Developer (Dis)Agreements. Examples from Bend, OR. Aaron Henson, AICP Senior Planner

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1 Developer (Dis)Agreements Examples from Bend, OR Aaron Henson, AICP Senior Planner City of Bend, OR December 2, 2011

2 Existing Conditions, 2004

3

4 Proposed Addition, 2004

5 Proposed Elevations, 2004

6 (Not) in My Back Yard

7 Map of Opponents

8 Hearings Officer s Decision Unresolved Livability Issues Intrusion of a two-story building into the neighborhood that is out of scale with the surrounding residences in the neighborhood. Loss of the residential character of the neighborhood. A loss of privacy resulting from construction of a two-story structure that looks into neighbors back yards. The possibility that provided parking will be insufficient. The Hearings Officer finds that the impact will be particularly felt by those whose back yards the KIDS Center addition will loom over. Those residents will loose any sense of privacy they might have had in their backyards The Hearings Officer finds that there is no mitigation that could remove the sense of intrusion that would come from the addition.

9 Settlement Agreement, DCF and the KIDS Center agree to file a new land use application for a single-story addition on the lot adjacent to the east of the existing KIDS Center facility in substantially the form of the plan attached hereto as Exhibit A. The new land use application will retain all on-site storm water drainage on the property, direct the alley drainage down the alley to an approved city facility in 13th Street, and include a lighting plan as part of the application. In addition, DCF and the KIDS Center agree that the roofline on the new addition will be no higher than the existing building and will collaborate with the neighbors to see if a step down roof is practical. Also, the design will attempt to save the large Elm tree if healthy. 2. Baumann-Douglas and Henson agree to support the new land use application described in paragraph 1 above and to not oppose, appeal, or otherwise participate in opposition, either directly or indirectly, the new proposal.

10 Settlement Agreement, continued 3. Prior to the submission of the new land use application, DCF and the KIDS Center agree to seek input from the neighbors during the design process. In addition, DCF and the KIDS Center agree to meet with the parties at the end of the conceptual design process and prior to the public meeting. 4. DCF and the KIDS Center agree to hold the pending appeal in abeyance until a final, unappealed decision approving the singlestory addition referenced in paragraph 1 herein can be obtained. 5. Once a final, unappealed approval for the single-story addition is obtained, DCF and the KIDS Center will dismiss the pending appeal before the City of Bend and withdraw the underlying application. 6. If the new application is either denied or appealed, DCF shall have the option of pursuing the appeal on the new application or reinstating the pending appeal. If the pending appeal is reinstated, the terms of this Settlement Agreement shall be of no further force and effect.

11 Settlement Agreement, continued 7. DCF and the KIDS Center agree not to seek to expand the KIDS Center building for 10 years. 8. The Recitals and Exhibits are incorporated herein as part of the agreement.

12 Revised Site Plan, 2005

13 Revised Elevations, 2007

14 In My Back Yard, 2008

15 Post-Development Conditions

16 River Rim by Newland Communities

17 Existing Conditions, 2007

18 Existing Conditions, 2007

19 Brookswood Plaza Elevations

20 Brookswood Plaza Site Plan, 2007

21 Truck Access Issues

22 Settlement Agreement, Turn Radius. Brookswood Meadow, LLC will submit engineered plans to the City for a 35 ft. radius at the corner of Brookswood Boulevard and Amber Meadow Drive. 2. Relocation of Light Pole. Brookswood Meadow, LLC will relocate the existing light pole at the intersection of Brookswood Blvd. and Amber Meadow Drive to allow for the 35 ft. turn radius. 3. Path Across Common Area. Brookswood Meadow, LLC will work with the River Rim Community Open Space Committee on the design of the path through the Common Area. Brookswood Meadow, LLC will construct the path with lights similar to those in existing Common Areas. Once constructed, River Rim Community Association shall maintain the path and lighting and pay for the electricity required through assessments for common areas. 4. Raised Crossing on Amber Meadow Drive. Brookswood Meadow, LLC will construct or provide funds for a raised crossing on Amber Meadow Drive. The raised crossing will be constructed according to best practices and if required, to MUTC & ADA standards.

23 Settlement Agreement, continued 5. Landscaping. Brookswood Meadow, LLC shall install and maintain landscaping north of Amber Meadow Drive along its property boundary. RRCA will provide an easement or license to allow for installation and maintenance of such landscaping. 6. Parking on Amber Meadow. Brookswood Meadow, LLC is not in favor of removing the parking on the north side of Amber Meadow Drive. However, Brookswood Meadow, LLC will not take action to prevent RRCA from removing parking on Amber Meadow Drive. 7. Maintenance & Shared Liability Agreement. Brookswood Meadow, LLC and RRCA will continue to work in good faith toward a maintenance agreement and shared liability or insurance for the portion of Amber Meadow Drive and the sidewalk north of Amber Meadow Drive impacted by the Brookswood Plaza development. 8. General Settlement Terms. The parties declare and represent that they fully understand the terms of the settlement and voluntarily agree to the aforesaid improvements for the purposes of making a full compromise, adjustment, and settlement of any claims

24 Brookswood Plaza

25 Brookswood Plaza

26 Brookswood Plaza

27 Post-Development Conditions