail on an approximately 2.67 acre site,
known as Renaissance at Auburn. The subject property is
located at 5029 Auburn Way North.
III. ADJOURNMENT
City Council agendas and minutes are available to the public at the City Clerk's
Office, on the City website, and via a-mail. Complete agenda packets are
available for review at the City Clerk's Office.
Internet: http://www.auburnwa.gov
Page 1
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WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No.4204 authorizing the Mayor to sign a Date: July 3, 2007
Development Agreement between the City of Auburn and Parkstone
Investments, Inc. to allow the construction of a 120 unit senior apartment
project known as The Renaissance at Auburn, together with a 6000 sq.
ft. retail buildin .
Department: Planning, Attachments: Resolution 4204; Budget Impact: None
Building and Community proposed development agreement
and exhibits; MDNS
Administrative Recommendation: City Council conduct a public hearing on the proposed development
agreement. At the conclusion of the hearing, the Council may either approve; modify and approve; deny;
or remand the pro osed a reement to committees for further evaluation.
Background Summary: Chapter 14.21 of Auburn City Code allows the City of Auburn to enter into a
Development Agreement with a property owner when "There are instances when a property owner has a
property or a development plan that warrants considerations of alternatives in how the development
should proceed and in what standards should be used because of unusual property characteristics or
different development factors." The property under consideration in the Renaissance proposal is a 2.67
acre site located on the west side of Auburn Way North, commonly known at 5029 Auburn Way N. The
site is designated as Heavy Commercial in the City's Comprehensive Plan and is currently zoned C3. The
zone district allows the development of apartments at approx. 36 units to the acre, through a conditional
use permit process.
Parkstone Investments, Inc., the developers of the property, are requesting approval of a development
agreement to allow an approx. 25% increase in density and to allow for subdividing the site into the retail
and residential portions without creating a future density issues. In addition, a development agreement
will negate the need to proceed through a conditional use permit process. The proposed project and
development agreement have been reviewed by both the Public Works and Planning and Community
Development Committees at previous meetings. A Final Mitigated Determination of Nonsignificance was
issued bX the City's Responsible Official on May 30, 2007. The appeal period for this action expired on
t
.The SEPA action includes two mitigation measures.
June 20
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 either recess to closed
session to deliberate; approve as presented; approve as amended; deny the proposal; or return the
proposed development agreement to the PCD Committee for further discussion.
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ®Building ^ M&O
^ Airport ^ Finance ^ Cemetery ® Mayor
^ Hearing Examiner ^ Municipal Serv. ^ Finance ® Parks
^ Human Services ®Planning & CD ®VRFA ® Planning
^ Park Board ®Public Works ®Legal ^ Police
^ Planning Comm. ^ Other ®Public Works ^ Human Resources
^ Information Services
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_/_
Referred to Until _/_/_
Tabled Until _/_/_
Councilmember: Norman Staff: Osaki
Meetin Date: Jul 11, 2007 Item Number:
~~$U~ ~ MORE THAN YOU 1MAGiNED
Agenda Subject: Resolution 4204 Date: July 11, 2007
Additional Information
The project was initially introduced to the Public Works and Planning and Community Development Committees
with a request to waive or reduce park impact fees ($3500 per unit) and to allow the project to use an adjacent
City-owned floodplain compensatory storage pond. The project proponents have subsequently abandoned
those two requests, leaving the development agreement to accomplish essentially three things that would
otherwise not be allowed under the existing C3 zone:
1. Avoid the need to process a Conditional Use Permit application for multifamily housing;
2. Allow the entire site area to be used for calculating the density of the project, even if a future short plat of the
property occurs;
3. Allow an increase in density of approx. 25% above the 96 units otherwise allowed in the C3 zone for senior
housing projects.
Findings of Fact
1. The site is zoned C3 Heavy Commercial and is designated as Heavy Commercial in the Comprehensive
Plan.
2. The C3 zone allows the development of apartments through a conditional use permit process, provided 1200
sq. ft. of lot area is provided for each dwelling unit. This would allow 96 units on the 2.67 acre site.
3. Comprehensive Plan policies found on page 14-6 state that "higher density developments and special
development standards may be authorized for senior housing projects, the Downtown area and within %4 mile of
regional transit service."
4. The proposed subdivision of the site into a separate lot for the retail component would typically result in less
lot area being available to calculate density for the residential component. The developer is requesting
authorization to use the entire site (both retail and residential components) for the purposes of computing
density.
