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Development Agreement

Notice of Development Agreement Implementing Comprehensive Plan Land Use Map Amendment Ordinance C35027

Background

On September 23, 2013, the City Council adopted Ordinance C35027, approving an application to amend the City's Comprehensive Plan Land Use Map from "Office" and "Residential 4-10" to "CC-Core" for .64 acres located at the Northeast corner of 32nd Avenue and Grand Boulevard (map on reverse), and also amending the City's zoning map from "Office (0-35)" and "Residential Single Family (RSF)" to "Centers & Corridors Type 1, District Center" (CC-1, DC). The City Council conditioned its approval on the applicant entering into a binding development agreement in two respects: (1) the parking lot shall be located in the easterly portion of the site and the buildings shall be located within only the westerly four lots of the site; and (2) vehicular ingress and egress from the site along 32nd Avenue is not permitted, or as an alternative, access to 32nd Avenue is limited to an egress point only that is designed to prevent left turns eastbound onto 32nd Avenue.

A public hearing was held before City Council on Monday, July 14, 2014 on the Development Agreement required by the adoption of Ordinance C35027 (aka Carlberg Comprehensive Plan Land Use Map Amendment). No final action was taken at the July 14 hearing. During discussion, a motion was made and accepted by Council to engage in a meeting between neighborhood representatives and the developer before acting on this matter. Councilmember Allen is facilitating this meeting.

A Council Action Memo describes this action and the motion. City Council will continued discussion of this item at its August 11, 2014 meeting and adopted the Development Agreement by Resolution (RES 2014-0076).

Development Agreements are authorized under Chapter 17A.060 and RCW 36.70B.170. The execution of a development agreement in and of itself is an administrative act, as opposed to a quasi-judicial or legislative act, and is a proper exercise of the City's police power and contract authority. The Spokane Municipal Code, Chapter 17A.060.