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BOOK 1 02., PAG,C394 11.A. OSLO PLAZA SHOPPING CENTER DEVELOPER'S AGREEMENT AND MODIFY SITE PLAN APPROVAL CONDITIONS — OSLO PLAZA ASSOCIATES INC. The Board reviewed a Memorandum of August 19, 1997: TO: James E. Chandler County Administrator D SION HEAD CONCURRENCE: ObertM. Keating, AfqP Community Developm Du or /4.8• FROM: Stan Boling, AICP Planning Director DATE: August 19, 1997 SUBJECT: Request to Approve Oslo Plaza Shopping Center Developer's Agreement and to Modify Site Plan Approval Conditions It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 26, 1997. BACKGROUND: On February 27, 1997, the Planning and Zoning Commission granted conditional site plan approval for the Oslo Plaza Shopping Center project proposed by developer Brian West. As approved, the project involves construction of a 71,915 square foot retail shopping center on 12.24 acres of property located at the northwest corner of Oslo Road (9th Street S.W.) and 27th Avenue S.W. (see attachments 1, 2, and 3). One significant issue addressed during the site plan review and approval process was the need for and timing of improvements to the Oslo Road/27th Avenue S.W. intersection. Another issue involved project -related improvements for turn lanes into the project. Two of the site approval conditions addressed the Oslo/27th Avenue improvements issue. These conditions require the following: 1. (Cond. 2c) Prior to site plan release and issuance of a building permit, the developer shall enter into a developer's agreement with the county that provides for construction of the Oslo Road/27th Avenue S.W. intersection improvements prior to issuance of a C.O. (certificate of occupancy) for the shopping center. 2. (Cond. 3c) Prior to issuance of a C.O., the Oslo Road/27th Avenue S.W. intersection improvements shall be completed. The developer is now trying to obtain jurisdictional agency permits and satisfy approval conditions so that the project can move forward. In that regard, the developer has filed an appeal of the condition language that would require completion of the intersection improvements prior to issuance of a C.O. Anticipating that the developer's agreement would resolve the C.O. timing issues, staff and the developer agreed to delay the appeal. As structured, the proposed developer's agreement would resolve the timing issues and make the appeal moot. Since the time of site plan approval, the public works department has made significant progress with respect to off-site improvements needed by this project. Not only has public works staff acquired the right-of-way necessary for the intersection improvements; they have also negotiated with Mr. West regarding construction, timing, and fairshare contribution issues. As a result of these discussions, a developer's agreement, acceptable to public works staff; planning staff and the developer, has been negotiated, whereby the obligation to complete the improvements in a timely manner is placed on the county. In return, the county would have complete control of the project and receive a $150,000 contribution from the developer (over and above the project's traffic impact fee obligation). This represents about 20% of the total project's estimated cost of $750,000. AUGUST 26, 1997