5. Parking standards for general retail uses is 1 stall per 500 sq. ft. of gross floor area. The retail building would
thus require 12 parking stalls per code standards. Parking requirements for subsidized dwellings for the elderly
are 1 stall per every 4 units. Applying that standard to this project would result in a requirement of 30 stalls for
the residential component. The developers have committed to providing a total of 100 parking stalls on the site,
which will be available to all users through cross-access agreements.
6. Landscaping standards for the C3 zone require a minimum 5 ft. wide area of "Type III" landscaping along a
property's street frontage and a 100 sq. ft. landscaped area per each 10 parking stalls. No other landscaping is
required. The developer proposes greater depth of landscaping along Auburn Way North, including landscaping
excess right-of-way, plus perimeter and interior landscaping above code requirements.
7. Other than the three exceptions noted in the section above, the developers have not requested to deviate
from any other city development standard.
Benefits to the Developer
1. Agreement supersedes need to process project through the Conditional Use Permit process
2. Increased density beyond what is otherwise allowed in the C3 zone district.
Page 2 of 3
Agenda Subject: Resolution 4204 Date: July 11, 2007
3. Ability to subdivide property into two separate lots without sacrificing density.
Benefits to the City
1. Project provides affordable senior housing.
2. Project provides increased landscaping above standard code requirements.
3. Reduced traffic generation along a busy arterial street than what might result from commercial development
of site.
Page 3 of 3
RESOLUTION NO. 4204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DEVELOMENT AGREEMENT
BETWEEN THE CITY AND PARKSTONE INVESTMENTS, INC.,
TO ALLOW THE DEVELOPMENT OF THE "RENAISSANCE AT
AUBURN" PROJECT AT 5029 AUBURN WAY NORTH
WHEREAS, Auburn City Code 14.21 allows the CITY to consider
entering into a development agreement in instances when a property owner has
a property or a development plan that warrants considerations of alternatives in
how the development should proceed and in what standards should be used
because of unusual property characteristics or different development factors;
and
WHEREAS, Parkstone Investments, Inc. has requested the CITY
consider approval of a development agreement to allow development of an 2.67
acre site with a 120 unit senior apartment and retail project; and
WHEREAS, the City of Auburn Comprehensive Plan indicates that
higher density developments and special development standards may be
authorized for senior housing projects; and
WHEREAS, the proposed development agreement has been reviewed
by the Public Works and Planning and Community Development Committees of
the City Council; and
WHEREAS, on July 11, 2007, the City Council conducted a duly noticed
public hearing as required by ACC 14.21.050; and
Resolution No. 4204
July 3, 2007
Page 1
WHEREAS, the CITY hereby finds that the proposed development
agreement is consistent with the following provisions of ACC 14.21:
1. Land Use Efficiencies. Provide efficient and effective use of land,
open space and public facilities that result in lower development costs
and make housing more affordable.
2. Improved Transitional Areas. Improve the sensitive development
of transitional areas located between different land uses, environmentally
sensitive areas, and along significant corridors within the city.
3. Implementation of the Comprehensive Plan. Provide development
that is consistent with the goals and policies of the comprehensive plan.
4. Enhanced Design Features. Provide building and structural
designs that complement surrounding land uses and their environment.
Design standards should reflect quality site planning, landscaping and
building architecture;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are
herewith authorized to execute a Development Agreement with Parkstone
Investments, Inc. for the purposes of developing the Renaissance at Auburn
project. A copy of said Agreement is attached hereto, denominated as Exhibit
"A" and made a part hereof as though set forth in full herein.
Resolution No. 4204
July 3, 2007
Page 2
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Section 3. This Resolution shall take effect and be in full force and
effect upon passage and signatures hereon.
DATED and SIGNED this day of July, 2007.
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
APPRO-VED A~,S TO FORM:
iel B. Held; "City
Resolution No. 4204
July 3, 2007
Page 3
CITY OFAUBURN - PARKSTONE INVESTMENTS, INC.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of
the _ day of , 2007, by and between PARKSTONE INVESTMENTS, INC.,
a Washington corporation (referred to herein as the "Developer"); and the CITY OF AUBURN, a
State of Washington municipality (the "City").
