For King County Parcel #132308-9020
Formerly called “The Auto Mall”*
(THE VOTE HAS BEEN MOVED UP TO TUESDAY NIGHT AT 7:00 PM AT CITY HALL!)
The proposed Development Agreement (DA) (start on page 13) raises several serious concerns that need to be addressed before the City Council moves forward with approval. These issues impact public health, environmental protections, and compliance with city regulations.
1. Inadequate Application Information
- Problem: The Development Agreement (DA) does not comply with North Bend Municipal Code (NBMC) application requirements, which demand details such as permitted uses, protection of critical areas, stormwater management, site plan and more. A Master Plan is not provided. There is not even a brief description of what the proposed development would be.
- Why It Matters: Without a clear project plan, approving the DA is premature as there is no way for City Council to assess the overall impact of the development (budgetary or otherwise). This "cart before the horse" approach is imprudent and possibly illegal. Approving the DA without concrete details could lock the city into an agreement that doesn’t serve the best interests of the community. We understand that If Council approves this agreement now, they will have no further ability to provide input into the Master Plan or any other development process. There will be no “down the road” ability to impact the development. The Developer has the option to remedy these deficiencies and resubmit a new DA.
2. Environmental Review Concerns (SEPA)
- Problem: The DA defers State Environmental Policy Act (SEPA) review, stating that it will occur with the development proposal and master plan, not as part of this agreement.
- Why It Matters: This approach could mean that the DA itself will never undergo a full environmental review, leaving critical environmental impacts unaddressed early in the process.
3. Public Health and Safety Protections (RCW 36.70B.170(4))
- Problem: The DA lacks the necessary language to address "serious threats" to public health and safety, as required by state law. The DA instead references a city code that only refers to "imminent" threats.
- Why It Matters: Without this important clause, the city may lack authority to enforce new regulations that protect public health and safety in the future.
4. Unfounded Claims Regarding Economic Impact
- Problem: The DA packet references questionable claims of creating 600 jobs and $74M in increased property value. With no detail outlined in the DA, not even a description of the business concept, how accurate can these estimates be? Also, while property value may increase for this parcel, the development may lead to lower property values in nearby neighborhoods. Also, how will the impact of additional built space impact the existing problem of empty buildings in North Bend?
- Why It Matters: These inflated numbers may pressure the City Council into making hasty decisions based on unrealistic projections rather than sound analysis. The decrease in property values of surrounding neighborhoods should also be taken into account.
5. Why are the “give away” incentives so high?
- Problem: The 50% Impact Fee Reduction and Tax Credit Offsets for transportation and stormwater infrastructure given to the developer appear excessive and could contribute to short and longer-term budget shortfalls. Considering the excess of empty rental space in North Bend, longer-term return on investment is also in question. What are the assurances North Bend could recoup even a portion of these fees from Middle Fork Development LLC (last we looked, they were not registered to do business in Washington State). SeaCon as a “proponent” doesn’t appear to be legally liable to cover future payouts. Should the City sign an agreement with an LLC that is not registered as a Washington State Business?
- Why It Matters:
North Bend needs these fees and taxes to keep up with the demands of our transportation and stormwater systems and to balance current and future budgets.
6. The DA doesn’t reflect a specific and guaranteed source of water.
The City can’t obligate Sallal Water Association, a member owned organization, to provide the water to this development and we understand the estimated cost for North Bend to provide the water runs into the millions. Is North Bend willing to accept these costs? Moving the parcel to Sallal would also require state and other approvals.
7. The DA also does not fit within North Bends Vision and Brand Statements:
Vision Statement: The vision for North Bend is centered on preservation and enhancement. The community seeks to preserve its natural beauty and small-town scale while enhancing the built environment of downtown, riverfront, community parks, residential neighborhoods, and the community’s gateways.
Brand Statement: North Bend presents itself as a highly livable small town that is the premier outdoor recreation destination in the Puget Sound Region, described with the phrase "Easy to Reach...Hard to Leave."
Call to Action:
Before approving this Development Agreement, the City Council should resolve these critical issues and consider holding a work session with stakeholders to assess the feasibility of any future plans. The current DA lacks transparency and specificity, putting the city at risk of approving a development with undefined impacts. Let’s ensure that any development aligns with North Bends vision and protects public health, safety, and the environment. We recommend North Bend City Council vote NO on approval of this Development Agreement.
WRITE THE MAYOR, mmiller@northbendwa.gov; CITY CLERK, soppedal@northbendwa.gov : AND CITY COUNCIL MEMBERS, council@northbendwa.gov TO LET YOUR VOICES BE HEARD.
ALSO, SEE IF YOU CAN ATTEND THE CITY COUNCIL MEETING TUESDAY NIGHT, SEPTEMBER 17th AT 7:00 PM AT CITY HALL WHERE/WHEN THE COUNCIL IS EXPECTED TO VOTE ON THE DA.
*the term “Auto Mall” was used to describe this project from individuals both inside and outside of the City
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NOTE: IMPORTANT COMP PLAN MEETING:
There is another important related meeting on North Bend’s Comp Plan on Wednesday Night the 18th. Find out more here: https://northbendwa.gov/ArchiveCenter/ViewFile/Item/6691
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