Public Hearing – End of Development Agreements (DAs)

Excerpted from the Planning Policy Commission Agenda for Thursday, September 28th

End of Development Agreements:
Background: The City has a number of Urban Village Development Agreements in place in various areas of the City. Development Agreements are a State authorized tools where contracts can be jointly established between a property owner (aka Master Developer) and City. The Development Agreements do not automatically expire, but may be terminated by either party after a certain Build-out date. For Issaquah Highlands that date is September 2017 and for Talus it is May 2017. The Master Developer for Issaquah Highlands, Port Blakely Communities (PBC) has asked to terminate the Issaquah Highlands Development Agreement. The City will ask to terminate the Talus Development Agreement. In addition, two other Urban Villages adjacent to Issaquah Highlands, TOD (Transit Oriented Development, containing zHome and the YWCA Family Village) and WSDOT TDR (Washington State Department of Transportation
Transfer of Development Rights, containing Pinecrest and Sun Ridge) are built out, except for the Bellevue College Property. The City is asking to terminate these Development Agreements at the same time, except for the Bellevue College property. See the map in the Amendment materials.

Approach: The City has proceeded with our work using several goals, which are:
▪ Keep the existing and distinct characters of Talus and Issaquah Highlands by using the same or similar goals, guidelines, standards as were used to developed each Urban Village.
▪ Create as few non-conforming situations as possible. Legal non-conforming is defined as: “A use, structure, site, lot or other situation which conformed to the applicable codes in effect on the date of the creation of that situation, but which no longer complies because of changes in code requirements or annexation.”
▪ Make the regulations consistent with the rest of the City where it will not significantly impact character.
▪ Retain the use on properties that has already been developed by narrowing the list of allowed uses.
▪ In terms of zoning and regulations, the TOD and WSDOT TDR areas will be consolidated with Issaquah Highlands.

The Planning Policy Commission has had several meetings with the City’s Urban Village Development Commission to understand how the UVDC has used the Development Agreements as a tool in review and approval of development, and what tools they continue to need for development review as the Development Agreements end.