WITNESSETH:
WHEREAS, Washington State law (RCW 36.706.170-200) permits and allows local
jurisdictions to enter into development agreements to .address situations where conventional
development requirements may not accommodate the development in a way that best serves
the needs of the local jurisdiction and the development; and,
WHEREAS, the City of Auburn adopted Chapter 14.21 of the Auburn City Code to allow
the City to consider development agreements consistent with State law; and
WHEREAS, the Developer desires to develop certain real property owned or controlled
by it, as hereinafter described for the construction and development of the projects hereinafter
described, in accordance with the development standards designated in this Agreement; and,
WHEREAS, pursuant to the authority provided in Sections 36.706.170-200 of the
Revised Code of Washington (RCW) and Auburn City Code 1.4.21, the parties hereto have
agreed to enter into this Agreement to set forth the terms and conditions of the development on
the Properties in order to protect more fully such development rights; and,
WHEREAS, in connection with the proposed Development, the Developer and the City
recognize that the scope and term of the planned developments under this Agreement
accomplish the statutory aims of comprehensive, orderly planning and development within the
City, thus providing benefits to the citizens and residents of the City exceeding any derogation
from the City's zoning powers for the duration of the Projects and provide public benefits
Development Agreement -- Page 1
June 28, 2007
through the donation and set-aside of those public facilities described and identified in this
Agreement; and,
WHEREAS, pursuant to RCW 36.706.200 and Auburn City Code 1.4.21.050, a public
hearing was held on the day of , 2007.
NOW, THEREFORE, in consideration of the foregoing, the mutual covenants of the
parties contained herein, and pursuant to RCW 36.706.170-200 and Auburn City Code 14.28,
THE PARTIES HERETO AGREE as follows:
SECTION 1. DEFINED TERMS
Terms not otherwise defined herein have the meaning set forth in 36.708.170 RCW, the
provisions of which are incorporated herein by reference.
SECTION 2. PURPOSE
The Developer desires to develop certain real property owned by Supasatit IV LLC and
controlled by Developer by means of a fully executed Commercial and Investment Real Estate
Purchase and Sale Agreement, such real property consisting of approximately 2.67 acres of
land, more or less, located in the City, consisting of the parcel listed on Exhibit A attached hereto
and incorporated herein by reference (the "Property") for the development of the Renaissance at
Auburn senior housing and Complementary Retail hereinafter described as the "Project", in
accordance with the development regulations designated in this Agreement.
Pursuant to the State of Washington 36.706.170 RCW and Auburn City Code 14.21, the
parties hereto have agreed to enter into this Agreement to set forth the terms and conditions of
the development of the Project in order to set forth the development standards and other
provisions that shall apply to and govern and vest the development, use, and mitigation of the
development of the Project for the duration specified in this Agreement.
Development Agreement -- Page 2
June 28, 2007
The Developer also desires to obtain from the City in connection with the development of
the Property assurances (i) that the Property will be appropriately zoned, (ii) that upon receipt of
its development and construction permits it may proceed with the development and construction
of the Project, and (iii) that such development rights will be vested for the duration of the Project,
which the City does hereby agree to an guarantee for a period of not to exceed five (5) years
from the date of execution of this Agreement.
to connection with the proposed Project, Developer and the City recognize that the
scope and term of the developments under this Agreement accomplish the statutory aims of
comprehensive planning, and orderly development within the City, thus providing benefits to the
citizens and residents of the City exceeding any derogation from the City's zoning powers for
the duration of the Project and provide public benefits through the construction of those public
facilities described and identified in this Agreement.
This Agreement describes the plans of development and establishes standards,
guidelines and conditions that will apply to the Project, to provide such predictability to
Developer with regard to future development plans. These standards are intended to provide
certainty to the City in planning while permitting a certain degree of flexibility for the Developer
in undertaking its development.
SECTION 3. THE PROPERTY
The Property consists of one parcel as legally described in Exhibit A. Consistent with the
terms of this Development Agreement, the Property will be sub-divided and split into two parcels
(the "Properties") through recordation of a short plat to allow separate legal ownership of the
Renaissance at Auburn and the Complementary Retail on the Properties.
SECTION 4. PARTIES
The City is the City of Auburn, a State of Washington municipality, exercising
governmental functions and powers pursuant to the laws of the State of Washington and the
Development Agreement -- Page 3
June 28, 2007
Auburn City Code. The principal office is located at 25 West Main Street, Auburn, Washington
98001-4998.
The Developer, Parkstone Investments, Inc., a Washington corporation, has its principal
offices at 10324 Valmay Avenue Northwest, Seattle, Washington 98177. Any reference
hereafter to "Developer" shall be deemed to include any successors and/or assigns of
Parkstone Investments, Inc., as permitted in Section 17.
SECTION 5. THE PROJECT
The planned Project includes the Renaissance at Auburn and the Complementary Retail. The
site consists of one (1) tax parcel containing a total of approximately 116,349 square feet or 2.67
acres of area located at 5029 Auburn Way North.
