A developer is asking city officials to rescind a decade-old agreement that he says has hamstrung his ability to build on land he owns off Southeast Mill Plain Boulevard and Southeast Hearthwood Boulevard.
The request by Asghar Sadri to the Vancouver Planning Commission and City council sparked a larger discussion about how the city plans for future development.
At issue is a development agreement between the city and Sadri and Ken Yu, who also owns property on the site, that was established after the city rezoned the property, according to Bryan Snodgrass, the city’s community and economic development planner.
Sadri and Yu had first applied for a rezone in 2002. The rezoning was approved, but came with restrictions on land use and new development standards. They asked for an amendment to the agreement in 2008, which was denied. In 2009, the current agreement was approved to allow greater range in development, but the owners argue the terms are still too restrictive. Much of the site remains undeveloped.
The agreement prohibits drive-thru businesses, 24-hour services, gas stations, self-serve storage and car washes. Some restrictions deal with access and the need to limit the number of cars entering the property. The parcel can only have two access points from Mill Plain, and one already exists leading into a strip mall on site. The plan also dictates that all properties must have access to 148th Avenue.
Steve Morasch, an attorney with Landerholm, represented the men before the Planning Commission in May. He said the restricted uses on the site are unfair.
“If we hadn’t done anything in 2002, we wouldn’t be here today,” Morasch said. “Our property would have most likely been (rezoned as commercial) at this point, and then we wouldn’t be subject to design restrictions or use restrictions. What we’re asking for is basically the same treatment of other properties up and down the corridor.”
Snodgrass said it’s unusual that a piece of property in Vancouver comes with a development agreement a decade old, and Councilor Ty Stober said he understands the applicant’s frustration given the circumstances.
“We’ve told them all of the things they can’t do but not necessarily helped them understand (what they can do),” Stober said.
In 2007, Sadri built the only existing development on site. It’s a strip mall that features a nail salon and restaurants. In 2017, he submitted a pre-application for storage facilities, currently prohibited as outlined in the development agreement. The request to rescind the agreement came in earlier this year.
The Planning Commission and city staffers are recommending the bulk of the agreement remain in place, including use restrictions that would prohibit a storage facility.
Officials are recommending, however, to do away with some screening requirements that are redundant with existing city code. The issue will come back to council for review in August.
The situation sparked a larger conversation about Vancouver’s future.
Development agreements such as this one play into the city’s vision for growth. Limitations are aimed at shaping development and ensuring the city heads in the preferred direction, whatever that may be at the time.
Snodgrass said there are a few subarea plans on deck for review in the next year or so, and the city will start considering a commercial corridor as part of the larger east-west corridor along Fourth Plain Boulevard and Mill Plain Boulevard.
Councilor Alishia Topper suggested a preference to consider these agreements and subarea plans with an eye toward Bus Rapid Transit and proposed system expansion. The council can work toward developing a consistent vision, City Manager Eric Holmes said, with this context in mind in the near future.
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