HomeMy WebLinkAboutITEM II-ACITY OF * r
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4410 Date: October 24, 2008
Department: Attachments: Budget Impact:
Planning, Building and Resolution No. 4410
Community
Administrative Recommendation:
City Council adopt Resolution No. 4410.
Background Summary:
The City of Auburn received a request for a development agreement under the City's former code chapter
14.21 (since repealed). The development proposal was for a 120 unit senior, apartment and retail project
on 2.67 acres located along Auburn Way North in the northern part of the City. The project went through
review by staff and by council committees and when initially presented was rejected by the city council for
concerns about access and concerns about how this fit within the scope of code requirements. Following
that rejection, the matter was presented to the court for review and the superior court remanded the
matter back to the city council for consideration of issues raised by the developers. In the meantime, the
developers and the City continued to work towards resolving their differences and a resolution of the
differences in terms of what the city wanted to see and what the developer wanted to build was reached
in the development agreement that is now being proposed for acceptance. The resolution approves the
development agreement with the changes that the City and the developer agreed to include and which
addresses some of the concerns identified by the City and the developer.
L1027-1
A3.13.8
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 ? Fire ? Planning
? Park Board []Public Works ? Legal ? Police
? Planning Comm. [I Other ? Public Works ? Human Resources
Action:
Committee Approval: []Yes ?No
Council Approval: []Yes ?No Call for Public Hearing
Referred to Until !
Tabled Until
Councilmember: Norman Staff: Baker
Meeting Date: October 27, 2008 Item Number: ILA
AUB Jj * MORE THAN YOU IMAGINER
RESOLUTION NO.4 4 1 0
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, former Auburn City Code 14.21, applicable to this project because of
vesting, provided that the CITY could 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. 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, following which the City Council denied the
proposed development agreement; and
Resolution No. 4410
October 23, 2008
Page 1
WHEREAS, on July 31, 2007, Auburn Senior Apartments, LLC and Parkstone
Investments, Inc., filed a petition seeking review of the land use decision pursuant to
Chapter 36.70C Revised Code of Washington (RCW); and
WHEREAS, following a review of the pleadings of the City and the Developer,
and a review of the record and having heard oral argument on January 18, 2008, the
King County Superior Court entered an order on February 22, 2008, reversing the City
Council's decision and remanding the development agreement for further consideration
based on certain facets that the Superior Court deemed warranted; and
WHEREAS, on March 17, 2008, the City Council resumed its hearing on the
proposed development agreement, and following consideration based on the record
established by the court and Section 14.21.010.A of the Auburn City Code, directed
staff to prepare the necessary document memorializing the City Council's findings,
conclusions and decision for final review and approval by the City Council; and
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.
Resolution No. 4410
October 23, 2008
Page 2
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 in substantial conformity
with the copy of said Agreement attached hereto, denominated as Exhibit "A" and made
a part hereof as though set forth in full herein.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
executing any agreements or documents settling all claims by Parkstone Investments,
Inc. related hereto.
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 October 2008.
PETER B. LEWIS, MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4410
October 23, 2008
Page 3
Resolution No. 4410
October 23, 2008
Page 4
APPROVED AS TO FORM:
CITY OF AUBURN - PARKSTONE INVESTMENTS, INC.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into as of
the _ day of , 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 36.70B.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 36.70B.170-200 of the Revised
Code of Washington (RCW) and Auburn City Code 14.21, the parties hereto have agreed to enter
into this Agreement to set forth the term 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
Development Agreement - Page 1
ND: 19241.002 4833-4242-6883v1
development and construction permits it may proceed with the development and construction of the
Project, and (iii) that such development rights will be vested and shall be valid for the duration of
the Project, which the City does hereby agree to and guarantee for a period of ten (10) years from
the date of execution of this Agreement.
In 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
Auburn City Code. The principal office is located at 25 West Main Street, Auburn, Washington
98001-4998.
Development Agreement - Page 3
ND: 19241,002 4833-4242-6883v1
The Developer shall have the option to substitute market rate senior housing for some or all of the
income-restricted units. If Regulatory Agreements are not entered into by the Developer with the
Washington State Housing Finance Commission, then the Developer shall record a covenant
against the Property, effective for the life of the Project, restricting the age of all primary household
members to 62 years or older.