The Developer proposes to sub-divide the existing tax parcel into two (2) separate legal lots via
a short plat to develop and. own the two distinct but complementary project components. All
appropriate access, use and maintenance easements will be granted between the property
owners to insure long-term viability of each complementary use.
The first component is The Renaissance at Auburn, a 120-unit independent living senior
apartment community consisting of a single four (4) story wood-frame building (the
"Renaissance"). The second component is complementary retail comprised of a single one (1)
story building containing approximately five (5) commercial/retail bays of 1,200 square feet
each, for a total rentable space of approximately 6,000 square feet (the "Retail").
The Renaissance will be age-restricted independent senior housing serving households with all
members that are 62 or older and income-restricted serving moderate-income households that
earn less than 60% of area median income adjusted for household size. The long-term age- and
income-restrictions will be detailed in a recorded deed restriction as a result of the financing of
the Renaissance with tax-exempt bonds and low income housing tax credits.
Development Agreement -- Page 4
June 28, 2007
Future commercial uses in the Retail component will be as allowed in the existing "C3" Heavy
Commercial zoning classification in effect as of the date of this development agreement.
SECTION 6. CERTAINTY OF DEVELOPMENT AGREEMENT
6.01 Development Agreement Deemed Controlling. This Agreement, once recorded,
and any terms, conditions, maps, notes, references, or regulations which are a part of the
Agreement shall be considered enforceable elements of the Auburn City Code. In the case of an
explicit conflict with any other provisions of the Auburn City Code, this Agreement shall take
precedence. Unless otherwise provided by this Agreement, the City's ordinances, resolutions,
rules and regulations, and official policies governing permitted land uses, density, design,
improvement, and construction standards shall be those City ordinances, resolutions, rules and
regulations, and official policies in force at the time of application for building permits.
6.02 Subseauent Actions. This Agreement shall not prevent the City, in subsequent
actions applicable to the property, from applying new rules, regulations, and policies which do
not conflict with those rules, regulations, and policies applicable to the subject property, nor shall
this Agreement prevent the City from denying or conditionally approving any subsequent
development project application on the basis of such new rules, regulations, and policies.
6.03 Chances in the Law. In the event that state or federal laws or regulations, enacted
after this Agreement has been entered into, prevent or preclude compliance with one (1) or
more of the provisions of the Agreement, such provisions of the Agreement shall be modified or
suspended as may be necessary to comply with such state or federal laws or regulations
following modification procedures in Section 14 for an amendment or cancellation.
6.04 Emergency Situations. The City may suspend the issuance of building permits for
the planned Project, if it finds that continued construction would place surrounding residents or
the immediate community, or both, in a condition dangerous to their health or safety, or both.
Development Agreement -- Page 5
June 28, 2007
SECTION 7. CONSOLIDATED PLAN
The Project as proposed is in material compliance with the planning goals and objectives
of the City, as set forth in the City of Auburn 2004 - 2008 Consolidated Plan.
SECTION 8. COMPREHENSIVE PLAN
The Project as proposed is in material compliance with the planning goals and objectives
of the City, as set forth in the City of Auburn Comprehensive Plan, as amended in December
2006. The project density is consistent with Plan policies that support higher densities for senior
housing projects.
.SECTION 9. APPROVED USES & STANDARDS FOR DEVELOPMENT
9.01 Permitted Uses. This Agreement authorizes the development of a four-story, 120
unit apartment building designed for independent senior living, together with associated parking,
landscaping, outdoor plaza and other amenities as depicted on the site plan (Exhibit B). The
Agreement also authorizes the construction of a maximum 6000 sq. ft. single story retail
building. This agreement negates the need for the Developer to obtain a Conditional Use Permit
to construct apartments within the existing C3 Heavy Commercial zone.
9.02 Off-Street Parking. Off-street parking facilities for the planned Project are as set
forth on the site plan attached hereto as Exhibit B. A minimum of 100 parking stalls shall be
provided on-site for the Project.
9.03 Landscaping. Landscaping for the planned Project is as set forth in Exhibit B,
attached to this Agreement and made part hereof.
9.04. Public Facilities/Infrastructure. The following types of public facilities and
infrastructure will service the Project that require City review and approval: storm water
systems, road and related improvements (including curb, gutter, and sidewalks, channelization
Development Agreement -- Page 6
June 28, 2007
within Auburn Way North to prevent left turns into/from the site), other eligible project
components. All public facilities/infrastructure shall be installed by the Developer and inspected
and approved by the City. All public facilities/infrastructure shall be constructed to City of Auburn
standards as in effect as of the date of this agreement.
