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HomeMy WebLinkAboutR-2270 - Authorizing the Mayor to execute a development agreement by and between the City of Marysville and Shasta Ridge, LLC pursuant to RCW 36.70B.200CITY OF MARYSVILLE Marysville, Washington RESOLUTION ;).J.-70 A RESOLUTION OF THE CITY OF MARYSVILLE, WASHINGTON, AUTHORIZING THE MA YOR TO EXECUTE A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MARYSVILLE AND SHASTA RIDGE, LLC PURSUANT TO RCW 36.70B.200. WHEREAS, the City is delegated authority by RCW 36.70B.170 through 36.70B.200 to enter into development agreements as a proper exercise of the municipal police power and contract authority; and WHEREAS, Shasta Ridge, LLC owns or controls certain real propelty located on the west side of 83 rd Avenue NE,approximately 300 feet south of the 83 rd Ave. NE/40th Street intersection, on Parcel Numbers (APN) 00590700021500, 00590700021800 and 00590700023800 (the "Property"); and WHEREAS, Shasta Ridge, LLC submitted a preliminary plat application to Snohomish County for a 73 single family lot subdivision, which was approved by the County on January 8, 2007, based on the County's determination that the application was in compliance with all County land use requirements that were applicable when the complete application was submitted to the County; and WHEREAS, following approval of the preliminary plat, the applicant constructed and installed infrastructure including streets, stormwater detention and conveyance systems, water and sewer systems, in compliance with County regulations; and WHEREAS, before final plat approval was granted by Snohomish County, the Property was annexed into the City of Marysville and the applicant has submitted a substantially revised preliminary plat application to the City of Marysville for 110 single family lots (a mixture of 92 attached and 18 detached units); and WHEREAS, City staff is recommending that the already constructed storm drainage facilities on the Property be accepted; provided that impervious coverage, which is actually less in the revised preliminary plat, is not increased; and further provided that Shasta Ridge, LLC maximizes the use of low impact development techniques as set forth in the Development Agreement attached hereto as Exhibit A; and WHEREAS, City staff is also recommending that the wetland tract and buffers, which were established per County code, also be accepted, because the plat infrastructure is in place, with the streets constructed at the edge of the buffer, so that it would be infeasible to widen the buffers unless the utilities and streets were relocated, which is not economicaUy feasible or environmentally acceptable; provided that mitigation measures are implemented as set forth the Development Agreement; and WHEREAS, City staff's recommendation is based on the following facts: (l) the revised preliminary plat design is consistent with the City comprehensive plan, development regulations, and standards, except for the above referenced drainage facilities and wetland buffers; (2)the revised preliminary plat design is superior to the previously approved design and provides additional open space and a public park; and (3) the City's SEPA Responsible Official has issued a mitigated determination of non-significance for the revised preliminary plat and this Development Agreement; and WHEREAS, the City recognizes the public benefits available from the development of the property as proposed by Shasta Ridge, LLC; and WHEREAS, in authorizing development agreements pursuant to RCW Sections 36.70B.170-210, the Legislature found that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for ATTEST: APPROVED AS TO FORM: ./ Grant K. Weed, City Attorney