General purpose access to the Properties shall be provided via a single curb cut on Auburn Way
North, and channelization shall be provided within Auburn Way North to prevent left turns into/from
the Properties. In addition, the Developer shall provide: 1) a secondary emergency access curb
cut from Auburn Way North on the north end of the Property, which access shall be used only for
emergency access, and 2) stub road improvements on the northwestern edge of the Property, to
allow for a potential future connection to a road constructed by others west of the Property. The
Developer shall continue to cooperate with neighboring properties, as those properties change
ownership or control, or as such properties are proposed for development, to work toward
providing a second general purpose access to the Property.
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.
6.02 Vesting. The Developer shall have the vested right to develop the Project
described in Section 5 for a period of ten (10) years from the date of execution of this Agreement,
subject only to the exception in subsection 6.05. The City's ordinances, resolutions, rules and
regulations, and official policies governing permitted land uses, density, design, improvement, and
construction standards for the Project shall be those City ordinances, resolutions, rules and
regulations, and official policies in force as of May 31, 2007.
Development Agreement - Page 5
ND: 19241.002 4833-4242-6883v1
parking, landscaping, outdoor plaza and other amenities as depicted on the site plan (Exhibit B).
(The parties acknowledge that the site plan will need to be revised to incorporate the secondary
emergency access curb cut and stub road improvements described in Section 5.) The Agreement
also authorizes the construction of a maximum 6000 sq. ft. single story retail building. Future
commercial uses in the retail building shall be as allowed in the C3 Heavy Commercial Zone as of
May 31, 2007. 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 within Auburn
Way North to prevent left turns into/from the site), and other eligible project components. All public
facilities/infrastructure shall be installed by the Developer and inspected and approved by the City.
All public facilitieslinfrastructure shall be constructed to City of Auburn standards as in effect as of
May 31, 2007.
9.05 Future short plat. This agreement authorizes the Developer to divide the
Property into two lots through a short plat process, with one lot containing the retail building and
one lot 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. Approval of the short plat will follow the City's established
review and approval process, provided that no additional SEPA review shall be required for the
short plat process.
Development Agreement - Page 7
ND: 19241,002 4833-0242-6883v1
d. Prior to issuance of a Certificate of Occupancy, a six foot solid fence shall be
installed along the western boundary of the Property. Evergreen landscaping shall be
installed by the Developer in a two foot wide area on the adjacent property, west of this
solid fence, with a species selected that has a minimum three foot height at time of
planting and a height of at least 10 feet at maturity. The Developer shall be responsible
for maintaining the fence and landscaping. Fencing and landscaping shall conform to the
code re4quirements in effect on May 31, 2007.
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 30,
2007. The Mitigated Determination of Non-Significance and related mitigation measures, are set
forth in Exhibit C, attached to this Agreement and made part hereof.
SECTION 11. IMPACT FEES
The Developer agrees to pay in full at the time of building permit issuance all applicable
impact fees (including but not limited to traffic, parks, fire, and school, to the extent that they apply)
in effect as of the date of the application of the building permit. As to the currently pending building
permit, as provided for in Auburn City Code 19.04.040 (traffic), 19.06.040 (fire), and 19.08.030
(parks), the amount of impact fees to be paid shall be based upon the impact fee schedules in
effect on May 31, 2007, the date a complete building permit application was submitted for the
Renaissance. If that building permit expires and new building permits are applied for, the amount
of impact fees to be paid shall be based on the impact fee schedule in effect at the time the
complete new building permit applications are submitted.
SECTION 12. GOVERNMENT APPROVALS
Should the Developer at any time require the approval of any non-City governmental body
or board, whether of local, regional, state or federal jurisdiction, the Developer shall bear the sole
Development Agreement - Page 9
ND: 19241.002 4833-4242-6883v1
adjustment, an amendment to the 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.
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.
Development Agreement - Page 11
ND: 19241.002 4833-4242-6883v1
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.
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.
Development Agreement - Page 13
ND: 19241.002 4833-4242M83v1
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-ventures, 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.
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, or 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 16
pages and attached Exhibits and constitutes the entire understanding and agreement of the
parties.
Development Agreement - Page 15
ND: 19241.002 4833-4242-6883v1
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 32016' 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.
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µ•,?r WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3
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 Aubum 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:
POSITIONITITLE:
ADDRESS:
DATE ISSUED: May 30. 2007
David Osaki, AICP
Interim Director of Planning, Building
and Community Development
25 West Main Street
Auburn, WA 98001
(253y'9
090
'a)
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 IMAGINI