9.05 Future short plat. This agreement authorizes the subdivision of the Property into
two lots, one containing the retail building and one containing the Renaissance. This short plat
shall not impact the total number of dwelling units allowed in the Renaissance. The Developer
shall provide cross-access and parking agreements between the two parcels.
9.06 Other standards. All development standards of the C3 Heavy Commercial zone
and other applicable sections of the Auburn Zoning Code, Auburn City Code, and Auburn
Design Standards shall apply to the Project, unless otherwise modified herein.
9.07. Developer's Obligations. Nothing in this Section shall be deemed to alter the
obligation of the Developer to obtain all permits necessary before the commencement of each
phase of the development of each of the Properties.
SECTION 10. ENVIRONMENTAL PROCEDURE
This Agreement is a project as defined by the Washington State Environmental Policy
Act (SEPA). A Mitigated Determination of Non-Significance was issued in compliance with the
environmental procedures as outlined in the City of Auburn City Code, Chapter 16.06 on May ,
2007. The Mitigated Determination of Non-Significance and related mitigation measures, are
set forth in Exhibit D, attached to this Agreement and made part hereof.
SECTION 11. DEVELOPMENT SCHEDULE/PERMIT AND IMPACT FEES
The Developer plans to commence construction of the Renaissance in summer 2007,
with completion anticipated by June 2008. Construction of the Retail component will begin in
spring 2008, with completion by fall 2008.
Development Agreement -- Page 7
June 28, 2007
The Developer agrees to pay in full at the time of building permit issuance all applicable
impact fees (traffic, parks, fire, and school) in effect as of the date of this agreement.
SECTION 12. GOVERNMENT APPROVALS
Should the Developer at any time require the approval of any governmental body or
board, whether of local, regional, state or federal jurisdiction, the Developer shall bear the sole
cost and responsibility for obtaining the approval. The City, upon request by Developer, shall
lend its full cooperation and affirmative support if it deems such would. be in the interest of timely
performance under this Agreement, and such cooperation and support would not compromise
the responsibilities of the City, including its responsibilities to the Developer as set forth in this
Agreement. The developer shall compensate the City for its costs involving such actions in
accordance with an agreement for payment of such costs as negotiated by the parties. Nothing
contained herein is designed to relieve the Developer of the necessity of complying with the
laws governing the permitting requirements, conditions, terms or restrictions.
SECTION 13. PUBLIC NOTICE AND HEARINGS
The City represents and warrants that it has conducted at least one public hearing and
has published notice of intent to consider this Agreement in accordance with the requirements of
36.708.200 and Auburn City Code .14.21.050.
SECTION 14. AMENDMENT MODIFICATION, OR TERMINATION
This agreement may be amended, modified or terminated in conformity with the
requirements of RCW 36.708.170-200, and other applicable laws, rules or regulations, and
upon mutual consent of the parties, which mutual consent of the parties shall be evidenced by a
written agreement therefore, signed by the parties hereto. It is provided, however, that nothing
in this Section shall limit or otherwise affect the City's ability to terminate unilaterally or modify
this Agreement as a result of periodic review, in conformity with the requirements of RCW
36.706.170-200, and other applicable laws, rules or regulations.
Development Agreement -- Page 8
June 28, 2007
The Planning Director may interpret the words and meanings of this Agreement in order
to resolve conflicts in interpretation.
Pursuant to Auburn City Code 14.21.090, minor adjustments may be made and
approved by the Planning Director. Minor adjustments are those which do not violate the terms
of the development agreement. Major adjustments are those which; when determined by the
Planning Director, violate the terms of the development agreement. When the Planning Director
determines a change constitutes a major adjustment, an amendment to the development
agreement is required and the process is the same as a new application.
SECTION 15. PERIODIC REVIEW REQUIRED
This Agreement shall be reviewed by the City periodically at least every 12 months from
the date this Agreement is entered into, at which review the Developer, or successor in interest
thereto, shall be required to demonstrate good faith compliance with this Agreement.
The body to conduct such review shall be the Planning and Community Development
Committee (the "Committee") of the Auburn City Council.
SECTION 16. RESULTS OF PERIODIC REVIEW
16.01 If the Committee has reason to believe that the Developer may not be complying
with the terms of this agreement, written notice specifying the non-compliance shall be given to
the Developer and the Developer shall have thirty (30) days to bring the project into compliance.
16.02 Public Hearing. If the Committee has reasons to believe that the Developer has
not brought the project into compliance after such written notice, the Committee may conduct a
public hearing at which time the Developer must demonstrate good faith compliance with the
terms of this Agreement. The burden on this issue is upon the Developer. The Committee shall
determine upon the basis of substantial evidence whether or not the Developer has, for the
period under review, complied in good faith with the terms and conditions of this Agreement.
