ORD 2313 ORDINANCE NO .
AN ORDINANCE approving a development agreement
between the City of Camas and Shockley Company , LLC , for a
residential development on certain property within the City of
Camas .
WHEREAS , Shockley Company , LLC , is the owner of five contiguous pieces of property
located within the City of Camas between NW 7th Avenue and NW 8th Avenue and west of
Logan Street , and
WHEREAS , Shockley Company , LLC , has proposed to develop the site as a
condominium project for 18 owner- occupied condominium units , and
WHEREAS , on April 9 , 20019 the City adopted a Comprehensive Plan amendment and
rezone from a plan designation of single - family high density and associated zone of R1 - 7 . 5 to a
plan designation of multiple - family low and associated zone of MF - 10 , contingent upon
compliance with certain conditions , and
WHEREAS , the parties have caused to be prepared a development agreement which
contains the conditions adopted in the Comprehensive Plan amendment and re - zone process and
provides for the development of the property in accordance with the proposal made by Shockley
Company , LLC , and
WHEREAS , on April 8 . 2002 ; the City Council conducted a spublic hearing on the
proposed development agreement at which time it considered testimony from all interested
parties , and
WHEREAS , the Council finds that the agreement has been reviewed' by * the planning
manager and has been found to meet applicable planning requirements ; and that residential use is
appropriate for the site as it is located in a transitional ' area of townhouses , duplexes and single -
family dwellings , and
WHEREAS , the Council desires to approve the development agreement ,
NOW , THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY * OF
CAMAS AS FOLLOWS :
Section I
That certain development agreement between the Sho46klfey Company ; LLC , and the City
of Camas relating to five contiguous pieces of real ' propertylocated between NW 7' Avenue and
NW 8th Avenue and west of Logan Street within the city limits of Camas , is hereby approved .
The Mayor is authorized and instructed to sign the agreement on behalf of the City . . .
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Ordinance No . Page 2
Section II
The development agreement shall be recorded with the Clark County Auditor pursuant to
the requirements of RC W 3 6 . 70B . 190 *
Section III
This ordinance shall take force and be in effect five ( 5 ) days from and after itsp ublication
according to law .
PASSED by the Council and APPROVED by the Mayor thisy day of April , 2002 .
Ort
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SIGNED .
.a.
r
Mayor
ATTEST :
Clerk
A
I' OVER to form .
C ' y Attorney
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Development Aureement
Parties . The Shockley Company L . L . C . , hereinafter referred to as " Owner"
and
City of Camas , hereinafter referred to as " City"
Effective Date . 2002
Recital :
Whereas , the Owner of 5 contiguous pieces of real property, hereinafter referred to as the
" site " , located with in the City of Camas between NW 7th Ave and NW 8th Ave ,
generally described as Clark County Assessors tax parcel numbers 085775 - 020 . 0 ,
085775 - 015 . 0 , 085775 - 010 . 0 , 085775 - 005 . 0 , 085775 - 000 . 0 ; and
Whereas , this Agreement has been reviewed by planning manager and has been found to
meet applicable planning requirements : and
Whereas , residential use is the appropriate use for the site as it is located in a transitional
area of townhouses , duplexes and single family dwellings ; and
Whereas , the Owner wishes to develop the site as a condominium project , in accordance
with RCW 58 . 18 and in accordance with the Comprehensive Plan amendment and
rezone ; and
Whereas , condominiums are in the public interest of the people of Camas for providing
increased owneroccupied housing for a demand * market close to down town Camas ,
recreational parks , public transportation and other facilities ; and
Whereas , owner occupied homes are a benefit to surrounding home owners and their
property values ; and
Whereas , condominiums allows flexibility in design and location which may result
parkin and allow for enhanced landscape design and increased
additional on site park
landscape uniformity and maintenance , and
Whereas , a condominium designation would allow for reduced City maintained
infrastructure , and
Whereas , on April 9 , 2001 the City adopted a Comprehensive Plan Amendment and
Rezone from a plan designation of single family high density and associated zone of R1 -
7 . 5 to a plan designation of multifamily low and associated zone of MF - 10 , for the site ,
contingent upon compliance with the following ;
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1 . Application for and approval of all necessary permits from the City to establish
up to 18 dwelling units on the site ;
2 . The minimum lot area for each townhouse shall be 3 , 000 square feet with an
average lot size of 3 , 750 square feet ;
3 . Construction of all approved units with in the time frame specified in a
development application or building pennit approval or three years from the
date of a final decision in this matter, whichever is sooner ;
4 . No additional residential units beyond 18 will be permitted; and
5 . Development shall otherwise comply with the development standards of the
MF - 10 zoning district .
6 . In the event the above conditions are not satisfied in the timeframes required,
the comprehensive plan and zone shall revert back to Single Family High
Density and associated zone of R1 - 7 . 5 or its nearest equivalent .
7 . A Homeowners Association shall be established and geotechnical review shall
occur through the development review process .
8 . Prior to approval of a development application, a development agreement
shall be entered into between the property owner and the City .
Whereas , the MF - 10 zoning district does not specify . a maximum number of units per
acre , but rather minimum lot sizes and ;
Whereas , 18 condominium units on 1 . 6 acres is consistent with the maximum number of
ifled in the Comprehensive Plan for Multiple Family Low
I2 units per acre as spec
classifications and ;
Whereas , due to current and potential market conditions , item three of the conditions of
approval shall be amended to say " Construction of development and application for
permits of all approved units to be with in three years frons the date of approval of
developers agreement " and ;
Whereas , both parties agree to work with due diligence and ;
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Terms
In consideration of developers agreement, acceptable to both parties , both
parties do hereby agree to the following .
1 . Development of the condominium units to be in compliance with amended
contingencies of Comprehensive Plan Amendment and Zone Change to MF
10 , dated April 9 , 2001 .
2 . Nothing in this agreement shall modify or conflict with the conditions setforth
in the Notice of Final Decision of the Meadow Ridge II subdivision plat
alteration dated August 9 , 1999 . Specifically, a 5400t buffer shall be retained
as specified in Condition 2 of the Meadow Ridge Phase H replat .
3 . In the event any controversy or claim arises under this Agreement , the
prevailing party shall be entitled to its reasonable costs , disbursements and
attorney fees , together with all expenses which it may reasonably incur in
taking such action .
4 . Failure by either party at any time to require performance by the other party of
any of the provisions hereof shall in no way affect the partiess rights hereunder
to enforce the same , nor shall any waiver by the party of the breach hereof be
held to be a waiver of any succeeding breach or a waiver of this nonwaiver
clause .
5 . This Agreement shall be construed with and governed by the laws of the State
of Washington . The parties agree to venue in Clark County, State of
Washington .
G . If any portion of this Agreement shall be invalid or unenforceable to any
extend , the validity of the remaining provisions shall not be affected thereby .
7 . The covenants , conditions and terms of this Agreement shall extend to and be
binding upon and inure to the benefit of the successors and assigns of the
parties hereto ,
8 . The rules and regulations applicable to the permitting and development of the
condominiums shall be those in effect on the effective date of this agreement .
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9 . Each of the recitals contained herein are intended to be , and are incorporated
as , covenants between the parties and shall be so construed .
10 . This Agreement may only be amended by mutual agreement of the parties .
City of as , W sh ' gton The Sho p L . L . C .
By ByKkt
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