HomeMy WebLinkAboutCAG1999-0364 - Original - Schneider Homes, Inc. - Copper Ridge Project Settlement Agreement - 10/12/1999 SETTLEMENT AGREEMENT BETWEEN SCHNEIDER HOMES, INC.
("SCHNEIDER HOMES") AND THE CITY OF KENT
RECITALS
A. Schneider Homes and the City of Kent are parties to a lawsuit now
pending before the Washington State Court of Appeals Division I, Case No. 44696-7-I.
This case involves a claim for damages by Schneider Homes against the City of Kent as a
result of the City's processing of applications made by Schneider Homes for land use
permits and approvals needed to proceed with a project known as Copper Ridge.
B. Schneider Homes filed applications for approval of a preliminary plat and
a Planned Unit Development for the Copper Ridge project to be with King County in
January, 1991. The property on which the Copper Ridge project is located was, at that
time, in unincorporated King County. In May 1993, before King County had completed
the review of these applications, this property was annexed into the City of Kent.
C. The City of Kent refused to process the application by Schneider Homes
for a planned unit development and Schneider Homes sued the City of Kent. In
Schneider Homes v. The City of Kent, 87 Wn. App. 774, 942 P.2d 1096 (1997), the court
held that Schneider Homes had a vested right to have its application for a planned unit
development processed by the City of Kent.
D. On April 23, 1999, King County Superior Court dismissed the damage
claim by Schneider Homes against the City of Kent. Schneider Homes appealed that
dismissal on April 21, 1999.
E. In 1996 the City of Kent entered into an Interlocal Agreement with King
County establishing the land use review process for applications for projects located in
areas of unincorporated King County annexed by the City of Kent.
F. The parties intend to provide for a settlement of all claims by Schneider
Homes against the City of Kent upon the City's completion of a land use review process
that is as close as possible to the land use review process that has been followed in other
areas annexed by the City of Kent.
AGREEMENT
NOW, THEREFORE, the parties agree as follows:
I. Schneider Homes and the City of Kent will complete the land use review
process for Schneider Homes' applications for preliminary plat approval and for approval
of a Planned Unit Development in a manner set forth below.
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I.I. Schneider Homes and the City of Kent will use their best efforts to
obtain the agreement of King County to provide the services of its land use staff to
complete the pre-hearing review of these applications in a manner similar to that set forth
in the Interlocal Agreement between King County and the City of Kent entered into in
March 1996. This may include the amendment of Interlocal Agreement between King
County and the City of Kent or the entry into a new Interlocal Agreement to authorize
such services.
1.2. Schneider Homes and the City of Kent will request that a King
County Hearing Examiner agree to serve as a hearing examiner pro-tem to conduct the
required public hearing to consider these applications. In the event that a King County
Hearing Examiner is unable to provide such services, Schneider Homes and the City of
Kent will agree upon a hearing examiner, with experience in applying King County's
land use regulations, to serve as a hearing examiner pro-tem.
1.3. The City of Kent will coordinate with King County and will
provide all required public notices for public hearings and other actions associated with
the applications and the City of Kent will provide the facilities at which a public hearing
will be held.
1.4. Schneider Homes will pay all of the costs and fees charged by
King County and by the hearing examiner pro-tem for the services provided to complete
the review as provided for in this Agreement.
1.5. Any administrative appeal of the Hearing Examiner's decision will
be considered by the City Council of the City of Kent.
1.6. The laws, ordinances, and policies to be applied to review these
applications will be those in effect at the time that the applications vested.
2. Schneider Homes and the City of Kent agree to use their best efforts and to
negotiate in good faith to resolve any procedural matters relating to the land use review
process which are not specifically covered in this Agreement or the Interlocal Agreement
between Schneider Homes and King County. The intent of the parties is to process these
applications as nearly as possible as if review had been completed by King County in
1993 without annexation.
3. Schneider Homes will dismiss the pending appeal with prejudice and
without costs to either party within thirty (30) days following the issuance of a final
decision on the applications of Schneider Homes by the City of Kent without the filing of
a timely challenge to those decisions as allowed under the Land Use Petition Act,
RCW ch. 36.70 C.
4. This agreement may be executed in counterparts.
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DATED as of the-17 day of /-*a-7y 6;z� , 1999.
CITY OF KENT
By
Roge Lubovic
City Attorney for City of Kent
HILLIS CLARK MARTIN & PETERSON, P.S.
By
George A. Kresovich
Attorneys for Schneider Homes, Inc.
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