Development Agreement -- Page 9
June 28, 2007
16.03 Compliance. If the Committee finds and determines on the basis of substantial
evidence that the Developer has complied in good faith with the terms and conditions of this
Agreement during the period under review, no further action is required. However, if it is
determined on the basis of substantial evidence that the Developer has not complied in good
faith with the terms and conditions of this Agreement during the period of review, proceedings
may be initiated to terminate or modify this Agreement.
SECTION 17. GENERAL PROVISIONS
17.01 Notices, Demands and _Communications. Formal notices, demands and
communications between the City and the Developer shall be sufficiently given if and shall not
be deemed given unless dispatched by certified mail, postage prepaid, returned receipt
requested, or delivered personally, to the principal offices of the City and the Developer as
follows:
C~ Developer
Mayor Mr. Daniel Stoner
City of Auburn Parkstone Investments, Inc.
25 West Main Street 10324 Valmay Avenue Northwest
Auburn, Washington 98001-4998 Seattle, Washington 98177
17.02 Service of Process. All services of process shall be effective if served in person
or through substitution on those individuals designated for acceptance of other communication
pursuant to Section 10.01.
17.03 Conflict of Interests. No member, official or employee of the City shall make any
decision relating to the Agreement which affects his or her personal interests or the interests of
any corporation, partnership or association in which he or she is directly or indirectly interested.
The Developer warrants that it has not paid or given, and shall not pay or give, any third
person any money or other consideration for obtaining this Agreement.
17.04 Non-Liability of City, Officials, Employees, and Agents. No member, official,
employee or agent of the City of Washington shall be personally liable to the Developer, or any
Development Agreement -- Page 10
June 28, 2007
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Developer or successor or on any obligation under the terms of this
Agreement.
17.05 Enforced Delay. Performance by either party under this Agreement shall not be
deemed to be in default where delays or defaults are due to war; insurrection; strikes, lock-outs;
riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics;
quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions of
priority; litigation (including suits filed by third parties concerning or arising out of this
Agreement); unusually severe weather; inability to secure necessary labor, materials or tools;
acts or failure to act of any public or governmental authority or entity (other than the acts or
failure to act of the City which shall not excuse performance by the City), or any other causes
(other than lack of funds of Developer) beyond the control or without the fault of the party
claiming an extension of time to perform. An extension of time for any such cause shall be for a
period of the enforced delay and shall commence to run from the commencement of the cause,
if notice by the party claiming such extension is sent to the other party within fifteen (15)
calendar days of the commencement of the cause. Times of performance under this Agreement
may also be extended in writing by the City's Mayor or designee.
17.06 Plans and Data. If the Developer defaults or fails to comply with the
requirements hereof, and the default or failure is not properly cured, the Developer shall deliver
to the City's Mayor any and all plans and data concerning any proposed public improvements
pursuant to this Agreement which shall thereafter be the property of the City at no additional
cost to the City.
17.07 Provisions Not Merged with Deeds. None of the provisions of this Agreement
are intended to or shall be merged by the Statutory Warranty Deeds of the Property.
17.08 Title of Parts and Sections. Any titles of the Parts, Sections or Subsections of
this Agreement are inserted for convenience of reference only and shall be disregarded in
construing or interpreting any part of its provisions.
Development Agreement -- Page 11
June 28, 2007
17.09 Hold Harmless. The Developer shall indemnify and hold harmless the City and
their officers, agents and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or
arising out of the negligent act or omission of the Developer, its officers, agents, employees, or
any of them relating to or arising out of the performance of this Agreement. If a final judgment is
rendered against the City, its officers, agents, employees and/or any of them, or jointly against
the City and the Developer and their respective officers, agents and employees, or any of them,
the Developer shall satisfy the same to the extent that such judgment was due to the
Developer's negligent acts or omissions.
17.10 Enforcement, Rights and Remedies Cumulative. This Agreement shall be
enforceable by the City, applicant, or successor-in-interest notwithstanding any change in any
applicable general or specific plan, zoning, subdivision, or building regulation adopted by the
City which alters or amends the rules, regulations, or policies specified in this Agreement.
Enforcement may be through any remedy or enforcement method or process, or combination
thereof, allowed under law and/or equity. Except as otherwise stated in this Agreement, the
rights and remedies of the Parties are cumulative, and the exercise or failure to exercise one or
more of these rights or remedies by either party shall not preclude the exercise by it, at the
same time or different times, of any right or remedy for the same default or any other default by
the other party.
17.11 Right of Entry. During the life of this Agreement and until all improvements
required under this Agreement to be completed are completed, the Developer shall grant to the
City, its agents, employees and representatives the right of entry on to the Property during
normal business hours.
17.12 Real Estate Commissions. Neither party shall be responsible to the other for
any real estate commissions or brokerage fees which may arise from this Agreement or
otherwise be incurred by the other party.
Development Agreement -- Page 12
June 28, 2007
17.13 Applicable Law. This Agreement shall be interpreted under and pursuant to the
laws of the State of Washington. Venue for any legal action brought hereunder shall be in the
King County Superior Court.
17.14 Severability. If any term, provision, covenant or condition of this Agreement is
held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provisions shall continue in full force and effect unless the rights and obligations of the
parties have been materially altered or abridged by such invalidation, voiding or
unenforceability.
17.15 Legal Actions. In the event any legal action is commenced to interpret or to
enforce the terms of this Agreement, or to collect damages as a result of any breach of the
Agreement, the party prevailing in any such action shall be entitled to recover against the party
not prevailing all reasonable attorney fees and costs incurred in the action.
17.16 Binding Upon Successors. This agreement shall be binding upon and inure to
the benefit of the heirs, administrators, executors, successors in interest and assigns of each of
the parties hereto except that there shall be no transfer of any interest to any of the parties
hereto except pursuant to the terms of this Agreement. Any reference in this Agreement to a
specifically named party shall be deemed to apply to any successor heir, administrator, executor
or assign of such party who has acquired an interest in compliance with the terms of this
Agreement, or under law.
17.17 Parties Not Co-ventures. Nothing in this Agreement is intended to or does
establish the parties as partners, co-venturers, or principal and agent with one another, nor
employees and/or employers of each other.
17.18 Warranties. The City expresses no warranty or other representation to the
Developer other than those expressed within this Agreement, as to fitness or condition of the
Property.
Development Agreement -- Page 13
June 28, 2007
17.19 Reasonable Approvals. The approval of a party of any documentation or
submissions herein called for shall not be unreasonably withheld unless the text clearly
indicates a different standard. All such approvals shall be given or denied in a timely and
expeditious fashion.
17.20 Recordation. Within 10 days after the effective date of this Agreement, or any
modification or the cancellation thereof, the City Clerk shall have this Agreement, the
modification or cancellation notice recorded with the County Recorder of King County.
17.21 Execution of Other Documentation. The City and the Developer agree to
execute any further documentation that may be necessary to carry out the intent and obligations
under this Agreement.
17.22 Complete Understanding of the Parties. This Agreement is executed in two (2)
duplicate originals, each of which is deemed to be an original. This Agreement consists of 14
pages and attached Exhibits and constitutes the entire understanding and agreement of the
parties.
DATED this day of
CITY OF AUBURN
Peter B. Lewis, Mayor
2007.
PARKSTONE INVESTMENTS, INC.
Daniel Stoner, President
Dated:
Attest:
Danielle Daskam, City Clerk
A rov,~ as t eiir /~ n
Dated
Development Agreement -- Page 14
June 28, 2007
EXHIBIT A
THAT PORTION OF TRACT 30, WHITE RIVER VALLEY HOME TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE(S) 17, IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 30;
THENCE SOUTH 0°10'32" WEST ALONG THE WEST LINE OF SAID TRACT, A
DISTANCE OF 300 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00°10'32" WEST 370.8 FEET;
THENCE SOUTH 89°49'28" EAST 211.21 FEET TO THE EAST LINE OF SAID TRACT 30;
THENCE NORTH 0°12'39" EAST ALONG SAID EAST LINE 370.8 FEET;
THENCE NORTH 89°49'28" WEST 210.44 FEET TO THE TRUE POINT OF BEGINNING;
AND
THAT PORTION OF TRACT 31, WHITE RNER HOME TRACTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE(S) 17, INKING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 31;
THENCE SOUTH 1°58'00" WEST ALONG THE WEST LINE OF SAID TRACT 559.30 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 1°58'00" WEST ALONG SAID WEST LINE 114.27 FEET;
THENCE NORTH 59°29' 10" EAST ALONG A RADIAL LINE 243.52 FEET TO THE
WESTERLY LINE OF PRIMARY STATE HIGHWAY NO. 5;
THENCE NORTHERLY ALONG SAID WESTERLY LINE, BEING THE ARC OF A CURVE
TO THE RIGHT HAVING A RADNS OF 2905 FEET AN ARCH DISTANCE OF 90.69 FEET;
THENCE SOUTH 61 ° 16'29" WEST ALONG A RADIAL LINE 183.67 FEET TO THE TRUE
POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED
TRACT:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF SAID TRACT
31 WITH THE WESTERLY LINE OF STATE ROAD NO. 5;
THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 31, A DISTANCE OF 7 FEET;
THENCE SOUTH 59°27' WEST 49 FEET;
THENCE NORTH 32°16' WEST 124 FEET;
THENCE NORTH 65°31' EAST 53 FEET, MORE OR LESS, TO THE WESTERLY LINE OF
SAID STATE ROAD NO. 5;
THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE 112 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING, AND
THAT PORTION OF TRACT 31, WHITE RIVER VALLEY HOME TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE(S) 17, IN KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 30 OF SAID PLAT;
THENCE SOUTH 0°10'32" WEST ALONG THE WEST LINE OF SAID TRACT 30, A
DISTANCE OF 300 FEET;
THENCE SOUTH 89°49'28" EAST TO THE WEST LINE OF SAID TRACT 31 AND THE
TRUE POINT OF BEGINNING;
THENCE SOUTH 0°12'39" WEST TO A POINT LYING 559.30 FEET SOUTH OF THE
NORTHWEST CORNER OF SAID TRACT 31;
EXHIBIT A
THENCE NORTH 61°16'29" EAST 183.67 FEET, MORE OF LESS, TO THE
SOUTHWESTERLY LINE OF PRIMARY STATE HIGHWAY NO. 5;
THENCE NORTHEASTERLY ALONG SOUTHWESTERLY LINE TO A POINT WHICH
BEARS SOUTH 89°49'28" EAST FROM THE TRUE POINT OF BEGINNING;
THENCE NORTH 89°49'28" WEST TO THE TRUE POINT OF BEGINNING;
EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR
COURT CAUSE NUMBER 626590; AND
EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED
TRACT:
BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF SAID TRACT
31 WITH THE WESTERLY LINE OF STATE ROAD NO. 5;
THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 31, A DISTANCE OF 7 FEET;
THENCE SOUTH 59°27' WEST 49 FEET;
THENCE NORTH 32° 16' WEST 124 FEET;
THENCE NORTH 65°31' EAST 53 FEET, MORE OR LESS, TO THE WESTERLY LINE OF
SAID STATE ROAD NO. 5;
THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE 112 FEET, MORE OR
LESS, TO THE POINT OF BEGINNING;
EXCEPT PORTIONS AS CONDEMNED IN CITY OF AUBURN ORDINANCE NUMBERS
2511 AND 2659.
~~~
Nnmber of P~-,~„~
;. ~
CITY OF .-*
.,
V ~~~~N
WASHINGTON
Peter B. Lewis, Mgyo.
25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-300(
FINAL MITIGATED
DETERMINATION OF NON-SIGNFICANCE
SEP07-0003
DESCRIPTION OF PROPOSAL: Development Agreement to allow the construction of a 120 unit
senior apartment project and 6000 sq. ft: retail building on a 2.67 acre site within a "C3" Heavy
Commercial zone district.
PROPONENT: Keith James, Legato Consulting
LOCATION: 5029 Auburn Way North; west side of the street
LEAD AGENCY: City of Auburn
MITIGATION MEASURES:
1. Compensatory flood storage will be required to mitigate the displacement of flood storage
volume at a 1 to 1 ratio caused by fill being placed for construction activities.
2. Left turn channelization shall be installed in Auburn Way North to the satisfaction of the City
Engineer to mitigate potential left turning movement impacts.
The lead agency for this proposal has. determined that it does not have a probable significant
adverse impact on the environment. An environmental impact statement (EIS) is not required
under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental
checklist and other information on file with the lead agency. This information is available on the
public on request.
RESPONSIBLE OFFICIAL:
POSITION/TITLE:
ADDRESS:
DATE ISSUED: May 30. 2007
David Osaki, AICP
Interim Director of Planning, Building
and Community Development
25 West Main Street
Auburn, WA 98001
(253 9 090
! ~ •f
SIGNATURE: `~;
,..{
Note: This determination does not constitute approval of the proposal. Approval of the
proposal can. only be made by the legislative or administrative body vested with that
authority. The proposal is required to meet all applicable regulations.
Any person aggrieved of this final determination may file an appeal with the Auburn City Clerk
within 21 days of the date of issuance of this notice. All appeals of the above determination must
be filed by 5:00 P.M. on June 20, 2007 with required fee.
AUBURN * MORE THAN YOU IMAGINED